STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2014
_____________________
ONE
HUNDRED SIXTH DAY
Saint Paul, Minnesota, Friday, May 16, 2014
The House of Representatives convened at
11:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by Joyce Sutphen,
Minnesota Poet Laureate, Chaska, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
A quorum was present.
Zellers was excused until 1:45 p.m. Abeler and Kieffer were excused until 2:00
p.m. Halverson was excused until 2:55
p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Moran, Laine and Loeffler introduced:
H. F. No. 3385, A bill for an act relating to worker dignity; enabling low-income workers to meet basic needs; continuing the phased-in minimum wage increase beyond 2016; increasing the working family credit to match level of the federal earned income tax credit; providing child care assistance to low-income workers; reestablishing the Minnesota emergency employment development program; reducing welfare costs to taxpayers; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivisions 4a, 7; 119B.10; 119B.11, subdivision 1; 119B.12, subdivision 2; 119B.15; 119B.24; 177.24, subdivision 1, as amended; 290.0671, subdivision 1; Minnesota Statutes 2013 Supplement, section 119B.13, subdivision 1; repealing Minnesota Statutes 2012, sections 119B.011, subdivisions 20, 20a; 119B.03, subdivisions 1, 2, 5, 6, 6a, 6b, 8; 119B.07; 119B.09, subdivision 3; 119B.11, subdivision 4; 290.0671, subdivision 7; Minnesota Statutes 2013 Supplement, sections 119B.03, subdivision 4; 119B.05, subdivision 1.
The bill was read for the first time and referred to the Committee on Labor, Workplace and Regulated Industries.
Hansen introduced:
H. F. No. 3386, A bill for an act relating to natural resources; establishing strategic minerals reserve; requiring remittance of two percent of all nonferrous metallic minerals mined; amending Minnesota Statutes 2012, section 93.482, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 93.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hansen and Albright introduced:
H. F. No. 3387, A bill for an act relating to natural resources; requiring certain soil and water conservation district supervisors to be elected by supervisor districts; modifying authority of soil and water conservation districts; granting levy authority; providing for creation of soil and water management areas; amending Minnesota Statutes 2012, section 103C.331, subdivision 16, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 103C.311, subdivision 2; 275.066; proposing coding for new law in Minnesota Statutes, chapter 103C.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Abeler introduced:
H. F. No. 3388, A bill for an act relating to retirement; general state employees retirement plan of the Minnesota State Retirement System; authorizing the purchase of allowable service credit for state internship employment and "Rule of 90" eligibility in certain cases.
The bill was read for the first time and referred to the Committee on Government Operations.
Lesch introduced:
H. F. No. 3389, A bill for an act relating to education; requiring annual review of charter school authorizers; amending Minnesota Statutes 2013 Supplement, section 124D.10, subdivision 3.
The bill was read for the first time and referred to the Committee on Education Policy.
Clark and Wagenius introduced:
H. F. No. 3390, A bill for an act relating to environmental public health; appropriating money for a study of environmental and public health impacts of toxic contamination in the eastern metropolitan area.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Scott introduced:
H. F. No. 3391, A bill for an act relating to data practices; limiting assertion of copyright interests in government data; amending Minnesota Statutes 2012, section 13.03, subdivision 5.
The bill was read for the first time and referred to the Committee on Civil Law.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1068, A bill for an act relating to capital investment; appropriating money for capital improvement projects; modifying grant programs; authorizing the Housing Finance Agency to issue housing infrastructure bonds; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 174.50, subdivisions 6b, 7; 174.52, subdivision 3; 462A.37, subdivision 2, by adding subdivisions.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2490, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the use of negotiated sales; authorizing the transfer of state bond-financed property; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 16A.641, by adding a subdivision; 16A.642, subdivisions 1, 2; 16A.695, by adding a subdivision; 134.45, subdivision 5b; 135A.034, subdivision 2; Laws 2008, chapter 179, section 16, subdivision 5; Laws 2009, chapter 93, article 1, section 11, subdivision 4; Laws 2010, chapter 189, sections 15, subdivision 5; 21, subdivision 11; Laws 2011, First Special Session chapter 12, section 18, subdivision 5; Laws 2012, chapter 293, sections 19, subdivision 4; 21, subdivision 6; Laws 2012, First Special Session chapter 1, article 1, section 9, subdivision 3; article 2, section 4, subdivision 2; Laws 2013, chapter 136, sections 4; 7; proposing coding for new law in Minnesota Statutes, chapter 116J.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2989, A bill for an act relating to business organizations; regulating certain filings, recordings, and registrations with the secretary of state; amending Minnesota Statutes 2012, sections 49.215, subdivision 3; 321.0810; 323A.0903; 336A.01, subdivision 16; 336A.08, subdivision 4; 336A.11; 336A.13; repealing Minnesota Statutes 2012, sections 336A.031; 336A.08, subdivision 3.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 183, A bill for an act relating to data practices; enhancing certain penalties and procedures related to unauthorized access to data by a public employee; amending Minnesota Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40, subdivision 4.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1863, A bill for an act relating to state government; modifying laws governing certain executive branch advisory groups; amending Minnesota Statutes 2012, sections 3.922, subdivision 8; 15B.11, subdivision 2; 16B.055, subdivision 1; 28A.21, subdivision 6; 43A.316, subdivisions 2, 3, 6; 62J.495, subdivision 2; 79A.02, subdivision 1; 85.0146, subdivision 1; 89A.03, subdivision 5; 89A.08, subdivision 1; 92.35; 93.0015, subdivision 3; 97A.055, subdivision 4b; 103F.518, subdivision 1; 115.55, subdivision 12; 115.741, by adding a subdivision; 116U.25; 120B.365, subdivision 2; 134.31, subdivision 6; 144.1255, subdivision 1; 144.1481, subdivision 1; 144.608, subdivision 2; 144G.06; 145A.10, subdivision 10; 148.7805, subdivision 2; 153A.20, subdivision 2;
162.07, subdivision 5; 162.13, subdivision 3; 174.52, subdivision 3; 175.007, subdivision 1; 182.656, subdivision 3; 206.805; 214.13, subdivision 4; 216B.813, subdivision 2; 216B.815; 216C.02, subdivision 1; 240.18, subdivision 4; 241.021, subdivision 4c; 243.1606, subdivision 4; 252.30; 256B.0625, subdivisions 13c, 13i; 256B.27, subdivision 3; 256C.28, subdivision 1; 270C.12, subdivision 5; 298.2213, subdivision 5; 298.2214, subdivision 1; 298.297; 299A.62, subdivision 2; 299A.63, subdivision 2; 299E.04, subdivision 5; 326B.07, subdivision 1; 611A.32, subdivision 2; 611A.33; 611A.345; 611A.35; 629.342, subdivision 2; Minnesota Statutes 2013 Supplement, sections 103I.105; 125A.28; 136A.031, subdivision 3; 144.98, subdivision 10; 254A.035, subdivision 2; 254A.04; 256B.064, subdivision 1a; 256B.093, subdivision 1; 260.835, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 162; repealing Minnesota Statutes 2012, sections 6.81; 15.059, subdivision 5; 15B.32, subdivision 7; 16E.0475; 43A.316, subdivision 4; 43A.317, subdivision 4; 62U.09; 82B.021, subdivision 10; 82B.05, subdivisions 1, 3, 5, 6, 7; 82B.06; 84.964; 103F.518, subdivision 11; 116L.361, subdivision 2; 116L.363; 127A.70, subdivision 3; 136A.031, subdivision 5; 144.011, subdivision 2; 145.98, subdivisions 1, 3; 147E.35, subdivision 4; 162.02, subdivisions 2, 3; 162.09, subdivisions 2, 3; 196.30; 197.585, subdivision 4; 243.93; 245.97, subdivision 7; 252.31; 270C.991, subdivision 4; 298.2213, subdivision 5; 299C.156; 299M.02; 402A.15; 611A.34; Minnesota Statutes 2013 Supplement, sections 15.059, subdivision 5b; 197.585, subdivision 2.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 1951, A bill for an act relating to retirement; various Minnesota public employee retirement plans; allowing MSRS-General deferred members to vote in board elections; continuing Stevens County Housing and Redevelopment Authority employees in PERA-General; excluding fixed-route bus drivers employed by the St. Cloud Metropolitan Transit Commission from PERA-General coverage; increasing member and employer contribution rates for certain retirement plans; providing for the consolidation of the Duluth Teachers Retirement Fund Association retirement plan and fund into the statewide Teachers Retirement Association; revising an amortization target date, creating new state aid programs; appropriating money; extending a MnSCU early retirement incentive program; increasing the limit for certain reemployed MnSCU retirees; extending the applicability of a second chance at tenure retirement coverage election opportunity for MnSCU faculty members; revising investment authority for various defined contribution plans or programs; authorizing the State Board of Investment to revise, remove, or create investment options for the Minnesota supplemental investment fund; expanding permissible investments under the unclassified state employees retirement program, the public employees defined contribution plan, the deferred compensation program, and the health care savings plan; revising salary reporting requirements; clarifying retirement provision applications to sheriffs; revising local government postretirement option program requirements and extending expiration date; clarifying future postretirement adjustment rates for former members of the former Minneapolis Firefighters Relief Association and the former Minneapolis Police Relief Association; making technical changes to amortization state aid and supplemental state aid; clarifying the eligibility of independent nonprofit firefighting corporations to receive police and fire supplemental retirement state aid; implementing the recommendations of the 2013-2014 state auditor volunteer fire working group; modifying the disability benefit application deadline for certain former Wadena County sheriff's deputies; authorizing city of Duluth and Duluth Airports Authority employee salary-supplement payments coverage following Court of Appeals decision; specifying interest rate for computing joint and survivor annuities; revising postretirement adjustment triggers; revising reemployed annuitant withholding in certain divorce situations; clarifying medical advisor and resumption of teaching provisions; specifying explicit postretirement adjustment
assumptions; allowing volunteer firefighter relief associations to pay state fire chiefs association dues from the special fund; authorizing MnSCU employee to elect TRA coverage and transfer past service from IRAP to TRA; clarifying the applicability of 2013 postretirement adjustment modifications to certain county sheriffs; ratifying or grandparenting MSRS-Correctional plan coverage for Department of Human Services employees; allowing various service credit purchases; requiring a PERA report on certain survivor benefit amounts; amending Minnesota Statutes 2012, sections 3A.01, subdivision 1a; 11A.17, subdivisions 1, 9; 13.632, subdivision 1; 122A.18, subdivision 7a; 136F.481; 352.01, subdivisions 2b, 12; 352.03, subdivision 1, by adding a subdivision; 352.04, subdivisions 2, 3; 352.115, subdivisions 8, 10; 352.1155, subdivisions 1, 4; 352.90; 352.91, subdivisions 1, 2, 3c, 3d, 3e, 3f, by adding a subdivision; 352.92, subdivisions 1, 2; 352.965, subdivision 4, by adding subdivisions; 352.98, subdivision 2; 352B.08, subdivision 3; 352D.04, by adding subdivisions; 353.01, subdivision 14; 353.27, subdivisions 2, 3, 3b, 4, by adding a subdivision; 353.30, subdivision 3; 353.37, by adding a subdivision; 353.371, by adding a subdivision; 353.6511, subdivision 7; 353.6512, subdivision 7; 353D.05, subdivision 1, by adding a subdivision; 354.05, subdivisions 2, 7, 13; 354.42, subdivisions 2, 3; 354.44, subdivision 5; 354.445; 354.48, subdivision 6a; 354A.011, subdivisions 11, 15a, 27; 354A.021, subdivision 1; 354A.092; 354A.093, subdivision 1; 354A.096; 354A.12, subdivision 2; 354A.29, subdivision 8; 354A.31, subdivisions 1, 3a; 354A.32, subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions 3, 4; 354A.39; 354A.41; 354B.21, subdivisions 2, 3a; 355.01, subdivision 2c; 356.215, subdivision 11; 356.24, subdivision 1; 356.302, subdivision 7; 356.303, subdivision 4; 356.32, subdivision 2; 356.415, subdivision 1d; 356.42, subdivision 3; 356.465, subdivision 3; 356.47, subdivision 3; 356.635, subdivision 6; 356.99, subdivision 1; 356A.06, subdivisions 7, 7a; 424A.015, by adding a subdivision; 424A.016, subdivisions 4, 7; 424A.05, subdivision 3; 424A.08; 424B.12; 490.121, subdivision 2a; Minnesota Statutes 2013 Supplement, sections 69.051, subdivisions 1a, 3; 352.01, subdivision 2a; 352.03, subdivision 4; 353.01, subdivisions 2a, 2b; 353.651, subdivision 4; 354.436; 354.44, subdivision 6; 354A.12, subdivisions 1, 2a, 3a, 3c; 354A.27, subdivision 6a; 356.20, subdivision 2; 356.214, subdivision 1; 356.215, subdivision 8; 356.219, subdivision 8; 356.30, subdivision 3; 356.401, subdivision 3; 356.415, subdivisions 1a, 1c, 1e, 1f; 356.91; 363A.36, subdivision 1; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 424A.016, subdivision 6; 424A.02, subdivisions 3, 7; 424A.092, subdivision 6; 424A.093, subdivisions 2, 6; 424A.094, subdivision 2; 424A.10, subdivision 2; Laws 2009, chapter 169, article 5, section 2, as amended; article 6, section 1; proposing coding for new law in Minnesota Statutes, chapters 354; 354A; 356; repealing Minnesota Statutes 2012, sections 11A.17, subdivision 4; 352.965, subdivision 5; 352D.04, subdivision 1; 353D.05, subdivision 2; 354A.021, subdivision 5; 354A.108; 354A.24; 354A.27, subdivision 5; 356.415, subdivision 3; Minnesota Statutes 2013 Supplement, sections 354A.27, subdivisions 6a, 7; 354A.31, subdivision 4a.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2092, A bill for an act relating to motor vehicles; license plates; authorizing a veteran's special motorcycle plate for combat wounded veterans; amending Minnesota Statutes 2012, section 168.123, subdivision 1.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2166, A bill for an act relating to elections; providing a study of the use of electronic rosters in elections; requiring secretary of state to evaluate electronic rosters in 2014 election; authorizing the use of electronic rosters statewide; proposing coding for new law in Minnesota Statutes, chapter 201.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2180, A bill for an act relating to insurance; amending provisions relating to health coverage for school district employees; amending Minnesota Statutes 2012, sections 43A.316, subdivision 10, by adding a subdivision; 123B.09, subdivision 12; 123B.75, by adding a subdivision; 471.6161, subdivisions 1, 3, by adding a subdivision; 471.895, subdivision 1; Minnesota Statutes 2013 Supplement, section 124D.10, subdivisions 4a, 11, 21.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2214, A bill for an act relating to transportation; making technical changes to provisions affecting the Department of Transportation; clarifying contracting requirements; modifying U-turn rules; providing bridge inspection authority in certain instances; modifying seasonal load restrictions; modifying Web site requirements to advertise for bids; modifying reporting requirements; modifying appropriations; amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision 1; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87, subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing for mandatory restitution when a person is convicted for selling controlled substance under false pretense of being legal; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, subdivision 1a, by adding a subdivision; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b; proposing coding for new law in Minnesota Statutes, chapter 152.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2402, A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions relating to children and family services, the provision of health services, chemical and mental health services, health-related occupations, Department of Health, public health, continuing care, public assistance programs, and health care; establishing reporting requirements and grounds for disciplinary action for health professionals; making changes to the medical assistance program; modifying provisions governing juvenile safety and placement; regulating the sale and use of tobacco-related and electronic delivery devices; modifying requirements for local boards of health; making changes to provisions governing the Board of Pharmacy; modifying home and community-based services standards; revising the Minnesota family investment program; establishing and modifying task forces and advisory councils; making changes to grant programs; modifying certain penalty fees; requiring studies and reports; amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165; 144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a; 256J.09, subdivision 3;
256J.20, subdivision 3; 256J.30, subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02, by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4; 245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766; 256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3; 256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision 2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 2; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08; Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2733, A bill for an act relating to natural resources; modifying all-terrain vehicle and off-highway motorcycle provisions; providing for certain regulatory efficiencies; modifying invasive species provisions; modifying definition of snowmobile; prohibiting tampering with off-road recreational vehicle odometers; modifying use of forest trails; modifying outdoor recreation system provisions; modifying Water Law; modifying forestry provisions; modifying provision related to environmental impact statements; amending Minnesota Statutes 2012, sections 17.4982, subdivision 18a; 84.027, subdivisions 13a, 14a; 84.0857; 84.791, subdivision 4; 84.81, subdivision 3; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 3; 84.926, subdivision 4; 84D.01, subdivisions 8, 8b, 13, 15, 17, 18; 84D.03, as amended; 84D.06; 84D.10, subdivision 3; 84D.11, subdivision 2a; 84D.12; 84D.13, subdivision 5; 86A.09; 86A.11; 89A.02; 89A.03, subdivisions 1, 6; 89A.04; 89A.05, subdivisions 1, 3; 89A.06, subdivisions 1, 2, 4; 89A.07; 89A.08, subdivisions 1, 2, 3; 89A.09; 89A.10; 89A.11; 97C.821; 103E.065; 103F.121, subdivisions 2, 5; 103F.165, subdivision 3; 103G.245, subdivision 2; 103G.287, subdivision 2; 103G.305, subdivision 1; 103G.615, subdivision 3a; 116D.04, subdivision 2a; 325E.13, by adding a subdivision; 325E.14, subdivisions 1, 3, 4, 6; Minnesota Statutes 2013 Supplement, sections 84.027, subdivision 13; 84.9256, subdivision 1; 84D.10, subdivision 4; 84D.105, subdivision 2; 103C.311, subdivision 2; 103G.287, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 89A; repealing Minnesota Statutes 2012, sections 84.521; 89.01, subdivision 7; 89A.05, subdivisions 2a, 4; 89A.06, subdivision 2a; 103F.121, subdivisions 3, 4; 103F.165, subdivision 2.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying invasive species provisions; providing for certain grants; requiring development of certain master plan; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; updating and eliminating certain obsolete language; modifying prior appropriations; requiring issuance of general permit; requiring a report; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 84D.01, subdivision 8b; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.646; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; proposing coding for new law in Minnesota Statutes, chapters 87A; 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the following change in the membership of the Conference Committee on S. F. No. 693.
The name of Westrom has been stricken, and the name of Rosen has been added.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1981, A bill for an act relating to transportation; roads; eliminating the sunset of certain snow removal authority; amending Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Ward, J.E., moved that the House concur in
the Senate amendments to H. F. No. 1981 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1981, A bill for an act relating to transportation; roads; eliminating the sunset of certain snow removal authority; amending Minnesota Statutes 2013 Supplement, section 160.21, subdivision 6.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2255, A bill for an act relating to public safety; making conforming changes to the ignition interlock program to include limited licenses for program participants who do not have a driver's license due to criminal vehicular operation; amending Minnesota Statutes 2013 Supplement, section 171.306, subdivision 4.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Dorholt moved that the House concur in the
Senate amendments to H. F. No. 2255 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2255, A bill for an act relating to public safety; clarifying the scope of the ignition interlock device program relating to criminal vehicular operation; amending Minnesota Statutes 2013 Supplement, section 171.306, subdivision 4; Laws 2013, chapter 117, article 3, sections 9; 15; 16; 17; 18.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 71 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2798, A bill for an act relating to environment; prohibiting plants treated with pollinator lethal insecticide from being labeled or advertised as beneficial to pollinators; amending Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Hansen moved that the House concur in the
Senate amendments to H. F. No. 2798 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2798, A bill for an act relating to environment; prohibiting plants treated with pollinator lethal insecticide from being labeled or advertised as beneficial to pollinators; amending Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 111 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Green
Gruenhagen
Gunther
Hamilton
Hansen
Hausman
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
Paymar
Persell
Petersburg
Poppe
Pugh
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Benson, M.
Daudt
Davids
Drazkowski
Erickson, S.
FitzSimmons
Garofalo
Hackbarth
Hertaus
Hoppe
Leidiger
Newberger
Peppin
Quam
Scott
The bill was repassed, as amended by the
Senate, and its title agreed to.
Urdahl was excused between the hours of
1:25 p.m. and 6:50 p.m.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2881, A bill for an act relating to transportation; railroads; amending regulation of motor carriers of railroad employees; imposing penalties; amending Minnesota Statutes 2012, sections 169.781, subdivision 2; 221.0255.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Masin moved that the House concur in the
Senate amendments to H. F. No. 2881 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2881, A bill for an act relating to transportation; railroads; amending regulation of motor carriers of railroad employees; imposing penalties; amending Minnesota Statutes 2012, sections 169.781, subdivision 2; 221.0255.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 77 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Wills
Woodard
Zerwas
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 155, A bill for an act relating to notaries public; increasing maximum fees permitted to be charged by notaries public; providing specifications for notarial stamps; amending Minnesota Statutes 2012, sections 357.17; 358.15; 359.03, subdivision 3.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Runbeck moved that the House concur in the
Senate amendments to H. F. No. 155 and that the bill be repassed
as amended by the Senate. The motion
prevailed.
H. F. No. 155, A bill for an act relating to notaries public; increasing maximum fees permitted to be charged by notaries public; amending Minnesota Statutes 2012, section 357.17.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 82 yeas and 47 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Gunther
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Mullery
Murphy, E.
Nelson
Newton
Norton
O'Neill
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Morgan
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
Peppin
Petersburg
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zerwas
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1226, A bill for an act relating to public safety; providing enhanced penalties for causing the death of or assaulting a prosecuting attorney; amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Cornish moved that the House concur in the
Senate amendments to H. F. No. 1226 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1226, A bill for an act relating to public safety; providing enhanced penalties for causing the death of a prosecuting attorney or judge or assaulting a prosecuting attorney or judge; amending Minnesota Statutes 2012, sections 609.185; 609.221, subdivision 2; 609.2231, subdivision 3.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 128 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
FitzSimmons
The bill was repassed, as amended by the
Senate, and its title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 3073
A bill for an act relating to insurance; modifying certain regulations to reduce the incidence of insurance fraud; regulating no-fault auto benefits; regulating certain property and casualty coverages; limiting reimbursement for certain prescription drugs; regulating batch billing; modifying certain economic benefits under chapter 65B; establishing a task force on motor vehicle insurance coverage verification; amending Minnesota Statutes 2012, sections 13.7191, subdivision 16; 60A.952, subdivision 3; 65B.44, subdivisions 2, 3, 4, 6, by adding a subdivision; 65B.525, by adding a subdivision; 65B.54, subdivision 2; 72A.502, subdivision 2; 604.18, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 60A; 65B; repealing Minnesota Statutes 2012, section 72A.327.
May 15, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 3073 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 3073 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 13.7191, subdivision 16, is amended to read:
Subd. 16. Regulation
of trade practices; insurance contract data. (a) Insurance contract data. Certain
insurance contract data held by the commissioner of commerce are classified
under section 72A.20, subdivision 15.
(b) Health claims appeals. Documents
that are part of an appeal from denial of health care coverage for experimental
treatment are classified under section 72A.327.
Sec. 2. Minnesota Statutes 2012, section 60A.952, subdivision 3, is amended to read:
Subd. 3. Immunity from liability. If insurers, insurance support organizations as defined in section 72A.491, subdivision 12, agents acting on the insurers' behalf, or authorized persons release information in good faith under this section, whether orally or in writing, they are immune from any liability, civil or criminal, for the release or reporting of the information.
Sec. 3. Minnesota Statutes 2012, section 65B.44, subdivision 2, is amended to read:
Subd. 2. Medical expense benefits. (a) Medical expense benefits shall reimburse all reasonable expenses for necessary:
(1) medical, surgical, x-ray, optical, dental, chiropractic, and rehabilitative services, including prosthetic devices;
(2) prescription drugs, provided that:
(i) prescription drugs filled and
dispensed outside of a licensed pharmacy shall be billed at the average
wholesale price (AWP), or its equivalent, for that drug on that date as
published in Medispan, Redbook, or Gold Standard Drug Database, as identified
by its National Drug Code, plus a dispensing fee of $4.18;
(ii) if a prescription drug has been
repackaged, the average wholesale price used to determine the maximum
reimbursement shall be the average wholesale price for the underlying drug
product, as identified by its National Drug Code from the original labeler; and
(iii) compound drugs shall be billed by listing each drug and its National Drug Code number included in the compound and calculating the charge for each drug separately. Reimbursement shall be based on the sum of the fee for each ingredient for which there is an assigned National Drug Code number plus a single dispensing fee of $4.18. Compound drugs shall not be dispensed without first obtaining preauthorization from the reparation obligor;
(3) ambulance and all other transportation expenses incurred in traveling to receive other covered medical expense benefits;
(4) sign interpreting and language translation services, other than such services provided by a family member of the patient, related to the receipt of medical, surgical, x-ray, optical, dental, chiropractic, hospital, extended care, nursing, and rehabilitative services; and
(5) hospital, extended care, and nursing services.
(b) Hospital room and board benefits may be limited, except for intensive care facilities, to the regular daily semiprivate room rates customarily charged by the institution in which the recipient of benefits is confined.
(c) Such benefits shall also include necessary remedial treatment and services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with that person's religious beliefs.
(d) Medical expense loss includes medical expenses accrued prior to the death of a person notwithstanding the fact that benefits are paid or payable to the decedent's survivors.
(e) Medical expense benefits for rehabilitative services shall be subject to the provisions of section 65B.45.
Sec. 4. Minnesota Statutes 2012, section 65B.44, subdivision 3, is amended to read:
Subd. 3. Disability
and income loss benefits. (a)
Disability and income loss benefits shall provide compensation for 85 percent
of the injured person's loss of present and future gross income from inability
to work proximately caused by the nonfatal injury subject to a maximum of $250
$500 per week. Loss of income
includes the costs incurred by a self-employed person to hire substitute
employees to perform tasks which are necessary to maintain the income of the
injured person, which are normally performed by the injured person, and which
cannot be performed because of the injury.
(b) If the injured person is
unemployed at the time of injury and is receiving or is eligible to receive
unemployment benefits under chapter 268, but the injured person loses
eligibility for those benefits because of inability to work caused by the
injury, disability and income loss benefits shall provide compensation for the
lost benefits in an amount equal to the unemployment benefits which otherwise
would have been payable, subject to a maximum of $250 $500 per
week.
(c) Compensation under this subdivision shall be reduced by any income from substitute work actually performed by the injured person or by income the injured person would have earned in available appropriate substitute work which the injured person was capable of performing but unreasonably failed to undertake.
(d) For the purposes of this section "inability to work" means disability which prevents the injured person from engaging in any substantial gainful occupation or employment on a regular basis, for wage or profit, for which the injured person is or may by training become reasonably qualified. If the injured person returns to employment and is unable by reason of the injury to work continuously, compensation for lost income shall be reduced by the income received while the injured person is actually able to work. The weekly maximums may not be prorated to arrive at a daily maximum, even if the injured person does not incur loss of income for a full week.
(e) For the purposes of this section, an injured person who is "unable by reason of the injury to work continuously" includes, but is not limited to, a person who misses time from work, including reasonable travel time, and loses income, vacation, or sick leave benefits, to obtain medical treatment for an injury arising out of the maintenance or use of a motor vehicle.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 5. Minnesota Statutes 2012, section 65B.44, subdivision 4, is amended to read:
Subd. 4. Funeral
and burial expenses. Funeral and
burial benefits shall be reasonable expenses not in excess of $2,000 $5,000,
including expenses for cremation or delivery under the Darlene Luther Revised
Uniform Anatomical Gift Act, chapter 525A.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 6. Minnesota Statutes 2012, section 65B.44, subdivision 6, is amended to read:
Subd. 6. Survivors
economic loss benefits. Survivors
economic loss benefits, in the event of death occurring within one year of the
date of the accident, caused by and arising out of injuries received in the
accident, are subject to a maximum of $200 $500 per week and
shall cover loss accruing after decedent's death of contributions of money or
tangible things of economic value, not including services, that surviving
dependents would have received from the decedent for their support during their
dependency had the decedent not suffered the injury causing death.
For the purposes of definition under sections 65B.41 to 65B.71, the following described persons shall be presumed to be dependents of a deceased person: (a) a wife is dependent on a husband with whom she lives at the time of his death; (b) a husband is dependent on a wife with whom he lives at the time of her death; (c) any child while under the age of 18 years, or while over that age but physically or mentally incapacitated from earning, is
dependent on the parent with whom the child is living or from whom the child is receiving support regularly at the time of the death of such parent; or (d) an actual dependent who lives with the decedent at the time of the decedent's death. Questions of the existence and the extent of dependency shall be questions of fact, considering the support regularly received from the deceased.
Payments shall be made to the dependent, except that benefits to a dependent who is a child or an incapacitated person may be paid to the dependent's surviving parent or guardian. Payments shall be terminated whenever the recipient ceases to maintain a status which if the decedent were alive would be that of dependency.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 7. Minnesota Statutes 2012, section 65B.525, subdivision 1, is amended to read:
Subdivision 1. Mandatory
submission to binding arbitration. Except
as otherwise provided in section 72A.327, The Supreme Court and the several
courts of general trial jurisdiction of this state shall by rules of court or
other constitutionally allowable device, provide for the mandatory submission
to binding arbitration of all cases at issue where the claim at the
commencement of arbitration is in an amount of $10,000 or less against any
insured's reparation obligor for no-fault benefits or comprehensive or
collision damage coverage.
Sec. 8. Minnesota Statutes 2012, section 65B.57, is amended to read:
65B.57
ECONOMIC LOSS BENEFITS; EXEMPTIONS FROM LEGAL ATTACHMENT.
(a) All economic loss benefits
provided by sections 65B.41 to 65B.71, whether paid or payable to any claimant
shall not be subject to garnishment, sequestration, attachment or execution, or
any other legal process which would deny their receipt and use by that person;
provided, however, that.
(b) This section shall not apply to any person who has provided treatment or services, as described in section 65B.44, subdivision 2, to the victim of a motor vehicle accident.
(c) Economic loss benefits paid or
payable to any claimant, person, or entity who has provided treatment or
services under sections 65B.41 to 65B.71 shall not be subject to any legal
interest in the payment, whether by contract, lien, or other legal process
before a denial of benefits by a reparations obligor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 72A.502, subdivision 2, is amended to read:
Subd. 2. Prevention
of fraud. Personal or privileged
information may be disclosed without a written authorization to another person
if the information is limited to that which is reasonably necessary to detect
or prevent criminal activity, fraud, material misrepresentation, or material
nondisclosure in connection with an insurance transaction, and that person
agrees not to disclose the information further without the individual written
authorization unless the further disclosure is otherwise permitted by this
section if made by an insurer, insurance agent, or insurance-support
organization. Any insurer, insurance
agent, or insurance-support organization making such a disclosure is immune
from liability under section 60A.952, subdivision 3.
Sec. 10. TASK
FORCE ON MOTOR VEHICLE INSURANCE COVERAGE VERIFICATION.
Subdivision 1. Establishment. The task force on motor vehicle
insurance coverage verification is established to review and evaluate
approaches to insurance coverage verification and recommend legislation to
create and fund a program in this state.
Subd. 2. Membership;
meetings; staff. (a) The task
force shall be composed of 14 members, who must be appointed by July 1, 2014,
and who serve at the pleasure of their appointing authorities:
(1) the commissioner of public safety or
a designee;
(2) the commissioner of commerce or a
designee;
(3) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(4) two members of the senate, one
appointed by the Subcommittee on Committees of the Committee on Rules and
Administration and one appointed by the minority leader;
(5) a representative of Minnesota Deputy
Registrars Association;
(6) a representative of AAA Minnesota;
(7) a representative of AARP Minnesota;
(8) a representative of the Insurance
Federation of Minnesota;
(9) a representative of the Minnesota
Bankers Association;
(10) a representative of the Minnesota Association for Justice;
(11) a representative of the Minnesota
Police and Peace Officers Association; and
(12) a representative of the Minnesota
chapter of the International Association of Special Investigation Units.
(b) Compensation and expense
reimbursement must be as provided under Minnesota Statutes, section 15.059,
subdivision 3, to members of the task force.
(c) The commissioner of public safety
shall convene the task force by August 1, 2014, and shall appoint a chair from
the membership of the task force. Staffing
and technical assistance must be provided by the Department of Public Safety.
Subd. 3. Duties. The task force shall review and
evaluate programs established in other states as well as programs proposed by
third parties, identify one or more programs recommended for implementation in
this state, and, as to the recommended programs, adopt findings concerning:
(1) comparative costs of programs;
(2) implementation considerations, and
in particular, identifying the appropriate supervising agency and assessing compatibility
with existing and planned computer systems;
(3) effectiveness in verifying existence
of motor vehicle insurance coverage;
(4) identification of categories of
authorized users;
(5) simplicity of access and use for
authorized users;
(6) data privacy considerations;
(7)
data retention policies; and
(8) statutory changes necessary for
implementation.
Subd. 4. Report. By February 1, 2015, the task force
must submit to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with primary jurisdiction
over commerce and transportation its written recommendations, including any
draft legislation necessary to implement the recommendations.
Subd. 5. Sunset. The task force shall sunset the day after
submitting the report under subdivision 4, or February 2, 2015,
whichever is earlier.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. REPEALER.
Minnesota Statutes 2012, section
72A.327, is repealed."
Delete the title and insert:
"A bill for an act relating to insurance; modifying certain regulations to reduce the incidence of insurance fraud; regulating no-fault auto benefits; modifying certain economic benefits under chapter 65B; establishing a task force on motor vehicle insurance coverage verification; amending Minnesota Statutes 2012, sections 13.7191, subdivision 16; 60A.952, subdivision 3; 65B.44, subdivisions 2, 3, 4, 6; 65B.525, subdivision 1; 65B.57; 72A.502, subdivision 2; repealing Minnesota Statutes 2012, section 72A.327."
We request the adoption of this report and repassage of the bill.
House Conferees: Joe Atkins, Patti Fritz and Denny McNamara.
Senate Conferees: Vicki Jensen, Susan Kent and James P. Metzen.
Atkins moved that the report of the
Conference Committee on H. F. No. 3073 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3073, A bill for an act relating to insurance; modifying certain regulations to reduce the incidence of insurance fraud; regulating no-fault auto benefits; regulating certain property and casualty coverages; limiting reimbursement for certain prescription drugs; regulating batch billing; modifying certain economic benefits under chapter 65B; establishing a task force on motor vehicle insurance coverage verification; amending Minnesota Statutes 2012, sections 13.7191, subdivision 16; 60A.952, subdivision 3; 65B.44, subdivisions 2, 3, 4, 6, by adding a subdivision; 65B.525, by adding a subdivision; 65B.54, subdivision 2; 72A.502, subdivision 2; 604.18, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 60A; 65B; repealing Minnesota Statutes 2012, section 72A.327.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called.
There were 72 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
MESSAGES FROM
THE SENATE, Continued
The
following messages were received from the Senate:
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 2642.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
JoAnne M. Zoff,
Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2642
A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and regulatory provisions; prohibiting sale of lottery tickets online and at play at the pump devices; amending Minnesota Statutes 2012, sections 349.12, subdivision 18, by adding subdivisions; 349.16, by adding a subdivision; 349.163, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivision 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349A.13; Minnesota Statutes 2013 Supplement, section 349.19, subdivisions 2, 10; repealing Minnesota Statutes 2012, sections 349.169; 349.19, subdivision 9.
May 15, 2014
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2642 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2642 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 349.12, is amended by adding a subdivision to read:
Subd. 8a. Continuation
raffle. "Continuation
raffle" means the selection of winning entries from previously selected
winning entries until a final selection of winning entries is determined and no
additional consideration is required beyond the initial consideration to enter
the raffle. A continuation raffle may be
conducted over a period of time but cannot exceed 12 months.
Sec. 2. Minnesota Statutes 2012, section 349.12, subdivision 18, is amended to read:
Subd. 18. Gambling equipment. "Gambling equipment" means gambling equipment that is either disposable or permanent gambling equipment.
(a) Disposable gambling equipment includes the following:
(1) bingo hard cards or paper sheets, including linked bingo paper sheets;
(2) paper and electronic pull-tabs;
(3) jar tickets;
(4) paddle tickets and paddle ticket cards;
(5) tipboards and tipboard tickets; and
(6) promotional tickets that mimic a
pull-tab or tipboard;
(7) raffle boards; and
(8) a disposable sealed placard, containing all 75 randomly placed bingo letter and number combinations, that, when opened, is used to select the bingo numbers in a single game of bingo.
(b) Permanent gambling equipment includes the following:
(1) devices for selecting bingo numbers;
(2) electronic bingo devices;
(3) electronic pull-tab devices;
(4) pull-tab dispensing devices;
(5) programmable electronic devices that have no effect on the outcome of a game and are used to provide a visual or auditory enhancement of a game;
(6) paddle wheels; and
(7) paddle wheel tables.
Sec. 3. Minnesota Statutes 2012, section 349.12, is amended by adding a subdivision to read:
Subd. 21a. Hot-ball
bingo prize. "Hot-ball
bingo prize" is an additional prize awarded to a winning bingo face for
which the last bingo number called in the bingo game matches a previously
designated bingo number announced to all players immediately prior to the
beginning of the bingo game or the bingo occasion. All players participating in a bingo game
that offers a hot-ball bingo prize must be eligible to win the hot-ball bingo
prize at no additional cost to the player.
Sec. 4. Minnesota Statutes 2012, section 349.12, is amended by adding a subdivision to read:
Subd. 33a. Raffle
board. "Raffle
board" means a placard with up to 200 squares whereby participants in the
raffle write their names to indicate entry.
Sec. 5. Minnesota Statutes 2012, section 349.16, is amended by adding a subdivision to read:
Subd. 2a. Merged
organizations. If two or more
organizations merge or otherwise join together to form a new organization and
at least one of the organizations has an active lawful gambling license, the
board shall consider the new organization to have been in existence for the
most recent three years if all other requirements of subdivision 2 are met.
Sec. 6. Minnesota Statutes 2012, section 349.163, is amended by adding a subdivision to read:
Subd. 3a. Promotional
materials. A manufacturer may
provide to an organization for use at a premises where lawful gambling is
conducted by the licensed organization, marketing, promotional, or
point-of-sale items or materials for the promotion of lawful gambling, provided
the total value of the items or materials provided to the organization does not
exceed $250 per year. Any marketing,
promotional, or point-of-sale items and materials used for the promotion of
lawful gambling may not include items normally purchased by the lessor of a
premises in the lessor's business.
Sec. 7. Minnesota Statutes 2012, section 349.163, is amended by adding a subdivision to read:
Subd. 5a. Disposable
sealed placard requirements. A
disposable sealed placard used for the selection of bingo numbers in a bingo
game in this state must have imprinted on it a unique serial and form number
and a symbol that is at least one inch high and one inch wide consisting of an
outline of the geographic boundaries of Minnesota with the letters
"MN" inside the outline.
Sec. 8. Minnesota Statutes 2012, section 349.163, is amended by adding a subdivision to read:
Subd. 8a. Raffle
board standards. (a) A
manufacturer may not ship or cause to be shipped into this state or sell for
use or resale in this state any raffle board that does not have affixed to or
imprinted at the bottom a bar code that provides all information required by
the commissioner of revenue under section 297E.04, subdivision 2. A person other than a manufacturer may not
manufacture, alter, modify, or otherwise change a raffle board as allowed by
this chapter or board rules.
(b) A raffle board sold by a manufacturer
for use or resale in Minnesota must have imprinted on it a symbol that is at
least one inch high and one inch wide consisting of an outline of the
geographic boundaries of Minnesota with the letters "MN" inside the
outline and must have the serial number of the board imprinted on the bar code
at the bottom of the board in numerals at least one-half inch high.
(c) A raffle board may not contain more
than 200 squares.
Sec. 9. Minnesota Statutes 2012, section 349.1635, subdivision 4, is amended to read:
Subd. 4. Prohibition. (a) Except for services associated exclusively with a linked bingo game, a linked bingo game provider may not participate or assist in the conduct of lawful gambling by an organization. No linked bingo game provider or employee, representative, agent, affiliate, or other employee of a linked bingo game provider may:
(1) hold any financial or managerial interest in a premises leased for the conduct of bingo;
(2) also be licensed as a distributor or hold any financial or managerial interest in a distributor;
(3) sell or lease linked bingo game equipment to any person not licensed as an organization;
(4) purchase gambling equipment to be used exclusively in a linked bingo game from any person not licensed as a manufacturer under section 349.163;
(5) provide a lessor of gambling premises or an appointed official any compensation, gift, gratuity, premium, or contribution; and
(6) provide an employee or agent of the organization any compensation, gift, gratuity, premium, or other thing of value greater than $25 per organization in a calendar year.
(b) A linked bingo provider may provide
to an organization for use at a premises where lawful gambling is conducted by
the licensed organization, marketing, promotional, or point-of-sale items or
materials for the promotion of lawful gambling, provided the total value of the
items or materials provided to the organization does not exceed $250 per year. Any marketing, promotional, or point-of-sale
items and materials used for the promotion of lawful gambling may not include
items normally purchased by the lessor of a premises in the lessor's business.
(b) (c) Employees of the
board and the Division of Alcohol and Gambling Enforcement may inspect the
books, records, inventory, and business premises of a licensed linked bingo
game provider without notice during the normal business hours of the linked
bingo game provider. The board may
charge a linked bingo game provider for the actual cost of conducting scheduled
or unscheduled inspections of the licensee's facilities.
Sec. 10. Minnesota Statutes 2012, section 349.17, subdivision 5, is amended to read:
Subd. 5. Bingo cards and sheets. (a) The board shall by rule require that all licensed organizations: (1) conduct bingo only using a bingo paper sheet or facsimile of a bingo face that bears an individual number recorded by the distributor or linked bingo game provider; and (2) use each bingo paper sheet for no more than one bingo occasion. In lieu of the requirements of clause (2), a licensed organization may electronically record the sale of each bingo hard card or paper sheet at each bingo occasion using an electronic recording system approved by the board.
(b) The requirements of paragraph (a) shall only apply to a licensed organization that received gross receipts from bingo in excess of $150,000 in the organization's last fiscal year.
(c) Each bingo hard card, bingo paper
sheet, or a facsimile of a bingo paper sheet must have five horizontal rows of
spaces with each row except one having five not more than two
numbers in each space. The center
row must have four spaces with not more than two numbers in each
space and the center space marked "free." Each column must have one of the letters
B-I-N-G-O in order at the top. Bingo
paper sheets may also have numbers that are not preprinted but are
filled in by players.
Sec. 11. Minnesota Statutes 2012, section 349.17, subdivision 6, is amended to read:
Subd. 6. Conduct of bingo. The price of a face played on an electronic bingo device may not be less than the price of a face on a bingo paper sheet sold for the same game at the same occasion. A game of bingo begins with the first letter and number called or displayed. Each player must cover, mark, or activate the numbers when bingo numbers are randomly selected and announced or displayed to the players. The game is won when a player, using bingo paper, bingo hard card, or a facsimile of a bingo paper sheet, has completed, as described in the bingo program, a previously designated pattern or previously determined requirements of the game and declared bingo. A bingo pattern or bingo game requirement may not be completed with fewer than three bingo numbers having been drawn, unless the game being played is a cover-none game. The game is completed when a winning card, sheet, or facsimile is verified and a prize awarded pursuant to subdivision 3.
Sec. 12. Minnesota Statutes 2012, section 349.17, subdivision 9, is amended to read:
Subd. 9. Linked bingo games played exclusively on electronic bingo devices. In addition to the requirements of subdivision 8, the following requirements and restrictions apply when linked bingo games are played exclusively on electronic bingo devices.
(a) The permitted premises must be:
(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent malt beverages, except for a general food store or drug store permitted to sell alcoholic beverages under section 340A.405, subdivision 1; or
(2) a premises where bingo is conducted as the primary business and has a seating capacity of at least 100.
(b) The number of electronic bingo devices is limited to:
(1) no more than six devices in play for permitted premises with 200 seats or less;
(2) no more than 12 devices in play for permitted premises with 201 seats or more; and
(3) no more than 50 devices in play for permitted premises where bingo is the primary business.
Seating capacity is determined as specified under the local fire code.
(c) Prior to a bingo occasion, the linked bingo game provider, on behalf of the participating organizations, must provide to the board a bingo program in a format prescribed by the board.
(d) Before participating in the play of a
linked bingo game, a player must present and register a valid picture
identification card that includes the player's address and date of birth. Except for prize receipts required by
section 349.19, subdivision 10, an organization is not required to register or
retain any information contained on the player's picture identification card.
(e) An organization may remove from play a device that a player has not maintained in an activated mode for a specified period of time determined by the organization. The organization must provide the notice in its house rules.
Sec. 13. Minnesota Statutes 2012, section 349.1711, subdivision 1, is amended to read:
Subdivision 1. Sale of tickets. (a) Tipboard games must be played using only tipboard tickets that are either (1) attached to a placard and arranged in columns or rows, or (2) separate from the placard and contained in a receptacle while the game is in play. The placard serves as the game flare.
(b) Except for a sports-themed tipboard,
the placard must contain a seal or seals that conceals conceal
the winning number numbers or symbol symbols. When a tipboard ticket is purchased and
opened from a game containing more than 32 100 tickets, each
player having a tipboard ticket with one or more predesignated numbers or
symbols must sign the placard at the line indicated by the number or symbol on
the tipboard ticket.
Sec. 14. Minnesota Statutes 2012, section 349.1711, subdivision 2, is amended to read:
Subd. 2. Determination
of winners. When the predesignated
numbers or symbols have all been purchased, or all of the tipboard tickets for
that game have been sold, the a seal must be removed to reveal a
number or symbol that determines which of the predesignated numbers or symbols
is the winning number or symbol. The
seal must be opened by an employee or volunteer of the organization, but if
there is more than one seal on the placard, the eligible player may select
which seal is opened. A tipboard may
also contain consolation winners, or winning chances that are determined in
whole or in part by the numerical outcome of one or more professional sporting
events, that need not be determined by the use of the seal.
Sec. 15. Minnesota Statutes 2012, section 349.1721, subdivision 4, is amended to read:
Subd. 4. Electronic pull-tab device requirements and restrictions. The following pertain to the use of electronic pull-tab devices as defined under section 349.12, subdivision 12b.
(a) The use of any electronic pull-tab device may only be at a permitted premises that is:
(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent malt beverages, except for a general food store or drug store permitted to sell alcoholic beverages under section 340A.405, subdivision 1; or
(2) a premises where bingo is conducted as the primary business and has a seating capacity of at least 100; and
(3) where the licensed organization sells paper pull-tabs.
(b) The number of electronic pull-tab devices is limited to:
(1) no more than six devices in play at any permitted premises with 200 seats or less;
(2) no more than 12 devices in play at any permitted premises with 201 seats or more; and
(3) no more than 50 devices in play at any permitted premises where the primary business is bingo.
Seating capacity is determined as specified under the local fire code.
(c) The hours of operation for the devices are limited to 8:00 a.m. to 2:00 a.m.
(d) All electronic pull-tab games must be sold and played on the permitted premises and may not be linked to other permitted premises.
(e) Electronic pull-tab games may not be transferred electronically or otherwise to any other location by the licensed organization.
(f) Electronic pull-tab games may be commingled if the games are from the same family of games and manufacturer and contain the same game name, form number, type of game, ticket count, prize amounts, and prize denominations. Each commingled game must have a unique serial number.
(g) An organization may remove from play a device that a player has not maintained in an activated mode for a specified period of time determined by the organization. The organization must provide the notice in its house rules.
(h) Before participating in the play of an
electronic pull-tab game, a player must present and register a valid
picture identification card that includes the player's address and date
of birth. Except for prize receipts
required by section 349.19, subdivision 10, an organization is not required to
register or retain any information contained on the player's picture
identification card.
(i) Each player is limited to the use of one device at a time.
Sec. 16. Minnesota Statutes 2012, section 349.173, is amended to read:
349.173
CONDUCT OF RAFFLES.
(a) Raffle tickets or certificates of participation at a minimum must list the three most expensive prizes to be awarded and include the location, date, and time of the selection of the winning entries. If additional prizes will be awarded, a complete list of additional prizes must be publicly posted or visibly on display at the event and copies of the complete prize list made available upon request. Raffles conducted under the exemptions in section 349.166 may use tickets that contain only the sequential number of the raffle ticket and no other information if the organization makes a list of prizes, or visibly displays the prizes at the event, and a statement of other relevant information required by rule available to persons purchasing tickets and if tickets are only sold at the event and on the date when the tickets are drawn.
(b) Raffles must be conducted in a manner that ensures:
(1) all entries in the raffle have an equal chance of selection;
(2) entry in the raffle is not conditioned upon any other purchase, except that a certificate of participation may be a button with a nominal value of less than $5;
(3) the method of selection is conducted in a public forum;
(4) the method of selection cannot be manipulated or based on the outcome of an event not under the control of the organization;
(5) physical presence at the raffle is not a requirement to win; and
(6) all sold and unsold tickets or certificates of participation are accounted for.
(c) An organization that is permitted
under this section and authorized by the Gambling Control Board to conduct
raffles, may conduct a raffle in conjunction with a wild game or fish taking
event. The wild game or fish must be
legally taken under chapters 97A to 97C, and rules adopted pursuant to those
chapters. The organization may sell a
combined ticket for a single price for the event and raffle, provided that the
combined ticket states the amount of the price that applies to the wild game or
fish event, and the amount that applies to the raffle. All other provisions of sections 349.11 to
349.23 apply to the raffle.
(c) (d) Methods of selecting
winning entries from a raffle other than prescribed in rule may be used with
the prior written approval of the board.
Sec. 17. Minnesota Statutes 2012, section 349.181, subdivision 3, is amended to read:
Subd. 3. Organization and lessor employees and volunteers. (a) For purposes of this section, "volunteer" means a person who is not compensated by an organization but who performs activities in the conduct of lawful gambling for that organization.
(b) For purposes of this section, "conduct of pull-tabs, tipboards, and paddlewheels" includes selling tickets, redeeming tickets, auditing games, making deposits, spinning the paddlewheel, and conducting inventory.
(c) For purposes of this section, "conduct of bingo" includes selling bingo hard cards, bingo paper sheets, or facsimiles of bingo paper sheets; completing bingo occasion records; selecting or announcing bingo numbers; making deposits; and conducting inventory.
(d) An organization or lessor employee or volunteer who is involved in the conduct of pull-tabs, tipboards, or paddlewheels at a permitted premises may not participate directly or indirectly as a player in a pull-tab, tipboard, or paddlewheel game at that same premises. This restriction is in effect until six weeks after the employee or volunteer is no longer involved in the conduct of pull-tab, tipboard, or paddlewheel games at that same premises.
(e) A volunteer involved in the conduct
of a tipboard or paddlewheel game that has no more than 32 chances per game may
participate as a player in pull-tab, tipboard, or paddlewheel games at the same
premises, except on the same business day that the volunteer was involved in
the conduct of the games.
(e) (f) An employee or
volunteer who is involved in the conduct of any lawful gambling during a bingo
occasion may not participate directly or indirectly as a player in any lawful
gambling during that bingo occasion.
Sec. 18. Minnesota Statutes 2013 Supplement, section 349.19, subdivision 2, is amended to read:
Subd. 2. Accounts. (a) Gross receipts from lawful gambling by each organization must be segregated from all other revenues of the conducting organization and placed in a separate gambling bank account.
(b) All expenditures for allowable expenses, taxes, and lawful purposes must be made from the separate account except (1) in the case of expenditures previously approved by the organization's membership for emergencies as defined by board rule, (2) as provided in subdivision 2a, or (3) when restricted to one electronic fund transaction for the payment of taxes for the organization as a whole, the organization may transfer the amount of taxes related to the conduct of gambling to the general account at the time when due and payable.
(c) The name and address of the bank, the account number for the separate account, and the names of organization members authorized as signatories on the separate account must be provided to the board when the application is submitted. Changes in the information must be submitted to the board at least ten days before the change is made.
(d) Except as provided in paragraph (e), gambling receipts must be deposited into the gambling bank account within four business days of completion of the bingo occasion, deal, or game from which they are received.
(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of the deal is sold or the organization does not continue the play of the deal during the next scheduled period of time in which the organization will conduct pull-tabs.
(2) A tipboard game is considered complete when the seal on the game flare is uncovered or the organization does not continue the play of the deal during the next scheduled period of time in which the organization will conduct tipboards.
(e) Gambling receipts from all
electronic pull-tab games and all linked electronic bingo games gambling
must be recorded on a daily basis and deposited into the gambling bank account within
four business days when the total net receipts from all electronic games
at the premises reach the sum of $2,000 or on or before the first day of the
month immediately following the month during which the receipts were generated,
whichever occurs first.
(f) Deposit records must be sufficient to allow determination of deposits made from each bingo occasion, deal, or game at each permitted premises.
(g) The person who accounts for gambling gross receipts and profits may not be the same person who accounts for other revenues of the organization.
Sec. 19. Minnesota Statutes 2013 Supplement, section 349.19, subdivision 10, is amended to read:
Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed organization to require each winner of a paper pull-tab prize of $100 or more to present identification in the form of a driver's license, Minnesota identification card, or other identification the board deems sufficient to allow the identification and tracking of the winner. The rule must require the organization to retain winning paper pull-tabs of $100 or more, and the identification of the winner of the pull-tab, for 3-1/2 years.
(b) A licensed organization must require
each person cashing out an electronic pull-tab device with $600 or more in
credits to present identification in the form of a driver's license, Minnesota
identification card, or other identification the board deems sufficient to
allow the identification and tracking of the winner. The organization must retain the
identification of the winner for 3-1/2 years.
(c) An organization must maintain separate cash banks for each deal of paper pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the organization uses a cash register, of a type approved by the board, which records all sales of paper pull-tabs by separate deals.
(c) (d) The board shall:
(1) by rule adopt minimum technical standards for cash registers that may be used by organizations, and shall approve for use by organizations any cash register that meets the standards; and
(2) before allowing an organization to use a cash register that commingles receipts from several different paper pull-tab games in play, adopt rules that define how cash registers may be used and that establish a procedure for organizations to reconcile all pull-tab games in play at the end of each month.
Sec. 20. Minnesota Statutes 2012, section 349.19, subdivision 11, is amended to read:
Subd. 11. Information
made part of organization minutes. A
licensed organization which receives a copy of a written audit under
subdivision 9, or an audit or compliance report prepared by an agency of
the state, must place the audit report or compliance report in the minutes
of the next meeting of the organization following receipt of the report. Copies of such minutes must be made available
to all members of the organization upon request.
Sec. 21. Minnesota Statutes 2012, section 349.211, subdivision 1, is amended to read:
Subdivision 1. Bingo. Except as provided in subdivisions 1a,
1b, and 2, prizes for a single bingo game may not exceed $200 except prizes
for a cover-all or cover-none game, which may exceed $200 if the aggregate
value of all cover-all or cover-none prizes in a bingo occasion does not
exceed $1,000. Total prizes awarded at a
bingo occasion may not exceed $2,800, unless a cover-all and cover-none
game is played in which case the limit is $3,800 $4,800. A prize may be determined based on the value
of the bingo packet sold to the player. For
purposes of this subdivision, a cover-all game is one in which a player must
cover all spaces except a single free space to win and includes a game in which
all odd or all even numbers are designated by the organization as covered prior
to the start of the game and a cover-none game is one in which a player does
not cover any numbered spaces to win.
Sec. 22. Minnesota Statutes 2012, section 349.211, subdivision 1a, is amended to read:
Subd. 1a. Linked bingo prizes. Prizes for a linked bingo game shall be limited as follows:
(1) for linked bingo games played
without electronic bingo devices, an organization may not contribute to a
linked bingo game prize pool more than $300 per linked bingo game per site;
(2) for linked bingo games played
exclusively with electronic bingo devices, an organization may not
contribute more than 85 percent of the gross receipts per permitted premises to
a linked bingo game prize pool;
(3) (2) no organization may
award more than $200 for a linked bingo game consolation prize. For purposes of this subdivision, a linked
bingo game consolation prize is a prize awarded by an organization after a
prize from the linked bingo prize pool has been won;
(4) (3) for a progressive
linked bingo game, if no player declares a valid bingo for a progressive prize
or prizes based on a predetermined and posted win determination, a portion of
the gross receipts may be carried over to another game until the accumulated
progressive prize is won. The portion of
the prize that is not carried over must be awarded to the first player or
players who declares a valid bingo as additional numbers are called. If a valid bingo is declared, the entire
prize pool for that game is awarded to the winner; and
(5) (4) for linked bingo
games played exclusively with electronic bingo devices, linked bingo prizes in
excess of $599 shall be paid by the linked bingo game provider to the player
within three business days. Winners of linked
bingo prizes in excess of $599 will be given a receipt or claim voucher as
proof of a win.
Sec. 23. Minnesota Statutes 2012, section 349.211, is amended by adding a subdivision to read:
Subd. 1b. Hot-ball
bingo prizes. An organization
may award up to $500 for a hot-ball bingo prize in a bingo occasion.
Sec. 24. Minnesota Statutes 2012, section 349.211, subdivision 2, is amended to read:
Subd. 2. Progressive bingo games. Except as provided in subdivision 1a, a prize of up to $2,000 may be awarded for a progressive bingo game, including a cover-all game. The prize for a progressive bingo game may start at up to $500 and be increased by up to $100 for each occasion during which the progressive bingo game is played. A consolation prize of up to $200 for a progressive bingo game may be awarded in each occasion during which the progressive bingo game is played and the accumulated prize is not won.
Sec. 25. Minnesota Statutes 2012, section 349A.13, is amended to read:
349A.13
RESTRICTIONS.
Nothing in this chapter:
(1) authorizes the director to conduct a lottery game or contest the winner or winners of which are determined by the result of a sporting event other than a horse race conducted under chapter 240;
(2) authorizes the director to install or
operate a lottery device operated by coin or currency which when operated
determines the winner of a game; and
(3) authorizes the director to sell
pull-tabs as defined under section 349.12, subdivision 32.; and
(4) authorizes the director to offer
the play of, on an electronic terminal, through a Web site, or by any other means or device, casino-style games, including but
not limited to blackjack, craps, keno, dice games, roulette, or poker.
Sec. 26. Laws 2014, chapter 240, section 26, is amended to read:
Sec. 26. REPEALER.
Laws 2012, chapter 235, section 11, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. STATE
LOTTERY; SELF-SERVICE DEVICE AND ONLINE SALES.
(a) By October 30, 2014, the director
of the State Lottery shall suspend the sale of lottery tickets through: (1) a self-service device that is part of,
shares a display with, or is adjacent to a retail petroleum dispenser under
Minnesota Statutes, section 239.751, including all contracts related to this
activity; and (2) a self-service device that is part of, shares a display with,
or is adjacent to an electronic financial terminal under Minnesota Statutes,
section 47.61, subdivision 3, including all contracts related to this activity. The suspension under this paragraph remains
in effect until repealed or amended by law.
(b) By October 30, 2014, the director
of the State Lottery shall suspend the sale of instant win lottery tickets
through a Web site, including all contracts related to this activity. The suspension under this paragraph remains
in effect until repealed or amended by law.
The suspension under this paragraph does not apply to the sale of
tickets of a joint lottery within the meaning of Minnesota Statutes, section
349A.02, subdivision 3, or games that rely on a drawing to select a winner.
Sec. 28. REPEALER.
Minnesota Statutes 2012, sections
349.169; and 349.19, subdivision 9, are repealed.
Sec. 29. EFFECTIVE
DATE.
Sections 1 to 28 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to regulated industries; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and other provisions regulating the conduct of lawful gambling; prohibiting director of state lottery from offering casino-style games; suspending the sale of certain tickets of the state lottery through a Web site or self-service devices; clarifying a legislative enactment; amending Minnesota Statutes 2012, sections 349.12, subdivision 18, by adding subdivisions; 349.16, by adding a subdivision; 349.163, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivision 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349A.13; Minnesota Statutes 2013 Supplement, section 349.19, subdivisions 2, 10; Laws 2014, chapter 240, section 26; repealing Minnesota Statutes 2012, sections 349.169; 349.19, subdivision 9."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Sandra L. Pappas, Chris A. Eaton and Roger C. Chamberlain.
House Conferees: Joe Atkins, Leon Lillie and Joe Hoppe.
Atkins moved that the report of the
Conference Committee on S. F. No. 2642 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2642, A bill for an act relating to gambling; making clarifying, conforming, and technical changes relating to lawful gambling; modifying games, prizes, and regulatory provisions; prohibiting sale of lottery tickets online and at play at the pump devices; amending Minnesota Statutes 2012, sections 349.12, subdivision 18, by adding subdivisions; 349.16, by adding a subdivision; 349.163, by adding subdivisions; 349.1635, subdivision 4; 349.17, subdivisions 5, 6, 9; 349.1711, subdivisions 1, 2; 349.1721, subdivision 4; 349.173; 349.181, subdivision 3; 349.19, subdivision 11; 349.211, subdivisions 1, 1a, 2, by adding a subdivision; 349A.13; Minnesota Statutes 2013 Supplement, section 349.19, subdivisions 2, 10; repealing Minnesota Statutes 2012, sections 349.169; 349.19, subdivision 9.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Pursuant to rule 2.05, Selcer was excused
from voting on the repassage of S. F. No. 2642, as amended by Conference.
There were 126 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Hackbarth
Peppin
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2175.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2175
A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; proposing coding for new law in Minnesota Statutes, chapter 16B.
May 12, 2014
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2175 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2175 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [16B.297]
ACQUISITION OF REAL PROPERTY.
Subdivision 1. Definition. For the purposes of this section,
"agency" means an agency as defined in section 16B.01, subdivision 2,
and the Board of Trustees of the Minnesota State Colleges and Universities, but
does not include the Department of Transportation, the Department of Natural
Resources, or the Board of Water and Soil Resources.
Subd. 2. Maximum
price. When an agency is
authorized to acquire real property or an interest in real property with public
money, the procedure in this section applies.
The agency must first prepare a fact sheet providing a legal description
of the real property to be acquired and the legal authority for its acquisition. The agency must obtain an appraisal of the
real property by a person licensed under chapter 82B as an appraiser for the
type of real property being appraised and the appraisal must be done in
accordance with the requirements of chapter 82B. The appraiser shall not have an interest
directly or indirectly in any of the real property to be appraised. The agency may pay less for the property than
the appraised value but must not agree to pay more than ten percent above the
appraised value. If the real property is
appraised at less than $100,000 by the agency and the seller, the agency may
pay more than 110 percent of the agency's appraised value but no more than the
seller's appraised value. New appraisals
may be made at the discretion of the agency.
Sec. 2. REPORT.
The commissioner of management and budget shall report by January 15, 2015, to the chairs and ranking minority members of the legislative committees with jurisdiction over policy and finance relating to real property acquisition by the state on what information and documentation related to the parties' administrative costs should be required before the state agrees to acquire real property or an interest in real property. The commissioner, as part of the report, shall recommend whether exceptions to the requirements of Minnesota Statutes, section 16B.297, are necessary to protect the public interest and make recommendations for appropriate exceptions, if any."
Delete the title and insert:
"A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 16B."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Terri E. Bonoff, Jeremy R. Miller and Greg D. Clausen.
House Conferees: Lyndon Carlson Sr., Gene Pelowski Jr. and Steve Drazkowski.
Carlson moved that the report of the Conference
Committee on S. F. No. 2175 be adopted and that the bill be
repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2175, A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; proposing coding for new law in Minnesota Statutes, chapter 16B.
The bill was read for the third time,
as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 122 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Green
Gunther
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Beard
FitzSimmons
Gruenhagen
Hackbarth
Howe
Lohmer
O'Driscoll
Peppin
Pugh
Uglem
The bill was repassed, as amended by Conference,
and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2065.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2065
A bill for an act relating to labor and industry; extending an independent contractor registration pilot project; exempting certain sawmills from high pressure boiler attendance requirements; amending Minnesota Statutes 2012, sections 181.723, subdivisions 4, 4a, 5, 7; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B.
May 15, 2014
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2065 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2065 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [178.011]
DEFINITIONS.
Subdivision 1. Scope. The terms defined in this section have
the meanings given and apply to this chapter.
Subd. 2. Apprentice. "Apprentice" means a worker
who is at least 16 years of age who is employed to learn an apprenticeable
trade or occupation in a registered apprenticeship program under this chapter.
Subd. 3. Apprenticeship
Advisory Board. "Apprenticeship
Advisory Board" or "board" means the Apprenticeship Advisory
Board established under section 178.02 and as an advisory State Apprenticeship
Council as defined in Code of Federal Regulations, title 29, section 29.2.
Subd. 4. Apprenticeship
program. "Apprenticeship
program" means a program registered under this chapter that includes
standards containing all terms and conditions for the qualification,
recruitment, selection, employment, and training of apprentices, as required
under Code of Federal Regulations, title 29, parts 29 and 30, and a written
apprenticeship agreement.
Subd. 5. Commissioner. "Commissioner" means the
commissioner of labor and industry or a duly designated representative of the
commissioner who is an employee of the department.
Subd. 6. Department. "Department" means the
Department of Labor and Industry established under section 175.001.
Subd. 7. Division. "Division" means the
department's Labor Standards and Apprenticeship Division, established under
sections 175.16 and 178.03, and the State Apprenticeship Agency as defined in
Code of Federal Regulations, title 29, part 29, section 29.2.
Subd. 8. Employer. "Employer" means any person
or organization employing an apprentice whether or not the person or
organization is a party to an apprenticeship agreement with the apprentice.
Subd. 9. Journeyworker. "Journeyworker" means a
person who has attained a level of skill, abilities, and competencies
recognized within an industry as having mastered the skills and competencies
required for the trade or occupation.
Subd. 10. Registered
apprenticeship agreement. "Registered
apprenticeship agreement" or "apprenticeship agreement" means a
written agreement, complying with section 178.07, between the division,
sponsor, and apprentice, and, if the apprentice is a minor, the minor's parent
or guardian, which contains the terms and conditions of the employment and
training of the apprentice.
Subd. 11. Related
instruction. "Related
instruction" means an organized and systematic form of instruction
designed to provide the apprentice with the knowledge of the theoretical and
technical subjects related to the apprentice's trade or occupation. The instruction may be given in a classroom
through trade, occupational, or industrial courses or, when of equivalent
value, by correspondence, electronic media, or other forms of self-study
approved by the commissioner.
Subd. 12. Sponsor. "Sponsor" means an employer,
employer association, or apprenticeship committee as defined by Code of Federal
Regulations, title 29, part 29, section 29.2, that operates an apprenticeship
program and in whose name the program is or is to be registered or approved.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 2. [178.012]
UNIFORMITY WITH FEDERAL LAW.
Subdivision 1. Apprenticeship
rules. Federal regulations
governing apprenticeship in effect on July 1, 2013, as provided by Code of
Federal Regulations, title 29, part 29, sections 29.1 to 29.6 and 29.11, are
the apprenticeship rules in this state, subject to amendment by this chapter or
by rule under section 178.041.
Subd. 2. State
Apprenticeship Agency. The
commissioner shall take all necessary steps as permitted by law to obtain and
maintain the status of the division as a State Apprenticeship Agency recognized
by the United States Department of Labor under Code of Federal Regulations,
title 29, part 29, section 29.13.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 178.02, is amended to read:
178.02
APPRENTICESHIP ADVISORY BOARD.
Subdivision 1. Members. The commissioner of labor and
industry, hereinafter called the commissioner, shall appoint an
Apprenticeship Board, hereinafter referred to as the board, composed of
three representatives each from employer and employee organizations, and two
representatives of the general public. The
director A designee of the commissioner of education responsible for
career and technical education or designee shall be an ex officio member of the
board and shall serve in an advisory capacity only.
Subd. 2. Terms. The board shall not expire. The terms, compensation, and removal of appointed members shall be as provided in section 15.059.
Subd. 4. Duties. The board shall meet at the call of the commissioner and shall advise the commissioner about matters relating to this chapter. It shall propose occupational classifications for apprenticeship programs; propose minimum standards for apprenticeship programs and agreements; and advise on the establishment of such policies, procedures, and rules as the board or commissioner deems necessary in implementing the intent of this chapter.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 4. Minnesota Statutes 2012, section 178.03, is amended to read:
178.03
DIVISION OF LABOR STANDARDS AND APPRENTICESHIP.
Subdivision 1. Establishment
of division. There is established a
Division of Labor Standards and Apprenticeship in the Department of Labor and
Industry. This division shall be
administered by a director, and be under the supervision of the commissioner of
labor and industry, hereinafter referred to as the commissioner.
Subd. 2. Director of labor standards and apprenticeship. The commissioner shall appoint a director of the Division of Labor Standards and Apprenticeship, hereinafter referred to as the director, and may appoint and employ such clerical, technical, and professional help as is necessary to accomplish the purposes of this chapter. The director and division staff shall be appointed and shall serve in the classified service pursuant to civil service law and rules.
Subd. 3. Duties
and functions. The director,
under the supervision of the commissioner, and with the advice and consultation
of the Apprenticeship Board, is authorized:
to administer the provisions of this chapter; to promote apprenticeship
and other forms of on-the-job learning; to establish, in cooperation and
consultation with the Apprenticeship Board and with the apprenticeship
committees, conditions, training, and learning standards for the approval of
apprenticeship programs and agreements, which conditions and standards shall in
no case be lower than those (1) prescribed by this chapter, and (2) established
under The division shall be administered as prescribed by this chapter
and in accordance with Code of Federal Regulations, title 29, part 29; to
promote equal employment opportunity in apprenticeship and other on-the-job
learning and to establish a Minnesota plan for equal employment opportunity in
apprenticeship which shall be consistent with standards established under Code
of Federal Regulations, title 29, part 30, as amended; to issue certificates
of registration to sponsors of approved apprenticeship programs; to act as
secretary of the Apprenticeship Board; to approve, if of the opinion that
approval is for the best interest of the apprentice, any apprenticeship
agreement which meets the standards established hereunder; to terminate any
apprenticeship agreement in accordance with the provisions of such agreement;
to keep a record of apprenticeship agreements and their disposition; to issue
certificates of completion of apprenticeship; and to perform such other duties
as the commissioner deems necessary to carry out the intent of this chapter;
provided, that the administration and supervision of supplementary instruction
in related subjects for apprentices; coordination of instruction on a
concurrent basis with job experiences, and the selection and training of
teachers and coordinators for such instruction shall be the function of state
and local boards responsible for vocational education. The director division shall
have the authority to make wage determinations applicable to the graduated
schedule of wages and journeyworker wage rate for apprenticeship agreements,
giving consideration to the existing wage rates prevailing throughout the
state, except that no wage determination by the director shall alter an existing
wage provision for apprentices or journeyworkers that is contained in a
bargaining agreement in effect between an employer and an organization of
employees, nor shall the director make any determination for the beginning rate
for an apprentice that is below the wage minimum established by federal or
state law.
Subd. 4. Reciprocity
approval. The director commissioner,
if requested by a sponsoring entity program sponsor, shall grant
reciprocity approval to apprentices, apprenticeship programs of employers
and unions who jointly form a sponsoring entity on a multistate basis in other
than the building construction industry if such programs are in conformity with
this chapter and have been registered in compliance with Code of Federal
Regulations, title 29, part 29, by a state apprenticeship council recognized by
or registered with the United States Department of Labor, Office of
Apprenticeship, when such approval is necessary for federal purposes under Code
of Federal Regulations, title 29, section 29.13(a) or 29.13(b)(7), and
standards that are registered in other states.
Program sponsors seeking reciprocal approval must meet the requirements
of this chapter including the wage and hour provisions and apprentice ratio
standards.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 5. [178.035]
REGISTRATION OF APPRENTICESHIP PROGRAMS.
Subdivision 1. Application. To apply for the registration of an
apprenticeship program, a sponsor shall submit a completed application to the
division on a form provided by the commissioner, which shall include standards
of apprenticeship that comply with the requirements of Code of Federal
Regulations, title 29, part 29, section 29.5, and this chapter.
Subd. 2.
(1) a program that conforms with the
requirements of this chapter:
(i) may be approved; or
(ii) may continue to be provisionally
approved through the first full training cycle; and
(2) a program not in operation or not
conforming with the requirements of this chapter during the provisional
approval period shall be deregistered.
The division shall inform the applicant of the results of
its review in writing at least 30 days prior to the expiration of the
provisional approval period.
Subd. 3. Review. The division shall review all programs
for quality and for conformity with the requirements of this chapter at the end
of the first full training cycle. Subsequent
review of a registered program must be conducted at least annually. Programs not in operation or not conforming
to this chapter at the time of review may be recommended for deregistration.
Subd. 4. Program
modification. To apply for
modification of or change to a registered program, a sponsor shall submit a
written request for modification to the division. The division shall approve or disapprove a
modification request within 90 days from the date of receipt. If approved, the modification or change must
be recorded and acknowledged within 90 days of its approval as an amendment to
the registered program. If not approved,
the division shall notify the sponsor in writing of the disapproval and the
reasons for the disapproval. The
division may provide technical assistance to a sponsor seeking to modify or
change a registered program.
Subd. 5. Notice. When an application is submitted under
subdivision 1 by an employer or employers' association, and where the
standards, collective bargaining agreement, or other instrument provides for
participation by a union in any manner in the operation of the substantive
matters of the apprenticeship program, and the participation is exercised, a
written acknowledgment of the union's agreement or a written statement
specifying that the union has no objection to the registration is required. Where no union participation is evidenced and
practiced, the employer or employers' association shall simultaneously furnish
to the union, if any, which functions as the collective bargaining agent of the
employees to be trained, a copy of its application for registration and the
apprenticeship program. The commissioner
shall provide a reasonable time of not less than 30 days nor more than 60 days
for receipt of union comments, if any, before final action on the application
for registration is taken. Union
comments must be submitted to the division during the time period specified by
the commissioner.
Subd. 6. Certificate. Upon registration of a program, the
commissioner shall issue a certificate of registration to the sponsor. Within 30 days after the certificate is
mailed or otherwise delivered to the sponsor, the sponsor must submit to the
commissioner a copy of at least one executed apprenticeship agreement.
Subd. 7. Policy
requirement. It must be the
policy of the employer and sponsor that the recruitment, selection, employment,
and training of apprentices during their apprenticeship must be without
discrimination due to race, color, creed, religion, national origin, sex,
sexual orientation, marital status, physical or mental disability, receipt of
public assistance, or age. The employer
and sponsor must take affirmative action to provide equal opportunity in apprenticeship
and must operate the apprenticeship program as required under Code of Federal
Regulations, title 29, part 30, and under the Minnesota plan for equal
opportunity in apprenticeship.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 6. [178.036]
STANDARDS OF APPRENTICESHIP.
Subdivision 1. Federal
uniformity. Each program must
have an organized, written plan of program standards embodying the terms and
conditions of employment, training, and supervision of one or more apprentices
in an apprenticeable trade or occupation, as defined in Code of Federal
Regulations, title 29, part 29, section 29.4, and subscribed to by a sponsor
and employer who has undertaken to carry out the apprentice training program. The program standards must contain the
provisions that address each item identified in Code of Federal Regulations,
title 29, part 29, section 29.5(b).
Subd. 2. Standards. (a) In addition to the requirements in
subdivision 1, the program standards must also contain provisions in compliance
with paragraphs (b) to (k):
(b) Related instruction. A
minimum of 144 hours of related instruction is required in each training cycle. At least 50 hours of related safety
instruction is required during the term of apprenticeship. Time spent in related instruction cannot be
considered as hours of work as required by the job process schedule. Every apprenticeship instructor must meet the
Department of Education's requirements for a vocational-technical instructor or
be a subject matter expert, which is an individual such as a journeyworker who
is recognized within an industry as having expertise in a specific trade or
occupation.
(c) Job process schedule. Each
time-based apprenticeship program must include not less than 2,000 hours of
reasonably continuous employment.
(d) Ratios. If the
apprentice is covered by a collective bargaining agreement, the employer must
follow the provisions of the collective bargaining agreement regarding the
maximum number of apprentices to be employed at the work site for each
journeyworker employed at the same work site.
In the absence of a collective bargaining agreement, for the purposes of
direct supervision and the safety and instruction of the apprentice, the ratio
shall be:
(1) one apprentice for the first
journeyworker employed at the work site plus one apprentice for each additional
three journeyworkers employed at the work site;
(2) the work site ratio utilized by the
majority of registered apprenticeship agreements in the same trade or
occupation; or
(3) a program-specific ratio that has
been approved by the Apprenticeship Advisory Board.
(e) Graduated schedule of wages.
The graduated schedule of wages for an apprenticeship program
shall be calculated as a percentage of the journeyworker rate in the majority
of registered apprenticeship agreements in the same trade or occupation in the
state. If there are no registered
apprenticeship agreements in the same trade or occupation, the graduated
schedule of wages may be determined by the sponsor.
(f) Probationary period. The
standards must provide a period of probation of not more than 500 hours of
employment and instruction extending over not more than four months, during
which time the apprenticeship agreement shall be terminated by the director upon
written request of either party, and providing that after such probationary
period the apprenticeship agreement may be terminated by the director by mutual
agreement of all parties thereto, or terminated by the director for good and
sufficient reason.
(g) Dispute resolution. The
program standards must include a provision that controversies or differences
concerning the terms of the apprenticeship agreement which cannot be resolved
by the parties thereto, or which are not covered by a collective bargaining
agreement, may be submitted to the commissioner for determination as provided
for in section 178.09.
(h)
Term of apprenticeship. The term of apprenticeship may be
measured either through:
(1) the time-based approach, which requires completion of at least 2,000 work hours of on-the-job training;
(2) the competency-based approach,
which requires the attainment of competency; or
(3) the hybrid approach, which is a
blend of the time-based and competency-based approaches.
(i) Training cycle. The
training cycle for related instruction must be designated in hours, days, or
months for each individual trade or occupation included in the standards.
(j) Responsibilities of the apprentice. An apprentice employed under the
program standards shall agree to be punctual and regular in attendance, and to
endeavor to the best of the apprentice's ability to perfect the required skills
for the trade or occupation.
(k) Coordination of apprentices.
The sponsor shall designate a qualified individual as a coordinator
of apprentices who shall:
(1) maintain an adequate record of
progress in training each apprentice;
(2) be responsible for assuring that
the requirements of the applicable learning program are met during the
prescribed training term; and
(3) perform other duties as may be
assigned by the sponsor relative to the development and operation of an
effective program of apprenticeship.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 7. Minnesota Statutes 2012, section 178.041, subdivision 2, is amended to read:
Subd. 2. Chapter
14 applies. Rules, modifications,
amendments, and repeals thereof which may be issued by the commissioner under
this section chapter shall be adopted in accordance with chapter
14 and shall have the force and effect of law.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 8. [178.044]
DETERMINATION OF APPRENTICE WAGES.
Subdivision 1. Maximum
hours. The maximum number of
hours of work per week shall not exceed either the number prescribed by law or
the customary regular number of hours per week for the employees of the company
by which the apprentice is employed. Time
spent in related and supplemental instruction for any apprentice shall not be
included in the maximum number of hours of work per workweek.
Subd. 2. Overtime. An apprentice may be allowed to work
overtime provided that the overtime work does not conflict with related
instruction course attendance. All time
in excess of the number of hours of work per week as specified in the
apprenticeship agreement shall be considered overtime. For overtime, the apprentice's rate of pay
shall be increased by the same percentage as the journeyworker's rate of pay
for overtime is increased in the same industry or establishment.
Subd. 3. Journeyworker
wage rate. If the apprentice
is not covered by a collective bargaining agreement, the journeyworker wage
rate upon which the apprentice agreement graduated schedule of wages is
calculated shall be:
(1)
the most current Minnesota state prevailing wage rate determination for the
same trade or occupation in the county in which the apprentice's employer is
located. If an apprenticeship agreement
entered into after January 1, 2015, does not specify fringe benefits, the
journeyworker wage rate upon which the apprentice wage rate is calculated must
be the total rate listed in the wage determination; or
(2) if there is no Minnesota prevailing
wage rate determination for the same trade or occupation in the county in which
the apprentice's employer is located, the journeyworker wage may be determined
by the sponsor with the approval of the division.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 9. Minnesota Statutes 2012, section 178.07, is amended to read:
178.07
REGISTERED APPRENTICESHIP AGREEMENTS.
Subdivision 1. Approval
required. All terminations,
cancellations, and transfers of apprenticeship agreements shall be approved by
the division in writing. The division
must be notified in writing by the sponsor within 45 days of all terminations,
cancellations, or transfer of apprenticeship agreements.
Subd. 2. Signatures
required. Apprenticeship
agreements shall be signed by the sponsor, and by the apprentice, and if the
apprentice is a minor, by a parent or legal guardian. When a minor enters into an apprenticeship
agreement under this chapter for a period of learning extending into majority,
the apprenticeship agreement shall likewise be binding for such a period as may
be covered during the apprentice's majority.
Subd. 3. Contents. Every apprenticeship agreement entered into under this chapter shall contain:
(1) the names of the contracting parties, and the signatures required by subdivision 1;
(2) the date of birth, and information as to the race and sex of the apprentice, and, on a voluntary basis, the apprentice's Social Security number;
(3) a statement of the trade, craft,
occupation, or business which the apprentice is to be taught, and the time at
which the apprenticeship will begin and end;
(3) contact information of the sponsor
and the division;
(4) a statement showing of the
trade or occupation which the apprentice is to be taught, the date on which the
apprenticeship will begin, and the number of hours to be spent by the
apprentice in work and the number of hours to be spent in concurrent, supplementary
instruction in related subjects, which instruction shall be not less than 144
hours during each year of the apprenticeship term. The maximum number of hours of work per week
not including time spent in related and supplemental instruction for any
apprentice shall not exceed either the number prescribed by law or the
customary regular number of hours per week for the employees of the company by
which the apprentice is employed. An
apprentice may be allowed to work overtime provided that the overtime work does
not conflict with supplementary instruction course attendance. All time in excess of the number of hours of
work per week as specified in the apprenticeship agreement shall be considered
overtime. For overtime, the apprentice's
rate of pay shall be increased by the same percentage as the journeyworker's
rate of pay for overtime is increased in the same industry or establishment
related instruction;
(5) a statement setting forth a
schedule of the processes in the trade, occupation, or industry divisions in
which the apprentice is to be taught and the approximate time to be spent at
each process;
(6)
(5) a statement of the graduated scale of wages to be paid the
apprentice and whether the required school time shall be compensated under
sections 178.036, subdivision 2, paragraph (e), and 178.044, as applicable;
(7) (6) a statement providing
for a period of probation of not more than 500 hours of employment and
instruction extending over not more than four months, during which time the
apprenticeship agreement shall be terminated by the director upon written
request of either party, and providing that after such probationary period the
apprenticeship agreement may be terminated by the director by mutual agreement
of all parties thereto, or terminated by the director for good and sufficient
reason listing any fringe benefits to be provided to the apprentice;
(8) a provision that controversies or
differences concerning the terms of the apprenticeship agreement which cannot
be resolved by the parties thereto, or which are not covered by a collective
bargaining agreement, may be submitted to the director for determination as
provided for in section 178.09;
(9) a provision that an employer who is
unable to fulfill an obligation under the apprenticeship agreement may, with
the approval of the director, transfer such contract to any other employer,
provided that the apprentice consents and that such other employer agrees to
assume the obligations of the apprenticeship agreement; and
(7) a statement incorporating as part
of the agreement the registered standards of the apprenticeship program on the
date of the agreement and as they may be amended during the period of the
agreement;
(8) a statement that the apprentice
will be accorded equal opportunity in all phases of apprenticeship employment
and training, without discrimination due to race, color, creed, religion,
national origin, sex, sexual orientation, marital status, physical or mental
disability, receipt of public assistance, or age; and
(10) (9) such additional
terms and conditions as may be prescribed or approved by the director commissioner
not inconsistent with the provisions of this chapter.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 10. Minnesota Statutes 2012, section 178.09, is amended to read:
178.09
INVESTIGATIONS BY DIRECTOR AND ENFORCEMENT OF APPRENTICESHIP
AGREEMENTS.
Subdivision 1. Complaint. Upon the complaint of any interested
person or upon the director's division's own initiative, the
director division may investigate to determine if there has been
a violation of the terms of an apprenticeship agreement made under this chapter. Complaints must be made in writing within
60 days of the events giving rise to the complaint and must set forth the
specific matters complained of together with relevant facts and circumstances. Copies of pertinent documents and
correspondence must accompany the complaint. The director division may
conduct such proceedings as are necessary for that investigation and
determination. All such proceedings
shall be on a fair and impartial basis and shall be conducted according to
rules promulgated under section 178.041.
Subd. 2. Determination;
appeal. Within 90 days after the
receipt of a complaint, the division must issue a determination. The determination of the director division
shall be filed with the commissioner and written notice shall be served on all
parties affected by it. Any person
aggrieved by any determination or action of the director may appeal to the
commissioner. If no appeal is filed with
the commissioner within ten days of the date of service, the director's division's
determination shall become the final order of the commissioner. If an appeal is filed, the commissioner shall
appoint and convene a hearing board to be composed of three members of the
Apprenticeship Advisory Board appointed under section 178.02, one member
being a representative of an employer organization, one representative being a
member of an employee organization, and one member representing the general
public.
The
board shall hold a hearing on the appeal after due notice to the interested
parties and shall submit to the commissioner findings of fact and a recommended
decision accompanied by a memorandum of the reasons for it. Within 30 days after submission, the
commissioner may adopt the recommended decision of the board, or disregard the
recommended decision of the board and prepare a decision based on the findings
of fact and accompanied by a memorandum of reasons for that decision. Written notice of the commissioner's
determination and order shall be served on all parties affected by it. Any person aggrieved or affected by any
the commissioner's determination or order of the commissioner may
appeal from it to the district court having jurisdiction at any time within 30
days after the date of the order by service of a written notice of appeal on
the commissioner. Upon service of the
notice of appeal, the commissioner shall file with the court administrator of
the district court to which the appeal is taken a certified copy of the order
appealed from, together with findings of fact on which it is based. The person serving a notice of appeal shall,
within five days after its service, file it, with proof of service, with the
court administrator of the court to which the appeal is taken. The district court shall then have
jurisdiction over the appeal and it shall be entered in the records of the
district court and tried de novo according to the applicable rules. Any person aggrieved or affected by any
determination, order, or decision of the district court may appeal as in other
civil cases and order under this
section is entitled to judicial review under sections 14.63 to 14.68 in the
same manner that a person aggrieved by a final decision in a contested case is
entitled to judicial review. The
commissioner's determination and order under this section shall be a
final decision and order of the department for purposes of sections 14.63 to 14.68.
Subd. 3. Service. Service under this chapter may be by
certified first class mail, personal service, or in accordance with any consent
to service filed with the commissioner. Service
by mail shall be accomplished in the manner provided in Minnesota Rules, part
1400.5550, subpart 2. Personal service
shall be accomplished in the manner provided in Minnesota Rules, part
1400.5550, subpart 3.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 11. [178.091]
INVESTIGATIONS AND ENFORCEMENT; APPRENTICESHIP PROGRAMS AND STANDARDS.
Subdivision 1. Investigations. In order to carry out the purposes of
this chapter, the commissioner may investigate registered apprenticeship
programs and applicants for program registration to determine whether there are
any grounds for deregistration of a registered program or for the denial of an
application. Persons requested by the
commissioner to provide information or produce documents shall respond within
30 days of the commissioner's service of the request.
Subd. 2. Grounds. (a) The commissioner may deregister a
registered apprenticeship program or deny an application for registration if:
(1) the program does not comply with
any requirement of Code of Federal Regulations, title 29, part 29 or 32, this
chapter, or any rule adopted pursuant to section 178.041;
(2) the program does not have at least
one registered apprentice in each trade or occupation, except for the following
specified periods of time:
(i) within the first 30 days after the
date a program is registered; or
(ii) within one year of the date that a
program graduates an apprentice in a trade or occupation and the date of
registration for the next apprentice in that trade or occupation; or
(3) the program is not conducted, operated,
or administered in accordance with the program's registered standards or with
the requirements of this chapter, including but not limited to:
(i)
failure to provide on-the-job learning;
(ii) failure to provide related
instruction;
(iii) failure of an employer to pay the
apprentice a progressively increasing schedule of wages consistent with the
apprentice's skills acquired; or
(iv) persistent and significant failure
to perform successfully.
(b) The commissioner may deregister an
apprenticeship program at the written request of the sponsor in a manner
consistent with the provisions of Code of Federal Regulations, title 29, part
29, section 29.8(a).
Subd. 3. Reinstatement. If the commissioner deregisters a
registered apprenticeship program, the sponsor may request reinstatement not
before one year after the effective date of the deregistration. The commissioner may, as a condition of
reinstatement, require the sponsor to comply with reasonable conditions the
commissioner considers necessary to effectuate the purposes of this chapter.
Subd. 4. Orders;
hearings related to orders. (a)
If the commissioner determines that a registered apprenticeship program should
be deregistered or that an application for registration should be denied, the
commissioner shall issue to and serve on the sponsor an order deregistering the
program's registration or denying the application for registration.
(b) An order issued under this
subdivision must specify:
(1) the deficiency and the required
remedy or corrective action;
(2)
the time period to effectuate the required remedy or corrective action, which
shall be no more than 90 days; and
(3) any other requirement consistent
with Code of Federal Regulations, title 29, part 29, section 29.8(b).
(c) The sponsor to whom the
commissioner issues an order under this subdivision may appeal to a hearing
board appointed consistent with section 178.09, subdivision 2.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 12. Minnesota Statutes 2012, section 178.10, is amended to read:
178.10
LIMITATION.
(a) The provisions of this chapter
shall have no application to those infants individuals who are
apprenticed by the commissioner of corrections pursuant to sections 242.43 and
242.44.
(b) Nothing in this chapter or any
apprenticeship agreement operates to invalidate:
(1) any apprenticeship provision in any
collective bargaining agreement between employers and employees establishing
higher apprenticeship standards; or
(2) any special provision for veterans,
minority persons, or women, in the standards, apprentice qualifications, or
operation of the program or in the apprenticeship agreement which is not
otherwise prohibited by law.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 13. Minnesota Statutes 2012, section 181.723, subdivision 4, is amended to read:
Subd. 4.
Independent contractor. (a) An individual is an independent
contractor and not an employee of the person for whom the individual is
performing services in the course of the person's trade, business, profession,
or occupation only if the individual is registered with the Department of
Labor and Industry, if required under subdivision 4a, and the individual:
(1) maintains a separate business with the individual's own office, equipment, materials, and other facilities;
(2)(i) holds or has applied for a federal employer identification number or (ii) has filed business or self-employment income tax returns with the federal Internal Revenue Service if the individual has performed services in the previous year;
(3) is operating under contract to perform the specific services for the person for specific amounts of money and under which the individual controls the means of performing the services;
(4) is incurring the main expenses related to the services that the individual is performing for the person under the contract;
(5) is responsible for the satisfactory completion of the services that the individual has contracted to perform for the person and is liable for a failure to complete the services;
(6) receives compensation from the person for the services performed under the contract on a commission or per-job or competitive bid basis and not on any other basis;
(7) may realize a profit or suffer a loss under the contract to perform services for the person;
(8) has continuing or recurring business liabilities or obligations; and
(9) the success or failure of the individual's business depends on the relationship of business receipts to expenditures.
An individual who is not registered, if
required by section 326B.701, is presumed to be an employee of a person for
whom the individual performs services in the course of the person's trade,
business, profession, or occupation. The
person for whom the services were performed may rebut this presumption by
showing that the unregistered individual met all nine factors in this paragraph
at the time the services were performed.
(b) If an individual is an owner or partial owner of a business entity, the individual is an employee of the person for whom the individual is performing services in the course of the person's trade, business, profession, or occupation, and is not an employee of the business entity in which the individual has an ownership interest, unless:
(1) the business entity meets the nine factors in paragraph (a);
(2) invoices and payments are submitted
in the name of the business entity; and
(3) the business entity is registered with
the secretary of state, if required; and.
(4) the business entity is registered
with the Department of Labor and Industry, if required under subdivision 4a.
If the business entity in which the
individual has an ownership interest is not registered, if required by section
326B.701, the individual is presumed to be an employee of a person for whom the
individual performs services and not an employee of the business entity in
which the individual has an ownership interest.
The person for whom the services were performed may rebut the
presumption by showing that the business entity met the requirements of clauses
(1) to (3) at the time the services were performed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2012, section 181.723, subdivision 4a, is amended to read:
Subd. 4a. Applicability;
registration pilot project requirement. (a) The commissioner shall implement a
pilot project, effective July 1, 2012, for the registration of Persons who
perform public or private sector commercial or residential building
construction or improvement services as described in subdivision 2 must
register with the commissioner as provided in this section. The purpose of the pilot project is to
evaluate whether the information obtained through registration assists registration
is to assist the Department of Labor and Industry, the Department of
Employment and Economic Development, and the Department of Revenue to enforce
laws related to misclassification of employees.
The commissioner shall issue a report to the legislature no later
than January 1, 2014, on recommendations for amendments to the registration
program, including reasonable registration fees to be used to aid in enforcing
misclassification laws. The commissioner
must not charge a fee for registration under the pilot project, but may take
the enforcement action specified in subdivision 8a. The pilot project shall expire on June 30,
2014, unless extended by the legislature.
(b) Except as provided in paragraph (c),
any person who performs construction services in the state on or after
September 15, 2012, must register with the commissioner as provided in subdivision
5 section 326B.701 before performing construction services for
another person. The requirements for
registration under this subdivision section 326B.701 are not a
substitute for, and do not relieve a person from complying with, any other law
requiring that the person be licensed, registered, or certified.
(c) The registration requirements in this
subdivision section 326B.701 do not apply to:
(1) a person who, at the time the person is performing the construction services, holds a current license, certificate, or registration under chapter 299M or 326B;
(2) a person who holds a current
independent contractor exemption certificate issued under this section that is
in effect on September 15, 2012, except that the person must register under this
section 326B.701 no later than the date the exemption certificate
expires, is revoked, or is canceled;
(3) a person who has given a bond to the state under section 326B.197 or 326B.46;
(4) an employee of the person performing the construction services, if the person was in compliance with laws related to employment of the individual at the time the construction services were performed;
(5) an architect or professional engineer engaging in professional practice as defined in section 326.02, subdivisions 2 and 3;
(6) a school district or technical college governed under chapter 136F;
(7) a person providing construction services on a volunteer basis, including but not limited to Habitat for Humanity and Builders Outreach Foundation, and their individual volunteers when engaged in activities on their behalf; or
(8) a person exempt from licensing under section 326B.805, subdivision 6, clause (5).
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 15. Minnesota Statutes 2012, section 181.723, subdivision 5, is amended to read:
Subd. 5. Registration
application. (a) Persons required to
register under subdivision 4a section 326B.701 must submit
electronically, in the manner prescribed by the commissioner, a complete
application according to paragraphs (b) to (d).
(b) A complete application must include all of the following information about any individual who is registering as an individual or a sole proprietor, or who owns 25 percent or more of a business entity being registered:
(1) the individual's full legal name and title at the applicant's business;
(2) the individual's business address and telephone number;
(3) the percentage of the applicant's business owned by the individual; and
(4) the individual's Social Security number.
(c) A complete application must also include the following information:
(1) the applicant's legal name; assumed name filed with the secretary of state, if any; designated business address; physical address; telephone number; and e-mail address;
(2) the applicant's Minnesota tax identification number, if one is required or has been issued;
(3) the applicant's federal employer identification number, if one is required or has been issued;
(4) evidence of the active status of the applicant's business filings with the secretary of state, if one is required or has been issued;
(5) whether the applicant has any employees at the time the application is filed;
(6) the names of all other persons with an ownership interest in the business entity who are not identified in paragraph (b), and the percentage of the interest owned by each person, except that the names of shareholders with less than ten percent ownership in a publicly traded corporation need not be provided;
(7) information documenting compliance with workers' compensation and unemployment insurance laws;
(8) a certification that the person signing the application has: reviewed it; determined that the information provided is true and accurate; and determined that the person signing is authorized to sign and file the application as an agent of the applicant. The name of the person signing, entered on an electronic application, shall constitute a valid signature of the agent on behalf of the applicant; and
(9) a signed authorization for the Department of Labor and Industry to verify the information provided on or with the application.
(d) A registered person must notify the commissioner within 15 days after there is a change in any of the information on the application as approved. This notification must be provided electronically in the manner prescribed by the commissioner. However, if the business entity structure, legal form of the business entity, or business ownership has changed, the person must submit a new registration application and registration fee, if any, for the new business entity.
(e)
The registered person must remain registered while providing construction
services for another person. The
provisions of sections 326B.091 and, 326B.094 to,
326B.095, and 326B.097 apply to this section 326B.701. A person with an expired registration
shall not provide construction services for another person if registration is
required under this section. Registration
application and expiration time frames are as follows:
(1) all registrations issued on or
before June 30, 2015, expire on June 30, 2015;
(2) all registrations issued after June
30, 2015, expire on the following June 30 of each odd-numbered year; and
(3) a person may submit a registration
or renewal application starting April 1 of the year the registration expires. If a renewal application is submitted later
than May 1 of the expiration year, registration may expire before the department
has issued or denied the registration.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Minnesota Statutes 2012, section 181.723, subdivision 7, is amended to read:
Subd. 7. Prohibited activities related to independent contractor status. (a) The prohibited activities in this subdivision are in addition to those prohibited in sections 326B.081 to 326B.085.
(b) An individual shall not hold himself or herself out as an independent contractor unless the individual meets the requirements of subdivision 4.
(c) A person who provides construction services in the course of the person's trade, business, occupation, or profession shall not:
(1) require an individual through coercion, misrepresentation, or fraudulent means to adopt independent contractor status or form a business entity;
(2) knowingly misrepresent or misclassify an
individual as an independent contractor;.
Subd. 7a. Prohibited
activities related to registration. (a)
The prohibited activities in this subdivision are in addition to those
prohibited in sections 326B.081 to 326B.085.
(b) A person who provides construction
services in the course of the person's trade, business, occupation, or
profession shall not:
(3) (1) contract with or
perform construction services for another person without first being registered
if required by subdivision 4a section 326B.701;
(4) (2) contract with or pay
another person to perform construction services if the other person is not
registered if required by subdivision 4a.
All payments to an unregistered person for construction services on a
single project site shall be considered a single violation. It is not a violation of this clause:
(i) for a person to contract with or pay an unregistered person if the unregistered person was registered at the time the contract for construction services was entered into; or
(ii) for a homeowner or business to contract with or pay an unregistered person if the homeowner or business is not in the trade, business, profession, or occupation of performing building construction or improvement services; or
(5) (3) be penalized for violations of this subdivision that are committed by another person. This clause applies only to violations of this paragraph.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2012, section 181.723, subdivision 8a, is amended to read:
Subd. 8a. Enforcement; remedies; and penalties. (a) Notwithstanding the maximum penalty amount in section 326B.082, subdivisions 7 and 12, the maximum penalty for failure to register is $2,000, but the commissioner shall forgive the penalty if the person registers within 30 days of the date of the penalty order.
(b) The penalty for contracting with or
paying an unregistered person to perform construction services in violation of
subdivision 7a, paragraph (b), clause (2), shall be as provided in section
326B.082, subdivisions 7 and 12, but the commissioner shall forgive the penalty
for the first violation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2012, section 326B.106, subdivision 2, is amended to read:
Subd. 2. Public buildings and state-licensed facilities; administration by commissioner. Unless the commissioner has entered into an agreement under subdivision 2a or 2b, the commissioner shall administer and enforce the State Building Code as a municipality with respect to public buildings and state-licensed facilities in the state. The commissioner shall establish appropriate permit, plan review, inspection fees, and surcharges for public buildings and state-licensed facilities.
Municipalities other than the state
having an agreement with the commissioner for code administration and
enforcement service for public buildings and state licensed facilities shall
charge their customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public
building or a state licensed facility. The
commissioner shall sign an agreement with a municipality other than the state
for plan review, code administration, and code enforcement service for public
buildings and state licensed facilities in the jurisdiction if the building
officials of the municipality meet the requirements of section 326B.133 and
wish to provide those services and if the commissioner determines that the
municipality has enough adequately trained and qualified building inspectors to
provide those services for the construction project.
The commissioner may direct the state
building official to assist a community that has been affected by a natural
disaster with building evaluation and other activities related to building
codes.
Administration and enforcement in a
municipality under this section must apply any optional provisions of the State
Building Code adopted by the municipality.
A municipality adopting any optional code provision shall notify the
state building official within 30 days of its adoption.
The commissioner shall administer and
enforce the provisions of the code relating to elevators statewide, except as
provided for under section 326B.184, subdivision 4.
Sec. 19. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2a. Public
buildings and state-licensed facilities; municipal agreement for all building
projects. (a) The
commissioner shall enter into an agreement with a municipality other than the
state for plan review, inspection, code administration, and code enforcement on
public buildings and state-licensed facilities in the jurisdiction if the
municipality requests to provide those services and the commissioner determines
that the municipality has enough adequately trained and qualified inspectors to
provide those services. In determining
whether a municipality has
enough
adequately trained and qualified inspectors to provide the service, the
commissioner must consider all inspectors who are employed by the municipality,
are under contract with the municipality to provide inspection services, or are
obligated to provide inspection services to the municipality under any other
lawful agreement.
(b) The criteria used to make this
determination shall be provided in writing to the municipality requesting an
agreement.
(c) If the commissioner determines that
the municipality lacks enough adequately trained and qualified inspectors to
provide the required services, a written explanation of the deficiencies shall
be provided to the municipality.
(d) The municipality shall be given an
opportunity to remedy any deficiencies and request reconsideration of the
commissioner's determination. A request
for reconsideration must be in writing and accompanied by substantiating
documentation. A request for
reconsideration must be received by the commissioner within 90 days of the
determination explanation. The
commissioner shall review the information and issue a final determination to
the municipality within 30 days of the request.
(e) A municipality aggrieved by a final
decision of the commissioner to not enter into an agreement may appeal to be
heard as a contested case in accordance with chapter 14.
Sec. 20. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2b. Public
buildings and state-licensed facilities; municipal agreement for certain
building projects. The
commissioner shall enter into an agreement with a municipality other than the
state for inspection, code administration, and code enforcement of reserved
projects occurring on public buildings and state-licensed facilities in its
jurisdiction if the municipality has a designated building official as required
by section 326B.133 and requests to provide those services.
For purposes of this subdivision,
"reserved projects" includes the following:
(1) roof covering replacement that does
not add roof load;
(2) towers requiring special inspection;
(3) single-level storage buildings not
exceeding 5,000 square feet;
(4) exterior maintenance work, including
replacement of siding, windows, and doors;
(5) HVAC unit replacement that does not
add roof load or ventilation capacity;
(6) accessibility upgrades not involving
building additions or structural alterations;
(7) remodeling that does not change the
building's occupancy, structural system, exit access or discharge pattern, or
mechanical load; and
(8) other projects determined to be
reserved by the commissioner.
Sec. 21. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2c. Municipal fees. Municipalities other than the state
having an agreement under subdivision 2a with the commissioner for code
administration and enforcement service for public buildings and state-licensed
facilities or inspecting under authority of subdivision 2b shall charge their
customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public
building or a state-licensed facility.
Sec. 22. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2d. Public
buildings and state-licensed facilities; municipal obligation. An agreement with the commissioner
under subdivision 2a or 2b must require the municipality to attend to
applicable aspects of code administration and enforcement as described in the
agreement and established by rule.
Sec. 23. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2e. Public
buildings and state-licensed facilities; applicable code. Administration and enforcement in a
municipality under subdivisions 2a and 2b must apply any optional provisions of
the State Building Code adopted by the municipality. A municipality adopting any optional code
provision shall notify the state building official within 30 days of its
adoption.
Sec. 24. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2f. Natural
disasters. The commissioner
may direct the state building official to assist a community that has been affected
by a natural disaster with building evaluation and other activities related to
building codes.
Sec. 25. Minnesota Statutes 2012, section 326B.106, is amended by adding a subdivision to read:
Subd. 2g. Elevators. The commissioner shall administer and
enforce the provisions of the code relating to elevators statewide, except as
provided for under section 326B.184, subdivision 4.
Sec. 26. [326B.701]
CONSTRUCTION CONTRACTOR REGISTRATION.
The following definition applies to
this section: "business
entity" means a person other than an individual or a sole proprietor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota Statutes 2012, section 326B.988, is amended to read:
326B.988
EXCEPTIONS.
(a) The provisions of sections 326B.93 to 326B.998 shall not apply to:
(1) boilers and pressure vessels in buildings occupied solely for residence purposes with accommodations for not more than five families;
(2) railroad locomotives operated by railroad companies for transportation purposes;
(3) air tanks installed on the right-of-way of railroads and used directly in the operation of trains;
(4) boilers and pressure vessels under the direct jurisdiction of the United States;
(5) unfired pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
(6) pressure vessels used for storage of compressed air not exceeding five cubic feet in volume and equipped with an ASME code stamped safety valve set at a maximum of 100 psig;
(7) pressure vessels having an inside diameter not exceeding six inches;
(8) every vessel that contains water under pressure, including those containing air that serves only as a cushion, whose design pressure does not exceed 300 psig and whose design temperature does not exceed 210 degrees Fahrenheit;
(9) boiler or pressure vessels located on farms used solely for agricultural or horticultural purposes; for purposes of this section, boilers used for mint oil extraction are considered used for agricultural or horticultural purposes, provided that the owner or lessee complies with the inspection requirements contained in section 326B.958;
(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
(11) unfired pressure vessels in petroleum refineries;
(12) an air tank or pressure vessel which is an integral part of a passenger motor bus, truck, or trailer;
(13) hot water heating and other hot liquid boilers not exceeding a heat input of 750,000 BTU per hour;
(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 120 gallons, or a pressure of 160 psig;
(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
(16) pressure vessels operated full of water or other liquid not materially more hazardous than water, if the vessel's contents' temperature does not exceed 210 degrees Fahrenheit or a pressure of 200 psig;
(17) steam-powered turbines at papermaking facilities which are powered by steam generated by steam facilities at a remote location;
(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, or antique motor vehicles constructed or maintained only as a hobby for exhibition, educational or historical purposes and not for commercial use, if the boilers have an inside diameter of 12 inches or less, or a grate area of two square feet or less, and are equipped with an ASME stamped safety valve of adequate size, a water level indicator, and a pressure gauge;
(19) any pressure vessel used as an integral part of an electrical circuit breaker;
(20) pressure vessels used for the storage of refrigerant if they are built to ASME code specifications, registered with the national board, and equipped with an ASME code-stamped pressure-relieving device set no higher than the maximum allowable working pressure of the vessel. This does not include pressure vessels used in ammonia refrigeration systems;
(21) pressure vessels used for the storage of oxygen, nitrogen, helium, carbon dioxide, argon, nitrous oxide, or other medical gas, provided the vessel is constructed to ASME or Minnesota Department of Transportation specifications and equipped with an ASME code-stamped pressure-relieving device. The owner of the vessels shall perform annual visual inspections and planned maintenance on these vessels to ensure vessel integrity;
(22) pressure vessels used for the storage of compressed air for self-contained breathing apparatuses;
(23) hot water heating or other hot liquid boilers vented directly to the atmosphere; and
(24) pressure vessels used for the storage of compressed air not exceeding 1.5 cubic feet (11.22 gallons) in volume with a maximum allowable working pressure of 600 psi or less.
(b) An engineer's license is not required for hot water supply boilers.
(c) An engineer's license and annual inspection by the department is not required for boilers, steam cookers, steam kettles, steam sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 kilowatt, and a pressure of 15 psig.
(d) Electric boilers not exceeding a maximum working pressure of 50 psig, maximum of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and shall not require an engineer license to operate.
(e) Sawmills, located in a county with
a population of less than 8,000 according to the last federal census and that
utilize steam for the drying of lumber, are not required to meet the high
pressure boiler attendance requirements set forth in Minnesota Rules, part
5225.1180, only if all of the following conditions are met:
(1) the owner complies with the inspection requirements under section 326B.958, and the licensing requirements under section 326B.972; and
(2) the boiler:
(i) is equipped with electronic control
systems that are remotely operated but which require on site manual reset of
system faults;
(ii) is remotely monitored for log
water levels, boiler pressure, and steam flow;
(iii) has automatic safety mechanisms
built into the remote monitoring systems that send an alarm upon detection of a
fault condition, and an on site alarm that will sound upon detection of a fault
condition and which may be heard at a distance of 500 feet;
(iv) has a water treatment program that
is supervised by a third party water treatment company; and
(v) is attended on site by a licensed
boiler operator at least two times in a 24-hour period. If the boiler is not attended more than twice
in a 24-hour period, the period between checks must not be less than eight
hours.
This paragraph expires August 1, 2016.
Sec. 28. PLUMBING
AT RESORTS; WORKGROUP.
The Department of Labor and Industry,
in consultation with the Department of Health, must convene a workgroup to
provide recommendations to the legislature on the requirements for plumbing at
resorts classified as either class 1c or class 4c property under Minnesota
Statutes, section 273.13, and licensed by the Department of Health under
Minnesota Statutes, section 157.16. The
Department must report its recommendations to the legislature not later than
January 1, 2015.
Sec. 29. HIGH
PRESSURE BOILER RULES AND RECOMMENDATIONS; APPROPRIATION.
$100,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of labor and industry to
update and modernize rules related to high pressure boilers. The commissioner must make recommendations by
October 1, 2015, to the committees of the house of representatives and senate
with jurisdiction over construction codes and licensing on changes related to
boilers that operate at levels of 15 PSI or higher. This is a onetime appropriation.
Sec. 30. REVISOR'S
INSTRUCTION.
The revisor of statutes shall replace
the phrase "Division of Voluntary Apprenticeship" with the word
"division" in Minnesota Rules, chapter 5200.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 31. REVISOR'S
INSTRUCTION.
The revisor of statutes shall renumber
the citations in column A with the citations in column B. The revisor shall correct any
cross-references required because of the renumbering and may make necessary
grammatical and technical changes, including changes to sentence structure, to
preserve the meaning of the text.
|
Column A |
Column B |
|
|
|
|
326B.701 |
326B.701, subd. 1, paragraphs
(a) and (b) |
|
181.723, subd. 1, paragraph (g)
|
326B.701, subd. 1, paragraph
(c) |
|
181.723, subd. 4a |
326B.701, subd. 2 |
|
181.723, subd. 5 |
326B.701, subd. 3 |
|
181.723, subd. 5a |
326B.701, subd. 4 |
|
181.723, subd. 7a |
326B.701, subd. 5 |
|
181.723, subd. 8a |
326B.701, subd. 6 |
|
181.723, subd. 10a |
326B.701, subd. 7 |
|
181.723, subd. 16 |
326B.701, subd. 8 |
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. REPEALER.
(a) Minnesota Statutes 2012, sections
178.03, subdivision 2; 178.05; 178.06; and 178.08, are repealed.
(b) Minnesota Rules, parts 5200.0300;
5200.0310; 5200.0320, subparts 1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, and 15;
5200.0340; 5200.0360; and 5200.0390, are repealed.
EFFECTIVE DATE. This section is effective January 1, 2015."
Delete the title and insert:
"A bill for an act relating to labor and industry; extending an independent contractor pilot program; making federal conformity changes to the apprenticeship program; modifying municipal building code enforcement; providing an exception to high pressure boiler requirements; requiring a workgroup to study plumbing at certain resorts; appropriating money for a high pressure boiler study; amending Minnesota Statutes 2012, sections 178.02; 178.03; 178.041, subdivision 2; 178.07; 178.09; 178.10; 181.723, subdivisions 4, 4a, 5, 7, 8a; 326B.106, subdivision 2, by adding subdivisions; 326B.988; proposing coding for new law in Minnesota Statutes, chapters 178; 326B; repealing Minnesota Statutes 2012, sections 178.03, subdivision 2; 178.05; 178.06; 178.08; Minnesota Rules, parts 5200.0300; 5200.0310; 5200.0320, subparts 1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15; 5200.0340; 5200.0360; 5200.0390."
We request the adoption of this report and repassage of the bill.
Senate Conferees: Matt Schmit and Dan Sparks.
House Conferees: Tim Mahoney, John Ward and Bob Gunther.
Mahoney moved that the report of the
Conference Committee on S. F. No. 2065 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 2065, A bill for an act relating to labor and industry; extending an independent contractor registration pilot project; exempting certain sawmills from high pressure boiler attendance requirements; amending Minnesota Statutes 2012, sections 181.723, subdivisions 4, 4a, 5, 7; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 82 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, P.
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Fritz
Gunther
Hamilton
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Freiberg
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kresha
Laine
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Scott
Theis
Torkelson
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 9.
A Senate concurrent resolution relating to the delivery of bills to the Governor after final adjournment.
JoAnne M. Zoff, Secretary of the Senate
SUSPENSION OF RULES
Murphy, E., moved that the rules be so far
suspended that Senate Concurrent Resolution No. 9 be now considered and placed
upon its adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 9
A Senate concurrent resolution relating to the delivery of bills to the Governor after final adjournment.
Whereas, the Minnesota Constitution, Article IV, Section 23, authorizes the presentation to the Governor after sine die adjournment of bills that passed in the last three days of the Session; Now, Therefore,
Be It Resolved, by the Senate of the State of Minnesota, the House of Representatives concurring, that upon adjournment sine die of the 88th regular session of the Legislature, bills must be presented to the Governor as follows:
(a) The Speaker of the House of Representatives, the Chief Clerk of the House of Representatives, the President of the Senate, and the Secretary of the Senate shall certify and sign each bill in the same manner and upon the same certification as each bill is signed for presentation to the Governor before adjournment sine die, and each of those officers shall continue in their designated capacity during the three days following the date of final adjournment.
(b) The Chief Clerk of the House of Representatives and the Secretary of the Senate, in accordance with the rules of the respective bodies and under the supervision and direction of the standing Committee on Rules and Legislative Administration and the standing Committee on Rules and Administration, shall carefully enroll each bill and present it to the Governor in the same manner as each bill is enrolled and presented to the Governor before adjournment of the Legislature sine die.
(c) The Revisor of Statutes shall continue to assist in all of the functions relating to enrollment of bills of the House of Representatives and of the Senate under the supervision of the Chief Clerk of the House of Representatives and the Secretary of the Senate in the same manner that the assistance was rendered before adjournment of the Legislature sine die.
Be It Further Resolved that the Secretary of the Senate is directed to deliver copies of this resolution to the Governor and the Secretary of State.
Murphy, E., moved that Senate Concurrent
Resolution No. 9 be now adopted. The
motion prevailed and Senate Concurrent Resolution No. 9 was adopted.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Friday, May 16,
2014:
S. F. No. 2343; and
H. F. Nos. 3302 and 2447.
CALENDAR
FOR THE DAY
S. F. No. 1360, A bill for
an act relating to crime; extending the felony of fraudulent or other improper
financing statements to include retaliation against a police officer, chief of
police, or official or employee of the Department of Corrections or local
correctional agency for performing official duties; amending Minnesota Statutes
2012, section 609.7475, subdivision 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
S. F. No. 2343, A bill for
an act relating to state government; modifying investment reporting; amending
Minnesota Statutes 2012, section 471.6175, subdivision 4.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative
were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
Winkler was excused between the hours of
3:05 p.m. and 6:15 p.m.
H. F. No. 2447, A bill for
an act relating to veterans; requiring employers to provide veterans time off
for Veterans Day; proposing coding for new law in Minnesota Statutes, chapter
197.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 111 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Green
Halverson
Hansen
Hausman
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Anderson, M.
Beard
Dettmer
Drazkowski
FitzSimmons
Gruenhagen
Gunther
Hackbarth
Hertaus
Kieffer
Leidiger
McDonald
Peppin
Pugh
Quam
Runbeck
Woodard
The
bill was passed and its title agreed to.
REPORTS
FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that during the time
between adjournment in 2014 and the convening of the House of Representatives
in 2015, the Chief Clerk and Chief Sergeant at Arms under the direction of the
Speaker shall maintain House facilities in the Capitol Complex. The House chamber, retiring room, hearing and
conference rooms, and offices shall be set up and made ready for legislative
use and reserved for the House and its committees. Those rooms may be reserved for use by others
that are not in conflict with use by the House.
The House Chamber, retiring room, and hearing rooms may be used by YMCA
Youth in Government, Girls' State, Young Leaders Organization, and 4-H Leadership
Conference.
The motion prevailed
and the resolution was adopted.
Murphy, E., for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that it retains the
use of the Speaker's parking place in front of the capitol building just east
of the porte-cochère and parking lots B, C, D, N, O, the state office building
parking ramp, the upper Capitol Mall parking lot, and the lower Capitol Mall
parking lot for members and employees of the House of Representatives during
the time between adjournment in 2014 and the convening of the House of
Representatives in 2015. The Sergeant at
Arms is directed to manage the use of the lots and ramp while the House of
Representatives is adjourned. The
Controller of the House may continue to deduct from the check of any legislator
or legislative employee a sum adequate to cover the exercise of the parking
privilege.
The motion
prevailed and the resolution was adopted.
Murphy, E., for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved, by the House of
Representatives of the State of Minnesota, that the Chief Clerk is directed to
correct and approve the Journal of the House for the last day of the 2014
Regular Session.
Be It Further Resolved that the
Chief Clerk is authorized to include in the Journal for the last day of the
2014 Regular Session any proceedings, including subsequent proceedings and any
legislative interim committees or commissions created or appointments made to
them by legislative action or by law.
The motion
prevailed and the resolution was adopted.
Runbeck was excused for the remainder of
today's session.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 3167
A bill for an act relating to financing of state and local government; making changes to individual income, property, sales and use, excise, estate, mineral, tobacco, alcohol, special, local, and other taxes and tax-related provisions; providing for and increasing credits; modifying local government aids; modifying exclusions, exemptions, and levy deadlines; imposing a tax on solar energy production; modifying sales, use, and excise tax exemptions; changing sales, use, and excise tax remittances; modifying certain local sales and use taxes; allowing for temporary sales and use tax amnesty; modifying income tax credits and subtractions; clarifying estate tax provisions; providing for certain local development projects; changing license revocation procedures; modifying installment payments; modifying certain county levy authority; allocating additional tax reductions for border cities; removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; making various policy and technical changes; requiring a report; appropriating money; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2; 84A.31, subdivision 2; 115B.49, subdivision 4; 116J.8737, by adding a subdivision; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270.87; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.34, subdivision 2; 270C.52, subdivision 2; 270C.56, subdivision 3; 270C.72, subdivisions 1, 3; 272.01, subdivisions 1, 3; 272.02, subdivisions 10, 24; 272.0211, subdivisions 1, 2; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivisions 4a, 6; 272.03, subdivision 1; 273.01; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.13, subdivision 34; 273.1384, subdivision 2; 273.18; 273.33, subdivision 2; 273.37, subdivision 2; 273.3711; 274.01, subdivisions 1, 2; 274.014, subdivision 3; 275.025, subdivision 2; 275.065, subdivision 1; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 279.03; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.02, subdivision 7, as amended; 289A.18, subdivision 2; 289A.25, subdivision 1; 289A.60, subdivision 15; 290.01, subdivisions 5, 19f, 29; 290.015, subdivision 1; 290.068, subdivision 1; 290.07, subdivisions 1, 2; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 296A.01, subdivision 16; 297A.67, subdivision 13a, by adding a subdivision; 297A.68, by adding a subdivision; 297A.70, subdivision 10; 297A.71, by adding a subdivision; 297A.94; 297B.03; 297B.09; 297F.03, subdivision 2; 297F.09, subdivision 10; 297G.03, by adding a subdivision; 297G.09, subdivision 9; 297I.05, subdivision 14; 298.75, subdivisions 1, 2; 383D.41, by adding a subdivision; 383E.21, subdivisions 1, 2; 412.131; 469.171, subdivision 6; 469.176, subdivisions 1b, 3; 469.1763, subdivision 3; 469.177, subdivision 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 477A.03, by adding a subdivision; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 116J.8737, subdivision 2, as amended; 116J.8738, subdivisions 2, 3, 4; 270B.01, subdivision 8; 270B.03, subdivision 1; 273.032; 273.1325, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 289A.20, subdivision 4; 290.01, subdivisions 19, as amended, 19b, as amended, 19d, 31, as amended; 290.068, subdivisions 3, 6a; 290.091, subdivision 2, as amended; 290.0921, subdivision 3; 290.191, subdivision 5; 290A.03, subdivision 15, as amended;
290C.03; 291.005, subdivision 1, as amended; 297A.61, subdivision 3, as amended; 297A.68, subdivisions 42, 44; 297A.70, subdivisions 2, 13, 14; 297A.75, subdivisions 1, 2, 3; 297B.01, subdivision 16; 360.531, subdivision 2; 403.162, subdivision 5; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 465.04; 469.169, by adding a subdivision; 469.1763, subdivision 2; 477A.013, subdivision 8; 477A.03, subdivision 2a; 477A.12, subdivision 1; 477A.14, subdivision 1; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4; Laws 2006, chapter 259, article 3, sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5; Laws 2008, chapter 366, article 10, section 15; Laws 2013, chapter 143, article 8, sections 3; 37; article 9, section 23; article 11, section 10; Laws 2014, chapter 150, article 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 69; 116J; 168A; 272; 290; 383A; 477A; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.131; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.1398, subdivision 4b; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.191, subdivision 4; 290.33; 290C.02, subdivisions 5, 9; 290C.06; 295.52, subdivision 7; 297A.666; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18, 20, 32, 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, sections 273.1103; 469.340, subdivision 4; 477A.085; Laws 1993, chapter 375, article 9, section 47; Laws 2014, chapter 150, article 1, section 17; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5.
May 12, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 3167 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 3167 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
PROPERTY TAX AIDS AND CREDITS
Section 1.
[69.022] VOLUNTEER RETENTION
STIPEND AID PILOT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b) "Commissioner," unless
otherwise specified, means the commissioner of public safety.
(c) "Emergency medical services
provider" means a licensee as defined under section 144E.001, subdivision
8.
(d) "Independent nonprofit
firefighting corporation" has the same meaning as used in chapter 424A.
(e)
"Municipality" has the meaning given in section 69.011, but only if
the municipality uses one or more qualified volunteers to provide service.
(f) "Qualified entity" means
an emergency medical services provider, independent nonprofit firefighting
corporation, or municipality.
(g) "Qualified volunteer"
means one of the following types of volunteers who has provided service, for
the entire prior calendar year, to one or more qualified entities:
(1) a volunteer firefighter as defined
in section 299N.03, subdivision 7;
(2) a volunteer ambulance attendant as
defined in section 144E.001, subdivision 15; or
(3) an emergency medical responder as
defined in section 144E.001, subdivision 6, who provides emergency medical
services as a volunteer.
(h) "Pilot area" means the
following groups of counties:
(1) southern Minnesota, consisting of the
counties of Faribault, Fillmore, Freeborn, Houston, and Watonwan;
(2) west central Minnesota, consisting
of the counties of Chippewa, Kandiyohi, Redwood, and Renville;
(3) central Minnesota, consisting of
the counties of Morrison and Todd; and
(4) north central Minnesota, consisting
of the counties of Beltrami, Clearwater, and Mahnomen.
Subd. 2. Certification. By June 1 of the calendar year
following the year in which the qualified volunteer provided service, the
commissioner shall certify to the commissioner of revenue each qualified
volunteer's name and the qualified entity for which the qualified volunteer
provided service, but the commissioner must remove duplicate listings of
qualified volunteers who provided service to more than one qualified entity so
that each qualified volunteer is listed only once. The commissioner shall also certify to the
commissioner of revenue the total amount of aid to be paid to each qualified
entity under subdivision 3. For
qualified entities that are not municipalities, the commissioner must indicate
the municipality to which the aid is to be paid, as designated by the qualified
entity.
Subd. 3. Aid
payment and calculation. The
commissioner of revenue shall pay aid to qualified entities located in the
pilot area to provide funds for the qualified entities to pay annual volunteer
retention stipends to qualified volunteers who provide services to the
qualified entities. A qualified entity
is located in the pilot area if it is a municipality located in whole or in
part in the pilot area, or if it is an emergency medical services provider or
independent nonprofit firefighting corporation with its main office located in
the pilot area. The amount of the aid
equals $500 multiplied by the number of qualified volunteers. For purposes of calculating this aid, each
individual providing volunteer service, regardless of the different types of
service provided, is one qualified volunteer.
The commissioner of revenue shall pay the aid to qualified entities by
July 15 of the calendar year following the year in which the qualified
volunteer provided service. If a
qualified entity is not a municipality, the commissioner shall pay the aid to
the treasurer of the municipality designated by the qualified entity. The treasurer of the municipality shall,
within 30 days of receipt of the aid, transmit the aid to the qualified entity.
Subd. 4. Application. Each year each qualified entity in the
pilot area may apply to the commissioner for aid under this section. The application must be made at the time and
in the form prescribed by the commissioner and must provide sufficient
information to permit the commissioner to determine the applicant's entitlement
to aid under this section.
Subd. 5. Payment
of stipends. A qualified
entity receiving state aid under this section must pay the aid as retention
stipends of $500 to qualified volunteers no later than September 15 of the year
in which the aid was received.
Subd. 6. Report. No later than January 15, 2018, the
commissioner must report to the chairs and ranking minority members of the
legislative committees having jurisdiction over public safety and taxes in the
senate and the house of representatives, in compliance with sections 3.195 and
3.197, on aid paid under this section. The
report must include:
(1) for each county in the pilot area,
a listing of the qualified entities that received aid in each of the three
years of the pilot;
(2) the amount of aid paid to each
qualified entity that received aid in each of the three years of the pilot; and
(3) for each qualified entity that
received aid, the number of qualified volunteers who were paid stipends in each
of the three years of the pilot, and the number of qualified volunteers in the
year preceding the pilot.
The report must also provide
information on the number of qualified volunteers providing service to
qualified entities in comparison counties in each of the three years of the
pilot and in the year preceding the pilot, and must summarize changes in the
number of qualified volunteers during the year preceding the pilot and during
the three years of the pilot both within the pilot area and in the comparison
counties. For purposes of this
subdivision, "comparison counties" means counties designated by the
commissioner to include at least half of the counties that border each group of
counties in the pilot area, as specified in subdivision 1. Qualified entities in comparison counties
must provide information to the commissioner necessary to the report in this
subdivision in the form and manner required by the commissioner.
Subd. 7. Appropriation. An amount sufficient to pay the state aid under this section is appropriated from the general fund to the commissioner of revenue.
Subd. 8. Sunset. This section expires for aid payable
after calendar year 2017, except that the reporting requirement in subdivision
6 remains in effect through 2018.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies for volunteer service
provided beginning in calendar years 2014, 2015, and 2016, and for aid payable
in calendar years 2015, 2016, and 2017.
Sec. 2. Minnesota Statutes 2012, section 273.1384, subdivision 2, is amended to read:
Subd. 2. Agricultural
homestead market value credit. Property
classified as agricultural homestead under section 273.13, subdivision 23,
paragraph (a), is eligible for an agricultural credit. The credit is computed using the property's
agricultural credit market value, defined for this purpose as the property's
market value excluding the market value of the house, garage, and immediately
surrounding one acre of land. The credit
is equal to 0.3 percent of the first $115,000 of the property's agricultural
credit market value minus .05 plus 0.1 percent of the property's
agricultural credit market value in excess of $115,000, subject to a maximum reduction
credit of $115 $490.
In the case of property that is classified as part homestead and part
nonhomestead solely because not all the owners occupy or farm the property, not
all the owners have qualifying relatives occupying or farming the property, or
solely because not all the spouses of owners occupy the property, the credit
must be initially computed as if that nonhomestead agricultural land was also
classified as agricultural homestead and then prorated to the owner-occupant's
percentage of ownership.
EFFECTIVE
DATE. This section is
effective beginning with taxes payable in 2015.
Sec. 3. Minnesota Statutes 2013 Supplement, section 273.1398, subdivision 4, is amended to read:
Subd. 4. Disparity
reduction credit. (a) Beginning
with taxes payable in 1989, Class 4a and class 3a property qualifies for a
disparity reduction credit if: (1)
the property is located in a border city that has is eligible to have
an enterprise zone, as defined in section 469.166; (2) the property is
located in a city with a population greater than 2,500 and less than 35,000
according to the 1980 decennial census; (3) the city is adjacent to a city in
another state or immediately adjacent to a city adjacent to a city in another
state; and (4) the adjacent city in the other state has a population of greater
than 5,000 and less than 75,000 according to the 1980 decennial census.
(b) The credit is an amount sufficient to
reduce (i) the taxes levied on class 4a property to 1.9 1.6
percent of the property's taxable market value and (ii) the tax on class 3a
property to 1.9 1.6 percent of taxable market value.
(c) The county auditor shall annually certify the costs of the credits to the Department of Revenue. The department shall reimburse local governments for the property taxes forgone as the result of the credits in proportion to their total levies.
EFFECTIVE
DATE. This section is
effective beginning with taxes payable in 2015.
Sec. 4. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 2, is amended to read:
Subd. 2. Allocation. (a) Of the total amount appropriated as supplemental state aid:
(1) 58.065 58.064 percent must
be paid to the executive director of the Public Employees Retirement
Association for deposit in the public employees police and fire retirement fund
established by section 353.65, subdivision 1;
(2) 35.484 percent must be paid to municipalities other than municipalities solely employing firefighters with retirement coverage provided by the public employees police and fire retirement plan which qualified to receive fire state aid in that calendar year, allocated in proportion to the most recent amount of fire state aid paid under section 69.021, subdivision 7, for the municipality bears to the most recent total fire state aid for all municipalities other than the municipalities solely employing firefighters with retirement coverage provided by the public employees police and fire retirement plan paid under section 69.021, subdivision 7, with the allocated amount for fire departments participating in the voluntary statewide lump-sum volunteer firefighter retirement plan paid to the executive director of the Public Employees Retirement Association for deposit in the fund established by section 353G.02, subdivision 3, and credited to the respective account and with the balance paid to the treasurer of each municipality for transmittal within 30 days of receipt to the treasurer of the applicable volunteer firefighter relief association for deposit in its special fund; and
(3) 6.452 percent must be paid to the executive director of the Minnesota State Retirement System for deposit in the state patrol retirement fund.
(b) For purposes of this section, the
term "municipalities" includes independent nonprofit firefighting
corporations that participate in the voluntary statewide lump-sum volunteer
firefighter retirement plan under chapter 353G or with subsidiary volunteer
firefighter relief associations operating under chapter 424A.
Sec. 5. Minnesota Statutes 2013 Supplement, section 477A.013, subdivision 8, is amended to read:
Subd. 8. City formula aid. (a) For aids payable in 2014 only, the formula aid for a city is equal to the sum of (1) its 2013 certified aid, and (2) the product of (i) the difference between its unmet need and its 2013 certified aid, and (ii) the aid gap percentage.
(b)
For aids payable in 2015 and thereafter, the formula aid for a city is equal to
the sum of (1) its formula aid in the previous year and (2) the product of (i)
the difference between its unmet need and its certified formula
aid in the previous year under subdivision 9, and (ii) the aid gap
percentage.
(c) For aids payable in 2015 and
thereafter, if a city's certified aid from the previous year is greater than
the sum of its unmet need plus its aid adjustment under subdivision 13, its
formula aid is adjusted to equal its unmet need.
(d) No city may have a formula aid amount less than zero. The aid gap percentage must be the same for all cities subject to paragraph (b).
(e) The applicable aid gap percentage must be calculated by the Department of Revenue so that the total of the aid under subdivision 9 equals the total amount available for aid under section 477A.03. Data used in calculating aids to cities under sections 477A.011 to 477A.013 shall be the most recently available data as of January 1 in the year in which the aid is calculated.
EFFECTIVE
DATE. This section is
effective for aids payable in calendar year 2015 and thereafter.
Sec. 6. Minnesota Statutes 2013 Supplement, section 477A.03, subdivision 2a, is amended to read:
Subd. 2a. Cities. For aids payable in 2014, the total aid
paid under section 477A.013, subdivision 9, is $507,598,012. The total aid paid under section 477A.013,
subdivision 9, is $509,098,012 $516,898,012 for aids payable in
2015. For aids payable in 2016 and
thereafter, the total aid paid under section 477A.013, subdivision 9, is $511,598,012
$519,398,012.
EFFECTIVE
DATE. This section is
effective for aids payable in calendar year 2015 and thereafter.
Sec. 7. Minnesota Statutes 2013 Supplement, section 477A.12, subdivision 1, is amended to read:
Subdivision 1. Types of land; payments. The following amounts are annually appropriated to the commissioner of natural resources from the general fund for transfer to the commissioner of revenue. The commissioner of revenue shall pay the transferred funds to counties as required by sections 477A.11 to 477A.14. The amounts, based on the acreage as of July 1 of each year prior to the payment year, are:
(1) $5.133 multiplied by the total number of acres of acquired natural resources land or, at the county's option three-fourths of one percent of the appraised value of all acquired natural resources land in the county, whichever is greater;
(2) $5.133, multiplied by the total number of acres of transportation wetland or, at the county's option, three-fourths of one percent of the appraised value of all transportation wetland in the county, whichever is greater;
(3) $5.133, multiplied by the total number of acres of wildlife management land, or, at the county's option, three-fourths of one percent of the appraised value of all wildlife management land in the county, whichever is greater;
(4) 50 percent of the dollar amount as determined under clause (1), multiplied by the number of acres of military refuge land in the county;
(5) $1.50, multiplied by the number of acres of county-administered other natural resources land in the county;
(6) $5.133, multiplied by the total number of acres of land utilization project land in the county;
(7) $1.50, multiplied by the number of acres of commissioner-administered other natural resources land in the county; and
(8)
without regard to acreage, and notwithstanding the rules adopted under
section 84A.55, $300,000 for local assessments under section 84A.55,
subdivision 9, that shall be divided and distributed to the counties
containing state-owned lands within a conservation area in proportion to each
county's percentage of the total annual ditch assessments.
The commissioner of natural resources shall certify the number of acres and appraised values for wildlife management lands under clause (3) for calendar year 2013 to the commissioner of revenue by June 15, 2014. The commissioner of revenue shall make the payment for any positive difference in the 2013 payment under clause (3) by June 30, 2014.
EFFECTIVE DATE. The amendments to clause (3) are effective
retroactively for payments made in calendar year 2013 and later. The amendments to clause (8) are effective
for assessments payable in calendar year 2014 and later.
Sec. 8. Minnesota Statutes 2013 Supplement, section 477A.12, subdivision 2, is amended to read:
Subd. 2. Procedure. (a) Each county auditor shall certify to the Department of Natural Resources during July of each year prior to the payment year the number of acres of county-administered other natural resources land within the county. The Department of Natural resources may, in addition to the certification of acreage, require descriptive lists of land so certified. The commissioner of natural resources shall determine and certify to the commissioner of revenue by March 1 of the payment year:
(1) the number of acres and most recent appraised value of acquired natural resources land, wildlife management land, and military refuge land within each county;
(2) the number of acres of commissioner-administered natural resources land within each county;
(3) the number of acres of county-administered other natural resources land within each county, based on the reports filed by each county auditor with the commissioner of natural resources; and
(4) the number of acres of land utilization project land within each county.
(b) The commissioner of transportation shall determine and certify to the commissioner of revenue by March 1 of the payment year the number of acres of transportation wetland and the appraised value of the land, but only if it exceeds 500 acres in a county.
(c) Each auditor of a county that
contains state-owned lands within a conservation area shall determine and
certify to the commissioner of natural resources by May 31 of the payment year,
the county's ditch assessments for state-owned lands subject to section 84A.55,
subdivision 9. A joint certification for
two or more counties may be submitted to the commissioner of natural resources
through the Consolidated Conservation Counties Joint Powers Board. The commissioner of natural resources shall
certify the ditch assessments to the commissioner of revenue by June 15 of the
payment year. The commissioner of
natural resources shall certify the ditch assessments under this paragraph for
payment year 2013 by June 15, 2014. The
commissioner of revenue shall make the payment for 2013 by June 30, 2014.
(d) The commissioner of revenue shall determine the distributions provided for in this section using: (1) the number of acres and appraised values certified by the commissioner of natural resources and the commissioner of transportation by March 1 of the payment year; and (2) ditch assessments under paragraph (c), by July 15 of the payment year.
EFFECTIVE
DATE. This section is
effective for assessments payable in calendar year 2014 and later.
Sec. 9. Minnesota Statutes 2013 Supplement, section 477A.14, subdivision 1, is amended to read:
Subdivision 1. General distribution. Except as provided in subdivisions 2 and 3, 40 percent of the total payment to the county shall be deposited in the county general revenue fund to be used to provide property tax levy reduction. The remainder shall be distributed by the county in the following priority:
(a) (1) 64.2 cents, for each
acre of county-administered other natural resources land shall be deposited in
a resource development fund to be created within the county treasury for use in
resource development, forest management, game and fish habitat improvement, and
recreational development and maintenance of county-administered other natural
resources land. Any county receiving
less than $5,000 annually for the resource development fund may elect to
deposit that amount in the county general revenue fund;
(b) from the funds remaining, (2)
within 30 days of receipt of the payment to the county, the county treasurer
shall pay each organized township ten percent of the amount received a
township with land that qualifies for payment under section 477A.12,
subdivision 1, clauses (1), (2), and (5) to (7), ten percent of the payment
the county received for such land within that township. Payments for natural resources lands not
located in an organized township shall be deposited in the county general
revenue fund. Payments to counties and
townships pursuant to this paragraph shall be used to provide property tax levy
reduction, except that of the payments for natural resources lands not located
in an organized township, the county may allocate the amount determined to be
necessary for maintenance of roads in unorganized townships. Provided that, if the total payment to the
county pursuant to section 477A.12 is not sufficient to fully fund the
distribution provided for in this clause, the amount available shall be
distributed to each township and the county general revenue fund on a pro rata
basis; and
(c) (3) any remaining funds shall
be deposited in the county general revenue fund. Provided that, if the distribution to the
county general revenue fund exceeds $35,000, the excess shall be used to
provide property tax levy reduction.
EFFECTIVE
DATE. This section is
effective retroactively for payments made in calendar year 2013 and thereafter.
Sec. 10. [477A.18]
PRODUCTION PROPERTY TRANSITION AID.
Subdivision 1. Definitions. (a) When used in this section, the
following terms have the meanings indicated in this subdivision.
(b) "Local unit" means a home
rule charter or statutory city, or a town.
(c) "Net tax capacity
differential" means the positive difference, if any, by which the local
unit's net tax capacity was reduced from assessment year 2014 to assessment
year 2015 due to the change in the definition of real property in section
272.03, subdivision 1, enacted by article 2, section 9. For purposes of determining the net tax
capacity differential, any property in a job opportunity building zone under
section 469.314 may not be included when calculating a local unit's net tax
capacity.
Subd. 2. Aid
eligibility; payment. (a) If
the net tax capacity differential of the local unit exceeds five percent of its
2015 net tax capacity, the local unit is eligible for transition aid computed
under paragraphs (b) to (f).
(b) For aids payable in 2016,
transition aid under this section for an eligible local unit equals (1) the net
tax capacity differential, times (2) the jurisdiction's tax rate for taxes
payable in 2015.
(c) For aids payable in 2017,
transition aid under this section for an eligible local unit equals 80 percent
of (1) the net tax capacity differential, times (2) the jurisdiction's tax rate
for taxes payable in 2016.
(d)
For aids payable in 2018, transition aid under this section for an eligible
local unit equals 60 percent of (1) the net tax capacity differential, times
(2) the jurisdiction's tax rate for taxes payable in 2017.
(e) For aids payable in 2019, transition
aid under this section for an eligible local unit equals 40 percent of (1) the
net tax capacity differential, times (2) the jurisdiction's tax rate for taxes
payable in 2018.
(f) For aids payable in 2020, transition
aid under this section for an eligible local unit equals 20 percent of (1) the
net tax capacity differential, times (2) the jurisdiction's tax rate for taxes
payable in 2019.
(g) No aids shall be payable under this
section in 2021 and thereafter.
(h) The commissioner of revenue shall
compute the amount of transition aid payable to each local unit under this
section. On or before August 1 of each
year, the commissioner shall certify the amount of transition aid computed for
aids payable in the following year for each recipient local unit. The commissioner shall pay transition aid to
local units annually at the times provided in section 477A.015.
(i) The commissioner of revenue may
require counties to provide any data that the commissioner deems necessary to
administer this section.
Subd. 3. Appropriation. An amount sufficient to pay transition
aid under this section is annually appropriated to the commissioner of revenue
from the general fund.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2015.
Sec. 11. [477A.19]
AQUATIC INVASIVE SPECIES PREVENTION AID.
Subdivision 1. Definitions. (a) When used in this section, the
following terms have the meanings given them in this subdivision.
(b) "Aquatic invasive species"
means nonnative aquatic organisms that invade water beyond their natural and
historic range.
(c) "Watercraft trailer
launch" means any public water access site designed for launching
watercraft.
(d) "Watercraft trailer parking
space" means a parking space designated for a boat trailer at any public
water access site designed for launching watercraft.
Subd. 2. Distribution. The money appropriated to aquatic
invasive species prevention aid under this section shall be allocated to all
counties in the state as follows: 50
percent based on each county's share of watercraft trailer launches and 50 percent
based on each county's share of watercraft trailer parking spaces.
Subd. 3. Use
of proceeds. A county that
receives a distribution under this section must use the proceeds solely to
prevent the introduction or limit the spread of aquatic invasive species at all
access sites within the county. The
county must establish, by resolution or through adoption of a plan, guidelines
for the use of the proceeds. The
guidelines set by the county board may include, but are not limited to,
providing for site-level management, countywide awareness, and other procedures
that the county finds necessary to achieve compliance. The county may appropriate the proceeds
directly, or may use any portion of the proceeds to provide funding for a joint
powers board or cooperative agreement with another political subdivision, a
soil and water conservation district in the county, a watershed district in the
county, or a lake association located in the county. Any money appropriated by the county to a
different entity or political subdivision must be used as required under this
section. Each county must submit a copy of its guidelines for use of
the proceeds to the Department of Natural Resources by December 31 of
the year the payments are received.
Subd. 4. Payments. The commissioner of revenue must
compute the amount of aquatic invasive species prevention aid payable to each
county under this section. On or before
August 1 of each year, the commissioner shall certify the amount to be paid to
each county in the following year. The
commissioner shall pay aquatic invasive species prevention aid to counties
annually at the times provided in section 477A.015. For aid payable in 2014 only, the
commissioner shall certify the amount to be paid to each county by July 1,
2014, and payment to the counties must be made at the time provided in section
477A.015 for the first installment of local government aid.
Subd. 5. Appropriation. $4,500,000 in 2014, and $10,000,000
each year thereafter, is appropriated from the general fund to the commissioner
of revenue to make the payments required under this section.
EFFECTIVE
DATE. This section is
effective beginning with aid payable in 2014.
Sec. 12. ADDITIONAL
SUPPLEMENTAL AID REVISION FOR OMITTED 2013 INDEPENDENT NONPROFIT FIREFIGHTING
CORPORATIONS.
(a) Notwithstanding any provision of
Minnesota Statutes, chapter 423A, to the contrary, this section modifies the
allocation of the police and fire supplemental retirement state aid under
Minnesota Statutes 2013 Supplement, section 423A.022, for October 1, 2014.
(b) Before the allocation of the police
and fire supplemental retirement state aid is made for October 1, 2014, the
commissioner of revenue shall:
(1) determine those fire departments
that qualified for fire state aid under Minnesota Statutes 2012, section
69.021, subdivision 7, on October 1, 2013, did not receive a 2013 allocation of
police and fire supplemental retirement state aid, and were an independent
nonprofit firefighting corporation; and
(2) determine the amount of police and
fire supplemental retirement state aid under Minnesota Statutes 2013
Supplement, section 423A.022, that the fire departments described in clause (1)
would have received on October 1, 2013, if the fire departments had been
included in that allocation.
(c) The total amount determined in
paragraph (b), clause (2), must be deducted from the amount available for
allocation under Minnesota Statutes 2013 Supplement, section 423A.022,
subdivision 2, clause (2), and the commissioner of revenue shall pay to the
fire departments determined in paragraph (b), clause (1), their respective
portion of the total as an additional payment on October 1, 2014.
(d) The remaining amount after the
deduction of the total amount under paragraph (c) must be allocated as provided
in section 4.
Sec. 13. SUPPLEMENTAL
COUNTY PROGRAM AID FOR 2014.
(a) Each county whose certified aid for
2014 under Minnesota Statutes, section 477A.0124, is less than the aid it
received under that section in 2013 shall be eligible for supplemental aid in
2014 equal to the difference between the amount received in 2013 and the amount
certified for 2014.
(b) The aid under this section shall be
paid in the same manner and at the same time as the regular aid payments under
Minnesota Statutes, section 477A.0124.
(c) The amount necessary to pay
supplemental aid under this section is appropriated from the general fund to
the commissioner of revenue.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 14. SUPPLEMENTAL
AGRICULTURAL CREDIT FOR TAXES PAYABLE IN 2014 ONLY.
Subdivision 1. Eligibility. Each agricultural homestead qualifying
for a credit for taxes payable in 2014 under Minnesota Statutes, section
273.1384, is eligible for a supplemental credit equal to the lesser of (i)
$205, or (ii) the net property taxes payable on the property, excluding the
taxes attributable to the house, garage, and surrounding one acre of land. A supplemental credit must not be paid to any
property that has delinquent property taxes.
By August 15, 2014, the county auditor must notify the commissioner of
revenue of the name and address of the property owner of each homestead that
received an agricultural credit for taxes payable in 2014, along with the net
taxes due upon the agricultural homestead, whether there are any delinquent
taxes on the property, and whatever other information the commissioner deems
necessary, in a form prescribed by the commissioner.
Subd. 2. Payment
of supplemental credit. The
commissioner must pay supplemental credit amounts to each qualifying taxpayer
by October 15, 2014.
Subd. 3. Property
tax statements for taxes payable in 2015.
In preparing proposed property tax notices for taxes payable in
2015 under Minnesota Statutes, section 275.065, and final property tax
statements for taxes payable in 2015 under Minnesota Statutes, section 276.04,
the auditor must indicate that the taxpayer may have received a supplemental
credit under this section for taxes payable in 2014.
Subd. 4. Appropriation. The amount necessary to make the
payments required under subdivision 2 is appropriated from the general fund to
the commissioner of revenue for fiscal year 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. 2013
CITY AID PENALTY FORGIVENESS; CITY OF BLUFFTON.
Notwithstanding Minnesota Statutes,
section 477A.017, subdivision 3, the city of Bluffton shall receive the half of
its aid payments for calendar years 2011, 2012, and 2013 under Minnesota
Statutes, section 477A.013, that were withheld under Minnesota Statutes,
section 477A.017, subdivision 3, provided that the state auditor certifies to
the commissioner of revenue that it received audited financial statements from
the city for calendar years 2010, 2011, and 2012 by December 31, 2013, and for
calendar year 2013 by June 30, 2014. The
commissioner of revenue shall make a payment of $20,000 with the first payment
of aids under Minnesota Statutes, section 477A.015, in calendar year 2014. The commissioner shall pay the remaining
amount, totaling $28,151.50, with the first payment of aids under Minnesota
Statutes, section 477A.015, in calendar year 2015. $20,000 in fiscal year 2015 and $28,151.50 in
fiscal year 2016 are appropriated from the general fund to the commissioner of
revenue to make payments under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. HOMESTEAD
CREDIT REFUND AND RENTER PROPERTY TAX REFUND INCREASE.
Subdivision 1. Homestead
credit refund increase. For claims
filed based on taxes payable in 2014, the commissioner shall increase by three
percent the refund otherwise payable under Minnesota Statutes, section 290A.04,
subdivision 2.
Subd. 2. Renter property tax refund increase. For claims filed based on rent paid in
2013, the commissioner shall increase by six percent the refund otherwise
payable under Minnesota Statutes, section 290A.04, subdivision 2a.
Subd. 3. No
notification of appeal rights. In
adjusting homestead credit refunds and renter property tax refunds under this
section, the commissioner is not required to provide information concerning
appeal rights that ordinarily must be provided whenever the commissioner
adjusts refunds payable under Minnesota Statutes, chapter 290A. Taxpayers retain all rights to appeal
adjustments under this section.
Subd. 4. Appropriation. The amount necessary to make the
payments required under this section is appropriated from the general fund to
the commissioner of revenue.
EFFECTIVE
DATE. This section is effective
for refund claims based on taxes payable in 2014 and rent paid in 2013 only.
ARTICLE 2
PROPERTY TAXES
Section 1. Minnesota Statutes 2013 Supplement, section 144F.01, subdivision 4, is amended to read:
Subd. 4. Property
tax levy authority. The district's
board may levy a tax on the taxable real and personal property in the district. The ad valorem tax levy may not exceed 0.048
percent of the estimated market value of the district or $400,000 $550,000,
whichever is less. The proceeds of the levy
must be used as provided in subdivision 5.
The board shall certify the levy at the times as provided under section
275.07. The board shall provide the
county with whatever information is necessary to identify the property that is
located within the district. If the
boundaries include a part of a parcel, the entire parcel shall be included in
the district. The county auditors must
spread, collect, and distribute the proceeds of the tax at the same time and in
the same manner as provided by law for all other property taxes.
EFFECTIVE
DATE. This section is
effective for assessments in 2015, taxes payable in 2016, and thereafter.
Sec. 2. Minnesota Statutes 2012, section 272.02, subdivision 10, is amended to read:
Subd. 10. Personal property used for pollution control. Personal property used primarily for the abatement and control of air, water, or land pollution is exempt to the extent that it is so used, and real property is exempt if it is used primarily for abatement and control of air, water, or land pollution as part of an agricultural operation, as a part of a centralized treatment and recovery facility operating under a permit issued by the Minnesota Pollution Control Agency pursuant to chapters 115 and 116 and Minnesota Rules, parts 7001.0500 to 7001.0730, and 7045.0020 to 7045.1260, as a wastewater treatment facility and for the treatment, recovery, and stabilization of metals, oils, chemicals, water, sludges, or inorganic materials from hazardous industrial wastes, or as part of an electric generation system. For purposes of this subdivision, personal property includes ponderous machinery and equipment used in a business or production activity that at common law is considered real property.
Any taxpayer requesting exemption of all or a portion of any real property or any equipment or device, or part thereof, operated primarily for the control or abatement of air, water, or land pollution shall file an application with the commissioner of revenue. The commissioner shall develop an electronic means to notify interested parties when electric power generation facilities have filed an application. The Minnesota Pollution Control Agency shall upon request of the commissioner furnish information and advice to the commissioner.
The information and advice furnished by the Minnesota Pollution Control Agency must include statements as to whether the equipment, device, or real property meets a standard, rule, criteria, guideline, policy, or order of the Minnesota Pollution Control Agency, and whether the equipment, device, or real property is installed or operated in accordance with it. On determining that property qualifies for exemption, the commissioner shall issue an order exempting the property from taxation. The commissioner shall develop an electronic means to notify interested parties when the commissioner has issued an order exempting property from taxation under this subdivision. The equipment, device, or real property shall continue to be exempt from taxation as long as the order issued by the commissioner remains in effect.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 272.02, subdivision 24, is amended to read:
Subd. 24. Electric
power photovoltaic devices Solar energy generating systems. Photovoltaic devices Personal
property consisting of solar energy generating systems, as defined in
section 216C.06, subdivision 16, installed after January 1, 1992, and used
to produce or store electric power are 272.0295, is exempt. If the real property upon which a solar
energy generating system is located is used primarily for solar energy
production subject to the production tax under section 272.0295, the real
property shall be classified as class 3a.
If the real property upon which a
solar energy generating system is located is not used primarily for solar
energy production subject to the production tax under section 272.0295, the
real property shall be classified without regard to the system.
EFFECTIVE
DATE. This section is
effective for assessments in 2015, taxes payable in 2016, and thereafter.
Sec. 4. Minnesota Statutes 2012, section 272.02, subdivision 93, is amended to read:
Subd. 93. Electric generation facility; personal property. Notwithstanding subdivision 9, clause (a), attached machinery and other personal property that is part of a simple-cycle electric generation facility of more than 40 megawatts and less than 125 megawatts of installed capacity and that meets the requirements of this subdivision is exempt. At the time of construction, the facility must:
(1) utilize natural gas as a primary fuel;
(2) be located within two miles of parallel existing 36-inch natural gas pipelines and an existing 115-kilovolt high-voltage electric transmission line;
(3) be designed to provide peaking, emergency backup, or contingency services;
(4) satisfy a resource deficiency identified in an approved integrated resource plan filed under section 216B.2422; and
(5) have an agreement with the host county, township, and school district for payment in lieu of personal property taxes to the host county, township, and school district for the operating life of the facility. Any amount distributed to the school district is not subject to the deductions under section 126C.21.
Construction of the facility must be
commenced after January 1, 2010 2015, and before January 1, 2014
2019. Property eligible for this
exemption does not include electric transmission lines and interconnections or
gas pipelines and interconnections appurtenant to the property or the facility.
EFFECTIVE
DATE. This section is
effective for assessments in 2015, taxes payable in 2016, and thereafter.
Sec. 5. Minnesota Statutes 2012, section 272.0211, subdivision 1, is amended to read:
Subdivision 1. Efficiency determination and certification. An owner or operator of a new or existing electric power generation facility, excluding wind energy conversion systems, may apply to the commissioner of revenue for a market value exclusion on the property as provided for in this section. This exclusion shall apply only to the market value of the equipment of the facility, and shall not apply to the structures and the land upon which the facility is located. The commissioner of revenue shall prescribe the forms and procedures for this application. Upon receiving the application, the commissioner of revenue shall: (1) request the commissioner of commerce to make a determination of the efficiency of the applicant's electric power generation facility; and (2) shall develop an electronic means to notify interested parties when electric power generation facilities have filed an application. The commissioner of commerce shall calculate efficiency as the ratio of useful energy outputs to energy inputs, expressed as a percentage, based on the performance of the facility's equipment during normal full load operation.
The commissioner must include in this formula the energy used in any on-site preparation of materials necessary to convert the materials into the fuel used to generate electricity, such as a process to gasify petroleum coke. The commissioner shall use the Higher Heating Value (HHV) for all substances in the commissioner's efficiency calculations, except for wood for fuel in a biomass-eligible project under section 216B.2424; for these instances, the commissioner shall adjust the heating value to allow for energy consumed for evaporation of the moisture in the wood. The applicant shall provide the commissioner of commerce with whatever information the commissioner deems necessary to make the determination. Within 30 days of the receipt of the necessary information, the commissioner of commerce shall certify the findings of the efficiency determination to the commissioner of revenue and to the applicant. The commissioner of commerce shall determine the efficiency of the facility and certify the findings of that determination to the commissioner of revenue every two years thereafter from the date of the original certification.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 272.0211, subdivision 2, is amended to read:
Subd. 2. Sliding scale exclusion. Based upon the efficiency determination provided by the commissioner of commerce as described in subdivision 1, the commissioner of revenue shall subtract eight percent of the taxable market value of the qualifying property for each percentage point that the efficiency of the specific facility, as determined by the commissioner of commerce, is above 40 percent. The reduction in taxable market value shall be reflected in the taxable market value of the facility beginning with the assessment year immediately following the determination. The commissioner shall develop an electronic means to notify interested parties of the qualifying facilities and their respective exclusion percentages after the efficiency determination is made by the Department of Commerce. For a facility that is assessed by the county in which the facility is located, the commissioner of revenue shall certify to the assessor of that county the percentage of the taxable market value of the facility to be excluded.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 272.0211, subdivision 4, is amended to read:
Subd. 4. Eligibility. An owner or operator of a new or existing electric power generation facility who offers electric power generated by the facility for sale is eligible for an exclusion under this section only if:
(1) the owner or operator has received a certificate of need under section 216B.243, if required under that section;
(2) the public utilities commission finds
that an agreement exists or a good faith offer has been made to sell the
majority of the net power generated by the facility to an electric utility
which has a demonstrated need for the power.
A right of first refusal satisfies the good faith offer requirement. The commission shall have 90 days from the date
the commission receives notice of the application under subdivision 1 to make
this determination; and
(3) the electric utility has agreed in
advance not to offer the electric power for resale to a retail customer located
outside of the utility's assigned service area, or, if the utility is a
generation and transmission cooperative electric association, the assigned
service area of its members, unless otherwise permitted by law; and
(4) for any facility that was not certified as eligible for an exclusion under subdivision 2 for property taxes payable in 2015, the facility must be converted from coal to an alternative fuel and must have a nameplate capacity prior to conversion of less than 75 megawatts.
For the purposes of this subdivision, "electric utility" means an entity whose primary business function is to operate, maintain, or control equipment or facilities for providing electric service at retail or wholesale, and includes distribution cooperative electric associations, generation and transmission cooperative electric associations, municipal utilities, and public utilities as defined in section 216B.02, subdivision 4.
EFFECTIVE
DATE. This is section is
effective for assessment year 2015 and thereafter.
Sec. 8. [272.0295]
SOLAR ENERGY PRODUCTION TAX.
Subdivision 1. Production
tax. A tax is imposed on the
production of electricity from a solar energy generating system used as an
electric power source.
Subd. 2. Definitions. (a) For the purposes of this section,
the term "solar energy generating system" means a set of devices
whose primary purpose is to produce electricity by means of any combination of
collecting, transferring, or converting solar generated energy.
(b) The total size of a solar energy
generating system under this subdivision shall be determined according to this
paragraph. Unless the systems are
interconnected with different distribution systems, the nameplate capacity of a
solar energy generating system shall be combined with the nameplate capacity of
any other solar energy generating system that is:
(1) constructed within the same 12-month
period as the solar energy generating system; and
(2) exhibits characteristics of being a
single development, including but not limited to ownership structure, an
umbrella sales arrangement, shared interconnection, revenue-sharing
arrangements, and common debt or equity financing.
In the case of a dispute, the commissioner of commerce
shall determine the total size of the system and shall draw all reasonable
inferences in favor of combining the systems.
(c) In making a determination under
paragraph (b), the commissioner of commerce may determine that two solar energy
generating systems are under common ownership when the underlying ownership
structure contains similar persons or entities, even if the ownership shares
differ between the two systems. Solar
energy generating systems are not under common ownership solely because the
same person or entity provided equity financing for the systems.
Subd. 3. Rate
of tax. (a) For a solar
energy generating system with a capacity exceeding one megawatt alternating
current, the tax is $1.20 per megawatt-hour.
(b) A solar energy generating system
with a capacity of one megawatt alternating current or less is exempt from the
tax imposed under this section.
Subd. 4. Reports. An owner of a solar energy generating
system subject to tax under this section shall file a report with the
commissioner of revenue annually on or before January 15 detailing the amount
of electricity in megawatt-hours that was produced by the system in the
previous calendar year. The commissioner
shall prescribe the form of the report. The
report must contain the information required by the commissioner to determine
the tax due to each county under this section for the current year. If an owner of a solar energy generating
system subject to taxation under this section fails to file the report by the
due date, the commissioner of revenue shall determine the tax based upon the
nameplate capacity of the system multiplied by a capacity factor of 30 percent.
Subd. 5. Notification
of tax. (a) On or before
February 28, the commissioner of revenue shall notify the owner of each solar
energy generating system of the tax due to each county for the current year and
shall certify to the county auditor of each county in which the system is
located the tax due from each owner for the current year.
(b) If the commissioner of revenue
determines that the amount of production tax has been erroneously calculated,
the commissioner may correct the error. The
commissioner must notify the owner of the solar energy generating system of the
correction and the amount of tax due to each county and must certify the
correction to the county auditor of each county in which the system is located
on or before April 1 of the current year.
Subd. 6. Payment
of tax; collection. The
amount of production tax determined under subdivision 5 must be paid to the
county treasurer at the time and in the manner provided for payment of property
taxes under section 277.01, subdivision 3, and, if unpaid, is subject to the
same enforcement, collection, and interest and penalties as delinquent personal
property taxes. Except to the extent
inconsistent with this section, the provisions of sections 277.01 to 277.24 and
278.01 to 278.14 apply to the taxes imposed under this section, and for
purposes of those provisions, the taxes imposed under this section are
considered personal property taxes.
Subd. 7. Distribution
of revenues. Revenues from
the taxes imposed under this section must be part of the settlement between the
county treasurer and the county auditor under section 276.09. The revenue must be distributed by the county
auditor or the county treasurer to local taxing jurisdictions in which the
solar energy generating system is located as follows: 80 percent to counties; and 20 percent to
cities and townships.
EFFECTIVE
DATE. This section is
effective beginning with taxes payable in 2015.
Sec. 9. Minnesota Statutes 2012, section 272.03, subdivision 1, is amended to read:
Subdivision 1. Real property. (a) For the purposes of taxation, "real property" includes the land itself, rails, ties, and other track materials annexed to the land, and all buildings, structures, and improvements or other fixtures on it, bridges of bridge companies, and all rights and privileges belonging or appertaining to the land, and all mines, iron ore and taconite minerals not otherwise exempt, quarries, fossils, and trees on or under it.
(b) A building or structure shall include the building or structure itself, together with all improvements or fixtures annexed to the building or structure, which are integrated with and of permanent benefit to the building or structure, regardless of the present use of the building, and which cannot be removed without substantial damage to itself or to the building or structure.
(c)(i) Real property does not include tools, implements, machinery, and equipment attached to or installed in real property for use in the business or production activity conducted thereon, regardless of size, weight or method of attachment, and mine shafts, tunnels, and other underground openings used to extract ores and minerals taxed under chapter 298 together with steel, concrete, and other materials used to support such openings.
(ii) The exclusion provided in clause (i) shall not apply to machinery and equipment includable as real estate by paragraphs (a) and (b) even though such machinery and equipment is used in the business or production activity conducted on the real property if and to the extent such business or production activity consists of furnishing services or products to other buildings or structures which are subject to taxation under this chapter.
(iii) The exclusion provided in clause (i) does not apply to the exterior shell of a structure which constitutes walls, ceilings, roofs, or floors if the shell of the structure has structural, insulation, or temperature control functions or provides protection from the elements, unless the structure is primarily used in the production of biofuels, wine, beer, distilled beverages, or dairy products. Such an exterior shell is included in the definition of real property even if it also has special functions distinct from that of a building, or if such an exterior shell is primarily used for the storage of ingredients or materials used in the production of biofuels, wine, beer, distilled beverages, or dairy products, or for the storage of finished biofuels, wine, beer, distilled beverages, or dairy products.
(d) The term real property does not include tools, implements, machinery, equipment, poles, lines, cables, wires, conduit, and station connections which are part of a telephone communications system, regardless of attachment to or installation in real property and regardless of size, weight, or method of attachment or installation.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2015.
Sec. 10. Minnesota Statutes 2012, section 273.13, subdivision 34, is amended to read:
Subd. 34. Homestead of disabled veteran or family caregiver. (a) All or a portion of the market value of property owned by a veteran and serving as the veteran's homestead under this section is excluded in determining the property's taxable market value if the veteran has a service-connected disability of 70 percent or more as certified by the United States Department of Veterans Affairs. To qualify for exclusion under this subdivision, the veteran must have been honorably discharged from the United States armed forces, as indicated by United States Government Form DD214 or other official military discharge papers.
(b)(1) For a disability rating of 70 percent or more, $150,000 of market value is excluded, except as provided in clause (2); and
(2) for a total (100 percent) and permanent disability, $300,000 of market value is excluded.
(c) If a disabled veteran qualifying for a
valuation exclusion under paragraph (b), clause (2), predeceases the veteran's
spouse, and if upon the death of the veteran the spouse holds the legal or
beneficial title to the homestead and permanently resides there, the exclusion
shall carry over to the benefit of the veteran's spouse for the current taxes
payable year and for five eight additional taxes payable years or
until such time as the spouse remarries, or sells, transfers, or otherwise
disposes of the property, whichever comes first. Qualification under this paragraph requires
an annual application under paragraph (h).
(d) If the spouse of a member of any
branch or unit of the United States armed forces who dies due to a
service-connected cause while serving honorably in active service, as indicated
on United States Government Form DD1300 or DD2064, holds the legal or
beneficial title to a homestead and permanently resides there, the spouse is
entitled to the benefit described in paragraph (b), clause (2), for five
eight taxes payable years, or until such time as the spouse remarries or
sells, transfers, or otherwise disposes of the property, whichever comes first.
(e) If a veteran meets the disability criteria of paragraph (a) but does not own property classified as homestead in the state of Minnesota, then the homestead of the veteran's primary family caregiver, if any, is eligible for the exclusion that the veteran would otherwise qualify for under paragraph (b).
(f) In the case of an agricultural homestead, only the portion of the property consisting of the house and garage and immediately surrounding one acre of land qualifies for the valuation exclusion under this subdivision.
(g) A property qualifying for a valuation exclusion under this subdivision is not eligible for the market value exclusion under subdivision 35, or classification under subdivision 22, paragraph (b).
(h) To qualify for a valuation exclusion under this subdivision a property owner must apply to the assessor by July 1 of each assessment year, except that an annual reapplication is not required once a property has been accepted for a valuation exclusion under paragraph (a) and qualifies for the benefit described in paragraph (b), clause (2), and the property continues to qualify until there is a change in ownership. For an application received after July 1 of any calendar year, the exclusion shall become effective for the following assessment year.
(i) A first-time application by a qualifying spouse for the market value exclusion under paragraph (d) must be made any time within two years of the death of the service member.
(j) For purposes of this subdivision:
(1) "active service" has the meaning given in section 190.05;
(2) "own" means that the person's name is present as an owner on the property deed;
(3) "primary family caregiver" means a person who is approved by the secretary of the United States Department of Veterans Affairs for assistance as the primary provider of personal care services for an eligible veteran under the Program of Comprehensive Assistance for Family Caregivers, codified as United States Code, title 38, section 1720G; and
(4) "veteran" has the meaning given the term in section 197.447.
(k) The purpose of this provision of law providing a level of homestead property tax relief for gravely disabled veterans, their primary family caregivers, and their surviving spouses is to help ease the burdens of war for those among our state's citizens who bear those burdens most heavily.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015, and applies to homesteads that initially
qualified for the exclusion for taxes payable in 2009 and thereafter.
Sec. 11. Minnesota Statutes 2012, section 275.065, subdivision 1, is amended to read:
Subdivision 1. Proposed
levy. (a) Notwithstanding any law or
charter to the contrary, on or before September 15 30, each taxing
authority, other than a school district, shall adopt a proposed budget and county
and each home rule charter or statutory city shall certify to the county
auditor the proposed or, in the case of a town, the final property tax
levy for taxes payable in the following year.
(b) Notwithstanding any law or charter to
the contrary, on or before September 15, each town and each special taxing
district shall adopt and certify to the county auditor a proposed property tax
levy for taxes payable in the following year.
For towns, the final certified levy shall also be considered the
proposed levy.
(c) On or before September 30, each school district that has not mutually agreed with its home county to extend this date shall certify to the county auditor the proposed property tax levy for taxes payable in the following year. Each school district that has agreed with its home county to delay the certification of its proposed property tax levy must certify its proposed property tax levy for the following year no later than October 7. The school district shall certify the proposed levy as:
(1) a specific dollar amount by school district fund, broken down between voter-approved and non-voter-approved levies and between referendum market value and tax capacity levies; or
(2) the maximum levy limitation certified by the commissioner of education according to section 126C.48, subdivision 1.
(c) (d) If the board of
estimate and taxation or any similar board that establishes maximum tax levies
for taxing jurisdictions within a first class city certifies the maximum
property tax levies for funds under its jurisdiction by charter to the county
auditor by September 15 the date specified in paragraph (a), the
city shall be deemed to have certified its levies for those taxing
jurisdictions.
(d) (e) For purposes of this
section, "taxing authority" includes all home rule and statutory
cities, towns, counties, school districts, and "special taxing
district" means a special taxing districts district as
defined in section 275.066. Intermediate
school districts that levy a tax under chapter 124 or 136D, joint powers boards
established under sections 123A.44 to 123A.446, and Common School Districts No. 323,
Franconia, and No. 815, Prinsburg, are also special taxing districts for
purposes of this section.
(e) (f) At the meeting at
which the a taxing authority, other than a town, adopts its
proposed tax levy under paragraph (a) or (b) this subdivision,
the taxing authority shall announce the time and place of its subsequent
regularly scheduled meetings at which the budget and levy will be discussed and
at which the public will be allowed to speak.
The time and place of those meetings must be included in the proceedings
or summary of proceedings published in the official newspaper of the taxing
authority under section 123B.09, 375.12, or 412.191.
EFFECTIVE
DATE. This section is
effective beginning with taxes payable in 2015.
Sec. 12. Minnesota Statutes 2012, section 279.03, subdivision 2, is amended to read:
Subd. 2. Composite
judgment. Amounts included in
composite judgments authorized by section 279.37, subdivision 1, and confessed
on or after July 1, 1982, are subject to interest at the rate determined
pursuant to section 549.09. Amounts
confessed under this authority after December 31, 1990, (a) Except as
provided in paragraph (b), amounts included in composite judgments authorized
by section 279.37, subdivision 1, are subject to interest at the rate
calculated under subdivision 1a. During
each calendar year, interest shall accrue on the unpaid balance of the
composite judgment from the time it is confessed until it is paid. The rate of interest is subject to change
each year in the same manner that section 549.09 or subdivision 1a, whichever
is applicable, for rate changes. Interest
on the unpaid contract balance on judgments confessed before July 1, 1982, is
payable at the rate applicable to the judgment at the time that it was
confessed. The interest rate
established at the time the judgment is confessed is fixed for the duration of
that judgment.
(b) A confession of judgment covering
any part of a parcel classified as 1a or 1b, and used as the homestead of the
owner, is subject to interest at the rate provided in section 279.37,
subdivision 2, paragraph (b). This
paragraph does not apply to a relative homestead under section 273.124,
subdivision 1, paragraph (c).
EFFECTIVE DATE. This section is effective for confession
judgments entered into on or after January 1, 2015.
Sec. 13. Minnesota Statutes 2013 Supplement, section 279.37, subdivision 2, is amended to read:
Subd. 2. Installment payments. (a) The owner of any such parcel, or any person to whom the right to pay taxes has been given by statute, mortgage, or other agreement, may make and file with the county auditor of the county in which the parcel is located a written offer to pay the current taxes each year before they become delinquent, or to contest the taxes under Minnesota Statutes 1941, sections 278.01 to 278.13, and agree to confess judgment for the amount provided, as determined by the county auditor. By filing the offer, the owner waives all irregularities in connection with the tax proceedings affecting the parcel and any defense or objection which the owner may have to the proceedings, and also waives the requirements of any notice of default in the payment of any installment or interest to become due pursuant to the composite judgment to be so entered. Unless the property is subject to subdivision 1a, with the offer, the owner shall (i) tender one-tenth of the amount of the delinquent taxes, costs, penalty, and interest, and (ii) tender all current year taxes and penalty due at the time the confession of judgment is entered. In the offer, the owner shall agree to pay the balance in nine equal installments, with interest as provided in section 279.03, payable annually on installments remaining unpaid from time to time, on or before December 31 of each year following the year in which judgment was confessed.
(b) For property which qualifies under
section 279.03, subdivision 2, paragraph (b), each year the commissioner shall
set the interest rate for offers made under paragraph (a) at the greater of
five percent or two percent above the prime rate charged by banks during the
six-month period ending on September 30 of that year, rounded to the nearest
full percent, provided that the rate must not exceed the maximum annum rate
specified under section 279.03, subdivision 1a.
The rate of interest becomes effective on January 1 of the immediately
succeeding year. The commissioner's
determination under this subdivision is not a rule subject to the
Administrative Procedure Act in chapter 14, including section 14.386. If a default occurs in the payments under any
confessed judgment entered under this paragraph, the taxes and penalties due
are subject to the interest rate specified in section 279.03.
For the purposes of this subdivision:
(1) the term "prime rate charged
by banks" means the average predominant prime rate quoted by commercial
banks to large businesses, as determined by the Board of Governors of the Federal
Reserve System; and
(2)
"default" means the cancellation of the confession of judgment due to
nonpayment of the current year tax or failure to make any installment payment
required by this confessed judgment within 60 days from the date on which payment
was due.
(c) The interest rate established at the
time judgment is confessed is fixed for the duration of the judgment. By October 15 of each year, the commissioner
of revenue must determine the rate of interest as provided under paragraph (b)
and, by November 1 of each year, must certify the rate to the county auditor.
(d) A qualified property owner eligible
to enter into a second confession of judgment may do so at the interest rate
provided in paragraph (b).
(e) Repurchase agreements or contracts
for repurchase for properties being repurchased under section 282.261 are not
eligible to receive the interest rate under paragraph (b).
(f) The offer must be substantially as follows:
"To the court administrator of the district court of ........... county, I, ....................., am the owner of the following described parcel of real estate located in .................... county, Minnesota:
.............................. Upon that real estate there are delinquent taxes for the year ........., and prior years, as follows: (here insert year of delinquency and the total amount of delinquent taxes, costs, interest, and penalty). By signing this document I offer to confess judgment in the sum of $...... and waive all irregularities in the tax proceedings affecting these taxes and any defense or objection which I may have to them, and direct judgment to be entered for the amount stated above, minus the sum of $............, to be paid with this document, which is one-tenth or one-fifth of the amount of the taxes, costs, penalty, and interest stated above. I agree to pay the balance of the judgment in nine or four equal, annual installments, with interest as provided in section 279.03, payable annually, on the installments remaining unpaid. I agree to pay the installments and interest on or before December 31 of each year following the year in which this judgment is confessed and current taxes each year before they become delinquent, or within 30 days after the entry of final judgment in proceedings to contest the taxes under Minnesota Statutes, sections 278.01 to 278.13.
Dated .............., ......."
EFFECTIVE DATE. This section shall be effective for confession
judgments entered into on or after January 1, 2015.
Sec. 14. Minnesota Statutes 2012, section 383E.21, subdivision 1, is amended to read:
Subdivision 1. Authority to levy property taxes and incur debt. (a) To finance the cost of designing, constructing, and acquiring countywide public safety improvements and equipment, including personal property, benefiting both Anoka County and the municipalities located within Anoka County, the governing body of Anoka County may levy property taxes for public safety improvements and equipment, and issue:
(1) capital improvement bonds under the provisions of section 373.40 as if the infrastructure and equipment qualified as a "capital improvement" within the meaning of section 373.40, subdivision 1, paragraph (b); and
(2) capital notes under the provisions of section 373.01, subdivision 3, as if the equipment qualified as "capital equipment" within the meaning of section 373.01, subdivision 3. Personal property acquired with the proceeds of the bonds or capital notes issued under this section must have an expected useful life at least as long as the term of debt.
(b) The outstanding principal amount of the bonds and the capital notes issued under this section may not exceed $8,000,000 at any time. Any bonds or notes issued pursuant to this section must only be issued after approval by a majority vote of the Anoka County Joint Law Enforcement Council, a joint powers board.
EFFECTIVE
DATE. This section is
effective retroactively for taxes payable in 2013 and thereafter and expires
under Minnesota Statutes, section 383E.21, subdivision 3.
Sec. 15. Minnesota Statutes 2012, section 383E.21, subdivision 2, is amended to read:
Subd. 2. Treatment
of levy. Notwithstanding sections
275.065, subdivision 3, and 276.04, the county may report the tax attributable
to any levy to fund public safety capital improvements or equipment projects
approved by the Anoka County Joint Law Enforcement Council or pay principal
and interest on bonds or notes issued under this section as a separate line
item on the proposed property tax notice and the property tax statement. Notwithstanding any provision in chapter
275 or 373 to the contrary, bonds or notes issued by Anoka County under this
section must not be included in the computation of the net debt of Anoka
County.
EFFECTIVE
DATE. This section is
effective retroactively for taxes payable in 2013 and thereafter and expires
under Minnesota Statutes, section 383E.21, subdivision 3.
Sec. 16. Laws 1999, chapter 243, article 14, section 5, subdivision 1, is amended to read:
Subdivision 1. Board
plan and program. The board shall
adopt a comprehensive plan for the collection, treatment, and disposal of
sewage in the district for a designated period the board deems proper and
reasonable. The board shall prepare and
adopt subsequent comprehensive plans for the collection, treatment, and
disposal of sewage in the district for each succeeding designated period as the
board deems proper and reasonable. All
comprehensive plans of the district shall be subject to the planning and zoning
authority of Scott county and in conformance with all planning and zoning
ordinances of Scott county. The first
plan, as modified by the board, and any subsequent plan shall take into account
the preservation and best and most economic use of water and other natural
resources in the area; the preservation, use, and potential for use of lands
adjoining waters of the state to be used for the disposal of sewage; and the
impact the disposal system will have on present and future land use in the area
affected. In no case shall the
comprehensive plan provide for more than 325 364 connections to
the disposal system. All connections
must be charged a full assessment. Connections
made after the initial assessment period ends must be charged an amount equal
to the initial assessment plus an adjustment for inflation and plus any other
charges determined to be reasonable and necessary by the board. Deferred assessments may be permitted, as
provided for in Minnesota Statutes, chapter 429. The plans shall include the general location
of needed interceptors and treatment works, a description of the area that is
to be served by the various interceptors and treatment works, a long-range
capital improvements program, and any other details as the board deems
appropriate. In developing the plans,
the board shall consult with persons designated for the purpose by governing
bodies of any governmental unit within the district to represent the entities
and shall consider the data, resources, and input offered to the board by the
entities and any planning agency acting on behalf of one or more of the
entities. Each plan, when adopted, must
be followed in the district and may be revised as often as the board deems
necessary.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the Cedar Lake area water and
sanitary sewer district and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 17. HELENA
TOWNSHIP, SCOTT COUNTY; REMOVAL OF SUBORDINATE SERVICE DISTRICT.
Subdivision 1. Application. This section applies to the
subordinate service district established in Helena Township, Scott County, for
the Silver Maple Bay Estates, under Minnesota Statutes, chapter 365A.
Subd. 2. Special
provision for removal of the district.
Notwithstanding the requirements of Minnesota Statutes, section
365A.095, subdivision 2, if the district is removed as provided in Minnesota
Statutes, section 365A.095, subdivision 1, after all outstanding obligations of
the district have been paid in full, the town board may
vote
to sell or use the surplus of any land or equipment, or the surplus of any tax
revenue or service charge, or any part of it, collected from or associated with
the district to connect the owners of any property within the discontinued
district to another public sewer system.
Any surplus not used to connect residents to such sewer system may be
distributed equally to the owners of any property within the discontinued
district that were charged the extra tax or service fee during the most recent
tax year for which the tax or service fee was imposed. Any surplus not refunded under this section
must be transferred to the town's general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. CITY
OF JACKSON; LIMITATION ON ABATEMENTS.
Notwithstanding the provisions of
Minnesota Statutes, section 469.1813, subdivision 8, the total amount of
property taxes abated by the city of Jackson in any year under Minnesota
Statutes, section 469.1813, may not exceed the greater of (1) ten percent of
the city's net tax capacity for the taxes payable year to which the abatement
applies; or (2) $240,000.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015 through taxes payable in 2019.
Sec. 19. STUDY
OF ENERGY PRODUCING SYSTEMS.
(a) The commissioner of revenue shall
prepare a report on the taxation of electric energy producing systems in the
state of Minnesota, including both traditional and renewable energy sources. For purposes of this study, traditional
sources include coal, nuclear, and natural gas production and renewable sources
include, but are not limited to, solar, wind, biomass, and hydro.
(b) The report must, to the extent
practicable under the appropriation and the time available:
(1) describe, analyze, and compare the
various methods by which the personal and real property of energy producing
systems, using both traditional and renewable energy sources, are taxed under
the property tax;
(2) describe, analyze, and compare the availability of any exclusions, exemptions, or payment-in-lieu of taxation arrangements that apply to the systems and relative tax and economic effects of the arrangements;
(3) evaluate the extent to which host
political subdivisions and communities are compensated under the existing
Minnesota property tax system for the external costs that the various types of
production facilities impose on the host political subdivisions and
communities;
(4) compare the net cost of property and
other taxes per unit of energy produced in Minnesota compared to its border
states, for both traditional and renewable energy sources;
(5) develop and evaluate alternative tax
or fee systems for appropriately compensating host political subdivisions and
communities for the external costs imposed by the facilities; and
(6) make recommendations for the
taxation of solar energy producing systems, including both real and personal
property.
(c) The commissioner shall report the
findings of the study to the committees of the house of representatives and
senate having jurisdiction over taxes by February 1, 2015, and file the report
as required by Minnesota Statutes, section 3.195.
(d) $150,000 is appropriated from the
general fund in fiscal year 2015 to the commissioner of revenue for purposes of
preparing the report under this section.
This is a onetime appropriation and is not added to the base budget.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. STUDY
OF NORTH DAKOTA OIL PRODUCTION; IMPACT ON MINNESOTA.
(a) $250,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of employment and
economic development, in consultation with the commissioner of revenue and the
commissioner of transportation, to finance a study and analysis of the effects
of current and projected oil production in North Dakota on the Minnesota economy with special focus on the northwestern
region of Minnesota and area border cities as provided in paragraph (b).
(b) The study and analysis must address:
(1) current and projected economic,
fiscal, and demographic effects and issues;
(2) direct and indirect costs and
benefits and positive and negative effects, including those upon workforce,
taxation, and transportation, including the transportation of passengers and
agricultural products by railroads; and
(3) economic challenges and
opportunities for economic growth or diversification.
(c) The study must be objective,
evidence-based, and designed to produce empirical data. Study data must be utilized to formulate
policy recommendations on how the state, the northwestern region of the state,
and border cities may respond to the challenges and opportunities for economic
growth and financial investment that may be derived from the regional economic
changes that are the result of oil production in North Dakota.
(d) For the purposes of this section,
"border cities" has the meaning given in Minnesota Statutes, section
469.1731.
(e) The study and analysis must be
conducted by an independent entity with demonstrated knowledge in the following
areas:
(1) the economy and demography of
Minnesota;
(2) the domestic and foreign oil industry; and
(3) technologies, markets, and
geopolitical factors that have an impact on current and future oil production
in the region.
(f) The commissioner shall report on the
findings and recommendations of the study to the committees of the house of
representatives and senate having jurisdiction over economic development,
workforce issues, and taxation by February 15, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 3
SALES, USE, AND EXCISE TAXES
Section 1. Minnesota Statutes 2013 Supplement, section 116J.8738, subdivision 2, is amended to read:
Subd. 2. Qualified business. (a) A business is a qualified business if it satisfies the requirement of this paragraph and is not disqualified under the provisions of paragraph (b). To qualify, the business must:
(1) have operated its trade or business in a city or cities in greater Minnesota for at least one year before applying under subdivision 3;
(2) pay or agree to pay in the future each employee compensation, including benefits not mandated by law, that on an annualized basis equal at least 120 percent of the federal poverty level for a family of four;
(3) plan and agree to expand its employment in one or more cities in greater Minnesota by the minimum number of employees required under subdivision 3, paragraph (c); and
(4) have received certification from the commissioner under subdivision 3 that it is a qualified business.
(b) A business is not a qualified business if it is either:
(1) primarily engaged in making retail
sales to purchasers who are physically present at the business's location or
locations in greater Minnesota; or
(2) a public utility, as defined in section
336B.01; or
(3) primarily engaged in lobbying; gambling; entertainment; professional sports; political consulting; leisure; hospitality; or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants.
(c) The requirements in paragraph (a) that the business's operations and expansion be located in a city do not apply to an agricultural processing facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2013 Supplement, section 116J.8738, subdivision 3, is amended to read:
Subd. 3. Certification of qualified business. (a) A business may apply to the commissioner for certification as a qualified business under this section. The commissioner shall specify the form of the application, the manner and times for applying, and the information required to be included in the application. The commissioner may impose an application fee in an amount sufficient to defray the commissioner's cost of processing certifications. A business must file a copy of its application with the chief clerical officer of the city at the same time it applies to the commissioner. For an agricultural processing facility located outside the boundaries of a city, the business must file a copy of the application with the county auditor.
(b) The commissioner shall certify each business as a qualified business that:
(1) satisfies the requirements of subdivision 2;
(2) the commissioner determines would not expand its operations in greater Minnesota without the tax incentives available under subdivision 4; and
(3) enters a business subsidy agreement with the commissioner that pledges to satisfy the minimum expansion requirements of paragraph (c) within three years or less following execution of the agreement.
The commissioner must act on an application
within 60 90 days after its filing. Failure by the commissioner to take action
within the 60-day 90-day period is deemed approval of the
application.
(c) The following minimum expansion
requirements apply, based on the number of employees of the business at
locations in greater Minnesota:
(1) a business that employs 50 or fewer
full-time equivalent employees in greater Minnesota when the agreement is
executed must increase its employment by five or more full-time equivalent
employees;
(2)
a business that employs more than 50 but fewer than 200 full-time equivalent
employees in greater Minnesota when the agreement is executed must increase the
number of its full-time equivalent employees in greater Minnesota by at least
ten percent; or
(3) a business that employs 200 or more
full-time equivalent employees in greater Minnesota when the agreement is
executed must increase its employment by at least 21 full-time equivalent
employees (c) The business must increase the number of full-time
equivalent employees in greater Minnesota from the time the business subsidy
agreement is executed by two employees or ten percent, whichever is greater.
(d) The city, or a county for an agricultural processing facility located outside the boundaries of a city, in which the business proposes to expand its operations may file comments supporting or opposing the application with the commissioner. The comments must be filed within 30 days after receipt by the city of the application and may include a notice of any contribution the city or county intends to make to encourage or support the business expansion, such as the use of tax increment financing, property tax abatement, additional city or county services, or other financial assistance.
(e) Certification of a qualified business
is effective for the 12-year seven-year period beginning on the
first day of the calendar month immediately following execution of the
business subsidy agreement the date that the commissioner informs the
business of the award of the benefit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2013 Supplement, section 116J.8738, subdivision 4, is amended to read:
Subd. 4. Available
tax incentives. A qualified business
is entitled to a sales tax exemption, up to $2,000,000 annually and
$10,000,000 during the total period of the agreement, as provided in
section 297A.68, subdivision 44, for purchases made during the period the
business was certified as a qualified business under this section. The commissioner has discretion to set the
maximum amounts of the annual and total sales tax exemption allowed for each
qualifying business as part of the business subsidy agreement.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2013 Supplement, section 289A.20, subdivision 4, is amended to read:
Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and payable to the commissioner monthly on or before the 20th day of the month following the month in which the taxable event occurred, or following another reporting period as the commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph (f) or (g), except that use taxes due on an annual use tax return as provided under section 289A.11, subdivision 1, are payable by April 15 following the close of the calendar year.
(b) A vendor having a liability of $120,000
$250,000 or more during a fiscal year ending June 30 must remit the June
liability for the next year in the following manner:
(1) Two business days before June 30 of the
year, the vendor must remit 90 81.4 percent of the estimated June
liability to the commissioner.
(2) On or before August 20 of the year, the vendor must pay any additional amount of tax not remitted in June.
(c) A vendor having a liability of:
(1)
$10,000 or more, but less than $120,000 $250,000 during a fiscal
year ending June 30, 2013, and fiscal years thereafter, must remit by
electronic means all liabilities on returns due for periods beginning in all
subsequent calendar years on or before the 20th day of the month following the
month in which the taxable event occurred, or on or before the 20th day of the
month following the month in which the sale is reported under section 289A.18,
subdivision 4; or
(2) $120,000 $250,000 or
more, during a fiscal year ending June 30, 2009 2013, and fiscal
years thereafter, must remit by electronic means all liabilities in the manner
provided in paragraph (a) on returns due for periods beginning in the
subsequent calendar year, except for 90 81.4 percent of the
estimated June liability, which is due two business days before June 30. The remaining amount of the June liability is
due on August 20.
(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's religious beliefs from paying electronically shall be allowed to remit the payment by mail. The filer must notify the commissioner of revenue of the intent to pay by mail before doing so on a form prescribed by the commissioner. No extra fee may be charged to a person making payment by mail under this paragraph. The payment must be postmarked at least two business days before the due date for making the payment in order to be considered paid on a timely basis.
EFFECTIVE
DATE. This section is
effective for taxes remitted after May 30, 2014.
Sec. 5. Minnesota Statutes 2012, section 289A.60, subdivision 15, is amended to read:
Subd. 15. Accelerated
payment of June sales tax liability; penalty for underpayment. For payments made after December 31, 2006
2013, if a vendor is required by law to submit an estimation of June sales
tax liabilities and 90 81.4 percent payment by a certain date,
the vendor shall pay a penalty equal to ten percent of the amount of actual
June liability required to be paid in June less the amount remitted in June. The penalty must not be imposed, however, if
the amount remitted in June equals the lesser of 90 81.4 percent
of the preceding May's liability or 90 81.4 percent of the
average monthly liability for the previous calendar year.
EFFECTIVE
DATE. This section is
effective for taxes remitted after May 30, 2014.
Sec. 6. Minnesota Statutes 2012, section 297A.67, subdivision 13a, is amended to read:
Subd. 13a. Instructional materials. Instructional materials, other than textbooks, that are prescribed for use in conjunction with a course of study in a postsecondary school, college, university, or private career school to students who are regularly enrolled at such institutions are exempt. For purposes of this subdivision, "instructional materials" means materials required to be used directly in the completion of the course of study, including, but not limited to, interactive CDs, tapes, digital audio works, digital audiovisual works, and computer software.
Instructional materials do not include general reference works or other items incidental to the instructional process such as pens, pencils, paper, folders, or computers. For purposes of this subdivision, "school" and "private career school" have the meanings given in subdivision 13.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 297A.67, is amended by adding a subdivision to read:
Subd. 33. Presentations
accessed as digital audio and audiovisual works. The charge for a live or prerecorded
presentation, such as a lecture, seminar, workshop, or course, where
participants access the presentation as a digital audio work or digital
audiovisual work, and are connected to the presentation via the Internet,
telecommunications equipment or other device that transfers the presentation
electronically, is exempt if:
(1)
participants and the presenter, during the time that participants access the
presentation, are able to give, receive, and discuss the presentation with each
other, although the amount of interaction and when in the presentation the
interaction occurs may be limited by the presenter; and
(2) for those presentations where
participants are given the option to attend the same presentation in person:
(i) any limitations on the amount of
interaction and when it occurs during the presentation are the same for those
participants accessing the presentation electronically as those attending in
person; and
(ii) the admission to the in person
presentation is not subject to tax under this chapter.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2014.
Sec. 8. Minnesota Statutes 2012, section 297A.68, is amended by adding a subdivision to read:
Subd. 3a. Coin-operated
entertainment and amusement devices.
Coin-operated entertainment and amusement devices including, but
not limited to, fortune-telling machines, cranes, foosball and pool tables,
video and pinball games, batting cages, rides, photo or video booths, and
jukeboxes, are exempt when purchased by retailers selling admission to places
of amusement and making available amusement devices as provided in section
297A.61, subdivision 3, paragraph (g), clause (1). Coin-operated entertainment and amusement
devices do not include vending machines, lottery devices, or gaming devices as
described in chapters 297E and 349.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2014.
Sec. 9. Minnesota Statutes 2013 Supplement, section 297A.68, subdivision 42, is amended to read:
Subd. 42. Qualified data centers. (a) Purchases of enterprise information technology equipment and computer software for use in a qualified data center, or a qualified refurbished data center, are exempt, except that computer software maintenance agreements are exempt for purchases made after June 30, 2013. The tax on purchases exempt under this paragraph must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied, and then refunded after June 30, 2013, in the manner provided in section 297A.75. This exemption includes enterprise information technology equipment and computer software purchased to replace or upgrade enterprise information technology equipment and computer software in a qualified data center, or a qualified refurbished data center.
(b) Electricity used or consumed in the operation of a qualified data center or qualified refurbished data center is exempt.
(c) For purposes of this subdivision,
"qualified data center, or a qualified refurbished data center,"
means a facility in Minnesota:
(1) that is comprised of one or more buildings that consist in the aggregate of at least 25,000 square feet, and that are located on a single parcel or on contiguous parcels, where the total cost of construction or refurbishment, investment in enterprise information technology equipment, and computer software is at least $30,000,000 within a 48-month period. The 48-month period begins no sooner than July 1, 2012, except that costs for computer software maintenance agreements purchased before July 1, 2013, are not included in determining if the $30,000,000 threshold has been met;
(2) that is constructed or substantially refurbished after June 30, 2012, where "substantially refurbished" means that at least 25,000 square feet have been rebuilt or modified, including:
(i) installation of enterprise information
technology equipment,; environmental control, computer software,
and energy efficiency improvements; and
(ii) building improvements; and
(3) that is used to house enterprise information technology equipment, where the facility has the following characteristics:
(i) uninterruptible power supplies, generator backup power, or both;
(ii) sophisticated fire suppression and prevention systems; and
(iii) enhanced security. A facility will be considered to have enhanced security if it has restricted access to the facility to selected personnel; permanent security guards; video camera surveillance; an electronic system requiring pass codes, keycards, or biometric scans, such as hand scans and retinal or fingerprint recognition; or similar security features.
In determining whether the facility has the
required square footage, the square footage of the following spaces shall be
included if the spaces support the operation of enterprise information technology
equipment: office space, meeting space,
and mechanical and other support facilities.
For purposes of this subdivision, "computer software"
includes, but is not limited to, software utilized or loaded at the a
qualified data center or qualified refurbished data center, including
maintenance, licensing, and software customization.
(d) For purposes of this subdivision, a "qualified refurbished data center" means an existing facility that qualifies as a data center under paragraph (c), clauses (2) and (3), but that is comprised of one or more buildings that consist in the aggregate of at least 25,000 square feet, and that are located on a single parcel or contiguous parcels, where the total cost of construction or refurbishment, investment in enterprise information technology equipment, and computer software is at least $50,000,000 within a 24-month period.
(e) For purposes of this subdivision,
"enterprise information technology equipment" means computers and
equipment supporting computing, networking, or data storage, including servers
and routers. It includes, but is not
limited to: cooling systems, cooling
towers, and other temperature control infrastructure; power infrastructure for
transformation, distribution, or management of electricity used for the
maintenance and operation of a qualified data center or qualified
refurbished data center, including but not limited to exterior dedicated
business-owned substations, backup power generation systems, battery systems,
and related infrastructure; and racking systems, cabling, and trays, which are
necessary for the a maintenance and operation of the qualified
data center or qualified refurbished data center.
(f) A qualified data center or qualified refurbished data center may claim the exemptions in this subdivision for purchases made either within 20 years of the date of its first purchase qualifying for the exemption under paragraph (a), or by June 30, 2042, whichever is earlier.
(g) The purpose of this exemption is to create jobs in the construction and data center industries.
(h) This subdivision is effective for sales
and purchases made after June 30, 2012, and before July 1, 2042.
(i)(1) The commissioner of employment
and economic development must certify to the commissioner of revenue, in a
format approved by the commissioner of revenue, when a qualified data center
has met the requirements under paragraph (c) or a qualified refurbished data
center has met the requirements under paragraph (d). The certification must provide the following
information regarding each qualified data center or qualified refurbished data
center:
(i) the total square footage amount;
(ii) the total amount of construction or
refurbishment costs and the total amount of qualifying investments in
enterprise information technology equipment and computer software; and
(iii) the beginning and ending of the applicable period under either paragraph (c) or (d) in which the qualifying expenditures and purchases under item (ii) were made, but in no case shall the period begin before July 1, 2012;
(2) Any refund for sales tax paid on
qualifying purchases under this subdivision must not be issued unless the
commissioner of revenue has received the certification required under clause
(1) either from the commissioner of employment and economic development or the
qualified data center or qualified refurbished data center claiming the refund;
and
(3) The commissioner of employment and
economic development must annually notify the commissioner of revenue of the
qualified data centers that are projected to meet the requirements under
paragraph (c) and the qualified refurbished data centers that are projected to
meet the requirements under paragraph (d) in each of the next four years. The notification must provide the information
required under clause (1), items (i) to (iii), for each qualified data center
or qualified refurbished data center.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2013 Supplement, section 297A.68, subdivision 44, is amended to read:
Subd. 44. Greater Minnesota business expansions. (a) Purchases and use of tangible personal property or taxable services by a qualified business, as defined in section 116J.8738, are exempt if:
(1) the business subsidy agreement provides that the exemption under this subdivision applies;
(2) the property or services are primarily used or consumed at the facility in greater Minnesota identified in the business subsidy agreement; and
(3) the purchase was made and delivery received during the duration of the certification of the business as a qualified business under section 116J.8738.
(b) Purchase and use of construction materials and supplies used or consumed in, and equipment incorporated into, the construction of improvements to real property in greater Minnesota are exempt if the improvements after completion of construction are to be used in the conduct of the trade or business of the qualified business, as defined in section 116J.8738. This exemption applies regardless of whether the purchases are made by the business or a contractor.
(c) The exemptions under this subdivision apply to a local sales and use tax.
(d) The tax on purchases imposed under
this subdivision must be imposed and collected as if the rate under section
297A.62 applied, and then refunded in the manner provided in section 297A.75. The total amount refunded for a facility
over the certification period is limited to the amount listed in the business
subsidy agreement. No more than $7,000,000
may be refunded in a fiscal year for all purchases under this subdivision. Refunds must be allocated on a first-come,
first-served basis. If more than
$7,000,000 of eligible claims are made in a fiscal year, claims by qualified
businesses carry over to the next fiscal year, and the commissioner must first
allocate refunds to qualified businesses eligible for a refund in the preceding
fiscal year. Any portion of the balance
of funds allocated for refunds under this paragraph does not cancel and shall
be carried forward to and available for refunds in subsequent fiscal years. Notwithstanding section 297A.75,
subdivision 4, for an eligible refund claim that carries over to a subsequent
fiscal year, the interest on the amount carried over must be paid on the refund
no sooner than from 90 days after July 1 of the fiscal year in which funds are
available for the eligible claim.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2013 Supplement, section 297A.70, subdivision 2, is amended to read:
Subd. 2. Sales to government. (a) All sales, except those listed in paragraph (b), to the following governments and political subdivisions, or to the listed agencies or instrumentalities of governments and political subdivisions, are exempt:
(1) the United States and its agencies and instrumentalities;
(2) school districts, local governments, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Perpich Minnesota Center for Arts Education, and an instrumentality of a political subdivision that is accredited as an optional/special function school by the North Central Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by political subdivisions of the state of tangible personal property and taxable services used at or by hospitals and nursing homes;
(4) notwithstanding
paragraph (d), the sales and purchases by the Metropolitan Council, for
its purchases of vehicles and repair parts to equip operations provided for
in section 473.4051 are exempt through December 31, 2016;
(5) other states or political subdivisions of other states, if the sale would be exempt from taxation if it occurred in that state; and
(6) public libraries, public library systems, multicounty, multitype library systems as defined in section 134.001, county law libraries under chapter 134A, state agency libraries, the state library under section 480.09, and the Legislative Reference Library.
(b) This exemption does not apply to the sales of the following products and services:
(1) building, construction, or reconstruction materials purchased by a contractor or a subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed maximum price covering both labor and materials for use in the construction, alteration, or repair of a building or facility;
(2) construction materials purchased by tax exempt entities or their contractors to be used in constructing buildings or facilities which will not be used principally by the tax exempt entities;
(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except for leases entered into by the United States or its agencies or instrumentalities;
(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67, subdivision 2, except for lodging, prepared food, candy, soft drinks, and alcoholic beverages purchased directly by the United States or its agencies or instrumentalities; or
(5) goods or services purchased by a local
government as inputs to goods and services that are generally provided by a
private business and the purchases would be taxable if made by a private
business engaged in the same activity a liquor store, gas or electric
utility, solid waste hauling service, solid waste recycling service, landfill,
golf course, marina, campground, cafe, or laundromat.
(c) As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, and any instrumentality of a school district, as defined in section 471.59.
(d)
As used in this subdivision For purposes of the exemption granted
under this subdivision, "local governments" means has
the following meaning:
(1) for the period prior to January 1,
2016, local governments means statutory or home rule charter cities,
counties, and townships;
(2) for the period of January 1, 2016,
to December 31, 2016, local governments means statutory or home rule charter
cities, counties, and townships; special districts as defined under section
6.465, except for the Metropolitan Council under sections 473.123 to 473.549;
any instrumentality of a statutory or home rule charter city, county, or
township as defined in section 471.59; and any joint powers board or
organization created under section 471.59; and
(3) beginning January 1, 2017, local governments means statutory or home rule charter cities, counties, and townships; special districts as defined under section 6.465; any instrumentality of a statutory or home rule charter city, county, or township as defined in section 471.59; and any joint powers board or organization created under section 471.59.
(e) As used in this subdivision,
"goods or services generally provided by a private business" include,
but are not limited to, goods or services provided by liquor stores, gas and
electric utilities, golf courses, marinas, health and fitness centers,
campgrounds, cafes, and laundromats. "Goods
or services generally provided by a private business" do not include
housing services, sewer and water services, wastewater treatment, ambulance and
other public safety services, correctional services, chore or homemaking
services provided to elderly or disabled individuals, or road and street
maintenance or lighting.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2014.
Sec. 12. Minnesota Statutes 2013 Supplement, section 297A.70, subdivision 13, is amended to read:
Subd. 13. Fund-raising sales by or for nonprofit groups. (a) The following sales by the specified organizations for fund-raising purposes are exempt, subject to the limitations listed in paragraph (b):
(1) all sales made by a nonprofit organization that exists solely for the purpose of providing educational or social activities for young people primarily age 18 and under;
(2) all sales made by an organization that is a senior citizen group or association of groups if (i) in general it limits membership to persons age 55 or older; (ii) it is organized and operated exclusively for pleasure, recreation, and other nonprofit purposes; and (iii) no part of its net earnings inures to the benefit of any private shareholders;
(3) the sale or use of tickets or admissions to a golf tournament held in Minnesota if the beneficiary of the tournament's net proceeds qualifies as a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code; and
(4) sales of candy sold for fund-raising purposes by a nonprofit organization that provides educational and social activities primarily for young people age 18 and under.
(b) The exemptions listed in paragraph (a) are limited in the following manner:
(1) the exemption under paragraph (a),
clauses (1) and (2), applies only if to the first $20,000 of the
gross annual receipts of the organization from fund-raising do not exceed
$10,000; and
(2) the exemption under paragraph (a), clause (1), does not apply if the sales are derived from admission charges or from activities for which the money must be deposited with the school district treasurer under section 123B.49, subdivision 2, or be recorded in the same manner as other revenues or expenditures of the school district under section 123B.49, subdivision 4.
(c) Sales of tangible personal property and services are exempt if the entire proceeds, less the necessary expenses for obtaining the property or services, will be contributed to a registered combined charitable organization described in section 43A.50, to be used exclusively for charitable, religious, or educational purposes, and the registered combined charitable organization has given its written permission for the sale. Sales that occur over a period of more than 24 days per year are not exempt under this paragraph.
(d) For purposes of this subdivision, a
club, association, or other organization of elementary or secondary school
students organized for the purpose of carrying on sports, educational, or other
extracurricular activities is a separate organization from the school district
or school for purposes of applying the $10,000 $20,000 limit.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after December 31, 2014.
Sec. 13. Minnesota Statutes 2013 Supplement, section 297A.70, subdivision 14, is amended to read:
Subd. 14. Fund-raising events sponsored by nonprofit groups. (a) Sales of tangible personal property or services at, and admission charges for fund-raising events sponsored by, a nonprofit organization are exempt if:
(1) all gross receipts are recorded as such, in accordance with generally accepted accounting practices, on the books of the nonprofit organization; and
(2) the entire proceeds, less the necessary expenses for the event, will be used solely and exclusively for charitable, religious, or educational purposes. Exempt sales include the sale of prepared food, candy, and soft drinks at the fund-raising event.
(b) This exemption is limited in the following manner:
(1) it does not apply to admission charges for events involving bingo or other gambling activities or to charges for use of amusement devices involving bingo or other gambling activities;
(2) all gross receipts are taxable if the profits are not used solely and exclusively for charitable, religious, or educational purposes;
(3) it does not apply unless the organization keeps a separate accounting record, including receipts and disbursements from each fund-raising event that documents all deductions from gross receipts with receipts and other records;
(4) it does not apply to any sale made by or in the name of a nonprofit corporation as the active or passive agent of a person that is not a nonprofit corporation;
(5) all gross receipts are taxable if fund-raising events exceed 24 days per year;
(6) it does not apply to fund-raising events conducted on premises leased for more than five days but less than 30 days; and
(7) it does not apply if the risk of the event is not borne by the nonprofit organization and the benefit to the nonprofit organization is less than the total amount of the state and local tax revenues forgone by this exemption.
(c) For purposes of this subdivision, a "nonprofit organization" means any unit of government, corporation, society, association, foundation, or institution organized and operated for charitable, religious, educational, civic, fraternal, and senior citizens' or veterans' purposes, no part of the net earnings of which inures to the benefit of a private individual.
(d)
For purposes of this subdivision, "fund-raising events" means
activities of limited duration, not regularly carried out in the normal course
of business, that attract patrons for community, social, and entertainment
purposes, such as auctions, bake sales, ice cream socials, block parties,
carnivals, competitions, concerts, concession stands, craft sales, bazaars,
dinners, dances, door-to-door sales of merchandise, fairs, fashion shows,
festivals, galas, special event workshops, sporting activities such as
marathons and tournaments, and similar events.
Fund-raising events do not include the operation of a regular place of
business in which services are provided or sales are made during regular hours
such as bookstores, thrift stores, gift shops, restaurants, ongoing Internet
sales, regularly scheduled classes, or other activities carried out in the
normal course of business.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2012, section 297A.70, is amended by adding a subdivision to read:
Subd. 19. Nonprofit
snowmobile clubs; machinery and equipment.
Sales of tangible personal property to a nonprofit snowmobile
club that is used primarily and directly for the grooming of state or
grant-in-aid snowmobile trails are exempt.
The exemption applies to grooming machines, attachments, other
associated accessories, and repair parts.
A nonprofit snowmobile club is eligible for the exemption under this
subdivision if it received, in the current year or in the previous three-year
period, a state grant-in-aid maintenance and grooming grant administered by the
Department of Natural Resources by applying for the grant with a local unit of
government sponsor.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after June 30, 2014.
Sec. 15. Minnesota Statutes 2013 Supplement, section 297F.05, subdivision 1, is amended to read:
Subdivision 1. Rates;
cigarettes. A tax is imposed upon
the sale of cigarettes in this state, upon having cigarettes in possession in
this state with intent to sell, upon any person engaged in business as a
distributor, and upon the use or storage by consumers, at the following
rates: rate of
(1) on cigarettes weighing not more
than three pounds per thousand, 141.5 mills, or 14.15 cents on each such
cigarette; and
(2) on cigarettes weighing more than
three pounds per thousand, 283 mills on each such cigarette.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 16. Minnesota Statutes 2012, section 297F.09, subdivision 10, is amended to read:
Subd. 10. Accelerated
tax payment; cigarette or tobacco products distributor. A cigarette or tobacco products
distributor having a liability of $120,000 $250,000 or more
during a fiscal year ending June 30, shall remit the June liability for the
next year in the following manner:
(a) Two business days before June 30 of the
year, the distributor shall remit the actual May liability and 90 81.4
percent of the estimated June liability to the commissioner and file the return
in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the distributor shall submit a return showing the actual June liability and pay any additional amount of tax not remitted in June. A penalty is imposed equal to ten percent of the amount of June liability required to be paid in June, less the amount remitted in June. However, the penalty is not imposed if the amount remitted in June equals the lesser of:
(1) 90 81.4 percent of the
actual June liability; or
(2)
90 81.4 percent of the preceding May's May
liability.
EFFECTIVE
DATE. This section is
effective for taxes remitted after May 30, 2014.
Sec. 17. Minnesota Statutes 2012, section 297G.03, is amended by adding a subdivision to read:
Subd. 5. Microdistillery
credit. (a) A qualified
distiller producing distilled spirits is entitled to a tax credit of $1.33 per
liter on 100,000 liters sold in any fiscal year beginning July 1. A qualified distiller may take the credit on
the 18th day of each month, but the total credit allowed may not exceed in any
fiscal year the lesser of:
(1) the liability for tax; or
(2) $133,000.
(b) For purposes of this subdivision,
"qualified distiller" means a microdistillery qualifying under
section 340A.101, subdivision 17a, in the calendar year immediately preceding
the calendar year for which the credit under this subdivision is claimed.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 18. [297G.032]
MICRODISTILLERIES.
A microdistillery, licensed under
section 340A.301, is a wholesaler for purposes of the excise tax imposed on
distilled spirits given by the microdistillery as samples or sold in cocktail
rooms permitted under chapter 340A. Returns
must be made in a form and manner prescribed by the commissioner, and must
contain any other information required by the commissioner.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 19. Minnesota Statutes 2012, section 297G.09, subdivision 9, is amended to read:
Subd. 9. Accelerated
tax payment; penalty. A person
liable for tax under this chapter having a liability of $120,000 $250,000
or more during a fiscal year ending June 30, shall remit the June liability for
the next year in the following manner:
(a) Two business days before June 30 of the
year, the taxpayer shall remit the actual May liability and 90 81.4
percent of the estimated June liability to the commissioner and file the return
in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the taxpayer shall submit a return showing the actual June liability and pay any additional amount of tax not remitted in June. A penalty is imposed equal to ten percent of the amount of June liability required to be paid in June less the amount remitted in June. However, the penalty is not imposed if the amount remitted in June equals the lesser of:
(1) 90 81.4 percent of the
actual June liability; or
(2) 90 81.4 percent of the
preceding May liability.
EFFECTIVE
DATE. This section is
effective for taxes remitted after May 30, 2014.
Sec. 20. Minnesota Statutes 2013 Supplement, section 360.531, subdivision 2, is amended to read:
Subd. 2. Rate. The tax shall be as follows:
Base Price |
|
Tax |
|
|
|
|
|
$100 |
over $500,000 |
|
$200 |
over $1,000,000 |
|
$2,000 |
over $2,500,000 |
|
$4,000 |
over $5,000,000 |
|
$7,500 |
over $7,500,000 |
|
$10,000 |
over $10,000,000 |
|
$12,500 |
over $12,500,000 |
|
$15,000 |
over $15,000,000 |
|
$17,500 |
over $17,500,000 |
|
$20,000 |
over $20,000,000 |
|
$22,500 |
over $22,500,000 |
|
$25,000 |
over $25,000,000 |
|
$27,500 |
over $27,500,000 |
|
$30,000 |
over $30,000,000 |
|
$50,000 |
over $40,000,000 |
|
$75,000 |
EFFECTIVE
DATE. This section is
effective July 1, 2014, and applies to aircraft tax due on or after that date.
Sec. 21. Laws 1980, chapter 511, section 1, subdivision 2, as amended by Laws 1991, chapter 291, article 8, section 22, Laws 1998, chapter 389, article 8, section 25, Laws 2003, First Special Session chapter 21, article 8, section 11, and Laws 2008, chapter 154, article 5, section 2, is amended to read:
Subd. 2. (a) Notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or city charter provision to the
contrary, the city of Duluth may, by ordinance, impose an additional sales tax
of up to two and one-quarter one and three-quarter percent on
sales transactions which are described in Minnesota Statutes 2000, section
297A.01, subdivision 3, clause (c). When
the city council determines that the taxes imposed under this subdivision and
under Laws 1998, chapter 389, article 8, section 26, at a rate of one-half of
one percent have produced revenue sufficient to pay (1) the debt service on
bonds in a principal amount of $8,000,000 issued for capital improvements to
the Duluth Entertainment and Convention Center, and (2) debt service on
outstanding bonds originally issued in the principal amount of $4,970,000 to
finance capital improvements to the Great Lakes Aquarium since the imposition
of the taxes at the rate of one and one-half percent, the rate of the tax under
this subdivision is reduced by one-half of one percent. The imposition of this tax shall not be
subject to voter referendum under either state law or city charter provisions. When the city council determines that the
taxes imposed under this subdivision paragraph at a rate of
three-quarters of one percent and other sources of revenue produce revenue
sufficient to pay debt service on bonds in the principal amount of $40,285,000
plus issuance and discount costs, issued for capital improvements at the Duluth
Entertainment and Convention Center, which include a new arena, the rate of tax
under this subdivision must be reduced by three-quarters of one percent.
(b) In addition to the tax in paragraph
(a) and notwithstanding Minnesota Statutes, section 477A.016, or any other law,
ordinance, or city charter provision to the contrary, the city of Duluth may,
by ordinance, impose an additional sales tax of up to one-half of one percent
on sales transactions which are described in Minnesota Statutes 2000, section
297A.01, subdivision 3, clause (c). This
tax expires when the city council determines that the tax
imposed
under this paragraph, along with the tax imposed under section 22, paragraph
(b), has produced revenues sufficient to pay the debt service on bonds in a
principal amount of no more than $18,000,000, plus issuance and discount costs,
to finance capital improvements to public facilities to support tourism and
recreational activities in that portion of the city west of 34th Avenue West.
(c) The city of Duluth may sell and
issue up to $18,000,000 in general obligation bonds under Minnesota Statutes,
chapter 475, plus an additional amount to pay for the costs of issuance and any
premiums. The proceeds may be used to
finance capital improvements to public facilities that support tourism and
recreational activities in the portion of the city west of 34th Avenue West, as
described in paragraph (b). The issuance
of the bonds is subject to the provisions of Minnesota Statutes, chapter 475,
except no election shall be required unless required by the city charter. The bonds shall not be included in computing
net debt. The revenues from the taxes
that the city of Duluth may impose under paragraph (b) and under section 22,
paragraph (b), may be pledged to pay principal of and interest on such bonds.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Duluth and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 22. Laws 1980, chapter 511, section 2, as amended by Laws 1998, chapter 389, article 8, section 26, and Laws 2003, First Special Session chapter 21, article 8, section 12, is amended to read:
Sec. 22. CITY
OF DULUTH; TAX ON RECEIPTS BY HOTELS AND MOTELS.
(a) Notwithstanding Minnesota
Statutes, section 477A.016, or any other law, or ordinance, or city charter
provision to the contrary, the city of Duluth may, by ordinance, impose an
additional tax of one and one-half percent upon the gross receipts from
the sale of lodging for periods of less than 30 days in hotels and motels
located in the city. When the city
council determines that the taxes imposed under this section and section 25 at
a rate of one-half of one percent have produced revenue sufficient to pay (1)
the debt service on bonds in a principal amount of $8,000,000 issued for
capital improvements for the Duluth Entertainment and Convention Center, and
(2) the debt service on outstanding bonds originally issued in the principal
amount of $4,970,000 to finance capital improvements to the Great Lakes
Aquarium since the imposition of the taxes at the rate of one and one-half
percent, the rate of the tax under this section is reduced to one percent. The tax shall be collected in the same manner
as the tax set forth in the Duluth city charter, section 54(d), paragraph one. The imposition of this tax shall not be
subject to voter referendum under either state law or city charter provisions.
(b) In addition to the tax in paragraph
(a) and notwithstanding Minnesota Statutes, section 477A.016, or any other law,
ordinance, or city charter provision to the contrary, the city of Duluth may,
by ordinance, impose an additional sales tax of up to one-half of one percent
on the gross receipts from the sale of lodging for periods of less than 30 days
in hotels and motels located in the city.
This tax expires when the city council first determines that the tax
imposed under this paragraph, along with the tax imposed under section 21,
paragraph (b), has produced revenues sufficient to pay the debt service on
bonds in a principal amount of no more than $18,000,000, plus issuance and
discount costs, to finance capital improvements to public facilities to support
tourism and recreational activities in that portion of the city west of 34th
Avenue West.
EFFECTIVE
DATE. This section is effective
the day after the governing body of the city of Duluth and its chief clerical
officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 23. Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4, is amended to read:
Subd. 4.
Termination of taxes. The taxes imposed under this section
expire at the earlier of (1) ten 15 years after the taxes are
first imposed, or (2) when the city council first determines that the amount of
revenues raised to pay for the projects under subdivision 2, shall meet or
exceed the sum of $15,000,000. Any funds
remaining after completion of the projects may be placed in the general fund of
the city.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Albert Lea and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 24. Laws 2006, chapter 259, article 3, section 10, subdivision 3, is amended to read:
Subd. 3. Use of revenues. (a) Revenues received from the taxes authorized by subdivisions 1 and 2 must be used to pay the cost of collecting and administering the tax and to finance the acquisition and betterment of water and wastewater facilities to serve the cities of Brainerd and Baxter, building and equipping a fire substation, as approved by the voters at the referendum authorizing the tax. Authorized costs include, but are not limited to, acquiring property and paying construction and engineering costs related to the projects.
(b) In addition to the projects
authorized in paragraph (a), the city of Baxter may, if approved by the voters
at an election under subdivision 5, paragraph (b), allocate up to an additional
$40,000,000 of the revenues received from the taxes authorized by subdivisions
1 and 2 to a capital infrastructure fund.
Money from this fund may only be used to finance (1) sanitary sewer,
storm sewer, and water projects, (2) transportation safety improvements, and
(3) improvements to the Brainerd Lakes Area Airport.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Baxter and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 25. Laws 2006, chapter 259, article 3, section 10, subdivision 4, is amended to read:
Subd. 4. Bonds. (a) The city of Baxter, pursuant to the approval of the voters at the November 2, 2004, referendum authorizing the imposition of the taxes in this section, may issue general obligation bonds of the city, in one or more series, in the aggregate principal amount not to exceed $15,000,000 to finance the projects listed in subdivision 3, paragraph (a). The debt represented by the bonds is not included in computing any debt limitations applicable to the city, and the levy of taxes required by Minnesota Statutes, section 475.61, to pay the principal of and interest on the bonds is not subject to any levy limitation or included in computing or applying any levy limitation applicable to the city of Baxter.
(b) The city of Baxter, pursuant to the
approval of the voters at the 2014 general election to extend the tax under
this section, may issue general obligation bonds of the city, in one or more
series, in the aggregate principal amount not to exceed (1) $32,000,000 plus an
amount equal to the costs of issuance of the bonds to finance the projects
listed in subdivision 3, paragraph (b), clauses (1) and (2), and (2) $8,000,000
plus an amount equal to the costs of the issuance of the bonds to finance the
project listed in subdivision 3, paragraph (b), clause (3). The debt represented by the bonds is not
included in computing any debt limitations applicable to the city, and the levy
of taxes required by Minnesota Statutes, section 475.61, to pay the principal
of and interest on the bonds is not subject to any levy limitation or included
in computing or applying any levy limitation applicable to the city of Baxter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Laws 2006, chapter 259, article 3, section 10, subdivision 5, is amended to read:
Subd. 5. Termination of taxes. (a) The taxes imposed under subdivisions 1 and 2 expire at the earlier of a date 12 years after the imposition of the tax or when the Baxter City Council first determines that the amount of revenues raised from the taxes to pay for the projects under subdivision 3 equals or exceeds $15,000,000 plus any interest on bonds issued for the projects under subdivision 4, paragraph (a). Any funds remaining after the expiration of the taxes and retirement of the bonds shall be placed in a capital project fund of the city of Baxter. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city of Baxter so determines by ordinance.
(b)
Notwithstanding Minnesota Statutes, sections 297A.99 and 477A.016, or any other
contrary provision of law, ordinance, or city charter, the city of Baxter may,
by ordinance, extend the taxes authorized under subdivisions 1 and 2 beyond the
termination date in paragraph (a) if approved by the voters of the city at a
general election held in 2014. The
question put to the voters must indicate that an affirmative vote would extend
the imposition of the taxes through 2037 or until an additional $40,000,000,
plus an amount equal to interest and issuance costs associated with bonds
issued under subdivision 4, paragraph (b), above the initial amount authorized
to pay for $15,000,000 in bonds and associated bond cost and projects, listed
in subdivision 3, paragraph (a), is raised.
If extended under this paragraph, the taxes authorized in subdivisions 1
and 2 will terminate at the earlier of (1) when an additional $40,000,000, plus
an amount equal to interest and issuance costs associated with bonds issued
under subdivision 4, paragraph (b), above the amount authorized under paragraph
(a), is raised, or (2) December 31, 2037.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Baxter and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 27. Laws 2006, chapter 259, article 3, section 11, subdivision 3, is amended to read:
Subd. 3. Use of revenues. (a) Revenues received from the taxes authorized by subdivisions 1 and 2 must be used to pay the cost of collecting and administering the tax and to finance all or part of the costs of constructing upgraded water and wastewater treatment facilities to serve the cities of Brainerd and Baxter, water infrastructure improvements, and trail development, contingent on approval by Brainerd voters at the November 7, 2006, referendum. Authorized costs include, but are not limited to, acquiring property and paying construction and engineering costs related to the projects.
(b) In addition to the projects
authorized in paragraph (a), the city of Brainerd may, if approved by the
voters at an election under subdivision 5, paragraph (b), spend up to an
additional $15,000,000 from revenues raised from the taxes authorized in
subdivisions 1 and 2 on the following projects:
(1) an upgraded waste treatment
facility jointly serving the cities of Brainerd and Baxter;
(2) with any funds not needed for the
project in clause (1), water infrastructure improvements; and
(3) with any funds not needed for the projects
in clauses (1) and (2), trail improvements.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Brainerd and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 28. Laws 2006, chapter 259, article 3, section 11, subdivision 4, is amended to read:
Subd. 4. Bonds. The city of Brainerd, contingent on approval of the voters at the November 7, 2006, referendum authorizing the imposition of taxes in this section, may issue general obligation bonds of the city, in one or more series, in the aggregate principal amount not to exceed $22,030,000 to finance the projects listed in subdivision 3, paragraph (a). The debt represented by the bonds is not included in computing any debt limitations applicable to Brainerd, and the levy of taxes required by Minnesota Statutes, section 475.61, to pay the principal and interest on the bonds is not subject to any levy limitation or included in computing any levy limitation applicable to the city of Brainerd.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Laws 2006, chapter 259, article 3, section 11, subdivision 5, is amended to read:
Subd. 5. Termination of taxes. (a) The taxes imposed under subdivisions 1 and 2 expire at the earlier of a date 12 years after the imposition of the tax or when the city council first determines that the amount of revenues raised from the taxes to pay for projects under subdivision 3 equals or exceeds $22,030,000 plus any interest on bonds issued for the projects under subdivision 4. Any funds remaining after the expiration of the taxes and retirement of the bonds shall be placed in a capital project fund of the city of Brainerd. The taxes imposed under subdivision 1 and 2 may expire at an earlier time if the city of Brainerd so determines by ordinance.
(b) Notwithstanding Minnesota Statutes,
sections 297A.99 and 477A.016, or any other contrary provision of law,
ordinance, or city charter, the city of Brainerd may, by ordinance, extend the
taxes authorized under subdivisions 1 and 2 beyond the termination date in
paragraph (a) if approved by the voters of the city at a general election held
in 2014. The question put to the voters
must indicate that an affirmative vote would extend the imposition of the taxes
for an additional 18 years or until an additional $15,000,000 above the initial
amount authorized to pay for $22,030,000 in bonds is raised. If extended under this paragraph, the taxes
authorized in subdivisions 1 and 2 will terminate at the earlier of (1) when an
additional $15,000,000 above the amount authorized under paragraph (a) is
raised, or (2) 18 years after the taxes would have expired under paragraph (a).
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Brainerd and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 30. Laws 2013, chapter 143, article 8, section 22, the effective date, is amended to read:
EFFECTIVE DATE.
This section is
effective for sales and purchases made after June 30, 2013. Subdivision
7, paragraph (c), clause (2), is effective for sales and
purchases made after June 30, 2013. The
provisions of subdivision 7, paragraph (b), and paragraph (c), clause (8), are
effective retroactively for sales and purchases made after April 1, 2009. Any vendor who paid sales or use tax on items
now exempt under subdivision 7, paragraph (b), and paragraph (c), clause (8),
that were sold after April 1, 2009, and before July 1, 2013, may apply for a
refund of the sales or use tax paid in the manner provided in Minnesota
Statutes, section 289A.50, subdivision 1, but only if the vendor did not
collect and remit sales tax on the items for which a refund is claimed. Interest on the refund shall be paid at the
rate in Minnesota Statutes, section 270C.405, from 90 days after the refund
claim is filed with the commissioner of revenue. The amount to make the refunds is annually
appropriated to the commissioner of revenue from the general fund. Notwithstanding limitations on claims for
refunds under Minnesota Statutes, section 289A.40, claims may be filed with the
commissioner until June 30, 2015.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 31. Laws 2013, chapter 143, article 8, section 23, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective
for sales and purchases made after June 30, 2013. This section is effective for sales and
purchases made after June 30, 2013, except that the provision regarding
accessories and supplies purchased in a transaction covered by Medicare or
Medicaid that are not already exempt under Minnesota Statutes, section 297A.67,
subdivision 7, and the provision defining "Medicare" and
"Medicaid" are effective retroactively for sales and purchases made
after April 1, 2009. Any vendor who paid
sales or use tax on accessories and supplies purchased in a transaction covered
by Medicare or Medicaid that are not already exempt under Minnesota Statutes,
section 297A.67, subdivision 7, and that were sold after April 1, 2009, and
before July 1, 2013, may apply for a refund of the sales or use tax paid in the
manner provided in Minnesota Statutes, section 289A.50, subdivision 1, but only
if the vendor did not collect and remit sales tax on the accessories and
supplies for which a refund is claimed. Interest
on the refund shall be paid at the rate in Minnesota Statutes, section
270C.405, from 90 days after the refund claim is filed with the commissioner of
revenue. The amount to make the refunds
is annually appropriated to the commissioner of revenue from the general fund. Notwithstanding limitations on claims for
refunds under Minnesota Statutes, section 289A.40, claims may be filed with the
commissioner until June 30, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. Laws 2013, chapter 143, article 8, section 27, the effective date, is amended to read:
EFFECTIVE
DATE. For the purpose of
qualifying under paragraphs (c) and (d), this section is effective retroactively
for sales and purchases made after June 30, 2013 2012. For the purpose of determining eligibility
for the exemptions provided in this section, this section is effective for
sales and purchases of computer software maintenance agreements made after June
30, 2013, and for sales and purchases for either a "qualified refurbished
data center" or a "qualified data center" made after June 30,
2013, except that if the data center qualifies as a "qualified data
center" as defined in Laws 2011, First Special Session chapter 7, article
3, section 7, then the exemptions provided in this section, other than for
computer software maintenance agreements, continue to be effective for sales
and purchases made after June 30, 2012.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. Laws 2013, chapter 143, article 8, section 37, the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective
retroactively to capital investments made and jobs created after December 31,
2012, and effective retroactively for sales and purchases made after December
31, 2012, and before July 1, 2019. Applications
for refunds on purchases exempt under this section must not be filed before
June 30, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. CITY
OF PROCTOR; LOCAL TAXES AUTHORIZED.
Subdivision 1. Food
and beverage tax authorized. Notwithstanding
Minnesota Statutes, section 297A.99 or 477A.016, or any ordinance, city
charter, or other provision of law, the city of Proctor may, by ordinance,
impose a sales tax of up to one percent on the gross receipts of all food and
beverages sold by a restaurant or place of refreshment, as defined by
resolution of the city, that is located within the city. For purposes of this section, "food and
beverages" include retail on-sale of intoxicating liquor and fermented
malt beverages.
Subd. 2. Use
of proceeds from authorized taxes. The
proceeds of the taxes imposed under subdivision 1 must be used by the city to
fund: (1) construction and improvement
of walking and bicycle trails; (2) a multiuse civic center facility and parking
improvements; and (3) improvements related to the redevelopment and realignment
of a road through the fairgrounds property ceded to the city of Proctor by the
city of Duluth.
Subd. 3. Collection,
administration, and enforcement. The
city may enter into an agreement with the commissioner of revenue to
administer, collect, and enforce the taxes under subdivision 1. If the commissioner agrees to collect the
tax, the provisions of Minnesota Statutes, section 297A.99, related to
collection, administration, and enforcement, and Minnesota Statutes, section
270C.171, apply.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Proctor and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 35. DONATED
MATERIALS FOR A LIBRARY EXPANSION.
Building materials and supplies
purchased and donated by a private entity and used in the construction of an
addition to a city library facility occurring before July 1, 2015, are exempt.
EFFECTIVE
DATE. This section is
effective for materials and supplies used in the construction of the addition
between April 1, 2014, and July 1, 2015.
Sec. 36. VALIDATION
OF PRIOR ACT; AUTHORIZATION.
Notwithstanding the time limits in
Minnesota Statutes, section 645.021, the city of Albert Lea may approve Laws
2005, First Special Session chapter 3, article 5, section 38, as amended by
Laws 2006, chapter 259, article 3, section 6, and file its approval with the
secretary of state by June 15, 2014. If
approved as authorized under this section, actions undertaken by the city
pursuant to the approval of the voters on November 8, 2005, and otherwise in
accordance with Laws 2005, First Special Session chapter 3, article 5, section
38, as amended by Laws 2006, chapter 259, article 3, section 6, are validated.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. SALES
TO INSTRUMENTALITIES OF THE STATES.
Sales of the following items to an
organization defined by the Internal Revenue Service as an instrumentality of
each, and all, of the states relating to the holding of an annual meeting in
this state are exempt:
(1) prepared food, soft drinks, and
candy, as defined in Minnesota Statutes, section 297A.61, subdivisions 31 to
33; and
(2) alcoholic beverages, as defined in
Minnesota Statutes, section 297A.67, subdivision 2.
EFFECTIVE
DATE. This section is
applicable to sales and purchases made after June 30, 2014, and before January
1, 2015.
Sec. 38. VOLUNTARY
COMPLIANCE PROGRAM; ANIMAL SHELTERS.
(a) Any Minnesota nonprofit organization
that is primarily engaged in the business of rescuing, sheltering, and finding
homes for unwanted animals, for periods prior to the organization registering
to collect and remit sales and use tax under Minnesota Statutes, chapter 297A,
shall not be liable for any state or local uncollected and unpaid sales and use
tax, penalties, or interest incurred in providing animal rescue, shelter, and
home placement services, if the nonprofit organization registers through the
voluntary compliance program to collect and remit sales and use tax under
Minnesota Statutes, chapter 297A, before January 1, 2015.
(b) The voluntary compliance program
under paragraph (a) also applies to organizations described in paragraph (a)
that received notice of the commencement of an audit prior to registering to
collect and remit sales and use tax under Minnesota Statutes, chapter 297A, as
long as the audit is not finally resolved and the organization registers before
January 1, 2015. Paragraph (a) shall not
apply to sales and use taxes already paid or remitted to the state or to sales
taxes already collected by the organization.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 4
INCOME AND ESTATE TAXES
Section 1. Minnesota Statutes 2013 Supplement, section 116J.8737, subdivision 2, as amended by Laws 2014, chapter 150, article 1, section 2, is amended to read:
Subd. 2. Certification of qualified small businesses. (a) Businesses may apply to the commissioner for certification as a qualified small business or qualified greater Minnesota small business for a calendar year. The application must be in the form and be made under the procedures specified by the commissioner, accompanied by an application fee of $150. Application fees are deposited in the small business investment tax credit administration account in the special revenue fund. The application for certification for 2010 must be made available on the department's Web site by August 1, 2010. Applications for subsequent years' certification must be made available on the department's Web site by November 1 of the preceding year.
(b) Within 30 days of receiving an application for certification under this subdivision, the commissioner must either certify the business as satisfying the conditions required of a qualified small business or qualified greater Minnesota small business, request additional information from the business, or reject the application for certification. If the commissioner requests additional information from the business, the commissioner must either certify the business or reject the application within 30 days of receiving the additional information. If the commissioner neither certifies the business nor rejects the application within 30 days of receiving the original application or within 30 days of receiving the additional information requested, whichever is later, then the application is deemed rejected, and the commissioner must refund the $150 application fee. A business that applies for certification and is rejected may reapply.
(c) To receive certification as a qualified small business, a business must satisfy all of the following conditions:
(1) the business has its headquarters in Minnesota;
(2) at least 51 percent of the business's employees are employed in Minnesota, and 51 percent of the business's total payroll is paid or incurred in the state;
(3) the business is engaged in, or is committed to engage in, innovation in Minnesota in one of the following as its primary business activity:
(i)
using proprietary technology to add value to a product, process, or service in
a qualified high-technology field;
(ii) researching or developing a
proprietary product, process, or service in a qualified high-technology field; or
(iii) researching or developing a
proprietary product, process, or service in the fields of agriculture, tourism,
forestry, mining, manufacturing, or transportation; or
(iii) (iv) researching,
developing, or producing a new proprietary technology for use in the fields of
agriculture, tourism, forestry, mining, manufacturing, or transportation;
(4) other than the activities specifically listed in clause (3), the business is not engaged in real estate development, insurance, banking, lending, lobbying, political consulting, information technology consulting, wholesale or retail trade, leisure, hospitality, transportation, construction, ethanol production from corn, or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants;
(5) the business has fewer than 25 employees;
(6) the business must pay its employees annual wages of at least 175 percent of the federal poverty guideline for the year for a family of four and must pay its interns annual wages of at least 175 percent of the federal minimum wage used for federally covered employers, except that this requirement must be reduced proportionately for employees and interns who work less than full-time, and does not apply to an executive, officer, or member of the board of the business, or to any employee who owns, controls, or holds power to vote more than 20 percent of the outstanding securities of the business;
(7) the business has (i) not been in operation for more than ten years, or (ii) not been in operation for more than 20 years if the business is engaged in the research, development, or production of medical devices or pharmaceuticals for which United States Food and Drug Administration approval is required for use in the treatment or diagnosis of a disease or condition;
(8) the business has not previously received private equity investments of more than $4,000,000;
(9) the business is not an entity disqualified under section 80A.50, paragraph (b), clause (3); and
(10) the business has not issued securities that are traded on a public exchange.
(d) In applying the limit under paragraph (c), clause (5), the employees in all members of the unitary business, as defined in section 290.17, subdivision 4, must be included.
(e) In order for a qualified investment in a business to be eligible for tax credits:
(1) the business must have applied for and received certification for the calendar year in which the investment was made prior to the date on which the qualified investment was made;
(2) the business must not have issued securities that are traded on a public exchange;
(3) the business must not issue securities that are traded on a public exchange within 180 days after the date on which the qualified investment was made; and
(4) the business must not have a liquidation event within 180 days after the date on which the qualified investment was made.
(f) The commissioner must maintain a list of qualified small businesses and qualified greater Minnesota businesses certified under this subdivision for the calendar year and make the list accessible to the public on the department's Web site.
(g) For purposes of this subdivision, the following terms have the meanings given:
(1) "qualified high-technology field" includes aerospace, agricultural processing, renewable energy, energy efficiency and conservation, environmental engineering, food technology, cellulosic ethanol, information technology, materials science technology, nanotechnology, telecommunications, biotechnology, medical device products, pharmaceuticals, diagnostics, biologicals, chemistry, veterinary science, and similar fields;
(2) "proprietary technology" means the technical innovations that are unique and legally owned or licensed by a business and includes, without limitation, those innovations that are patented, patent pending, a subject of trade secrets, or copyrighted; and
(3) "greater Minnesota" means the area of Minnesota located outside of the metropolitan area as defined in section 473.121, subdivision 2.
(h) To receive certification as a qualified greater Minnesota business, a business must satisfy all of the requirements of paragraph (c) and must satisfy the following conditions:
(1) the business has its headquarters in greater Minnesota; and
(2) at least 51 percent of the business's employees are employed in greater Minnesota, and 51 percent of the business's total payroll is paid or incurred in greater Minnesota.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 2. Minnesota Statutes 2012, section 116J.8737, subdivision 5, as amended by Laws 2014, chapter 150, article 1, section 3, is amended to read:
Subd. 5. Credit allowed. (a) (1) A qualified investor or qualified fund is eligible for a credit equal to 25 percent of the qualified investment in a qualified small business. Investments made by a pass-through entity qualify for a credit only if the entity is a qualified fund. The commissioner must not allocate more than $15,000,000
$15,000,000 in credits to qualified investors or qualified funds for taxable years beginning after December 31, 2013, and before January 1, 2017; and
(2) for taxable years beginning after December 31, 2014, and before January 1, 2017, $7,500,000 must be allocated to credits for qualifying investments in qualified greater Minnesota businesses and minority- or women-owned qualified small businesses in Minnesota. Any portion of a taxable year's credits that is reserved for qualifying investments in greater Minnesota businesses and minority- or women-owned qualified small businesses in Minnesota that is not allocated by September 30 of the taxable year is available for allocation to other credit applications beginning on October 1. Any portion of a taxable year's credits that is not allocated by the commissioner does not cancel and may be carried forward to subsequent taxable years until all credits have been allocated.
(b) The commissioner may not allocate more than a total maximum amount in credits for a taxable year to a qualified investor for the investor's cumulative qualified investments as an individual qualified investor and as an investor in a qualified fund; for married couples filing joint returns the maximum is $250,000, and for all other filers the maximum is $125,000. The commissioner may not allocate more than a total of $1,000,000 in credits over all taxable years for qualified investments in any one qualified small business.
(c) The commissioner may not allocate a credit to a qualified investor either as an individual qualified investor or as an investor in a qualified fund if, at the time the investment is proposed:
(1) the investor is an officer or principal of the qualified small business; or
(2) the investor, either individually or in combination with one or more members of the investor's family, owns, controls, or holds the power to vote 20 percent or more of the outstanding securities of the qualified small business.
A member of the family of an individual disqualified by this paragraph is not eligible for a credit under this section. For a married couple filing a joint return, the limitations in this paragraph apply collectively to the investor and spouse. For purposes of determining the ownership interest of an investor under this paragraph, the rules under section 267(c) and 267(e) of the Internal Revenue Code apply.
(d) Applications for tax credits for 2010 must be made available on the department's Web site by September 1, 2010, and the department must begin accepting applications by September 1, 2010. Applications for subsequent years must be made available by November 1 of the preceding year.
(e) Qualified investors and qualified
funds must apply to the commissioner for tax credits. Tax credits must be allocated to qualified
investors or qualified funds in the order that the tax credit request
applications are filed with the department.
The commissioner must approve or reject tax credit request applications
within 15 days of receiving the application.
The commissioner must allocate credits to approved applications if
credits remain available. The
investment specified in the application must be made within 60 days of the
allocation of the credits. If the
investment is not made within 60 days, the credit allocation is canceled and
available for reallocation. A qualified
investor or qualified fund that fails to invest as specified in the
application, within 60 days of allocation of the
credits,
must notify the commissioner of the failure to invest within five business days
of the expiration of the 60-day investment period. Credit applications that were approved but
that did not receive an allocation of credits at the time of approval because
the aggregate limit of credits for the year was exhausted remain eligible for
allocation of credits if additional credits become available due to
cancellations under this paragraph or due to termination of the time period for
credits reserved for investment in qualified greater Minnesota businesses and
minority- and women-owned small businesses under paragraph (a). Approved credit applications that do not
receive credit allocations in the tax year must be resubmitted to be eligible
for credit allocations in the following tax year.
(f) All tax credit request applications filed with the department on the same day must be treated as having been filed contemporaneously. If two or more qualified investors or qualified funds file tax credit request applications on the same day, and the aggregate amount of credit allocation claims exceeds the aggregate limit of credits under this section or the lesser amount of credits that remain unallocated on that day, then the credits must be allocated among the qualified investors or qualified funds who filed on that day on a pro rata basis with respect to the amounts claimed. The pro rata allocation for any one qualified investor or qualified fund is the product obtained by multiplying a fraction, the numerator of which is the amount of the credit allocation claim filed on behalf of a qualified investor and the denominator of which is the total of all credit allocation claims filed on behalf of all applicants on that day, by the amount of credits that remain unallocated on that day for the taxable year.
(g) A qualified investor or qualified fund, or a qualified small business acting on their behalf, must notify the commissioner when an investment for which credits were allocated has been made, and the taxable year in which the investment was made. A qualified fund must also provide the commissioner with a statement indicating the amount invested by each investor in the qualified fund based on each investor's share of the assets of the qualified fund at the time of the qualified investment. After receiving notification that the investment was made, the commissioner must issue credit certificates for the taxable year in which the investment was made to the qualified investor or, for an investment made by a qualified fund, to each qualified investor who is an investor in the fund. The certificate must state that the credit is subject to revocation if the qualified investor or qualified fund does not hold the investment in the qualified small business for at least three years, consisting of the calendar year in which the investment was made and the two following years. The three-year holding period does not apply if:
(1) the investment by the qualified investor or qualified fund becomes worthless before the end of the three-year period;
(2) 80 percent or more of the assets of the qualified small business is sold before the end of the three-year period;
(3) the qualified small business is sold before the end of the three-year period;
(4) the qualified small business's common stock begins trading on a public exchange before the end of the three-year period; or
(5) the qualified investor dies before the end of the three-year period.
(h) The commissioner must notify the commissioner of revenue of credit certificates issued under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 116J.8737, is amended by adding a subdivision to read:
Subd. 5a. Promotion
of credit in greater Minnesota. (a)
By July 1, 2014, the commissioner shall develop a plan to increase awareness of
and use of the credit for investments in qualified greater Minnesota businesses
and minority-owned and women-owned qualified small businesses with the goal
that the portion of the credit reserved for investments in qualified greater
Minnesota businesses and minority-owned and women-owned qualified small
businesses is allocated in full to those investments.
(b)
Beginning with the legislative report due on March 15, 2015, under subdivision
9, the commissioner shall report on its plan under this subdivision and the
results achieved.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2013 Supplement, section 136A.129, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given to them.
(b) "Eligible employer" means a taxpayer under section 290.01 with employees located in greater Minnesota.
(c) "Eligible institution" means a Minnesota public postsecondary institution or a Minnesota private, nonprofit, baccalaureate, or graduate degree-granting college or university.
(d) "Eligible student" means a student enrolled in an eligible institution who has completed one-half of the credits necessary for the respective degree or certification, including a graduate degree.
(e) "Greater Minnesota" means the area of the state outside of the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2013 Supplement, section 136A.129, subdivision 3, is amended to read:
Subd. 3. Program components. (a) An intern must be an eligible student who has been admitted to a major program that is related to the intern experience as determined by the eligible institution.
(b) To participate in the program, an eligible institution must:
(1) enter into written agreements with
eligible employers to provide internships that are at least 12 eight
weeks long and located in greater Minnesota;
(2) determine that the work experience
of the internship is related to the eligible student's course of study; and
(3) (2) provide academic
credit for the successful completion of the internship or ensure that it
fulfills requirements necessary to complete a vocational technical education
program.
(c) To participate in the program, an eligible employer must enter into a written agreement with an eligible institution specifying that the intern:
(1) would not have been hired without the tax credit described in subdivision 4;
(2) did not work for the employer in the same or a similar job prior to entering the agreement;
(3) does not replace an existing employee;
(4) has not previously participated in the program;
(5) will be employed at a location in greater Minnesota;
(6) will be paid at least minimum wage for
a minimum of 16 hours per week for a period of at least 12 eight
weeks; and
(7) will be supervised and evaluated by the employer.
(d) The written agreement between the eligible institution and the eligible employer must certify a credit amount to the employer, not to exceed $2,000 per intern. The total dollar amount of credits that an eligible institution certifies to eligible employers in a calendar year may not exceed the amount of its allocation under subdivision 4.
(e) Participating eligible institutions and eligible employers must report annually to the office. The report must include at least the following:
(1) the number of interns hired;
(2) the number of hours and weeks worked by interns; and
(3) the compensation paid to interns.
(f) An internship required to complete an academic program does not qualify for the greater Minnesota internship program under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2013 Supplement, section 136A.129, subdivision 5, is amended to read:
Subd. 5. Reports
to the legislature. (a) By February
1, 2015 2016, the office and the Department of Revenue shall
report to the legislature on the greater Minnesota internship program. The report must include at least the
following:
(1) the number and dollar amount of credits allowed;
(2) the number of interns employed under the program; and
(3) the cost of administering the program.
(b) By February 1, 2016 2017,
the office and the Department of Revenue shall report to the legislature with
an analysis of the effectiveness of the program in stimulating businesses to
hire interns and in assisting participating interns in finding permanent career
positions. This report must include the
number of students who participated in the program who were subsequently
employed full-time by the employer.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2013 Supplement, section 270B.01, subdivision 8, is amended to read:
Subd. 8. Minnesota tax laws. For purposes of this chapter only, unless expressly stated otherwise, "Minnesota tax laws" means:
(1) the taxes, refunds, and fees administered
by or paid to the commissioner under chapters 115B, 289A (except taxes imposed
under sections 298.01, 298.015, and 298.24), 290, 290A, 291, 292, 295,
297A, 297B, 297H, and 403, or any similar Indian tribal tax administered by the
commissioner pursuant to any tax agreement between the state and the Indian
tribal government, and includes any laws for the assessment, collection, and
enforcement of those taxes, refunds, and fees; and
(2) section 273.1315.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2013 Supplement, section 270B.03, subdivision 1, is amended to read:
Subdivision 1. Who may inspect. Returns and return information must, on request, be made open to inspection by or disclosure to the data subject. The request must be made in writing or in accordance with written procedures of the chief disclosure officer of the department that have been approved by the commissioner to establish the identification of the person making the request as the data subject. For purposes of this chapter, the following are the data subject:
(1) in the case of an individual return, that individual;
(2) in
the case of an income tax return filed jointly, either of the individuals with
respect to whom the return is filed;
(3) in the case of a return filed by a business entity, an officer of a corporation, a shareholder owning more than one percent of the stock, or any shareholder of an S corporation; a general partner in a partnership; the owner of a sole proprietorship; a member or manager of a limited liability company; a participant in a joint venture; the individual who signed the return on behalf of the business entity; or an employee who is responsible for handling the tax matters of the business entity, such as the tax manager, bookkeeper, or managing agent;
(4) in the case of an estate return:
(i) the personal representative or trustee of the estate; and
(ii) any beneficiary of the estate as shown on the federal estate tax return;
(5) in the case of a trust return:
(i) the trustee or trustees, jointly or separately; and
(ii) any beneficiary of the trust as shown in the trust instrument;
(6) if liability has been assessed to a transferee under section 270C.58, subdivision 1, the transferee is the data subject with regard to the returns and return information relating to the assessed liability;
(7) in the case of an Indian tribal government or an Indian tribal government-owned entity,
(i) the chair of the tribal government, or
(ii) any person authorized by the tribal
government; and
(8) in the case of a successor as defined
in section 270C.57, subdivision 1, paragraph (b), the successor is the data
subject and information may be disclosed as provided by section 270C.57,
subdivision 4; and.
(9) in the case of a gift return, the
donor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 289A.02, subdivision 7, as amended by Laws 2014, chapter 150, article 1, section 7, is amended to read:
Subd. 7.
Internal Revenue Code. Unless specifically defined otherwise,
"Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended through December 20, 2013 March 26, 2014.
EFFECTIVE DATE. This section is effective retroactively for
taxable years beginning after December 31, 2012.
Sec. 10. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19, as amended by Laws 2014, chapter 150, article 1, section 9, is amended to read:
Subd. 19. Net income. The term "net income" means the federal taxable income, as defined in section 63 of the Internal Revenue Code of 1986, as amended through the date named in this subdivision, incorporating the federal effective dates of changes to the Internal Revenue Code and any elections made by the taxpayer in accordance with the Internal Revenue Code in determining federal taxable income for federal income tax purposes, and with the modifications provided in subdivisions 19a to 19f.
In the case of a regulated investment company or a fund thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code, federal taxable income means investment company taxable income as defined in section 852(b)(2) of the Internal Revenue Code, except that:
(1) the
exclusion of net capital gain provided in section 852(b)(2)(A) of the Internal
Revenue Code does not apply;
(2) the deduction for dividends paid under section 852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a deduction for capital gain dividends and exempt-interest dividends as defined in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and
(3) the
deduction for dividends paid must also be applied in the amount of any
undistributed capital gains which the regulated investment company elects to
have treated as provided in section 852(b)(3)(D) of the Internal Revenue Code.
The net income of a real estate investment trust as defined and limited by section 856(a), (b), and (c) of the Internal Revenue Code means the real estate investment trust taxable income as defined in section 857(b)(2) of the Internal Revenue Code.
The net income of a designated settlement fund as defined in section 468B(d) of the Internal Revenue Code means the gross income as defined in section 468B(b) of the Internal Revenue Code.
The Internal Revenue Code of 1986, as amended
through December 20, 2013 March 26, 2014, shall be in effect for
taxable years beginning after December 31, 1996.
Except as otherwise provided, references to the Internal Revenue Code in subdivisions 19 to 19f mean the code in effect for purposes of determining net income for the applicable year.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time as the changes
were effective for federal purposes.
Sec. 11. Minnesota Statutes 2012, section 290.01, subdivision 19a, as amended by Laws 2014, chapter 150, article 1, section 10, is amended to read:
Subd. 19a. Additions to federal taxable income. For individuals, estates, and trusts, there shall be added to federal taxable income:
(1)(i) interest income on obligations of any state other than Minnesota or a political or governmental subdivision, municipality, or governmental agency or instrumentality of any state other than Minnesota exempt from federal income taxes under the Internal Revenue Code or any other federal statute; and
(ii) exempt-interest dividends as defined in section 852(b)(5) of the Internal Revenue Code, except:
(A) the
portion of the exempt-interest dividends exempt from state taxation under the
laws of the United States; and
(B) the portion of the exempt-interest dividends derived from interest income on obligations of the state of Minnesota or its political or governmental subdivisions, municipalities, governmental agencies or instrumentalities, but only if the portion of the exempt-interest dividends from such Minnesota sources paid to all shareholders represents 95 percent or more of the exempt-interest dividends, including any dividends exempt under subitem (A), that are paid by the regulated investment company as defined in section 851(a) of the Internal Revenue Code, or the fund of the regulated investment company as defined in section 851(g) of the Internal Revenue Code, making the payment; and
(iii) for the purposes of items (i) and (ii), interest on obligations of an Indian tribal government described in section 7871(c) of the Internal Revenue Code shall be treated as interest income on obligations of the state in which the tribe is located;
(2) the amount of income, sales and use, motor vehicle sales, or excise taxes paid or accrued within the taxable year under this chapter and the amount of taxes based on net income paid, sales and use, motor vehicle sales, or excise taxes paid to any other state or to any province or territory of Canada, to the extent allowed as a deduction under section 63(d) of the Internal Revenue Code, but the addition may not be more than the amount by which the state itemized deduction exceeds the amount of the standard deduction as defined in section 63(c) of the Internal Revenue Code, minus any addition that would have been required under clause (17) if the taxpayer had claimed the standard deduction. For the purpose of this clause, income, sales and use, motor vehicle sales, or excise taxes are the last itemized deductions disallowed under clause (15);
(3) the capital gain amount of a lump-sum distribution to which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of 1986, Public Law 99-514, applies;
(4) the amount of income taxes paid or accrued within the taxable year under this chapter and taxes based on net income paid to any other state or any province or territory of Canada, to the extent allowed as a deduction in determining federal adjusted gross income. For the purpose of this paragraph, income taxes do not include the taxes imposed by sections 290.0922, subdivision 1, paragraph (b), 290.9727, 290.9728, and 290.9729;
(5) the amount of expense, interest, or taxes disallowed pursuant to section 290.10 other than expenses or interest used in computing net interest income for the subtraction allowed under subdivision 19b, clause (1);
(6) the amount of a partner's pro rata share of net income which does not flow through to the partner because the partnership elected to pay the tax on the income under section 6242(a)(2) of the Internal Revenue Code;
(7) 80 percent of the depreciation deduction allowed under section 168(k) of the Internal Revenue Code. For purposes of this clause, if the taxpayer has an activity that in the taxable year generates a deduction for depreciation under section 168(k) and the activity generates a loss for the taxable year that the taxpayer is not allowed to claim for the taxable year, "the depreciation allowed under section 168(k)" for the taxable year is limited to excess of the depreciation claimed by the activity under section 168(k) over the amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses not allowed in the taxable year are allowed, the depreciation under section 168(k) is allowed;
(8) 80 percent of the amount by which the deduction allowed by section 179 of the Internal Revenue Code exceeds the deduction allowable by section 179 of the Internal Revenue Code of 1986, as amended through December 31, 2003;
(9) to the extent deducted in computing federal taxable income, the amount of the deduction allowable under section 199 of the Internal Revenue Code;
(10) the amount of expenses disallowed under section 290.10, subdivision 2;
(11) for taxable years beginning before January 1, 2010, the amount deducted for qualified tuition and related expenses under section 222 of the Internal Revenue Code, to the extent deducted from gross income;
(12) for taxable years beginning before January 1, 2010, the amount deducted for certain expenses of elementary and secondary school teachers under section 62(a)(2)(D) of the Internal Revenue Code, to the extent deducted from gross income;
(13) discharge of indebtedness income resulting from reacquisition of business indebtedness and deferred under section 108(i) of the Internal Revenue Code;
(14) changes to federal taxable income attributable to a net operating loss that the taxpayer elected to carry back for more than two years for federal purposes but for which the losses can be carried back for only two years under section 290.095, subdivision 11, paragraph (c);
(15) to the extent included in the
computation of federal taxable income in taxable years beginning after December
31, 2010, the amount of disallowed itemized deductions, but the amount of
disallowed itemized deductions plus the addition required under clause (2) may
not be more than the amount by which the itemized deductions as allowed under
section 63(d) of the Internal Revenue Code exceeds the amount of the standard
deduction as defined in section 63(c) of the Internal Revenue Code, and reduced
by any addition that would have been required under clause (17) if the taxpayer
had claimed the standard deduction:
(i) the amount of disallowed itemized deductions is equal to the lesser of:
(A) three percent of the excess of the taxpayer's federal adjusted gross income over the applicable amount; or
(B) 80 percent of the amount of the itemized deductions otherwise allowable to the taxpayer under the Internal Revenue Code for the taxable year;
(ii) the term "applicable amount" means $100,000, or $50,000 in the case of a married individual filing a separate return. Each dollar amount shall be increased by an amount equal to:
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof;
(iii) the term "itemized deductions" does not include:
(A) the deduction for medical expenses under section 213 of the Internal Revenue Code;
(B) any deduction for investment interest as defined in section 163(d) of the Internal Revenue Code; and
(C) the deduction under section 165(a) of the Internal Revenue Code for casualty or theft losses described in paragraph (2) or (3) of section 165(c) of the Internal Revenue Code or for losses described in section 165(d) of the Internal Revenue Code;
(16) to the extent included in federal
taxable income in taxable years beginning after December 31, 2010, the
amount of disallowed personal exemptions for taxpayers with federal adjusted
gross income over the threshold amount:
(i)
the disallowed personal exemption amount is equal to the dollar amount of
the number of personal exemptions claimed by the taxpayer in the
computation of federal taxable income allowed under section 151(b) and
(c) of the Internal Revenue Code multiplied by the dollar amount for
personal exemptions under section 151(d)(1) and (2) of the Internal Revenue
Code, as adjusted for inflation by section 151(d)(4) of the Internal Revenue
Code, and by the applicable percentage;
(ii) "applicable percentage" means two percentage points for each $2,500 (or fraction thereof) by which the taxpayer's federal adjusted gross income for the taxable year exceeds the threshold amount. In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the applicable percentage exceed 100 percent;
(iii) the term "threshold amount" means:
(A) $150,000 in the case of a joint return or a surviving spouse;
(B) $125,000 in the case of a head of a household;
(C) $100,000 in the case of an individual who is not married and who is not a surviving spouse or head of a household; and
(D) $75,000 in the case of a married individual filing a separate return; and
(iv) the thresholds shall be increased by an amount equal to:
(A) such dollar amount, multiplied by
(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code for the calendar year in which the taxable year begins, by substituting "calendar year 1990" for "calendar year 1992" in subparagraph (B) thereof; and
(17) to the extent deducted in the computation of federal taxable income, for taxable years beginning after December 31, 2010, and before January 1, 2014, the difference between the standard deduction allowed under section 63(c) of the Internal Revenue Code and the standard deduction allowed for 2011, 2012, and 2013 under the Internal Revenue Code as amended through December 1, 2010.
EFFECTIVE DATE. This section is effective retroactively for
taxable years beginning after December 31, 2012.
Sec. 12. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19b, as amended by Laws 2014, chapter 150, article 1, section 11, is amended to read:
Subd. 19b. Subtractions from federal taxable income. For individuals, estates, and trusts, there shall be subtracted from federal taxable income:
(1) net interest income on obligations of any authority, commission, or instrumentality of the United States to the extent includable in taxable income for federal income tax purposes but exempt from state income tax under the laws of the United States;
(2) if included in federal taxable income, the amount of any overpayment of income tax to Minnesota or to any other state, for any previous taxable year, whether the amount is received as a refund or as a credit to another taxable year's income tax liability;
(3) the amount paid to others, less the amount used to claim the credit allowed under section 290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and transportation of each qualifying child in attending an elementary or secondary school situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of this state may legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the Civil Rights Act of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or tuition as defined in section 290.0674, subdivision 1, clause (1). As used in this clause, "textbooks" includes books and other instructional materials and equipment purchased or leased for use in elementary and secondary schools in teaching only those subjects legally and commonly taught in public elementary and secondary schools in this state. Equipment expenses qualifying for deduction includes expenses as defined and limited in section 290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional books and materials used in the teaching of religious tenets, doctrines, or worship, the purpose of which is to instill such tenets, doctrines, or worship, nor does it include books or materials for, or transportation to, extracurricular activities including sporting events, musical or dramatic events, speech activities, driver's education, or similar programs. No deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or the qualifying child's vehicle to provide such transportation for a qualifying child. For purposes of the subtraction provided by this clause, "qualifying child" has the meaning given in section 32(c)(3) of the Internal Revenue Code;
(4) income as provided under section 290.0802;
(5) to the extent included in federal adjusted gross income, income realized on disposition of property exempt from tax under section 290.491;
(6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E) of the Internal Revenue Code in determining federal taxable income by an individual who does not itemize deductions for federal income tax purposes for the taxable year, an amount equal to 50 percent of the excess of charitable contributions over $500 allowable as a deduction for the taxable year under section 170(a) of the Internal Revenue Code, under the provisions of Public Law 109-1 and Public Law 111-126;
(7) for individuals who are allowed a federal foreign tax credit for taxes that do not qualify for a credit under section 290.06, subdivision 22, an amount equal to the carryover of subnational foreign taxes for the taxable year, but not to exceed the total subnational foreign taxes reported in claiming the foreign tax credit. For purposes of this clause, "federal foreign tax credit" means the credit allowed under section 27 of the Internal Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed under section 904(c) of the Internal Revenue Code minus national level foreign taxes to the extent they exceed the federal foreign tax credit;
(8) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (7), or 19c, clause (12), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c, clause (12), in the case of a shareholder of an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition. The resulting delayed depreciation cannot be less than zero;
(9) job opportunity building zone income as provided under section 469.316;
(10) to the extent included in federal
taxable income, the amount of compensation paid to members of the Minnesota
National Guard or other reserve components of the United States military for
active service, excluding including compensation for services
performed under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
service" means (i) state active service as defined in section 190.05,
subdivision 5a, clause (1); or (ii) federally funded state active service as
defined in section 190.05, subdivision 5b, but and "active
service" excludes includes service performed in accordance
with section 190.08, subdivision 3;
(11) to the extent included in federal taxable income, the amount of compensation paid to Minnesota residents who are members of the armed forces of the United States or United Nations for active duty performed under United States Code, title 10; or the authority of the United Nations;
(12) an amount, not to exceed $10,000, equal to qualified expenses related to a qualified donor's donation, while living, of one or more of the qualified donor's organs to another person for human organ transplantation. For purposes of this clause, "organ" means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow; "human organ transplantation" means the medical procedure by which transfer of a human organ is made from the body of one person to the body of another person; "qualified expenses" means unreimbursed expenses for both the individual and the qualified donor for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses may be subtracted under this clause only once; and "qualified donor" means the individual or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An individual may claim the subtraction in this clause for each instance of organ donation for transplantation during the taxable year in which the qualified expenses occur;
(13) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (13), in the case of a shareholder of a corporation that is an S corporation, minus the positive value of any net operating loss under section 172 of the Internal Revenue Code generated for the tax year of the addition. If the net operating loss exceeds the addition for the tax year, a subtraction is not allowed under this clause;
(14) to the extent included in the federal taxable income of a nonresident of Minnesota, compensation paid to a service member as defined in United States Code, title 10, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief Act, Public Law 108-189, section 101(2);
(15) to the extent included in federal taxable income, the amount of national service educational awards received from the National Service Trust under United States Code, title 42, sections 12601 to 12604, for service in an approved Americorps National Service program;
(16) to the extent included in federal taxable income, discharge of indebtedness income resulting from reacquisition of business indebtedness included in federal taxable income under section 108(i) of the Internal Revenue Code. This subtraction applies only to the extent that the income was included in net income in a prior year as a result of the addition under section 290.01, subdivision 19a, clause (13);
(17) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c);
(18) the amount of expenses not allowed for federal income tax purposes due to claiming the railroad track maintenance credit under section 45G(a) of the Internal Revenue Code;
(19) the amount of the limitation on
itemized deductions under section 68(b) of the Internal Revenue Code; and
(20) the amount of the phaseout of personal
exemptions under section 151(d) of the Internal Revenue Code.; and
(21) to the extent included in federal
taxable income, the amount of qualified transportation fringe benefits
described in section 132(f)(1)(A) and (B) of the Internal Revenue Code. The subtraction is limited to the lesser of
the amount of qualified transportation fringe benefits received in excess of
the limitations under section 132(f)(2)(A) of the Internal Revenue Code for the
year or the difference between the maximum qualified parking benefits
excludable under section 132(f)(2)(B) of the Internal Revenue Code minus the
amount of transit benefits excludable under section 132(f)(2)(A) of the
Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 13. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 31, as amended by Laws 2014, chapter 150, article 1, section 13, is amended to read:
Subd. 31. Internal
Revenue Code. Unless specifically
defined otherwise, "Internal Revenue Code" means the Internal Revenue
Code of 1986, as amended through December 20, 2013 March 26, 2014. Internal Revenue Code also includes any
uncodified provision in federal law that relates to provisions of the Internal
Revenue Code that are incorporated into Minnesota law. When used in this chapter, the reference to
"subtitle A, chapter 1, subchapter N, part 1, of the Internal Revenue
Code" is to the Internal Revenue Code as amended through March 18, 2010.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except the changes incorporated by
federal changes are effective retroactively at the same time as the changes
were effective for federal purposes.
Sec. 14. Minnesota Statutes 2012, section 290.081, is amended to read:
290.081
INCOME OF NONRESIDENTS, RECIPROCITY.
(a) The compensation received for the performance of personal or professional services within this state by an individual whose residence, place of abode, and place customarily returned to at least once a month is in another state, shall be excluded from gross income to the extent such compensation is subject to an income tax imposed by the state of residence; provided that such state allows a similar exclusion of compensation received by residents of Minnesota for services performed therein.
(b) When it is deemed to be in the best interests of the people of this state, the commissioner may determine that the provisions of paragraph (a) shall not apply. As long as the provisions of paragraph (a) apply between Minnesota and Wisconsin, the provisions of paragraph (a) shall apply to any individual who is domiciled in Wisconsin.
(c) For the purposes of paragraph (a),
whenever the Wisconsin tax on Minnesota residents which would have been paid
Wisconsin without paragraph (a) exceeds the Minnesota tax on Wisconsin
residents which would have been paid Minnesota without paragraph (a), or vice
versa, then the state with the net revenue loss resulting from paragraph (a) must
be compensated by shall receive from the other state as provided
in the agreement under paragraph (d) the amount of such loss. This provision shall be effective for all
years beginning after December 31, 1972.
The data used for computing the loss to either state shall be determined
on or before September 30 of the year following the close of the previous
calendar year.
(d) (1) Interest is payable on all amounts calculated under paragraph (c) relating to taxable years beginning after December 31, 2000. Interest accrues from July 1 of the taxable year.
(2) The commissioner of revenue is
authorized to enter into agreements with the state of Wisconsin specifying the
compensation required under paragraph (b), the reciprocity payment due date
dates, conditions constituting delinquency, interest rates, and a method
for computing interest due. Calculation
of compensation under the agreement must specify if the revenue loss is
determined before or after the allowance of each state's credit for taxes paid
to the other state.
(3) For agreements entered into before
October 1, 2014, the annual compensation required under paragraph (c) must
equal at least the net revenue loss minus $1,000,000 per fiscal year.
(4) For agreements entered into after
September 30, 2014, the annual compensation required under paragraph (c) must
equal the net revenue loss per fiscal year.
(5)
For the purposes of clauses (3) and (4), "net revenue loss" means the
difference between the amount of Minnesota income taxes Minnesota forgoes by
not taxing Wisconsin residents on income subject to reciprocity and the credit
Minnesota would have been required to give under section 290.06, subdivision
22, to Minnesota residents working in Wisconsin had there not been reciprocity.
(e) If an agreement cannot be reached as to the amount of the loss, the commissioner of revenue and the taxing official of the state of Wisconsin shall each appoint a member of a board of arbitration and these members shall appoint the third member of the board. The board shall select one of its members as chair. Such board may administer oaths, take testimony, subpoena witnesses, and require their attendance, require the production of books, papers and documents, and hold hearings at such places as are deemed necessary. The board shall then make a determination as to the amount to be paid the other state which determination shall be final and conclusive.
(f) The commissioner may furnish copies of returns, reports, or other information to the taxing official of the state of Wisconsin, a member of the board of arbitration, or a consultant under joint contract with the states of Minnesota and Wisconsin for the purpose of making a determination as to the amount to be paid the other state under the provisions of this section. Prior to the release of any information under the provisions of this section, the person to whom the information is to be released shall sign an agreement which provides that the person will protect the confidentiality of the returns and information revealed thereby to the extent that it is protected under the laws of the state of Minnesota.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2013 Supplement, section 290.091, subdivision 2, as amended by Laws 2014, chapter 150, article 1, section 21, is amended to read:
Subd. 2. Definitions. For purposes of the tax imposed by this
section, the following terms have the meanings given:
(a) "Alternative minimum taxable income" means the sum of the following for the taxable year:
(1) the taxpayer's federal alternative minimum taxable income as defined in section 55(b)(2) of the Internal Revenue Code;
(2) the taxpayer's itemized deductions allowed in computing federal alternative minimum taxable income, but excluding:
(i) the charitable contribution deduction under section 170 of the Internal Revenue Code;
(ii) the medical expense deduction;
(iii) the casualty, theft, and disaster loss deduction; and
(iv) the impairment-related work expenses of a disabled person;
(3) for depletion allowances computed under section 613A(c) of the Internal Revenue Code, with respect to each property (as defined in section 614 of the Internal Revenue Code), to the extent not included in federal alternative minimum taxable income, the excess of the deduction for depletion allowable under section 611 of the Internal Revenue Code for the taxable year over the adjusted basis of the property at the end of the taxable year (determined without regard to the depletion deduction for the taxable year);
(4) to the extent not included in federal alternative minimum taxable income, the amount of the tax preference for intangible drilling cost under section 57(a)(2) of the Internal Revenue Code determined without regard to subparagraph (E);
(5) to the extent not included in federal alternative minimum taxable income, the amount of interest income as provided by section 290.01, subdivision 19a, clause (1); and
(6) the amount of addition required by section 290.01, subdivision 19a, clauses (7) to (9), and (11) to (14);
less the sum of the amounts determined under the following:
(1) interest income as defined in section 290.01, subdivision 19b, clause (1);
(2) an overpayment of state income tax as provided by section 290.01, subdivision 19b, clause (2), to the extent included in federal alternative minimum taxable income;
(3) the amount of investment interest paid or accrued within the taxable year on indebtedness to the extent that the amount does not exceed net investment income, as defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include amounts deducted in computing federal adjusted gross income;
(4) amounts subtracted from federal taxable
income as provided by section 290.01, subdivision 19b, clauses (6), (8) to
(14), and (16), and (21); and
(5) the amount of the net operating loss allowed under section 290.095, subdivision 11, paragraph (c).
In the case of an estate or trust, alternative minimum taxable income must be computed as provided in section 59(c) of the Internal Revenue Code.
(b) "Investment interest" means investment interest as defined in section 163(d)(3) of the Internal Revenue Code.
(c) "Net minimum tax" means the minimum tax imposed by this section.
(d) "Regular tax" means the tax that would be imposed under this chapter (without regard to this section and section 290.032), reduced by the sum of the nonrefundable credits allowed under this chapter.
(e) "Tentative minimum tax" equals 6.75 percent of alternative minimum taxable income after subtracting the exemption amount determined under subdivision 3.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 16. Minnesota Statutes 2013 Supplement, section 290A.03, subdivision 15, as amended by Laws 2014, chapter 150, article 1, section 22, is amended to read:
Subd. 15. Internal
Revenue Code. "Internal Revenue
Code" means the Internal Revenue Code of 1986, as amended through December
20, 2013 March 26, 2014.
EFFECTIVE
DATE. This section is
effective retroactively for property tax refunds based on property taxes
payable after December 31, 2013, and rent paid after December 31, 2012.
Sec. 17. Minnesota Statutes 2013 Supplement, section 291.005, subdivision 1, as amended by Laws 2014, chapter 150, article 3, section 3, is amended to read:
Subdivision 1. Scope. Unless the context otherwise clearly requires, the following terms used in this chapter shall have the following meanings:
(1) "Commissioner" means the commissioner of revenue or any person to whom the commissioner has delegated functions under this chapter.
(2) "Federal gross estate" means the gross estate of a decedent as required to be valued and otherwise determined for federal estate tax purposes under the Internal Revenue Code, increased by the value of any property in which the decedent had a qualifying income interest for life and for which an election was made under section 291.03, subdivision 1d, for Minnesota estate tax purposes, but was not made for federal estate tax purposes.
(3) "Internal Revenue Code" means
the United States Internal Revenue Code of 1986, as amended through March 1
March 26, 2014.
(4) "Minnesota gross estate" means the federal gross estate of a decedent after (a) excluding therefrom any property included in the estate which has its situs outside Minnesota, and (b) including any property omitted from the federal gross estate which is includable in the estate, has its situs in Minnesota, and was not disclosed to federal taxing authorities.
(5) "Nonresident decedent" means an individual whose domicile at the time of death was not in Minnesota.
(6) "Personal representative" means the executor, administrator or other person appointed by the court to administer and dispose of the property of the decedent. If there is no executor, administrator or other person appointed, qualified, and acting within this state, then any person in actual or constructive possession of any property having a situs in this state which is included in the federal gross estate of the decedent shall be deemed to be a personal representative to the extent of the property and the Minnesota estate tax due with respect to the property.
(7) "Resident decedent" means an individual whose domicile at the time of death was in Minnesota.
(8) "Situs of property" means, with respect to:
(i) real property, the state or country in which it is located;
(ii) tangible personal property, the state or
country in which it was normally kept or located at the time of the decedent's
death or for a gift of tangible personal property within three years of death,
the state or country in which it was normally kept or located when the gift was
executed; and
(iii) a qualified work of art, as defined
in section 2503(g)(2) of the Internal Revenue Code, owned by a nonresident
decedent and that is normally kept or located in this state because it is on
loan to an organization, qualifying as exempt from taxation under section
501(c)(3) of the Internal Revenue Code, that is located in Minnesota, the situs
of the art is deemed to be outside of Minnesota, notwithstanding the provisions
of item (ii); and
(iv) intangible personal property, the state or country in which the decedent was domiciled at death or for a gift of intangible personal property within three years of death, the state or country in which the decedent was domiciled when the gift was executed.
For a nonresident decedent with an ownership interest in a pass-through entity with assets that include real or tangible personal property, situs of the real or tangible personal property, including qualified works of art, is determined as if the pass-through entity does not exist and the real or tangible personal property is personally owned by the decedent. If the pass-through entity is owned by a person or persons in addition to the decedent, ownership of the property is attributed to the decedent in proportion to the decedent's capital ownership share of the pass-through entity.
(9) "Pass-through entity" includes the following:
(i) an entity electing S corporation status under section 1362 of the Internal Revenue Code;
(ii) an entity taxed as a partnership under subchapter K of the Internal Revenue Code;
(iii) a single-member limited liability company or similar entity, regardless of whether it is taxed as an association or is disregarded for federal income tax purposes under Code of Federal Regulations, title 26, section 301.7701-3; or
(iv) a trust to the extent the property is includible in the decedent's federal gross estate; but excludes
(v) an entity whose ownership interest securities are traded on an exchange regulated by the Securities and Exchange Commission as a national securities exchange under section 6 of the Securities Exchange Act, United States Code, title 15, section 78f.
EFFECTIVE DATE. This section is effective retroactively for
estates of decedents dying after December 31, 2013.
Sec. 18. Minnesota Statutes 2012, section 291.016, subdivision 1, as added by Laws 2014, chapter 150, article 3, section 4, is amended to read:
Subdivision 1. General. For purposes of the tax under this chapter, the Minnesota taxable estate equals the federal taxable estate as provided under section 2051 of the Internal Revenue Code, without regard to whether the estate is subject to the federal estate tax:
(1) increased by the value of any
property in which the decedent had a qualifying income interest for life and
for which an election was made under section 291.03, subdivision 1d, for
Minnesota estate tax purposes, but was not made for federal estate tax
purposes;
(2) increased by the additions under subdivision 2; and
(2) (3) decreased by the subtraction
under subdivision 3.
EFFECTIVE DATE. This section is effective retroactively for
estates of decedents dying after December 31, 2013.
Sec. 19. Minnesota Statutes 2012, section 291.031, as added by Laws 2014, chapter 150, article 3, section 7, is amended to read:
291.031
CREDITS. (a) The estate of a
nonresident decedent that is subject to tax under this chapter on the value of
Minnesota situs property held in a pass-through entity is allowed a credit
against the tax due under this section 291.03 equal to the lesser
of:
(1) the amount of estate or inheritance tax paid to another state that is attributable to the Minnesota situs property held in the pass-through entity; or
(2) the amount of tax paid under this section attributable to the Minnesota situs property held in the pass-through entity.
(b) The amount of tax attributable to the Minnesota situs property held in the pass-through entity must be determined by the increase in the estate or inheritance tax that results from including the market value of the property in the estate or treating the value as a taxable inheritance to the recipient of the property.
EFFECTIVE DATE. This section is effective retroactively for
estates of decedents dying after December 31, 2013.
Sec. 20. Laws 2014, chapter 150, article 3, section 4, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective retroactively for estates of decedents dying after December 31, 2013, and for taxable gifts made after June 30, 2013.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. DEFINITION
OF TAXABLE GIFT FOR DECEDENTS DYING BEFORE JANUARY 1, 2014.
For estates of decedents dying before
January 1, 2014, "taxable gift" as used by Minnesota Statutes, section
291.005, subdivision 1, paragraph (4), means a transfer by gift which is
included in taxable gifts for federal gift tax purposes under the following
sections of the Internal Revenue Code: section
529; section 530; section 2501(a)(4); section 2503; sections 2511 to 2514; and
sections 2516 to 2519; less the deductions allowed in sections 2522 to 2524 of
the Internal Revenue Code, and after excluding taxable gifts of any property
that has its situs outside Minnesota and including taxable gifts of any property
that has its situs in Minnesota and were not disclosed to federal taxing
authorities.
EFFECTIVE
DATE. This section is
effective retroactively for taxable gifts made after June 30, 2013.
Sec. 22. TEMPORARY
READING CREDIT.
Subdivision 1. Reading
credit. (a) A taxpayer is
allowed a credit, up to $2,000, against the tax imposed by Minnesota Statutes,
chapter 290. The credit amount equals 75
percent of the amount of eligible expenses paid by a taxpayer who is a parent
or guardian of a qualifying child:
(1) who has been evaluated for
determination of a specific learning disability under Minnesota Rules, part
3525.1341, and was not found to meet the criteria under Minnesota Rules, part
3525.1341, subpart 2, to have a specific learning disability; and
(2) for whom the evaluation indicated a
determination of a deficiency in basic reading skills, reading comprehension,
or reading fluency that impair a child to meet expected age or grade-level
standards.
(b) For purposes of this subdivision,
the following definitions apply:
(1) "eligible expenses" means
actual expenses, less the amount of expenses used to claim the credit under
Minnesota Statutes, section 290.0674, subdivision 1, paid by the taxpayer for
tutoring, instruction, or treatment by an instructor and not compensated by
insurance, pretax account, or otherwise, for purposes of meeting the academic
standards required under Minnesota Statutes, section 120B.021;
(2) "instructor" means a person qualifying under Minnesota Statutes, section 120A.22, subdivision 10, clauses (1) to (5), who is not a lineal ancestor or sibling of the qualifying child;
(3) "treatment" means
instruction that:
(i) teaches language decoding skills in
a systematic manner;
(ii) uses recognized diagnostic
assessments to determine what intervention would be most appropriate for
individual students; and
(iii) employs a research-based method;
and
(4) "qualifying child" has the
meaning given in section 32(c)(3) of the Internal Revenue Code.
(c) A taxpayer claiming the credit under
this subdivision must provide documentation of eligibility for the credit in a
form and manner prescribed by the commissioner of revenue in consultation with
the commissioner of education. The
documentation under this paragraph must not disclose any information other than
that necessary to prove eligibility for the credit allowed under this
subdivision.
(d)
For a nonresident or part-year resident, the credit determined under this
section must be allocated based on the percentage calculated under Minnesota
Statutes, section 290.06, subdivision 2c, paragraph (e).
(e) The amount used to claim the credit
under this section must be excluded from any amount subtracted from federal
taxable income under section 290.01, subdivision 19b, clause (3).
Subd. 2. Assignment
of refunds. The provisions of
Minnesota Statutes, section 290.0679, except for subdivision 1, paragraphs (a)
and (b), apply to the assignment of refunds authorized under this section. For purposes of assignment of refund under
this section, a "qualifying taxpayer" means a taxpayer qualified to
receive a credit under this section. In
no case shall any condition for assignment require disclosure of the specific
findings of an evaluation for a specific learning disability.
Subd. 3. Credit
to be refundable. If the
amount of total credits that the claimant is eligible to receive under this
section exceeds the claimant's tax liability under Minnesota Statutes, chapter
290, the commissioner of revenue shall refund the excess to the claimant.
Subd. 4. Appropriation. An amount sufficient to pay the
refunds authorized under this section is appropriated to the commissioner of
revenue from the general fund.
Subd. 5. Report. By March 1, 2016, the commissioner of
revenue, in compliance with Minnesota Statutes, sections 3.195 and 3.197, must
provide a report to the chairs and ranking minority members of the committees
of the house of representatives and senate with jurisdiction over taxes and
education on:
(1)
the number of taxpayers claiming the credit under this section and the average
amount of credits claimed; and
(2) the administration of the credit,
including recommendations for ensuring compliance.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013, and before
January 1, 2015 only.
ARTICLE 5
MINERALS TAXES
Section 1. Minnesota Statutes 2012, section 276A.06, subdivision 3, as amended by Laws 2014, chapter 150, article 6, section 5, is amended to read:
Subd. 3. Apportionment of levy. The county auditor shall apportion the levy of each governmental unit in the county in the manner prescribed by this subdivision. The auditor shall:
(a) by August 20 of 2014 and each
subsequent year, determine the preliminary areawide portion of the levy
for each governmental unit by multiplying the local tax rate of the
governmental unit for the preceding levy year times the distribution value set
forth in subdivision 2, clause (b),;
(b) by September 5 of 2014 and each subsequent year, determine the areawide portion of the levy for each governmental unit by multiplying the preliminary areawide portion of the levy for each governmental unit times a fraction, the numerator of which is the difference between the sum of the preliminary areawide levies for all governmental units in the area minus the school fund allocation and the denominator is the sum of the preliminary areawide levy for all governmental units in the area; and
(b) (c) by September 5 of
2014 and each subsequent year, determine the local portion of the current
year's levy by subtracting the resulting amount from clause (a) from the
governmental unit's current year's levy.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015 and thereafter.
Sec. 2. Minnesota Statutes 2012, section 276A.06, subdivision 5, as amended by Laws 2014, chapter 150, article 6, section 6, is amended to read:
Subd. 5. Areawide
tax rate. On or before August 25 of
1997 and each subsequent year, the county auditor shall certify to the
administrative auditor that the preliminary portion of the levy
of each governmental unit determined pursuant to subdivision 3, clause (a). The administrative auditor shall then
determine the areawide tax rate sufficient to yield an amount equal to the sum
of the levies from the preliminary areawide net tax capacity plus the
school fund allocation. On or before
September 1, the administrative auditor shall certify the areawide tax rate to
each of the county auditors.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015 and thereafter.
Sec. 3. Minnesota Statutes 2013 Supplement, section 298.018, subdivision 1, is amended to read:
Subdivision 1. Within taconite assistance area. The proceeds of the tax paid under sections 298.015 and 298.016 on ores, metals, or minerals mined or extracted within the taconite assistance area defined in section 273.1341, shall be allocated as follows:
(1) five percent to the city or town within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced. If the mining and concentration, or different steps in either process, are carried on in more than one taxing district, the commissioner shall apportion equitably the proceeds among the cities and towns by attributing 50 percent of the proceeds of the tax to the operation of mining or extraction, and the remainder to the concentrating plant and to the processes of concentration, and with respect to each thereof giving due consideration to the relative extent of the respective operations performed in each taxing district;
(2) ten percent to the taconite municipal aid account to be distributed as provided in section 298.282;
(3) ten percent to the school district within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced. If the mining and concentration, or different steps in either process, are carried on in more than one school district, distribution among the school districts must be based on the apportionment formula prescribed in clause (1);
(4) 20 percent to a group of school districts comprised of those school districts wherein the mineral or energy resource was mined or extracted or in which there is a qualifying municipality as defined by section 273.134, paragraph (b), in direct proportion to school district indexes as follows: for each school district, its pupil units determined under section 126C.05 for the prior school year shall be multiplied by the ratio of the average adjusted net tax capacity per pupil unit for school districts receiving aid under this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year ending prior to distribution to the adjusted net tax capacity per pupil unit of the district. Each district shall receive that portion of the distribution which its index bears to the sum of the indices for all school districts that receive the distributions;
(5) 20 percent to the county within which the minerals or energy resources are mined or extracted, or within which the concentrate was produced. If the mining and concentration, or different steps in either process, are carried on in more than one county, distribution among the counties must be based on the apportionment formula prescribed in clause (1), provided that any county receiving distributions under this clause shall pay one percent of its proceeds to the Range Association of Municipalities and Schools;
(6) 20 percent to St. Louis County acting as the counties' fiscal agent to be distributed as provided in sections 273.134 to 273.136;
(7) five percent to the Iron Range Resources and Rehabilitation Board for the purposes of section 298.22;
(8)
five three percent to the Douglas J. Johnson economic protection
trust fund; and
(9) five seven percent to the
taconite environmental protection fund.
The proceeds of the tax shall be distributed on July 15 each year.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 298.28, subdivision 5, as amended by Laws 2014, chapter 150, article 6, section 11, is amended to read:
Subd. 5. Counties. (a) 21.05 cents per taxable ton for distributions in 2015 through 2023, and 26.05 cents per taxable ton for distributions beginning in 2024 is allocated to counties to be distributed, based upon certification by the commissioner of revenue, under paragraphs (b) to (d).
(b) 10.525 cents per taxable ton shall be distributed to the county in which the taconite is mined or quarried or in which the concentrate is produced, less any amount which is to be distributed pursuant to paragraph (c). The apportionment formula prescribed in subdivision 2 is the basis for the distribution.
(c) If an electric power plant owned by and providing the primary source of power for a taxpayer mining and concentrating taconite is located in a county other than the county in which the mining and the concentrating processes are conducted, one cent per taxable ton of the tax distributed to the counties pursuant to paragraph (b) and imposed on and collected from such taxpayer shall be paid to the county in which the power plant is located.
(d) 10.525 cents per taxable ton for distributions in 2015 through 2023, and 15.525 cents per taxable ton for distributions beginning in 2024 shall be paid to the county from which the taconite was mined, quarried or concentrated to be deposited in the county road and bridge fund. If the mining, quarrying and concentrating, or separate steps in any of those processes are carried on in more than one county, the commissioner shall follow the apportionment formula prescribed in subdivision 2.
EFFECTIVE
DATE. This section is
effective for distributions beginning in 2015 and thereafter.
Sec. 5. Minnesota Statutes 2012, section 298.28, subdivision 7a, as added by Laws 2014, chapter 150, article 6, section 13, is amended to read:
Subd. 7a. Iron Range school consolidation and cooperatively operated school account. The following amounts must be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in the Iron Range school consolidation and cooperatively operated school account that is hereby created:
(1) (i) for distributions in 2015 through 2023, ten cents per taxable ton of the tax imposed under section 298.24; and (ii) for distributions beginning in 2024, five cents per taxable ton of the tax imposed under section 298.24;
(2) the amount as determined under section
298.17, paragraph (b), clause (3); and
(3) for distributions in 2015 through
2017, an amount equal to two-thirds of the increased tax proceeds attributable
to the increase in the implicit price deflator as provided in section 298.24,
subdivision 1 (i) for distributions in 2015, an amount equal to
two-thirds of the increased tax proceeds attributable to the increase in the
implicit price deflator as provided in section 298.24, subdivision 1, with the
remaining one-third to be distributed to the Douglas J. Johnson Economic
Protection Trust Fund;
(ii)
for distributions in 2016, an amount equal to two-thirds of the sum of the
increased tax proceeds attributable to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1, for distribution years
2015 and 2016, with the remaining one-third
to be distributed to the Douglas J. Johnson Economic Protection Trust Fund; and
(iii) for distributions in 2017, an
amount equal to two-thirds of the sum of the increased tax proceeds
attributable to the increase in the implicit price deflator as provided in
section 298.24, subdivision 1, for distribution years 2015, 2016, and 2017, with
the remaining one-third to be distributed to the Douglas J. Johnson Economic
Protection Trust Fund; and
(4) any other amount as provided by law.
Expenditures from this account shall be
made only to provide disbursements to assist school districts with the payment
of bonds that were issued for qualified school projects, or for any other school
disbursement as approved by the Iron Range Resources and Rehabilitation Board. For purposes of this section, "qualified
school projects" means school projects within the taconite assistance area
as defined in section 273.1341, that were (1) approved, by referendum, after December
7, 2009 April 3, 2006; and (2) approved by the commissioner of
education pursuant to section 123B.71.
No expenditure under this section shall be made unless approved by seven members of the Iron Range Resources and Rehabilitation Board.
EFFECTIVE
DATE. This section is
effective for distributions beginning in 2015 and thereafter.
Sec. 6. Minnesota Statutes 2013 Supplement, section 298.28, subdivision 10, as amended by Laws 2014, chapter 150, article 6, section 15, is amended to read:
Subd. 10. Increase. (a) Except as provided in paragraph (b), for distributions in 2000 through 2014 and for distributions in 2018 and subsequent years, the amount determined under subdivision 9 shall be increased in the same proportion as the increase in the implicit price deflator as provided in section 298.24, subdivision 1. Beginning with distributions in 2018, the amount determined under subdivision 6, paragraph (a), shall be increased in the same proportion as the increase in the implicit price deflator as provided in section 298.24, subdivision 1.
(b) For distributions in 2005 and subsequent years, an amount equal to the increased tax proceeds attributable to the increase in the implicit price deflator as provided in section 298.24, subdivision 1, for taxes paid in 2005, except for the amount of revenue increases provided in subdivision 4, paragraph (d), is distributed to the grant and loan fund established in section 298.2961, subdivision 4.
(c) For distributions in 2015 through
2017, an amount equal to two-thirds of the increased tax proceeds attributable
to the increase in the implicit price deflator as provided in section 298.24,
subdivision 1, is distributed to the Iron Range school consolidation and
cooperatively operated school account in section 298.28, subdivision 7a, with
the remaining one-third to be distributed to the Douglas J. Johnson Economic
Protection Trust Fund.
EFFECTIVE
DATE. This section is
effective for distributions beginning in 2015 and thereafter.
Sec. 7. Minnesota Statutes 2012, section 298.75, subdivision 2, is amended to read:
Subd. 2. Tax imposed. (a) Except as provided in paragraph (e), a county that imposes the aggregate production tax shall impose upon every operator a production tax of 21.5 cents per cubic yard or 15 cents per ton of aggregate material excavated in the county except that the county board may decide not to impose this tax if it determines that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards of aggregate material from that county. The tax shall not be imposed on aggregate material excavated in the county until the aggregate material is transported from the extraction site or sold, whichever occurs first. When aggregate material is stored in a stockpile within the state of Minnesota and a public highway, road or street is not used for transporting the aggregate material, the tax shall not be imposed until either when the aggregate material is sold, or when it is transported from the stockpile site, or when it is used from the stockpile, whichever occurs first.
(b) Except as provided in paragraph (e), a county that imposes the aggregate production tax under paragraph (a) shall impose upon every importer a production tax of 21.5 cents per cubic yard or 15 cents per ton of aggregate material imported into the county. The tax shall be imposed when the aggregate material is imported from the extraction site or sold. When imported aggregate material is stored in a stockpile within the state of Minnesota and a public highway, road, or street is not used for transporting the aggregate material, the tax shall be imposed either when the aggregate material is sold, when it is transported from the stockpile site, or when it is used from the stockpile, whichever occurs first. The tax shall be imposed on an importer when the aggregate material is imported into the county that imposes the tax.
(c) If the aggregate material is transported directly from the extraction site to a waterway, railway, or another mode of transportation other than a highway, road or street, the tax imposed by this section shall be apportioned equally between the county where the aggregate material is extracted and the county to which the aggregate material is originally transported. If that destination is not located in Minnesota, then the county where the aggregate material was extracted shall receive all of the proceeds of the tax.
(d) A county, city, or town that receives revenue under this section is prohibited from imposing any additional host community fees on aggregate production within that county, city, or town.
(e) A county that borders two other states
and that is not contiguous to a county that imposes a tax under this section
may impose the taxes under paragraphs (a) and (b) at the rate of ten cents per
cubic yard or seven cents per ton. This
paragraph expires December 31, 2014 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Laws 2008, chapter 366, article 10, section 15, is amended to read:
Sec. 15. 2008
DISTRIBUTIONS ONLY.
For distribution in 2008 only, a special fund is established to receive 11.4 cents per ton that otherwise would be allocated under Minnesota Statutes, section 298.28, subdivision 6. If sufficient funds are not available under Minnesota Statutes, section 298.28, subdivision 6, to make the payments required under this section and under Minnesota Statutes, section 298.28, subdivision 6, the remaining amount needed to total 11.4 cents per ton may be taken from funds available under Minnesota Statutes, section 298.28, subdivision 9. If 2008 H. F. No. 1812 is enacted and includes a provision that distributes funds that would otherwise be allocated under Minnesota Statutes, section 298.28, subdivision 6, in a manner different from the distribution required in this section, the distribution in this section supersedes the distribution set in 2008 H. F. No. 1812 notwithstanding Minnesota Statutes, section 645.26. The following amounts are allocated to St. Louis County acting as the fiscal agent for the recipients for the following specified purposes:
(1) two cents per ton must be paid to the Hibbing Economic Development Authority to retire bonds and for economic development purposes;
(2) one cent per ton must be divided among and paid in equal shares to each of the board of St. Louis County School District No. 2142, the board of Ely School District No. 696, the board of Mountain Iron-Buhl School District No. 712, and the board of Virginia School District No. 706 for each to study the potential for and impact of consolidation and streamlining the operations of their school districts;
(3) 0.25 cent per ton must be paid to the city of Grand Rapids, for industrial park work;
(4) 0.65 cent per ton must be paid to the
city of Aitkin, for sewer and water for housing economic development
projects;
(5) 0.5 cent per ton must be paid to the city of Crosby, for well and water tower infrastructure;
(6) 0.5 cent per ton must be paid to the city of Two Harbors, for well and water tower infrastructure;
(7) 1.5 cents per ton must be paid to the city of Silver Bay to pay for health and safety and maintenance improvements at a former elementary school building that is currently owned by the city, to be used for economic development purposes;
(8) 1.5 cents per ton must be paid to St. Louis County to extend water and sewer lines from the city of Chisholm to the St. Louis County fairgrounds;
(9) 1.5 cents per ton must be paid to the White Community Hospital for debt restructuring;
(10) 0.5 cent per ton must be paid to the city of Keewatin for street, sewer, and water improvements;
(11) 0.5 cent per ton must be paid to the city of Calumet for street, sewer, and water improvements; and
(12) one cent per ton must be paid to Breitung township for sewer and water extensions associated with the development of a state park, provided that if a new state park is not established in Breitung township by July 1, 2009, the money provided in this clause must be transferred to the northeast Minnesota economic development fund established in Minnesota Statutes, section 298.2213.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Upon enactment, the city of Aitkin must release all funds under this
section to St. Louis County acting as fiscal agent by July 1, 2014.
Sec. 9. Laws 2013, chapter 143, article 11, section 10, is amended to read:
Sec. 10. 2013
DISTRIBUTION ONLY.
For the 2013 distribution, a special fund is established to receive 38.7 cents per ton of any excess of the balance remaining after distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6. The following amounts are allocated to St. Louis County acting as the fiscal agent for the recipients for the following specific purposes:
(1) 5.1 cents per ton to the city of Hibbing for improvements to the city's water supply system;
(2) 4.3 cents per ton to the city of Mountain Iron for the cost of moving utilities required as a result of actions undertaken by United States Steel Corporation;
(3) 2.5 cents per ton to the city of Biwabik for improvements to the city's water supply system, payable upon agreement with ArcelorMittal to satisfy water permit conditions;
(4) 2 cents per ton to the city of Tower for the Tower Marina;
(5) 2.4 cents per ton to the city of Grand Rapids for an eco-friendly heat transfer system to replace aging effluent lines and for parking lot repaving;
(6) 2.4 cents per ton to the city of Two Harbors for wastewater treatment plant improvements;
(7) 0.9 cents per ton to the city of Ely for the sanitary sewer replacement project;
(8) 0.6
cents per ton to the town of Crystal Bay for debt service of the Claire Nelson
Intermodal Transportation Center;
(9) 0.5 cents per ton to the Greenway Joint Recreation Board for the Coleraine hockey arena renovations;
(10) 1.2 cents per ton for the West Range Regional Fire Hall and Training Center to merge the existing fire services of Coleraine, Bovey, Taconite Marble, Calumet, and Greenway Township;
(11) 2.5 cents per ton to the city of Hibbing for the Memorial Building;
(12) 0.7 cents per ton to the city of Chisholm for public works infrastructure;
(13) 1.8 cents per ton to the Crane Lake Water and Sanitary District for sanitary sewer extension;
(14) 2.5 cents per ton for the city of Buhl for the roof on the Mesabi Academy;
(15) 1.2 cents per ton to the city of Gilbert for the New Jersey/Ohio Avenue project;
(16) 1.5 2.0 cents per ton to
the city of Cook for street improvements, business park infrastructure, and a
maintenance garage;
(17) 0.5 cents per ton to the city of
Cook for a water line project;
(18) (17) 1.8 cents per ton
to the city of Eveleth to be used for Jones Street reconstruction and the city
auditorium;
(19) (18) 0.5 cents per
ton for the city of Keewatin for an electrical substation and water line
replacements;
(20) (19) 3.3 cents per
ton for the city of Virginia for Fourth Street North infrastructure and
Franklin Park improvement; and
(21) (20) 0.5 cents per ton
to the city of Grand Rapids for an economic development project.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. REALLOCATION
OF BOND PAYMENTS.
In each year subsequent to the year in
which the following appropriations terminate under their terms, an amount equal
to the amount payable in 2013 based upon 2012 production of the terminating appropriation
is appropriated from the same sources listed in this section to the Iron Range
school consolidation and cooperatively operated school account under Laws 2014,
chapter 150, article 6, section 13:
(1) Laws 1996, chapter 412, article 5,
section 21, subdivision 3, appropriation for bonds of Independent School
District No. 166, Cook County;
(2) Laws 1996, chapter 412, article 5,
section 20, subdivision 2, appropriation for bonds of Independent School
District No. 696, Ely;
(3) Laws 1996, chapter 412, article 5,
section 20, subdivision 2, appropriation for bonds of Independent School
District No. 706, Virginia:
(4) Laws 1996, chapter 412, article 5,
section 20, subdivision 2, appropriation for bonds of Independent School
District No. 2154, Eveleth-Gilbert;
(5) Laws 1998, chapter 398, article 4,
section 17, subdivision 2, appropriation for bonds of Independent School
District No. 712, Mountain Iron-Buhl;
(6)
Laws 2000, chapter 489, article 5, section 24, subdivision 1, appropriation for
bonds of Independent School District No. 695, Chisholm;
(7) Laws 2000, chapter 489, article 5,
section 25, subdivision 1, appropriation for bonds of Independent School District
No. 316, Greenway-Coleraine;
(8) Laws 2000, chapter 489, article 5,
section 26, subdivision 1, appropriation for bonds of Independent School
District No. 381, Lake Superior; and
(9) Laws 2008, chapter 154, article 8,
section 18, appropriation for bonds of Independent School District No. 2711,
Mesabi East.
EFFECTIVE
DATE. This section is
effective beginning with the distribution in 2015.
Sec. 11. 2014
DISTRIBUTION ONLY.
For the 2014 distribution, a special
fund is established to receive 18.84 cents per ton of any excess of the balance
remaining after distribution of amounts required under Minnesota Statutes,
section 298.28, subdivision 6. The
following amounts are allocated to St. Louis County acting as the fiscal
agent for the recipients for the following specific purposes:
(1) 1.3 cents per ton to the city of
Silver Bay for a water project under Highway 61;
(2) 0.5 cents per ton to the city of
Grand Rapids for soil and landscape remediation at the Reif Center;
(3) 0.65 cents per ton to the city of
LaPrairie for sewer, water, and road improvements to accommodate business
expansion in the city;
(4) 0.78 cents per ton to the city of
Cohasset for an infrastructure project;
(5) 0.39 cents per ton to Balkan
Township for a salt storage building and energy-efficient cold storage
building;
(6) 3.0 cents per ton to the city of
McKinley to construct a water line from the city of Gilbert or the city of
Biwabik to the city of McKinley's distribution center in order to secure a
potable water source for the city, provided that the city of McKinley secures
the remainder of the project costs from other sources, and expires three years
following the date of distribution;
(7) 6.5 cents per ton to the Iron Range
Resources and Rehabilitation Board for township block grants to be distributed
by the board;
(8) 0.5 cents per ton to the city of
Marble for a water main and looping project;
(9) 0.65 cents per ton to the city of
Nashwauk for an infrastructure project;
(10) 0.35 cents per ton to the city of Babbitt
for demolition of a public building;
(11) 0.65 cents per ton to the city of
Hoyt Lakes for a storm water project;
(12) 0.65 cents per ton to the city of
Aurora for an infrastructure project;
(13) 0.65 cents per ton to the town of
Silver Creek for an infrastructure project;
(14)
0.5 cents per ton to the city of Calumet for an infrastructure project;
(15) 0.5 cents per ton to Nashwauk
Township for the Nashwauk town hall;
(16) 0.5 cents per ton to the city of
Biwabik for emergency repair of a wastewater treatment project;
(17) 0.47 cents per ton to the city of
Cuyuna for improvements to city properties and facilities, including
construction, electrical, water, sewer, and site preparation; and
(18) 0.3 cents per ton to Morse
Township for a recreational trail.
EFFECTIVE
DATE. This section is
effective for the 2014 distribution, and all payments must be made separately
and within ten days of the date of the August 2014 payment.
ARTICLE 6
LOCAL DEVELOPMENT
Section 1.
[383A.155] HOUSING IMPROVEMENT
AREAS.
Subdivision 1. Powers
of a housing improvement authority. The
Ramsey County Housing and Redevelopment Authority shall have the powers of a
city under sections 428A.11 to 428A.21 to establish housing improvement areas
in Ramsey County.
Subd. 2. Definitions. (a) For purposes of exercising the
powers in sections 428A.11 to 428A.21, references in those sections to the
terms in paragraphs (b) to (e) have the meanings given them for purposes of
this section.
(b) "Mayor" means the chair of
the Ramsey County Housing and Redevelopment Authority.
(c) "Council" or
"governing body of the city" means the Ramsey County Housing and
Redevelopment Authority.
(d) "City clerk" means the
person designated by the Ramsey County Housing and Redevelopment Authority to
carry out the duties of the city clerk under sections 428A.11 to 428A.21.
(e) "Enabling ordinance"
means a resolution adopted under subdivision 3 by the Ramsey County Housing and
Redevelopment Authority.
Subd. 3. Establishment
of housing improvement areas. The
Ramsey County Housing and Redevelopment Authority may adopt a resolution
establishing one or more housing improvement areas within the county under this
section. The Ramsey County Housing and
Redevelopment Authority shall send a copy of each petition for the
establishment of a housing improvement area to the city in which the proposed
housing improvement area is located. The
public hearings under sections 428A.13 and 428A.14 may be held at the times and
places determined by the Ramsey County Housing and Redevelopment Authority,
except that they must be held at least 30 days after the date the applicable
petition was sent to the city. If the
city council adopts a resolution opposing the establishment within 30 days of
the date the copy of the petition was sent to the city under this subdivision,
the Ramsey County Housing and Redevelopment Authority may not establish the
proposed housing improvement area.
Subd. 4. Applicability. Except as otherwise provided in this
section, sections 428A.11 to 428A.21 apply to the establishment of a housing
improvement area by the Ramsey County Housing and Redevelopment Authority.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 383D.41, is amended by adding a subdivision to read:
Subd. 11. Tax
credit allocation threshold criteria.
(a) In addition to the projects described in section 462A.222,
subdivision 3, paragraph (d), the Dakota County Community Development Agency may
allocate tax credits in the first round for up to three projects of the
following type: new construction or
substantial rehabilitation multifamily housing projects that are not restricted
to persons who are 55 years of age or older and that are located within one of
the following areas at the time a reservation for tax credits is made:
(1) an area within one-half mile of a
completed or planned light rail transit way, bus rapid transit way, or commuter
rail station;
(2) an area within one-fourth mile from
any stop along a high-frequency local bus line;
(3) an area within one-half mile from a
bus stop or station on a high-frequency express route;
(4) an area within one-half mile from a
park and ride lot; or
(5) an area within one-fourth mile of a
high-service public transportation fixed route stop.
(b) For purposes of this section, the
following terms have the meaning given them:
(1) "high-frequency local bus
line" means a local bus route providing service at least every 15 minutes
and running between 6:00 a.m. and 7:00 p.m. on weekdays and between 9:00 a.m. and
6:00 p.m. on Saturdays;
(2) "high-frequency express
route" means an express route with bus service providing six or more trips
during at least one of the peak morning hours between 6:00 a.m. and 9:00 a.m. and
every ten minutes during the peak morning hour; and
(3)
"high-service public transportation fixed route stop" means a stop
serviced between 6:00 a.m. and 7:00 p.m. on weekdays and 9:00 a.m. and 6:00
p.m. on Saturdays and with service approximately every 30 minutes during that
time.
EFFECTIVE
DATE. This section is
effective beginning with the 2015 allocation of tax credit.
Sec. 3. Minnesota Statutes 2012, section 469.1763, subdivision 3, is amended to read:
Subd. 3. Five-year rule. (a) Revenues derived from tax increments are considered to have been expended on an activity within the district under subdivision 2 only if one of the following occurs:
(1) before or within five years after certification of the district, the revenues are actually paid to a third party with respect to the activity;
(2) bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party before or within five years after certification, the revenues are spent to repay the bonds, and the proceeds of the bonds either are, on the date of issuance, reasonably expected to be spent before the end of the later of (i) the five-year period, or (ii) a reasonable temporary period within the meaning of the use of that term under section 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund;
(3) binding contracts with a third party are entered into for performance of the activity before or within five years after certification of the district and the revenues are spent under the contractual obligation;
(4) costs with respect to the activity are paid before or within five years after certification of the district and the revenues are spent to reimburse a party for payment of the costs, including interest on unreimbursed costs; or
(5) expenditures are made for housing purposes as permitted by subdivision 2, paragraphs (b) and (d), or for public infrastructure purposes within a zone as permitted by subdivision 2, paragraph (e).
(b) For purposes of this subdivision, bonds include subsequent refunding bonds if the original refunded bonds meet the requirements of paragraph (a), clause (2).
(c) For a redevelopment district or a renewal and renovation district certified after June 30, 2003, and before April 20, 2009, the five-year periods described in paragraph (a) are extended to ten years after certification of the district. For a redevelopment district certified after April 20, 2009, and before June 30, 2012, the five-year periods described in paragraph (a) are extended to eight years after certification of the district. This extension is provided primarily to accommodate delays in development activities due to unanticipated economic circumstances.
EFFECTIVE
DATE. This section is effective
for districts for which the request for certification was made after April 20,
2009.
Sec. 4. Minnesota Statutes 2012, section 469.177, subdivision 3, is amended to read:
Subd. 3. Tax
increment, relationship to chapters 276A and 473F. (a) Unless the governing body elects
pursuant to paragraph (b) the following method of computation shall apply to a
district other than an economic development district for which the request
for certification was made after June 30, 1997:
(1) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority.
(b) The following method of computation
applies to any economic development district for which the request for
certification was made after June 30, 1997, and to any other district for
which the governing body, by resolution approving the tax increment financing
plan pursuant to section 469.175, subdivision 3, elects:
(1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of chapter 276A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to section 276A.06, subdivision 7, or 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority.
(3) An election by the governing body pursuant to paragraph (b) shall be submitted to the county auditor by the authority at the time of the request for certification pursuant to subdivision 1.
(c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b).
EFFECTIVE
DATE. This section is
effective for districts for which the request for certification is made after
June 30, 2014.
Sec. 5. Laws 2013, chapter 143, article 9, section 23, is amended to read:
Sec. 23. CITY
OF BLOOMINGTON; OLD CEDAR AVENUE BRIDGE.
(a) Notwithstanding any law to the contrary, the city of Bloomington shall transfer from the tax increment financing accounts for its Tax Increment Financing District No. 1-C and Tax Increment Financing District No. 1-G an amount equal to the tax increment for each district that is computed under the provisions of Minnesota Statutes, section 473F.08, subdivision 3c, for taxes payable in 2014 to an account or fund established for the repair, restoration, or replacement of the Old Cedar Avenue bridge for use by bicycle commuters and recreational users. The city is authorized to and must use the transferred funds to complete the repair, renovation, or replacement of the bridge.
(b) Upon completion of the repair,
restoration, or replacement of the bridge, the city may use any remaining funds
in the account for expenditures as provided in this paragraph and that use is
deemed to be a permitted use of the increments, regardless of whether it is for
improvements within the project area. If
the city elects to use the authority under this paragraph, the remaining funds
must be spent for the following items and improvements in the following order
of priority:
(1) signage for the Old Cedar Avenue
bridge that is consistent with the number, design, size, and placement of the
city's signage for the Normandale Lake District;
(2) kiosks and other wayfinding aids
for users of the Old Cedar Avenue bridge and immediately adjacent parkland
areas; and
(3) bicycle and pedestrian trail
improvements that provide access to the Old Cedar Avenue bridge.
(b) (c) No signs, plaques, or
markers acknowledging or crediting donations for, sponsorships of, or naming
rights may be posted on or in the vicinity of the Old Cedar Avenue bridge.
EFFECTIVE
DATE. This section is
effective without local approval under Minnesota Statutes, section 645.023,
subdivision 1, paragraph (a).
Sec. 6. CITY
OF BAXTER; TAX INCREMENT FINANCING DISTRICT; PROJECT REQUIREMENT.
Subdivision 1. Addition
of parcels to district. Notwithstanding
Minnesota Statutes, sections 469.174, subdivision 12; 469.176, subdivision 4c;
or any other law to the contrary, the governing body of the city of Baxter may
elect to expand the boundaries of the Isle Drive Tax Increment Financing
District to include the real property described as tax parcel number 034120010010009
in the city of Baxter, Crow Wing County, Minnesota.
Subd. 2. Original
tax capacity of district. Upon
addition of the property described in subdivision 1 to the Isle Drive Tax
Increment Financing District, the Crow Wing County auditor shall increase the
original tax capacity of Isle Drive Tax Increment Financing District by the
amount required by Minnesota Statutes, section 469.177, except as provided in
subdivision 3.
Subd. 3. Prior
planned improvements. Minnesota
Statutes, section 469.177, subdivision 4, does not apply to the property
described in subdivision 1 added to the Isle Drive Tax Increment Financing
District.
Subd. 4. Use
of increments. Tax increments
and other revenues derived from any portion of the Isle Drive Tax Increment
Financing District, as expanded under this section, may be used to reimburse or
otherwise pay for allowable expenditures under the plan budget for the Isle
Drive Tax Increment Financing District, as amended in accordance with Minnesota
Statutes, section 469.175, subdivision 4.
Subd. 5. Approval
and effect of modification. If
the governing body of the city elects to exercise the authority provided in
subdivision 1 to modify the district, the following conditions apply:
(1) the city must comply with Minnesota
Statutes, section 469.175, subdivision 4; and
(2) beginning with the subsequent
calendar year, except as otherwise provided in this section, the district is
subject to the provisions of Minnesota Statutes, sections 469.174 to 469.1794,
as if the request for certification of the entire district was made on December
30, 2011, the date the original request for certification for the Isle Drive
Tax Increment Financing District was made.
EFFECTIVE
DATE. This section is
effective upon approval by the governing body of the city of Baxter and upon
compliance by the city with Minnesota Statutes, section 645.021, subdivisions 2
and 3.
Sec. 7. CITY
OF EAGAN; TAX INCREMENT FINANCING.
(a) Effective for taxes payable in 2015,
the city of Eagan may elect to compute tax increment for the Cedar Grove Tax
Increment Financing District using the current local tax rate, notwithstanding
the provisions of Minnesota Statutes, section 469.177, subdivision 1a.
(b) The requirements of Minnesota
Statutes, section 469.1763, subdivision 3, that activities must be undertaken
within a five-year period from the date of certification of a tax increment
financing district, is considered to be met for the Cedar Grove Tax Increment
Financing District in the city of Eagan if the activities are undertaken within
13 years from the date of certification of the district.
(c) Notwithstanding the provisions of
Minnesota Statutes, section 469.176, subdivision 1b, or any other law to the
contrary, the city of Eagan may collect tax increment from the Cedar Grove Tax
Increment Financing District through December 31, 2032.
EFFECTIVE
DATE. Paragraphs (a) and (b)
are effective upon compliance by the governing body of the city of Eagan with
the requirements of Minnesota Statutes, section 645.021, subdivision 3. Paragraph (c) is effective upon compliance by
the governing bodies of the city of Eagan, Dakota County, and Independent
School District No. 191 with the requirements of Minnesota Statutes,
sections 469.1782, subdivision 2, and 645.021, subdivision 3.
Sec. 8. CITY
OF EDINA; TAX INCREMENT FINANCING.
Subdivision 1. Authority
to create districts. (a) The
governing body of the city of Edina or its development authority may establish
one or more tax increment financing housing districts in the Southeast Edina
Redevelopment Project Area, as the boundaries exist on March 31, 2014.
(b) The authority to request
certification of districts under this section expires on June 30, 2017.
Subd. 2. Rules
governing districts. (a)
Housing districts established under this section are subject to the provisions
of Minnesota Statutes, sections 469.174 to 469.1794, except as otherwise
provided in this subdivision.
(b) Notwithstanding the provisions of
Minnesota Statutes, section 469.176, subdivision 1b, no increment must be paid
to the authority after 20 years after receipt by the authority of the first
increment from a district established under this section.
(c) Notwithstanding the provisions of
Minnesota Statutes, section 469.1761, subdivision 3, for a residential rental
project, the city may elect to substitute "20 percent" for "40
percent" in the 40-60 test under section 142(d)(1)(B) of the Internal
Revenue Code in determining the applicable income limits.
(d) The provisions of Minnesota
Statutes, section 469.1761, subdivision 3, apply for a 25-year period beginning
on the date of certification of the district.
Subd. 3. Pooling
authority. The city may elect
to treat expenditures of increment from the Southdale 2 district for a housing
project of a district established under this section as expenditures qualifying
under Minnesota Statutes, section 469.1763, subdivision 2, paragraph (d): (1) without regard to whether the housing
meets the requirement of a qualified building under section 42 of the Internal
Revenue Code; and (2) may increase by an additional 25 percentage points the
permitted amount of expenditures for activities located outside the geographic
area of the district permitted under that section.
EFFECTIVE
DATE. This section is
effective upon compliance by the governing body of the city of Edina with the
requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 9. CITY
OF MAPLE GROVE; TAX INCREMENT FINANCING DISTRICT.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "City" means the city of
Maple Grove.
(c) "Project area" means the
area in the city commencing at a point 130 feet East and 120 feet North of the
southwest corner of the Southeast Quarter of Section 23, Township 119, Range
22, Hennepin County, said point being on the easterly right-of-way line of
Hemlock Lane; thence northerly along said easterly right-of-way line of Hemlock
Lane to a point on the west line of the east one-half of the Southeast Quarter
of section 23, thence south along said west line a distance of 1,200 feet;
thence easterly to the east line of Section 23, 1,030 feet North from the
southeast corner thereof; thence South 74 degrees East 1,285 feet; thence East
a distance of 1,000 feet; thence North 59 degrees West a distance of 650 feet;
thence northerly to a point on the northerly right-of-way line of 81st Avenue
North, 650 feet westerly measured at right angles, from the east line of the
Northwest Quarter of Section 24; thence North 13 degrees West a distance of 795
feet; thence West to the west line of the Southeast Quarter of the Northwest
Quarter of Section 24; thence North 55 degrees West to the south line of the
Northwest Quarter of the Northwest Quarter of Section 24; thence West along
said south line to the east right-of-way line of Zachary Lane; thence North
along the east right-of-way line of Zachary Lane to the southwest corner of Lot
1, Block 1, Metropolitan Industrial Park 5th Addition; thence East along the
south line of said Lot 1 to the northeast corner of Outlot A, Metropolitan
Industrial
Park 5th Addition; thence South along the east line of said Outlot A and its
southerly extension to the south right-of-way line of County State-Aid Highway
(CSAH) 109; thence easterly along the south right-of-way line of CSAH 109 to
the east line of the Northwest Quarter of the Northeast Quarter of Section 24;
thence South along said east line to the north line of the South Half of the
Northeast Quarter of Section 24; thence East along said north line to the
westerly right-of-way line of Jefferson Highway North; thence southerly along
the westerly right-of-way line of Jefferson Highway to the centerline of CSAH
130; thence continuing South along the west right-of-way line of Pilgrim Lane
North to the westerly extension of the north line of Outlot A, Park North
Fourth Addition; thence easterly along the north line of Outlot A, Park North
Fourth Addition to the northeast corner of said Outlot A; thence southerly
along the east line of said Outlot A to the southeast corner of said Outlot A;
thence easterly along the south line of Lot 1, Block 1, Park North Fourth
Addition to the westerly right-of-way line of State Highway 169; thence
southerly, southwesterly, westerly, and northwesterly along the westerly
right-of-way line of State Highway 169 and the northerly right-of-way line of
Interstate 694 to its intersection with the southerly extension of the easterly
right-of-way line of Zachary Lane North; thence northerly along the easterly
right-of-way line of Zachary Lane North and its northerly extension to the
north right-of-way line of CSAH 130; thence westerly, southerly, northerly,
southwesterly, and northwesterly to the point of beginning and there
terminating, provided that the project area includes the rights-of-way for all
present and future highway interchanges abutting the area described in this
paragraph.
(d) "Soil deficiency
district" means a type of tax increment financing district consisting of a
portion of the project area in which the city finds by resolution that the
following conditions exist:
(1) unusual terrain or soil
deficiencies that occurred over 80 percent of the acreage in the district
require substantial filling, grading, or other physical preparation for use;
and
(2) the estimated cost of the physical
preparation under clause (1), but excluding costs directly related to roads as
defined in Minnesota Statutes, section 160.01, and local improvements as
described in Minnesota Statutes, sections 429.021, subdivision 1, clauses (1)
to (7), (11), and (12), and 430.01, exceeds the fair market value of the land
before completion of the preparation.
Subd. 2. Special
rules. (a) If the city
elects, upon the adoption of the tax increment financing plan for a district,
the rules under this section apply to a redevelopment district, renewal and
renovation district, soil condition district, or soil deficiency district
established by the city or a development authority of the city in the project
area.
(b) Prior to or upon the adoption of
the first tax increment plan subject to the special rules under this
subdivision, the city must find by resolution that parcels consisting of at
least 80 percent of the acreage of the project area, excluding street and
railroad rights-of-way, are characterized by one or more of the following
conditions:
(1) peat or other soils with
geotechnical deficiencies that impair development of commercial buildings or
infrastructure;
(2) soils or terrain that require
substantial filling in order to permit the development of commercial buildings
or infrastructure;
(3) landfills, dumps, or similar
deposits of municipal or private waste;
(4) quarries or similar resource
extraction sites;
(5) floodway; and
(6) substandard buildings, within the
meaning of Minnesota Statutes, section 469.174, subdivision 10.
(c)
For the purposes of paragraph (b), clauses (1) to (5), a parcel is
characterized by the relevant condition if at least 70 percent of the area of
the parcel contains the relevant condition.
For the purposes of paragraph (b), clause (6), a parcel is characterized
by substandard buildings if substandard buildings occupy at least 30 percent of
the area of the parcel.
(d) The five-year rule under Minnesota
Statutes, section 469.1763, subdivision 3, is extended to eight years for any
district, and Minnesota Statutes, section 469.1763, subdivision 4, does not
apply to any district.
(e) Notwithstanding any provision to
the contrary in Minnesota Statutes, section 469.1763, subdivision 2, paragraph
(a), not more than 40 percent of the total revenue derived from tax increments
paid by properties in any district, measured over the life of the district, may
be expended on activities outside the district but within the project area.
(f) For a soil deficiency district:
(1) increments may be collected through
20 years after the receipt by the authority of the first increment from the
district;
(2) increments may be used only to:
(i) acquire parcels on which the
improvements described in item (ii) will occur;
(ii) pay for the cost of correcting the
unusual terrain or soil deficiencies and the additional cost of installing
public improvements directly caused by the deficiencies; and
(iii) pay for the administrative
expenses of the authority allocable to the district; and
(3) any parcel acquired with increments
from the district must be sold at no less than their fair market value.
(g) Increments spent for any
infrastructure costs, whether inside a district or outside a district but
within the project area, are deemed to satisfy the requirements of Minnesota
Statutes, section 469.176, subdivision 4j.
(h) The authority to approve tax
increment financing plans to establish tax increment financing districts under
this section expires June 30, 2020.
EFFECTIVE
DATE. This section is
effective upon compliance with Minnesota Statutes, section 645.021, subdivision
3.
Sec. 10. CITY
OF MOUND; TAX INCREMENT FINANCING.
The requirements of Minnesota Statutes,
section 469.1763, subdivision 3, that activities must be undertaken within a
five-year period from the date of certification of a tax increment financing
district, are considered to be met for the Mound Harbor Tax Increment Financing
District administered by the Housing and Redevelopment Authority in and for the
city of Mound if the activities are undertaken within 13 years from the date of
certification of the district.
EFFECTIVE
DATE. The section is
effective upon compliance by the governing body of the city of Mound with the
requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 11. CITY
OF NORTH ST. PAUL; TAX INCREMENT FINANCING; PARCELS DEEMED OCCUPIED.
(a)
If the city of North St. Paul authorizes the creation of a redevelopment
tax increment financing district under Minnesota Statutes, section 469.174,
subdivision 10, parcel number 122922330059 is deemed to meet the requirements
of Minnesota Statutes, section 469.174, subdivision 10, paragraph (d),
notwithstanding any contrary provisions of that paragraph, if the following
conditions are met:
(1) buildings located on the parcel
were demolished after the city of North St. Paul adopted a resolution
under Minnesota Statutes, section 469.174, subdivision 10, paragraph (d),
clause (3);
(2) the buildings were removed either
by the city of North St. Paul or by the owner of the property by entering
into a development agreement; and
(3)
the request for certification of the parcel as part of a district is filed with
the county auditor by December 31, 2017.
(b) The city of North St. Paul may
elect to use the current value for purposes of calculating original net tax
capacity for the parcels deemed occupied under paragraph (a), notwithstanding
the provisions of Minnesota Statutes, sections 469.174, subdivision 10,
paragraph (d), and 469.177, subdivision 1, paragraph (f).
EFFECTIVE
DATE. This section is
effective upon compliance by the governing body of the city of North St. Paul
with the requirements of Minnesota Statutes, section 645.021, subdivisions 2
and 3.
Sec. 12. CITY
OF SAVAGE; TAX INCREMENT FINANCING DISTRICT.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "City" means the city of
Savage.
(c) "Project area" means
parcel numbers 26-931-023-0, 26-931-022-0, 26-931-039-0, 26-931-041-0,
26-931-018-1, 26-931-043-0, 26-931-020-0, 26-931-021-0, 26-931-035-0,
26-931-040-0, 26-931-036-0, 26-931-037-0, 26-931-038-0, and 26-931-0310.
(d) "Soil deficiency
district" means a type of tax increment financing district consisting of a
portion of the project area in which the city finds by resolution that the
following conditions exist:
(1) unusual terrain or soil
deficiencies that occurred over 80 percent of the acreage in the district
require substantial filling, grading, or other physical preparation for use;
and
(2) the estimated cost of the physical
preparation under clause (1), but excluding costs directly related to roads as
defined in Minnesota Statutes, section 160.01, and local improvements as described
in Minnesota Statutes, sections 429.021, subdivision 1, clauses (1) to (7),
(11), and (12), and 430.01, exceeds the fair market value of the land before
completion of the preparation.
Subd. 2. Special
rules. (a) If the city
elects, upon the adoption of the tax increment financing plan for a district,
the rules under this section apply to a redevelopment district, renewal and
renovation district, soil condition district, or soil deficiency district
established by the city or a development authority of the city in the project
area.
(b) Prior to or upon the adoption of
the first tax increment plan subject to the special rules under this
subdivision, the city must find by resolution that parcels consisting of at
least 80 percent of the acreage of the project area, excluding street and
railroad rights-of-way, are characterized by one or more of the following
conditions:
(1) peat or other soils with
geotechnical deficiencies that impair development of commercial buildings or
infrastructure;
(2)
soils or terrain that require substantial filling in order to permit the
development of commercial buildings or infrastructure;
(3) landfills, dumps, or similar
deposits of municipal or private waste;
(4) quarries or similar resource
extraction sites;
(5) floodway; and
(6) substandard buildings, within the
meaning of Minnesota Statutes, section 469.174, subdivision 10.
(c) For the purposes of paragraph (b),
clauses (1) to (5), a parcel is characterized by the relevant condition if at
least 70 percent of the area of the parcel contains the relevant condition. For the purposes of paragraph (b), clause
(6), a parcel is characterized by substandard buildings if substandard
buildings occupy at least 30 percent of the area of the parcel.
(d) The five-year rule under Minnesota
Statutes, section 469.1763, subdivision 3, is extended to eight years for any
district, and Minnesota Statutes, section 469.1763, subdivision 4, does not
apply to any district.
(e) Notwithstanding any provision to
the contrary in Minnesota Statutes, section 469.1763, subdivision 2, paragraph
(a), not more than 40 percent of the total revenue derived from tax increments
paid by properties in any district, measured over the life of the district, may
be expended on activities outside the district but within the project area.
(f) For a soil deficiency district:
(1) increments may be collected through
20 years after the receipt by the authority of the first increment from the
district;
(2) increments may be used only to:
(i) acquire parcels on which the
improvements described in item (ii) will occur;
(ii) pay for the cost of correcting the
unusual terrain or soil deficiencies and the additional cost of installing
public improvements directly caused by the deficiencies; and
(iii) pay for the administrative
expenses of the authority allocable to the district; and
(3) any parcel acquired with increments
from the district must be sold at no less than their fair market value.
(g) Increments spent for any
infrastructure costs, whether inside a district or outside a district but
within the project area, are deemed to satisfy the requirements of Minnesota
Statutes, section 469.176, subdivision 4j.
(h) The authority to approve tax
increment financing plans to establish tax increment financing districts under
this section expires June 30, 2020.
EFFECTIVE
DATE. This section is
effective upon compliance with Minnesota Statutes, section 645.021, subdivision
3.
Sec. 13. SHOREVIEW
TAX INCREMENT FINANCING PILOT PROJECT.
Subdivision 1. Authority
to establish districts. (a)
The governing body of the city of Shoreview or a development authority it
designates may establish not more than three economic development tax increment
financing districts in the city subject to the special rules under this section. The purpose of these districts is the
retention and expansion of existing businesses in the city and the attraction
of new business to the state to create and retain high paying jobs.
(b) The authority to establish or
approve the tax increment financing plans and request certification for
districts under this section expires on June 30, 2019.
Subd. 2. Qualified
businesses. For purposes of
this section, a "qualified business" must satisfy the following
requirements:
(1) the business must qualify under one
of the following when the tax increment financing plan is approved:
(i) it operates at a location in the
city of Shoreview;
(ii) it does not have substantial
operations in Minnesota; or
(iii) the assistance is provided for
relocation of a portion of the business's operation from another state;
(2) the expansion or location of the
operations of the business in the city, as provided in the business subsidy
agreement under Minnesota Statues, sections 116J.993 to 116J.995, will result
in an increase in manufacturing, research, service, or professional jobs, at
least 75 percent of which pay an average wage or salary that is equal to or
greater than 25 percent of the median wage or salary for all jobs within the
metropolitan area; and
(3) the business is not engaged in
making retail sales or in providing other services, such as legal, medical,
accounting, financial, entertainment, or similar services, to third parties at
the location receiving assistance.
Subd. 3. Applicable
rules. (a) Unless otherwise
stated, the provisions of Minnesota Statutes, sections 469.174 to 469.1794,
apply to districts established under this section.
(b) Notwithstanding the provisions of
section 469.176, subdivision 1b, the duration limit for districts created under
this section is 12 years after the receipt of the first increment.
(c) The provisions of Minnesota
Statutes, section 469.176, subdivision 4c, apply to determining the permitted
uses of increments from the districts with the following exceptions:
(1) any building and facilities must be
for a qualified business;
(2) the building and facilities must
not be used by the qualified business or its lessees or tenants to relocate
operations from another location in this state outside of the city of Shoreview;
(3) the 15 percent limit in subdivision
4c, paragraph (a), is increased to 25 percent; and
(4) the city or development authority
may elect to deposit up to 20 percent of the increments in the fund established
under subdivision 4. If the city elects to
use this authority, all of the remaining increments must be expended for
administrative expenses or for activities within the district under Minnesota
Statutes, section 469.1763.
(d)
The governing body of the city may elect by resolution to determine the
original and current net tax capacity of a district established under this
section using the computation under Minnesota Statutes, section 469.177,
subdivision 3, paragraph (a) or (b).
Subd. 4. Business
retention and expansion fund. (a)
The city may establish a business retention and expansion fund and deposit in
the fund:
(1) increments as provided under
subdivision 3, paragraph (c), clause (4); and
(2) increments from a district for
which the request for certification of the district was made prior to April 30,
1990, if the amount necessary to meet all of the debt and other obligations
incurred for that district has been received by the city.
(b) Amounts in the fund may be expended
to assist qualified businesses, as permitted under subdivisions 2 and 3, and
are not otherwise subject to the restrictions in Minnesota Statutes, sections
469.174 to 469.1794.
EFFECTIVE
DATE. This section is
effective upon compliance by the governing body of the city of Shoreview with
the requirements of Minnesota Statutes, section 645.021, subdivision 3.
Sec. 14. WORKFORCE
HOUSING GRANTS PILOT PROGRAM.
Subdivision 1. Establishment. The commissioner of employment and
economic development shall establish a workforce housing grants pilot program
to award grants to a city to be used for financing costs related to the
construction of or financing for market rate residential rental properties.
Subd. 2. Definitions. For purposes of this section:
(1) "local unit of
government" means a home rule charter or statutory city or county;
(2) "qualified city" means a
home rule charter or statutory city with a population exceeding 1,500 located
in Roseau County or Pennington County;
(3) "qualified expenditure"
means expenditures for the acquisition of property, construction of
improvements, provisions of loans or subsidies, grants, interest rate
subsidies, public infrastructure, and related financing costs for market rate
rental residential rental properties; and
(4) "market rate residential
rental properties" means properties that are rented at market value and
excludes: (i) properties constructed
with financial assistance requiring the property to be occupied by residents
that meet income limits under federal or state law of initial occupancy; and
(ii) properties constructed with federal, state, or local flood recovery
assistance, regardless of whether that assistance imposed income limits as a
condition of receiving assistance.
Subd. 3. Application. The commissioner must develop forms
and procedures for soliciting and reviewing application for grants under this
section. At a minimum, a city must
include in its application a resolution of its governing body certifying that
the matching amount as required under this section is available and committed.
Subd. 4. Program
requirements. The
commissioner shall not award a grant to a city under this section until the
following determinations are made:
(1) the average vacancy rate for rental
housing located in the city, and in any city located within 15 miles or less of
the boundaries of the city, has been five percent or less for at least a
two-year period;
(2)
one or more businesses located in the city, or within 15 miles of the city,
that employ a minimum of twenty full-time equivalent employees in aggregate
have provided a written statement to the city indicating that the lack of
available rental housing has impeded their ability to recruit and hire
employees;
(3) the city is located in Roseau County or Pennington
County and has a population exceeding 1,500;
(4) fewer than five market rate residential units per
1,000 residents were constructed in the city in each of the last ten years; and
(5) the city certifies that the grants will be used for
qualified expenditures for the development of rental housing to serve employees
of businesses located in the city or surrounding area.
Subd. 5.
Allocation. The amount of a grant may not exceed
the lesser of $400,000 or ten percent of the rental housing development project
cost. The commissioner shall not award a
grant to a city without certification by the city that the amount of the grant
shall be matched by a local unit of government, business, or nonprofit
organization.
Subd. 6.
Report. By January 15, 2016, the city must
submit a report to the chairs and ranking minority members of the senate and
house of representatives committees having jurisdiction over taxes and
workforce development specifying the projects that received grants under this
section and the specific purposes for which the grant funds were used.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 15. APPROPRIATION.
$627,000 in fiscal year 2015 is appropriated from the
general fund to the commissioner of employment and economic development to make
grants under the workforce housing grants pilot program in section 14. The base for fiscal year 2016 is $1,373,000
and is available until June 30, 2018. The
base for fiscal year 2017 is $0. Of
these amounts, the commissioner of employment and economic development may use
up to five percent for administrative expenses.
ARTICLE 7
LEWIS AND CLARK REGIONAL WATER SYSTEM PROJECT
Section 1. [469.352] LEWIS AND CLARK WATER PROJECT
BONDING.
Subdivision 1.
Authority; aggregate limit. (a) The governing body of a
municipality may, by resolution, issue obligations under chapter 475 to acquire
land or interests in land for, and to design, engineer, and construct pipeline
and other facilities and infrastructure necessary to complete the Lewis and
Clark Regional Water System Project.
(b) The maximum amount of bonds that may be issued under
this section is limited to an aggregate principal amount of $45,000,000, plus
any costs of issuance and amounts to be deposited into a debt service or
reserve account. The Lewis and Clark
Joint Powers Board shall allocate the limit among the municipalities designated
in subdivision 2.
Subd. 2.
Municipalities. For purposes of this section,
"municipality" or "municipalities" means any of the
following governmental units:
(1) the city of Luverne;
(2) the city of Worthington;
(3)
Nobles County; and
(4) Rock County.
Subd. 3. Application
of chapter 475 limits. (a)
Notwithstanding section 475.58 or any other law to contrary, obligations under
this section, including general obligations, may be issued without obtaining
the approval of the electors.
(b) Notwithstanding section 475.53 or
any other law to the contrary, obligations issued under this section are not
subject to any limitations on net debt.
Subd. 4. Payment
allocation. The joint powers
board may agree to allocate the responsibility of each of its members and each
municipality to pay obligations issued under this section. One-half of any federal grants and aid
received to fund the project in any year shall be used to proportionately
reduce responsibility to pay obligations under this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment without local approval under the
provisions of Minnesota Statutes, section 645.023.
Sec. 2. [477A.20]
DEBT SERVICE AID; LEWIS AND CLARK JOINT POWERS BOARD.
(a) The Lewis and Clark Joint Powers Board is eligible to receive an aid distribution under this section equal to (1) the principal and interest payable in the succeeding calendar year for bonds issued under section 469.352 minus the sum of (2) the combined adjusted net tax capacity of Rock County and Nobles County for the assessment year prior to the aid payable year multiplied by 1.5 percent and (3) 50 percent of any federal aid received to fund the project in the calendar year. The board shall certify to the commissioner of revenue the principal and interest due in the succeeding calendar year by June 1 of the aid payable year. The commissioner of revenue shall calculate the aid payable under this section and certify the amount payable before July 1 of the aid distribution year. The commissioner shall pay the aid under this section to the board at the times specified for payments of local government aid in section 477A.015. An amount sufficient to pay the state aid authorized under this section is annually appropriated to the commissioner from the general fund.
(b) The board must allocate the aid to
the municipalities issuing bonds under section 469.352 in proportion to their
principal and interest payments.
(c) If the deduction under paragraph
(a), clause (3), eliminates the aid payment under this section in a calendar
year, then the excess must be used to reduce the principal and interest in the
succeeding year or years used to calculate aid under paragraph (a).
(d) If federal grants and aid received
for the project, not deducted under paragraph (a), clause (3), exceed the total
debt service payments for bonds issued under section 469.352, other than
payments made with state aid under this section, the joint powers board must
repay any excess to the commissioner of revenue for deposit in the general fund. The repayment may not exceed the sum of state
aid payments under this section and any other grants made by the state for the
project.
(e) This section expires at the earlier
of January 1, 2039, or when the bonds authorized under section 469.352 have
been paid or defeased.
EFFECTIVE
DATE. This section is
effective beginning with aids payable in 2015.
Sec. 3. Laws 2005, First Special Session chapter 3, article 5, section 44, subdivision 3, is amended to read:
Subd. 3. Use of revenues. (a) Revenues received from taxes authorized by subdivisions 1 and 2 must be used by the city to pay the cost of collecting and administering the taxes and to pay for the costs of a community center complex and to make renovations to the Memorial Auditorium. Authorized expenses include, but are not limited to, acquiring property and paying construction expenses related to these improvements, and paying debt service on bonds or other obligations issued to finance acquisition and construction of these improvements.
(b) Notwithstanding Minnesota Statutes,
section 297A.99, subdivisions 2 and 3, if the city decides to extend the taxes
in subdivisions 1 and 2, as allowed under subdivision 5, paragraph (b), the
city must use any amounts in excess of the amounts necessary to meet the
obligations under paragraph (a) to pay the city's share of debt service on
bonds issued under Minnesota Statutes, section 469.352, to fund the Lewis and
Clark Regional Water System Project.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Worthington and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 4. Laws 2005, First Special Session chapter 3, article 5, section 44, subdivision 5, is amended to read:
Subd. 5. Termination of taxes. (a) The taxes imposed under subdivisions 1 and 2 expire at the earlier of (1) ten years, or (2) when the city council determines that the amount of revenue received from the taxes to pay for the projects under subdivision 3 equals or exceeds $6,000,000 plus the additional amount needed to pay the costs related to issuance of bonds under subdivision 4, including interest on the bonds. Any funds remaining after completion of the project and retirement or redemption of the bonds shall be placed in a capital project fund of the city. The taxes imposed under subdivisions 1 and 2 may expire at an earlier time if the city so determines by ordinance.
(b) Notwithstanding paragraph (a), the
city council may, by ordinance, extend the taxes imposed under subdivisions 1
and 2 through December 31, 2039, provided that all additional revenues that
exceed those necessary to fund the projects and associated financing costs
listed in subdivision 3, paragraph (a), are committed to pay debt service on
bonds issued under Minnesota Statutes, section 469.352, to fund the Lewis and
Clark Regional Water System Project.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Worthington and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 5. ROCK
COUNTY LOCAL SALES TAX.
(a) Notwithstanding Minnesota Statutes,
sections 297A.99, 297A.993, and 477A.016, or any other contrary provision of
law, ordinance, or charter, and in addition to any taxes the county may impose
under another law or statute, the Board of Commissioners of Rock County may, by
resolution, impose a sales and use tax of up to one-half of one percent for the
purposes specified in paragraph (c). Except
as otherwise provided in this section, the provisions of Minnesota Statutes,
section 297A.99, subdivisions 4 to 13, govern the imposition, administration,
collection, and enforcement of the tax authorized under this paragraph.
(b) The tax imposed under paragraph (a)
must be imposed in the entire county unless the city of Luverne imposes a local
sales tax at the same rate under section 7, in which case the county board of
commissioners may elect to impose the tax in the portion of the county located
outside of the boundaries of the city of Luverne.
(c) The proceeds of any tax imposed
under paragraph (a), less refunds and costs of collection, must be first used
by the county to pay debt service on bonds issued under Minnesota Statutes,
section 469.352, to fund the Lewis and Clark Regional Water System Project. Revenues collected in any calendar year in
excess of the county obligation to pay for the county's share of the bonds
issued under Minnesota Statutes, section 469.352, may be retained by the county
and used for funding other capital projects within the county.
(d)
A tax imposed under paragraph (a) expires when the county's share of bonds
issued under Minnesota Statutes, section 469.352, to fund the Lewis and Clark
Regional Water System Project has been paid, or at an earlier time if approved
by resolution of the board. The tax must
not terminate before the county board of commissioners determines that revenues
from these taxes and any other revenue source the county dedicates are
sufficient to pay the county's share of the bonds issued under Minnesota
Statutes, section 469.352.
EFFECTIVE
DATE. This section is
effective the day after the governing body of Rock County and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 6. NOBLES
COUNTY LOCAL SALES TAX.
(a) Notwithstanding Minnesota Statutes,
sections 297A.99, 297A.993, and 477A.016, or any other contrary provision of
law, ordinance, or charter, and in addition to any taxes the county may impose
under another law or statute, the Board of Commissioners of Nobles County may,
by resolution, impose a sales and use tax of up to one-half of one percent for
the purposes specified in paragraph (c).
Except as otherwise provided in this section, the provisions of
Minnesota Statutes, section 297A.99, subdivisions 4 to 13, govern the
imposition, administration, collection, and enforcement of the tax authorized
under this paragraph.
(b) The tax imposed under paragraph (a)
must be imposed in the entire county unless the county imposes the tax at
one-half of one percent and the local sales tax authorized under Laws 2005,
chapter 3, article 5, section 44, as amended, has not expired, in which case
the county board of commissioners may elect to impose the tax in the portion of
the county located outside of the boundaries of the city of Worthington. If the tax authorized under Laws 2005,
chapter 3, article 5, section 44, as amended, expires before the tax authorized
under this section expires, the tax authorized under this section is imposed in
the entire county.
(c) The proceeds of any tax imposed
under paragraph (a), less refunds and costs of collection, must be first used
by the county to pay debt service on bonds issued under Minnesota Statutes,
section 469.352, to fund the Lewis and Clark Regional Water System Project. Revenues collected in any calendar year in
excess of the county obligation to pay for the county's share of the bonds
issued under Minnesota Statutes, section 469.352, may be retained by the county
and used for funding other capital projects within the county.
(d) A tax imposed under paragraph (a)
expires when the county's share of bonds issued under Minnesota Statutes,
section 469.352, to fund the Lewis and Clark Regional Water System Project has
been paid, or at an earlier time if approved by resolution of the board. The tax must not terminate before the county
board of commissioners determines that revenues from these taxes and any other
revenue source the county dedicates are sufficient to pay the county's share of
the bonds issued under Minnesota Statutes, section 469.352.
EFFECTIVE
DATE. This section is
effective the day after the governing body of Nobles County and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 7. CITY
OF LUVERNE LOCAL SALES TAX.
(a) Notwithstanding Minnesota Statutes,
sections 297A.99, 297A.993, and 477A.016, or any other contrary provision of
law, ordinance, or city charter, the city of Luverne may, by ordinance, impose
a sales and use tax of up to one-half of one percent for the purposes specified
in paragraph (b). Except as otherwise
provided in this section, the provisions of Minnesota Statutes, section
297A.99, subdivisions 4 to 13, govern the imposition, administration,
collection, and enforcement of the tax authorized under this paragraph.
(b) The proceeds of any tax imposed
under paragraph (a), less refunds and costs of collection, must be first used
by the city to pay debt service on bonds issued under Minnesota Statutes,
section 469.352, to fund the Lewis and Clark Regional Water System project. Revenues collected in any calendar year in
excess of the city obligation to pay for debt service on bonds issued under
Minnesota Statutes, section 469.352, may be retained by the city and used for
funding other capital projects within the city.
(c)
A tax imposed under paragraph (a) expires when the city's share of bonds issued
under Minnesota Statutes, section 469.352, to fund the Lewis and Clark Regional
Water System Project has been made, or at an earlier time if approved by the
city council. The tax must not terminate
before the city council determines that revenues from this tax and any other
revenue source the city dedicates are sufficient to pay the city share of debt
service on bonds issued under Minnesota Statutes, section 469.352.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Luverne and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
ARTICLE 8
MISCELLANEOUS
Section 1. Minnesota Statutes 2013 Supplement, section 116V.03, is amended to read:
116V.03
APPROPRIATION.
$1,000,000 in fiscal year 2014 and each
year thereafter is appropriated from the general fund to the commissioner of
revenue for transfer to the agricultural project utilization account in the
special revenue fund for the Agricultural Utilization Research Institute
established under section 116V.01.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 2. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision to read:
Subd. 77. Old
Cedar Avenue Bridge. Minnesota
state bridge number 3145, the Camelback bridge over the Minnesota River
overflowage (referred to as Long Meadow Lake) constructed in 1920, is
designated and named the "Old Cedar Avenue Bridge." This designation
and name also applies to any renovation or reconstruction of the bridge and
must be used in any publicly financed signage that refers to the bridge.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 270C.72, subdivision 1, is amended to read:
Subdivision 1. Tax clearance required. (a) The state or a political subdivision of the state may not issue, transfer, or renew, and must revoke, a license for the conduct of a profession, occupation, trade, or business, if the commissioner notifies the licensing authority that the applicant owes the state delinquent taxes payable to the commissioner, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delinquent taxes, penalties, or interest, or has not filed returns. If the applicant taxpayer does not owe delinquent taxes, penalties, or interest, but has not filed returns, the commissioner may not notify the licensing authority unless the taxpayer has been given 90 days' written notice to file the returns or show that the returns are not required to be filed.
(b) Within ten days after receipt of the
notification from the commissioner under paragraph (a), the licensing authority
must notify the license holder by certified mail of the potential revocation of
the license for the applicable reason under paragraph (a). The notice must include a copy of the
commissioner's notice to the licensing agency and information, in the form
specified by the commissioner, on the licensee's option for receiving a tax
clearance from the commissioner. The
licensing authority must revoke the license 30 days after receiving the notice
from the commissioner, unless it receives a tax clearance from the commissioner
as provided in paragraph (c).
(c) A licensing authority that has
received a notice from the commissioner may issue, transfer, renew, or not
revoke the applicant's license only if (a) (1) the commissioner
issues a tax clearance certificate and (b) (2) the commissioner
or the applicant forwards a copy of the clearance to the authority. The commissioner may issue a clearance
certificate only if the applicant does not owe the state any uncontested
delinquent taxes, penalties, or interest and has filed all required returns.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 270C.72, subdivision 3, is amended to read:
Subd. 3. Notice
and hearing. (a) The
commissioner, on notifying a licensing authority pursuant to subdivision 1 not
to issue, transfer, or renew a license, must send a copy of the notice to the
applicant. If the applicant requests, in
writing, within 30 days of the date of the notice a hearing, a contested case
hearing must be held. The hearing must be
held within 45 days of the date the commissioner refers the case to the Office
of Administrative Hearings. Notwithstanding any law to the contrary, the
applicant must be served with 20 days' notice in writing specifying the time
and place of the hearing and the allegations against the applicant. The notice may be served personally or by
mail.
(b) (a) Prior to notifying a
licensing authority pursuant to subdivision 1 to revoke a license, the
commissioner must send a notice to the applicant of the commissioner's intent
to require revocation of the license and of the applicant's right to a hearing under paragraph (a). If the applicant requests a hearing in
writing within 30 days of the date of the notice, a contested
case hearing must be held. The hearing
must be held within 45 days of the date the commissioner refers the case to the
Office of Administrative Hearings. Notwithstanding
any law to the contrary, the applicant must be served with 20 days' notice in
writing specifying the time and place of the hearing and the allegations
against the applicant. The notice may be
served personally or by mail. A
license is subject to revocation when 30 days have passed following the date of
the notice in this paragraph without the applicant requesting a hearing, or, if
a hearing is timely requested, upon final determination of the hearing under
section 14.62, subdivision 1. A
license shall be revoked by the licensing authority within 30 days after
receiving notice from the commissioner to revoke.
(b) The commissioner may notify a
licensing authority under subdivision 1 only after the requirements of
paragraph (a) have been satisfied.
(c) A hearing under this subdivision is in lieu of any other hearing or proceeding provided by law arising from any action taken under subdivision 1.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 5. CARLTON
COUNTY; LEVY FOR SOIL AND WATER CONSERVATION DISTRICT.
Subdivision 1. Definitions. (a) For the purposes of this section,
"district" means the Carlton County Soil and Water Conservation
District.
(b) For the purposes of this section,
"county" means Carlton County.
Subd. 2. Special
project levy. Notwithstanding
any law to the contrary, the county may levy ad valorem property taxes on
taxable property within the area of its jurisdiction for the purposes specified
in subdivision 3. The proceeds of the
tax must be placed in a separate account and used only for the purposes
specified in subdivision 3. The amount
levied is separate from any other amount to be levied for the district by the
county under Minnesota Statutes, section 103C.331, subdivision 16.
Subd. 3. Purpose;
limit on levy amount. (a) The
county must allocate the proceeds of any tax imposed under this section to the
district solely to pay principal, interest, and any associated costs of
obtaining and servicing a loan to finance the planning, constructing, and
equipping of an office and storage facility for the district.
(b) The maximum amount of the levy in
any year may not exceed the amount necessary, after deduction of any amount
remaining from the levy imposed in prior years, to pay 105 percent of the
principal and interest due in the following calendar year and through July 1 of
the next year.
Subd. 4. Expiration. (a) This section expires:
(1) following the final payment of
principal, interest, and any associated costs of the loan under subdivision 3,
or any loan or other financing that refinanced the original loan; or
(2) if the district does not obtain the
loan under subdivision 3 prior to May 1, 2017.
(b) Upon expiration of this section, any
amount remaining in the account created under subdivision 2 must be transferred
to the general account of the county and used to reduce any amount to be levied
for the district by the county under Minnesota Statutes, section 103C.331,
subdivision 16, for the following year, and any subsequent years, until the
amount remaining is exhausted.
EFFECTIVE
DATE. This section is
effective the day following compliance by Carlton County with Minnesota Statutes,
section 645.021, subdivisions 2 and 3.
Sec. 6. ADMINISTRATIVE
APPROPRIATIONS.
(a) $700,000 in fiscal year 2014 and
$1,800,000 in fiscal year 2015 are appropriated from the general fund to the
commissioner of revenue for administering this act. The funding base for this appropriation in
fiscal year 2016 is $1,180,000 and is available to be spent until June 30, 2017. The funding base for fiscal year 2017 is $0.
(b) $40,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of public safety for
administration of the volunteer retention stipend aid pilot program in article
1, section 1. The funding base for this
appropriation in fiscal year 2016 is $18,000 and is available to be spent until
June 30, 2018. The funding base for
fiscal year 2017 is $0.
(c) $400,000 in fiscal year 2015 is
appropriated from the general fund to the commissioner of natural resources for
the purpose of assisting counties in developing plans and providing training
for watercraft inspectors to facilitate the implementation of article 1,
section 11. This is a onetime
appropriation and does not become part of the base budget.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 9
UNSESSION
Section 1. Minnesota Statutes 2012, section 16D.02, subdivision 3, is amended to read:
Subd. 3.
Debt. "Debt" means an amount owed to
the state directly, or through a state agency, on account of a fee, duty,
lease, direct loan, loan insured or guaranteed by the state, rent, service,
sale of real or personal property, overpayment, fine, assessment, penalty,
restitution, damages, interest, tax, bail bond, forfeiture, reimbursement,
liability owed, an assignment to the state including assignments under section
256.741, the Social Security Act, or other state or federal law, recovery of
costs incurred by the state, or any other source of indebtedness to the state. Debt also includes amounts owed to
individuals as a result of civil, criminal, or administrative action brought by
the state or a state agency pursuant to its statutory authority or for which
the state or state agency acts in a fiduciary capacity in providing collection
services in accordance with the regulations adopted under the Social Security
Act at Code of Federal Regulations, title 45, section 302.33. When the commissioner provides collection
services pursuant to a debt qualification plan to a referring agency,
debt also includes an amount owed to the courts, local government units,
Minnesota state colleges and universities governed by the Board of Trustees of
the Minnesota State Colleges and Universities, or University of Minnesota.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 16D.02, subdivision 6, is amended to read:
Subd. 6.
Referring agency. "Referring agency" means a
state agency, local government unit, Minnesota state colleges and universities
governed by the Board of Trustees of the Minnesota State Colleges and
Universities, University of Minnesota, or a court, that has entered into a
debt qualification plan an agreement with the commissioner to refer
debts to the commissioner for collection.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 16D.04, subdivision 3, is amended to read:
Subd. 3. Services. The commissioner shall provide collection
services for a state agency, and may provide for collection services for
a court, in accordance with the terms and conditions of a signed debt
qualification plan referring agencies other than state agencies.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2012, section 16D.04, subdivision 4, is amended to read:
Subd. 4. Authority
to contract. The commissioners
commissioner of revenue and management and budget may contract
with credit bureaus, private collection agencies, and other entities as
necessary for the collection of debts. A
private collection agency acting under a contract with the commissioner of
revenue or management and budget is subject to sections 332.31 to
332.45, except that the private collection agency may indicate that it is
acting under a contract with the state. The
commissioner may not delegate the powers provided under section 16D.08 to any
nongovernmental entity.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2012, section 16D.07, is amended to read:
16D.07
NOTICE TO DEBTOR.
The referring agency shall send notice to
the debtor by United States mail or personal delivery at the debtor's last
known address at least 20 days before the debt is referred to the commissioner. The notice must state the nature and amount
of the debt, identify to whom the debt is owed, and inform the debtor of the
remedies available under this chapter. The
referring agency shall advise the debtor of collection costs imposed under
section 16D.11 and of the debtor's right to cancellation of collection costs
under section 16D.11, subdivision 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 16D.11, subdivision 1, is amended to read:
Subdivision 1. Imposition. As determined by the commissioner of management
and budget revenue, collection costs shall be added to the debts
referred to the commissioner or private collection agency for collection. Collection costs are collectible by the
commissioner or private agency from the debtor at the same time and in the same
manner as the referred debt. The
referring agency shall advise the debtor of collection costs under this section
and the debtor's right to cancellation of collection costs under subdivision 3
at the time the agency sends notice to the debtor under section 16D.07. If the commissioner or private agency
collects an amount less than the total due, the payment is applied
proportionally to collection costs and the underlying debt unless the
commissioner of management and budget has waived this requirement for
certain categories of debt pursuant to the department's internal guidelines. Collection costs collected by the
commissioner under this subdivision or retained under subdivision 6 shall be
deposited in the general fund as nondedicated receipts. Collection costs collected by private
agencies are appropriated to the referring agency to pay the collection fees
charged by the private agency.
Collections of collection costs in excess of collection agency fees must
be deposited in the general fund as nondedicated receipts.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 16D.11, subdivision 3, is amended to read:
Subd. 3. Cancellation. Collection costs imposed under subdivision 1 shall be canceled and subtracted from the amount due if:
(1) the debtor's household income as defined in section 290A.03, subdivision 5, excluding the exemption subtractions in subdivision 3, paragraph (3) of that section, for the 12 months preceding the date of referral is less than twice the annual federal poverty guideline under United States Code, title 42, section 9902, subsection (2);
(2) within 60 days after the first contact
with the debtor by the enterprise commissioner or collection
agency, the debtor establishes reasonable cause for the failure to pay the debt
prior to referral of the debt to the enterprise commissioner;
(3) a good faith dispute as to the legitimacy or the amount of the debt is made, and payment is remitted or a payment agreement is entered into within 30 days after resolution of the dispute;
(4) good faith litigation occurs and the debtor's position is substantially justified, and if the debtor does not totally prevail, the debt is paid or a payment agreement is entered into within 30 days after the judgment becomes final and nonappealable; or
(5) collection costs have been added by the referring agency and are included in the amount of the referred debt.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 16D.11, subdivision 7, is amended to read:
Subd. 7.
Adjustment of rate. By June 1 of each year, the commissioner
shall determine the rate of collection costs for debts referred to the enterprise
commissioner during the next fiscal year. The rate is a percentage of the debts in an
amount that most nearly equals the costs of the enterprise commissioner
necessary to process and collect referred debts under this chapter. In no event shall the rate of the collection
costs exceed 25 percent of the debt. Determination
of the rate of collection costs under this section is not subject to the fee setting
requirements of section 16A.1283.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 84A.20, subdivision 2, is amended to read:
Subd. 2. County
proposal to state. Under certain
conditions, The board of county commissioners of any county may by
resolution propose to the state that one or more areas in the county be taken
over by the state for afforestation, reforestation, flood control projects, or
other state purposes. The projects are
to be managed, controlled, and used for the purposes in subdivision 1 on lands
to be acquired by the state within the projects, as set forth in sections
84A.20 to 84A.30. The county board may
propose this if (1) the county contains lands suitable for the purposes
in subdivision 1, (2) on January 1, 1931, the taxes on more than 35 percent
of the taxable land in the county are delinquent, (3) on January 1, 1931, the
county's bonded ditch indebtedness, including accrued interest, equals or exceeds
nine percent of the assessed valuation of the county, exclusive of money and
credits.
The area taken over must include lands that have been assessed for all or part of the cost of the establishment and construction of public drainage ditches under state law, and on which the assessments or installments are delinquent. A certified copy of the county board's resolution must be filed with the department and considered and acted upon by the department. If approved by the department, it must then be submitted to, considered, and acted upon by the executive council. If approved by the Executive Council, the proposition must be formally accepted by the governor. Acceptance must be communicated in writing to and filed with the county auditor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2012, section 84A.31, subdivision 2, is amended to read:
Subd. 2. County
proposal to state. Under certain
conditions, The board of county commissioners of any county may by
resolution propose that the state take over part of the tax-delinquent lands in
the county. The board may propose
this if:
(1) the county contains land
suitable for the purposes in subdivision 1;.
(2) on January 1, 1933, the taxes on
more than 25 percent of the acreage of the lands in a town in the county are
delinquent, as shown by its tax books;
(3) on January 1, 1933, the taxes or
ditch assessments on more than 50 percent of the acreage of the lands to be
taken over are delinquent, as shown by the county's tax books; and
(4) on January 1, 1933, the bonded
ditch indebtedness of the county equals or exceeds 15 percent of the assessed
value of the county for 1932 as fixed by the Minnesota Tax Commission,
exclusive of money and credits.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 115B.49, subdivision 4, is amended to read:
Subd. 4. Registration; fees. (a) The owner or operator of a dry cleaning facility shall register on or before October 1 of each year with the commissioner of revenue in a manner prescribed by the commissioner of revenue and pay a registration fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of fewer than five;
(2) $1,000, for facilities with a full-time equivalence of five to ten; and
(3) $1,500, for facilities with a full-time equivalence of more than ten.
The registration fee must be paid on or before October 18 or the owner or operator of a dry cleaning facility may elect to pay the fee in equal installments. Installment payments must be paid on or before October 18, on or before January 18, on or before April 18, and on or before June 18. All payments made after October 18 bear interest at the rate specified in section 270C.40.
(b) A person who sells dry cleaning
solvents for use by dry cleaning facilities in the state shall collect and
remit to the commissioner of revenue in a the same manner
prescribed by the commissioner of revenue, on or before the 20th day of the
month following the month in which the sales of dry cleaning solvents are made
for the taxes imposed under chapter 297A, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use by dry cleaning facilities in the state;
(2) 70 cents for each gallon of hydrocarbon-based dry cleaning solvent sold for use by dry cleaning facilities in the state; and
(3) 35 cents for each gallon of other nonaqueous solvents sold for use by dry cleaning facilities in the state.
(c) The audit, assessment, appeal, collection, enforcement, and administrative provisions of chapters 270C and 289A apply to the fee imposed by this subdivision. To enforce this subdivision, the commissioner of revenue may grant extensions to file returns and pay fees, impose penalties and interest on the annual registration fee under paragraph (a) and the monthly fee under paragraph (b), and abate penalties and interest in the manner provided in chapters 270C and 289A. The penalties and interest imposed on taxes under chapter 297A apply to the fees imposed under this subdivision. Disclosure of data collected by the commissioner of revenue under this subdivision is governed by chapter 270B.
EFFECTIVE
DATE. This section is
effective for fees due after June 30, 2014.
Sec. 12. Minnesota Statutes 2012, section 163.06, subdivision 1, is amended to read:
Subdivision 1. Levy. The county board of any county in which
there are unorganized townships may levy a tax for road and bridge purposes
upon all the real and personal property in such unorganized townships,
exclusive of money and credits taxed under the provisions of chapter 285.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2012, section 270.11, subdivision 1, is amended to read:
Subdivision 1. To act
as State Board of Equalization. The
commissioner of revenue shall have and exercise all the rights, powers and
authority by law vested in the State Board of Equalization, which board of
equalization is hereby continued, with full power and authority to review,
modify, and revise all of the acts and proceedings of the commissioner in so
far as they relate to the equalization and valuation of property assessed for
taxation, as prescribed by section 270.12.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2012, section 270.12, subdivision 2, is amended to read:
Subd. 2. Meeting dates; duties. The board shall meet annually between April 15 and June 30 at the office of the commissioner of revenue and examine and compare the returns of the assessment of the property in the several counties, and equalize the same so that all the taxable property in the state shall be assessed at its market value, subject to the following rules:
(1) The board shall add to or deduct
from the aggregate valuation of the real property of every county, which
the board believes to be valued below or above its market value in
money, such percent as will bring the same to its market value in money;
(2)
The board shall deduct from the aggregate valuation of the real property of
every county, which the board believes to be valued above its market value in
money, such percent as will reduce the same to its market value in money;
(3) (2) If the board
believes the valuation for a part of a class determined by a range of market
value under clause (8) (6) or otherwise, a class, or classes of
the real property of any town or district in any county, or the valuation for a
part of a class, a class, or classes of the real property of any county not in
towns or cities, should be raised or reduced, without raising or reducing the
other real property of such county, or without raising or reducing it in the
same ratio, the board may add to, or take from, the valuation of a part of a
class, a class, or classes in any one or more of such towns or cities, or of
the property not in towns or cities, such percent as the board believes will
raise or reduce the same to its market value in money;
(4)
(3) The board shall add to or take from the aggregate valuation
of any part of a class, a class, or classes of personal property of any county,
town, or city, which the board believes to be valued below or above the
market value thereof, such percent as will raise the same to its market value in
money;
(5) The board shall take from the
aggregate valuation of any part of a class, a class, or classes of personal
property in any county, town or city, which the board believes to be valued
above the market value thereof, such percent as will reduce the same to its
market value in money;
(6) (4) The board shall not
reduce the aggregate valuation of all the property of the state, as returned by
the several county auditors, more than one percent on the whole valuation
thereof;
(7) (5) When it would be of
assistance in equalizing values the board may require any county auditor to
furnish statements showing assessments of real and personal property of any
individuals, firms, or corporations within the county. The board shall consider and equalize such
assessments and may increase the assessment of individuals, firms, or
corporations above the amount returned by the county board of equalization when
it shall appear to be undervalued, first giving notice to such persons of the
intention of the board so to do, which notice shall fix a time and place of
hearing. The board shall not decrease
any such assessment below the valuation placed by the county board of
equalization;
(8) (6) In equalizing values
pursuant to this section, the board shall utilize a 12-month assessment/sales
ratio study conducted by the Department of Revenue containing only sales that
are filed in the county auditor's office under section 272.115, by November 1
of the previous year and that occurred between October 1 of the year
immediately preceding the previous year and September 30 of the previous year.
The assessment/sales ratio study may separate the values of residential property into market value categories. The board may adjust the market value categories and the number of categories as necessary to create an adequate sample size for each market value category. The board may determine the adequate sample size. To the extent practicable, the methodology used in preparing the assessment/sales ratio study must be consistent with the most recent Standard on Assessment Sales Ratio Studies published by the Assessment Standards Committee of the International Association of Assessing Officers. The board may determine the geographic area used in preparing the study to accurately equalize values. A sales ratio study separating residential property into market value categories may not be used as the basis for a petition under chapter 278.
The sales prices used in the study must be discounted for terms of financing. The board shall use the median ratio as the statistical measure of the level of assessment for any particular category of property; and
(9) (7) The board shall
receive from each county the estimated market values on the assessment date
falling within the study period for all parcels by magnetic tape or other
a medium as prescribed by the commissioner of revenue.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2012, section 270.12, subdivision 4, is amended to read:
Subd. 4. Public
utility property. For purposes of
equalization only, public utility personal property shall be treated as a
separate class of property notwithstanding the fact that its class rate is
the same as commercial-industrial property.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Minnesota Statutes 2012, section 270A.03, subdivision 2, is amended to read:
Subd. 2. Claimant
agency. "Claimant agency"
means any state agency, as defined by section 14.02, subdivision 2, the regents
of the University of Minnesota, any district court of the state, any county,
any statutory or home rule charter city, including a city that is presenting a
claim for a municipal hospital or a public library or a municipal ambulance
service, a hospital district, a private nonprofit hospital that leases its
building from the county or city in which it is located, any ambulance service
licensed under chapter 144E, any public agency responsible for child support
enforcement, any public agency responsible for the collection of court-ordered
restitution, and any public agency established by general or special law that
is responsible for the administration of a low-income housing program, and
the Minnesota collection enterprise as defined in section 16D.02, subdivision
8, for the purpose of collecting the costs imposed under section 16D.11.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2012, section 270B.14, subdivision 3, is amended to read:
Subd. 3. Administration
of enterprise, and job opportunity, and biotechnology and
health sciences industry zone programs.
The commissioner may disclose return information relating to the
taxes imposed by chapters 290 and 297A to the Department of Employment and
Economic Development or a municipality with a border city enterprise zone as
defined under section 469.166, but only as necessary to administer the funding
limitations under section 469.169, or to the Department of Employment and
Economic Development and appropriate officials from the local government units
in which a qualified business is located but only as necessary to enforce the
job opportunity building zone benefits under section 469.315, or
biotechnology and health sciences industry zone benefits under section 469.336.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2012, section 270C.085, is amended to read:
270C.085
NOTIFICATION REQUIREMENTS; SALES AND USE TAXES.
The commissioner of revenue shall
establish a means of electronically notifying persons holding a sales tax
permit under section 297A.84 of any statutory change in chapter 297A and any
issuance or change in any administrative rule, revenue notice, or sales tax
fact sheet or other written information provided by the department explaining
the interpretation or administration of the tax imposed under that chapter. The notification must indicate the basic
subject of the statute, rule, fact sheet, or other material and provide an
electronic link to the material. Any
person holding a sales tax permit that provides an electronic address to the
department must receive these notifications unless they specifically request
electronically, or in writing, to be removed from the notification list. This requirement does not replace traditional
means of notifying the general public or persons without access to electronic
communications of changes in the sales tax law.
The electronic notification must begin no later than December 31,
2009.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes 2012, section 270C.52, subdivision 2, is amended to read:
Subd. 2. Payment agreements. (a) When any portion of any tax payable to the commissioner together with interest and penalty thereon, if any, has not been paid, the commissioner may extend the time for payment for a further period. When the authority of this section is invoked, the extension shall be evidenced by written agreement signed by the taxpayer and the commissioner, stating the amount of the tax with penalty and interest, if any, and providing for the payment of the amount in installments.
(b) The agreement may contain a confession of judgment for the amount and for any unpaid portion thereof. If the agreement contains a confession of judgment, the confession of judgment must provide that the commissioner may enter judgment against the taxpayer in the district court of the county of residence as shown upon the taxpayer's tax return for the unpaid portion of the amount specified in the extension agreement.
(c) The agreement shall provide that it can be terminated, after notice by the commissioner, if information provided by the taxpayer prior to the agreement was inaccurate or incomplete, collection of the tax covered by the agreement is in jeopardy, there is a subsequent change in the taxpayer's financial condition, the taxpayer has failed to make a payment due under the agreement, or the taxpayer has failed to pay any other tax or file a tax return coming due after the agreement.
(d) The notice must be given at least 14 calendar days prior to termination, and shall advise the taxpayer of the right to request a reconsideration from the commissioner of whether termination is reasonable and appropriate under the circumstances. A request for reconsideration does not stay collection action beyond the 14-day notice period. If the commissioner has reason to believe that collection of the tax covered by the agreement is in jeopardy, the commissioner may proceed under section 270C.36 and terminate the agreement without regard to the 14-day period.
(e) The commissioner may accept other collateral the commissioner considers appropriate to secure satisfaction of the tax liability. The principal sum specified in the agreement shall bear interest at the rate specified in section 270C.40 on all unpaid portions thereof until the same has been fully paid or the unpaid portion thereof has been entered as a judgment. The judgment shall bear interest at the rate specified in section 270C.40.
(f) If it appears to the commissioner that the tax reported by the taxpayer is in excess of the amount actually owing by the taxpayer, the extension agreement or the judgment entered pursuant thereto shall be corrected. If after making the extension agreement or entering judgment with respect thereto, the commissioner determines that the tax as reported by the taxpayer is less than the amount actually due, the commissioner shall assess a further tax in accordance with the provisions of law applicable to the tax.
(g) The authority granted to the commissioner by this section is in addition to any other authority granted to the commissioner by law to extend the time of payment or the time for filing a return and shall not be construed in limitation thereof.
(h) The commissioner shall charge a fee
for entering into payment agreements that reflects the commissioner's costs
for entering into payment agreements.
The fee is set at $50 and is charged for entering into a payment
agreement, for entering into a new payment agreement after the taxpayer has
defaulted on a prior agreement, and for entering into a new payment agreement
as a result of renegotiation of the terms of an existing agreement. The fee is paid to the commissioner before
the payment agreement becomes effective and does not reduce the amount of the
liability.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota Statutes 2012, section 272.01, subdivision 1, is amended to read:
Subdivision 1. Generally
taxable. All real and personal
property in this state, and all personal property of persons residing
therein, including the property of corporations, banks, banking companies, and
bankers, is taxable, except Indian lands and such other property as is by
law exempt from taxation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota Statutes 2012, section 272.01, subdivision 3, is amended to read:
Subd. 3. Exceptions. The provisions of subdivision 2 shall not apply to:
(a) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed;
(b) Real estate exempt from ad valorem
taxes and taxes in lieu thereof which is leased, loaned, or otherwise made
available to telephone companies or electric, light and power companies upon
which personal property consisting of transmission and distribution lines is
situated and assessed pursuant to sections 273.37, 273.38, 273.40 and 273.41,
or upon which are situated the communication lines of express, railway, or
telephone or telegraph companies, or pipelines used for the transmission
and distribution of petroleum products, or the equipment items of a cable
communications company subject to sections 238.35 to 238.42;
(c) Property presently owned by any educational institution chartered by the territorial legislature;
(d) Indian lands;
(e) Property of any corporation organized as a tribal corporation under the Indian Reorganization Act of June 18, 1934, (Statutes at Large, volume 48, page 984);
(f) Real property owned by the state and leased pursuant to section 161.23 or 161.431, and acts amendatory thereto;
(g) Real property owned by a seaway port authority on June 1, 1967, upon which there has been constructed docks, warehouses, tank farms, administrative and maintenance buildings, railroad and ship terminal facilities and other maritime and transportation facilities or those directly related thereto, together with facilities for the handling of passengers and baggage and for the handling of freight and bulk liquids, and personal property owned by a seaway port authority used or usable in connection therewith, when said property is leased to a private individual, association or corporation, but only when such lease provides that the said facilities are available to the public for the loading and unloading of passengers and their baggage and the handling, storage, care, shipment, and delivery of merchandise, freight and baggage and other maritime and transportation activities and functions directly related thereto, but not including property used for grain elevator facilities; it being the declared policy of this state that such property when so leased is public property used exclusively for a public purpose, notwithstanding the one-year limitation in the provisions of section 273.19;
(h) Notwithstanding the provisions of clause (g), when the annual rental received by a seaway port authority in any calendar year for such leased property exceeds an amount reasonably required for administrative expense of the authority per year, plus promotional expense for the authority not to exceed the sum of $100,000 per year, to be expended when and in the manner decided upon by the commissioners, plus an amount sufficient to pay all installments of principal and interest due, or to become due, during such calendar year and the next succeeding year on any revenue bonds issued by the authority, plus 25 percent of the gross annual rental to be retained by the authority for improvement, development, or other contingencies, the authority shall make a payment in lieu of real and personal property taxes of a reasonable portion of the remaining annual rental to the county treasurer of the county in which such seaway port authority is principally located. Any such payments to the county treasurer shall be disbursed by the treasurer on the same basis as real estate taxes are divided among the various governmental units, but if such port authority shall have received funds from the state of Minnesota and funds from any city and county pursuant to Laws 1957, chapters 648, 831, and 849 and acts amendatory thereof, then such disbursement by the county treasurer shall be on the same basis as real estate taxes are divided among the various governmental units, except that the portion of such payments which would otherwise go to other taxing units shall be divided equally among the state of Minnesota and said county and city.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota Statutes 2012, section 272.025, subdivision 1, is amended to read:
Subdivision 1. Statement
of exemption. (a) Except in the case
of property owned by the state of Minnesota or any political subdivision
thereof, and property exempt from taxation under section 272.02, subdivisions
9, 10, 13, 15, 18, 20, and 22 to 25, and at the times provided in subdivision
3, a taxpayer claiming an exemption from taxation on property described in
section 272.02, subdivisions 1 2 to 33, must file a statement of
exemption with the assessor of the assessment district in which the property is
located.
(b) A taxpayer claiming an exemption from taxation on property described in section 272.02, subdivision 10, must file a statement of exemption with the commissioner of revenue, on or before February 15 of each year for which the taxpayer claims an exemption.
(c) In case of sickness, absence or other disability or for good cause, the assessor or the commissioner may extend the time for filing the statement of exemption for a period not to exceed 60 days.
(d) The commissioner of revenue shall prescribe the form and contents of the statement of exemption.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota Statutes 2012, section 272.027, subdivision 1, is amended to read:
Subdivision 1. Electricity
generated to produce goods and services.
Personal property used to generate electric power is exempt from
property taxation if the electric power is used to manufacture or produce
goods, products, or services, other than electric power, by the owner of the
electric generation plant. Except as
provided in subdivisions 2 and 3, The exemption does not apply to property
used to produce electric power for sale to others and does not apply to real
property. In determining the value
subject to tax, a proportionate share of the value of the generating
facilities, equal to the proportion that the power sold to others bears to the
total generation of the plant, is subject
to the general property tax in the same manner as other property. Power generated in such a plant and exchanged
for an equivalent amount of power that is used for the manufacture or
production of goods, products, or services other than electric power by the
owner of the generating plant is considered to be used by the owner of the
plant.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota Statutes 2012, section 272.029, subdivision 6, is amended to read:
Subd. 6. Distribution
of revenues. Revenues from the taxes
imposed under subdivision 5 must be part of the settlement between the county
treasurer and the county auditor under section 276.09. The revenue must be distributed by the county
auditor or the county treasurer to local taxing jurisdictions in which the wind
energy conversion system is located as follows:
beginning with distributions in 2010, 80 percent to counties;
and 20 percent to cities and townships; and for distributions occurring in
2006 to 2009, 80 percent to counties; 14 percent to cities and townships; and
six percent to school districts.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota Statutes 2012, section 273.061, subdivision 6, is amended to read:
Subd. 6. Salaries;
expenses. The salaries of the county
assessor and assistants and clerical help, shall be fixed by the board of
county commissioners and shall be payable in monthly installments out of
the general revenue fund of the county. In
counties with a population of less than 50,000 inhabitants, according to the
then last preceding federal census, the board of county commissioners shall not
fix the salary of the county assessor at an amount below the following
schedule:
In
counties with a population of less than 6,500, $5,900;
In counties with a population of 6,500
but less than 12,000, $6,200;
In counties with a population of 12,000
but less than 16,000, $6,500;
In counties with a population of 16,000
but less than 21,000, $6,700;
In counties with a population of 21,000
but less than 30,000, $6,900;
In counties with a population of 30,000
but less than 39,500, $7,100;
In counties with a population of 39,500
but less than 50,000, $7,300;
In counties with a population of 50,000
or more, $8,300.
In addition to their salaries, the county assessor and assistants shall be allowed their expenses for reasonable and necessary travel in the performance of their duties, including necessary travel, lodging and meal expense incurred by them while attending meetings of instructions or official hearings called by the commissioner of revenue. These expenses shall be payable out of the general revenue fund of the county, and shall be allowed on the same basis as such expenses are allowed to other county officers.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2012, section 273.10, is amended to read:
273.10
SCHOOL DISTRICTS.
When assessing personal property the
county assessor shall designate the number of the school district in which each
person assessed is liable for tax, by writing the number of the district
opposite each assessment in a column provided for that purpose in the
assessment book. When the personal
property of any person is assessable in several school districts, the amount in
each shall be assessed separately, and the name of the owner placed opposite
each amount.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota Statutes 2012, section 273.11, subdivision 13, is amended to read:
Subd. 13. Valuation
of income-producing property. Beginning
with the 1995 assessment, Only accredited assessors or senior accredited
assessors or other licensed assessors who have successfully completed at least
two income-producing property appraisal courses may value income-producing
property for ad valorem tax purposes. "Income-producing
property" as used in this subdivision means the taxable property in class
3a and 3b in section 273.13, subdivision 24; class 4a and 4c, except for
seasonal recreational property not used for commercial purposes; and class 5 in
section 273.13, subdivision 31. "Income-producing
property" includes any property in class 4e in section 273.13, subdivision
25, that would be income-producing property under the definition in this
subdivision if it were not substandard. "Income-producing
property appraisal course" as used in this subdivision means a course of
study of approximately 30 instructional hours, with a final comprehensive test. An assessor must successfully complete the
final examination for each of the two required courses. The course must be approved by the board of
assessors.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota Statutes 2012, section 273.112, subdivision 6a, is amended to read:
Subd. 6a. Guidelines
issued by commissioner. The
commissioner of revenue shall develop and issue guidelines for qualification by
private golf clubs under this section covering the access to and use of the
golf course by members and other adults so as to be consistent with the
purposes and terms of this section. The
guidelines shall be mailed to the county attorney and assessor of each county
not later than 60 days following May 26, 1989.
Within 15 days of receipt of the guidelines from the commissioner, the
assessor shall mail a copy of the guidelines to each golf club in the county.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota Statutes 2013 Supplement, section 273.1325, subdivision 2, is amended to read:
Subd. 2. Methodology. In making its annual assessment/sales
ratio studies, the Department of Revenue must use a methodology consistent with
the most recent Standard on Assessment Ratio Studies published by the
assessment standards committee of the International Association of Assessing
Officers. The commissioner of revenue
shall supplement this general methodology with specific procedures necessary
for execution of the study in accordance with other Minnesota laws impacting
the assessment/sales ratio study. The
commissioner shall document these specific procedures in writing and shall
publish the procedures in the State Register, but these procedures will not be
considered "rules" pursuant to the Minnesota Administrative Procedure
Act. When property is sold and the
purchaser changes its use in a manner that would result in a change of
classification of the property, the assessment sales ratio study under this
subdivision must take into account that changed classification as soon as
practicable. A change in status from
homestead to nonhomestead or from nonhomestead to homestead is not a change
under this subdivision. For purposes of
this section, sections 270.12, subdivision 2, clause (8) (6), and
278.05, subdivision 4, the commissioner of revenue shall exclude from the
assessment/sales ratio study the sale of any nonagricultural property which
does not contain an improvement, if (1) the statutory basis on which the
property's taxable value as most recently assessed is less than market value as
defined in section 273.11, or (2) the property has undergone significant
physical change or a change of use since the most recent assessment.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes 2013 Supplement, section 273.1398, subdivision 3, is amended to read:
Subd. 3. Disparity
reduction aid. The amount of
disparity aid certified for each taxing district within each unique taxing
jurisdiction is the amount certified for taxes payable in the prior year
shall be multiplied by the ratio of (1) the jurisdiction's tax capacity
using the class rates for taxes payable in the year for which aid is being
computed, to (2) its tax capacity using the class rates for taxes payable in
the year prior to that for which aid is being computed, both based upon taxable
market values for taxes payable in the year prior to that for which aid is
being computed. If the commissioner
determines that insufficient information is available to reasonably and timely
calculate the numerator in this ratio for the first taxes payable year that a
class rate change or new class rate is effective, the commissioner shall omit
the effects of that class rate change or new class rate when calculating this
ratio for aid payable in that taxes payable year. For aid payable in the year following a year
for which such omission was made, the commissioner shall use in the denominator
for the class that was changed or created, the tax capacity for taxes payable
two years prior to that in which the aid is payable, based on taxable market
values for taxes payable in the year prior to that for which aid is being
computed.
EFFECTIVE
DATE. This section is
effective beginning for taxes payable in 2015.
Sec. 31. Minnesota Statutes 2012, section 273.18, is amended to read:
273.18
LISTING, VALUATION, AND ASSESSMENT OF EXEMPT PROPERTY BY COUNTY AUDITORS.
(a) In every sixth year after the year 1926
2010, the county auditor shall enter, in a separate place in the real
estate assessment books, the description of each tract of real property
exempt by law from taxation, with the name of the owner, if known, and
the assessor shall value and assess the same in the same manner that other real
property is valued and assessed, and shall designate in each case the purpose
for which the property is used.
(b) For purposes of the apportionment of fire state aid under section 69.021, subdivision 7, the county auditor shall include on the abstract of assessment of exempt real property filed under this section, the total number of acres of all natural resources lands for which in lieu payments are made under sections 477A.11 to 477A.14. The assessor shall estimate its market value, provided that if the assessor is not able to estimate the market value of the land on a per parcel basis, the assessor shall furnish the commissioner of revenue with an estimate of the average value per acre of this land within the county.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. Minnesota Statutes 2012, section 274.01, subdivision 1, is amended to read:
Subdivision 1. Ordinary board; meetings, deadlines, grievances. (a) The town board of a town, or the council or other governing body of a city, is the board of appeal and equalization except (1) in cities whose charters provide for a board of equalization or (2) in any city or town that has transferred its local board of review power and duties to the county board as provided in subdivision 3. The county assessor shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of the county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. Notwithstanding the provisions of any charter to the contrary, the meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting.
The board shall meet at the office of the clerk to review the assessment and classification of property in the town or city. No changes in valuation or classification which are intended to correct errors in judgment by the county assessor may be made by the county assessor after the board has adjourned in those cities or towns that hold a local board of review; however, corrections of errors that are merely clerical in nature or changes that extend homestead treatment to property are permitted after adjournment until the tax extension date for that assessment year. The changes must be fully documented and maintained in the assessor's office and must be available for review by any person. A copy of the changes made during this period in those cities or towns that hold a local board of review must be sent to the county board no later than December 31 of the assessment year.
(b) The board shall determine whether the taxable property in the town or city has been properly placed on the list and properly valued by the assessor. If real or personal property has been omitted, the board shall place it on the list with its market value, and correct the assessment so that each tract or lot of real property, and each article, parcel, or class of personal property, is entered on the assessment list at its market value. No assessment of the property of any person may be raised unless the person has been duly notified of the intent of the board to do so. On application of any person feeling aggrieved, the board shall review the assessment or classification, or both, and correct it as appears just. The board may not make an individual market value adjustment or classification change that would benefit the property if the owner or other person having control over the property has refused the assessor access to inspect the property and the interior of any buildings or structures as provided in section 273.20. A board member shall not participate in any actions of the board which result in market value adjustments or classification changes to property owned by the board member, the spouse, parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece of a board member, or property in which a board member has a financial interest. The relationship may be by blood or marriage.
(c) A local board may reduce assessments upon petition of the taxpayer but the total reductions must not reduce the aggregate assessment made by the county assessor by more than one percent. If the total reductions would lower the aggregate assessments made by the county assessor by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation.
(d) A local board does not have authority to grant an exemption or to order property removed from the tax rolls.
(e) A majority of the members may act at the
meeting, and adjourn from day to day until they finish hearing the cases
presented. The assessor shall attend,
with the assessment books and papers, and take part in the proceedings, but
must not vote. The county assessor, or
an assistant delegated by the county assessor shall attend the meetings. The board shall list separately, on a form
appended to the assessment book, all omitted property added to the list by
the board and all items of property increased or decreased, with the market
value of each item of property, added or changed by the board, placed
opposite the item. The county
assessor shall enter all changes made by the board in the assessment book.
(f) Except as provided in subdivision 3, if
a person fails to appear in person, by counsel, or by written communication
before the board after being duly notified of the board's intent to raise the
assessment of the property, or if a person feeling aggrieved by an assessment
or classification fails to apply for a review of the assessment or
classification, the person may not appear before the county board of appeal and
equalization for a review of the assessment or classification. This paragraph does not apply if an
assessment was made after the local board meeting, as provided in section
273.01, or if the person can establish not having received notice of market value
at least five days before the local board meeting.
(g) The local board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, unless a longer period is approved by the commissioner of revenue. No action taken after that date is valid. All complaints about an assessment or classification made after the meeting of the board must be heard and determined by the county board of equalization. A nonresident may, at any time, before the meeting of the board file written objections to an assessment or classification with the county assessor. The objections must be presented to the board at its meeting by the county assessor for its consideration.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. Minnesota Statutes 2012, section 274.01, subdivision 2, is amended to read:
Subd. 2. Special
board; duties delegated. The
governing body of a city, including a city whose charter provides for a
board of equalization, may appoint a special board of review. The city may delegate to the special board of
review all of the powers and duties in subdivision 1. The special board of review shall serve at
the direction and discretion of the appointing body, subject to the restrictions
imposed by law. The appointing body
shall determine the number of members of the board, the compensation and
expenses to be paid, and the term of office of each member. At least one member of the special board of
review must be an appraiser, realtor, or other person familiar with property
valuations in the assessment district.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. Minnesota Statutes 2012, section 275.08, subdivision 1a, is amended to read:
Subd. 1a. Computation
of tax capacity. For taxes
payable in 1989, the county auditor shall compute the gross tax capacity for
each parcel according to the class rates specified in section 273.13. The gross tax capacity will be the
appropriate class rate multiplied by the parcel's market value. For taxes payable in 1990 and subsequent
years, The county auditor shall compute the net tax capacity for each
parcel according to the class rates specified in section 273.13. The net tax capacity will be the appropriate
class rate multiplied by the parcel's market value.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. Minnesota Statutes 2012, section 275.08, subdivision 1d, is amended to read:
Subd. 1d. Additional
adjustment. If, after computing each
local government's adjusted local tax rate within a unique taxing jurisdiction
pursuant to subdivision 1c, the auditor finds that the total adjusted local tax
rate of all local governments combined is less than 90 percent of gross tax
capacity for taxes payable in 1989 and 90 percent of net tax capacity for
taxes payable in 1990 and thereafter, the auditor shall increase each local
government's adjusted local tax rate proportionately so the total adjusted
local tax rate of all local governments combined equals 90 percent. The total amount of the increase in tax
resulting from the increased local tax rates must not exceed the amount of
disparity aid allocated to the unique taxing district under section 273.1398. The auditor shall certify to the Department
of Revenue the difference between the disparity aid originally allocated under
section 273.1398, subdivision 3, and the amount necessary to reduce the total
adjusted local tax rate of all local governments combined to 90 percent. Each local government's disparity reduction
aid payment under section 273.1398, subdivision 6, must be reduced accordingly.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 36. Minnesota Statutes 2013 Supplement, section 275.70, subdivision 5, is amended to read:
Subd. 5. Special levies. "Special levies" means those portions of ad valorem taxes levied by a local governmental unit for the following purposes or in the following manner:
(1) to pay the costs of the principal and interest on bonded indebtedness or to reimburse for the amount of liquor store revenues used to pay the principal and interest due on municipal liquor store bonds in the year preceding the year for which the levy limit is calculated;
(2) to pay the costs of principal and interest on certificates of indebtedness issued for any corporate purpose except for the following:
(i) tax anticipation or aid anticipation certificates of indebtedness;
(ii) certificates of indebtedness issued under sections 298.28 and 298.282;
(iii) certificates of indebtedness used to fund current expenses or to pay the costs of extraordinary expenditures that result from a public emergency; or
(iv) certificates of indebtedness used to fund an insufficiency in tax receipts or an insufficiency in other revenue sources, provided that nothing in this subdivision limits the special levy authorized under section 475.755;
(3) to provide for the bonded indebtedness portion of payments made to another political subdivision of the state of Minnesota;
(4) to fund payments made to the Minnesota State Armory Building Commission under section 193.145, subdivision 2, to retire the principal and interest on armory construction bonds;
(5) property taxes approved by voters which are levied against the referendum market value as provided under section 275.61;
(6) to fund matching requirements needed to qualify for federal or state grants or programs to the extent that either (i) the matching requirement exceeds the matching requirement in calendar year 2001, or (ii) it is a new matching requirement that did not exist prior to 2002;
(7) to pay the expenses reasonably and necessarily incurred in preparing for or repairing the effects of natural disaster including the occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from natural causes, in accordance with standards formulated by the Emergency Services Division of the state Department of Public Safety, as allowed by the commissioner of revenue under section 275.74, subdivision 2;
(8) pay amounts required to correct an error in the levy certified to the county auditor by a city or county in a levy year, but only to the extent that when added to the preceding year's levy it is not in excess of an applicable statutory, special law or charter limitation, or the limitation imposed on the governmental subdivision by sections 275.70 to 275.74 in the preceding levy year;
(9) to pay an abatement under section 469.1815;
(10) to pay any costs attributable to increases in the employer contribution rates under chapter 353, or locally administered pension plans, that are effective after June 30, 2001;
(11) to pay the operating or maintenance costs of a county jail as authorized in section 641.01 or 641.262, or of a correctional facility as defined in section 241.021, subdivision 1, paragraph (f), to the extent that the county can demonstrate to the commissioner of revenue that the amount has been included in the county budget as a direct result of a rule, minimum requirement, minimum standard, or directive of the Department of Corrections, or to pay the operating or maintenance costs of a regional jail as authorized in section 641.262. For purposes of this clause, a district court order is not a rule, minimum requirement, minimum standard, or directive of the Department of Corrections. If the county utilizes this special levy, except to pay operating or maintenance costs of a new regional jail facility under sections 641.262 to 641.264 which will not replace an existing jail facility, any amount levied by the county in the previous levy year for the purposes specified under this clause and included in the county's previous year's levy limitation computed under section 275.71, shall be deducted from the levy limit base under section 275.71, subdivision 2, when determining the county's current year levy limitation. The county shall provide the necessary information to the commissioner of revenue for making this determination;
(12) to pay for operation of a lake improvement district, as authorized under section 103B.555. If the county utilizes this special levy, any amount levied by the county in the previous levy year for the purposes specified under this clause and included in the county's previous year's levy limitation computed under section 275.71 shall be deducted from the levy limit base under section 275.71, subdivision 2, when determining the county's current year levy limitation. The county shall provide the necessary information to the commissioner of revenue for making this determination;
(13) to repay a state or federal loan used to fund the direct or indirect required spending by the local government due to a state or federal transportation project or other state or federal capital project. This authority may only be used if the project is not a local government initiative;
(14)
to pay for court administration costs as required under section 273.1398,
subdivision 4b, less the (i) county's share of transferred fines and fees
collected by the district courts in the county for calendar year 2001 and (ii)
the aid amount certified to be paid to the county in 2004 under section
273.1398, subdivision 4c; however, for taxes levied to pay for these costs in
the year in which the court financing is transferred to the state, the amount
under this clause is limited to the amount of aid the county is certified to
receive under section 273.1398, subdivision 4a;
(15) (14) to fund a
firefighters relief association as required under Laws 2013, chapter 111,
article 5, sections 31 to 42, to the extent that the required amount exceeds
the amount levied for this purpose in 2001;
(16) (15) for purposes of a
storm sewer improvement district under section 444.20;
(17) (16) to pay for the
maintenance and support of a city or county society for the prevention of
cruelty to animals under section 343.11, but not to exceed in any year $4,800
or the sum of $1 per capita based on the county's or city's population as of
the most recent federal census, whichever is greater. If the city or county uses this special levy,
any amount levied by the city or county in the previous levy year for the
purposes specified in this clause and included in the city's or county's
previous year's levy limit computed under section 275.71, must be deducted from
the levy limit base under section 275.71, subdivision 2, in determining the
city's or county's current year levy limit;
(18) (17) for counties, to pay
for the increase in their share of health and human service costs caused by
reductions in federal health and human services grants effective after
September 30, 2007;
(19) (18) for a city, for the
costs reasonably and necessarily incurred for securing, maintaining, or
demolishing foreclosed or abandoned residential properties, as allowed by the
commissioner of revenue under section 275.74, subdivision 2. A city must have either (i) a foreclosure
rate of at least 1.4 percent in 2007, or (ii) a foreclosure rate in 2007 in the
city or in a zip code area of the city that is at least 50 percent higher than
the average foreclosure rate in the metropolitan area, as defined in section
473.121, subdivision 2, to use this special levy. For purposes of this paragraph,
"foreclosure rate" means the number of foreclosures, as indicated by
sheriff sales records, divided by the number of households in the city in 2007;
(20) for a city, for the unreimbursed
costs of redeployed traffic-control agents and lost traffic citation revenue
due to the collapse of the Interstate 35W bridge, as certified to the Federal
Highway Administration;
(21) (19) to pay costs
attributable to wages and benefits for sheriff, police, and fire personnel. If a local governmental unit did not use this
special levy in the previous year its levy limit base under section 275.71
shall be reduced by the amount equal to the amount it levied for the purposes
specified in this clause in the previous year;
(22) (20) an amount equal to
any reductions in the certified aids or credit reimbursements payable under
sections 477A.011 to 477A.014, and section 273.1384, due to unallotment under
section 16A.152 or reductions under another provision of law. The amount of the levy allowed under this
clause for each year is limited to the amount unallotted or reduced from the
aids and credit reimbursements certified for payment in the year following the
calendar year in which the tax levy is certified unless the unallotment or
reduction amount is not known by September 1 of the levy certification year,
and the local government has not adjusted its levy under section 275.065,
subdivision 6, or 275.07, subdivision 6, in which case that unallotment or
reduction amount may be levied in the following year;
(23) (21) to pay for the
difference between one-half of the costs of confining sex offenders undergoing
the civil commitment process and any state payments for this purpose pursuant
to section 253D.12;
(24) (22) for a county to pay
the costs of the first year of maintaining and operating a new facility or new
expansion, either of which contains courts, corrections, dispatch, criminal
investigation labs, or other public safety facilities and for which all or a
portion of the funding for the site acquisition, building design, site
preparation, construction, and related equipment was issued or authorized prior
to the imposition of levy limits in 2008. The levy limit base shall then be increased
by an amount equal to the new facility's first full year's operating costs as
described in this clause; and
(25) (23) for the estimated amount of reduction to market value credit reimbursements under section 273.1384 for credits payable in the year in which the levy is payable.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota Statutes 2012, section 275.74, subdivision 2, is amended to read:
Subd. 2. Authorization for special levies. (a) A local governmental unit may request authorization to levy for unreimbursed costs for natural disasters under section 275.70, subdivision 5, clause (7). The local governmental unit shall submit a request to levy under section 275.70, subdivision 5, clause (7), to the commissioner of revenue by September 30 of the levy year and the request must include information documenting the estimated unreimbursed costs. The commissioner of revenue may grant levy authority, up to the amount requested based on the documentation submitted. All decisions of the commissioner are final.
(b) A city may request authorization to levy
for reasonable and necessary costs for securing, maintaining, or demolishing
foreclosed or abandoned residential properties under section 275.70,
subdivision 5, clause (19) (18).
The local governmental unit shall submit a request to levy under section
275.70, subdivision 5, clause (19) (18), to the commissioner of
revenue by September 30 of the levy year and the request must include
information documenting the estimated costs.
For taxes payable in 2009, the amount may include unanticipated costs
incurred above the amount budgeted for these purposes in 2008. Costs of securing foreclosed or abandoned
residential properties include payment for police and fire department services. The commissioner of revenue may grant levy
authority, up to the lesser of (1) the amount requested based on the
documentation submitted, or (2) $3,000 multiplied by the number of foreclosed
residential properties, as defined by sheriff sales records, in calendar year
2007. All decisions of the commissioner
are final.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. Minnesota Statutes 2012, section 275.75, is amended to read:
275.75
CHARTER EXEMPTION FOR AID LOSS.
Notwithstanding any other provision of a
municipal charter that limits ad valorem taxes to a lesser amount, or that
would require voter approval for any increase, the governing body of a
municipality may by resolution increase its levy in any year by an amount equal
to its special levies under section 275.70, subdivision 5, clauses (22) and
(25) (20) and (23).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 39. Minnesota Statutes 2012, section 279.03, subdivision 1, is amended to read:
Subdivision 1. Rate
Interest calculation. The
rate of interest on delinquent property taxes levied in 1979 and prior years is
fixed at six percent per year until January 1, 1983. Thereafter Interest is payable at the rate
determined pursuant to section 549.09. The
rate of interest on delinquent property taxes levied in 1980 and subsequent
years is the rate determined pursuant to section 549.09. All provisions of law except section 549.09
providing for the calculation of interest at any different rate on delinquent
taxes in any notice or proceeding in connection with the payment, collection,
sale, or assignment of delinquent taxes, or redemption from such sale or
assignment are hereby amended to correspond herewith. Section 549.09 shall continue in force
applies with respect to judgments arising out of petitions for review
filed pursuant to chapter 278 irrespective of the levy year.
For property taxes levied in 1980 and prior years, interest is to be calculated at simple interest from the second Monday in May following the year in which the taxes become due until the time that the taxes and penalties are paid, computed on the amount of unpaid taxes, penalties and costs. For property taxes levied in 1981 and subsequent years, Interest shall commence on the first day of January following the year in which the taxes become due, but the county treasurer need not calculate interest on unpaid taxes and penalties on the tax list returned to the county auditor pursuant to section 279.01.
If interest is payable for a portion of a year, the interest is calculated only for the months that the taxes or penalties remain unpaid, and for this purpose a portion of a month is deemed to be a whole month.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. Minnesota Statutes 2012, section 279.03, subdivision 1a, is amended to read:
Subd. 1a. Rate after
December 31, 1990. (a) Except as
provided in paragraph (b), interest on delinquent property taxes, penalties,
and costs unpaid on or after January 1, 1991, shall be is payable
at the per annum rate determined in section 270C.40, subdivision 5. If the rate so determined is less than ten
percent, the rate of interest shall be is ten percent. The maximum per annum rate shall be is
14 percent if the rate specified under section 270C.40, subdivision 5, exceeds
14 percent. The rate shall be is
subject to change on January 1 of each year.
(b) If a person is the owner of one or
more parcels of property on which taxes are delinquent, and the delinquent
taxes are more than 25 percent of the prior year's school district levy,
interest on the delinquent property taxes, penalties, and costs unpaid after
January 1, 1992, shall be is payable at twice the rate determined
under paragraph (a) for the year.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. Minnesota Statutes 2012, section 279.16, is amended to read:
279.16
JUDGMENT WHEN NO ANSWER; FORM; ENTRY.
Upon the expiration of 20 days from the later of the filing of the affidavit of publication or the filing of the affidavit of mailing pursuant to section 279.131, the court administrator shall enter judgment against each and every such parcel as to which no answer has been filed, which judgment shall include all such parcels, and shall be substantially in the following form:
State of Minnesota |
) |
District Court, |
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) ss. |
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County of …………………... |
) |
.............. Judicial District. |
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In the matter of the proceedings to enforce payment of the taxes on real estate remaining delinquent on the first Monday in January, ......., for the county of ...................., state of Minnesota.
A list of taxes on real property, delinquent on the first Monday in January, ......., for said county of ................., having been duly filed in the office of the court administrator of this court, and the notice and list required by law having been duly published and mailed as required by law, and more than 20 days having elapsed since the last publication of the notice and list, and no answer having been filed by any person, company, or corporation to the taxes upon any of the parcels of land hereinafter described, it is hereby adjudged that each parcel of land hereinafter described is liable for taxes, penalties, and costs to the amount set opposite the same, as follows:
Description. |
Parcel Number. |
Amount. |
The amount of taxes, penalties, and cost to which, as hereinbefore stated, each of such parcels of land is liable, is hereby declared a lien upon such parcel of land as against the estate, right, title, interest, claim, or lien, of whatever nature, in law or equity, of every person, company, or corporation; and it is adjudged that, unless the amount to which each of such parcels is liable be paid, each of such parcels be sold, as provided by law, to satisfy the amount to which it is liable.
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Dated this ............. day of ................, ...... |
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…………………………………………… |
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Court Administrator of the District Court, County of ………………...……..………. |
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The judgment shall be entered by the court
administrator in a book to be kept by the court administrator, to be called the
real estate tax judgment book, and signed by the court administrator. The judgment shall be written out on the
left-hand pages of the book, leaving the right-hand pages blank for the entries
in this chapter hereinafter provided; and The same presumption in favor of
the regularity and validity of the judgment shall be deemed to exist as in
respect to judgments in civil actions in such court, except where taxes have
been paid before the entry of judgment, or where the land is exempt from
taxation, in which cases the judgment shall be prima facie evidence only of its
regularity and validity.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42. Minnesota Statutes 2012, section 279.23, is amended to read:
279.23
COPY OF JUDGMENT TO COUNTY AUDITOR.
When any real estate tax judgment is
entered, the court administrator shall forthwith deliver to the county auditor, in a book to be provided by the
auditor, a certified copy of such judgment, which shall be written on
the left-hand pages of the book, leaving the right-hand pages
blank.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Minnesota Statutes 2012, section 279.25, is amended to read:
279.25
PAYMENT BEFORE JUDGMENT.
Before sale any person may pay the amount
adjudged against any parcel of land. If
payment is made before entry of judgment, and the delinquent list has been
filed with the court administrator, the county auditor shall immediately
certify such payment to the court administrator, who shall note the same on
such delinquent list; and all proceedings pending against such parcel shall
thereupon be discontinued. If payment is
made after judgment is entered and before sale, the auditor shall certify such
payment to the clerk, who, upon production of such certificate and the payment
of a fee of ten cents, shall enter on the right-hand page of the real estate
tax judgment book, and opposite the description of such parcel, satisfaction
of the judgment against the same. The
auditor shall make proper records of all payments made under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 44. Minnesota Statutes 2013 Supplement, section 279.37, subdivision 2, is amended to read:
Subd. 2. Installment
payments. The owner of any such
parcel, or any person to whom the right to pay taxes has been given by statute,
mortgage, or other agreement, may make and file with the county auditor of the
county in which the parcel is located a written offer to pay the current taxes
each year before they become delinquent, or to contest the taxes under Minnesota
Statutes 1941, sections 278.01 to 278.13 chapter 278, and agree to
confess judgment for the amount provided, as determined by the county auditor. By filing the offer, the owner waives all
irregularities in connection with the tax proceedings affecting the parcel and
any defense or objection which the owner may have to the proceedings, and also
waives the requirements of any notice of default in the payment of any installment
or interest to become due pursuant to the composite judgment to be so entered. Unless the property is subject to subdivision
1a, with the offer, the owner shall (i) tender one-tenth of the amount of the
delinquent taxes, costs, penalty, and interest, and (ii) tender all current
year taxes and penalty due at the time the confession of judgment is entered. In the offer, the owner shall agree to pay
the balance in nine equal installments, with interest as provided in section
279.03, payable annually on installments remaining unpaid from time to time, on
or before December 31 of each year following the year in which judgment was
confessed. The offer must be
substantially as follows:
"To the court administrator of the district court of ........... county, I, ....................., am the owner of the following described parcel of real estate located in .................... county, Minnesota:
.............................. Upon that real estate there are delinquent
taxes for the year ........., and prior years, as follows: (here insert year of delinquency and the
total amount of delinquent taxes, costs, interest, and penalty). By signing this document I offer to confess
judgment in the sum of $...... and waive all irregularities in the tax
proceedings affecting these taxes and any defense or objection which I may have
to them, and direct judgment to be entered for the amount stated above, minus
the sum of $............, to be paid with this document, which is one-tenth or
one-fifth of the amount of the taxes, costs, penalty, and interest stated above. I agree to pay the balance of the judgment in
nine or four equal, annual installments, with interest as provided in section
279.03, payable annually, on the installments remaining unpaid. I agree to pay the installments and interest
on or before December 31 of each year following the year in which this judgment
is confessed and current taxes each year before they become delinquent, or
within 30 days after the entry of final judgment in proceedings to contest the
taxes under Minnesota Statutes, sections 278.01 to 278.13 chapter 278.
Dated ........................., …......."
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 45. Minnesota Statutes 2012, section 280.001, is amended to read:
280.001
PUBLIC SALES, AUDITOR'S CERTIFICATES ABOLISHED.
Effective the second Monday in May
1974, and each year thereafter, No parcel of land against which judgment
has been entered and remains unsatisfied for the taxes of the preceding year or
years may be sold at public vendue as provided in sections 280.01 and 280.02 by
the county auditor but shall be treated in the same manner and regarded in all
respects as land bid in for the state by the auditor in the manner provided in
section 280.02. No notice of sale
required by section 280.01 shall be published or posted in 1974 and in years
thereafter, and no auditor's certificate authorized by section 280.03 shall
be issued on the second Monday in May 1974, or thereafter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. Minnesota Statutes 2012, section 280.03, is amended to read:
280.03
CERTIFICATE OF SALE.
The county auditor shall execute to the purchaser of each parcel a certificate which may be substantially in the following form:
"I, .........., auditor of the county
of .........., state of Minnesota, do hereby certify that at the sale of lands
pursuant to the real estate tax judgment entered in the district court in the
county of .........., on the .......... day
of .........., ......., in proceedings to enforce the payment of taxes
delinquent on real estate for the years .........., for the county of
.........., which sale was held at ..............., in said county of ........,
on the ........ day of ........, ......., the following described parcel of
land, situate in said county of .........., state of Minnesota: (insert description), was offered for sale to
the bidder who should offer to pay the amount for which the same was to be
sold, at the lowest annual rate of interest on such amount; and at said sale I
did sell the said parcel of land to .......... for the sum of .......... dollars,
with interest at .......... percent per annum on such amount, that being the
sum for which the same was to be sold, and such rate of interest being the
lowest rate percent per annum bid on such sum; and, the sum having been paid, I
do therefore, in consideration thereof, and pursuant to the statute in such
case made and provided, convey the said parcel of land, in fee simple, subject
to easements and restrictions of record at the date of the tax judgment sale,
including, but without limitation, permits for telephone, telegraph and
electric power lines either by underground cable or conduit or otherwise, sewer
and water lines, highways, railroads, and pipe lines for gas, liquids, or
solids in suspension, to said .........., and the heirs and assigns of .......,
forever, subject to redemption as provided by law.
Witness my hand and official seal this ........ day of ........, ....... .
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County Auditor." |
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If the land shall not be redeemed as
provided in chapter 281, such certificate shall pass to the purchaser an estate
therein, in fee simple, without any other act or deed whatever subject to
easements and restrictions of record at the date of the tax judgment sale,
including, but without limitation, permits for telephone, telegraph, and
electric power lines either by underground cable or conduit or otherwise, sewer
and water lines, highways, railroads, and pipe lines for gas, liquids, or
solids in suspension. Such certificate
may be recorded, after the time for redemption shall have expired, as other
deeds of real estate, and with like effect.
If any purchaser at such sale shall purchase more than one parcel, the
auditor shall issue to the purchaser a certificate for each parcel so
purchased.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. Minnesota Statutes 2012, section 280.07, is amended to read:
280.07
ENTRIES IN JUDGMENT BOOKS AFTER SALE.
Immediately after such sale the county
auditor shall set out in the copy judgment book record that all
parcels were bid in for the state. The
county auditor shall thereupon deliver such book to notify the
court administrator, who shall forthwith enter on the right-hand page of the
real estate tax judgment book, opposite the description of each parcel sold,
the words "bid in for the state," and thereupon redeliver the copy
judgment book to the auditor. Upon
redemption the auditor shall make a note thereon in the copy judgment
book, opposite the parcel redeemed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 48. Minnesota Statutes 2012, section 280.11, is amended to read:
280.11
LANDS BID IN FOR STATE.
At any time after any parcel of land has been bid in for the state, the same not having been redeemed, the county auditor shall assign and convey the same, and all the right of the state therein acquired at such sale, to any person who shall pay the amount for which the same was bid in, with interest at the rate of 12 percent per annum, and the amount of all subsequent delinquent taxes, penalties, costs, and interest at such rate upon the same from the time when such taxes became delinquent. The county auditor shall execute to such person a certificate for such parcel, which may be substantially in the following form:
"I, .........., auditor of the county
of .........., state of Minnesota, do hereby certify that at the sale of lands
pursuant to the real estate tax judgment entered in the district court in the
county of .........., on the .......... day
of .........., ......., in proceedings to enforce the payment of taxes
delinquent upon real estate for the years .......... for the county of
.........., which sale was held at .........., in said county of .........., on
the .......... day of .........., ......., the following described parcel of
land, situate in said county of .........., state of Minnesota: (insert description), was duly offered for
sale; and, no one bidding upon such offer an amount equal to that for which the
parcel was subject to be sold, the same was then bid in for the state at such
amount, being the sum of .......... dollars; and the same still remaining
unredeemed, and on this day .......... having
paid into the treasury of the county the amount for which the same was so bid
in, and all subsequent delinquent taxes, penalties, costs, and interest,
amounting in all to .......... dollars, therefore, in consideration thereof,
and pursuant to the statute in such case made and provided, I do hereby assign
and convey this parcel of land, in fee simple, subject to easements and
restrictions of record at the date of the tax judgment sale, including but without
limitation, permits for telephone, telegraph, and electric power lines
either by underground cable or conduit or otherwise, sewer and water lines,
highways, railroads, and pipe lines for gas, liquids, or solids in suspension,
with all the right, title and interest of the state acquired therein at such
sale to .........., and the heirs and assigns of ........, forever, subject to
redemption as provided by law.
Witness my hand and official seal this .......... day of .........., .......
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County Auditor." |
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If the land shall not be redeemed, as
provided in chapter 281, such certificate shall pass to the purchaser or
assignee an estate therein, in fee simple, without any other act or deed
whatever subject to easements and restrictions of record at the date of the tax
judgment sale, including, but without limitation, permits for telephone,
telegraph and electric power lines either by underground cable or conduit
or otherwise, sewer and water lines, highways, railroads, and pipe lines for
gas, liquids, or solids in suspension. Such
certificate or conveyance may be recorded, after the time for redemption shall
have expired, as other deeds of real estate, and with like effect. No assignment of the right of the state shall
be given pursuant to this section after January 1, 1972.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 49. Minnesota Statutes 2012, section 281.03, is amended to read:
281.03
AUDITOR'S CERTIFICATE.
The county auditor shall certify to the
amount due on such redemption, and, on payment of the same to the county
treasurer, shall make duplicate receipts for the certified amount, describing
the property redeemed, one of which shall be filed with the auditor. Such receipts shall be governed by the
provisions of this chapter regulating the payment of current taxes and such
payment shall have the effect to annul the sale. If the amount certified by the auditor and
received in payment for redemption be less than that required by law, it shall
not invalidate the redemption. On
redemption being made, the auditor shall enter upon the copy of the tax
judgment book, opposite the description of record the parcel as
redeemed, the word, "redeemed.".
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 50. Minnesota Statutes 2013 Supplement, section 281.17, is amended to read:
281.17
PERIOD FOR REDEMPTION.
Except for properties for which the period of redemption has been limited under sections 281.173 and 281.174, the following periods for redemption apply.
The period of redemption for all lands sold to the state at a tax judgment sale shall be three years from the date of sale to the state of Minnesota.
The period of redemption for homesteaded
lands as defined in section 273.13, subdivision 22, located in a targeted
neighborhood as defined in Laws 1987, chapter 386, article 6, section 4, and
sold to the state at a tax judgment sale is three years from the date of sale. The period of redemption for all lands
located in a targeted neighborhood as defined in Laws 1987, chapter 386,
article 6, section 4, except (1) homesteaded lands as defined in section
273.13, subdivision 22, and (2) for periods of redemption beginning after
June 30, 1991, but before July 1, 1996, lands located in the Loring Park
targeted neighborhood on which a notice of lis pendens has been served, and
sold to the state at a tax judgment sale is one year from the date of sale.
The period of redemption for all real property constituting a mixed municipal solid waste disposal facility that is a qualified facility under section 115B.39, subdivision 1, is one year from the date of the sale to the state of Minnesota.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 51. Minnesota Statutes 2012, section 281.327, is amended to read:
281.327
CANCELLATION OF CERTIFICATE UPON JUDICIAL ORDER.
Upon the petition of any person interested
in the land covered by a real estate tax sale certificate, state assignment
certificate, or forfeited tax sale certificate and, upon the giving of such
notice to the holder of such certificate as may be ordered, the district court,
in the proceedings resulting in the judgment upon which a real estate tax
judgment sale certificate, state assignment certificate, or forfeited tax sale
certificate is based, may order the cancellation of a real estate tax judgment
sale certificate, state assignment certificate, or forfeited tax sale
certificate upon which notice of expiration of time of redemption has been
issued when the certificate or a deed issued thereon has not been recorded in
the office of the county recorder or filed in that of the registrar of titles,
if the land is registered, within seven years after the date of the issuance of
such certificate; the county auditor, on the filing of the order, shall make
an entry in the proper copy real estate tax judgment book, opposite the
description of the land, "canceled by order of court" record
the land as canceled by order of court; and the rights of the holder under
the certificate shall thereupon be terminated of record in the office of the
county auditor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 52. Minnesota Statutes 2012, section 282.01, subdivision 6, is amended to read:
Subd. 6. Duties of commissioner after sale. When any sale has been made by the county auditor under sections 282.01 to 282.13, the auditor shall immediately certify to the commissioner of revenue such information relating to such sale, on such forms as the commissioner of revenue may prescribe as will enable the commissioner of revenue to prepare an appropriate deed if the sale is for cash, or keep necessary records if the sale is on terms; and not later than October 31 of each year the county auditor shall submit to the commissioner of revenue a statement of all instances wherein any payment of principal, interest, or current taxes on lands held under certificate, due or to be paid during the preceding calendar years, are still outstanding at the time such certificate is made. When such
statement
shows that a purchaser or the purchaser's assignee is in default, the
commissioner of revenue may instruct the county board of the county in which
the land is located to cancel said certificate of sale in the manner provided
by subdivision 5, provided that upon recommendation of the county board, and
where the circumstances are such that the commissioner of revenue after
investigation is satisfied that the purchaser has made every effort reasonable
to make payment of both the annual installment and said taxes, and that there
has been no willful neglect on the part of the purchaser in meeting these
obligations, then the commissioner of revenue may extend the time for the
payment for such period as the commissioner may deem warranted, not to exceed
one year. On payment in full of the
purchase price, appropriate conveyance in fee, in such form as may be
prescribed by the attorney general, shall be issued by the commissioner of
revenue, which conveyance must be recorded by the county and shall have the
force and effect of a patent from the state subject to easements and
restrictions of record at the date of the tax judgment sale, including, but
without limitation, permits for telephone, telegraph, and electric power
lines either by underground cable or conduit or otherwise, sewer and water
lines, highways, railroads, and pipe lines for gas, liquids, or solids in
suspension.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes 2012, section 282.04, subdivision 4, is amended to read:
Subd. 4. Easements. The county auditor, when and for such
price and on such terms and for such period as the county board prescribes, may
grant easements or permits on unsold tax-forfeited land for telephone,
telegraph, and electric power lines either by underground cable or conduit
or otherwise, sewer and water lines, highways, recreational trails, railroads,
and pipe lines for gas, liquids, or solids in suspension. Any such easement or permit may be canceled
by resolution of the county board after reasonable notice for any substantial
breach of its terms or if at any time its continuance will conflict with public
use of the land, or any part thereof, on which it is granted. Land affected by any such easement or permit
may be sold or leased for mineral or other legal purpose, but sale or lease
shall be subject to the easement or permit, and all rights granted by the
easement or permit shall be excepted from the conveyance or lease of the land
and be reserved, and may be canceled by the county board in the same manner and
for the same reasons as it could have been canceled before sale and in that
case the rights granted thereby shall vest in the state in trust as the land on
which it was granted was held before sale or lease. Any easement or permit granted before passage
of Laws 1951, Chapter 203, may be governed thereby if the holder thereof and
county board so agree. Reasonable notice
as used in this subdivision, means a 90-day written notice addressed to the
record owner of the easement at the last known address, and upon cancellation
the county board may grant extensions of time to vacate the premises affected.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 54. Minnesota Statutes 2012, section 282.261, subdivision 2, is amended to read:
Subd. 2. Interest
rate. The unpaid balance on any
repurchase contract approved by the county board on or after July 1, 1982,
is subject to interest at the rate determined pursuant to section 549.09. Repurchase contracts approved after December
31, 1990, are subject to interest at the rate determined in section 279.03,
subdivision 1a. The interest rate is
subject to change each year on the unpaid balance in the manner provided for
rate changes in section 549.09 or 279.03, subdivision 1a, whichever
is applicable. Interest on the unpaid
contract balance on repurchases approved before July 1, 1982, is payable at the
rate applicable to the repurchase contract at the time that it was approved.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 55. Minnesota Statutes 2012, section 282.261, subdivision 4, is amended to read:
Subd. 4. Service
fee. The county auditor may collect
a service fee to cover administrative costs as set by the county board for each
repurchase application received after July 1, 1985. The fee must be paid at the time of
application and must be credited to the county general revenue fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 56. Minnesota Statutes 2012, section 282.261, subdivision 5, is amended to read:
Subd. 5. County
may impose conditions of repurchase. The
county auditor, after receiving county board approval, may impose conditions on
repurchase of tax-forfeited lands limiting the use of the parcel subject to the
repurchase, including, but not limited to, environmental remediation action
plan restrictions or covenants, or easements for lines or equipment for
telephone, telegraph, electric power, or telecommunications.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 57. Minnesota Statutes 2012, section 282.322, is amended to read:
282.322
FORFEITED LANDS LIST.
The county board of any county may at
any time after the passage of Laws 1945, chapter 296, file a list of
forfeited lands with the county auditor, if the board is of the opinion that
such lands may be acquired by the state or any municipal subdivision thereof
for public purposes. Upon the filing of
such list the county auditor shall withhold said lands from repurchase. If no proceeding shall be started to acquire
such lands by the state or some municipal subdivision thereof within one year
after the filing of such list the county board shall withdraw said list and
thereafter the owner shall have one year in which to repurchase as otherwise
provided in Laws 1945, chapter 296.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 58. Minnesota Statutes 2012, section 287.30, is amended to read:
287.30
COUNTY TREASURER; DUTIES.
The care of documentary stamps entrusted
to county treasurers and the duties imposed upon county treasurers by this
chapter are within the duties of such office and are within the coverage of any
official bond delivered to the state, conditioned that any such officer shall
faithfully execute the duties of office.
The county board may by resolution require the county auditor to perform
any duty imposed on the county treasurer under this chapter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 59. Minnesota Statutes 2012, section 289A.25, subdivision 1, is amended to read:
Subdivision 1. Requirements to pay. An individual, trust, S corporation, or partnership must, when prescribed in subdivision 3, paragraph (b), make payments of estimated tax. For individuals, the term "estimated tax" means the amount the taxpayer estimates is the sum of the taxes imposed by chapter 290 for the taxable year. For trusts, S corporations, and partnerships, the term estimated tax means the amount the taxpayer estimates is the sum of the taxes for the taxable year imposed by chapter 290 and the composite income tax imposed by section 289A.08, subdivision 7. If the individual is an infant or incompetent person, the payments must be made by the individual's guardian. If joint payments on estimated tax are made but a joint return is not made for the taxable year, the estimated tax for that year may be treated as the estimated tax of either the husband or the wife or may be divided between them.
Notwithstanding
the provisions of this section, no payments of estimated tax are required if
the estimated tax, as defined in this subdivision, less the credits allowed
against the tax, is less than $500.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 60. Minnesota Statutes 2012, section 290.01, subdivision 5, is amended to read:
Subd. 5. Domestic corporation. The term "domestic" when applied to a corporation means a corporation:
(1) created or organized in the United
States, or under the laws of the United States or of any state, the District of
Columbia, or any political subdivision of any of the foregoing but not
including the Commonwealth of Puerto Rico, or any possession of the United
States; or
(2) which qualifies as a DISC, as defined
in section 992(a) of the Internal Revenue Code; or.
(3) which qualifies as a FSC, as
defined in section 922 of the Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 61. Minnesota Statutes 2013 Supplement, section 290.01, subdivision 19d, is amended to read:
Subd. 19d. Corporations; modifications decreasing federal taxable income. For corporations, there shall be subtracted from federal taxable income after the increases provided in subdivision 19c:
(1) the amount of foreign dividend gross-up added to gross income for federal income tax purposes under section 78 of the Internal Revenue Code;
(2) the amount of salary expense not allowed for federal income tax purposes due to claiming the work opportunity credit under section 51 of the Internal Revenue Code;
(3) any dividend (not including any distribution in liquidation) paid within the taxable year by a national or state bank to the United States, or to any instrumentality of the United States exempt from federal income taxes, on the preferred stock of the bank owned by the United States or the instrumentality;
(4) amounts disallowed for intangible
drilling costs due to differences between this chapter and the Internal Revenue
Code in taxable years beginning before January 1, 1987, as follows:
(i) to the extent the disallowed costs
are represented by physical property, an amount equal to the allowance for
depreciation under Minnesota Statutes 1986, section 290.09, subdivision 7,
subject to the modifications contained in subdivision 19e; and
(ii) to the extent the disallowed costs
are not represented by physical property, an amount equal to the allowance for
cost depletion under Minnesota Statutes 1986, section 290.09, subdivision 8;
(5) (4) the deduction for capital losses
pursuant to sections 1211 and 1212 of the Internal Revenue Code, except that:
(i) for capital losses incurred in taxable years beginning after December 31, 1986, capital loss carrybacks shall not be allowed;
(ii) for capital losses incurred in taxable years beginning after December 31, 1986, a capital loss carryover to each of the 15 taxable years succeeding the loss year shall be allowed;
(iii) for capital losses incurred in taxable years beginning before January 1, 1987, a capital loss carryback to each of the three taxable years preceding the loss year, subject to the provisions of Minnesota Statutes 1986, section 290.16, shall be allowed; and
(iv) for capital losses incurred in taxable years beginning before January 1, 1987, a capital loss carryover to each of the five taxable years succeeding the loss year to the extent such loss was not used in a prior taxable year and subject to the provisions of Minnesota Statutes 1986, section 290.16, shall be allowed;
(6) (5) an amount for interest
and expenses relating to income not taxable for federal income tax purposes, if
(i) the income is taxable under this chapter and (ii) the interest and expenses
were disallowed as deductions under the provisions of section 171(a)(2), 265 or
291 of the Internal Revenue Code in computing federal taxable income;
(7) (6) in the case of mines,
oil and gas wells, other natural deposits, and timber for which percentage
depletion was disallowed pursuant to subdivision 19c, clause (8), a reasonable
allowance for depletion based on actual cost.
In the case of leases the deduction must be apportioned between the
lessor and lessee in accordance with rules prescribed by the commissioner. In the case of property held in trust, the
allowable deduction must be apportioned between the income beneficiaries and
the trustee in accordance with the pertinent provisions of the trust, or if
there is no provision in the instrument, on the basis of the trust's income
allocable to each;
(8) (7) for certified
pollution control facilities placed in service in a taxable year beginning
before December 31, 1986, and for which amortization deductions were elected
under section 169 of the Internal Revenue Code of 1954, as amended through
December 31, 1985, an amount equal to the allowance for depreciation under
Minnesota Statutes 1986, section 290.09, subdivision 7;
(9) (8) amounts included in
federal taxable income that are due to refunds of income, excise, or franchise
taxes based on net income or related minimum taxes paid by the corporation to
Minnesota, another state, a political subdivision of another state, the
District of Columbia, or a foreign country or possession of the United States
to the extent that the taxes were added to federal taxable income under
subdivision 19c, clause (1), in a prior taxable year;
(10) (9) income or gains from
the business of mining as defined in section 290.05, subdivision 1, clause (a),
that are not subject to Minnesota franchise tax;
(11) (10) the amount of
disability access expenditures in the taxable year which are not allowed to be
deducted or capitalized under section 44(d)(7) of the Internal Revenue Code;
(12) (11) the amount of
qualified research expenses not allowed for federal income tax purposes under
section 280C(c) of the Internal Revenue Code, but only to the extent that the
amount exceeds the amount of the credit allowed under section 290.068;
(13) (12) the amount of salary
expenses not allowed for federal income tax purposes due to claiming the Indian
employment credit under section 45A(a) of the Internal Revenue Code;
(14) (13) any decrease in
subpart F income, as defined in section 952(a) of the Internal Revenue Code,
for the taxable year when subpart F income is calculated without regard to the
provisions of Division C, title III, section 303(b) of Public Law 110-343;
(15) (14) in each of the five
tax years immediately following the tax year in which an addition is required
under subdivision 19c, clause (12), an amount equal to one-fifth of the delayed
depreciation. For purposes of this
clause, "delayed depreciation" means the amount of the addition made
by the taxpayer under subdivision 19c, clause (12). The resulting delayed depreciation cannot be
less than zero;
(16) (15) in each of the five tax years immediately following the tax year in which an addition is required under subdivision 19c, clause (13), an amount equal to one-fifth of the amount of the addition;
(17) (16) to the extent
included in federal taxable income, discharge of indebtedness income resulting
from reacquisition of business indebtedness included in federal taxable income
under section 108(i) of the Internal Revenue Code. This subtraction applies only to the extent
that the income was included in net income in a prior year as a result of the
addition under subdivision 19c, clause (16); and
(18) (17) the amount of
expenses not allowed for federal income tax purposes due to claiming the
railroad track maintenance credit under section 45G(a) of the Internal Revenue
Code.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 62. Minnesota Statutes 2012, section 290.01, subdivision 19f, is amended to read:
Subd. 19f. Basis
modifications affecting gain or loss on disposition of property. (a) For individuals, estates, and trusts,
the basis of property is its adjusted basis for federal income tax purposes
except as set forth in paragraphs (e) and (f), (g), and (m). For corporations, the basis of property is
its adjusted basis for federal income tax purposes, without regard to the time
when the property became subject to tax under this chapter or to whether
out-of-state losses or items of tax preference with respect to the property
were not deductible under this chapter, except that the modifications to the
basis for federal income tax purposes set forth in paragraphs (b) to (j)
(i) are allowed to corporations, and the resulting modifications to
federal taxable income must be made in the year in which gain or loss on the
sale or other disposition of property is recognized.
(b) The basis of property shall not be reduced to reflect federal investment tax credit.
(c) The basis of property subject to
the accelerated cost recovery system under section 168 of the Internal Revenue
Code shall be modified to reflect the modifications in depreciation with
respect to the property provided for in subdivision 19e. For certified pollution control facilities
for which amortization deductions were elected under section 169 of the
Internal Revenue Code of 1954, the basis of the property must be increased by
the amount of the amortization deduction not previously allowed under this
chapter.
(d) For property acquired before
January 1, 1933, the basis for computing a gain is the fair market value of the
property as of that date. The basis for
determining a loss is the cost of the property to the taxpayer less any
depreciation, amortization, or depletion, actually sustained before that date. If the adjusted cost exceeds the fair market
value of the property, then the basis is the adjusted cost regardless of
whether there is a gain or loss.
(e) (d) The basis is reduced
by the allowance for amortization of bond premium if an election to amortize
was made pursuant to Minnesota Statutes 1986, section 290.09, subdivision 13,
and the allowance could have been deducted by the taxpayer under this chapter
during the period of the taxpayer's ownership of the property.
(f) (e) For assets placed in
service before January 1, 1987, corporations, partnerships, or individuals
engaged in the business of mining ores other than iron ore or taconite
concentrates subject to the occupation tax under chapter 298 must use the
occupation tax basis of property used in that business.
(g) (f) For assets placed in
service before January 1, 1990, corporations, partnerships, or individuals
engaged in the business of mining iron ore or taconite concentrates subject to
the occupation tax under chapter 298 must use the occupation tax basis of
property used in that business.
(h) (g) In applying the provisions of sections 301(c)(3)(B), 312(f) and (g), and 316(a)(1) of the Internal Revenue Code, the dates December 31, 1932, and January 1, 1933, shall be substituted for February 28, 1913, and March 1, 1913, respectively.
(i) (h) In applying the
provisions of section 362(a) and (c) of the Internal Revenue Code, the date
December 31, 1956, shall be substituted for June 22, 1954.
(j) (i) The basis of property
shall be increased by the amount of intangible drilling costs not previously
allowed due to differences between this chapter and the Internal Revenue Code.
(k) (j) The adjusted basis of
any corporate partner's interest in a partnership is the same as the adjusted
basis for federal income tax purposes modified as required to reflect the basis
modifications set forth in paragraphs (b) to (j) (i). The adjusted basis of a partnership in which
the partner is an individual, estate, or trust is the same as the adjusted
basis for federal income tax purposes modified as required to reflect the basis
modifications set forth in paragraphs (e) and (f) and (g).
(l) (k) The modifications
contained in paragraphs (b) to (j) (i) also apply to the basis of
property that is determined by reference to the basis of the same property in
the hands of a different taxpayer or by reference to the basis of different
property.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 63. Minnesota Statutes 2012, section 290.01, subdivision 29, is amended to read:
Subd. 29. Taxable income. The term "taxable income" means:
(1) for individuals, estates, and trusts, the same as taxable net income;
(2) for corporations, the taxable net income less
(i) the net operating loss deduction under section 290.095;
(ii) the dividends received deduction under
section 290.21, subdivision 4; and
(iii) the exemption for operating in a job
opportunity building zone under section 469.317; and.
(iv) the exemption for operating in a
biotechnology and health sciences industry zone under section 469.337.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 64. Minnesota Statutes 2012, section 290.015, subdivision 1, is amended to read:
Subdivision 1. General rule. (a) Except as provided in subdivision 3, a person that conducts a trade or business that has a place of business in this state, regularly has employees or independent contractors conducting business activities on its behalf in this state, or owns or leases real property that is located in this state or tangible personal property, including but not limited to mobile property, that is present in this state is subject to the taxes imposed by this chapter.
(b) Except as provided in subdivision 3, a person that conducts a trade or business not described in paragraph (a) is subject to the taxes imposed by this chapter if the trade or business obtains or regularly solicits business from within this state, without regard to physical presence in this state.
(c) For purposes of paragraph (b), business from within this state includes, but is not limited to:
(1) sales of products or services of any kind or nature to customers in this state who receive the product or service in this state;
(2) sales of services which are performed from outside this state but the services are received in this state;
(3) transactions with customers in this state that involve intangible property and result in receipts attributed to this state as provided in section 290.191, subdivision 5 or 6;
(4) leases of tangible personal property that is located in this state as defined in section 290.191, subdivision 5, paragraph (g), or 6, paragraph (e); and
(5) sales and leases of real property located in this state.
(d) For purposes of paragraph (b), solicitation includes, but is not limited to:
(1) the distribution, by mail or otherwise, without regard to the state from which such distribution originated or in which the materials were prepared, of catalogs, periodicals, advertising flyers, or other written solicitations of business to customers in this state;
(2) display of advertisements on billboards or other outdoor advertising in this state;
(3) advertisements in newspapers published in this state;
(4) advertisements in trade journals or other periodicals, the circulation of which is primarily within this state;
(5) advertisements in a Minnesota edition of a national or regional publication or a limited regional edition of which this state is included of a broader regional or national publication which are not placed in other geographically defined editions of the same issue of the same publication;
(6) advertisements in regional or national publications in an edition which is not by its contents geographically targeted to Minnesota, but which is sold over the counter in Minnesota or by subscription to Minnesota residents;
(7) advertisements broadcast on a radio or television station located in Minnesota; or
(8) any other solicitation by telegraph,
telephone, computer database, cable, optic, microwave, or other communication
system.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 65. Minnesota Statutes 2012, section 290.07, subdivision 1, is amended to read:
Subdivision 1. Annual
accounting period. Net income and
taxable net income shall be computed upon the basis of the taxpayer's annual
accounting period. If a taxpayer has no
annual accounting period, or has one other than a fiscal year, as heretofore
defined, the net income and taxable net income shall be computed on the
basis of the calendar year. Taxpayers
shall employ the same accounting period on which they report, or would be
required to report, their net income under the Internal Revenue Code. The commissioner shall provide by rule for
the determination of the accounting period for taxpayers who file a combined
report under section 290.17, subdivision 4, when members of the group use
different accounting periods for federal income tax purposes. Unless the taxpayer changes its accounting
period for federal purposes, the due date of the return is not changed.
A
taxpayer may change accounting periods only with the consent of the
commissioner. In case of any such
change, the taxpayer shall pay a tax for the period not included in either the
taxpayer's former or newly adopted taxable year, computed as provided in
section 290.32.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 66. Minnesota Statutes 2012, section 290.07, subdivision 2, is amended to read:
Subd. 2. Accounting methods. Except as specifically provided to the contrary by this chapter, net income and taxable net income shall be computed in accordance with the method of accounting regularly employed in keeping the taxpayer's books. If no such accounting system has been regularly employed, or if that employed does not clearly or fairly reflect income or the income taxable under this chapter, the computation shall be made in accordance with such method as in the opinion of the commissioner does clearly and fairly reflect income and the income taxable under this chapter.
Except as otherwise expressly provided
in this chapter, a taxpayer who changes the method of accounting for regularly
computing the taxpayer's income in keeping books shall, before computing net
income and taxable net income under the new method, secure the consent of the
commissioner.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 67. Minnesota Statutes 2013 Supplement, section 290.0921, subdivision 3, is amended to read:
Subd. 3. Alternative minimum taxable income. "Alternative minimum taxable income" is Minnesota net income as defined in section 290.01, subdivision 19, and includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e), (f), and (h) of the Internal Revenue Code. If a corporation files a separate company Minnesota tax return, the minimum tax must be computed on a separate company basis. If a corporation is part of a tax group filing a unitary return, the minimum tax must be computed on a unitary basis. The following adjustments must be made.
(1) For purposes of the depreciation
adjustments under section 56(a)(1) and 56(g)(4)(A) of the Internal Revenue
Code, the basis for depreciable property placed in service in a taxable year
beginning before January 1, 1990, is the adjusted basis for federal income tax
purposes, including any modification made in a taxable year under section
290.01, subdivision 19e, or Minnesota Statutes 1986, section 290.09,
subdivision 7, paragraph (c).
For taxable years beginning after
December 31, 2000, the amount of any remaining modification made under section
290.01, subdivision 19e, or Minnesota Statutes 1986, section 290.09,
subdivision 7, paragraph (c), not previously deducted is a depreciation
allowance in the first taxable year after December 31, 2000.
(2) (1) The portion of the
depreciation deduction allowed for federal income tax purposes under section
168(k) of the Internal Revenue Code that is required as an addition under
section 290.01, subdivision 19c, clause (12), is disallowed in determining
alternative minimum taxable income.
(3) (2) The subtraction for
depreciation allowed under section 290.01, subdivision 19d, clause (15) (14),
is allowed as a depreciation deduction in determining alternative minimum
taxable income.
(4) (3) The alternative tax
net operating loss deduction under sections 56(a)(4) and 56(d) of the Internal
Revenue Code does not apply.
(5) (4) The special rule for certain
dividends under section 56(g)(4)(C)(ii) of the Internal Revenue Code does not
apply.
(6) (5) The tax preference
for depletion under section 57(a)(1) of the Internal Revenue Code does not
apply.
(7)
The tax preference for intangible drilling costs under section 57(a)(2) of the
Internal Revenue Code must be calculated without regard to subparagraph (E) and
the subtraction under section 290.01, subdivision 19d, clause (4).
(8) (6) The tax preference for tax exempt
interest under section 57(a)(5) of the Internal Revenue Code does not apply.
(9) (7) The tax preference
for charitable contributions of appreciated property under section 57(a)(6) of
the Internal Revenue Code does not apply.
(10) For purposes of calculating the tax
preference for accelerated depreciation or amortization on certain property
placed in service before January 1, 1987, under section 57(a)(7) of the
Internal Revenue Code, the deduction allowable for the taxable year is the
deduction allowed under section 290.01, subdivision 19e.
For taxable years beginning after
December 31, 2000, the amount of any remaining modification made under section
290.01, subdivision 19e, not previously deducted is a depreciation or
amortization allowance in the first taxable year after December 31, 2004.
(11) (8) For purposes of
calculating the adjustment for adjusted current earnings in section 56(g) of
the Internal Revenue Code, the term "alternative minimum taxable
income" as it is used in section 56(g) of the Internal Revenue Code, means
alternative minimum taxable income as defined in this subdivision, determined
without regard to the adjustment for adjusted current earnings in section 56(g)
of the Internal Revenue Code.
(12) (9) For purposes of
determining the amount of adjusted current earnings under section 56(g)(3) of
the Internal Revenue Code, no adjustment shall be made under section 56(g)(4)
of the Internal Revenue Code with respect to (i) the amount of foreign dividend
gross-up subtracted as provided in section 290.01, subdivision 19d, clause (1),
or (ii) the amount of refunds of income, excise, or franchise taxes subtracted
as provided in section 290.01, subdivision 19d, clause (9).
(13) (10) Alternative minimum
taxable income excludes the income from operating in a job opportunity building
zone as provided under section 469.317.
(14) Alternative minimum taxable income
excludes the income from operating in a biotechnology and health sciences
industry zone as provided under section 469.337.
Items of tax preference must not be reduced below zero as a result of the modifications in this subdivision.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 68. Minnesota Statutes 2012, section 290.0922, subdivision 3, is amended to read:
Subd. 3. Definitions. (a) "Minnesota sales or receipts" means the total sales apportioned to Minnesota pursuant to section 290.191, subdivision 5, the total receipts attributed to Minnesota pursuant to section 290.191, subdivisions 6 to 8, and/or the total sales or receipts apportioned or attributed to Minnesota pursuant to any other apportionment formula applicable to the taxpayer.
(b) "Minnesota property" means
total Minnesota tangible property as provided in section 290.191, subdivisions
9 to 11, any other tangible property located in Minnesota, but does not include: (1) the property of a qualified business
as defined under section 469.310, subdivision 11, that is located in a job
opportunity building zone designated under section 469.314 and (2) property
of a qualified business located in a biotechnology and health sciences industry
zone designated under section 469.334.
Intangible property shall not be included in Minnesota property for
purposes of this section. Taxpayers who
do not utilize tangible property to apportion income shall nevertheless include
Minnesota property for purposes of this section. On a return for a short taxable year, the amount of Minnesota property owned, as determined
under section 290.191, shall be included in Minnesota property based on a
fraction in which the numerator is the number of days in the short taxable year
and the denominator is 365.
(c)
"Minnesota payrolls" means total Minnesota payrolls as provided in
section 290.191, subdivision 12, but does not include: (1) the job opportunity building zone
payroll under section 469.310, subdivision 8, of a qualified business as
defined under section 469.310, subdivision 11, and (2) biotechnology and
health sciences industry zone payrolls under section 469.330, subdivision 8. Taxpayers who do not utilize payrolls to
apportion income shall nevertheless include Minnesota payrolls for purposes of
this section.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 69. Minnesota Statutes 2012, section 290.095, subdivision 3, is amended to read:
Subd. 3. Carryover. (a) A net operating loss incurred in a
during the taxable year: (i)
beginning after December 31, 1986, shall be a net operating loss carryover
to each of the 15 taxable years following the taxable year of such loss;
(ii) beginning before January 1, 1987, shall be a net operating loss carryover
to each of the five taxable years following the taxable year of such loss
subject to the provisions of Minnesota Statutes 1986, section 290.095; and
(iii) beginning before January 1, 1987, shall be a net operating loss carryback
to each of the three taxable years preceding the loss year subject to the
provisions of Minnesota Statutes 1986, section 290.095.
(b) The entire amount of the net operating loss for any taxable year shall be carried to the earliest of the taxable years to which such loss may be carried. The portion of such loss which shall be carried to each of the other taxable years shall be the excess, if any, of the amount of such loss over the sum of the taxable net income, adjusted by the modifications specified in subdivision 4, for each of the taxable years to which such loss may be carried.
(c) Where a corporation apportions its income under the provisions of section 290.191, the net operating loss deduction incurred in any taxable year shall be allowed to the extent of the apportionment ratio of the loss year.
(d) The provisions of sections 381, 382, and 384 of the Internal Revenue Code apply to carryovers in certain corporate acquisitions and special limitations on net operating loss carryovers. The limitation amount determined under section 382 shall be applied to net income, before apportionment, in each post change year to which a loss is carried.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 70. Minnesota Statutes 2012, section 290.9728, subdivision 2, is amended to read:
Subd. 2. Taxable income. For purposes of this section, taxable income means the lesser of:
(1) the amount of the net capital gain of
the S corporation for the taxable year, as determined under sections 1222 and
1374 of the Internal Revenue Code, and subject to the modifications provided in
section 290.01, subdivisions 19e and subdivision 19f, in excess
of $25,000 that is allocable to this state under section 290.17, 290.191, or
290.20; or
(2) the amount of the S corporation's federal taxable income, subject to the provisions of section 290.01, subdivisions 19c to 19f, that is allocable to this state under section 290.17, 290.191, or 290.20.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2013.
Sec. 71. Minnesota Statutes 2013 Supplement, section 297A.61, subdivision 3, as amended by Laws 2014, chapter 150, article 2, section 1, is amended to read:
Subd. 3. Sale and purchase. (a) "Sale" and "purchase" include, but are not limited to, each of the transactions listed in this subdivision. In applying the provisions of this chapter, the terms "tangible personal property" and "retail sale" include the taxable services listed in paragraph (g), clause (6), items (i) to (vi) and (viii), and the provision of these taxable services, unless specifically provided otherwise. Services performed by an employee for an employer are not taxable. Services performed by a partnership or association for another partnership or association are not taxable if one of the entities owns or controls more than 80 percent of the voting power of the equity interest in the other entity. Services performed between members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence, "affiliated group of corporations" means those entities that would be classified as members of an affiliated group as defined under United States Code, title 26, section 1504, disregarding the exclusions in section 1504(b).
(b) Sale and purchase include:
(1) any transfer of title or possession, or both, of tangible personal property, whether absolutely or conditionally, for a consideration in money or by exchange or barter; and
(2) the leasing of or the granting of a license to use or consume, for a consideration in money or by exchange or barter, tangible personal property, other than a manufactured home used for residential purposes for a continuous period of 30 days or more.
(c) Sale and purchase include the production, fabrication, printing, or processing of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the production, fabrication, printing, or processing.
(d) Sale and purchase include the preparing for a consideration of food. Notwithstanding section 297A.67, subdivision 2, taxable food includes, but is not limited to, the following:
(1) prepared food sold by the retailer;
(2) soft drinks;
(3) candy;
(4) dietary supplements; and
(5) all food sold through vending machines.
(e) A sale and a purchase includes the furnishing for a consideration of electricity, gas, water, or steam for use or consumption within this state.
(f) A sale and a purchase includes the transfer for a consideration of prewritten computer software whether delivered electronically, by load and leave, or otherwise.
(g) A sale and a purchase includes the furnishing for a consideration of the following services:
(1) the privilege of admission to places of
amusement, recreational areas, or athletic events, and the making available of
amusement devices, tanning facilities, reducing salons, steam baths, Turkish
baths, health clubs, and spas or athletic facilities;
(2) lodging and related services by a hotel, rooming house, resort, campground, motel, or trailer camp, including furnishing the guest of the facility with access to telecommunication services, and the granting of any similar license to use real property in a specific facility, other than the renting or leasing of it for a continuous period of 30 days or more under an enforceable written agreement that may not be terminated without prior notice and including accommodations intermediary services provided in connection with other services provided under this clause;
(3) nonresidential parking services, whether on a contractual, hourly, or other periodic basis, except for parking at a meter;
(4) the granting of membership in a club, association, or other organization if:
(i) the club, association, or other organization makes available for the use of its members sports and athletic facilities, without regard to whether a separate charge is assessed for use of the facilities; and
(ii) use of the sports and athletic facility is not made available to the general public on the same basis as it is made available to members.
Granting of membership means both onetime initiation fees and periodic membership dues. Sports and athletic facilities include golf courses; tennis, racquetball, handball, and squash courts; basketball and volleyball facilities; running tracks; exercise equipment; swimming pools; and other similar athletic or sports facilities;
(5) delivery of aggregate materials by a third party, excluding delivery of aggregate material used in road construction; and delivery of concrete block by a third party if the delivery would be subject to the sales tax if provided by the seller of the concrete block. For purposes of this clause, "road construction" means construction of:
(i) public roads;
(ii) cartways; and
(iii) private roads in townships located outside of the seven-county metropolitan area up to the point of the emergency response location sign; and
(6) services as provided in this clause:
(i) laundry and dry cleaning services including cleaning, pressing, repairing, altering, and storing clothes, linen services and supply, cleaning and blocking hats, and carpet, drapery, upholstery, and industrial cleaning. Laundry and dry cleaning services do not include services provided by coin operated facilities operated by the customer;
(ii) motor vehicle washing, waxing, and cleaning services, including services provided by coin operated facilities operated by the customer, and rustproofing, undercoating, and towing of motor vehicles;
(iii) building and residential cleaning, maintenance, and disinfecting services and pest control and exterminating services;
(iv) detective, security, burglar, fire alarm, and armored car services; but not including services performed within the jurisdiction they serve by off-duty licensed peace officers as defined in section 626.84, subdivision 1, or services provided by a nonprofit organization or any organization at the direction of a county for monitoring and electronic surveillance of persons placed on in-home detention pursuant to court order or under the direction of the Minnesota Department of Corrections;
(v) pet grooming services;
(vi) lawn care, fertilizing, mowing, spraying and sprigging services; garden planting and maintenance; tree, bush, and shrub pruning, bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump removal, except when performed as part of a land clearing contract as defined in section 297A.68, subdivision 40; and tree trimming for public utility lines. Services performed under a construction contract for the installation of shrubbery, plants, sod, trees, bushes, and similar items are not taxable;
(vii) massages, except when provided by a licensed health care facility or professional or upon written referral from a licensed health care facility or professional for treatment of illness, injury, or disease; and
(viii) the furnishing of lodging, board, and care services for animals in kennels and other similar arrangements, but excluding veterinary and horse boarding services.
(h) A sale and a purchase includes the furnishing for a consideration of tangible personal property or taxable services by the United States or any of its agencies or instrumentalities, or the state of Minnesota, its agencies, instrumentalities, or political subdivisions.
(i) A sale and a purchase includes the furnishing for a consideration of telecommunications services, ancillary services associated with telecommunication services, and pay television services. Telecommunication services include, but are not limited to, the following services, as defined in section 297A.669: air-to-ground radiotelephone service, mobile telecommunication service, postpaid calling service, prepaid calling service, prepaid wireless calling service, and private communication services. The services in this paragraph are taxed to the extent allowed under federal law.
(j) A sale and a purchase includes the furnishing for a consideration of installation if the installation charges would be subject to the sales tax if the installation were provided by the seller of the item being installed.
(k) A sale and a purchase includes the rental of a vehicle by a motor vehicle dealer to a customer when (1) the vehicle is rented by the customer for a consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a service contract as defined in section 59B.02, subdivision 11.
(l) A sale and a purchase includes furnishing for a consideration of specified digital products or other digital products or granting the right for a consideration to use specified digital products or other digital products on a temporary or permanent basis and regardless of whether the purchaser is required to make continued payments for such right. Wherever the term "tangible personal property" is used in this chapter, other than in subdivisions 10 and 38, the provisions also apply to specified digital products, or other digital products, unless specifically provided otherwise or the context indicates otherwise.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 72. Minnesota Statutes 2012, section 297A.70, subdivision 10, is amended to read:
Subd. 10. Nonprofit tickets or admissions. (a) Tickets or admissions to an event are exempt if all the gross receipts are recorded as such, in accordance with generally accepted accounting principles, on the books of one or more organizations whose primary mission is to provide an opportunity for citizens of the state to participate in the creation, performance, or appreciation of the arts, and provided that each organization is:
(1) an organization described in section
501(c)(3) of the Internal Revenue Code in which voluntary contributions make up at least the following five
percent of the organization's annual revenue in its most recently completed
12-month fiscal year, or in the current year if the organization has not
completed a 12-month fiscal year:;
(i) for sales made after July 31, 2001,
and before July 1, 2002, for the organization's fiscal year completed in
calendar year 2000, three percent;
(ii) for sales made on or after July 1,
2002, and on or before June 30, 2003, for the organization's fiscal year
completed in calendar year 2001, three percent;
(iii)
for sales made on or after July 1, 2003, and on or before June 30, 2004, for
the organization's fiscal year completed in calendar year 2002, four percent;
and
(iv) for sales made in each 12-month
period, beginning on July 1, 2004, and each subsequent year, for the
organization's fiscal year completed in the preceding calendar year, five
percent;
(2) a municipal board that promotes cultural and arts activities; or
(3) the University of Minnesota, a state college and university, or a private nonprofit college or university provided that the event is held at a facility owned by the educational institution holding the event.
The exemption only applies if the entire proceeds, after reasonable expenses, are used solely to provide opportunities for citizens of the state to participate in the creation, performance, or appreciation of the arts.
(b) Tickets or admissions to the premises of the Minnesota Zoological Garden are exempt, provided that the exemption under this paragraph does not apply to tickets or admissions to performances or events held on the premises unless the performance or event is sponsored and conducted exclusively by the Minnesota Zoological Board or employees of the Minnesota Zoological Garden.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 73. Minnesota Statutes 2013 Supplement, section 297A.75, subdivision 1, is amended to read:
Subdivision 1. Tax collected. The tax on the gross receipts from the sale of the following exempt items must be imposed and collected as if the sale were taxable and the rate under section 297A.62, subdivision 1, applied. The exempt items include:
(1) building materials for an agricultural processing facility exempt under section 297A.71, subdivision 13;
(2) building materials for mineral production facilities exempt under section 297A.71, subdivision 14;
(3) building materials for correctional facilities under section 297A.71, subdivision 3;
(4) building materials used in a residence for disabled veterans exempt under section 297A.71, subdivision 11;
(5) elevators and building materials exempt under section 297A.71, subdivision 12;
(6) building materials for the Long Lake
Conservation Center exempt under section 297A.71, subdivision 17;
(7) (6) materials and supplies
for qualified low-income housing under section 297A.71, subdivision 23;
(8) (7) materials, supplies,
and equipment for municipal electric utility facilities under section 297A.71,
subdivision 35;
(9) (8) equipment and materials
used for the generation, transmission, and distribution of electrical energy
and an aerial camera package exempt under section 297A.68, subdivision 37;
(10) (9) commuter rail vehicle
and repair parts under section 297A.70, subdivision 3, paragraph (a), clause
(10);
(11) (10) materials, supplies,
and equipment for construction or improvement of projects and facilities under
section 297A.71, subdivision 40;
(12) materials, supplies, and equipment
for construction or improvement of a meat processing facility exempt under
section 297A.71, subdivision 41;
(13) (11) materials, supplies, and equipment for construction, improvement, or expansion of:
(i) an aerospace defense manufacturing facility exempt under section 297A.71, subdivision 42;
(ii) a biopharmaceutical manufacturing facility exempt under section 297A.71, subdivision 45;
(iii) a research and development facility exempt under section 297A.71, subdivision 46; and
(iv)
an industrial measurement manufacturing and controls facility exempt under
section 297A.71, subdivision 47;
(14) (12) enterprise
information technology equipment and computer software for use in a qualified
data center exempt under section 297A.68, subdivision 42;
(15) (13) materials, supplies, and equipment
for qualifying capital projects under section 297A.71, subdivision 44;
(16) (14) items purchased
for use in providing critical access dental services exempt under section
297A.70, subdivision 7, paragraph (c); and
(17) (15) items and services
purchased under a business subsidy agreement for use or consumption primarily
in greater Minnesota exempt under section 297A.68, subdivision 44.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 74. Minnesota Statutes 2013 Supplement, section 297A.75, subdivision 2, is amended to read:
Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must be paid to the applicant. Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1), (2), and
(16) (14), the applicant must be the purchaser;
(2) for subdivision 1, clauses clause
(3) and (6), the applicant must be the governmental subdivision;
(3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits provided in United States Code, title 38, chapter 21;
(4) for subdivision 1, clause (5), the applicant must be the owner of the homestead property;
(5) for subdivision 1, clause (7) (6),
the owner of the qualified low-income housing project;
(6) for subdivision 1, clause (8) (7),
the applicant must be a municipal electric utility or a joint venture of
municipal electric utilities;
(7) for subdivision 1, clauses (9), (12),
(13), (14) (8), (11), (12), and (17) (15), the owner
of the qualifying business; and
(8) for subdivision 1, clauses (9),
(10), (11), and (15) (13), the applicant must be the
governmental entity that owns or contracts for the project or facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 75. Minnesota Statutes 2013 Supplement, section 297A.75, subdivision 3, is amended to read:
Subd. 3.
Application. (a) The application must include
sufficient information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clauses (3) to (15) (13),
or (17) (15), the contractor, subcontractor, or builder must
furnish to the refund applicant a statement including the cost of the exempt
items and the taxes paid on the items unless otherwise specifically provided by
this subdivision. The provisions of
sections 289A.40 and 289A.50 apply to refunds under this section.
(b) An applicant may not file more than two applications per calendar year for refunds for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.
(c) Total refunds for purchases of items
in section 297A.71, subdivision 40, must not exceed $5,000,000 in fiscal years
2010 and 2011. Applications for refunds
for purchases of items in sections 297A.70, subdivision 3, paragraph (a),
clause (11), and 297A.71, subdivision 40, must not be filed until after June
30, 2009.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 76. Minnesota Statutes 2012, section 297A.94, is amended to read:
297A.94
DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of management and budget shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general fund.
(d) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent;
for fiscal years 2002 and 2003, 87 percent; and For fiscal year 2004 and
thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be
deposited by the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
(f) The revenue dedicated under paragraph (e) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (e) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (e) must be allocated for field operations.
(g) The revenues deposited under paragraphs (a) to (f) do not include the revenues, including interest and penalties, generated by the sales tax imposed under section 297A.62, subdivision 1a, which must be deposited as provided under the Minnesota Constitution, article XI, section 15.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 77. Minnesota Statutes 2012, section 297B.09, is amended to read:
297B.09
ALLOCATION OF REVENUE.
Subdivision 1. Deposit of revenues. (a) Money collected and received under this chapter must be deposited as provided in this subdivision.
(b) From July 1, 2007, through June 30,
2008, 38.25 percent of the money collected and received must be deposited in
the highway user tax distribution fund, 24 percent must be deposited in the
metropolitan area transit account under section 16A.88, and 1.5 percent must be
deposited in the greater Minnesota transit account under section 16A.88. The remaining money must be deposited in the
general fund.
(c) From July 1, 2008, through June 30,
2009, 44.25 percent of the money collected and received must be deposited in
the highway user tax distribution fund, 27.75 percent must be deposited in the
metropolitan area transit account under section 16A.88, 1.75 percent must be
deposited in the greater Minnesota transit account under section 16A.88, and
the remaining money must be deposited in the general fund.
(d) From July 1, 2009, through June 30,
2010, 47.5 percent of the money collected and received must be deposited in the
highway user tax distribution fund, 30 percent must be deposited in the
metropolitan area transit account under section 16A.88, 3.5 percent must be
deposited in the greater Minnesota transit account under section 16A.88, and
16.25 percent must be deposited in the general fund. The remaining amount must be deposited as
follows:
(1)
1.5 percent in the metropolitan area transit account, except that any amount in
excess of $6,000,000 must be deposited in the highway user tax distribution
fund; and
(2) 1.25 percent in the greater
Minnesota transit account, except that any amount in excess of $5,000,000 must
be deposited in the highway user tax distribution fund.
(e) From July 1, 2010, through June 30,
2011, 54.5 percent of the money collected and received must be deposited in the
highway user tax distribution fund, 33.75 percent must be deposited in the
metropolitan area transit account under section 16A.88, 3.75 percent must be deposited
in the greater Minnesota transit account under section 16A.88, and 6.25 percent
must be deposited in the general fund. The
remaining amount must be deposited as follows:
(1) 1.5 percent in the metropolitan area
transit account, except that any amount in excess of $6,750,000 must be
deposited in the highway user tax distribution fund; and
(2) 0.25 percent in the greater
Minnesota transit account, except that any amount in excess of $1,250,000 must
be deposited in the highway user tax distribution fund.
(f) On and after July 1, 2011, (b)
60 percent of the money collected and received must be deposited in the highway
user tax distribution fund, 36 percent must be deposited in the metropolitan
area transit account under section 16A.88, and four percent must be deposited
in the greater Minnesota transit account under section 16A.88.
(g) (c) It is the intent of
the legislature that the allocations under paragraph (f) (b) remain
unchanged for fiscal year 2012 and all subsequent fiscal years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 78. Minnesota Statutes 2012, section 297F.03, subdivision 2, is amended to read:
Subd. 2. Form
of application. Every application
for a cigarette or tobacco products license shall be made on a form prescribed
by the commissioner and shall state the name and address of the applicant;
if the applicant is a firm, partnership, or association, the name and address
of each of its members; if the applicant is a corporation, the name and address
of each of its officers; the address of its principal place of business; the
place where the business to be licensed is to be conducted; and any other
information the commissioner may require for the administration of this chapter.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 79. Minnesota Statutes 2012, section 297H.06, subdivision 2, is amended to read:
Subd. 2. Materials. The tax is not imposed upon charges to generators of mixed municipal solid waste or upon the volume of nonmixed municipal solid waste for waste management services to manage the following materials:
(1) mixed municipal solid waste and nonmixed municipal solid waste generated outside of Minnesota;
(2) recyclable materials that are separated for recycling by the generator, collected separately from other waste, and recycled, to the extent the price of the service for handling recyclable material is separately itemized;
(3) recyclable nonmixed municipal solid waste that is separated for recycling by the generator, collected separately from other waste, delivered to a waste facility for the purpose of recycling, and recycled;
(4) industrial waste, when it is transported to a facility owned and operated by the same person that generated it;
(5) mixed municipal solid waste from a recycling facility that separates or processes recyclable materials and reduces the volume of the waste by at least 85 percent, provided that the exempted waste is managed separately from other waste;
(6) recyclable materials that are separated from mixed municipal solid waste by the generator, collected and delivered to a waste facility that recycles at least 85 percent of its waste, and are collected with mixed municipal solid waste that is segregated in leakproof bags, provided that the mixed municipal solid waste does not exceed five percent of the total weight of the materials delivered to the facility and is ultimately delivered to a waste facility identified as a preferred waste management facility in county solid waste plans under section 115A.46;
(7) source-separated compostable waste, if
the waste is delivered to a facility exempted as described in this clause. To initially qualify for an exemption, a
facility must apply for an exemption in its application for a new or amended
solid waste permit to the Pollution Control Agency. The first time a facility applies to the
agency it must certify in its application that it will comply with the criteria
in items (i) to (v) and the commissioner of the agency shall so certify to the
commissioner of revenue who must grant the exemption. For each subsequent calendar year, by
October 1 of the preceding year, The facility must annually apply to
the agency for certification to renew its exemption for the following year. The application must be filed according to
the procedures of, and contain the information required by, the agency. The commissioner of revenue shall grant the
exemption if the commissioner of the Pollution Control Agency finds and
certifies to the commissioner of revenue that based on an evaluation of the
composition of incoming waste and residuals and the quality and use of the
product:
(i) generators separate materials at the source;
(ii) the separation is performed in a manner appropriate to the technology specific to the facility that:
(A) maximizes the quality of the product;
(B) minimizes the toxicity and quantity of residuals; and
(C) provides an opportunity for significant improvement in the environmental efficiency of the operation;
(iii) the operator of the facility educates generators, in coordination with each county using the facility, about separating the waste to maximize the quality of the waste stream for technology specific to the facility;
(iv) process residuals do not exceed 15 percent of the weight of the total material delivered to the facility; and
(v) the final product is accepted for use;
(8) waste and waste by-products for which the tax has been paid; and
(9) daily cover for landfills that has been approved in writing by the Minnesota Pollution Control Agency.
Sec. 80. Minnesota Statutes 2012, section 297I.05, subdivision 14, is amended to read:
Subd. 14. Life
insurance. A tax is imposed on life
insurance. The rate of tax equals a
percentage 1.5 percent of gross premiums less return premiums on all
direct business received by the insurer or agents of the insurer in Minnesota
for life insurance, in cash or otherwise, during the year. For premiums received after December 31,
2005, but before January 1, 2007, the rate of tax is 1.875 percent. For premiums received after December 31,
2006, but before January 1, 2008, the rate of tax is 1.75 percent. For premiums received after December 31,
2007, but before January 1, 2009, the rate of tax is 1.625 percent. For premiums received after December 31,
2008, the rate of tax is 1.5 percent.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 81. Minnesota Statutes 2012, section 298.75, subdivision 1, is amended to read:
Subdivision 1. Definitions. Except as may otherwise be provided, the following words, when used in this section, shall have the meanings herein ascribed to them.
(a) "Aggregate material" means:
(1) nonmetallic natural mineral aggregate including, but not limited to sand, silica sand, gravel, crushed rock, limestone, granite, and borrow, but only if the borrow is transported on a public road, street, or highway, provided that nonmetallic aggregate material does not include dimension stone and dimension granite; and
(2) taconite tailings, crushed rock, and architectural or dimension stone and dimension granite removed from a taconite mine or the site of a previously operated taconite mine.
Aggregate material must be measured or weighed after it has been extracted from the pit, quarry, or deposit.
(b)
"Person" means any individual, firm, partnership, corporation,
organization, trustee, association, or other entity.
(c) "Operator" means any person engaged in the business of removing aggregate material from the surface or subsurface of the soil, for the purpose of sale, either directly or indirectly, through the use of the aggregate material in a marketable product or service.
(d) "Extraction site" means a pit, quarry, or deposit containing aggregate material and any contiguous property to the pit, quarry, or deposit which is used by the operator for stockpiling the aggregate material.
(e) "Importer" means any person
who buys aggregate material excavated from a county not listed in paragraph
(f) or another state site on which the tax under this section is not imposed
and causes the aggregate material to be imported into a county in this state
which imposes a tax on aggregate material.
(f) "County" means the counties
of Pope, Stearns, Benton, Sherburne, Carver, Scott, Dakota, Le Sueur, Kittson,
Marshall, Pennington, Red Lake, Polk, Norman, Mahnomen, Clay, Becker, Carlton, St. Louis,
Rock, Murray, Wilkin, Big Stone, Sibley, Hennepin, Washington, Chisago, and
Ramsey. County also means a
county imposing the tax under this section on December 31, 2014, or any
other county whose board has voted after a public hearing to impose the tax
under this section and has notified the commissioner of revenue of the
imposition of the tax.
(g) "Borrow" means granular borrow, consisting of durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or stone, or any combination thereof, the ratio of the portion passing the (#200) sieve divided by the portion passing the (1 inch) sieve may not exceed 20 percent by mass.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 82. Minnesota Statutes 2012, section 412.131, is amended to read:
412.131
ASSESSOR; DUTIES, COMPENSATION.
The city assessor, if there is one, shall
assess and return as provided by law all property taxable within the city, if a
separate assessment district, and the assessor of the town within which the
city lies shall not include in the return any property taxable in the city. Any assessor may appoint a deputy assessor as
provided in section 273.06. The assessor
may be compensated on a full-time or part-time basis at the option of the
council but the compensation shall be not less than $100 in any one year, if
fixed on an annual basis, or not more than $20 per day, if fixed on a per diem
basis. If the compensation is not fixed
by the council the assessor shall be entitled to compensation at the rate
of $20 per day for each days service necessarily rendered, and mileage at the rate paid other city officers for each mile necessarily traveled in going to and returning from the county seat of the county to attend any meeting of the assessors of the county legally called by the county auditor, and also for each mile necessarily traveled in making the return of assessment to the proper county officer and in attending sectional meetings called by the county assessor, except when mileage is paid by the county. In addition to other compensation, the council may allow the assessor mileage at the same rate per mile as paid other city officers for each mile necessarily traveled in assessment work.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 83. Minnesota Statutes 2013 Supplement, section 423A.022, subdivision 3, is amended to read:
Subd. 3. Reporting;
definitions. (a) On or before
September 1, annually, the executive director of the Public Employees
Retirement Association shall report to the commissioner of revenue the following:
(1) the municipalities which employ firefighters with retirement coverage by the public employees police and fire retirement plan;
(2) the number of firefighters with
public employees police and fire retirement plan coverage employed by each
municipality;
(3) (2) the fire departments covered by the
voluntary statewide lump-sum volunteer firefighter retirement plan; and
(4) (3) any other information
requested by the commissioner to administer the police and firefighter
retirement supplemental state aid program.
(b) For this subdivision, (i) the number
of firefighters employed by a municipality who have public employees police and
fire retirement plan coverage means the number of firefighters with public
employees police and fire retirement plan coverage that were employed by the
municipality for not less than 30 hours per week for a minimum of six months
prior to December 31 preceding the date of the payment under this section and,
if the person was employed for less than the full year, prorated to the number
of full months employed; and (ii) the number of active police officers
certified for police state aid receipt under section 69.011, subdivisions 2 and
2b, means, for each municipality, the number of police officers meeting the
definition of peace officer in section 69.011, subdivision 1, counted as
provided and limited by section 69.011, subdivisions 2 and 2b.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 84. Minnesota Statutes 2013 Supplement, section 465.04, is amended to read:
465.04
ACCEPTANCE OF GIFTS.
Cities A city of the second,
third, or fourth class, having at any time an estimated market value of not
more than $41,000,000, as officially equalized by the commissioner of revenue,
either operating under a home rule charter or under the laws of
this state, in addition to all other powers possessed by them, hereby are
authorized and empowered to may receive and accept gifts and
donations for the use and benefit of such cities and the city and its
inhabitants thereof upon terms and conditions to be approved by the
governing bodies body of such cities; and such cities are
authorized to comply with and perform such the city. The terms and conditions, which
may include payment to the donor or donors of interest on the value of the gift
at not exceeding five percent per annum payable annually or semiannually,
during the remainder of the natural life or lives of such the
donor or donors.
Sec. 85. Minnesota Statutes 2012, section 469.176, subdivision 1b, is amended to read:
Subd. 1b. Duration limits; terms. (a) No tax increment shall in any event be paid to the authority:
(1) after 15 years after receipt by the authority of the first increment for a renewal and renovation district;
(2) after 20 years after receipt by the authority of the first increment for a soils condition district;
(3) after eight years after receipt by the authority of the first increment for an economic development district;
(4) for a housing district, a compact
development district, or a redevelopment district, after 25 years from the
date of receipt by the authority of the first increment.
(b) For purposes of determining a duration limit under this subdivision or subdivision 1e that is based on the receipt of an increment, any increments from taxes payable in the year in which the district terminates shall be paid to the authority. This paragraph does not affect a duration limit calculated from the date of approval of the tax increment financing plan or based on the recovery of costs or to a duration limit under subdivision 1c. This paragraph does not supersede the restrictions on payment of delinquent taxes in subdivision 1f.
(c) An action by the authority to waive or decline to accept an increment has no effect for purposes of computing a duration limit based on the receipt of increment under this subdivision or any other provision of law. The authority is deemed to have received an increment for any year in which it waived or declined to accept an increment, regardless of whether the increment was paid to the authority.
(d) Receipt by a hazardous substance subdistrict of an increment as a result of a reduction in original net tax capacity under section 469.174, subdivision 7, paragraph (b), does not constitute receipt of increment by the overlying district for the purpose of calculating the duration limit under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 86. Minnesota Statutes 2012, section 469.176, subdivision 3, is amended to read:
Subd. 3. Limitation
on administrative expenses. (a) For
districts for which certification was requested before August 1, 1979, or
after June 30, 1982 and before August 1, 2001, no tax increment shall be
used to pay any administrative expenses for a project which exceed ten percent
of the total estimated tax increment expenditures authorized by the tax increment financing plan or the total tax
increment expenditures for the project, whichever is less.
(b) For districts for which certification
was requested after July 31, 1979, and before July 1, 1982, no tax increment
shall be used to pay administrative expenses, as defined in Minnesota Statutes
1980, section 273.73, for a district which exceeds five percent of the total
tax increment expenditures authorized by the tax increment financing plan or
the total estimated tax increment expenditures for the district, whichever is
less.
(c) (b) For districts for
which certification was requested after July 31, 2001, no tax increment may be
used to pay any administrative expenses for a project which exceed ten percent
of total estimated tax increment expenditures authorized by the tax increment
financing plan or the total tax increments, as defined in section 469.174,
subdivision 25, clause (1), from the district, whichever is less.
(d) (c) Increments used to
pay the county's administrative expenses under subdivision 4h are not subject
to the percentage limits in this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 87. Minnesota Statutes 2013 Supplement, section 469.1763, subdivision 2, is amended to read:
Subd. 2. Expenditures outside district. (a) For each tax increment financing district, an amount equal to at least 75 percent of the total revenue derived from tax increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities in the district or to pay, or secure payment of, debt service on credit enhanced bonds. For districts, other than redevelopment districts for which the request for certification was made after June 30, 1995, the in-district percentage for purposes of the preceding sentence is 80 percent. Not more than 25 percent of the total revenue derived from tax increments paid by properties in the district may be expended, through a development fund or otherwise, on activities outside of the district but within the defined geographic area of the project except to pay, or secure payment of, debt service on credit enhanced bonds. For districts, other than redevelopment districts for which the request for certification was made after June 30, 1995, the pooling percentage for purposes of the preceding sentence is 20 percent. The revenue derived from tax increments for the district that are expended on costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district.
(b) In the case of a housing district, a housing project, as defined in section 469.174, subdivision 11, is an activity in the district.
(c) All administrative expenses are for activities outside of the district, except that if the only expenses for activities outside of the district under this subdivision are for the purposes described in paragraph (d), administrative expenses will be considered as expenditures for activities in the district.
(d) The authority may elect, in the tax increment financing plan for the district, to increase by up to ten percentage points the permitted amount of expenditures for activities located outside the geographic area of the district under paragraph (a). As permitted by section 469.176, subdivision 4k, the expenditures, including the permitted expenditures under paragraph (a), need not be made within the geographic area of the project. Expenditures that meet the requirements of this paragraph are legally permitted expenditures of the district, notwithstanding section 469.176, subdivisions 4b, 4c, and 4j. To qualify for the increase under this paragraph, the expenditures must:
(1) be used exclusively to assist housing that meets the requirement for a qualified low-income building, as that term is used in section 42 of the Internal Revenue Code; and
(2) not exceed the qualified basis of the housing, as defined under section 42(c) of the Internal Revenue Code, less the amount of any credit allowed under section 42 of the Internal Revenue Code; and
(3) be used to:
(i) acquire and prepare the site of the housing;
(ii) acquire, construct, or rehabilitate the housing; or
(iii) make public improvements directly related to the housing; or
(4) be used to develop housing:
(i) if the market value of the housing does not exceed the lesser of:
(A) 150 percent of the average market value of single-family homes in that municipality; or
(B) $200,000 for municipalities located in the metropolitan area, as defined in section 473.121, or $125,000 for all other municipalities; and
(ii) if the expenditures are used to pay the cost of site acquisition, relocation, demolition of existing structures, site preparation, and pollution abatement on one or more parcels, if the parcel contains a residence containing one to four family dwelling units that has been vacant for six or more months and is in foreclosure as defined in section 325N.10, subdivision 7, but without regard to whether the residence is the owner's principal residence, and only after the redemption period has expired.
(e) For a district created within a
biotechnology and health sciences industry zone as defined in section 469.330,
subdivision 6, or for an existing district located within such a zone, tax
increment derived from such a district may be expended outside of the district
but within the zone only for expenditures required for the construction of
public infrastructure necessary to support the activities of the zone, land
acquisition, and other redevelopment costs as defined in section 469.176, subdivision
4j. These expenditures are considered as
expenditures for activities within the
district. The authority provided by
this paragraph expires for expenditures made after the later of (1) December 31,
2015, or (2) the end of the five-year period beginning on the date the district
was certified, provided that date was before January 1, 2016.
(f) The authority under paragraph (d), clause (4), expires on December 31, 2016. Increments may continue to be expended under this authority after that date, if they are used to pay bonds or binding contracts that would qualify under subdivision 3, paragraph (a), if December 31, 2016, is considered to be the last date of the five-year period after certification under that provision.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to all districts,
regardless of when the request for certification was made.
Sec. 88. Minnesota Statutes 2012, section 473.665, subdivision 5, is amended to read:
Subd. 5. Tax
levy; surplus; reduction. The
corporation, upon issuing any bonds under the provisions of this section,
shall, before the issuance thereof, levy for each year, until the principal and
interest are paid in full, a direct annual tax on all the taxable property of
the cities in and for which the corporation has been created in an amount not
less than five percent in excess of the sum required to pay the principal and
interest thereof, when and as such principal and interest matures. After any of such bonds have been delivered
to purchasers, such tax shall be irrepealable until all such indebtedness is
paid, and after the issuance of such bonds no further action of the corporation
shall be necessary to authorize the extensions, assessments, and collection of
such tax. The secretary of the
corporation shall forthwith furnish a certified copy of such levy to the county
auditor or county auditors of the county or counties in which the cities in and
for which the corporation has been created are located, together with full
information regarding the bonds for which the tax is levied, and such county
auditor or such county auditors, as the case may be, shall enter the same in
the register provided for in section 475.62, or a similar register, and shall
extend and assess the tax so levied. If
both cities are located wholly within one county, the county auditor thereof
shall annually extend and assess the amount of the tax so levied. If the cities are located in different
counties, the county auditor of each such county shall annually extend and
assess such portion of the tax levied as the net tax capacity of the taxable
property, not including moneys and credits, located wholly within the
city in such county bears to the total net tax capacity of the taxable property,
not including moneys and credits, within both cities. Any surplus resulting from the excess levy
herein provided for shall be transferred to a sinking fund after the principal
and interest for which the tax was levied and collected has been paid;
provided, that the corporation may, on or before October 15 in any year, by
appropriate action, cause its secretary to certify to the county auditor, or
auditors, the amount on hand and available in its treasury from earnings, or
otherwise, including the amount in the sinking fund, which it will use to pay
principal or interest or both on each specified issue of its bonds, and the
county auditor or auditors shall reduce the levy for that year, herein provided
for by that amount. The amount of funds
so certified shall be set aside by the corporation, and be used for no other
purpose than for the payment of the principal and interest of the bonds. All taxes hereunder shall be collected and
remitted to the corporation by the county treasurer or county treasurers, in
accordance with the provisions of law governing the collection of other taxes,
and shall be used solely for the payment of the bonds where due.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 89. Minnesota Statutes 2012, section 477A.0124, subdivision 5, is amended to read:
Subd. 5. County
transition aid. (a) For 2009 and
each year thereafter, A county is eligible to receive the transition aid it
received in 2007.
(b) In 2009 only, a county with (1) a
2006 population less than 30,000, and (2) an average Part I crimes per capita
greater than 3.9 percent based on factors used in determining county program
aid payable in 2008, shall receive $100,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 90. Minnesota Statutes 2012, section 477A.014, subdivision 1, is amended to read:
Subdivision 1. Calculations and payments. (a) The commissioner of revenue shall make all necessary calculations and make payments pursuant to sections 477A.013 and 477A.03 directly to the affected taxing authorities annually. In addition, the commissioner shall notify the authorities of their aid amounts, as well as the computational factors used in making the calculations for their authority, and those statewide total figures that are pertinent, before August 1 of the year preceding the aid distribution year.
(b) For the purposes of this subdivision, aid is determined for a city or town based on its city or town status as of June 30 of the year preceding the aid distribution year. If the effective date for a municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization is on or before June 30 of the year preceding the aid distribution year, such change in boundaries or form of government shall be recognized for aid determinations for the aid distribution year. If the effective date for a municipal incorporation, consolidation, annexation, detachment, dissolution, or township organization is after June 30 of the year preceding the aid distribution year, such change in boundaries or form of government shall not be recognized for aid determinations until the following year.
(c) Changes in boundaries or form of
government will only be recognized for the purposes of this subdivision, to the
extent that: (1) changes in market
values are included in market values reported by assessors to the commissioner,
and changes in population, and household size, and the road
accidents factor are included in their respective certifications to the
commissioner as referenced in section 477A.011, or (2) an annexation
information report as provided in paragraph (d) is received by the commissioner
on or before July 15 of the aid calculation year. Revisions to estimates or data for use in
recognizing changes in boundaries or form of government are not effective for
purposes of this subdivision unless received by the commissioner on or before
July 15 of the aid calculation year. Clerical
errors in the certification or use of estimates and data established as of July
15 in the aid calculation year are subject to correction within the time
periods allowed under subdivision 3.
(d) In the case of an annexation, an
annexation information report may be completed by the annexing jurisdiction and
submitted to the commissioner for purposes of this subdivision if the net tax
capacity of annexed area for the assessment year preceding the effective date
of the annexation exceeds five percent of the city's net tax capacity for the
same year. The form and contents of the
annexation information report shall be prescribed by the commissioner. The commissioner shall change the net tax
capacity, the population, the population decline, the commercial industrial
percentage, and the transformed population for the annexing jurisdiction only
if the annexation information report provides data the commissioner determines
to be reliable for all of these factors used to compute city revenue need for
the annexing jurisdiction. The
commissioner shall adjust the pre-1940 housing percentage, the road
accidents factor, and household size only if the entire area of an existing
city or town is annexed or consolidated and only if reliable data is available
for all of these factors used to compute city revenue need for the annexing
jurisdiction.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 91. Minnesota Statutes 2012, section 611.27, subdivision 13, is amended to read:
Subd. 13. Public
defense services; correctional facility inmates. All billings for services rendered and
ordered under subdivision 7 shall require the approval of the chief district
public defender before being forwarded on a monthly basis to the state public
defender. In cases where adequate
representation cannot be provided by the district public defender and where
counsel has been appointed under a court order, the state public defender shall
forward to the commissioner of management and budget all billings for services
rendered under the court order. The
commissioner shall pay for services from county program aid retained by the
commissioner of revenue for that purpose under section 477A.0124,
subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the state Board of Public Defense. In such cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 92. Minnesota Statutes 2012, section 611.27, subdivision 15, is amended to read:
Subd. 15. Costs
of transcripts. In appeal cases and
postconviction cases where the appellate public defender's office does not have
sufficient funds to pay for transcripts and other necessary expenses because it
has spent or committed all of the transcript funds in its annual budget, the
state public defender may forward to the commissioner of management and budget
all billings for transcripts and other necessary expenses. The commissioner shall pay for these
transcripts and other necessary expenses from county program aid retained by
the commissioner of revenue for that purpose under section 477A.0124,
subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 93. REVISOR'S
INSTRUCTION.
The revisor of statutes shall make all
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules
consistent with the amendments and repealers in this article. The revisor can make changes to sentence
structure to preserve the meaning of the text.
The revisor shall make other changes in chapter titles; section,
subdivision, part, and subpart headnotes; and in other terminology necessary as
a result of the enactment of this act. The
Department of Revenue shall assist in making these corrections.
Sec. 94. REPEALER.
(a) Minnesota Statutes 2012, sections
273.1398, subdivision 4b; 290.01, subdivision 19e; 290.0674, subdivision 3;
290.191, subdivision 4; and 290.33, and Minnesota Rules, part 8007.0200, are
repealed.
(b) Minnesota Statutes 2012, sections
16D.02, subdivisions 5 and 8; 16D.11, subdivision 2; 270C.53; 270C.991,
subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, and 82;
272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3;
273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.80; 275.77; 279.32;
281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23;
287.20, subdivision 4; 287.27, subdivision 2; 290.01, subdivisions 4b and 20e;
295.52, subdivision 7; 297A.666; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18,
20, 32, and 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174,
subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.177,
subdivision 10; 477A.0124, subdivisions 1 and 6; and 505.173, Minnesota
Statutes 2013 Supplement, section 273.1103, Laws 1993, chapter 375, article 9,
section 47, and Minnesota Rules, parts 8002.0200, subpart 8; 8100.0800; and
8130.7500, subpart 7, are repealed.
(c) Minnesota Statutes 2012, section 469.1764,
is repealed.
(d)
Minnesota Statutes 2012, sections 289A.56, subdivision 7; 297A.68, subdivision
38; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337;
469.338; 469.339; 469.340, subdivisions 1, 2, 3, and 5; and 469.341, and Minnesota
Statutes 2013 Supplement, section 469.340, subdivision 4, are repealed.
(e) Minnesota Statutes 2012, section
290.06, subdivisions 30 and 31, are repealed.
EFFECTIVE
DATE. Paragraph (a) is
effective for taxable years beginning after December 31, 2013.
Paragraph (b) is effective the day
following final enactment.
Paragraph (c) is effective the day
following final enactment and any remaining unexpended tax increments from a
district subject to Minnesota Statutes, section 469.1764, must be distributed
as excess increments to the city, county, and school district under Minnesota
Statutes, section 469.176, subdivision 2, paragraph (c), clause (4), on or
before December 31, 2014.
Paragraph (d) is effective the day
following final enactment.
Paragraph (e) is effective for taxable
years beginning after December 31, 2013.
ARTICLE 10
DEPARTMENT OF REVENUE - TECHNICAL AND POLICY PROPERTY TAX PROVISIONS
Section 1. Minnesota Statutes 2012, section 270.87, is amended to read:
270.87
CERTIFICATION TO COUNTY ASSESSORS.
After making an annual determination of
the equalized fair market value of the operating property of each company in
each of the respective counties, and in the taxing districts therein, the
commissioner shall certify the equalized fair market value to the county
assessor on or before June 30. The
equalized fair market value of the operating property of the railroad company
in the county and the taxing districts therein is the value on which taxes must
be levied and collected in the same manner as on the commercial and industrial
property of such county and the taxing districts therein. If the commissioner determines that the
equalized fair market value certified on or before June 30 is in error, the
commissioner may issue a corrected certification on or before August 31. The commissioner may correct errors that
are merely clerical in nature until December 31.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 272.029, subdivision 4a, is amended to read:
Subd. 4a. Correction
of errors. If the commissioner of
revenue determines that the amount of production tax has been erroneously
calculated, the commissioner may correct the error. The commissioner must notify the owner of the
wind energy conversion system of the correction and the amount of tax due to
each county and must certify the correction to the county auditor of each
county in which the system is located on or before April 1 of the current year. The commissioner may correct errors that
are merely clerical in nature until December 31.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 273.01, is amended to read:
273.01
LISTING AND ASSESSMENT, TIME.
All real property subject to taxation shall be listed and at least one-fifth of the parcels listed shall be appraised each year with reference to their value on January 2 preceding the assessment so that each parcel shall be reappraised at maximum intervals of five years. All real property becoming taxable in any year shall be listed with reference to its value on January 2 of that year. Except as provided in this section and section 274.01, subdivision 1, all real property assessments shall be completed two weeks prior to the date scheduled for the local board of review or equalization. No changes in valuation or classification which are intended to correct errors in judgment by the county assessor may be made by the county assessor after the board of review or the county board of equalization has adjourned; however, corrections of errors for real or personal property that are merely clerical in nature or changes that extend homestead treatment to property are permitted after adjournment until the tax extension date for that assessment year. Any changes made by the assessor after adjournment must be fully documented and maintained in a file in the assessor's office and shall be available for review by any person. A copy of any changes made during this period shall be sent to the county board no later than December 31 of the assessment year. In the event a valuation and classification is not placed on any real property by the dates scheduled for the local board of review or equalization the valuation and classification determined in the preceding assessment shall be continued in effect and the provisions of section 273.13 shall, in such case, not be applicable, except with respect to real estate which has been constructed since the previous assessment. Real property containing iron ore, the fee to which is owned by the state of Minnesota, shall, if leased by the state after January 2 in any year, be subject to assessment for that year on the value of any iron ore removed under said lease prior to January 2 of the following year. Personal property subject to taxation shall be listed and assessed annually with reference to its value on January 2; and, if acquired on that day, shall be listed by or for the person acquiring it.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2013 Supplement, section 273.13, subdivision 25, is amended to read:
Subd. 25. Class 4. (a) Class 4a is residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more, excluding property qualifying for class 4d. Class 4a also includes hospitals licensed under sections 144.50 to 144.56, other than hospitals exempt under section 272.02, and contiguous property used for hospital purposes, without regard to whether the property has been platted or subdivided. The market value of class 4a property has a class rate of 1.25 percent.
(b) Class 4b includes:
(1) residential real estate containing less than four units that does not qualify as class 4bb, other than seasonal residential recreational property;
(2) manufactured homes not classified under any other provision;
(3) a dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b) containing two or three units; and
(4) unimproved property that is classified residential as determined under subdivision 33.
The market value of class 4b property has a class rate of 1.25 percent.
(c) Class 4bb includes nonhomestead residential real estate containing one unit, other than seasonal residential recreational property, and a single family dwelling, garage, and surrounding one acre of property on a nonhomestead farm classified under subdivision 23, paragraph (b).
Class 4bb property has the same class rates as class 1a property under subdivision 22.
Property that has been classified as seasonal residential recreational property at any time during which it has been owned by the current owner or spouse of the current owner does not qualify for class 4bb.
(d) Class 4c property includes:
(1) except as provided in subdivision 22, paragraph (c), real and personal property devoted to commercial temporary and seasonal residential occupancy for recreation purposes, for not more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is devoted to a commercial purpose on a specific day if any portion of the property is used for residential occupancy, and a fee is charged for residential occupancy. Class 4c property under this clause must contain three or more rental units. A "rental unit" is defined as a cabin, condominium, townhouse, sleeping room, or individual camping site equipped with water and electrical hookups for recreational vehicles. A camping pad offered for rent by a property that otherwise qualifies for class 4c under this clause is also class 4c under this clause regardless of the term of the rental agreement, as long as the use of the camping pad does not exceed 250 days. In order for a property to be classified under this clause, either (i) the business located on the property must provide recreational activities, at least 40 percent of the annual gross lodging receipts related to the property must be from business conducted during 90 consecutive days, and either (A) at least 60 percent of all paid bookings by lodging guests during the year must be for periods of at least two consecutive nights; or (B) at least 20 percent of the annual gross receipts must be from charges for providing recreational activities, or (ii) the business must contain 20 or fewer rental units, and must be located in a township or a city with a population of 2,500 or less located outside the metropolitan area, as defined under section 473.121, subdivision 2, that contains a portion of a state trail administered by the Department of Natural Resources. For purposes of item (i)(A), a paid booking of five or more nights shall be counted as two bookings. Class 4c property also includes commercial use real property used exclusively for recreational purposes in conjunction with other class 4c property classified under this clause and devoted to temporary and seasonal residential occupancy for recreational purposes, up to a total of two acres, provided the property is not devoted to commercial recreational use for more than 250 days in the year preceding the year of assessment and is located within two miles of the class 4c property with which it is used. In order for a property to qualify for classification under this clause, the owner must submit a declaration to the assessor designating the cabins or units occupied for 250 days or less in the year preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate share of the land on which they are located must be designated class 4c under this clause as otherwise provided. The remainder of the cabins or units and a proportionate share of the land on which they are located will be designated as class 3a. The owner of property desiring designation as class 4c property under this clause must provide guest registers or other records demonstrating that the units for which class 4c designation is sought were not occupied for more than 250 days in the year preceding the assessment if so requested. The portion of a property operated as a (1) restaurant, (2) bar, (3) gift shop, (4) conference center or meeting room, and (5) other nonresidential facility operated on a commercial basis not directly related to temporary and seasonal residential occupancy for recreation purposes does not qualify for class 4c. For the purposes of this paragraph, "recreational activities" means renting ice fishing houses, boats and motors, snowmobiles, downhill or cross-country ski equipment; providing marina services, launch services, or guide services; or selling bait and fishing tackle;
(2) qualified property used as a golf course if:
(i) it is open to the public on a daily fee basis. It may charge membership fees or dues, but a membership fee may not be required in order to use the property for golfing, and its green fees for golfing must be comparable to green fees typically charged by municipal courses; and
(ii) it meets the requirements of section 273.112, subdivision 3, paragraph (d).
A structure used as a clubhouse, restaurant, or place of refreshment in conjunction with the golf course is classified as class 3a property;
(3) real property up to a maximum of three acres of land owned and used by a nonprofit community service oriented organization and not used for residential purposes on either a temporary or permanent basis, provided that:
(i) the property is not used for a revenue-producing activity for more than six days in the calendar year preceding the year of assessment; or
(ii) the organization makes annual charitable contributions and donations at least equal to the property's previous year's property taxes and the property is allowed to be used for public and community meetings or events for no charge, as appropriate to the size of the facility.
For purposes of this clause:
(A) "charitable contributions and donations" has the same meaning as lawful gambling purposes under section 349.12, subdivision 25, excluding those purposes relating to the payment of taxes, assessments, fees, auditing costs, and utility payments;
(B) "property taxes" excludes the state general tax;
(C) a "nonprofit community service oriented organization" means any corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, fraternal, civic, or educational purposes, and which is exempt from federal income taxation pursuant to section 501(c)(3), (8), (10), or (19) of the Internal Revenue Code; and
(D) "revenue-producing activities" shall include but not be limited to property or that portion of the property that is used as an on-sale intoxicating liquor or 3.2 percent malt liquor establishment licensed under chapter 340A, a restaurant open to the public, bowling alley, a retail store, gambling conducted by organizations licensed under chapter 349, an insurance business, or office or other space leased or rented to a lessee who conducts a for-profit enterprise on the premises.
Any portion of the property not qualifying under either item (i) or (ii) is class 3a. The use of the property for social events open exclusively to members and their guests for periods of less than 24 hours, when an admission is not charged nor any revenues are received by the organization shall not be considered a revenue-producing activity.
The organization shall maintain records of its charitable contributions and donations and of public meetings and events held on the property and make them available upon request any time to the assessor to ensure eligibility. An organization meeting the requirement under item (ii) must file an application by May 1 with the assessor for eligibility for the current year's assessment. The commissioner shall prescribe a uniform application form and instructions;
(4) postsecondary student housing of not more than one acre of land that is owned by a nonprofit corporation organized under chapter 317A and is used exclusively by a student cooperative, sorority, or fraternity for on-campus housing or housing located within two miles of the border of a college campus;
(5)(i) manufactured home parks as defined in section 327.14, subdivision 3, excluding manufactured home parks described in section 273.124, subdivision 3a, and (ii) manufactured home parks as defined in section 327.14, subdivision 3, that are described in section 273.124, subdivision 3a;
(6) real property that is actively and exclusively devoted to indoor fitness, health, social, recreational, and related uses, is owned and operated by a not-for-profit corporation, and is located within the metropolitan area as defined in section 473.121, subdivision 2;
(7) a leased or privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:
(i) the land is on an airport owned or operated by a city, town, county, Metropolitan Airports Commission, or group thereof; and
(ii) the land lease, or any ordinance or signed agreement restricting the use of the leased premise, prohibits commercial activity performed at the hangar.
If a hangar classified under this clause is sold after June 30, 2000, a bill of sale must be filed by the new owner with the assessor of the county where the property is located within 60 days of the sale;
(8) a privately owned noncommercial aircraft storage hangar not exempt under section 272.01, subdivision 2, and the land on which it is located, provided that:
(i) the land abuts a public airport; and
(ii) the owner of the aircraft storage hangar provides the assessor with a signed agreement restricting the use of the premises, prohibiting commercial use or activity performed at the hangar; and
(9) residential real estate, a portion of which is used by the owner for homestead purposes, and that is also a place of lodging, if all of the following criteria are met:
(i) rooms are provided for rent to transient guests that generally stay for periods of 14 or fewer days;
(ii) meals are provided to persons who rent rooms, the cost of which is incorporated in the basic room rate;
(iii) meals are not provided to the general public except for special events on fewer than seven days in the calendar year preceding the year of the assessment; and
(iv) the owner is the operator of the property.
The market value subject to the 4c classification under this clause is limited to five rental units. Any rental units on the property in excess of five, must be valued and assessed as class 3a. The portion of the property used for purposes of a homestead by the owner must be classified as class 1a property under subdivision 22;
(10) real property up to a maximum of three acres and operated as a restaurant as defined under section 157.15, subdivision 12, provided it: (A) is located on a lake as defined under section 103G.005, subdivision 15, paragraph (a), clause (3); and (B) is either devoted to commercial purposes for not more than 250 consecutive days, or receives at least 60 percent of its annual gross receipts from business conducted during four consecutive months. Gross receipts from the sale of alcoholic beverages must be included in determining the property's qualification under subitem (B). The property's primary business must be as a restaurant and not as a bar. Gross receipts from gift shop sales located on the premises must be excluded. Owners of real property desiring 4c classification under this clause must submit an annual declaration to the assessor by February 1 of the current assessment year, based on the property's relevant information for the preceding assessment year;
(11) lakeshore and riparian property and adjacent land, not to exceed six acres, used as a marina, as defined in section 86A.20, subdivision 5, which is made accessible to the public and devoted to recreational use for marina services. The marina owner must annually provide evidence to the assessor that it provides services, including lake or river access to the public by means of an access ramp or other facility that is either located on the property of the marina or at a publicly owned site that abuts the property of the marina. No more than 800 feet of lakeshore may be included in this classification. Buildings used in conjunction with a marina for marina services, including but not limited to buildings used to provide food and beverage services, fuel, boat repairs, or the sale of bait or fishing tackle, are classified as class 3a property; and
(12) real and personal property devoted to noncommercial temporary and seasonal residential occupancy for recreation purposes.
Class
4c property has a class rate of 1.5 percent of market value, except that (i)
each parcel of noncommercial seasonal residential recreational property under
clause (12) has the same class rates as class 4bb property, (ii) manufactured
home parks assessed under clause (5), item (i), have the same class rate as
class 4b property, and the market value of manufactured home parks assessed
under clause (5), item (ii), has the same class rate as class 4d property
has a classification rate of 0.75 percent if more than 50 percent of the
lots in the park are occupied by shareholders in the cooperative corporation or
association and a class rate of one percent if 50 percent or less of the lots
are so occupied, (iii) commercial-use seasonal residential recreational
property and marina recreational land as described in clause (11), has a class
rate of one percent for the first $500,000 of market value, and 1.25 percent
for the remaining market value, (iv) the market value of property described in
clause (4) has a class rate of one percent, (v) the market value of property
described in clauses (2), (6), and (10) has a class rate of 1.25 percent, and
(vi) that portion of the market value of property in clause (9) qualifying for
class 4c property has a class rate of 1.25 percent.
(e) Class 4d property is qualifying low-income rental housing certified to the assessor by the Housing Finance Agency under section 273.128, subdivision 3. If only a portion of the units in the building qualify as low-income rental housing units as certified under section 273.128, subdivision 3, only the proportion of qualifying units to the total number of units in the building qualify for class 4d. The remaining portion of the building shall be classified by the assessor based upon its use. Class 4d also includes the same proportion of land as the qualifying low-income rental housing units are to the total units in the building. For all properties qualifying as class 4d, the market value determined by the assessor must be based on the normal approach to value using normal unrestricted rents.
(f) The first tier of market value of class 4d property has a class rate of 0.75 percent. The remaining value of class 4d property has a class rate of 0.25 percent. For the purposes of this paragraph, the "first tier of market value of class 4d property" means the market value of each housing unit up to the first tier limit. For the purposes of this paragraph, all class 4d property value must be assigned to individual housing units. The first tier limit is $100,000 for assessment year 2014. For subsequent years, the limit is adjusted each year by the average statewide change in estimated market value of property classified as class 4a and 4d under this section for the previous assessment year, excluding valuation change due to new construction, rounded to the nearest $1,000, provided, however, that the limit may never be less than $100,000. Beginning with assessment year 2015, the commissioner of revenue must certify the limit for each assessment year by November 1 of the previous year.
EFFECTIVE
DATE. This section is
effective beginning with assessment year 2014.
Sec. 5. Minnesota Statutes 2013 Supplement, section 273.1325, subdivision 1, is amended to read:
Subdivision 1. Computation. The Department of Revenue must annually
conduct an assessment/sales ratio study of the taxable property in each county,
city, town, and school district in accordance with the procedures in
subdivisions 2 and 3. Based upon the
results of this assessment/sales ratio study, the Department of Revenue must
determine an equalized net tax capacity for the various classes of taxable
property in each taxing district, the aggregate of which is designated as the
adjusted net tax capacity. The adjusted
net tax capacity must be reduced by the captured tax capacity of tax increment
districts under section 469.177, subdivision 2, fiscal disparities contribution
tax capacities under sections 276A.06 and 473F.08, and the tax capacity of
transmission lines required to be subtracted from the local tax base under
section 273.425; and increased by fiscal disparities distribution tax
capacities under sections 276A.06 and 473F.08.
The adjusted net tax capacities shall be determined using the net tax
capacity percentages in effect for the assessment year following the assessment
year of the study. The Department of
Revenue must make whatever estimates are necessary to account for changes in
the classification system. The
Department of Revenue may incur the expense necessary to make the
determinations. The commissioner of
revenue may reimburse any county or governmental official for requested
services performed in ascertaining the adjusted net tax capacity. On or before March 15 annually, the
Department of Revenue shall file with the chair of the Tax Committee of the
house of representatives and the chair of the Committee on Taxes and Tax laws
of the senate a report of adjusted net tax capacities for school districts. On or before June 15 30
annually, the Department of Revenue shall file its final report on the adjusted
net tax capacities for school districts established by the previous year's
assessments and the current year's net tax capacity percentages with the
commissioner of education and each county auditor for those school districts
for which the auditor has the responsibility for determination of local tax
rates. A copy of the report so filed
shall be mailed to the clerk of each school district involved and to the county
assessor or supervisor of assessments of the county or counties in which each
school district is located.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 6. Minnesota Statutes 2012, section 273.33, subdivision 2, is amended to read:
Subd. 2. Listing
and assessment by commissioner. The
personal property, consisting of the pipeline system of mains, pipes, and
equipment attached thereto, of pipeline companies and others engaged in the
operations or business of transporting natural gas, gasoline, crude oil, or
other petroleum products by pipelines, shall be listed with and assessed by the
commissioner of revenue and the values provided to the city or county assessor
by order. This subdivision shall not
apply to the assessment of the products transported through the pipelines nor
to the lines of local commercial gas companies engaged primarily in the
business of distributing gas to consumers at retail nor to pipelines used by
the owner thereof to supply natural gas or other petroleum products exclusively
for such owner's own consumption and not for resale to others. If more than 85 percent of the natural gas or
other petroleum products actually transported over the pipeline is used for the
owner's own consumption and not for resale to others, then this subdivision
shall not apply; provided, however, that in that event, the pipeline shall be
assessed in proportion to the percentage of gas actually transported over such
pipeline that is not used for the owner's own consumption. On or before August 1, the commissioner shall
certify to the auditor of each county, the amount of such personal property
assessment against each company in each district in which such property is
located. If the commissioner determines
that the amount of personal property assessment certified on or before August 1
is in error, the commissioner may issue a corrected certification on or before
October 1. The commissioner may
correct errors that are merely clerical in nature until December 31.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 273.37, subdivision 2, is amended to read:
Subd. 2. Listing
and assessment by commissioner. Transmission
lines of less than 69 kv, transmission lines of 69 kv and above located in an
unorganized township, and distribution lines, and equipment attached thereto,
having a fixed situs outside the corporate limits of cities except distribution
lines taxed as provided in sections 273.40 and 273.41, shall be listed with and
assessed by the commissioner of revenue in the county where situated and the
values provided to the city or county assessor by order. The commissioner shall assess such property
at the percentage of market value fixed by law; and, on or before August 1, shall
certify to the auditor of each county in which such property is located the
amount of the assessment made against each company and person owning such
property. If the commissioner determines
that the amount of the assessment certified on or before August 1 is in error,
the commissioner may issue a corrected certification on or before October 1. The commissioner may correct errors that
are merely clerical in nature until December 31.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 273.3711, is amended to read:
273.3711
RECOMMENDED AND ORDERED VALUES.
For purposes of sections 273.33, 273.35,
273.36, 273.37, 273.371, and 273.372, all values not required to be listed and
assessed by the commissioner of revenue are recommended values. If the commissioner provides recommended
values, the values must be certified to the auditor of each county in which the
property is located on or before August 1.
If the commissioner determines that the certified recommended value is
in error the commissioner may issue a corrected certification on or before
October 1. The commissioner may
correct errors that are merely clerical in nature until December 31.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 274.01, subdivision 1, is amended to read:
Subdivision 1. Ordinary board; meetings, deadlines, grievances. (a) The town board of a town, or the council or other governing body of a city, is the board of appeal and equalization except (1) in cities whose charters provide for a board of equalization or (2) in any city or town that has transferred its local board of review power and duties to the county board as provided in subdivision 3. The county assessor shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of the county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. Notwithstanding the provisions of any charter to the contrary, the meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting.
The board shall meet either at a central location within the county or at the office of the clerk to review the assessment and classification of property in the town or city. No changes in valuation or classification which are intended to correct errors in judgment by the county assessor may be made by the county assessor after the board has adjourned in those cities or towns that hold a local board of review; however, corrections of errors that are merely clerical in nature or changes that extend homestead treatment to property are permitted after adjournment until the tax extension date for that assessment year. The changes must be fully documented and maintained in the assessor's office and must be available for review by any person. A copy of the changes made during this period in those cities or towns that hold a local board of review must be sent to the county board no later than December 31 of the assessment year.
(b) The board shall determine whether the taxable property in the town or city has been properly placed on the list and properly valued by the assessor. If real or personal property has been omitted, the board shall place it on the list with its market value, and correct the assessment so that each tract or lot of real property, and each article, parcel, or class of personal property, is entered on the assessment list at its market value. No assessment of the property of any person may be raised unless the person has been duly notified of the intent of the board to do so. On application of any person feeling aggrieved, the board shall review the assessment or classification, or both, and correct it as appears just. The board may not make an individual market value adjustment or classification change that would benefit the property if the owner or other person having control over the property has refused the assessor access to inspect the property and the interior of any buildings or structures as provided in section 273.20. A board member shall not participate in any actions of the board which result in market value adjustments or classification changes to property owned by the board member, the spouse, parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece of a board member, or property in which a board member has a financial interest. The relationship may be by blood or marriage.
(c) A local board may reduce assessments upon petition of the taxpayer but the total reductions must not reduce the aggregate assessment made by the county assessor by more than one percent. If the total reductions would lower the aggregate assessments made by the county assessor by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation.
(d) A local board does not have authority to grant an exemption or to order property removed from the tax rolls.
(e) A majority of the members may act at the meeting, and adjourn from day to day until they finish hearing the cases presented. The assessor shall attend, with the assessment books and papers, and take part in the proceedings, but must not vote. The county assessor, or an assistant delegated by the county assessor shall attend the meetings. The board shall list separately, on a form appended to the assessment book, all omitted property added to the list by the board and all items of property increased or decreased, with the market value of each item of property, added or changed by the board, placed opposite the item. The county assessor shall enter all changes made by the board in the assessment book.
(f) Except as provided in subdivision 3, if a person fails to appear in person, by counsel, or by written communication before the board after being duly notified of the board's intent to raise the assessment of the property, or if a person feeling aggrieved by an assessment or classification fails to apply for a review of the assessment or classification, the person may not appear before the county board of appeal and equalization for a review of the assessment or classification. This paragraph does not apply if an assessment was made after the local board meeting, as provided in section 273.01, or if the person can establish not having received notice of market value at least five days before the local board meeting.
(g) The local board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, unless a longer period is approved by the commissioner of revenue. No action taken after that date is valid. All complaints about an assessment or classification made after the meeting of the board must be heard and determined by the county board of equalization. A nonresident may, at any time, before the meeting of the board file written objections to an assessment or classification with the county assessor. The objections must be presented to the board at its meeting by the county assessor for its consideration.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2012, section 274.014, subdivision 3, is amended to read:
Subd. 3.
Proof of compliance; transfer of
duties. (a) Any city or town that
conducts local boards of appeal and equalization meetings must provide proof to
the county assessor by December 1, 2006, and each year thereafter, February
1 that it is in compliance with the requirements of subdivision 2. Beginning in 2006, This notice must
also verify that there was a quorum of voting members at each meeting of the
board of appeal and equalization in the current previous year. A city or town that does not comply with
these requirements is deemed to have transferred its board of appeal and
equalization powers to the county beginning with the following current
year's assessment and continuing unless the powers are reinstated under
paragraph (c).
(b) The county shall notify the taxpayers when the board of appeal and equalization for a city or town has been transferred to the county under this subdivision and, prior to the meeting time of the county board of equalization, the county shall make available to those taxpayers a procedure for a review of the assessments, including, but not limited to, open book meetings. This alternate review process shall take place in April and May.
(c) A local board whose powers are
transferred to the county under this subdivision may be reinstated by
resolution of the governing body of the city or town and upon proof of
compliance with the requirements of subdivision 2. The resolution and proofs must be provided to
the county assessor by December 1 February 1 in order to be
effective for the following year's assessment.
(d) A local board whose powers are transferred to the county under this subdivision may continue to employ a local assessor and is not deemed to have transferred its powers to make assessments.
EFFECTIVE
DATE. This section is
effective beginning with local boards of appeal and equalization meetings held
after February 1, 2016.
Sec. 11. Minnesota Statutes 2013 Supplement, section 423A.02, subdivision 3, is amended to read:
Subd. 3. Reallocation of amortization state aid. (a) Seventy percent of the difference between $5,720,000 and the current year amortization aid distributed under subdivision 1 that is not distributed for any reason to a municipality must be distributed by the commissioner of revenue according to this paragraph. The commissioner shall distribute 50 percent of the amounts derived under this paragraph to the Teachers Retirement Association, ten percent to the Duluth Teachers Retirement Fund Association, and 40 percent to the St. Paul Teachers Retirement Fund Association to fund the unfunded actuarial accrued liabilities of the respective funds. These payments must be made on July 15 each fiscal year. If the St. Paul Teachers Retirement Fund Association or the Duluth Teachers Retirement Fund Association becomes fully funded, the association's eligibility for its portion of this aid ceases. Amounts remaining in the undistributed balance account at the end of the biennium if aid eligibility ceases cancel to the general fund.
(b) In order to receive amortization aid under paragraph (a), before June 30 annually Independent School District No. 625, St. Paul, must make an additional contribution of $800,000 each year to the St. Paul Teachers Retirement Fund Association.
(c) Thirty percent of the difference between
$5,720,000 and the current year amortization aid under subdivision 1a 1
that is not distributed for any reason to a municipality must be distributed
under section 69.021, subdivision 7, paragraph (d), as additional funding to
support a minimum fire state aid amount for volunteer firefighter relief
associations.
EFFECTIVE
DATE. This section is
effective retroactively from June 1, 2013.
Sec. 12. REVISOR'S
INSTRUCTION.
The revisor of statutes shall change
the terms "class rate" or "class rates" to
"classification rate" or "classification rates" or similar
terms wherever they appear in Minnesota Statutes when the terms are being used
to refer to the calculation of net tax capacity in the property tax system. The revisor can make changes to sentence
structure to preserve the meaning of the text.
The revisor shall make other changes in section and subdivision
headnotes and in other terminology as necessary as a result of the enactment of
this section. The Department of Revenue
shall assist in making these corrections.
ARTICLE 11
DEPARTMENT OF REVENUE - TECHNICAL AND POLICY INCOME AND FRANCHISE,
SALES AND USE, AND MISCELLANEOUS TAX PROVISIONS
Section 1. Minnesota Statutes 2012, section 270C.34, subdivision 2, is amended to read:
Subd. 2. Procedure. (a) A request for abatement of penalty under subdivision 1 or section 289A.60, subdivision 4, or a request for abatement of interest or additional tax charge, must be filed with the commissioner within 60 days of the date the notice was mailed to the taxpayer's last known address, stating that a penalty has been imposed.
(b) If the commissioner issues an order denying a request for abatement of penalty, interest, or additional tax charge, the taxpayer may file an administrative appeal as provided in section 270C.35 or appeal to Tax Court as provided in section 271.06.
(c) If the commissioner does not issue an order on the abatement request within 60 days from the date the request is received, the taxpayer may appeal to Tax Court as provided in section 271.06.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 270C.56, subdivision 3, is amended to read:
Subd. 3. Procedure
for assessment; claims for refunds. (a)
The commissioner may assess liability for the taxes described in subdivision 1
against a person liable under this section.
The assessment may be based upon information available to the
commissioner. It must be made within the
prescribed period of limitations for assessing the underlying tax, or
within one year after the date of an order assessing underlying tax, or
within one year after the date of a final administrative or judicial
determination, whichever period expires later. An order assessing personal liability under
this section is reviewable under section 270C.35 and is appealable to Tax
Court.
(b) If the time for appealing the order has expired and a payment is made by or collected from the person assessed on the order in excess of the amount lawfully due from that person of any portion of the liability shown on the order, a claim for refund may be made by that person within 120 days after any payment of the liability if the payment is within 3-1/2 years after the date the order was issued. Claims for refund under this paragraph are limited to the amount paid during the 120-day period. Any amounts collected under paragraph (c) after a claim for refund is filed in order to satisfy the unpaid balance of the assessment that is the subject of the claim shall be returned if the claim is allowed. There is no claim for refund available under this paragraph if the assessment has previously been the subject of an administrative or Tax Court appeal, or a denied claim for refund. The taxpayer may contest denial of the refund as provided in the procedures governing claims for refunds under section 289A.50, subdivision 7.
(c) If a person has been assessed under this section for an amount for a given period and the time for appeal has expired, regardless of whether an action contesting denial of a claim for refund has been filed under paragraph (b), or there has been a final determination that the person is liable, collection action is not stayed pursuant to section 270C.33, subdivision 5, for that assessment or for subsequent assessments of additional amounts for the same person for the same period and tax type.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 289A.18, subdivision 2, is amended to read:
Subd. 2. Withholding
returns, entertainer withholding returns, returns for withholding from payments
to out-of-state contractors, and withholding returns from partnerships and S
corporations. (a) Withholding
returns for the first, second, and third quarters are due on or
before the last day of the month following the close of the quarterly period. However, if the return shows timely deposits
in full payment of the taxes due for that period, the returns for the first,
second, and third quarters may be filed on or before the tenth day of the
second calendar month following the period.
The return for the fourth quarter must be filed on or before the 28th
day of the second calendar month following the period. An employer, in preparing a quarterly return,
may take credit for deposits previously made for that quarter. Entertainer withholding tax returns are due
within 30 days after each performance. Returns
for withholding from payments to out-of-state contractors are due within 30
days after the payment to the contractor.
Returns for withholding by partnerships are due on or before the due
date specified for filing partnership returns.
Returns for withholding by S corporations are due on or before the due
date specified for filing corporate franchise tax returns.
(b) A seasonal employer who provides
notice in the form and manner prescribed by the commissioner before the end of
the calendar quarter is not required to file a withholding tax return for
periods of anticipated inactivity unless the employer pays wages during the
period from which tax is withheld. For
purposes of this paragraph, a seasonal employer is an employer that regularly,
in the same one or more quarterly periods of each calendar year, pays no wages
to employees.
EFFECTIVE
DATE. (a) The amendments in
paragraph (a) are effective for returns due after January 1, 2016.
(b) The amendment adding paragraph (b) is
effective for wages paid after December 31, 2015.
Sec. 4. Minnesota Statutes 2013 Supplement, section 290.191, subdivision 5, is amended to read:
Subd. 5. Determination of sales factor. For purposes of this section, the following rules apply in determining the sales factor.
(a) The sales factor includes all sales, gross earnings, or receipts received in the ordinary course of the business, except that the following types of income are not included in the sales factor:
(1) interest;
(2) dividends;
(3) sales of capital assets as defined in section 1221 of the Internal Revenue Code;
(4) sales of property used in the trade or business, except sales of leased property of a type which is regularly sold as well as leased; and
(5) sales of debt instruments as defined in section 1275(a)(1) of the Internal Revenue Code or sales of stock.
(b) Sales of tangible personal property are
made within this state if the property is received by a purchaser at a point
within this state, and the taxpayer is taxable in this state, regardless
of the f.o.b. point, other conditions of the sale, or the ultimate destination
of the property.
(c) Tangible personal property delivered to a common or contract carrier or foreign vessel for delivery to a purchaser in another state or nation is a sale in that state or nation, regardless of f.o.b. point or other conditions of the sale.
(d) Notwithstanding paragraphs (b) and (c), when intoxicating liquor, wine, fermented malt beverages, cigarettes, or tobacco products are sold to a purchaser who is licensed by a state or political subdivision to resell this property only within the state of ultimate destination, the sale is made in that state.
(e) Sales made by or through a corporation that is qualified as a domestic international sales corporation under section 992 of the Internal Revenue Code are not considered to have been made within this state.
(f) Sales, rents, royalties, and other income in connection with real property is attributed to the state in which the property is located.
(g) Receipts from the lease or rental of tangible personal property, including finance leases and true leases, must be attributed to this state if the property is located in this state and to other states if the property is not located in this state. Receipts from the lease or rental of moving property including, but not limited to, motor vehicles, rolling stock, aircraft, vessels, or mobile equipment are included in the numerator of the receipts factor to the extent that the property is used in this state. The extent of the use of moving property is determined as follows:
(1) A motor vehicle is used wholly in the state in which it is registered.
(2) The extent that rolling stock is used in this state is determined by multiplying the receipts from the lease or rental of the rolling stock by a fraction, the numerator of which is the miles traveled within this state by the leased or rented rolling stock and the denominator of which is the total miles traveled by the leased or rented rolling stock.
(3) The extent that an aircraft is used in this state is determined by multiplying the receipts from the lease or rental of the aircraft by a fraction, the numerator of which is the number of landings of the aircraft in this state and the denominator of which is the total number of landings of the aircraft.
(4) The extent that a vessel, mobile equipment, or other mobile property is used in the state is determined by multiplying the receipts from the lease or rental of the property by a fraction, the numerator of which is the number of days during the taxable year the property was in this state and the denominator of which is the total days in the taxable year.
(h) Royalties and other income received for the use of or for the privilege of using intangible property, including patents, know-how, formulas, designs, processes, patterns, copyrights, trade names, service names, franchises, licenses, contracts, customer lists, or similar items, must be attributed to the state in which the property is used by the purchaser. If the property is used in more than one state, the royalties or other income must be apportioned to this state pro rata according to the portion of use in this state. If the portion of use in this state cannot be determined, the royalties or other income must be excluded from both the numerator and the denominator. Intangible property is used in this state if the purchaser uses the intangible property or the rights therein in the regular course of its business operations in this state, regardless of the location of the purchaser's customers.
(i) Sales of intangible property are made within the state in which the property is used by the purchaser. If the property is used in more than one state, the sales must be apportioned to this state pro rata according to the portion of use in this state. If the portion of use in this state cannot be determined, the sale must be excluded from both the numerator and the denominator of the sales factor. Intangible property is used in this state if the purchaser used the intangible property in the regular course of its business operations in this state.
(j) Receipts from the performance of services must be attributed to the state where the services are received. For the purposes of this section, receipts from the performance of services provided to a corporation, partnership, or trust may only be attributed to a state where it has a fixed place of doing business. If the state where the services are received is not readily determinable or is a state where the corporation, partnership, or trust receiving the service does not have a fixed place of doing business, the services shall be deemed to be received at the location of the office of the customer from which the services were ordered in the regular course of the customer's trade or business. If the ordering office cannot be determined, the services shall be deemed to be received at the office of the customer to which the services are billed.
(k) For the purposes of this subdivision and subdivision 6, paragraph (l), receipts from management, distribution, or administrative services performed by a corporation or trust for a fund of a corporation or trust regulated under United States Code, title 15, sections 80a-1 through 80a-64, must be attributed to the state where the shareholder of the fund resides. Under this paragraph, receipts for services attributed to shareholders are determined on the basis of the ratio of: (1) the average of the outstanding shares in the fund owned by shareholders residing within Minnesota at the beginning and end of each year; and (2) the average of the total number of outstanding shares in the fund at the beginning and end of each year. Residence of the shareholder, in the case of an individual, is determined by the mailing address furnished by the shareholder to the fund. Residence of the shareholder, when the shares are held by an insurance company as a depositor for the insurance company policyholders, is the mailing address of the policyholders. In the case of an insurance company holding the shares as a depositor for the insurance company policyholders, if the mailing address of the policyholders cannot be determined by the taxpayer, the receipts must be excluded from both the numerator and denominator. Residence of other shareholders is the mailing address of the shareholder.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2012, section 296A.01, subdivision 16, is amended to read:
Subd. 16. Dyed
fuel. "Dyed fuel" means diesel
motor fuel to which indelible dye has been added, either before or upon
withdrawal at a terminal or refinery rack, and which may be sold for exempt
purposes. The dye may be either dye
required to be added per the EPA or dye that meets other specifications
required by the Internal Revenue Service or the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2013 Supplement, section 403.162, subdivision 5, is amended to read:
Subd. 5. Fees deposited. (a) The commissioner of revenue shall, based on the relative proportion of the prepaid wireless E911 fee and the prepaid wireless telecommunications access Minnesota fee imposed per retail transaction, divide the fees collected in corresponding proportions. Within 30 days of receipt of the collected fees, the commissioner shall:
(1) deposit the proportion of the collected fees attributable to the prepaid wireless E911 fee in the 911 emergency telecommunications service account in the special revenue fund; and
(2) deposit the proportion of collected fees attributable to the prepaid wireless telecommunications access Minnesota fee in the telecommunications access fund established in section 237.52, subdivision 1.
(b)
The department commissioner of revenue may deduct and retain
deposit in a special revenue account an amount, not to exceed two
percent of collected fees,. Money
in the account is annually appropriated to the commissioner of revenue to
reimburse its direct costs of administering the collection and remittance of
prepaid wireless E911 fees and prepaid wireless telecommunications access
Minnesota fees.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2014.
Sec. 7. Laws 2013, chapter 143, article 8, section 3, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective for sales and purchases made after June 30, 2013, except for paragraph (p), which is effective the day following final enactment.
EFFECTIVE
DATE. This section is
effective retroactively from the day following final enactment of Laws 2013,
chapter 143, article 8, section 3.
Sec. 8. REPEALER.
Minnesota Rules, parts 8130.8900,
subpart 3; and 8130.9500, subparts 1, 1a, 2, 3, 4, and 5, are repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to financing and operation of state and local government; making changes to individual income, property, sales and use, excise, estate, mineral, tobacco, alcohol, special, local, and other taxes and tax-related provisions; providing for and increasing credits and refunds; modifying local government aids; modifying property tax exclusions, exemptions, and levy deadlines; imposing a tax on solar energy production; modifying installment payments; modifying special service districts; modifying sales, use, and excise tax incentives and exemptions; changing certain sales, use, and excise tax remittances; modifying and allowing certain local sales and use taxes; providing for voluntary compliance; modifying income tax credits and subtractions; clarifying estate tax provisions; modifying minerals tax provisions; reallocating certain bond payments; providing for certain local development projects; modifying tax increment finance rules; authorizing debt service aid and local bonding authority; designating the "Old Cedar Avenue Bridge"; changing license revocation procedures; modifying certain county levy authority; removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; making various policy and technical changes; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2; 84A.31, subdivision 2; 115B.49, subdivision 4; 116J.8737, subdivision 5, as amended, by adding a subdivision; 161.14, by adding a subdivision; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270.87; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.34, subdivision 2; 270C.52, subdivision 2; 270C.56, subdivision 3; 270C.72, subdivisions 1, 3; 272.01, subdivisions 1, 3; 272.02, subdivisions 10, 24, 93; 272.0211, subdivisions 1, 2, 4; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivisions 4a, 6; 272.03, subdivision 1; 273.01; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.13, subdivision 34; 273.1384, subdivision 2; 273.18; 273.33, subdivision 2; 273.37, subdivision 2; 273.3711; 274.01, subdivisions 1, 2; 274.014, subdivision 3; 275.065, subdivision 1; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 276A.06, subdivisions 3, as amended, 5, as amended; 279.03, subdivisions 1, 1a, 2; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.02, subdivision 7, as amended; 289A.18, subdivision 2; 289A.25, subdivision 1; 289A.60, subdivision 15; 290.01, subdivisions 5, 19a, as amended, 19f, 29; 290.015, subdivision 1; 290.07, subdivisions 1, 2; 290.081; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 291.016, subdivision 1, as added; 291.031, as added; 296A.01, subdivision 16; 297A.67, subdivision 13a, by adding a subdivision; 297A.68, by adding a subdivision; 297A.70, subdivision 10,
by adding a subdivision; 297A.94; 297B.09; 297F.03, subdivision 2; 297F.09, subdivision 10; 297G.03, by adding a subdivision; 297G.09, subdivision 9; 297H.06, subdivision 2; 297I.05, subdivision 14; 298.28, subdivisions 5, as amended, 7a, as added; 298.75, subdivisions 1, 2; 383D.41, by adding a subdivision; 383E.21, subdivisions 1, 2; 412.131; 469.176, subdivisions 1b, 3; 469.1763, subdivision 3; 469.177, subdivision 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 116J.8737, subdivision 2, as amended; 116J.8738, subdivisions 2, 3, 4; 116V.03; 136A.129, subdivisions 1, 3, 5; 144F.01, subdivision 4; 270B.01, subdivision 8; 270B.03, subdivision 1; 273.13, subdivision 25; 273.1325, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 289A.20, subdivision 4; 290.01, subdivisions 19, as amended, 19b, as amended, 19d, 31, as amended; 290.091, subdivision 2, as amended; 290.0921, subdivision 3; 290.191, subdivision 5; 290A.03, subdivision 15, as amended; 291.005, subdivision 1, as amended; 297A.61, subdivision 3, as amended; 297A.68, subdivisions 42, 44; 297A.70, subdivisions 2, 13, 14; 297A.75, subdivisions 1, 2, 3; 297F.05, subdivision 1; 298.018, subdivision 1; 298.28, subdivision 10, as amended; 360.531, subdivision 2; 403.162, subdivision 5; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 465.04; 469.1763, subdivision 2; 477A.013, subdivision 8; 477A.03, subdivision 2a; 477A.12, subdivisions 1, 2; 477A.14, subdivision 1; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 1999, chapter 243, article 14, section 5, subdivision 1; Laws 2005, First Special Session chapter 3, article 5, sections 38, subdivision 4; 44, subdivisions 3, 5; Laws 2006, chapter 259, article 3, sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5; Laws 2008, chapter 366, article 10, section 15; Laws 2013, chapter 143, article 8, sections 3; 22; 23; 27; 37; article 9, section 23; article 11, section 10; Laws 2014, chapter 150, article 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 69; 272; 297G; 383A; 469; 477A; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.1398, subdivision 4b; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.191, subdivision 4; 290.33; 295.52, subdivision 7; 297A.666; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18, 20, 32, 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, sections 273.1103; 469.340, subdivision 4; Laws 1993, chapter 375, article 9, section 47; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5."
We request the adoption of this report and repassage of the bill.
House Conferees: Ann Lenczewski, Jim Davnie, Greg Davids, Paul Torkelson and Linda Slocum.
Senate Conferees: Rod Skoe, Ann H. Rest, Kari Dziedzic, Lyle Koenen and Paul E. Gazelka.
Lenczewski moved that the report of the
Conference Committee on H. F. No. 3167 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3167, A bill for an act relating to financing of state and local government; making changes to individual income, property, sales and use, excise, estate, mineral, tobacco, alcohol, special, local, and other taxes and tax-related provisions; providing for and increasing credits; modifying local government aids; modifying exclusions, exemptions, and levy deadlines; imposing a tax on solar energy production; modifying sales, use, and excise tax exemptions; changing sales, use, and excise tax remittances; modifying certain local sales and use taxes; allowing for temporary sales and use tax amnesty; modifying income tax credits and subtractions; clarifying estate tax provisions; providing for certain local development projects; changing license revocation procedures; modifying
installment payments; modifying certain county levy authority; allocating additional tax reductions for border cities; removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; making various policy and technical changes; requiring a report; appropriating money; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2; 84A.31, subdivision 2; 115B.49, subdivision 4; 116J.8737, by adding a subdivision; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270.87; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.34, subdivision 2; 270C.52, subdivision 2; 270C.56, subdivision 3; 270C.72, subdivisions 1, 3; 272.01, subdivisions 1, 3; 272.02, subdivisions 10, 24; 272.0211, subdivisions 1, 2; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivisions 4a, 6; 272.03, subdivision 1; 273.01; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.13, subdivision 34; 273.1384, subdivision 2; 273.18; 273.33, subdivision 2; 273.37, subdivision 2; 273.3711; 274.01, subdivisions 1, 2; 274.014, subdivision 3; 275.025, subdivision 2; 275.065, subdivision 1; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 279.03; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.02, subdivision 7, as amended; 289A.18, subdivision 2; 289A.25, subdivision 1; 289A.60, subdivision 15; 290.01, subdivisions 5, 19f, 29; 290.015, subdivision 1; 290.068, subdivision 1; 290.07, subdivisions 1, 2; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 296A.01, subdivision 16; 297A.67, subdivision 13a, by adding a subdivision; 297A.68, by adding a subdivision; 297A.70, subdivision 10; 297A.71, by adding a subdivision; 297A.94; 297B.03; 297B.09; 297F.03, subdivision 2; 297F.09, subdivision 10; 297G.03, by adding a subdivision; 297G.09, subdivision 9; 297I.05, subdivision 14; 298.75, subdivisions 1, 2; 383D.41, by adding a subdivision; 383E.21, subdivisions 1, 2; 412.131; 469.171, subdivision 6; 469.176, subdivisions 1b, 3; 469.1763, subdivision 3; 469.177, subdivision 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 477A.03, by adding a subdivision; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 116J.8737, subdivision 2, as amended; 116J.8738, subdivisions 2, 3, 4; 270B.01, subdivision 8; 270B.03, subdivision 1; 273.032; 273.1325, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 289A.20, subdivision 4; 290.01, subdivisions 19, as amended, 19b, as amended, 19d, 31, as amended; 290.068, subdivisions 3, 6a; 290.091, subdivision 2, as amended; 290.0921, subdivision 3; 290.191, subdivision 5; 290A.03, subdivision 15, as amended; 290C.03; 291.005, subdivision 1, as amended; 297A.61, subdivision 3, as amended; 297A.68, subdivisions 42, 44; 297A.70, subdivisions 2, 13, 14; 297A.75, subdivisions 1, 2, 3; 297B.01, subdivision 16; 360.531, subdivision 2; 403.162, subdivision 5; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 465.04; 469.169, by adding a subdivision; 469.1763, subdivision 2; 477A.013, subdivision 8; 477A.03, subdivision 2a; 477A.12, subdivision 1; 477A.14, subdivision 1; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4; Laws 2006, chapter 259, article 3, sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5; Laws 2008, chapter 366, article 10, section 15; Laws 2013, chapter 143, article 8, sections 3; 37; article 9, section 23; article 11, section 10; Laws 2014, chapter 150, article 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 69; 116J; 168A; 272; 290; 383A; 477A; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.131; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.1398, subdivision 4b; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.191, subdivision 4; 290.33; 290C.02, subdivisions 5, 9; 290C.06; 295.52, subdivision 7; 297A.666; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18, 20, 32, 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, sections 273.1103; 469.340, subdivision 4; 477A.085; Laws 1993, chapter 375, article 9, section 47; Laws 2014, chapter 150, article 1, section 17; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative
were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The bill was repassed, as amended by
Conference, and its title agreed to.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Zerwas was excused between the hours of
3:55 p.m. and 6:25 p.m.
Holberg was excused for the remainder of
today's session.
Abeler was excused for the remainder of
today's session.
Franson was excused for the remainder of
today's session.
There being no objection, the order of
business reverted to Introduction and First Reading of House Bills.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Abeler and Newton introduced:
H. F. No. 3392, A bill for an act relating to human services; providing a supplementary service rate for a group residential housing provider in Stearns County; amending Minnesota Statutes 2012, section 256I.05, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Loeffler introduced:
H. F. No. 3393, A bill for an act relating to insurance; requiring that motorcycle owners obtain medical payments insurance coverage for insured owners or riders; proposing coding for new law in Minnesota Statutes, chapter 65B.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Metsa, Sundin and Murphy, M., introduced:
H. F. No. 3394, A bill for an act relating to transportation; railroads; modifying penalties for blocking public roads or streets; amending Minnesota Statutes 2012, sections 218.071, subdivisions 2, 3, 4; 219.383, subdivision 3.
The bill was read for the first time and referred to the Committee on Transportation Policy.
Atkins introduced:
H. F. No. 3395, A bill for an act relating to insurance; regulating sales of insurance coverage to governmental entities; amending Minnesota Statutes 2012, section 60K.46, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Atkins introduced:
H. F. No. 3396, A bill for an act relating to insurance; regulating sales of insurance coverage to school districts; amending Minnesota Statutes 2012, section 60K.46, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
MESSAGES
FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2531, A bill for an act relating to campaign finance; making various technical changes; authorizing the board to request reconciliation information; authorizing certain fees; modifying certain definitions and fee amounts; imposing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 5, 26; 10A.02, subdivision 11a; 10A.025, by adding a subdivision; 10A.09, subdivisions 1, 5, by adding a subdivision; 10A.12, subdivision 5; 10A.255, subdivision 3; 10A.28, subdivision 4; 211A.02, subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02, subdivision 11; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5; repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 3073, A bill for an act relating to insurance; modifying certain regulations to reduce the incidence of insurance fraud; regulating no-fault auto benefits; regulating certain property and casualty coverages; limiting reimbursement for certain prescription drugs; regulating batch billing; modifying certain economic benefits under chapter 65B; establishing a task force on motor vehicle insurance coverage verification; amending Minnesota Statutes 2012, sections 13.7191, subdivision 16; 60A.952, subdivision 3; 65B.44, subdivisions 2, 3, 4, 6, by adding a subdivision; 65B.525, by adding a subdivision; 65B.54, subdivision 2; 72A.502, subdivision 2; 604.18, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 60A; 65B; repealing Minnesota Statutes 2012, section 72A.327.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 3167, A bill for an act relating to financing of state and local government; making changes to individual income, property, sales and use, excise, estate, mineral, tobacco, alcohol, special, local, and other taxes and tax-related provisions; providing for and increasing credits; modifying local government aids; modifying exclusions, exemptions, and levy deadlines; imposing a tax on solar energy production; modifying sales, use, and excise tax exemptions; changing sales, use, and excise tax remittances; modifying certain local sales and use taxes; allowing for temporary sales and use tax amnesty; modifying income tax credits and subtractions; clarifying estate tax provisions; providing for certain local development projects; changing license revocation procedures; modifying installment payments; modifying certain county levy authority; allocating additional tax reductions for border cities;
removing obsolete, redundant, and unnecessary laws and administrative rules administered by the Department of Revenue; making various policy and technical changes; requiring a report; appropriating money; amending Minnesota Statutes 2012, sections 16D.02, subdivisions 3, 6; 16D.04, subdivisions 3, 4; 16D.07; 16D.11, subdivisions 1, 3, 7; 84A.20, subdivision 2; 84A.31, subdivision 2; 115B.49, subdivision 4; 116J.8737, by adding a subdivision; 163.06, subdivision 1; 270.11, subdivision 1; 270.12, subdivisions 2, 4; 270.87; 270A.03, subdivision 2; 270B.14, subdivision 3; 270C.085; 270C.34, subdivision 2; 270C.52, subdivision 2; 270C.56, subdivision 3; 270C.72, subdivisions 1, 3; 272.01, subdivisions 1, 3; 272.02, subdivisions 10, 24; 272.0211, subdivisions 1, 2; 272.025, subdivision 1; 272.027, subdivision 1; 272.029, subdivisions 4a, 6; 272.03, subdivision 1; 273.01; 273.061, subdivision 6; 273.10; 273.11, subdivision 13; 273.112, subdivision 6a; 273.13, subdivision 34; 273.1384, subdivision 2; 273.18; 273.33, subdivision 2; 273.37, subdivision 2; 273.3711; 274.01, subdivisions 1, 2; 274.014, subdivision 3; 275.025, subdivision 2; 275.065, subdivision 1; 275.08, subdivisions 1a, 1d; 275.74, subdivision 2; 275.75; 279.03; 279.16; 279.23; 279.25; 280.001; 280.03; 280.07; 280.11; 281.03; 281.327; 282.01, subdivision 6; 282.04, subdivision 4; 282.261, subdivisions 2, 4, 5; 282.322; 287.30; 289A.02, subdivision 7, as amended; 289A.18, subdivision 2; 289A.25, subdivision 1; 289A.60, subdivision 15; 290.01, subdivisions 5, 19f, 29; 290.015, subdivision 1; 290.068, subdivision 1; 290.07, subdivisions 1, 2; 290.0922, subdivision 3; 290.095, subdivision 3; 290.9728, subdivision 2; 296A.01, subdivision 16; 297A.67, subdivision 13a, by adding a subdivision; 297A.68, by adding a subdivision; 297A.70, subdivision 10; 297A.71, by adding a subdivision; 297A.94; 297B.03; 297B.09; 297F.03, subdivision 2; 297F.09, subdivision 10; 297G.03, by adding a subdivision; 297G.09, subdivision 9; 297I.05, subdivision 14; 298.75, subdivisions 1, 2; 383D.41, by adding a subdivision; 383E.21, subdivisions 1, 2; 412.131; 469.171, subdivision 6; 469.176, subdivisions 1b, 3; 469.1763, subdivision 3; 469.177, subdivision 3; 473.665, subdivision 5; 477A.0124, subdivision 5; 477A.014, subdivision 1; 477A.03, by adding a subdivision; 611.27, subdivisions 13, 15; Minnesota Statutes 2013 Supplement, sections 116J.8737, subdivision 2, as amended; 116J.8738, subdivisions 2, 3, 4; 270B.01, subdivision 8; 270B.03, subdivision 1; 273.032; 273.1325, subdivisions 1, 2; 273.1398, subdivisions 3, 4; 275.70, subdivision 5; 279.37, subdivision 2; 281.17; 289A.20, subdivision 4; 290.01, subdivisions 19, as amended, 19b, as amended, 19d, 31, as amended; 290.068, subdivisions 3, 6a; 290.091, subdivision 2, as amended; 290.0921, subdivision 3; 290.191, subdivision 5; 290A.03, subdivision 15, as amended; 290C.03; 291.005, subdivision 1, as amended; 297A.61, subdivision 3, as amended; 297A.68, subdivisions 42, 44; 297A.70, subdivisions 2, 13, 14; 297A.75, subdivisions 1, 2, 3; 297B.01, subdivision 16; 360.531, subdivision 2; 403.162, subdivision 5; 423A.02, subdivision 3; 423A.022, subdivisions 2, 3; 465.04; 469.169, by adding a subdivision; 469.1763, subdivision 2; 477A.013, subdivision 8; 477A.03, subdivision 2a; 477A.12, subdivision 1; 477A.14, subdivision 1; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2005, First Special Session chapter 3, article 5, section 38, subdivision 4; Laws 2006, chapter 259, article 3, sections 10, subdivisions 3, 4, 5; 11, subdivisions 3, 4, 5; Laws 2008, chapter 366, article 10, section 15; Laws 2013, chapter 143, article 8, sections 3; 37; article 9, section 23; article 11, section 10; Laws 2014, chapter 150, article 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 69; 116J; 168A; 272; 290; 383A; 477A; repealing Minnesota Statutes 2012, sections 16D.02, subdivisions 5, 8; 16D.11, subdivision 2; 270C.131; 270C.53; 270C.991, subdivision 4; 272.02, subdivisions 1, 1a, 43, 48, 51, 53, 67, 72, 82; 272.027, subdivision 2; 272.031; 273.015, subdivision 1; 273.03, subdivision 3; 273.075; 273.13, subdivision 21a; 273.1383; 273.1386; 273.1398, subdivision 4b; 273.80; 275.77; 279.32; 281.173, subdivision 8; 281.174, subdivision 8; 281.328; 282.10; 282.23; 287.20, subdivision 4; 287.27, subdivision 2; 289A.56, subdivision 7; 290.01, subdivisions 4b, 19e, 20e; 290.06, subdivisions 30, 31; 290.0674, subdivision 3; 290.191, subdivision 4; 290.33; 290C.02, subdivisions 5, 9; 290C.06; 295.52, subdivision 7; 297A.666; 297A.68, subdivision 38; 297A.71, subdivisions 4, 5, 7, 9, 10, 17, 18, 20, 32, 41; 297F.08, subdivision 11; 297H.10, subdivision 2; 469.174, subdivision 10c; 469.175, subdivision 2b; 469.176, subdivision 1i; 469.1764; 469.177, subdivision 10; 469.330; 469.331; 469.332; 469.333; 469.334; 469.335; 469.336; 469.337; 469.338; 469.339; 469.340, subdivisions 1, 2, 3, 5; 469.341; 477A.0124, subdivisions 1, 6; 505.173; Minnesota Statutes 2013 Supplement, sections 273.1103; 469.340, subdivision 4; 477A.085; Laws 1993, chapter 375, article 9, section 47; Laws 2014, chapter 150, article 1, section 17; Minnesota Rules, parts 8002.0200, subpart 8; 8007.0200; 8100.0800; 8130.7500, subpart 7; 8130.8900, subpart 3; 8130.9500, subparts 1, 1a, 2, 3, 4, 5.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2470.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2470
A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.
May 15, 2014
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2470 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2470 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a subdivision to read:
Subd. 22. Medical
use of cannabis data. Data
collected under the registry program authorized under sections 152.22 to 152.37
are governed by sections 152.25, subdivision 1; 152.28, subdivision 2; and
152.37, subdivision 3.
Sec. 2. [152.22]
DEFINITIONS.
Subdivision 1. Applicability. For purposes of sections 152.22 to
152.37, the terms defined in this section have the meanings given them.
Subd. 2. Commissioner. "Commissioner" means the
commissioner of health.
Subd. 3. Disqualifying
felony offense. "Disqualifying
felony offense" means a violation of a state or federal controlled
substance law that is a felony under Minnesota law, or would be a felony if
committed in Minnesota, regardless of the sentence imposed, unless the
commissioner determines that the person's conviction was for the medical use of
cannabis or assisting with the medical use of cannabis.
Subd. 4. Health
care practitioner. "Health
care practitioner" means a Minnesota licensed doctor of medicine, a
Minnesota licensed physician assistant acting within the scope of authorized
practice, or a Minnesota licensed advanced practice registered nurse who has
the primary responsibility for the care and treatment of the qualifying medical
condition of a person diagnosed with a qualifying medical condition.
Subd. 5. Health
records. "Health
records" means health records as defined in section 144.291, subdivision
2, paragraph (c).
Subd. 6. Medical
cannabis. "Medical
cannabis" means any species of the genus cannabis plant, or any mixture or
preparation of them, including whole plant extracts and resins, and is
delivered in the form of:
(1) liquid, including, but not limited
to, oil;
(2) pill;
(3) vaporized delivery method with use
of liquid or oil but which does not require the use of dried leaves or plant
form; or
(4) any other method, excluding
smoking, approved by the commissioner.
Subd. 7. Medical
cannabis manufacturer. "Medical
cannabis manufacturer" or "manufacturer" means an entity
registered by the commissioner to cultivate, acquire, manufacture, possess,
prepare, transfer, transport, supply, or dispense medical cannabis, delivery
devices, or related supplies and educational materials.
Subd. 8. Medical
cannabis product. "Medical
cannabis product" means any delivery device or related supplies and
educational materials used in the administration of medical cannabis for a
patient with a qualifying medical condition enrolled in the registry program.
Subd. 9. Patient. "Patient" means a Minnesota
resident who has been diagnosed with a qualifying medical condition by a health
care practitioner and who has otherwise met any other requirements for patients
under sections 152.22 to 152.37 to participate in the registry program under
sections 152.22 to 152.37.
Subd. 10. Patient
registry number. "Patient
registry number" means a unique identification number assigned by the
commissioner to a patient enrolled in the registry program.
Subd. 11. Registered
designated caregiver. "Registered
designated caregiver" means a person who:
(1) is at least 21 years old;
(2) does not have a conviction for a
disqualifying felony offense;
(3) has been approved by the
commissioner to assist a patient who has been identified by a health care practitioner
as developmentally or physically disabled and therefore unable to
self-administer medication or acquire medical cannabis from a distribution
facility due to the disability; and
(4) is authorized by the commissioner
to assist the patient with the use of medical cannabis.
Subd. 12. Registry program. "Registry program" means the
patient registry established sections 152.22 to 152.37.
Subd. 13. Registry
verification. "Registry
verification" means the verification provided by the commissioner that a
patient is enrolled in the registry program and that includes the patient's
name, registry number, and qualifying medical condition and, if applicable, the
name of the patient's registered designated caregiver or parent or legal
guardian.
Subd. 14. Qualifying
medical condition. "Qualifying
medical condition" means a diagnosis of any of the following conditions:
(1)
cancer, if the underlying condition or treatment produces one or more of the
following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting;
(2) glaucoma;
(3) human immunodeficiency virus or
acquired immune deficiency syndrome;
(4) Tourette's syndrome;
(5) amyotrophic lateral sclerosis;
(6) seizures, including those
characteristic of epilepsy;
(7) severe and persistent muscle
spasms, including those characteristic of multiple sclerosis;
(8) Crohn's disease;
(9) terminal illness, with a probable
life expectancy of under one year, if the illness or its treatment produces one
or more of the following:
(i) severe or chronic pain;
(ii) nausea or severe vomiting; or
(iii) cachexia or severe wasting; or
(10) any other medical condition or its
treatment approved by the commissioner.
Sec. 3. [152.23]
LIMITATIONS.
(a) Nothing in sections 152.22 to
152.37 permits any person to engage in and does not prevent the imposition of
any civil, criminal, or other penalties for:
(1) undertaking any task under the
influence of medical cannabis that would constitute negligence or professional
malpractice;
(2) possessing or engaging in the use
of medical cannabis:
(i) on a school bus or van;
(ii) on the grounds of any preschool or
primary or secondary school;
(iii) in any correctional facility; or
(iv) on the grounds of any child care
facility or home daycare;
(3)
vaporizing medical cannabis pursuant to section 152.22, subdivision 6:
(i) on any form of public
transportation;
(ii) where the vapor would be inhaled
by a nonpatient minor child; or
(iii) in any public place, including
any indoor or outdoor area used by or open to the general public or a place of
employment as defined under section 144.413, subdivision 1b; and
(4) operating, navigating, or being in
actual physical control of any motor vehicle, aircraft, train, or motorboat, or
working on transportation property, equipment, or facilities while under the
influence of medical cannabis.
(b) Nothing in sections 152.22 to
152.37 require the medical assistance and MinnesotaCare programs to reimburse
an enrollee or a provider for costs associated with the medical use of cannabis. Medical assistance and MinnesotaCare shall
continue to provide coverage for all services related to treatment of an
enrollee's qualifying medical condition if the service is covered under chapter
256B or 256L.
Sec. 4. [152.24]
FEDERALLY APPROVED CLINICAL TRIALS.
The commissioner may prohibit
enrollment of a patient in the registry program if the patient is
simultaneously enrolled in a federally approved clinical trial for the
treatment of a qualifying medical condition with medical cannabis. The commissioner shall provide information to
all patients enrolled in the registry program on the existence of federally
approved clinical trials for the treatment of the patient's qualifying medical
condition with medical cannabis as an alternative to enrollment in the patient
registry program.
Sec. 5. [152.25]
COMMISSIONER DUTIES.
Subdivision 1. Medical
cannabis manufacturer registration. (a)
The commissioner shall register two in-state manufacturers for the production
of all medical cannabis within the state by December 1, 2014, unless the
commissioner obtains an adequate supply of federally sourced medical cannabis
by August 1, 2014. The commissioner
shall register new manufacturers or reregister the existing manufacturers by
December 1 of each year, using the factors
described in paragraph (c). The
commissioner shall continue to accept applications after December 1, 2014, if
two manufacturers that meet the qualifications set forth in this subdivision do
not apply before December 1, 2014. The
commissioner's determination that no manufacturer exists to fulfill the duties
under sections 152.22 to 152.37 is subject to judicial review in Ramsey County
District Court. Data submitted
during the application process are private data on individuals or nonpublic
data as defined in section 13.02 until the manufacturer is registered under
this section. Data on a manufacturer
that is registered are public data, unless the data are trade secret or
security information under section 13.37.
(b) As a condition for registration, a
manufacturer must agree to:
(1) begin supplying medical cannabis to
patients by July 1, 2015; and
(2) comply with all requirements under
sections 152.22 to 152.37.
(c) The commissioner shall consider the
following factors when determining which manufacturer to register:
(1) the technical expertise of the
manufacturer in cultivating medical cannabis and converting the medical
cannabis into an acceptable delivery method under section 152.22, subdivision
6;
(2) the qualifications of the
manufacturer's employees;
(3)
the long-term financial stability of the manufacturer;
(4) the ability to provide appropriate
security measures on the premises of the manufacturer;
(5) whether the manufacturer has demonstrated
an ability to meet the medical cannabis production needs required by sections
152.22 to 152.37; and
(6) the manufacturer's projection and
ongoing assessment of fees on patients with a qualifying medical condition.
(d) The commissioner shall require each
medical cannabis manufacturer to contract with an independent laboratory to
test medical cannabis produced by the manufacturer. The commissioner shall approve the laboratory
chosen by each manufacturer and require that the laboratory report testing
results to the manufacturer in a manner determined by the commissioner.
Subd. 2. Range
of compounds and dosages; report. The
commissioner shall review and publicly report the existing medical and
scientific literature regarding the range of recommended dosages for each
qualifying condition and the range of chemical compositions of any plant of the
genus cannabis that will likely be medically beneficial for each of the
qualifying medical conditions. The
commissioner shall make this information available to patients with qualifying
medical conditions beginning December 1, 2014, and update the information
annually. The commissioner may consult
with the independent laboratory under contract with the manufacturer or other
experts in reporting the range of recommended dosages for each qualifying
medical condition, the range of chemical compositions that will likely be
medically beneficial, and any risks of noncannabis drug interactions. The commissioner shall consult with each
manufacturer on an annual basis on medical cannabis offered by the manufacturer. The list of medical cannabis offered by a
manufacturer shall be published on the Department of Health Web site.
Subd. 3. Deadlines. (a) The commissioner shall adopt rules
necessary for the manufacturer to begin distribution of medical cannabis to
patients under the registry program by July 1, 2015, and have notice of
proposed rules published in the State Register prior to January 1, 2015.
(b) The commissioner shall, by November
1, 2014, advise the public and the cochairs of the task force on medical
cannabis therapeutic research established under section 152.36 if the
commissioner is unable to register two manufacturers by the December 1, 2014,
deadline. The commissioner shall provide
a written statement as to the reason or reasons the deadline will not be met. Upon request of the commissioner, the task
force shall extend the deadline by six months, but may not extend the deadline
more than once.
(c) If notified by a manufacturer that
distribution to patients may not begin by the July 1, 2015, deadline, the
commissioner shall advise the public and the cochairs of the task force on
medical cannabis therapeutic research. Upon
notification by the commissioner, the task force shall extend the deadline by
six months, but may not extend the deadline more than once.
Subd. 4. Reports. (a) The commissioner shall provide
regular updates to the task force on medical cannabis therapeutic research
regarding any changes in federal law or regulatory restrictions regarding the
use of medical cannabis.
(b) The commissioner may submit medical
research based on the data collected under sections 152.22 to 152.37 to any
federal agency with regulatory or enforcement authority over medical cannabis
to demonstrate the effectiveness of medical cannabis for treating a qualifying
medical condition.
Sec. 6. [152.26]
RULEMAKING.
The commissioner may adopt rules to
implement sections 152.22 to 152.37. Rules
for which notice is published in the State Register before January 1, 2015, may
be adopted using the process in section 14.389.
Sec. 7. [152.27]
PATIENT REGISTRY PROGRAM ESTABLISHED.
Subdivision 1. Patient
registry program; establishment. (a)
The commissioner shall establish a patient registry program to evaluate data on
patient demographics, effective treatment options, clinical outcomes, and
quality-of-life outcomes for the purpose of reporting on the benefits, risks,
and outcomes regarding patients with a qualifying medical condition engaged in
the therapeutic use of medical cannabis.
(b) The establishment of the registry
program shall not be construed or interpreted to condone or promote the illicit
recreational use of marijuana.
Subd. 2. Commissioner
duties. (a) The commissioner
shall:
(1) give notice of the program to health
care practitioners in the state who are eligible to serve as health care
practitioners and explain the purposes and requirements of the program;
(2) allow each health care practitioner
who meets or agrees to meet the program's requirements and who requests to
participate, to be included in the registry program to collect data for the
patient registry;
(3) provide explanatory information and
assistance to each health care practitioner in understanding the nature of
therapeutic use of medical cannabis within program requirements;
(4) create and provide a certification
to be used by a health care practitioner for the practitioner to certify
whether a patient has been diagnosed with a qualifying medical condition and
include in the certification an option for the practitioner to certify whether
the patient, in the health care practitioner's medical opinion, is
developmentally or physically disabled and, as a result of that disability, the
patient is unable to self-administer medication or acquire medical cannabis
from a distribution facility;
(5) supervise the participation of the
health care practitioner in conducting patient treatment and health records
reporting in a manner that ensures stringent security and record-keeping
requirements and that prevents the unauthorized release of private data on
individuals as defined by section 13.02;
(6) develop safety criteria for patients
with a qualifying medical condition as a requirement of the patient's
participation in the program, to prevent the patient from undertaking any task
under the influence of medical cannabis that would constitute negligence or
professional malpractice on the part of the patient; and
(7) conduct research and studies based
on data from health records submitted to the registry program and submit
reports on intermediate or final research results to the legislature and major
scientific journals. The commissioner
may contract with a third party to complete the requirements of this clause. Any reports submitted must comply with
section 152.28, subdivision 2.
(b) If the commissioner wishes to add a
delivery method under section 152.22, subdivision 6, or a qualifying medical
condition under section 152.22, subdivision 14, the commissioner must notify
the chairs and ranking minority members of the legislative policy committees
having jurisdiction over health and public safety of the addition and the
reasons for its addition, including any written comments received by the
commissioner from the public and any guidance received from the task force on
medical cannabis research, by January 15 of the year in which the commissioner
wishes to make the change. The change
shall be effective on August 1 of that year, unless the legislature by law
provides otherwise.
Subd. 3. Patient
application. (a) The
commissioner shall develop a patient application for enrollment into the
registry program. The application shall
be available to the patient and given to health care practitioners in the state
who are eligible to serve as health care practitioners. The application must include:
(1) the name, mailing address, and date
of birth of the patient;
(2) the name, mailing address, and
telephone number of the patient's health care practitioner;
(3) the name, mailing address, and date
of birth of the patient's designated caregiver, if any, or the patient's parent
or legal guardian if the parent or legal guardian will be acting as a
caregiver;
(4) a copy of the certification from
the patient's health care practitioner that is dated within 90 days prior to
submitting the application which certifies that the patient has been diagnosed
with a qualifying medical condition and, if applicable, that, in the health
care practitioner's medical opinion, the patient is developmentally or
physically disabled and, as a result of that disability, the patient is unable
to self-administer medication or acquire medical cannabis from a distribution
facility; and
(5) all other signed affidavits and
enrollment forms required by the commissioner under sections 152.22 to 152.37,
including, but not limited to, the disclosure form required under paragraph
(c).
(b) The commissioner shall require a
patient to resubmit a copy of the certification from the patient's health care
practitioner on a yearly basis and shall require that the recertification be
dated within 90 days of submission.
(c) The commissioner shall develop a
disclosure form and require, as a condition of enrollment, all patients to sign
a copy of the disclosure. The disclosure
must include:
(1) a statement that, notwithstanding
any law to the contrary, the commissioner, or an employee of any state agency,
may not be held civilly or criminally liable for any injury, loss of property,
personal injury, or death caused by any act or omission while acting within the
scope of office or employment under sections 152.22 to 152.37; and
(2) the patient's acknowledgement that
enrollment in the patient registry program is conditional on the patient's
agreement to meet all of the requirements of sections 152.22 to 152.37.
Subd. 4. Registered
designated caregiver. (a) The
commissioner shall register a designated caregiver for a patient if the
patient's health care practitioner has certified that the patient, in the
health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient is unable to
self-administer medication or acquire medical cannabis from a distribution
facility and the caregiver has agreed, in writing, to be the patient's designated
caregiver. As a condition of
registration as a designated caregiver, the commissioner shall require the
person to:
(1) be at least 21 years of age;
(2) agree to only possess any medical
cannabis for purposes of assisting the patient; and
(3) agree that if the application is
approved, the person will not be a registered designated caregiver for more
than one patient, unless the patients reside in the same residence.
(b) The commissioner shall conduct a
criminal background check on the designated caregiver prior to registration to
ensure that the person does not have a conviction for a disqualifying felony
offense. Any cost of the background
check shall be paid by the person seeking registration as a designated
caregiver.
Subd. 5. Parents
or legal guardians. A parent
or legal guardian of a patient may act as the caregiver to the patient without
having to register as a designated caregiver.
The parent or legal guardian shall follow all of the requirements of
parents and legal guardians listed in sections 152.22 to 152.37. Nothing in sections 152.22 to 152.37 limits
any legal authority a parent or legal guardian may have for the patient under
any other law.
Subd. 6. Patient
enrollment. (a) After receipt
of a patient's application and signed disclosure, the commissioner shall enroll
the patient in the registry program and issue the patient and patient's
registered designated caregiver or parent or legal guardian, if applicable, a
registry verification. A patient's
enrollment in the registry program shall only be denied if the patient:
(1) does not have certification from a health care practitioner that the patient has been diagnosed with a qualifying medical condition;
(2) has not signed and returned the
disclosure form required under subdivision 3, paragraph (c), to the
commissioner;
(3) does not provide the information
required;
(4) has previously been removed from the
registry program for violations of section 152.30 or 152.33; or
(5) provides false information.
(b) The commissioner shall give written
notice to a patient of the reason for denying enrollment in the registry
program.
(c) Denial of enrollment into the
registry program is considered a final decision of the commissioner and is
subject to judicial review under the Administrative Procedure Act pursuant to
chapter 14.
(d) A patient's enrollment in the
registry program may only be revoked if a patient violates a requirement under
section 152.30 or 152.33.
(e) The commissioner shall develop a
registry verification to provide to the patient, the health care practitioner
identified in the patient's application, and to the manufacturer. The registry verification shall include:
(1) the patient's name and date of
birth;
(2) the patient registry number assigned
to the patient;
(3) the patient's qualifying medical
condition as provided by the patient's health care practitioner in the
certification; and
(4) the name and date of birth of the
patient's registered designated caregiver, if any, or the name of the patient's
parent or legal guardian if the parent or legal guardian will be acting as a
caregiver.
Subd. 7. Notice
requirements. Patients and
registered designated caregivers shall notify the commissioner of any address
or name change within 30 days of the change having occurred. A patient or registered designated caregiver
is subject to a $100 fine for failure to notify the commissioner of the change.
Sec. 8. [152.28]
HEALTH CARE PRACTITIONER DUTIES.
Subdivision 1. Health
care practitioner duties. (a)
Prior to a patient's enrollment in the registry program, a health care
practitioner shall:
(1)
determine, in the health care practitioner's medical judgment, whether a
patient suffers from a qualifying medical condition, and, if so determined,
provide the patient with a certification of that diagnosis;
(2) determine whether a patient is developmentally or physically disabled and, as a result of that disability, the patient is unable to self-administer medication or acquire medical cannabis from a distribution facility, and, if so determined, include that determination on the patient's certification of diagnosis;
(3) advise patients, registered
designated caregivers, and parents or legal guardians who are acting as
caregivers of the existence of any nonprofit patient support groups or
organizations;
(4) provide explanatory information from
the commissioner to patients with qualifying medical conditions, including
disclosure to all patients about the experimental nature of therapeutic use of
medical cannabis; the possible risks, benefits, and side effects of the
proposed treatment; the application and other materials from the commissioner;
and provide patients with the Tennessen warning as required by section 13.04,
subdivision 2; and
(5) agree to continue treatment of the
patient's qualifying medical condition and report medical findings to the
commissioner.
(b) Upon notification from the
commissioner of the patient's enrollment in the registry program, the health
care practitioner shall:
(1) participate in the patient registry
reporting system under the guidance and supervision of the commissioner;
(2) report health records of the patient
throughout the ongoing treatment of the patient to the commissioner in a manner
determined by the commissioner and in accordance with subdivision 2;
(3) determine, on a yearly basis, if the
patient continues to suffer from a qualifying medical condition and, if so,
issue the patient a new certification of that diagnosis; and
(4) otherwise comply with all
requirements developed by the commissioner.
(c) Nothing in this section requires a
health care practitioner to participate in the registry program.
Subd. 2. Data. Data collected on patients by a health
care practitioner and reported to the patient registry are health records under
section 144.291, and are private data on individuals under section 13.02, but
may be used or reported in an aggregated, nonidentifiable form as part of a
scientific, peer-reviewed publication of research conducted under section
152.25 or in the creation of summary data, as defined in section 13.02,
subdivision 19.
Sec. 9. [152.29]
MANUFACTURER OF MEDICAL CANNABIS DUTIES.
Subdivision 1. Manufacturer;
requirements. (a) A
manufacturer shall operate four distribution facilities, which may include the
manufacturer's single location for cultivation, harvesting, manufacturing,
packaging, and processing but is not required to include that location. A manufacturer is required to begin
distribution of medical cannabis from at least one distribution facility by
July 1, 2015. All distribution
facilities must be operational and begin distribution of medical cannabis by
July 1, 2016. The distribution
facilities shall be located based on geographical need throughout the state to
improve patient access. A manufacturer
shall disclose the proposed locations for the distribution facilities to the
commissioner during the registration process.
A manufacturer shall operate only one location where all cultivation,
harvesting, manufacturing, packaging, and processing shall be conducted. Any additional distribution facilities may
dispense medical cannabis and medical cannabis products but may not contain any
medical cannabis in a form other than those forms allowed under section 152.22,
subdivision 6, and the manufacturer shall not conduct any cultivation,
harvesting, manufacturing, packaging, or processing at an additional
distribution facility site. Any
distribution facility operated by the manufacturer is subject to all of the
requirements applying to the manufacturer under sections 152.22 to 152.37,
including, but not limited to, security and distribution requirements.
(b)
A medical cannabis manufacturer shall contract with a laboratory, subject to
the commissioner's approval of the laboratory and any additional requirements
set by the commissioner, for purposes of testing medical cannabis manufactured
by the medical cannabis manufacturer as to content, contamination, and
consistency to verify the medical cannabis meets the requirements of section
152.22, subdivision 6. The cost of
laboratory testing shall be paid by the manufacturer.
(c) The operating documents of a
manufacturer must include:
(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping; and
(2) procedures for the implementation of
appropriate security measures to deter and prevent the theft of medical
cannabis and unauthorized entrance into areas containing medical cannabis.
(d) A manufacturer shall implement
security requirements, including requirements for protection of each location
by a fully operational security alarm system, facility access controls,
perimeter intrusion detection systems, and a personnel identification system.
(e) A manufacturer shall not share
office space with, refer patients to a health care practitioner, or have any
financial relationship with a health care practitioner.
(f) A manufacturer shall not permit any
person to consume medical cannabis on the property of the manufacturer.
(g) A manufacturer is subject to
reasonable inspection by the commissioner.
(h) For purposes of sections 152.22 to
152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy
licensure or regulatory requirements under chapter 151.
(i) A medical cannabis manufacturer may
not employ any person who is under 21 years of age or who has been convicted of
a disqualifying felony offense. An
employee of a medical cannabis manufacturer must submit a completed criminal
history records check consent form, a full set of classifiable fingerprints,
and the required fees for submission to the Bureau of Criminal Apprehension
before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal
history records check and the superintendent is authorized to exchange the
fingerprints with the Federal Bureau of Investigation to obtain the applicant's
national criminal history record information.
The bureau shall return the results of the Minnesota and federal
criminal history records checks to the commissioner.
(j) A manufacturer may not operate in
any location, whether for distribution or cultivation, harvesting,
manufacturing, packaging, or processing, within 1,000 feet of a public or
private school existing before the date of the manufacturer's registration with
the commissioner.
(k) A manufacturer shall comply with
reasonable restrictions set by the commissioner relating to signage, marketing,
display, and advertising of medical cannabis.
Subd. 2. Manufacturer;
production. (a) A
manufacturer of medical cannabis shall provide a reliable and ongoing supply of
all medical cannabis needed for the registry program.
(b) All cultivation, harvesting,
manufacturing, packaging, and processing of medical cannabis must take place in
an enclosed, locked facility at a physical address provided to the commissioner
during the registration process.
(c) A manufacturer must process and
prepare any medical cannabis plant material into a form allowable under section
152.22, subdivision 6, prior to distribution of any medical cannabis.
Subd. 3. Manufacturer;
distribution. (a) A
manufacturer shall require that employees licensed as pharmacists pursuant to
chapter 151 be the only employees to distribute the medical cannabis to a
patient.
(b) A manufacturer may dispense medical
cannabis products, whether or not the products have been manufactured by the
manufacturer, but is not required to dispense medical cannabis products.
(c) Prior to distribution of any
medical cannabis, the manufacturer shall:
(1) verify that the manufacturer has
received the registry verification from the commissioner for that individual
patient;
(2) verify that the person requesting
the distribution of medical cannabis is the patient, the patient's registered
designated caregiver, or the patient's parent or legal guardian listed in the
registry verification using the procedures described in section 152.11,
subdivision 2d;
(3) assign a tracking number to any
medical cannabis distributed from the manufacturer;
(4) ensure that any employee of the
manufacturer licensed as a pharmacist pursuant to chapter 151 has consulted
with the patient to determine the proper dosage for the individual patient
after reviewing the ranges of chemical compositions of the medical cannabis and
the ranges of proper dosages reported by the commissioner;
(5) properly package medical cannabis
in compliance with the United States Poison Prevention Packing Act regarding
child resistant packaging and exemptions for packaging for elderly patients,
and label distributed medical cannabis with a list of all active ingredients
and individually identifying information, including:
(i) the patient's name and date of
birth;
(ii) the name and date of birth of the
patient's registered designated caregiver or, if listed on the registry
verification, the name of the patient's parent or legal guardian, if
applicable;
(iii) the patient's registry
identification number;
(iv) the chemical composition of the
medical cannabis; and
(v) the dosage; and
(6) ensure that the medical cannabis
distributed contains a maximum of a 30-day supply of the dosage determined for
that patient.
(d) A manufacturer shall require any
employee of the manufacturer who is transporting medical cannabis or medical
cannabis products to a distribution facility to carry identification showing
that the person is an employee of the manufacturer.
Subd. 4. Report. Each manufacturer shall report to the
commissioner on a monthly basis the following information on each individual
patient for the month prior to the report:
(1) the amount and dosages of medical
cannabis distributed;
(2) the chemical composition of the
medical cannabis; and
(3) the tracking number assigned to any
medical cannabis distributed.
Sec. 10. [152.30]
PATIENT DUTIES.
(a) A patient shall apply to the commissioner
for enrollment in the registry program by submitting an application as required
in section 152.27 and an annual registration fee as determined under section
152.35.
(b) As a condition of continued
enrollment, patients shall agree to:
(1) continue to receive regularly
scheduled treatment for their qualifying medical condition from their health
care practitioner; and
(2) report changes in their qualifying
medical condition to their health care practitioner.
(c) A patient shall only receive medical
cannabis from a registered manufacturer but is not required to receive medical
cannabis products from only a registered manufacturer.
Sec. 11. [152.31]
DATA PRACTICES.
(a) Government data in patient files
maintained by the commissioner and the health care practitioner, and data
submitted to or by a medical cannabis manufacturer, are private data on
individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as
defined in section 13.02, subdivision 9, but may be used for purposes of
complying with chapter 13 and complying with a request from the legislative
auditor or the state auditor in the performance of official duties. The provisions of section 13.05, subdivision
11, apply to a registration agreement entered between the commissioner and a
medical cannabis manufacturer under section 152.25.
(b)
Not public data maintained by the commissioner may not be used for any purpose
not provided for in sections 152.22 to 152.37, and may not be combined
or linked in any manner with any other list, dataset, or database.
Sec. 12. [152.32]
PROTECTIONS FOR REGISTRY PROGRAM PARTICIPATION.
Subdivision 1. Presumption. (a) There is a presumption that a
patient enrolled in the registry program under sections 152.22 to 152.37 is
engaged in the authorized use of medical cannabis.
(b) The presumption may be rebutted by
evidence that conduct related to use of medical cannabis was not for the
purpose of treating or alleviating the patient's qualifying medical condition
or symptoms associated with the patient's qualifying medical condition.
Subd. 2. Criminal
and civil protections. (a)
Subject to section 152.23, the following are not violations under this chapter:
(1) use or possession of medical
cannabis or medical cannabis products by a patient enrolled in the registry
program, or possession by a registered designated caregiver or the parent or
legal guardian of a patient if the parent or legal guardian is listed on the
registry verification;
(2) possession, dosage determination, or
sale of medical cannabis or medical cannabis products by a medical cannabis
manufacturer, employees of a manufacturer, a laboratory conducting testing on
medical cannabis, or employees of the laboratory; and
(3) possession of medical cannabis or
medical cannabis products by any person while carrying out the duties required
under sections 152.22 to 152.37.
(b) Medical cannabis obtained and
distributed pursuant to sections 152.22 to 152.37 and associated property is
not subject to forfeiture under sections 609.531 to 609.5316.
(c)
The commissioner, the commissioner's staff, the commissioner's agents or
contractors and any health care practitioner are not subject to any civil or
disciplinary penalties by the Board of Medical Practice, the Board of Nursing,
or by any business, occupational, or professional licensing board or entity,
solely for the participation in the registry program under sections 152.22 to
152.37. A pharmacist licensed under
chapter 151 is not subject to any civil or disciplinary penalties by the Board
of Pharmacy when acting in accordance with the provisions of sections 152.22 to
152.37. Nothing in this section affects
a professional licensing board from taking action in response to violations of
any other section of law.
(d)
Notwithstanding any law to the contrary, the commissioner, the governor of
Minnesota, or an employee of any state agency may not be held civilly or
criminally liable for any injury, loss of property, personal injury, or death
caused by any act or omission while acting within the scope of office or
employment under sections 152.22 to 152.37.
(e) Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry under sections 152.22 to 152.37 except when acting pursuant to a valid search warrant.
(f) Notwithstanding any law to the
contrary, neither the commissioner nor a public employee may release data or
information about an individual contained in any report, document, or registry
created under sections 152.22 to 152.37 or any information obtained about a
patient participating in the program, except as provided in sections 152.22 to
152.37.
(g) No information contained in a
report, document, registry, or obtained from a patient under sections 152.22 to
152.37 may be admitted as evidence in a criminal proceeding unless
independently obtained or in connection with a proceeding involving a violation
of sections 152.22 to 152.37.
(h) Notwithstanding section 13.09, any
person who violates paragraph (e) or (f) is guilty of a gross misdemeanor.
(i) An attorney may not be subject to
disciplinary action by the Minnesota Supreme Court or professional
responsibility board for providing legal assistance to prospective or
registered manufacturers or others related to activity that is no longer subject
to criminal penalties under state law pursuant to sections 152.22 to 152.37.
(j) Possession of a registry
verification or application for enrollment in the program by a person entitled
to possess or apply for enrollment in the registry program does not constitute
probable cause or reasonable suspicion, nor shall it be used to support a
search of the person or property of the person possessing or applying for the
registry verification, or otherwise subject the person or property of the
person to inspection by any governmental agency.
Subd. 3. Discrimination
prohibited. (a) No school or
landlord may refuse to enroll or lease to and may not otherwise penalize a
person solely for the person's status as a patient enrolled in the registry
program under sections 152.22 to 152.37, unless failing to do so would violate
federal law or regulations or cause the school or landlord to lose a monetary
or licensing-related benefit under federal law or regulations.
(b) For the purposes of medical care,
including organ transplants, a registry program enrollee's use of medical
cannabis under sections 152.22 to 152.37 is considered the equivalent of the
authorized use of any other medication used at the discretion of a physician
and does not constitute the use of an illicit substance or otherwise disqualify
a patient from needed medical care.
(c) Unless a failure to do so would
violate federal law or regulations or cause an employer to lose a monetary or
licensing-related benefit under federal law or regulations, an employer may not
discriminate against a person in hiring, termination, or any term or condition
of employment, or otherwise penalize a person, if the discrimination is based
upon either of the following:
(1)
the person's status as a patient enrolled in the registry program under
sections 152.22 to 152.37; or
(2) a patient's positive drug test for
cannabis components or metabolites, unless the patient used, possessed, or was
impaired by medical cannabis on the premises of the place of employment or
during the hours of employment.
(d) An employee who is required to
undergo employer drug testing pursuant to section 181.953 may present
verification of enrollment in the patient registry as part of the employee's
explanation under section 181.953, subdivision 6.
(e) A person shall not be denied custody
of a minor child or visitation rights or parenting time with a minor child
solely based on the person's status as a patient enrolled in the registry
program under sections 152.22 to 152.37.
There shall be no presumption of neglect or child endangerment for
conduct allowed under sections 152.22 to 152.37, unless the person's behavior
is such that it creates an unreasonable danger to the safety of the minor as
established by clear and convincing evidence.
Sec. 13. [152.33]
VIOLATIONS.
Subdivision 1. Intentional
diversion; criminal penalty. In
addition to any other applicable penalty in law, a manufacturer or an agent of
a manufacturer who intentionally transfers medical cannabis to a person other
than a patient, a registered designated caregiver or, if listed on the registry
verification, a parent or legal guardian of a patient is guilty of a felony
punishable by imprisonment for not more than two years or by payment of a fine
of not more than $3,000, or both. A person
convicted under this subdivision may not continue to be affiliated with the
manufacturer and is disqualified from further participation under sections
152.22 to 152.37.
Subd. 2. Diversion
by patient, registered designated caregiver, or parent; criminal penalty. In addition to any other applicable
penalty in law, a patient, registered designated caregiver or, if listed on the
registry verification, a parent or legal guardian of a patient who
intentionally sells or otherwise transfers medical cannabis to a person other
than a patient, designated registered caregiver or, if listed on the registry
verification, a parent or legal guardian of a patient is guilty of a felony
punishable by imprisonment for not more than two years or by payment of a fine
of not more than $3,000, or both.
Subd. 3. False
statement; criminal penalty. A
person who intentionally makes a false statement to a law enforcement official
about any fact or circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition to any other
penalties that may apply for making a false statement or for the possession,
cultivation, or sale of cannabis not protected by sections 152.22 to 152.37. If a person convicted of violating this
subdivision is a patient or a registered designated caregiver, the person is
disqualified from further participation under sections 152.22 to 152.37.
Subd. 4. Submission
of false records; criminal penalty. A
person who knowingly submits false records or documentation required by the
commissioner to register as a manufacturer of medical cannabis under sections
152.22 to 152.37 is guilty of a felony and may be sentenced to imprisonment for
not more than two years or by payment of a fine of not more than $3,000, or
both.
Subd. 5. Violation
by health care practitioner; criminal penalty. A health care practitioner who
knowingly refers patients to a manufacturer or to a designated caregiver, who
advertises as a manufacturer, or who issues certifications while holding a
financial interest in a manufacturer is guilty of a misdemeanor and may be
sentenced to imprisonment for not more than 90 days or by payment of a fine of
not more than $1,000, or both.
Subd. 6. Other
violations; civil penalty. A
manufacturer shall be fined up to $1,000 for any violation of sections 152.22
to 152.37, or the regulations issued pursuant to them, where no penalty has
been specified. This penalty is in
addition to any other applicable penalties in law.
Sec. 14. [152.34]
NURSING FACILITIES.
Nursing facilities licensed under
chapter 144A, boarding care homes licensed under section 144.50, and assisted
living facilities may adopt reasonable restrictions on the use of medical
cannabis by a patient enrolled in the registry program who resides at the
facility. The restrictions may include a
provision that the facility will not store or maintain the patient's supply of
medical cannabis, that the facility is not responsible for providing the
medical cannabis for patients, and that medical cannabis be used only in a
place specified by the facility. Nothing
contained in this section shall require the facilities to adopt such
restrictions and no facility shall unreasonably limit a patient's access to or use of medical cannabis to the extent
that use is authorized by the patient under sections 152.22 to 152.37.
Sec. 15. [152.35]
FEES; DEPOSIT OF REVENUE.
(a) The commissioner shall collect an
enrollment fee of $200 from patients enrolled under this section. If the patient attests to receiving Social
Security disability, Supplemental Security Insurance payments, or being
enrolled in medical assistance or MinnesotaCare, then the fee shall be $50. The fees shall be payable annually and are
due on the anniversary date of the patient's enrollment. The fee amount shall be deposited in the
state treasury and credited to the state government special revenue fund.
(b) The commissioner shall collect an
application fee of $20,000 from each entity submitting an application for
registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in
the state treasury and credited to the state government special revenue fund.
(c) The commissioner shall establish and
collect an annual fee from a medical cannabis manufacturer equal to the cost of
regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be
deposited in the state treasury and credited to the state government special
revenue fund.
(d) A medical cannabis manufacturer may
charge patients enrolled in the registry program a reasonable fee for costs
associated with the operations of the manufacturer. The manufacturer may establish a sliding
scale of patient fees based upon a patient's household income and may accept
private donations to reduce patient fees.
Sec. 16. [152.36]
IMPACT ASSESSMENT OF MEDICAL CANNABIS THERAPEUTIC RESEARCH.
Subdivision 1. Task
force on medical cannabis therapeutic research. (a) A 23-member task force on medical
cannabis therapeutic research is created to conduct an impact assessment of
medical cannabis therapeutic research. The
task force shall consist of the following members:
(1) two members of the house of
representatives, one selected by the speaker of the house, the other selected
by the minority leader;
(2) two members of the senate, one
selected by the majority leader, the other selected by the minority leader;
(3) four members representing consumers or
patients enrolled in the registry program, including at least two parents of
patients under age 18;
(4) four members representing health care
providers, including one licensed pharmacist;
(5) four members representing law enforcement,
one from the Minnesota Chiefs of Police Association, one from the Minnesota
Sheriff's Association, one from the Minnesota Police and Peace Officers
Association, and one from the Minnesota County Attorneys Association;
(6) four members representing substance
use disorder treatment providers; and
(7) the commissioners of health, human
services, and public safety.
(b)
Task force members listed under paragraph (a), clauses (3), (4), (5), and (6),
shall be appointed by the governor under the appointment process in section
15.0597. Members shall serve on the task
force at the pleasure of the appointing authority. All members must be appointed by July 15,
2014, and the commissioner of health shall convene the first meeting of the
task force by August 1, 2014.
(c) There shall be two cochairs of the
task force chosen from the members listed under paragraph (a). One cochair shall be selected by the speaker
of the house and the other cochair shall be selected by the majority leader of
the senate. The authority to convene
meetings shall alternate between the cochairs.
(d) Members of the task force other than
those in paragraph (a), clauses (1), (2), and (7), shall receive expenses as
provided in section 15.059, subdivision 6.
Subd. 2. Impact
assessment. The task force
shall hold hearings to conduct an assessment that evaluates the impact of the
use of medical cannabis and evaluates Minnesota's activities and other states'
activities involving medical cannabis, and offer analysis of:
(1) program design and implementation;
(2) the impact on the health care
provider community;
(3) patient experiences;
(4) the impact on the incidence of
substance abuse;
(5) access to and quality of medical
cannabis and medical cannabis products;
(6) the impact on law enforcement and
prosecutions;
(7) public awareness and perception; and
(8) any unintended consequences.
Subd. 3. Cost
assessment. By January 15 of
each year, beginning January 15, 2015, and ending January 15, 2019, the
commissioners of state departments impacted by the medical cannabis therapeutic
research study shall report to the cochairs of the task force on the costs
incurred by each department on implementing sections 152.22 to 152.37. The reports must compare actual costs to the
estimated costs of implementing these sections and must be submitted to the
task force on medical cannabis therapeutic research.
Subd. 4. Reports
to the legislature. (a) The
cochairs of the task force shall submit the following reports to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over health and human services, public safety, judiciary, and
civil law:
(1) by February 1, 2015, a report on the
design and implementation of the registry program; and every two years
thereafter, a complete impact assessment report; and
(2) upon receipt of a cost assessment
from a commissioner of a state agency, the completed cost assessment.
(b) The task force may make
recommendations to the legislature on whether to add or remove conditions from
the list of qualifying medical conditions.
Subd. 5. Expiration. The task force on medical cannabis
therapeutic research does not expire.
Sec. 17. [152.37]
FINANCIAL EXAMINATIONS; PRICING REVIEWS.
Subdivision 1. Financial
records. A medical cannabis
manufacturer shall maintain detailed financial records in a manner and format
approved by the commissioner, and shall keep all records updated and accessible
to the commissioner when requested.
Subd. 2. Certified
annual audit. A medical cannabis
manufacturer shall submit the results of an annual certified financial audit to
the commissioner no later than May 1 of each year. The annual audit shall be conducted by an
independent certified public accountant and the costs of the audit are the
responsibility of the medical cannabis manufacturer. Results of the audit shall be provided to the
medical cannabis manufacturer and the commissioner. The commissioner may also require another
audit of the medical cannabis manufacturer by a certified public accountant
chosen by the commissioner with the costs of the audit paid by the medical
cannabis manufacturer.
Subd. 3. Power to examine. (a) The commissioner or designee may examine the business affairs and conditions of any medical cannabis manufacturer, including but not limited to a review of the financing, budgets, revenues, sales, and pricing.
(b) An examination may cover the medical
cannabis manufacturer's business affairs, practices, and conditions including
but not limited to a review of the financing, budgets, revenues, sales, and
pricing. The commissioner shall
determine the nature and scope of each examination and in doing so shall take
into account all available relevant factors concerning the financial and
business affairs, practices, and conditions of the examinee. The costs incurred by the department in
conducting an examination shall be paid for by the medical cannabis
manufacturer.
(c) When making an examination under
this section, the commissioner may retain attorneys, appraisers, independent
economists, independent certified public accountants, or other professionals
and specialists as designees. A
certified public accountant retained by the commissioner may not be the same
certified public accountant providing the certified annual audit in subdivision
2.
(d) The commissioner shall make a report
of an examination conducted under this section and provide a copy to the
medical cannabis manufacturer. The
commissioner shall then post a copy of the report on the department's Web site. All working papers, recorded information,
documents, and copies produced by, obtained by, or disclosed to the
commissioner or any other person in the course of an examination, other than
the information contained in any commissioner official report, made under this
section are private data on individuals or nonpublic data, as defined in
section 13.02.
Sec. 18. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to read:
Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the Administrative Procedure Act, but the Formulary Committee shall review and comment on the formulary contents.
(b) The formulary shall not include:
(1) drugs, active pharmaceutical ingredients, or products for which there is no federal funding;
(2) over-the-counter drugs, except as provided in subdivision 13;
(3) drugs or active pharmaceutical ingredients used for weight loss, except that medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
(4) drugs or active pharmaceutical ingredients when used for the treatment of impotence or erectile dysfunction;
(5)
drugs or active pharmaceutical ingredients for which medical value has not been
established; and
(6) drugs from manufacturers who have not
signed a rebate agreement with the Department of Health and Human Services
pursuant to section 1927 of title XIX of the Social Security Act.;
and
(7) medical cannabis as defined in
section 152.22, subdivision 6.
(c) If a single-source drug used by at least two percent of the fee-for-service medical assistance recipients is removed from the formulary due to the failure of the manufacturer to sign a rebate agreement with the Department of Health and Human Services, the commissioner shall notify prescribing practitioners within 30 days of receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was not signed.
Sec. 19. RULES;
ADVERSE INCIDENTS.
(a) The commissioner of health shall
adopt rules to establish requirements for reporting incidents when individuals
who are not authorized to possess medical cannabis under Minnesota Statutes,
sections 152.22 to 152.37, are found in possession of medical cannabis. The rules must identify professionals
required to report, the information they are required to report, and actions
the reporter must take to secure the medical cannabis.
(b) The commissioner of health shall
adopt rules to establish requirements for law enforcement officials and health
care professionals to report incidents involving an overdose of medical
cannabis to the commissioner of health.
(c) Rules must include the method by
which the commissioner will collect and tabulate reports of unauthorized
possession and overdose.
Sec. 20. INTRACTABLE
PAIN.
The commissioner of health shall
consider the addition of intractable pain, as defined in Minnesota Statutes,
section 152.125, subdivision 1, to the list of qualifying medical conditions
under Minnesota Statutes, section 152.22, subdivision 14, prior to the
consideration of any other new qualifying medical conditions. The commissioner shall report findings on the
need for adding intractable pain to the list of qualifying medical conditions
to the task force established under Minnesota Statutes, section 152.36, no
later than July 1, 2016.
Sec. 21. APPROPRIATIONS;
MEDICAL CANNABIS RESEARCH.
Subdivision 1. Health
Department. $2,795,000 is
appropriated in fiscal year 2015 from the general fund to the commissioner of
health for the costs of administering Minnesota Statutes, sections 152.22 to
152.37. The base for this appropriation
is $829,000 in fiscal year 2016 and $728,000 in fiscal year 2017.
Subd. 2. Legislative
Coordinating Commission. $24,000
is appropriated in fiscal year 2015 from the general fund to the Legislative
Coordinating Commission to administer the task force on medical cannabis
therapeutic research under Minnesota Statutes, section 152.36, and for the task
force to conduct the impact assessment on the use of cannabis for medicinal
purposes.
Subd. 3. Health
Department. $100,000 is
appropriated in fiscal year 2015 from the state government special revenue fund
to the commissioner of health for the costs of implementing Minnesota Statutes,
sections 152.22 to 152.37. The base for
this appropriation is $834,000 in fiscal year 2016 and $729,000 in fiscal year
2017.
Sec. 22. EFFECTIVE
DATE.
Sections 1 to 21 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to health; providing for medical cannabis registry program; authorizing rulemaking; establishing duties of patients, health care practitioners, and manufacturer of medical cannabis; establishing patient protections; imposing penalties; establishing fees; requiring impact assessment of medical cannabis therapeutic research; requiring audits; appropriating money; amending Minnesota Statutes 2012, sections 13.3806, by adding a subdivision; 256B.0625, subdivision 13d; proposing coding for new law in Minnesota Statutes, chapter 152."
We request the adoption of this report and repassage of the bill.
Senate Conferees: D. Scott Dibble and Tony Lourey.
House Conferees: Carly Melin, Erin Murphy and Rod Hamilton.
Melin moved that the report of the
Conference Committee on S. F. No. 2470 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker called Hortman to the Chair.
Daudt and Thissen were excused between the
hours of 6:40 p.m. and 7:35 p.m.
The
Speaker resumed the Chair.
S. F. No. 2470, A bill for an act relating to education; authorizing an innovative partnership to deliver certain technology and educational services; proposing coding for new law in Minnesota Statutes, chapter 123A.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 89 yeas and 40 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anzelc
Atkins
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Green
Gruenhagen
Gunther
Hackbarth
Howe
Johnson, B.
Kiel
Kresha
Leidiger
Lohmer
Loon
Marquart
McDonald
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Scott
Swedzinski
Torkelson
Urdahl
Woodard
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 3172
A bill for an act relating to state government; providing supplemental appropriations for higher education, jobs and economic development, public safety, corrections, transportation, environment, natural resources, and agriculture, kindergarten through grade 12 and adult education, health and human services; making forecast adjustments; modifying prior appropriations; modifying disposition of certain revenues; dedicating money to the Board of Trustees of the Minnesota State Colleges and Universities for compensation costs associated with settlement of employment contracts; dedicating certain funds for homeownership opportunities for families evicted or given notice of eviction due to a disabled child in the home; requiring the housing finance agency to improve efforts to reduce racial and ethnic inequalities in homeownership rates; creating an office of regenerative medicine development; modifying workforce program outcomes; creating job training programs; providing funding for the Minnesota Racing Commission; providing a grant to the Mille Lacs Tourism Council; funding Peace Officer Standards and Training Board; modifying certain provisions pertaining to victims of domestic violence and sentencing for criminal sexual conduct; continuing the fire safety advisory committee; providing for disaster assistance for public entities when federal aid is granted and when federal aid is absent; establishing certain transportation oversight authority; modifying provisions for railroad and pipeline safety; modifying certain transportation provisions; providing compensation for bee deaths due to pesticide poisoning; establishing pollinator emergency response team; providing nonresident off-highway motorcycle state trail pass; requiring certain recycling; modifying solid waste reduction; regulating harmful chemicals in children's products; providing for state parks and trails license plates, and licensing and inspection of commercial dog and cat breeders; providing for invasive terrestrial plants and pests center; providing funding and policy modifications for early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, facilities, nutrition, community education, self-sufficiency and lifelong learning, and state agencies; making changes to provisions governing the Department of Health, Department of Human Services, children and family services, continuing care, community first services and supports, health care, public assistance programs, and chemical dependency; providing for unborn child protection; modifying the hospital payment system; modifying provisions governing background studies and home and community-based services standards; setting fees; providing rate increases; establishing grant programs; modifying medical assistance provisions; modifying the use of positive
support strategies and emergency manual restraint; providing for certain grants; defining terms; creating accounts; requiring reports; providing penalties; authorizing rulemaking; amending Minnesota Statutes 2012, sections 12.03, by adding subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision 2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.46, subdivision 4; 13.643, subdivision 6; 13.7411, subdivision 8; 13.84, subdivisions 5, 6; 16A.28, by adding a subdivision; 18B.01, by adding subdivisions; 18B.03, by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2; 85.34, subdivision 7; 85A.02, subdivision 2; 103G.271, subdivision 6; 115A.151; 115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2, 3; 115B.39, subdivision 2; 115E.01, by adding subdivisions; 115E.08, by adding subdivisions; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; 116L.98; 119B.09, subdivision 9a, by adding a subdivision; 121A.19; 122A.40, subdivision 13; 122A.41, subdivision 6; 122A.415, subdivision 1; 123A.05, subdivision 2; 123A.485; 123A.64; 123B.57, subdivision 6; 123B.71, subdivisions 8, 9; 124D.09, subdivisions 9, 13; 124D.111, by adding a subdivision; 124D.16, subdivision 2; 124D.522; 124D.531, subdivision 3; 124D.59, subdivision 2; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 127A.45, subdivisions 2, 3; 127A.49, subdivisions 2, 3; 129C.10, subdivision 3, by adding a subdivision; 144.0724, as amended; 144.551, subdivision 1; 145.4131, subdivision 1; 165.15, subdivision 2; 169.826, by adding a subdivision; 169.8261, by adding a subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865, subdivisions 1, 2, by adding a subdivision; 169.866, subdivision 3, by adding a subdivision; 174.24, by adding a subdivision; 174.56, subdivision 1, by adding a subdivision; 179.02, by adding a subdivision; 181A.07, by adding a subdivision; 219.015, subdivisions 1, 2; 243.167, subdivision 1; 245A.03, subdivision 2c; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.27, by adding a subdivision; 252.451, subdivision 2; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 3a, 3b, 3c, 6a, 8, 8a, 9, 10, 12, 14, 17, 18, 25, 30, by adding subdivisions; 256.9752, subdivision 2; 256B.04, by adding a subdivision; 256B.0625, subdivisions 18b, 18c, 18d, 18g, 30, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.199; 256B.35, subdivision 1; 256B.431, by adding a subdivision; 256B.434, by adding a subdivision; 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision; 256I.04, subdivision 2b; 256I.05, subdivision 2; 256J.49, subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531; 257.85, subdivision 11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 299F.012, subdivisions 1, 2; 469.084, by adding a subdivision; 473.408, by adding a subdivision; 609.135, subdivision 2; 609.3451, subdivision 3; 611A.06, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 16A.724, subdivision 2; 123B.53, subdivisions 1, 5; 123B.54; 123B.75, subdivision 5; 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.165, subdivision 5; 124D.531, subdivision 1; 124D.65, subdivision 5; 124D.862, subdivisions 1, 2; 125A.0942; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2, 2a, 2d, 24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 126C.48, subdivision 8; 127A.47, subdivision 7; 145.4716, subdivision 2; 168.123, subdivision 2; 174.42, subdivision 2; 245.8251; 245A.03, subdivision 7; 245A.042, subdivision 3; 245A.16, subdivision 1; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b, 8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2, 3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1, 1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 1, 2, 4, 6, 7, 8; 245D.071, subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a; 245D.091, subdivisions 2, 3, 4; 245D.10, subdivisions 3, 4; 245D.11, subdivision 2; 256B.04, subdivision 21; 256B.056, subdivision 5c; 256B.0625, subdivisions 17, 18e; 256B.0949, subdivisions 4, 11; 256B.439, subdivisions 1, 7; 256B.441, subdivision 53; 256B.4912, subdivision 1; 256B.492; 256B.69, subdivision 34; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24, by adding subdivisions; 256N.22, subdivisions 1, 2, 4; 256N.23, subdivision 4; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; Laws 2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 249, section 11; Laws 2012, chapter 263, section 1; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 85, article 1, sections 3, subdivisions 2, 5, 6; 4, subdivisions 1, 2; 5; 13, subdivision 5; Laws 2013, chapter 86, article 1, sections 12, subdivision 3, as amended; 13; Laws 2013, chapter 108, article 1, section 24; article 3, section 48; article 7, sections 14; 49; article 14, sections 2, subdivisions 1, 4, as
amended, 5, 6, as amended; 3, subdivisions 1, 4; 4, subdivision 8; 12; Laws 2013, chapter 114, article 3, section 4, subdivision 3; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 11, 15, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4, 8; article 6, section 12, subdivisions 2, 3, 4, 5, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 10, 11, 14; article 9, sections 1, subdivision 2; 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions 2, 3; 4; proposing coding for new law in Minnesota Statutes, chapters 8; 18B; 19; 84; 85; 87A; 115E; 116; 116J; 123A; 123B; 124D; 129C; 144; 144A; 145; 168; 219; 299A; 347; 473; proposing coding for new law as Minnesota Statutes, chapter 12B; repealing Minnesota Statutes 2012, sections 115A.551, subdivision 2; 116J.997; 123B.71, subdivision 1; 256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13, 20, 21, 22, 26, 27, 28; 256.9695, subdivisions 3, 4; Minnesota Statutes 2013 Supplement, sections 256B.0625, subdivision 18f; 256N.26, subdivision 7.
May 16, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 3172 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 3172 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HIGHER EDUCATION
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 99, article 1, unless otherwise specified, to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal year indicated for each purpose. The figure "2015" used in this
article means that the appropriation listed under it is available for the
fiscal year ending June 30, 2015.
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APPROPRIATIONS |
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Available for the
Year |
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Ending June 30 |
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2014 |
2015 |
Sec. 2. OFFICE
OF HIGHER EDUCATION |
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$750,000 |
This appropriation is for immediate transfer to College Possible for the purpose of expanding College Possible coaching and mentoring programs in Minnesota schools. The appropriation shall be used for:
(1)
increasing the number of low-income high school students served by College
Possible by adding at least 150 students and partnering with at least three
additional high schools in 2015;
(2) expenses related to direct support for
low-income high school students in after-school programming led by College Possible;
and
(3) coaching and support of low-income
college students through the completion of their college degree.
College Possible must, by February 1,
2015, report to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over higher education and E-12
education on activities funded by this appropriation. The report must include, but is not limited
to, information about the expansion of College Possible in Minnesota, the
number of College Possible coaches hired, the expansion within existing partner
high schools, the expansion of high school partnerships, the number of high
school and college students served, the total hours of community service by
high school and college students, and a list of communities and organizations
benefitting from student service hours.
This appropriation must not be used for
the expansion and support of College Possible outside of Minnesota.
This is a onetime appropriation.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
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$17,000,000 |
$17,000,000 in fiscal year 2015 is
appropriated from the general fund to the Board of Trustees of the Minnesota
State Colleges and Universities for compensation costs associated with the
settlement of employment contracts for fiscal year 2014. The board's appropriation base is increased
by $17,000,000 in fiscal years 2016 and 2017.
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
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Subdivision 1. Total
Appropriation |
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$4,500,000 |
Subd. 2. Health
Sciences Special |
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4,500,000 |
(a) This appropriation is from the general
fund for the direct and indirect expenses of the collaborative partnership
between the Univerity of Minnesota and the Mayo Clinic for regenerative
medicine research, clinical translation, and commercialization. In addition to representatives from the
University of Minnesota and the Mayo Clinic, the collaborative partnership must
include
representatives
of private industry and others with expertise in regenerative medicine research, clinical translation, commercialization, and medical venture financing who are not
affiliated with either the University of Minnesota or the Mayo Clinic.
(b) By January 15 of each odd-numbered
year beginning in 2017, the partnership must submit an independent financial
audit to the chairs and ranking minority members of the committees of the house
of representatives and senate having jurisdiction over higher education and
economic development. The audit must
include the names of all recipients of grants awarded by the partnership and
their affiliation, if any, with the University of Minnesota or the Mayo Clinic.
(c) The full amount of this appropriation
is for the partnership and may not be used by the University of Minnesota for
administrative or monitoring expenses.
(d) For fiscal year 2016 and thereafter,
the base for this program is $4,350,000.
Sec. 5. [5.39]
STUDY ABROAD PROGRAMS.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "Postsecondary
institution" means an institution that meets the eligibility requirements
under section 136A.103 to participate in state financial aid programs.
(c) "Program" means a study
abroad program offered or approved for credit by a postsecondary institution in
which program participants travel outside of the United States in connection
with an educational experience.
Subd. 2. Report. (a) A postsecondary institution, must
file by November 1 of each year a report on its programs with the secretary of
state. The report must contain the
following information from the previous academic year, including summer terms:
(1) deaths of program participants that
occurred during program participation as a result of program participation; and
(2) accidents and illnesses that
occurred during program participation as a result of program participation and
that required hospitalization.
Information reported under clause (1) may be supplemented
by a brief explanatory statement.
(b) A postsecondary institution must
report to the secretary of state annually by November 1 whether its program
complies with health and safety standards set by the Forum on Education Abroad
or a similar study abroad program standard setting agency.
Subd. 3. Secretary
of state; publication of program information. (a) The secretary of state must
publish the reports required by subdivision 2, on its Web site in a format that
facilitates identifying information related to a particular postsecondary
institution.
(b)
The secretary of state shall publish on its Web site the best available
information by country on sexual assaults and other criminal acts affecting
study abroad program participants during program participation. This information shall not be limited to
programs subject to this section.
Subd. 4. Office
of Higher Education. The
secretary of state shall provide the information it posts on its Web site under
subdivision 3 to the Office of Higher Education, in electronic format, at the
time it posts the information. The
Office of Higher Education shall post the information on its Web site and may
otherwise distribute the information. In
materials distributed or posted, the Office of Higher Education must reference
this section.
Subd. 5. Program
material. A postsecondary
institution must include in its written materials provided to prospective
program participants a link to the secretary of state Web site stating that
program health and safety information is available at the Web site.
EFFECTIVE
DATE. This section is
effective August 1, 2014, provided that the initial reports under subdivision 2
are due November 1, 2015.
Sec. 6. [135A.0431]
MILITARY VETERANS; RESIDENT TUITION.
(a) A person who is honorably
discharged from the armed forces of the United States is entitled to the
resident tuition rate at Minnesota public postsecondary institutions.
(b) This section is in addition to any
other statute, rule, or higher education institution regulation or policy
providing eligibility for a resident tuition rate or its equivalent to a
student.
EFFECTIVE
DATE. This section is
effective for academic terms beginning after August 1, 2014.
Sec. 7. Minnesota Statutes 2012, section 136A.01, subdivision 2, is amended to read:
Subd. 2. Responsibilities. (a) The Minnesota Office of Higher Education is responsible for:
(1) necessary state level administration of financial aid programs, including accounting, auditing, and disbursing state and federal financial aid funds, and reporting on financial aid programs to the governor and the legislature;
(2) approval, registration, licensing, and financial aid eligibility of private collegiate and career schools, under sections 136A.61 to 136A.71 and chapter 141;
(3) determining whether to enter into
an interstate reciprocity agreement regarding postsecondary distance education;
(3) (4) negotiating and
administering reciprocity agreements;
(4) (5) publishing and
distributing financial aid information and materials, and other information and
materials under section 136A.87, to students and parents;
(5) (6) collecting and
maintaining student enrollment and financial aid data and reporting data on
students and postsecondary institutions to develop and implement a process to
measure and report on the effectiveness of postsecondary institutions;
(6) (7) administering the
federal programs that affect students and institutions on a statewide basis;
and
(7) (8) prescribing policies, procedures, and rules under chapter 14 necessary to administer the programs under its supervision.
(b) The office may match individual student data from the student record enrollment database with individual student financial aid data collected and maintained by the office in order to audit or evaluate federal or state supported education programs as permitted by United States Code, title 20, section 1232g(b)(3), and Code of Federal Regulations, title 34, section 99.35. The office shall not release data that personally identifies parents or students other than to employees and contractors of the office.
Sec. 8. Minnesota Statutes 2012, section 136A.1702, is amended to read:
136A.1702
LEGISLATIVE OVERSIGHT.
The office shall notify the chairs of the legislative committees with primary jurisdiction over higher education finance of any proposed material change to any of its student loan programs, including loan refinancing under section 136A.1704, prior to making the change.
Sec. 9. [136A.1704]
STUDENT LOAN REFINANCING.
The office may refinance student and
parent loans as provided by this section and on other terms and conditions the
office prescribes. The office may
establish credit requirements for borrowers and determine what types of student
and parent loans will be eligible for refinancing. The refinanced loan need not have been made
through a loan program administered by the office. Loans shall be made with available funds in
the loan capital fund under section 136A.1785.
The maximum amount of outstanding loans refinanced under this section
may not exceed $100,000,000. The maximum
loan under this section may not exceed $70,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment, provided no loans may be
refinanced prior to June 1, 2015.
Sec. 10. Minnesota Statutes 2012, section 136A.1785, is amended to read:
136A.1785
LOAN CAPITAL FUND.
The office may deposit and hold assets
derived from the operation of its student loan programs and refinanced
education loans authorized by this chapter in a fund known as the loan
capital fund. Assets in the loan capital
fund are available to the office solely for carrying out the purposes and terms
of sections 136A.15 to 136A.1703 136A.1704, including, but not
limited to, making student loans authorized by this chapter, refinancing
education loans authorized by this chapter, paying administrative expenses
associated with the operation of its student loan programs, repurchasing
defaulted student loans, and paying expenses in connection with the issuance of
revenue bonds authorized under this chapter.
Assets in the loan capital fund may be invested as provided in sections
11A.24 and 136A.16, subdivision 8. All
interest and earnings from the investment of the loan capital fund inure to the
benefit of the fund and are deposited into the fund.
Sec. 11. [136A.658]
EXEMPTION; STATE AUTHORIZATION RECIPROCITY AGREEMENT SCHOOLS.
(a) The office may participate in an
interstate reciprocity agreement regarding postsecondary distance education if
it determines that participation is in the best interest of Minnesota
postsecondary students.
(b) If the office decides to
participate in an interstate reciprocity agreement, an institution that meets
the following requirements is exempt from the provisions of sections 136A.61 to
136A.71:
(1)
the institution is situated in a state which is also participating in the
interstate reciprocity agreement;
(2) the institution has been approved to participate in the interstate reciprocity agreement by the institution's home state and other entities with oversight of the interstate reciprocity agreement; and
(3) the institution has elected to
participate in and operate in compliance with the terms of the interstate
reciprocity agreement.
Sec. 12. MINNESOTA
STATE COLLEGES AND UNIVERSITIES BACCALAUREATE DEGREE COMPLETION PLAN.
The Board of Trustees of the Minnesota
State Colleges and Universities shall develop a plan to implement multi-campus
articulation agreements that lead to baccalaureate degree completion upon
earning the number of credits required for the degree minus 60 credits at a
system university after transfer to the system university by a student with an
associate in arts degree, associate of science degree, or an associate of fine
arts (AFA) degree from a system college.
The board shall assign the task of developing the plan to the
appropriate committee formed under the board's "Charting the Future"
initiative. The board shall report on
this plan to the legislative committees with primary jurisdiction over higher
education finance and policy by March 15, 2015.
Sec. 13. REPORT;
OFFICE OF HIGHER EDUCATION.
The Office of Higher Education shall, by
February 1, 2015, report to the committees of the legislature with primary
jurisdiction over higher education policy and finance, its plans and proposed
terms and conditions for operating a student loan refinancing program under
section 136A.1704, along with any recommended legislation.
Sec. 14. STUDY
ABROAD PROGRAM; ASSESSMENT OF APPROPRIATE REGULATION.
The Office of Higher Education shall,
using existing staff and budget, assess the appropriate state regulation of
postsecondary study abroad programs. The
assessment must be based on a balanced approach of protecting the health and
safety of program participants and maintaining the opportunity of students to
study abroad. The office shall report
the results of its assessment with any legislative recommendation by February
1, 2015, to the committees of the legislature with primary jurisdiction over
higher education.
Sec. 15. UNIVERSITY
OF MINNESOTA BASE ADJUSTMENT.
For fiscal years 2016 to 2041, $3,500,000
is added to the base operations and maintenance appropriation to the Board of
Regents of the University of Minnesota in Laws 2013, chapter 99, article 1,
section 5.
Sec. 16. JAMES
FORD BELL NATURAL HISTORY MUSEUM AND PLANETARIUM.
The Board of Regents of the University
of Minnesota is requested to complete the design of and to construct, furnish,
and equip a new James Ford Bell Natural History Museum and Planetarium on the St. Paul
campus.
ARTICLE 2
APPROPRIATIONS FOR DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT, DEPARTMENT OF LABOR AND INDUSTRY,
DEPARTMENT OF COMMERCE, AND HOUSING FINANCE
Section 1. APPROPRIATIONS. |
The sums shown in the columns under "Appropriations"
are added to or, if shown in parentheses, subtracted from the appropriations in
Laws 2013, chapter 85, article 1, or other law to the specified agencies. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each
purpose. The figures "2014"
and "2015" used in this article mean that the appropriations listed
under them are available for the fiscal year ending June 30, 2014, or June 30,
2015, respectively. Appropriations for
the fiscal year ending June 30, 2014, are effective the day following final
enactment. Reductions may be taken in
either fiscal year.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
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Sec. 2. DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT |
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Subdivision 1. Total
Appropriation |
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$0 |
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$29,475,000 |
Appropriations
by Fund |
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General |
-0-
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28,175,000
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Workforce Development |
-0-
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1,300,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Business
and Community Development |
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0
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27,225,000
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(a)(1) $20,000,000 in fiscal year 2015 is
from the general fund for deposit in the border-to-border broadband fund
account created under Minnesota Statutes, section 116J.396, and may be used for
the purposes provided in Minnesota Statutes, section 116J.395, and as provided
for under clause (2). This is a onetime
appropriation and is available until June 30, 2017.
(2) Of the appropriation under clause (1),
up to three percent is for: (i) costs
incurred by the commissioner to administer Minnesota Statutes, section
116J.395; and (ii) one or more contracts with an independent organization that
has extensive experience working with Minnesota broadband providers to continue
to:
(A) collect broadband deployment data from
Minnesota providers, verify its accuracy through on-the-ground testing, and
create state and county maps available to the public showing the availability
of broadband service at various upload and download speeds throughout
Minnesota, in order to measure progress in achieving the state's broadband
goals established in Minnesota Statutes, section 237.012;
(B) analyze the deployment data collected
to help inform future investments in broadband infrastructure; and
(C) conduct business and residential
surveys that measure broadband adoption and use in the state.
Data
provided by a broadband provider to the contractor under this paragraph is
nonpublic data under Minnesota Statutes, section 13.02, subdivision 9. Maps produced under this paragraph are public
data under Minnesota Statutes, section 13.03.
(b) $475,000 in fiscal year 2015 is from
the general fund for a grant to the Southwest Initiative Foundation for
business revolving loans or other lending programs at below market interest
rates. This is a onetime appropriation.
(c) $475,000 in fiscal year 2015 is from
the general fund for a grant to the West Central Initiative Foundation for
business revolving loans or other lending programs at below market interest
rates. This is a onetime appropriation.
(d) $475,000 in fiscal year 2015 is from
the general fund for a grant to the Southern Minnesota Initiative Foundation
for business revolving loans or other lending programs at below market interest
rates. This is a onetime appropriation.
(e) $475,000 in fiscal year 2015 is from
the general fund for a grant to the Northwest Minnesota Foundation for business
revolving loans or other lending programs at below market interest rates. This is a onetime appropriation.
(f) $475,000 in fiscal year 2015 is from
the general fund for a grant to the Initiative Foundation for business
revolving loans or other lending programs at below market interest rates. This is a onetime appropriation.
(g) $475,000 in fiscal year 2015 is from
the general fund for a grant to the Northland Foundation for business revolving
loans or other lending programs at below market interest rates. This is a onetime appropriation.
(h) $650,000 in fiscal year 2015 is from
the general fund for a grant to the Urban Initiative Board under Minnesota
Statutes, chapter 116M, for loans at below market interest rates, business
technical assistance, or organizational capacity building. Funds available under this paragraph must be
allocated as follows: (1) 50 percent of
the funds must be allocated for projects in the counties of Dakota, Ramsey, and
Washington; and (2) 50 percent of the funds must be allocated for projects in
the counties of Anoka, Carver, Hennepin, and Scott. This is a onetime appropriation.
(i) $500,000 in fiscal year 2015 is from
the general fund for grants to small business development centers under
Minnesota Statutes, section 116J.68. Funds
made available under this paragraph may be used to match funds under the
federal Small Business Development Center (SBDC) program under United States
Code, title 15, section 648, to provide consulting and technical services,
or
to build additional SBDC network capacity to serve entrepreneurs and small
businesses. The commissioner shall
allocate funds equally among the nine regional centers and lead center. This is a onetime appropriation.
(j) $400,000 in fiscal year 2015 is from
the general fund for the innovation voucher pilot program. This is a onetime appropriation and is
available until June 30, 2017. Of this
amount, up to five percent may be used for administration. Vouchers require a 50 percent match by
recipients.
(k) $475,000 in fiscal year 2015 is from
the general fund for the Minnesota Jobs Skills Partnership program under
Minnesota Statutes, section 116L.02. This
is a onetime appropriation.
(l) $2,200,000 in fiscal year 2015 is from
the general fund for the greater Minnesota business development public
infrastructure grant program under Minnesota Statutes, section 116J.431, for
grants to design, construct, prepare, and improve infrastructure for economic
development. This is a onetime
appropriation and is available until June 30, 2017.
(m) $150,000 in fiscal year 2015 is from
the general fund for a grant to the city of Proctor to design and construct a
sand and salt storage facility to prevent runoff into surface water. This appropriation is not available until the
commissioner determines that at least an equal amount is committed to the
project from nonstate sources. This is a
onetime appropriation.
Subd. 3. Workforce
Development |
|
0
|
|
1,050,000
|
(a) $300,000 in fiscal year 2015 is from
the workforce development fund for workforce program outcome activities under
Minnesota Statutes, section 116L.98. This
is a onetime appropriation.
(b) $250,000 in fiscal year 2015 is from
the workforce development fund for a grant to the Northwest Indian
Opportunities Industrialization Center and may be used for a green jobs
deconstruction pilot program in collaboration with a research institute and a
nonprofit organization with experience developing deconstruction jobs, new
products from reclaimed materials, and reuse of materials. This is a onetime appropriation.
(c) $250,000 in fiscal year 2015 is from the
workforce development fund for a grant to the Northeast Minnesota Office of Job
Training. This is a onetime
appropriation.
(d) $250,000 in fiscal year 2015 is from
the workforce development fund for a grant to Twin Cities RISE! to provide job training. This is a onetime appropriation.
Subd. 4. General
Support Services |
|
0
|
|
500,000
|
$500,000 in fiscal year 2015 is from the
general fund for establishing and operating the interagency Olmstead
Implementation Office. The base
appropriation for the office is $875,000 each year for fiscal years 2016 and
2017. The state recognizes its
obligations under Jensen, et al. v. Minnesota Department of Human Services, et
al. During the 2015 legislative session,
the legislature intends to review the funding levels provided for the Olmstead
Implementation Office to ensure that amounts sufficient to comply with the
obligations imposed by the court's order are appropriated in fiscal years 2016
and 2017.
Subd. 5. Vocational
Rehabilitation |
|
-0-
|
|
700,000
|
Appropriations
by Fund |
||
|
||
General |
-0-
|
450,000
|
Workforce Development |
-0-
|
250,000
|
(a) $250,000 in fiscal year 2015 is from
the workforce development fund for rate increases to providers of extended
employment services for persons with severe disabilities under Minnesota
Statutes, section 268A.15. This is a
onetime appropriation.
(b) $450,000 in fiscal year 2015 is from
the general fund for grants to the eight Minnesota Centers for Independent
Living. This is a onetime appropriation.
Subd. 6. Transfer
|
|
|
|
|
The commissioner shall transfer $7,100,000
from the Minnesota minerals 21st century fund to the commissioner of the Iron
Range Resources and Rehabilitation Board for a grant or forgivable loan to the
city of Hoyt Lakes for building and municipal infrastructure in support of a
biochemical manufacturing project to be located in the city. This transfer is available until June 30,
2018.
Sec. 3. DEPARTMENT OF LABOR AND INDUSTRY |
|
|
$250,000 |
For the purpose of establishing competency
standards for programs in advanced manufacturing, health care services,
information technology, and agriculture.
This is a onetime appropriation.
Sec. 4. DEPARTMENT
OF COMMERCE |
|
$(350,000) |
|
$-0- |
$350,000 in fiscal year 2014 is a onetime
reduction to the appropriation for the gold bullion dealer registration
program.
Sec. 5. HOUSING
FINANCE AGENCY |
|
$-0- |
|
$2,200,000 |
$2,200,000 in fiscal year 2015 is from the
general fund for up to two grants for housing projects, not to exceed
$1,100,000 per grant or 50 percent of the total development costs of the
housing project, whichever is less, in communities that have:
(1) low housing vacancy rates; and
(2) education and training centers for
jobs in the natural resources or aviation maintenance fields, or other fields
with anticipated significant job growth potential.
Funds must be used for grants for housing
projects with financial and in-kind contributions from nonagency resources
that, when combined with a grant under this section, are sufficient to complete
the housing project. This is a onetime
appropriation. If funds remain
uncommitted by the end of calendar year 2015, the agency may transfer the
uncommitted funds to the economic development and housing challenge program
under Minnesota Statutes, section 462A.33.
Sec. 6. Laws 2013, chapter 85, article 1, section 3, subdivision 2, is amended to read:
Subd. 2. Business
and Community Development |
|
53,642,000 |
|
45,407,000 |
Appropriations by Fund |
||
|
||
General |
52,942,000 |
44,707,000 |
Remediation |
700,000 |
700,000 |
(a)(1) $15,000,000 each year is for the Minnesota investment fund under Minnesota Statutes, section 116J.8731. Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses and technology upgrades. This appropriation is available until spent.
(2) Of the amount available under clause (1), up to $3,000,000 in fiscal year 2014 is for a loan to facilitate initial investment in the purchase and operation of a biopharmaceutical manufacturing facility. This loan is not subject to the loan limitations under Minnesota Statutes, section 116J.8731, and shall be forgiven by the commissioner of employment and economic development upon verification of meeting performance goals. Purchases related to and for the purposes of this loan award must be made between January 1, 2013, and June 30, 2015. The amount under this clause is available until expended.
(3) Of the amount available under clause (1), up to $2,000,000 is available for subsequent investment in the biopharmaceutical facility project in clause (2). The amount under this clause is
available until expended. Loan thresholds under clause (2) must be achieved and maintained to receive funding. Loans are not subject to the loan limitations under Minnesota Statutes, section 116J.8731, and shall be forgiven by the commissioner of employment and economic development upon verification of meeting performance goals. Purchases related to and for the purposes of loan awards must be made during the biennium the loan was received.
(4) Notwithstanding any law to the contrary, the biopharmaceutical manufacturing facility in this paragraph shall be deemed eligible for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748, by having at least $25,000,000 in capital investment and 190 retained employees.
(5) For purposes of clauses (1) to (4), "biopharmaceutical" and "biologics" are interchangeable and mean medical drugs or medicinal preparations produced using technology that uses biological systems, living organisms, or derivatives of living organisms, to make or modify products or processes for specific use. The medical drugs or medicinal preparations include but are not limited to proteins, antibodies, nucleic acids, and vaccines.
(b) $12,000,000 each year is for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748. Of this amount, the commissioner of employment and economic development may use up to three percent for administrative expenses. This appropriation is available until spent. The base funding for this program shall be $12,500,000 each year in the fiscal year 2016-2017 biennium.
(c) $1,272,000 each year is from the general fund for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until expended.
(d) $700,000 each year is from the remediation fund for contaminated site cleanup and development grants under Minnesota Statutes, sections 116J.551 to 116J.558. This appropriation is available until expended.
(e) $1,425,000 the first year and $1,425,000 the second year are from the general fund for the business development competitive grant program. Of this amount, up to five percent is for administration and monitoring of the business development competitive grant program. All grant awards shall be for two consecutive years. Grants shall be awarded in the first year.
(f) $4,195,000 each year is from the general fund for the Minnesota job skills partnership program under Minnesota Statutes, sections 116L.01 to 116L.17. If the appropriation for either year is insufficient, the appropriation for the other year is available. This appropriation is available until spent.
(g) $6,000,000 the first year is from the general fund for the redevelopment program under Minnesota Statutes, section 116J.571. This is a onetime appropriation and is available until spent.
(h) $12,000 each year is from the general fund for a grant to the Upper Minnesota Film Office.
(i) $325,000 each year is from the general fund for the Minnesota Film and TV Board. The appropriation in each year is available only upon receipt by the board of $1 in matching contributions of money or in-kind contributions from nonstate sources for every $3 provided by this appropriation, except that each year up to $50,000 is available on July 1 even if the required matching contribution has not been received by that date.
(j) $100,000 each year is for a grant to the Northern Lights International Music Festival.
(k) $5,000,000 each year is from the general fund for a grant to the Minnesota Film and TV Board for the film production jobs program under Minnesota Statutes, section 116U.26. This appropriation is available until expended. The base funding for this program shall be $1,500,000 each year in the fiscal year 2016-2017 biennium.
(l) $375,000 each year is from the general fund for a grant to Enterprise Minnesota, Inc., for the small business growth acceleration program under Minnesota Statutes, section 116O.115. This is a onetime appropriation.
(m) $160,000 each year is from the general fund for a grant to develop and implement a southern and southwestern Minnesota initiative foundation collaborative pilot project. Funds available under this paragraph must be used to support and develop entrepreneurs in diverse populations in southern and southwestern Minnesota. This is a onetime appropriation and is available until expended.
(n) $100,000 each year is from the general fund for the Center for Rural Policy and Development. This is a onetime appropriation.
(o) $250,000 each year is from the general fund for the Broadband Development Office.
(p) $250,000 the first year is from the general fund for a onetime grant to the St. Paul Planning and Economic Development Department for neighborhood stabilization use in NSP3.
(q) $1,235,000 the first year is from the general fund for a onetime grant to a city of the second class that is designated as an economically depressed area by the United States Department of
Commerce. The appropriation is for economic development, redevelopment, and job creation programs and projects. This appropriation is available until expended.
(r) $875,000 each year is from the general fund for the Host Community Economic Development Program established in Minnesota Statutes, section 116J.548.
(s) $750,000 the first year is from the
general fund for a onetime grant to the city of Morris for loans or grants to
agricultural processing facilities for energy efficiency improvements. Funds available under this section shall be
used to increase conservation and promote energy efficiency through
retrofitting existing systems and installing new systems to recover waste heat
from industrial processes and reuse energy.
This appropriation is not available until the commissioner determines
that at least $1,250,000 a match of $750,000 is committed to the
project from nonpublic sources. This
appropriation is available until expended.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 7. Laws 2013, chapter 85, article 1, section 3, subdivision 5, is amended to read:
Subd. 5. Minnesota
Trade Office |
|
2,322,000 |
|
2,292,000 |
(a) $330,000 in fiscal year 2014 and $300,000 in fiscal year 2015 are for the STEP grants in Minnesota Statutes, section 116J.979. Of the fiscal year 2014 appropriation, $30,000 is available for expenditure until June 30, 2015, for establishing trade, export, and cultural exchange relations between the state of Minnesota and east African nations.
(b) $180,000 in fiscal year 2014 and $180,000 in fiscal year 2015 are for the Invest Minnesota marketing initiative in Minnesota Statutes, section 116J.9781. Notwithstanding any other law, this provision does not expire.
(c) $270,000 each year is from the general fund for the expansion of Minnesota Trade Offices under Minnesota Statutes, section 116J.978.
(d) $50,000 each year is from the general fund for the trade policy advisory group under Minnesota Statutes, section 116J.9661.
(e) The commissioner of employment and economic development, in consultation with the commissioner of agriculture, shall identify and increase export opportunities for Minnesota agricultural products.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Laws 2013, chapter 85, article 1, section 3, subdivision 6, is amended to read:
Subd. 6. Vocational
Rehabilitation |
|
27,691,000 |
|
27,691,000 |
Appropriations by Fund |
||
|
||
General |
20,861,000 |
20,861,000 |
Workforce Development |
6,830,000 |
6,830,000 |
(a) $10,800,000 each year is from the general fund for the state's vocational rehabilitation program under Minnesota Statutes, chapter 268A.
(b) $2,261,000 each year is from the general fund for grants to centers for independent living under Minnesota Statutes, section 268A.11.
(c) $5,745,000 each year from the general
fund and $6,830,000 each year from the workforce development fund is for
extended employment services for persons with severe disabilities under
Minnesota Statutes, section 268A.15. The
allocation of extended employment funds to Courage Center from July 1, 2012 to
June 30, 2013 must be contracted to Allina Health systems from July 1, 2013 to
June 30, 2014 2015 to provide extended employment services in
accordance with Minnesota Rules, parts 3300.2005 to 3300.2055.
(d) $2,055,000 each year is from the general fund for grants to programs that provide employment support services to persons with mental illness under Minnesota Statutes, sections 268A.13 and 268A.14. The base appropriation for this program is $1,555,000 each year in the fiscal year 2016-2017 biennium.
Sec. 9. Laws 2013, chapter 85, article 1, section 4, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation |
|
$58,748,000 |
|
$42,748,000 |
The amounts that may be spent for each purpose are specified in the following subdivisions.
Unless otherwise specified, this appropriation is for transfer to the housing development fund for the programs specified in this section. Except as otherwise indicated, this transfer is part of the agency's permanent budget base.
The Housing Finance Agency must make
continuous improvements to its ongoing efforts to reduce the racial and ethnic
inequalities in homeownership rates and must seek opportunities to deploy
increasing levels of resources toward these efforts.
Sec. 10. Laws 2013, chapter 85, article 1, section 4, subdivision 2, is amended to read:
Subd. 2. Challenge
Program |
|
19,203,000 |
|
9,203,000 |
(a) This appropriation is for the economic development and housing challenge program under Minnesota Statutes, section 462A.33. The agency must continue to strengthen its efforts to address the disparity rate between white households and indigenous American Indians and communities of color. Of this amount, $1,208,000 each year shall be made available during the first 11 months of the fiscal year exclusively for housing projects for American Indians. Any funds not committed to housing projects for American Indians in the first 11 months of the fiscal year shall be available for any eligible activity under Minnesota Statues, section 462A.33.
(b) Of this amount, $10,000,000 is a onetime appropriation and is targeted for housing in communities and regions that have:
(1)(i) low housing vacancy rates; and
(ii) cooperatively developed a plan that identifies current and future housing needs; and
(2)(i) experienced job growth since 2005 and have at least 2,000 jobs within the commuter shed;
(ii) evidence of anticipated job expansion; or
(iii) a significant portion of area employees who commute more than 30 miles between their residence and their employment.
(c) Priority shall be given to programs and projects that are land trust programs and programs that work in coordination with a land trust program.
(d) Of this amount, $500,000 is for
homeownership opportunities for families who have been evicted or been given
notice of an eviction due to a disabled child in the home, including
adjustments for the incremental increase in costs of addressing the unique
housing needs of those households. Any
funds not expended for this purpose may be returned to the challenge fund after
October 31, 2014.
(d) (e) The base funding for
this program in the 2016-2017 biennium is $12,925,000 each year.
Sec. 11. Laws 2013, chapter 85, article 1, section 5, is amended to read:
Sec. 5. EXPLORE
MINNESOTA TOURISM |
|
$13,988,000 |
|
$13,988,000 |
(a) To develop maximum private sector involvement in tourism, $500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 must be matched by Explore Minnesota Tourism from nonstate sources.
Each $1 of state incentive must be matched with $6 of private sector funding. Cash match is defined as revenue to the state or documented cash expenditures directly expended to support Explore Minnesota Tourism programs. Up to one-half of the private sector contribution may be in-kind or soft match. The incentive in fiscal year 2014 shall be based on fiscal year 2013 private sector contributions. The incentive in fiscal year 2015 shall be based on fiscal year 2014 private sector contributions. This incentive is ongoing.
Funding for the marketing grants is available either year of the biennium. Unexpended grant funds from the first year are available in the second year.
(b) $100,000 of the second year
appropriation is for a grant to the Mille Lacs Tourism Council to enhance
marketing activities related to tourism promotion in the Mille Lacs Lake area.
(c) $100,000 of the second year
appropriation is for additional marketing activities.
Sec. 12. Laws 2013, chapter 85, article 1, section 13, subdivision 5, is amended to read:
Subd. 5. Telecommunications
|
|
1,949,000 |
|
2,249,000 |
Appropriations by Fund |
||
|
||
General |
1,009,000 |
1,009,000 |
Special Revenue |
940,000 |
1,240,000 |
$940,000 in fiscal year 2014 and $1,240,000 in fiscal year 2015 are appropriated to the commissioner from the telecommunication access fund for the following transfers. This appropriation is added to the department's base.
(1) $500,000 in fiscal year 2014 and $800,000 in fiscal year 2015 to the commissioner of human services to supplement the ongoing operational expenses of the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans;
(2) $290,000 in fiscal year 2014 and $290,000 in fiscal year 2015 to the chief information officer for the purpose of coordinating technology accessibility and usability; and
(3) $150,000 in fiscal year 2014 and $150,000 in fiscal year 2015 to the Legislative Coordinating Commission for captioning of legislative coverage and for a consolidated access fund for other state agencies. These transfers are subject to Minnesota Statutes, section 16A.281.
Sec. 13. EXTENDED
EMPLOYMENT CARRYFORWARD.
Notwithstanding Minnesota Statutes,
section 268A.15, subdivision 8, appropriations from the general fund and
workforce development fund in fiscal years 2014 and 2015 to the commissioner of
employment and economic development for the
purposes of Minnesota Statutes, sections 268A.13 and 268A.14, are available
until June 30, 2015.
Sec. 14. ASSIGNED
RISK TRANSFER.
(a) By June 30, 2015, if the
commissioner of commerce determines on the basis of an audit that there is an
excess surplus in the assigned risk plan created under Minnesota Statutes,
section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $10,500,000, to the general fund. This transfer occurs prior to any transfer
under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause
(1). This is a onetime transfer.
(b) By June 30, 2015, and each year
thereafter, if the commissioner of commerce determines on the basis of an audit
that there is an excess surplus in the assigned risk plan created under
Minnesota Statutes, section 79.252, the commissioner of management and budget
shall transfer the amount of the excess surplus, not to exceed $4,820,000 each
year, to the Minnesota minerals 21st century fund under Minnesota Statutes,
section 116J.423. This transfer occurs
prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after the transfer authorized in paragraph (a). The total amount authorized for all transfers
under this paragraph must not exceed $24,100,000. This paragraph expires the day following the
transfer in which the total amount transferred under this paragraph to the
Minnesota minerals 21st century fund equals $24,100,000.
(c) By June 30, 2015, if the
commissioner of commerce determines on the basis of an audit that there is an
excess surplus in the assigned risk plan created under Minnesota Statutes,
section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer occurs prior to any transfer
under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause
(1), but after any transfers authorized in paragraphs (a) and (b). If a transfer occurs under this paragraph,
the amount transferred is appropriated from the general fund in fiscal year
2015 to the commissioner of labor and industry for the purposes of section 15. Both the transfer and appropriation under
this paragraph are onetime.
(d) By June 30, 2016, if the
commissioner of commerce determines on the basis of an audit that there is an
excess surplus in the assigned risk plan created under Minnesota Statutes,
section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer occurs prior to any transfer
under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause
(1), but after the transfers authorized in paragraphs (a) and (b). If a transfer occurs under this paragraph,
the amount transferred is appropriated from the general fund in fiscal year
2016 to the commissioner of labor and industry for the purposes of section 15. Both the transfer and appropriation under
this paragraph are onetime.
(e) Notwithstanding Minnesota Statutes,
section 16A.28, the commissioner of management and budget shall transfer to the
assigned risk plan under Minnesota Statutes, section 79.252, any unencumbered
or unexpended balance of the appropriations under paragraphs (c) and (d)
remaining on June 30, 2017, or the date the commissioner of commerce determines
that an excess surplus in the assigned risk plan does not exist, whichever
occurs earlier.
Sec. 15. WORKERS'
COMPENSATION SYSTEM REFORM; USE OF FUNDS.
(a) The appropriations under section 14
to the commissioner of labor and industry are for reform of the workers'
compensation system. Funds appropriated
under section 14, paragraphs (c) and (d), may be expended by the commissioner
only after the advisory council on workers' compensation created under
Minnesota Statutes, section 175.007, has approved a new system including, but
not limited to: a Medicare-based
diagnosis-related group (MS‑DRG) or similar system for payment of
workers' compensation inpatient hospital services. Of the amount appropriated under section 14,
paragraphs (c) and (d), up to $100,000 may be used by the commissioner to
develop and implement the new system approved by the advisory council on
workers' compensation.
(b) Funds available for expenditure under paragraph (a) may be used by the commissioner for reimbursement of expenditures that are reasonable and necessary to defray the costs of the implementation by hospitals, insurers, and self-insured employers of the new system including, but not limited to: a Medicare-based diagnosis-related group (MS-DRG) or similar system for payment of workers' compensation inpatient hospital services, litigation expense reform, worker safety training, administrative costs, or other related system reform.
(c) For the purposes of this section,
reasonable and necessary system reform and implementation costs include, but
are not limited to:
(1) the cost of analyzing data to
determine the anticipated costs and savings of implementing the new system;
(2) the cost of analyzing system or
organizational changes necessary for implementation;
(3) the cost of determining how an
organization would implement group or other software;
(4) the cost of upgrading existing
software or purchasing new software and other technology upgrades needed for
implementation;
(5) the cost of educating and training staff about the new system as applied to workers' compensation; and
(6) the cost of integrating the new
system with electronic billing and remittance systems.
Sec. 16. AFFORDABLE
HOUSING PLAN; DISPARITIES REPORT.
(a) The Housing Finance Agency shall
provide the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over the agency with the draft and
final versions of its affordable housing plan before and after it has been
submitted to the agency board for consideration.
(b) The Housing Finance Agency shall
annually report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over the agency on the
progress, if any, the agency has made in closing the racial disparity gap and
low-income concentrated housing disparities.
ARTICLE 3
JOBS, ECONOMIC DEVELOPMENT, ENERGY, AND LABOR
Section 1. Minnesota Statutes 2012, section 13.681, is amended by adding a subdivision to read:
Subd. 9. Community
energy efficiency and renewable energy loan. Energy usage data provided by an
industrial, commercial, or health care facility customer for community energy
efficiency and renewable energy loans are governed by section 216C.145,
subdivision 3.
Sec. 2. [116J.394]
DEFINITIONS.
(a) For the purposes of sections
116J.394 to 116J.396, the following terms have the meanings given them.
(b) "Broadband" or
"broadband service" has the meaning given in section 116J.39,
subdivision 1, paragraph (b).
(c) "Broadband
infrastructure" means networks of deployed telecommunications equipment
and technologies necessary to provide high-speed Internet access and other
advanced telecommunications services for end users.
(d) "Commissioner" means the
commissioner of employment and economic development.
(e)
"Last-mile infrastructure" means broadband infrastructure that serves
as the final leg connecting the broadband service provider's network to the
end-use customer's on-premises telecommunications equipment.
(f) "Middle-mile
infrastructure" means broadband infrastructure that links a broadband
service provider's core network infrastructure to last-mile infrastructure.
(g) "Political subdivision"
means any county, city, town, school district, special district or other
political subdivision, or public corporation.
(h) "Underserved areas" means
areas of Minnesota in which households or businesses lack access to wire-line
broadband service at speeds that meet the state broadband goals of ten to 20
megabits per second download and five to ten megabits per second upload.
(i) "Unserved areas" means areas
of Minnesota in which households or businesses lack access to wire-line
broadband service at speeds that meet a Federal Communications Commission
threshold of four megabits per second download and one megabit per second
upload.
Sec. 3. [116J.395]
BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM.
Subdivision 1. Establishment. A grant program is established under
the Department of Employment and Economic Development to award grants to
eligible applicants in order to promote the expansion of access to broadband
service in unserved or underserved areas of the state.
Subd. 2. Eligible
expenditures. Grants may be
awarded under this section to fund the acquisition and installation of
middle-mile and last-mile infrastructure that support broadband service
scalable to speeds of at least 100 megabits per second download and 100
megabits per second upload.
Subd. 3. Eligible
applicants. Eligible
applicants for grants awarded under this section include:
(1) an incorporated business or a
partnership;
(2) a political subdivision;
(3) an Indian tribe;
(4) a Minnesota nonprofit organization
organized under chapter 317A;
(5) a Minnesota cooperative association
organized under chapter 308A or 308B; and
(6) a Minnesota limited liability
corporation organized under chapter 322B for the purpose of expanding broadband
access.
Subd. 4. Application
process. An eligible
applicant must submit an application to the commissioner on a form prescribed
by the commissioner. The commissioner
shall develop administrative procedures governing the application and grant
award process. The commissioner shall
act as fiscal agent for the grant program and shall be responsible for
receiving and reviewing grant applications and awarding grants under this
section.
Subd. 5. Application
contents. An applicant for a
grant under this section shall provide the following information on the
application:
(1) the location of the project;
(2)
the kind and amount of broadband infrastructure to be purchased for the
project;
(3) evidence regarding the unserved or
underserved nature of the community in which the project is to be located;
(4) the number of households passed
that will have access to broadband service as a result of the project, or whose
broadband service will be upgraded as a result of the project;
(5) significant community institutions
that will benefit from the proposed project;
(6) evidence of community support for
the project;
(7) the total cost of the project;
(8) sources of funding or in-kind
contributions for the project that will supplement any grant award; and
(9) any additional information
requested by the commissioner.
Subd. 6. Awarding
grants. (a) In evaluating
applications and awarding grants, the commissioner shall give priority to
applications that are constructed in areas identified by the director of the
Office of Broadband Development as unserved.
(b) In evaluating applications and
awarding grants, the commissioner may give priority to applications that:
(1) are constructed in areas identified
by the director of the Office of Broadband Development as underserved;
(2) offer new or substantially upgraded
broadband service to important community institutions including, but not
limited to, libraries, educational institutions, public safety facilities, and
healthcare facilities;
(3) facilitate the use of telemedicine
and electronic health records;
(4) serve economically distressed areas
of the state, as measured by indices of unemployment, poverty, or population
loss that are significantly greater than the statewide average;
(5) provide technical support and train
residents, businesses, and institutions in the community served by the project
to utilize broadband service;
(6) include a component to actively
promote the adoption of the newly available broadband services in the
community;
(7) provide evidence of strong support
for the project from citizens, government, businesses, and institutions in the
community;
(8) provide access to broadband service
to a greater number of unserved or underserved households and businesses; or
(9) leverage greater amounts of funding
for the project from other private and public sources.
(c) The commissioner shall endeavor to
award grants under this section to qualified applicants in all regions of the
state.
Subd. 7. Limitation. (a) No grant awarded under this
section may fund more than 50 percent of the total cost of a project.
(b) Grants awarded to a single project
under this section must not exceed $5,000,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [116J.396]
BORDER-TO-BORDER BROADBAND FUND.
Subdivision 1. Account
established. The
border-to-border broadband fund account is established as a separate account in
the special revenue fund in the state treasury.
The commissioner shall credit to the account appropriations and
transfers to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the
account, must be credited to the account.
Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund, but remain in the account until expended. The commissioner shall manage the account.
Subd. 2. Expenditures. Money in the account may be used only:
(1) for grant awards made under section
116J.395, including costs incurred by the Department of Employment and Economic
Development to administer that section;
(2) to supplement revenues raised by
bonds sold by local units of government for broadband infrastructure
development; or
(3) to contract for the collection of
broadband deployment data from providers and the creation of maps showing the
availability of broadband service.
Subd. 3. Appropriation. Money in the account is appropriated
to the commissioner for the purposes of subdivision 2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2012, section 116J.423, subdivision 2, is amended to read:
Subd. 2. Use of
fund. The commissioner shall use
money in the fund to make loans or equity investments in mineral or taconite
processing facilities including, but not limited to, taconite processing,
direct reduction processing, and, steel production facilities,
facilities for the manufacturing of renewable energy products, or facilities
for the manufacturing of biobased or biomass products, and that are located
within the taconite relief tax area as defined under section 273.134. The commissioner must, prior to making any
loans or equity investments and after consultation with industry and public
officials, develop a strategy for making loans and equity investments that
assists the Minnesota mineral industry in becoming globally competitive. Money in the fund may also be used to pay for
the costs of carrying out the commissioner's due diligence duties under this
section.
Sec. 6. Minnesota Statutes 2012, section 116J.8731, subdivision 5, is amended to read:
Subd. 5. Grant
limits. A Minnesota investment fund
grant may not be approved for an amount in excess of $1,000,000. This limit covers all money paid to complete
the same project, whether paid to one or more grant recipients and whether paid
in one or more fiscal years. A local
community or recognized Indian tribal government may retain 20 40
percent, but not more than $100,000, of a Minnesota investment fund
grant when it is repaid to the local community or recognized Indian tribal
government by the person or entity to which it was loaned by the local
community or Indian tribal government. Money
repaid to the state must be credited to a Minnesota investment
revolving loan account in the state treasury. Funds in the account are appropriated to the commissioner and must be used in the same manner as are funds appropriated to the Minnesota investment fund. Funds repaid to the state through existing Minnesota investment fund agreements must be credited to the Minnesota investment revolving loan account effective July 1, 2005. A grant or loan may not be made to a person or entity for the operation or expansion of a casino or a store which is used solely or principally for retail sales. Persons or entities receiving grants or loans must pay each employee total compensation, including benefits not mandated by law, that on an annualized basis is equal to at least 110 percent of the federal poverty level for a family of four.
Sec. 7. Minnesota Statutes 2012, section 116L.98, is amended to read:
116L.98
WORKFORCE PROGRAM OUTCOMES.
Subdivision 1. Requirements. The commissioner shall develop and
implement a set of standard approaches for assessing the outcomes of
workforce programs under this chapter. The
outcomes assessed must include, but are not limited to, periodic comparisons of
workforce program participants and nonparticipants uniform outcome
measurement and reporting system for adult workforce-related programs funded in
whole or in part by the workforce development fund.
The commissioner shall also monitor the
activities and outcomes of programs and services funded by legislative
appropriations and administered by the department on a pass-through basis and
develop a consistent and equitable method of assessing recipients for the costs
of its monitoring activities.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Credential" means
postsecondary degrees, diplomas, licenses, and certificates awarded in
recognition of an individual's attainment of measurable technical or occupational
skills necessary to obtain employment or advance with an occupation. This definition does not include certificates
awarded by workforce investment boards or work-readiness certificates.
(c) "Exit" means to have not
received service under a workforce program for 90 consecutive calendar days. The exit date is the last date of service.
(d) "Net impact" means the
use of matched control groups and regression analysis to estimate the impacts
attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.
(e) "Pre-enrollment" means
the period of time before an individual was enrolled in a workforce program.
Subd. 3. Uniform
outcome report card; reporting by commissioner. (a) By December 31 of each
even-numbered year, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and the
senate having jurisdiction over economic development and workforce policy and
finance the following information separately for each of the previous two
fiscal or calendar years, for each program subject to the requirements of
subdivision 1:
(1) the total number of participants
enrolled;
(2) the median pre-enrollment wages
based on participant wages for the second through the fifth calendar quarters
immediately preceding the quarter of enrollment excluding those with zero
income;
(3)
the total number of participants with zero income in the second through fifth
calendar quarters immediately preceding the quarter of enrollment;
(4) the total number of participants
enrolled in training;
(5) the total number of participants
enrolled in training by occupational group;
(6) the total number of participants
that exited the program and the average enrollment duration of participants
that have exited the program during the year;
(7) the total number of exited
participants who completed training;
(8) the total number of exited
participants who attained a credential;
(9) the total number of participants
employed during three consecutive quarters immediately following the quarter of
exit, by industry;
(10) the median wages of participants
employed during three consecutive quarters immediately following the quarter of
exit;
(11) the total number of participants
employed during eight consecutive quarters immediately following the quarter of
exit, by industry; and
(12) the median wages of participants
employed during eight consecutive quarters immediately following the quarter of
exit.
(b) The report to the legislature must
contain participant information by education level, race and ethnicity, gender,
and geography, and a comparison of exited participants who completed training
and those who did not.
(c) The requirements of this section
apply to programs administered directly by the commissioner or administered by
other organizations under a grant made by the department.
Subd. 4. Data
to commissioner; uniform report card.
(a) A recipient of a future or past grant or direct appropriation
made by or through the department must report data to the commissioner by
September 1 of each even-numbered year on each of the items in subdivision 3
for each program it administers except wages and number employed, which the
department shall provide. The data must
be in a format prescribed by the commissioner.
(b) Beginning July 1, 2014, the
commissioner shall provide notice to grant applicants and recipients regarding
the data collection and reporting requirements under this subdivision and must
provide technical assistance to applicants and recipients to assist in
complying with the requirements of this subdivision.
Subd. 5. Information. The information collected and reported
under subdivisions 3 and 4 shall be made available on the department's Web
site.
Subd. 6. Limitations
on future appropriations. (a)
A program that is a recipient of public funds and subject to the requirements
of this section as of May 1, 2014, is not eligible for additional state
appropriations for any fiscal year beginning after June 30, 2015, unless all of
the reporting requirements under subdivision 4 have been satisfied.
(b) A program with an initial request
for funds on or after the effective date of this section may be considered for
receipt of public funds for the first two fiscal years only if a plan that
demonstrates how the data collection and reporting requirements under
subdivision 4 will be met has been submitted and approved by the commissioner. Any subsequent request for funds after an
initial request is subject to the requirements of paragraph (a).
Subd. 7. Workforce
program net impact analysis. (a)
By January 15, 2015, the commissioner must report to the committees of the
house of representatives and the senate having jurisdiction over economic
development and workforce policy and finance on the results of the net impact
pilot project already underway as of the date of enactment of this section.
(b) The commissioner shall contract
with an independent entity to conduct an ongoing net impact analysis of the
programs included in the net impact pilot project under paragraph (a) and any
other programs deemed appropriate by the commissioner. The net impact methodology used by the
independent entity under this paragraph must be based on the methodology and
evaluation design used in the net impact pilot project under paragraph (a).
(c) By January 15, 2017, and every four
years thereafter, the commissioner must report to the committees of the house
of representatives and the senate having jurisdiction over economic development
and workforce policy and finance the following information for each program
subject to paragraph (b):
(1)
the net impact of workforce services on individual employment, earnings, and
public benefit usage outcomes; and
(2) a cost-benefit analysis for
understanding the monetary impacts of workforce services from the participant
and taxpayer points of view.
The report under this paragraph must be
made available to the public in an electronic format on the Department of
Employment and Economic Development's Web site.
(d) The department is authorized to
create and maintain data-sharing agreements with other departments, including
corrections, human services, and any other department that are necessary to
complete the analysis. The department
shall supply the information collected for use by the independent entity
conducting net impact analysis pursuant to the data practices requirements
under chapters 13, 13A, 13B, and 13C.
Sec. 8. Minnesota Statutes 2012, section 179.02, is amended by adding a subdivision to read:
Subd. 6. Receipt
of gifts, money; appropriation. (a)
The commissioner may apply for, accept, and disburse gifts, bequests, grants,
or payments for services from the United States, the state, private
foundations, or any other source.
(b) Money received by the commissioner
under this subdivision must be deposited in a separate account in the state
treasury and invested by the State Board of Investment. The amount deposited, including investment
earnings, is appropriated to the commissioner to carry out duties of the
commissioner.
(c) The commissioner must post and
maintain, on the Bureau of Mediation Services Web site, a list of the sources
of funds and amounts received under this subdivision.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 9. Minnesota Statutes 2012, section 181A.07, is amended by adding a subdivision to read:
Subd. 7. Approved
training programs. The
commissioner may grant exemptions from any provisions of sections 181A.01 to
181A.12 for minors participating in training programs approved by the
commissioner; or students in a valid apprenticeship program taught by or
required by a trade union, the commissioner of education, the commissioner of
employment and economic development, the Board of Trustees of the Minnesota
State Colleges and Universities, or the Board of Regents of the University of
Minnesota.
Sec. 10. Minnesota Statutes 2012, section 216B.241, subdivision 1d, is amended to read:
Subd. 1d. Technical
assistance. (a) The
commissioner shall evaluate energy conservation improvement programs on the
basis of cost-effectiveness and the reliability of the technologies employed. The commissioner shall, by order, establish,
maintain, and update energy-savings assumptions that must be used when filing
energy conservation improvement programs.
The commissioner shall establish an inventory of the most effective
energy conservation programs, techniques, and technologies, and encourage all
Minnesota utilities to implement them, where appropriate, in their service
territories. The commissioner shall
describe these programs in sufficient detail to provide a utility reasonable
guidance concerning implementation. The
commissioner shall prioritize the opportunities in order of potential energy
savings and in order of cost-effectiveness.
The commissioner may contract with a third party to carry out any of the
commissioner's duties under this subdivision, and to obtain technical
assistance to evaluate the effectiveness of any conservation improvement
program. The commissioner may assess up
to $800,000 annually until June 30, 2009, and $450,000 $850,000
annually thereafter for the purposes of this subdivision. The assessments must be deposited in the
state treasury and credited to the energy and conservation account created
under subdivision 2a. An assessment made
under this subdivision is not subject to the cap on assessments provided by
section 216B.62, or any other law.
(b) Of the assessment authorized under
paragraph (a), the commissioner may expend up to $400,000 annually for the
purpose of developing, operating, maintaining, and providing technical support
for a uniform electronic data reporting and tracking system available to all
utilities subject to this section, in order to enable accurate measurement of
the cost and energy savings of the energy conservation improvements required by
this section. This paragraph expires June 30, 2017, and may be used
for no more than three annual assessments occurring prior to that date.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to assessments made
after June 30, 2014.
Sec. 11. Minnesota Statutes 2012, section 216C.145, is amended to read:
216C.145
MICROENERGY COMMUNITY ENERGY EFFICIENCY AND RENEWABLE ENERGY LOAN
PROGRAM.
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Small-scale Community
energy efficiency and renewable energy projects" projects
include means solar thermal water heating, solar electric or
photovoltaic equipment, small wind energy conversion systems of less than 250
kW, anaerobic digester gas systems, microhydro systems up to 100 kW, and
heating and cooling applications using geothermal energy solar
thermal or ground source technology, and cost-effective energy efficiency
projects installed in industrial, commercial or public buildings, or health
care facilities.
(c) "Health care facilities"
means a hospital licensed under sections 144.50 to 144.56, or a nursing home
licensed under chapter 144A.
(d) "Industrial customer"
means a business that is classified under the North American Industrial
Classification System under codes 21, 31 to 33, 48, 49, or 562.
(e) "Small business" means a
business that employs 50 or fewer employees.
(c) (f) "Unit of local
government" means any home rule charter or statutory city, county,
commission, district, authority, or other political subdivision or
instrumentality of this state, including a sanitary district, park district,
the Metropolitan Council, a port authority, an economic development authority,
or a housing and redevelopment authority.
Subd. 2. Program
established. The commissioner of
commerce shall develop, implement, and administer a microenergy community
energy efficiency and renewable energy loan program under this section.
Subd. 3. Loan
purposes. (a) The commissioner may
issue low-interest, long-term loans to units of local government to:
(1) finance community-owned or
publicly owned small scale renewable energy systems or to cost-effective
energy efficiency improvements to public buildings; or
provide loans or other aids to small
businesses to install small-scale renewable energy systems
(2) provide loans or other aids to industrial or commercial businesses or health care facilities for cost-effective energy efficiency projects or to install renewable energy systems.
(b) The commissioner may participate in
loans made by the Housing Finance Agency to residential property owners,
private developers, nonprofit organizations, or units of local government under
sections 462A.05, subdivisions 14 and 18; and 462A.33 for the construction,
purchase, or rehabilitation of residential housing to facilitate the
installation of small-scale renewable energy systems in residential
housing and cost-effective energy conservation improvements identified in an
energy efficiency audit. The
commissioner shall assist the Housing Finance Agency in assessing the technical
qualifications of loan applicants.
(c) If an industrial, commercial, or
health care facility customer seeks a loan under paragraph (a), clause (2), the
commissioner may require an individual industrial, commercial, or health care
facility customer to provide its energy usage data for the limited purpose of
assessing the energy and cost savings of the project that is subject to the
loan. Industrial, commercial, or health
care facility customer's energy usage data may only be released upon the
express, written consent of the individual industrial, commercial, or health
care facility customer. The commissioner
shall not require an industrial, commercial, or health care facility customer
to provide energy usage data or aggregation of energy usage data that includes
an industrial, commercial, or health care facility customer for any other loan
under this section. Any individual
industrial, commercial, or health care facility customer's energy usage data provided under this section shall be
classified as nonpublic data as defined in section 13.02, subdivision 9.
Subd. 4. Technical
standards. The commissioner shall
determine technical standards for small-scale renewable energy systems community
energy efficiency and renewable energy projects to qualify for loans under
this section.
Subd. 5. Loan proposals. (a) At least once a year, the commissioner shall publish in the State Register a request for proposals from units of local government for a loan under this section. Within 45 days after the deadline for receipt of proposals, the commissioner shall select proposals based on the following criteria:
(1) the reliability and cost-effectiveness of the renewable or energy efficiency technology to be installed under the proposal;
(2) the extent to which the proposal effectively integrates with the conservation and energy efficiency programs or goals of the energy utilities serving the proposer;
(3) the total life cycle energy use and greenhouse gas emissions reductions per dollar of installed cost;
(4) the diversity of the renewable energy or energy efficiency technology installed under the proposal;
(5) the geographic distribution of projects throughout the state;
(6) the percentage of total project cost requested;
(7) the proposed security for payback of the loan; and
(8) other criteria the commissioner may determine to be necessary and appropriate.
Subd. 6. Loan
terms. A loan under this section
must be issued at the lowest interest rate required to recover principal and
interest plus the costs of issuing the loan, and must be for a minimum of 15
years, unless the commissioner determines that a shorter loan period of no less
than ten five years is necessary and feasible.
Subd. 7. Account. A microenergy community energy
efficiency and renewable energy loan account is established in the state
treasury. Money in the account consists
of the proceeds of revenue bonds issued under section 216C.146, interest and
other earnings on money in the account, money received in repayment of loans
from the account, legislative appropriations, and money from any other source
credited to the account.
Subd. 8. Appropriation. Money in the account is appropriated to
the commissioner of commerce to make microenergy community energy
efficiency and renewable energy loans under this section and to the
commissioner of management and budget to pay debt service and other costs under
section 216C.146. Payment of debt
service costs and funding reserves take priority over use of money in the
account for any other purpose.
Sec. 12. Minnesota Statutes 2012, section 216C.146, is amended to read:
216C.146
MICROENERGY COMMUNITY ENERGY EFFICIENCY AND RENEWABLE ENERGY LOAN
REVENUE BONDS.
Subdivision 1. Bonding authority; definition. (a) The commissioner of management and budget, if requested by the commissioner of commerce, shall sell and issue state revenue bonds for the following purposes:
(1) to make microenergy community
energy efficiency and renewable energy loans under section 216C.145;
(2) to pay the costs of issuance, debt
service, including capitalized interest, and bond insurance or other
credit enhancements, and to fund reserves, and make payments under
other agreements entered into under subdivision 2, but excludes refunding bonds
sold and issued under this subdivision; and
(3) to refund bonds issued under this section.
(b) The aggregate principal amount of bonds for the purposes of paragraph (a), clause (1), that may be outstanding at any time may not exceed $100,000,000, of which up to $20,000,000 shall be reserved for community energy efficiency and renewable energy projects taking place in small businesses and public buildings; the principal amount of bonds that may be issued for the purposes of paragraph (a), clauses (2) and (3), is not limited.
(c) For the purpose of this section, "commissioner" means the commissioner of management and budget.
(d) Revenue bonds may be issued from
time to time in one or more series on the terms and conditions the commissioner
determines to be in the best interests of the state at any price or percentages
of par value, but the term on any series of revenue bonds may not exceed 25
years. The revenue bonds of each issue
and series thereof shall be dated and bear interest, and may be includable in
or excludable from the gross income of the owners for federal income tax
purposes.
(e) Revenue bonds may be sold at either
public or private sale. Any bid received
may be rejected.
(f)
The revenue bonds are not subject to chapter 16C.
(g) Notwithstanding any other law,
revenue bonds issued under this section shall be fully negotiable.
(h) Revenue bond terms must be no longer
than the term of any corresponding loan made under section 216C.145.
Subd. 2.
Procedure. The commissioner may sell and issue the
bonds on the terms and conditions the commissioner determines to be in the best
interests of the state. The bonds may be
sold at public or private sale. The
commissioner may enter into any agreements or pledges the commissioner
determines necessary or useful to sell the bonds that are not inconsistent with
section 216C.145. Sections 16A.672 to
16A.675 apply to the bonds. The proceeds
of the bonds issued under this section must be credited to the microenergy
community energy efficiency and renewable energy loan account created
under section 216C.145.
Subd. 3. Revenue sources. The debt service on the bonds is payable only from the following sources:
(1) revenue credited to the microenergy
community energy efficiency and renewable energy loan account from the
sources identified in section 216C.145 or from any other source; and
(2) other
revenues pledged to the payment of the bonds, including reserves established
by a local government unit.
Subd. 4. Refunding bonds. The commissioner may issue bonds to refund outstanding bonds issued under subdivision 1, including the payment of any redemption premiums on the bonds and any interest accrued or to accrue to the first redemption date after delivery of the refunding bonds. The proceeds of the refunding bonds may, at the discretion of the commissioner, be applied to the purchases or payment at maturity of the bonds to be refunded, or the redemption of the outstanding bonds on the first redemption date after delivery of the refunding bonds and may, until so used, be placed in escrow to be applied to the purchase, retirement, or redemption. Refunding bonds issued under this subdivision must be issued and secured in the manner provided by the commissioner.
Subd. 5. Not a general or moral obligation. Bonds issued under this section are not public debt, and the full faith, credit, and taxing powers of the state are not pledged for their payment. The bonds may not be paid, directly in whole or in part from a tax of statewide application on any class of property, income, transaction, or privilege. Payment of the bonds is limited to the revenues explicitly authorized to be pledged under this section. The state neither makes nor has a moral obligation to pay the bonds if the pledged revenues and other legal security for them is insufficient.
Subd. 6. Trustee. The commissioner may contract with and appoint a trustee for bondholders. The trustee has the powers and authority vested in it by the commissioner under the bond and trust indentures.
Subd. 7. Pledges. A pledge made by the commissioner is valid and binding from the time the pledge is made. The money or property pledged and later received by the commissioner is immediately subject to the lien of the pledge without any physical delivery of the property or money or further act, and the lien of the pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commissioner, whether or not those parties have notice of the lien or pledge. Neither the order nor any other instrument by which a pledge is created need be recorded.
Subd. 8. Bonds; purchase and cancellation. The commissioner, subject to agreements with bondholders that may then exist, may, out of any money available for the purpose, purchase bonds of the commissioner at a price not exceeding (1) if the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date thereon, or (2) if the bonds are not redeemable, the redemption price applicable on the first date after the purchase upon which the bonds become subject to redemption plus accrued interest to that date.
Subd. 9. State pledge against impairment of contracts. The state pledges and agrees with the holders of any bonds that the state will not limit or alter the rights vested in the commissioner to fulfill the terms of any agreements made with the bondholders, or in any way impair the rights and remedies of the holders until the bonds, together with interest on them, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the bondholders, are fully met and discharged. The commissioner may include this pledge and agreement of the state in any agreement with the holders of bonds issued under this section.
Subd. 10. Revenue
bonds as legal investments. Any
of the following entities may legally invest any sinking funds, money, or other
funds belonging to them or under their control in any revenue bonds issued
under this section:
(1) the state, the investment board,
public officers, municipal corporations, political subdivisions, and public
bodies;
(2) banks and bankers, savings and loan
associations, credit unions, trust companies, savings banks and institutions,
investment companies, insurance companies, insurance associations, and other
persons carrying on a banking or insurance business; and
(3) personal representatives,
guardians, trustees, and other fiduciaries.
Subd. 11. Waiver
of immunity. The waiver of
immunity by the state provided for by section 3.751, subdivision 1, shall be applicable to the revenue bonds and any
ancillary contracts to which the commissioner is a party.
Sec. 13. Minnesota Statutes 2012, section 268A.01, subdivision 14, is amended to read:
Subd. 14. Affirmative business enterprise employment. "Affirmative business enterprise employment" means employment which provides paid work on the premises of an affirmative business enterprise as certified by the commissioner.
Affirmative business enterprise employment is considered community employment for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided that the wages for individuals reported must be at or above customary wages for the same employer. The employer must also provide one benefit package that is available to all employees at the specific site certified as an affirmative business enterprise.
Sec. 14. [268A.16]
EMPLOYMENT SERVICES FOR PERSONS WHO ARE DEAF, DEAFBLIND, OR HARD-OF-HEARING.
Subdivision 1. Deaf,
deafblind, and hard-of-hearing grants.
(a) The commissioner shall develop and implement a specialized
statewide grant program to provide long-term supported employment services for
persons who are deaf, deafblind, and hard-of-hearing. Programs and services eligible for grants
under this section must:
(1) assist persons who are deaf,
deafblind, and hard-of-hearing in retaining and advancing in employment;
(2) provide services with staff who
must possess fluency in all forms of manual communication, including American
Sign Language; knowledge of hearing loss and psychosocial implications; sensitivity
to cultural issues; familiarity with community services and communication
strategies for people who are hard-of-hearing and do not sign; and awareness of
adaptive technology options;
(3)
provide specialized employment support services for individuals who have a
combined hearing and vision loss that address the individual's unique ongoing
visual and auditory communication needs; and
(4) involve clients in the planning,
development, oversight, and delivery of long-term ongoing support services.
(b) Priority for funding shall be given
to organizations with experience in developing innovative employment support
services for persons who are deaf, deafblind, and hard-of-hearing. Each applicant for funds under this section
shall submit an evaluation protocol as part of the grant application.
Subd. 2. Employment services for transition-aged youth who are deaf, deafblind, and hard-of-hearing. (a) The commissioner shall develop statewide or regional grant programs to provide school-based communication, access, and employment services for youth who are deaf, deafblind, and hard-of-hearing. Services must include staff who have the skills addressed in subdivision 1, clauses (2) and (3), and expertise in serving transition-aged youth.
(b) Priority for funding shall be given
to organizations with experience in providing innovative employment support
services and readiness for postsecondary training for transition-aged youths
who are deaf, deafblind, and hard-of-hearing.
Each applicant for funds under this section shall submit an evaluation
protocol as part of the grant application.
Subd. 3. Administration. Up to five percent of the biennial
appropriation for the purpose of this section is available to the commissioner
for administration of the program.
EFFECTIVE
DATE. This section is
effective upon enactment of a direct appropriation for grants under this
section.
Sec. 15. Minnesota Statutes 2012, section 298.28, subdivision 2, is amended to read:
Subd. 2. City or town where quarried or produced. (a) 4.5 cents per gross ton of merchantable iron ore concentrate, hereinafter referred to as "taxable ton," plus the amount provided in paragraph (c), must be allocated to the city or town in the county in which the lands from which taconite was mined or quarried were located or within which the concentrate was produced. If the mining, quarrying, and concentration, or different steps in either thereof are carried on in more than one taxing district, the commissioner shall apportion equitably the proceeds of the part of the tax going to cities and towns among such subdivisions upon the basis of attributing 50 percent of the proceeds of the tax to the operation of mining or quarrying the taconite, and the remainder to the concentrating plant and to the processes of concentration, and with respect to each thereof giving due consideration to the relative extent of such operations performed in each such taxing district. The commissioner's order making such apportionment shall be subject to review by the Tax Court at the instance of any of the interested taxing districts, in the same manner as other orders of the commissioner.
(b) Four cents per taxable ton shall be
allocated to cities and organized townships affected by mining because their
boundaries are within three miles of a taconite mine pit that has been actively
mined in at least one of the prior three years.
If a city or town is located near more than one mine meeting these
criteria, the city or town is eligible to receive aid calculated from only the
mine producing the largest taxable tonnage.
When more than one municipality qualifies for aid based on one company's
production, the aid must be apportioned among the municipalities in proportion
to their populations. Of The
amounts distributed under this paragraph to each municipality, one-half
must be used for infrastructure improvement projects, and one-half must be
used for projects in which two or more municipalities cooperate. Each municipality that receives a
distribution under this paragraph must report annually to the Iron Range
Resources and Rehabilitation Board and the commissioner of Iron Range resources
and rehabilitation on the projects involving cooperation with other
municipalities.
(c) The amount that would have been computed for the current year under Minnesota Statutes 2008, section 126C.21, subdivision 4, for a school district shall be distributed to the cities and townships within the school district in the proportion that their taxable net tax capacity within the school district bears to the taxable net tax capacity of the school district for property taxes payable in the year prior to distribution.
Sec. 16. Laws 2013, chapter 143, article 11, section 10, is amended to read:
Sec. 10. 2013
DISTRIBUTION ONLY.
For the 2013 distribution, a special fund is established to receive 38.7 cents per ton of any excess of the balance remaining after distribution of amounts required under Minnesota Statutes, section 298.28, subdivision 6. The following amounts are allocated to St. Louis County acting as the fiscal agent for the recipients for the following specific purposes:
(1) 5.1 cents per ton to the city of Hibbing for improvements to the city's water supply system;
(2) 4.3 cents per ton to the city of Mountain Iron for the cost of moving utilities required as a result of actions undertaken by United States Steel Corporation;
(3) 2.5 cents per ton to the city of
Biwabik for improvements to the city's water supply system, payable upon
agreement with ArcelorMittal to satisfy water permit conditions system
to further the established collaborative efforts between the city of Biwabik,
the city of Aurora, and surrounding communities;
(4) 2 cents per ton to the city of Tower for the Tower Marina;
(5) 2.4 cents per ton to the city of Grand Rapids for an eco-friendly heat transfer system to replace aging effluent lines and for parking lot repaving;
(6) 2.4 cents per ton to the city of Two Harbors for wastewater treatment plant improvements;
(7) 0.9 cents per ton to the city of Ely for the sanitary sewer replacement project;
(8) 0.6
cents per ton to the town of Crystal Bay for debt service of the Claire Nelson
Intermodal Transportation Center;
(9) 0.5 cents per ton to the Greenway Joint Recreation Board for the Coleraine hockey arena renovations;
(10) 1.2 cents per ton for the West Range Regional Fire Hall and Training Center to merge the existing fire services of Coleraine, Bovey, Taconite Marble, Calumet, and Greenway Township;
(11) 2.5 cents per ton to the city of Hibbing for the Memorial Building;
(12) 0.7 cents per ton to the city of Chisholm for public works infrastructure;
(13) 1.8 cents per ton to the Crane Lake Water and Sanitary District for sanitary sewer extension;
(14) 2.5 cents per ton for the city of Buhl for the roof on the Mesabi Academy;
(15) 1.2 cents per ton to the city of Gilbert for the New Jersey/Ohio Avenue project;
(16) 1.5 2.0 cents per ton
to the city of Cook for street improvements, business park infrastructure, and
a maintenance garage;
(17)
0.5 cents per ton to the city of Cook for a water line project;
(18) (17) 1.8 cents per ton
to the city of Eveleth to be used for Jones Street reconstruction and the city
auditorium;
(19) (18) 0.5 cents per
ton for the city of Keewatin for an electrical substation and water line
replacements;
(20) (19) 3.3 cents per
ton for the city of Virginia for Fourth Street North infrastructure and
Franklin Park improvement; and
(21) (20) 0.5 cents per ton
to the city of Grand Rapids for an economic development project.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. 2014
DISTRIBUTION ONLY.
For the 2014 distribution, a special
fund is established to receive 18.84 cents per ton of any excess of the balance
remaining after distribution of amounts required under Minnesota Statutes,
section 298.28, subdivision 6. The
following amounts are allocated to St. Louis County acting as the fiscal
agent for the recipients for the following specific purposes:
(1) 1.3 cents per ton to the city of
Silver Bay for a water project under Highway 61;
(2) 0.5 cents per ton to the city of
Grand Rapids for soil and landscape remediation at the Reif Center;
(3) 0.65 cents per ton to the city of
LaPrairie for sewer, water, and road improvements to accommodate business
expansion in the city;
(4) 0.78 cents per ton to the city of
Cohasset for an infrastructure project;
(5) 0.39 cents per ton to Balkan
Township for a salt storage building and energy-efficient cold storage
building;
(6) 3.0 cents per ton to the city of
McKinley to construct a water line from the city of Gilbert or the city of
Biwabik to the city of McKinley's distribution center in order to secure a
potable water source for the city, provided that the city of McKinley secures
the remainder of the project costs from other sources, and expires three years
following the date of distribution;
(7) 6.5 cents per ton to the Iron Range
Resources and Rehabilitation Board for township block grants to be distributed
by the board;
(8) 0.5 cents per ton to the city of
Marble for a water main and looping project;
(9) 0.65 cents per ton to the city of
Nashwauk for an infrastructure project;
(10) 0.35 cents per ton to the city of
Babbitt for demolition of a public building;
(11) 0.65 cents per ton to the city of
Hoyt Lakes for a storm water project;
(12) 0.65 cents per ton to the city of
Aurora for an infrastructure project;
(13) 0.65 cents per ton to the town of
Silver Creek for an infrastructure project;
(14)
0.5 cents per ton to the city of Calumet for an infrastructure project;
(15) 0.5 cents per ton to Nashwauk
Township for the Nashwauk town hall;
(16) 0.5 cents per ton to the city of
Biwabik for emergency repair of a wastewater treatment project;
(17) 0.47 cents per ton to the city of
Cuyuna for improvements to city properties and facilities, including
construction, electrical, water, sewer, and site preparation; and
(18) 0.3 cents per ton to Morse
Township for a recreational trail.
EFFECTIVE
DATE. This section is
effective for the 2014 distribution, and all payments must be made separately
and within ten days of the date of the August 2014 payment.
Sec. 18. CIP
ELECTRONIC DATA REPORTING AND TRACKING SYSTEM; EVALUATION.
The commissioner of commerce may
utilize a stakeholder group to annually monitor the usability and product
development of systems for electronic data reporting and tracking for the use
of utilities under the conservation improvement plan program under Minnesota
Statutes, section 216B.241. The initial
group may be convened by November 1, 2014, and must, among others, include
representatives from all sectors of the gas and electric utility industry and
providers of energy conservation.
Sec. 19. INNOVATION
VOUCHER PILOT PROGRAM.
(a) The commissioner of employment and
economic development shall develop and implement an innovation voucher pilot
program to provide financing to small businesses to purchase technical
assistance and services from public higher education institutions and nonprofit
entities to assist in the development or commercialization of innovative new
products or services.
(b) Funds available under this section
may be used by a small business to access technical assistance and other
services including, but not limited to: research,
technical development, product development, commercialization, market
development, technology exploration, and improved business practices including
strategies to grow business and create operational efficiencies.
(c) To be eligible for a voucher under
this section, a business must enter into an agreement with the commissioner
that includes:
(1) a list of the technical assistance and services the business proposes to purchase and from whom the services will be purchased; and
(2) deliverable outcomes in one of the
following areas:
(i) research and development;
(ii) business model development;
(iii) market feasibility;
(iv) operations; or
(v) other outcomes determined by the
commissioner.
As
part of the agreement, the commissioner must approve the technical assistance
and services to be purchased, and the entities from which the services or
technical assistance will be purchased.
(d) For the purposes of this section, a
small business means a business with fewer than 40 employees.
(e) A voucher award must not exceed
$25,000 per business.
(f) The commissioner must report to the
chairs of the committees of the house of representatives and senate having
jurisdiction over economic development and workforce policy and finance issues
by December 1, 2014, on the vouchers awarded to date.
Sec. 20. COMMISSIONER'S
ACCOUNTABILITY PLAN.
By December 1, 2014, the commissioner
shall report to the committees of the house of representatives and senate
having jurisdiction over workforce development and economic development policy
and finance issues, on the department's plan, and any request for funding, to
design and implement a performance accountability outcome measurement system
for programs under Minnesota Statutes, chapters 116J and 116L.
Sec. 21. COMPETENCY
STANDARDS: ADVANCED MANUFACTURING,
HEALTH CARE SERVICES, INFORMATION TECHNOLOGY, AND AGRICULTURE.
(a) The commissioner of labor and
industry, in collaboration with the commissioner of employment and economic development,
shall establish competency standards for programs in advanced manufacturing,
health care services, information technology, and agriculture. This initiative shall be administered by the
Department of Labor and Industry. In
establishing the competency standards, the commissioner shall convene
recognized industry experts, representative employers, higher education
institutions, and representatives of labor to assist in defining credible
competency standards acceptable to the advanced manufacturing, health care
services, information technology, and agriculture industries.
(b) The outcomes expected from the
initiatives in this section include:
(1) establishment of competency
standards for entry level and at least two additional higher skill levels in
each industry;
(2) verification of competency
standards and skill levels and their transferability by representatives of each
respective industry;
(3) models of ways for Minnesota
educational institutions to engage in providing education and training to meet
the competency standards established; and
(4) participation from the identified
industry sectors.
(c) By January 15, 2015, the
commissioner of labor and industry shall report to the legislative committees
with jurisdiction over jobs on the progress and success, including outcomes, of
the initiatives in this section and recommendations on occupations in which
similar competency standards should be developed and implemented.
Sec. 22. AGRICULTURAL
EMPLOYMENT; REPORT.
The commissioner of labor and industry
shall report by January 1, 2015, to the chairs and ranking minority members of
the standing committees of the house of representatives and senate with
jurisdiction over labor policy and finance issues on the number of agricultural
employers who are using a 48 hour work week and the number of
employees
affected. The commissioner shall include
recommendations for appropriate compensation for such agricultural employees. For the purposes of this section,
"agriculture" has the meaning given in Minnesota Rules, part
5200.0260.
Sec. 23. REPEALER.
Minnesota Statutes 2012, section
116J.997, is repealed.
ARTICLE 4
STATE DEPARTMENTS AND VETERANS
Section 1. STATE
DEPARTMENTS AND VETERANS APPROPRIATIONS.
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The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 142, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2014" and "2015" used in this article mean that the
addition to the appropriation listed under them is available for the fiscal
year ending June 30, 2014, or June 30, 2015, respectively. Supplemental appropriations for the fiscal
year ending June 30, 2014, are effective the day following final enactment.
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APPROPRIATIONS |
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|
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Available for the Year |
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|
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Ending June 30 |
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2014 |
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2015 |
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Sec. 2. STATE DEPARTMENTS AND VETERANS APPROPRIATIONS |
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Subdivision 1. Legislative
Coordinating Commission |
|
$-0- |
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$380,000 |
$225,000 is for operating costs of the
joint legislative offices. $150,000 each
year is added to the base.
$155,000 is for the Legislative Water
Commission established in section 3. $145,000
each fiscal year is added to the base through fiscal year 2019.
Subd. 2. Minnesota
Housing Finance Agency |
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-0-
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250,000
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$250,000 is for at least five grants of up
to $50,000 each to conduct a housing needs assessment for veterans in any
community within the state. No more than
five percent may be used by the Minnesota Housing Finance Agency to administer
these grants. The grants may be awarded
to any government or nongovernmental organization. The assessment, which may be a study or a
survey, may examine the need for scattered site housing for veterans and their
families who are homeless or in danger of homelessness or for housing that
addresses the health care needs of disabled or aging veterans. The assessment must be started by July 30,
2015, and completed by July 30, 2016. The
commissioner of the Minnesota Housing Finance Agency must provide copies of
any
completed assessment to the chairs and ranking minority members of the
legislative committees with jurisdiction over housing and veterans affairs no
later than January 1, 2017. This is a
onetime appropriation.
Subd. 3. Racing
Commission |
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100,000
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85,000
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These appropriations are from the racing
and card playing regulation accounts in the special revenue fund. These appropriations are onetime and are
available in either year of the biennium.
Subd. 4. Amateur
Sports Commission |
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-0-
|
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50,000
|
$50,000 is to develop a pilot program to
prevent and reduce childhood obesity. This
appropriation is onetime and is available until June 30, 2017.
Subd. 5. Minnesota
Historical Society |
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-0-
|
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25,000
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$25,000 is for a grant to Farm America for
repairs and maintenance of the Minnesota Agricultural Interpretive Center and
for audit expenses. This is a onetime
appropriation and is available until June 30, 2017.
Subd. 6. Board
of the Arts |
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-0-
|
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750,000
|
$750,000 is appropriated from the arts and
cultural heritage fund for arts education in partnership with the President's
Turnaround Arts Initiative. This
appropriation is contingent on Minnesota being designated a Turnaround site. This appropriation is available until June
30, 2015. This is a onetime
appropriation.
Subd. 7. Minnesota
Humanities Center |
|
-0-
|
|
225,000
|
$125,000 is from the arts and cultural
heritage fund for the Veterans' Voices program to educate and engage the
community regarding veterans' contributions, knowledge, skills, and experiences. Of this amount, $25,000 is for transfer to
the Association of Minnesota Public Education Radio Stations for statewide
programming to promote the Veterans' Voices program. This is a onetime appropriation.
$100,000 is from the arts and cultural
heritage fund for professional development for kindergarten through grade 12
educators to better culturally engage their work with at-risk student
populations. This may include new and
original literature that addresses literacy of emerging cultural communities. This is a onetime appropriation.
Subd. 8. Department
of Education |
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-0-
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44,000
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This appropriation is to implement expedited
and temporary licensing provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 9. Board
of Accountancy |
|
-0-
|
|
44,000
|
This appropriation is to implement
expedited and temporary licensing provisions of Minnesota Statutes, section
197.4552. This is a onetime
appropriation.
Subd. 10. Board of Architecture, Engineering, Land Surveying, Landscape, Architecture, Geoscience, and Interior Design |
-0-
|
|
44,000
|
This appropriation is to implement
expedited and temporary licensing provisions of Minnesota Statutes, section
197.4552. This is a onetime
appropriation.
Subd. 11. Board
of Cosmetologist Examiners |
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-0-
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20,000
|
This appropriation is to implement
expedited and temporary licensing provisions of Minnesota Statutes, section
197.4552. This is a onetime
appropriation.
Subd. 12. Board
of Barber Examiners |
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-0-
|
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10,000
|
This appropriation is to implement
expedited and temporary licensing provisions of Minnesota Statutes, section
197.4552. This is a onetime
appropriation.
Subd. 13. Board
of Private Detectives |
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-0-
|
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44,000
|
This appropriation is to implement
expedited and temporary licensing provisions of Minnesota Statutes, section
197.4552. This is a onetime
appropriation.
Subd. 14. Board
of Behavioral Health and Therapy |
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-0-
|
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15,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 15. Board
of Dentistry |
|
-0-
|
|
10,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 16. Board
of Dietetics and Nutrition Practice |
|
-0-
|
|
10,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 17. Board
of Marriage and Family Therapy |
|
-0-
|
|
14,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 18. Board
of Nursing Home Administrators |
|
-0-
|
|
1,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 19. Board
of Optometry |
|
-0-
|
|
10,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 20. Board
of Podiatric Medicine |
|
-0-
|
|
10,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Subd. 21. Board
of Social Work |
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-0-
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3,000
|
This appropriation is from the state
government special revenue fund to implement expedited and temporary licensing
provisions of Minnesota Statutes, section 197.4552. This is a onetime appropriation.
Sec. 3. [3.886]
LEGISLATIVE WATER COMMISSION.
Subdivision 1. Establishment. A Legislative Water Commission is
established.
Subd. 2. Membership. (a) The Legislative Water Commission
consists of 12 members appointed as follows:
(1) six members of the senate,
including three majority party members appointed by the majority leader and
three minority party members appointed by the minority leader; and
(2)
six members of the house of representatives, including three majority party
members appointed by the speaker of the house and three minority party members
appointed by the minority leader.
(b) Members serve at the pleasure of
the appointing authority and continue to serve until their successors are appointed
or until a member is no longer a member of the legislative body that appointed
the member to the commission. Vacancies
shall be filled in the same manner as the original positions. Vacancies occurring on the commission do not
affect the authority of the remaining members of the Legislative Water
Commission to carry out the function of the commission.
(c) Members shall elect a chair, vice
chair, and other officers as determined by the commission. The chair may convene meetings as necessary
to conduct the duties prescribed by this section.
Subd. 3. Commission
staffing. The Legislative
Coordinating Commission must employ staff and contract with consultants as
necessary to enable the Legislative Water Commission to carry out its duties
and functions.
Subd. 4. Powers
and duties. (a) The
Legislative Water Commission shall review water policy reports and
recommendations of the Environmental Quality Board, the Board of Water and Soil
Resources, the Pollution Control Agency, the Department of Natural Resources,
the Metropolitan Council, and other water-related reports as may be required by
law or the legislature.
(b) The commission may conduct public
hearings and otherwise secure data and comments.
(c) The commission shall make
recommendations as it deems proper to assist the legislature in formulating
legislation.
(d) Data or information compiled by the
Legislative Water Commission or its subcommittees shall be made available to
the Legislative-Citizen Commission on Minnesota Resources, the Clean Water
Council, and standing and interim committees of the legislature on request of
the chair of the respective commission, council, or committee.
(e) The commission shall coordinate
with the Clean Water Council.
Subd. 5. Compensation. Members of the commission may receive
per diem and expense reimbursement incurred doing the work of the commission in
the manner and amount prescribed for per diem and expense payments by the
senate Committee on Rules and Administration and the house of representatives Committee
on Rules and Legislative Administration.
Subd. 6. Expiration. This section expires July 1, 2019.
Sec. 4. Minnesota Statutes 2013 Supplement, section 15A.082, subdivision 1, is amended to read:
Subdivision 1. Creation. A Compensation Council is created each
odd-numbered year to assist the legislature in establishing the compensation of
constitutional officers, members of the legislature, justices of the
Supreme Court, judges of the Court of Appeals and district court, and the heads
of state and metropolitan agencies included in section 15A.0815.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2013 Supplement, section 15A.082, subdivision 3, is amended to read:
Subd. 3. Submission
of recommendations. (a) By March
April 15 in each odd-numbered year, the Compensation Council shall
submit to the speaker of the house and the president of the senate salary
recommendations for constitutional officers, legislators, justices of
the Supreme Court, and judges of the Court of Appeals and district court. The recommended salary for each other
office must take effect on the first Monday in January of the next odd-numbered
year, with no more than one adjustment, to take effect on January 1 of the year
after that. The salary recommendations
for legislators, judges, and constitutional officers take effect
if an appropriation of money to pay the recommended salaries is enacted after
the recommendations are submitted and before their effective date. Recommendations may be expressly modified or
rejected. The salary recommendations
for legislators are subject to additional terms that may be adopted according
to section 3.099, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the house and the president of the senate recommendations for the salary ranges of the heads of state and metropolitan agencies, to be effective retroactively from January 1 of that year if enacted into law. The recommendations shall include the appropriate group in section 15A.0815 to which each agency head should be assigned and the appropriate limitation on the maximum range of the salaries of the agency heads in each group, expressed as a percentage of the salary of the governor.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 15A.082, subdivision 4, is amended to read:
Subd. 4. Criteria. In making compensation recommendations,
the council shall consider the amount of compensation paid in government
service and the private sector to persons with similar qualifications, the
amount of compensation needed to attract and retain experienced and competent
persons, and the ability of the state to pay the recommended compensation. In making recommendations for legislative
compensation, the council shall also consider the average length of a
legislative session, the amount of work required of legislators during interim
periods, and opportunities to earn income from other sources without neglecting
legislative duties.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 16C.16, subdivision 6a, is amended to read:
Subd. 6a. Veteran-owned
small businesses. (a) Except when
mandated by the federal government as a condition of receiving federal funds,
the commissioner shall award up to a six percent preference, but no less than
the percentage awarded to any other group under this section, in the amount bid
on state procurement to certified small businesses that are majority-owned and
operated by: veterans.
(1) recently separated veterans who
have served in active military service, at any time on or after September 11,
2001, and who have been discharged under honorable conditions from active
service, as indicated by the person's United States Department of Defense form
DD-214 or by the commissioner of veterans affairs;
(2) veterans with service-connected
disabilities, as determined at any time by the United States Department of
Veterans Affairs; or
(3) any other veteran-owned small
businesses certified under section 16C.19, paragraph (d).
(b) The purpose of this designation is to facilitate the transition of veterans from military to civilian life, and to help compensate veterans for their sacrifices, including but not limited to their sacrifice of health and time, to the state and nation during their military service, as well as to enhance economic development within Minnesota.
Sec. 8. Minnesota Statutes 2012, section 16C.19, is amended to read:
16C.19
ELIGIBILITY; RULES.
(a) A small business wishing to
participate in the programs under section 16C.16, subdivisions 4 to 7, must be
certified by the commissioner. The
commissioner shall adopt by rule standards and procedures for certifying that small
businesses, small targeted group businesses, and small businesses
located in economically disadvantaged areas, and veteran-owned small
businesses are eligible to participate under the requirements of sections
16C.16 to 16C.21. The commissioner shall
adopt by rule standards and procedures for hearing appeals and grievances and
other rules necessary to carry out the duties set forth in sections 16C.16 to
16C.21.
(b) The commissioner may make rules which exclude or limit the participation of nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21.
(c) The commissioner may make rules that set time limits and other eligibility limits on business participation in programs under sections 16C.16 to 16C.21.
(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
(e) Until rules are adopted pursuant to
paragraph (a) for the purpose of certifying veteran-owned small businesses, the
provisions of Minnesota Rules, part 1230.1700, may be read to include veteran-owned
small businesses. In addition to the
documentation required in Minnesota Rules, part 1230.1700, the veteran owner
must have been discharged under honorable conditions from active service, as
indicated by the veteran owner's most current United States Department of
Defense form DD-214.
Sec. 9. Minnesota Statutes 2012, section 122A.18, is amended by adding a subdivision to read:
Subd. 7c. Temporary
military license. The Board
of Teaching shall establish a temporary license in accordance with section
197.4552 for teaching. The fee for a
temporary license under this subdivision shall be $87.90 for an online
application or $86.40 for a paper application.
Sec. 10. [148.595]
TEMPORARY MILITARY PERMIT; FEE.
The Board of Optometry shall establish
a temporary permit in accordance with section 197.4552. The fee for the temporary military permit is
$250.
Sec. 11. Minnesota Statutes 2012, section 148.624, is amended by adding a subdivision to read:
Subd. 5. Temporary
military permit. The board shall
issue a temporary permit to members of the military in accordance with section
197.4552. The fee for the temporary
permit is $250.
Sec. 12. Minnesota Statutes 2013 Supplement, section 148B.17, subdivision 2, is amended to read:
Subd. 2. Licensure and application fees. Nonrefundable licensure and application fees established by the board shall not exceed the following amounts:
(1) application fee for national examination is $110;
(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination is $110;
(3) initial LMFT license fee is prorated, but cannot exceed $125;
(4) annual renewal fee for LMFT license is $125;
(5) late fee for LMFT license renewal is $50;
(6) application fee for LMFT licensure by reciprocity is $220;
(7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) license is $75;
(8) annual renewal fee for LAMFT license is $75;
(9) late fee for LAMFT renewal is $25;
(10) fee for reinstatement of license is
$150; and
(11) fee for emeritus status is $125;
and
(12) fee for temporary license for members of the military is $100.
Sec. 13. Minnesota Statutes 2012, section 148B.53, subdivision 3, is amended to read:
Subd. 3. Fee. Nonrefundable fees are as follows:
(1) initial license application fee for licensed professional counseling (LPC) - $150;
(2) initial license fee for LPC - $250;
(3) annual active license renewal fee for LPC - $250 or equivalent;
(4) annual inactive license renewal fee for LPC - $125;
(5) initial license application fee for licensed professional clinical counseling (LPCC) - $150;
(6) initial license fee for LPCC - $250;
(7) annual active license renewal fee for LPCC - $250 or equivalent;
(8) annual inactive license renewal fee for LPCC - $125;
(9) license renewal late fee - $100 per month or portion thereof;
(10) copy of board order or stipulation - $10;
(11) certificate of good standing or license verification - $25;
(12) duplicate certificate fee - $25;
(13) professional firm renewal fee - $25;
(14) sponsor application for approval of a continuing education course - $60;
(15) initial registration fee - $50;
(16) annual registration renewal fee - $25; and
(17) approved supervisor application
processing fee - $30; and
(18) temporary license for members of the military - $250.
Sec. 14. Minnesota Statutes 2012, section 150A.091, is amended by adding a subdivision to read:
Subd. 9c. Temporary
permit. Applications for a
temporary military permit in accordance with section 197.4552 shall submit a
fee not to exceed the amount of $250.
Sec. 15. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision to read:
Subd. 4. Temporary
military permit. The board
shall establish a temporary permit in accordance with section 197.4552. The fee for the temporary military permit is
$250.
Sec. 16. Minnesota Statutes 2012, section 154.11, as amended by Laws 2013, chapter 85, article 5, section 12, is amended to read:
154.11
EXAMINATION OF NONRESIDENT BARBERS AND INSTRUCTORS OF BARBERING; TEMPORARY
APPRENTICE PERMITS; TEMPORARY MILITARY LICENSE AND APPRENTICE PERMITS.
Subdivision 1. Examination of nonresidents. A person who meets all of the requirements for barber registration in sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and either has a license, certificate of registration, or an equivalent as a practicing barber or instructor of barbering from another state or country which in the discretion of the board has substantially the same requirements for registering barbers and instructors of barbering as required by sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 or can prove by sworn affidavits practice as a barber or instructor of barbering in another state or country for at least five years immediately prior to making application in this state, shall, upon payment of the required fee, be issued a certificate of registration without examination.
Subd. 2. Temporary apprentice permits for nonresidents. Any person who qualifies for examination as a registered barber under this section may apply for a temporary apprentice permit which is effective no longer than six months. All persons holding a temporary apprentice permit are subject to all provisions of sections 154.001, 154.002, 154.003, 154.01 to 154.161, 154.19 to 154.21, and 154.24 to 154.26 and the rules adopted by the board under those sections concerning the conduct and obligations of registered apprentices.
Subd. 3. Temporary
military license. The board
shall establish a temporary license for barbers and master barbers and a
temporary permit for apprentices in accordance with section 197.4552. The fee for a temporary license under this
subdivision for a master barber is $85. The
fee for a temporary license under this subdivision for a barber is $180. The fee for a temporary permit under this
subdivision for an apprentice is $80.
Sec. 17. Minnesota Statutes 2012, section 155A.27, is amended by adding a subdivision to read:
Subd. 5a. Temporary
military license. The board
shall establish temporary licenses for a cosmetologist, nail technician, and
esthetician, in accordance with section 197.4552. The fee for a temporary license under this
subdivision for a cosmetologist, nail technician, or esthetician is $100.
Sec. 18. [197.4552]
EXPEDITED AND TEMPORARY LICENSING FOR FORMER AND CURRENT MEMBERS OF THE
MILITARY.
Subdivision 1. Expedited
licensing processing. Notwithstanding
any other law to the contrary, each professional licensing board defined in
section 214.01, subdivisions 2 and 3, shall establish a procedure to expedite
the issuance of a license or certification to perform professional services
regulated by each board to a qualified individual who is:
(1) an active duty military member;
(2) the spouse of an active duty
military member; or
(3) a veteran who has left service in
the two years preceding the date of license or certification application, and
has confirmation of an honorable or general discharge status.
Subd. 2. Temporary
licenses. (a) Notwithstanding
any other law to the contrary, each professional licensing board defined in
section 214.01, subdivisions 2 and 3, shall establish a procedure to issue a
temporary license or certification to perform professional services regulated
by each board to a qualified individual who is:
(1) an active duty military member;
(2) the spouse of an active duty
military member; or
(3) a veteran who has left service in
the two years preceding the date of license or certification application, and
has confirmation of an honorable or general discharge status.
(b) A qualified individual under
paragraph (a) must provide evidence of:
(1) a current, valid license,
certificate, or permit in another state without history of disciplinary action
by a regulatory authority in the other state; and
(2) a current criminal background study
without a criminal conviction that is determined by the board to adversely
affect the applicants' ability to become licensed.
(c) A temporary license or certificate
issued under this subdivision shall allow a qualified individual to perform
regulated professional services for a limited length of time as determined by
the licensing board. During the
temporary license period, the individual shall complete the full application
procedure as required by applicable law.
Subd. 3. Rulemaking. Each licensing board may adopt rules
to carry out the provisions of this section.
Sec. 19. Minnesota Statutes 2012, section 326.04, as amended by Laws 2014, chapter 236, section 3, is amended to read:
326.04
BOARD ESTABLISHED.
Subdivision 1. Board composition. To carry out the provisions of sections 326.02 to 326.15 there is hereby created a Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design consisting of 21 members, who shall be appointed by the governor. Three members shall be licensed
architects, five members shall be licensed engineers, two members shall be licensed landscape architects, two members shall be licensed land surveyors, two members shall be certified interior designers, two members shall be licensed geoscientists, and five members shall be public members. Not more than one member of the board shall be from the same branch of the profession of engineering. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. Members shall be limited to two terms. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214.
Subd. 2.
Temporary military certificate. The board shall establish a temporary
military certificate in accordance with section 197.4552.
Sec. 20. Minnesota Statutes 2012, section 326.10, is amended by adding a subdivision to read:
Subd. 10. Temporary military license. The board shall establish a temporary
license in accordance with section 197.4552 for the practice of architecture,
professional engineering, geosciences, land surveying, landscape architecture,
and interior design. The fee for the
temporary license under this subdivision for the practice of architecture, professional engineering,
geosciences, land surveying, landscape architecture, or interior design is
$132.
Sec. 21. Minnesota Statutes 2012, section 326.3382, is amended by adding a subdivision to read:
Subd. 6. Temporary military license. The board shall establish a temporary
license to engage in the business of private detective or protective agent in
accordance with section 197.4552. The
fee for the temporary license under this subdivision for a private detective is
$1,000. The fee for a temporary license
under this subdivision for a protective agent is $800.
Sec. 22. Minnesota Statutes 2012, section 326A.04, is amended by adding a subdivision to read:
Subd. 1a.
Temporary military certificate. The board shall establish a temporary
military certificate in accordance with section 197.4552.
Sec. 23. Minnesota Statutes 2013 Supplement, section 326A.04, subdivision 5, is amended to read:
Subd. 5. Fee.
(a) The board shall charge a fee for each application for initial
issuance or renewal of a certificate or temporary military certificate
under this section as provided in paragraph (b). The fee for the temporary military
certificate is $100.
(b) The board shall charge the following fees:
(1) initial issuance of certificate, $150;
(2) renewal of certificate with an active status, $100 per year;
(3) initial CPA firm permits, except for sole practitioners, $100;
(4) renewal of CPA firm
permits, except for sole practitioners and those firms specified in clause
(17), $35 per year;
(5) initial issuance and renewal of CPA firm permits for sole practitioners, except for those firms specified in clause (17), $35 per year;
(6) annual late processing delinquency fee for permit, certificate, or registration renewal applications not received prior to expiration date, $50;
(7) copies of records, per page, 25 cents;
(8) registration of noncertificate holders, nonlicensees, and nonregistrants in connection with renewal of firm permits, $45 per year;
(9) applications for reinstatement, $20;
(10) initial registration of a registered accounting practitioner, $50;
(11) initial registered accounting practitioner firm permits, $100;
(12) renewal of registered accounting practitioner firm permits, except for sole practitioners, $100 per year;
(13) renewal of registered accounting practitioner firm permits for sole practitioners, $35 per year;
(14) CPA examination application, $40;
(15) CPA examination, fee determined by third-party examination administrator;
(16) renewal of certificates with an inactive status, $25 per year; and
(17) renewal of CPA firm permits for firms that have one or more offices located in another state, $68 per year.
Sec. 24. Minnesota Statutes 2012, section 363A.44, subdivision 1, as added by Laws 2014, chapter 239, article 2, section 6, is amended to read:
Subdivision 1. Scope. (a) No department, agency of the state, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, shall execute a contract for goods or services or an agreement for goods or services in excess of $500,000 with a business that has 40 or more full-time employees in this state or a state where the business has its primary place of business on a single day during the prior 12 months, unless the business has an equal pay certificate or it has certified in writing that it is exempt. A certificate is valid for four years.
(b) This section does not apply to a business with respect to a specific contract if the commissioner of administration determines that application of this section would cause undue hardship to the contracting entity. This section does not apply to a contract to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I, 256L, and 268A, with a business that has a license, certification, registration, provider agreement, or provider enrollment contract that is prerequisite to providing those goods and services. This section does not apply to contracts entered into by the State Board of Investment for investment options under section 352.965, subdivision 4.
EFFECTIVE
DATE. This section is
effective August 1, 2014.
Sec. 25. LEGISLATIVE
WATER COMMISSION INITIAL APPOINTMENTS AND FIRST MEETING.
Initial
appointments to the Legislative Water Commission established in section 3 must
be made by September 1, 2014. The
first meeting of the Legislative Water Commission shall be convened by the
chair or a designee of the Legislative Coordinating Commission by October 15,
2014. The Legislative Water Commission
shall select a chair from its membership at its first meeting.
Sec. 26. STUDY
OF SPECIAL REVENUE ACCOUNT FOR CENTRAL ACCOMMODATION.
The commissioner of management and
budget, in consultation with the Commission of Deaf, DeafBlind and Hard-of-Hearing
Minnesotans, must report to the chairs and ranking minority members of the
senate Finance Committee, the house of representatives Ways and Means
Committee, the house of representatives State Government Finance Committee, the
senate State Departments and Veterans Budget Division, and the governor by
January 5, 2015, on advantages and disadvantages of creating an account for the
special revenue fund in the state treasury to pay for costs of providing
accommodations to executive branch state employees with disabilities. The report must include:
(1) a summary of money spent by
executive branch state agencies in fiscal years 2012 and 2013 for providing
accommodations to executive branch state employees, to the extent that such
expenditures can be determined; and
(2) recommendations for laws and
policies needed to implement an account in the special revenue fund, if one is
recommended under this section; or other recommendations related to best
practices in provision of accommodations for employees with disabilities in the
executive branch.
ARTICLE 5
PUBLIC SAFETY AND CORRECTIONS APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
|
|
2014 |
|
2015 |
|
Total |
|
|
|
|
|
|
|
General |
|
$-0-
|
|
$35,057,000
|
|
$35,057,000
|
State Government Special
Revenue |
|
12,361,000
|
|
6,865,000
|
|
19,226,000
|
|
|
|
|
|
|
|
Total |
|
$12,361,000 |
|
$41,922,000 |
|
$54,283,000 |
Sec. 2. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 86, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2014" and "2015" used in this article mean that the
addition to the appropriation listed under them is available for the fiscal
year ending June 30, 2014, or June 30, 2015, respectively. Supplemental appropriations for the fiscal
year ending June 30, 2014, are effective the day following final enactment.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2014 |
2015 |
|
Sec. 3. PUBLIC
SAFETY |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$12,361,000 |
|
$8,638,000 |
Appropriations
by Fund |
||
|
||
General |
-0-
|
1,773,000
|
State Government Special Revenue
|
12,361,000
|
6,865,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Emergency
Communication Networks |
|
5,059,000
|
|
6,865,000
|
This onetime appropriation is from the
state government special revenue fund for 911 emergency telecommunications
services.
Subd. 3. Office
of Justice Programs |
|
-0-
|
|
1,300,000
|
(a) $500,000 in fiscal year 2015 is for
youth intervention programs under Minnesota Statutes, section 299A.73. The appropriation must be used to create new
programs statewide in underserved areas and to help existing programs serve
unmet needs in program communities. Of
this amount, $100,000 in fiscal year 2015 is for a youth intervention program
targeted toward East African youth. This
is a onetime appropriation and is available until expended.
(b) $500,000 in fiscal year 2015 is for a
grant to provide emergency shelter programming for victims of domestic abuse
and trafficking. The program shall
provide shelter to East African women and children. The appropriation must be used for the
operating expenses of a shelter. This is
a onetime appropriation, and is available until June 30, 2017.
(c) $300,000 in fiscal year 2015 is for
grants to sexual assault advocacy programs for sexual violence community
prevention networks. For purposes of
this section, "sexual assault" means a violation of Minnesota
Statutes, sections 609.342 to 609.3453. $300,000 in each of fiscal years 2016 and 2017 is
added to the base.
Subd. 4. Fire
Safety Account |
|
1,300,000
|
|
-0-
|
$1,300,000 in fiscal year 2014 is from the
fire safety account in the special revenue fund for activities and programs
under Minnesota Statutes, section 299F.012.
This is a onetime appropriation. By
January 15, 2015, the commissioner shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the fire
safety account regarding the balances and uses of the account.
Subd. 5. Criminal
Apprehension |
|
|
|
|
$473,000 in fiscal year 2015 is to
implement the expungement law changes in Laws 2014, chapter 246. The base for this activity shall be $583,000
in each of fiscal years 2016 and 2017.
Sec. 4. CORRECTIONS
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$-0- |
|
$30,139,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Correctional
Institutions |
|
-0-
|
|
27,289,000
|
This includes a onetime appropriation of
$11,089,000.
Subd. 3. Community
Services |
|
-0-
|
|
1,950,000
|
$50,000 in fiscal year 2015 is a onetime
appropriation to implement the victim notification provisions in article 6,
sections 1, 2, and 5.
Subd. 4. Operations
Support |
|
-0-
|
|
900,000
|
Sec. 5. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
-0-
|
|
50,000
|
$50,000 in fiscal year 2015 is for
training state and local community safety personnel in the use of crisis
de-escalation techniques for use with Minnesota veterans following their return
from active military service in a combat zone.
The director may consult with any other state or local governmental
official or nongovernmental authority that the director determines to be
relevant, to include postsecondary institutions, when selecting a service
provider for this training. The training
provider must have a demonstrated understanding of the transitions and
challenges that veterans may experience during their re-entry into society
following combat service. The training
opportunities provided must be reasonably distributed statewide. This is a onetime appropriation.
Sec. 6. HUMAN
RIGHTS |
|
$0 |
|
$50,000 |
For outreach to the community regarding the
role and duties of the Council on Black Minnesotans, the Council on Asian
Pacific Minnesotans, the Chicano Latino Affairs Council, and the Minnesota
Indian Affairs Council. This is a
onetime appropriation.
Sec. 7. HUMAN
SERVICES |
|
$0 |
|
$45,000 |
$45,000 in fiscal year 2015 is to
implement the expungement law changes in Laws 2014, chapter 246. The base for this activity shall be $90,000
in each of fiscal years 2016 and 2017.
Sec. 8. Laws 2009, chapter 83, article 1, section 10, subdivision 7, is amended to read:
Subd. 7. Emergency
Communication Networks |
|
66,470,000 |
|
70,233,000 |
This appropriation is from the state government special revenue fund for 911 emergency telecommunications services.
(a) Public Safety Answering Points. $13,664,000 each year is to be distributed as provided in Minnesota Statutes, section 403.113, subdivision 2.
(b) Medical Resource Communication Centers. $683,000 each year is for grants to the Minnesota Emergency Medical Services Regulatory Board for the Metro East and Metro West Medical Resource Communication Centers that were in operation before January 1, 2000.
(c) ARMER Debt Service. $17,557,000 the first year and $23,261,000 the second year are to the commissioner of finance to pay debt service on revenue bonds issued under Minnesota Statutes, section 403.275.
Any portion of this appropriation not needed to pay debt service in a fiscal year may be used by the commissioner of public safety to pay cash for any of the capital improvements for which bond proceeds were appropriated by Laws 2005, chapter 136, article 1, section 9, subdivision 8, or Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) Metropolitan Council Debt Service. $1,410,000 each year is to the commissioner of finance for payment to the Metropolitan Council for debt service on bonds issued under Minnesota Statutes, section 403.27.
(e) ARMER State Backbone Operating Costs. $5,060,000 each year is to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.
(f) ARMER Improvements. $1,000,000 each year is for the Statewide Radio Board for costs of design, construction, maintenance of, and improvements to those elements of the statewide public safety radio and communication system that support mutual aid communications and emergency medical services or provide enhancement of public safety communication interoperability.
(g) Next Generation 911. $3,431,000 the first year and $6,490,000 the second year are to replace the current system with the Next Generation Internet Protocol (IP) based network. This appropriation is available until expended. The base level of funding for fiscal year 2012 shall be $2,965,000.
(h) Grants to Local Government. $5,000,000 the first year is for grants
to local units of government to assist with the transition to the ARMER
system. This appropriation is available
until June 30, 2012.
EFFECTIVE
DATE. This section is
effective retroactively from June 29, 2011.
Sec. 9. Laws 2013, chapter 86, article 1, section 12, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation |
|
$157,851,000 |
|
$ |
Appropriations by Fund |
||
|
||
|
2014 |
2015 |
|
|
|
General |
82,213,000 |
82,772,000 |
Special Revenue |
14,062,000 |
13,062,000 |
State Government Special Revenue |
59,241,000 |
63,742,000 |
Environmental |
69,000 |
69,000 |
Trunk Highway |
2,266,000 |
2,266,000 |
The amounts that may be spent for each purpose are specified in the following subdivisions.
Sec. 10. Laws 2013, chapter 86, article 1, section 12, subdivision 3, as amended by Laws 2013, chapter 140, section 2, is amended to read:
Subd. 3. Criminal
Apprehension |
|
47,588,000 |
|
47,197,000 |
Appropriations by Fund |
||
|
||
General |
42,315,000 |
42,924,000 |
Special Revenue |
3,000,000 |
2,000,000 |
State Government Special Revenue |
7,000 |
7,000 |
Trunk Highway |
2,266,000 |
2,266,000 |
(a) DWI Lab Analysis; Trunk Highway Fund |
|
|
|
|
Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $1,941,000 each year is from the trunk highway fund for laboratory analysis related to driving-while-impaired cases.
(b) Criminal History System |
|
|
|
|
$50,000 the first year and $580,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 299A.705, subdivision 4, $3,000,000 the first year and $2,000,000 the second year from the vehicle services account in the special revenue fund are to replace the state criminal history system. This appropriation is available until expended. Of this amount, $2,980,000 the first year and $2,580,000 the second year are for a onetime transfer to the Office of Enterprise Technology for start-up costs. Service level agreements must document all project-related transfers under this paragraph. Ongoing operating and support costs for this system shall be identified and incorporated into future service level agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (c).
The general fund base for this program is $4,930,000 in fiscal year 2016 and $417,000 in fiscal year 2017.
(c) Criminal Reporting System |
|
|
|
|
$1,360,000 the first year and $1,360,000 the
second year from the general fund are to replace the state's crime reporting
system and include one full-time equivalent business analyst. This appropriation is available until
expended. Of these amounts, $1,360,000
the first year and $1,360,000 $1,290,000 the second year are for
a onetime transfer to the Office of Enterprise Technology for start-up costs. Service level agreements must document all
project-related transfers under this paragraph.
Ongoing operating and support costs for this system shall be identified
and incorporated into future service level agreements.
The commissioner is authorized to use funds appropriated under this paragraph for the purposes specified in paragraph (b).
The base funding for this program is $1,360,000 in fiscal year 2016 and $380,000 in fiscal year 2017.
(d) Forensic Laboratory |
|
|
|
|
$125,000 the first year and $125,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $125,000 the first year and $125,000 the second year from the trunk highway fund are to replace forensic laboratory equipment at the Bureau of Criminal Apprehension.
$200,000 the first year and $200,000 the second year from the general fund and, notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $200,000 the first year and $200,000 the second year from the trunk highway fund are to improve forensic laboratory staffing at the Bureau of Criminal Apprehension.
(e) Livescan Fingerprinting |
|
|
|
|
$310,000 the first year and $389,000 the second year from the general fund are to maintain Livescan fingerprinting machines.
(f) Report |
|
|
|
|
If the vehicle services special revenue account accrues an unallocated balance in excess of 50 percent of the previous fiscal year's expenditures, the commissioner of public safety shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over
transportation and public safety policy and finance. The report must contain specific policy and legislative recommendations for reducing the fund balance and avoiding future excessive fund balances. The report is due within three months of the fund balance exceeding the threshold established in this paragraph.
Sec. 11. Laws 2013, chapter 86, article 1, section 13, is amended to read:
Sec. 13. PEACE
OFFICER STANDARDS AND TRAINING (POST) BOARD |
$3,870,000 |
|
$3,870,000 |
(a) Excess
Amounts Transferred
This appropriation is from the peace officer training account in the special revenue fund. Any new receipts credited to that account in the first year in excess of $3,870,000 must be transferred and credited to the general fund. Any new receipts credited to that account in the second year in excess of $3,870,000 must be transferred and credited to the general fund.
(b) Peace
Officer Training Reimbursements
$2,734,000 each year is for reimbursements to local governments for peace officer training costs.
(c) Training;
Sexually Exploited and Trafficked Youth
Of the appropriation in paragraph (b),
$100,000 the first year is for reimbursements to local governments for peace
officer training costs on sexually exploited and trafficked youth, including
effectively identifying sex trafficked victims and traffickers, investigation
techniques, and assisting sexually exploited youth. These funds are available until June 30,
2016.
Reimbursement shall be provided on a flat fee basis of $100 per diem per officer.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. TRANSFER;
EMERGENCY MANAGEMENT.
On July 1, 2014, the commissioner of
management and budget shall transfer $3,000,000 from the general fund to the
disaster assistance contingency account created in article 7, section 4.
ARTICLE 6
PUBLIC SAFETY AND CORRECTIONS
Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
Subd. 5. Disclosure. Private or confidential court services data shall not be disclosed except:
(a) pursuant to section 13.05;
(b) pursuant to a statute specifically authorizing disclosure of court services data;
(c) with the written permission of the source of confidential data;
(d) to the court services department, parole or probation authority or state or local correctional agency or facility having statutorily granted supervision over the individual subject of the data;
(e) pursuant to subdivision 6; or
(f) pursuant to a valid court order.;
or
(g) pursuant to section 611A.06,
subdivision 6.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
Subd. 6. Public benefit data. (a) The responsible authority or its designee of a parole or probation authority or correctional agency may release private or confidential court services data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement purposes; and
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the extent that the data are necessary for the victim to assert the victim's legal right to restitution.
(b) A parole or probation authority, a correctional agency, or agencies that provide correctional services under contract to a correctional agency may release to a law enforcement agency the following data on defendants, parolees, or probationers: current address, dates of entrance to and departure from agency programs, and dates and times of any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may release private or confidential court services data to a victim of a delinquent act to the extent the data are necessary to enable the victim to assert the victim's right to request notice of release under section 611A.06. The data that may be released include only the name, home address, and placement site of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act.
(d) Upon the victim's written or
electronic request and, if the victim and offender have been household or
family members as defined in section 518B.01, subdivision 2, paragraph (b), the
commissioner of corrections or the commissioner's designee may disclose to the
victim of an offender convicted of a qualified domestic violence-related
offense as defined in section 609.02, subdivision 16, notification of the city
and five-digit zip code of the offender's residency upon or after release from
a Department of Corrections facility, unless:
(1) the offender is not under
correctional supervision at the time of the victim's request;
(2) the commissioner or the commissioner's designee does not have the city or zip code; or
(3) the commissioner or the
commissioner's designee reasonably believes that disclosure of the city or zip
code of the offender's residency creates a risk to the victim, offender, or
public safety.
(e) Paragraph (d) applies only where the
offender is serving a prison term for a qualified domestic violence-related
offense committed against the victim seeking notification.
EFFECTIVE
DATE. This section is effective
January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 7, is amended to read:
Subd. 7. Continuance. (a) When it is in the best
interests of the child to do so and not inimical to public safety and
when the child has admitted the allegations contained in the petition before
the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly
proven but, in either case, before a finding of delinquency has been entered,
the court may continue the case for a period not to exceed 90 180
days on any one order. Such a
continuance may be extended for one additional successive period not to exceed
90 days and only after the court has reviewed the case and entered its order
for an additional continuance without a finding of delinquency. The continuance may be extended for one
additional successive period not to exceed 180 days, but only with the consent
of the prosecutor and only after the court has reviewed the case and entered
its order for the additional continuance without a finding of delinquency. During this a continuance the
court may enter an order in accordance with the provisions of subdivision 1, clause
(1) or (2) except clause (4), or enter an order to hold the child in
detention for a period not to exceed 15 days on any one order for the purpose
of completing any consideration, or any investigation or examination ordered in
accordance with the provisions of section 260B.157.
(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision. This subdivision does not extend the court's jurisdiction under section 260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to offenses committed on or after that
date.
Sec. 4. Minnesota Statutes 2012, section 299F.012, subdivision 2, is amended to read:
Subd. 2. Fire Service Advisory Committee. (a) The Fire Service Advisory Committee shall provide recommendations to the commissioner of public safety on fire service-related issues and shall consist of representatives of each of the following organizations: two appointed by the president of the Minnesota State Fire Chiefs Association, two appointed by the president of the Minnesota State Fire Department Association, two appointed by the president of the Minnesota Professional Fire Fighters, two appointed by the president of the League of Minnesota Cities, one appointed by the president of the Minnesota Association of Townships, one appointed by the president of the Insurance Federation of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the International Association of Arson Investigators and the Fire Marshals Association of Minnesota, and the commissioner of public safety or the commissioner's designee. The commissioner of public safety must ensure that at least three of the members of the advisory committee work and reside in counties outside of the seven-county metropolitan area. The committee shall provide funding recommendations to the commissioner of public safety from the fire safety fund for the following purposes:
(1) for the Minnesota Board of Firefighter Training and Education;
(2) for programs and staffing for the State Fire Marshal Division; and
(3) for fire-related regional response team programs and any other fire service programs that have the potential for statewide impact.
(b) The committee under paragraph (a) does
not expire.
Sec. 5. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision to read:
Subd. 6. Offender
location. (a) Upon the
victim's written or electronic request and if the victim and offender have been
household or family members as defined in section 518B.01, subdivision 2,
paragraph (b), the commissioner of corrections or the commissioner's designee
shall disclose to the victim of an offender convicted of a qualified domestic
violence-related offense as defined in section 609.02, subdivision 16,
notification of the city and five-digit zip code of the offender's residency
upon release from a Department of Corrections facility, unless:
(1)
the offender is not under correctional supervision at the time of the victim's
request;
(2) the commissioner or the
commissioner's designee does not have the city or zip code; or
(3) the commissioner or the
commissioner's designee reasonably believes that disclosure of the city or zip
code of the offender's residency creates a risk to the victim, offender, or
public safety.
(b) All identifying information
regarding the victim including, but not limited to, the notification provided
by the commissioner or the commissioner's designee is classified as private
data on individuals as defined in section 13.02, subdivision 12, and is
accessible only to the victim.
(c) This subdivision applies only where
the offender is serving a prison term for a qualified domestic violence-related
offense committed against the victim seeking notification.
EFFECTIVE
DATE. This section is
effective January 15, 2015.
Sec. 6. Minnesota Statutes 2012, section 645.241, is amended to read:
645.241
PUNISHMENT FOR PROHIBITED ACTS.
(a) Except as provided in paragraph (b), when the performance of any act is prohibited by a statute, and no penalty for the violation of the same shall be imposed in any statute, the doing of such act shall be a misdemeanor.
(b) When the performance of any act is
prohibited by a statute enacted or amended after September 1, 2014, and no
penalty for the violation of the same shall be imposed in any statute, the
doing of such act shall be a petty misdemeanor.
Sec. 7. Laws 2014, chapter 240, section 26, is amended to read:
Sec. 26. REPEALER.
Laws 2012, chapter 235, section 11, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 7
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; FEDERAL AID GRANTED
Section 1. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to read:
Subd. 5d. Local government. "Local government" has the
meaning given in Code of Federal Regulations, title 44, section
206.2 (2012).
Sec. 2. Minnesota Statutes 2012, section 12.03, is amended by adding a subdivision to read:
Subd. 6b. Nonfederal
share. "Nonfederal
share" has the meaning given in section 12A.02, subdivision 7.
Sec. 3. Minnesota Statutes 2012, section 12.221, subdivision 4, is amended to read:
Subd. 4. Subgrant agreements; state share. (a) The state director, serving as the governor's authorized representative, may enter into subgrant agreements with eligible applicants to provide federal and state financial assistance made available as a result of a disaster declaration.
(b) When state funds are used to
provide the FEMA Public Assistance Program cost-share requirement for a local
government, the state director must award a local government 100 percent of the
nonfederal share of the local government's FEMA Public Assistance Program
costs.
Sec. 4. Minnesota Statutes 2012, section 12.221, is amended by adding a subdivision to read:
Subd. 6. Disaster
assistance contingency account; appropriation. (a) A disaster assistance contingency
account is created in the special revenue fund in the state treasury. Money in the disaster assistance contingency
account is appropriated to the commissioner of public safety to provide:
(1) cost-share for federal assistance
under section 12A.15, subdivision 1; and
(2) state public disaster assistance to
eligible applicants under chapter 12B.
(b) For appropriations under paragraph
(a), clause (1), the amount appropriated is 100 percent of any nonfederal share
for state agencies and local governments.
Money appropriated under paragraph (a), clause (1), may be used to pay
all or a portion of the nonfederal share for publicly owned capital improvement
projects.
(c) For appropriations under paragraph
(a), clause (2), the amount appropriated is the amount required to pay eligible
claims under chapter 12B, as certified by the commissioner of public safety.
(d) By January 15 of each year, the
commissioner of management and budget shall submit a report to the chairs and
ranking minority members of the house of representatives Ways and Means
Committee and the senate Finance Committee detailing state disaster assistance
appropriations and expenditures under this subdivision during the previous
calendar year.
(e) The governor's budget proposal
submitted to the legislature under section 16A.11 must include recommended
appropriations to the disaster assistance contingency account. The governor's appropriation recommendations
must be informed by the commissioner of public safety's estimate of the amount
of money that will be necessary to:
(1) provide 100 percent of the
nonfederal share for state agencies and local governments that will receive
federal financial assistance from FEMA during the next biennium; and
(2) fully pay all eligible claims under
chapter 12B.
(f) Notwithstanding section 16A.28:
(1) funds appropriated or transferred
to the disaster assistance contingency account do not lapse but remain in the
account until appropriated; and
(2) funds appropriated from the
disaster assistance contingency account do not lapse and are available until
expended.
Sec. 5. Minnesota Statutes 2012, section 12A.02, subdivision 2, is amended to read:
Subd. 2. Appropriation. "Appropriation" means an appropriation provided in law specifically to implement this chapter, including but not limited to a statutory appropriation to provide the required cost-share for federal disaster assistance under section 12.221.
Sec. 6. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision to read:
Subd. 6. Local
government. "Local
government" has the meaning given in section 12.03, subdivision 5d.
Sec. 7. Minnesota Statutes 2012, section 12A.02, is amended by adding a subdivision to read:
Subd. 7. Nonfederal
share. "Nonfederal
share" means that portion of total FEMA Public Assistance Program costs
that is no more than 25 percent and is not eligible for FEMA reimbursement.
Sec. 8. Minnesota Statutes 2012, section 12A.03, subdivision 3, is amended to read:
Subd. 3. Nonduplication
of federal assistance. State
assistance may not duplicate or supplement eligible FEMA Public Assistance
Program assistance. For eligible Public
Assistance Program costs, any state matching cost-share money
made available for that assistance must be disbursed by the Department of
Public Safety to a state agency, local political subdivision, Indian tribe
government, or other applicant. State
assistance distributed by a state agency, other than the Department of Public
Safety, to a political subdivision local government or other
applicant for disaster costs that are eligible for FEMA Public Assistance
Program assistance constitutes an advance of funds. Such advances must be repaid to the
applicable state agency when the applicant has received the FEMA Public
Assistance Program assistance, and whatever state matching cost-share
money may be made available for that assistance, from the Department of Public
Safety.
Sec. 9. Minnesota Statutes 2012, section 12A.15, subdivision 1, is amended to read:
Subdivision 1. State match
cost-share for federal assistance.
State appropriations may be used for payment of the state match
for federal disaster assistance to pay 100 percent of the nonfederal
share for state agencies. If
authorized in law, state appropriations may be used to pay all or a portion of
the local share of the match for federal funds for political subdivisions and
local governments under section 12.221.
An appropriation from the bond proceeds fund may be used to fund
federal match obligations as cost-share for federal disaster assistance
for publicly owned capital improvement projects resulting from the receipt
of federal disaster assistance.
Sec. 10. Minnesota Statutes 2012, section 16A.28, is amended by adding a subdivision to read:
Subd. 9. Disaster
assistance. (a) The
commissioner of management and budget must transfer the unexpended and
unencumbered balance of a general fund disaster assistance appropriation that
expires as provided under this section or as
otherwise provided by law to the disaster assistance contingency account in
section 12.221, subdivision 6.
(b) Expired disaster assistance transferred
to the disaster assistance contingency account is appropriated as provided
under section 12.221, subdivision 6, regardless of the specific disaster event
or purpose for which the expired disaster assistance was originally
appropriated.
(c) The commissioner must report each
transfer to the chairs of the house of representatives Ways and Means Committee
and the senate Finance Committee.
(d)
For the purposes of this subdivision, "disaster assistance
appropriation" means an appropriation from the general fund to provide
cost-share required for federal disaster assistance or to provide other state
disaster assistance under chapter 12A or 12B.
Sec. 11. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 8
DISASTER ASSISTANCE FOR PUBLIC ENTITIES; ABSENT FEDERAL AID
Section 1.
[12B.10] PUBLIC DISASTER
ASSISTANCE; ABSENT FEDERAL AID.
This chapter establishes a state public
assistance program to provide cost-share assistance to local governments that
sustain significant damage on a per capita basis but are not eligible for
federal disaster assistance or corresponding state assistance under chapter
12A.
Sec. 2. [12B.15]
DEFINITIONS.
Subdivision 1. Application. The definitions in this section apply
to this chapter.
Subd. 2. Applicant. "Applicant" means a local
government that applies for state disaster assistance under this chapter.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of public safety.
Subd. 4. Director. "Director" means the director
of the Division of Homeland Security and Emergency Management in the Department
of Public Safety.
Subd. 5. Disaster. "Disaster" means any
catastrophe, including but not limited to a tornado, storm, high water,
wind-driven water, tidal wave, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought or, regardless of cause, any fire, flood, or
explosion.
Subd. 6. FEMA. "FEMA" means the Federal
Emergency Management Agency.
Subd. 7. Incident
period. "Incident
period" means the time interval of a disaster as delineated by specific
start and end dates.
Subd. 8. Local
government. "Local
government" has the meaning given in section 12.03, subdivision 5d.
Sec. 3. [12B.25]
ELIGIBILITY CRITERIA; CONSIDERATIONS.
Subdivision 1. Payment
required; eligibility criteria. The
director, serving as the governor's authorized representative, may enter into
grant agreements with eligible applicants to provide state financial assistance
made available as a result of a disaster that satisfies all of the following
criteria:
(1) the state or applicable local
government declares a disaster or emergency during the incident period;
(2) damages suffered and eligible costs
incurred are the direct result of the disaster;
(3)
federal disaster assistance is not available to the applicant because the
governor did not request a presidential declaration of major disaster, the
president denied the governor's request, or the applicant is not eligible for
federal disaster assistance because the state or county did not meet the per
capita impact indicator under FEMA's Public Assistance Program;
(4) the applicant incurred eligible
damages that, on a per capita basis, equal or exceed 50 percent of the
countywide per capita impact indicator under FEMA's Public Assistance Program;
(5) the applicant assumes
responsibility for 25 percent of the applicant's total eligible costs; and
(6) the applicant satisfies all
requirements in this chapter.
Subd. 2. Considerations; other resources
available. When evaluating
applicant eligibility under subdivision 1, the director must
consider:
(1) the availability of other resources
from federal, state, local, private, or other sources; and
(2) the availability or existence of
insurance.
Sec. 4. [12B.30]
ELIGIBLE COSTS.
Subdivision 1. Eligible
costs. Costs eligible for
payment under this chapter are those costs that would be eligible for federal
financial assistance under FEMA's Public Assistance Program.
Subd. 2. Ineligible costs. Ineligible costs are all costs not
included in subdivision 1, including but not limited to:
(1) ordinary operating expenses,
including salaries and expenses of employees and public officials that are not
directly related to the disaster response;
(2) costs for which payment has been or
will be received from any other funding source;
(3) disaster-related costs that should,
in the determination of the director, be covered and compensated by insurance;
and
(4) projects and claims totaling less
than the minimum FEMA project threshold.
Sec. 5. [12B.35]
APPLICANT'S SHARE.
An applicant's share of eligible costs
incurred must not be less than 25 percent.
The substantiated value of donated materials, equipment, services, and
labor may be used as all or part of the applicant's share of eligible costs,
subject to the following:
(1) all items and sources of donation
must be indicated on the application and any supporting documentation submitted
to the commissioner;
(2) the rate for calculating the value
of donated, nonprofessional labor is the prevailing federal minimum wage;
(3) the value of donated equipment may
not exceed the highway equipment rates approved by the commissioner of
transportation; and
(4)
the value of donated materials and professional services must conform to market
rates and be established by invoice.
Sec. 6. [12B.40]
APPLICATION PROCESS.
(a) The director must develop
application materials and may update the materials as needed. Application materials must include
instructions and requirements for assistance under this chapter.
(b) An applicant has 30 days from the
end of the incident period or the president's official denial of the governor's
request for a declaration of a major disaster to provide the director with
written notice of intent to apply. The director
may deny an application due to a late notice of intent to apply.
(c) Within 60 days after the end of the
incident period or the president's official denial of the governor's request
for a declaration of a major disaster, the applicant must submit a complete
application to the director. A complete
application includes the following:
(1) the cause, location of damage, and
incident period;
(2) documentation of a local, tribal,
county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an
initial damage assessment, and the amount of eligible costs incurred by the
applicant;
(4) a statement or evidence that the
applicant has the ability to pay for at least 25 percent of total eligible
costs incurred from the disaster; and
(5) a statement or evidence that the
local government has incurred damages equal to or exceeding 50 percent of the
federal countywide threshold in effect during the incident period.
(d) The director must review the
application and supporting documentation for completeness and may return the
application with a request for more detailed information. The director may consult with local public
officials to ensure the application reflects the extent and magnitude of the
damage and to reconcile any differences.
The application is not complete until the director receives all
requested information.
(e) If the director returns an
application with a request for more detailed information or for correction of
deficiencies, the applicant must submit all required information within 30 days
of the applicant's receipt of the director's request. The applicant's failure to provide the
requested information in a timely manner without a reasonable explanation may
be cause for denial of the application.
(f) The director has no more than 60
days from the receipt of a complete application to approve or deny the
application, or the application is deemed approved. If the director denies an application, the
director must send a denial letter. If
the director approves an application or the application is automatically deemed
approved after 60 days, the director must notify the applicant of the steps
necessary to obtain reimbursement of eligible costs, including submission of
invoices or other documentation substantiating the costs submitted for
reimbursement.
Sec. 7. [12B.45]
CLAIMS PROCESS.
Subdivision 1. Claims;
appeal. (a) An applicant must
submit to the director completed claims for payment of actual and eligible
costs on forms provided by the director.
All eligible costs claimed for payment must be documented and consistent
with the eligibility provisions of this chapter.
(b)
If the director denies an applicant's claim for payment, the applicant has 30
days from receipt of the director's determination to appeal in writing to the
commissioner. The appeal must include
the applicant's rationale for reversing the director's determination. The commissioner has 30 days from receipt of
the appeal to uphold or modify the director's determination and formally
respond to the applicant. If, within 30
days of receiving the commissioner's decision, the applicant notifies the
commissioner that the applicant intends to contest the commissioner's decision,
the Office of Administrative Hearings shall conduct a hearing under the
contested case provisions of chapter 14.
Subd. 2. Final
inspection. Upon completion
of all work by an applicant, the director may inspect all work claimed by the
applicant. The applicant must provide
the director with access to records pertaining to all claimed work and must
permit the director to review all records relating to the work.
Subd. 3. Closeout. The director must close out an
applicant's disaster assistance application after all of the following occur:
(1) eligible work is complete;
(2) the applicant receives the final
amount due or pays any amount owed under section 12B.50; and
(3) any extant or scheduled audits are
complete.
Subd. 4. Audit. (a) An applicant must account for all
funds received under this chapter in conformance with generally accepted
accounting principles and practices. The
applicant must maintain detailed records of expenditures to show that grants
received under this chapter were used for the purpose for which the payment was
made. The applicant must maintain
records for five years and make the records available for inspection and audit
by the director or the state auditor. The
applicant must keep all financial records for five years after the final
payment, including but not limited to all invoices and canceled checks or bank
statements that support all eligible costs claimed by the applicant.
(b) The director or state auditor may
audit all applicant records pertaining to an application or payment under this
chapter.
Subd. 5. Reporting
payments. The director must
post on the division Web site a list of the recipients and amounts of the
payments made under this chapter.
Sec. 8. [12B.50]
FUNDING FROM OTHER SOURCES; REPAYMENT REQUIRED.
If an applicant subsequently recovers
eligible costs from another source after receiving payment under this chapter,
the applicant must pay the commissioner an amount equal to the corresponding
state funds received within 30 days. The
commissioner must deposit any repayment in the disaster response contingency account
in section 12.221, subdivision 6.
Sec. 9. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 9
TRANSPORTATION APPROPRIATIONS
Section 1. Laws 2010, chapter 189, section 15, subdivision 12, is amended to read:
Subd. 12. Rochester
Maintenance Facility |
|
|
|
|
This appropriation is from the bond proceeds account in the trunk highway fund.
To prepare a site for and design, construct, furnish, and equip a new maintenance facility in Rochester.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Laws 2010, chapter 189, section 26, subdivision 4, is amended to read:
Subd. 4. Trunk
highway fund bond proceeds account. To
provide the money appropriated in this act from the bond proceeds account in
the trunk highway fund, the commissioner of management and budget shall sell
and issue bonds of the state in an amount up to $32,945,000 $31,452,000
in the manner, upon the terms, and with the effect prescribed by Minnesota
Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article
XIV, section 11, at the times and in the amounts requested by the commissioner
of transportation. The proceeds of the
bonds, except accrued interest and any premium received from the sale of the
bonds, must be credited to the bond proceeds account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Laws 2012, chapter 287, article 2, section 1, is amended to read:
Section 1.
ROCHESTER MAINTENANCE FACILITY.
$16,100,000 $17,593,000 is
appropriated to the commissioner of transportation to design, construct,
furnish, and equip the maintenance facility in Rochester and corresponding
remodeling of the existing district headquarters building. This appropriation is from the bond proceeds
account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Laws 2012, chapter 287, article 2, section 3, is amended to read:
Sec. 3. TRUNK
HIGHWAY FUND BOND PROCEEDS ACCOUNT.
To provide the money appropriated in this
article from the bond proceeds account in the trunk highway fund, the
commissioner of management and budget shall sell and issue bonds of the state
in an amount up to $16,120,000 $17,613,000 in the manner, upon
the terms, and with the effect prescribed by Minnesota Statutes, sections
167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11,
at the times and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued
interest and any premium received from the sale of the bonds, must be credited
to the bond proceeds account in the trunk highway fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Laws 2012, First Special Session chapter 1, article 1, section 28, is amended to read:
Sec. 28. TRANSFERS,
REDUCTIONS, CANCELLATIONS, AND BOND SALE AUTHORIZATIONS REDUCED.
(a) The remaining balance of the appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 7, for the economic development and housing challenge program, estimated to be $450,000, is transferred to the general fund.
(b) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 5, for Minnesota investment fund grants pursuant to Minnesota Statutes, section 12A.07, is reduced by $1,358,000.
(c) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 2, for disaster enrollment impact aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $30,000.
(d) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 3, for disaster relief facilities grants pursuant to Minnesota Statutes, section 12A.06, is reduced by $392,000.
(e) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 4, for disaster relief operating grants pursuant to Minnesota Statutes, section 12A.06, is reduced by $2,000.
(f) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 12, subdivision 5, for pupil transportation aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $5,000.
(g) The appropriation in Laws 2010, Second Special Session chapter 1, article 2, section 5, subdivision 3, for pupil transportation aid pursuant to Minnesota Statutes, section 12A.06, is reduced by $271,000.
(h) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 13, for public health activities pursuant to Minnesota Statutes, section 12A.08, is reduced by $103,000.
(i) $1,428,000 $534,000 of
the appropriation in Laws 2007, First Special Session chapter 2, article 1,
section 4, subdivision 3, for reconstruction and repair of trunk highways and
trunk highway bridges is canceled. The
bond sale authorization in Laws 2007, First Special Session chapter 2, article
1, section 15, subdivision 2, is reduced by $1,428,000 $534,000.
(j) $5,680,000 of the appropriation in Laws 2007, First Special Session chapter 2, article 1, section 4, subdivision 4, as amended by Laws 2008, chapter 289, section 2, for grants to local governments for capital costs related to rehabilitation and replacement of local roads and bridges damaged or destroyed by flooding pursuant to Minnesota Statutes, section 174.50, is canceled. The bond sale authorization in Laws 2007, First Special Session chapter 2, article 1, section 15, subdivision 3, is reduced by $5,680,000.
(k) $2,133,000 of the appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 4, subdivision 3, for local road and bridge rehabilitation and replacement pursuant to Minnesota Statutes, section 12A.16, subdivision 3, is canceled. The bond sale authorization in Laws 2010, Second Special Session chapter 1, article 1, section 17, subdivision 2, is reduced by $2,133,000.
(l) The appropriation in Laws 2010, Second Special Session chapter 1, article 1, section 4, subdivision 2, for state road infrastructure operations and maintenance pursuant to Minnesota Statutes, section 12A.16, subdivision 1, is reduced by $819,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Laws 2013, chapter 117, article 1, section 3, subdivision 2, is amended to read:
Subd. 2. Multimodal
Systems |
|
|
|
|
(a) Aeronautics
(1) Airport Development and Assistance |
|
|
|
|
This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.
The base appropriation for fiscal years 2016 and 2017 is $14,298,000 for each year.
Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five years after appropriation. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
For the current biennium, the commissioner
of transportation may establish different local contribution rates for airport
projects than those established in Minnesota Statutes, section 360.305,
subdivision 4.
(2) Aviation Support and Services |
|
6,386,000 |
|
6,386,000 |
Appropriations by Fund |
||
|
||
Airports |
5,286,000 |
5,286,000 |
Trunk Highway |
1,100,000 |
1,100,000 |
$65,000 in each year is from the state airports fund for the Civil Air Patrol.
(b) Transit |
|
17,226,000 |
|
|
Appropriations by Fund |
||
|
||
General |
16,451,000 |
|
Trunk Highway |
775,000 |
775,000 |
$100,000 in each year is from the general fund for the administrative expenses of the Minnesota Council on Transportation Access under Minnesota Statutes, section 174.285.
$78,000 in each year is from the general fund for grants to greater Minnesota transit providers as reimbursement for the costs of providing fixed route public transit rides free of charge under Minnesota Statutes, section 174.24, subdivision 7, for veterans certified as disabled.
$32,000
in the second year is from the general fund for allocation to public transit
systems under Minnesota Statutes, section 174.24, in amounts that reflect the
respective foregone fare revenues from transit service under article 11,
section 39.
The base appropriation from the general
fund for fiscal years 2016 and 2017 is $17,245,000 in each year.
(c) Passenger Rail |
|
500,000 |
|
500,000 |
This appropriation is from the general fund for passenger rail system planning, alternatives analysis, environmental analysis, design, and preliminary engineering under Minnesota Statutes, sections 174.632 to 174.636.
(d) Freight |
|
5,653,000 |
|
|
Appropriations by Fund |
||
|
||
General |
756,000 |
|
Trunk Highway |
4,897,000 |
4,897,000 |
$500,000 in the first year is from the general fund to pay for the department's share of costs associated with the cleanup of contaminated state rail bank property. This appropriation is available until expended.
$2,000,000 in the second year is from the
general fund for development and implementation of safety improvements at
highway-rail grade crossings along rail corridors in which oil or other
hazardous materials are transported. The
commissioner shall identify highway-rail grade crossing locations and
improvements in consultation with railroads and relevant road authorities. This is a onetime appropriation and is
available until expended.
(e) Safe Routes to School |
|
250,000 |
|
|
This appropriation is from the general fund for non-infrastructure activities in the safe routes to school program under Minnesota Statutes, section 174.40, subdivision 7a.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Laws 2013, chapter 117, article 1, section 3, subdivision 3, is amended to read:
Subd. 3. State
Roads |
|
|
|
|
(a) Operations and Maintenance |
|
|
|
|
$5,000,000 in each year is for accelerated
replacement of snow plowing equipment.
$10,000,000
in the first year is for expenses related to pavement repairs necessitated by
the effects of the 2013-2014 winter season.
The base appropriation for operations and
maintenance for fiscal years 2016 and 2017 is $267,395,000 in each year.
(b) Program Planning and Delivery |
|
206,795,000 |
|
|
Appropriations by Fund |
||
|
||
|
2014 |
2015 |
|
|
|
H.U.T.D. |
75,000 |
0 |
Trunk Highway |
206,720,000 |
|
The base appropriation for program
planning and delivery for fiscal years 2016 and 2017 is $206,720,000 in each
year.
$250,000 in each year is for the department's administrative costs for creation and operation of the Joint Program Office for Economic Development and Alternative Finance, including costs of hiring a consultant and preparing required reports.
$130,000 in each year is available for administrative costs of the targeted group business program.
$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.
$75,000 in each year is available for a transportation research contingent account to finance research projects that are reimbursable from the federal government or from other sources. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues. These grants are available: (1) to regional development commissions; (2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and (3) in regions where no regional development commission or joint powers board is functioning, to the department's district office for that region.
$75,000 in the first year is from the highway user tax distribution fund to the commissioner for a grant to the Humphrey School of Public Affairs at the University of Minnesota for WorkPlace
Telework program congestion relief efforts consisting of maintenance of Web site tools and content. This is a onetime appropriation and is available in the second year.
$120,000 in the second year is from the
trunk highway fund for the purpose of education and outreach related to highway
work zone safety initiatives. This is a
onetime appropriation.
(c) State Road Construction Activity |
|
|
|
|
(1) Economic Recovery Funds - Federal Highway Aid |
|
1,000,000 |
|
1,000,000 |
This appropriation is to complete projects using funds made available to the commissioner of transportation under title XII of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and implemented under Minnesota Statutes, section 161.36, subdivision 7. The base appropriation is $1,000,000 in fiscal year 2016 and $0 in fiscal year 2017.
(2) State Road Construction |
|
|
|
|
It is estimated that these appropriations will be funded as follows:
Appropriations by Fund |
||
|
||
Federal Highway Aid |
489,200,000 |
482,200,000 |
Highway User Taxes |
|
|
The commissioner of transportation shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance of any significant events that should cause these estimates to change.
This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities. This includes the cost of actual payment to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.
The base appropriation for state road
construction for fiscal years 2016 and 2017 is $645,000,000 $645,505,000
in each year.
$10,000,000 in each year is for the
transportation economic development program under Minnesota Statutes, section
174.12. This appropriation is
available until expended.
The commissioner may expend up to one-half of one percent of the federal appropriations under this clause as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction.
The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund.
The commissioner may receive money covering other shares of the cost of partnership projects. These receipts are appropriated to the commissioner for these projects.
Notwithstanding subdivision 6 and the
restrictions on the use of trunk highway funds in Minnesota Statutes, section
165.15, the commissioner may transfer up to $6,000,000 from the trunk highway
fund under this appropriation to the Stillwater lift bridge endowment account
under Minnesota Statutes, section 165.15.
$6,500,000 in the first year and
$25,000,000 in the second year are for the corridors of commerce program under
Minnesota Statutes, section 161.088, and may include right-of-way acquisition
for projects included in the program. The
amount appropriated in the first year is for projects located outside of a
metropolitan county, as defined in Minnesota Statutes, section 473.121,
subdivision 4. The commissioner may
identify projects based on the most recent selection process or may perform a
new selection. These are onetime
appropriations and are available until expended.
$14,000,000 in the first year and
$21,000,000 in the second year are for the specific improvements to "Old
Highway 14" described in the settlement agreement and release executed
January 7, 2014, between the state and Steele and Waseca Counties. These are onetime appropriations and are
available until expended.
$505,000 in the second year is for costs
of implementing highway work zone safety initiatives. The base appropriation for this purpose is
$505,000 in each of fiscal years 2016 and 2017.
(d) Highway Debt Service |
|
158,417,000 |
|
189,821,000 |
$148,917,000 in the first year and $180,321,000 in the second year are for transfer to the state bond fund. If an appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget shall notify the senate Committee on Finance and the house of representatives Committee on Ways and Means of the amount of the deficiency and shall then transfer that amount under the statutory open appropriation. Any excess appropriation cancels to the trunk highway fund.
(e) Electronic Communications |
|
5,171,000 |
|
5,171,000 |
Appropriations by Fund |
||
|
||
General |
3,000 |
3,000 |
Trunk Highway |
5,168,000 |
5,168,000 |
The general fund appropriation is to equip and operate the Roosevelt signal tower for Lake of the Woods weather broadcasting.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Laws 2013, chapter 117, article 1, section 3, subdivision 6, is amended to read:
Subd. 6. Transfers
|
|
|
|
|
(a) With the approval of the commissioner of management and budget, the commissioner of transportation may transfer unencumbered balances among the appropriations from the trunk highway fund and the state airports fund made in this section. No transfer may be made from the appropriations for state road construction or for debt service. Transfers under this paragraph may not be made between funds. Transfers under this paragraph must be reported immediately to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance.
(b) The commissioner shall transfer from the flexible highway account in the county state-aid highway fund: (1) $5,700,000 in the first year and $21,000,000 in the second year to the trunk highway fund; (2) $13,000,000 in the first year to the municipal turnback account in the municipal state-aid street fund; (3) $10,000,000 in the second year to the municipal turnback account in the municipal state-aid street fund; and (4) the remainder in each year to the county turnback account in the county state-aid highway fund. The funds transferred are for highway turnback purposes as provided under Minnesota Statutes, section 161.081, subdivision 3.
Sec. 9. Laws 2013, chapter 117, article 1, section 4, is amended to read:
Sec. 4. METROPOLITAN
COUNCIL |
|
$107,889,000 |
|
$ |
This appropriation is from the general fund for transit system operations under Minnesota Statutes, sections 473.371 to 473.449.
The base appropriation for fiscal years 2016
and 2017 is $76,686,000 $76,626,000 in each year.
$37,000,000 in the first year is for the Southwest Corridor light rail transit line from the Hiawatha light rail transit line in downtown Minneapolis to Eden Prairie, to be used for environmental studies, preliminary engineering, acquisition of real property, or interests in real property, and design. This is a onetime appropriation and is available until expended.
$500,000
in the second year is for transit shelter improvements under Minnesota
Statutes, section 473.41. This is a
onetime appropriation.
$144,000 in the second year is for
foregone fare revenues from transit service under article 11, section 39. The Metropolitan Council shall allocate a portion
of the funds under this appropriation to transit providers receiving financial
assistance under Minnesota Statutes, section 473.388, based on respective
foregone fare revenues. This is a
onetime appropriation.
$250,000 in the second year is for allocation
to replacement service providers operating under Minnesota Statutes, section
473.388. This is a onetime
appropriation.
$1,000,000 in the second year is for
arterial bus rapid transit development, which may include, but is not limited
to, design, engineering, construction, capital costs, technology, equipment,
and rolling stock. This is a onetime
appropriation and is available until expended.
$1,000,000 in the second year is for
design and construction of a bus rapid transit station on interstate 35W and
Lake Street. This is a onetime
appropriation and is available until expended.
Sec. 10. Laws 2013, chapter 117, article 1, section 5, subdivision 2, is amended to read:
Subd. 2. Administration
and Related Services |
|
|
|
|
(a) Office of Communications |
|
504,000 |
|
504,000 |
Appropriations by Fund |
||
|
||
General |
111,000 |
111,000 |
Trunk Highway |
393,000 |
393,000 |
(b) Public Safety Support |
|
8,439,000 |
|
|
Appropriations by Fund |
||
|
||
General |
3,467,000 |
|
H.U.T.D. |
1,366,000 |
1,366,000 |
Trunk Highway |
3,606,000 |
3,606,000 |
$380,000 in each year is from the general fund for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
$1,367,000 in each year is from the general fund to be deposited in the public safety officer's benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465.
$600,000 in each year is from the general fund and $100,000 in each year is from the trunk highway fund for soft body armor reimbursements under Minnesota Statutes, section 299A.38.
$792,000 in each year is from the general fund for transfer by the commissioner of management and budget to the trunk highway fund on December 31, 2013, and December 31, 2014, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for general fund purposes in the administration and related services program.
$610,000 in each year is from the highway user tax distribution fund for transfer by the commissioner of management and budget to the trunk highway fund on December 31, 2013, and December 31, 2014, respectively, in order to reimburse the trunk highway fund for expenses not related to the fund. These represent amounts appropriated out of the trunk highway fund for highway user tax distribution fund purposes in the administration and related services program.
$716,000 in each year is from the highway user tax distribution fund for transfer by the commissioner of management and budget to the general fund on December 31, 2013, and December 31, 2014, respectively, in order to reimburse the general fund for expenses not related to the fund. These represent amounts appropriated out of the general fund for operation of the criminal justice data network related to driver and motor vehicle licensing.
Before January 15, 2015, the commissioner of public safety shall review the amounts and purposes of the transfers under this paragraph and shall recommend necessary changes to the legislative committees with jurisdiction over transportation finance.
$60,000 in the second year is from the
general fund for light rail safety oversight under Minnesota Statutes, section
299A.017. The base appropriation from
the general fund for this purpose in fiscal years 2016 and 2017 is $60,000 each
year.
(c) Technology and Support Service |
|
3,685,000 |
|
3,685,000 |
Appropriations by Fund |
||
|
||
General |
1,322,000 |
1,322,000 |
H.U.T.D. |
19,000 |
19,000 |
Trunk Highway |
2,344,000 |
2,344,000 |
Sec. 11. Laws 2013, chapter 117, article 1, section 5, subdivision 3, is amended to read:
Subd. 3. State
Patrol |
|
|
|
|
(a) Patrolling Highways |
|
72,522,000 |
|
|
Appropriations by Fund |
||
|
||
General |
37,000 |
37,000 |
H.U.T.D. |
92,000 |
92,000 |
Trunk Highway |
72,393,000 |
|
$5,949,000 in the second year is from the
trunk highway fund to recruit, hire, train at the State Patrol Academy, equip,
and provide salary for 48 troopers.
The base appropriation from the trunk
highway fund is $77,893,000 in each of fiscal years 2016 and 2017.
(b) Commercial Vehicle Enforcement |
|
7,796,000 |
|
7,796,000 |
(c) Capitol Security |
|
4,355,000 |
|
|
This appropriation is from the general fund.
$1,250,000 in each year 2014 and
$3,250,000 in 2015 and each subsequent year is to implement the
recommendations of the advisory committee on Capitol Area Security under
Minnesota Statutes, section 299E.04, including the creation of an emergency
manager position under Minnesota Statutes, section 299E.01, subdivision 2, and
an increase in the number of State Patrol troopers and other security officers
assigned to the Capitol complex.
The commissioner may not: (1) spend any money from the trunk highway fund for capitol security; or (2) permanently transfer any state trooper from the patrolling highways activity to capitol security.
The commissioner may not transfer any money appropriated to the commissioner under this section: (1) to capitol security; or (2) from capitol security.
(d) Vehicle Crimes Unit |
|
693,000 |
|
693,000 |
This appropriation is from the highway user tax distribution fund.
This appropriation is to investigate: (1) registration tax and motor vehicle sales tax liabilities from individuals and businesses that currently do not pay all taxes owed; and (2) illegal or improper activity related to sale, transfer, titling, and registration of motor vehicles.
Sec. 12. Laws 2013, chapter 117, article 1, section 5, subdivision 4, is amended to read:
Subd. 4. Driver
and Vehicle Services |
|
|
|
|
(a) Vehicle Services |
|
27,909,000 |
|
|
Appropriations by Fund |
||
|
||
Special Revenue |
19,673,000 |
|
H.U.T.D. |
8,236,000 |
8,236,000 |
The special revenue fund appropriation is from the vehicle services operating account.
$650,000 in each year is from the special revenue fund for seven additional positions to enhance customer service related to vehicle title issuance.
$521,000 in the second year is from the special revenue fund for the vehicle services portion of a new telephone system and is for transfer to the Office of Enterprise Technology for construction and development of the system. This is a onetime appropriation and is available until expended.
$23,000 in the second year is from the
special revenue fund for expenses related to the task force on motor vehicle
insurance coverage verification. This is
a onetime appropriation.
The base appropriation from the special
revenue fund is $27,909,000 $19,673,000 for fiscal year 2016 and $27,909,000
$19,673,000 for fiscal year 2017.
(b) Driver Services |
|
28,749,000 |
|
|
Appropriations by Fund |
||
|
||
Special Revenue |
28,748,000 |
|
Trunk Highway |
1,000 |
1,000 |
The special revenue fund appropriation is from the driver services operating account.
$71,000 in the second year is from the special revenue fund for one additional position related to facial recognition.
$279,000 in the second year is from the special revenue fund for the driver services portion of a new telephone system and is for transfer to the Office of Enterprise Technology for construction and development of the system. This is a onetime appropriation and is available until expended.
$37,000 in the first year and $33,000 in the second year are from the special revenue fund for one half-time position to assist with the Novice Driver Improvement Task Force under Minnesota Statutes, section 171.0701, subdivision 1a. The base appropriation for this position is $6,000 in fiscal year 2016 and $0 in fiscal year 2017.
$67,000 in the second year is from the special revenue fund for one new position to administer changes to the ignition interlock program. The base appropriation for this position in fiscal years 2016 and 2017 is $62,000 in each year.
$23,000 in the second year is from the
special revenue fund for expenses related to the task force on motor vehicle
insurance coverage verification. This is
a onetime appropriation.
$816,000 in the second year is from the
special revenue fund for 12 new positions to implement improved driving skill
examination scheduling. The base
appropriation for these positions is $759,000 in fiscal year 2016 and $774,000
in fiscal year 2017.
The base appropriation from the special
revenue fund is $28,851,000 $29,609,000 for fiscal year 2016 and $28,845,000
$29,618,000 for fiscal year 2017.
Sec. 13. TRANSFER;
RAILROAD AND PIPELINE SAFETY.
On or before July 31, 2014, the
commissioner of management and budget shall transfer $1,574,000 from the
general fund to the railroad and pipeline safety account in the special revenue
fund under Minnesota Statutes, section 299A.55.
This is a onetime transfer.
ARTICLE 10
RAILROAD AND PIPELINE SAFETY
Section 1. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 6a. Incident
commander. "Incident
commander" means the official at the site of a discharge who has the
responsibility for operations at the site, as established following National
Incident Management System guidelines.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 7a. Listed
sensitive area. "Listed
sensitive area" means an area or location listed as an area of special
economic or environmental importance in an Area Contingency Plan or a Sub-Area
Contingency Plan prepared under the federal Clean Water Act, United States
Code, title 33, section 1321(j)(4).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 115E.01, is amended by adding a subdivision to read:
Subd. 11d. Unit
train. "Unit train"
means a train with more than 25 tanker railcars carrying oil or hazardous
substance cargo.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [115E.042]
PREPAREDNESS AND RESPONSE FOR CERTAIN RAILROADS.
Subdivision 1. Application. In addition to the requirements of
section 115E.04, a person who owns or operates railroad car rolling stock
transporting a unit train must comply with this section.
Subd. 2. Training. (a) Each railroad must offer training
to each fire department having jurisdiction along the route of unit trains. Initial training under this subdivision must
be offered to each fire department by June 30, 2016, and refresher training
must be offered to each fire department at least once every three years
thereafter.
(b) The training must address the
general hazards of oil and hazardous substances, techniques to assess hazards
to the environment and to the safety of responders and the public, factors an
incident commander must consider in determining whether to attempt to suppress
a fire or to evacuate the public and emergency responders from an area, and
other strategies for initial response by local emergency responders. The training must include suggested protocol
or practices for local responders to safely accomplish these tasks.
Subd. 3. Coordination. Beginning June 30, 2015, each railroad
must communicate at least annually with each county or city emergency manager,
safety representatives of railroad employees governed by the Railway Labor Act,
and a senior fire department officer of each fire department having
jurisdiction along the route of a unit train, to ensure coordination of
emergency response activities between the railroad and local responders.
Subd. 4. Response
capabilities; time limits. (a)
Following confirmation of a discharge, a railroad must deliver and deploy
sufficient equipment and trained personnel to contain and recover discharged
oil or hazardous substances and to protect the environment and public safety.
(b) Within one hour of confirmation of
a discharge, a railroad must provide a qualified company employee to advise the
incident commander. The employee may be
made available by telephone, and must be authorized to deploy all necessary
response resources of the railroad.
(c) Within three hours of confirmation
of a discharge, a railroad must be capable of delivering monitoring equipment
and a trained operator to assist in protection of responder and public safety. A plan to ensure delivery of monitoring
equipment and an operator to a discharge site must be provided each year to the
commissioner of public safety.
(d) Within three hours of confirmation
of a discharge, a railroad must provide qualified personnel at a discharge site
to assess the discharge and to advise the incident commander.
(e)
A railroad must be capable of deploying containment boom from land across sewer
outfalls, creeks, ditches, and other places where oil or hazardous substances
may drain, in order to contain leaked material before it reaches those
resources. The arrangement to provide
containment boom and staff may be made by:
(1) training and caching equipment with
local jurisdictions;
(2) training and caching equipment with
a fire mutual-aid group;
(3) means of an industry cooperative or
mutual-aid group;
(4) deployment of a contractor;
(5) deployment of a response
organization under state contract; or
(6) other dependable means acceptable
to the Pollution Control Agency.
(f) Each arrangement under paragraph
(e) must be confirmed each year. Each
arrangement must be tested by drill at least once every five years.
(g) Within eight hours of confirmation
of a discharge, a railroad must be capable of delivering and deploying
containment boom, boats, oil recovery equipment, trained staff, and all other
materials needed to provide:
(1) on-site containment and recovery of
a volume of oil equal to ten percent of the calculated worst case discharge at
any location along the route; and
(2) protection of listed sensitive
areas and potable water intakes within one mile of a discharge site and within
eight hours of water travel time downstream in any river or stream that the
right-of-way intersects.
(h) Within 60 hours of confirmation of
a discharge, a railroad must be capable of delivering and deploying additional
containment boom, boats, oil recovery equipment, trained staff, and all other
materials needed to provide containment and recovery of a worst case discharge
and to protect listed sensitive areas and potable water intakes at any location
along the route.
Subd. 5. Railroad
drills. Each railroad must
conduct at least one oil containment, recovery, and sensitive area protection
drill every three years, at a location and time chosen by the Pollution Control
Agency, and attended by safety representatives of railroad employees governed
by the Railway Labor Act.
Subd. 6. Prevention
and response plans. (a) By
June 30, 2015, a railroad shall submit the prevention and response plan
required under section 115E.04, as necessary to comply with the requirements of
this section, to the commissioner of the Pollution Control Agency on a form
designated by the commissioner.
(b) By June 30 of every third year
following a plan submission under this subdivision, a railroad must update and
resubmit the prevention and response plan to the commissioner.
EFFECTIVE
DATE. Subdivisions 1 to 3 and
6 are effective the day following final enactment. Subdivisions 4 and 5 are effective July 1,
2015.
Sec. 5. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision to read:
Subd. 3a. Railroad
preparedness; pollution control. The
Pollution Control Agency shall carry out environmental protection activities
related to railroad discharge preparedness.
Duties under this subdivision include, but are not limited to:
(1) assisting local emergency managers
and fire officials in understanding the hazards of oil and hazardous
substances, as well as general strategies for containment and environmental
protection;
(2) assisting railroads to identify
natural resources and sensitive areas, and to devise strategies to contain and
recover oil and hazardous substances from land and waters along routes;
(3) facilitating cooperation between
railroads for mutual aid arrangements that provide training, staff, and
equipment as required by this chapter;
(4) participating in drills and training
sessions;
(5) reviewing each railroad's
prevention and response plan for compliance with the requirements of this
chapter, and assessing each railroad's readiness to protect the environment;
(6) conducting inspections and drills
as necessary to determine the railroad's compliance with the requirements of
this chapter and ability to protect the environment;
(7) conducting follow-up corrective
action directives, orders, and enforcement as necessary based on a finding of
inadequate environmental protection preparedness; and
(8) soliciting involvement and advice
concerning preparedness activities and requirements from safety representatives
of railroad employees governed by the Railway Labor Act.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 115E.08, is amended by adding a subdivision to read:
Subd. 3b. Railroad
and pipeline preparedness; public safety.
The commissioner of public safety shall carry out public safety
protection activities related to railroad and pipeline spill and discharge
preparedness. Duties under this
subdivision include, but are not limited to:
(1) assisting local emergency managers
and fire officials to understand the hazards of oil and hazardous substances,
as well as general strategies for hazard identification, initial isolation, and
other actions necessary to ensure public safety;
(2) assisting railroads and pipeline
companies to develop suggested protocols and practices for local first responder
use in protecting the public's safety;
(3) facilitating cooperation between
railroads, pipeline companies, county and city emergency managers, and other
public safety organizations;
(4) participating in major exercises
and training sessions;
(5) assisting local units of government
to incorporate railroad and pipeline hazard and response information into local
emergency operations plans;
(6)
monitoring the public safety-related training and planning requirements of
section 115E.03; and
(7) referring noncompliance with
section 115E.03 to the Pollution Control Agency.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 219.015, subdivision 1, is amended to read:
Subdivision 1. Position
Positions established; duties. (a)
The commissioner of transportation shall establish a position of three
state rail safety inspector positions in the Office of Freight and
Commercial Vehicle Operations of the Minnesota Department of Transportation. On or after July 1, 2015, the commissioner
may establish a fourth state rail safety inspector position following
consultation with railroad companies.
The commissioner shall apply to and enter into agreements with
the Federal Railroad Administration (FRA) of the United States Department of
Transportation to participate in the federal State Rail Safety Partnership
Participation Program for training and certification of an inspector
under authority of United States Code, title 49, sections 20103, 20105, 20106,
and 20113, and Code of Federal Regulations, title 49, part 212.
The (b) A state rail safety
inspector shall inspect mainline track, secondary track, and yard and industry
track; inspect railroad right-of-way, including adjacent or intersecting
drainage, culverts, bridges, overhead structures, and traffic and other public
crossings; inspect yards and physical plants; review and enforce safety requirements;
review maintenance and repair records; and review railroad security measures.
(c) A state rail safety inspector may
perform, but is not limited to, the duties described in the federal State Rail
Safety Participation Program. An
inspector may train, be certified, and participate in any of the federal State
Rail Safety Participation Program disciplines, including: track, signal and train control, motive power
and equipment, operating practices compliance, hazardous materials, and
highway-rail grade crossings.
(d) To the extent delegated by the
Federal Railroad Administration and authorized by the commissioner, the
an inspector may issue citations for
violations of this chapter, or to ensure railroad employee and public safety
and welfare.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 219.015, subdivision 2, is amended to read:
Subd. 2. Railroad
company assessment; account; appropriation.
(a) As provided in this subdivision, the commissioner shall
annually assess railroad companies that are (1) defined as common carriers
under section 218.011,; (2) classified by federal law or
regulation as Class I Railroads, or Class I Rail Carriers, Class
II Railroads, or Class II Carriers; and (3) operating in this state,.
(b) The assessment must be by a
division of state rail safety inspector program costs in equal
proportion between carriers based on route miles operated in Minnesota,
assessed in equal amounts for 365 days of the calendar year. The commissioner shall assess all start-up or
re-establishment costs, and all related costs of initiating the state
rail safety inspector program beginning July 1, 2008. The, and ongoing state rail
inspector duties must begin and be assessed on January 1, 2009.
(c) The assessments must be deposited
in a special account in the special revenue fund, to be known as the state rail
safety inspection account. Money in the
account is appropriated to the commissioner and may be expended to cover the
costs incurred for the establishment and ongoing responsibilities of the
state rail safety inspector program.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. [299A.55]
RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS MATERIALS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b) "Applicable rail carrier"
means a railroad company that is subject to an assessment under section
219.015, subdivision 2.
(c) "Hazardous substance" has
the meaning given in section 115B.02, subdivision 8.
(d) "Oil" has the meaning
given in section 115E.01, subdivision 8.
(e) "Pipeline company" means
any individual, partnership, association, or public or private corporation who
owns and operates pipeline facilities and is required to show specific
preparedness under section 115E.03, subdivision 2.
Subd. 2. Railroad
and pipeline safety account. (a)
A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided
to the account.
(b) $104,000 is annually appropriated
from the railroad and pipeline safety account to the commissioner of the
Pollution Control Agency for environmental protection activities related to
railroad discharge preparedness under chapter 115E.
(c) Following the appropriation in
paragraph (b), the remaining money in the account is annually appropriated to
the commissioner of public safety for the purposes specified in subdivision 3.
Subd. 3. Allocation
of funds. (a) Subject to
funding appropriated for this subdivision, the commissioner shall provide funds
for training and response preparedness related to (1) derailments, discharge
incidents, or spills involving trains carrying oil or other hazardous
substances, and (2) pipeline discharge incidents or spills involving oil or
other hazardous substances.
(b) The commissioner shall allocate
available funds as follows:
(1) $100,000 annually for emergency
response teams; and
(2) the remaining amount to the Board
of Firefighter Training and Education under section 299N.02 and the Division of
Homeland Security and Emergency Management.
(c) Prior to making allocations under
paragraph (b), the commissioner shall consult with the Fire Service Advisory
Committee under section 299F.012, subdivision 2.
(d)
The commissioner and the entities identified in paragraph (b), clause (2),
shall prioritize uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge
incidents or spills;
(3) geographic balance; and
(4) recommendations of the Fire Service
Advisory Committee.
(e)
The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include,
but are not limited to, training curriculum, trainers, trainee overtime salary,
other personnel overtime salary, and tuition;
(2) costs of gear and equipment related
to hazardous materials readiness, response, and management, which may include,
but are not limited to, original purchase, maintenance, and replacement;
(3) supplies related to the uses under
clauses (1) and (2); and
(4) emergency preparedness planning and
coordination.
(f) Notwithstanding paragraph (b),
clause (2), from funds in the railroad and pipeline safety account provided for
the purposes under this subdivision, the commissioner may retain a balance in
the account for budgeting in subsequent fiscal years.
Subd. 4. Assessments. (a) The commissioner of public safety
shall annually assess $2,500,000 to railroad and pipeline companies based on
the formula specified in paragraph (b). The
commissioner shall deposit funds collected under this subdivision in the
railroad and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is
50 percent of the total annual assessment amount, divided in equal proportion
between applicable rail carriers based on route miles operated in Minnesota. The assessment for each pipeline company is
50 percent of the total annual assessment amount, divided in equal proportion
between companies based on the yearly aggregate gallons of oil and hazardous
substance transported by pipeline in Minnesota.
(c) The assessments under this subdivision
expire July 1, 2017.
Sec. 10. IMPROVEMENTS
STUDY ON GRADE CROSSINGS AND RAIL SAFETY FOR OIL AND OTHER HAZARDOUS MATERIALS
TRANSPORTATION.
(a) The commissioner of transportation
shall conduct a study on highway-rail grade crossing improvement for oil and
other hazardous materials transported by rail, and on rail safety. At a minimum, the study must:
(1) provide information that assists in
risk management associated with transportation of oil and other hazardous
materials by rail;
(2) develop criteria to prioritize needs
and improvements at highway-rail grade crossings;
(3) consider alternatives for safety
improvements, including but not limited to active warning devices such as gates
and signals, closings, and grade separation;
(4) provide findings and recommendations
that serve to direct accelerated investments in highway-rail grade crossing
safety improvements; and
(5) analyze state inspection activities
and staffing for track and hazardous materials under Minnesota Statutes,
section 219.015.
(b) The commissioner shall submit an
interim update on the study by August 31, 2014, and a final report by October
31, 2014, to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. REPORTS
ON INCIDENT PREPAREDNESS FOR OIL TRANSPORTATION.
Subdivision 1. Report
on response preparedness. By
January 15, 2015, the commissioner of public safety shall submit a report on
emergency response preparedness in the public and private sectors for incidents
involving transportation of oil to the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation and public
safety policy and finance. At a minimum,
the report must:
(1) summarize the preparedness and
emergency response framework in the state;
(2) provide an assessment of costs and
needs of fire departments and other emergency first responders for training and
equipment to respond to discharge or spill incidents involving transportation
of oil;
(3) develop a comprehensive public and
private response capacity inventory that, to the extent feasible, includes
statewide identification of major emergency response equipment, equipment
staging locations, mutual aid agreements, and capacities across industries
involved in transportation and storage of oil;
(4) provide information and analysis
that forms the basis for allocation of funds under Minnesota Statutes, section
299A.55;
(5) develop benchmarks or assessment
criteria for the evaluation under subdivision 2;
(6) assist in long-range oil
transportation incident preparedness planning; and
(7) make recommendations for any
legislative changes.
Subd. 2. Evaluation
of response preparedness and funding.
By January 15, 2017, the commissioner of public safety shall
submit an evaluation of safety preparedness and funding related to incidents
involving transportation of oil to the chairs and ranking minority members of
the legislative committees with jurisdiction over transportation and public
safety policy and finance. At a minimum,
the evaluation must:
(1) provide an update to the report
under subdivision 1 that identifies notable changes and provides updated
information as appropriate;
(2) evaluate the effectiveness of
training and response preparedness activities under Minnesota Statutes, section
299A.55, using the criteria established under subdivision 1, clause (5);
(3) identify current sources of funds,
funding levels, and any unfunded needs for preparedness activities;
(4) analyze equity in the distribution
of funding sources for preparedness activities, which must include but is not
limited to (i) examination of the public-private partnership financing model,
and (ii) review of balance across industries involved in storage and
distribution of oil; and
(5) make recommendations for any
programmatic or legislative changes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 11
TRANSPORTATION FINANCE PROVISIONS
Section 1. Minnesota Statutes 2012, section 161.14, is amended by adding a subdivision to read:
Subd. 78. Trooper
Glen Skalman Memorial Highway. That
segment of signed U.S. Highway 61 from the intersection with signed U.S. Highway
8 in Forest Lake to the intersection with 260th Street in Wyoming is designated
as "Trooper Glen Skalman Memorial Highway." Subject to section 161.139, the commissioner
shall adopt a suitable design to mark this highway and erect appropriate signs
in the vicinity of the location where Trooper Skalman died.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 165.15, subdivision 2, is amended to read:
Subd. 2. Use of funds. (a) Income derived from the investment of principal in the account may be used by the commissioner of transportation for operations and routine maintenance of the Stillwater lift bridge, including bridge safety inspections and reactive repairs. No money from this account may be used for any purposes except those described in this section, and no money from this account may be transferred to any other account in the state treasury without specific legislative authorization. Any money transferred from the trunk highway fund may only be used for trunk highway purposes. For the purposes of this section:
(1) "Income" is the amount of interest on debt securities and dividends on equity securities. Any gains or losses from the sale of securities must be added to the principal of the account.
(2) "Routine maintenance" means activities that are predictable and repetitive, but not activities that would constitute major repairs or rehabilitation.
(b) Investment management fees incurred by the State Board of Investment are eligible expenses for reimbursement from the account.
(c) The commissioner of transportation has authority to approve or deny expenditures of funds in the account.
Sec. 3. [168.1299]
MINNESOTA GOLF PLATES.
Subdivision 1. Issuance. Notwithstanding section 168.1293, the
commissioner shall issue special Minnesota golf plates or a single motorcycle
plate to an applicant who:
(1) is a registered owner of a
passenger automobile, one-ton pickup truck, motorcycle, or recreational
vehicle;
(2) pays a fee of $10 and any other
fees required by this chapter;
(3) contributes a minimum of $30
annually after January 1, 2017, to the Minnesota Section PGA Foundation
account; and
(4) complies with this chapter and
rules governing registration of motor vehicles and licensing of drivers.
Subd. 2. Design. After consultation with the Minnesota
Section PGA and the Minnesota Golf Association, the commissioner shall design
the special plate.
Subd. 3. Plates
transfer. On payment of a fee
of $5, plates issued under this section may be transferred to another passenger
automobile, one-ton pickup truck, motorcycle, or other recreational vehicle
registered to the individual to whom the special plates were issued.
Subd. 4. Fees. Fees collected under subdivision 1,
clause (2), and subdivision 3 are credited to the vehicle services operating
account in the special revenue fund.
Subd. 5. Contributions. Contributions collected under
subdivision 1, clause (3), are credited first to the commissioner of public
safety for the cost of administering the Minnesota Section PGA Foundation
account, which is established in the special revenue fund. After the commissioner's administration costs
are paid each year, remaining contributions are credited to the Minnesota
Section PGA Foundation account. Money in
the account is appropriated to the commissioner of public safety for
distribution to the Minnesota Section PGA Foundation, to be used to enhance and
promote the game of golf throughout Minnesota.
EFFECTIVE
DATE. Subdivisions 1 to 4 are
effective January 1, 2015, for special Minnesota golf plates issued on or after
that date. Subdivision 5 is effective
January 1, 2017.
Sec. 4. Minnesota Statutes 2012, section 169.011, is amended by adding a subdivision to read:
Subd. 95. Work
zone. "Work zone"
means a segment of street or highway for which:
(1) a road authority or its agent is
constructing, reconstructing, or maintaining the physical structure of the
roadway, which may include, but is not limited to, shoulders, features adjacent
to the roadway, and utilities and highway appurtenances, whether underground or
overhead; and
(2) any of the following applies:
(i) official traffic-control devices
that indicate the segment of street or highway under construction,
reconstruction, or maintenance, are erected;
(ii) one or more lanes of traffic are
closed;
(iii) a flagger under section 169.06,
subdivision 4a, is present;
(iv) a construction zone speed limit
under section 169.14, subdivision 4, is established; or
(v) a workers present speed limit under
section 169.14, subdivision 5d, is in effect.
EFFECTIVE
DATE. This section is
effective August 1, 2014.
Sec. 5. Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:
Subd. 4. Obedience
to traffic-control signal or flagger authorized persons;
presumptions. (a) The driver of any
vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter,
unless otherwise directed by a police officer or by a flagger authorized under
this subdivision, subject to the exceptions granted the driver of an authorized
emergency vehicle in this chapter.
(b) No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(e) A flagger in a designated work zone
may stop vehicles and hold vehicles in place until it is safe for the vehicles
to proceed. A person operating a motor
vehicle that has been stopped by a flagger in a designated work zone may
proceed after stopping only on instruction by the flagger.
(f) An overdimensional load escort
driver with a certificate issued under section 299D.085, while acting as a
flagger escorting a legal overdimensional load, may stop vehicles and hold
vehicles in place until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by an escort driver acting as a flagger may proceed only on
instruction by the flagger or a police officer.
(g) (f) A person may stop
and hold vehicles in place until it is safe for the vehicles to proceed, if the
person: (1) holds a motorcycle road
guard certificate issued under section 171.60; (2) meets the safety and
equipment standards for operating under the certificate; (3) is acting as a
flagger escorting a motorcycle group ride; (4) has notified each statutory or
home rule charter city through which the motorcycle group is proceeding; and
(5) has obtained consent from the chief of police, or the chief's designee, of
any city of the first class through which the group is proceeding. A flagger operating as provided under this
paragraph may direct operators of motorcycles within a motorcycle group ride or
other vehicle traffic, notwithstanding any contrary indication of a
traffic-control device, including stop signs or traffic-control signals. A person operating a vehicle that has been
stopped by a flagger under this paragraph may proceed only on instruction by
the flagger or a police officer.
EFFECTIVE
DATE. This section is
effective August 1, 2014.
Sec. 6. Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision to read:
Subd. 4a. Obedience
to work zone flagger; violation, penalty.
(a) A flagger in a work zone may stop vehicles and hold vehicles
in place until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a work zone may proceed after stopping only on
instruction by the flagger or a police officer.
(b) A person convicted of operating a
motor vehicle in violation of a speed limit in a work zone, or any other
provision of this section while in a work zone, shall be required to pay a fine
of $300. This fine is in addition to the
surcharge under section 357.021, subdivision 6.
(c) If a motor vehicle is operated in
violation of paragraph (a), the owner of the vehicle, or for a leased motor
vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and is
subject to a fine as provided in paragraph (b).
The owner or lessee may not be fined under this paragraph if (1) another
person is convicted for that violation, or (2) the motor vehicle was stolen at
the time of the violation. This
paragraph does not apply to a lessor of a motor vehicle if the lessor keeps a
record of the name and address of the lessee.
(d)
Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
operator for violating paragraph (a).
(e) A violation under paragraph (c)
does not constitute grounds for revocation or suspension of a driver's license.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to violations committed on or after that
date.
Sec. 7. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
Subd. 5d. Speed zoning
limit in work zone; surcharge when workers present. (a) Notwithstanding subdivision 2 and
subject to subdivision 3, the speed limit on a road having an established speed
limit of 50 miles per hour or greater is adjusted to 45 miles per hour in a
work zone when (1) at least one lane or portion of a lane of traffic is closed
in either direction, and (2) workers are present. A speed in excess of the adjusted speed limit
is unlawful.
(b) Paragraph (a) does not apply to a
segment of road in which:
(1) positive barriers are placed
between workers and the traveled portion of the highway;
(2) the work zone is in place for less
than 24 hours;
(3) a different speed limit for the
work zone is determined by the road authority following an engineering and
traffic investigation and based on accepted engineering practice; or
(4) a different speed limit for the
work zone is established by the road authority under paragraph (c).
(c) The commissioner, on trunk
highways and temporary trunk highways, and local authorities, on streets and
highways under their jurisdiction, may authorize the use of reduced maximum
speed limits in highway work zones.
The commissioner or local authority is not required to conduct when
workers are present, without an engineering and traffic investigation before
authorizing a reduced speed limit in a highway work zone required. The work zone speed limit must not reduce
the speed limit on the affected street or highway by more than:
(b) The minimum highway work zone speed
limit is 20 miles per hour. The work
zone speed limit must not reduce the established speed limit on the affected
street or highway by more than 15 miles per hour, except that the highway work
zone speed limit must not exceed 40 miles per hour. The commissioner or local authority shall
post the limits of the work zone. Highway
work zone speed limits are effective on erection of appropriate regulatory
speed limit signs. The signs must be
removed or covered when they are not required.
A speed greater than the posted highway work zone speed limit is unlawful.
(c) Notwithstanding paragraph (b), on
divided highways the commissioner or local authority may establish a highway
work zone speed limit that does not exceed 55 miles per hour.
(d) Notwithstanding paragraph (b), on
two-lane highways having one lane for each direction of travel with a posted
speed limit of 60 miles per hour or greater, the commissioner or local
authority may establish a highway work zone speed limit that does not exceed 40
miles per hour.
(e) For purposes of this subdivision,
"highway work zone" means a segment of highway or street where a road
authority or its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, its shoulders, or features adjacent to the
roadway, including underground and overhead utilities and highway
appurtenances, when workers are present.
(f) Notwithstanding section 609.0331 or
609.101 or other law to the contrary, a person who violates a speed limit
established under this subdivision, or who violates any other provision of this
section while in a highway work zone, is
assessed an additional surcharge equal to the amount of the fine imposed for
the speed violation, but not less than $25.
(1)
20 miles per hour on a street or highway having an established speed limit of
55 miles per hour or greater; and
(2) 15 miles per hour on a street or
highway having an established speed limit of 50 miles per hour or less.
(d)
A work zone speed limit under paragraph (c) is effective on erection of
appropriate regulatory speed limit signs.
The signs must be removed or covered when they are not required. A speed in excess of the posted work zone
speed limit is unlawful.
(e) For any speed limit under this
subdivision, a road authority shall erect signs identifying the speed limit and
indicating the beginning and end of the speed limit zone.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to violations committed on or after that
date.
Sec. 8. Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision to read:
Subd. 6a. Work zone speed limit violations. A person convicted of operating a motor vehicle in violation of a speed limit in a work zone, or any other provision of this section while in a work zone, shall be required to pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision 6.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to violations committed on or after that
date.
Sec. 9. Minnesota Statutes 2012, section 169.305, subdivision 1, is amended to read:
Subdivision 1. Entrance and exit; crossover; use regulations; signs; rules. (a) No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.
(b) When special crossovers between the
main roadways of a controlled-access highway are provided for emergency
vehicles or maintenance equipment and such crossovers are signed to prohibit
"U" turns, it shall be unlawful for any vehicle, except an emergency
vehicle, maintenance equipment, or construction equipment including
contractor's and state-owned equipment when operating within a marked
construction zone, or a vehicle operated by a commercial vehicle inspector
of the Department of Public Safety, to use such crossover. Vehicles owned and operated by elderly and
needy persons under contract with the commissioner of transportation pursuant
to section 160.282 for maintenance services on highway rest stop and tourist
centers outside the seven-county metropolitan area as defined in section
473.121, may also use these crossovers while those persons are proceeding to or
from work in the rest area or tourist center if authorized by the commissioner,
and the vehicle carries on its roof a distinctive flag designed and issued by
the commissioner. For the purposes of
this clause "emergency vehicle" includes a tow truck or towing
vehicle if it is on the way to the location of an accident or a disabled
vehicle.
(c) The commissioner of transportation may by order, and any public authority may by ordinance, with respect to any controlled-access highway under their jurisdictions prohibit or regulate the use of any such highway by pedestrians, bicycles, or other nonmotorized traffic, or by motorized bicycles, or by any class or kind of traffic which is found to be incompatible with the normal and safe flow of traffic.
(d) The commissioner of transportation or the public authority adopting any such prohibitory rules shall erect and maintain official signs on the controlled-access highway on which such rules are applicable and when so erected no person shall disobey the restrictions stated on such signs.
Sec. 10. Minnesota Statutes 2012, section 169.826, is amended by adding a subdivision to read:
Subd. 7. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 11. Minnesota Statutes 2012, section 169.8261, is amended by adding a subdivision to read:
Subd. 3. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 12. Minnesota Statutes 2012, section 169.86, subdivision 5, is amended to read:
Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with respect to highways under the commissioner's jurisdiction, may charge a fee for each permit issued. The fee for an annual permit that expires by law on the date of the vehicle registration expiration must be based on the proportion of the year that remains until the expiration date. Unless otherwise specified, all fees for permits issued by the commissioner of transportation must be deposited in the state treasury and credited to the trunk highway fund. Except for those annual permits for which the permit fees are specified elsewhere in this chapter, the fees are:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued for like loads carried on a specific route for a period not to exceed two months. "Like loads" means loads of the same product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:
(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety or well-being of the public;
(2) motor vehicles that travel on interstate highways and carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826, subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section 169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(d) $120 for an oversize annual permit to be issued for a period not to exceed 12 consecutive months. Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling and transporting waterfront structures, including, but not limited to, portable boat docks and boat lifts;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer only while operating on twin-trailer routes designated under section 169.81, subdivision 3, paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in section 169.81, subdivision 3, paragraph (e).
(e) For vehicles that have axle weights exceeding the weight limitations of sections 169.823 to 169.829, an additional cost added to the fees listed above. However, this paragraph applies to any vehicle described in section 168.013, subdivision 3, paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in that paragraph, and then the additional cost is for all weight, including the allowance weight, in excess of the permitted maximum axle weight. The additional cost is equal to the product of the distance traveled times the sum of the overweight axle group cost factors shown in the following chart:
|
Overweight Axle Group Cost Factors |
|
|||
|
|
|
|||
|
|
Cost Per Mile For Each Group Of: |
|||
|
|
|
|||
|
Weight (pounds) exceeding weight limitations on axles |
|
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 14 feet or less |
0-2,000 |
|
.12 |
.05 |
.04 |
|
2,001-4,000 |
|
.14 |
.06 |
.05 |
|
4,001-6,000 |
|
.18 |
.07 |
.06 |
|
6,001-8,000 |
|
.21 |
.09 |
.07 |
|
8,001-10,000 |
|
.26 |
.10 |
.08 |
|
10,001-12,000 |
|
.30 |
.12 |
.09 |
|
12,001-14,000 |
|
Not permitted |
.14 |
.11 |
|
14,001-16,000 |
|
Not permitted |
.17 |
.12 |
|
16,001-18,000 |
|
Not permitted |
.19 |
.15 |
|
18,001-20,000 |
|
Not permitted |
Not permitted |
.16 |
|
20,001-22,000 |
|
Not permitted |
Not permitted |
.20 |
|
The amounts added are rounded to the nearest cent for each axle or axle group. The additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed in addition to the normal permit fee. Miles must be calculated based on the distance already traveled in the state plus the distance from the point of detection to a transportation loading site or unloading site within the state or to the point of exit from the state.
(f) As an alternative to paragraph (e), an annual permit may be issued for overweight, or oversize and overweight, mobile cranes; construction equipment, machinery, and supplies; implements of husbandry; and commercial boat hauling. The fees for the permit are as follows:
If the gross weight of the vehicle is more than 155,000 pounds the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set forth in section 169.80 by more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) when the permit is issued while seasonal load restrictions pursuant to section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 pounds.
(i) $300 for a motor vehicle described in section 169.8261. The fee under this paragraph must be deposited as follows:
(1) the first $50,000 in each fiscal year must be deposited in the trunk highway fund for costs related to administering the permit program and inspecting and posting bridges; and
(2) all remaining money in each fiscal year must be deposited in the bridge inspection and signing account as provided under subdivision 5b.
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 13. Minnesota Statutes 2012, section 169.863, is amended by adding a subdivision to read:
Subd. 3. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 14. Minnesota Statutes 2012, section 169.865, subdivision 1, is amended to read:
Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of six or more axles to haul raw or unprocessed agricultural products and be operated with a gross vehicle weight of up to:
(1) 90,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826, subdivision 1.
(b) Notwithstanding subdivision 3, paragraph (a), clause (4), a vehicle or combination of vehicles operated under this subdivision and transporting only sealed intermodal containers may be operated on an interstate highway if allowed by the United States Department of Transportation.
(c) The fee for a permit issued under this subdivision is $300, or a proportional amount as provided in section 169.86, subdivision 5.
EFFECTIVE
DATE. This section is effective
November 30, 2016, and applies to permits issued on and after that date.
Sec. 15. Minnesota Statutes 2012, section 169.865, subdivision 2, is amended to read:
Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit authorizing a vehicle or combination of vehicles with a total of seven or more axles to haul raw or unprocessed agricultural products and be operated with a gross vehicle weight of up to:
(1) 97,000 pounds; and
(2) 99,000 pounds during the period set by the commissioner under section 169.826, subdivision 1.
(b) Drivers of vehicles operating under this subdivision must comply with driver qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code of Federal Regulations, title 49, parts 40 and 382.
(c) The fee for a permit issued under this subdivision is $500, or a proportional amount as provided in section 169.86, subdivision 5.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 16. Minnesota Statutes 2012, section 169.865, is amended by adding a subdivision to read:
Subd. 5. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 17. Minnesota Statutes 2012, section 169.866, subdivision 3, is amended to read:
Subd. 3. Permit fee; appropriation. Vehicle permits issued under subdivision 1 must be annual permits. The fee is $850 for each vehicle, or a proportional amount as provided in section 169.86, subdivision 5, and must be deposited in the trunk highway fund. An amount sufficient to administer the permit program is appropriated from the trunk highway fund to the commissioner for the costs of administering the permit program.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 18. Minnesota Statutes 2012, section 169.866, is amended by adding a subdivision to read:
Subd. 4. Expiration
date. Upon request of the
permit applicant, the expiration date for a permit issued under this section
must be the same as the expiration date of the permitted vehicle's
registration.
EFFECTIVE
DATE. This section is
effective November 30, 2016, and applies to permits issued on and after that
date.
Sec. 19. Minnesota Statutes 2012, section 171.02, subdivision 3, is amended to read:
Subd. 3. Motorized bicycle. (a) A motorized bicycle may not be operated on any public roadway by any person who does not possess a valid driver's license, unless the person has obtained a motorized bicycle operator's permit or motorized bicycle instruction permit from the commissioner of public safety. The operator's permit may be issued to any person who has attained the age of 15 years and who has passed the examination prescribed by the commissioner. The instruction permit may be issued to any person who has attained the age of 15 years and who has successfully completed an approved safety course and passed the written portion of the examination prescribed by the commissioner.
(b) This course must consist of, but is not limited to, a basic understanding of:
(1) motorized bicycles and their limitations;
(2) motorized bicycle laws and rules;
(3) safe operating practices and basic operating techniques;
(4) helmets and protective clothing;
(5) motorized bicycle traffic strategies; and
(6) effects of alcohol and drugs on motorized bicycle operators.
(c) The commissioner may adopt rules prescribing the content of the safety course, examination, and the information to be contained on the permits. A person operating a motorized bicycle under a motorized bicycle permit is subject to the restrictions imposed by section 169.974, subdivision 2, on operation of a motorcycle under a two-wheel instruction permit.
(d) The fees for motorized bicycle operator's permits are as follows:
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$9.75 |
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Renewal permit age 21 or older and valid for four years |
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$15.75 |
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Duplicate of any renewal permit |
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$5.25 |
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Written examination and instruction permit, valid for 30 days |
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$6.75 |
Sec. 20. Minnesota Statutes 2012, section 171.06, subdivision 2, is amended to read:
Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows:
Classified Driver's License |
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D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$36.25 |
Classified Under-21 D.L. |
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D-$17.25 |
C-$21.25 |
B-$28.25 |
A-$16.25 |
Enhanced Driver's License |
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D-$32.25 |
C-$36.25 |
B-$43.25 |
A-$51.25 |
Instruction Permit |
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$5.25 |
Enhanced Instruction Permit |
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$20.25 |
Commercial Learner's Permit |
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$2.50
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Provisional License |
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$8.25 |
Enhanced Provisional License |
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$23.25 |
Duplicate License or duplicate identification card |
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$6.75 |
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Enhanced Duplicate License or enhanced duplicate identification card |
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$21.75 |
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Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a |
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$11.25 |
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Enhanced Minnesota identification card |
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$26.25 |
In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016. Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.
(b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.
(c) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.
(d) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.
(e) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the same amount as a driver's license agent under section 171.061, subdivision 4. Revenue collected under this paragraph must be deposited in the driver services operating account.
(f) An
application for a Minnesota identification card, instruction permit,
provisional license, or driver's license, including an application for renewal,
must contain a provision that allows the applicant to add to the fee under
paragraph (a), a $2 donation for the purposes of public information and
education on anatomical gifts under section 171.075.
Sec. 21. Minnesota Statutes 2012, section 171.13, subdivision 1, is amended to read:
Subdivision 1. Examination subjects and locations; provisions for color blindness, disabled veterans. (a) Except as otherwise provided in this section, the commissioner shall examine each applicant for a driver's license by such agency as the commissioner directs. This examination must include:
(1) a test of the applicant's eyesight;
(2) a test of the applicant's ability to read and understand highway signs regulating, warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil transportation safety, including the significance of school bus lights, signals, stop arm, and passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and dangers of carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), no driver's license may be denied an applicant on the exclusive grounds that the applicant's eyesight is deficient in color perception. War veterans operating motor vehicles especially equipped for disabled persons, if otherwise entitled to a license, must be granted such license.
(c) The commissioner shall make provision for giving the examinations under this subdivision either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant.
(d) The commissioner shall ensure that
an applicant is able to obtain an appointment for an examination to demonstrate
ability under paragraph (a), clause (4), within 14 days of the applicant's
request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.
EFFECTIVE
DATE. This section is
effective May 1, 2015.
Sec. 22. [171.161]
COMMERCIAL DRIVER'S LICENSE; FEDERAL CONFORMITY.
Subdivision 1. Conformity
with federal law. The
commissioner of public safety shall ensure the programs and policies related to
commercial drivers' licensure and the operation of commercial motor vehicles in
Minnesota conform with the requirements of Code of Federal Regulations, title
49, part 383.
Subd. 2. Conflicts. To the extent a requirement of
sections 171.162 to 171.169, or any other state or local law, conflicts with a
provision of Code of Federal Regulations, title 49, part 383, the federal
provision prevails.
Sec. 23. Minnesota Statutes 2012, section 174.02, is amended by adding a subdivision to read:
Subd. 10. Products and services; billing. The commissioner of transportation may bill operations units of the department for costs of centrally managed products or services that benefit multiple operations units. These costs may include equipment acquisition and rental, labor, materials, and other costs determined by the commissioner. Receipts must be credited to the special products and services account, which is established in the trunk highway fund, and are appropriated to the commissioner to pay the costs for which the billings are made.
Sec. 24. Minnesota Statutes 2013 Supplement, section 174.12, subdivision 2, is amended to read:
Subd. 2. Transportation economic development accounts. (a) A transportation economic development account is established in the special revenue fund under the budgetary jurisdiction of the legislative committees having jurisdiction over transportation finance. Money in the account may be expended only as appropriated by law. The account may not contain money transferred or otherwise provided from the trunk highway fund.
(b) A transportation economic development
account is established in the trunk highway fund. The account consists of funds donated,
allotted, transferred, or otherwise provided to the account. Money in the account may be used only for
trunk highway purposes. All funds in the
account available prior to August 1, 2013, are available until expended.
Sec. 25. Minnesota Statutes 2013 Supplement, section 174.42, subdivision 2, is amended to read:
Subd. 2. Funding
requirement. In each federal fiscal
year, the commissioner shall obtain a total amount in federal authorizations
for reimbursement on transportation alternatives projects that is equal to or
greater than the annual average of federal authorizations on transportation
alternatives projects calculated over the preceding four federal fiscal
years 2010 to 2012.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to authorizations for
federal fiscal year 2015 and subsequent federal fiscal years.
Sec. 26. Minnesota Statutes 2012, section 174.56, subdivision 1, is amended to read:
Subdivision 1. Report
required. (a) The commissioner of
transportation shall submit a report by December 15 of each year on (1) the
status of major highway projects completed during the previous two years or
under construction or planned during the year of the report and for the ensuing
15 years, and (2) trunk highway fund expenditures,
and (3) beginning with the report due in 2016, efficiencies achieved during the
previous two fiscal years.
(b) For purposes of this section, a "major highway project" is a highway project that has a total cost for all segments that the commissioner estimates at the time of the report to be at least (1) $15,000,000 in the metropolitan highway construction district, or (2) $5,000,000 in any nonmetropolitan highway construction district.
Sec. 27. [219.375]
RAILROAD YARD LIGHTING.
Subdivision 1. Lighting
status reports submitted by railroad common carriers. By January 15 of each year, each Class
I and Class II railroad common carrier that operates one or more railroad yards
in this state, where, between sunset and sunrise, cars or locomotives are
frequently switched, repaired, or inspected, or where trains are assembled and
disassembled, shall submit to the commissioner of transportation a plan that:
(1) identifies all railroad yards
operated by the railroad where the described work is frequently accomplished
between sunset and sunrise;
(2) describes the nature and placement
of lighting equipment currently in use in the yard and the maintenance status
and practices regarding this equipment;
(3) states whether the lighting meets
or exceeds guidelines for illumination established by the American Railway
Engineering and Maintenance-of-Way Association;
(4) describes whether existing lighting
is installed and operated in a manner consistent with energy conservation,
glare reduction, minimization of light pollution, and preservation of the
natural night environment; and
(5)
identifies plans and timelines to bring into compliance railroad yards that do
not utilize and maintain lighting equipment that meets or exceeds the standards
and guidelines under clauses (3) and (4), or states any reason why the
standards and guidelines should not apply.
Subd. 2. Maintenance
of lighting equipment. A
railroad common carrier that is required to file a report under subdivision 1
shall maintain all railroad yard lighting equipment in good working order and
shall repair or replace any malfunctioning equipment within 48 hours after the
malfunction has been reported to the carrier.
Repairs must be made in compliance with, or to exceed the standards in,
the Minnesota Electrical Code and chapter 326B.
Subd. 3. Lighting
status reports submitted by worker representative. By January 15 of each year, the union
representative of the workers at each railroad yard required to submit a report
under subdivision 1 shall submit to the commissioner of transportation a report
that:
(1) describes the nature and placement
of lighting equipment currently in use in the yard and maintenance status and
practices regarding the equipment;
(2) describes the level of maintenance
of lighting equipment and the carrier's promptness in responding to reports of
lighting malfunction;
(3) states whether the available
lighting is adequate to provide safe working conditions for crews working at
night; and
(4) describes changes in the lighting
equipment and its adequacy that have occurred since the last previous worker
representative report.
Subd. 4. Commissioner
response. The commissioner
shall review the reports submitted under subdivisions 1 and 3. The commissioner shall investigate any
discrepancies between lighting status reports submitted under subdivisions 1
and 3, and shall report findings to the affected yard's owner and worker
representative. The commissioner shall
annually advise the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over
transportation budget and policy as to the content of the reports submitted,
discrepancies investigated, the progress achieved by the railroad common
carriers towards achieving the standards and guidelines under clauses (3) and
(4), and any recommendations for legislation to achieve compliance with the
standards and guidelines within a reasonable period of time.
Subd. 5. Required
lighting. By December 31,
2015, a railroad common carrier shall establish lighting that meets the
standards and guidelines under subdivision 1, clauses (3) and (4), at each
railroad yard where:
(1) between sunset and sunrise:
(i) locomotives, or railcars carrying
placarded hazardous materials, are frequently switched, repaired, or inspected;
or
(ii) trains with more than 25 tanker
railcars carrying placarded hazardous materials are assembled and disassembled;
and
(2) the yard is located within two
miles of a petroleum refinery having a crude oil production capacity of 150,000
or more barrels per day.
Sec. 28. Minnesota Statutes 2012, section 222.50, subdivision 7, is amended to read:
Subd. 7. Expenditures. (a) The commissioner may expend money from the rail service improvement account for the following purposes:
(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;
(2) to pay a portion of the costs of capital improvement projects designed to improve rail service of a rail user or a rail carrier;
(3) to pay a portion of the costs of rehabilitation projects designed to improve rail service of a rail user or a rail carrier;
(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;
(5) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;
(6) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;
(7) to pay the state matching portion of
federal grants for rail-highway grade crossing improvement projects; and
(8) for expenditures made before July 1,
2017, to pay the state matching portion of grants under the federal
Transportation Investment Generating Economic Recovery (TIGER) program of the
United States Department of Transportation; and
(9) to fund rail planning studies.
(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.
Sec. 29. Minnesota Statutes 2013 Supplement, section 297A.815, subdivision 3, is amended to read:
Subd. 3.
Motor vehicle lease sales tax
revenue. (a) For purposes of this
subdivision, "net revenue" means an amount equal to:
(1) the revenues, including interest
and penalties, collected under this section, during the fiscal year; less
(2) in fiscal year 2011, $30,100,000; in
fiscal year 2012, $31,100,000; and in fiscal year 2013 and following fiscal
years, $32,000,000 in each fiscal year.
(b) On or before June 30 of each fiscal year,
the commissioner of revenue shall estimate the amount of the revenues and
subtraction under paragraph (a) net revenue for the current fiscal
year.
(c) On or after July 1 of the subsequent fiscal year, the commissioner of management and budget shall transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:
(1) $9,000,000 annually until January 1, 2016
2015, and 50 percent annually thereafter to the county state-aid highway
fund. Notwithstanding any other law to
the contrary, the commissioner of transportation shall allocate the funds
transferred under this clause to the counties in the metropolitan area, as
defined in section 473.121,
subdivision 4, excluding the counties of Hennepin and Ramsey, so that each county shall receive of such amount the percentage that its population, as defined in section 477A.011, subdivision 3, estimated or established by July 15 of the year prior to the current calendar year, bears to the total population of the counties receiving funds under this clause; and
(2) the remainder to the greater Minnesota transit account.
Sec. 30. [299A.017]
STATE SAFETY OVERSIGHT.
Subdivision 1. Office
created. The commissioner of
public safety shall establish an Office of State Safety Oversight in the
Department of Public Safety for safety oversight of rail fixed guideway public
transportation systems within the state.
The commissioner shall designate a director of the office.
Subd. 2. Authority. The director shall implement and has
regulatory authority to enforce the requirements for the state set forth in
United States Code, title 49, sections 5329 and 5330, federal regulations
adopted pursuant to those sections, and successor or supplemental requirements.
Sec. 31. [473.4056]
LIGHT RAIL TRANSIT VEHICLE DESIGN.
Subdivision 1. Adoption
of standards. (a) By January
1, 2015, the Metropolitan Council shall adopt and may thereafter amend
standards for the design of light rail vehicles that are reasonably necessary
to provide access for, and to protect the health and safety of, persons who use
the service. All light rail transit
vehicles procured on and after January 1, 2015, must conform to the standards
then in effect.
(b) The Transportation Accessibility
Advisory Committee must review the standards and all subsequent amendments
before the Metropolitan Council adopts them.
(c) The Metropolitan Council shall post
adopted standards, including amendments, on its Web site.
Subd. 2. Minimum
standards. Standards adopted
under this section must include, but are not limited to:
(1) two dedicated spaces for wheelchair
users in each car;
(2) seating for a companion adjacent to
at least two wheelchair-dedicated spaces; and
(3) further specifications that meet or
exceed the standards established in the Americans with Disabilities Act.
Sec. 32. [473.41]
TRANSIT SHELTERS AND STOPS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Transit authority"
means:
(1) a statutory or home rule charter
city, with respect to rights-of-way at bus stop and train stop locations,
transit shelters, and transit passenger seating facilities owned by the city or
established pursuant to a vendor contract with the city;
(2) the Metropolitan Council, with
respect to transit shelters and transit passenger seating facilities owned by
the council or established pursuant to a vendor contract with the council; or
(3)
a replacement service provider under section 473.388, with respect to
rights-of-way at bus stop and train stop locations, transit shelters, and
transit passenger seating facilities owned by the provider or established
pursuant to a vendor contract with the provider.
(c) "Transit shelter" means a
wholly or partially enclosed structure provided for public use as a waiting
area in conjunction with light rail transit, bus rapid transit, or regular
route transit.
Subd. 2. Design. (a) A transit authority shall
establish design specifications for establishment and replacement of its
transit shelters, which must include:
(1) engineering standards, as
appropriate;
(2) maximization of protection from the
wind, snow, and other elements;
(3) to the extent feasible, inclusion
of warming capability at each shelter in which there is a proportionally high
number of transit service passenger boardings; and
(4) full accessibility for the elderly
and persons with disabilities.
(b) The council shall consult with the Transportation Accessibility Advisory Committee.
Subd. 3. Maintenance. A transit authority shall ensure
transit shelters are maintained in good working order and are accessible to all
users of the transit system. This
requirement includes but is not limited to:
(1) keeping transit shelters reasonably
clean and free from graffiti; and
(2) removing snow and ice in a manner
that provides accessibility for the elderly and persons with disabilities to be
able to enter and exit transit shelters, and board and exit trains at each
stop.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. TRANSPORTATION
EFFICIENCIES.
The commissioner of transportation
shall include in the report under Minnesota Statutes, section 174.56, due by
December 15, 2015, information on efficiencies implemented in fiscal year 2015
in planning and project management and delivery, along with an explanation of
the efficiencies employed to achieve the savings and the methodology used in
the calculations. The level of savings
achieved must equal, in comparison with the total state road construction
budget for that year, a minimum of five percent in fiscal year 2015. The report must identify the projects that
have been advanced or completed due to the implementation of efficiency
measures.
Sec. 34. WATERCRAFT
DECONTAMINATION SITES; REST AREAS.
Where feasible with existing resources,
the commissioners of natural resources and transportation shall cooperate in an
effort to use rest areas as sites for watercraft decontamination and other
activities to prevent the spread of aquatic invasive species.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. HIGHWAY
14 TURNBACK.
(a) Notwithstanding Minnesota Statutes,
sections 161.081, subdivision 3, and 161.16, or any other law to the contrary,
the commissioner of transportation may:
(1) by temporary order, take over the
road described as "Old Highway 14" in the settlement agreement and
release executed January 7, 2014, between the state and Waseca and Steele Counties;
and
(2) upon completion of the work
described in the settlement agreement, release "Old Highway 14" back
to Steele and Waseca Counties.
(b) Upon completion of the work
described in the settlement agreement between the state and Waseca and Steele
Counties, the counties shall accept responsibility for the road described in
the agreement as "Old Highway 14."
Sec. 36. EVALUATION
OF CERTAIN TRUNK HIGHWAY SPEED LIMITS.
Subdivision 1. Engineering
and traffic investigations. The
commissioner of transportation shall perform engineering and traffic
investigations on trunk highway segments that are two-lane, two-way roadways
with a posted speed limit of 55 miles per hour.
On determining upon the basis of the investigation that the 55 miles per
hour speed limit can be reasonably and safely increased under the conditions
found to exist on any of the trunk highway segments examined, the commissioner
may designate an increased limit applicable to those segments and erect
appropriate signs designating the speed limit.
The new speed limit shall be effective when the signs are erected. Of all the roadways to be studied under this
section, approximately one-fifth must be subject to investigation each year
until the statewide study is complete in 2019.
Subd. 2. Report. By January 15 annually, the
commissioner shall provide to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over
transportation policy and finance a list of trunk highways or segments of trunk
highways that were subject to an engineering and safety investigation in the
previous calendar year, specifying in each case the applicable speed limits
before and after the investigation.
EFFECTIVE
DATE. This section is
effective the day following final enactment and expires on the earlier of
January 15, 2019, or the date the final report is submitted to the legislative
committees under this section.
Sec. 37. TASK
FORCE ON MOTOR VEHICLE INSURANCE COVERAGE VERIFICATION.
Subdivision 1. Establishment. The task force on motor vehicle
insurance coverage verification is established to review and evaluate
approaches to insurance coverage verification and recommend legislation to
create and fund a program in this state.
Subd. 2. Membership;
meetings; staff. (a) The task
force shall be composed of 13 members, who must be appointed by July 1, 2014,
and who serve at the pleasure of their appointing authorities:
(1) the commissioner of public safety
or a designee;
(2) the commissioner of commerce or a
designee;
(3) two members of the house of
representatives, one appointed by the speaker of the house and one appointed by
the minority leader;
(4)
two members of the senate, one appointed by the Subcommittee on Committees of
the Committee on Rules and Administration and one appointed by the minority
leader;
(5) a representative of Minnesota
Deputy Registrars Association;
(6) a representative of AAA Minnesota;
(7) a representative of AARP Minnesota;
(8) a representative of the Insurance
Federation of Minnesota;
(9) a representative of the Minnesota
Bankers Association;
(10) a representative of the Minnesota
Bar Association; and
(11) a representative of the Minnesota
Police and Peace Officers Association.
(b) Compensation and expense reimbursement
must be as provided under Minnesota Statutes, section 15.059, subdivision 3, to
members of the task force.
(c) The commissioner of public safety
shall convene the task force by August 1, 2014, and shall appoint a chair from
the membership of the task force. Staffing
and technical assistance must be provided by the Department of Public Safety.
Subd. 3. Duties. The task force shall review and
evaluate programs established in other states as well as programs proposed by
third parties, identify one or more programs recommended for implementation in
this state, and, as to the recommended programs, adopt findings concerning:
(1) comparative costs of programs;
(2) implementation considerations, and
in particular, identifying the appropriate supervising agency and assessing
compatibility with existing and planned computer systems;
(3) effectiveness in verifying
existence of motor vehicle insurance coverage;
(4) identification of categories of
authorized users;
(5) simplicity of access and use for
authorized users;
(6) data privacy considerations;
(7) data retention policies; and
(8) statutory changes necessary for
implementation.
Subd. 4. Report. By February 1, 2015, the task force
must submit to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with primary jurisdiction
over commerce and transportation its written recommendations, including any
draft legislation necessary to implement the recommendations.
Subd. 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. COMMUNITY
DESTINATION SIGN PILOT PROGRAM.
Subdivision 1. Definition. (a) For purposes of this section, the
following terms have the meanings given.
(b) "City" means the city of
Two Harbors.
(c) "General retail services"
means a business that sells goods or services (1) at retail and directly to an
end-use consumer, and (2) that are of interest to tourists or the traveling
public.
Subd. 2. Pilot
program established. (a) In
consultation with the city of Two Harbors, the commissioner of transportation
shall establish a community destination sign pilot program for wayfinding
within the city to destinations or attractions of interest to the traveling
public.
(b) For purposes of Minnesota Statutes,
chapter 173, signs under the pilot program are official signs.
Subd. 3. Signage,
design. (a) The pilot program
must include as eligible attractions and destinations:
(1) minor traffic generators; and
(2) general retail services, specified
by business name, that are identified in a community wayfinding program
established by the city.
(b) The commissioner of transportation,
in coordination with the city, may establish sign design specifications for
signs under the pilot program. Design
specifications must allow for placement of:
(1) a city name and city logo or
symbol; and
(2) up to five attractions or
destinations on a community destination sign assembly.
Subd. 4. Program
costs. The city shall pay
costs of design, construction, erection, and maintenance of the signs and sign
assemblies under the pilot program. The
commissioner shall not impose fees for the pilot program.
Subd. 5. Pilot
program evaluation. In
coordination with the city, the commissioner of transportation shall evaluate
effectiveness of the pilot program under this section, which must include
analysis of traffic safety impacts, utility to motorists and tourists, costs
and expenditures, extent of community support, and pilot program termination or
continuation. By January 15, 2021, the
commissioner shall submit a report on the evaluation to the chairs and ranking
minority members of the legislative committees with jurisdiction over
transportation policy and finance.
Subd. 6. Expiration. The pilot program under this section
expires January 1, 2022.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Two Harbors and its
chief clerical officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
Sec. 39. TRANSIT
SERVICE ON ELECTION DAY.
Subdivision 1. Operating
assistance recipients. An
eligible recipient of operating assistance under Minnesota Statutes, section
174.24, who contracts or has contracted to provide fixed route public transit
shall provide fixed route public transit service free of charge on a day a
state general election is held.
Subd. 2. Metropolitan
Council. (a) The Metropolitan
Council shall provide regular route transit, as defined under Minnesota
Statutes, section 473.385, subdivision 1, paragraph (b), free of charge on a
day a state general election is held.
(b) The requirements under this
subdivision apply to operators of regular route transit (1) receiving financial
assistance under Minnesota Statutes, section 473.388, or (2) operating under
Minnesota Statutes, section 473.405, subdivision 12.
EFFECTIVE
DATE. This section is
effective July 1, 2014, and expires November 5, 2014.
ARTICLE 12
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES APPROPRIATIONS
Section 1. SUMMARY
OF APPROPRIATIONS. |
The amounts shown in this section
summarize direct appropriations, by fund, made in this article.
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2014 |
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2015 |
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Total |
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General |
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$-0-
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$10,756,000
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$10,756,000
|
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Remediation |
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-0-
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|
650,000
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650,000
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Natural Resources |
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-0-
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900,000
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|
900,000
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Game and Fish |
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-0-
|
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2,412,000
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2,412,000
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|
Environment and Natural Resources Trust |
-0-
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|
490,000
|
|
490,000
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Parks and Trails |
|
530,000
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|
-0-
|
|
530,000
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Environmental |
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-0-
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|
4,000,000
|
|
4,000,000
|
|
|
|
|
|
|
|
|
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Total |
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$530,000 |
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$19,208,000 |
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$19,738,000 |
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Sec. 2. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2013,
chapter 114, or appropriated to the agencies and for the purposes specified in
this article. The appropriations are
from the general fund, or another named fund, and are available for the fiscal
year indicated for each purpose. The
figures "2014" and "2015" used in this article means that
the addition to the appropriations listed under them are available for the
fiscal year ending June 30, 2014, or June 30, 2015, respectively. Appropriations for fiscal year 2014 are
effective the day following final enactment.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
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Sec. 3. AGRICULTURE. |
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$-0- |
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$2,750,000 |
$2,000,000 in 2015 is for a grant to Second
Harvest Heartland on behalf of the six Feeding America food banks that serve
Minnesota to compensate agricultural producers and processors for costs
incurred
to harvest and package for transfer surplus fruits, vegetables, or other
agricultural commodities that would otherwise go unharvested or be discarded. Surplus commodities must be distributed
statewide to food shelves and other charitable organizations that are eligible
to receive food from the food banks. Surplus
food acquired under this appropriation must be from Minnesota producers and
processors. Second Harvest Heartland
must report when required by, and in the form prescribed by, the commissioner. For fiscal year 2015, Second Harvest
Heartland may use up to 11 percent of any grant received for administrative
expenses. For fiscal years 2016 and
2017, Second Harvest Heartland may use up to five percent of any grant received
for administrative expenses. This is a
onetime appropriation and is available until June 30, 2017.
The commissioner shall examine how other
states are implementing the industrial hemp research authority provided in
Public Law 113-79 and gauge the interest of Minnesota higher education
institutions. No later than January 15,
2015, the commissioner must report the information and items for legislative
consideration to the legislative committees with jurisdiction over agriculture
policy and finance.
$350,000 in 2015 is for an increase in
retail food handler inspections.
$200,000 in 2015 is added to the
appropriation in Laws 2013, chapter 114, article 1, section 3, subdivision 4,
for distribution to the state's county fairs.
This is a onetime appropriation.
$200,000 in 2015 is for a grant as
determined by the commissioner to a public higher education institution to
research porcine epidemic diarrhea virus.
This is a onetime appropriation and is available until June 30, 2017.
Sec. 4. BOARD
OF ANIMAL HEALTH |
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$310,000 |
$310,000 in 2015 is to administer the dog
and cat breeder licensing and inspection program. The base in fiscal year 2016 is $426,000 and
the base in fiscal year 2017 is $435,000.
Sec. 5. POLLUTION
CONTROL AGENCY |
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$-0- |
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$4,650,000 |
Appropriations
by Fund |
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Remediation |
-0-
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650,000
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Environmental |
-0-
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4,000,000
|
$650,000 in 2015 from the remediation fund
for additional staff and administrative expenses to manage and oversee
investigation and mitigation efforts at superfund sites. This is a onetime appropriation.
The
agency shall compile information on the presence of plastic microbeads in the
state's waters and their potential impacts on aquatic ecosystems and human
health, in consultation with the University of Minnesota. No later than December 15, 2014, the
commissioner must present the information to the legislative committees with
jurisdiction over environment and natural resources policy and finance and make
recommendations.
$4,000,000 in 2015 is from the
environmental fund for the purposes of Minnesota Statutes, section 115A.557,
subdivision 2. $3,000,000 per year from the environmental fund is added to the base.
Sec. 6. NATURAL
RESOURCES |
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Subdivision 1. Total
Appropriation |
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$530,000 |
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$5,862,000 |
Appropriations
by Fund |
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General |
-0-
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3,000,000
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Game and Fish |
-0-
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2,412,000
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Natural Resources |
-0-
|
450,000
|
Parks and Trails |
530,000
|
-0-
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Lands
and Minerals |
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-0-
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1,000,000
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$1,000,000 in 2015 is for meeting the
state's fiduciary duty to Minnesota children with regard to school trust land. By January 15, 2015, the commissioner, in
consultation with the commissioner of education, shall submit a report to the
chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over natural resources and education policy and
finance on the intended use of these funds.
The legislature must approve expenditures of these funds by law. This is a onetime appropriation and is
available until June 30, 2017.
Subd. 3. Ecological
and Water Resources |
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-0-
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50,000
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$50,000 in 2015 is for a study of the
effects of the Lake Emily dam in Crow Wing County on water clarity and water
levels in Lake Emily, Lake Mary, and the Little Pine River. This is a onetime appropriation.
Subd. 4. Parks and Trails Management |
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530,000
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|
2,400,000
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Appropriations
by Fund |
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General |
-0-
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1,950,000
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Natural Resources |
-0-
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450,000
|
Parks and Trails |
530,000 |
-0- |
$1,600,000
in 2015 is for the improvement, maintenance, and conditions of facilities and
infrastructure in state parks for safety and general use. This is a onetime appropriation.
$450,000 in 2015 is from the natural
resources fund for state trail, park, and recreation area operations. This appropriation is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (2). This
is a onetime appropriation.
$200,000 in 2014 is from the parks and
trails fund for the Greater Minnesota Regional Parks and Trails Commission to
develop a statewide system plan for regional parks and trails outside the
seven-county metropolitan area. This is
a onetime appropriation and is subject to the availability of appropriations in
Laws 2013, chapter 137, article 3, section 2, subdivision 2.
$330,000 in 2014 is from the parks and
trails fund for a grant to St. Louis and Lake Counties Regional Railroad
Authority for planning, engineering, right-of-way acquisition, or construction
of portions of the Mesabi Trail in the corridor from Giants Ridge to Tower. This is a onetime appropriation and is
subject to the availability of appropriations in Laws 2013, chapter 137,
article 3, section 2, subdivision 2.
$350,000 in 2015 is for the development of
the segment of the Willard Munger Trail system that originates in Chisago
County and extends into Hinckley in Pine
County, to be named the James L. Oberstar Trail. This is a onetime appropriation and is
available until spent.
Subd. 5. Fish and Wildlife Management |
-0-
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2,412,000
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$3,000 in 2015 is from the heritage
enhancement account in the game and fish fund for a report on aquatic plant
management permitting policies for the management of narrow-leaved and hybrid
cattail in a range of basin types across the state. The report shall be submitted to the chairs
and ranking minority members of the house of representatives and senate
committees with jurisdiction over environment and natural resources by December
15, 2014, and include recommendations for any necessary changes in statutes,
rules, or permitting procedures. This is
a onetime appropriation.
$9,000 in 2015 is from the game and fish
fund for the commissioner, in consultation with interested parties, agencies,
and other states, to develop a detailed restoration plan to recover the
historical native population of bobwhite quail in Minnesota for its ecological
and recreational benefits to the citizens of the state. The commissioner shall conduct public
meetings in developing the plan. No
later than January 15, 2015, the commissioner must
report
on the plan's progress to the legislative committees with jurisdiction over
environment and natural resources policy and finance. This is a onetime appropriation.
$2,000,000 in 2015 is from the game and
fish fund for shooting sports facility grants under Minnesota Statutes, section
87A.10. This is a onetime appropriation and is available until June 30, 2017.
$400,000 in 2015 is from the heritage
enhancement account in the game and fish fund for grants to local chapters of
Let's Go Fishing of Minnesota to provide community outreach to senior citizens,
youth, and veterans and for the costs associated with establishing and
recruiting new chapters. The grants must
be matched with cash or in-kind contributions from nonstate sources. Of this amount, $25,000 is for Asian Outdoor
Heritage for youth fishing recruitment efforts and outreach in the metropolitan
area. The commissioner shall establish a
grant application process that includes a standard for ownership of equipment
purchased under the grant program and contract requirements that cover the
disposition of purchased equipment if the grantee no longer exists. Any equipment purchased with state grant
money must be specified on the grant application and approved by the
commissioner. The commissioner may spend
up to three percent of the appropriation to administer the grant. This is a onetime appropriation and is
available until June 30, 2016.
Subd. 6. Parks
and trails fund cancellation |
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The appropriation for $530,000 from the
parks and trails fund for trail improvements on the Duluth Cross City West
Trail and the Superior Hiking Trail in St. Louis County in Laws 2013,
chapter 137, article 3, section 3, paragraph (c), clause (12), is canceled.
Sec. 7. METROPOLITAN
COUNCIL |
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$-0- |
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$525,000 |
$450,000 in 2015 is from the natural
resources fund for metropolitan area regional parks and trails maintenance and
operations. This appropriation is from
the revenue deposited in the natural resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (3).
This is a onetime appropriation.
$75,000 in 2015 is for a grant to the city
of Shoreview for a feasibility study regarding the lowering of the water level
of Turtle Lake and the possible effects of an augmentation of the lake. This is a onetime appropriation.
Sec. 8. UNIVERSITY
OF MINNESOTA |
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$-0- |
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$4,890,000 |
Appropriations
by Fund |
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General |
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4,400,000
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Environment and Natural Resources Trust |
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490,000 |
$3,400,000
in 2015 is from the general fund for the Invasive Terrestrial Plants and Pests
Center requested under this act, including
a director, graduate students, and necessary supplies. This is a onetime appropriation and is
available until June 30, 2022.
$490,000 in 2015 is from the environment
and natural resources trust fund for the Invasive Terrestrial Plants and Pests
Center requested under this act, including a director, graduate students, and
necessary supplies. This is a onetime
appropriation and is available until June 30, 2022.
$970,000 from the environment and natural
resources trust fund appropriated in Laws 2011, First Special Session chapter
2, article 3, section 2, subdivision 9, paragraph (d), Reinvest in Minnesota
Wetlands Reserve Acquisition and Restoration Program Partnership, is
transferred to the Board of Regents of the University
of Minnesota for the Invasive Terrestrial Plants and Pests Center requested
under this act, including a director, graduate students, and necessary supplies
and is available until June 30, 2022.
$1,000,000 in 2015 is for the Forever Green
Agricultural Initiative and to protect the state's natural resources while
increasing efficiency, profitability, and productivity of Minnesota farmers by
incorporating perennial and winter annual crops into existing agricultural
practices. By January 15, 2015, as a
condition of this appropriation, the Board of Regents of the University of
Minnesota shall submit a report to the chairs and ranking minority members of
the house of representatives and senate policy and finance committees with
jurisdiction over environment and natural resources and agriculture on the
activities and outcomes of the Forever Green Agricultural Initiative. This is a onetime appropriation and is available
until June 30, 2017.
Sec. 9. ADMINISTRATION
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$-0- |
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$185,000 |
$185,000 in 2015 is for activities and the
administrative expenses of the school trust lands director and additional
staff, under Minnesota Statutes, section 127A.353.
Sec. 10. LEGISLATIVE
COORDINATING COMMISSION |
$-0- |
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$15,000 |
$15,000 in 2015 is for the administrative
expenses of the Permanent School Fund Commission under Minnesota Statutes,
section 127A.30, and for compensation and expense reimbursement of commission
members.
Sec. 11. Laws 2013, chapter 114, article 3, section 3, subdivision 6, is amended to read:
Subd. 6. Remediation
Fund |
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The commissioner shall transfer up to $46,000,000
$47,150,000 from the environmental fund to the remediation fund for the
purposes of the remediation fund under Minnesota Statutes, section 116.155,
subdivision 2.
Sec. 12. Laws 2013, chapter 114, article 3, section 4, subdivision 3, is amended to read:
Subd. 3. Ecological
and Water Resources |
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27,182,000 |
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Appropriations by Fund |
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General |
12,117,000 |
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Natural Resources |
11,002,000 |
10,702,000 |
Game and Fish |
4,063,000 |
4,063,000 |
$3,542,000 the first year and $3,242,000 the second year are from the invasive species account in the natural resources fund and $2,906,000 the first year and $3,206,000 the second year are from the general fund for management, public awareness, assessment and monitoring research, and water access inspection to prevent the spread of invasive species; management of invasive plants in public waters; and management of terrestrial invasive species on state-administered lands.
$5,000,000 the first year and $5,000,000 the second year are from the water management account in the natural resources fund for only the purposes specified in Minnesota Statutes, section 103G.27, subdivision 2.
$103,000 the first year and $103,000 $124,000
the second year are for a grant to the Mississippi Headwaters Board for up to
50 percent of the cost of implementing the comprehensive plan for the upper
Mississippi within areas under the board's jurisdiction. The base for this grant in fiscal year
2016 and later is $103,000. By January
15, 2015, the board shall submit a report detailing the results achieved with
the fiscal year 2014 appropriation and the anticipated results that will be
achieved with the fiscal year 2015 appropriation to the commissioner and the
chairs and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction over environment and natural
resources policy and finance.
$10,000 the first year and $10,000 the second year are for payment to the Leech Lake Band of Chippewa Indians to implement the band's portion of the comprehensive plan for the upper Mississippi.
$264,000 the first year and $264,000 the second year are for grants for up to 50 percent of the cost of implementation of the Red River mediation agreement. The commissioner shall submit a report to the chairs of the legislative committees having primary jurisdiction over environment and natural resources policy and finance on the accomplishments achieved with the grants by January 15, 2015.
$1,643,000 the first year and $1,643,000 the second year are from the heritage enhancement account in the game and fish fund for only the purposes specified in Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
$1,223,000 the first year and $1,223,000 the second year are from the nongame wildlife management account in the natural resources fund for the purpose of nongame wildlife management. Notwithstanding Minnesota Statutes, section 290.431, $100,000 the first year and $100,000 the second year may be used for nongame wildlife information, education, and promotion.
$1,600,000 the first year and $6,000,000 the second year are from the general fund for the following activities:
(1) increased financial reimbursement and technical support to soil and water conservation districts or other local units of government for groundwater level monitoring;
(2) additional surface water monitoring and analysis, including installation of monitoring gauges;
(3) additional groundwater analysis to assist with water appropriation permitting decisions;
(4) additional permit application review incorporating surface water and groundwater technical analysis;
(5) enhancement of precipitation data and analysis to improve the use of irrigation;
(6) enhanced information technology, including electronic permitting and integrated data systems; and
(7) increased compliance and monitoring.
Of this amount, $600,000 the first year is for silica sand rulemaking and is available until spent.
The commissioner, in cooperation with the commissioner of agriculture, shall enforce compliance with aquatic plant management requirements regulating the control of aquatic plants with pesticides and removal of aquatic plants by mechanical means under Minnesota Statutes, section 103G.615.
ARTICLE 13
AGRICULTURE, ENVIRONMENT, AND NATURAL RESOURCES FISCAL
IMPLEMENTATION PROVISIONS
Section 1. Minnesota Statutes 2012, section 13.643, subdivision 6, is amended to read:
Subd. 6. Animal premises data. (a) The following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section
347.58, subdivision 5, data collected and maintained by the Board of Animal
Health under sections 347.57 to 347.64 are classified as private or nonpublic.
(b) (c) The Board of Animal
Health may disclose data collected under paragraph (a) or (b) to any
person, agency, or to the public if the board determines that the access will
aid in the law enforcement process or the protection of public or animal health
or safety.
Sec. 2. Minnesota Statutes 2012, section 16A.125, subdivision 5, is amended to read:
Subd. 5. Forest trust lands. (a) The term "state forest trust fund lands" as used in this subdivision, means public land in trust under the Constitution set apart as "forest lands under the authority of the commissioner" of natural resources as defined by section 89.001, subdivision 13.
(b) The commissioner of management and budget shall credit the revenue from the forest trust fund lands to the forest suspense account. The account must specify the trust funds interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and budget shall certify the costs incurred for forestry during that year under appropriations for the improvement, administration, and management of state forest trust fund lands and construction and improvement of forest roads to enhance the forest value of the lands. The certificate must specify the trust funds interested in the lands. After presentation to the Legislative Permanent School Fund Commission, the commissioner of natural resources shall supply the commissioner of management and budget with the information needed for the certificate. The certificate shall include an analysis that compares costs certified under this section with costs incurred on other public and private lands with similar land assets.
(d) After a fiscal year, the commissioner shall distribute the receipts credited to the suspense account during that fiscal year as follows:
(1) the amount of the certified costs incurred by the state for forest management, forest improvement, and road improvement during the fiscal year shall be transferred to the forest management investment account established under section 89.039;
(2) the amount of costs incurred by the
Legislative Permanent School Fund Commission under section 127A.30, and by the
school trust lands director under section 127A.353, shall be transferred to the
general fund;
(3) the balance of the certified costs incurred by the state during the fiscal year shall be transferred to the general fund; and
(3) (4) the balance of the
receipts shall then be returned prorated to the trust funds in proportion to
their respective interests in the lands which produced the receipts.
Sec. 3. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 1c. Apiary. "Apiary" means a place where
a collection of one or more hives or colonies of bees or the nuclei of bees are
kept.
Sec. 4. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 2a. Bee. "Bee" means any stage of the
common honeybee, Apis mellifera (L).
Sec. 5. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 2b. Bee
owner. "Bee owner"
means a person who owns an apiary.
Sec. 6. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 4c. Colony. "Colony" means the aggregate
of worker bees, drones, the queen, and developing young bees living together as
a family unit in a hive or other dwelling.
Sec. 7. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 11a. Hive. "Hive" means a frame hive,
box hive, box, barrel, log gum, skep, or any other receptacle or container,
natural or artificial, or any part of one, which is used as domicile for bees.
Sec. 8. Minnesota Statutes 2012, section 18B.01, is amended by adding a subdivision to read:
Subd. 20a. Pollinator. "Pollinator" means an insect
that pollinates flowers.
Sec. 9. Minnesota Statutes 2012, section 18B.03, is amended by adding a subdivision to read:
Subd. 4. Pollinator
enforcement. The commissioner
may take enforcement action under chapter 18D for a violation of this chapter,
or any rule adopted under this chapter, that results in harm to pollinators,
including but not limited to applying a pesticide in a manner inconsistent with
the pesticide product's label or labeling and resulting in pollinator death or
willfully applying pesticide in a manner inconsistent with the pesticide
product's label or labeling. The
commissioner must deposit any penalty collected under this subdivision in the
pesticide regulatory account in section 18B.05.
Sec. 10. Minnesota Statutes 2012, section 18B.04, is amended to read:
18B.04
PESTICIDE IMPACT ON ENVIRONMENT.
(a) The commissioner shall:
(1) determine the impact of pesticides on the environment, including the impacts on surface water and groundwater in this state;
(2) develop best management practices involving pesticide distribution, storage, handling, use, and disposal; and
(3) cooperate with and assist other state agencies and local governments to protect public health, pollinators, and the environment from harmful exposure to pesticides.
(b) The commissioner may assemble a
group of experts under section 16C.10, subdivision 2, to consult in the
investigation of pollinator deaths or illnesses. The group of experts may include
representatives from local, state, and federal agencies; academia, including
the University of Minnesota; the state pollinator bank; or other professionals
as deemed necessary by the commissioner.
The amount necessary for the purposes of this paragraph, not to exceed
$100,000 per fiscal year, is appropriated from the pesticide regulatory account
in section 18B.05.
Sec. 11. [18B.055]
COMPENSATION FOR BEES KILLED BY PESTICIDE; APPROPRIATION.
Subdivision 1. Compensation required. (a) The commissioner of agriculture must compensate a person for an acute pesticide poisoning resulting in the death of bees or loss of bee colonies owned by the person, provided:
(1) the person who applied the pesticide
cannot be determined;
(2) the person who applied the pesticide did so in a manner consistent with the pesticide product's label or labeling; or
(3) the person who applied the pesticide
did so in a manner inconsistent with the pesticide product's label or labeling.
(b) Except as provided in this section,
the bee owner is entitled to the fair market value of the dead bees and bee colonies
losses as determined by the commissioner upon recommendation by academic
experts and bee keepers. In any fiscal
year, a bee owner must not be compensated for a claim that is less than $100 or
compensated more than $20,000 for all eligible claims.
Subd. 2. Applicator
responsible. In the event a
person applies a pesticide in a manner inconsistent with the pesticide
product's label or labeling requirements as approved by the commissioner and is
determined to have caused the acute pesticide poisoning of bees, resulting in
death or loss of a bee colony kept for commercial purposes, then the person so
identified must bear the responsibility of restitution for the value of the
bees to the owner. In these cases the
commissioner must not provide compensation as provided in this section.
Subd. 3. Claim
form. The bee owner must file
a claim on forms provided by the commissioner and available on the Department
of Agriculture's Web site.
Subd. 4. Determination. The commissioner must determine
whether the death of the bees or loss of bee colonies was caused by an acute
pesticide poisoning, whether the pesticide applicator can be determined, and
whether the pesticide applicator applied the pesticide product in a manner
consistent with the pesticide product's label or labeling.
Subd. 5. Payments;
denial of compensation. (a)
If the commissioner determines the bee death or loss of bee colony was caused
by an acute pesticide poisoning and either the pesticide applicator cannot be
determined or the pesticide applicator applied the pesticide product in a
manner consistent with the pesticide product's label or labeling, the
commissioner may award compensation from the pesticide regulatory account. If the pesticide applicator can be determined
and the applicator applied the pesticide product in a manner inconsistent with
the product's label or labeling, the commissioner may collect a penalty from
the pesticide applicator sufficient to compensate the bee owner for the fair
market value of the dead bees and bee colonies losses, and must award the money
to the bee owner.
(b) If the commissioner denies
compensation claimed by a bee owner under this section, the commissioner must
issue a written decision based upon the available evidence. The decision must include specification of
the facts upon which the decision is based and the conclusions on the material
issues of the claim. The commissioner
must mail a copy of the decision to the bee owner.
(c) A decision to deny compensation
claimed under this section is not subject to the contested case review
procedures of chapter 14, but may be reviewed upon a trial de novo in a court
in the county where the loss occurred. The
decision of the court may be appealed as in other civil cases. Review in court may be obtained by filing a
petition for review with the administrator of the court within 60 days
following receipt of a decision under this section. Upon the filing of a petition, the
administrator must mail a copy to the commissioner and set a time for hearing
within 90 days of the filing.
Subd. 6. Deduction
from payment. The
commissioner must reduce payments made under this section by any compensation
received by the bee owner for dead bees and bee colonies losses as proceeds
from an insurance policy or from another source.
Subd. 7. Appropriation. The amount necessary to pay claims
under this section, not to exceed $150,000 per fiscal year, is appropriated
from the pesticide regulatory account in section 18B.05.
EFFECTIVE
DATE. This section is
effective July 1, 2014, and applies to bee kills and bee colony losses
attributable to acute pesticide poisoning that occur on or after that date.
Sec. 12. Minnesota Statutes 2012, section 84.788, subdivision 2, is amended to read:
Subd. 2. Exemptions. Registration is not required for off-highway motorcycles:
(1) owned and used by the United States, an Indian tribal government, the state, another state, or a political subdivision;
(2)
registered in another state or country that have not been within this state for
more than 30 consecutive days; or
(3) registered under chapter 168, when
operated on forest roads to gain access to a state forest campground;
(4) used exclusively in organized track
racing events;
(5) operated on state or grant-in-aid
trails by a nonresident possessing a nonresident off-highway motorcycle state
trail pass; or
(6) operated by a person participating in an event for which the commissioner has issued a special use permit.
Sec. 13. [84.7945]
NONRESIDENT OFF-HIGHWAY MOTORCYCLE STATE TRAIL PASS.
Subdivision 1. Pass
required; fee. (a) A tribal
member exempt from registration under section 84.788, subdivision 2, clause
(2), or a nonresident, may not operate an off-highway motorcycle on a state or
grant-in-aid off‑highway motorcycle trail unless the operator carries a
valid nonresident off-highway motorcycle state trail pass in immediate
possession. The pass must be available
for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
(b) The commissioner of natural
resources shall issue a pass upon application and payment of a $20 fee. The pass is valid from January 1 through
December 31. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in
the state treasury and credited to the off-highway motorcycle account in the
natural resources fund and, except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision
15, must be used for grants-in-aid to counties and municipalities for
off-highway motorcycle organizations to construct and maintain off-highway
motorcycle trails and use areas.
(c) A nonresident off-highway motorcycle
state trail pass is not required for:
(1) an off-highway motorcycle that is
owned and used by the United States, another state, or a political subdivision
thereof that is exempt from registration under section 84.788, subdivision 2;
(2) a person operating an off-highway
motorcycle only on the portion of a trail that is owned by the person or the
person's spouse, child, or parent; or
(3) a nonresident operating an
off-highway motorcycle that is registered according to section 84.788.
Subd. 2. License
agents. The commissioner may
appoint agents to issue and sell nonresident off-highway motorcycle state trail
passes. The commissioner may revoke the
appointment of an agent at any time. The
commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe
all rules adopted by the commissioner for accounting and handling of passes
pursuant to section 97A.485, subdivision 11.
An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
Subd. 3. Issuance
of passes. The commissioner
and agents shall issue and sell nonresident off-highway motorcycle state trail
passes. The commissioner shall also make
the passes available through the electronic licensing system established under
section 84.027, subdivision 15.
Subd. 4. Agent's
fee. In addition to the fee
for a pass, an issuing fee of $1 per pass shall be charged. The issuing fee may be retained by the seller
of the pass. Issuing fees for passes
issued by the commissioner shall be deposited in the off-highway motorcycle
account in the natural resources fund and retained for the operation of the
electronic licensing system.
Subd. 5. Duplicate
passes. The commissioner and
agents shall issue a duplicate pass to persons whose pass is lost or destroyed
using the process established under section 97A.405, subdivision 3, and rules
adopted thereunder. The fee for a
duplicate nonresident off-highway motorcycle state trail pass is $2, with an
issuing fee of 50 cents.
Sec. 14. Minnesota Statutes 2012, section 85.053, subdivision 2, is amended to read:
Subd. 2. Requirement. Except as provided in section 85.054, a motor vehicle may not enter a state park, state recreation area, or state wayside over 50 acres in area, without a state park permit issued under this section or a state parks and trails plate issued under section 168.1295. Except for vehicles permitted under subdivisions 7, paragraph (a), clause (2), and 8, the state park permit must be affixed to the lower right corner windshield of the motor vehicle and must be completely affixed by its own adhesive to the windshield, or the commissioner may, by written order, provide an alternative means to display and validate state park permits.
Sec. 15. [85.056]
STATE PARKS AND TRAILS DONATION ACCOUNT.
Subdivision 1. Establishment. The state parks and trails donation
account is established as a separate account in the natural resources fund. The account shall be administered by the
commissioner of natural resources as provided in this section.
Subd. 2. Funding
sources. The state parks and
trails donation account shall consist of contributions made under section
168.1295 and other contributions. The
contributions may be made in cash, property, land, or interests in land.
Subd. 3. Uses. Money in the account is appropriated
to the commissioner of natural resources to operate and maintain the state
parks and trails system.
Sec. 16. Minnesota Statutes 2012, section 85.34, subdivision 7, is amended to read:
Subd. 7. Disposition
of proceeds. (a) All revenue derived
from the lease of the Fort Snelling upper bluff, with the exception of payment
for costs of the water line as described in subdivision 6, shall be deposited
in the natural resources fund and credited to a state park account. Interest earned on the money in the
account accrues to the account.
(b) Revenue and expenses from the upper
bluff shall be tracked separately within the account. Money in the account derived from the leasing
or operation of the property described in subdivision 1 may be is
appropriated annually to the commissioner for the payment of expenses
attributable to the leasing, development, and operation of the property
described in subdivision 1, including, but not limited to, the maintenance,
repair, and rehabilitation of historic buildings and landscapes.
Sec. 17. Minnesota Statutes 2012, section 85A.02, subdivision 2, is amended to read:
Subd. 2. Zoological
Garden. The board shall acquire,
construct, equip, operate and maintain the Minnesota Zoological Garden at a
site in Dakota County legally described in Laws 1975, chapter 382, section 12. The Zoological Garden shall consist of
adequate facilities and structures for the collection, habitation,
preservation, care, exhibition, examination or study of wild and domestic
animals, including, but not limited to mammals, birds, fish, amphibians,
reptiles, crustaceans and mollusks. The
board may provide such lands, buildings and equipment as it deems necessary for
parking, transportation, entertainment, education or instruction of the public
in connection with such Zoological Garden.
The Zoological Garden is an official pollinator bank for the state of
Minnesota. For purposes of this
subdivision, "pollinator bank" means a program to avert the
extinction of pollinator species by cultivating insurance breeding populations.
Sec. 18. [87A.10]
TRAP SHOOTING SPORTS FACILITY GRANTS.
The commissioner of natural resources
shall administer a program to provide cost-share grants to local recreational
shooting clubs for up to 50 percent of the costs of developing or
rehabilitating trap shooting sports facilities for public use. A facility rehabilitated or developed with a
grant under this section must be open to the general public at reasonable times
and for a reasonable fee on a walk-in basis.
The commissioner shall give preference to projects that will provide the
most opportunities for youth.
Sec. 19. Minnesota Statutes 2012, section 103G.251, is amended to read:
103G.251
INVESTIGATION OF ACTIVITIES WITHOUT PERMIT AFFECTING WATERS OF THE
STATE.
Subdivision 1. Investigations. If the commissioner determines that an investigation is in the public interest, the commissioner may investigate and monitor activities being conducted with or without a permit that may affect waters of the state.
Subd. 2. Findings and order. (a) With or without a public hearing, the commissioner may make findings and issue orders related to activities being conducted without a permit that affect waters of the state as otherwise authorized under this chapter.
(b) A copy of the findings and order must be served on the person to whom the order is issued.
(c) If the commissioner issues the findings and order without a hearing, the person to whom the order is issued may file a demand for a hearing with the commissioner. The demand for a hearing must be accompanied by the bond as provided in section 103G.311, subdivision 6, and the hearing must be held in the same manner and with the same requirements as a hearing held under section 103G.311, subdivision 5. The demand for a hearing and bond must be filed by 30 days after the person is served with a copy of the commissioner's order.
(d) The hearing must be conducted as a contested case hearing under chapter 14.
(e) If the person to whom the order is addressed does not demand a hearing or demands a hearing but fails to file the required bond:
(1) the commissioner's order becomes final at the end of 30 days after the person is served with the order; and
(2) the person may not appeal the order.
(f) An order of the commissioner may be recorded or filed by the commissioner in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded.
Sec. 20. Minnesota Statutes 2012, section 103G.271, subdivision 5, is amended to read:
Subd. 5. Prohibition
on once-through water use permits. (a)
Except as provided in paragraph (c), the commissioner may not, after
December 31, 1990, issue a water use permit to increase the volume of
appropriation from a groundwater source for a once-through cooling system using
in excess of 5,000,000 gallons annually.
(b) Except as provided in paragraph (c),
once-through system water use permits using in excess of 5,000,000 gallons
annually, must be terminated by the commissioner by the end of their
design life but not later than December 31, 2010, unless the discharge
is into a public water basin within a nature preserve approved by the
commissioner and established prior to January 1, 2001. Existing once-through systems must not be
expanded and are required to convert to water efficient alternatives within the
design life of existing equipment.
(c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of the commissioners of health and the Pollution Control Agency, may issue once-through system water use permits on an annual basis for aquifer storage and recovery systems that return all once-through system water to the source aquifer. Water use permit processing fees in subdivision 6, paragraph (a), apply to all water withdrawals under this paragraph, including any reuse of water returned to the source aquifer.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 21. Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to read:
Subd. 6. Water
use permit processing fee. (a)
Except as described in paragraphs (b) to (f) (g), a water use
permit processing fee must be prescribed by the commissioner in accordance with
the schedule of fees in this subdivision for each water use permit in force at
any time during the year. Fees collected
under this paragraph are credited to the water management account in the
natural resources fund. The schedule is
as follows, with the stated fee in each clause applied to the total amount
appropriated:
(1) $140 for amounts not exceeding 50,000,000 gallons per year;
(2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000 gallons per year;
(3) $4
per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less
than 150,000,000 gallons per year;
(4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per year;
(5) $5
per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less
than 250,000,000 gallons per year;
(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000 gallons per year;
(7) $6
per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000 gallons per year;
(9) $7
per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000 gallons per year; and
(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
(b) For once-through cooling systems, a water use processing fee must be prescribed by the commissioner in accordance with the following schedule of fees for each water use permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
(2) for all other users, $420 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year and, except as provided in paragraph (f), the minimum fee is $100.
(d) For water use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed $250,000 per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) $60,000 per year for an entity holding three or fewer permits;
(ii) $90,000 per year for an entity holding four or five permits; or
(iii) $300,000 per year for an entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam; and
(5) no fee is required for a project involving the appropriation of surface water to prevent flood damage or to remove flood waters during a period of flooding, as determined by the commissioner.
(e) Failure to pay the fee is sufficient
cause for revoking a permit. A penalty
of two ten percent per month calculated from the original due
date must be imposed on the unpaid balance of fees remaining 30 days after the
sending of a second notice of fees due. A
fee may not be imposed on an agency, as defined in section 16B.01, subdivision
2, or federal governmental agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued for irrigation of agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1 and October 1.
(g)
The commissioner shall waive the water use permit fee for installations and
projects that use storm water runoff or where public entities are diverting
water to treat a water quality issue and returning the water to its source
without using the water for any other purpose, unless the commissioner
determines that the proposed use adversely affects surface water or
groundwater.
(g) (h) A surcharge of $30 per
million gallons in addition to the fee prescribed in paragraph (a) shall be
applied to the volume of water used in each of the months of June, July, and
August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities with more
than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
Sec. 22. Minnesota Statutes 2012, section 103G.281, is amended by adding a subdivision to read:
Subd. 4. Penalty
for noncompliant reporting. The
commissioner may assess penalties for noncompliant reporting of water use
information as provided in this section.
The penalty is ten percent of the annual water use permit processing
fee.
Sec. 23. [103G.299]
ADMINISTRATIVE PENALTIES.
Subdivision 1. Authority
to issue penalty orders. (a)
As provided in paragraph (b), the commissioner may issue an order requiring
violations to be corrected and administratively assessing monetary penalties
for violations of sections 103G.271 and 103G.275, and any rules adopted under
those sections.
(b) An order under this section may be
issued to a person for water appropriation activities without a required
permit.
(c) The order must be issued as
provided in this section and in accordance with the plan prepared under
subdivision 12.
Subd. 2. Amount
of penalty; considerations. (a)
The commissioner may issue orders assessing administrative penalties based on
potential for harm and deviation from compliance. For a violation that presents: (1) a minor potential for harm and deviation
from compliance, the penalty will be no more than $1,000; (2) a moderate
potential for harm and deviation from compliance, the penalty will be no more
than $10,000; and (3) a severe potential for harm and deviation from
compliance, the penalty will be no more than $20,000.
(b) In determining the amount of a
penalty the commissioner may consider:
(1) the gravity of the violation,
including potential for, or real, damage to the public interest or natural
resources of the state;
(2) the history of past violations;
(3) the number of violations;
(4) the economic benefit gained by the
person by allowing or committing the violation based on data from local or
state bureaus or educational institutions; and
(5) other factors as justice may
require, if the commissioner specifically identifies the additional factors in
the commissioner's order.
(c)
For a violation after an initial violation, including a continuation of the
initial violation, the commissioner must, in determining the amount of a
penalty, consider the factors in paragraph (b) and the:
(1) similarity of the most recent
previous violation and the violation to be penalized;
(2) time elapsed since the last
violation;
(3) number of previous violations; and
(4) response of the person to the most
recent previous violation identified.
Subd. 3. Contents
of order. An order assessing
an administrative penalty under this section must include:
(1) a concise statement of the facts
alleged to constitute a violation;
(2) a reference to the section of the
statute, rule, order, or term or condition of a permit that has been violated;
(3) a statement of the amount of the
administrative penalty to be imposed and the factors upon which the penalty is
based; and
(4) a statement of the person's right
to review of the order.
Subd. 4. Corrective
order. (a) The commissioner
may issue an order assessing a penalty and requiring the violations cited in the
order to be corrected within a time period specified by the commissioner.
(b) The person to whom the order was
issued must provide information to the commissioner before the 31st day after
the order was received demonstrating that the violation has been corrected or
that appropriate steps toward correcting the violation have been taken.
(c) The commissioner must determine
whether the violation has been corrected and notify the person subject to the
order of the commissioner's determination.
Subd. 5. Penalty. (a) Unless the person requests review
of the order under subdivision 6 or 7 before the penalty is due, the penalty in
the order is due and payable:
(1) on the 31st day after the order was
received, if the person subject to the order fails to provide information to
the commissioner showing that the violation has been corrected or that
appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the person
receives the commissioner's determination under subdivision 4, paragraph (c),
if the person subject to the order has provided information to the commissioner
that the commissioner determines is not sufficient to show that the violation
has been corrected or that appropriate steps have been taken toward correcting
the violation.
(b)
The penalty is due by 31 days after the order was received, unless review of
the order under subdivision 6 or 7 has been sought.
(c) Interest at the rate established in
section 549.09 begins to accrue on penalties under this subdivision on the 31st
day after the order with the penalty was received.
Subd. 6. Expedited
administrative hearing. (a)
Within 30 days after receiving an order or within 20 days after receiving
notice that the commissioner has determined that a violation has not been
corrected or appropriate steps have not been taken, the person subject to an
order under this section may request an expedited hearing, using the procedures
under Minnesota Rules, parts 1400.8510 to 1400.8612, to review the
commissioner's determination. The
hearing request must specifically state the reasons for seeking review of the
order. The person to whom the order is
directed and the commissioner are the parties to the expedited hearing. The commissioner must notify the person to
whom the order is directed of the time and place of the hearing at least 20
days before the hearing. The expedited
hearing must be held within 30 days after a request for hearing has been filed
with the commissioner unless the parties agree to a later date.
(b) All written arguments must be
submitted within ten days following the close of the hearing. The hearing must be conducted under Minnesota
Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision.
(c) The administrative law judge must
issue a report making recommendations about the commissioner's action to the
commissioner within 30 days following the close of the record. The administrative law judge may not
recommend a change in the amount of the proposed penalty unless the
administrative law judge determines that, based on the factors in subdivision
2, the amount of the penalty is unreasonable.
(d) If the administrative law judge
makes a finding that the hearing was requested solely for purposes of delay or
that the hearing request was frivolous, the commissioner may add to the amount
of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.
(e) If a hearing has been held, the
commissioner may not issue a final order until at least five days after receipt
of the report of the administrative law judge.
The person to whom an order is issued may, within those five days,
comment to the commissioner on the recommendations, and the commissioner must
consider the comments. The final order
may be appealed in the manner provided in sections 14.63 to 14.69.
(f) If a hearing has been held and a
final order issued by the commissioner, the penalty must be paid by 30 days
after the date the final order is received unless review of the final order is
requested under sections 14.63 to 14.69.
If review is not requested or the order is reviewed and upheld, the
amount due is the penalty, together with interest accruing from 31 days after
the original order was received at the rate established in section 549.09.
Subd. 7. Mediation. In addition to review under
subdivision 6, the commissioner may enter into mediation concerning an order
issued under this section if the commissioner and the person to whom the order
is issued both agree to mediation.
Subd. 8. Penalties
due and payable. The
commissioner may enforce penalties that are due and payable under this section
in any manner provided by law for the collection of debts.
Subd. 9. Revocation
and suspension of permit. If
a person fails to pay a penalty owed under this section, the commissioner has
grounds to revoke a permit or to refuse to amend a permit or issue a new
permit.
Subd. 10. Cumulative
remedy. The authority of the
commissioner to issue a corrective order assessing penalties is in addition to
other remedies available under statutory or common law, except that the state
may not seek civil penalties under any other provision of law for the
violations covered by the administrative penalty order. The payment of a penalty does not preclude
the use of other enforcement provisions, under which penalties are not
assessed, in connection with the violation for which the penalty was assessed.
Subd. 11. Deposit
of fees. Fees collected under
this section must be credited to the water management account in the natural
resources fund.
Subd. 12. Plan
for use of administrative penalties.
The commissioner must prepare a plan for using the administrative
penalty authority in this section. The
plan must include explanations for how the commissioner will determine whether
violations are minor, moderate, or severe.
The commissioner must provide a 30-day period for public comment on the
plan. The plan must be finalized within
six months after the effective date of this section.
EFFECTIVE
DATE. Subdivisions 1 to 11 of
this section are effective January 1, 2015.
Subdivision 12 of this section is effective July 1, 2014.
Sec. 24. Minnesota Statutes 2012, section 115A.151, as amended by Laws 2014, chapter 225, section 4, is amended to read:
115A.151
RECYCLING REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL BUILDINGS; SPORTS FACILITIES.
(a) A public entity, the owner of a sports facility, and an owner of a commercial building shall:
(1) ensure that facilities under its control, from which mixed municipal solid waste is collected, also collect at least three recyclable materials, such as, but not limited to, paper, glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state, the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, a special taxing district, or any entity that receives an appropriation from the state for a capital improvement project after August 1, 2002;
(2) "metropolitan agency" and "Metropolitan Council," have the meanings given them in section 473.121;
(3) "Metropolitan Mosquito Control
Commission" means the commission created in section 473.702; and
(4) "commercial building" means a building that:
(i) is located in a metropolitan county, as defined in section 473.121;
(ii)
contains a business classified in sectors 42 to 81 under the North American
Industrial Classification System; and
(iii) contracts for four cubic yards or
more per week of solid waste collection.; and
(5) "sports facility" means a
professional or collegiate sports facility at which competitions take place
before a public audience.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 25. Minnesota Statutes 2012, section 115A.55, subdivision 4, is amended to read:
Subd. 4. Statewide
source reduction goal. (a) It is a
goal of the state that there be a minimum ten percent per capita reduction
in the amount of mixed and counties to reduce the generation of
municipal solid waste generated in the state by December 31, 2000, based on
a reasonable estimate of the amount of mixed municipal solid waste that was
generated in calendar year 1993.
(b)
As part of the 1997 report required under section 115A.411, the
commissioner shall submit to the senate and house of representatives committees
having jurisdiction over environment and natural resources and environment and
natural resources finance a proposed strategy for meeting the goal in paragraph
(a). The strategy must include a
discussion of the different reduction potentials to be found in various sectors
and may include recommended interim goals.
The commissioner shall report progress on meeting the goal in paragraph
(a), as well as recommendations and revisions to the proposed strategy, as part
of the 1999 report required under section 115A.411.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2012, section 115A.551, subdivision 1, is amended to read:
Subdivision 1. Definition. (a) For the purposes of this section,
"recycling" means, in addition to the meaning given in section
115A.03, subdivision 25b, yard waste and source-separated compostable
materials composting, and recycling that occurs through mechanical
or hand separation of materials that are then delivered for reuse in their
original form or for use in manufacturing processes that do not cause the
destruction of recyclable materials in a manner that precludes further use.
(b) For the purposes of this section, "total solid waste generation" means the total by weight of:
(1) materials separated for recycling;
(2) materials separated for yard waste and source-separated compostable materials composting;
(3) mixed municipal solid waste plus yard
waste, motor and vehicle fluids and filters, tires, lead acid batteries,
and major appliances; and
(4) residential waste materials that would be mixed municipal solid waste but for the fact that they are not collected as such.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota Statutes 2012, section 115A.551, subdivision 2a, is amended to read:
Subd. 2a. Supplementary
County recycling goals. (a)
By December 31, 1996 2030, each county will have as a goal to
recycle the following amounts:
(1) for a county outside of the
metropolitan area, 35 percent by weight of total solid waste generation; and
(2) for a metropolitan county, 50 75
percent by weight of total solid waste generation.
(b) Each county will develop and implement or require political subdivisions within the county to develop and implement programs, practices, or methods designed to meet its recycling goal. Nothing in this section or in any other law may be construed to prohibit a county from establishing a higher recycling goal.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota Statutes 2012, section 115A.557, subdivision 2, is amended to read:
Subd. 2. Purposes for which money may be spent. (a) A county receiving money distributed by the commissioner under this section may use the money only for the development and implementation of programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream and develop proper disposal options for them;
(5) inform and educate all sectors of the public about proper solid waste management procedures;
(6) provide technical assistance to public and private entities to ensure proper solid waste management;
(7) provide educational, technical, and
financial assistance for litter prevention; and
(8) process mixed municipal solid waste
generated in the county at a resource recovery facility located in Minnesota;
and
(9) compost source-separated compostable materials, including the provision of receptacles for residential composting.
(b) Beginning in fiscal year 2015 and
continuing thereafter, of any money distributed by the commissioner under this
section to a metropolitan county, as defined in section 473.121, subdivision 4,
that exceeds the amount the county was eligible to receive under this section
in fiscal year 2014: (1) at least 50
percent must be expended on activities in paragraph (a), clause (9); and (2)
the remainder must be expended on activities in paragraph (a), clauses (1) to
(7) and (9) that advance the county toward achieving its recycling goal under
section 115A.551.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota Statutes 2012, section 115A.557, subdivision 3, is amended to read:
Subd. 3. Eligibility to receive money. (a) To be eligible to receive money distributed by the commissioner under this section, a county shall within one year of October 4, 1989:
(1) create a separate account in its general fund to credit the money; and
(2) set up accounting procedures to ensure that money in the separate account is spent only for the purposes in subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan or master plan including a recycling implementation strategy under section 115A.551, subdivision 7, and a household hazardous waste management plan under section 115A.96, subdivision 6, by the dates specified in those provisions;
(2) submit a report by April 1 of each year to the commissioner, which may be submitted electronically and must be posted on the agency's Web site, detailing for the previous calendar year:
(i) how the money was spent including, but not limited to, specific recycling and composting activities undertaken to increase the county's proportion of solid waste recycled in order to achieve its recycling goal established in section 115A.551; specific information on the number of employees performing SCORE planning, oversight, and administration; the percentage of those employees' total work time allocated to SCORE planning, oversight, and administration; the specific duties and responsibilities of those employees; and the amount of staff salary for these SCORE duties and responsibilities of the employees; and
(ii) the resulting gains achieved in solid waste management practices; and
(3) provide evidence to the commissioner that local revenue equal to 25 percent of the money sought for distribution under this section will be spent for the purposes in subdivision 2.
(c) The commissioner shall withhold all or part of the funds to be distributed to a county under this section if the county fails to comply with this subdivision and subdivision 2.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes 2013 Supplement, section 116V.03, is amended to read:
116V.03
APPROPRIATION.
$1,000,000 in fiscal year 2014 and each
year thereafter is appropriated from the general fund to the commissioner of
revenue for transfer to the agricultural project utilization account in the
special revenue fund for the Agricultural Utilization Research Institute
established under section 116V.01.
Sec. 31. [168.1295]
STATE PARKS AND TRAILS PLATES.
Subdivision 1. General
requirements and procedures. (a)
The commissioner shall issue state parks and trails plates to an applicant who:
(1) is a registered owner of a
passenger automobile, recreational vehicle, one ton pickup truck, or
motorcycle;
(2) pays a fee of $10 to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required
under section 168.013;
(4) pays the fees required under this
chapter;
(5) contributes a minimum of $50
annually to the state parks and trails donation account established in section
85.056; and
(6) complies with this chapter and
rules governing registration of motor vehicles and licensing of drivers.
(b) The state parks and trails plate
application must indicate that the contribution specified under paragraph (a),
clause (5), is a minimum contribution to receive the plate and that the
applicant may make an additional contribution to the account.
(c) State parks and trails plates may
be personalized according to section 168.12, subdivision 2a.
Subd. 2. Design. After consultation with interested
groups, the commissioners of natural resources and public safety shall jointly
select a suitable symbol for use by the commissioner of public safety to design
the state parks and trails plates.
Subd. 3. No
refund. Contributions under
this section must not be refunded.
Subd. 4. Plate
transfers. Notwithstanding
section 168.12, subdivision 1, on payment of a transfer fee of $5, plates
issued under this section may be transferred to another passenger automobile
registered to the person to whom the plates were issued.
Subd. 5. Contribution
and fees credited. Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to the
commissioner and credited to the state parks and trails donation account
established in section 85.056. The other
fees collected under this section must be deposited in the vehicle services
operating account of the special revenue fund under section 299A.705.
Subd. 6. Record. The commissioner shall maintain a
record of the number of plates issued under this section.
Subd. 7. Exemption. Special plates issued under this
section are not subject to section 168.1293, subdivision 2.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to applications
submitted on or after January 1, 2016, or the date the new driver and vehicle
services information technology system is implemented, whichever comes later.
Sec. 32. [347.57]
DEFINITIONS.
Subdivision 1. Terms. The definitions in this section apply
to sections 347.57 to 347.64.
Subd. 2. Animal. "Animal" means a dog or a
cat.
Subd. 3. Board. "Board" means the Board of
Animal Health.
Subd. 4. Cat. "Cat" means a mammal that is
wholly or in part of the species Felis domesticus. An adult cat is a cat 28 weeks of age or
older. A kitten is a cat under 28 weeks
of age.
Subd. 5. Commercial
breeder. "Commercial
breeder" means a person who possesses or has an ownership interest in
animals and is engaged in the business of breeding animals for sale or for
exchange in return for consideration, and who possesses ten or more adult
intact animals and whose animals produce more than five total litters of
puppies or kittens per year.
Subd. 6. Confinement
area. "Confinement
area" means a structure used or designed for use to restrict an animal to
a limited amount of space, such as a room, pen, cage, kennel, compartment,
crate, or hutch.
Subd. 7. Dog. "Dog" means a mammal that is
wholly or in part of the species Canis familiaris. An adult dog is a dog 28 weeks of age or
older. A puppy is a dog under 28 weeks
of age.
Subd. 8. Facility. "Facility" means the place
used by a commercial breeder for breeding animals, and includes all buildings,
property, confinement areas, and vehicles.
Subd. 9. Local
animal control authority. "Local
animal control authority" means an agency of the state, county,
municipality, or other political subdivision of the state that is responsible
for animal control operations in its jurisdiction.
Subd. 10. Person. "Person" means a natural
person, firm, partnership, corporation, or association, however organized.
Subd. 11. Possess. "Possess" means to have
custody of or have control over.
Subd. 12. Veterinarian. "Veterinarian" means a
veterinarian in good standing and licensed in the state of Minnesota.
Sec. 33. [347.58]
LICENSING AND INSPECTIONS.
Subdivision 1. Licensing. (a) The board may grant an operating
license to a commercial breeder and must enforce sections 347.58 to 347.64.
(b) Beginning July 1, 2015, a commercial
breeder must obtain an annual license for each facility it owns or operates. More than one building on the same premises
is considered one facility. The initial
prelicense inspection fee and the annual license fee is $10 per adult intact
animal, but each fee must not exceed $250.
(c) The board must perform an announced
initial prelicense inspection within 60 days from the date of receiving a
license application. A commercial
breeder is not in violation of this section if the commercial breeder has filed
a completed license application with the board and the board has not performed
the initial prelicense inspection. The
board must inspect a commercial breeder's facility before an initial license is
issued. The initial prelicense
inspection fee must be included with the license application. Upon completion of the inspection, the
inspector must provide the commercial breeder an inspection certificate signed
by the inspector in a format approved by the board.
(d) The license application must indicate
if a commercial breeder operates under more than one name from a single
location or has an ownership interest in any other facility. License holders must keep separate records
for each business name.
(e) The application must include a
statement that includes the following information:
(1) whether any license held by an
applicant under this section or under any other federal, state, county, or
local law, ordinance, or other regulation relating to breeding cats or dogs was
ever suspended, revoked, or denied; and
(2) whether the applicant was ever
convicted of animal cruelty.
(f) An application from a partnership,
corporation, or limited liability company must include the name and address of
all partners, directors, officers, or members and must include a notation of
any partners, directors, officers, members, or others authorized to represent
the partnership, corporation, or limited liability company.
(g) A nonresident applicant must consent
to adjudication of any violation under the laws of the state of Minnesota and
in Minnesota courts.
(h) A license issued under this section
is not transferable.
(i) A license holder must apply for
license renewal annually by submitting a renewal application on a form approved
by the board. The license renewal
application must be postmarked or submitted electronically in a method approved
by the board by July 1 of each year. The
board may assess a late renewal penalty of up to 50 percent of the license fee. If a license is not renewed by August 1, the
board may require the commercial breeder to reapply for an initial license.
(j) A commercial breeder must submit to
the board an annual report by July 1 on a form prepared by the board. The form must include the current number of
cats and dogs at the facility on the date of the report, the number of animals
during the preceding year that were sold, traded, bartered, leased, brokered,
given away, euthanized, or deceased from other causes, and any other
information required by the board.
(k) If a commercial breeder is required
to be licensed by the United States Department of Agriculture, United States
Department of Agriculture inspection reports and records relating to animal
care plans and veterinary care must be made available during an inspection,
upon request.
(l)
A commercial breeder must prominently display the commercial breeder's license
at each facility.
(m) A commercial breeder's state license
number or a symbol approved by the board must be included in all of the
commercial breeder's advertisements or promotions that pertain to animals being
sold or traded including, but not limited to, all newspapers, Internet, radio,
or flyers.
(n) A commercial breeder must notify the
board by certified mail or electronically in a method approved by the board
within ten days of any change in address, name, management, or substantial
control and ownership of the business or operation.
(o) The board must refuse to issue an
initial license when a commercial breeder:
(1)
is in violation of section 343.21; 343.24; 343.27; 343.28; 343.31; 343.37;
346.37; 346.38; 346.39; 346.44; or 346.155;
(2) has failed to meet any of the
requirements of this section and section 347.59;
(3) is in violation of a local ordinance
regarding breeders;
(4) has been convicted, other than a petty
misdemeanor conviction, of cruelty to animals under Minnesota law or a
substantially similar animal cruelty law of another jurisdiction;
(5) has had a substantially similar
license denied, revoked, or suspended by another federal or state authority
within the last five years; or
(6) has falsified any material information
requested by the board.
(p) A person who has been an officer,
agent, direct family member, or employee of a commercial breeder whose license
was revoked or suspended and who was responsible for or participated in the
violation that was a basis for the revocation or suspension may not be licensed
while the revocation or suspension is in effect.
Subd. 2. Inspections. (a) The board must inspect each
licensed facility at least annually. The
inspection must be with the commercial breeder or an agent of the commercial
breeder present. The inspector must
submit an inspection report to the board within ten days of each inspection on
a form prepared by the board. The
inspection report form must list separately each law, rule, regulation, and
ordinance the facility is not in compliance with and what correction is
required for compliance. The inspection
report form must document the animal inventory on the date of the inspection.
(b) If, after the prelicense inspection,
the commercial breeder has two consecutive years of inspections with no
violations, the board must inspect the commercial breeder at least every two
years. If the commercial breeder has any
violations during an inspection or if the board has cause, the board must
inspect the commercial breeder at least annually.
(c) If a license to operate is
suspended, revoked, or denied, the board must be granted access to the facility
during normal business hours to verify that it is not operating.
Subd. 3. Record
requirements. (a) The
commercial breeder must keep records on each animal at the facility that
includes:
(1) the name, address, and United States
Department of Agriculture license number, if applicable, from whom an animal
was received; the date the commercial breeder received the animal; the date of
the animal's birth; the breed, sex, color, and identifying marks of the animal;
any identifying tag, tattoo, microchip, or collar number; worming treatments,
vaccinations, and name of the person who administered the vaccination;
medication received by the animal while in
the possession of the commercial breeder; and any disease conditions diagnosed
by a veterinarian; and
(2)
the name and address of the person or entity to whom an animal was transferred.
(b) The commercial breeder must
maintain a copy of the records required to be kept under this subdivision for
two years.
Subd. 4. Veterinary
protocol. (a) A commercial
breeder must establish and maintain a written protocol for disease control and
prevention, euthanasia, and veterinary care of animals at each facility. The initial protocol must be developed under
the direction and supervision of the board.
A commercial breeder must maintain a written protocol that is updated at
least every 12 months and that is signed and dated by the board or by a
veterinarian along with the commercial breeder.
The written protocol must be available to the board upon request or at
the time of inspection.
(b) An animal sold or otherwise
distributed by a commercial breeder must be accompanied by a veterinary health
certificate completed by a veterinarian.
The certificate must be completed within 30 days prior to the sale or
distribution and must indicate that the animal is current with vaccinations and
has no signs of infectious or contagious diseases. The certificate accompanying an adult dog
that was not spayed or neutered must indicate that the dog has no signs of
infectious or contagious diseases and was tested for canine brucellosis with a
test approved by the board and found to be negative.
Subd. 5. Posting
of information. The board
must maintain and post in a timely manner on its Web site a list of commercial
breeders licensed and in good standing under this section.
Sec. 34. [347.59]
STANDARDS OF CARE.
(a) A commercial breeder must comply with
chapters 343 and 346.
(b) A commercial breeder must ensure that
animals that are part of the commercial breeder's breeding business operations
are cared for as follows:
(1) cats must not be housed in outdoor
confinement areas;
(2) animals exercised in groups must be
compatible and show no signs of contagious or infectious disease;
(3) females in estrus must not be housed
in the same confinement area with unneutered males, except for breeding
purposes;
(4) animals must be provided daily
enrichment and must be provided positive physical contact with human beings and
compatible animals at least twice daily unless a veterinarian determines such
activities would adversely affect the health or well-being of the animal;
(5) animals must not be sold, traded, or
given away before the age of eight weeks unless a veterinarian determines it
would be in the best interests of the health or well-being of the animal;
(6) the commercial breeder must provide
identification and tracking for each animal, which is not transferable to
another animal; and
(7) the commercial breeder must provide
adequate staff to maintain the facility and observe each animal daily to
monitor each animal's health and well-being, and to properly care for the
animals.
(c) A commercial breeder must not
knowingly hire staff or independent contractors who have been convicted of
cruelty to animals under the law of any jurisdiction.
(d)
A commercial breeder must comply with any additional standards the board
considers necessary to protect the public health and welfare of animals covered
under sections 347.57 to 347.61. The
standards must be established by rule.
(e) A United States Department of
Agriculture (USDA) licensed breeder or dealer who is in compliance with the
minimum USDA regulations governing the license holder as they relate to animal
confinement areas as of the effective date of this section does not have to
comply with the minimum confinement area measurements under section 346.39,
subdivision 4, for existing confinement areas in each facility the breeder or
dealer owns. If a USDA-licensed breeder
or dealer builds a new confinement area after the effective date of this
section, those minimum standards must meet or exceed the minimum specifications
as they relate to confinement area size under section 346.39, subdivision 4.
Sec. 35. [347.60]
INVESTIGATIONS.
(a) The board must initiate an
investigation upon receiving a formal complaint alleging violations of section
347.58 or 347.59.
(b) When a local animal control
authority, a peace officer, or a humane agent appointed under section 343.01 is
made aware of an alleged violation under this chapter or chapter 343 or 346,
committed by a commercial breeder, the local animal control authority, peace
officer, or humane agent appointed under section 343.01 must report the alleged
violation in a timely manner to the board.
Sec. 36. [347.61]
CIVIL ENFORCEMENT.
Subdivision 1. Correction
orders. (a) The board may
issue a correction order requiring a commercial breeder to correct a violation
of state statutes, rules, and regulations governing breeding facilities. The correction order must state the
deficiencies that constitute the violation; the specific statute, rule, or
regulation violated; and when the violation must be corrected.
(b) A commercial breeder may ask the
board to reconsider any portion of the correction order that the commercial
breeder believes is in error. The
request for reconsideration must be made in writing by certified mail or
electronically in a method approved by the board within seven days after
receipt of the correction order. The
request for reconsideration does not stay the correction order. The board must respond to the request for
reconsideration within 15 days after receiving a request. The board's disposition of a request for
reconsideration is final. The board may
extend the time for complying with a correction order after receiving a request
for reconsideration if necessary.
(c) The board must reinspect the facility
within 15 days after the time for correcting the violation has passed to
determine whether the violation has been corrected. If the violation has been corrected, the
board must notify the commercial breeder in writing that the commercial breeder
is in compliance with the correction order.
The board may charge a reinspection fee to determine if a previous
violation has been corrected.
Subd. 2. Administrative
penalty orders. After the
inspection required under subdivision 1, paragraph (c), the board may issue an
order requiring violations to be corrected and administratively assessing
monetary penalties for violations. The
administrative penalty order must include a citation of the statute, rule, or
regulation violated; a description of the violation; and the amount of the
penalty for each violation. A single
correction order may assess a maximum administrative penalty of $5,000.
Subd. 3. Injunctive
relief. In addition to any
other remedy provided by law, the board may bring an action for injunctive
relief in the district court in Ramsey County or in the county in which a
violation of the statutes, rules, or regulations governing the breeding of cats
and dogs occurred to enjoin the violation.
Subd. 4. Cease
and desist. The board must
issue an order to cease a practice if its continuation would result in an
immediate risk to animal welfare or public health. An order issued under this subdivision is
effective for a maximum of 72 hours. The
board or its designated agent must seek an injunction or take other
administrative action authorized by law to restrain a practice beyond 72 hours. The issuance of a cease-and-desist order does
not preclude other enforcement action by the board.
Subd. 5. Refusal
to reissue license; license suspension or revocation. (a) The board may suspend, revoke, or
refuse to renew a license as follows:
(1) for failure to comply with a correction
order;
(2) for failure to pay an administrative
penalty;
(3) for failure to meet the requirements
of section 347.58 or 347.59; or
(4) for falsifying information requested
by the board.
A license suspension, revocation, or nonrenewal may be appealed
through the Office of Administrative Hearings.
A notice of intent to appeal must be filed in writing with the board
within 20 days after receipt of the notice of suspension, revocation, or
nonrenewal.
(b) The board must revoke a license if a
commercial breeder has been convicted of cruelty to animals under Minnesota law
or a substantially similar animal cruelty law of another jurisdiction, or for
the denial, revocation, or suspension of a similar license by another federal
or state authority. A license revocation
under this subdivision may be appealed through the Office of Administrative
Hearings. A notice of intent to appeal
must be filed in writing with the board within 20 days after receipt of the
notice of revocation.
(c) A commercial breeder whose license is
revoked may not reapply for licensure for two years after the date of
revocation. The license is permanently
revoked if the basis for the revocation was a gross misdemeanor or felony
conviction for animal cruelty.
(d) A commercial breeder whose license is
suspended or revoked two times is permanently barred from licensure.
Subd. 6. Administrative
hearing rights. (a) Except as
provided in paragraph (b), if the board proposes to refuse to renew, suspend,
or revoke a license, the board must first notify the commercial breeder in
writing of the proposed action and provide an opportunity to request a hearing
under the contested case provisions of chapter 14. If the commercial breeder does not request a
hearing within 20 days after receipt of the notice of the proposed action, the
board may proceed with the action without a hearing.
(b) The contested case provisions of
chapter 14 do not apply when the board denies a license based on an applicant's
failure to meet the minimum qualifications for licensure.
(c) A commercial breeder may appeal the
amount of an administrative penalty order through the Office of Administrative
Hearings pursuant to the procedures set forth in chapter 14. A commercial breeder wishing to file an
appeal must notify the board in writing within 20 days after receipt of the
administrative penalty order.
Subd. 7. Other
jurisdictions. The board may
accept as prima facie evidence of grounds for an enforcement action under this
section any enforcement or disciplinary action from another jurisdiction, if
the underlying violation would be grounds for a violation under the provisions
of this section.
Subd. 8. Appeals. A final order by the board may be
appealed to the Minnesota Court of Appeals.
Sec. 37. [347.615]
BIOSECURITY; ENTRY INTO FACILITIES.
No law enforcement officer, agent of
the board, or other official may enter a commercial breeder facility unless the
person follows either the biosecurity procedure issued by the board or a
reasonable biosecurity procedure maintained and prominently posted by the
commercial breeder at each entry to a facility, whichever is more stringent. This section does not apply in emergency or
exigent circumstances.
Sec. 38. [347.62]
PENALTIES.
(a) A violation of section 347.58 or
347.59 that results in cruelty or torture to an animal, as those terms are
defined in section 343.20, subdivision 3, is subject to the penalties in
section 343.21, subdivisions 9 and 10, relating to pet or companion animals.
(b) It is a misdemeanor to falsify
information in a license application, annual report, or record.
(c) It is a misdemeanor for an unlicensed
commercial breeder to advertise animals for sale.
(d) It is a misdemeanor for a
commercial breeder to operate without a license.
Sec. 39. [347.63]
DOG AND CAT BREEDERS LICENSING ACCOUNT; APPROPRIATION.
A dog and cat breeders licensing
account is created in the special revenue fund.
All fees and penalties collected by the board under sections 347.58 to
347.62 must be deposited in the state treasury and credited to the dog and cat
breeders licensing account in the special revenue fund. Money in the account, including interest on
the account, is annually appropriated to the board to administer those
sections.
Sec. 40. [347.64]
APPLICABILITY.
Sections 347.57 to 347.63 do not apply
to:
(1) any species other than dogs and
cats as they are defined in section 347.57; and
(2) veterinary clinics or veterinary
hospitals.
Sec. 41. Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended by Laws 2009, chapter 37, article 1, section 61, is amended to read:
Subd. 7. Fish
and Wildlife Management |
|
123,000 |
|
119,000 |
Appropriations by Fund |
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||
General |
-0- |
(427,000) |
Game and Fish |
123,000 |
546,000 |
$329,000 in 2009 is a reduction for fish and wildlife management.
$46,000 in 2009 is a reduction in the appropriation for the Minnesota Shooting Sports Education Center.
$52,000 in 2009 is a reduction for licensing.
$123,000 in 2008 and $246,000 in 2009 are from the game and fish fund to implement fish virus surveillance, prepare infrastructure to handle possible outbreaks, and implement control procedures for highest risk waters and fish production operations. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
297A.94, paragraph (e), $300,000 in 2009 is from the second year appropriation
in Laws 2007, chapter 57, article 1, section 4, subdivision 7, from the
heritage enhancement account in the game and fish fund to study, predesign,
and design a shooting sports facility in the seven-county metropolitan area
for shooting sports facilities. Of
this amount, $100,000 is for a grant to the Itasca County Gun Club for shooting
sports facility improvements; and the remaining balance is for trap shooting
facility grants under Minnesota Statutes, section 87A.10. This is available onetime only and is
available until expended.
$300,000 in 2009 is appropriated from the game and fish fund for only activities that improve, enhance, or protect fish and wildlife resources. This is a onetime appropriation.
Sec. 42. Laws 2013, chapter 114, article 4, section 47, is amended by adding an effective date to read:
EFFECTIVE
DATE. This section is
effective June 1, 2013.
EFFECTIVE
DATE. This section is effective
retroactively from June 1, 2013.
Sec. 43. APIARY
PROGRAM.
No later than January 15, 2015, the
commissioner of agriculture shall report to the house of representatives and
senate committees with jurisdiction over agriculture regarding re-establishing
an apiary program. The report shall
include, at a minimum, recommendations on (1) prevention of diseases and exotic
pests; (2) sanitary inspection of apiaries, including notification of diseases,
nuisances, and quarantines; (3) an apiary location registry, to facilitate
agency response to pollinator deaths or illnesses and for pesticide applicators
to be aware of apiaries to avoid impacts, including data practices and privacy
protections; and (4) the public benefit of an apiary program and the fiscal costs
associated with a program.
Sec. 44. INVASIVE
TERRESTRIAL PLANTS AND PESTS CENTER.
Subdivision 1. Establishment. The Board of Regents of the University
of Minnesota is requested to establish an Invasive Terrestrial Plants and Pests
Center to prevent and minimize the threats posed by terrestrial invasive
plants, other weeds, pathogens, and pests in order to protect the state's
prairies, forests, wetlands, and agricultural resources. With the approval of the board, the College
of Food, Agricultural and Natural Resource Science, in coordination with the
College of Biological Sciences, shall administer the center utilizing the
following departments:
(1) Entomology;
(2) Plant Pathology;
(3)
Forest Resources;
(4) Horticultural Science;
(5) Fisheries Wildlife and Conservation
Biology;
(6) Agronomy and Plant Genetics;
(7) Plant Biology; and
(8) Ecology, Evolution, and Behavior.
The college may also utilize the
following research and outreach centers in achieving the purposes of this
section: Cloquet Forestry Center; North
Central Research and Outreach Center; Northwest Research and Outreach Center;
Southern Research and Outreach Center; Southwest Research and Outreach Center;
West Central Research and Outreach Center; Rosemount Research and Outreach
Center; Horticultural Research Center; and Sand Plain Research Center.
Subd. 2. Purpose. The purpose of the Invasive
Terrestrial Plants and Pests Center is to research and develop effective
measures to prevent and minimize the threats posed by terrestrial invasive
plants, pathogens, and pests, including agricultural weeds and pests, in order
to protect the state's native prairies, forests, wetlands, and agricultural
resources, by:
(1) creating a prioritized list of pest
and plant species that threaten the state's prairies, forests, wetlands, and
agricultural resources and making the list publicly accessible; and
(2) conducting research focused on the
species included on the prioritized list developed under this subdivision that
includes:
(i) development of new control methods,
including biocontrols;
(ii) development of integrated pest
management tools that minimize nontarget impacts;
(iii) research projects focused on
establishment prevention, early detection, and rapid response;
(iv) an analysis of any consequences
related to the management of prioritized species to the state's water,
pollinators, and native prairies and other native species; and
(v) reports on the results that are
made publicly accessible.
Subd. 3. Report. By January 15, 2015, as a condition of
the appropriation provided under this act, the Board of Regents of the
University of Minnesota shall submit a report to the chairs and ranking
minority members of the house of representatives and senate committees and
divisions with jurisdiction over the environment and natural resources and
agriculture on: (1) the activities and
outcomes of the center; and (2) any recommendations for additional funding for
education, implementation, or other activities.
Sec. 45. RECOGNITION;
COMMERCIAL BREEDER EXCELLENCE.
The Board of Animal Health, in
consultation with representatives of the licensed commercial breeder industry,
must develop a program to recognize persons who demonstrate commercial breeder
excellence and exceed the standards and practices required of commercial
breeders under this act.
Sec. 46. REGISTRATION;
INITIAL PRELICENSE INSPECTIONS.
Subdivision 1. Commercial breeder registration. Beginning July 1, 2014, until June 30, 2015, a commercial breeder must register each facility it owns or operates by paying a registration fee not to exceed $250 per facility to the Board of Animal Health.
Subd. 2. Initial
prelicense inspections. Beginning
July 1, 2014, the board may begin the initial prelicense inspections under
Minnesota Statutes, section 347.58.
Subd. 3. Deposits
of fees. Fees collected under
this section must be deposited in the dog and cat breeders licensing account in
the special revenue fund.
Sec. 47. RESEARCH
DOGS AND CATS.
(a) A higher education research facility
that receives public money or a facility that provides research in
collaboration with a higher education facility that confines dogs or cats for
science, education, or research purposes and plans on euthanizing a dog or cat
for other than science, education, or research purposes must first offer the
dog or cat to an animal rescue organization.
A facility that is required to offer dogs or cats to an animal rescue
organization under this section may enter into an agreement with the animal
rescue organization to protect the facility.
A facility that provides a dog or cat to a rescue organization under
this section is immune from any civil liability that otherwise might result
from its actions, provided that the facility is acting in good faith.
(b) For the purposes of this section,
"animal rescue organization" means any nonprofit organization
incorporated for the purpose of rescuing animals in need and finding permanent,
adoptive homes for the animals.
(c) This section expires July 1, 2015.
Sec. 48. REPEALER.
Minnesota Statutes 2012, section
115A.551, subdivision 2, is repealed.
ARTICLE 14
CLEAN WATER FUND
Section 1. CLEAN
WATER FUND APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the clean water fund and are available for the fiscal
year indicated for allowable activities under the Minnesota Constitution,
article XI, section 15. The figure
"2015" used in this article means that the appropriations listed
under it are available for the fiscal year ending June 30, 2015. The appropriations in this article are
onetime.
|
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|
APPROPRIATIONS |
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|
|
Available for the Year |
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|
|
|
Ending June 30 |
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|
|
|
|
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2015 |
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Sec. 2. CLEAN
WATER |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$2,450,000 |
The amounts that may be spent for each
purpose are specified in the following sections.
Subd. 2. Availability
of Appropriation |
|
|
|
|
Money appropriated in this article may not
be spent on activities unless they are directly related to and necessary for a
specific appropriation. Money
appropriated in this article must be spent in accordance with Minnesota
Management and Budget's Guidance to Agencies on Legacy Fund Expenditure. Notwithstanding Minnesota Statutes, section
16A.28, and unless otherwise specified in this article, the appropriations are
available until June 30, 2016. If a
project receives federal funds, the time period of the appropriation is
extended to equal the availability of federal funding.
Sec. 3. POLLUTION
CONTROL AGENCY |
|
|
|
$200,000 |
$200,000 in 2015 is for coordination with
the state of Wisconsin and the National Park Service on comprehensive
phosphorus reduction activities in the Lake St. Croix portion of the St. Croix
River. The agency shall work with the St. Croix
Basin Water Resources Planning Team and the St. Croix River Association in
implementing the water monitoring and phosphorus reduction activities.
Sec. 4.
BOARD OF WATER AND SOIL
RESOURCES |
|
|
$1,400,000 |
$150,000 in 2015 is to collaborate with the
commissioner of health and local units of government in the North and East
Metro Groundwater Management Area through development or implementation of
local water management plans as provided for in Minnesota Statutes, chapters
103B, 103C, 103D, and 114D, to identify strategies for groundwater protection
and potential locations for infiltration projects and practices, including
potential wetland restoration, enhancement, or creation that would contribute
to groundwater recharge, surface water enhancement, and wellhead protection. Areas in the Mississippi River flyway, or
that also provide habitat for waterfowl production, fish spawning, or other
fish or wildlife habitat, should be specifically identified. This appropriation is available until June
30, 2017.
$250,000 in 2015 is to collaborate with the
commissioner of health and local units of government in the Bonanza Valley
Groundwater Management Area and Straight River Groundwater Management Area
through development or implementation of local water management plans as
provided for in Minnesota Statutes, chapters 103B, 103C, 103D, and 114D, to
identify strategies for groundwater protection and potential locations for
infiltration projects and practices, including potential wetland restoration,
enhancement, or creation that would contribute to groundwater recharge and
wellhead protection. Areas in the
Mississippi River flyway, or that also provide habitat for waterfowl
production, fish spawning, or other fish or wildlife habitat, should be
specifically identified. This
appropriation is available until June 30, 2017.
$100,000
in 2015 is for a workshop for public works professionals or other local
officials that promote landscape best management practices that keep water on
the land, including rain gardens, within the North and East Metro Groundwater
Management Area and for grants to local units of government in the North and
East Metro Groundwater Management Area to keep water on the land.
$900,000 in 2015 is added to the
appropriation to the Board of Water and Soil Resources for grants in Laws 2013,
chapter 137, article 2, section 7, paragraph (b).
The board may use the appropriation to update the Minnesota Public Drainage Manual and the Minnesota Public Drainage Law Overview for Decision Makers in Laws 2013, chapter 137, article 2, section 7, paragraph (e), for contracts or grants to achieve the purposes of the appropriation.
Sec. 5. METROPOLITAN
COUNCIL |
|
|
|
$550,000 |
$400,000 in 2015 from the clean water fund
is to develop a plan for the North and East Metro Groundwater Management Area
and to predesign preferred long-term solutions to address regional water supply
and sustainability issues, including enhancing surface waters, in collaboration
with the commissioner of natural resources.
The plan, incorporating standard engineering practices, must address
construction, operation, and maintenance of infrastructure needed to implement
the preferred solutions and, in consultation with the Public Facilities
Authority, include recommendations for funding that would fairly allocate the
costs to users and other beneficiaries. As
the plan is developed, the council must meet periodically with the local water
supply work group to review details of the plan. This appropriation is available until June
30, 2015.
$100,000 in 2015 from the clean water fund
is to investigate, in collaboration with the Board of Water and Soil Resources
and the Pollution Control Agency, the feasibility of collecting and treating
storm water in the North and East Metro Groundwater Management Area to enhance
surface waters and groundwater recharge.
$50,000 in 2015 from the clean water fund
is to partner with the University of Minnesota's Minnesota Technical Assistance
Program (MnTAP) to identify opportunities for industrial water users to reduce
or reuse their water consumption within the North and East Metro Groundwater
Management Area.
Sec. 6. DEPARTMENT
OF HEALTH |
|
|
|
$300,000 |
$300,000 in 2015 from the clean water fund
is to collaborate with the Board of Water and Soil Resources and local units of
government in the North and East Metro Groundwater
Management
Area, Bonanza Valley Groundwater Management Area, and Straight River Groundwater
Management Area and to update wellhead protection areas within groundwater
management areas, in cooperation with the Board of Water and Soil Resources, to
meet the sustainability standards of Minnesota Statutes, chapter 103G,
including Minnesota Statutes, section 103G.287, subdivision 5, and to be
available for the requirements of Minnesota Statutes, chapter 103H. The update should identify the most critical
areas that need protecting.
Sec. 7. REPURPOSE
OF 2011 APPROPRIATION.
The remaining balance of the
appropriation in Laws 2011, First Special Session chapter 6, article 2, section
6, paragraph (g), to the commissioner of natural resources for shoreland
stewardship, TMDL implementation coordination, providing technical assistance,
and maintaining and updating data may be used for stream flow and groundwater
monitoring, including the installation of additional monitoring gauges, and
monitoring necessary to determine the relationship between stream flow and
groundwater, and is available until June 30, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. CANCELLATION
OF 2009 APPROPRIATION.
The unspent balance of the
appropriation to the commissioner of the Pollution Control Agency for grants
under Minnesota Statutes, section 116.195, in Laws 2009, chapter 172, article
2, section 4, paragraph (c), as amended by Laws 2011, First Special Session
chapter 6, article 2, section 23, is canceled.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. STREAM
GAUGE DATA.
The commissioner of natural resources
shall provide an easily accessible link to the Department of Natural Resources'
and the Pollution Control Agency's cooperative stream gauging data, including
lake level information for existing stations, including White Bear Lake and
Turtle Lake, on the department's Web site.
ARTICLE 15
GENERAL EDUCATION
Section 1. Minnesota Statutes 2012, section 123A.05, subdivision 2, is amended to read:
Subd. 2. Reserve
revenue. Each district that is a
member of an area learning center or alternative learning program must reserve
revenue in an amount equal to the sum of (1) at least 90 and no more than
100 percent of the district average general education revenue per adjusted
pupil unit minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485 .0466,
calculated without basic skills revenue, local optional revenue, and
transportation sparsity revenue, times the number of pupil units attending an
area learning center or alternative learning program under this section, plus
(2) the amount of basic skills revenue generated by pupils attending the area
learning center or alternative learning program. The amount of reserved revenue under this
subdivision may only be spent on program costs associated with the area
learning center or alternative learning program.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 2. Minnesota Statutes 2013 Supplement, section 123B.75, subdivision 5, is amended to read:
Subd. 5. Levy
recognition. For fiscal year 2011
2014 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:
(1) the sum of May, June, and July school district tax settlement revenue received in that calendar year, plus general education aid according to section 126C.13, subdivision 4, received in July and August of that calendar year; or
(2) the sum of:
(i) the greater of 48.6 percent of the
referendum levy certified according to section 126C.17 in the prior calendar
year, or 31 percent of the referendum levy certified according to section
126C.17 in calendar year 2000; plus
(ii) the entire amount of the levy
certified in the prior calendar year according to section 124D.4531,
124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 124D.862, for Special
School District No. 1, Minneapolis, Independent School District No. 625,
St. Paul, and Independent School District No. 709, Duluth; 126C.41,
subdivisions 1, 2, paragraph (a), and 3, paragraphs (b), (c), and (d); 126C.43,
subdivision 2; and 126C.48, subdivision 6; plus
(iii) 48.6 percent of the amount of the
levy certified in the prior calendar year for the school district's general and
community service funds, plus or minus auditor's adjustments, that remains
after subtracting the referendum levy certified according to section 126C.17
and the amount recognized according to item (ii).
Sec. 3. Minnesota Statutes 2012, section 124D.09, subdivision 9, is amended to read:
Subd. 9. Enrollment
priority. (a) A postsecondary
institution shall give priority to its postsecondary students when enrolling
10th, 11th, and 12th grade pupils in its courses. A postsecondary institution may provide
information about its programs to a secondary school or to a pupil or parent
and it may advertise or otherwise recruit or solicit a secondary pupil to enroll
in its programs on educational and programmatic grounds only except,
notwithstanding other law to the contrary, and for the 2014-2015 through
2019-2020 school years only, an eligible postsecondary institution may
advertise or otherwise recruit or solicit a secondary pupil residing in a
school district with 700 students or more in grades 10, 11, and 12, to enroll
in its programs on educational, programmatic, or financial grounds. An institution must not enroll secondary
pupils, for postsecondary enrollment options purposes, in remedial,
developmental, or other courses that are not college level except when a
student eligible to participate in the graduation incentives program under
section 124D.68 enrolls full time in a middle or early college program
specifically designed to allow the student to earn dual high school and college
credit. In this case, the student shall
receive developmental college credit and not college credit for completing
remedial or developmental courses. Once
a pupil has been enrolled in a any postsecondary course under
this section, the pupil shall not be displaced by another student.
(b) If a postsecondary institution
enrolls a secondary school pupil in a course under this section, the
postsecondary institution also must enroll in the same course an otherwise
enrolled and qualified postsecondary student who qualifies as a veteran under
section 197.447, and demonstrates to the postsecondary institution's
satisfaction that the institution's established enrollment timelines were not
practicable for that student.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 124D.09, subdivision 13, is amended to read:
Subd. 13. Financial arrangements. For a pupil enrolled in a course under this section, the department must make payments according to this subdivision for courses that were taken for secondary credit.
The department must not make payments to a school district or postsecondary institution for a course taken for postsecondary credit only. The department must not make payments to a postsecondary institution for a course from which a student officially withdraws during the first 14 days of the quarter or semester or who has been absent from the postsecondary institution for the first 15 consecutive school days of the quarter or semester and is not receiving instruction in the home or hospital.
A postsecondary institution shall receive the following:
(1) for an institution granting quarter
credit, the reimbursement per credit hour shall be an amount equal to 88
percent of the product of the formula allowance minus $415 $425,
multiplied by 1.3 1.2, and divided by 45; or
(2) for an institution granting semester
credit, the reimbursement per credit hour shall be an amount equal to 88
percent of the product of the general revenue formula allowance minus $415
$425, multiplied by 1.3 1.2, and divided by 30.
The department must pay to each postsecondary institution 100 percent of the amount in clause (1) or (2) within 30 days of receiving initial enrollment information each quarter or semester. If changes in enrollment occur during a quarter or semester, the change shall be reported by the postsecondary institution at the time the enrollment information for the succeeding quarter or semester is submitted. At any time the department notifies a postsecondary institution that an overpayment has been made, the institution shall promptly remit the amount due.
EFFECTIVE
DATE. This section is
effective for fiscal year 2015 and later.
Sec. 5. Minnesota Statutes 2013 Supplement, section 124D.11, subdivision 1, is amended to read:
Subdivision 1. General education revenue. General education revenue must be paid to a charter school as though it were a district. The general education revenue for each adjusted pupil unit is the state average general education revenue per pupil unit, plus the referendum equalization aid allowance in the pupil's district of residence, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without declining enrollment revenue, local optional revenue, basic skills revenue, extended time revenue, pension adjustment revenue, transition revenue, and transportation sparsity revenue, plus declining enrollment revenue, basic skills revenue, extended time revenue, pension adjustment revenue, and transition revenue as though the school were a school district. The general education revenue for each extended time pupil unit equals $4,794.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 6. Minnesota Statutes 2012, section 124D.59, subdivision 2, is amended to read:
Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten through grade 12 who meets the following requirements:
(1) the pupil, as declared by a parent or guardian first learned a language other than English, comes from a home where the language usually spoken is other than English, or usually speaks a language other than English; and
(2) the pupil is determined by a valid assessment measuring the pupil's English language proficiency and by developmentally appropriate measures, which might include observations, teacher judgment, parent recommendations, or developmentally appropriate assessment instruments, to lack the necessary English skills to participate fully in academic classes taught in English.
(b)
Notwithstanding paragraph (a), A pupil enrolled in a Minnesota public
school in grades any grade 4 through 12 who was enrolled
in a Minnesota public school on the dates during in the previous
school year when a commissioner provided took a commissioner-provided
assessment that measures measuring the pupil's emerging academic
English was administered, shall not be counted as an English
learner in calculating English learner pupil units under section 126C.05,
subdivision 17, and shall not generate state English learner aid under
section 124D.65, subdivision 5, unless if the pupil scored below
the state cutoff score or is otherwise counted as a nonproficient participant
on an the assessment measuring the pupil's emerging
academic English provided by the commissioner during the previous school
year, or, in the judgment of the pupil's classroom teachers, consistent
with section 124D.61, clause (1), the pupil is unable to demonstrate academic
language proficiency in English, including oral academic language, sufficient
to successfully and fully participate in the general core curriculum in the
regular classroom.
(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade 12 shall not be counted as an English learner in calculating English learner pupil units under section 126C.05, subdivision 17, and shall not generate state English learner aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the
current fiscal year in an educational program for English learners in
accordance with under sections 124D.58 to 124D.64; or
(2) the pupil has generated five six
or more years of average daily membership in Minnesota public schools since
July 1, 1996.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 7. [124D.695]
APPROVED RECOVERY PROGRAM FUNDING.
Subdivision 1. Approved
recovery program. "Approved
recovery program" means a course of instruction offered by a recovery
school that provides academic services, assistance with recovery, and
continuing care to students recovering from substance abuse or dependency. A recovery program may be offered in a
transitional academic setting designed to meet graduation requirements. A recovery program must be approved by the
commissioner of education. The
commissioner may specify the manner and form of the application for the
approval of a recovery school or recovery program.
Subd. 2. Eligibility. An approved recovery program is
eligible for an annual recovery program grant of up to $125,000 to pay for a
portion of the costs of recovery program support staff under this section. "Recovery program support staff"
means licensed alcohol and chemical dependency counselors, licensed school
counselors, licensed school psychologists, licensed school nurses, and licensed
school social workers.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 8. Minnesota Statutes 2013 Supplement, section 126C.05, subdivision 15, is amended to read:
Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning year program under section 124D.128, an area learning center or an alternative learning program approved by the commissioner under sections 123A.05 and 123A.06, or a contract alternative program under section 124D.68, subdivision 3, paragraph (d), or subdivision 4, for more than 1,020 hours in a school year for a secondary student, more than 935 hours in a school year for an elementary student, more than 850 hours in a school year for a kindergarten student without a disability in an all-day kindergarten program, or more than 425 hours in a school year for a half-day kindergarten student without a disability, that pupil may be counted as more than one pupil in average daily membership for purposes of section 126C.10, subdivision 2a. The amount in excess of one pupil must be determined by the ratio of the number of hours of instruction provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours
required
for a full-time secondary pupil in the district to 1,020 for a secondary pupil;
(ii) the greater of 935 hours or the number of hours required for a full-time
elementary pupil in the district to 935 for an elementary pupil in grades 1
through 6; and (iii) the greater of 425 850 hours or the
number of hours required for a full-time kindergarten student without a
disability in the district to 425 850 for a kindergarten student
without a disability; and (iv) the greater of 425 hours or the number of
hours required for a half-time kindergarten student without a disability in the
district to 425 for a half-day kindergarten student without a disability. Hours that occur after the close of the
instructional year in June shall be attributable to the following fiscal year. A student in kindergarten or grades 1 through
12 must not be counted as more than 1.2 pupils in average daily membership
under this subdivision.
(b)(i) To receive general education revenue for a pupil in an area learning center or alternative learning program that has an independent study component, a district must meet the requirements in this paragraph. The district must develop, for the pupil, a continual learning plan consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.
(ii) General education revenue for a pupil in a state-approved alternative program without an independent study component must be prorated for a pupil participating for less than a full year, or its equivalent. The district must develop a continual learning plan for the pupil, consistent with section 124D.128, subdivision 3. Each school district that has an area learning center or alternative learning program must reserve revenue in an amount equal to at least 90 and not more than 100 percent of the district average general education revenue per pupil unit, minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without basic skills revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units generated by students attending an area learning center or alternative learning program. The amount of reserved revenue available under this subdivision may only be spent for program costs associated with the area learning center or alternative learning program. Basic skills revenue generated according to section 126C.10, subdivision 4, by pupils attending the eligible program must be allocated to the program.
(iii) General education revenue for a pupil in a state-approved alternative program that has an independent study component must be paid for each hour of teacher contact time and each hour of independent study time completed toward a credit or graduation standards necessary for graduation. Average daily membership for a pupil shall equal the number of hours of teacher contact time and independent study time divided by 1,020.
(iv) For a state-approved alternative program having an independent study component, the commissioner shall require a description of the courses in the program, the kinds of independent study involved, the expected learning outcomes of the courses, and the means of measuring student performance against the expected outcomes.
Sec. 9. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2, is amended to read:
Subd. 2. Basic
revenue. For fiscal year 2014, the
basic revenue for each district equals the formula allowance times the adjusted
marginal cost pupil units for the school year.
For fiscal year 2015 and later, the basic revenue for each district
equals the formula allowance times the adjusted pupil units for the school year. The formula allowance for fiscal year 2013 is
$5,224. The formula allowance for fiscal
year 2014 is $5,302. The formula
allowance for fiscal year 2015 and later is $5,806 $5,831.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 10. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2a, is amended to read:
Subd. 2a. Extended time revenue. (a) A school district's extended time revenue for fiscal year 2014 is equal to the product of $4,601 and the sum of the adjusted marginal cost pupil units of the district for each pupil in average daily membership in excess of 1.0 and less than 1.2 according to section 126C.05, subdivision 8. A school district's extended time revenue for fiscal year 2015 and later is equal to the product of $5,017 and the sum of the adjusted pupil units of the district for each pupil in average daily membership in excess of 1.0 and less than 1.2 according to section 126C.05, subdivision 8.
(b) A school district's extended time revenue may be used for extended day programs, extended week programs, summer school, and other programming authorized under the learning year program.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 11. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2c, is amended to read:
Subd. 2c. Small schools revenue. (a) A school district, not including a charter school, is eligible for small schools revenue equal to the greater of the calculation under paragraph (b) or (d).
(b) The product of:
(1) $544;
(2) the district's adjusted pupil units for that year; and
(3) the greater of zero or the ratio of (i) 960 less the district's adjusted pupil units for that year, to (ii) 960.
(c) For the purpose of revenue calculated
under paragraph (d), "district" includes a qualifying high school
under subdivision 6 that is located in a district with more than one
qualifying high school under subdivision 6 at least two high schools.
(d) The product of:
(1) $544;
(2) the district's adjusted pupil units for that year; and
(3) the greater of zero or the ratio of (i) 960 less the district's adjusted pupil units for that year, to (ii) 960.
EFFECTIVE
DATE. This section is
effective for revenue in fiscal year 2015 and later.
Sec. 12. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 24, is amended to read:
Subd. 24. Equity revenue. (a) A school district qualifies for equity revenue if:
(1) the school district's adjusted pupil unit amount of basic revenue, transition revenue, and referendum revenue is less than the value of the school district at or immediately above the 95th percentile of school districts in its equity region for those revenue categories; and
(2) the school district's administrative offices are not located in a city of the first class on July 1, 1999.
(b) Equity revenue for a qualifying district that receives referendum revenue under section 126C.17, subdivision 4, equals the product of (1) the district's adjusted pupil units for that year; times (2) the sum of (i) $14, plus (ii) $80, times the school district's equity index computed under subdivision 27.
(c) Equity revenue for a qualifying district that does not receive referendum revenue under section 126C.17, subdivision 4, equals the product of the district's adjusted pupil units for that year times $14.
(d) A school district's equity revenue is
increased by the greater of zero or an amount equal to the district's resident
adjusted pupil units times the difference between ten percent of the
statewide average amount of referendum revenue per resident adjusted
pupil unit for that year and the district's referendum revenue per resident
adjusted pupil unit. A school
district's revenue under this paragraph must not exceed $100,000 for that year.
(e) A school district's equity revenue for a school district located in the metro equity region equals the amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.
(f) A school district's additional equity revenue equals $50 times its adjusted pupil units.
EFFECTIVE
DATE. The changes in
paragraph (d) are effective for revenue for fiscal year 2015 and later.
Sec. 13. Minnesota Statutes 2012, section 126C.10, subdivision 25, is amended to read:
Subd. 25. Regional
equity gap. The regional equity gap
equals the difference between the value of the school district at or
immediately above the fifth percentile of adjusted general revenue per adjusted
marginal cost pupil unit and the value of the school district at or
immediately above the 95th percentile of adjusted general revenue per adjusted marginal
cost pupil unit.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 14. Minnesota Statutes 2012, section 126C.10, subdivision 26, is amended to read:
Subd. 26. District
equity gap. A district's equity gap
equals the greater of zero or the difference between the district's adjusted
general revenue and the value of the school district at or immediately above
the regional 95th percentile of adjusted general revenue per adjusted marginal
cost pupil unit.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 15. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 31, is amended to read:
Subd. 31. Transition revenue. (a) A district's transition allowance equals the sum of the transition revenue the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.10, subdivisions 31, 31a, and 31c, and the greater of zero or the difference between:
(1) the sum of:
(i) the general education revenue the district would have received for fiscal year 2015 according to Minnesota Statutes 2012, section 126C.10;
(ii)
the integration revenue the district received for fiscal year 2013 under
Minnesota Statutes 2012, section 124D.86;
(iii) the pension adjustment the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 127A.50;
(iv) the special education aid the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 125A.76; and
(v) the special education excess cost aid the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 125A.79; and
(2) the sum of the district's:
(i) general education revenue for fiscal year 2015 excluding transition revenue under this section;
(ii) achievement and integration revenue
for fiscal year 2015 under section 124D.862; and
(iii) special education aid for fiscal year 2015 under section 125A.76; and
(iv) alternative teacher compensation
revenue for fiscal year 2015 under section 122A.415,
divided by the number of adjusted pupil units for fiscal year 2015.
(b) A district's transition revenue for fiscal year 2015 and later equals the product of the district's transition allowance times the district's adjusted pupil units.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 16. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 6, is amended to read:
Subd. 6. Referendum
equalization levy. (a) For fiscal
year 2003 and later, A district's referendum equalization levy equals the
sum of the first tier referendum equalization levy, the second tier referendum
equalization levy, and the third tier referendum equalization levy.
(b) A district's first tier referendum equalization levy equals the district's first tier referendum equalization revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $880,000.
(c) A district's second tier referendum equalization levy equals the district's second tier referendum equalization revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $510,000.
(d) A district's third tier referendum equalization levy equals the district's third tier referendum equalization revenue times the lesser of one or the ratio of the district's referendum market value per resident pupil unit to $290,000.
Sec. 17. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 7b, is amended to read:
Subd. 7b. Referendum aid guarantee. (a) Notwithstanding subdivision 7, the sum of a district's referendum equalization aid and location equity aid under section 126C.10, subdivision 2e, for fiscal year 2015 must not be less than the sum of the referendum equalization aid the district would have received for fiscal year 2015 under Minnesota Statutes 2012, section 126C.17, subdivision 7, and the adjustment the district would have received under Minnesota Statutes 2012, section 127A.47, subdivision 7, paragraphs (a), (b), and (c).
(b) Notwithstanding subdivision 7, the sum of referendum equalization aid and location equity aid under section 126C.10, subdivision 2e, for fiscal year 2016 and later, for a district qualifying for additional aid under paragraph (a) for fiscal year 2015, must not be less than the product of (1) the district's referendum equalization aid for fiscal year
2015, times (2) the lesser of one or the ratio of the district's referendum revenue for that school year to the district's referendum revenue for fiscal year 2015, times (3) the lesser of one or the ratio of the district's referendum market value used for fiscal year 2015 referendum equalization calculations to the district's referendum market value used for that year's referendum equalization calculations.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 18. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. Referendum revenue. (a) The revenue authorized by section 126C.10, subdivision 1, may be increased in the amount approved by the voters of the district at a referendum called for the purpose. The referendum may be called by the board. The referendum must be conducted one or two calendar years before the increased levy authority, if approved, first becomes payable. Only one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail under subdivision 11, paragraph (a), the referendum must be held on the first Tuesday after the first Monday in November. The ballot must state the maximum amount of the increased revenue per adjusted pupil unit. The ballot may state a schedule, determined by the board, of increased revenue per adjusted pupil unit that differs from year to year over the number of years for which the increased revenue is authorized or may state that the amount shall increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum levy authority is expiring. In this case, the ballot may also compare the proposed levy authority to the existing expiring levy authority, and express the proposed increase as the amount, if any, over the expiring referendum levy authority. The ballot must designate the specific number of years, not to exceed ten, for which the referendum authorization applies. The ballot, including a ballot on the question to revoke or reduce the increased revenue amount under paragraph (c), must abbreviate the term "per adjusted pupil unit" as "per pupil." The notice required under section 275.60 may be modified to read, in cases of renewing existing levies at the same amount per pupil as in the previous year:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING TO EXTEND AN EXISTING PROPERTY TAX REFERENDUM THAT IS SCHEDULED TO EXPIRE."
The ballot may contain a textual portion with the information required in this subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per adjusted pupil unit times the adjusted pupil units for the school year beginning in the year after the levy is certified shall be authorized for certification for the number of years approved, if applicable, or until revoked or reduced by the voters of the district at a subsequent referendum.
(b) The board must prepare and deliver by first class mail at least 15 days but no more than 30 days before the day of the referendum to each taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice to any taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be those shown to be owners on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer. Every property owner whose name does not appear on the records of the county auditor or the county treasurer is deemed to have waived this mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as the case may be, include the name on the records for this purpose. The notice must project the anticipated amount of tax increase in annual dollars for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring and project the anticipated amount of increase over the existing referendum levy in the first year, if any, in annual dollars for typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will result in an increase in your property taxes." However, in cases of renewing existing levies, the notice may include the following statement: "Passage of this referendum extends an existing operating referendum at the same amount per pupil as in the previous year."
(c) A referendum on the question of revoking
or reducing the increased revenue amount authorized pursuant to paragraph (a)
may be called by the board. A referendum
to revoke or reduce the revenue amount must state the amount per resident
marginal cost adjusted pupil unit by which the authority is to be
reduced. Revenue authority approved by
the voters of the district pursuant to paragraph (a) must be available to the
school district at least once before it is subject to a referendum on its
revocation or reduction for subsequent years.
Only one revocation or reduction referendum may be held to revoke or
reduce referendum revenue for any specific year and for years thereafter.
(d) The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this subdivision.
(e) At least 15 days before the day of the referendum, the district must submit a copy of the notice required under paragraph (b) to the commissioner and to the county auditor of each county in which the district is located. Within 15 days after the results of the referendum have been certified by the board, or in the case of a recount, the certification of the results of the recount by the canvassing board, the district must notify the commissioner of the results of the referendum.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 19. Minnesota Statutes 2013 Supplement, section 126C.17, subdivision 9a, is amended to read:
Subd. 9a. Board-approved referendum allowance. Notwithstanding subdivision 9, a school district may convert up to $300 per adjusted pupil unit of referendum authority from voter approved to board approved by a board vote. A district with less than $300 per adjusted pupil unit of referendum authority after the local optional revenue subtraction under subdivision 1 may authorize new referendum authority up to the difference between $300 per adjusted pupil unit and the district's referendum authority. The board may authorize this levy for up to five years and may subsequently reauthorize that authority in increments of up to five years.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 20. Minnesota Statutes 2013 Supplement, section 126C.44, is amended to read:
126C.44
SAFE SCHOOLS LEVY.
(a) Each district may make a levy on all taxable property located within the district for the purposes specified in this section. The maximum amount which may be levied for all costs under this section shall be equal to $36 multiplied by the district's adjusted pupil units for the school year. The proceeds of the levy must be reserved and used for directly funding the following purposes or for reimbursing the cities and counties who contract with the district for the following purposes:
(1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in services in the district's schools;
(2) to pay the costs for a drug abuse prevention program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's schools;
(4) to pay the costs for security in the district's schools and on school property;
(5) to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary opt-in suicide prevention tools, and violence prevention measures taken by the school district;
(6) to pay costs for licensed school counselors, licensed school nurses, licensed school social workers, licensed school psychologists, and licensed alcohol and chemical dependency counselors to help provide early responses to problems;
(7) to pay for facility security enhancements including laminated glass, public announcement systems, emergency communications devices, and equipment and facility modifications related to violence prevention and facility security;
(8) to pay for costs associated with improving the school climate; or
(9) to pay costs for colocating and collaborating with mental health professionals who are not district employees or contractors.
(b) For expenditures under paragraph (a), clause (1), the district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries.
(c) A school district that is a member of an
intermediate school district may include in its authority under this section
the costs associated with safe schools activities authorized under paragraph
(a) for intermediate school district programs.
This authority must not exceed $10 $15 times the adjusted marginal
cost pupil units of the member districts.
This authority is in addition to any other authority authorized under
this section. Revenue raised under this
paragraph must be transferred to the intermediate school district.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015 and later.
Sec. 21. Minnesota Statutes 2012, section 127A.45, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) "Other district receipts" means payments by county treasurers pursuant to section 276.10, apportionments from the school endowment fund pursuant to section 127A.33, apportionments by the county auditor pursuant to section 127A.34, subdivision 2, and payments to school districts by the commissioner of revenue pursuant to chapter 298.
(b) "Cumulative amount guaranteed" means the product of
(1) the cumulative disbursement percentage shown in subdivision 3; times
(2) the sum of
(i) the current year aid payment percentage of the estimated aid and credit entitlements paid according to subdivision 13; plus
(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) "Payment date" means the date on which state payments to districts are made by the electronic funds transfer method. If a payment date falls on a Saturday, a Sunday, or a weekday which is a legal holiday, the payment shall be made on the immediately preceding business day. The commissioner may make payments on dates other than those listed in subdivision 3, but only for portions of payments from any preceding payment dates which could not be processed by the electronic funds transfer method due to documented extenuating circumstances.
(d) The current year aid payment
percentage equals 73 in fiscal year 2010 and 70 in fiscal year 2011, and 60 in
fiscal years 2012 and later 90.
Sec. 22. Minnesota Statutes 2012, section 127A.45, subdivision 3, is amended to read:
Subd. 3. Payment dates and percentages. (a) The commissioner shall pay to a district on the dates indicated an amount computed as follows: the cumulative amount guaranteed minus the sum of (1) the district's other district receipts through the current payment, and (2) the aid and credit payments through the immediately preceding payment. For purposes of this computation, the payment dates and the cumulative disbursement percentages are as follows:
|
Payment date |
Percentage |
|
|
|
|
|
Payment 1 |
July 15: |
5.5 |
|
Payment 2 |
July 30: |
8.0 |
|
Payment 3 |
August 15: |
17.5 |
|
Payment 4 |
August 30: |
20.0 |
|
Payment 5 |
September 15: |
22.5 |
|
Payment 6 |
September 30: |
25.0 |
|
Payment 7 |
October 15: |
27.0 |
|
Payment 8 |
October 30: |
30.0 |
|
Payment 9 |
November 15: |
32.5 |
|
Payment 10 |
November 30: |
36.5 |
|
Payment 11 |
December 15: |
42.0 |
|
Payment 12 |
December 30: |
45.0 |
|
Payment 13 |
January 15: |
50.0 |
|
Payment 14 |
January 30: |
54.0 |
|
Payment 15 |
February 15: |
58.0 |
|
Payment 16 |
February 28: |
63.0 |
|
Payment 17 |
March 15: |
68.0 |
|
Payment 18 |
March 30: |
74.0 |
|
Payment 19 |
April 15: |
78.0 |
|
Payment 20 |
April 30: |
85.0 |
|
Payment 21 |
May 15: |
90.0 |
|
Payment 22 |
May 30: |
95.0 |
|
Payment 23 |
June 20: |
100.0 |
|
(b) In addition to the amounts paid under paragraph (a), the commissioner shall pay to a school district or charter school on the dates indicated an amount computed as follows:
Payment 3 |
August 15: the final adjustment for the prior fiscal year for the state paid property tax credits established in section 273.1392 |
Payment 4 |
August 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
Payment 6 |
September 30: 40 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
Payment 8 |
October 30: 30 percent of the final adjustment for the prior fiscal year for all aid entitlements except state paid property tax credits |
(c) Notwithstanding paragraph (b), if the current year aid payment percentage under subdivision 2, paragraph (d), is less than 90, in addition to the amounts paid under paragraph (a), the commissioner shall pay to a charter school on the dates indicated an amount computed as follows:
Payment 1 |
July 15: 75 percent of the final adjustment for the prior fiscal year for all aid entitlements |
Payment 8 |
October
30: 25 percent of the final adjustment
for the prior fiscal year for all aid entitlements |
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 23. Minnesota Statutes 2013 Supplement, section 127A.47, subdivision 7, is amended to read:
Subd. 7. Alternative attendance programs. (a) The general education aid and special education aid for districts must be adjusted for each pupil attending a nonresident district under sections 123A.05 to 123A.08, 124D.03, 124D.08, and 124D.68. The adjustments must be made according to this subdivision.
(b) For purposes of this subdivision, the "unreimbursed cost of providing special education and services" means the difference between: (1) the actual cost of providing special instruction and services, including special transportation and unreimbursed building lease and debt service costs for facilities used primarily for special education, for a pupil with a disability, as defined in section 125A.02, or a pupil, as defined in section 125A.51, who is enrolled in a program listed in this subdivision, minus (2) if the pupil receives special instruction and services outside the regular classroom for more than 60 percent of the school day, the amount of general education revenue and referendum equalization aid as defined in section 125A.11, subdivision 1, paragraph (c), attributable to that pupil for the portion of time the pupil receives special instruction and services outside of the regular classroom, excluding portions attributable to district and school administration, district support services, operations and maintenance, capital expenditures, and pupil transportation, minus (3) special education aid under section 125A.76 attributable to that pupil, that is received by the district providing special instruction and services. For purposes of this paragraph, general education revenue and referendum equalization aid attributable to a pupil must be calculated using the serving district's average general education revenue and referendum equalization aid per adjusted pupil unit.
(c) For fiscal year 2015 and later, special education aid paid to a resident district must be reduced by an amount equal to 90 percent of the unreimbursed cost of providing special education and services.
(d) Notwithstanding paragraph (c), special education aid paid to a resident district must be reduced by an amount equal to 100 percent of the unreimbursed cost of special education and services provided to students at an intermediate district, cooperative, or charter school where the percent of students eligible for special education services is at least 70 percent of the charter school's total enrollment.
(e) Special education aid paid to the district or cooperative providing special instruction and services for the pupil, or to the fiscal agent district for a cooperative, must be increased by the amount of the reduction in the aid paid to the resident district under paragraphs (c) and (d). If the resident district's special education aid is insufficient to make the full adjustment, the remaining adjustment shall be made to other state aids due to the district.
(f) An area learning center operated by a service cooperative, intermediate district, education district, or a joint powers cooperative may elect through the action of the constituent boards to charge the resident district tuition for pupils rather than to have the general education revenue paid to a fiscal agent school district. Except as provided in paragraph (e), the district of residence must pay tuition equal to at least 90 and no more than 100 percent of the district average general education revenue per pupil unit minus an amount equal to the product of the formula allowance according to section 126C.10, subdivision 2, times .0466, calculated without compensatory revenue, local optional revenue, and transportation sparsity revenue, times the number of pupil units for pupils attending the area learning center.
EFFECTIVE
DATE. This section is effective
for revenue for fiscal year 2015 and later.
Sec. 24. Laws 2012, chapter 263, section 1, is amended to read:
Section 1.
INNOVATIVE DELIVERY OF EDUCATION
SERVICES AND SHARING OF DISTRICT RESOURCES; PILOT PROJECT.
Subdivision 1. Establishment;
requirements for participation. (a)
A five-year pilot project for the 2013-2014 through 2017-2018 school
years is established to improve student and school outcomes by allowing
groups of school districts to work together to provide innovative education programs
and activities and share district resources.
The pilot project may last until June 30, 2018, or for up to five
years, whichever is less, except that innovation partnerships formed during the
period of the pilot project may continue past June 30, 2018, with the agreement
of the partnership members.
(b) To participate in this pilot project to improve student and school outcomes, a group of two or more school districts must collaborate with school staff and receive formal school board approval to form a partnership. The partnership must develop a plan to provide challenging programmatic options for students, create professional development opportunities for educators, increase student engagement and connection and challenging learning opportunities for students, or demonstrate efficiencies in delivering financial and other services. The plan must establish:
(1) collaborative educational goals and objectives;
(2) strategies and processes to implement those goals and objectives, including a budget process with periodic expenditure reviews;
(3) valid and reliable measures to evaluate progress in realizing the goals and objectives;
(4) an implementation timeline; and
(5) other applicable conditions, regulations, responsibilities, duties, provisions, fee schedules, and legal considerations needed to fully implement the plan.
A partnership may invite additional districts to join the partnership during the pilot project term after notifying the commissioner.
(c) A partnership of interested districts
must apply by February 1, 2013, of any year to the education
commissioner in the form and manner the commissioner determines, consistent
with this section. The application must
contain the formal approval adopted by the school board in each district to
participate in the plan.
(d) Notwithstanding other law to the contrary, a participating school district under this section continues to: receive revenue and maintain its taxation authority; be organized and governed by an elected school board with general powers under Minnesota Statutes, section 123B.02; and be subject to employment agreements under Minnesota Statutes, chapter 122A, and Minnesota Statutes, section 179A.20; and district employees continue to remain employees of the employing school district.
Subd. 2. Commissioner's
role. Interested groups of school
districts must submit a completed application to the commissioner by March 1,
2013, of any year in the form and manner determined by the
commissioner. The education commissioner
must convene an advisory panel composed of a teacher appointed by Education
Minnesota, a school principal appointed by the Minnesota Association of
Secondary School Principals, a school board member appointed by the Minnesota
School Boards Association, and a school superintendent appointed by the
Minnesota Association of School Administrators to advise the commissioner on
applicants' qualifications to participate in this pilot project. The commissioner must select between three
and may select up to six qualified applicants under subdivision 1 by
April 1, 2013, of any year to participate in this pilot project,
ensuring an equitable geographical distribution of project participants to the
extent practicable. The commissioner
must select only those applicants that fully comply with the requirements in
subdivision 1. The commissioner must
terminate a project participant that fails to effectively implement the goals
and objectives contained in its application and according to its stated
timeline.
Subd. 3. Pilot
project evaluation. Participating
school districts must submit pilot project data to the commissioner in the form
and manner determined by the commissioner.
The education commissioner must analyze participating districts'
progress in realizing their educational goals and objectives to work together
in providing innovative education programs and activities and sharing resources. The commissioner must include the analysis of
best practices in a report to the legislative committees with jurisdiction over
kindergarten through grade 12 education finance and policy on the efficacy of
this pilot project. The commissioner may
shall submit an interim project report at any time by February
1, 2016, and must submit a final report to the legislature by February 1, 2018
2019, recommending whether or not to continue or expand the pilot
project.
Sec. 25. Laws 2012, chapter 263, section 1, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective the
day following final enactment and applies to the 2013-2014 through 2017-2018
school years.
Sec. 26. Laws 2013, chapter 116, article 1, section 58, subdivision 2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The
2014 appropriation includes $781,842,000 $780,156,000 for 2013
and $5,269,924,000 $6,071,263,000 for 2014.
The
2015 appropriation includes $823,040,000 $589,095,000 for 2014
and $5,547,600,000 $5,875,104,000 for 2015.
Sec. 27. Laws 2013, chapter 116, article 1, section 58, subdivision 6, is amended to read:
Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $2,099,000
$1,898,000 for 2013 and $13,483,000 $13,969,000 for 2014.
The 2015 appropriation includes $2,122,000
$1,552,000 for 2014 and $14,047,000 $14,580,000 for 2015.
Sec. 28. Laws 2013, chapter 116, article 1, section 58, subdivision 7, is amended to read:
Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $2,668,000
$2,602,000 for 2013 and $15,897,000 $15,898,000 for 2014.
The 2015 appropriation includes $2,502,000
$1,766,000 for 2014 and $16,444,000 $15,944,000 for 2015.
Sec. 29. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Recovery
program grants. For recovery
program grants under Minnesota Statutes, section 124D.695:
|
|
$500,000
|
.
. . . . |
2015
|
Sec. 30. REVISOR'S
INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall change the term "location equity" to "local
optional."
Sec. 31. REPEALER.
The amendments to Minnesota Statutes,
section 124D.09, subdivision 9, made by Laws 2014, chapter 272, article 3,
section 32, if enacted, are repealed the day following final enactment.
ARTICLE 16
EDUCATION EXCELLENCE
Section 1. Minnesota Statutes 2012, section 13.43, subdivision 16, is amended to read:
Subd. 16. School
district or charter school disclosure of violence or inappropriate sexual
contact. The superintendent of a
school district or the superintendent's designee, or a person having
administrative control of a charter school, must release to a requesting school
district or charter school private personnel data on a current or former
employee related to acts of violence toward or sexual contact with a student,
if:
(1) an investigation conducted by
or on behalf of the school district or law enforcement affirmed the allegations
in writing prior to release and the investigation resulted in the resignation
of the subject of the data; or
(2) the employee resigned while a complaint or charge involving the allegations was pending, the allegations involved acts of sexual contact with a student, and the employer informed the employee in writing, before the employee resigned, that if the employee resigns while the complaint or charge is still pending, the employer must release private personnel data about the employee's alleged sexual contact with a student to a school district or charter school requesting the data after the employee applies for employment with that school district or charter school and the data remain classified as provided in chapter 13.
Data that are released under this
subdivision must not include data on the student.
Sec. 2. Minnesota Statutes 2012, section 122A.40, subdivision 13, is amended to read:
Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph (b), a board may discharge a continuing-contract teacher, effective immediately, upon any of the following grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the teacher from classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release of the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of absence and inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must notify the teacher in writing and state its ground for the proposed discharge in reasonable detail. Within ten days after receipt of this notification the teacher may make a written request for a hearing before the board and it shall be granted before final action is taken. The board may suspend a teacher with pay pending the conclusion of the hearing and determination of the issues raised in the hearing after charges have been filed which constitute ground for discharge. If a teacher has been charged with a felony and the underlying conduct that is the subject of the felony charge is a ground for a proposed immediate discharge, the suspension pending the conclusion of the hearing and determination of the issues may be without pay. If a hearing under this paragraph is held, the board must reimburse the teacher for any salary or compensation withheld if the final decision of the board or the arbitrator does not result in a penalty to or suspension, termination, or discharge of the teacher.
(b) A board must discharge a continuing-contract teacher, effective immediately, upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) When a teacher is discharged under
paragraph (b) or when the commissioner makes a final determination of child
maltreatment involving a teacher under section 626.556, subdivision 11, the
school principal or other person having administrative control of the school
must include in the teacher's employment record the information contained in
the record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision
5, and must provide the Board of Teaching and the licensing division at the
department with the necessary and relevant information to enable the Board of
Teaching and the department's licensing division to fulfill their statutory and
administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received
by the Board of Teaching or the licensing division at the department under this
paragraph is governed by section 13.41 or other applicable law governing data
of the receiving entity. In addition to
the background check required under section 123B.03, a school board or other
school hiring authority must contact the Board of Teaching and the department
to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified
in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining
agreement, the responsible authority for a school district must disseminate to
another school
district
private personnel data on a current or former teacher employee or contractor of
the district, including the results of background investigations, if the requesting
school district seeks the information because the subject of the data has
applied for employment with the requesting school district.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2012, section 122A.41, subdivision 6, is amended to read:
Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided in paragraph (b), causes for the discharge or demotion of a teacher either during or after the probationary period must be:
(1) immoral character, conduct unbecoming a teacher, or insubordination;
(2) failure without justifiable cause to teach without first securing the written release of the school board having the care, management, or control of the school in which the teacher is employed;
(3) inefficiency in teaching or in the management of a school, consistent with subdivision 5, paragraph (b);
(4) affliction with active tuberculosis or other communicable disease must be considered as cause for removal or suspension while the teacher is suffering from such disability; or
(5) discontinuance of position or lack of pupils.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair discriminatory practice described in section 363A.13.
(b) A probationary or continuing-contract teacher must be discharged immediately upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
(c) When a teacher is discharged under
paragraph (b) or when the commissioner makes a final determination of child
maltreatment involving a teacher under section 626.556, subdivision 11, the
school principal or other person having administrative control of the school must
include in the teacher's employment record the information contained in the
record of the disciplinary action or the final maltreatment determination,
consistent with the definition of public data under section 13.41, subdivision
5, and must provide the Board of Teaching and the licensing division at the
department with the necessary and relevant information to enable the Board of
Teaching and the department's licensing division to fulfill their statutory and
administrative duties related to issuing, renewing, suspending, or revoking a
teacher's license. Information received
by the Board of Teaching or the licensing division at the department under this
paragraph is governed by section 13.41 or other applicable law governing data
of the receiving entity. In addition to
the background check required under section 123B.03, a school board or other
school hiring authority must contact the Board of Teaching and the department
to determine whether the teacher's license has been suspended or revoked,
consistent with the discharge and final maltreatment determinations identified
in this paragraph. Unless restricted by
federal or state data practices law or by the terms of a collective bargaining
agreement, the responsible authority for a school district must disseminate to
another school district private personnel data on a current or former teacher
employee or contractor of the district, including the results of background
investigations, if the requesting school district seeks the information because
the subject of the data has applied for employment with the requesting school
district.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2012, section 122A.414, subdivision 2, as amended by Laws 2014, chapter 272, article 3, section 17, if enacted, is amended to read:
Subd. 2. Alternative teacher professional pay system. (a) To participate in this program, a school district, intermediate school district, school site, or charter school must have an educational improvement plan under section 122A.413 and an alternative teacher professional pay system agreement under paragraph (b). A charter school participant also must comply with subdivision 2a.
(b) The alternative teacher professional pay system agreement must:
(1) describe how teachers can achieve career advancement and additional compensation;
(2) describe how the school district, intermediate school district, school site, or charter school will provide teachers with career advancement options that allow teachers to retain primary roles in student instruction and facilitate site-focused professional development that helps other teachers improve their skills;
(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation paid before implementing the pay system from being reduced as a result of participating in this system, base at least 60 percent of any compensation increase on teacher performance using:
(i) schoolwide student achievement gains under section 120B.35 or locally selected standardized assessment outcomes, or both;
(ii) measures of student growth and
literacy that may include value-added models or student learning goals,
consistent with section 122A.40, subdivision 8, clause (9), or 122A.41,
subdivision 5, clause (9), and other measures that include the academic
literacy, oral academic language, and achievement of English learners under
section 122A.40, subdivision 8, clause (10), or 122A.41, subdivision 5, clause
(10); and
(iii) an objective evaluation program under section 122A.40, subdivision 8, paragraph (b), clause (2), or 122A.41, subdivision 5, paragraph (b), clause (2);
(4) provide for participation in job-embedded learning opportunities such as professional learning communities to improve instructional skills and learning that are aligned with student needs under section 122A.413, consistent with the staff development plan under section 122A.60 and led during the school day by trained teacher leaders such as master or mentor teachers;
(5) allow any teacher in a participating school district, intermediate school district, school site, or charter school that implements an alternative pay system to participate in that system without any quota or other limit; and
(6) encourage collaboration rather than competition among teachers.
EFFECTIVE
DATE. The amendments made by
this section are effective for agreements approved after August 1, 2015.
Sec. 5. Minnesota Statutes 2012, section 122A.415, subdivision 1, is amended to read:
Subdivision 1. Revenue amount. (a) A school district, intermediate school district, school site, or charter school that meets the conditions of section 122A.414 and submits an application approved by the commissioner is eligible for alternative teacher compensation revenue.
(b) For school district and intermediate school district applications, the commissioner must consider only those applications to participate that are submitted jointly by a district and the exclusive representative of the teachers. The application must contain an alternative teacher professional pay system agreement that:
(1) implements an alternative teacher professional pay system consistent with section 122A.414; and
(2) is negotiated and adopted according to the Public Employment Labor Relations Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a district may enter into a contract for a term of two or four years.
Alternative teacher compensation revenue
for a qualifying school district or site in which the school board and the
exclusive representative of the teachers agree to place teachers in the
district or at the site on the alternative teacher professional pay system
equals $260 times the number of pupils enrolled at the district or site on
October 1 of the previous fiscal year. Alternative
teacher compensation revenue for a qualifying intermediate school district must
be calculated under section 126C.10, subdivision 34 subdivision 4,
paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the revenue shall be computed using the sum of pupils enrolled on October 1 of the previous year in the districts entering into the combination or consolidation. The commissioner may adjust the revenue computed for a site using prior year data to reflect changes attributable to school closings, school openings, or grade level reconfigurations between the prior year and the current year.
(d) The revenue is available only to school districts, intermediate school districts, school sites, and charter schools that fully implement an alternative teacher professional pay system by October 1 of the current school year.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 6. Minnesota Statutes 2013 Supplement, section 124D.862, subdivision 1, is amended to read:
Subdivision 1. Initial achievement and integration revenue. (a) An eligible district's initial achievement and integration revenue equals the lesser of 100.3 percent of the district's expenditures under the budget approved by the commissioner under section 124D.861, subdivision 3, paragraph (c), excluding expenditures used to generate incentive revenue under subdivision 2, or the sum of (1) $350 times the district's adjusted pupil units for that year times the ratio of the district's enrollment of protected students for the previous school year to total enrollment for the previous school year and (2) the greater of zero or 66 percent of the difference between the district's integration revenue for fiscal year 2013 and the district's integration revenue for fiscal year 2014 under clause (1).
(b) In each year, 0.3 percent of each district's initial achievement and integration revenue is transferred to the department for the oversight and accountability activities required under this section and section 124D.861.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 7. Minnesota Statutes 2013 Supplement, section 124D.862, subdivision 2, is amended to read:
Subd. 2. Incentive
revenue. An eligible school
district's maximum incentive revenue equals $10 per adjusted pupil unit. In order to receive this revenue, a
district must be A district's incentive revenue equals the lesser of the
maximum incentive revenue or the district's expenditures for implementing a
voluntary plan to reduce racial and economic enrollment disparities through
intradistrict and interdistrict activities that have been approved as a part of
the district's achievement and integration plan under the budget approved by
the commissioner under section 124D.861, subdivision 3, paragraph (c).
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 8. Laws 2013, chapter 116, article 3, section 37, subdivision 8, is amended to read:
Subd. 8. Tribal contract schools. For tribal contract school aid under Minnesota Statutes, section 124D.83:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $266,000
$166,000 for 2013 and $1,814,000 $1,878,000 for 2014.
The 2015 appropriation includes $285,000
$208,000 for 2014 and $1,945,000 $1,953,000 for 2015.
Sec. 9. Laws 2013, chapter 116, article 3, section 37, subdivision 15, is amended to read:
Subd. 15. Early childhood literacy programs. For early childhood literacy programs under Minnesota Statutes, section 119A.50, subdivision 3:
|
|
$4,125,000 |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Up to $4,125,000 each in the
first year and $5,125,000 in the second year is for leveraging
federal and private funding to support AmeriCorps members serving in the
Minnesota Reading Corps program established by ServeMinnesota, including costs
associated with the training and teaching of early literacy skills to children
age three to grade 3 and the evaluation of the impact of the program under
Minnesota Statutes, sections 124D.38, subdivision 2, and 124D.42, subdivision 6. Up to $1,000,000 in fiscal year 2015 must
be used to support priority and focus schools as defined by the Department of
Education and to expand kindergarten programming.
Any balance in the first year does not cancel but is available in the second year.
The base for fiscal year 2016 and later
is $4,375,000.
Sec. 10. Laws 2013, chapter 116, article 3, section 37, subdivision 18, is amended to read:
Subd. 18. School
Climate Safety Technical Assistance Center. For the School Climate Safety
Technical Assistance Center under Minnesota Statutes, section 127A.052:
|
|
$500,000 |
. . . . . |
2014 |
|
|
$500,000 |
. . . . . |
2015 |
Sec. 11. BETTER
ALIGNING MINNESOTA'S ALTERNATIVE TEACHER PROFESSIONAL PAY SYSTEM AND TEACHER
DEVELOPMENT AND EVALUATION PROGRAM.
To better align Minnesota's alternative
teacher professional pay system under Minnesota Statutes, sections 122A.413 to
122A.416, and Minnesota's teacher development and evaluation program under
Minnesota Statutes, sections 122A.40, subdivision 8, and 122A.41, subdivision
5, and effect and fund an improved alignment of this system and program, the
commissioner of education must consult with stakeholders, including, but not
limited to, representatives of the Minnesota Association of School
Administrators, the Minnesota Association of Secondary School Principals, the
Minnesota Elementary School Principals' Association, Education Minnesota,
Schools for Equity in Education, the Minnesota Business Partnership, the
Minnesota Chamber of Commerce, the Minnesota School Boards Association, the
Department of Education, the College of Education and Human Development at the
University of Minnesota, the Minnesota Association of the Colleges for Teacher
Education, licensed elementary and secondary school teachers employed in school
districts with an alternative teacher professional pay system
agreement
and licensed elementary and secondary school teachers employed in school
districts without an alternative teacher professional pay system agreement,
where one or more of these teachers may be a master teacher, peer evaluator, in
another teacher leader position, or national board certified teacher, a teacher
or school administrator employed in a Minnesota charter school with an
alternative teacher professional pay system agreement and a teacher or school
administrator employed in a Minnesota charter school without an alternative
teacher professional pay system agreement, a parent or guardian of a student
currently enrolled in a Minnesota public school, the Association of Metropolitan
School Districts, and the Minnesota Rural Education Association. The commissioner also must consult with
members of the house of representatives and members of the senate.
The commissioner, by February 1, 2015,
must submit to the education policy and finance committees of the legislature
written recommendations on better aligning and financing the alternative
teacher professional pay system and teacher development and evaluation program.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. CAREER
AND TECHNICAL EDUCATION PROGRAM INVENTORY.
(a) The commissioner of education must
consult with experts knowledgeable about secondary and postsecondary career and
technical education programs to determine the content and status of particular
career and technical education programs in Minnesota school districts,
including cooperating districts under Minnesota Statutes, 123A.33, subdivision
2, integration districts, and postsecondary institutions partnering with school
districts or offering courses through PSEO or career and technical programs and
the rates of student participation and completion for these various programs,
including: agriculture, food, and
natural resources; architecture and construction; arts, audiovisual technology,
and communications; business management and administration; computer science;
family and consumer science; finance; health science; hospitality and tourism;
human services; information technology; manufacturing; marketing; science,
technology, engineering, and mathematics; and transportation, distribution, and
logistics.
(b) To accomplish paragraph (a) and to
understand the current role of local school districts and postsecondary
institutions in providing career and technical education programs, the
commissioner of education, in consultation with experts, also must examine the
extent to which secondary and postsecondary education programs offer students a
progression of coordinated, nonduplicative courses that adequately prepare
students to successfully complete a career and technical education program.
(c) The commissioner of education must
submit a report by February 1, 2015, to the education policy and finance
committees of the legislature, consistent with this section, and include
information about each district's dedicated equipment, resources, and
relationships with postsecondary institutions and the local business community.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. INFORMATION
TECHNOLOGY CERTIFICATION PARTNERSHIPS; REQUEST FOR PROPOSAL; PROGRAM
REQUIREMENTS.
(a) The commissioner shall contract
with at least one provider to provide information technology education
opportunities to students in grades 9 through 12. This partnership must allow participating
students and teachers to secure broad-based information technology
certifications.
(b) The commissioner shall issue a
competitive request for proposals, award the contract, and make available,
through participating school districts, charter schools, and intermediate
districts, instruction on information technology skills and competencies that
are essential for career and college readiness.
The request for proposals shall at least include the following
components:
(1)
a research-based curriculum;
(2) online access to the curriculum;
(3) instructional software for
classroom and student use;
(4) certification of skills and
competencies in a broad array of information technology-related skill areas;
(5) professional development for
teachers; and
(6) deployment and program support,
including, but not limited to, integration with academic standards under
Minnesota Statutes, section 120B.021 or 120B.022.
(c) If the contract awarded under this
section does not allow for the service to be delivered in every eligible
school, the commissioner shall make the contracted service available on a
first-come, first-served basis to an equal number of schools in each of the
regions represented by a regional development commission under Minnesota
Statutes, section 462.387, and in the region consisting of counties not
represented by a regional development commission. If participating schools in any region do not
exhaust the services allocated to that region, the commissioner may reallocate
unused services to other regions.
Sec. 14. LEGISLATIVE
REPORT ON K-12 STUDENTS' EXPERIENCE WITH PHYSICAL EDUCATION.
(a) The commissioner of education must
prepare and submit to the education policy and finance committees of the
legislature by January 15, 2015, a written report on K-12 students' experience
with physical education, consistent with this section. Among other physical education-related
issues, the report must include:
(1) the number of minutes per day and
frequency per week students in each grade level, kindergarten through grade 8,
receive physical education, identify the requirements in high school physical
education in terms of semesters, trimesters, quarters, or school years;
(2) the measures and data used to
assess students' level of fitness and the uses made of the fitness data;
(3) the educational preparation of
physical education instructors and the proportion of time certified physical
education teachers provide physical education instruction;
(4) the amount of time and number of
days per week each grade level, kindergarten through grade 6, receives recess;
(5) whether high school students are
allowed to substitute other activities for required physical education, and, if
so, which activities qualify;
(6) identify the number or percentage
of high school students who earn required physical education credits online;
(7) whether schools offer before or
after school physical activities opportunities in each grade level,
kindergarten through grade 8, and in high school, and, if so, what are the
opportunities; and
(8) the extent to which schools
coordinate with developmentally adaptive physical education specialists when
needed.
(b)
Any costs of preparing this report must be paid for out of the Department of
Education's current operating budget.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. TEACHER
DEVELOPMENT AND EVALUATION REVENUE.
(a) For fiscal year 2015 only, teacher
development and evaluation revenue for a school district, intermediate school
district, or charter school that does not have an alternative professional pay
system agreement under Minnesota Statutes, section 122A.414, subdivision 2,
equals $302 times the number of full-time equivalent teachers employed on
October 1 of the previous school year. Revenue
under this section must be reserved for teacher development and evaluation
activities consistent with Minnesota Statutes, section 122A.40, subdivision 8,
or Minnesota Statutes, section 122A.41, subdivision 5. For the purposes of this section,
"teacher" has the meaning given
it in Minnesota Statutes, section 122A.40, subdivision 1, or Minnesota
Statutes, section 122A.41, subdivision 1.
(b) Notwithstanding paragraph (a), the
state total teacher development and evaluation revenue entitlement must not
exceed $10,000,000 for fiscal year 2015.
The commissioner must limit the amount of revenue under this section so
as not to exceed this limit.
Sec. 16. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Career
and technical program inventory. For
the career and technical program inventory program under section 12:
|
|
$100,000
|
.
. . . . |
2015
|
This is a onetime appropriation.
Subd. 3. Teacher
Professional Pay System and Teacher Evaluation Program alignment. For the alignment and reporting
activities under section 11:
|
|
$25,000
|
.
. . . . |
2015
|
This is a onetime appropriation.
Subd. 4. Northwestern
Online College in the High School program.
For the Northwestern Online College in the High School program:
|
|
$160,000
|
.
. . . . |
2015
|
The base for fiscal year 2016 and later
is $0.
Subd. 5. Information
technology certification partnership.
For an information technology certification partnership.
|
|
$300,000
|
.
. . . . |
2015
|
The base for 2016 and later is $0.
Subd. 6. Legislative
report on K-12 students' experience with physical education. For the preparation of the legislative
report on K-12 students' experience with physical education.
|
|
$25,000
|
.
. . . . |
2015
|
The base for fiscal year 2016 and later
is $0.
Subd. 7. Teacher
development and evaluation. For
teacher development and evaluation revenue.
|
|
$9,000,000
|
.
. . . . |
2015
|
The 2015 appropriation includes $0 for
2014 and $9,000,000 for 2015. This is a
onetime appropriation and is available until expended.
Sec. 17. REPEALER.
The amendments to Minnesota Statutes,
section 122A.414, subdivision 2, made by Laws 2014, chapter 272, article 1,
section 22, if enacted, are repealed the day following final enactment.
ARTICLE 17
SPECIAL EDUCATION
Section 1. Minnesota Statutes 2013 Supplement, section 125A.0942, is amended to read:
125A.0942
STANDARDS FOR RESTRICTIVE PROCEDURES.
Subdivision 1. Restrictive procedures plan. (a) Schools that intend to use restrictive procedures shall maintain and make publicly accessible in an electronic format on a school or district Web site or make a paper copy available upon request describing a restrictive procedures plan for children with disabilities that at least:
(1) lists the restrictive procedures the school intends to use;
(2) describes how the school will implement a range of positive behavior strategies and provide links to mental health services;
(3) describes how the school will
provide training on de-escalation techniques, consistent with section 122A.09,
subdivision 4, paragraph (k);
(4) describes how the school will monitor and review the use of restrictive procedures, including:
(i) conducting post-use debriefings, consistent with subdivision 3, paragraph (a), clause (5); and
(ii) convening an oversight committee to undertake a quarterly review of the use of restrictive procedures based on patterns or problems indicated by similarities in the time of day, day of the week, duration of the use of a procedure, the individuals involved, or other factors associated with the use of restrictive procedures; the number of times a restrictive procedure is used schoolwide and for individual children; the number and types of injuries, if any, resulting from the use of restrictive procedures; whether restrictive procedures are used in nonemergency situations; the need for additional staff training; and proposed actions to minimize the use of restrictive procedures; and
(4) (5) includes a written
description and documentation of the training staff completed under subdivision
5.
(b) Schools annually must publicly identify oversight committee members who must at least include:
(1) a mental health professional, school psychologist, or school social worker;
(2) an expert in positive behavior strategies;
(3) a special education administrator; and
(4) a general education administrator.
Subd. 2. Restrictive procedures. (a) Restrictive procedures may be used only by a licensed special education teacher, school social worker, school psychologist, behavior analyst certified by the National Behavior Analyst Certification Board, a person with a master's degree in behavior analysis, other licensed education professional, paraprofessional under section 120B.363, or mental health professional under section 245.4871, subdivision 27, who has completed the training program under subdivision 5.
(b) A school shall make reasonable efforts
to notify the parent on the same day a restrictive procedure is used on the
child, or if the school is unable to provide same-day notice, notice is sent
within two days by written or electronic means or as otherwise indicated by the
child's parent under paragraph (d) (f).
(c) The district must hold a meeting of the individualized education program team, conduct or review a functional behavioral analysis, review data, consider developing additional or revised positive behavioral interventions and supports, consider actions to reduce the use of restrictive procedures, and modify the individualized education program or behavior intervention plan as appropriate. The district must hold the meeting: within ten calendar days after district staff use restrictive procedures on two separate school days within 30 calendar days or a pattern of use emerges and the child's individualized education program or behavior intervention plan does not provide for using restrictive procedures in an emergency; or at the request of a parent or the district after restrictive procedures are used. The district must review use of restrictive procedures at a child's annual individualized education program meeting when the child's individualized education program provides for using restrictive procedures in an emergency.
(d) If the individualized education program team under paragraph (c) determines that existing interventions and supports are ineffective in reducing the use of restrictive procedures or the district uses restrictive procedures on a child on ten or more school days during the same school year, the team, as appropriate, either must consult with other professionals working with the child; consult with experts in behavior analysis, mental health, communication, or autism; consult with culturally competent professionals; review existing evaluations, resources, and successful strategies; or consider whether to reevaluate the child.
(e) At the individualized education program meeting under paragraph (c), the team must review any known medical or psychological limitations, including any medical information the parent provides voluntarily, that contraindicate the use of a restrictive procedure, consider whether to prohibit that restrictive procedure, and document any prohibition in the individualized education program or behavior intervention plan.
(f) An individualized education program team may plan for using restrictive procedures and may include these procedures in a child's individualized education program or behavior intervention plan; however, the restrictive procedures may be used only in response to behavior that constitutes an emergency, consistent with this section. The individualized education program or behavior intervention plan shall indicate how the parent wants to be notified when a restrictive procedure is used.
Subd. 3. Physical holding or seclusion. (a) Physical holding or seclusion may be used only in an emergency. A school that uses physical holding or seclusion shall meet the following requirements:
(1) physical holding or seclusion is the least intrusive intervention that effectively responds to the emergency;
(2) physical holding or seclusion is not used to discipline a noncompliant child;
(3) physical holding or seclusion ends when the threat of harm ends and the staff determines the child can safely return to the classroom or activity;
(4) staff directly observes the child while physical holding or seclusion is being used;
(5) each time physical holding or seclusion is used, the staff person who implements or oversees the physical holding or seclusion documents, as soon as possible after the incident concludes, the following information:
(i) a description of the incident that led to the physical holding or seclusion;
(ii) why a less restrictive measure failed or was determined by staff to be inappropriate or impractical;
(iii) the time the physical holding or seclusion began and the time the child was released; and
(iv) a brief record of the child's behavioral and physical status;
(6) the room used for seclusion must:
(i) be at least six feet by five feet;
(ii) be well lit, well ventilated, adequately heated, and clean;
(iii) have a window that allows staff to directly observe a child in seclusion;
(iv) have tamperproof fixtures, electrical switches located immediately outside the door, and secure ceilings;
(v) have doors that open out and are unlocked, locked with keyless locks that have immediate release mechanisms, or locked with locks that have immediate release mechanisms connected with a fire and emergency system; and
(vi) not contain objects that a child may use to injure the child or others;
(7) before using a room for seclusion, a school must:
(i) receive written notice from local authorities that the room and the locking mechanisms comply with applicable building, fire, and safety codes; and
(ii) register the room with the commissioner, who may view that room; and
(8) until August 1, 2015, a school district may use prone restraints with children age five or older if:
(i) the district has provided to the department a list of staff who have had specific training on the use of prone restraints;
(ii) the district provides information on the type of training that was provided and by whom;
(iii) only staff who received specific training use prone restraints;
(iv) each incident of the use of prone restraints is reported to the department within five working days on a form provided by the department; and
(v) the district, before using prone restraints, must review any known medical or psychological limitations that contraindicate the use of prone restraints.
The department must collect data on districts' use of prone restraints and publish the data in a readily accessible format on the department's Web site on a quarterly basis.
(b) By March 1, 2014 February 1,
2015, and annually thereafter, stakeholders must recommend to the
commissioner specific and measurable implementation and outcome goals for
reducing the use of restrictive procedures and the commissioner must submit to
the legislature a report on districts' progress in reducing the use of
restrictive procedures that recommends how to further reduce these procedures
and eliminate the use of prone restraints.
The statewide plan includes the following components: measurable goals; the resources, training,
technical assistance, mental health services, and collaborative efforts needed
to significantly reduce districts' use of prone restraints; and recommendations
to clarify and improve the law governing districts' use of restrictive
procedures. The commissioner must
consult with interested stakeholders when preparing the report, including
representatives of advocacy organizations, special education directors,
teachers, paraprofessionals, intermediate school districts, school boards, day
treatment providers, county social services, state human services department
staff, mental health professionals, and autism experts. By June 30 each year, districts must report
summary data on their use of restrictive procedures to the department, in a
form and manner determined by the commissioner.
The summary data must include information about the use of
restrictive procedures, including use of reasonable force under section
121A.582.
Subd. 4. Prohibitions. The following actions or procedures are prohibited:
(1) engaging in conduct prohibited under section 121A.58;
(2) requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;
(3) totally or partially restricting a child's senses as punishment;
(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, substance, or spray as punishment;
(5) denying or restricting a child's access to equipment and devices such as walkers, wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;
(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under section 626.556;
(7) withholding regularly scheduled meals or water;
(8) denying access to bathroom facilities; and
(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs a child's ability to communicate distress, places pressure or weight on a child's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's torso.
Subd. 5. Training for staff. (a) To meet the requirements of subdivision 1, staff who use restrictive procedures, including paraprofessionals, shall complete training in the following skills and knowledge areas:
(1) positive behavioral interventions;
(2) communicative intent of behaviors;
(3) relationship building;
(4) alternatives to restrictive procedures, including techniques to identify events and environmental factors that may escalate behavior;
(5) de-escalation methods;
(6) standards for using restrictive procedures only in an emergency;
(7) obtaining emergency medical assistance;
(8) the physiological and psychological impact of physical holding and seclusion;
(9) monitoring and responding to a child's physical signs of distress when physical holding is being used;
(10)
recognizing the symptoms of and interventions that may cause positional
asphyxia when physical holding is used;
(11) district policies and procedures for timely reporting and documenting each incident involving use of a restricted procedure; and
(12) schoolwide programs on positive behavior strategies.
(b) The commissioner, after consulting with the commissioner of human services, must develop and maintain a list of training programs that satisfy the requirements of paragraph (a). The commissioner also must develop and maintain a list of experts to help individualized education program teams reduce the use of restrictive procedures. The district shall maintain records of staff who have been trained and the organization or professional that conducted the training. The district may collaborate with children's community mental health providers to coordinate trainings.
Subd. 6. Behavior supports; reasonable force. (a) School districts are encouraged to establish effective schoolwide systems of positive behavior interventions and supports.
(b) Nothing in this section or
section 125A.0941 precludes the use of reasonable force under sections
121A.582; 609.06, subdivision 1; and 609.379.
For the 2014-2015 school year and later, districts must collect and
submit to the commissioner summary data, consistent with subdivision 3,
paragraph (b), on district use of reasonable force that is consistent with the
definition of physical holding or seclusion for a child with a disability under
this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2013 Supplement, section 125A.11, subdivision 1, is amended to read:
Subdivision 1. Nonresident tuition rate; other costs. (a) For fiscal year 2015 and later, when a school district provides special instruction and services for a pupil with a disability as defined in section 125A.02 outside the district of residence, excluding a pupil for whom an adjustment to special education aid is calculated according to section 127A.47, subdivision 7, paragraphs (b) to (d), special education aid paid to the resident district must be
reduced by an amount equal to (1) the actual cost of providing special instruction and services to the pupil, including a proportionate amount for special transportation and unreimbursed building lease and debt service costs for facilities used primarily for special education, plus (2) the amount of general education revenue and referendum equalization aid attributable to that pupil, calculated using the resident district's average general education revenue and referendum equalization aid per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue, minus (3) the amount of special education aid for children with a disability under section 125A.76 received on behalf of that child, minus (4) if the pupil receives special instruction and services outside the regular classroom for more than 60 percent of the school day, the amount of general education revenue and referendum equalization aid, excluding portions attributable to district and school administration, district support services, operations and maintenance, capital expenditures, and pupil transportation, attributable to that pupil for the portion of time the pupil receives special instruction and services outside of the regular classroom, calculated using the resident district's average general education revenue and referendum equalization aid per adjusted pupil unit excluding basic skills revenue, elementary sparsity revenue and secondary sparsity revenue and the serving district's basic skills revenue, elementary sparsity revenue and secondary sparsity revenue per adjusted pupil unit. Notwithstanding clauses (1) and (4), for pupils served by a cooperative unit without a fiscal agent school district, the general education revenue and referendum equalization aid attributable to a pupil must be calculated using the resident district's average general education revenue and referendum equalization aid excluding compensatory revenue, elementary sparsity revenue, and secondary sparsity revenue. Special education aid paid to the district or cooperative providing special instruction and services for the pupil must be increased by the amount of the reduction in the aid paid to the resident district. Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision 7, shall be recognized and reported as revenues and expenditures on the resident school district's books of account under sections 123B.75 and 123B.76. If the resident district's special education aid is insufficient to make the full adjustment, the remaining adjustment shall be made to other state aid due to the district.
(b) Notwithstanding paragraph (a) and section 127A.47, subdivision 7, paragraphs (b) to (d), a charter school where more than 30 percent of enrolled students receive special education and related services, a site approved under section 125A.515, an intermediate district, a special education cooperative, or a school district that served as the applicant agency for a group of school districts for federal special education aids for fiscal year 2006 may apply to the commissioner for authority to charge the resident district an additional amount to recover any remaining unreimbursed costs of serving pupils with a disability. The application must include a description of the costs and the calculations used to determine the unreimbursed portion to be charged to the resident district. Amounts approved by the commissioner under this paragraph must be included in the tuition billings or aid adjustments under paragraph (a), or section 127A.47, subdivision 7, paragraphs (b) to (d), as applicable.
(c) For purposes of this subdivision and
section 127A.47, subdivision 7, paragraphs (d) and (e) paragraph (b),
"general education revenue and referendum equalization aid" means the
sum of the general education revenue according to section 126C.10, subdivision
1, excluding the local optional levy according to section 126C.10,
subdivision 2e, paragraph (c), plus the referendum equalization aid
according to section 126C.17, subdivision 7.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 3. Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section and section 125A.79, the definitions in this subdivision apply.
(b) "Basic revenue" has the meaning given it in section 126C.10, subdivision 2. For the purposes of computing basic revenue pursuant to this section, each child with a disability shall be counted as prescribed in section 126C.05, subdivision 1.
(c) "Essential personnel" means teachers, cultural liaisons, related services, and support services staff providing services to students. Essential personnel may also include special education paraprofessionals or clericals providing support to teachers and students by preparing paperwork and making arrangements related to special education compliance requirements, including parent meetings and individualized education programs. Essential personnel does not include administrators and supervisors.
(d) "Average daily membership" has the meaning given it in section 126C.05.
(e) "Program growth factor" means
1.046 for fiscal years 2012 though through 2015, 1.0 for fiscal
year 2016, 1.046 for fiscal year 2017, and the product of 1.046 and the program
growth factor for the previous year for fiscal year 2018 and later.
(f) "Nonfederal special education expenditure" means all direct expenditures that are necessary and essential to meet the district's obligation to provide special instruction and services to children with a disability according to sections 124D.454, 125A.03 to 125A.24, 125A.259 to 125A.48, and 125A.65 as submitted by the district and approved by the department under section 125A.75, subdivision 4, excluding expenditures:
(1) reimbursed with federal funds;
(2) reimbursed with other state aids under this chapter;
(3) for general education costs of serving students with a disability;
(4) for facilities;
(5) for pupil transportation; and
(6) for postemployment benefits.
(g) "Old formula special education expenditures" means expenditures eligible for revenue under Minnesota Statutes 2012, section 125A.76, subdivision 2.
(h) For the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, expenditures under paragraphs (f) and (g) are limited to the salary and fringe benefits of one-to-one instructional and behavior management aides and one-to-one licensed, certified professionals assigned to a child attending the academy, if the aides or professionals are required by the child's individualized education program.
(h) (i) "Cross subsidy
reduction aid percentage" means 1.0 percent for fiscal year 2014 and 2.27
percent for fiscal year 2015.
(i) (j) "Cross subsidy
reduction aid limit" means $20 for fiscal year 2014 and $48 for fiscal
year 2015.
(j) (k) "Special
education aid increase limit" means $80 for fiscal year 2016, $100 for fiscal
year 2017, and, for fiscal year 2018 and later, the sum of the special
education aid increase limit for the previous fiscal year and $40.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 4. Minnesota Statutes 2012, section 125A.76, subdivision 2, is amended to read:
Subd. 2. Special education initial aid. The special education initial aid equals the sum of the following amounts computed using current year data:
(1) 68 percent of the salary of each essential person employed in the district's program for children with a disability during the fiscal year, whether the person is employed by one or more districts or a Minnesota correctional facility operating on a fee-for-service basis;
(2)
for the Minnesota State Academy for the Deaf or the Minnesota State Academy for
the Blind, 68 percent of the salary of each one to one one-to-one
instructional and behavior management aide and one-to-one licensed,
certified professional assigned to a child attending the academy, if the
aides or professionals are required by the child's individualized
education program;
(3) for special instruction and services provided to any pupil by contracting with public, private, or voluntary agencies other than school districts, in place of special instruction and services provided by the district, 52 percent of the difference between the amount of the contract and the general education revenue, excluding basic skills revenue and alternative teacher compensation revenue, and referendum equalization aid attributable to a pupil, calculated using the resident district's average general education revenue and referendum equalization aid per adjusted pupil unit for the fraction of the school day the pupil receives services under the contract. This includes children who are residents of the state, receive services under this subdivision and subdivision 1, and are placed in a care and treatment facility by court action in a state that does not have a reciprocity agreement with the commissioner under section 125A.155 as provided for in section 125A.79, subdivision 8;
(4) for special instruction and services provided to any pupil by contracting for services with public, private, or voluntary agencies other than school districts, that are supplementary to a full educational program provided by the school district, 52 percent of the amount of the contract for that pupil;
(5) for supplies and equipment purchased or rented for use in the instruction of children with a disability, an amount equal to 47 percent of the sum actually expended by the district, or a Minnesota correctional facility operating on a fee-for-service basis, but not to exceed an average of $47 in any one school year for each child with a disability receiving instruction;
(6) for fiscal years 1997 and later, special education base revenue shall include amounts under clauses (1) to (5) for special education summer programs provided during the base year for that fiscal year;
(7) the cost of providing transportation services for children with disabilities under section 123B.92, subdivision 1, paragraph (b), clause (4); and
(8) the district's transition-disabled program initial aid according to section 124D.454, subdivision 3.
The department shall establish procedures through the uniform financial accounting and reporting system to identify and track all revenues generated from third-party billings as special education revenue at the school district level; include revenue generated from third-party billings as special education revenue in the annual cross-subsidy report; and exclude third-party revenue from calculation of excess cost aid to the districts.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 5. Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2a, is amended to read:
Subd. 2a. Special education initial aid. For fiscal year 2016 and later, a district's special education initial aid equals the sum of:
(1) the lesser least of 62
percent of the district's old formula special education expenditures for the
prior fiscal year, excluding pupil transportation expenditures, 50
percent of the district's nonfederal special education expenditures for the
prior year, excluding pupil transportation expenditures, or 56 percent
of the product of the sum of the following amounts, computed using prior fiscal
year data, and the program growth factor:
(i) the product of the district's average daily membership served and the sum of:
(A) $450; plus
(B) $400 times the ratio of the sum of the number of pupils enrolled on October 1 who are eligible to receive free lunch plus one-half of the pupils enrolled on October 1 who are eligible to receive reduced-price lunch to the total October 1 enrollment; plus
(C) .008 times the district's average daily membership served; plus
(ii) $10,400 times the December 1 child count for the primary disability areas of autism spectrum disorders, developmental delay, and severely multiply impaired; plus
(iii) $18,000 times the December 1 child count for the primary disability areas of deaf and hard-of-hearing and emotional or behavioral disorders; plus
(iv) $27,000 times the December 1 child count for the primary disability areas of developmentally cognitive mild-moderate, developmentally cognitive severe-profound, physically impaired, visually impaired, and deafblind; plus
(2) the cost of providing transportation services for children with disabilities under section 123B.92, subdivision 1, paragraph (b), clause (4).
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2016 and later.
Sec. 6. Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2b, is amended to read:
Subd. 2b. Cross subsidy reduction aid. For fiscal years 2014 and 2015, the cross subsidy reduction aid for a school district, not including a charter school, equals the lesser of (a) the product of the cross subsidy reduction aid limit and the district's average daily membership served or (b) the sum of the product of the cross subsidy reduction aid percentage, the district's average daily membership served, and the sum of:
(1) $450; plus
(2) $400 times the ratio of the sum of the number of pupils enrolled on October 1 who are eligible to receive free lunch plus one-half of the pupils enrolled on October 1 who are eligible to receive reduced-price lunch to the total October 1 enrollment; plus
(3) .008
times the district's average daily membership served; plus the product of
the cross subsidy aid percentage and the sum of:
(i) $10,100 times the December 1 child count for the primary disability areas of autism spectrum disorders, developmental delay, and severely multiply impaired; plus
(ii) $17,500 times the December 1 child count for the primary disability areas of deaf and hard-of-hearing and emotional or behavioral disorders; plus
(iii) $26,000 times the December 1 child count for the primary disability areas of developmentally cognitive mild-moderate, developmentally cognitive severe-profound, physically impaired, visually impaired, and deafblind.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 7. Minnesota Statutes 2013 Supplement, section 125A.76, subdivision 2c, is amended to read:
Subd. 2c. Special
education aid. (a) For fiscal year
2014 and fiscal year 2015, a district's special education aid equals the sum of
the district's special education initial aid under subdivision 5, the
district's cross subsidy reduction aid under subdivision 2b, and the district's
excess cost aid under section 125A.79, subdivision 7.
(b) For fiscal year 2016 and later, a district's special education aid equals the sum of the district's special education initial aid under subdivision 2a and the district's excess cost aid under section 125A.79, subdivision 5.
(c) Notwithstanding paragraph (b), for fiscal year 2016, the special education aid for a school district must not exceed the sum of the special education aid the district would have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, and the product of the district's average daily membership served and the special education aid increase limit.
(d) Notwithstanding paragraph (b), for fiscal year 2017 and later, the special education aid for a school district must not exceed the sum of: (i) the product of the district's average daily membership served and the special education aid increase limit and (ii) the product of the sum of the special education aid the district would have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, the ratio of the district's average daily membership served for the current fiscal year to the district's average daily membership served for fiscal year 2016, and the program growth factor.
(e) Notwithstanding paragraph (b), for fiscal year 2016 and later the special education aid for a school district, not including a charter school, must not be less than the lesser of (1) the district's nonfederal special education expenditures for that fiscal year or (2) the product of the sum of the special education aid the district would have received for fiscal year 2016 under Minnesota Statutes 2012, sections 125A.76 and 125A.79, as adjusted according to Minnesota Statutes 2012, sections 125A.11 and 127A.47, subdivision 7, the ratio of the district's adjusted daily membership for the current fiscal year to the district's average daily membership for fiscal year 2016, and the program growth factor.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 8. Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the definitions in this subdivision apply.
(a) "Unreimbursed old formula special education expenditures" means:
(1) old formula special education expenditures for the prior fiscal year; minus
(2) for fiscal years 2014 and 2015, the sum of the special education aid under section 125A.76, subdivision 5, for the prior fiscal year and the cross subsidy reduction aid under section 125A.76, subdivision 2b, and for fiscal year 2016 and later, the special education initial aid under section 125A.76, subdivision 2a; minus
(3) for fiscal year 2016 and later, the amount of general education revenue, excluding local optional revenue, plus local optional aid and referendum equalization aid for the prior fiscal year attributable to pupils receiving special instruction and services outside the regular classroom for more than 60 percent of the school day for the portion of time the pupils receive special instruction and services outside the regular classroom, excluding portions attributable to district and school administration, district support services, operations and maintenance, capital expenditures, and pupil transportation.
(b) "Unreimbursed nonfederal special education expenditures" means:
(1) nonfederal special education expenditures for the prior fiscal year; minus
(2) special education initial aid under section 125A.76, subdivision 2a; minus
(3) the amount of general education revenue and referendum equalization aid for the prior fiscal year attributable to pupils receiving special instruction and services outside the regular classroom for more than 60 percent of the school day for the portion of time the pupils receive special instruction and services outside of the regular classroom, excluding portions attributable to district and school administration, district support services, operations and maintenance, capital expenditures, and pupil transportation.
(c) "General revenue" for a school
district means the sum of the general education revenue according to section
126C.10, subdivision 1, excluding alternative teacher compensation revenue, minus
transportation sparsity revenue minus, local optional revenue, and
total operating capital revenue. "General
revenue" for a charter school means the sum of the general education
revenue according to section 124D.11, subdivision 1, and transportation revenue
according to section 124D.11, subdivision 2, excluding alternative teacher
compensation revenue, minus referendum equalization aid minus,
transportation sparsity revenue minus, and operating capital
revenue.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to revenue for fiscal
year 2014 and later.
Sec. 9. Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 5, is amended to read:
Subd. 5. Initial
Excess cost aid. For fiscal year
2016 and later, a district's initial excess cost aid equals the greater
of:
(1) 56 percent of the difference between (i) the district's unreimbursed nonfederal special education expenditures and (ii) 7.0 percent of the district's general revenue;
(2) 62 percent of the difference between (i) the district's unreimbursed old formula special education expenditures and (ii) 2.5 percent of the district's general revenue; or
(3) zero.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2016 and later.
Sec. 10. Minnesota Statutes 2013 Supplement, section 125A.79, subdivision 8, is amended to read:
Subd. 8. Out-of-state
tuition. For children who are
residents of the state, receive services under section 125A.76, subdivisions 1
and 2, and are placed in a care and treatment facility by court action in a
state that does not have a reciprocity agreement with the commissioner under
section 125A.155, the resident school district shall submit the balance receive
special education out-of-state tuition aid equal to the amount of the
tuition bills, minus (1) the general education revenue, excluding basic
skills revenue and the local optional levy attributable to the pupil,
calculated using the resident district's average general education revenue per
adjusted pupil unit, and (2) the referendum equalization aid
attributable to the pupil, calculated using the resident district's average
general education revenue and referendum equalization aid per adjusted
pupil unit minus, and (3) the special education contracted
services initial revenue aid attributable to the pupil.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 11. Laws 2013, chapter 116, article 5, section 31, subdivision 8, is amended to read:
Subd. 8. Special education paperwork cost savings. (a) For the contract to customize a statewide online reporting system and effect special education paperwork cost savings:
|
|
$1,763,000 |
. . . . . |
2014 |
For a transfer to MNIT. This appropriation is available in fiscal
year 2015 if not and must be expended according to this
subdivision for online due process reporting.
(b) To ensure a strong focus on
outcomes for children with disabilities informs federal and state compliance and
accountability requirements and to increase opportunities for special educators
and related-services providers to focus on teaching children with disabilities,
the commissioner must customize a streamlined, user-friendly statewide online
system, with a single model online form, for effectively and efficiently
collecting and reporting required special education-related data to individuals
with a legitimate educational interest and who are authorized by law to access
the data.
(c) The commissioner must consult with
qualified experts, including information technology specialists, licensed
special education teachers and directors of special education, related-services
providers, third-party vendors, a designee of the commissioner of human
services, parents of children with disabilities, representatives of advocacy
groups representing children with disabilities, and representatives of school
districts and special education cooperatives on integrating, field testing,
customizing, and sustaining this simple, easily accessible, efficient, and
effective online data system for uniform statewide reporting of required due
process compliance data. Among other
outcomes, the system must:
(1) reduce special education teachers'
paperwork burden and thereby increase the teachers' opportunities to focus on
teaching children;
(2) to the extent authorized by chapter
13 or other applicable state or federal law governing access to and
dissemination of educational records, provide for efficiently and effectively
transmitting the records of all transferring children with disabilities,
including highly mobile and homeless children with disabilities, among others,
and avoid fragmented service delivery;
(3) address language and other barriers
and disparities that prevent parents from understanding and communicating
information about the needs of their children with disabilities; and
(4) help continuously improve the
interface among the online systems serving children with disabilities in order
to maintain and reinforce the children's ability to learn.
(d) The commissioner must use the
federal Office of Special Education Programs model forms for the (1)
individualized education program, (2) notice of procedural safeguards, and (3)
prior written notice that are consistent with Part B of IDEA to integrate and
customize a state-sponsored universal special education online case management
system, consistent with the requirements of state law and this subdivision for
customizing a statewide online reporting system. The commissioner must use a request for
proposal process to contract for the technology and software needed for
customizing the online system in order for the system to be fully functional,
consistent with the requirements of this subdivision. This online system must be made available to
school districts without charge beginning in the 2015-2016 school year. For the 2015-2016 through 2017-2018 school
years, school districts may use this online system or may contract with an
outside vendor for compliance reporting.
Beginning in the 2018-2019 school year and later, school districts must
use this online system for compliance reporting.
(e)
All data on individuals maintained in the statewide reporting system are
classified as provided in chapter 13 or other applicable state or federal law. An authorized individual's ability to enter,
update, or access data must be limited through the use of role-based access
codes corresponding to that individual's official duties or training level, and
the statutory authorization that grants access for a particular purpose. Any action in which data in the system are
entered, updated, accessed, or shared or disseminated outside of the system
must be recorded in an audit trail. The
audit trail must identify the specific user responsible for the action, the
date and time the action occurred, and the purpose for the action. Data contained in the audit trail maintain
the same classification as the underlying data affected by the action, provided
the responsible authority makes the data available to a student or the
student's parent upon request, and the responsible authority may access the
data to audit the system's user activity and security safeguards. Before entering data on a student, the
responsible authority must provide the student or the student's parent written
notice of the data practices rights and responsibilities required by this
subdivision and a reasonable opportunity to refuse consent to have the
student's data included in the system. Upon
receiving the student or the student's parent written refusal to consent, the
school district must not enter data on that student into the system and must
delete any existing data on that student currently in the system.
(f) Consistent with this subdivision,
the commissioner must establish a public Internet Web interface to provide
information to educators, parents, and the public about the form and content of
required special education reports, to respond to queries from educators,
parents, and the public about specific aspects of special education reports and
reporting, and to use the information garnered from the interface to streamline
and revise special education reporting on the online system under this
subdivision. The public Internet Web
interface must have a prominently-linked page describing the rights and
responsibilities of students and parents whose data are included in the
statewide reporting system, and include information on the data practices
rights of students and parents provided by this subdivision and a form students
or parents may use to refuse consent to have a student's data included in the
system. The public Internet Web
interface must not provide access to the educational records of any individual
child.
(g) The commissioner annually by
February 1 must submit to the legislature a report on the status, recent
changes, and sustainability of the online system under this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. RULEMAKING
AUTHORITY; SPECIAL EDUCATION TASK FORCE RECOMMENDATIONS.
The commissioner of education must use
the expedited rulemaking process under Minnesota Statutes, section 14.389,
including subdivision 5, to make the specific rule changes recommended by the
Special Education Case Load and Rule Alignment Task Force in its 2014 report
entitled "Recommendations for Special Education Case Load and Rule
Alignment" submitted to the legislature on February 15, 2014.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. APPROPRIATION.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Department
assistance. For the
commissioner of education to assist school districts in meeting the needs of
children who have experienced a high use of prone restraints, consistent with
Minnesota Statutes 2013 Supplement, section 125A.0942:
|
|
$250,000
|
.
. . . . |
2015
|
The commissioners of education and human
services, or their designees, must discuss coordinating use of funds and
personnel available for this purpose within their respective departments. This is a onetime appropriation.
ARTICLE 18
FACILITIES
Section 1.
[123A.482] JOINT POWERS
COOPERATIVE FACILITY.
Subdivision 1. Schools
may be jointly operated. Two
or more school districts may agree to jointly operate a secondary facility. The districts may choose to operate the
facility according to a joint powers agreement under section 123A.78 or 471.59.
Subd. 2. Expanded
program offerings. A jointly
operated secondary program seeking funding under section 123A.485 must
demonstrate to the commissioner's satisfaction that the jointly operated
program provides enhanced learning opportunities and broader curriculum
offerings to the students attending that program. The commissioner must approve or disapprove a
cooperative secondary program within 60 days of receipt of an application.
Subd. 3. Transfer
of employees. If an employee
is transferred between two employer members of the joint powers agreement under
this section, the employee's length of service under section 122A.40,
subdivision 5, remains uninterrupted. The
employee shall receive credit on the receiving district's salary schedule for the
employee's educational attainment and years of continuous service in the
sending district, or shall receive a comparable salary, whichever is greater. The employee shall receive credit for accrued
sick leave and rights to severance benefits as if the employee had been
employed by the receiving district during the employee's years of employment in
the sending district.
Subd. 4. Revenue. An approved program that is jointly
operated under this section is eligible for aid under section 123A.485 and qualifies
for a facilities grant under sections 123A.44 to 123A.446.
Subd. 5. Duty
to maintain elementary and secondary schools met. A school district operating a joint
facility under this section meets the requirements of section 123A.64.
Subd. 6. Estimated market value limit exclusion. Bonds for a cooperative facility operated under this section issued by a member school district are not subject to the net debt limit under section 475.53, subdivision 4.
Subd. 7. Allocation
of levy authority for joint facility.
For purposes of determining each member district's school levy, a
jointly operated secondary program may allocate program costs to each member
district according to the joint powers agreement and each member district may
include those costs in its tax levy. The
joint powers agreement may choose to allocate costs on any basis adopted as
part of the joint powers agreement.
Subd. 8. Effect
of consolidation. The joint
powers agreement may allow member school districts that choose to consolidate
to continue to certify levies separately based on each component district's
characteristics.
Subd. 9. Bonds. A joint powers district formed under
this section may issue bonds according to section 123A.78 or its member
districts may issue bonds individually after complying with this subdivision. The joint powers board must submit the
project for review and comment under section 123B.71. The joint powers board must hold a hearing on
the proposal. If the bonds are not
issued under section 123A.78, each member district of the joint powers district
must submit the question of authorizing borrowing of funds for the project to
the voters of the district at a special election. The question submitted shall state the total
amount of funding needed from that district.
The member district may issue the bonds according to chapter 475 and
certify the levy required by section 475.61 only if a majority of those voting
on the question in that district vote in the affirmative and only after the
board has adopted a resolution pledging the full faith and credit of that unit. The resolution must irrevocably commit that
unit to pay an agreed-upon share of any debt levy shortages that, together with
other funds available, would allow the member school board to pay the principal
and interest on the obligations. The
clerk of the joint powers board must certify the vote of any bond elections to
the commissioner. Bonds issued under
this section first qualify for debt service equalization aid in fiscal year
2018.
Subd. 10. Election. A district entering into a joint
powers agreement under this section may conduct a referendum seeking approval
for a new facility. This election may be
held separately or at the same time as a bond election under subdivision 9. If the election is held at the same time, the
questions may be asked separately or as a conjunctive question. The question must be approved by a majority
of those voting on the question. If
asked separately and the question fails, a district may not proceed with the
sale of bonds according to subdivision 9.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2012, section 123A.64, is amended to read:
123A.64
DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.
Each district must maintain classified
elementary and secondary schools, grades 1 through 12, unless the district is
exempt according to section 123A.61 or 123A.62, has made an agreement with
another district or districts as provided in sections 123A.30, 123A.32, or
sections 123A.35 to 123A.43, or 123A.17, subdivision 7, or has received
a grant under sections 123A.441 to 123A.446, or has formed a cooperative
under section 123A.482. A district
that has an agreement according to sections 123A.35 to 123A.43 or 123A.32 must
operate a school with the number of grades required by those sections. A district that has an agreement according to
section 123A.30 or 123A.17, subdivision 7, or has received a grant under
sections 123A.441 to 123A.446 must operate a school for the grades not included
in the agreement, but not fewer than three grades.
Sec. 3. Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the eligible debt service revenue of a district is defined as follows:
(1) the amount needed to produce between five and six percent in excess of the amount needed to meet when due the principal and interest payments on the obligations of the district for eligible projects according to subdivision 2, including the amounts necessary for repayment of energy loans according to section 216C.37 or sections 298.292 to 298.298, debt service loans and capital loans, lease purchase payments under section 126C.40, subdivision 2, alternative facilities levies under section 123B.59, subdivision 5, paragraph (a), minus
(2) the amount of debt service excess levy reduction for that school year calculated according to the procedure established by the commissioner.
(b) The obligations in this paragraph are excluded from eligible debt service revenue:
(1) obligations under section 123B.61;
(2) the part of debt service principal and interest paid from the taconite environmental protection fund or Douglas J. Johnson economic protection trust, excluding the portion of taconite payments from the Iron Range school consolidation and cooperatively operated school account under section 298.28, subdivision 7a;
(3) obligations issued under Laws 1991,
chapter 265, article 5, section 18, as amended by Laws 1992, chapter 499,
article 5, section 24; and
(4) obligations under section 123B.62;
and
(5) obligations equalized under section 123B.535.
(c) For purposes of this section, if a preexisting school district reorganized under sections 123A.35 to 123A.43, 123A.46, and 123A.48 is solely responsible for retirement of the preexisting district's bonded indebtedness, capital loans or debt service loans, debt service equalization aid must be computed separately for each of the preexisting districts.
(d) For purposes of this section, the adjusted net tax capacity determined according to sections 127A.48 and 273.1325 shall be adjusted to include the tax capacity of property generally exempted from ad valorem taxes under section 272.02, subdivision 64.
EFFECTIVE
DATE. This section is
effective for fiscal year 2017 and later.
Sec. 4. Minnesota Statutes 2013 Supplement, section 123B.53, subdivision 5, is amended to read:
Subd. 5. Equalized debt service levy. (a) The equalized debt service levy of a district equals the sum of the first tier equalized debt service levy and the second tier equalized debt service levy.
(b) A district's first tier equalized debt service levy equals the district's first tier debt service equalization revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax capacity of the district for the year before the year the levy is certified by the adjusted pupil units in the district for the school year ending in the year prior to the year the levy is certified; to
(2) $3,550 $3,400 in fiscal year
2016 and $4,430 in fiscal year 2017 and later.
(c) A district's second tier equalized debt service levy equals the district's second tier debt service equalization revenue times the lesser of one or the ratio of:
(1) the quotient derived by dividing the adjusted net tax capacity of the district for the year before the year the levy is certified by the adjusted pupil units in the district for the school year ending in the year prior to the year the levy is certified; to
(2) $7,900 $8,000.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2016 and later.
Sec. 5. [123B.535]
NATURAL DISASTER DEBT SERVICE EQUALIZATION.
Subdivision 1. Definitions. (a) For purposes of this section, the
eligible natural disaster debt service revenue of a district is defined as the
amount needed to produce between five and six percent in excess of the amount
needed to meet when due the principal and interest payments on the obligations
of the district that would otherwise qualify under section 123B.53 under the
following conditions:
(1) the district was impacted by a
natural disaster event or area occurring January 1, 2005, or later, as declared
by the President of the United States of America, which is eligible for Federal
Emergency Management Agency payments;
(2) the natural disaster caused
$500,000 or more in damages to school district buildings; and
(3) the repair and replacement costs
are not covered by insurance payments or Federal Emergency Management Agency
payments.
(b)
For purposes of this section, the adjusted net tax capacity equalizing factor
equals the quotient derived by dividing the total adjusted net tax capacity of
all school districts in the state for the year before the year the levy is
certified by the total number of adjusted pupil units in the state for the year
prior to the year the levy is certified.
(c) For purposes of this section, the
adjusted net tax capacity determined according to sections 127A.48 and 273.1325
shall be adjusted to include the tax capacity of property generally exempted
from ad valorem taxes under section 272.02, subdivision 64.
Subd. 2. Notification. A district eligible for natural
disaster debt service equalization revenue under subdivision 1 must notify the
commissioner of the amount of its intended natural disaster debt service
revenue calculated under subdivision 1 for all bonds sold prior to the
notification by July 1 of the calendar year the levy is certified.
Subd. 3. Natural
disaster debt service equalization revenue.
The debt service equalization revenue of a district equals the
greater of zero or the eligible debt service revenue, minus the greater of zero
or the difference between:
(1) the amount raised by a levy of ten
percent times the adjusted net tax capacity of the district; and
(2) the district's eligible debt
service revenue under section 123B.53.
Subd. 4. Equalized
natural disaster debt service levy. A
district's equalized natural disaster debt service levy equals the district's
natural disaster debt service equalization revenue times the lesser of one or
the ratio of:
(1) the quotient derived by dividing
the adjusted net tax capacity of the district for the year before the year the
levy is certified by the adjusted pupil units in the district for the school
year ending in the year prior to the year the levy is certified; to
(2) 300 percent of the statewide
adjusted net tax capacity equalizing factor.
Subd. 5. Natural
disaster debt service equalization aid.
A district's natural disaster debt service equalization aid
equals the difference between the district's natural disaster debt service
equalization revenue and the district's equalized natural disaster debt service
levy.
Subd. 6. Natural
disaster debt service equalization aid payment schedule. Debt service equalization aid must be
paid according to section 127A.45, subdivision 10.
EFFECTIVE DATE. This section is effective for taxes payable in
2016 and revenue for fiscal year 2017 and later.
Sec. 6. Minnesota Statutes 2013 Supplement, section 123B.54, is amended to read:
123B.54
DEBT SERVICE APPROPRIATION.
(a) The amount necessary to make debt
service equalization aid payments under section sections 123B.53 and
123B.535 is annually appropriated from the general fund to the commissioner
of education.
(b) The appropriations in paragraph (a) must be reduced by the amount of any money specifically appropriated for the same purpose in any year from any state fund.
EFFECTIVE
DATE. This section is effective
for revenue for fiscal year 2017 and later.
Sec. 7. Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may be used only for approved expenditures necessary for the correction of fire and life safety hazards; design, purchase, installation, maintenance, and inspection of fire protection and alarm equipment; purchase or construction of appropriate facilities for the storage of combustible and flammable materials; inventories and facility modifications not related to a remodeling project to comply with lab safety requirements under section 121A.31; inspection, testing, repair, removal or encapsulation, and disposal of asbestos-containing building materials; cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and infectious wastes; cleanup, removal, disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section 296A.01; correction of occupational safety and health administration regulated hazards; indoor air quality inspections, investigations, and testing; mold abatement; upgrades or replacement of mechanical ventilation systems to meet American Society of Heating, Refrigerating and Air Conditioning Engineers standards and State Mechanical Code; design, materials, and installation of local exhaust ventilation systems, including required make-up air for controlling regulated hazardous substances; correction of Department of Health Food Code violations; correction of swimming pool hazards excluding depth correction; playground safety inspections, repair of unsafe outdoor playground equipment, and the installation of impact surfacing materials; bleacher repair or rebuilding to comply with the order of a building code inspector under section 326B.112; testing and mitigation of elevated radon hazards; lead testing; copper in water testing; cleanup after major weather-related disasters or flooding; reduction of excessive organic and inorganic levels in wells and capping of abandoned wells; installation and testing of boiler backflow valves to prevent contamination of potable water; vaccinations, titers, and preventative supplies for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson Parents' Right to Know Act; automated external defibrillators and other emergency plan equipment and supplies specific to the district's emergency action plan; compliance with the National Emission Standards for Hazardous Air Pollutants for school generators established by the United States Environmental Protection Agency; and health, safety, and environmental management costs associated with implementing the district's health and safety program including costs to establish and operate safety committees, in school buildings or property owned or being acquired by the district. Testing and calibration activities are permitted for existing mechanical ventilation systems at intervals no less than every five years.
(b) For fiscal years 2014 through 2017,
a school district must not include expenses related to emission compliance
projects for school generators in its health and safety revenue unless it
reduces its approved spending on other qualified health and safety projects by
the same amount.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 123B.71, subdivision 8, is amended to read:
Subd. 8. Review
and comment. A school district, a
special education cooperative, or a cooperative unit of government, as defined
in section 123A.24, subdivision 2, must not initiate an installment contract
for purchase or a lease agreement, hold a referendum for bonds, nor solicit
bids for new construction, expansion, or remodeling of an educational facility
that requires an expenditure in excess of $500,000 per school site if it has a
capital loan outstanding, or $1,400,000 $2,000,000 per school
site if it does not have a capital loan outstanding, prior to review and
comment by the commissioner. The
commissioner may exempt A facility addition, maintenance project,
or remodeling project funded only with general education aid and
levy revenue, deferred maintenance revenue, alternative facilities
bonding and levy program revenue, lease levy proceeds, capital facilities
bond proceeds, or health and safety revenue is exempt from this
provision after reviewing a written request from a school district
describing the scope of work. A
capital project under section 123B.63 addressing only technology is exempt from
this provision if the district submits a school board resolution stating that
funds approved by the voters will be used only as authorized in section
126C.10, subdivision 14. A school
board shall not separate portions of a single project into components to avoid
the requirements of this subdivision.
Sec. 9. Minnesota Statutes 2012, section 123B.71, subdivision 9, is amended to read:
Subd. 9. Information
required. A school board proposing
to construct, expand, or remodel a facility described in that
requires a review and comment under subdivision 8 shall submit to the
commissioner a proposal containing information including at least the
following:
(1) the geographic area and population to be served, preschool through grade 12 student enrollments for the past five years, and student enrollment projections for the next five years;
(2) a list of existing facilities by year constructed, their uses, and an assessment of the extent to which alternate facilities are available within the school district boundaries and in adjacent school districts;
(3) a list of the specific deficiencies of the facility that demonstrate the need for a new or renovated facility to be provided, the process used to determine the deficiencies, a list of those deficiencies that will and will not be addressed by the proposed project, and a list of the specific benefits that the new or renovated facility will provide to the students, teachers, and community users served by the facility;
(4) the relationship of the project to
any priorities established by the school district, educational cooperatives
that provide support services, or other public bodies in the service area;
(5) a description of the pedestrian,
bicycle, and transit connections between the school and nearby residential
areas that make it easier for children, teachers, and parents to get to the
school by walking, bicycling, and taking transit;
(6) a specification of how the project
maximizes the opportunity for cooperative use of existing park, recreation, and
other public facilities and whether and how the project will increase
collaboration with other governmental or nonprofit entities;
(7) (4) a description of the
project, including the specification of site and outdoor space acreage and
square footage allocations for classrooms, laboratories, and support spaces;
estimated expenditures for the major portions of the project; and the dates the
project will begin and be completed;
(8) (5) a specification of
the source of financing the project, including applicable statutory
citations; the scheduled date for a bond issue or school board action; a
schedule of payments, including debt service equalization aid; and the effect
of a bond issue on local property taxes by the property class and valuation;
(9) an analysis of how the proposed new
or remodeled facility will affect school district operational or administrative
staffing costs, and how the district's operating budget will cover any increased
operational or administrative staffing costs;
(10) a description of the consultation
with local or state transportation officials on multimodal school site access
and safety issues, and the ways that the project will address those issues;
(11) a description of how indoor air
quality issues have been considered and a certification that the architects and
engineers designing the facility will have professional liability insurance;
(12) as required under section 123B.72,
for buildings coming into service after July 1, 2002, a certification that the
plans and designs for the extensively renovated or new facility's heating,
ventilation, and air conditioning systems will meet or exceed code standards;
will provide for the monitoring of outdoor airflow and total airflow of
ventilation systems; and will provide an indoor air quality filtration system
that meets ASHRAE standard 52.1;
(13)
a specification of any desegregation requirements that cannot be met by any
other reasonable means;
(14) a specification of how the facility
will utilize environmentally sustainable school facility design concepts;
(15) a description of how the architects
and engineers have considered the American National Standards Institute
Acoustical Performance Criteria, Design Requirements and Guidelines for Schools
of the maximum background noise level and reverberation times; and
(16) any existing information from the
relevant local unit of government about the cumulative costs to provide
infrastructure to serve the school, such as utilities, sewer, roads, and
sidewalks.
(6) documents obligating the school
district and contractors to comply with items (i) to (vii) in planning and
executing the project:
(i) section 471.345 governing municipal
contracts;
(ii) sustainable design;
(iii) school facility commissioning under
section 123B.72 certifying the plans and designs for the heating, ventilating,
air conditioning, and air filtration for an extensively renovated or new
facility meet or exceed current code standards, including the ASHRAE air
filtration standard 52.1;
(iv) American National Standards Institute
Acoustical Performance Criteria, Design Requirements and Guidelines for Schools
on maximum background noise level and reverberation times;
(v) State Fire Code;
(vi) chapter 326B governing building
codes; and
(vii) consultation with affected
government units about the impact of the project on utilities, roads, sewers,
sidewalks, retention ponds, school bus and automobile traffic, access to mass
transit, and safe access for pedestrians and cyclists.
Sec. 10. Minnesota Statutes 2012, section 123B.72, subdivision 1, is amended to read:
Subdivision 1. Application. This section applies to the installation
or retrofitting of heating, ventilation, and air conditioning systems for which
review and comment of the project under section 123B.71 has been requested
after July 1, 1997 projects where the total project cost per site
exceeds $1,400,000.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 11. Minnesota Statutes 2012, section 123B.72, subdivision 3, is amended to read:
Subd. 3. Certification. Prior to occupying or reoccupying a
school facility affected by this section, a school board or its designee shall
submit a document prepared by a system inspector to the building official or to
the commissioner, verifying that the facility's heating, ventilation, and air
conditioning system has been installed and operates according to design
specifications and code, according to section 123B.71, subdivision 9, clause (12)
(6), item (iii). A systems
inspector shall also verify that the facility's design will provide the ability
for monitoring of outdoor airflow and total airflow of ventilation systems in
new school facilities and that any heating, ventilation, or air conditioning
system that is installed or modified for a project subject to this section must
provide a filtration system with a current ASHRAE standard.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 12. Minnesota Statutes 2013 Supplement, section 126C.10, subdivision 2d, is amended to read:
Subd. 2d. Declining enrollment revenue. (a) A school district's declining enrollment revenue equals the greater of zero or the product of: (1) 28 percent of the formula allowance for that year and (2) the difference between the adjusted pupil units for the preceding year and the adjusted pupil units for the current year.
(b) Notwithstanding paragraph (a), for
fiscal years 2015, 2016, and 2017 only, a pupil enrolled at the Crosswinds
school shall not generate declining enrollment revenue for the district or
charter school in which the pupil was last counted in average daily membership.
EFFECTIVE
DATE. This section is
effective July 1, 2014, if but only if the Crosswinds school is conveyed to the
Perpich Center for Arts Education by an enactment during the 2014 regular
legislative session.
Sec. 13. Minnesota Statutes 2013 Supplement, section 126C.40, subdivision 1, is amended to read:
Subdivision 1. To lease building or land. (a) When an independent or a special school district or a group of independent or special school districts finds it economically advantageous to rent or lease a building or land for any instructional purposes or for school storage or furniture repair, and it determines that the operating capital revenue authorized under section 126C.10, subdivision 13, is insufficient for this purpose, it may apply to the commissioner for permission to make an additional capital expenditure levy for this purpose. An application for permission to levy under this subdivision must contain financial justification for the proposed levy, the terms and conditions of the proposed lease, and a description of the space to be leased and its proposed use.
(b) The criteria for approval of applications to levy under this subdivision must include: the reasonableness of the price, the appropriateness of the space to the proposed activity, the feasibility of transporting pupils to the leased building or land, conformity of the lease to the laws and rules of the state of Minnesota, and the appropriateness of the proposed lease to the space needs and the financial condition of the district. The commissioner must not authorize a levy under this subdivision in an amount greater than the cost to the district of renting or leasing a building or land for approved purposes. The proceeds of this levy must not be used for custodial or other maintenance services. A district may not levy under this subdivision for the purpose of leasing or renting a district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district may not levy under this subdivision for the purpose of leasing: (1) a newly constructed building used primarily for regular kindergarten, elementary, or secondary instruction; or (2) a newly constructed building addition or additions used primarily for regular kindergarten, elementary, or secondary instruction that contains more than 20 percent of the square footage of the previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under this subdivision for the purpose of leasing or renting a district-owned building or site to itself only if the amount is needed by the district to make payments required by a lease purchase agreement, installment purchase agreement, or other deferred payments agreement authorized by law, and the levy meets the requirements of paragraph (c). A levy authorized for a district by the commissioner under this paragraph may be in the amount needed by the district to make payments required by a lease purchase agreement, installment purchase agreement, or other deferred payments agreement authorized by law, provided that any agreement include a provision giving the school districts the right to terminate the agreement annually without penalty.
(e) The total levy under this subdivision
for a district for any year must not exceed $162 $212 times the
adjusted pupil units for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been submitted to the Department of Education after April 1, 1998, the term "instructional purpose" as used in this subdivision excludes expenditures on stadiums.
(g) The commissioner of education may authorize a school district to exceed the limit in paragraph (e) if the school district petitions the commissioner for approval. The commissioner shall grant approval to a school district to exceed the limit in paragraph (e) for not more than five years if the district meets the following criteria:
(1) the school district has been experiencing pupil enrollment growth in the preceding five years;
(2) the purpose of the increased levy is in the long-term public interest;
(3) the purpose of the increased levy promotes colocation of government services; and
(4) the purpose of the increased levy is in the long-term interest of the district by avoiding over construction of school facilities.
(h) A school district that is a member of an
intermediate school district may include in its authority under this section
the costs associated with leases of administrative and classroom space for
intermediate school district programs. This
authority must not exceed $46 $65 times the adjusted pupil units
of the member districts. This authority
is in addition to any other authority authorized under this section.
(i) In addition to the allowable capital levies in paragraph (a), for taxes payable in 2012 to 2023, a district that is a member of the "Technology and Information Education Systems" data processing joint board, that finds it economically advantageous to enter into a lease agreement to finance improvements to a building and land for a group of school districts or special school districts for staff development purposes, may levy for its portion of lease costs attributed to the district within the total levy limit in paragraph (e). The total levy authority under this paragraph shall not exceed $632,000.
(j) Notwithstanding paragraph (a), a district may levy under this subdivision for the purpose of leasing administrative space if the district can demonstrate to the satisfaction of the commissioner that the lease cost for the administrative space is no greater than the lease cost for instructional space that the district would otherwise lease. The commissioner must deny this levy authority unless the district passes a resolution stating its intent to lease instructional space under this section if the commissioner does not grant authority under this paragraph. The resolution must also certify that the lease cost for administrative space under this paragraph is no greater than the lease cost for the district's proposed instructional lease.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2015 and later.
Sec. 14. Minnesota Statutes 2013 Supplement, section 126C.48, subdivision 8, is amended to read:
Subd. 8. Taconite payment and other reductions. (1) Reductions in levies pursuant to subdivision 1 must be made prior to the reductions in clause (2).
(2) Notwithstanding any other law to the contrary, districts that have revenue pursuant to sections 298.018; 298.225; 298.24 to 298.28, except an amount distributed under sections 298.26; 298.28, subdivision 4, paragraphs (c), clause (ii), and (d); 298.34 to 298.39; 298.391 to 298.396; 298.405; 477A.15; and any law imposing a tax upon severed mineral values must reduce the levies authorized by this chapter and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by 95 percent of the sum of the previous year's revenue specified under this clause and the amount attributable to the same production year distributed to the cities and townships within the school district under section 298.28, subdivision 2, paragraph (c).
(3) The amount of any voter approved referendum, facilities down payment, and debt levies shall not be reduced by more than 50 percent under this subdivision, except that payments under section 298.28, subdivision 7a, may reduce the debt service levy by more than 50 percent. In administering this paragraph, the commissioner shall first reduce the nonvoter approved levies of a district; then, if any payments, severed mineral value tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall reduce any voter approved referendum levies authorized under section 126C.17; then, if any payments, severed mineral value tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall reduce any voter approved facilities down payment levies authorized under section 123B.63 and then, if any payments, severed mineral value tax revenue or recognized revenue under paragraph (2) remains, the commissioner shall reduce any voter approved debt levies.
(4) Before computing the reduction pursuant to this subdivision of the health and safety levy authorized by sections 123B.57 and 126C.40, subdivision 5, the commissioner shall ascertain from each affected school district the amount it proposes to levy under each section or subdivision. The reduction shall be computed on the basis of the amount so ascertained.
(5) To the extent the levy reduction calculated under paragraph (2) exceeds the limitation in paragraph (3), an amount equal to the excess must be distributed from the school district's distribution under sections 298.225, 298.28, and 477A.15 in the following year to the cities and townships within the school district in the proportion that their taxable net tax capacity within the school district bears to the taxable net tax capacity of the school district for property taxes payable in the year prior to distribution. No city or township shall receive a distribution greater than its levy for taxes payable in the year prior to distribution. The commissioner of revenue shall certify the distributions of cities and towns under this paragraph to the county auditor by September 30 of the year preceding distribution. The county auditor shall reduce the proposed and final levies of cities and towns receiving distributions by the amount of their distribution. Distributions to the cities and towns shall be made at the times provided under section 298.27.
Sec. 15. Minnesota Statutes 2012, section 127A.49, subdivision 2, is amended to read:
Subd. 2. Abatements. Whenever by virtue of chapter 278, sections 270C.86, 375.192, or otherwise, the net tax capacity or referendum market value of any district for any taxable year is changed after the taxes for that year have been spread by the county auditor and the local tax rate as determined by the county auditor based upon the original net tax capacity is applied upon the changed net tax capacities, the county auditor shall, prior to February 1 of each year, certify to the commissioner of education the amount of any resulting net revenue loss that accrued to the district during the preceding year. Each year, the commissioner shall pay an abatement adjustment to the district in an amount calculated according to the provisions of this subdivision. This amount shall be deducted from the amount of the levy authorized by section 126C.46. The amount of the abatement adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in the third preceding year according to the following:
(A) section 123B.57, if the district received health and safety aid according to that section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization aid according to that section for the second preceding year;
(E) section 126C.10, subdivision 13a, if the district received operating capital aid according to section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district received equity aid according to section 126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10, subdivision 32, if the district received transition aid according to section 126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53, subdivision 5, if the district received debt service equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
(I) section 123B.535, subdivision 4, if
the district received natural disaster debt service equalization aid according
to section 123B.535, subdivision 5, in the second preceding year;
(I) (J) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(J) (K) section 123B.591,
subdivision 3, if the district received deferred maintenance aid according to
section 123B.591, subdivision 4, in the second preceding year; and
(K) (L) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii) the total amount of the district's certified levy in the third preceding December, plus or minus auditor's adjustments.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2017 and later.
Sec. 16. Minnesota Statutes 2012, section 127A.49, subdivision 3, is amended to read:
Subd. 3. Excess tax increment. (a) If a return of excess tax increment is made to a district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax increment district, the school district's aid and levy limitations must be adjusted for the fiscal year in which the excess tax increment is paid under the provisions of this subdivision.
(b) An amount must be subtracted from the district's aid for the current fiscal year equal to the product of:
(1) the amount of the payment of excess tax increment to the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for the fiscal year in which the excess tax increment is paid according to the following:
(A) section 123B.57, if the district received health and safety aid according to that section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization aid according to that section for the second preceding year;
(E) section 126C.10, subdivision 13a, if the district received operating capital aid according to section 126C.10, subdivision 13b, in the second preceding year;
(F) section 126C.10, subdivision 29, if the district received equity aid according to section 126C.10, subdivision 30, in the second preceding year;
(G) section 126C.10, subdivision 32, if the district received transition aid according to section 126C.10, subdivision 33, in the second preceding year;
(H) section 123B.53, subdivision 5, if the district received debt service equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
(I) section 123B.535, subdivision 4, if
the district received natural disaster debt service equalization aid according
to section 123B.535, subdivision 5, in the second preceding year;
(I) (J) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(J) (K) section 123B.591,
subdivision 3, if the district received deferred maintenance aid according to
section 123B.591, subdivision 4, in the second preceding year; and
(K) (L) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii) the total amount of the district's certified levy for the fiscal year, plus or minus auditor's adjustments.
(c) An amount must be subtracted from the school district's levy limitation for the next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid for the fiscal year specified or to the levy specified, the reductions must be made from aid for subsequent fiscal years, and from subsequent levies. The school district must use the payment of excess tax increment to replace the aid and levy revenue reduced under this subdivision.
(d) This subdivision applies only to the total amount of excess increments received by a district for a calendar year that exceeds $25,000.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2017 and later.
Sec. 17. Minnesota Statutes 2012, section 129C.10, subdivision 3, is amended to read:
Subd. 3. Powers
and duties of board. (a) The board
has the powers necessary for the care, management, and control of the Perpich
Center for Arts Education and any other school authorized in this chapter,
and all its their real and personal property. The powers shall include, but are not limited
to, those listed in this subdivision.
(b) The board may employ and discharge necessary employees, and contract for other services to ensure the efficient operation of the Center for Arts Education and any other school authorized in this chapter.
(c) The board may receive and award grants. The board may establish a charitable foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for educational purposes and hold, manage, invest, and dispose of them and the proceeds and income of them according to the terms and conditions of the gift, grant, bequest, or devise and its acceptance. The board must adopt internal procedures to administer and monitor aids and grants.
(d) The board may establish or coordinate evening, continuing education, extension, and summer programs for teachers and pupils.
(e) The board may identify pupils who have artistic talent, either demonstrated or potential, in dance, literary arts, media arts, music, theater, and visual arts, or in more than one art form.
(f) The board must educate pupils with artistic talent by providing:
(1) an interdisciplinary academic and arts program for pupils in the 11th and 12th grades. The total number of pupils accepted under this clause and clause (2) shall not exceed 310;
(2) additional instruction to pupils for a 13th grade. Pupils eligible for this instruction are those enrolled in 12th grade who need extra instruction and who apply to the board, or pupils enrolled in the 12th grade who do not meet learner outcomes established by the board;
(3) intensive arts seminars for one or two weeks for pupils in grades 9 to 12;
(4) summer arts institutes for pupils in grades 9 to 12;
(5) artist mentor and extension programs in regional sites; and
(6) teacher education programs for indirect curriculum delivery.
(g) The board may determine the location for the Perpich Center for Arts Education and any additional facilities related to the center, including the authority to lease a temporary facility.
(h) The board must plan for the enrollment of pupils on an equal basis from each congressional district.
(i) The board may establish task forces as needed to advise the board on policies and issues. The task forces expire as provided in section 15.059, subdivision 6.
(j) The board may request the commissioner of education for assistance and services.
(k) The board may enter into contracts with other public and private agencies and institutions for residential and building maintenance services if it determines that these services could be provided more efficiently and less expensively by a contractor than by the board itself. The board may also enter into contracts with public or private agencies and institutions, school districts or combinations of school districts, or service cooperatives to provide supplemental educational instruction and services.
(l) The board may provide or contract for services and programs by and for the Center for Arts Education, including a store, operating in connection with the center; theatrical events; and other programs and services that, in the determination of the board, serve the purposes of the center.
(m) The board may provide for transportation of pupils to and from the Center for Arts Education for all or part of the school year, as the board considers advisable and subject to its rules. Notwithstanding any other law to the contrary, the board may charge a reasonable fee for transportation of pupils. Every driver providing transportation of pupils under this paragraph must possess all qualifications required by the commissioner of education. The board may contract for furnishing authorized transportation under rules established by the commissioner of education and may purchase and furnish gasoline to a contract carrier for use in the performance of a contract with the board for transportation of pupils to and from the Center for Arts Education. When transportation is provided, scheduling of routes, establishment of the location of bus stops, the manner and method of transportation, the control and discipline of pupils, and any other related matter is within the sole discretion, control, and management of the board.
(n) The board may provide room and board for its pupils. If the board provides room and board, it shall charge a reasonable fee for the room and board. The fee is not subject to chapter 14 and is not a prohibited fee according to sections 123B.34 to 123B.39.
(o) The board may establish and set fees for services and programs. If the board sets fees not authorized or prohibited by the Minnesota public school fee law, it may do so without complying with the requirements of section 123B.38.
(p) The board may apply for all competitive grants administered by agencies of the state and other government or nongovernment sources.
EFFECTIVE
DATE. This section is
effective the day following the date on which the Crosswinds school is conveyed
to the Perpich Center for Arts Education by an enactment during the 2014
regular legislative session.
Sec. 18. Minnesota Statutes 2012, section 129C.10, is amended by adding a subdivision to read:
Subd. 5a. Interdistrict
voluntary integration magnet program.
Notwithstanding Minnesota Rules, parts 3535.0110 and 3535.0150,
the board may establish and operate an interdistrict integration magnet program
according to section 129C.30. For fiscal
year 2016 and later, the board must have an approved achievement and
integration plan and budget under section 124D.861.
EFFECTIVE
DATE. This section is
effective the day following the date on which the Crosswinds school is conveyed
to the Perpich Center for Arts Education by an enactment during the 2014
regular legislative session.
Sec. 19. [129C.30]
CROSSWINDS INTEGRATION MAGNET SCHOOL.
Subdivision 1. Definitions. (a) The following terms having the
meanings given them for this chapter.
(b) "Board" means the board
of directors of the Perpich Center for Arts Education.
(c) "Crosswinds school" means
the Crosswinds school in Woodbury operated during the 2012-2013 school year by
Joint Powers District No. 6067, East Metro Integration District.
Subd. 2. Board
to operate the Crosswinds school. The
board may operate the Crosswinds school with the powers and duties granted to
it under this chapter. A student may
apply to the Crosswinds school under section 124D.03 and the Crosswinds school
may accept students under that section.
Subd. 3. General
education funding. General
education revenue must be paid to the Crosswinds school as though it were a
district. The general education revenue
for each adjusted pupil unit is the state average general education revenue per
pupil unit, plus the referendum equalization aid allowance in the pupil's
district of residence, minus an amount equal to the product of the formula
allowance according to section 126C.10, subdivision 2, times .0466, calculated
without declining enrollment, basic skills revenue, extended time revenue,
pension adjustment revenue, transition revenue, and transportation sparsity
revenue, plus declining enrollment, basic skills revenue, extended time
revenue, pension adjustment revenue, and transition revenue as though the
school were a school district. The
general education revenue for each extended time pupil unit equals $4,794.
Subd. 4. Special
education funding. Special
education aid must be paid to the Crosswinds school according to sections
125A.76 and 125A.79, as though it were a school district. The special education aid paid to the
Crosswinds school shall be adjusted as follows:
(1) if the Crosswinds school does not
receive general education revenue on behalf of the student according to
subdivision 3, the aid shall be adjusted as provided in section 125A.11; or
(2) if the Crosswinds school receives
general education revenue on behalf of the student according to subdivision 3,
the aid shall be adjusted as provided in section 127A.47, subdivision 7,
paragraphs (b) to (d).
Subd. 5. Pupil transportation. (a) For fiscal year 2015 only, a member district of Joint Powers District No. 6067, East Metro Integration District, must transport pupils enrolled at the Crosswinds school in the same manner as they were transported in fiscal year 2014.
(b) Pupil transportation expenses under
this section are reimbursable under section 124D.87.
Subd. 6. Achievement
and integration aid. For
fiscal year 2016 and later, the Crosswinds school is eligible for achievement
and integration aid under section 124D.862 as if it were a school district.
Subd. 7. Other
aids, grants, revenue. (a)
The Crosswinds school is eligible to receive other aids, grants, and revenue
according to chapters 120A to 129C as though it were a district.
(b) Notwithstanding paragraph (a), the
Crosswinds school may not receive aid, a grant, or revenue if a levy is
required to obtain the money, or if the aid, grant, or revenue replaces levy
revenue that is not general education revenue, except as otherwise provided in
this section.
(c) Federal aid received by the state
must be paid to the school if it qualifies for the aid as though it were a
school district.
(d) In the year-end report to the
commissioner of education, the Crosswinds school shall report the total amount
of funds received from grants and other outside sources.
Subd. 8. Year-round
programming. The Crosswinds
school may operate as a flexible learning year program under sections 124D.12
to 124D.127.
Subd. 9. Data
requirements. The
commissioner of education shall require the Crosswinds school to follow the
budget and accounting procedures required for school districts and the
Crosswinds school shall report all data to the Department of Education in the
form and manner required by the commissioner.
EFFECTIVE
DATE. This section is
effective July 1, 2014, if, but only if, the Crosswinds school is conveyed to
the Perpich Center for Arts Education by an enactment during the 2014 regular
legislative session.
Sec. 20. Minnesota Statutes 2012, section 298.28, subdivision 7a, as added by Laws 2014, chapter 150, article 6, section 13, is amended to read:
Subd. 7a. Iron Range school consolidation and cooperatively operated school account. The following amounts must be allocated to the Iron Range Resources and Rehabilitation Board to be deposited in the Iron Range school consolidation and cooperatively operated school account that is hereby created:
(1) ten cents per taxable ton of the tax imposed under section 298.24;
(2) the amount as determined under section 298.17, paragraph (b), clause (3); and
(3) for distributions in 2015 through 2017, an amount equal to two-thirds of the increased tax proceeds attributable to the increase in the implicit price deflator as provided in section 298.24, subdivision 1.
Expenditures from this account shall be
made only to provide disbursements to assist school districts with the payment
of bonds that were issued for qualified school projects, or for any other
disbursement as approved by the Iron Range Resources and Rehabilitation Board. For purposes of this section, "qualified
school projects" means school projects within the taconite assistance area
as defined in section 273.1341, that were (1) approved, by referendum, after December 7, 2009; and (2)
approved by the commissioner of education pursuant to section 123B.71.
Beginning in fiscal year 2019, the
disbursement to school districts for payments for bonds issued under section
123A.482, subdivision 9, must be increased each year to offset any reduction in
debt service equalization aid that the school district qualifies for in that
year, under section 123B.53, subdivision 6, compared with the amount the school
district qualified for in fiscal year 2018.
No expenditure under this section shall be made unless approved by seven members of the Iron Range Resources and Rehabilitation Board.
EFFECTIVE
DATE. This section is
effective for production year 2014 and thereafter.
Sec. 21. HARAMBEE
COMMUNITY SCHOOL TRANSITION.
Subdivision 1. Student
enrollment. A student
enrolled in the Harambee community school during the 2013-2014 school year may
continue to enroll in the Harambee community school in any subsequent year. For the 2014-2015 school year and later,
other students may apply for enrollment under Minnesota Statutes, section
124D.03.
Subd. 2. Compensatory
revenue; literacy aid; alternative compensation revenue. For the 2014-2015 school year only,
the Department of Education must calculate compensatory revenue, literacy aid,
and alternative compensation revenue for the Harambee community school based on
the October 1, 2013, enrollment counts.
Subd. 3. Year-round
programming. Harambee
community school may operate as a flexible learning year program under Minnesota
Statutes, sections 124D.12 to 124D.127.
Subd. 4. Pupil
transportation. The board may
transport pupils enrolled in the 2013-2014 school year to and from the Harambee
community school in succeeding school years regardless of the students'
districts of residence. Pupil
transportation expenses under this section are reimbursable under Minnesota
Statutes, section 124D.87.
EFFECTIVE
DATE. This section is
effective the day following the date on which the real and personal property of
the Harambee community school in Maplewood is conveyed to Independent School
District No. 623, Roseville, by an enactment during the 2014 regular
legislative session.
Sec. 22. TRANSITION
REQUIREMENTS; CROSSWINDS SCHOOL.
Subdivision 1. Student
enrollment. Any student
enrolled in the Crosswinds school during the 2013-2014 school year may continue
to enroll in the Crosswinds school in any subsequent year. For the 2014-2015 school year and later, a
student may apply for enrollment to the school under Minnesota Statutes,
section 124D.03.
Subd. 2. Compensatory
revenue, literacy aid, and alternative compensation revenue. For the 2014-2015 school year only,
the Department of Education must calculate compensatory revenue, literacy aid,
and alternative compensation revenue for the Crosswinds school based on the
October 1, 2013, enrollment counts at that site.
Subd. 3. Title
1 funding. To the extent
possible, the Department of Education must qualify the Crosswinds school for
Title 1, and, if applicable, other federal funding as if the program were still
operated by Joint Powers District No. 6067, East Metro Integration
District.
EFFECTIVE
DATE. This section is
effective the day following the date on which the Crosswinds school is conveyed
to the Perpich Center for Arts Education by an enactment during the 2014
regular legislative session.
Sec. 23. LEASE
LEVY; SATELLITE TRANSPORTATION HUB FOR ROSEMOUNT-APPLE VALLEY-EAGAN SCHOOL
DISTRICT.
Notwithstanding Minnesota Statutes,
section 126C.40, subdivision 1, Independent School District No. 196,
Rosemount-Apple Valley-Eagan, may lease a satellite transportation hub under
Minnesota Statutes, section 126C.40, subdivision 1, if the district can
demonstrate to the satisfaction of the commissioner of education that the
satellite transportation hub will result in a significant financial savings. Levy authority under this section shall not
exceed the total levy authority under Minnesota Statutes, section 126C.40,
subdivision 1, paragraph (e).
EFFECTIVE
DATE. This section is
effective for taxes payable in 2016 and later.
Sec. 24. REPEALER.
Minnesota Statutes 2012, section
123B.71, subdivisions 1 and 4, are repealed.
ARTICLE 19
NUTRITION
Section 1. Minnesota Statutes 2013 Supplement, section 124D.111, subdivision 1, is amended to read:
Subdivision 1. School
lunch aid computation. Each school
year, the state must pay participants in the national school lunch program the
amount of 12.5 cents for each full paid, reduced-price, and free student
lunch and 52.5 cents for each reduced-price lunch served to students.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 2. Minnesota Statutes 2012, section 124D.111, is amended by adding a subdivision to read:
Subd. 4. No
fees. A participant that
receives school lunch aid under this section must make lunch available without
charge to all participating students who qualify for free or reduced-price
meals. The participant must also ensure
that any reminders for payment of outstanding student meal balances do not
demean or stigmatize any child participating in the school lunch program.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 3. Minnesota Statutes 2012, section 124D.1158, subdivision 3, is amended to read:
Subd. 3. Program
reimbursement. Each school year, the
state must reimburse each participating school 30 cents for each reduced-price
breakfast and, 55 cents for each fully paid breakfast served
to students in grades 1 to 12, and $1.30 for each fully paid breakfast served
to a kindergarten student.
Sec. 4. Minnesota Statutes 2012, section 124D.1158, subdivision 4, is amended to read:
Subd. 4. No fees. A school that receives school breakfast aid under this section must make breakfast available without charge to all participating students in grades 1 to 12 who qualify for free or reduced price meals and to all kindergarten students.
Sec. 5. Laws 2013, chapter 116, article 7, section 21, subdivision 2, is amended to read:
Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Sec. 6. Laws 2013, chapter 116, article 7, section 21, subdivision 3, is amended to read:
Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
ARTICLE 20
EARLY EDUCATION, COMMUNITY EDUCATION, SELF-SUFFICIENCY
AND LIFELONG LEARNING
Section 1. Minnesota Statutes 2012, section 124D.13, subdivision 2, as amended by Laws 2014, chapter 272, article 1, section 31, is amended to read:
Subd. 2. Program requirements. (a) Early childhood family education programs are programs for children in the period of life from birth to kindergarten, for the parents and other relatives of these children, and for expectant parents. To the extent that funds are insufficient to provide programs for all children, early childhood family education programs should emphasize programming for a child from birth to age three and encourage parents and other relatives to involve four- and five-year-old children in school readiness programs, and other public and nonpublic early learning programs. A district may not limit participation to school district residents. Early childhood family education programs must provide:
(1) programs to educate parents and other
relatives about the physical, mental, cognitive, social, and
emotional development of children and to enhance the skills of parents and
other relatives in providing for their children's learning and development;
(2) structured learning activities requiring interaction between children and their parents or relatives;
(3) structured learning activities for children that promote children's development and positive interaction with peers, which are held while parents or relatives attend parent education classes;
(4) information on related community resources;
(5) information, materials, and activities
that support the safety of children, including prevention of child abuse and
neglect; and
(6) a community outreach plan to ensure
participation by families who reflect the racial, cultural, linguistic, and
economic diversity of the school district.
needs assessment that identifies new and underserved populations,
identifies child and family risk factors, particularly those that impact
children's learning and development, and assesses family and parenting
education needs in the community;
(7) programming and services that are
tailored to the needs of families and parents prioritized in the community
needs assessment; and
(8) provide information about and, if
needed, assist in making arrangements for an early childhood health and
developmental screening under sections 121A.16 and 121A.17, when the child
nears the third birthday.
Early childhood family education
programs should prioritize programming and services for families and parents
identified in the community needs assessment, particularly those families and
parents with children with the most risk factors birth to age three.
Early childhood family education programs are encouraged to provide parents of English learners with translated oral and written information to monitor the program's impact on their children's English language development, to know whether their children are progressing in developing their English and native language proficiency, and to actively engage with and support their children in developing their English and native language proficiency.
The programs must include learning experiences for children, parents, and other relatives that promote children's early literacy and, where practicable, their native language skills and activities for children that require substantial involvement of the children's parents or other relatives. The program may provide parenting education programming or services to anyone identified in the community needs assessment. Providers must review the program periodically to assure the instruction and materials are not racially, culturally, or sexually biased. The programs must encourage parents to be aware of practices that may affect equitable development of children.
(b) For the purposes of this section, "relative" or "relatives" means noncustodial grandparents or other persons related to a child by blood, marriage, adoption, or foster placement, excluding parents.
Sec. 2. Minnesota Statutes 2012, section 124D.13, subdivision 4, is amended to read:
Subd. 4. Home visiting program. A district that levies for home visiting under section 124D.135, subdivision 6, shall use this revenue to include as part of the early childhood family education programs a parent education component that is designed to reach isolated or at-risk families.
The home visiting program must use:
(1) an established risk assessment tool
to determine the family's level of risk incorporate evidence-informed
parenting education practices designed to support the healthy growth and
development of children, with a priority focus on those children who have high
needs;
(2) establish clear objectives and protocols for home visits;
(3) encourage families to make a transition from home visits to site-based parenting programs;
(4)
provide program services that are community-based, accessible, and culturally
relevant; and
(5) foster collaboration among existing
agencies and community-based organizations that serve young children and their
families, such as public health evidence-based models of home visiting and
Head Start home visiting; and
(6) provide information about and assist in making arrangements for an early childhood health and developmental screening when the child nears his or her third birthday.
Home visitors The home visiting
program should be provided by licensed parenting educators, certified
family life educators, or professionals with an equivalent license that
reflect the demographic composition of the community to the extent possible.
Sec. 3. Minnesota Statutes 2012, section 124D.13, subdivision 9, is amended to read:
Subd. 9. District advisory councils. The board must appoint an advisory council from the area in which the program is provided. A majority of the council must be parents participating in the program, who represent the demographics of the community. The district must ensure, to the extent possible, that the council includes representation of families who are racially, culturally, linguistically, and economically diverse. The council must assist the board in developing, planning, and monitoring the early childhood family education program. The council must report to the board and the community education advisory council.
Sec. 4. Minnesota Statutes 2012, section 124D.13, subdivision 13, is amended to read:
Subd. 13. Program data submission requirements. Districts receiving early childhood family education revenue under section 124D.135 must submit annual program data, including data that demonstrates the program response to the community needs assessment, to the department by July 15 in the form and manner prescribed by the commissioner.
Sec. 5. Minnesota Statutes 2012, section 124D.13, is amended by adding a subdivision to read:
Subd. 14. Supervision. A program provided by a board must be
supervised by a licensed early childhood teacher or a licensed parent educator.
Sec. 6. Minnesota Statutes 2012, section 124D.13, is amended by adding a subdivision to read:
Subd. 15. Parenting
education transition program. To
the extent that funds are sufficient, early childhood family education may
provide parenting education transition programming for parents of children
birth to grade three in districts in which there is a prekindergarten-grade
three initiative in order to facilitate continued parent engagement in
children's learning and development. Early
childhood family education programs are encouraged to develop partnerships to
provide a parenting education liaison to providers of other public and nonpublic
early learning programs, such as Head Start, school readiness, child care,
early childhood special education, local public health programs, and health
care providers.
Sec. 7. Minnesota Statutes 2012, section 124D.135, subdivision 1, is amended to read:
Subdivision 1. Revenue. The revenue for early childhood family
education programs for a school district equals $112 for fiscal year 2007
and $120 for fiscal year 2008 $120 for fiscal year 2014 and the formula
allowance for the year times 0.023 for fiscal year 2015 and later, times
the greater of:
(1) 150; or
(2) the number of people under five years of age residing in the district on October 1 of the previous school year.
Sec. 8. Minnesota Statutes 2012, section 124D.135, subdivision 3, is amended to read:
Subd. 3. Early
childhood family education levy. (a)
By September 30 of each year, the commissioner shall establish a tax rate for
early childhood family education revenue that raises $22,135,000 in each fiscal
year. If the amount of the early
childhood family education levy would exceed the early childhood family
education revenue, the early childhood family education levy must equal the
early childhood family education revenue.
A district may not certify an early childhood family education levy
unless it has met the annual program data reporting requirements under section
124D.13, subdivision 13.
(b) Notwithstanding paragraph (a), for
fiscal year 2009 only, the commissioner shall establish a tax rate for early
education revenue that raises $13,565,000.
Sec. 9. Minnesota Statutes 2012, section 124D.16, subdivision 2, is amended to read:
Subd. 2. Amount of aid. (a) A district is eligible to receive school readiness aid for eligible prekindergarten pupils enrolled in a school readiness program under section 124D.15 if the biennial plan required by section 124D.15, subdivision 3a, has been approved by the commissioner.
(b) For fiscal year 2002 and
thereafter, A district must receive school readiness aid equal to:
(1) the number of four-year-old children in the district on October 1 for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of four-year-old children reported to the commissioner for the previous school year; plus
(2) the number of pupils enrolled in the school district from families eligible for the free or reduced school lunch program for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of pupils in the state from families eligible for the free or reduced school lunch program for the previous school year.
(c) For fiscal year 2015 and later, the
total school readiness aid entitlement equals $12,170,000.
EFFECTIVE
DATE. This section is
effective for state aid for fiscal year 2015 and later.
Sec. 10. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 3, is amended to read:
Subd. 3. Administration. (a) The commissioner shall establish application timelines and determine the schedule for awarding scholarships that meets operational needs of eligible families and programs. The commissioner may prioritize applications on factors including family income, geographic location, and whether the child's family is on a waiting list for a publicly funded program providing early education or child care services.
(b) For fiscal years 2014 and 2015
only, scholarships may be awarded up to not exceed $5,000 per
year for each eligible child per year. For fiscal year 2016 and later, the
commissioner shall establish a target for the average scholarship amount per
child based on the results of the rate survey conducted under section 119B.02.
(c) A four-star rated program that has
children eligible for a scholarship enrolled in or on a waiting list for a
program beginning in July, August, or September may notify the commissioner, in
the form and manner prescribed by the commissioner, each year of the program's
desire to enhance program services or to serve more children than current
funding provides. The commissioner may
designate a predetermined number of scholarship slots for that program and
notify the program of that number. Beginning
July 1, 2016, a school district or Head Start program qualifying under this
paragraph may use its established registration process to enroll scholarship
recipients and may verify a scholarship recipient's family income in the same
manner as for other program participants.
(d) A scholarship is awarded for a 12-month period. If the scholarship recipient has not been accepted and subsequently enrolled in a rated program within ten months of the awarding of the scholarship, the scholarship cancels and the recipient must reapply in order to be eligible for another scholarship. A child may not be awarded more than one scholarship in a 12-month period.
(e) A child who receives a scholarship who has not completed development screening under sections 121A.16 to 121A.19 must complete that screening within 90 days of first attending an eligible program.
(f) For fiscal year 2017 and later, a
school district or Head Start program enrolling scholarship recipients under
paragraph (c) may apply to the commissioner, in the form and manner prescribed
by the commissioner, for direct payment of state aid. Upon receipt of the application, the
commissioner must pay each program directly for each approved scholarship
recipient enrolled under paragraph (c) according to the metered payment system
or another schedule established by the commissioner.
Sec. 11. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 4, is amended to read:
Subd. 4. Early childhood program eligibility. (a) In order to be eligible to accept an early childhood education scholarship, a program must:
(1) participate in the quality rating and improvement system under section 124D.142; and
(2) beginning July 1, 2016, have a three- or four-star rating in the quality rating and improvement system.
(b) Any program accepting scholarships must use the revenue to supplement and not supplant federal funding.
(c) Notwithstanding paragraph (a), all
Minnesota early learning foundation scholarship program pilot sites are
eligible to accept an early learning scholarship under this section.
Sec. 12. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 5, is amended to read:
Subd. 5. Report
required. The commissioner shall
contract with an independent contractor to evaluate the early learning
scholarship program. The evaluation must
include recommendations regarding the appropriate scholarship amount,
efficiency, and effectiveness of the administration, and impact on kindergarten
readiness. By January 15, 2016, the
commissioner shall submit a written copy of the evaluation to the chairs and
ranking minority members of the legislative committees and divisions with
primary jurisdiction over kindergarten through grade 12 education.
Sec. 13. Minnesota Statutes 2012, section 124D.522, is amended to read:
124D.522
ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE GRANTS.
(a) The commissioner, in consultation with the policy review task force under section 124D.521, may make grants to nonprofit organizations to provide services that are not offered by a district adult basic education program or that are supplemental to either the statewide adult basic education program, or a district's adult basic education program. The commissioner may make grants for: staff development for adult basic education teachers and administrators; training for volunteer tutors; training, services, and materials for serving disabled students through adult basic education programs; statewide promotion of adult basic education services and programs; development and dissemination of instructional and administrative technology for adult basic education programs; programs which primarily serve communities of color; adult basic education distance learning projects, including television instruction programs; and other supplemental services to support the mission of adult basic education and innovative delivery of adult basic education services.
(b)
The commissioner must establish eligibility criteria and grant application
procedures. Grants under this section
must support services throughout the state, focus on educational results for
adult learners, and promote outcome-based achievement through adult basic
education programs. Beginning in fiscal
year 2002, the commissioner may make grants under this section from the state
total adult basic education aid set aside for supplemental service grants under
section 124D.531. Up to one-fourth of
the appropriation for supplemental service grants must be used for grants for
adult basic education programs to encourage and support innovations in adult
basic education instruction and service delivery. A grant to a single organization cannot
exceed 20 40 percent of the total supplemental services aid. Nothing in this section prevents an approved
adult basic education program from using state or federal aid to purchase
supplemental services.
Sec. 14. Minnesota Statutes 2013 Supplement, section 124D.531, subdivision 1, is amended to read:
Subdivision 1. State total adult basic education aid. (a) The state total adult basic education aid for fiscal year 2011 equals $44,419,000, plus any amount that is not paid during the previous fiscal year as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3. The state total adult basic education aid for later fiscal years equals:
(1) the state total adult basic education aid for the preceding fiscal year plus any amount that is not paid for during the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) 1.025 1.03; or
(ii) the average growth in state total contact hours over the prior ten program years.
Beginning in fiscal year 2002, two Three
percent of the state total adult basic education aid must be set aside for
adult basic education supplemental service grants under section 124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals the difference between the amount computed in paragraph (a), and the state total basic population aid under subdivision 2.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2015 and later.
Sec. 15. Minnesota Statutes 2012, section 124D.531, subdivision 3, is amended to read:
Subd. 3. Program revenue. Adult basic education programs established under section 124D.52 and approved by the commissioner are eligible for revenue under this subdivision. For fiscal year 2001 and later, adult basic education revenue for each approved program equals the sum of:
(1) the basic population aid under subdivision 2 for districts participating in the program during the current program year; plus
(2) 84 percent times the amount computed in subdivision 1, paragraph (b), times the ratio of the contact hours for students participating in the program during the first prior program year to the state total contact hours during the first prior program year; plus
(3) eight percent times the amount computed in subdivision 1, paragraph (b), times the ratio of the enrollment of English learners during the second prior school year in districts participating in the program during the current program year to the state total enrollment of English learners during the second prior school year in districts participating in adult basic education programs during the current program year; plus
(4)
eight percent times the amount computed in subdivision 1, paragraph (b), times
the ratio of the latest federal census count of the number of adults aged 20
25 or older with no diploma residing in the districts participating in
the program during the current program year to the latest federal census count
of the state total number of adults aged 20 25 or older with no
diploma residing in the districts participating in adult basic education
programs during the current program year.
Sec. 16. Laws 2013, chapter 116, article 8, section 5, subdivision 2, is amended to read:
Subd. 2. School readiness. For revenue for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $1,372,000
for 2013 and $8,723,000 $9,086,000 for 2014.
The 2015 appropriation includes $1,372,000
$1,009,000 for 2014 and $8,787,000 $10,953,000 for 2015.
Sec. 17. Laws 2013, chapter 116, article 8, section 5, subdivision 3, is amended to read:
Subd. 3. Early childhood family education aid. For early childhood family education aid under Minnesota Statutes, section 124D.135:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $3,008,000
for 2013 and $19,070,000 $19,789,000 for 2014.
The 2015 appropriation includes $3,001,000
$2,198,000 for 2014 and $19,424,000 $24,453,000 for 2015.
Sec. 18. Laws 2013, chapter 116, article 8, section 5, subdivision 8, is amended to read:
Subd. 8. Early childhood
education learning scholarships.
For transfer to the Office of Early Learning for early learning
scholarships under Minnesota Statutes, section 124D.165:
|
|
$23,000,000 |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Up to $950,000 each year is for administration of this program.
Any balance in the first year does not cancel but is available in the second year.
The base for fiscal year 2016 and later
is $27,884,000.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 19. Laws 2013, chapter 116, article 8, section 5, subdivision 9, is amended to read:
Subd. 9. Parent-child home program. For a grant to the parent-child home program:
|
|
$250,000 |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The
grant must be used for an evidence-based and research-validated early childhood
literacy and school readiness program for children ages 16 months to four years
at its existing suburban program location.
The program must expand to one additional urban and one additional rural
program location for fiscal years 2014 and 2015. The base for fiscal year 2016 and later is
$250,000.
Sec. 20. Laws 2013, chapter 116, article 8, section 5, subdivision 14, is amended to read:
Subd. 14. Adult basic education aid. For adult basic education aid under Minnesota Statutes, section 124D.531:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $6,284,000
$6,278,000 for 2013 and $40,721,000 $42,498,000 for 2014.
The 2015 appropriation includes $6,409,000
$4,722,000 for 2014 and $41,736,000 $43,693,000 for 2015.
Sec. 21. APPROPRIATIONS.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal year designated.
Subd. 2. Northside
Achievement Zone. For a grant
to the Northside Achievement Zone.
|
|
$350,000
|
.
. . . . |
2015
|
(a) Funds appropriated in this section
are to reduce multigenerational poverty and the educational achievement gap
through increased enrollment of families within the zone, and may be used for
Northside Achievement Zone programming and services consistent with federal
Promise Neighborhood program agreements and requirements. The base appropriation for fiscal year 2016
and later is $200,000.
(b) The Northside Achievement Zone
shall submit a report to the chairs of the legislative committees with
jurisdiction over early childhood through grade 12 education policy and finance
that, at a minimum, summarizes program activities, specifies performance
measures, and analyzes program outcomes.
The report must be submitted by January 15, 2016.
Subd. 3. Saint Paul Promise Neighborhood. For a grant to the Saint Paul Promise Neighborhood.
|
|
$350,000
|
.
. . . . |
2015
|
(a) Funds appropriated in this section
are to reduce multigenerational poverty and the educational achievement gap
through increased enrollment of families within the zone, and may be used for
Saint Paul Promise Neighborhood programming and services consistent with
federal Promise Neighborhood program agreements and requirements.
(b) The Saint Paul Promise Neighborhood
shall submit a report on January 15, 2016, to the chairs of the legislative
committees with jurisdiction over early childhood through grade 12 education
policy and finance. The report, at a
minimum, must summarize program activities, specify performance measures, and
analyze program outcomes.
(c) The base appropriation for fiscal
year 2016 and later is $200,000.
ARTICLE 21
STATE AGENCIES
Section 1. 2014 H. F. No. 2180, section 11, if enacted, is amended to read:
Sec. 11. Minnesota Statutes 2012, section 471.6161, is amended by adding a subdivision to read:
Subd. 8. School districts; group health insurance coverage. (a) Any entity providing group health insurance coverage to a school district must provide the school district with school district-specific nonidentifiable aggregate claims records for the most recent 24 months within 30 days of the request.
(b) School districts shall request proposals for group health insurance coverage as provided in subdivision 2 from a minimum of three potential sources of coverage. One of these requests must go to an administrator governed by chapter 43A. Entities referenced in subdivision 1 must respond to requests for proposals received directly from a school district. School districts that are self-insured must also follow these provisions, except as provided in paragraph (f). School districts must make requests for proposals at least 150 days prior to the expiration of the existing contract but not more frequently than once every 24 months. The request for proposals must include the most recently available 24 months of nonidentifiable aggregate claims data. The request for proposals must be publicly released at or prior to its release to potential sources of coverage.
(c) School district contracts for group health insurance must not be longer than two years unless the exclusive representative of the largest employment group and the school district agree otherwise.
(d) All initial proposals shall be sealed upon receipt until they are all opened no less than 90 days prior to the plan's renewal date in the presence of up to three representatives selected by the exclusive representative of the largest group of employees. Section 13.591, subdivision 3, paragraph (b), applies to data in the proposals. The representatives of the exclusive representative must maintain the data according to this classification and are subject to the remedies and penalties under sections 13.08 and 13.09 for a violation of this requirement.
(e) A school district, in consultation with the same representatives referenced in paragraph (d), may continue to negotiate with any entity that submitted a proposal under paragraph (d) in order to reduce costs or improve services under the proposal. Following the negotiations any entity that submitted an initial proposal may submit a final proposal incorporating the negotiations, which is due no less than 75 days prior to the plan's renewal date. All the final proposals submitted must be opened at the same time in the presence of up to three representatives selected by the exclusive representative of the largest group of employees. Notwithstanding section 13.591, subdivision 3, paragraph (b), following the opening of the final proposals, all the proposals, including any made under paragraph (d), and other data submitted in connection with the proposals are public data. The school district may choose from any of the initial or final proposals without further negotiations and in accordance with subdivision 5, but not sooner than 15 days after the proposals become public data.
(f) School districts that are self-insured shall follow all of the requirements of this section, except that:
(1) their requests for proposals may be for third-party administrator services, where applicable;
(2) these requests for proposals must be from a minimum of three different sources, which may include both entities referenced in subdivision 1 and providers of third-party administrator services;
(3) for purposes of fulfilling the requirement to request a proposal for group insurance coverage from an administrator governed by chapter 43A, self-insured districts are not required to include in the request for proposal the coverage to be provided;
(4) a district that is self-insured on or before the date of enactment, or that is self-insured with more than 1,000 insured lives, or a district in which the school board adopted a motion on or before May 14, 2014, to approve a self-insured health care plan to be effective July 1, 2014, may, but need not, request a proposal from an administrator governed by chapter 43A;
(5) requests for proposals must be sent to providers no less than 90 days prior to the expiration of the existing contract; and
(6) proposals must be submitted at least 60 days prior to the plan's renewal date and all proposals shall be opened at the same time and in the presence of the exclusive representative, where applicable.
(g) Nothing in this section shall restrict the authority granted to school district boards of education by section 471.59, except that districts will not be considered self-insured for purposes of this subdivision solely through participation in a joint powers arrangement.
(h) An entity providing group health insurance to a school district under a multiyear contract must give notice of any rate or plan design changes applicable under the contract at least 90 days before the effective date of any change. The notice must be given to the school district and to the exclusive representatives of employees.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Laws 2013, chapter 116, article 9, section 1, subdivision 2, is amended to read:
Subd. 2. Department. (a) For the Department of Education:
|
|
$20,058,000 |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Any balance in the first year does not cancel but is available in the second year.
(b) $260,000 each year is for the Minnesota Children's Museum.
(c) $41,000 each year is for the Minnesota Academy of Science.
(d) $50,000 each year is for the Duluth Children's Museum.
(e) $618,000 each in fiscal year
2014 and $718,000 in fiscal year is 2015 only are for the
Board of Teaching. Any balance in the
first year does not cancel but is available in the second year.
(f) $167,000 each in fiscal year
2014 and $225,000 in fiscal year is 2015 are for the Board of
School Administrators. Any balance in
the first year does not cancel but is available in the second year.
(g) $75,000 in fiscal year 2015 only is
for The Works Museum.
(h) $50,000 in fiscal year 2015 only is
for a grant to the Headwaters Science Center for hands-on science, technology,
engineering, and math (STEM) education.
(i) $25,000 each year is for innovation
pilot grants under Laws 2012, chapter 263, section 1.
(j) The expenditures of federal grants and aids as shown in the biennial budget document and its supplements are approved and appropriated and shall be spent as indicated.
(h) (k) None of the amounts appropriated under
this subdivision may be used for Minnesota's Washington, D.C. office.
(i) (l) $250,000 each year
is for the School Finance Division to enhance financial data analysis.
(j) (m) $750,000 in fiscal
year 2014 only is for departmental costs associated with teacher development
and evaluation. Any balance in the first
year does not cancel and is available in the second year.
(n) The base budget for fiscal year
2016 and later is $19,451,000.
Sec. 3. Laws 2013, chapter 116, article 9, section 2, is amended to read:
Sec. 2. APPROPRIATIONS;
MINNESOTA STATE ACADEMIES.
The sums indicated in this section are appropriated from the general fund to the Minnesota State Academies for the Deaf and the Blind for the fiscal years designated:
|
|
$11,749,000 |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
$85,000 of the fiscal year 2014 appropriation is for costs associated with upgrading kitchen facilities. Any balance in the first year does not cancel but is available in the second year.
Sec. 4. APPROPRIATION;
RESPONSES TO HEALTH INSURANCE TRANSPARENCY ACT BID REQUESTS.
(a) $294,000 is appropriated for fiscal
year 2015 from the general fund to the commissioner of management and budget to
comply with the requirements relating to health insurance transparency in Laws
2014, chapter 279, if enacted. This is a
onetime appropriation.
(b)
If Laws 2014, chapter 279, is enacted, the commissioner of management and
budget shall report by January 15, 2015, to the legislative chairs and
ranking minority members with jurisdiction over state government finance on the
ongoing costs incurred by the public employees insurance program in compliance
with the requirements of the health insurance transparency act and may request
additional appropriations, if necessary.
ARTICLE 22
FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1. Laws 2013, chapter 116, article 1, section 58, subdivision 3, is amended to read:
Subd. 3. Enrollment options transportation. For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Sec. 2. Laws 2013, chapter 116, article 1, section 58, subdivision 4, is amended to read:
Subd. 4. Abatement revenue. For abatement aid under Minnesota Statutes, section 127A.49:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $301,000
for 2013 and $2,446,000 $2,575,000 for 2014.
The 2015 appropriation includes $385,000
$286,000 for 2014 and $2,751,000 $2,817,000 for 2015.
Sec. 3. Laws 2013, chapter 116, article 1, section 58, subdivision 5, is amended to read:
Subd. 5. Consolidation transition. For districts consolidating under Minnesota Statutes, section 123A.485:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $40,000
for 2013 and $432,000 $545,000 for 2014.
The 2015 appropriation includes $68,000
$60,000 for 2014 and $412,000 $194,000 for 2015.
Sec. 4. Laws 2013, chapter 116, article 1, section 58, subdivision 11, is amended to read:
Subd. 11. Career and technical aid. For career and technical aid under Minnesota Statutes, section 124D.4531, subdivision 1b:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $0 for 2014
2013 and $4,320,000 $3,959,000 for 2015 2014.
The 2015 appropriation includes $680,000
$439,000 for 2014 and $5,000,000 $4,733,000 for 2015.
B. EDUCATION EXCELLENCE
Sec. 5. Laws 2013, chapter 116, article 3, section 37, subdivision 3, is amended to read:
Subd. 3. Achievement and integration aid. For achievement and integration aid under Minnesota Statutes, section 124D.862:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $0 for
2013 and $58,911,000 $55,609,000 for 2014.
The 2015 appropriation includes $9,273,000
$6,178,000 for 2014 and $59,350,000 $56,514,000 for 2015.
Sec. 6. Laws 2013, chapter 116, article 3, section 37, subdivision 4, is amended to read:
Subd. 4. Literacy incentive aid. For literacy incentive aid under Minnesota Statutes, section 124D.98:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $6,607,000
for 2013 and $45,907,000 $44,391,000 for 2014.
The 2015 appropriation includes $7,225,000
$4,932,000 for 2014 and $46,593,000 $42,526,000 for 2015.
Sec. 7. Laws 2013, chapter 116, article 3, section 37, subdivision 5, is amended to read:
Subd. 5. Interdistrict desegregation or integration transportation grants. For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Sec. 8. Laws 2013, chapter 116, article 3, section 37, subdivision 6, is amended to read:
Subd. 6. Success for the future. For American Indian success for the future grants under Minnesota Statutes, section 124D.81:
|
|
$ |
. . . . . |
2014 |
|
|
$2,137,000 |
. . . . . |
2015 |
The 2014 appropriation includes $290,000
for 2013 and $1,847,000 $1,924,000 for 2014.
The 2015 appropriation includes $290,000
$213,000 for 2014 and $1,847,000 $1,924,000 for 2015.
Sec. 9. Laws 2013, chapter 116, article 3, section 37, subdivision 20, is amended to read:
Subd. 20. Alternative compensation. For alternative teacher compensation aid under Minnesota Statutes, section 122A.415, subdivision 4:
|
|
$ |
. . . . . |
2015 |
The 2015 appropriation includes $0 for 2014
and $59,711,000 $71,599,000 for 2015.
C. CHARTER SCHOOLS
Sec. 10. Laws 2013, chapter 116, article 4, section 9, subdivision 2, is amended to read:
Subd. 2. Charter school building lease aid. For building lease aid under Minnesota Statutes, section 124D.11, subdivision 4:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $6,819,000
$6,681,000 for 2013 and $47,665,000 $47,944,000 for 2014.
The 2015 appropriation includes $7,502,000
$5,327,000 for 2014 and $52,031,000 $52,967,000 for 2015.
D. SPECIAL PROGRAMS
Sec. 11. Laws 2013, chapter 116, article 5, section 31, subdivision 2, is amended to read:
Subd. 2. Special education; regular. For special education aid under Minnesota Statutes, section 125A.75:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014
appropriation includes $118,232,000 $118,183,000 for 2013 and $802,884,000
$920,282,000 for 2014.
The 2015
appropriation includes $169,929,000 $129,549,000 for 2014 and $938,282,000
$982,092,000 for 2015.
Sec. 12. Laws 2013, chapter 116, article 5, section 31, subdivision 3, is amended to read:
Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
If the appropriation for either year is insufficient, the appropriation for the other year is available.
Sec. 13. Laws 2013, chapter 116, article 5, section 31, subdivision 4, is amended to read:
Subd. 4. Travel for home-based services. For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $45,000 for
2013 and $300,000 $306,000 for 2014.
The 2015 appropriation includes $47,000
$33,000 for 2014 and $308,000 $313,000 for 2015.
Sec. 14. Laws 2013, chapter 116, article 5, section 31, subdivision 5, is amended to read:
Subd. 5. Special education; excess costs. For excess cost aid under Minnesota Statutes, section 125A.79, subdivision 7:
|
|
$ |
. . . . . |
2014 |
The 2014 appropriation includes $42,030,000
$42,016,000 for 2013 and $0 for 2014.
E. FACILITIES AND TECHNOLOGY
Sec. 15. Laws 2013, chapter 116, article 6, section 12, subdivision 2, is amended to read:
Subd. 2. Health and safety revenue. For health and safety aid according to Minnesota Statutes, section 123B.57, subdivision 5:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $26,000
$24,000 for 2013 and $437,000 $447,000 for 2014.
The 2015 appropriation includes $68,000
$49,000 for 2014 and $366,000 $602,000 for 2015.
Sec. 16. Laws 2013, chapter 116, article 6, section 12, subdivision 3, is amended to read:
Subd. 3. Debt service equalization. For debt service aid according to Minnesota Statutes, section 123B.53, subdivision 6:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $2,397,000
for 2013 and $16,686,000 $17,381,000 for 2014.
The 2015 appropriation includes $2,626,000
$1,931,000 for 2014 and $22,434,000 $20,660,000 for 2015.
Sec. 17. Laws 2013, chapter 116, article 6, section 12, subdivision 4, is amended to read:
Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid, according to Minnesota Statutes, section 123B.59, subdivision 1:
|
|
$ |
. . . . . |
2014 |
|
|
$19,287,000 |
. . . . . |
2015 |
The 2014 appropriation includes $2,623,000
for 2013 and $16,664,000 $17,359,000 for 2014.
The 2015 appropriation includes $2,623,000
$1,928,000 for 2014 and $16,664,000 $17,359,000 for 2015.
Sec. 18. Laws 2013, chapter 116, article 6, section 12, subdivision 6, is amended to read:
Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to Minnesota Statutes, section 123B.591, subdivision 4:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $456,000
$475,000 for 2013 and $3,108,000 $3,402,000 for 2014.
The 2015 appropriation includes $489,000
$378,000 for 2014 and $3,241,000 $3,646,000 for 2015.
F. NUTRITION AND LIBRARIES
Sec. 19. Laws 2013, chapter 116, article 7, section 21, subdivision 4, is amended to read:
Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes, section 124D.118:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
Sec. 20. Laws 2013, chapter 116, article 7, section 21, subdivision 6, is amended to read:
Subd. 6. Basic system support. For basic system support grants under Minnesota Statutes, section 134.355:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $1,845,000
for 2013 and $11,725,000 $12,213,000 for 2014.
The 2015 appropriation includes $1,845,000
$1,357,000 for 2014 and $11,725,000 $12,213,000 for 2015.
Sec. 21. Laws 2013, chapter 116, article 7, section 21, subdivision 7, is amended to read:
Subd. 7. Multicounty, multitype library systems. For grants under Minnesota Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
|
|
$ |
. . . . . |
2014 |
|
|
$1,300,000 |
. . . . . |
2015 |
The 2014 appropriation includes $176,000
for 2013 and $1,124,000 $1,170,000 for 2014.
The 2015 appropriation includes $176,000
$130,000 for 2014 and $1,124,000 $1,170,000 for 2015.
Sec. 22. Laws 2013, chapter 116, article 7, section 21, subdivision 9, is amended to read:
Subd. 9. Regional library telecommunications aid. For regional library telecommunications aid under Minnesota Statutes, section 134.355:
|
|
$ |
. . . . . |
2014 |
|
|
$2,300,000 |
. . . . . |
2015 |
The 2014 appropriation includes $312,000
for 2013 and $1,988,000 $2,070,000 for 2014.
The 2015 appropriation includes $312,000
$230,000 for 2014 and $1,988,000 $2,070,000 for 2015.
G. EARLY CHILDHOOD EDUCATION, SELF-SUFFICIENCY, AND LIFELONG LEARNING
Sec. 23. Laws 2013, chapter 116, article 8, section 5, subdivision 4, is amended to read:
Subd. 4. Health and developmental screening aid. For health and developmental screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $474,000
$471,000 for 2013 and $2,947,000 $3,053,000 for 2014.
The 2015 appropriation includes $463,000
$339,000 for 2014 and $2,881,000 $2,991,000 for 2015.
Sec. 24. Laws 2013, chapter 116, article 8, section 5, subdivision 10, is amended to read:
Subd. 10. Community
education aid. For community
education aid under Minnesota Statutes, section 124D.20:
|
|
$ |
. . . . . |
2014 |
|
|
$ |
. . . . . |
2015 |
The 2014 appropriation includes $118,000
for 2013 and $817,000 $837,000 for 2014.
The 2015 appropriation includes $128,000
$93,000 for 2014 and $928,000 $967,000 for 2015.
Sec. 25. Laws 2013, chapter 116, article 8, section 5, subdivision 11, is amended to read:
Subd. 11. Adults with disabilities program aid. For adults with disabilities programs under Minnesota Statutes, section 124D.56:
|
|
$ |
. . . . . |
2014 |
|
|
$710,000 |
. . . . . |
2015 |
The 2014 appropriation includes $96,000
$95,000 for 2013 and $614,000 $639,000 for 2014.
The 2015 appropriation includes $96,000
$71,000 for 2014 and $614,000 $639,000 for 2015.
ARTICLE 23
HEALTH DEPARTMENT
Section 1. Minnesota Statutes 2013 Supplement, section 103I.205, subdivision 4, is amended to read:
Subd. 4. License required. (a) Except as provided in paragraph (b), (c), (d), or (e), section 103I.401, subdivision 2, or section 103I.601, subdivision 2, a person may not drill, construct, repair, or seal a well or boring unless the person has a well contractor's license in possession.
(b) A person may construct, repair, and seal a monitoring well if the person:
(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches of civil or geological engineering;
(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;
(3) is a professional geoscientist licensed under sections 326.02 to 326.15;
(4) is a geologist certified by the American Institute of Professional Geologists; or
(5) meets the qualifications established by the commissioner in rule.
A person must register with the commissioner as a monitoring well contractor on forms provided by the commissioner.
(c) A person may do the following work with a limited well/boring contractor's license in possession. A separate license is required for each of the six activities:
(1) installing or repairing well screens or pitless units or pitless adaptors and well casings from the pitless adaptor or pitless unit to the upper termination of the well casing;
(2) constructing, repairing, and sealing drive point wells or dug wells;
(3) installing well pumps or pumping equipment;
(4) sealing wells;
(5) constructing, repairing, or sealing dewatering wells; or
(6) constructing, repairing, or sealing bored geothermal heat exchangers.
(d) A person may construct, repair, and seal an elevator boring with an elevator boring contractor's license.
(e) Notwithstanding other provisions of this chapter requiring a license or registration, a license or registration is not required for a person who complies with the other provisions of this chapter if the person is:
(1) an individual who constructs a well on
land that is owned or leased by the individual and is used by the individual
for farming or agricultural purposes or as the individual's place of abode; or
(2) an individual who performs labor or
services for a contractor licensed or registered under the provisions of this chapter
in connection with the construction, sealing, or repair of a well or boring at
the direction and under the personal supervision of a contractor licensed or
registered under the provisions of this chapter; or
(3) a licensed plumber who is repairing submersible pumps or water pipes associated with well water systems if the repair location is within an area where there is no licensed or registered well contractor within 25 miles.
Sec. 2. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following definitions apply.
(b) "Dentist" means an individual who is licensed to practice dentistry.
(c) "Designated rural area"
means an area defined as a small rural area or isolated rural area according
to the four category classifications of the Rural Urban Commuting Area system
developed for the United States Health Resources and Services Administration
a city or township that is:
(1) outside the seven-county metropolitan
area as defined in section 473.121, subdivision 2; and
(2) has a population under 15,000.
(d) "Emergency circumstances" means those conditions that make it impossible for the participant to fulfill the service commitment, including death, total and permanent disability, or temporary disability lasting more than two years.
(e) "Medical resident" means an individual participating in a medical residency in family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse specialist, or physician assistant.
(g) "Nurse" means an individual who has completed training and received all licensing or certification necessary to perform duties as a licensed practical nurse or registered nurse.
(h) "Nurse-midwife" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse-midwives.
(i) "Nurse practitioner" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse practitioners.
(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
(k) "Physician" means an individual who is licensed to practice medicine in the areas of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
(l) "Physician assistant" means a person licensed under chapter 147A.
(m) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to the graduate or undergraduate education of a health care professional.
(n) "Underserved urban community" means a Minnesota urban area or population included in the list of designated primary medical care health professional shortage areas (HPSAs), medically underserved areas (MUAs), or medically underserved populations (MUPs) maintained and updated by the United States Department of Health and Human Services.
Sec. 3. Minnesota Statutes 2012, section 144.551, subdivision 1, is amended to read:
Subdivision 1. Restricted construction or modification. (a) The following construction or modification may not be commenced:
(1) any erection, building, alteration, reconstruction, modernization, improvement, extension, lease, or other acquisition by or on behalf of a hospital that increases the bed capacity of a hospital, relocates hospital beds from one physical facility, complex, or site to another, or otherwise results in an increase or redistribution of hospital beds within the state; and
(2) the establishment of a new hospital.
(b) This section does not apply to:
(1) construction or relocation within a county by a hospital, clinic, or other health care facility that is a national referral center engaged in substantial programs of patient care, medical research, and medical education meeting state and national needs that receives more than 40 percent of its patients from outside the state of Minnesota;
(2) a project for construction or modification for which a health care facility held an approved certificate of need on May 1, 1984, regardless of the date of expiration of the certificate;
(3) a project for which a certificate of need was denied before July 1, 1990, if a timely appeal results in an order reversing the denial;
(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200, section 2;
(5) a project involving consolidation of pediatric specialty hospital services within the Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number of pediatric specialty hospital beds among the hospitals being consolidated;
(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to an existing licensed hospital that will allow for the reconstruction of a new philanthropic, pediatric-orthopedic hospital on an existing site and that will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the licenses of both hospitals must be reinstated at the capacity that existed on each site before the relocation;
(7) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings provided the relocation or redistribution does not result in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from one physical site or complex to another; or (iii) redistribution of hospital beds within the state or a region of the state;
(8) relocation or redistribution of hospital beds within a hospital corporate system that involves the transfer of beds from a closed facility site or complex to an existing site or complex provided that: (i) no more than 50 percent of the capacity of the closed facility is transferred; (ii) the capacity of the site or complex to which the beds are transferred does not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal health systems agency boundary in place on July 1, 1983; and (iv) the relocation or redistribution does not involve the construction of a new hospital building;
(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice County that primarily serves adolescents and that receives more than 70 percent of its patients from outside the state of Minnesota;
(10) a project to replace a hospital or hospitals with a combined licensed capacity of 130 beds or less if: (i) the new hospital site is located within five miles of the current site; and (ii) the total licensed capacity of the replacement hospital, either at the time of construction of the initial building or as the result of future expansion, will not exceed 70 licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;
(11) the relocation of licensed hospital beds from an existing state facility operated by the commissioner of human services to a new or existing facility, building, or complex operated by the commissioner of human services; from one regional treatment center site to another; or from one building or site to a new or existing building or site on the same campus;
(12) the construction or relocation of hospital beds operated by a hospital having a statutory obligation to provide hospital and medical services for the indigent that does not result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27 beds, of which 12 serve mental health needs, may be transferred from Hennepin County Medical Center to Regions Hospital under this clause;
(13) a construction project involving the addition of up to 31 new beds in an existing nonfederal hospital in Beltrami County;
(14) a construction project involving the addition of up to eight new beds in an existing nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a construction project involving the addition of 20 new hospital beds used for rehabilitation services in an existing hospital in Carver County serving the southwest suburban metropolitan area. Beds constructed under this clause shall not be eligible for reimbursement under medical assistance, general assistance medical care, or MinnesotaCare;
(16) a project for the construction or relocation of up to 20 hospital beds for the operation of up to two psychiatric facilities or units for children provided that the operation of the facilities or units have received the approval of the commissioner of human services;
(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation services in an existing hospital in Itasca County;
(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County that closed 20 rehabilitation beds in 2002, provided that the beds are used only for rehabilitation in the hospital's current rehabilitation building. If the beds are used for another purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;
(19) a critical access hospital established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33, to the extent that the critical access hospital does not seek to exceed the maximum number of beds permitted such hospital under federal law;
(20) notwithstanding section 144.552, a project for the construction of a new hospital in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:
(i) the project, including each hospital or health system that will own or control the entity that will hold the new hospital license, is approved by a resolution of the Maple Grove City Council as of March 1, 2006;
(ii) the entity that will hold the new hospital license will be owned or controlled by one or more not-for-profit hospitals or health systems that have previously submitted a plan or plans for a project in Maple Grove as required under section 144.552, and the plan or plans have been found to be in the public interest by the commissioner of health as of April 1, 2005;
(iii) the new hospital's initial inpatient services must include, but are not limited to, medical and surgical services, obstetrical and gynecological services, intensive care services, orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health services, and emergency room services;
(iv) the new hospital:
(A) will have the ability to provide and staff sufficient new beds to meet the growing needs of the Maple Grove service area and the surrounding communities currently being served by the hospital or health system that will own or control the entity that will hold the new hospital license;
(B) will provide uncompensated care;
(C) will provide mental health services, including inpatient beds;
(D) will be a site for workforce development for a broad spectrum of health-care-related occupations and have a commitment to providing clinical training programs for physicians and other health care providers;
(E) will demonstrate a commitment to quality care and patient safety;
(F) will have an electronic medical records system, including physician order entry;
(G) will provide a broad range of senior services;
(H) will provide emergency medical services that will coordinate care with regional providers of trauma services and licensed emergency ambulance services in order to enhance the continuity of care for emergency medical patients; and
(I) will be completed by December 31, 2009, unless delayed by circumstances beyond the control of the entity holding the new hospital license; and
(v) as of 30 days following submission of a written plan, the commissioner of health has not determined that the hospitals or health systems that will own or control the entity that will hold the new hospital license are unable to meet the criteria of this clause;
(21) a project approved under section 144.553;
(22) a project for the construction of a hospital with up to 25 beds in Cass County within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder is approved by the Cass County Board;
(23)
a project for an acute care hospital in Fergus Falls that will increase the bed
capacity from 108 to 110 beds by increasing the rehabilitation bed capacity
from 14 to 16 and closing a separately licensed 13-bed skilled nursing
facility; or
(24) notwithstanding section 144.552, a
project for the construction and expansion of a specialty psychiatric hospital
in Hennepin County for up to 50 beds, exclusively for patients who are under 21
years of age on the date of admission. The
commissioner conducted a public interest review of the mental health needs of
Minnesota and the Twin Cities metropolitan area in 2008. No further public interest review shall be
conducted for the construction or expansion project under this clause; or
(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the commissioner finds the project is in the public interest after the public interest review conducted under section 144.552 is complete.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [144.9513]
HEALTHY HOUSING GRANTS.
Subdivision 1. Definitions. For purposes of this section and
sections 144.9501 to 144.9512, the following terms have the meanings given.
(a) "Housing" means a room or
group of rooms located within a dwelling forming a single habitable unit with
facilities used or intended to be used for living, sleeping, cooking, and
eating.
(b) "Healthy housing" means
housing that is sited, designed, built, renovated, and maintained in ways that
supports the health of residents.
(c) "Housing-based health
threat" means a chemical, biologic, or physical agent in the immediate
housing environment, including toxic lead, mold, radon, and indoor allergens
and contaminants in carpets, which constitutes a potential or actual hazard to
human health at acute or chronic exposure levels.
(d) "Primary prevention"
means preventing exposure to housing-based health threats before seeing
clinical symptoms or a diagnosis.
(e) "Secondary prevention"
means intervention to mitigate health effects on people with housing-based
health threats.
Subd. 2. Grants;
administration. Grant
applicants shall submit applications to the commissioner as directed by a
request for proposals. Grants must be
competitively awarded and recipients of a grant under this section must prepare
and submit a quarterly progress report to the commissioner beginning three
months after receipt of the grant. The
commissioner shall provide technical assistance and program support as needed
to ensure that housing-based health threats are effectively identified,
mitigated, and evaluated by grantees.
Subd. 3. Healthy housing and implementation grants; eligible activities. (a) Within the limits of available appropriations, the commissioner shall make grants to support implementation of healthy housing programs to local boards of health, community action agencies under section 256E.31, and nonprofit organizations with expertise in providing outreach, education, and training on healthy housing subjects and in providing comprehensive healthy housing assessments and interventions.
(b) The grantee may conduct the following activities:
(1)
implement and maintain primary prevention programs to reduce housing-based
health threats that include the following:
(i) providing education materials to the general public and to property owners, contractors, code officials, health care providers, public health professionals, health educators, nonprofit organizations, and other persons and organizations engaged in housing and health issues;
(ii) promoting awareness of community, legal, and housing resources; and
(iii) promoting the use of hazard
reduction measures in new housing construction and housing rehabilitation
programs;
(2) provide training on identifying and addressing housing-based health threats;
(3) provide technical assistance on the
implementation of mitigation measures;
(4) promote adoption of evidence-based best practices for mitigation of housing-based health threats;
(5) develop work practices for
addressing specific housing-based health threats;
(6) identify, characterize, and mitigate
hazards in housing that contribute to adverse health outcomes;
(7) ensure screening services and other
secondary prevention measures are provided to populations at high risk for
housing-related health threats;
(8) promote compliance with Department
of Health guidelines and other best practices, as identified by the
commissioner, for preventing or reducing housing-based health threats;
(9) establish local or regional
collaborative groups to ensure that resources for addressing housing-based
health threats are coordinated; or
(10) develop model programs for
addressing housing-based health threats.
Sec. 5. [144A.484]
INTEGRATED LICENSURE; HOME AND COMMUNITY-BASED SERVICES DESIGNATION.
Subdivision 1. Integrated
licensing established. (a)
From January 1, 2014, to June 30, 2015, the commissioner of health shall
enforce the home and community-based services standards under chapter 245D for
those providers who also have a home care license pursuant to this chapter as
required under Laws 2013, chapter 108, article 8, section 60, and article 11,
section 31. During this period, the
commissioner shall provide technical assistance to achieve and maintain
compliance with applicable law or rules governing the provision of home and
community-based services, including complying with the service recipient rights
notice in subdivision 4, clause (4). If
during the survey, the commissioner finds that the licensee has failed to achieve
compliance with an applicable law or rule under chapter 245D and this failure
does not imminently endanger the health, safety, or rights of the persons
served by the program, the commissioner may issue a licensing survey report
with recommendations for achieving and maintaining compliance.
(b) Beginning July 1, 2015, a home care
provider applicant or license holder may apply to the commissioner of health
for a home and community-based services designation for the provision of basic
support services identified under section 245D.03, subdivision 1, paragraph (b). The designation allows the license holder to
provide basic support services that would otherwise require licensure under
chapter 245D, under the license holder's home care license governed by sections
144A.43 to 144A.481.
Subd. 2. Application
for home and community-based services designation. An application for a home and
community-based services designation must be made on the forms and in the
manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction for completing the
application and provide information about the requirements of other state
agencies that affect the applicant. Application
for the home and community-based services designation is subject to the
requirements under section 144A.473.
Subd. 3. Home
and community-based services designation fees. A home care provider applicant or
licensee applying for the home and community-based services designation or
renewal of a home and community-based services designation must submit a fee in
the amount specified in subdivision 8.
Subd. 4. Applicability
of home and community-based services requirements. A home care provider with a home and
community-based services designation must comply with the requirements for home
care services governed by this chapter. For
the provision of basic support services, the home care provider must also
comply with the following home and community-based services licensing
requirements:
(1) service planning and delivery
requirements in section 245D.07;
(2) protection standards in section
245D.06;
(3) emergency use of manual restraints
in section 245D.061; and
(4) protection-related rights in section
245D.04, subdivision 3, paragraph (a), clauses (5), (7), (8), (12), and (13),
and paragraph (b).
A home care provider with the integrated license-home and
community-based services designation may utilize a bill of rights which
incorporates the service recipient rights in section 245D.04, subdivision 3,
paragraph (a), clauses (5), (7), (8), (12), and (13), and paragraph (b) with
the home care bill of rights in section 144A.44.
Subd. 5. Monitoring
and enforcement. (a) The
commissioner shall monitor for compliance with the home and community-based
services requirements identified in subdivision 4, in accordance with this
section and any agreements by the commissioners of health and human services.
(b) The commissioner shall enforce
compliance with applicable home and community-based services licensing
requirements as follows:
(1) the commissioner may deny a home and
community-based services designation in accordance with section 144A.473 or
144A.475; and
(2) if the commissioner finds that the
applicant or license holder has failed to comply with the applicable home and
community-based services designation requirements, the commissioner may issue:
(i) a correction order in accordance
with section 144A.474;
(ii) an order of conditional license in
accordance with section 144A.475;
(iii) a sanction in accordance with
section 144A.475; or
(iv) any combination of clauses (i) to
(iii).
Subd. 6. Appeals. A home care provider applicant that
has been denied a temporary license will also be denied their application for
the home and community-based services designation. The applicant may request reconsideration in
accordance with section 144A.473, subdivision 3. A licensed home care provider whose
application
for a home and community-based services designation has been denied or whose
designation has been suspended or revoked may appeal the denial, suspension,
revocation, or refusal to renew a home and community-based services designation
in accordance with section 144A.475. A
license holder may request reconsideration of a correction order in accordance
with section 144A.474, subdivision 12.
Subd. 7. Agreements. The commissioners of health and human
services shall enter into any agreements necessary to implement this section.
Subd. 8. Fees;
home and community-based services designation. (a) The initial fee for a home and
community-based services designation is $155.
A home care provider renewing the home and community-based services
designation must pay an annual nonrefundable fee, in addition to the annual
home care license fee, according to the following schedule and based on
revenues from the home and community-based services that require licensure
under chapter 245D during the calendar year immediately preceding the year in
which the license fee is paid:
Provider Annual Revenue from
HCBS |
HCBS
Designation |
|
|
|
|
greater than $1,500,000 |
$320
|
|
greater than $1,275,000 and no
more than $1,500,000 |
$300
|
|
greater than $1,100,000 and no
more than $1,275,000 |
$280
|
|
greater than $950,000 and no
more than $1,100,000 |
$260
|
|
greater than $850,000 and no
more than $950,000 |
$240
|
|
greater than $750,000 and no
more than $850,000 |
$220
|
|
greater than $650,000 and no
more than $750,000 |
$200
|
|
greater than $550,000 and no
more than $650,000 |
$180
|
|
greater than $450,000 and no
more than $550,000 |
$160
|
|
greater than $350,000 and no
more than $450,000 |
$140
|
|
greater than $250,000 and no
more than $350,000 |
$120
|
|
greater than $100,000 and no
more than $250,000 |
$100
|
|
greater than $50,000 and no
more than $100,000 |
$80
|
|
greater than $25,000 and no
more than $50,000 |
$60
|
|
no more than $25,000 |
$40
|
|
(b) Fees and penalties collected under
this section shall be deposited in the state treasury and credited to the state
government special revenue fund.
EFFECTIVE
DATE. Minnesota Statutes,
section 144A.484, subdivisions 2 to 8, are effective July 1, 2015.
Sec. 6. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2, is amended to read:
Subd. 2. Duties of director. The director of child sex trafficking prevention is responsible for the following:
(1) developing and providing comprehensive training on sexual exploitation of youth for social service professionals, medical professionals, public health workers, and criminal justice professionals;
(2) collecting, organizing, maintaining, and disseminating information on sexual exploitation and services across the state, including maintaining a list of resources on the Department of Health Web site;
(3) monitoring and applying for federal funding for antitrafficking efforts that may benefit victims in the state;
(4) managing grant programs established under sections 145.4716 to 145.4718;
(5)
managing the request for proposals for grants for comprehensive services,
including trauma-informed, culturally specific services;
(6) identifying best practices in serving sexually exploited youth, as defined in section 260C.007, subdivision 31;
(6) (7) providing oversight of
and technical support to regional navigators pursuant to section 145.4717;
(7) (8) conducting a
comprehensive evaluation of the statewide program for safe harbor of sexually
exploited youth; and
(8) (9) developing a policy
consistent with the requirements of chapter 13 for sharing data related to
sexually exploited youth, as defined in section 260C.007, subdivision 31, among
regional navigators and community-based advocates.
Sec. 7. [145.929]
HEALTH CARE GRANTS FOR THE UNINSURED.
Subdivision 1. Dental
providers. (a) A dental
provider is eligible for a grant under this section if:
(1) the provider is a nonprofit
organization not affiliated with a hospital or medical group that offers free
or reduced-cost oral health care to low-income patients under the age of 21
with family incomes below 275 percent of the federal poverty guidelines who do
not have insurance coverage for oral health care services;
(2) the provider is eligible for
critical access dental provider payments under section 256B.76, subdivision 4;
and
(3) more than 80 percent of the dental
provider's patient encounters per year are with patients who are uninsured or
covered by medical assistance or MinnesotaCare.
(b) Grants shall be distributed by the
commissioner of health to each eligible provider based on the proportion of
that provider's number of low-income uninsured patients under the age of 21
served in the reporting year to the total number of low-income uninsured
patients under the age of 21 served by all eligible providers, except that no
single eligible provider shall receive less than two percent or more than 30
percent of the total appropriation provided under this subdivision. If the number of eligible providers is such
that the minimum of two percent cannot be provided to each eligible provider,
the commissioner shall limit eligibility for the subsidy to the top 20 eligible
oral health providers.
Subd. 2. Community
mental health programs. A
community mental health program is eligible for a grant under this section if
it is a community mental health center established under section 245.62, or a
nonprofit community mental health clinic that is designated as an essential
community provider under section 62Q.19, and the center or clinic offers free
or reduced-cost mental health care to low-income patients under the age of 21
with family incomes below 275 percent of the federal poverty guidelines who do
not have health insurance coverage. The
grants shall be distributed by the commissioner of health to each eligible
mental health center or clinic based on the proportion of that mental health
center's or clinic's number of low-income uninsured patients under the age of
21 served in the reporting year to the total number of low-income uninsured
patients under the age of 21 served by all mental health centers and clinics
eligible for a grant under this subdivision, except that no single eligible
provider shall receive less than two percent or more than 30 percent of the
total appropriation provided under this subdivision.
Subd. 3. Emergency
medical assistance outlier grant program.
(a) The commissioner of health shall establish a grant program
for hospitals for the purpose of defraying underpayments associated with the
emergency medical assistance program. Grants
shall be made for the services provided beginning July 1, 2014, to an individual
who is enrolled in emergency medical assistance, and when an emergency medical
assistance reimbursement claim is in excess of $50,000.
(b)
Hospitals seeking a grant from this program must submit an application that
includes the number and dollar amount of hospital claims for emergency medical
assistance in excess of $50,000 to the commissioner in a form prescribed by the
commissioner. Grant payments shall be in
proportion to the total hospital emergency medical assistance claims submitted
by all applicant hospitals each state fiscal year. Claims for inpatient hospital, outpatient
services, and hospital emergency department services shall be considered when
determining the value of the grants.
Subd. 4. Grant
process. The commissioner of
health may use data submitted by organizations seeking a grant under this
section, without further verification, for purposes of determining eligibility
for a grant and allocating grant money among eligible organizations. The chief executive or chief financial
officer must certify that the data submitted is accurate and that no changes
were made in the organization's accounting and record-keeping practices or
policies for providing free or reduced-cost care to uninsured patients for the
purpose of creating eligibility or increasing the organization's allocation. The commissioner may audit or verify the data
submitted. Grant funds must be used to
defray the organization's costs of providing care and services to uninsured
patients as identified under subdivision 1, 2, or 3. An organization must not receive more than
one grant under subdivision 1, 2, or 3, even though the organization is
potentially eligible for a grant under two or more subdivisions. Organizations eligible for a grant under this
section may join together to submit a combined application provided the data
submitted is certified by each individual organization.
Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21, is amended to read:
Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for Medicare and Medicaid Services determines that a provider is designated "high-risk," the commissioner may withhold payment from providers within that category upon initial enrollment for a 90-day period. The withholding for each provider must begin on the date of the first submission of a claim.
(b) An enrolled provider that is also licensed by the commissioner under chapter 245A, or is licensed as a home care provider by the Department of Health under chapter 144A and has a home and community-based services designation on the home care license under section 144A.484, must designate an individual as the entity's compliance officer. The compliance officer must:
(1) develop policies and procedures to assure adherence to medical assistance laws and regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of the provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws and regulations;
(5) promptly report to the commissioner any identified violations of medical assistance laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance reimbursement overpayment, report the overpayment to the commissioner and make arrangements with the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a provider within a particular industry sector or category establish a compliance program that contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the enrollment of an ordering or rendering provider for a period of not more than one year, if the provider fails to maintain and, upon request from the commissioner, provide access to documentation relating to written orders or requests for payment for durable medical equipment, certifications for home health services, or referrals for other items or services written or ordered by such provider, when the commissioner has identified a pattern of a lack of documentation. A pattern means a failure to maintain documentation or provide access to documentation on more than one occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a provider under the provisions of section 256B.064.
(d) The commissioner shall terminate or deny the enrollment of any individual or entity if the individual or entity has been terminated from participation in Medicare or under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As a condition of enrollment in medical assistance, the commissioner shall require that a provider designated "moderate" or "high-risk" by the Centers for Medicare and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid Services, its agents, or its designated contractors and the state agency, its agents, or its designated contractors to conduct unannounced on-site inspections of any provider location. The commissioner shall publish in the Minnesota Health Care Program Provider Manual a list of provider types designated "limited," "moderate," or "high-risk," based on the criteria and standards used to designate Medicare providers in Code of Federal Regulations, title 42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. The commissioner's designations are not subject to administrative appeal.
(f) As a condition of enrollment in medical assistance, the commissioner shall require that a high-risk provider, or a person with a direct or indirect ownership interest in the provider of five percent or higher, consent to criminal background checks, including fingerprinting, when required to do so under state law or by a determination by the commissioner or the Centers for Medicare and Medicaid Services that a provider is designated high-risk for fraud, waste, or abuse.
(g)(1) Upon initial enrollment, reenrollment, and revalidation, all durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is annually renewed and designates the Minnesota Department of Human Services as the obligee, and must be submitted in a form approved by the commissioner.
(2) At the time of initial enrollment or reenrollment, the provider agency must purchase a performance bond of $50,000. If a revalidating provider's Medicaid revenue in the previous calendar year is up to and including $300,000, the provider agency must purchase a performance bond of $50,000. If a revalidating provider's Medicaid revenue in the previous calendar year is over $300,000, the provider agency must purchase a performance bond of $100,000. The performance bond must allow for recovery of costs and fees in pursuing a claim on the bond.
(h) The Department of Human Services may require a provider to purchase a performance surety bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the department determines there is significant evidence of or potential for fraud and abuse by the provider, or (3) the provider or category of providers is designated high-risk pursuant to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The performance bond must be in an amount of $100,000 or ten percent of the provider's payments from Medicaid during the immediately preceding 12 months, whichever is greater. The performance bond must name the Department of Human Services as an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
Sec. 9. LEGISLATIVE
HEALTH CARE WORKFORCE COMMISSION.
Subdivision 1. Legislative
oversight. The Legislative
Health Care Workforce Commission is created to study and make recommendations to the legislature on how to achieve the goal
of strengthening the workforce in health care.
Subd. 2. Membership. The Legislative Health Care Workforce
Commission consists of five members of the senate appointed by the Subcommittee
on Committees of the Committee on Rules and Administration and five members of
the house of representatives appointed by the speaker of the house. The Legislative Health Care Workforce
Commission must include three members of the majority party and two members of
the minority party in each house.
Subd. 3. Officers. The commission must elect a chair and
may elect other officers as it determines are necessary. The chair shall alternate between a member of
the senate and a member of the house of representatives in January of each
odd-numbered year.
Subd. 4. Initial
appointments and meeting. Appointing
authorities for the Legislative Health Care Workforce Commission must make
initial appointments by June 1, 2014. The
speaker of the house of representatives must designate one member of the
commission to convene the first meeting of the commission by June 15, 2014.
Subd. 5. Report
to the legislature. The
Legislative Health Care Workforce Commission must provide a preliminary report
making recommendations to the legislature by December 31, 2014. The commissioner must provide a final report
to the legislature by December 31, 2016.
The final report must:
(1) identify current and anticipated
health care workforce shortages, by both provider type and geography;
(2) evaluate the effectiveness of
incentives currently available to develop, attract, and retain a highly skilled
health care workforce;
(3)
study alternative incentives to develop, attract, and retain a highly skilled
and diverse health care workforce; and
(4) identify current causes and
potential solutions to barriers related to the primary care workforce, including,
but not limited to:
(i) training and residency shortages;
(ii) disparities in income between
primary care and other providers; and
(iii) negative perceptions of primary
care among students.
Subd. 6. Assistance
to the commission. The
commissioners of health, human services, commerce, and other state agencies
shall provide assistance and technical support to the commission at the request
of the commission. The Minnesota Medical
Association and other stakeholder groups shall also provide advice to the
commission as needed. The commission may
convene subcommittees to provide additional assistance and advice to the
commission.
Subd. 7. Commission
member expenses. Members of
the commission may receive per diem and expense reimbursement from money appropriated
for the commission in the manner and amount prescribed for per diem and expense
payments by the senate Committee on Rules and Administration and the House
Committee on Rules and Legislative Administration.
Subd. 8. Expiration. The Legislative Health Care Workforce
Commission expires on January 1, 2017.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. QUALITY
TRANSPARENCY.
(a) The commissioner of health shall
develop an implementation plan for stratifying measures based on disability,
race, ethnicity, language, and other sociodemographic factors that are
correlated with health disparities and impact performance on quality measures. The plan must be designed so that quality
measures can be stratified beginning January 1, 2017, in order to advance work
aimed at identifying and eliminating health disparities. By January 15, 2015, the commissioner shall
submit a report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction on health
and human services and finance with the plan, including an estimated budget,
timeline, and processes to be used for implementation.
(b) The commissioner of health shall
assess the risk adjustment methodology established under Minnesota Statutes,
section 62U.02, subdivision 3, for the potential for harm and unintended
consequences for patient populations who experience health disparities, and the
providers who serve them, and identify changes that may be needed to alleviate
harm and unintended consequences. By
January 15, 2016, the commissioner shall submit a report to the chairs and
ranking minority members of the senate and house of representatives committees
and divisions with jurisdiction on health and human services and finance with
the result of the assessment of the risk-adjustment methodology and any
recommended changes.
(c) The commissioner shall develop the
plan described in paragraph (a), in consultation with consumer, community and
advocacy organizations representing diverse communities; health plan companies;
providers; quality measurement organizations; and safety net providers that
primarily serve communities and patient populations with health disparities. The commissioner shall use culturally
appropriate methods of consultation and engagement with consumer and advocacy
organizations led by and representing diverse communities by race, ethnicity,
language, and sociodemographic factors.
Sec. 11. DATA
ON CHRONIC PAIN THERAPIES.
(a) The commissioner of health shall
gather the following data on the provision of chronic pain treatment procedures
by physicians, doctors of osteopathy, and certified registered nurse
anesthetists who perform these procedures:
(1) the types and number of chronic pain
management procedures performed within the last 36 months;
(2) the types of health professionals
who perform chronic pain treatment procedures and the professional licenses
they hold; and
(3) the location and type of facility
in which the chronic pain treatment procedures are performed.
(b) The commissioner shall submit a
report with the compiled data to the chairs and ranking minority members of
the house and senate committees with jurisdiction over health and human
services finance and policy by January 15, 2015.
(c) The commissioner of health may use
the data submitted under Minnesota Statutes, section 62U.04, subdivision 4,
paragraph (a), to carry out the requirements of this section.
Sec. 12. STUDY
AND REPORT ABOUT CLIENT BILLS OF RIGHTS.
The commissioner of health shall
consult with Aging Services of Minnesota, Care Providers of Minnesota,
Minnesota Home Care Association, the commissioner of human services, the Office
of the Ombudsman for Long-Term Care, and other stakeholders to evaluate and determine
how to streamline the requirements related to the clients' rights in Minnesota
Statutes, sections 144A.44, 144A.441, and 245D.04, for applicable providers,
while
assuring
and maintaining the health and safety of clients. The evaluation must consider the federal
client bill of rights requirements for Medicare-certified home care providers. The evaluation must determine if there are
duplications or conflicts of client rights, evaluate how to reduce the
complexity of the requirements related to clients' rights for providers and
consumers, determine which rights must be included in a consolidated client
bill of rights document, and develop options to inform consumers of their
rights. The commissioner shall report to
the chairs and ranking minority members of the health and human services
committees of the legislature no later than February 15, 2015, and include any
recommendations for legislative changes.
ARTICLE 24
HEALTH CARE
Section 1. Minnesota Statutes 2013 Supplement, section 16A.724, subdivision 3, is amended to read:
Subd. 3. MinnesotaCare
federal receipts. All federal
funding received by Minnesota for implementation and administration of
MinnesotaCare as a basic health program, as authorized in section 1331 of the
Affordable Care Act, Public Law 111-148, as amended by Public Law 111-152, is
dedicated to that program and shall be deposited into the health care access
fund is appropriated to the commissioner of human services to be used
only for the MinnesotaCare program under chapter 256L. Federal funding that is received for
implementing and administering MinnesotaCare as a basic health program and
deposited in the fund shall be used only for that program to purchase
health care coverage for enrollees and reduce enrollee premiums and
cost-sharing or provide additional enrollee benefits.
Sec. 2. Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision to read:
Subd. 38. Contract
to match recipient third-party liability information. The commissioner may enter into a
contract with a national organization to match recipient third-party liability
information and provide coverage and insurance primacy information to the
department at no charge to providers and the clearinghouses.
Sec. 3. Minnesota Statutes 2012, section 256.9685, subdivision 1, is amended to read:
Subdivision 1. Authority. (a) The commissioner shall establish
procedures for determining medical assistance and general assistance medical
care payment rates under a prospective payment system for inpatient
hospital services in hospitals that qualify as vendors of medical assistance. The commissioner shall establish, by rule,
procedures for implementing this section and sections 256.9686, 256.969, and
256.9695. Services must meet the
requirements of section 256B.04, subdivision 15, or 256D.03, subdivision 7,
paragraph (b), to be eligible for payment.
(b) The commissioner may reduce the types of inpatient hospital admissions that are required to be certified as medically necessary after notice in the State Register and a 30-day comment period.
Sec. 4. Minnesota Statutes 2012, section 256.9685, subdivision 1a, is amended to read:
Subd. 1a. Administrative
reconsideration. Notwithstanding sections
section 256B.04, subdivision 15, and 256D.03, subdivision 7, the
commissioner shall establish an administrative reconsideration process for
appeals of inpatient hospital services determined to be medically unnecessary. A physician or hospital may request a
reconsideration of the decision that inpatient hospital services are not
medically necessary by submitting a written request for review to the
commissioner within 30 days after receiving notice of the decision. The reconsideration process shall take place
prior to the procedures of subdivision 1b and shall be conducted by physicians
that are independent of the case under reconsideration. A majority decision by the physicians is
necessary to make a determination that the services were not medically
necessary.
Sec. 5. Minnesota Statutes 2012, section 256.9686, subdivision 2, is amended to read:
Subd. 2. Base
year. "Base year" means a
hospital's fiscal year or years that is recognized by the Medicare
program or a hospital's fiscal year specified by the commissioner if a hospital
is not required to file information by the Medicare program from which cost and
statistical data are used to establish medical assistance and general
assistance medical care payment rates.
Sec. 6. Minnesota Statutes 2012, section 256.969, subdivision 1, is amended to read:
Subdivision 1. Hospital cost index. (a) The hospital cost index shall be the change in the Consumer Price Index-All Items (United States city average) (CPI-U) forecasted by Data Resources, Inc. The commissioner shall use the indices as forecasted in the third quarter of the calendar year prior to the rate year. The hospital cost index may be used to adjust the base year operating payment rate through the rate year on an annually compounded basis.
(b) For fiscal years beginning on or after
July 1, 1993, the commissioner of human services shall not provide automatic
annual inflation adjustments for hospital payment rates under medical
assistance, nor under general assistance medical care, except that the
inflation adjustments under paragraph (a) for medical assistance, excluding
general assistance medical care, shall apply through calendar year 2001. The index for calendar year 2000 shall be
reduced 2.5 percentage points to recover overprojections of the index from 1994
to 1996. The commissioner of
management and budget shall include as a budget change request in each biennial
detailed expenditure budget submitted to the legislature under section 16A.11
annual adjustments in hospital payment rates under medical assistance and
general assistance medical care, based upon the hospital cost index.
Sec. 7. Minnesota Statutes 2012, section 256.969, subdivision 2, is amended to read:
Subd. 2. Diagnostic
categories. The commissioner shall
use to the extent possible existing diagnostic classification systems, including
such as the system used by the Medicare program all
patient-refined diagnosis-related groups (APR-DRGs) or other similar
classification programs to determine the relative values of inpatient
services and case mix indices. The
commissioner may combine diagnostic classifications into diagnostic categories
and may establish separate categories and numbers of categories based on program
eligibility or hospital peer group. Relative
values shall be recalculated recalibrated when the base year is
changed. Relative value determinations
shall include paid claims for admissions during each hospital's base year. The commissioner may extend the time
period forward to obtain sufficiently valid information to establish relative
values supplement the diagnostic classification systems data with
national averages. Relative value
determinations shall not include property cost data, Medicare crossover
data, and data on admissions that are paid a per day transfer rate under
subdivision 14. The computation of the
base year cost per admission must include identified outlier cases and their
weighted costs up to the point that they become outlier cases, but must exclude
costs recognized in outlier payments beyond that point. The commissioner may recategorize the
diagnostic classifications and recalculate recalibrate relative
values and case mix indices to reflect actual hospital practices, the specific
character of specialty hospitals, or to reduce variances within the diagnostic
categories after notice in the State Register and a 30-day comment period. The commissioner shall recategorize the
diagnostic classifications and recalculate relative values and case mix indices
based on the two-year schedule in effect prior to January 1, 2013, reflected in
subdivision 2b. The first
recategorization shall occur January 1, 2013, and shall occur every two years
after. When rates are not rebased under
subdivision 2b, the commissioner may establish relative values and case mix
indices based on charge data and may update the base year to the most recent
data available.
Sec. 8. Minnesota Statutes 2012, section 256.969, subdivision 2b, is amended to read:
Subd. 2b. Operating
Hospital payment rates. In
determining operating payment rates for admissions occurring on or after the
rate year beginning January 1, 1991, and every two years after, or more
frequently as determined by the commissioner, the commissioner shall obtain
operating data from an updated base year and
establish
operating payment rates per admission for each hospital based on the
cost-finding methods and allowable costs of the Medicare program in effect
during the base year. Rates under the
general assistance medical care, medical assistance, and MinnesotaCare programs
shall not be rebased to more current data on January 1, 1997, January 1, 2005,
for the first 24 months of the rebased period beginning January 1, 2009 (a)
For discharges occurring on or after November 1, 2014, hospital inpatient
services for hospitals located in Minnesota shall be paid according to the
following:
(1) critical access hospitals as
defined by Medicare shall be paid using a cost-based methodology;
(2) long-term hospitals as defined by
Medicare shall be paid on a per diem methodology under subdivision 25;
(3) rehabilitation hospitals or units
of hospitals that are recognized as rehabilitation distinct parts as defined by
Medicare shall be paid according to the methodology under subdivision 12; and
(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
(b) For the rebased period
beginning January 1, 2011, through October 31, 2014, rates shall not be
rebased, except that a Minnesota long-term hospital shall be rebased effective
January 1, 2011, based on its most recent Medicare cost report ending on or
before September 1, 2008, with the provisions under subdivisions 9 and 23, based
on the rates in effect on December 31, 2010.
For subsequent rate setting periods after November 1, 2014,
in which the base years are updated, a Minnesota long-term hospital's base year
shall remain within the same period as other hospitals. Effective January 1, 2013, and after,
rates shall not be rebased.
(c) Effective for discharges occurring
on and after November 1, 2014, payment rates for hospital inpatient services
provided by hospitals located in Minnesota or the local trade area, except for
the hospitals paid under the methodologies described in paragraph (a), clauses
(2) and (3), shall be rebased, incorporating cost and payment methodologies in
a manner similar to Medicare. The base
year for the rates effective November 1, 2014, shall be calendar year 2012. The rebasing under this paragraph shall be
budget neutral, ensuring that the total aggregate payments under the rebased
system are equal to the total aggregate payments that were made for the same
number and types of services in the base year. Separate budget neutrality calculations shall
be determined for payments made to critical access hospitals and payments made
to hospitals paid under the DRG system. Only
the rate increases or decreases under subdivision 3a or 3c that applied to the
hospitals being rebased during the entire base period shall be incorporated
into the budget neutrality calculation.
(d) For discharges occurring on or after November 1, 2014, through June 30, 2016, the rebased rates under paragraph (c) shall include adjustments to the projected rates that result in no greater than a five percent increase or decrease from the base year payments for any hospital. Any adjustments to the rates made by the commissioner under this paragraph and paragraph (e) shall maintain budget neutrality as described in paragraph (c).
(e) For discharges occurring on or
after November 1, 2014, through June 30, 2016, the commissioner may make
additional adjustments to the rebased rates, and when evaluating whether
additional adjustments should be made, the commissioner shall consider the
impact of the rates on the following:
(1) pediatric services;
(2) behavioral health services;
(3) trauma services as defined by the
National Uniform Billing Committee;
(4) transplant services;
(5)
obstetric services, newborn services, and behavioral health services provided
by hospitals outside the seven-county metropolitan area;
(6) outlier admissions;
(7) low-volume providers; and
(8) services provided by small rural
hospitals that are not critical access hospitals.
(f) Hospital payment rates established
under paragraph (c) must incorporate the following:
(1) for hospitals paid under the DRG
methodology, the base year operating payment rate per admission is
standardized by the case mix index and adjusted by the hospital cost index,
relative values, and disproportionate population adjustment. applicable Medicare wage index and
adjusted by the hospital's disproportionate population adjustment;
(2) for critical access hospitals,
interim per diem payment rates shall be based on the ratio of cost and charges
reported on the base year Medicare cost report or reports and applied to
medical assistance utilization data. Final
settlement payments for a state fiscal year must be determined based on a
review of the medical assistance cost report required under subdivision 4b for
the applicable state fiscal year;
(3) the cost and charge data used to
establish operating hospital payment rates shall must
only reflect inpatient services covered by medical assistance and shall not
include property cost information and costs recognized in outlier payments;
and
(4) in determining hospital payment rates for discharges occurring on or after the rate year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per discharge shall be based on the cost-finding methods and allowable costs of the Medicare program in effect during the base year or years.
(g) The commissioner shall validate the
rates effective November 1, 2014, by applying the rates established under
paragraph (c), and any adjustments made to the rates under paragraph (d) or
(e), to hospital claims paid in calendar year 2013 to determine whether the
total aggregate payments for the same number and types of services under the
rebased rates are equal to the total aggregate payments made during calendar
year 2013.
(h) Effective for discharges occurring
on or after July 1, 2017, and every two years thereafter, payment rates under
this section shall be rebased to reflect only those changes in hospital costs
between the existing base year and the next base year. The commissioner shall establish the base
year for each rebasing period considering the most recent year for which filed
Medicare cost reports are available. The
estimated change in the average payment per hospital discharge resulting from a
scheduled rebasing must be calculated and made available to the legislature by
January 15 of each year in which rebasing is scheduled to occur, and must
include by hospital the differential in payment rates compared to the
individual hospital's costs.
Sec. 9. Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision to read:
Subd. 2d. Interim
payments. Notwithstanding
subdivision 2b, paragraph (c), for discharges occurring on or after November 1,
2014, through June 30, 2015, the commissioner may implement an interim payment
process to pay hospitals, including payments based on each hospital's average
payments per claim for state fiscal years 2011 and 2012. These interim payments may be used to pay
hospitals if the rebasing under subdivision 2b, paragraph (c), is not
implemented by November 1, 2014. Claims
paid at interim payment rates shall be reprocessed and paid at the rates
established under subdivision 2b, paragraphs (c) and (d), upon implementation
of the rebased rates.
Sec. 10. Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision to read:
Subd. 2e. Report
required. (a) The
commissioner shall report to the legislature by March 1, 2015, and by March 1,
2016, on the financial impacts by hospital and policy ramifications, if any,
resulting from payment methodology changes implemented after October 31, 2014,
and before December 15, 2015.
(b) The commissioner shall report, at a
minimum, the following information:
(1) case-mix adjusted calculations of
net payment impacts for each hospital resulting from the difference between the
payments each hospital would have received under the payment methodology for
discharges before October 31, 2014, and the payments each hospital has received
or is expected to receive for the same number and types of services under the
payment methodology implemented effective November 1, 2014;
(2) any adjustments that the
commissioner made and the impacts of those adjustments for each hospital;
(3) any difference in total aggregate
payments resulting from the validation process under calendar year 2013 claims;
and
(4) recommendations for further
refinement or improvement of the hospital inpatient payment system or methodologies.
Sec. 11. Minnesota Statutes 2012, section 256.969, subdivision 3a, is amended to read:
Subd. 3a. Payments. (a) Acute care hospital billings under
the medical assistance program must not be submitted until the recipient is
discharged. However, the commissioner
shall establish monthly interim payments for inpatient hospitals that have
individual patient lengths of stay over 30 days regardless of diagnostic
category. Except as provided in section
256.9693, medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third-party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation
shall be calculated separately for medical assistance and general assistance
medical care services. The limitation on
general assistance medical care shall be effective for admissions occurring on
or after July 1, 1991. Services that
have rates established under subdivision 11 or 12, must be limited separately
from other services. After consulting
with the affected hospitals, the commissioner may consider related hospitals
one entity and may merge the payment rates while maintaining separate provider
numbers. The operating and property base
rates per admission or per day shall be derived from the best Medicare and
claims data available when rates are established. The commissioner shall determine the best
Medicare and claims data, taking into consideration variables of recency of the
data, audit disposition, settlement status, and the ability to set rates in a
timely manner. The commissioner shall
notify hospitals of payment rates by December 1 of the year preceding the
rate year 30 days prior to implementation. The rate setting data must reflect the
admissions data used to establish relative values. Base year changes from 1981 to the base
year established for the rate year beginning January 1, 1991, and for
subsequent rate years, shall not be limited to the limits ending June 30, 1987,
on the maximum rate of increase under subdivision 1. The commissioner may adjust base year cost,
relative value, and case mix index data to exclude the costs of services that
have been discontinued by the October 1 of the year preceding the rate year or
that are paid separately from inpatient services. Inpatient stays that encompass portions of
two or more rate years shall have payments established based on payment rates
in effect at the time of admission unless the date of admission preceded the
rate year in effect by six months or more.
In this case, operating payment rates for services rendered during the
rate year in effect and established based on the date of admission shall be
adjusted to the rate year in effect by the hospital cost index.
(b) For fee-for-service admissions occurring on or after July 1, 2002, the total payment, before third-party liability and spenddown, made to hospitals for inpatient services is reduced by .5 percent from the current statutory rates.
(c) In addition to the reduction in paragraph (b), the total payment for fee-for-service admissions occurring on or after July 1, 2003, made to hospitals for inpatient services before third-party liability and spenddown, is reduced five percent from the current statutory rates. Mental health services within diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph.
(d) In addition to the reduction in
paragraphs (b) and (c), the total payment for fee-for-service admissions
occurring on or after August 1, 2005, made to hospitals for inpatient services
before third-party liability and spenddown, is reduced 6.0 percent from the
current statutory rates. Mental health
services within diagnosis related groups 424 to 432 or corresponding
APR-DRGs, and facilities defined under subdivision 16 are excluded from
this paragraph. Notwithstanding
section 256.9686, subdivision 7, for purposes of this paragraph, medical
assistance does not include general assistance medical care. Payments made to managed care plans shall be
reduced for services provided on or after January 1, 2006, to reflect this
reduction.
(e) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2008, through June 30, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after January 1, 2009, through June 30, 2009, to reflect this reduction.
(f) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2009, through June 30, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after July 1, 2009, through June 30, 2011, to reflect this reduction.
(g) In addition to the reductions in paragraphs (b), (c), and (d), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis related groups 424 to 432 or corresponding APR-DRGs, and facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after July 1, 2011, to reflect this reduction.
(h) In addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total payment for fee-for-service admissions occurring on or after July 1, 2009, made to hospitals for inpatient services before third-party liability and spenddown, is reduced one percent from the current statutory rates. Facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after October 1, 2009, to reflect this reduction.
(i) In addition to the reductions in paragraphs (b), (c), (d), (g), and (h), the total payment for fee-for-service admissions occurring on or after July 1, 2011, made to hospitals for inpatient services before third-party liability and spenddown, is reduced 1.96 percent from the current statutory rates. Facilities defined under subdivision 16 are excluded from this paragraph. Payments made to managed care plans shall be reduced for services provided on or after January 1, 2011, to reflect this reduction.
(j)
Effective for discharges on and after November 1, 2014, from hospitals paid
under subdivision 2b, paragraph (a), clauses (1) and (4), the rate adjustments
in this subdivision must be incorporated into the rebased rates established
under subdivision 2b, paragraph (c), and must not be applied to each claim.
Sec. 12. Minnesota Statutes 2012, section 256.969, subdivision 3b, is amended to read:
Subd. 3b. Nonpayment
for hospital-acquired conditions and for certain treatments. (a) The commissioner must not make
medical assistance payments to a hospital for any costs of care that result
from a condition listed identified in paragraph (c), if the
condition was hospital acquired.
(b) For purposes of this subdivision, a
condition is hospital acquired if it is not identified by the hospital as
present on admission. For purposes of
this subdivision, medical assistance includes general assistance medical
care and MinnesotaCare.
(c) The prohibition in paragraph (a)
applies to payment for each hospital-acquired condition listed in this
paragraph that is identified in this paragraph that is represented
by an ICD-9-CM or ICD-10-CM diagnosis code and is designated as a
complicating condition or a major complicating condition:
(1) foreign object retained after
surgery (ICD-9-CM codes 998.4 or 998.7);
(2) air embolism (ICD-9-CM code 999.1);
(3) blood incompatibility (ICD-9-CM
code 999.6);
(4) pressure ulcers stage III or IV
(ICD-9-CM codes 707.23 or 707.24);
(5) falls and trauma, including fracture,
dislocation, intracranial injury, crushing injury, burn, and electric shock
(ICD-9-CM codes with these ranges on the complicating condition and major
complicating condition list: 800-829;
830-839; 850-854; 925-929; 940-949; and 991-994);
(6) catheter-associated urinary tract
infection (ICD-9-CM code 996.64);
(7) vascular catheter-associated
infection (ICD-9-CM code 999.31);
(8) manifestations of poor glycemic
control (ICD-9-CM codes 249.10; 249.11; 249.20; 249.21; 250.10; 250.11; 250.12;
250.13; 250.20; 250.21; 250.22; 250.23; and 251.0);
(9) surgical site infection (ICD-9-CM
codes 996.67 or 998.59) following certain orthopedic procedures (procedure
codes 81.01; 81.02; 81.03; 81.04; 81.05; 81.06; 81.07; 81.08; 81.23; 81.24;
81.31; 81.32; 81.33; 81.34; 81.35; 81.36; 81.37; 81.38; 81.83; and 81.85);
(10) surgical site infection (ICD-9-CM
code 998.59) following bariatric surgery (procedure codes 44.38; 44.39; or
44.95) for a principal diagnosis of morbid obesity (ICD-9-CM code 278.01);
(11) surgical site infection,
mediastinitis (ICD-9-CM code 519.2) following coronary artery bypass graft
(procedure codes 36.10 to 36.19); and
(12) deep vein thrombosis (ICD-9-CM
codes 453.40 to 453.42) or pulmonary embolism (ICD-9-CM codes 415.11 or 415.19)
following total knee replacement (procedure code 81.54) or hip replacement
(procedure codes 00.85 to 00.87 or 81.51 to 81.52). The list of conditions shall be the
hospital-acquired conditions (HAC) list defined by the Centers for Medicare and
Medicaid Services on an annual basis.
(d)
The prohibition in paragraph (a) applies to any additional payments that result
from a hospital-acquired condition listed identified in paragraph
(c), including, but not limited to, additional treatment or procedures,
readmission to the facility after discharge, increased length of stay, change
to a higher diagnostic category, or transfer to another hospital. In the event of a transfer to another
hospital, the hospital where the condition listed identified
under paragraph (c) was acquired is responsible for any costs incurred at the
hospital to which the patient is transferred.
(e) A hospital shall not bill a recipient of services for any payment disallowed under this subdivision.
Sec. 13. Minnesota Statutes 2012, section 256.969, subdivision 3c, is amended to read:
Subd. 3c. Rateable
reduction and readmissions reduction. (a)
The total payment for fee for service admissions occurring on or after
September 1, 2011, through June 30, 2015 to October 31, 2014,
made to hospitals for inpatient services before third-party liability and
spenddown, is reduced ten percent from the current statutory rates. Facilities defined under subdivision 16,
long-term hospitals as determined under the Medicare program, children's
hospitals whose inpatients are predominantly under 18 years of age, and
payments under managed care are excluded from this paragraph.
(b) Effective for admissions occurring
during calendar year 2010 and each year after, the commissioner shall calculate
a regional readmission rate for admissions to all hospitals occurring
within 30 days of a previous discharge using data from the Reducing
Avoidable Readmissions Effectively (RARE) campaign. The commissioner may adjust the readmission
rate taking into account factors such as the medical relationship, complicating
conditions, and sequencing of treatment between the initial admission and
subsequent readmissions.
(c) Effective for payments to all
hospitals on or after July 1, 2013, through June 30, 2015 October 31,
2014, the reduction in paragraph (a) is reduced one percentage point for
every percentage point reduction in the overall readmissions rate between the
two previous calendar years to a maximum of five percent.
(d) The exclusion from the rate
reduction in paragraph (a) shall apply to a hospital located in Hennepin County
with a licensed capacity of 1,700 beds as of September 1, 2011, for admissions
of children under 18 years of age occurring on or after September 1, 2011,
through August 31, 2013, but shall not apply to payments for admissions
occurring on or after September 1, 2013, through October 31, 2014.
(e) Effective for discharges on or
after November 1, 2014, from hospitals paid under subdivision 2b, paragraph
(a), clauses (1) and (4), the rate adjustments in this subdivision must be
incorporated into the rebased rates established under subdivision 2b, paragraph
(c), and must not be applied to each claim.
EFFECTIVE
DATE. Paragraph (d) is
effective retroactively from September 1, 2011, and applies to admissions on or
after that date.
Sec. 14. Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision to read:
Subd. 4b. Medical
assistance cost reports for services.
(a) A hospital that meets one of the following criteria must
annually submit to the commissioner medical assistance cost reports within six
months of the end of the hospital's fiscal year:
(1) a hospital designated as a critical
access hospital that receives medical assistance payments; or
(2) a Minnesota hospital or out-of-state
hospital located within a Minnesota local trade area that receives a
disproportionate population adjustment under subdivision 9.
For
purposes of this subdivision, local trade area has the meaning given in
subdivision 17.
(b) The commissioner shall suspend
payments to any hospital that fails to submit a report required under this
subdivision. Payments must remain
suspended until the report has been filed with and accepted by the
commissioner.
Sec. 15. Minnesota Statutes 2012, section 256.969, subdivision 6a, is amended to read:
Subd. 6a. Special
considerations. In determining the
payment rates, the commissioner shall consider whether the circumstances in
subdivisions 7 8 to 14 exist.
Sec. 16. Minnesota Statutes 2012, section 256.969, subdivision 8, is amended to read:
Subd. 8. Unusual
length of stay experience. (a)
The commissioner shall establish day outlier thresholds for each diagnostic
category established under subdivision 2 at two standard deviations beyond the
mean length of stay. Payment for the
days beyond the outlier threshold shall be in addition to the operating and
property payment rates per admission established under subdivisions 2, and
2b, and 2c. Payment for outliers
shall be at 70 percent of the allowable operating cost, after adjustment by the
case mix index, hospital cost index, relative values and the disproportionate
population adjustment. The outlier
threshold for neonatal and burn diagnostic categories shall be established at
one standard deviation beyond the mean length of stay, and payment shall be at
90 percent of allowable operating cost calculated in the same manner as other
outliers. A hospital may choose an
alternative to the 70 percent outlier payment that is at a minimum of 60
percent and a maximum of 80 percent if the commissioner is notified in writing
of the request by October 1 of the year preceding the rate year. The chosen percentage applies to all
diagnostic categories except burns and neonates. The percentage of allowable cost that is
unrecognized by the outlier payment shall be added back to the base year
operating payment rate per admission.
(b) Effective for transfers occurring on
and after November 1, 2014, the commissioner shall establish payment rates for
acute transfers that are based on Medicare methodologies.
Sec. 17. Minnesota Statutes 2012, section 256.969, subdivision 8a, is amended to read:
Subd. 8a. Short
length of stay Neonatal admissions.
Except as provided in subdivision 13, for admissions occurring on
or after July 1, 1995, payment shall be determined as follows and shall be
included in the base year for rate setting purposes:
(1) for an admission that is categorized
to a neonatal diagnostic related group in which the length of stay is less than
50 percent of the average length of stay for the category in the base year and
the patient at admission is equal to or greater than the age of one, payments
shall be established according to the methods of subdivision 14;
(2) For an admission that is
categorized to a diagnostic category that includes neonatal respiratory
distress syndrome, the hospital must have a level II or level III nursery and
the patient must receive treatment in that unit or payment will be made without
regard to the syndrome condition.
EFFECTIVE
DATE. This section is
effective November 1, 2014.
Sec. 18. Minnesota Statutes 2012, section 256.969, is amended by adding a subdivision to read:
Subd. 8c. Hospital
residents. For discharges
occurring on or after November 1, 2014, payments for hospital residents shall
be made as follows:
(1) payments for the first 180 days of
inpatient care shall be the APR-DRG system plus any outliers; and
(2) payment for all medically necessary
patient care subsequent to the first 180 days shall be reimbursed at a rate
computed by multiplying the statewide average cost-to-charge ratio by the usual
and customary charges.
Sec. 19. Minnesota Statutes 2012, section 256.969, subdivision 9, is amended to read:
Subd. 9. Disproportionate numbers of low-income patients served. (a) For admissions occurring on or after October 1, 1992, through December 31, 1992, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance inpatient utilization rate above the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service but less than or equal to one standard deviation above the mean, the adjustment must be determined by multiplying the total of the operating and property payment rates by the difference between the hospital's actual medical assistance inpatient utilization rate and the arithmetic mean for all hospitals excluding regional treatment centers and facilities of the federal Indian Health Service; and
(2) for a hospital with a medical assistance
inpatient utilization rate above one standard deviation above the mean, the
adjustment must be determined by multiplying the adjustment that would be
determined under clause (1) for that hospital by 1.1. If federal matching funds are not available
for all adjustments under this subdivision, the commissioner shall reduce
payments on a pro rata basis so that all adjustments qualify for federal match. The commissioner may establish a separate
disproportionate population operating payment rate adjustment under the general
assistance medical care program. For
purposes of this subdivision medical assistance does not include general
assistance medical care. The
commissioner shall report annually on the number of hospitals likely to receive
the adjustment authorized by this paragraph.
The commissioner shall specifically report on the adjustments received
by public hospitals and public hospital corporations located in cities of the
first class.
(b) For admissions occurring on or after July 1, 1993, the medical assistance disproportionate population adjustment shall comply with federal law and shall be paid to a hospital, excluding regional treatment centers and facilities of the federal Indian Health Service, with a medical assistance inpatient utilization rate in excess of the arithmetic mean. The adjustment must be determined as follows:
(1) for a hospital with a medical assistance
inpatient utilization rate above the arithmetic mean for all hospitals
excluding regional treatment centers and facilities of the federal Indian
Health Service but less than or equal to one standard deviation above the mean,
the adjustment must be determined by multiplying the total of the operating and
property payment rates by the difference between the hospital's actual medical
assistance inpatient utilization rate and the arithmetic mean for all hospitals
excluding regional treatment centers and facilities of the federal Indian
Health Service; and
(2) for a hospital with a medical assistance
inpatient utilization rate above one standard deviation above the mean, the
adjustment must be determined by multiplying the adjustment that would be
determined under clause (1) for that hospital by 1.1. The commissioner may establish a separate
disproportionate population operating payment rate adjustment under
the general assistance medical care program.
For purposes of this subdivision, medical assistance does not include
general assistance medical care for critical access hospitals. The commissioner shall report annually on the
number of hospitals likely to receive the adjustment authorized by this
paragraph. The commissioner shall
specifically report on the adjustments received by public hospitals and public
hospital corporations located in cities of the first class;.
(3) for a hospital that had medical
assistance fee-for-service payment volume during calendar year 1991 in excess
of 13 percent of total medical assistance fee-for-service payment volume, a
medical assistance disproportionate population adjustment shall be paid in
addition to any other disproportionate payment due under this subdivision as
follows: $1,515,000 due on the 15th of
each month after noon, beginning July 15, 1995.
For a hospital that had medical assistance fee-for-service payment
volume during calendar year 1991 in excess of eight
percent
of total medical assistance fee-for-service payment volume and was the primary
hospital affiliated with the University of Minnesota, a medical assistance
disproportionate population adjustment shall be paid in addition to any other
disproportionate payment due under this subdivision as follows: $505,000 due on the 15th of each month after
noon, beginning July 15, 1995; and
(4) effective August 1, 2005, the
payments in paragraph (b), clause (3), shall be reduced to zero.
(c) The commissioner shall adjust rates
paid to a health maintenance organization under contract with the commissioner
to reflect rate increases provided in paragraph (b), clauses (1) and (2), on a
nondiscounted hospital-specific basis but shall not adjust those rates to
reflect payments provided in clause (3).
(d) If federal matching funds are not
available for all adjustments under paragraph (b), the commissioner shall
reduce payments under paragraph (b), clauses (1) and (2), on a pro rata basis
so that all adjustments under paragraph (b) qualify for federal match.
(e) For purposes of this subdivision,
medical assistance does not include general assistance medical care.
(f) For hospital services occurring on or
after July 1, 2005, to June 30, 2007:
(1) general assistance medical care
expenditures for fee-for-service inpatient and outpatient hospital payments
made by the department shall be considered Medicaid disproportionate share
hospital payments, except as limited below:
(i) only the portion of Minnesota's
disproportionate share hospital allotment under section 1923(f) of the Social
Security Act that is not spent on the disproportionate population adjustments
in paragraph (b), clauses (1) and (2), may be used for general assistance
medical care expenditures;
(ii) only those general assistance
medical care expenditures made to hospitals that qualify for disproportionate
share payments under section 1923 of the Social Security Act and the Medicaid
state plan may be considered disproportionate share hospital payments;
(iii) only those general assistance
medical care expenditures made to an individual hospital that would not cause the hospital to exceed its individual hospital
limits under section 1923 of the Social Security Act may be considered; and
(iv) general assistance medical care
expenditures may be considered only to the extent of Minnesota's aggregate
allotment under section 1923 of the Social Security Act.
All hospitals and prepaid health plans participating in
general assistance medical care must provide any necessary expenditure, cost,
and revenue information required by the commissioner as necessary for purposes
of obtaining federal Medicaid matching funds for general assistance medical
care expenditures; and
(2) (c) Certified public
expenditures made by Hennepin County Medical Center shall be considered
Medicaid disproportionate share hospital payments. Hennepin County and Hennepin County Medical
Center shall report by June 15, 2007, on payments made beginning July 1, 2005,
or another date specified by the commissioner, that may qualify for
reimbursement under federal law. Based
on these reports, the commissioner shall apply for federal matching funds.
(g) (d) Upon federal approval
of the related state plan amendment, paragraph (f) (c) is
effective retroactively from July 1, 2005, or the earliest effective date
approved by the Centers for Medicare and Medicaid Services.
Sec. 20. Minnesota Statutes 2012, section 256.969, subdivision 10, is amended to read:
Subd. 10. Separate
billing by certified registered nurse anesthetists. Hospitals may must exclude
certified registered nurse anesthetist costs from the operating payment rate as
allowed by section 256B.0625, subdivision 11.
To be eligible, a hospital must notify the commissioner in writing by
October 1 of even-numbered years to exclude certified registered nurse
anesthetist costs. The hospital must
agree that all hospital claims for the cost and charges of certified registered
nurse anesthetist services will not be included as part of the rates for
inpatient services provided during the rate year. In this case, the operating payment rate
shall be adjusted to exclude the cost of certified registered nurse anesthetist
services.
For admissions occurring on or after
July 1, 1991, and until the expiration date of section 256.9695, subdivision 3,
services of certified registered nurse anesthetists provided on an inpatient
basis may be paid as allowed by section 256B.0625, subdivision 11, when the
hospital's base year did not include the cost of these services. To be eligible, a hospital must notify the
commissioner in writing by July 1, 1991, of the request and must comply with
all other requirements of this subdivision.
Sec. 21. Minnesota Statutes 2012, section 256.969, subdivision 12, is amended to read:
Subd. 12. Rehabilitation
hospitals and distinct parts. (a)
Units of hospitals that are recognized as rehabilitation distinct parts by the
Medicare program shall have separate provider numbers under the medical
assistance program for rate establishment and billing purposes only. These units shall also have operating and
property payment rates and the disproportionate population adjustment, if
allowed by federal law, established separately from other inpatient hospital
services.
(b) The commissioner may shall
establish separate relative values under subdivision 2 for rehabilitation
hospitals and distinct parts as defined by the Medicare program. Effective for discharges occurring on and
after November 1, 2014, the commissioner, to the extent possible, shall
replicate the existing payment rate methodology under the new diagnostic
classification system. The result must
be budget neutral, ensuring that the total aggregate payments under the new
system are equal to the total aggregate payments made for the same number and
types of services in the base year, calendar year 2012.
(c) For individual hospitals that did not have separate medical assistance rehabilitation provider numbers or rehabilitation distinct parts in the base year, hospitals shall provide the information needed to separate rehabilitation distinct part cost and claims data from other inpatient service data.
Sec. 22. Minnesota Statutes 2012, section 256.969, subdivision 14, is amended to read:
Subd. 14. Transfers. Except as provided in subdivisions 11
and 13, (a) Operating and property payment rates for admissions that
result in transfers and transfers shall be established on a per day payment
system. The per day payment rate shall
be the sum of the adjusted operating and property payment rates determined
under this subdivision and subdivisions 2, 2b, 2c, 3a, 4a, 5a, and 7
8 to 12, divided by the arithmetic mean length of stay for the
diagnostic category. Each admission that
results in a transfer and each transfer is considered a separate admission to
each hospital, and the total of the admission and transfer payments to each
hospital must not exceed the total per admission payment that would otherwise be
made to each hospital under this subdivision and subdivisions 2, 2b, 2c,
3a, 4a, 5a, and 7 to 13 8 to 12.
(b) Effective for transfers occurring
on and after November 1, 2014, the commissioner shall establish payment rates
for acute transfers that are based on Medicare methodologies.
Sec. 23. Minnesota Statutes 2012, section 256.969, subdivision 17, is amended to read:
Subd. 17. Out-of-state
hospitals in local trade areas. Out-of-state
hospitals that are located within a Minnesota local trade area and that have
more than 20 admissions in the base year or years shall have rates
established using the same procedures and methods that apply to Minnesota
hospitals. For this subdivision and
subdivision 18, local trade area means a county contiguous to Minnesota and
located in a metropolitan statistical area as determined by Medicare for
October 1 prior to the most current rebased rate year. Hospitals that are not required by law to
file information in a format necessary to establish rates shall have rates established
based on the commissioner's estimates of the information. Relative values of the diagnostic categories
shall not be redetermined under this subdivision until required by rule statute. Hospitals affected by this subdivision shall
then be included in determining relative values. However, hospitals that have rates
established based upon the commissioner's estimates of information shall not be
included in determining relative values.
This subdivision is effective for hospital fiscal years beginning on or
after July 1, 1988. A hospital shall
provide the information necessary to establish rates under this subdivision at
least 90 days before the start of the hospital's fiscal year.
Sec. 24. Minnesota Statutes 2012, section 256.969, subdivision 18, is amended to read:
Subd. 18. Out-of-state
hospitals outside local trade areas. Hospitals
that are not located within Minnesota or a Minnesota local trade area shall
have operating and property inpatient hospital rates established
at the average of statewide and local trade area rates or, at the
commissioner's discretion, at an amount negotiated by the commissioner. Relative values shall not include data from
hospitals that have rates established under this subdivision. Payments, including third-party and recipient
liability, established under this subdivision may not exceed the charges on a
claim specific basis for inpatient services that are covered by medical
assistance.
Sec. 25. Minnesota Statutes 2012, section 256.969, subdivision 25, is amended to read:
Subd. 25. Long-term
hospital rates. (a) Long-term
hospitals shall be paid on a per diem basis.
(b) For admissions occurring on or after April 1, 1995, a long-term hospital as designated by Medicare that does not have admissions in the base year shall have inpatient rates established at the average of other hospitals with the same designation. For subsequent rate-setting periods in which base years are updated, the hospital's base year shall be the first Medicare cost report filed with the long-term hospital designation and shall remain in effect until it falls within the same period as other hospitals.
Sec. 26. Minnesota Statutes 2012, section 256.969, subdivision 30, is amended to read:
Subd. 30. Payment
rates for births. (a) For admissions
occurring on or after October 1, 2009 November 1, 2014, the total
operating and property payment rate, excluding disproportionate population
adjustment, for the following diagnosis-related groups, as they fall within the
diagnostic APR-DRG categories:
(1) 371 cesarean section without complicating diagnosis 5601,
5602, 5603, 5604 vaginal delivery; and (2) 372 vaginal delivery
with complicating diagnosis; and (3) 373 vaginal delivery without complicating
diagnosis 5401, 5402, 5403, 5404 cesarean section, shall be no
greater than $3,528.
(b) The rates described in this subdivision do not include newborn care.
(c) Payments to managed care and county-based purchasing plans under section 256B.69, 256B.692, or 256L.12 shall be reduced for services provided on or after October 1, 2009, to reflect the adjustments in paragraph (a).
(d) Prior authorization shall not be required before reimbursement is paid for a cesarean section delivery.
Sec. 27. Minnesota Statutes 2012, section 256B.04, is amended by adding a subdivision to read:
Subd. 24. Medicaid
waiver requests and state plan amendments.
Prior to submitting any Medicaid waiver request or Medicaid state
plan amendment to the federal government for approval, the commissioner shall
publish the text of the waiver request or state plan amendment, and a summary
of and explanation of the need for the request, on the agency's Web site and
provide a 30-day public comment period. The
commissioner shall notify the public of the availability of this information
through the agency's electronic subscription service. The commissioner shall consider public
comments when preparing the final waiver request or state plan amendment that
is to be submitted to the federal government for approval. The commissioner shall also publish on the
agency's Web site notice of any federal decision related to the state request
for approval, within 30 days of the decision.
This notice must describe any modifications to the state request that
have been agreed to by the commissioner as a condition of receiving federal
approval.
Sec. 28. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 17, is amended to read:
Subd. 17. Transportation
costs. (a) "Nonemergency
medical transportation service" means motor vehicle transportation
provided by a public or private person that serves Minnesota health care
program beneficiaries who do not require emergency ambulance service, as
defined in section 144E.001, subdivision 3, to obtain covered medical services. Nonemergency medical transportation service
includes, but is not limited to, special transportation service, defined in
section 174.29, subdivision 1.
(a) (b) Medical assistance
covers medical transportation costs incurred solely for obtaining emergency
medical care or transportation costs incurred by eligible persons in obtaining
emergency or nonemergency medical care when paid directly to an ambulance company,
common carrier, or other recognized providers of transportation services. Medical transportation must be provided by:
(1) an ambulance nonemergency
medical transportation providers who meet the requirements of this subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(2) special transportation; or
(3) common carrier including, but not
limited to, bus, taxicab, other commercial carrier, or private automobile taxicabs
and public transit, as defined in section 174.22, subdivision 7; or
(4) not-for-hire vehicles, including volunteer drivers.
(b) (c) Medical assistance
covers special transportation, as defined in Minnesota Rules, part
9505.0315, subpart 1, item F, if the recipient has a physical or mental
impairment that would prohibit the recipient from safely accessing and using a
bus, taxi, other commercial transportation, or private automobile. nonemergency medical transportation
provided by nonemergency medical transportation providers enrolled in the
Minnesota health care programs. All
nonemergency medical transportation providers must comply with the operating
standards for special transportation service as defined in sections 174.29 to
174.30 and Minnesota Rules, chapter 8840, and in consultation with the
Minnesota Department of Transportation. All
nonemergency medical transportation providers shall bill for nonemergency
medical transportation services in accordance with Minnesota health care
programs criteria. Publicly operated
transit systems, volunteers, and not-for-hire vehicles are exempt from the
requirements outlined in this paragraph.
(d)
The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by
the commissioner in consultation with the Nonemergency Medical Transportation
Advisory Committee;
(2) pay nonemergency medical
transportation providers for services provided to Minnesota health care
programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the
commissioner on appeals, complaints, no-shows, canceled trips, and number of
trips by mode; and
(4) by July 1, 2016, in accordance with
subdivision 18e, utilize a Web-based single administrative structure assessment
tool that meets the technical requirements established by the commissioner,
reconciles trip information with claims being submitted by providers, and
ensures prompt payment for nonemergency medical transportation services.
(e) Until the commissioner implements the
single administrative structure and delivery system under subdivision 18e,
clients shall obtain their level-of-service certificate from the commissioner
or an entity approved by the commissioner that does not dispatch rides for
clients using modes under paragraph (h), clauses (4), (5), (6), and (7).
(f) The commissioner may use an order
by the recipient's attending physician or a medical or mental health
professional to certify that the recipient requires special
transportation services nonemergency medical transportation services. Special Nonemergency medical
transportation providers shall perform driver-assisted services for eligible
individuals, when appropriate. Driver-assisted
service includes passenger pickup at and return to the individual's residence
or place of business, assistance with admittance of the individual to the
medical facility, and assistance in passenger securement or in securing of
wheelchairs or stretchers in the vehicle.
Special Nonemergency medical transportation providers must
obtain written documentation from the health care service provider who is
serving the recipient being transported, identifying the time that the
recipient arrived. Special have
trip logs, which include pickup and drop-off times, signed by the medical
provider or client attesting mileage traveled to obtain covered medical
services, whichever is deemed most appropriate.
Nonemergency medical transportation providers may not bill for
separate base rates for the continuation of a trip beyond the original
destination. Special Nonemergency
medical transportation providers must take recipients clients
to the health care provider, using the most direct route, and must not exceed
30 miles for a trip to a primary care provider or 60 miles for a trip to a
specialty care provider, unless the recipient client receives authorization
from the local agency. The minimum
medical assistance reimbursement rates for special transportation services are:
(1)(i) $17 for the base rate and $1.35 per mile for special transportation services to eligible persons who need a wheelchair-accessible van;
(ii) $11.50 for the base rate and $1.30 per mile for special transportation services to eligible persons who do not need a wheelchair-accessible van; and
(iii) $60 for the base rate and $2.40 per
mile, and an attendant rate of $9 per trip, for special transportation services
to eligible persons who need a stretcher-accessible vehicle; and
(2) clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain
covered medical services.
(g) The covered modes of nonemergency
medical transportation include transportation provided directly by clients or
family members of clients with their own transportation, volunteers using their
own vehicles, taxicabs, and public transit, or provided to a client who needs a
stretcher-accessible vehicle, a lift/ramp equipped vehicle, or a
vehicle
that is not stretcher-accessible or lift/ramp equipped designed to transport
ten or fewer persons. Upon
implementation of a new rate structure, a new covered mode of nonemergency
medical transportation shall include transportation provided to a client who
needs a protected vehicle that is not an ambulance or police car and has safety locks, a video recorder, and a transparent
thermoplastic partition between the passenger and the vehicle driver.
(h) The administrative agency shall use
the level of service process established by the commissioner in consultation
with the Nonemergency Medical Transportation Advisory Committee to determine
the client's most appropriate mode of transportation. If public transit or a certified
transportation provider is not available to provide the appropriate service
mode for the client, the client may receive a onetime service upgrade. The new modes of transportation, which may
not be implemented without a new rate structure, are:
(1) client reimbursement, which
includes client mileage reimbursement provided to clients who have their own
transportation or family who provides transportation to the client;
(2) volunteer transport, which includes
transportation by volunteers using their own vehicle;
(3) unassisted transport, which
includes transportation provided to a client by a taxicab or public transit. If a taxicab or publicly operated transit
system is not available, the client can receive transportation from another
nonemergency medical transportation provider;
(4) assisted transport, which includes
transport provided to clients who require assistance by a nonemergency medical
transportation provider;
(5) lift-equipped/ramp transport, which
includes transport provided to a client who is dependent on a device and
requires a nonemergency medical transportation provider with a vehicle
containing a lift or ramp;
(6) protected transport, which includes
transport to a client who has received a prescreening that has deemed other forms of transportation inappropriate and
who requires a provider certified as a protected transport provider; and
(7) stretcher transport, which includes
transport for a client in a prone or supine position and requires a
nonemergency medical transportation provider with a vehicle that can transport
a client in a prone or supine position.
(i) In accordance with subdivision 18e,
by July 1, 2016, the local agency shall be the single administrative agency and
shall administer and reimburse for modes defined in paragraph (h) according to
a new rate structure, once this is adopted.
(j) The commissioner shall:
(1) in consultation with the
Nonemergency Medical Transportation Advisory Committee, verify that the mode
and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to
an approved medical appointment; and
(3) investigate all complaints and
appeals.
(k) The administrative agency shall pay
for the services provided in this subdivision and seek reimbursement from the
commissioner, if appropriate. As vendors
of medical care, local agencies are subject to the provisions in section
256B.041, the sanctions and monetary recovery actions in section 256B.064, and
Minnesota Rules parts 9505.2160 to 9505.2245.
(l)
The base rates for special transportation services in areas defined under RUCA
to be super rural shall be equal to the reimbursement rate established in paragraph
(f), clause (1), plus 11.3 percent;, and
(3) for special transportation
services in areas defined under RUCA to be rural or super rural areas:
(i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 125 percent of the respective mileage rate in paragraph (f), clause (1); and
(ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to 112.5 percent of the respective mileage rate in paragraph (f), clause (1).
(c) (m) For purposes of
reimbursement rates for special transportation services under paragraph (b),
the zip code of the recipient's place of
residence shall determine whether the urban, rural, or super rural
reimbursement rate applies.
(d) (n) For purposes of this
subdivision, "rural urban commuting area" or "RUCA" means a
census-tract based classification system under which a geographical area is
determined to be urban, rural, or super rural.
(e) (o) Effective for
services provided on or after September 1, 2011, nonemergency transportation
rates, including special transportation, taxi, and other commercial carriers,
are reduced 4.5 percent. Payments made
to managed care plans and county-based purchasing plans must be reduced for
services provided on or after January 1, 2012, to reflect this reduction.
Sec. 29. Minnesota Statutes 2012, section 256B.0625, subdivision 18b, is amended to read:
Subd. 18b. Broker dispatching prohibition. Except for establishing level of service process, the commissioner shall not use a broker or coordinator for any purpose related to nonemergency medical transportation services under subdivision 18.
Sec. 30. Minnesota Statutes 2012, section 256B.0625, subdivision 18c, is amended to read:
Subd. 18c. Nonemergency Medical Transportation Advisory Committee. (a) The Nonemergency Medical Transportation Advisory Committee shall advise the commissioner on the administration of nonemergency medical transportation covered under medical assistance. The advisory committee shall meet at least quarterly the first year following January 1, 2015, and at least biannually thereafter and may meet more frequently as required by the commissioner. The advisory committee shall annually elect a chair from among its members, who shall work with the commissioner or the commissioner's designee to establish the agenda for each meeting. The commissioner, or the commissioner's designee, shall attend all advisory committee meetings.
(b) The Nonemergency Medical Transportation Advisory Committee shall advise and make recommendations to the commissioner on:
(1) the development of, and periodic
updates to, a the nonemergency medical transportation policy
manual for nonemergency medical transportation services;
(2) policies and a funding source for
reimbursing no-load miles;
(3) policies to prevent waste, fraud,
and abuse, and to improve the efficiency of the nonemergency medical
transportation system;
(4) other issues identified in the 2011
evaluation report by the Office of the Legislative Auditor on medical
nonemergency transportation; and
(5) (2) other aspects of the nonemergency
medical transportation system, as requested by the commissioner.; and
(3) other aspects of the nonemergency
medical transportation system, as requested by:
(i) a committee member, who may request
an item to be placed on the agenda for a future meeting. The request may be considered by the
committee and voted upon. If the motion
carries, the meeting agenda item may be developed for presentation to the
committee; and
(ii) a member of the public, who may
approach the committee by letter or e-mail requesting that an item be placed on
a future meeting agenda. The request may
be considered by the committee and voted upon.
If the motion carries, the agenda item may be developed for presentation
to the committee.
(c) The Nonemergency Medical Transportation Advisory Committee shall coordinate its activities with the Minnesota Council on Transportation Access established under section 174.285. The chair of the advisory committee, or the chair's designee, shall attend all meetings of the Minnesota Council on Transportation Access.
(d) The Nonemergency Medical
Transportation Advisory Committee shall expire December 1, 2014 2019.
Sec. 31. Minnesota Statutes 2012, section 256B.0625, subdivision 18d, is amended to read:
Subd. 18d. Advisory committee members. (a) The Nonemergency Medical Transportation Advisory Committee consists of:
(1) two voting members who represent
counties, at least one of whom must represent a county or counties other than
Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington, and Wright four voting members who represent counties,
utilizing the rural urban commuting area classification system. As defined in subdivision 17, these members
shall be designated as follows:
(i) two counties within the 11-county
metropolitan area;
(ii) one county representing the rural
area of the state; and
(iii) one county representing the super
rural area of the state.
The Association of Minnesota Counties shall appoint one county within the 11-county metropolitan area and one county representing the super rural area of the state. The Minnesota Inter-County Association shall appoint one county within the 11-county metropolitan area and one county representing the rural area of the state;
(2) four three voting
members who represent medical assistance recipients, including persons with
physical and developmental disabilities, persons with mental illness, seniors,
children, and low-income individuals;
(3) four voting members who represent providers that deliver nonemergency medical transportation services to medical assistance enrollees;
(4) two voting members of the house of representatives, one from the majority party and one from the minority party, appointed by the speaker of the house, and two voting members from the senate, one from the majority party and one from the minority party, appointed by the Subcommittee on Committees of the Committee on Rules and Administration;
(5) one voting member who represents demonstration providers as defined in section 256B.69, subdivision 2;
(6)
one voting member who represents an organization that contracts with state or
local governments to coordinate transportation services for medical assistance
enrollees; and
(7) one voting member who represents
the Minnesota State Council on Disability;
(8) the commissioner of
transportation or the commissioner's designee, who shall serve as a voting
member;
(9) one voting member appointed by the
Minnesota Ambulance Association; and
(10) one voting member appointed by the Minnesota Hospital Association.
(b) Members of the advisory committee shall not be employed by the Department of Human Services. Members of the advisory committee shall receive no compensation.
Sec. 32. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 18e, is amended to read:
Subd. 18e. Single
administrative structure and delivery system.
(a) The commissioner shall implement a single administrative
structure and delivery system for nonemergency medical transportation,
beginning the latter of the date the single administrative assessment tool
required in this paragraph is available for use, as determined by the
commissioner or by July 1, 2014 2016. The single administrative structure and
delivery system must:
(1) eliminate the distinction between
access transportation services and special transportation services;
(2) enable all medical assistance
recipients to follow the same process to obtain nonemergency medical
transportation, regardless of their level of need;
(3) provide a single oversight
framework for all providers of nonemergency medical transportation; and
(4) provide flexibility in service
delivery, recognizing that clients fall along a continuum of needs and
resources.
(b) The commissioner shall present to
the legislature, by January 15, 2014, legislation necessary to implement the
single administrative structure and delivery system for nonemergency medical
transportation.
(c) In developing the single
administrative structure and delivery system and the draft legislation, the
commissioner shall consult with the Nonemergency Medical Transportation
Advisory Committee. In
coordination with the Department of Transportation, the commissioner shall
develop and authorize a Web-based single administrative structure and
assessment tool, which must operate 24 hours a day, seven days a week, to
facilitate the enrollee assessment process for nonemergency medical
transportation services. The Web-based
tool shall facilitate the transportation eligibility determination process
initiated by clients and client advocates; shall include an accessible
automated intake and assessment process and real-time identification of level
of service eligibility; and shall authorize an appropriate and auditable mode
of transportation authorization. The
tool shall provide a single framework for reconciling trip information with
claiming and collecting complaints regarding inappropriate level of need
determinations, inappropriate transportation modes utilized, and interference
with accessing nonemergency medical transportation. The Web-based single administrative structure
shall operate on a trial basis for one year from implementation and, if
approved by the commissioner, shall be permanent thereafter. The commissioner shall seek input from the
Nonemergency Medical Transportation Advisory Committee to ensure the software
is effective and user-friendly and make recommendations regarding funding of
the single administrative system.
Sec. 33. Minnesota Statutes 2012, section 256B.0625, subdivision 18g, is amended to read:
Subd. 18g. Use of
standardized measures. The
commissioner, in consultation with the Nonemergency Medical Transportation
Advisory Committee, shall establish performance measures to assess the
cost-effectiveness and quality of nonemergency medical transportation. At a minimum, performance measures should
include the number of unique participants served by type of transportation
provider, number of trips provided by type of transportation provider, and cost
per trip by type of transportation provider.
The commissioner must also consider the measures identified in the
January 2012 Department of Human Services report to the legislature on
nonemergency medical transportation.
Beginning in calendar year 2013 2015, the commissioner
shall collect, audit, and analyze performance data on nonemergency medical
transportation annually and report this information on the agency's Web site. The commissioner shall periodically
supplement this information with the results of consumer surveys of the quality of services, and shall make
these survey findings available to the public on the agency Web site.
Sec. 34. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 18h. Managed
care. The following
subdivisions do not apply to managed care plans and county-based purchasing
plans:
(1) subdivision 17, paragraphs (d) to (k);
(2) subdivision 18e; and
(3) subdivision 18g.
Sec. 35. Minnesota Statutes 2012, section 256B.0625, subdivision 30, is amended to read:
Subd. 30. Other clinic services. (a) Medical assistance covers rural health clinic services, federally qualified health center services, nonprofit community health clinic services, and public health clinic services. Rural health clinic services and federally qualified health center services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and (C). Payment for rural health clinic and federally qualified health center services shall be made according to applicable federal law and regulation.
(b) A federally qualified health center that is beginning initial operation shall submit an estimate of budgeted costs and visits for the initial reporting period in the form and detail required by the commissioner. A federally qualified health center that is already in operation shall submit an initial report using actual costs and visits for the initial reporting period. Within 90 days of the end of its reporting period, a federally qualified health center shall submit, in the form and detail required by the commissioner, a report of its operations, including allowable costs actually incurred for the period and the actual number of visits for services furnished during the period, and other information required by the commissioner. Federally qualified health centers that file Medicare cost reports shall provide the commissioner with a copy of the most recent Medicare cost report filed with the Medicare program intermediary for the reporting year which support the costs claimed on their cost report to the state.
(c) In order to continue cost-based payment under the medical assistance program according to paragraphs (a) and (b), a federally qualified health center or rural health clinic must apply for designation as an essential community provider within six months of final adoption of rules by the Department of Health according to section 62Q.19, subdivision 7. For those federally qualified health centers and rural health clinics that have applied for essential community provider status within the six-month time prescribed, medical assistance payments will continue to be made according to paragraphs (a) and (b) for the first three years after application. For federally qualified health centers and rural health clinics that either do not apply within the time specified above or who have had essential community provider status for three years, medical assistance payments for health services provided by these entities shall be according to the same rates and conditions applicable to the same service provided by health care providers that are not federally qualified health centers or rural health clinics.
(d) Effective July 1, 1999, the provisions of paragraph (c) requiring a federally qualified health center or a rural health clinic to make application for an essential community provider designation in order to have cost-based payments made according to paragraphs (a) and (b) no longer apply.
(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
(f) Effective January 1, 2001, each federally qualified health center and rural health clinic may elect to be paid either under the prospective payment system established in United States Code, title 42, section 1396a(aa), or under an alternative payment methodology consistent with the requirements of United States Code, title 42, section 1396a(aa), and approved by the Centers for Medicare and Medicaid Services. The alternative payment methodology shall be 100 percent of cost as determined according to Medicare cost principles.
(g) For purposes of this section, "nonprofit community clinic" is a clinic that:
(1) has nonprofit status as specified in chapter 317A;
(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
(3) is established to provide health services to low-income population groups, uninsured, high-risk and special needs populations, underserved and other special needs populations;
(4) employs professional staff at least one-half of which are familiar with the cultural background of their clients;
(5) charges for services on a sliding fee scale designed to provide assistance to low-income clients based on current poverty income guidelines and family size; and
(6) does not restrict access or services because of a client's financial limitations or public assistance status and provides no-cost care as needed.
(h) Effective for services provided on
or after January 1, 2015, all claims for payment of clinic services provided by
federally qualified health centers and rural health clinics shall be paid by
the commissioner. The commissioner shall
determine the most feasible method for paying claims from the following
options:
(1) federally qualified health centers
and rural health clinics submit claims directly to the commissioner for
payment, and the commissioner provides claims information for recipients
enrolled in a managed care or county-based purchasing plan to the plan, on a
regular basis; or
(2) federally qualified health centers
and rural health clinics submit claims for recipients enrolled in a managed
care or county-based purchasing plan to the plan, and those claims are
submitted by the plan to the commissioner for payment to the clinic.
(i) For clinic services provided prior
to January 1, 2015, the commissioner shall calculate and pay monthly the
proposed managed care supplemental payments to clinics, and clinics shall
conduct a timely review of the payment calculation data in order to finalize
all supplemental payments in accordance with federal law. Any issues arising from a clinic's review
must be reported to the commissioner by January 1, 2017. Upon final agreement between the commissioner
and a clinic on issues identified under this subdivision, and in accordance
with United States Code, title 42, section 1396a(bb), no supplemental payments
for managed care plan or county-based purchasing plan claims for services
provided prior to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are unable to
resolve issues under this subdivision, the parties shall submit the dispute to
the arbitration process under section 14.57.
Sec. 36. Minnesota Statutes 2012, section 256B.0751, is amended by adding a subdivision to read:
Subd. 10. Health
care homes advisory committee. (a)
The commissioners of health and human services shall establish a health care
homes advisory committee to advise the commissioners on the ongoing statewide
implementation of the health care homes program authorized in this section.
(b) The commissioners shall establish
an advisory committee that includes representatives of the health care
professions such as primary care providers; mental health providers; nursing
and care coordinators; certified health care home clinics with statewide
representation; health plan companies; state agencies; employers; academic
researchers; consumers; and organizations that work to improve health care
quality in Minnesota. At least 25
percent of the committee members must be consumers or patients in health care
homes. The commissioners, in making
appointments to the committee, shall ensure geographic representation of all
regions of the state.
(c) The advisory committee shall advise
the commissioners on ongoing implementation of the health care homes program,
including, but not limited to, the following activities:
(1) implementation of certified health
care homes across the state on performance management and implementation of
benchmarking;
(2) implementation of modifications to
the health care homes program based on results of the legislatively mandated
health care home evaluation;
(3) statewide solutions for engagement
of employers and commercial payers;
(4) potential modifications of the
health care home rules or statutes;
(5) consumer engagement, including
patient and family-centered care, patient activation in health care, and shared
decision making;
(6) oversight for health care home
subject matter task forces or workgroups; and
(7) other related issues as requested
by the commissioners.
(d) The advisory committee shall have
the ability to establish subcommittees on specific topics. The advisory committee is governed by section
15.059. Notwithstanding section 15.059,
the advisory committee does not expire.
Sec. 37. Minnesota Statutes 2012, section 256B.199, is amended to read:
256B.199
PAYMENTS REPORTED BY GOVERNMENTAL ENTITIES.
(a) Effective July 1, 2007, The
commissioner shall apply for federal matching funds for the expenditures in
paragraphs (b) and (c). Effective
September 1, 2011, the commissioner shall apply for matching funds for
expenditures in paragraph (e).
(b) The commissioner shall apply for federal matching funds for certified public expenditures as follows:
(1) Hennepin County, Hennepin County Medical
Center, Ramsey County, and Regions Hospital, the University of
Minnesota, and Fairview-University Medical Center shall report quarterly to
the commissioner beginning June 1, 2007, payments made during the second
previous quarter that may qualify for reimbursement under federal law;
(2)
based on these reports, the commissioner shall apply for federal matching funds. These funds are appropriated to the
commissioner for the payments under section 256.969, subdivision 27; and
(3) by May 1 of each year, beginning May 1, 2007, the commissioner shall inform the nonstate entities listed in paragraph (a) of the amount of federal disproportionate share hospital payment money expected to be available in the current federal fiscal year.
(c) The commissioner shall apply for
federal matching funds for general assistance medical care expenditures as
follows:
(1) for hospital services occurring on or
after July 1, 2007, general assistance medical care expenditures for
fee-for-service inpatient and outpatient hospital payments made by the
department shall be used to apply for federal matching funds, except as limited
below:
(i) only those general assistance medical
care expenditures made to an individual hospital that would not cause the hospital to exceed its individual hospital
limits under section 1923 of the Social Security Act may be considered; and
(ii) general assistance medical care
expenditures may be considered only to the extent of Minnesota's aggregate
allotment under section 1923 of the Social Security Act; and
(2) all hospitals must provide any
necessary expenditure, cost, and revenue information required by the
commissioner as necessary for purposes of obtaining federal Medicaid matching
funds for general assistance medical care expenditures.
(d) (c) For the period from
April 1, 2009, to September 30, 2010, the commissioner shall apply for
additional federal matching funds available as disproportionate share hospital
payments under the American Recovery and Reinvestment Act of 2009. These funds shall be made available as the
state share of payments under section 256.969,
subdivision 28. The entities required to report certified
public expenditures under paragraph (b), clause (1), shall report
additional certified public expenditures as necessary under this paragraph.
(e) (d) For services
provided on or after September 1, 2011, the commissioner shall apply for
additional federal matching funds available as disproportionate share hospital
payments under the MinnesotaCare program according to the requirements and
conditions of paragraph (c). A
hospital may elect on an annual basis to not be a disproportionate share
hospital for purposes of this paragraph, if the hospital does not qualify for a
payment under section 256.969, subdivision 9, paragraph (b).
Sec. 38. Minnesota Statutes 2012, section 256B.35, subdivision 1, is amended to read:
Subdivision 1. Personal needs allowance. (a) Notwithstanding any law to the contrary, welfare allowances for clothing and personal needs for individuals receiving medical assistance while residing in any skilled nursing home, intermediate care facility, or medical institution including recipients of Supplemental Security Income, in this state shall not be less than $45 per month from all sources. When benefit amounts for Social Security or Supplemental Security Income recipients are increased pursuant to United States Code, title 42, sections 415(i) and 1382f, the commissioner shall, effective in the month in which the increase takes effect, increase by the same percentage to the nearest whole dollar the clothing and personal needs allowance for individuals receiving medical assistance while residing in any skilled nursing home, medical institution, or intermediate care facility. The commissioner shall provide timely notice to local agencies, providers, and recipients of increases under this provision.
(b) The personal needs allowance may be paid as part of the Minnesota supplemental aid program, and payments to recipients of Minnesota supplemental aid may be made once each three months covering liabilities that accrued during the preceding three months.
(c) The personal needs allowance shall be increased to include income garnished for child support under a court order, up to a maximum of $250 per month but only to the extent that the amount garnished is not deducted as a monthly allowance for children under section 256B.0575, paragraph (a), clause (5).
(d) Solely for the purpose of section
256B.0575, subdivision 1, paragraph (a), clause (1), the personal needs
allowance shall be increased to include income garnished for spousal
maintenance under a judgment and decree for dissolution of marriage, and any
administrative fees garnished for collection efforts.
Sec. 39. Minnesota Statutes 2013 Supplement, section 256B.69, subdivision 34, is amended to read:
Subd. 34. Supplemental
recovery program. The commissioner
shall conduct a supplemental recovery program for third-party liabilities identified
through coordination of benefits not recovered by managed care plans and
county-based purchasing plans for state public health programs. Any third-party liability identified through
coordination of benefits and recovered by the commissioner more than six
eight months after the date a managed care plan or county-based
purchasing plan receives adjudicates a health care claim shall be
retained by the commissioner and deposited in the general fund. The commissioner shall establish a mechanism,
including a reconciliation process, for managed care plans and county-based
purchasing plans to coordinate third-party liability collections efforts resulting
from coordination of benefits under this subdivision with the commissioner
to ensure there is no duplication of efforts.
The coordination mechanism must be consistent with the reporting
requirements in subdivision 9c. The
commissioner shall share accurate and timely third-party liability data with
managed care plans and county-based purchasing plans.
Sec. 40. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
256B.766
REIMBURSEMENT FOR BASIC CARE SERVICES.
(a) Effective for services provided on or after July 1, 2009, total payments for basic care services, shall be reduced by three percent, except that for the period July 1, 2009, through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical assistance and general assistance medical care programs, prior to third-party liability and spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical therapy services, occupational therapy services, and speech-language pathology and related services as basic care services. The reduction in this paragraph shall apply to physical therapy services, occupational therapy services, and speech-language pathology and related services provided on or after July 1, 2010.
(b) Payments made to managed care plans and county-based purchasing plans shall be reduced for services provided on or after October 1, 2009, to reflect the reduction effective July 1, 2009, and payments made to the plans shall be reduced effective October 1, 2010, to reflect the reduction effective July 1, 2010.
(c) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for outpatient hospital facility fees shall be reduced by five percent from the rates in effect on August 31, 2011.
(d) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for ambulatory surgery centers facility fees, medical supplies and durable medical equipment not subject to a volume purchase contract, prosthetics and orthotics, renal dialysis services, laboratory services, public health nursing services, physical therapy services, occupational therapy services, speech therapy services, eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume purchase contract, and anesthesia services shall be reduced by three percent from the rates in effect on August 31, 2011.
(e) Effective for services provided on or
after September 1, 2014, payments for ambulatory surgery centers facility fees,
medical supplies and durable medical equipment not subject to a volume
purchase contract, prosthetics and orthotics, hospice services, renal
dialysis services, laboratory services, public health nursing services,
eyeglasses
not subject to a volume purchase contract, and hearing aids not subject to a volume purchase contract shall be increased by three percent and payments for outpatient hospital facility fees shall be increased by three percent. Payments made to managed care plans and county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.
(f) Payments for medical supplies and
durable medical equipment not subject to a volume purchase contract,
prosthetics and orthotics, provided on or after July 1, 2014, through June 30,
2015, shall be decreased by .33 percent.
Payments for medical supplies and durable medical equipment not subject
to a volume purchase contract, prosthetics and orthotics, provided on or after
July 1, 2015, shall be increased by three percent from the rates in effect on
June 30, 2014.
(f) (g) This section does not
apply to physician and professional services, inpatient hospital services,
family planning services, mental health services, dental services, prescription
drugs, medical transportation, federally qualified health centers, rural health
centers, Indian health services, and Medicare cost-sharing.
Sec. 41. Minnesota Statutes 2013 Supplement, section 256B.767, is amended to read:
256B.767
MEDICARE PAYMENT LIMIT.
(a) Effective for services rendered on or after July 1, 2010, fee-for-service payment rates for physician and professional services under section 256B.76, subdivision 1, and basic care services subject to the rate reduction specified in section 256B.766, shall not exceed the Medicare payment rate for the applicable service, as adjusted for any changes in Medicare payment rates after July 1, 2010. The commissioner shall implement this section after any other rate adjustment that is effective July 1, 2010, and shall reduce rates under this section by first reducing or eliminating provider rate add-ons.
(b) This section does not apply to services provided by advanced practice certified nurse midwives licensed under chapter 148 or traditional midwives licensed under chapter 147D. Notwithstanding this exemption, medical assistance fee-for-service payment rates for advanced practice certified nurse midwives and licensed traditional midwives shall equal and shall not exceed the medical assistance payment rate to physicians for the applicable service.
(c) This section does not apply to mental health services or physician services billed by a psychiatrist or an advanced practice registered nurse with a specialty in mental health.
(d) Effective for durable medical
equipment, prosthetics, orthotics, or supplies provided on or after July 1,
2013, through June 30, 2014 2015, the payment rate for items that
are subject to the rates established under Medicare's National Competitive
Bidding Program shall be equal to the rate that applies to the same item when
not subject to the rate established under Medicare's National Competitive
Bidding Program. This paragraph does not
apply to mail-order diabetic supplies and does not apply to items provided to
dually eligible recipients when Medicare is the primary payer of the item.
Sec. 42. Laws 2013, chapter 108, article 1, section 24, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective January
July 1, 2014.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Laws 2014, chapter 235, section 43, is amended to read:
Sec. 43. EFFECTIVE
DATE.
Sections 1 to 40, and 42, are effective January 1, 2015.
Sec. 44. MEDICAL
ASSISTANCE SPENDDOWN REQUIREMENTS.
The commissioner of human services, in
consultation with interested stakeholders, shall review medical assistance
spenddown requirements and processes, including those used in other states, for
individuals with disabilities and seniors age 65 years of age or older. Based on this review, the commissioner shall
recommend alternative medical assistance spenddown payment requirements and
processes that:
(1) are practical for current and
potential medical assistance recipients, providers, and the Department of Human
Services;
(2) improve the medical assistance
payment process for providers; and
(3) allow current and potential medical
assistance recipients to obtain consistent and affordable medical coverage.
The commissioner shall report these
recommendations, along with the projected cost, to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over health and human services policy and finance by February 15, 2015.
Sec. 45. WAIVER
APPLICATIONS FOR NONEMERGENCY MEDICAL TRANSPORTATION SERVICE PROVIDERS.
Subdivision 1. Definitions. For purposes of this section, the
following definitions apply:
(1) "new provider" is a
nonemergency medical transportation service provider that has not been enrolled
prior to the effective date of this act and is delivering a mode that was not
required to comply with special transportation service operating standards
before the effective date of this act; and
(2) "commissioner" is the
commissioner of human services.
Subd. 2. Application
for and terms of variance. A
new provider may apply to the commissioner, on a form supplied by the
commissioner for this purpose, for a variance from special transportation service
operating standards. The commissioner
may grant or deny the variance application.
Variances expire on the earlier of, February 1, 2016, or the date that
the commissioner of transportation begins certifying new providers under the
terms of this act and successor legislation.
Subd. 3. Information
concerning variances. The
commissioner shall periodically transmit to the Department of Transportation
the number of variance applications received and the number granted.
Subd. 4. Report
by commissioner of transportation. On
or before February 1, 2015, the commissioner of transportation shall report to
the chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over transportation
and human services concerning implementing the nonemergency medical
transportation services provisions. The
report must contain recommendations of the commissioner of transportation
concerning statutes, session laws, and rules that must be amended, repealed, enacted,
or adopted to implement the nonemergency medical transportation services
provisions. The recommendations must
include, without limitation, the amount of the fee that would be required to
cover the costs of Department of Transportation supervision of inspection and
certification, as well as any needed statutory rulemaking or other authority to
be granted to the commissioner of transportation.
Sec. 46. FEDERAL
AUTHORITY; EMERGENCY MEDICAL ASSISTANCE PROGRAM.
The commissioner, in consultation with
providers who participate in the emergency medical assistance program and
representatives of patients served by the program, shall assess the program's
covered services, care plan requirements, conditions of eligibility for covered
services, and other program requirements to identify potential changes to
program requirements that are likely to reduce the use of more costly services,
including emergency and inpatient hospital services. The commissioner shall report any changes to
program requirements that produce credible savings to the cost of federally
funded services provided to eligible individuals, including the estimated
fiscal effect of these changes to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over health and
human services policy and finance by January 15, 2015. If additional resources are required to
establish cost savings, the report shall identify the necessary resources and
anticipated costs associated with the analysis.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. ORAL
HEALTH DELIVERY AND REIMBURSEMENT SYSTEM.
(a) The commissioner of human services,
in consultation with the commissioner of health, shall convene a work group to
develop a new delivery and reimbursement system for oral health and dental
services that are provided to enrollees of the state public health care
programs. The new system must ensure
cost-effective delivery and an increase in access to services.
(b) The commissioner shall consult with
dental providers enrolled in the state public health programs, including
providers who serve substantial numbers of low-income and uninsured patients
and are currently receiving critical access dental payments; private practicing
dentists; nonprofit community clinics; managed care and county-based purchasing
plans; and health plan companies that provide either directly or through
contracts with providers dental services to enrollees of state public health
care programs.
(c) The commissioner shall submit a
report containing the proposed delivery and reimbursement system, including
draft legislation to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over health and human services policy
and finance by January 15, 2015.
Sec. 48. REPEALER.
(a) Minnesota Statutes 2012, sections
256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13, 20, 21, 22, 26, 27, and 28; and
256.9695, subdivisions 3 and 4, are repealed effective November 1, 2014.
(b) Minnesota Statutes 2013 Supplement,
section 256B.0625, subdivision 18f, is repealed.
ARTICLE 25
CHILDREN, FAMILIES, AND NORTHSTAR CARE FOR CHILDREN
Section 1. Minnesota Statutes 2012, section 119B.09, subdivision 9a, is amended to read:
Subd. 9a. Child
care centers; assistance. (a) For
the purposes of this subdivision, "qualifying child" means a child
who satisfies both of the following:
(1) is not a child or dependent of an
employee of the child care provider; and
(2) does not reside with an employee of the
child care provider.
(b)
Funds distributed under this chapter must not be paid for child care services
that are provided for a child by a child care provider who employs either
the parent of the child or a person who resides with the child, or
dependent of an employee under paragraph (a) unless at all times at least
50 percent of the children for whom the child care provider is providing care
are qualifying children under paragraph (a).
(c) If a child care provider satisfies the requirements for payment under paragraph (b), but the percentage of qualifying children under paragraph (a) for whom the provider is providing care falls below 50 percent, the provider shall have four weeks to raise the percentage of qualifying children for whom the provider is providing care to at least 50 percent before payments to the provider are discontinued for child care services provided for a child who is not a qualifying child.
(d) This subdivision shall be implemented
as follows:
(1) no later than August 1, 2014, the commissioner
shall issue a notice to providers who have been identified as ineligible for
funds distributed under this chapter as described in paragraph (b); and
(2) no later than January 5, 2015,
payments to providers who do not comply with paragraph (c) will be discontinued
for child care services provided for children who are not qualifying children.
(e) If a child's authorization for
child care assistance is terminated under this subdivision, the county shall
send a notice of adverse action to the provider and to the child's parent or
guardian, including information on the right to appeal, under Minnesota Rules,
part 3400.0185.
(f) Funds paid to providers during the
period of time between the issuance of a notice under paragraph (d), clause
(1), and discontinuation of payments under paragraph (d), clause (2), must not
be treated as overpayments under section 119B.11, subdivision 2a, due to
noncompliance with this subdivision.
(g) Nothing in this subdivision
precludes the commissioner from conducting fraud investigations relating to
child care assistance, imposing sanctions, and obtaining monetary recovery as
otherwise provided by law.
Sec. 2. Minnesota Statutes 2012, section 245A.03, subdivision 2c, is amended to read:
Subd. 2c. School-age
child care licensing moratorium. A
school-age program whose sole purpose is to provide only services to school-age
children during out-of-school times is exempt from the human services licensing
requirements in this chapter until July 1, 2014 2015. Nothing in this section prohibits an already
licensed school-age-only program from continuing its license or a school-age
program from seeking licensure.
Sec. 3. Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:
Subd. 5. Fingerprints. (a) Except as provided in paragraph (c), for any background study completed under this chapter, when the commissioner has reasonable cause to believe that further pertinent information may exist on the subject of the background study, the subject shall provide the commissioner with a set of classifiable fingerprints obtained from an authorized agency.
(b) For purposes of requiring fingerprints, the commissioner has reasonable cause when, but not limited to, the:
(1) information from the Bureau of Criminal Apprehension indicates that the subject is a multistate offender;
(2) information from the Bureau of Criminal Apprehension indicates that multistate offender status is undetermined; or
(3) commissioner has received a report from the subject or a third party indicating that the subject has a criminal history in a jurisdiction other than Minnesota.
(c) Except as specified under section
245C.04, subdivision 1, paragraph (d), for background studies conducted by the
commissioner for child foster care or, adoptions, or a
transfer of permanent legal and physical custody of a child, the subject of
the background study, who is 18 years of age or older, shall provide the
commissioner with a set of classifiable fingerprints obtained from an
authorized agency.
Sec. 4. Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is amended to read:
Subdivision 1. Background studies conducted by Department of Human Services. (a) For a background study conducted by the Department of Human Services, the commissioner shall review:
(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;
(5) except as provided in clause (6), information from the national crime information system when the commissioner has reasonable cause as defined under section 245C.05, subdivision 5; and
(6) for a background study related to a child foster care application for licensure, a transfer of permanent legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, the commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years; and
(ii) information from national crime information databases, when the background study subject is 18 years of age or older.
(b) Notwithstanding expungement by a court, the commissioner may consider information obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner.
(c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study.
Sec. 5. Minnesota Statutes 2012, section 245C.33, subdivision 1, is amended to read:
Subdivision 1. Adoption
and transfer of permanent legal and physical custody; Background studies
conducted by commissioner study requirements. (a) Before placement of a child
for purposes of adoption, the commissioner shall conduct a background study on
individuals listed in section sections 259.41, subdivision 3, and
260C.611,
for county agencies and private agencies licensed to place children for
adoption. When a prospective adoptive
parent is seeking to adopt a child who is currently placed in the prospective
adoptive parent's home and is under the guardianship of the commissioner
according to section 260C.325, subdivision 1, paragraph (b), and the
prospective adoptive parent holds a child foster care license, a new background
study is not required when:
(1) a background study was completed on
persons required to be studied under section 245C.03 in connection with the
application for child foster care licensure after July 1, 2007;
(2) the background study included a
review of the information in section 245C.08, subdivisions 1, 3, and 4; and
(3) as a result of the background
study, the individual was either not disqualified or, if disqualified, the
disqualification was set aside under section 245C.22, or a variance was issued
under section 245C.30.
(b) Before the kinship placement
agreement is signed for the purpose of transferring permanent legal and physical
custody to a relative under sections 260C.503 to 260C.515, the commissioner
shall conduct a background study on each person age 13 or older living in the
home. When a prospective relative
custodian has a child foster care license, a new background study is not
required when:
(1) a background study was completed on
persons required to be studied under section 245C.03 in connection with the
application for child foster care licensure after July 1, 2007;
(2) the background study included a
review of the information in section 245C.08, subdivisions 1, 3, and 4; and
(3) as a result of the background
study, the individual was either not disqualified or, if disqualified, the
disqualification was set aside under section 245C.22, or a variance was issued under
section 245C.30. The commissioner and
the county agency shall expedite any request for a set-aside or variance for a
background study required under chapter 256N.
Sec. 6. Minnesota Statutes 2012, section 245C.33, subdivision 4, is amended to read:
Subd. 4. Information commissioner reviews. (a) The commissioner shall review the following information regarding the background study subject:
(1) the information under section 245C.08, subdivisions 1, 3, and 4;
(2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and
(3) information from national crime information databases, when required under section 245C.08.
(b) The commissioner shall provide any information collected under this subdivision to the county or private agency that initiated the background study. The commissioner shall also provide the agency:
(1) notice whether the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, section 671(a)(20)(A); and
(2) for background studies conducted under subdivision 1, paragraph (a), the date of all adoption-related background studies completed on the subject by the commissioner after June 30, 2007, and the name of the county or private agency that initiated the adoption-related background study.
Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is amended to read:
Subdivision 1. Children eligible for subsidized adoption assistance. Medical assistance may be paid for a child eligible for or receiving adoption assistance payments under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 676, and to any child who is not title IV-E eligible but who was determined eligible for adoption assistance under chapter 256N or section 259A.10, subdivision 2, and has a special need for medical or rehabilitative care.
Sec. 8. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's approved employment plan that leads to employment. For purposes of the MFIP program, this includes activities that meet the definition of work activity under the participation requirements of TANF. Work activity includes:
(1) unsubsidized employment, including work study and paid apprenticeships or internships;
(2) subsidized private sector or public sector employment, including grant diversion as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid work experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including community service, volunteer work, the community work experience program as specified in section 256J.67, unpaid apprenticeships or internships, and supported work when a wage subsidy is not provided. Unpaid work experience is only an option if the participant has been unable to obtain or maintain paid employment in the competitive labor market, and no paid work experience programs are available to the participant. Prior to placing a participant in unpaid work, the county must inform the participant that the participant will be notified if a paid work experience or supported work position becomes available. Unless a participant consents in writing to participate in unpaid work experience, the participant's employment plan may only include unpaid work experience if including the unpaid work experience in the plan will meet the following criteria:
(i) the unpaid work experience will provide the participant specific skills or experience that cannot be obtained through other work activity options where the participant resides or is willing to reside; and
(ii) the skills or experience gained through the unpaid work experience will result in higher wages for the participant than the participant could earn without the unpaid work experience;
(4) job search including job readiness assistance, job clubs, job placement, job-related counseling, and job retention services;
(5) job readiness education, including
English as a second language (ESL) or functional work literacy classes as
limited by the provisions of section 256J.531, subdivision 2, general
educational development (GED) or adult high school diploma course work,
high school completion, and adult basic education as limited by the
provisions of section 256J.531, subdivision 1;
(6) job skills training directly related to
employment, including postsecondary education and training that can
reasonably be expected to lead to employment, as limited by the provisions
of section 256J.53;
(7) providing child care services to a participant who is working in a community service program;
(8) activities included in the employment plan that is developed under section 256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental health assessments, treatment, and services; learning disabilities services; child protective services; family stabilization services; or other programs designed to enhance employability.
(b) "Work activity" does not include activities done for political purposes as defined in section 211B.01, subdivision 6.
Sec. 9. Minnesota Statutes 2012, section 256J.53, subdivision 1, is amended to read:
Subdivision 1. Length
of program. (a) In order for
a postsecondary education or training program to be an approved work activity
as defined in section 256J.49, subdivision 13, clause (6), it must be a program
lasting 24 months four years or less, and the participant must
meet the requirements of subdivisions 2, 3, and 5.
(b) Participants with a high school
diploma, general educational development (GED) credential, or an adult high
school diploma must be informed of the opportunity to participate in
postsecondary education or training while in the Minnesota family investment
program.
Sec. 10. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
Subd. 2. Approval
of Postsecondary education or training.
(a) In order for a postsecondary education or training program to
be an approved activity in an employment plan, the plan must include additional
work activities if the education and training activities do not meet the
minimum hours required to meet the federal work participation rate under Code
of Federal Regulations, title 45, sections 261.31 and 261.35.
(b) Participants seeking approval of a
postsecondary education or training plan must provide documentation that:
(1) the employment goal can only be met
with the additional education or training; Participants who are
interested in participating in postsecondary education or training as part of
their employment plan must discuss their education plans with their job
counselor. Job counselors will work with
participants to evaluate the options by:
(2) (1) advising whether there
are suitable employment opportunities that require the specific education or
training in the area in which the participant resides or is willing to reside;
(3) the education or training will result
in significantly higher wages for the participant than the participant could
earn without the education or training;
(4) (2) assisting the
participant in exploring whether the participant can meet the
requirements for admission into the program; and
(5) there is a reasonable expectation
that the participant will complete the training program based on such factors
as (3) discussing the participant's strengths and challenges based on
the participant's MFIP assessment, previous education, training, and work
history; current motivation; and changes in previous circumstances.
(b) The requirements of this
subdivision do not apply to participants who are in:
(1) a recognized career pathway program
that leads to stackable credentials;
(2) a training program lasting 12 weeks
or fewer; or
(3) the final year of a multiyear
postsecondary education or training program.
Sec. 11. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
Subd. 5. Requirements
after postsecondary education or training.
Upon completion of an approved education or training program, a
participant who does not meet the participation requirements in section
256J.55, subdivision 1, through unsubsidized employment must participate in job
search. If, after six 12
weeks of job search, the participant does not find a full-time job consistent
with the employment goal, the participant must accept any offer of full-time
suitable employment, or meet with the job counselor to revise the employment
plan to include additional work activities necessary to meet hourly
requirements.
Sec. 12. Minnesota Statutes 2012, section 256J.531, is amended to read:
256J.531
BASIC EDUCATION; ENGLISH AS A SECOND LANGUAGE.
Subdivision 1. Approval
of adult basic education. With
the exception of classes related to obtaining a general educational development
credential (GED), a participant must have reading or mathematics proficiency
below a ninth grade level in order for adult basic education classes to be an
A participant who lacks a high school diploma, general educational
development (GED) credential, or an adult high school diploma must be allowed
to pursue these credentials as an approved work activity, provided that
the participant is making satisfactory progress. Participants eligible to pursue a general
educational development (GED) credential or adult high school diploma under
this subdivision must be informed of the opportunity to participate while in
the Minnesota family investment program.
The employment plan must also specify that the participant fulfill no
more than one-half of the participation requirements in section 256J.55,
subdivision 1, through attending adult basic education or general educational
development classes.
Subd. 2. Approval
of English as a second language. In
order for English as a second language (ESL) classes to be an approved work
activity in an employment plan, a participant must be below a spoken language
proficiency level of SPL6 or its equivalent, as measured by a nationally
recognized test. In approving ESL as a
work activity, the job counselor must give preference to enrollment in a
functional work literacy program, if one is available, over a regular ESL
program. A participant may not be
approved for more than a combined total of 24 months of ESL classes while
participating in the diversionary work program and the employment and training
services component of MFIP. The
employment plan must also specify that the participant fulfill no more than
one-half of the participation requirements in section 256J.55, subdivision 1,
through attending ESL classes. For
participants enrolled in functional work literacy classes, no more than
two-thirds of the participation requirements in section 256J.55, subdivision 1,
may be met through attending functional work literacy classes.
Sec. 13. Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a subdivision to read:
Subd. 14a. Licensed
child foster parent. "Licensed
child foster parent" means a person who is licensed for child foster care
under Minnesota Rules, parts 2960.3000 to 2960.3340, or licensed by a Minnesota
tribe in accordance with tribal standards.
Sec. 14. Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is amended to read:
Subd. 2. Placement
in foster care. To be eligible for
foster care benefits under this section, the child must be in placement away
from the child's legal parent or, guardian, or Indian
custodian as defined in section 260.755, subdivision 10, and all of the
following criteria must be met must meet one of the criteria in clause
(1) and either clause (2) or (3):
(1) the legally responsible agency must
have placement authority and care responsibility, including for a child 18
years old or older and under age 21, who maintains eligibility for foster care
consistent with section 260C.451;
(2)
(1) the legally responsible agency must have placement authority
to place the child with: (i) a
voluntary placement agreement or a court order, consistent with sections
260B.198, 260C.001, and 260D.01, or continued eligibility
consistent with section 260C.451 for a child 18 years old or older and under
age 21 who maintains eligibility for foster care; or (ii) a voluntary placement
agreement or court order by a Minnesota tribe that is consistent with United
States Code, title 42, section 672(a)(2); and
(3) (2) the child must be
is placed in an emergency relative placement under section 245A.035,
with a licensed foster family setting, foster residence setting, or
treatment foster care setting licensed under Minnesota Rules, parts 2960.3000
to 2960.3340, a family foster home licensed or approved by a tribal agency or,
for a child 18 years old or older and under age 21, child foster parent;
or
(3) the child is placed in one of the
following unlicensed child foster care settings:
(i) an emergency relative placement
under tribal licensing regulations or section 245A.035, with the legally
responsible agency ensuring the relative completes the required child foster
care application process;
(ii) a licensed adult foster home with
an approved age variance under section 245A.16 for no more than six months;
(iii) for a child 18 years old or older
and under age 21 who is eligible for extended foster care under section
260C.451, an unlicensed supervised independent living setting approved by
the agency responsible for the youth's child's care.;
or
(iv) a preadoptive placement in a home
specified in section 245A.03, subdivision 2, paragraph (a), clause (9), with an
approved adoption home study and signed adoption placement agreement.
Sec. 15. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a subdivision to read:
Subd. 7. Background
study. (a) A county or
private agency conducting a background study for purposes of child foster care licensing
or approval must conduct the study in accordance with chapter 245C and must
meet the requirements in United States Code, title 42, section 671(a)(20).
(b) A Minnesota tribe conducting a
background study for purposes of child foster care licensing or approval must
conduct the study in accordance with the requirements in United States Code,
title 42, section 671(a)(20), when applicable.
Sec. 16. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 1, is amended to read:
Subdivision 1. General eligibility requirements. (a) To be eligible for guardianship assistance under this section, there must be a judicial determination under section 260C.515, subdivision 4, that a transfer of permanent legal and physical custody to a relative is in the child's best interest. For a child under jurisdiction of a tribal court, a judicial determination under a similar provision in tribal code indicating that a relative will assume the duty and authority to provide care, control, and protection of a child who is residing in foster care, and to make decisions regarding the child's education, health care, and general welfare until adulthood, and that this is in the child's best interest is considered equivalent. Additionally, a child must:
(1) have been removed from the child's home pursuant to a voluntary placement agreement or court order;
(2)(i) have resided in with the
prospective relative custodian who has been a licensed child foster care
parent for at least six consecutive months in the home of the
prospective relative custodian; or
(ii)
have received from the commissioner an exemption from the requirement in
item (i) from the court that the prospective relative custodian has
been a licensed child foster parent for at least six consecutive months, based
on a determination that:
(A) an expedited move to permanency is in the child's best interest;
(B) expedited permanency cannot be
completed without provision of guardianship assistance; and
(C) the prospective relative custodian is uniquely qualified to meet the child's needs, as defined in section 260C.212, subdivision 2, on a permanent basis;
(D) the child and prospective relative
custodian meet the eligibility requirements of this section; and
(E) efforts were made by the legally
responsible agency to place the child with the prospective relative custodian
as a licensed child foster parent for six consecutive months before permanency,
or an explanation why these efforts were not in the child's best interests;
(3) meet the agency determinations regarding permanency requirements in subdivision 2;
(4) meet the applicable citizenship and immigration requirements in subdivision 3;
(5) have been consulted regarding the proposed transfer of permanent legal and physical custody to a relative, if the child is at least 14 years of age or is expected to attain 14 years of age prior to the transfer of permanent legal and physical custody; and
(6) have a written, binding agreement under section 256N.25 among the caregiver or caregivers, the financially responsible agency, and the commissioner established prior to transfer of permanent legal and physical custody.
(b) In addition to the requirements in paragraph (a), the child's prospective relative custodian or custodians must meet the applicable background study requirements in subdivision 4.
(c) To be eligible for title IV-E guardianship assistance, a child must also meet any additional criteria in section 473(d) of the Social Security Act. The sibling of a child who meets the criteria for title IV-E guardianship assistance in section 473(d) of the Social Security Act is eligible for title IV-E guardianship assistance if the child and sibling are placed with the same prospective relative custodian or custodians, and the legally responsible agency, relatives, and commissioner agree on the appropriateness of the arrangement for the sibling. A child who meets all eligibility criteria except those specific to title IV-E guardianship assistance is entitled to guardianship assistance paid through funds other than title IV-E.
Sec. 17. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 2, is amended to read:
Subd. 2. Agency determinations regarding permanency. (a) To be eligible for guardianship assistance, the legally responsible agency must complete the following determinations regarding permanency for the child prior to the transfer of permanent legal and physical custody:
(1) a determination that reunification and adoption are not appropriate permanency options for the child; and
(2) a determination that the child demonstrates a strong attachment to the prospective relative custodian and the prospective relative custodian has a strong commitment to caring permanently for the child.
(b)
The legally responsible agency shall document the determinations in paragraph
(a) and the eligibility requirements in this section that comply with
United States Code, title 42, sections 673(d) and 675(1)(F). These determinations must be documented in a
kinship placement agreement, which must be in the format prescribed by the
commissioner and must be signed by the prospective relative custodian and the
legally responsible agency. In the case
of a Minnesota tribe, the determinations and eligibility requirements in this
section may be provided in an alternative format approved by the commissioner. Supporting information for completing each
determination must be documented in the legally responsible agency's
case file and make them available for review as requested by the
financially responsible agency and the commissioner during the guardianship
assistance eligibility determination process.
Sec. 18. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 4, is amended to read:
Subd. 4. Background
study. (a) A background study under
section 245C.33 must be completed on each prospective relative custodian
and any other adult residing in the home of the prospective relative custodian. The background study must meet the
requirements of United States Code, title 42, section 671(a)(20). A study completed under section 245C.33 meets
this requirement. A background study
on the prospective relative custodian or adult residing in the household
previously completed under section 245C.04 chapter 245C for the
purposes of child foster care licensure may under chapter 245A
or licensure by a Minnesota tribe, shall be used for the purposes of this
section, provided that the background study is current meets the
requirements of this subdivision and the prospective relative custodian is a
licensed child foster parent at the time of the application for
guardianship assistance.
(b) If the background study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against a child, including child pornography; or
(iv) a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense;
the prospective relative custodian is prohibited from receiving guardianship assistance on behalf of an otherwise eligible child.
Sec. 19. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is amended to read:
Subd. 6. Exclusions. (a) A child with a guardianship assistance agreement under Northstar Care for Children is not eligible for the Minnesota family investment program child-only grant under chapter 256J.
(b) The commissioner shall not enter into a guardianship assistance agreement with:
(1) a child's biological parent or stepparent;
(2) an individual assuming permanent legal and physical custody of a child or the equivalent under tribal code without involvement of the child welfare system; or
(3) an individual assuming permanent legal and physical custody of a child who was placed in Minnesota by another state or a tribe outside of Minnesota.
Sec. 20. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is amended to read:
Subdivision 1. General eligibility requirements. (a) To be eligible for Northstar adoption assistance under this section, a child must:
(1) be determined to be a child with special needs under subdivision 2;
(2) meet the applicable citizenship and immigration requirements in subdivision 3;
(3)(i) meet the criteria in section 473 of the Social Security Act; or
(ii) have had foster care payments paid on
the child's behalf while in out-of-home placement through the county social
service agency or tribe and be either under the tribal social
service agency prior to the issuance of a court order transferring the child's
guardianship of to the commissioner or under the jurisdiction
of a Minnesota tribe and adoption,
according to tribal law, is in the child's documented permanency plan making the child a ward of the tribe; and
(4) have a written, binding agreement under section 256N.25 among the adoptive parent, the financially responsible agency, or, if there is no financially responsible agency, the agency designated by the commissioner, and the commissioner established prior to finalization of the adoption.
(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent or parents must meet the applicable background study requirements in subdivision 4.
(c) A child who meets all eligibility criteria except those specific to title IV-E adoption assistance shall receive adoption assistance paid through funds other than title IV-E.
(d) A child receiving Northstar kinship
assistance payments under section 256N.22 is eligible for Northstar adoption
assistance when the criteria in paragraph (a) are met and the child's legal
custodian is adopting the child.
Sec. 21. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 4, is amended to read:
Subd. 4. Background
study. (a) A background study
under section 259.41 must be completed on each prospective adoptive
parent. and all other adults
residing in the home. A background study
must meet the requirements of United States Code, title 42, section 671(a)(20). A study completed under section 245C.33 meets
this requirement. If the prospective
adoptive parent is a licensed child foster parent licensed under chapter 245A
or by a Minnesota tribe, the background study previously completed for the
purposes of child foster care licensure shall be used for the purpose of this
section, provided that the background study meets all other requirements of
this subdivision and the prospective adoptive parent is a licensed child foster
parent at the time of the application for adoption assistance.
(b) If the background study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against a child, including child pornography; or
(iv) a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense;
the adoptive parent is prohibited from receiving adoption assistance on behalf of an otherwise eligible child.
Sec. 22. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is amended to read:
Subd. 9. Timing of and requests for reassessments. Reassessments for an eligible child must be completed within 30 days of any of the following events:
(1) for a child in continuous foster care,
when six months have elapsed since completion of the last assessment the
initial assessment, and annually thereafter;
(2) for a child in continuous foster care, change of placement location;
(3) for a child in foster care, at the request of the financially responsible agency or legally responsible agency;
(4) at the request of the commissioner; or
(5) at the request of the caregiver under
subdivision 9 10.
Sec. 23. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10, is amended to read:
Subd. 10. Caregiver
requests for reassessments. (a) A
caregiver may initiate a reassessment request for an eligible child in writing
to the financially responsible agency or, if there is no financially
responsible agency, the agency designated by the commissioner. The written request must include the reason
for the request and the name, address, and contact information of the
caregivers. For an eligible child
with a guardianship assistance or adoption assistance agreement, The
caregiver may request a reassessment if at least six months have elapsed since
any previously requested review previous assessment or reassessment. For an eligible foster child, a foster parent
may request reassessment in less than six months with written documentation
that there have been significant changes in the child's needs that necessitate
an earlier reassessment.
(b)
A caregiver may request a reassessment of an at-risk child for whom a
guardianship assistance or an adoption assistance agreement has been
executed if the caregiver has satisfied the commissioner with written
documentation from a qualified expert that the potential disability upon which
eligibility for the agreement was based has manifested itself, consistent with
section 256N.25, subdivision 3, paragraph (b).
(c) If the reassessment cannot be completed within 30 days of the caregiver's request, the agency responsible for reassessment must notify the caregiver of the reason for the delay and a reasonable estimate of when the reassessment can be completed.
(d) Notwithstanding any provision to the
contrary in paragraph (a) or subdivision 9, when a Northstar kinship assistance
agreement or adoption assistance agreement under section 256N.25 has been
signed by all parties, no reassessment may be requested or conducted until the
court finalizes the transfer of permanent legal and physical custody or
finalizes the adoption, or the assistance agreement expires according to
section 256N.25, subdivision 1.
Sec. 24. Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 2, is amended to read:
Subd. 2. Negotiation of agreement. (a) When a child is determined to be eligible for guardianship assistance or adoption assistance, the financially responsible agency, or, if there is no financially responsible agency, the agency designated by the commissioner, must negotiate with the caregiver to develop an agreement under subdivision 1. If and when the caregiver and agency reach concurrence as to the terms of the agreement, both parties shall sign the agreement. The agency must submit the agreement, along with the eligibility determination outlined in sections 256N.22, subdivision 7, and 256N.23, subdivision 7, to the commissioner for final review, approval, and signature according to subdivision 1.
(b) A monthly payment is provided as part
of the adoption assistance or guardianship assistance agreement to support the
care of children unless the child is eligible for adoption assistance and
determined to be an at-risk child, in which case the special at-risk monthly
payment under section 256N.26, subdivision 7, must no payment will
be made unless and until the caregiver obtains written documentation
from a qualified expert that the potential disability upon which eligibility
for the agreement was based has manifested itself.
(1) The amount of the payment made on behalf of a child eligible for guardianship assistance or adoption assistance is determined through agreement between the prospective relative custodian or the adoptive parent and the financially responsible agency, or, if there is no financially responsible agency, the agency designated by the commissioner, using the assessment tool established by the commissioner in section 256N.24, subdivision 2, and the associated benefit and payments outlined in section 256N.26. Except as provided under section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes the monthly benefit level for a child under foster care. The monthly payment under a guardianship assistance agreement or adoption assistance agreement may be negotiated up to the monthly benefit level under foster care. In no case may the amount of the payment under a guardianship assistance agreement or adoption assistance agreement exceed the foster care maintenance payment which would have been paid during the month if the child with respect to whom the guardianship assistance or adoption assistance payment is made had been in a foster family home in the state.
(2) The rate schedule for the agreement is determined based on the age of the child on the date that the prospective adoptive parent or parents or relative custodian or custodians sign the agreement.
(3) The income of the relative custodian or custodians or adoptive parent or parents must not be taken into consideration when determining eligibility for guardianship assistance or adoption assistance or the amount of the payments under section 256N.26.
(4) With the concurrence of the relative custodian or adoptive parent, the amount of the payment may be adjusted periodically using the assessment tool established by the commissioner in section 256N.24, subdivision 2, and the agreement renegotiated under subdivision 3 when there is a change in the child's needs or the family's circumstances.
(5)
The guardianship assistance or adoption assistance agreement of a child who
is identified as at-risk receives the special at-risk monthly payment under
section 256N.26, subdivision 7, unless and until the potential disability
manifests itself, as documented by an appropriate professional, and the
commissioner authorizes commencement of payment by modifying the agreement
accordingly. A relative custodian or
An adoptive parent of an at-risk child with a guardianship assistance
or an adoption assistance agreement may request a reassessment of
the child under section 256N.24, subdivision 9 10, and
renegotiation of the guardianship assistance or adoption assistance
agreement under subdivision 3 to include a monthly payment, if the caregiver
has written documentation from a qualified expert that the potential disability
upon which eligibility for the agreement was based has manifested itself. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner.
(c) For guardianship assistance agreements:
(1) the initial amount of the monthly
guardianship assistance payment must be equivalent to the foster care rate in
effect at the time that the agreement is signed less any offsets under section
256N.26, subdivision 11, or a lesser negotiated amount if agreed to by the
prospective relative custodian and specified in that agreement, unless the
child is identified as at-risk or the guardianship assistance agreement is
entered into when a child is under the age of six; and
(2) an at-risk child must be assigned
level A as outlined in section 256N.26 and receive the special at-risk monthly
payment under section 256N.26, subdivision 7, unless and until the potential
disability manifests itself, as documented by a qualified expert, and the
commissioner authorizes commencement of payment by modifying the agreement
accordingly; and
(3) (2) the amount of the
monthly payment for a guardianship assistance agreement for a child, other
than an at-risk child, who is under the age of six must be as specified in
section 256N.26, subdivision 5.
(d) For adoption assistance agreements:
(1) for a child in foster care with the prospective adoptive parent immediately prior to adoptive placement, the initial amount of the monthly adoption assistance payment must be equivalent to the foster care rate in effect at the time that the agreement is signed less any offsets in section 256N.26, subdivision 11, or a lesser negotiated amount if agreed to by the prospective adoptive parents and specified in that agreement, unless the child is identified as at-risk or the adoption assistance agreement is entered into when a child is under the age of six;
(2) for an at-risk child who
must be assigned level A as outlined in section 256N.26 and receive the
special at-risk monthly payment under section 256N.26, subdivision 7, no
payment will be made unless and until the potential disability manifests
itself, as documented by an appropriate professional, and the commissioner
authorizes commencement of payment by modifying the agreement accordingly;
(3) the amount of the monthly payment for an adoption assistance agreement for a child under the age of six, other than an at-risk child, must be as specified in section 256N.26, subdivision 5;
(4) for a child who is in the guardianship assistance program immediately prior to adoptive placement, the initial amount of the adoption assistance payment must be equivalent to the guardianship assistance payment in effect at the time that the adoption assistance agreement is signed or a lesser amount if agreed to by the prospective adoptive parent and specified in that agreement, unless the child is identified as an at-risk child; and
(5) for a child who is not in foster care placement or the guardianship assistance program immediately prior to adoptive placement or negotiation of the adoption assistance agreement, the initial amount of the adoption assistance agreement must be determined using the assessment tool and process in this section and the corresponding payment amount outlined in section 256N.26.
Sec. 25. Minnesota Statutes 2013 Supplement, section 256N.25, subdivision 3, is amended to read:
Subd. 3. Renegotiation of agreement. (a) A relative custodian or adoptive parent of a child with a guardianship assistance or adoption assistance agreement may request renegotiation of the agreement when there is a change in the needs of the child or in the family's circumstances. When a relative custodian or adoptive parent requests renegotiation of the agreement, a reassessment of the child must be completed consistent with section 256N.24, subdivisions 9 and 10. If the reassessment indicates that the child's level has changed, the financially responsible agency or, if there is no financially responsible agency, the agency designated by the commissioner or the commissioner's designee, and the caregiver must renegotiate the agreement to include a payment with the level determined through the reassessment process. The agreement must not be renegotiated unless the commissioner, the financially responsible agency, and the caregiver mutually agree to the changes. The effective date of any renegotiated agreement must be determined by the commissioner.
(b) A relative custodian or An
adoptive parent of an at-risk child with a guardianship assistance or an
adoption assistance agreement may request renegotiation of the agreement to
include a monthly payment higher than the special at-risk monthly payment
under section 256N.26, subdivision 7, if the caregiver has written
documentation from a qualified expert that the potential disability upon which
eligibility for the agreement was based has manifested itself. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a
reassessment of the child must be conducted as outlined in section 256N.24,
subdivision 9. The reassessment must be
used to renegotiate the agreement to include an appropriate monthly payment. The agreement must not be renegotiated unless
the commissioner, the financially responsible agency, and the caregiver
mutually agree to the changes. The
effective date of any renegotiated agreement must be determined by the
commissioner.
(c) Renegotiation of a guardianship assistance or adoption assistance agreement is required when one of the circumstances outlined in section 256N.26, subdivision 13, occurs.
Sec. 26. Minnesota Statutes 2013 Supplement, section 256N.26, subdivision 1, is amended to read:
Subdivision 1. Benefits. (a) There are three benefits under Northstar Care for Children: medical assistance, basic payment, and supplemental difficulty of care payment.
(b) A child is eligible for medical assistance under subdivision 2.
(c) A child is eligible for the basic
payment under subdivision 3, except for a child assigned level A under section
256N.24, subdivision 1, because the child is determined to be an at-risk child
receiving guardianship assistance or adoption assistance.
(d) A child, including a foster child age 18 to 21, is eligible for an additional supplemental difficulty of care payment under subdivision 4, as determined by the assessment under section 256N.24.
(e) An eligible child entering guardianship assistance or adoption assistance under the age of six receives a basic payment and supplemental difficulty of care payment as specified in subdivision 5.
(f) A child transitioning in from a pre-Northstar Care for Children program under section 256N.28, subdivision 7, shall receive basic and difficulty of care supplemental payments according to those provisions.
Sec. 27. Minnesota Statutes 2013 Supplement, section 256N.27, subdivision 4, is amended to read:
Subd. 4. Nonfederal share. (a) The commissioner shall establish a percentage share of the maintenance payments, reduced by federal reimbursements under title IV-E of the Social Security Act, to be paid by the state and to be paid by the financially responsible agency.
(b) These state and local shares must initially be calculated based on the ratio of the average appropriate expenditures made by the state and all financially responsible agencies during calendar years 2011, 2012, 2013, and 2014. For purposes of this calculation, appropriate expenditures for the financially responsible agencies must include basic and difficulty of care payments for foster care reduced by federal reimbursements, but not including any initial clothing allowance, administrative payments to child care agencies specified in section 317A.907, child care, or other support or ancillary expenditures. For purposes of this calculation, appropriate expenditures for the state shall include adoption assistance and relative custody assistance, reduced by federal reimbursements.
(c) For each of the periods January 1, 2015, to June 30, 2016, and fiscal years 2017, 2018, and 2019, the commissioner shall adjust this initial percentage of state and local shares to reflect the relative expenditure trends during calendar years 2011, 2012, 2013, and 2014, taking into account appropriations for Northstar Care for Children and the turnover rates of the components. In making these adjustments, the commissioner's goal shall be to make these state and local expenditures other than the appropriations for Northstar Care for Children to be the same as they would have been had Northstar Care for Children not been implemented, or if that is not possible, proportionally higher or lower, as appropriate. Except for adjustments so that the costs of the phase-in are borne by the state, the state and local share percentages for fiscal year 2019 must be used for all subsequent years.
Sec. 28. Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
Subd. 11. Financial considerations. (a) Payment of relative custody assistance under a relative custody assistance agreement is subject to the availability of state funds and payments may be reduced or suspended on order of the commissioner if insufficient funds are available.
(b) Upon receipt from a local agency of
a claim for reimbursement, the commissioner shall reimburse the local agency in
an amount equal to 100 percent of the relative custody assistance payments
provided to relative custodians. The
A local agency may not seek and the commissioner shall not provide
reimbursement for the administrative costs associated with performing the
duties described in subdivision 4.
(c) For the purposes of determining eligibility or payment amounts under MFIP, relative custody assistance payments shall be excluded in determining the family's available income.
(d) For expenditures made on or before
December 31, 2014, upon receipt from a local agency of a claim for
reimbursement, the commissioner shall reimburse the local agency in an amount
equal to 100 percent of the relative custody assistance payments provided to
relative custodians.
(e) For expenditures made on or after
January 1, 2015, upon receipt from a local agency of a claim for reimbursement,
the commissioner shall reimburse the local agency as part of the Northstar Care
for Children fiscal reconciliation process under section 256N.27.
Sec. 29. Minnesota Statutes 2012, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to section 260C.227 or chapter 260D.
(b) An out-of-home placement plan means a written document which is prepared by the responsible social services agency jointly with the parent or parents or guardian of the child and in consultation with the child's guardian ad litem, the child's tribe, if the child is an Indian child, the child's foster parent or representative of the foster care facility, and, where appropriate, the child. For a child in voluntary foster care for treatment under chapter 260D, preparation of the out-of-home placement plan shall additionally include the child's mental health treatment provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the out-of-home placement plan is designed to achieve a safe placement for the child in the least restrictive, most family-like, setting available which is in close proximity to the home of the parent or parents or guardian of the child when the case plan goal is reunification, and how the placement is consistent with the best interests and special needs of the child according to the factors under subdivision 2, paragraph (b);
(2) the specific reasons for the placement of the child in foster care, and when reunification is the plan, a description of the problems or conditions in the home of the parent or parents which necessitated removal of the child from home and the changes the parent or parents must make in order for the child to safely return home;
(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;
(6) when a child cannot return to or be in
the care of either parent, documentation of steps to finalize the permanency
plan for the child, including:
(i) reasonable efforts to place the child
for adoption or legal guardianship of the child if the court has issued
an order terminating the rights of both parents of the child or of the only
known, living parent of the child. At
a minimum, the documentation must include consideration of whether adoption
is in the best interests of the child,
child-specific
recruitment efforts such as relative search and the use of state, regional, and
national adoption exchanges to facilitate orderly and timely placements in and
outside of the state. A copy of this
documentation shall be provided to the court in the review required under
section 260C.317, subdivision 3, paragraph (b); and
(ii) documentation necessary to support
the requirements of the kinship placement agreement under section 256N.22 when
adoption is determined not to be in the child's best interests;
(7) efforts to ensure the child's educational stability while in foster care, including:
(i) efforts to ensure that the child remains in the same school in which the child was enrolled prior to placement or upon the child's move from one placement to another, including efforts to work with the local education authorities to ensure the child's educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;
(8) the educational records of the child including the most recent information available regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(9) the efforts by the local agency to ensure the oversight and continuity of health care services for the foster child, including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals will be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;
(10) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;
(11) an independent living plan for a child age 16 or older. The plan should include, but not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;
(iv) money management, including the responsibility of the agency to ensure that the youth annually receives, at no cost to the youth, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the child's family and community; and
(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.
After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or permanent legal and physical custodian, as appropriate, and the child, if appropriate, must be provided with a current copy of the child's health and education record.
Sec. 30. Minnesota Statutes 2012, section 260C.515, subdivision 4, is amended to read:
Subd. 4. Custody
to relative. The court may order
permanent legal and physical custody to a fit and willing relative in
the best interests of the child according to the following conditions requirements:
(1) an order for transfer of permanent legal and physical custody to a relative shall only be made after the court has reviewed the suitability of the prospective legal and physical custodian;
(2) in transferring permanent legal and physical custody to a relative, the juvenile court shall follow the standards applicable under this chapter and chapter 260, and the procedures in the Minnesota Rules of Juvenile Protection Procedure;
(3) a transfer of legal and physical custody includes responsibility for the protection, education, care, and control of the child and decision making on behalf of the child;
(4) a permanent legal and physical custodian may not return a child to the permanent care of a parent from whom the court removed custody without the court's approval and without notice to the responsible social services agency;
(5) the social services agency may file a petition naming a fit and willing relative as a proposed permanent legal and physical custodian. A petition for transfer of permanent legal and physical custody to a relative who is not a parent shall be accompanied by a kinship placement agreement under section 256N.22, subdivision 2, between the agency and proposed permanent legal and physical custodian;
(6) another party to the permanency
proceeding regarding the child may file a petition to transfer permanent legal
and physical custody to a relative, but the. The petition must include facts upon
which the court can make the determination required under clause (7) and
must be filed not later than the date for the required admit-deny hearing under
section 260C.507; or if the agency's petition is filed under section 260C.503,
subdivision 2, the petition must be filed not later than 30 days prior to the
trial required under section 260C.509; and
(7) where a petition is for transfer of
permanent legal and physical custody to a relative who is not a parent, the
court must find that:
(i) transfer of permanent legal and
physical custody and receipt of Northstar kinship assistance under chapter
256N, when requested and the child is eligible, is in the child's best
interests;
(ii) adoption is not in the child's
best interests based on the determinations in the kinship placement agreement
required under section 256N.22, subdivision 2;
(iii) the agency made efforts to
discuss adoption with the child's parent or parents, or the agency did not make
efforts to discuss adoption and the reasons why efforts were not made; and
(iv) there are reasons to separate
siblings during placement, if applicable;
(8) the court may defer finalization of an order transferring permanent legal and physical custody to a relative when deferring finalization is necessary to determine eligibility for Northstar kinship assistance under chapter 256N;
(9) the court may finalize a permanent
transfer of physical and legal custody to a relative regardless of eligibility
for Northstar kinship assistance under chapter 256N; and
(7) (10) the juvenile court may maintain jurisdiction over the responsible social services agency, the parents or guardian of the child, the child, and the permanent legal and physical custodian for purposes of ensuring appropriate services are delivered to the child and permanent legal custodian for the purpose of ensuring conditions ordered by the court related to the care and custody of the child are met.
Sec. 31. Minnesota Statutes 2012, section 260C.611, is amended to read:
260C.611
ADOPTION STUDY REQUIRED.
(a) An adoption study under section
259.41 approving placement of the child in the home of the prospective adoptive
parent shall be completed before placing any child under the guardianship of
the commissioner in a home for adoption.
If a prospective adoptive parent has a current child foster care
license under chapter 245A and is seeking to adopt a foster child who is placed
in the prospective adoptive parent's home and is under the guardianship of the
commissioner according to section 260C.325, subdivision 1, the child foster
care home study meets the requirements of this section for an approved adoption
home study if:
(1) the written home study on which the
foster care license was based is completed in the commissioner's designated
format, consistent with the requirements in sections 259.41, subdivision 2; and
260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060,
subpart 4;
(2) the background studies on each
prospective adoptive parent and all required household members were completed
according to section 245C.33;
(3) the commissioner has not issued,
within the last three years, a sanction on the license under section 245A.07 or
an order of a conditional license under section 245A.06; and
(4) the legally responsible agency
determines that the individual needs of the child are being met by the prospective
adoptive parent through an assessment under section 256N.24, subdivision 2, or
a documented placement decision consistent with section 260C.212, subdivision
2.
(b) If a prospective adoptive parent has previously held a foster care license or adoptive home study, any update necessary to the foster care license, or updated or new adoptive home study, if not completed by the licensing authority responsible for the previous license or home study, shall include collateral information from the previous licensing or approving agency, if available.
Sec. 32. PARENT
AWARE QUALITY RATING AND IMPROVEMENT SYSTEM ACCESSIBILITY REPORT.
Subdivision 1. Recommendations. The commissioner of human services, in
consultation with representatives from the child care and early childhood
advocacy community, child care provider organizations, child care providers,
organizations administering Parent Aware, the Departments of Education and
Health, counties, and parents, shall make recommendations to the members of the
legislative committees having jurisdiction over health and human services
provisions and funding on increasing statewide accessibility for child care
providers to the Parent Aware quality rating and improvement system and for
increasing access to Parent Aware-rated programs for families with children. The recommendations must address the
following factors impacting accessibility:
(1) availability of rated and nonrated
programs by child care provider type, within rural and underserved areas, and
for different cultural and non-English-speaking groups;
(2) time and resources necessary for
child care providers to participate in Parent Aware at various rating levels,
including cultural and linguistic considerations;
(3)
federal child care development fund regulations; and
(4) other factors as determined by the
commissioner.
Subd. 2. Report. By February 15, 2015, the commissioner
of human services shall report to the legislative committees with jurisdiction
over the child care assistance programs and the Parent Aware quality rating and
improvement system with recommendations to increase access for families and
child care providers to Parent Aware, including benchmarks for achieving the
maximum participation in Parent Aware-rated child care programs by families receiving
child care assistance.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. RECOMMENDATIONS
FOR CULTURALLY APPROPRIATE OUTREACH.
The Cultural and Ethnic Communities
Leadership Council under Laws 2013, chapter 107, article 2, section 1, shall
review with the commissioner of human services the department's existing
competencies and strategies and provide recommendations on improving internal
competencies for culturally appropriate outreach to New American community
providers impacted by Minnesota Statutes, section 119B.09, subdivision 9a.
Sec. 34. REVISOR'S
INSTRUCTION.
The revisor of statutes shall change
the term "guardianship assistance" to "Northstar kinship
assistance" wherever it appears in Minnesota Statutes and Minnesota Rules
to refer to the program components related to Northstar Care for Children under
Minnesota Statutes, chapter 256N.
Sec. 35. REPEALER.
Minnesota Statutes 2013 Supplement,
section 256N.26, subdivision 7, is repealed.
ARTICLE 26
COMMUNITY FIRST SERVICES AND SUPPORTS
Section 1. Minnesota Statutes 2012, section 245C.03, is amended by adding a subdivision to read:
Subd. 8. Community
first services and supports organizations.
The commissioner shall conduct background studies on any
individual required under section 256B.85 to have a background study completed
under this chapter.
Sec. 2. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision to read:
Subd. 7. Community
first services and supports organizations.
(a) The commissioner shall conduct a background study of an
individual required to be studied under section 245C.03, subdivision 8, at
least upon application for initial enrollment under section 256B.85.
(b) Before an individual described in
section 245C.03, subdivision 8, begins a position allowing direct contact with
a person served by an organization required to initiate a background study
under section 256B.85, the organization must receive a notice from the
commissioner that the support worker is:
(1) not disqualified under section
245C.14; or
(2) disqualified, but the individual
has received a set-aside of the disqualification under section 245C.22.
Sec. 3. Minnesota Statutes 2012, section 245C.10, is amended by adding a subdivision to read:
Subd. 10. Community
first services and supports organizations.
The commissioner shall recover the cost of background studies
initiated by an agency-provider delivering services under section 256B.85,
subdivision 11, or a financial management services contractor providing service
functions under section 256B.85, subdivision 13, through a fee of no more than
$20 per study, charged to the organization responsible for submitting the
background study form. The fees
collected under this subdivision are appropriated to the commissioner for the
purpose of conducting background studies.
Sec. 4. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Activities of daily living" or "ADLs" means eating, toileting, grooming, dressing, bathing, mobility, positioning, and transferring.
(c) "Agency-provider model" means a method of CFSS under which a qualified agency provides services and supports through the agency's own employees and policies. The agency must allow the participant to have a significant role in the selection and dismissal of support workers of their choice for the delivery of their specific services and supports.
(d) "Behavior" means a description of a need for services and supports used to determine the home care rating and additional service units. The presence of Level I behavior is used to determine the home care rating. "Level I behavior" means physical aggression towards self or others or destruction of property that requires the immediate response of another person. If qualified for a home care rating as described in subdivision 8, additional service units can be added as described in subdivision 8, paragraph (f), for the following behaviors:
(1) Level I behavior;
(2) increased vulnerability due to cognitive deficits or socially inappropriate behavior; or
(3) increased need for assistance for recipients
participants who are verbally aggressive or resistive to care so that
time needed to perform activities of daily living is increased.
(e) "Budget model" means a
service delivery method of CFSS that allows the use of a service budget and
assistance from a financial management services (FMS) contractor for a
participant to directly employ support workers and purchase supports and goods.
(e) (f) "Complex
health-related needs" means an intervention listed in clauses (1) to (8)
that has been ordered by a physician, and is specified in a community support
plan, including:
(1) tube feedings requiring:
(i) a gastrojejunostomy tube; or
(ii) continuous tube feeding lasting longer than 12 hours per day;
(2) wounds described as:
(i) stage III or stage IV;
(ii) multiple wounds;
(iii) requiring sterile or clean dressing changes or a wound vac; or
(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require specialized care;
(3) parenteral therapy described as:
(i) IV therapy more than two times per week lasting longer than four hours for each treatment; or
(ii) total parenteral nutrition (TPN) daily;
(4) respiratory interventions, including:
(i) oxygen required more than eight hours per day;
(ii) respiratory vest more than one time per day;
(iii) bronchial drainage treatments more than two times per day;
(iv) sterile or clean suctioning more than six times per day;
(v) dependence on another to apply respiratory ventilation augmentation devices such as BiPAP and CPAP; and
(vi) ventilator dependence under section 256B.0652;
(5) insertion and maintenance of catheter, including:
(i) sterile catheter changes more than one time per month;
(ii) clean intermittent catheterization, and including self-catheterization more than six times per day; or
(iii) bladder irrigations;
(6) bowel program more than two times per week requiring more than 30 minutes to perform each time;
(7) neurological intervention, including:
(i) seizures more than two times per week and requiring significant physical assistance to maintain safety; or
(ii) swallowing disorders diagnosed by a physician and requiring specialized assistance from another on a daily basis; and
(8) other congenital or acquired diseases creating a need for significantly increased direct hands-on assistance and interventions in six to eight activities of daily living.
(f) (g) "Community
first services and supports" or "CFSS" means the assistance and
supports program under this section needed for accomplishing activities of
daily living, instrumental activities of daily living, and health-related tasks
through hands-on assistance to accomplish the task or constant supervision and
cueing to accomplish the task, or the purchase of goods as defined in
subdivision 7, paragraph (a), clause (3), that replace the need for
human assistance.
(g)
(h) "Community first services and supports service delivery
plan" or "service delivery plan" means a written summary of
document detailing the services and supports chosen by the
participant to meet assessed needs that is are within the
approved CFSS service authorization amount.
Services and supports are based on the community support plan
identified in section 256B.0911 and coordinated services and support plan and
budget identified in section 256B.0915, subdivision 6, if applicable, that is
determined by the participant to meet the assessed needs, using a
person-centered planning process.
(i) "Consultation services"
means a Minnesota health care program enrolled provider organization that is
under contract with the department and has the knowledge, skills, and ability
to assist CFSS participants in using either the agency-provider model under
subdivision 11 or the budget model under subdivision 13.
(h) (j) "Critical
activities of daily living" means transferring, mobility, eating, and
toileting.
(i) (k) "Dependency"
in activities of daily living means a person requires hands-on assistance or
constant supervision and cueing to accomplish one or more of the activities of
daily living every day or on the days during the week that the activity is
performed; however, a child may not be found to be dependent in an activity of
daily living if, because of the child's age, an adult would either perform the
activity for the child or assist the child with the activity and the assistance
needed is the assistance appropriate for a typical child of the same age.
(j) (l) "Extended
CFSS" means CFSS services and supports under the agency-provider model
included in a service plan through one of the home and community-based services
waivers and as approved and authorized under sections 256B.0915;
256B.092, subdivision 5; and 256B.49, which exceed the amount, duration, and
frequency of the state plan CFSS services for participants.
(k) (m) "Financial
management services contractor or vendor" or "FMS contractor"
means a qualified organization having required for participants using
the budget model under subdivision 13 that has a written contract with the
department to provide vendor fiscal/employer agent financial management
services necessary to use the budget model under subdivision 13 that (FMS). Services include but are not limited to: participant education and technical
assistance; CFSS service delivery planning and budgeting; filing and
payment of federal and state payroll taxes on behalf of the participant;
initiating criminal background checks; billing, making payments, and
for approved CFSS services with authorized funds; monitoring of
spending expenditures; accounting for and disbursing CFSS funds;
providing assistance in obtaining and filing for liability, workers'
compensation, and unemployment coverage; and assisting providing
participant instruction and technical assistance to the participant in
fulfilling employer-related requirements in accordance with Section 3504 of the
Internal Revenue Code and the Internal Revenue Service Revenue Procedure
70-6 related regulations and interpretations, including Code of Federal
Regulations, title 26, section 31.3504-1.
(l) "Budget model" means a
service delivery method of CFSS that allows the use of an individualized CFSS
service delivery plan and service budget and provides assistance from the
financial management services contractor to facilitate participant employment
of support workers and the acquisition of supports and goods.
(m) (n) "Health-related
procedures and tasks" means procedures and tasks related to the specific
needs of an individual that can be delegated taught or assigned
by a state-licensed healthcare or mental health professional and performed by a
support worker.
(n) (o) "Instrumental
activities of daily living" means activities related to living
independently in the community, including but not limited to: meal planning, preparation, and cooking;
shopping for food, clothing, or other essential items; laundry; housecleaning;
assistance with medications; managing finances; communicating needs and
preferences during activities; arranging supports; and assistance with
traveling around and participating in the community.
(o) (p) "Legal representative" means parent of a minor, a court-appointed guardian, or another representative with legal authority to make decisions about services and supports for the participant. Other representatives with legal authority to make decisions include but are not limited to a health care agent or an attorney-in-fact authorized through a health care directive or power of attorney.
(p) (q) "Medication
assistance" means providing verbal or visual reminders to take regularly
scheduled medication, and includes any of the following supports listed in
clauses (1) to (3) and other types of assistance, except that a support worker
may not determine medication dose or time for medication or inject medications
into veins, muscles, or skin:
(1) under the direction of the participant or the participant's representative, bringing medications to the participant including medications given through a nebulizer, opening a container of previously set-up medications, emptying the container into the participant's hand, opening and giving the medication in the original container to the participant, or bringing to the participant liquids or food to accompany the medication;
(2) organizing medications as directed by the participant or the participant's representative; and
(3) providing verbal or visual reminders to perform regularly scheduled medications.
(q) (r) "Participant's
representative" means a parent, family member, advocate, or other adult
authorized by the participant to serve as a representative in connection with
the provision of CFSS. This authorization
must be in writing or by another method that clearly indicates the
participant's free choice. The
participant's representative must have no financial interest in the provision
of any services included in the participant's service delivery plan and must be
capable of providing the support necessary to assist the participant in the use
of CFSS. If through the assessment
process described in subdivision 5 a participant is determined to be in need of
a participant's representative, one must be selected. If the participant is unable to assist in the
selection of a participant's representative, the legal representative shall
appoint one. Two persons may be
designated as a participant's representative for reasons such as divided
households and court-ordered custodies. Duties
of a participant's representatives may include:
(1) being available while care is services
are provided in a method agreed upon by the participant or the
participant's legal representative and documented in the participant's CFSS service
delivery plan;
(2) monitoring CFSS services to ensure the participant's CFSS service delivery plan is being followed; and
(3) reviewing and signing CFSS time sheets after services are provided to provide verification of the CFSS services.
(r) (s) "Person-centered
planning process" means a process that is directed by the participant to
plan for services and supports. The
person-centered planning process must:
(1) include people chosen by the participant;
(2) provide necessary information and support to ensure that the participant directs the process to the maximum extent possible, and is enabled to make informed choices and decisions;
(3) be timely and occur at time and locations of convenience to the participant;
(4) reflect cultural considerations of the participant;
(5) include strategies for solving conflict or disagreement within the process, including clear conflict-of-interest guidelines for all planning;
(6) provide the participant choices of the services and supports they receive and the staff providing those services and supports;
(7) include a method for the participant to request updates to the plan; and
(8) record the alternative home and community-based settings that were considered by the participant.
(s) (t) "Shared
services" means the provision of CFSS services by the same CFSS support
worker to two or three participants who voluntarily enter into an agreement to
receive services at the same time and in the same setting by the same provider
employer.
(t) "Support specialist" means
a professional with the skills and ability to assist the participant using
either the agency-provider model under subdivision 11 or the flexible spending
model under subdivision 13, in services including but not limited to assistance
regarding:
(1) the development, implementation,
and evaluation of the CFSS service delivery plan under subdivision 6;
(2) recruitment, training, or
supervision, including supervision of health-related tasks or behavioral
supports appropriately delegated or assigned by a health care professional, and
evaluation of support workers; and
(3) facilitating the use of informal
and community supports, goods, or resources.
(u) "Support worker" means an
a qualified and trained employee of the agency provider agency-provider
or of the participant employer under the budget model who has direct
contact with the participant and provides services as specified within the
participant's service delivery plan.
(v) "Wages and benefits" means the hourly wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, contributions to employee retirement accounts, or other forms of employee compensation and benefits.
(w) "Worker training and
development" means services for developing workers' skills as required by
the participant's individual CFSS delivery plan that are arranged for or provided
by the agency-provider or purchased by the participant employer. These services include training, education,
direct observation and supervision, and evaluation and coaching of job skills
and tasks, including supervision of health-related tasks or behavioral
supports.
Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) CFSS is available to a person who meets one of the following:
(1) is a recipient an enrollee
of medical assistance as determined under section 256B.055, 256B.056, or
256B.057, subdivisions 5 and 9;
(2) is a recipient of participant
in the alternative care program under section 256B.0913;
(3) is a waiver recipient participant
as defined under section 256B.0915, 256B.092, 256B.093, or 256B.49; or
(4) has medical services identified in a participant's individualized education program and is eligible for services as determined in section 256B.0625, subdivision 26.
(b) In addition to meeting the eligibility criteria in paragraph (a), a person must also meet all of the following:
(1) require assistance and be determined
dependent in one activity of daily living or Level I behavior based on
assessment under section 256B.0911; and
(2) is not a recipient of participant
under a family support grant under section 252.32; .
(3) lives in the person's own apartment
or home including a family foster care setting licensed under chapter 245A, but
not in corporate foster care under chapter 245A; or a noncertified boarding
care home or a boarding and lodging establishment under chapter 157.
Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 5, is amended to read:
Subd. 5. Assessment requirements. (a) The assessment of functional need must:
(1) be
conducted by a certified assessor according to the criteria established in
section 256B.0911, subdivision 3a;
(2) be conducted face-to-face, initially and at least annually thereafter, or when there is a significant change in the participant's condition or a change in the need for services and supports, or at the request of the participant when the participant experiences a change in condition or needs a change in the services or supports; and
(3) be completed using the format established by the commissioner.
(b) A participant who is residing in a
facility may be assessed and choose CFSS for the purpose of using CFSS to
return to the community as described in subdivisions 3 and 7, paragraph (a),
clause (5).
(c) (b) The results of the
assessment and any recommendations and authorizations for CFSS must be
determined and communicated in writing by the lead agency's certified assessor
as defined in section 256B.0911 to the participant and the agency-provider or financial
management services provider FMS contractor chosen by the
participant within 40 calendar days and must include the participant's right to
appeal under section 256.045, subdivision 3.
(d) (c) The lead agency
assessor may request authorize a temporary authorization for CFSS
services to be provided under the agency-provider model. Authorization for a temporary level of CFSS
services under the agency-provider model is limited to the time
specified by the commissioner, but shall not exceed 45 days. The level of services authorized under this provision
paragraph shall have no bearing on a future authorization. Participants approved for a temporary
authorization shall access the consultation service to complete their
orientation and selection of a service model.
Sec. 7. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 6, is amended to read:
Subd. 6. Community
first services and support service delivery plan. (a) The CFSS service delivery plan must
be developed, implemented, and evaluated through a person-centered
planning process by the participant, or the participant's representative or
legal representative who may be assisted by a support specialist consultation
services provider. The CFSS service
delivery plan must reflect the services and supports that are important to the
participant and for the participant to meet the needs assessed by the certified
assessor and identified in the community support plan under section 256B.0911,
subdivision 3, or the coordinated services and support plan identified in
section 256B.0915, subdivision 6, if applicable. The CFSS service delivery plan must be
reviewed by
the
participant, the consultation services provider, and the agency-provider
or financial management services FMS contractor prior to
starting services and at least annually upon reassessment, or when there is
a significant change in the participant's condition, or a change in the need
for services and supports.
(b) The commissioner shall establish the format and criteria for the CFSS service delivery plan.
(c) The CFSS service delivery plan must be person-centered and:
(1) specify the consultation services
provider, agency-provider, or financial management services FMS
contractor selected by the participant;
(2) reflect the setting in which the participant resides that is chosen by the participant;
(3) reflect the participant's strengths and preferences;
(4)
include the means to address the clinical and support needs as identified
through an assessment of functional needs;
(5) include individually identified goals and desired outcomes;
(6) reflect the services and supports, paid and unpaid, that will assist the participant to achieve identified goals, including the costs of the services and supports, and the providers of those services and supports, including natural supports;
(7) identify the amount and frequency of face-to-face supports and amount and frequency of remote supports and technology that will be used;
(8) identify risk factors and measures in place to minimize them, including individualized backup plans;
(9) be understandable to the participant and the individuals providing support;
(10) identify the individual or entity responsible for monitoring the plan;
(11) be finalized and agreed to in writing by the participant and signed by all individuals and providers responsible for its implementation;
(12) be distributed to the participant and
other people involved in the plan; and
(13) prevent the provision of unnecessary
or inappropriate care.;
(14) include a detailed budget for expenditures
for budget model participants or participants under the agency-provider model
if purchasing goods; and
(15) include a plan for worker training
and development detailing what service components will be used, when the
service components will be used, how they will be provided, and how these
service components relate to the participant's individual needs and CFSS
support worker services.
(d) The total units of agency-provider
services or the service budget allocation amount for the budget
model include both annual totals and a monthly average amount that cover the
number of months of the service authorization.
The amount used each month may vary, but additional funds must not be
provided above the annual service authorization amount unless a change in
condition is assessed and authorized by the certified assessor and documented
in the community support plan, coordinated services and supports plan, and CFSS
service delivery plan.
(e)
In assisting with the development or modification of the plan during the
authorization time period, the consultation services provider shall:
(1) consult with the FMS contractor on
the spending budget when applicable; and
(2) consult with the participant or
participant's representative, agency-provider, and case manager/care
coordinator.
(f) The service plan must be approved
by the consultation services provider for participants without a case
manager/care coordinator. A case
manager/care coordinator must approve the plan for a waiver or alternative care
program participant.
Sec. 8. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 7, is amended to read:
Subd. 7. Community
first services and supports; covered services.
Within the service unit authorization or service budget allocation
amount, services and supports covered under CFSS include:
(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of daily living (IADLs), and health-related procedures and tasks through hands-on assistance to accomplish the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to accomplish activities of daily living, instrumental activities of daily living, or health-related tasks;
(3) expenditures for items, services, supports, environmental modifications, or goods, including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan;
(ii) increase independence or substitute for human assistance to the extent that expenditures would otherwise be made for human assistance for the participant's assessed needs;
(4) observation and redirection for
behavior or symptoms where there is a need for assistance. An assessment of behaviors must meet the
criteria in this clause. A recipient
participant qualifies as having a need for assistance due to behaviors
if the recipient's participant's behavior requires assistance at
least four times per week and shows one or more of the following behaviors:
(i) physical aggression towards self or others, or destruction of property that requires the immediate response of another person;
(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior; or
(iii) increased need for assistance for recipients
participants who are verbally aggressive or resistive to care so that
time needed to perform activities of daily living is increased;
(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices, to ensure continuity of the participant's services and supports;
(6) transition costs, including:
(i) deposits for rent and utilities;
(ii)
first month's rent and utilities;
(iii) bedding;
(iv) basic kitchen supplies;
(v) other necessities, to the extent
that these necessities are not otherwise covered under any other funding that
the participant is eligible to receive; and
(vi) other required necessities for an
individual to make the transition from a nursing facility, institution for
mental diseases, or intermediate care facility for persons with developmental
disabilities to a community-based home setting where the participant resides;
and
(7) (6) services provided
by a support specialist consultation services provider under contract
with the department and enrolled as a Minnesota health care program provider as
defined under subdivision 2 that are chosen by the participant. 17;
(7) services provided by an FMS
contractor under contract with the department as defined under subdivision 13;
(8) CFSS services provided by a
qualified support worker who is a parent, stepparent, or legal guardian of a
participant under age 18, or who is the participant's spouse. These support workers shall not provide any
medical assistance home and community-based services in excess of 40 hours per
seven-day period regardless of the number of parents, combination of parents
and spouses, or number of children who receive medical assistance services; and
(9) worker training and development
services as defined in subdivision 2, paragraph (w), and described in
subdivision 18a.
Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 8, is amended to read:
Subd. 8. Determination of CFSS service methodology. (a) All community first services and supports must be authorized by the commissioner or the commissioner's designee before services begin, except for the assessments established in section 256B.0911. The authorization for CFSS must be completed as soon as possible following an assessment but no later than 40 calendar days from the date of the assessment.
(b) The amount of CFSS authorized must be
based on the recipient's participant's home care rating described
in paragraphs (d) and (e) and any additional service units for which the person
participant qualifies as described in paragraph (f).
(c) The home care rating shall be
determined by the commissioner or the commissioner's designee based on
information submitted to the commissioner identifying the following for a recipient
participant:
(1) the total number of dependencies of activities of daily living as defined in subdivision 2, paragraph (b);
(2) the presence of complex health-related needs as defined in subdivision 2, paragraph (e); and
(3) the presence of Level I behavior as
defined in subdivision 2, paragraph (d), clause (1).
(d) The methodology to determine the total service units for CFSS for each home care rating is based on the median paid units per day for each home care rating from fiscal year 2007 data for the PCA program.
(e) Each home care rating is designated by the letters P through Z and EN and has the following base number of service units assigned:
(1) P home care rating requires Level I behavior or one to three dependencies in ADLs and qualifies one for five service units;
(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs and qualifies one for six service units;
(3) R home care rating requires a complex health-related need and one to three dependencies in ADLs and qualifies one for seven service units;
(4) S home care rating requires four to six dependencies in ADLs and qualifies one for ten service units;
(5) T home care rating requires four to six dependencies in ADLs and Level I behavior and qualifies one for 11 service units;
(6) U home care rating requires four to six dependencies in ADLs and a complex health-related need and qualifies one for 14 service units;
(7) V home care rating requires seven to eight dependencies in ADLs and qualifies one for 17 service units;
(8) W home care rating requires seven to eight dependencies in ADLs and Level I behavior and qualifies one for 20 service units;
(9) Z home care rating requires seven to eight dependencies in ADLs and a complex health-related need and qualifies one for 30 service units; and
(10) EN home care rating includes
ventilator dependency as defined in section 256B.0651, subdivision 1, paragraph
(g). Recipients Participants
who meet the definition of ventilator-dependent and the EN home care rating and
utilize a combination of CFSS and other home care services are limited to a
total of 96 service units per day for those services in combination. Additional units may be authorized when a recipient's
participant's assessment indicates a need for two staff to perform
activities. Additional time is limited
to 16 service units per day.
(f) Additional service units are provided through the assessment and identification of the following:
(1) 30 additional minutes per day for a
dependency in each critical activity of daily living as defined in subdivision
2, paragraph (h) (j);
(2) 30 additional minutes per day for each
complex health-related function as defined in subdivision 2, paragraph (e)
(f); and
(3) 30 additional minutes per day for each behavior issue as defined in subdivision 2, paragraph (d).
(g) The service budget for budget model
participants shall be based on:
(1) assessed units as determined by the
home care rating; and
(2) an adjustment needed for
administrative expenses.
Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 9, is amended to read:
Subd. 9. Noncovered services. (a) Services or supports that are not eligible for payment under this section include those that:
(1) are not authorized by the certified assessor or included in the written service delivery plan;
(2) are provided prior to the authorization of services and the approval of the written CFSS service delivery plan;
(3) are duplicative of other paid services in the written service delivery plan;
(4) supplant natural unpaid supports that appropriately meet a need in the service plan, are provided voluntarily to the participant, and are selected by the participant in lieu of other services and supports;
(5) are not effective means to meet the participant's needs; and
(6) are available through other funding sources, including, but not limited to, funding through title IV-E of the Social Security Act.
(b) Additional services, goods, or supports that are not covered include:
(1) those that are not for the direct benefit of the participant, except that services for caregivers such as training to improve the ability to provide CFSS are considered to directly benefit the participant if chosen by the participant and approved in the support plan;
(2) any fees incurred by the participant, such as Minnesota health care programs fees and co-pays, legal fees, or costs related to advocate agencies;
(3) insurance, except for insurance costs related to employee coverage;
(4) room and board costs for the
participant with the exception of allowable transition costs in subdivision
7, clause (6);
(5) services, supports, or goods that are not related to the assessed needs;
(6) special education and related services provided under the Individuals with Disabilities Education Act and vocational rehabilitation services provided under the Rehabilitation Act of 1973;
(7) assistive technology devices and assistive technology services other than those for back-up systems or mechanisms to ensure continuity of service and supports listed in subdivision 7;
(8) medical supplies and equipment covered under medical assistance;
(9) environmental modifications, except as specified in subdivision 7;
(10) expenses for travel, lodging, or
meals related to training the participant, or the participant's
representative, or legal representative, or paid or unpaid
caregivers that exceed $500 in a 12-month period;
(11) experimental treatments;
(12) any service or good covered by other medical assistance state plan services, including prescription and over-the-counter medications, compounds, and solutions and related fees, including premiums and co-payments;
(13) membership dues or costs, except when
the service is necessary and appropriate to treat a physical health
condition or to improve or maintain the participant's physical health
condition. The condition must be
identified in the participant's CFSS plan and monitored by a physician
enrolled in a Minnesota health care program enrolled physician;
(14) vacation expenses other than the cost of direct services;
(15) vehicle maintenance or modifications
not related to the disability, health condition, or physical need; and
(16) tickets and related costs to attend
sporting or other recreational or entertainment events.;
(17) services provided and billed by a
provider who is not an enrolled CFSS provider;
(18) CFSS provided by a participant's
representative or paid legal guardian;
(19) services that are used solely as a
child care or babysitting service;
(20) services that are the
responsibility or in the daily rate of a residential or program license holder
under the terms of a service agreement and administrative rules;
(21) sterile procedures;
(22) giving of injections into veins,
muscles, or skin;
(23) homemaker services that are not an
integral part of the assessed CFSS service;
(24) home maintenance or chore
services;
(25) home care services, including
hospice services if elected by the participant, covered by Medicare or any
other insurance held by the participant;
(26) services to other members of the
participant's household;
(27) services not specified as covered
under medical assistance as CFSS;
(28) application of restraints or
implementation of deprivation procedures;
(29) assessments by CFSS provider
organizations or by independently enrolled registered nurses;
(30) services provided in lieu of
legally required staffing in a residential or child care setting; and
(31) services provided by the
residential or program license holder in a residence for more than four
persons.
Sec. 11. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 10, is amended to read:
Subd. 10. Provider
Agency-provider and FMS contractor qualifications and, general
requirements, and duties. (a)
Agency-providers delivering services under the agency-provider model under
subdivision 11 or financial management service (FMS) FMS
contractors under subdivision 13 shall:
(1) enroll as a medical assistance Minnesota health care programs provider and meet all applicable provider standards and requirements;
(2) comply with medical assistance
provider enrollment requirements;
(3) (2) demonstrate
compliance with law federal and state laws and policies of
for CFSS as determined by the commissioner;
(4) (3) comply with
background study requirements under chapter 245C and maintain documentation
of background study requests and results;
(5) (4) verify and maintain
records of all services and expenditures by the participant, including hours
worked by support workers and support specialists;
(6) (5) not engage in any
agency-initiated direct contact or marketing in person, by telephone, or other
electronic means to potential participants, guardians, family members, or
participants' representatives;
(6) directly provide services and not
use a subcontractor or reporting agent;
(7) meet the financial requirements
established by the commissioner for financial solvency;
(8) have never had a lead agency
contract or provider agreement discontinued due to fraud, or have never had an
owner, board member, or manager fail a state or FBI-based criminal background
check while enrolled or seeking enrollment as a Minnesota health care programs
provider;
(9) have established business practices
that include written policies and procedures, internal controls, and a system
that demonstrates the organization's ability to deliver quality CFSS; and
(10) have an office located in
Minnesota.
(b) In conducting general duties,
agency-providers and FMS contractors shall:
(7) (1) pay support workers and
support specialists based upon actual hours of services provided;
(2) pay for worker training and
development services based upon actual hours of services provided or the unit
cost of the training session purchased;
(8) (3) withhold and pay all
applicable federal and state payroll taxes;
(9) (4) make arrangements and
pay unemployment insurance, taxes, workers' compensation, liability insurance,
and other benefits, if any;
(10) (5) enter into a written
agreement with the participant, participant's representative, or legal
representative that assigns roles and responsibilities to be performed before
services, supports, or goods are provided using a format established by the
commissioner;
(11) (6) report maltreatment
as required under sections 626.556 and 626.557; and
(12) (7) provide the
participant with a copy of the service-related rights under subdivision 20 at
the start of services and supports.; and
(8) comply with any data requests from
the department consistent with the Minnesota Government Data Practices Act
under chapter 13.
Sec. 12. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 11, is amended to read:
Subd. 11. Agency-provider
model. (a) The agency-provider model
is limited to the includes services provided by support workers
and support specialists staff providing worker training and
development services who are employed by an agency-provider that is
licensed according to chapter 245A or meets other criteria established by the
commissioner, including required training.
(b) The agency-provider shall allow the participant to have a significant role in the selection and dismissal of the support workers for the delivery of the services and supports specified in the participant's service delivery plan.
(c) A participant may use authorized units of CFSS services as needed within a service authorization that is not greater than 12 months. Using authorized units in a flexible manner in either the agency-provider model or the budget model does not increase the total amount of services and supports authorized for a participant or included in the participant's service delivery plan.
(d) A participant may share CFSS services. Two or three CFSS participants may share services at the same time provided by the same support worker.
(e) The agency-provider must use a minimum
of 72.5 percent of the revenue generated by the medical assistance payment for
CFSS for support worker wages and benefits.
The agency-provider must document how this requirement is being met. The revenue generated by the support
specialist worker training and development services and the
reasonable costs associated with the support specialist worker
training and development services must not be used in making this
calculation.
(f) The agency-provider model must be used by individuals who have been restricted by the Minnesota restricted recipient program under Minnesota Rules, parts 9505.2160 to 9505.2245.
(g) Participants purchasing goods under
this model, along with support worker services, must:
(1) specify the goods in the service
delivery plan and detailed budget for expenditures that must be approved by the
consultation services provider or the case manager/care coordinator; and
(2) use the FMS contractor for the
billing and payment of such goods.
Sec. 13. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is amended to read:
Subd. 12. Requirements
for enrollment of CFSS provider agency-provider agencies. (a) All CFSS provider agencies agency-providers
must provide, at the time of enrollment, reenrollment, and revalidation as a
CFSS provider agency agency-provider in a format determined by
the commissioner, information and documentation that includes, but is not
limited to, the following:
(1) the CFSS provider agency's agency-provider's
current contact information including address, telephone number, and e-mail
address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider
agency's agency-provider's Medicaid revenue in the previous calendar
year is less than or equal to $300,000, the provider agency agency-provider
must purchase a performance bond of $50,000.
If the provider agency's agency-provider's Medicaid
revenue in the previous calendar year is greater than $300,000, the provider
agency agency-provider must purchase a performance bond of $100,000. The performance bond must be in a form
approved by the commissioner, must be renewed annually, and must allow for
recovery of costs and fees in pursuing a claim on the bond;
(3) proof of fidelity bond coverage in the amount of $20,000;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a description of the CFSS provider
agency's agency-provider's organization identifying the names of all
owners, managing employees, staff, board of directors, and the affiliations of
the directors, and owners, or staff to other service
providers;
(7) a copy of the CFSS provider
agency's agency-provider's written policies and procedures
including: hiring of employees; training
requirements; service delivery; and employee and consumer safety including
process for notification and resolution of consumer grievances, identification
and prevention of communicable diseases, and employee misconduct;
(8) copies of all other forms the CFSS provider
agency agency-provider uses in the course of daily business
including, but not limited to:
(i) a copy of the CFSS provider
agency's agency-provider's time sheet if the time sheet varies from
the standard time sheet for CFSS services approved by the commissioner, and a
letter requesting approval of the CFSS provider agency's agency-provider's
nonstandard time sheet; and
(ii) the a copy of the
participant's individual CFSS provider agency's template for the CFSS
care service delivery plan;
(9) a list of all training and classes
that the CFSS provider agency agency-provider requires of its
staff providing CFSS services;
(10) documentation that the CFSS provider
agency agency-provider and staff have successfully completed all the
training required by this section;
(11) documentation of the agency's agency-provider's
marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties that are used or could be used for providing home care services;
(13) documentation that the agency agency-provider
will use at least the following percentages of revenue generated from the
medical assistance rate paid for CFSS services for employee personal care
assistant CFSS support worker wages and benefits: 72.5 percent of revenue from CFSS providers. The revenue generated by the support
specialist worker training and development services and the
reasonable costs associated with the support specialist worker
training and development services shall not be used in making this
calculation; and
(14) documentation that the agency agency-provider
does not burden recipients' participants' free exercise of their
right to choose service providers by requiring personal care assistants CFSS
support workers to sign an agreement not to work with any particular CFSS recipient
participant or for another CFSS provider agency agency-provider
after leaving the agency and that the agency is not taking action on any such
agreements or requirements regardless of the date signed.
(b) CFSS provider agencies agency-providers
shall provide to the commissioner the information specified in paragraph (a).
(c)
All CFSS provider agencies agency-providers shall require all
employees in management and supervisory positions and owners of the agency who
are active in the day-to-day management and operations of the agency to
complete mandatory training as determined by the commissioner. Employees in management and supervisory
positions and owners who are active in the day-to-day operations of an agency
who have completed the required training as an employee with a CFSS provider
agency agency-provider do not need to repeat the required training
if they are hired by another agency, if they have completed the training within
the past three years. CFSS provider
agency agency-provider billing staff shall complete training about
CFSS program financial management. Any
new owners or employees in management and supervisory positions involved in the
day-to-day operations are required to complete mandatory training as a
requisite of working for the agency. CFSS
provider agencies certified for participation in Medicare as home health
agencies are exempt from the training required in this subdivision.
(d) The commissioner shall send annual
review notifications to agency-providers 30 days prior to renewal. The notification must:
(1) list the materials and information
the agency-provider is required to submit;
(2) provide instructions on submitting
information to the commissioner; and
(3) provide a due date by which the
commissioner must receive the requested information.
Agency-providers shall submit the required documentation
for annual review within 30 days of notification from the commissioner. If no documentation is submitted, the
agency-provider enrollment number must be terminated or suspended.
Sec. 14. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 13, is amended to read:
Subd. 13. Budget
model. (a) Under the budget model
participants can may exercise more responsibility and
control over the services and supports described and budgeted within the CFSS
service delivery plan. Participants
must use services provided by an FMS contractor as defined in subdivision 2,
paragraph (m). Under this model,
participants may use their approved service budget allocation to:
(1) directly employ support workers,
and pay wages, federal and state payroll taxes, and premiums for workers'
compensation, liability, and health insurance coverage; and
(2) obtain supports and goods as defined
in subdivision 7; and.
(3) choose a range of support
assistance services from the financial management services (FMS) contractor
related to:
(i) assistance in managing the budget
to meet the service delivery plan needs, consistent with federal and state laws
and regulations;
(ii) the employment, training,
supervision, and evaluation of workers by the participant;
(iii) acquisition and payment for
supports and goods; and
(iv) evaluation of individual service
outcomes as needed for the scope of the participant's degree of control and
responsibility.
(b) Participants who are unable to fulfill any of the functions listed in paragraph (a) may authorize a legal representative or participant's representative to do so on their behalf.
(c)
The commissioner shall disenroll or exclude participants from the budget model
and transfer them to the agency-provider model under, but not limited to, the
following circumstances:
(1) when a participant has been
restricted by the Minnesota restricted recipient program, in which case the
participant may be excluded for a specified time period under Minnesota Rules,
parts 9505.2160 to 9505.2245;
(2) when a participant exits the budget
model during the participant's service plan year. Upon transfer, the participant shall not
access the budget model for the remainder of that service plan year; or
(3) when the department determines that
the participant or participant's representative or legal representative cannot
manage participant responsibilities under the budget model. The commissioner must develop policies for
determining if a participant is unable to manage responsibilities under the
budget model.
(d) A participant may appeal in writing
to the department under section 256.045, subdivision 3, to contest the
department's decision under paragraph (c), clause (3), to disenroll or exclude
the participant from the budget model.
(c) (e) The FMS contractor
shall not provide CFSS services and supports under the agency-provider service
model.
(f) The FMS contractor shall provide service functions as determined by the commissioner for budget model participants that include but are not limited to:
(1) information and consultation about
CFSS;
(2) (1) assistance with the
development of the detailed budget for expenditures portion of the
service delivery plan and budget model as requested by the consultation
services provider or participant;
(3) (2) billing and making
payments for budget model expenditures;
(4) (3) assisting
participants in fulfilling employer-related requirements according to Internal
Revenue Service Revenue Procedure 70-6, section 3504, Agency Employer Tax
Liability, regulation 137036-08 section 3504 of the Internal Revenue
Code and related regulations and interpretations, including Code of Federal
Regulations, title 26, section 31.3504-1, which includes assistance with
filing and paying payroll taxes, and obtaining worker compensation coverage;
(5) (4) data recording and
reporting of participant spending; and
(6) (5) other duties
established in the contract with the department, including with respect to
providing assistance to the participant, participant's representative, or legal
representative in performing their employer responsibilities regarding support
workers. The support worker shall not be
considered the employee of the financial management services FMS
contractor.; and
(6) billing, payment, and accounting of
approved expenditures for goods for agency-provider participants.
(d) A participant who requests to
purchase goods and supports along with support worker services under the
agency-provider model must use the budget model with a service delivery plan
that specifies the amount of services to be authorized to the agency-provider
and the expenditures to be paid by the FMS contractor.
(e) (g) The FMS contractor shall:
(1) not limit or restrict the participant's choice of service or support providers or service delivery models consistent with any applicable state and federal requirements;
(2) provide the participant,
consultation services provider, and the targeted case manager or
care coordinator, if applicable, with a monthly written summary of the
spending for services and supports that were billed against the spending
budget;
(3) be knowledgeable of state and federal
employment regulations, including those under the Fair Labor Standards Act of
1938, and comply with the requirements under the Internal Revenue Service
Revenue Procedure 70-6, Section 3504, section 3504 of the Internal Revenue
Code and related regulations and interpretations, including Code of Federal
Regulations, title 26, section 31.3504-1, regarding agency employer tax
liability for vendor or fiscal employer agent, and any requirements necessary
to process employer and employee deductions, provide appropriate and timely
submission of employer tax liabilities, and maintain documentation to support
medical assistance claims;
(4) have current and adequate liability insurance and bonding and sufficient cash flow as determined by the commissioner and have on staff or under contract a certified public accountant or an individual with a baccalaureate degree in accounting;
(5) assume fiscal accountability for state funds designated for the program and be held liable for any overpayments or violations of applicable statutes or rules, including but not limited to the Minnesota False Claims Act, chapter 15C; and
(6) maintain documentation of receipts,
invoices, and bills to track all services and supports expenditures for any goods
purchased and maintain time records of support workers. The documentation and time records must be
maintained for a minimum of five years from the claim date and be available for
audit or review upon request by the commissioner. Claims submitted by the FMS contractor to the
commissioner for payment must correspond with services, amounts, and time
periods as authorized in the participant's spending service
budget and service plan and must contain specific identifying information as
determined by the commissioner.
(f) (h) The commissioner of
human services shall:
(1) establish rates and payment methodology for the FMS contractor;
(2) identify a process to ensure quality and performance standards for the FMS contractor and ensure statewide access to FMS contractors; and
(3) establish a uniform protocol for delivering and administering CFSS services to be used by eligible FMS contractors.
(g) The commissioner of human services
shall disenroll or exclude participants from the budget model and transfer them
to the agency-provider model under the following circumstances that include but
are not limited to:
(1) when a participant has been
restricted by the Minnesota restricted recipient program, the participant may
be excluded for a specified time period under Minnesota Rules, parts 9505.2160
to 9505.2245;
(2) when a participant exits the budget
model during the participant's service plan year. Upon transfer, the participant shall not
access the budget model for the remainder of that service plan year; or
(3)
when the department determines that the participant or participant's
representative or legal representative cannot manage participant
responsibilities under the budget model.
The commissioner must develop policies for determining if a participant
is unable to manage responsibilities under a budget model.
(h) A participant may appeal under
section 256.045, subdivision 3, in writing to the department to contest the
department's decision under paragraph (c), clause (3), to remove or exclude the
participant from the budget model.
Sec. 15. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 15, is amended to read:
Subd. 15. Documentation
of support services provided. (a)
Support services provided to a participant by a support worker employed by
either an agency-provider or the participant acting as the employer must be
documented daily by each support worker, on a time sheet form approved by the
commissioner. All documentation may be
Web-based, electronic, or paper documentation.
The completed form must be submitted on a monthly regular
basis to the provider or the participant and the FMS contractor selected by the
participant to provide assistance with meeting the participant's employer
obligations and kept in the recipient's health participant's
record.
(b) The activity documentation must
correspond to the written service delivery plan and be reviewed by the
agency-provider or the participant and the FMS contractor when the participant
is acting as the employer of the support worker.
(c) The time sheet must be on a form
approved by the commissioner documenting time the support worker provides
services in the home to the participant. The following criteria must be included in
the time sheet:
(1) full name of the support worker and individual provider number;
(2) provider agency-provider
name and telephone numbers, if an agency-provider is responsible for
delivery services under the written service plan;
(3) full name of the participant;
(4) consecutive dates, including month, day, and year, and arrival and departure times with a.m. or p.m. notations;
(5) signatures of the participant or the participant's representative;
(6) personal signature of the support worker;
(7) any shared care provided, if applicable;
(8) a statement that it is a federal crime to provide false information on CFSS billings for medical assistance payments; and
(9) dates and location of recipient participant
stays in a hospital, care facility, or incarceration.
Sec. 16. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 16, is amended to read:
Subd. 16. Support workers requirements. (a) Support workers shall:
(1) enroll with the department as a support worker after a background study under chapter 245C has been completed and the support worker has received a notice from the commissioner that:
(i) the support worker is not disqualified under section 245C.14; or
(ii) is disqualified, but the support worker has received a set-aside of the disqualification under section 245C.22;
(2) have the ability to effectively communicate with the participant or the participant's representative;
(3) have the skills and ability to provide
the services and supports according to the person's participant's
CFSS service delivery plan and respond appropriately to the participant's
needs;
(4) not be a participant of CFSS, unless the support services provided by the support worker differ from those provided to the support worker;
(5) complete the basic standardized training as determined by the commissioner before completing enrollment. The training must be available in languages other than English and to those who need accommodations due to disabilities. Support worker training must include successful completion of the following training components: basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of support workers including information about basic body mechanics, emergency preparedness, orientation to positive behavioral practices, orientation to responding to a mental health crisis, fraud issues, time cards and documentation, and an overview of person-centered planning and self-direction. Upon completion of the training components, the support worker must pass the certification test to provide assistance to participants;
(6) complete training and orientation on the participant's individual needs; and
(7) maintain the privacy and confidentiality of the participant, and not independently determine the medication dose or time for medications for the participant.
(b) The commissioner may deny or terminate a support worker's provider enrollment and provider number if the support worker:
(1) lacks the skills, knowledge, or ability to adequately or safely perform the required work;
(2) fails to provide the authorized services required by the participant employer;
(3) has been intoxicated by alcohol or drugs while providing authorized services to the participant or while in the participant's home;
(4) has manufactured or distributed drugs while providing authorized services to the participant or while in the participant's home; or
(5) has been excluded as a provider by the commissioner of human services, or the United States Department of Health and Human Services, Office of Inspector General, from participation in Medicaid, Medicare, or any other federal health care program.
(c) A support worker may appeal in writing to the commissioner to contest the decision to terminate the support worker's provider enrollment and provider number.
(d) A support worker must not provide
or be paid for more than 275 hours of CFSS per month, regardless of the number
of participants the support worker serves or the number of agency-providers or
participant employers by which the support worker is employed. The department shall not disallow the number
of hours per day a support worker works unless it violates other law.
Sec. 17. Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding a subdivision to read:
Subd. 16a. Exception
to support worker requirements for continuity of services. The support worker for a participant
may be allowed to enroll with a different CFSS agency-provider or FMS
contractor upon initiation, rather than completion, of a new background study
according to chapter 245C, if the following conditions are met:
(1) the commissioner determines that
the support worker's change in enrollment or affiliation is needed to ensure
continuity of services and protect the health and safety of the participant;
(2) the chosen agency-provider or FMS
contractor has been continuously enrolled as a CFSS agency-provider or FMS
contractor for at least two years or since the inception of the CFSS program,
whichever is shorter;
(3) the participant served by the
support worker chooses to transfer to the CFSS agency-provider or the FMS
contractor to which the support worker is transferring;
(4) the support worker has been
continuously enrolled with the former CFSS agency-provider or FMS contractor
since the support worker's last background study was completed; and
(5) the support worker continues to meet requirements of subdivision 16, excluding paragraph (a), clause (1).
Sec. 18. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 17, is amended to read:
Subd. 17. Support
specialist requirements and payments Consultation services description
and duties. The commissioner
shall develop qualifications, scope of functions, and payment rates and service
limits for a support specialist that may provide additional or specialized
assistance necessary to plan, implement, arrange, augment, or evaluate services
and supports.
(a) Consultation services means
providing assistance to the participant in making informed choices regarding
CFSS services in general, and self-directed tasks in particular, and in
developing a person-centered service delivery plan to achieve quality service
outcomes.
(b) Consultation services is a required
service that may include but is not limited to:
(1) an initial and annual orientation
to CFSS information and policies, including selecting a service model;
(2) assistance with the development,
implementation, management, and evaluation of the person-centered service
delivery plan;
(3) consultation on recruiting,
selecting, training, managing, directing, evaluating, and supervising support
workers;
(4) reviewing the use of and access to
informal and community supports, goods, or resources;
(5) assistance with fulfilling
responsibilities and requirements of CFSS, including modifying service delivery
plans and changing service models; and
(6) assistance with accessing FMS
contractors or agency-providers.
(c) Duties of a consultation services
provider shall include but are not limited to:
(1) review and finalization of the CFSS
service delivery plan by the consultation services provider organization;
(2)
distribution of copies of the final service delivery plan to the participant
and to the agency-provider or FMS contractor, case manager/care coordinator,
and other designated parties;
(3) an evaluation of services upon
receiving information from an FMS contractor indicating spending or participant
employer concerns;
(4) a semiannual review of services if
the participant does not have a case manager/care coordinator and when the
support worker is a paid parent of a minor participant or the participant's
spouse;
(5) collection and reporting of data as
required by the department; and
(6) providing the participant with a
copy of the service-related rights under subdivision 20 at the start of consultation
services.
Sec. 19. Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding a subdivision to read:
Subd. 17a. Consultation
services provider qualifications and requirements. The commissioner shall develop the
qualifications and requirements for providers of consultation services under
subdivision 17. These providers must
satisfy at least the following qualifications and requirements:
(1) are under contract with the
department;
(2) are not the FMS contractor as
defined in subdivision 2, paragraph (m), the CFSS or home and community-based
services waiver agency-provider or vendor to the participant, or a lead agency;
(3) meet the service standards as
established by the commissioner;
(4) employ lead professional staff with
a minimum of three years of experience in providing support planning, support
broker, or consultation services and consumer education to participants using a
self-directed program using FMS under medical assistance;
(5) are knowledgeable about CFSS roles and
responsibilities including those of the certified assessor, FMS contractor,
agency-provider, and case manager/care coordinator;
(6) comply with medical assistance
provider requirements;
(7) understand the CFSS program and its
policies;
(8) are knowledgeable about
self-directed principles and the application of the person-centered planning
process;
(9) have general knowledge of the FMS
contractor duties and participant employment model, including all applicable
federal, state, and local laws and regulations regarding tax, labor,
employment, and liability and workers' compensation coverage for household
workers; and
(10) have all employees, including lead
professional staff, staff in management and supervisory positions, and owners
of the agency who are active in the day-to-day management and operations of the
agency, complete training as specified in the contract with the department.
Sec. 20. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 18, is amended to read:
Subd. 18. Service unit and budget allocation requirements and limits. (a) For the agency-provider model, services will be authorized in units of service. The total service unit amount must be established based upon the assessed need for CFSS services, and must not exceed the maximum number of units available as determined under subdivision 8.
(b) For the budget model, the service
budget allocation allowed for services and supports is established by
multiplying the number of units authorized under subdivision 8 by the payment
rate established by the commissioner defined in subdivision 8, paragraph
(g).
Sec. 21. Minnesota Statutes 2013 Supplement, section 256B.85, is amended by adding a subdivision to read:
Subd. 18a. Worker
training and development services. (a)
The commissioner shall develop the scope of tasks and functions, service
standards, and service limits for worker training and development services.
(b) Worker training and development
services are in addition to the participant's assessed service units or service
budget. Services provided according to
this subdivision must:
(1) help support workers obtain and
expand the skills and knowledge necessary to ensure competency in providing
quality services as needed and defined in the participant's service delivery
plan;
(2) be provided or arranged for by the
agency-provider under subdivision 11 or purchased by the participant employer
under the budget model under subdivision 13; and
(3) be described in the participant's
CFSS service delivery plan and documented in the participant's file.
(c) Services covered under worker
training and development shall include:
(1) support worker training on the
participant's individual assessed needs, condition, or both, provided
individually or in a group setting by a skilled and knowledgeable trainer
beyond any training the participant or participant's representative provides;
(2) tuition for professional classes
and workshops for the participant's support workers that relate to the
participant's assessed needs, condition, or both;
(3) direct observation, monitoring,
coaching, and documentation of support worker job skills and tasks, beyond any
training the participant or participant's representative provides, including
supervision of health-related tasks or behavioral supports that is conducted by
an appropriate professional based on the participant's assessed needs. These services must be provided within 14
days of the start of services or the start of a new support worker except as
provided in paragraph (d) and must be specified in the participant's service
delivery plan; and
(4) reporting service and support
concerns to the appropriate provider.
(d) The services in paragraph (c),
clause (3), are not required to be provided for a new support worker providing
services for a participant due to staffing failures, unless the support worker
is expected to provide ongoing backup staffing coverage.
(e) Worker training and development
services shall not include:
(1) general agency training, worker
orientation, or training on CFSS self-directed models;
(2)
payment for preparation or development time for the trainer or presenter;
(3) payment of the support worker's
salary or compensation during the training;
(4) training or supervision provided by
the participant, the participant's support worker, or the participant's
informal supports, including the participant's representative; or
(5) services in excess of 96 units per
annual service authorization, unless approved by the department.
Sec. 22. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 23, is amended to read:
Subd. 23. Commissioner's
access. When the commissioner is
investigating a possible overpayment of Medicaid funds, the commissioner must
be given immediate access without prior notice to the agency provider agency-provider
or FMS contractor's office during regular business hours and to documentation
and records related to services provided and submission of claims for services
provided. Denying the commissioner
access to records is cause for immediate suspension of payment and terminating
the agency provider's enrollment according to section 256B.064 or terminating
the FMS contract.
Sec. 23. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 24, is amended to read:
Subd. 24. CFSS
agency-providers; background studies. CFSS
agency-providers enrolled to provide personal care assistance CFSS
services under the medical assistance program shall comply with the following:
(1) owners who have a five percent interest or more and all managing employees are subject to a background study as provided in chapter 245C. This applies to currently enrolled CFSS agency-providers and those agencies seeking enrollment as a CFSS agency-provider. "Managing employee" has the same meaning as Code of Federal Regulations, title 42, section 455. An organization is barred from enrollment if:
(i) the organization has not initiated background studies on owners managing employees; or
(ii) the organization has initiated background studies on owners and managing employees, but the commissioner has sent the organization a notice that an owner or managing employee of the organization has been disqualified under section 245C.14, and the owner or managing employee has not received a set-aside of the disqualification under section 245C.22;
(2) a background study must be initiated
and completed for all support specialists staff who will have direct
contact with the participant to provide worker training and development;
and
(3) a background study must be initiated and completed for all support workers.
Sec. 24. Laws 2013, chapter 108, article 7, section 49, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective upon
federal approval but no earlier than April 1, 2014. The service will begin 90 days after federal
approval or April 1, 2014, whichever is later. The commissioner of human services shall
notify the revisor of statutes when this occurs.
ARTICLE 27
CONTINUING CARE
Section 1. Minnesota Statutes 2012, section 13.46, subdivision 4, is amended to read:
Subd. 4. Licensing data. (a) As used in this subdivision:
(1) "licensing data" are all data collected, maintained, used, or disseminated by the welfare system pertaining to persons licensed or registered or who apply for licensure or registration or who formerly were licensed or registered under the authority of the commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" are Social Security numbers, identity of and letters of reference, insurance information, reports from the Bureau of Criminal Apprehension, health examination reports, and social/home studies.
(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license holders, and former licensees are public: name, address, telephone number of licensees, date of receipt of a completed application, dates of licensure, licensed capacity, type of client preferred, variances granted, record of training and education in child care and child development, type of dwelling, name and relationship of other family members, previous license history, class of license, the existence and status of complaints, and the number of serious injuries to or deaths of individuals in the licensed program as reported to the commissioner of human services, the local social services agency, or any other county welfare agency. For purposes of this clause, a serious injury is one that is treated by a physician.
(ii) When a correction order, an order to forfeit a fine, an order of license suspension, an order of temporary immediate suspension, an order of license revocation, an order of license denial, or an order of conditional license has been issued, or a complaint is resolved, the following data on current and former licensees and applicants are public: the substance and investigative findings of the licensing or maltreatment complaint, licensing violation, or substantiated maltreatment; the record of informal resolution of a licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of the final correction order, fine, suspension, temporary immediate suspension, revocation, denial, or conditional license contained in the record of licensing action; whether a fine has been paid; and the status of any appeal of these actions.
(iii) When a license denial under section 245A.05 or a sanction under section 245A.07 is based on a determination that the license holder or applicant is responsible for maltreatment under section 626.556 or 626.557, the identity of the applicant or license holder as the individual responsible for maltreatment is public data at the time of the issuance of the license denial or sanction.
(iv) When a license denial under section 245A.05 or a sanction under section 245A.07 is based on a determination that the license holder or applicant is disqualified under chapter 245C, the identity of the license holder or applicant as the disqualified individual and the reason for the disqualification are public data at the time of the issuance of the licensing sanction or denial. If the applicant or license holder requests reconsideration of the disqualification and the disqualification is affirmed, the reason for the disqualification and the reason to not set aside the disqualification are public data.
(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, when any person subject to disqualification under section 245C.14 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment is public data. For purposes of this clause, a person is a substantiated perpetrator if the maltreatment determination has been upheld under section 256.045; 626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely exercised appeal rights under these sections, except as provided under clause (1).
(3) For applicants who withdraw their application prior to licensure or denial of a license, the following data are public: the name of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, and the date of withdrawal of the application.
(4) For applicants who are denied a license, the following data are public: the name and address of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, the date of denial of the application, the nature of the basis for the denial, the record of informal resolution of a denial, orders of hearings, findings of fact, conclusions of law, specifications of the final order of denial, and the status of any appeal of the denial.
(5) The following data on persons subject to disqualification under section 245C.14 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home, are public: the nature of any disqualification set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the disqualification; the nature of any disqualification for which a variance was granted under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person subject to a background study under section 245C.03, subdivision 1, has successfully passed a background study. If a licensing sanction under section 245A.07, or a license denial under section 245A.05, is based on a determination that an individual subject to disqualification under chapter 245C is disqualified, the disqualification as a basis for the licensing sanction or denial is public data. As specified in clause (1), item (iv), if the disqualified individual is the license holder or applicant, the identity of the license holder or applicant and the reason for the disqualification are public data; and, if the license holder or applicant requested reconsideration of the disqualification and the disqualification is affirmed, the reason for the disqualification and the reason to not set aside the disqualification are public data. If the disqualified individual is an individual other than the license holder or applicant, the identity of the disqualified individual shall remain private data.
(6) When maltreatment is substantiated under section 626.556 or 626.557 and the victim and the substantiated perpetrator are affiliated with a program licensed under chapter 245A, the commissioner of human services, local social services agency, or county welfare agency may inform the license holder where the maltreatment occurred of the identity of the substantiated perpetrator and the victim.
(7) Notwithstanding clause (1), for child foster care, only the name of the license holder and the status of the license are public if the county attorney has requested that data otherwise classified as public data under clause (1) be considered private data based on the best interests of a child in placement in a licensed program.
(c) The following are private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial data on family day care program and family foster care program applicants and licensees and their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have made reports concerning licensees or applicants that appear in inactive investigative data, and the records of clients or employees of the licensee or applicant for licensure whose records are received by the licensing agency for purposes of review or in anticipation of a contested matter. The names of reporters of complaints or alleged violations of licensing standards under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment under sections 626.556 and 626.557, are confidential data and may be disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this subdivision become public data if submitted to a court or administrative law judge as part of a disciplinary proceeding in which there is a public hearing concerning a license which has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report as defined in section 626.556, subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report of substantiated maltreatment as defined in section 626.556 or 626.557 may be exchanged with the Department of Health for purposes of completing background studies pursuant to section 144.057 and with the Department of Corrections for purposes of completing background studies pursuant to section 241.021.
(i) Data on individuals collected according
to licensing activities under chapters 245A and 245C, data on individuals
collected by the commissioner of human services according to investigations
under chapters 245A, 245B, and 245C, and 245D, and sections
626.556 and 626.557 may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the ombudsman for mental
health and developmental disabilities, and the individual's professional
regulatory board when there is reason to believe that laws or standards under
the jurisdiction of those agencies may have been violated or the information
may otherwise be relevant to the board's regulatory jurisdiction. Background study data on an individual who is
the subject of a background study under chapter 245C for a licensed service for
which the commissioner of human services is the license holder may be shared
with the commissioner and the commissioner's delegate by the licensing division. Unless otherwise specified in this chapter,
the identity of a reporter of alleged maltreatment or licensing violations may
not be disclosed.
(j) In addition to the notice of determinations required under section 626.556, subdivision 10f, if the commissioner or the local social services agency has determined that an individual is a substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social services agency knows that the individual is a person responsible for a child's care in another facility, the commissioner or local social services agency shall notify the head of that facility of this determination. The notification must include an explanation of the individual's available appeal rights and the status of any appeal. If a notice is given under this paragraph, the government entity making the notification shall provide a copy of the notice to the individual who is the subject of the notice.
(k) All not public data collected, maintained, used, or disseminated under this subdivision and subdivision 3 may be exchanged between the Department of Human Services, Licensing Division, and the Department of Corrections for purposes of regulating services for which the Department of Human Services and the Department of Corrections have regulatory authority.
Sec. 2. Minnesota Statutes 2012, section 144.0724, as amended by Laws 2014, chapter 147, section 1, is amended to read:
144.0724
RESIDENT REIMBURSEMENT CLASSIFICATION.
Subdivision 1. Resident reimbursement case mix classifications. The commissioner of health shall establish resident reimbursement classifications based upon the assessments of residents of nursing homes and boarding care homes conducted under this section and according to section 256B.438.
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given.
(a) "Assessment reference date" or "ARD" means the specific end point for look-back periods in the MDS assessment process. This look-back period is also called the observation or assessment period.
(b) "Case mix index" means the weighting factors assigned to the RUG-IV classifications.
(c) "Index maximization" means classifying a resident who could be assigned to more than one category, to the category with the highest case mix index.
(d) "Minimum data set" or "MDS" means a core set of screening, clinical assessment, and functional status elements, that include common definitions and coding categories specified by the Centers for Medicare and Medicaid Services and designated by the Minnesota Department of Health.
(e) "Representative" means a person who is the resident's guardian or conservator, the person authorized to pay the nursing home expenses of the resident, a representative of the Office of Ombudsman for Long-Term Care whose assistance has been requested, or any other individual designated by the resident.
(f) "Resource utilization groups" or "RUG" means the system for grouping a nursing facility's residents according to their clinical and functional status identified in data supplied by the facility's minimum data set.
(g) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility, positioning, eating, and toileting.
(h) "Nursing facility level of care determination" means the assessment process that results in a determination of a resident's or prospective resident's need for nursing facility level of care as established in subdivision 11 for purposes of medical assistance payment of long-term care services for:
(1) nursing facility services under section 256B.434 or 256B.441;
(2) elderly waiver services under section 256B.0915;
(3) CADI and BI waiver services under section 256B.49; and
(4) state payment of alternative care services under section 256B.0913.
Subd. 3a. Resident reimbursement classifications beginning January 1, 2012. (a) Beginning January 1, 2012, resident reimbursement classifications shall be based on the minimum data set, version 3.0 assessment instrument, or its successor version mandated by the Centers for Medicare and Medicaid Services that nursing facilities are required to complete for all residents. The commissioner of health shall establish resident classifications according to the RUG-IV, 48 group, resource utilization groups. Resident classification must be established based on the individual items on the minimum data set, which must be completed according to the Long Term Care Facility Resident Assessment Instrument User's Manual Version 3.0 or its successor issued by the Centers for Medicare and Medicaid Services.
(b) Each resident must be classified based on the information from the minimum data set according to general categories as defined in the Case Mix Classification Manual for Nursing Facilities issued by the Minnesota Department of Health.
Subd. 4. Resident assessment schedule. (a) A facility must conduct and electronically submit to the commissioner of health MDS assessments that conform with the assessment schedule defined by Code of Federal Regulations, title 42, section 483.20, and published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, in the Long Term Care Assessment Instrument User's Manual, version 3.0, and subsequent updates when issued by the Centers for Medicare and Medicaid Services. The commissioner of health may substitute successor manuals or question and answer documents published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, to replace or supplement the current version of the manual or document.
(b) The assessments used to determine a case mix classification for reimbursement include the following:
(1) a new admission assessment;
(2) an annual assessment which must have an assessment reference date (ARD) within 92 days of the previous assessment and within 366 days of the ARD of the previous comprehensive assessment;
(3) a significant change in status assessment must be completed within 14 days of the identification of a significant change;
(4) all quarterly assessments must have an assessment reference date (ARD) within 92 days of the ARD of the previous assessment;
(5) any significant correction to a prior comprehensive assessment, if the assessment being corrected is the current one being used for RUG classification; and
(6) any significant correction to a prior quarterly assessment, if the assessment being corrected is the current one being used for RUG classification.
(c) In addition to the assessments listed in paragraph (b), the assessments used to determine nursing facility level of care include the following:
(1) preadmission screening completed under
section 256B.0911, subdivision 4a, by a county, tribe, or managed care
organization under contract with the Department of Human Services; and
(2) a face-to-face long-term care
consultation assessment completed under section 256B.0911, subdivision 3a,
3b, or 4d 256.975, subdivisions 7a to 7c, by a county, tribe, or
managed care organization under contract with the Department of Human Services.
Subd. 5. Short stays. (a) A facility must submit to the commissioner of health an admission assessment for all residents who stay in the facility 14 days or less.
(b) Notwithstanding the admission assessment requirements of paragraph (a), a facility may elect to accept a short stay rate with a case mix index of 1.0 for all facility residents who stay 14 days or less in lieu of submitting an admission assessment. Facilities shall make this election annually.
(c) Nursing facilities must elect one of the options described in paragraphs (a) and (b) by reporting to the commissioner of health, as prescribed by the commissioner. The election is effective on July 1 each year.
Subd. 6. Penalties for late or nonsubmission. (a) A facility that fails to complete or submit an assessment according to subdivisions 4 and 5 for a RUG-IV classification within seven days of the time requirements listed in the Long-Term Care Facility Resident Assessment Instrument User's Manual is subject to a reduced rate for that resident. The reduced rate shall be the lowest rate for that facility. The reduced rate is effective on the day of admission for new admission assessments, on the ARD for significant change in status assessments, or on the day that the assessment was due for all other assessments and continues in effect until the first day of the month following the date of submission and acceptance of the resident's assessment.
(b) If loss of revenue due to penalties incurred by a facility for any period of 92 days are equal to or greater than 1.0 percent of the total operating costs on the facility's most recent annual statistical and cost report, a facility may apply to the commissioner of human services for a reduction in the total penalty amount. The commissioner of human services, in consultation with the commissioner of health, may, at the sole discretion of the commissioner of human services, limit the penalty for residents covered by medical assistance to 15 days.
Subd. 7. Notice of resident reimbursement classification. (a) The commissioner of health shall provide to a nursing facility a notice for each resident of the reimbursement classification established under subdivision 1. The notice must inform the resident of the classification that was assigned, the opportunity to review the documentation supporting the classification, the opportunity to obtain clarification from the commissioner, and the opportunity to request a reconsideration of the classification and the address and telephone number of the Office of Ombudsman for Long-Term Care. The commissioner must transmit the notice of resident classification by electronic means to the nursing facility. A nursing facility is responsible for the distribution of the notice to each resident, to the person responsible for the payment of the resident's nursing home expenses, or to another person designated by the resident. This notice must be distributed within three working days after the facility's receipt of the electronic file of notice of case mix classifications from the commissioner of health.
(b) If a facility submits a modification to the most recent assessment used to establish a case mix classification conducted under subdivision 3 that results in a change in case mix classification, the facility shall give written notice to the resident or the resident's representative about the item that was modified and the reason for the modification. The notice of modified assessment may be provided at the same time that the resident or resident's representative is provided the resident's modified notice of classification.
Subd. 8. Request for reconsideration of resident classifications. (a) The resident, or resident's representative, or the nursing facility or boarding care home may request that the commissioner of health reconsider the assigned reimbursement classification. The request for reconsideration must be submitted in writing to the commissioner within 30 days of the day the resident or the resident's representative receives the resident classification notice. The request for reconsideration must include the name of the resident, the name and address of the facility in which the resident resides, the reasons for the reconsideration, and documentation supporting the request. The documentation accompanying the reconsideration request is limited to a copy of the MDS that determined the classification and other documents that would support or change the MDS findings.
(b) Upon request, the nursing facility must give the resident or the resident's representative a copy of the assessment form and the other documentation that was given to the commissioner of health to support the assessment findings. The nursing facility shall also provide access to and a copy of other information from the resident's record that has been requested by or on behalf of the resident to support a resident's reconsideration request. A copy of any requested material must be provided within three working days of receipt of a written request for the information. Notwithstanding any law to the contrary, the facility may not charge a fee for providing copies of the requested documentation. If a facility fails to provide the material within this time, it is subject to the issuance of a correction order and penalty assessment under sections 144.653 and 144A.10. Notwithstanding those sections, any correction order issued under this subdivision must require that the nursing facility immediately comply with the request for information and that as of the date of the issuance of the correction order, the facility shall forfeit to the state a $100 fine for the first day of noncompliance, and an increase in the $100 fine by $50 increments for each day the noncompliance continues.
(c) In addition to the information required under paragraphs (a) and (b), a reconsideration request from a nursing facility must contain the following information: (i) the date the reimbursement classification notices were received by the facility; (ii) the date the classification notices were distributed to the resident or the resident's representative; and (iii) a copy of a notice sent to the resident or to the resident's representative. This notice must inform the resident or the resident's representative that a reconsideration of the resident's classification is being requested, the reason for the request, that the resident's rate will change if the request is approved by the commissioner, the extent of the change, that copies of the facility's request and supporting documentation are available for review, and that the resident also has the right to request a reconsideration. If the facility fails to provide the required information listed in item (iii) with the reconsideration request, the commissioner may request that the facility provide the information within 14 calendar days. The reconsideration request must be denied if the information is then not provided, and the facility may not make further reconsideration requests on that specific reimbursement classification.
(d) Reconsideration by the commissioner must be made by individuals not involved in reviewing the assessment, audit, or reconsideration that established the disputed classification. The reconsideration must be based upon the assessment that determined the classification and upon the information provided to the commissioner under paragraphs (a) and (b). If necessary for evaluating the reconsideration request, the commissioner may conduct on-site reviews. Within 15 working days of receiving the request for reconsideration, the commissioner shall affirm or modify the original resident classification. The original classification must be modified if the commissioner determines that the assessment resulting in the classification did not accurately reflect characteristics of the resident at the time of the assessment. The resident and the nursing facility or boarding care home shall be notified within five working days after the decision is made. A decision by the commissioner under this subdivision is the final administrative decision of the agency for the party requesting reconsideration.
(e) The resident classification established by the commissioner shall be the classification that applies to the resident while the request for reconsideration is pending. If a request for reconsideration applies to an assessment used to determine nursing facility level of care under subdivision 4, paragraph (c), the resident shall continue to be eligible for nursing facility level of care while the request for reconsideration is pending.
(f) The commissioner may request additional documentation regarding a reconsideration necessary to make an accurate reconsideration determination.
Subd. 9. Audit authority. (a) The commissioner shall audit the accuracy of resident assessments performed under section 256B.438 through any of the following: desk audits; on-site review of residents and their records; and interviews with staff, residents, or residents' families. The commissioner shall reclassify a resident if the commissioner determines that the resident was incorrectly classified.
(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.
(c) A facility must grant the commissioner access to examine the medical records relating to the resident assessments selected for audit under this subdivision. The commissioner may also observe and speak to facility staff and residents.
(d) The commissioner shall consider documentation under the time frames for coding items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment Instrument User's Manual published by the Centers for Medicare and Medicaid Services.
(e) The commissioner shall develop an audit selection procedure that includes the following factors:
(1) Each facility shall be audited annually. If a facility has two successive audits in which the percentage of change is five percent or less and the facility has not been the subject of a special audit in the past 36 months, the facility may be audited biannually. A stratified sample of 15 percent, with a minimum of ten assessments, of the most current assessments shall be selected for audit. If more than 20 percent of the RUG-IV classifications are changed as a result of the audit, the audit shall be expanded to a second 15 percent sample, with a minimum of ten assessments. If the total change between the first and second samples is 35 percent or greater, the commissioner may expand the audit to all of the remaining assessments.
(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility again within six months. If a facility has two expanded audits within a 24-month period, that facility will be audited at least every six months for the next 18 months.
(3) The commissioner may conduct special audits if the commissioner determines that circumstances exist that could alter or affect the validity of case mix classifications of residents. These circumstances include, but are not limited to, the following:
(i) frequent changes in the administration or management of the facility;
(ii) an unusually high percentage of residents in a specific case mix classification;
(iii) a high frequency in the number of reconsideration requests received from a facility;
(iv) frequent adjustments of case mix classifications as the result of reconsiderations or audits;
(v) a criminal indictment alleging provider fraud;
(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;
(vii) an atypical pattern of scoring minimum data set items;
(viii) nonsubmission of assessments;
(ix) late submission of assessments; or
(x) a previous history of audit changes of 35 percent or greater.
(f) Within 15 working days of completing the audit process, the commissioner shall make available electronically the results of the audit to the facility. If the results of the audit reflect a change in the resident's case mix classification, a case mix classification notice will be made available electronically to the facility, using the procedure in subdivision 7, paragraph (a). The notice must contain the resident's classification and a statement informing the resident, the resident's authorized representative, and the facility of their right to review the commissioner's documents supporting the classification and to request a reconsideration of the classification. This notice must also include the address and telephone number of the Office of Ombudsman for Long-Term Care.
Subd. 10. Transition. After implementation of this section, reconsiderations requested for classifications made under section 144.0722, subdivision 1, shall be determined under section 144.0722, subdivision 3.
Subd. 11. Nursing facility level of care. (a) For purposes of medical assistance payment of long-term care services, a recipient must be determined, using assessments defined in subdivision 4, to meet one of the following nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin and complete at least four of the following activities of living: bathing, bed mobility, dressing, eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily decision making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days after admission or on the first quarterly assessment after admission, whichever is later; or
(7)
the person is determined to be at risk for nursing facility admission or
readmission through a face-to-face long-term care consultation assessment as
specified in section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe,
or managed care organization under contract with the Department of Human
Services. The person is considered at
risk under this clause if the person currently lives alone or will live alone upon
discharge or be homeless without the person's current housing and
also meets one of the following criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect, including self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility services must be the most recent assessment performed under subdivision 4, paragraph (b), that occurred no more than 90 calendar days before the effective date of medical assistance eligibility for payment of long-term care services. In no case shall medical assistance payment for long-term care services occur prior to the date of the determination of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care services provided under sections 256B.0915 and 256B.49 and alternative care payment for services provided under section 256B.0913 must be the most recent face-to-face assessment performed under section 256B.0911, subdivision 3a, 3b, or 4d, that occurred no more than 60 calendar days before the effective date of medical assistance eligibility for payment of long-term care services.
Subd. 12. Appeal of nursing facility level of care determination. (a) A resident or prospective resident whose level of care determination results in a denial of long-term care services can appeal the determination as outlined in section 256B.0911, subdivision 3a, paragraph (h), clause (9).
(b) The commissioner of human services
shall ensure that notice of changes in eligibility due to a nursing facility
level of care determination is provided to each affected recipient or the recipient's
guardian at least 30 days before the effective date of the change. The notice shall include the following
information:
(1) how to obtain further information
on the changes;
(2) how to receive assistance in
obtaining other services;
(3) a list of community resources; and
(4) appeal rights.
A recipient who meets the criteria in section 256B.0922,
subdivision 2, paragraph (a), clauses (1) and (2), may request continued
services pending appeal within the time period allowed to request an appeal under
section 256.045, subdivision 3, paragraph (h).
This paragraph is in effect for appeals filed between January 1, 2015,
and December 31, 2016.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 144A.073, is amended by adding a subdivision to read:
Subd. 14. Moratorium
exception funding. In fiscal
year 2015, the commissioner of health may approve moratorium exception projects
under this section for which the full annualized state share of medical
assistance costs does not exceed $1,000,000.
Sec. 4. Minnesota Statutes 2012, section 144A.33, subdivision 2, is amended to read:
Subd. 2. Providing
educational services. The Minnesota
Board on Aging shall provide a grant-in-aid to a statewide, independent,
nonprofit, consumer-sponsored agency to provide educational services to
councils.
Sec. 5. Minnesota Statutes 2013 Supplement, section 245.8251, is amended to read:
245.8251
RULES FOR POSITIVE SUPPORT STRATEGIES AND EMERGENCY MANUAL RESTRAINT
PROHIBITIONS AND LIMITS ON RESTRICTIVE INTERVENTIONS; LICENSED
FACILITIES AND PROGRAMS.
Subdivision 1. Rules governing
the use of positive support strategies and restrictive interventions. The commissioner of human services shall,
within 24 months of May 23, 2013 by August 31, 2015, adopt rules governing
to govern the use of positive support strategies, safety
interventions, and ensure the applicability of chapter 245D prohibitions
and limits on the emergency use of manual restraint in and on the
use of restrictive interventions to facilities and services governed by the
rules. The rules apply to all
facilities and services licensed under chapter 245D., and all
licensed facilities and licensed services serving persons with a developmental
disability or related condition. For the
purposes of this section, "developmental disability or related
condition" has the meaning given in Minnesota Rules, part 9525.0016,
subpart 2, items A to E.
Subd. 2. Data
collection. (a) The commissioner
shall, with stakeholder input, develop identify data collection
elements specific to incidents of emergency use of manual restraint and
positive support transition plans for persons receiving services from providers
governed licensed facilities and licensed services under chapter
245D and in licensed facilities and licensed services serving persons with a
developmental disability or related condition as defined in Minnesota Rules,
part 9525.0016, subpart 2, effective January 1, 2014. Providers Licensed facilities and
licensed services shall report the data in a format and at a frequency
determined by the commissioner of human services. Providers shall submit the data to the
commissioner and the Office of the Ombudsman for Mental Health and
Developmental Disabilities.
(b) Beginning July 1, 2013, providers
licensed facilities and licensed services regulated under Minnesota
Rules, parts 9525.2700 to 9525.2810, shall submit data regarding the use of all
controlled procedures identified in Minnesota Rules, part 9525.2740, in a
format and at a frequency determined by the commissioner. Providers shall submit the data to the
commissioner and the Office of the Ombudsman for Mental Health and
Developmental Disabilities.
Subd. 3. External
program review committee. Rules
adopted according to this section shall establish requirements for an external
program review committee appointed by the commissioner to monitor the
implementation of the rules and make recommendations to the commissioner about
any needed policy changes after adoption of the rules.
Subd. 4. Interim
review panel. (a) The
commissioner shall establish an interim review panel by August 15, 2014, for
the purpose of reviewing requests for emergency use of procedures that have
been part of an approved positive support transition plan when necessary to
protect a person from imminent risk of serious injury as defined in section
245.91, subdivision 6, due to self-injurious behavior. The panel must make recommendations to the
commissioner to approve or deny these requests based on criteria to be
established by the interim review panel.
The interim review panel shall operate until the external program review
committee is established as required under subdivision 3.
(b)
Members of the interim review panel shall be selected based on their expertise
and knowledge related to the use of positive support strategies as alternatives
to the use of restrictive interventions.
The commissioner shall seek input and recommendations in establishing
the interim review panel. Members of the
interim review panel shall include the following representatives:
(1) an expert in positive supports;
(2) a mental health professional, as
defined in section 245.462;
(3) a licensed health professional as
defined in section 245D.02, subdivision 14; and
(4) a representative of the Department
of Health.
Sec. 6. Minnesota Statutes 2013 Supplement, section 245A.03, subdivision 7, is amended to read:
Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07. The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D. Exceptions to the moratorium include:
(1) foster care settings that are required to be registered under chapter 144D;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, or regional treatment center; restructuring of state-operated services that limits the capacity of state-operated facilities; or allowing movement to the community for people who no longer require the level of care provided in state-operated facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;
(4) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care; or
(5) new foster care licenses or community residential setting licenses determined to be needed by the commissioner for the transition of people from personal care assistance to the home and community-based services.
(b) The commissioner shall determine the need for newly licensed foster care homes or community residential settings as defined under this subdivision. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home that is not the primary residence of the license holder according to section 256B.49, subdivision 15, paragraph (f), or the adult community residential setting, the county shall immediately inform the Department of Human Services Licensing Division. The department shall decrease the statewide licensed capacity for adult foster care settings where the physical location is
not the primary residence of the license holder, or for adult community residential settings, if the voluntary changes described in paragraph (e) are not sufficient to meet the savings required by reductions in licensed bed capacity under Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40, paragraph (f), and maintain statewide long-term care residential services capacity within budgetary limits. Implementation of the statewide licensed capacity reduction shall begin on July 1, 2013. The commissioner shall delicense up to 128 beds by June 30, 2014, using the needs determination process. Prior to any involuntary reduction of licensed capacity, the commissioner shall consult with lead agencies and license holders to determine which adult foster care settings, where the physical location is not the primary residence of the license holder, or community residential settings, are licensed for up to five beds, but have operated at less than full capacity for 12 or more months as of March 1, 2014. The settings that meet these criteria must be the first to be considered for an involuntary decrease in statewide licensed capacity, up to a maximum of 35 beds. If more than 35 beds are identified that meet these criteria, the commissioner shall prioritize the selection of those beds to be closed based on the length of time the beds have been vacant. The longer a bed has been vacant, the higher priority it must be given for closure. Under this paragraph, the commissioner has the authority to reduce unused licensed capacity of a current foster care program, or the community residential settings, to accomplish the consolidation or closure of settings. Under this paragraph, the commissioner has the authority to manage statewide capacity, including adjusting the capacity available to each county and adjusting statewide available capacity, to meet the statewide needs identified through the process in paragraph (e). A decreased licensed capacity according to this paragraph is not subject to appeal under this chapter.
(d) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (c) shall be exempt under the following circumstances:
(1) until August 1, 2013, the license holder's beds occupied by residents whose primary diagnosis is mental illness and the license holder is:
(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental health services (ARMHS) as defined in section 256B.0623;
(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to 9520.0870; or
(iv) a provider of intensive residential treatment services (IRTS) licensed under Minnesota Rules, parts 9520.0500 to 9520.0670; or
(2) the license holder's beds occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a or section 245D.33.
(e) A resource need determination process, managed at the state level, using the available reports required by section 144A.351, and other data and information shall be used to determine where the reduced capacity required under paragraph (c) will be implemented. The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet long-term care service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term care services reports and statewide data and information. By February 1, 2013, and August 1, 2014, and each following year, the commissioner shall provide information and data on the overall capacity of licensed long-term care services, actions taken under this subdivision to manage statewide long-term care services and supports resources, and any recommendations for change to the legislative committees with jurisdiction over health and human services budget.
(f) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure. If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services licensing division that the license holder provides or intends to provide these waiver-funded services.
Sec. 7. Minnesota Statutes 2013 Supplement, section 245A.042, subdivision 3, is amended to read:
Subd. 3. Implementation. (a) The commissioner shall implement the responsibilities of this chapter according to the timelines in paragraphs (b) and (c) only within the limits of available appropriations or other administrative cost recovery methodology.
(b) The licensure of home and community-based services according to this section shall be implemented January 1, 2014. License applications shall be received and processed on a phased-in schedule as determined by the commissioner beginning July 1, 2013. Licenses will be issued thereafter upon the commissioner's determination that the application is complete according to section 245A.04.
(c) Within the limits of available appropriations or other administrative cost recovery methodology, implementation of compliance monitoring must be phased in after January 1, 2014.
(1) Applicants who do not currently hold a license issued under chapter 245B must receive an initial compliance monitoring visit after 12 months of the effective date of the initial license for the purpose of providing technical assistance on how to achieve and maintain compliance with the applicable law or rules governing the provision of home and community-based services under chapter 245D. If during the review the commissioner finds that the license holder has failed to achieve compliance with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a licensing review report with recommendations for achieving and maintaining compliance.
(2) Applicants who do currently hold a license issued under this chapter must receive a compliance monitoring visit after 24 months of the effective date of the initial license.
(d) Nothing in this subdivision shall be construed to limit the commissioner's authority to suspend or revoke a license or issue a fine at any time under section 245A.07, or issue correction orders and make a license conditional for failure to comply with applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.
(e) License holders governed under
chapter 245D must ensure compliance with the following requirements within the
stated timelines:
(1) service initiation and service
planning requirements must be met at the next annual meeting of the person's
support team or by January 1, 2015, whichever is later, for the following:
(i)
provision of a written notice that identifies the service recipient rights and
an explanation of those rights as required under section 245D.04, subdivision
1;
(ii) service planning for basic support
services as required under section 245D.07, subdivision 2; and
(iii) service planning for intensive
support services under section 245D.071, subdivisions 3 and 4;
(2) staff orientation to program
requirements as required under section 245D.09, subdivision 4, for staff hired
before January 1, 2014, must be met by January 1, 2015. The license holder may otherwise provide
documentation verifying these requirements were met before January 1, 2014;
(3) development of policy and
procedures as required under section 245D.11, must be completed no later than
August 31, 2014;
(4) written or electronic notice and
copies of policies and procedures must be provided to all persons or their
legal representatives and case managers as required under section 245D.10,
subdivision 4, paragraphs (b) and (c), by September
15, 2014, or within 30 days of development of the required policies and
procedures, whichever is earlier; and
(5) all employees must be informed of
the revisions and training must be provided on implementation of the revised
policies and procedures as required under section 245D.10, subdivision 4,
paragraph (d), by September 15, 2014, or within 30 days of development of the
required policies and procedures, whichever is earlier.
Sec. 8. Minnesota Statutes 2013 Supplement, section 245A.16, subdivision 1, is amended to read:
Subdivision 1. Delegation of authority to agencies. (a) County agencies and private agencies that have been designated or licensed by the commissioner to perform licensing functions and activities under section 245A.04 and background studies for family child care under chapter 245C; to recommend denial of applicants under section 245A.05; to issue correction orders, to issue variances, and recommend a conditional license under section 245A.06, or to recommend suspending or revoking a license or issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child and adult foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except that county agencies may issue variances under section 245C.30 regarding disqualified individuals when the county is responsible for conducting a consolidated reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination and a disqualification based on serious or recurring maltreatment;
(6) the required presence of a caregiver in the adult foster care residence during normal sleeping hours; and
(7) variances for community residential setting licenses under chapter 245D.
Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must not grant a license holder a variance to exceed the maximum allowable family child care license capacity of 14 children.
(b) County agencies must report information about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by the commissioner.
(c) For family day care programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.
(d) For family adult day services programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.
(e) A license issued under this section may be issued for up to two years.
(f) During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with counties through which some licensing duties under chapter 245D may be delegated by the commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.
(g) Licensing authority specific to
section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and
section 245D.061 or successor provisions, for family child foster care programs
providing out-of-home respite, as identified in section 245D.03, subdivision 1,
paragraph (b), clause (1), is excluded from the delegation of authority to
county and private agencies.
Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 3, is amended to read:
Subd. 3. Case
manager. "Case manager"
means the individual designated to provide waiver case management services,
care coordination, or long-term care consultation, as specified in sections
256B.0913, 256B.0915, 256B.092, and 256B.49, or successor provisions. For purposes of this chapter, "case
manager" includes case management services as defined in Minnesota Rules,
part 9520.0902, subpart 3.
Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 4b, is amended to read:
Subd. 4b. Coordinated
service and support plan. "Coordinated
service and support plan" has the meaning given in sections 256B.0913,
subdivision 8; 256B.0915, subdivision 6; 256B.092, subdivision 1b; and 256B.49,
subdivision 15, or successor provisions.
For purposes of this chapter, "coordinated service and support
plan" includes the individual program plan or individual treatment plan as
defined in Minnesota Rules, part 9520.0510, subpart 12.
Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 8b, is amended to read:
Subd. 8b. Expanded
support team. "Expanded support
team" means the members of the support team defined in subdivision 46
34 and a licensed health or mental health professional or other
licensed, certified, or qualified professionals or consultants working with the
person and included in the team at the request of the person or the person's
legal representative.
Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 11, is amended to read:
Subd. 11. Incident. "Incident" means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:
(1) serious injury of a person as determined by section 245.91, subdivision 6;
(2) a person's death;
(3) any medical emergency, unexpected serious illness, or significant unexpected change in an illness or medical condition of a person that requires the program to call 911, physician treatment, or hospitalization;
(4) any mental health crisis that requires
the program to call 911 or, a mental health crisis intervention
team, or a similar mental health response team or service when available and
appropriate;
(5) an act or situation involving a person that requires the program to call 911, law enforcement, or the fire department;
(6) a person's unauthorized or unexplained absence from a program;
(7) conduct by a person receiving services against another person receiving services that:
(i) is so severe, pervasive, or objectively offensive that it substantially interferes with a person's opportunities to participate in or receive service or support;
(ii) places the person in actual and reasonable fear of harm;
(iii) places the person in actual and reasonable fear of damage to property of the person; or
(iv) substantially disrupts the orderly operation of the program;
(8) any sexual activity between persons receiving services involving force or coercion as defined under section 609.341, subdivisions 3 and 14;
(9) any emergency use of manual restraint as identified in section 245D.061 or successor provisions; or
(10) a report of alleged or suspected child or vulnerable adult maltreatment under section 626.556 or 626.557.
Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 15b, is amended to read:
Subd. 15b. Mechanical
restraint. (a) Except for
devices worn by the person that trigger electronic alarms to warn staff that a
person is leaving a room or area, which do not, in and of themselves, restrict
freedom of movement, or the use of adaptive aids or equipment or orthotic
devices ordered by a health care professional used to treat or manage a medical
condition, "Mechanical restraint" means the use of devices,
materials, or equipment attached or adjacent to the person's body, or the use of
practices that are intended to restrict freedom of movement or normal access to
one's body or body parts, or limits a person's voluntary movement or holds a
person immobile as an intervention precipitated by a person's behavior. The term applies to the use of mechanical
restraint used to prevent injury with persons who engage in self-injurious
behaviors, such as head-banging, gouging, or other actions resulting in tissue
damage that have caused or could cause medical problems resulting from the
self-injury.
(b) Mechanical restraint does not
include the following:
(1)
devices worn by the person that trigger electronic alarms to warn staff that a
person is leaving a room or area, which do not, in and of themselves, restrict
freedom of movement; or
(2) the use of adaptive aids or
equipment or orthotic devices ordered by a health care professional used to
treat or manage a medical condition.
Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 23, is amended to read:
Subd. 23. Person
with a disability. "Person with
a disability" means a person determined to have a disability by the
commissioner's state medical review team as identified in section 256B.055,
subdivision 7, the Social Security Administration, or the person is determined
to have a developmental disability as defined in Minnesota Rules, part
9525.0016, subpart 2, item B, or a related condition as defined in section
252.27, subdivision 1a Minnesota Rules, part 9525.0016, subpart 2, items
A to E.
Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 29, is amended to read:
Subd. 29. Seclusion. "Seclusion" means the
placement of a person alone in: (1)
removing a person involuntarily to a room from which exit is prohibited by
a staff person or a mechanism such as a lock, a device, or an object positioned
to hold the door closed or otherwise prevent the person from leaving the room.;
or (2) otherwise involuntarily removing or separating a person from an area,
activity, situation, or social contact with others and blocking or preventing
the person's return.
Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 34, is amended to read:
Subd. 34. Support
team. "Support team" means
the service planning team identified in section 256B.49, subdivision 15, or;
the interdisciplinary team identified in Minnesota Rules, part 9525.0004,
subpart 14; or the case management team as defined in Minnesota Rules, part
9520.0902, subpart 6.
Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.02, subdivision 34a, is amended to read:
Subd. 34a. Time
out. "Time out" means removing
a person involuntarily from an ongoing activity to a room, either locked or
unlocked, or otherwise separating a person from others in a way that prevents
social contact and prevents the person from leaving the situation if the person
chooses the involuntary removal of a person for a period of time to a
designated area from which the person is not prevented from leaving. For the purpose of this chapter, "time
out" does not mean voluntary removal or self-removal for the purpose of
calming, prevention of escalation, or de-escalation of behavior for a period
of up to 15 minutes. "Time
out" does not include a person voluntarily moving from an ongoing activity
to an unlocked room or otherwise separating from a situation or social contact
with others if the person chooses. For
the purposes of this definition, "voluntarily" means without being
forced, compelled, or coerced.; nor does it mean taking a brief break or
rest from an activity for the purpose of providing the person an opportunity to
regain self-control.
Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding a subdivision to read:
Subd. 35b. Unlicensed
staff. "Unlicensed
staff" means individuals not otherwise licensed or certified by a
governmental health board or agency.
Sec. 19. Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 1, is amended to read:
Subdivision 1. Applicability. (a) The commissioner shall regulate the provision of home and community-based services to persons with disabilities and persons age 65 and older pursuant to this chapter. The licensing standards in this chapter govern the provision of basic support services and intensive support services.
(b) Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and safety of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person. Basic support services include:
(1) in-home and out-of-home respite care services as defined in section 245A.02, subdivision 15, and under the brain injury, community alternative care, community alternatives for disabled individuals, developmental disability, and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000, subpart 4;
(2) adult companion services as defined under the brain injury, community alternatives for disabled individuals, and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;
(3) personal support as defined under the developmental disability waiver plan;
(4) 24-hour emergency assistance, personal emergency response as defined under the community alternatives for disabled individuals and developmental disability waiver plans;
(5) night supervision services as defined under the brain injury waiver plan; and
(6) homemaker services as defined under the community alternatives for disabled individuals, brain injury, community alternative care, developmental disability, and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only.
(c) Intensive support services provide assistance, supervision, and care that is necessary to ensure the health and safety of the person and services specifically directed toward the training, habilitation, or rehabilitation of the person. Intensive support services include:
(1) intervention services, including:
(i) behavioral support services as defined under the brain injury and community alternatives for disabled individuals waiver plans;
(ii) in-home or out-of-home crisis respite services as defined under the developmental disability waiver plan; and
(iii) specialist services as defined under the current developmental disability waiver plan;
(2) in-home support services, including:
(i) in-home family support and supported living services as defined under the developmental disability waiver plan;
(ii) independent living services training as defined under the brain injury and community alternatives for disabled individuals waiver plans; and
(iii) semi-independent living services;
(3) residential supports and services, including:
(i) supported living services as defined under the developmental disability waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility;
(ii) foster care services as defined in the brain injury, community alternative care, and community alternatives for disabled individuals waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting; and
(iii) residential services provided to
more than four persons with developmental disabilities in a supervised
living facility that is certified by the Department of Health as an ICF/DD,
including ICFs/DD;
(4) day services, including:
(i) structured day services as defined under the brain injury waiver plan;
(ii) day training and habilitation services under sections 252.40 to 252.46, and as defined under the developmental disability waiver plan; and
(iii) prevocational services as defined under the brain injury and community alternatives for disabled individuals waiver plans; and
(5) supported employment as defined under the brain injury, developmental disability, and community alternatives for disabled individuals waiver plans.
Sec. 20. Minnesota Statutes 2013 Supplement, section 245D.03, is amended by adding a subdivision to read:
Subd. 1a. Effect. The home and community-based services
standards establish health, safety, welfare, and rights protections for persons
receiving services governed by this chapter.
The standards recognize the diversity of persons receiving these
services and require that these services are provided in a manner that meets
each person's individual needs and ensures continuity in service planning,
care, and coordination between the license holder and members of each person's
support team or expanded support team.
Sec. 21. Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 2, is amended to read:
Subd. 2. Relationship to other standards governing home and community-based services. (a) A license holder governed by this chapter is also subject to the licensure requirements under chapter 245A.
(b) A corporate or family child foster
care site controlled by a license holder and providing services governed by
this chapter is exempt from compliance with section 245D.04. This exemption applies to foster care homes
where at least one resident is receiving residential supports and services
licensed according to this chapter.
This chapter does not apply to corporate or family child foster care
homes that do not provide services licensed under this chapter.
(c) A family adult foster care site
controlled by a license holder and providing services governed by this
chapter is exempt from compliance with Minnesota Rules, parts 9555.6185;
9555.6225, subpart 8; 9555.6245; 9555.6255; and 9555.6265. These exemptions apply to family adult foster
care homes where at least one resident is receiving residential supports and
services licensed according to this chapter.
This chapter does not apply to family adult foster care homes that do
not provide services licensed under this chapter.
(d) A license holder providing services
licensed according to this chapter in a supervised living facility is exempt
from compliance with sections section 245D.04; 245D.05,
subdivision 2; and 245D.06, subdivision 2, clauses (1), (4), and (5).
(e) A license holder providing residential services to persons in an ICF/DD is exempt from compliance with sections 245D.04; 245D.05, subdivision 1b; 245D.06, subdivision 2, clauses (4) and (5); 245D.071, subdivisions 4 and 5; 245D.081, subdivision 2; 245D.09, subdivision 7; 245D.095, subdivision 2; and 245D.11, subdivision 3.
(f) A license holder providing homemaker services licensed according to this chapter and registered according to chapter 144A is exempt from compliance with section 245D.04.
(g) Nothing in this chapter prohibits a license holder from concurrently serving persons without disabilities or people who are or are not age 65 and older, provided this chapter's standards are met as well as other relevant standards.
(h) The documentation required under sections 245D.07 and 245D.071 must meet the individual program plan requirements identified in section 256B.092 or successor provisions.
Sec. 22. Minnesota Statutes 2013 Supplement, section 245D.03, subdivision 3, is amended to read:
Subd. 3. Variance. If the conditions in section 245A.04,
subdivision 9, are met, the commissioner may grant a variance to any of the
requirements in this chapter, except sections 245D.04; 245D.06, subdivision 4,
paragraph (b), and subdivision 6, or successor provisions; and 245D.061,
subdivision 3, or provisions governing data practices and information
rights of persons.
Sec. 23. Minnesota Statutes 2013 Supplement, section 245D.04, subdivision 3, is amended to read:
Subd. 3. Protection-related rights. (a) A person's protection-related rights include the right to:
(1) have personal, financial, service, health, and medical information kept private, and be advised of disclosure of this information by the license holder;
(2) access records and recorded information about the person in accordance with applicable state and federal law, regulation, or rule;
(3) be free from maltreatment;
(4) be free from restraint, time out, or
seclusion, restrictive intervention, or other prohibited procedure
identified in section 245D.06, subdivision 5, or successor provisions, except
for: (i) emergency use of manual
restraint to protect the person from imminent danger to self or others
according to the requirements in section 245D.06; 245D.061 or
successor provisions; or (ii) the use of safety interventions as part of a
positive support transition plan under section 245D.06, subdivision 8, or
successor provisions;
(5) receive services in a clean and safe environment when the license holder is the owner, lessor, or tenant of the service site;
(6) be treated with courtesy and respect and receive respectful treatment of the person's property;
(7) reasonable observance of cultural and ethnic practice and religion;
(8) be free from bias and harassment regarding race, gender, age, disability, spirituality, and sexual orientation;
(9) be informed of and use the license holder's grievance policy and procedures, including knowing how to contact persons responsible for addressing problems and to appeal under section 256.045;
(10) know the name, telephone number, and the Web site, e-mail, and street addresses of protection and advocacy services, including the appropriate state-appointed ombudsman, and a brief description of how to file a complaint with these offices;
(11) assert these rights personally, or have them asserted by the person's family, authorized representative, or legal representative, without retaliation;
(12) give or withhold written informed consent to participate in any research or experimental treatment;
(13) associate with other persons of the person's choice;
(14) personal privacy; and
(15) engage in chosen activities.
(b) For a person residing in a residential site licensed according to chapter 245A, or where the license holder is the owner, lessor, or tenant of the residential service site, protection-related rights also include the right to:
(1) have daily, private access to and use of a non-coin-operated telephone for local calls and long-distance calls made collect or paid for by the person;
(2) receive and send, without interference, uncensored, unopened mail or electronic correspondence or communication;
(3) have use of and free access to common areas in the residence; and
(4) privacy for visits with the person's spouse, next of kin, legal counsel, religious advisor, or others, in accordance with section 363A.09 of the Human Rights Act, including privacy in the person's bedroom.
(c) Restriction of a person's rights under
subdivision 2, clause (10), or paragraph (a), clauses (13) to (15), or
paragraph (b) is allowed only if determined necessary to ensure the health,
safety, and well-being of the person. Any
restriction of those rights must be documented in the person's coordinated
service and support plan or coordinated service and support plan addendum. The restriction must be implemented in the
least restrictive alternative manner necessary to protect the person and
provide support to reduce or eliminate the need for the restriction in the most
integrated setting and inclusive manner.
The documentation must include the following information:
(1) the justification for the restriction based on an assessment of the person's vulnerability related to exercising the right without restriction;
(2) the objective measures set as conditions for ending the restriction;
(3) a schedule for reviewing the need for the restriction based on the conditions for ending the restriction to occur semiannually from the date of initial approval, at a minimum, or more frequently if requested by the person, the person's legal representative, if any, and case manager; and
(4) signed and dated approval for the restriction from the person, or the person's legal representative, if any. A restriction may be implemented only when the required approval has been obtained. Approval may be withdrawn at any time. If approval is withdrawn, the right must be immediately and fully restored.
Sec. 24. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is amended to read:
Subdivision 1. Health needs. (a) The license holder is responsible for meeting health service needs assigned in the coordinated service and support plan or the coordinated service and support plan addendum, consistent with the person's health needs. The license holder is responsible for promptly notifying the person's legal representative, if any, and the case manager of changes in a person's physical and mental health needs affecting health service needs assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, when discovered by the license holder, unless the license holder has reason to know the change has already been reported. The license holder must document when the notice is provided.
(b) If responsibility for meeting the person's health service needs has been assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, the license holder must maintain documentation on how the person's health needs will be met, including a description of the procedures the license holder will follow in order to:
(1) provide medication setup,
assistance, or medication administration according to this
chapter. Unlicensed staff responsible
for medication setup or medication administration under this section must
complete training according to section 245D.09, subdivision 4a, paragraph (d);
(2) monitor health conditions according to written instructions from a licensed health professional;
(3) assist with or coordinate medical, dental, and other health service appointments; or
(4) use medical equipment, devices, or adaptive aides or technology safely and correctly according to written instructions from a licensed health professional.
Sec. 25. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1a, is amended to read:
Subd. 1a. Medication
setup. (a) For the purposes
of this subdivision, "medication setup" means the arranging of
medications according to instructions from the pharmacy, the prescriber, or a
licensed nurse, for later administration when the license holder is assigned
responsibility for medication assistance or medication administration in
the coordinated service and support plan or the coordinated service and support
plan addendum. A prescription label or
the prescriber's written or electronically recorded order for the prescription
is sufficient to constitute written instructions from the prescriber.
(b) If responsibility for medication setup is assigned to the license holder in the coordinated service and support plan or the coordinated service and support plan addendum, or if the license holder provides it as part of medication assistance or medication administration, the license holder must document in the person's medication administration record: dates of setup, name of medication, quantity of dose, times to be administered, and route of administration at time of setup; and, when the person will be away from home, to whom the medications were given.
Sec. 26. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is amended to read:
Subd. 1b. Medication
assistance. (a) For purposes of
this subdivision, "medication assistance" means any of the following:
(1) bringing to the person and opening
a container of previously set up medications, emptying the container into the
person's hand, or opening and giving the medications in the original container
to the person under the direction of the person;
(2) bringing to the person liquids or
food to accompany the medication; or
(3)
providing reminders, in person, remotely, or through programming devices such
as telephones, alarms, or medication boxes, to take regularly scheduled
medication or perform regularly scheduled treatments and exercises.
(b) If responsibility for
medication assistance is assigned to the license holder in the coordinated
service and support plan or the coordinated service and support plan addendum,
the license holder must ensure that the requirements of subdivision 2,
paragraph (b), have been met when staff provides medication assistance to
enable is provided in a manner that enables a person to
self-administer medication or treatment when the person is capable of directing
the person's own care, or when the person's legal representative is present and
able to direct care for the person. For
the purposes of this subdivision, "medication assistance" means any
of the following:
(1) bringing to the person and opening
a container of previously set up medications, emptying the container into the
person's hand, or opening and giving the medications in the original container
to the person;
(2) bringing to the person liquids or
food to accompany the medication; or
(3) providing reminders to take
regularly scheduled medication or perform regularly scheduled treatments and
exercises.
Sec. 27. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 2, is amended to read:
Subd. 2. Medication
administration. (a) If
responsibility for medication administration is assigned to the license holder
in the coordinated service and support plan or the coordinated service and
support plan addendum, the license holder must implement the following
medication administration procedures to ensure a person takes medications and
treatments as prescribed For purposes of this subdivision,
"medication administration" means:
(1) checking the person's medication record;
(2) preparing the medication as necessary;
(3) administering the medication or treatment to the person;
(4) documenting the administration of the medication or treatment or the reason for not administering the medication or treatment; and
(5) reporting to the prescriber or a nurse any concerns about the medication or treatment, including side effects, effectiveness, or a pattern of the person refusing to take the medication or treatment as prescribed. Adverse reactions must be immediately reported to the prescriber or a nurse.
(b)(1) If responsibility for medication
administration is assigned to the license holder in the coordinated service and
support plan or the coordinated service and support plan addendum, the license
holder must implement medication administration procedures to ensure a person
takes medications and treatments as prescribed. The license holder must ensure that the
requirements in clauses (2) to (4) and (3) have been met before
administering medication or treatment.
(2) The license holder must obtain written authorization from the person or the person's legal representative to administer medication or treatment and must obtain reauthorization annually as needed. This authorization shall remain in effect unless it is withdrawn in writing and may be withdrawn at any time. If the person or the person's legal representative refuses to authorize the license holder to administer medication, the medication must not be administered. The refusal to authorize medication administration must be reported to the prescriber as expediently as possible.
(3)
The staff person responsible for administering the medication or treatment must
complete medication administration training according to section 245D.09,
subdivision 4a, paragraphs (a) and (c), and, as applicable to the person,
paragraph (d).
(4) (3) For a license holder
providing intensive support services, the medication or treatment must be
administered according to the license holder's medication administration policy
and procedures as required under section 245D.11, subdivision 2, clause (3).
(c) The license holder must ensure the following information is documented in the person's medication administration record:
(1) the information on the current prescription label or the prescriber's current written or electronically recorded order or prescription that includes the person's name, description of the medication or treatment to be provided, and the frequency and other information needed to safely and correctly administer the medication or treatment to ensure effectiveness;
(2) information on any risks or other side effects that are reasonable to expect, and any contraindications to its use. This information must be readily available to all staff administering the medication;
(3) the possible consequences if the medication or treatment is not taken or administered as directed;
(4) instruction on when and to whom to report the following:
(i) if a dose of medication is not administered or treatment is not performed as prescribed, whether by error by the staff or the person or by refusal by the person; and
(ii) the occurrence of possible adverse reactions to the medication or treatment;
(5) notation of any occurrence of a dose of medication not being administered or treatment not performed as prescribed, whether by error by the staff or the person or by refusal by the person, or of adverse reactions, and when and to whom the report was made; and
(6) notation of when a medication or treatment is started, administered, changed, or discontinued.
Sec. 28. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 4, is amended to read:
Subd. 4. Reviewing and reporting medication and treatment issues. (a) When assigned responsibility for medication administration, the license holder must ensure that the information maintained in the medication administration record is current and is regularly reviewed to identify medication administration errors. At a minimum, the review must be conducted every three months, or more frequently as directed in the coordinated service and support plan or coordinated service and support plan addendum or as requested by the person or the person's legal representative. Based on the review, the license holder must develop and implement a plan to correct patterns of medication administration errors when identified.
(b) If assigned responsibility for medication assistance or medication administration, the license holder must report the following to the person's legal representative and case manager as they occur or as otherwise directed in the coordinated service and support plan or the coordinated service and support plan addendum:
(1) any
reports made to the person's physician or prescriber required under
subdivision 2, paragraph (c), clause (4);
(2) a person's refusal or failure to take or receive medication or treatment as prescribed; or
(3) concerns about a person's self-administration of medication or treatment.
Sec. 29. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 5, is amended to read:
Subd. 5. Injectable medications. Injectable medications may be administered according to a prescriber's order and written instructions when one of the following conditions has been met:
(1) a registered nurse or licensed practical
nurse will administer the subcutaneous or intramuscular injection;
(2) a supervising registered nurse with a
physician's order has delegated the administration of subcutaneous
injectable medication to an unlicensed staff member and has provided the
necessary training; or
(3) there is an agreement signed by the
license holder, the prescriber, and the person or the person's legal
representative specifying what subcutaneous injections may be given,
when, how, and that the prescriber must retain responsibility for the license
holder's giving the injections. A copy
of the agreement must be placed in the person's service recipient record.
Only licensed health professionals are allowed to administer psychotropic medications by injection.
Sec. 30. Minnesota Statutes 2013 Supplement, section 245D.051, is amended to read:
245D.051
PSYCHOTROPIC MEDICATION USE AND MONITORING.
Subdivision 1. Conditions
for psychotropic medication administration.
(a) When a person is prescribed a psychotropic medication and the
license holder is assigned responsibility for administration of the medication
in the person's coordinated service and support plan or the coordinated service
and support plan addendum, the license holder must ensure that the requirements
in paragraphs (b) to (d) and section 245D.05, subdivision 2, are met.
(b) Use of the medication must be
included in the person's coordinated service and support plan or in the
coordinated service and support plan addendum and based on a prescriber's
current written or electronically recorded prescription.
(c) (b) The license holder
must develop, implement, and maintain the following documentation in the
person's coordinated service and support plan addendum according to the
requirements in sections 245D.07 and 245D.071:
(1) a description of the target symptoms that the psychotropic medication is to alleviate; and
(2) documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication if required by the prescriber. The license holder must collect and report on medication and symptom-related data as instructed by the prescriber. The license holder must provide the monitoring data to the expanded support team for review every three months, or as otherwise requested by the person or the person's legal representative.
For the purposes of this section, "target symptom" refers to any perceptible diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation.
Subd. 2. Refusal
to authorize psychotropic medication. If
the person or the person's legal representative refuses to authorize the
administration of a psychotropic medication as ordered by the prescriber, the
license holder must follow the requirement in section 245D.05, subdivision
2, paragraph (b), clause (2). not
administer the medication. The refusal
to authorize medication administration must be reported to the prescriber as
expediently as possible. After
reporting the refusal to the prescriber, the license holder must follow any
directives or orders given by the prescriber.
A court order must be obtained to override the refusal. A refusal may not be overridden without a
court order. Refusal to authorize administration of a specific psychotropic medication is not grounds for service termination and does not constitute an emergency. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3.
Sec. 31. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is amended to read:
Subdivision 1. Incident response and reporting. (a) The license holder must respond to incidents under section 245D.02, subdivision 11, that occur while providing services to protect the health and safety of and minimize risk of harm to the person.
(b) The license holder must maintain information about and report incidents to the person's legal representative or designated emergency contact and case manager within 24 hours of an incident occurring while services are being provided, within 24 hours of discovery or receipt of information that an incident occurred, unless the license holder has reason to know that the incident has already been reported, or as otherwise directed in a person's coordinated service and support plan or coordinated service and support plan addendum. An incident of suspected or alleged maltreatment must be reported as required under paragraph (d), and an incident of serious injury or death must be reported as required under paragraph (e).
(c) When the incident involves more than one person, the license holder must not disclose personally identifiable information about any other person when making the report to each person and case manager unless the license holder has the consent of the person.
(d) Within 24 hours of reporting maltreatment as required under section 626.556 or 626.557, the license holder must inform the case manager of the report unless there is reason to believe that the case manager is involved in the suspected maltreatment. The license holder must disclose the nature of the activity or occurrence reported and the agency that received the report.
(e) The license holder must report the death or serious injury of the person as required in paragraph (b) and to the Department of Human Services Licensing Division, and the Office of Ombudsman for Mental Health and Developmental Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death, or receipt of information that the death occurred, unless the license holder has reason to know that the death has already been reported.
(f) When a death or serious injury occurs in a facility certified as an intermediate care facility for persons with developmental disabilities, the death or serious injury must be reported to the Department of Health, Office of Health Facility Complaints, and the Office of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the death has already been reported.
(g) The license holder must conduct an internal review of incident reports of deaths and serious injuries that occurred while services were being provided and that were not reported by the program as alleged or suspected maltreatment, for identification of incident patterns, and implementation of corrective action as necessary to reduce occurrences. The review must include an evaluation of whether related policies and procedures were followed, whether the policies and procedures were adequate, whether there is a need for additional staff training, whether the reported event is similar to past events with the persons or the services involved, and whether there is a need for corrective action by the license holder to protect the health and safety of persons receiving services. Based on the results of this review, the license holder must develop, document, and implement a corrective action plan designed to correct current lapses and prevent future lapses in performance by staff or the license holder, if any.
(h) The license holder must verbally report the emergency use of manual restraint of a person as required in paragraph (b) within 24 hours of the occurrence. The license holder must ensure the written report and internal review of all incident reports of the emergency use of manual restraints are completed according to the requirements in section 245D.061 or successor provisions.
Sec. 32. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 2, is amended to read:
Subd. 2. Environment and safety. The license holder must:
(1) ensure the following when the license holder is the owner, lessor, or tenant of the service site:
(i) the service site is a safe and hazard-free environment;
(ii) that toxic substances or dangerous items are inaccessible to persons served by the program only to protect the safety of a person receiving services when a known safety threat exists and not as a substitute for staff supervision or interactions with a person who is receiving services. If toxic substances or dangerous items are made inaccessible, the license holder must document an assessment of the physical plant, its environment, and its population identifying the risk factors which require toxic substances or dangerous items to be inaccessible and a statement of specific measures to be taken to minimize the safety risk to persons receiving services and to restore accessibility to all persons receiving services at the service site;
(iii) doors are locked from the inside to prevent a person from exiting only when necessary to protect the safety of a person receiving services and not as a substitute for staff supervision or interactions with the person. If doors are locked from the inside, the license holder must document an assessment of the physical plant, the environment and the population served, identifying the risk factors which require the use of locked doors, and a statement of specific measures to be taken to minimize the safety risk to persons receiving services at the service site; and
(iv) a staff person is available at the service site who is trained in basic first aid and, when required in a person's coordinated service and support plan or coordinated service and support plan addendum, cardiopulmonary resuscitation (CPR) whenever persons are present and staff are required to be at the site to provide direct support service. The CPR training must include in-person instruction, hands-on practice, and an observed skills assessment under the direct supervision of a CPR instructor;
(2) maintain equipment, vehicles, supplies, and materials owned or leased by the license holder in good condition when used to provide services;
(3) follow procedures to ensure safe transportation, handling, and transfers of the person and any equipment used by the person, when the license holder is responsible for transportation of a person or a person's equipment;
(4) be prepared for emergencies and follow emergency response procedures to ensure the person's safety in an emergency; and
(5) follow universal precautions and sanitary practices, including hand washing, for infection prevention and control, and to prevent communicable diseases.
Sec. 33. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 4, is amended to read:
Subd. 4. Funds and property; legal representative restrictions. (a) Whenever the license holder assists a person with the safekeeping of funds or other property according to section 245A.04, subdivision 13, the license holder must obtain written authorization to do so from the person or the person's legal representative and the case manager. Authorization must be obtained within five working days of service initiation and renewed annually thereafter. At the time initial authorization is obtained, the license holder must survey, document, and implement the preferences of the person or the person's legal representative and the case manager for frequency of receiving a statement that itemizes receipts and disbursements of funds or other property. The license holder must document changes to these preferences when they are requested.
(b) A license holder or staff person may not accept powers-of-attorney from a person receiving services from the license holder for any purpose. This does not apply to license holders that are Minnesota counties or other units of government or to staff persons employed by license holders who were acting as attorney-in-fact for specific individuals prior to implementation of this chapter. The license holder must maintain documentation of the power-of-attorney in the service recipient record.
(c) A license holder or staff person is
restricted from accepting an appointment as a guardian as follows:
(1)
under section 524.5-309 of the Uniform Probate Code, any individual or agency
that provides residence, custodial care, medical care, employment training, or
other care or services for which the individual or agency receives a fee may
not be appointed as guardian unless related to the respondent by blood, marriage,
or adoption; and
(2) under section 245A.03, subdivision
2, paragraph (a), clause (1), a related individual as defined under section
245A.02, subdivision 13, is excluded from licensure. Services provided by a license holder to a
person under the license holder's guardianship are not licensed services.
(c) (d) Upon the transfer or
death of a person, any funds or other property of the person must be
surrendered to the person or the person's legal representative, or given to the
executor or administrator of the estate in exchange for an itemized receipt.
Sec. 34. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 6, is amended to read:
Subd. 6. Restricted procedures. (a) The following procedures are allowed when the procedures are implemented in compliance with the standards governing their use as identified in clauses (1) to (3). Allowed but restricted procedures include:
(1) permitted actions and procedures subject to the requirements in subdivision 7;
(2) procedures identified in a positive support transition plan subject to the requirements in subdivision 8; or
(3) emergency use of manual restraint subject to the requirements in section 245D.061.
For purposes of this chapter, this section supersedes the requirements identified in Minnesota Rules, part 9525.2740.
(b) A restricted procedure identified in
paragraph (a) must not:
(1) be implemented with a child in a
manner that constitutes sexual abuse, neglect, physical abuse, or mental
injury, as defined in section 626.556, subdivision 2;
(2) be implemented with an adult in a
manner that constitutes abuse or neglect as defined in section 626.5572,
subdivision 2 or 17;
(3) be implemented in a manner that
violates a person's rights identified in section 245D.04;
(4) restrict a person's normal access
to a nutritious diet, drinking water, adequate ventilation, necessary medical
care, ordinary hygiene facilities, normal sleeping conditions, necessary
clothing, or any protection required by state licensing standards or federal
regulations governing the program;
(5) deny the person visitation or
ordinary contact with legal counsel, a legal representative, or next of kin;
(6)
be used for the convenience of staff, as punishment, as a substitute for
adequate staffing, or as a consequence if the person refuses to participate in
the treatment or services provided by the program;
(7) use prone restraint. For purposes of this section, "prone
restraint" means use of manual restraint that places a person in a
face-down position. Prone restraint does
not include brief physical holding of a person who, during an emergency use of
manual restraint, rolls into a prone position, if the person is restored to a
standing, sitting, or side-lying position as quickly as possible;
(8) apply back or chest pressure while
a person is in a prone position as identified in clause (7), supine position,
or side-lying position; or
(9) be implemented in a manner that is
contraindicated for any of the person's known medical or psychological
limitations.
Sec. 35. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 7, is amended to read:
Subd. 7. Permitted actions and procedures. (a) Use of the instructional techniques and intervention procedures as identified in paragraphs (b) and (c) is permitted when used on an intermittent or continuous basis. When used on a continuous basis, it must be addressed in a person's coordinated service and support plan addendum as identified in sections 245D.07 and 245D.071. For purposes of this chapter, the requirements of this subdivision supersede the requirements identified in Minnesota Rules, part 9525.2720.
(b) Physical contact or instructional techniques must use the least restrictive alternative possible to meet the needs of the person and may be used:
(1) to calm or comfort a person by holding that person with no resistance from that person;
(2) to protect a person known to be at
risk or of injury due to frequent falls as a result of a medical condition;
(3) to facilitate the person's completion
of a task or response when the person does not resist or the person's
resistance is minimal in intensity and duration; or
(4) to briefly block or redirect a
person's limbs or body without holding the person or limiting the person's
movement to interrupt the person's behavior that may result in injury to self
or others. with less than 60 seconds of physical contact by staff; or
(5) to redirect a person's behavior
when the behavior does not pose a serious threat to the person or others and
the behavior is effectively redirected with less than 60 seconds of physical
contact by staff.
(c) Restraint may be used as an intervention procedure to:
(1) allow a licensed health care professional to safely conduct a medical examination or to provide medical treatment ordered by a licensed health care professional to a person necessary to promote healing or recovery from an acute, meaning short-term, medical condition;
(2) assist in the safe evacuation or redirection
of a person in the event of an emergency and the person is at imminent risk of
harm.; or
Any use of manual restraint as allowed in this paragraph
must comply with the restrictions identified in section 245D.061, subdivision
3; or
(3) position a person with physical disabilities in a manner specified in the person's coordinated service and support plan addendum.
Any use of manual
restraint as allowed in this paragraph must comply with the restrictions
identified in subdivision 6, paragraph (b).
(d) Use of adaptive aids or equipment, orthotic devices, or other medical equipment ordered by a licensed health professional to treat a diagnosed medical condition do not in and of themselves constitute the use of mechanical restraint.
Sec. 36. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 8, is amended to read:
Subd. 8. Positive
support transition plan. (a)
License holders must develop a positive support transition plan on the forms
and in the manner prescribed by the commissioner for a person who requires
intervention in order to maintain safety when it is known that the person's
behavior poses an immediate risk of physical harm to self or others. The positive support transition plan forms
and instructions will supersede the requirements in Minnesota Rules, parts
9525.2750; 9525.2760; and 9525.2780. The
positive support transition plan must phase out any existing plans for the
emergency or programmatic use of aversive or deprivation procedures restrictive
interventions prohibited under this chapter within the following timelines:
(1) for persons receiving services from the license holder before January 1, 2014, the plan must be developed and implemented by February 1, 2014, and phased out no later than December 31, 2014; and
(2) for persons admitted to the program on or after January 1, 2014, the plan must be developed and implemented within 30 calendar days of service initiation and phased out no later than 11 months from the date of plan implementation.
(b) The commissioner has limited
authority to grant approval for the emergency use of procedures identified in
subdivision 6 that had been part of an approved positive support transition
plan when a person is at imminent risk of serious injury as defined in section
245.91, subdivision 6, due to self-injurious behavior and the following
conditions are met:
(1) the person's expanded support team
approves the emergency use of the procedures; and
(2) the interim review panel
established in section 245.8251, subdivision 4, recommends commissioner
approval of the emergency use of the procedures.
(c) Written requests for the emergency
use of the procedures must be developed and submitted to the commissioner by
the designated coordinator with input from the person's expanded support team
in accordance with the requirements set by the interim review panel, in
addition to the following:
(1) a copy of the person's current
positive support transition plan and copies of each positive support transition
plan review containing data on the progress of the plan from the previous year;
(2) documentation of a good faith
effort to eliminate the use of the procedures that had been part of an approved
positive support transition plan;
(3) justification for the continued use
of the procedures that identifies the imminent risk of serious injury due to
the person's self-injurious behavior if the procedures were eliminated;
(4)
documentation of the clinicians consulted in creating and maintaining the
positive support transition plan; and
(5)
documentation of the expanded support team's approval and the recommendation
from the interim panel required under paragraph (b).
(d) A copy of the written request,
supporting documentation, and the commissioner's final determination on the
request must be maintained in the person's service recipient record.
Sec. 37. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3, is amended to read:
Subd. 3. Assessment and initial service planning. (a) Within 15 days of service initiation the license holder must complete a preliminary coordinated service and support plan addendum based on the coordinated service and support plan.
(b) Within 45 days of service initiation
the license holder must meet with the person, the person's legal
representative, the case manager, and other members of the support team or
expanded support team to assess and determine the following based on the
person's coordinated service and support plan and the requirements in
subdivision 4 and section 245D.07, subdivision 1a:
(1) the scope of the services to be
provided to support the person's daily needs and activities;
(2) the person's desired outcomes and
the supports necessary to accomplish the person's desired outcomes;
(3) the person's preferences for how
services and supports are provided;
(4) whether the current service setting
is the most integrated setting available and appropriate for the person; and
(5) how services must be coordinated
across other providers licensed under this chapter serving the same person to
ensure continuity of care for the person.
(c) Within the scope of services, the
license holder must, at a minimum, assess the following areas:
(1) the person's ability to self-manage
health and medical needs to maintain or improve physical, mental, and emotional
well-being, including, when applicable, allergies, seizures, choking, special
dietary needs, chronic medical conditions, self-administration of medication or
treatment orders, preventative screening, and medical and dental appointments;
(2) the person's ability to self-manage
personal safety to avoid injury or accident in the service setting, including,
when applicable, risk of falling, mobility, regulating water temperature,
community survival skills, water safety skills, and sensory disabilities; and
(3) the person's ability to self-manage
symptoms or behavior that may otherwise result in an incident as defined in
section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination
of services by the license holder, or other symptoms or behaviors that may
jeopardize the health and safety of the person or others. The assessments must produce information
about the person that is descriptive of the person's overall strengths,
functional skills and abilities, and behaviors or symptoms.
(b) Within the scope of services, the
license holder must, at a minimum, complete assessments in the following areas
before the 45-day planning meeting:
(1) the person's ability to self-manage
health and medical needs to maintain or improve physical, mental, and emotional
well-being, including, when applicable, allergies, seizures, choking, special
dietary needs, chronic medical conditions, self-administration of medication or
treatment orders, preventative screening, and medical and dental appointments;
(2)
the person's ability to self-manage personal safety to avoid injury or accident
in the service setting, including, when applicable, risk of falling, mobility,
regulating water temperature, community survival skills, water safety skills,
and sensory disabilities; and
(3) the person's ability to self-manage
symptoms or behavior that may otherwise result in an incident as defined in
section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination
of services by the license holder, or other symptoms or behaviors that may
jeopardize the health and safety of the person or others.
Assessments must produce information about the person that
describes the person's overall strengths, functional skills and abilities, and
behaviors or symptoms. Assessments must
be based on the person's status within the last 12 months at the time of
service initiation. Assessments based on
older information must be documented and justified. Assessments must be conducted annually at a
minimum or within 30 days of a written request from the person or the person's
legal representative or case manager. The
results must be reviewed by the support team or expanded support team as part
of a service plan review.
(c) Within 45 days of service
initiation, the license holder must meet with the person, the person's legal
representative, the case manager, and other members of the support team or
expanded support team to determine the following based on information obtained
from the assessments identified in paragraph (b), the person's identified needs
in the coordinated service and support plan, and the requirements in
subdivision 4 and section 245D.07, subdivision 1a:
(1) the scope of the services to be
provided to support the person's daily needs and activities;
(2) the person's desired outcomes and
the supports necessary to accomplish the person's desired outcomes;
(3) the person's preferences for how
services and supports are provided;
(4) whether the current service setting
is the most integrated setting available and appropriate for the person; and
(5) how services must be coordinated
across other providers licensed under this chapter serving the person and
members of the support team or expanded support team to ensure continuity of
care and coordination of services for the person.
Sec. 38. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4, is amended to read:
Subd. 4. Service
outcomes and supports. (a) Within
ten working days of the 45-day planning meeting, the license holder must
develop and document a service plan that documents the service
outcomes and supports based on the assessments completed under subdivision 3
and the requirements in section 245D.07, subdivision 1a. The outcomes and supports must be included in
the coordinated service and support plan addendum.
(b) The license holder must document the
supports and methods to be implemented to support the accomplishment of person
and accomplish outcomes related to acquiring, retaining, or improving
skills and physical, mental, and emotional health and well-being. The documentation must include:
(1) the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about:
(i) any changes or modifications to the physical and social environments necessary when the service supports are provided;
(ii) any equipment and materials required; and
(iii) techniques that are consistent with the person's communication mode and learning style;
(2) the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected;
(3) the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and
(4) the names of the staff or position responsible for implementing the supports and methods.
(c) Within 20 working days of the 45-day meeting, the license holder must obtain dated signatures from the person or the person's legal representative and case manager to document completion and approval of the assessment and coordinated service and support plan addendum.
Sec. 39. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5, is amended to read:
Subd. 5. Progress
reviews Service plan review and evaluation. (a) The license holder must give the
person or the person's legal representative and case manager an opportunity to
participate in the ongoing review and development of the service plan and
the methods used to support the person and accomplish outcomes identified
in subdivisions 3 and 4. The license
holder, in coordination with the person's support team or expanded support
team, must meet with the person, the person's legal representative, and the
case manager, and participate in progress service plan review
meetings following stated timelines established in the person's coordinated
service and support plan or coordinated service and support plan addendum or
within 30 days of a written request by the person, the person's legal representative,
or the case manager, at a minimum of once per year. The purpose of the service plan review is
to determine whether changes are needed to the service plan based on the
assessment information, the license holder's evaluation of progress towards
accomplishing outcomes, or other information provided by the support team or
expanded support team.
(b) The license holder must summarize the person's status and progress toward achieving the identified outcomes and make recommendations and identify the rationale for changing, continuing, or discontinuing implementation of supports and methods identified in subdivision 4 in a written report sent to the person or the person's legal representative and case manager five working days prior to the review meeting, unless the person, the person's legal representative, or the case manager requests to receive the report at the time of the meeting.
(c) Within ten working days of the progress review meeting, the license holder must obtain dated signatures from the person or the person's legal representative and the case manager to document approval of any changes to the coordinated service and support plan addendum.
Sec. 40. Minnesota Statutes 2013 Supplement, section 245D.081, subdivision 2, is amended to read:
Subd. 2. Coordination and evaluation of individual service delivery. (a) Delivery and evaluation of services provided by the license holder must be coordinated by a designated staff person. The designated coordinator must provide supervision, support, and evaluation of activities that include:
(1) oversight of the license holder's responsibilities assigned in the person's coordinated service and support plan and the coordinated service and support plan addendum;
(2) taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07;
(3) instruction and assistance to direct support staff implementing the coordinated service and support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency; and
(4) evaluation of the effectiveness of service delivery, methodologies, and progress on the person's outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07.
(b) The license holder must ensure that the
designated coordinator is competent to perform the required duties identified
in paragraph (a) through education and, training in human
services and disability-related fields, and work experience in providing
direct care services and supports to persons with disabilities relevant
to the primary disability of persons served by the license holder and the
individual persons for whom the designated coordinator is responsible. The designated coordinator must have the
skills and ability necessary to develop effective plans and to design and use
data systems to measure effectiveness of services and supports. The license holder must verify and document
competence according to the requirements in section 245D.09, subdivision 3. The designated coordinator must minimally
have:
(1) a baccalaureate degree in a field related to human services, and one year of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older;
(2) an associate degree in a field related to human services, and two years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older;
(3) a diploma in a field related to human services from an accredited postsecondary institution and three years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older; or
(4) a minimum of 50 hours of education and training related to human services and disabilities; and
(5) four years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older under the supervision of a staff person who meets the qualifications identified in clauses (1) to (3).
Sec. 41. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is amended to read:
Subd. 3. Staff qualifications. (a) The license holder must ensure that staff providing direct support, or staff who have responsibilities related to supervising or managing the provision of direct support service, are competent as demonstrated through skills and knowledge training, experience, and education relevant to the primary disability of the person and to meet the person's needs and additional requirements as written in the coordinated service and support plan or coordinated service and support plan addendum, or when otherwise required by the case manager or the federal waiver plan. The license holder must verify and maintain evidence of staff competency, including documentation of:
(1) education and experience qualifications
relevant to the job responsibilities assigned to the staff and to the needs
of the general population primary disability of persons served by
the program, including a valid degree and transcript, or a current license,
registration, or certification, when a degree or licensure, registration, or
certification is required by this chapter or in the coordinated service and
support plan or coordinated service and support plan addendum;
(2) demonstrated competency in the
orientation and training areas required under this chapter, and when
applicable, completion of continuing education required to maintain professional
licensure, registration, or certification requirements. Competency in these areas is determined by
the license holder through knowledge testing and or observed
skill assessment conducted by the trainer or instructor; and
(3) except for a license holder who is the sole direct support staff, periodic performance evaluations completed by the license holder of the direct support staff person's ability to perform the job functions based on direct observation.
(b) Staff under 18 years of age may not perform overnight duties or administer medication.
Sec. 42. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a, is amended to read:
Subd. 4a. Orientation
to individual service recipient needs. (a)
Before having unsupervised direct contact with a person served by the program,
or for whom the staff person has not previously provided direct support, or any
time the plans or procedures identified in paragraphs (b) to (f) (g)
are revised, the staff person must review and receive instruction on the
requirements in paragraphs (b) to (f) (g) as they relate to the
staff person's job functions for that person.
(b) Training and competency evaluations must include the following:
(1) appropriate and safe techniques in personal hygiene and grooming, including hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily living (ADLs) as defined under section 256B.0659, subdivision 1;
(2) an understanding of what constitutes a healthy diet according to data from the Centers for Disease Control and Prevention and the skills necessary to prepare that diet;
(3) skills necessary to provide appropriate support in instrumental activities of daily living (IADLs) as defined under section 256B.0659, subdivision 1; and
(4) demonstrated competence in providing first aid.
(c) The staff person must review and receive instruction on the person's coordinated service and support plan or coordinated service and support plan addendum as it relates to the responsibilities assigned to the license holder, and when applicable, the person's individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans.
(d) The staff person must review and receive
instruction on medication setup, assistance, or administration
procedures established for the person when medication administration is
assigned to the license holder according to section 245D.05, subdivision 1,
paragraph (b). Unlicensed staff may administer
medications perform medication setup or medication administration
only after successful completion of a medication setup or medication
administration training, from a training curriculum developed by a registered
nurse, clinical nurse specialist in psychiatric and mental health nursing,
certified nurse practitioner, physician's assistant, or physician or
appropriate licensed health professional.
The training curriculum must incorporate an observed skill assessment
conducted by the trainer to ensure unlicensed staff demonstrate the
ability to safely and correctly follow medication procedures.
Medication administration must be taught by a registered nurse, clinical nurse specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of service initiation or any time thereafter, the person has or develops a health care condition that affects the service options available to the person because the condition requires:
(1) specialized or intensive medical or nursing supervision; and
(2) nonmedical service providers to adapt their services to accommodate the health and safety needs of the person.
(e) The staff person must review and receive instruction on the safe and correct operation of medical equipment used by the person to sustain life, including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training must be provided by a licensed health care professional or a manufacturer's representative and incorporate an observed skill assessment to ensure staff demonstrate the ability to safely and correctly operate the equipment according to the treatment orders and the manufacturer's instructions.
(f) The staff person must review and receive instruction on what constitutes use of restraints, time out, and seclusion, including chemical restraint, and staff responsibilities related to the prohibitions of their use according to the requirements in section 245D.06, subdivision 5 or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior and why they are not safe, and the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions.
(g) The staff person must review and receive
instruction on mental health crisis response, de-escalation techniques, and
suicide intervention when providing direct support to a person with a serious
mental illness.
(g) (h) In the event of an
emergency service initiation, the license holder must ensure the training
required in this subdivision occurs within 72 hours of the direct support staff
person first having unsupervised contact with the person receiving services. The license holder must document the reason
for the unplanned or emergency service initiation and maintain the
documentation in the person's service recipient record.
(h) (i) License holders who
provide direct support services themselves must complete the orientation
required in subdivision 4, clauses (3) to (7).
Sec. 43. Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 2, is amended to read:
Subd. 2. Behavior
professional qualifications. A
behavior professional providing behavioral support services as identified in
section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), as
defined in the brain injury and community alternatives for disabled individuals
waiver plans or successor plans, must have competencies in the following
areas related to as required under the brain injury and community alternatives
for disabled individuals waiver plans or successor plans:
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and interpretation of data;
(5) selecting intervention outcomes and strategies;
(6) behavior reduction and elimination strategies that promote least restrictive approved alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or neurocognitive disorder;
(11) demonstrated expertise with populations being served; and
(12) must be a:
(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board of Psychology competencies in the above identified areas;
(ii) clinical social worker licensed as an independent clinical social worker under chapter 148D, or a person with a master's degree in social work from an accredited college or university, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter 147 and certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry with competencies in the areas identified in clauses (1) to (11);
(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39 with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services who has demonstrated competencies in the areas identified in clauses (1) to (11);
(v) person with a master's degree from an accredited college or university in one of the behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services with demonstrated competencies in the areas identified in clauses (1) to (11); or
(vi) registered nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization, or who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services.
Sec. 44. Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 3, is amended to read:
Subd. 3. Behavior
analyst qualifications. (a) A behavior
analyst providing behavioral support services as identified in section
245D.03, subdivision 1, paragraph (c), clause (1), item (i), as defined
in the brain injury and community alternatives for disabled individuals waiver
plans or successor plans, must have competencies in the following areas
as required under the brain injury and community alternatives for disabled
individuals waiver plans or successor plans:
(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services discipline; or
(2) meet the qualifications of a mental health practitioner as defined in section 245.462, subdivision 17.
(b) In addition, a behavior analyst must:
(1) have four years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder;
(2) have received ten hours of instruction in functional assessment and functional analysis;
(3) have received 20 hours of instruction in the understanding of the function of behavior;
(4) have received ten hours of instruction on design of positive practices behavior support strategies;
(5) have received 20 hours of instruction on the use of behavior reduction approved strategies used only in combination with behavior positive practices strategies;
(6) be determined by a behavior professional to have the training and prerequisite skills required to provide positive practice strategies as well as behavior reduction approved and permitted intervention to the person who receives behavioral support; and
(7) be under the direct supervision of a behavior professional.
Sec. 45. Minnesota Statutes 2013 Supplement, section 245D.091, subdivision 4, is amended to read:
Subd. 4. Behavior
specialist qualifications. (a) A
behavior specialist providing behavioral support services as identified in
section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), as
defined in the brain injury and community alternatives for disabled individuals
waiver plans or successor plans, must meet the following qualifications
have competencies in the following areas as required under the brain injury
and community alternatives for disabled individuals waiver plans or successor
plans:
(1) have an associate's degree in a social services discipline; or
(2) have two years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.
(b) In addition, a behavior specialist must:
(1) have received a minimum of four hours of training in functional assessment;
(2) have received 20 hours of instruction in the understanding of the function of behavior;
(3) have received ten hours of instruction on design of positive practices behavioral support strategies;
(4) be determined by a behavior professional to have the training and prerequisite skills required to provide positive practices strategies as well as behavior reduction approved intervention to the person who receives behavioral support; and
(5) be under the direct supervision of a behavior professional.
Sec. 46. Minnesota Statutes 2013 Supplement, section 245D.10, subdivision 3, is amended to read:
Subd. 3. Service suspension and service termination. (a) The license holder must establish policies and procedures for temporary service suspension and service termination that promote continuity of care and service coordination with the person and the case manager and with other licensed caregivers, if any, who also provide support to the person.
(b) The policy must include the following requirements:
(1) the license holder must notify the person or the person's legal representative and case manager in writing of the intended termination or temporary service suspension, and the person's right to seek a temporary order staying the termination of service according to the procedures in section 256.045, subdivision 4a, or 6, paragraph (c);
(2) notice of the proposed termination of services, including those situations that began with a temporary service suspension, must be given at least 60 days before the proposed termination is to become effective when a license holder is providing intensive supports and services identified in section 245D.03, subdivision 1, paragraph (c), and 30 days prior to termination for all other services licensed under this chapter. This notice may be given in conjunction with a notice of temporary service suspension;
(3)
notice of temporary service suspension must be given on the first day of the
service suspension;
(3) (4) the license holder
must provide information requested by the person or case manager when services
are temporarily suspended or upon notice of termination;
(4) (5) prior to giving
notice of service termination or temporary service suspension, the license
holder must document actions taken to minimize or eliminate the need for
service suspension or termination;
(5) (6) during the temporary
service suspension or service termination notice period, the license holder will
must work with the appropriate county agency support team or
expanded support team to develop reasonable alternatives to protect the
person and others;
(6) (7) the license holder
must maintain information about the service suspension or termination,
including the written termination notice, in the service recipient record; and
(7) (8) the license holder
must restrict temporary service suspension to situations in which the person's
conduct poses an imminent risk of physical harm to self or others and less
restrictive or positive support strategies would not achieve and maintain
safety.
Sec. 47. Minnesota Statutes 2013 Supplement, section 245D.10, subdivision 4, is amended to read:
Subd. 4. Availability of current written policies and procedures. (a) The license holder must review and update, as needed, the written policies and procedures required under this chapter.
(b) (1) The license holder must inform the person and case manager of the policies and procedures affecting a person's rights under section 245D.04, and provide copies of those policies and procedures, within five working days of service initiation.
(2) If a license holder only provides basic services and supports, this includes the:
(i) grievance policy and procedure required under subdivision 2; and
(ii) service suspension and termination policy and procedure required under subdivision 3.
(3) For all other license holders this includes the:
(i) policies and procedures in clause (2);
(ii) emergency use of manual restraints policy and procedure required under section 245D.061, subdivision 10, or successor provisions; and
(iii) data privacy requirements under section 245D.11, subdivision 3.
(c) The license holder must provide a written notice to all persons or their legal representatives and case managers at least 30 days before implementing any procedural revisions to policies affecting a person's service-related or protection-related rights under section 245D.04 and maltreatment reporting policies and procedures. The notice must explain the revision that was made and include a copy of the revised policy and procedure. The license holder must document the reasonable cause for not providing the notice at least 30 days before implementing the revisions.
(d) Before implementing revisions to required policies and procedures, the license holder must inform all employees of the revisions and provide training on implementation of the revised policies and procedures.
(e) The license holder must annually notify all persons, or their legal representatives, and case managers of any procedural revisions to policies required under this chapter, other than those in paragraph (c). Upon request, the license holder must provide the person, or the person's legal representative, and case manager with copies of the revised policies and procedures.
Sec. 48. Minnesota Statutes 2013 Supplement, section 245D.11, subdivision 2, is amended to read:
Subd. 2. Health and safety. The license holder must establish policies and procedures that promote health and safety by ensuring:
(1) use of universal precautions and sanitary practices in compliance with section 245D.06, subdivision 2, clause (5);
(2) if the license holder operates a residential program, health service coordination and care according to the requirements in section 245D.05, subdivision 1;
(3) safe medication assistance and administration according to the requirements in sections 245D.05, subdivisions 1a, 2, and 5, and 245D.051, that are established in consultation with a registered nurse, nurse practitioner, physician's assistant, or medical doctor and require completion of medication administration training according to the requirements in section 245D.09, subdivision 4a, paragraph (d). Medication assistance and administration includes, but is not limited to:
(i) providing medication-related services for a person;
(ii) medication setup;
(iii) medication administration;
(iv) medication storage and security;
(v) medication documentation and charting;
(vi) verification and monitoring of effectiveness of systems to ensure safe medication handling and administration;
(vii) coordination of medication refills;
(viii) handling changes to prescriptions and implementation of those changes;
(ix) communicating with the pharmacy; and
(x) coordination and communication with prescriber;
(4) safe transportation, when the license holder is responsible for transportation of persons, with provisions for handling emergency situations according to the requirements in section 245D.06, subdivision 2, clauses (2) to (4);
(5) a plan for ensuring the safety of persons served by the program in emergencies as defined in section 245D.02, subdivision 8, and procedures for staff to report emergencies to the license holder. A license holder with a community residential setting or a day service facility license must ensure the policy and procedures comply with the requirements in section 245D.22, subdivision 4;
(6) a plan for responding to all incidents as defined in section 245D.02, subdivision 11; and reporting all incidents required to be reported according to section 245D.06, subdivision 1. The plan must:
(i) provide the contact information of a source of emergency medical care and transportation; and
(ii) require staff to first call 911 when the staff believes a medical emergency may be life threatening, or to call the mental health crisis intervention team or similar mental health response team or service when such a team is available and appropriate when the person is experiencing a mental health crisis; and
(7) a procedure for the review of incidents and emergencies to identify trends or patterns, and corrective action if needed. The license holder must establish and maintain a record-keeping system for the incident and emergency reports. Each incident and emergency report file must contain a written summary of the incident. The license holder must conduct a review of incident reports for identification of incident patterns, and implementation of corrective action as necessary to reduce occurrences. Each incident report must include:
(i) the name of the person or persons involved in the incident. It is not necessary to identify all persons affected by or involved in an emergency unless the emergency resulted in an incident;
(ii) the date, time, and location of the incident or emergency;
(iii) a description of the incident or emergency;
(iv) a description of the response to the incident or emergency and whether a person's coordinated service and support plan addendum or program policies and procedures were implemented as applicable;
(v) the name of the staff person or persons who responded to the incident or emergency; and
(vi) the determination of whether corrective action is necessary based on the results of the review.
Sec. 49. Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a, is amended to read:
Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor child, including a child determined eligible for medical assistance without consideration of parental income, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act. The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.
(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:
(1) if the adjusted gross income is equal to
or greater than 275 percent of federal poverty guidelines and less than or
equal to 545 percent of federal poverty guidelines, the parental contribution
shall be determined using a sliding fee scale established by the commissioner
of human services which begins at 2.76 2.48 percent of adjusted
gross income at 275 percent of federal poverty guidelines and increases to 7.5
6.75 percent of adjusted gross income for those with adjusted gross
income up to 545 percent of federal poverty guidelines;
(2)
if the adjusted gross income is greater than 545 percent of federal poverty
guidelines and less than 675 percent of federal poverty guidelines, the
parental contribution shall be 7.5 6.75 percent of adjusted gross
income;
(3) if the adjusted gross income is equal to
or greater than 675 percent of federal poverty guidelines and less than 975
percent of federal poverty guidelines, the parental contribution shall be
determined using a sliding fee scale established by the commissioner of human
services which begins at 7.5 6.75 percent of adjusted gross
income at 675 percent of federal poverty guidelines and increases to ten
nine percent of adjusted gross income for those with adjusted gross
income up to 975 percent of federal poverty guidelines; and
(4) if the adjusted gross income is equal to
or greater than 975 percent of federal poverty guidelines, the parental
contribution shall be 12.5 11.25 percent of adjusted gross
income.
If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.
(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.
(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than
five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.
(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and
(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
For purposes of this section, "insurance" has the meaning given in paragraph (h).
A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including, but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.
Sec. 50. Minnesota Statutes 2012, section 252.451, subdivision 2, is amended to read:
Subd. 2. Vendor
participation and reimbursement. Notwithstanding
requirements in chapter chapters 245A and 245D, and
sections 252.28, 252.40 to 252.46, and 256B.501, vendors of day training and
habilitation services may enter into written agreements with qualified
businesses to provide additional training and supervision needed by individuals
to maintain their employment.
Sec. 51. Minnesota Statutes 2012, section 256.9752, subdivision 2, is amended to read:
Subd. 2. Authority. The Minnesota Board on Aging shall allocate to area agencies on aging the state and federal funds which are received for the senior nutrition programs of congregate dining and home-delivered meals in a manner consistent with federal requirements.
Sec. 52. Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 4, is amended to read:
Subd. 4. Diagnosis. (a) A diagnosis must:
(1) be based upon current DSM criteria including direct observations of the child and reports from parents or primary caregivers; and
(2)
be completed by both either (i) a licensed physician or advanced
practice registered nurse and or (ii) a mental health
professional.
(b) Additional diagnostic assessment information may be considered including from special education evaluations and licensed school personnel, and from professionals licensed in the fields of medicine, speech and language, psychology, occupational therapy, and physical therapy.
(c) If the commissioner determines there
are access problems or delays in diagnosis for a geographic area due to the
lack of qualified professionals, the commissioner shall waive the requirement
in paragraph (a), clause (2), for two professionals and allow a diagnosis to be
made by one professional for that geographic area. This exception must be limited to a specific
period of time until, with stakeholder input as described in subdivision 8,
there is a determination of an adequate number of professionals available to
require two professionals for each diagnosis.
Sec. 53. Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 5, is amended to read:
Subd. 5. Diagnostic assessment. The following information and assessments must be performed, reviewed, and relied upon for the eligibility determination, treatment and services recommendations, and treatment plan development for the child:
(1) an assessment of the child's
developmental skills, functional behavior, needs, and capacities based on
direct observation of the child which must be administered by a licensed mental
health professional, must include medical or assessment information from the
child's physician or advanced practice registered nurse and may also
include observations from family members, school personnel, child care
providers, or other caregivers, as well as any medical or assessment
information from other licensed professionals such as the child's physician,
rehabilitation therapists, licensed school personnel, or mental health
professionals; and
(2) an assessment of parental or caregiver capacity to participate in therapy including the type and level of parental or caregiver involvement and training recommended.
Sec. 54. Minnesota Statutes 2013 Supplement, section 256B.0949, subdivision 11, is amended to read:
Subd. 11. Federal
approval of the autism benefit. (a)
The provisions of subdivision 9 this section shall apply to state
plan services under title XIX of the Social Security Act when federal approval
is granted under a 1915(i) waiver or other authority which allows children
eligible for medical assistance through the TEFRA option under section
256B.055, subdivision 12, to qualify and includes children eligible for medical
assistance in families over 150 percent of the federal poverty guidelines.
(b) The commissioner may use the federal
authority for a Medicaid state plan amendment under Early and Periodic
Screening Diagnosis and Treatment (EPSDT), United States Code, title 42,
section 1396D(R)(5), or other Medicaid provision for any aspect or type of
treatment covered in this section if new federal guidance is helpful in
achieving one or more of the purposes of this section in a cost-effective
manner. Notwithstanding subdivisions 2
and 3, any treatment services submitted for federal approval under EPSDT shall
include appropriate medical criteria to qualify for the service and shall cover
children through age 20.
Sec. 55. Minnesota Statutes 2013 Supplement, section 256B.0949, is amended by adding a subdivision to read:
Subd. 12. Autism
benefit; training provided. After
approval of the autism early intensive intervention benefit under this section
by the Centers for Medicare and Medicaid Services, the commissioner shall
provide statewide training on the benefit for culturally and linguistically
diverse communities. Training for autism
service providers on culturally appropriate practices must be online,
accessible, and available in multiple languages. The training for families, lead agencies,
advocates, and other interested parties must provide information about the
benefit and how to access it.
Sec. 56. Minnesota Statutes 2013 Supplement, section 256B.439, subdivision 1, is amended to read:
Subdivision 1. Development
and implementation of quality profiles. (a)
The commissioner of human services, in cooperation with the commissioner of
health, shall develop and implement quality profiles for nursing facilities
and, beginning not later than July 1, 2014, for home and community-based
services providers, except when the quality profile system would duplicate
requirements under section 256B.5011, 256B.5012, or 256B.5013. For purposes of this section, home and
community-based services providers are defined as providers of home and
community-based services under sections 256B.0625, subdivisions 6a, 7, and
19a; 256B.0913,; 256B.0915,; 256B.092, and;
256B.49,; and 256B.85, and intermediate care facilities for
persons with developmental disabilities providers under section 256B.5013. To the extent possible, quality profiles must
be developed for providers of services to older adults and people with
disabilities, regardless of payor source, for the purposes of providing information
to consumers. The quality profiles must
be developed using existing data sets maintained by the commissioners of health
and human services to the extent possible.
The profiles must incorporate or be coordinated with information on
quality maintained by area agencies on aging, long-term care trade
associations, the ombudsman offices, counties, tribes, health plans, and other
entities and the long-term care database maintained under section 256.975,
subdivision 7. The profiles must be
designed to provide information on quality to:
(1) consumers and their families to facilitate informed choices of service providers;
(2) providers to enable them to measure the results of their quality improvement efforts and compare quality achievements with other service providers; and
(3) public and private purchasers of long-term care services to enable them to purchase high-quality care.
(b) The profiles must be developed in consultation with the long-term care task force, area agencies on aging, and representatives of consumers, providers, and labor unions. Within the limits of available appropriations, the commissioners may employ consultants to assist with this project.
EFFECTIVE
DATE. This section is
effective retroactively from February 1, 2014.
Sec. 57. Minnesota Statutes 2013 Supplement, section 256B.439, subdivision 7, is amended to read:
Subd. 7. Calculation
of home and community-based services quality add-on. Effective On July 1, 2015,
the commissioner shall determine the quality add-on rate change and adjust
payment rates for participating all home and
community-based services providers for services rendered on or after that
date. The adjustment to a provider
payment rate determined under this subdivision shall become part of the ongoing
rate paid to that provider. The
payment rate for the quality add-on shall be a variable amount based on each
provider's quality score as determined in subdivisions 1 and 2a. All home and community-based services
providers shall receive a minimum rate increase under this subdivision. In addition to a minimum rate increase, a
home and community-based services provider shall receive a quality add-on
payment. The commissioner shall
limit the types of home and community-based services providers that may receive
the quality add-on and based on availability of quality measures and
outcome data. The commissioner shall
limit the amount of the minimum rate increase and quality add-on
payments to operate the quality add-on within funds appropriated for this
purpose and based on the availability of the quality measures the
equivalent of a one percent rate increase for all home and community-based
services providers.
Sec. 58. Minnesota Statutes 2013 Supplement, section 256B.441, subdivision 63, is amended to read:
Subd. 63. Critical access nursing facilities. (a) The commissioner, in consultation with the commissioner of health, may designate certain nursing facilities as critical access nursing facilities. The designation shall be granted on a competitive basis, within the limits of funds appropriated for this purpose.
(b)
The commissioner shall request proposals from nursing facilities every two
years. Proposals must be submitted in
the form and according to the timelines established by the commissioner. In selecting applicants to designate, the
commissioner, in consultation with the commissioner of health, and with input
from stakeholders, shall develop criteria designed to preserve access to
nursing facility services in isolated areas, rebalance long-term care, and
improve quality. Beginning in fiscal
year 2015, to the extent practicable, the commissioner shall ensure an even
distribution of designations across the state.
(c) The commissioner shall allow the benefits in clauses (1) to (5) for nursing facilities designated as critical access nursing facilities:
(1) partial rebasing, with the commissioner allowing a designated facility operating payment rates being the sum of up to 60 percent of the operating payment rate determined in accordance with subdivision 54 and at least 40 percent, with the sum of the two portions being equal to 100 percent, of the operating payment rate that would have been allowed had the facility not been designated. The commissioner may adjust these percentages by up to 20 percent and may approve a request for less than the amount allowed;
(2) enhanced payments for leave days. Notwithstanding section 256B.431, subdivision 2r, upon designation as a critical access nursing facility, the commissioner shall limit payment for leave days to 60 percent of that nursing facility's total payment rate for the involved resident, and shall allow this payment only when the occupancy of the nursing facility, inclusive of bed hold days, is equal to or greater than 90 percent;
(3) two designated critical access nursing facilities, with up to 100 beds in active service, may jointly apply to the commissioner of health for a waiver of Minnesota Rules, part 4658.0500, subpart 2, in order to jointly employ a director of nursing. The commissioner of health will consider each waiver request independently based on the criteria under Minnesota Rules, part 4658.0040;
(4) the minimum threshold under section 256B.431, subdivision 15, paragraph (e), shall be 40 percent of the amount that would otherwise apply; and
(5) notwithstanding subdivision 58, beginning October 1, 2014, the quality-based rate limits under subdivision 50 shall apply to designated critical access nursing facilities.
(d) Designation of a critical access nursing facility shall be for a period of two years, after which the benefits allowed under paragraph (c) shall be removed. Designated facilities may apply for continued designation.
Sec. 59. Minnesota Statutes 2012, section 256B.441, is amended by adding a subdivision to read:
Subd. 64. Rate
adjustments for compensation-related costs.
(a) Operating payment rates of all nursing facilities that are
reimbursed under this section or section 256B.434 shall be increased effective
for rate years beginning on and after October 1, 2014, to address changes in
compensation costs for nursing facility employees paid less than $14 per hour
in accordance with this subdivision.
(b) Based on the application in paragraph (d), the commissioner shall calculate the allowable annualized compensation costs by adding the totals of clauses (1), (2), and (3). The result must be divided by the standardized or resident days from the most recently available cost report to determine per diem amounts, which must be included in the operating portion of the total payment rate and allocated to direct care or other operating as determined by the commissioner:
(1) the sum of the difference between $8
and any hourly wage rate less than $8 for October 1, 2014; between $9 and any
hourly wage rate less than $9 for October 1, 2015; between $9.50 and any hourly
wage rate less than $9.50 for October 1, 2016; and between the indexed value of
the minimum wage, as defined in section 177.24, subdivision 1, paragraph (f),
and any hourly wage less than that indexed value for rate years beginning on
and after October 1, 2017; multiplied by the number of compensated hours at
that wage rate;
(2)
using wages and hours in effect during the first three months of calendar year
2014, beginning with the first pay period beginning on or after January 1,
2014; 33.3 percent of the sum of items (i) to (viii) for October 1, 2014; 44.4
percent of the sum of items (i) to (viii) for October 1, 2015; and 22.2 percent
of the sum of items (i) to (viii) for October 1, 2016;
(i)
for all compensated hours from $8 to $8.49 per hour, the number of compensated
hours is multiplied by $0.13;
(ii)
for all compensated hours from $8.50 to $8.99 per hour, the number of
compensated hours is multiplied by $0.25;
(iii)
for all compensated hours from $9 to $9.49 per hour, the number of compensated
hours is multiplied by $0.38;
(iv)
for all compensated hours from $9.50 to $10.49 per hour, the number of
compensated hours is multiplied by $0.50;
(v)
for all compensated hours from $10.50 to $10.99 per hour, the number of
compensated hours is multiplied by $0.40;
(vi)
for all compensated hours from $11 to $11.49 per hour, the number of
compensated hours is multiplied by $0.30;
(vii) for all compensated hours from
$11.50 to $11.99 per hour, the number of compensated hours is multiplied by
$0.20; and
(viii) for all compensated hours from
$12 to $13.00 per hour, the number of compensated hours is multiplied by $0.10;
and
(3) the sum of the employer's share of
FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation, pensions, and contributions to employee retirement accounts
attributable to the amounts in clauses (1) and (2).
(c) For the rate years beginning
October 1, 2014, and later, nursing facilities that receive approval of the
applications in paragraph (d) must receive rate adjustments according to
paragraph (b). The rate adjustments must
be used to pay compensation costs for nursing facility employees paid less than
$14 per hour.
(d) To receive a rate adjustment,
nursing facilities must submit applications to the commissioner in a form and
manner determined by the commissioner. The
applications for the rate adjustments shall include specified data, and
spending plans that describe how the funds from the rate adjustments will be
allocated for compensation to employees paid less than $14 per hour. The applications must be submitted within
three months of the effective date of any operating payment rate adjustment
under this subdivision. The commissioner
may request any additional information needed to determine the rate adjustment
within three weeks of receiving a complete application. The nursing facility must provide any
additional information requested by the commissioner within six months of the
effective date of any operating payment rate adjustment under this subdivision. The commissioner may waive the deadlines in
this subdivision under extraordinary circumstances.
(e) For nursing facilities in which
employees are represented by an exclusive bargaining representative, the commissioner
shall approve the applications submitted under this subdivision only upon
receipt of a letter or letters of acceptance of the spending plans in regard to
members of the bargaining unit, signed by the exclusive bargaining agent and
dated after May 31, 2014. Upon receipt
of the letter or letters of acceptance, the commissioner shall deem all
requirements of this subdivision as having been met in regard to the members of
the bargaining unit.
Sec. 60. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 1, is amended to read:
Subdivision 1. Provider qualifications. (a) For the home and community-based waivers providing services to seniors and individuals with disabilities under sections 256B.0913, 256B.0915, 256B.092, and 256B.49, the commissioner shall establish:
(1) agreements with enrolled waiver service providers to ensure providers meet Minnesota health care program requirements;
(2) regular reviews of provider qualifications, and including requests of proof of documentation; and
(3) processes to gather the necessary information to determine provider qualifications.
(b) Beginning July 1, 2012, staff that provide direct contact, as defined in section 245C.02, subdivision 11, for services specified in the federally approved waiver plans must meet the requirements of chapter 245C prior to providing waiver services and as part of ongoing enrollment. Upon federal approval, this requirement must also apply to consumer-directed community supports.
(c) Beginning January 1, 2014, service owners and managerial officials overseeing the management or policies of services that provide direct contact as specified in the federally approved waiver plans must meet the requirements of chapter 245C prior to reenrollment or revalidation or, for new providers, prior to initial enrollment if they have not already done so as a part of service licensure requirements.
Sec. 61. Minnesota Statutes 2013 Supplement, section 256B.4913, subdivision 4a, is amended to read:
Subd. 4a. Rate
stabilization adjustment. (a) For
purposes of this subdivision, "implementation period" shall mean
means the period beginning January 1, 2014, and ending on the last day
of the month in which the rate management system is populated with the data
necessary to calculate rates for substantially all individuals receiving home
and community-based waiver services under sections 256B.092 and
256B.49. "Banding period"
means the time period beginning on January 1, 2014, and ending upon the
expiration of the 12-month period defined in paragraph (c), clause (5).
(b) For purposes of this subdivision, the banding
value historical rate for all service recipients shall mean means
the individual reimbursement rate for a recipient in effect on December 1,
2013, except that:
(1) (i) for day training and
habilitation pilot program service recipients, the banding value shall be the
authorized rate for the provider in the county of service effective December 1,
2013, if the for a day service recipient: who was not authorized to receive
these waiver services prior to January 1, 2014; added a new service or services
on or after January 1, 2014; or changed providers on or after January 1, 2014,
the historical rate must be the authorized rate for the provider in the county
of service, effective December 1, 2013; and or
(ii) for all other unit or day service
recipients, the banding value shall be the weighted average authorized rate for
each provider number in the county of service effective December 1, 2013, if
the (2) for a unit-based service with programming or a unit-based
service without programming recipient:
who was not authorized to receive these waiver services prior
to January 1, 2014; added a new service or services on or after January 1,
2014; or changed providers on or after January 1, 2014, the historical rate
must be the weighted average authorized rate for each provider number in the
county of service, effective December 1, 2013; and or
(2) (3) for residential
service recipients who change providers on or after January 1, 2014, the banding
value shall historical rate must be set by each lead agency within
their county aggregate budget using their respective methodology for
residential services effective December 1, 2013, for determining the provider
rate for a similarly situated recipient being served by that provider.
(c) The commissioner shall adjust individual reimbursement rates determined under this section so that the unit rate is no higher or lower than:
(1) 0.5 percent from the banding value
historical rate for the implementation period;
(2) 0.5 percent from the rate in effect in clause (1), for the 12-month period immediately following the time period of clause (1);
(3) 1.0 percent from the rate in effect in clause (2), for the 12-month period immediately following the time period of clause (2);
(4) 1.0 percent from the rate in effect in clause (3), for the 12-month period immediately following the time period of clause (3); and
(5) 1.0 percent from the rate in effect in clause (4), for the 12-month period immediately following the time period of clause (4).
(d) The commissioner shall review all
changes to rates that were in effect on December 1, 2013, to verify that the
rates in effect produce the equivalent level of spending and service unit
utilization on an annual basis as those in effect on October 31, 2013.
(e) By December 31, 2014, the commissioner shall complete the review in paragraph (d), adjust rates to provide equivalent annual spending and make appropriate adjustments.
(f) During the banding period, the
Medicaid Management Information System (MMIS) service agreement rate must be
adjusted to account for change in an individual's need. The commissioner shall adjust the Medicaid
Management Information System (MMIS) service agreement rate by:
(1) calculating a service rate under
section 256B.4914, subdivision 6, 7, 8, or 9, for the individual with variables
reflecting the level of service in effect on December 1, 2013;
(2) calculating a service rate under
section 256B.4914, subdivision 6, 7, 8, or 9, for the individual with variables
reflecting the updated level of service at the time of application; and
(3) adding to or subtracting from the
Medicaid Management Information System (MMIS) service agreement rate, the
difference between the values in clauses (1) and (2).
(g) This subdivision shall must
not apply to rates for recipients served by providers new to a given county
after January 1, 2014. Providers of
personal supports services who also acted as fiscal support entities must be
treated as new providers as of January 1, 2014.
Sec. 62. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For purposes of this section, the following terms have the meanings given them, unless the context clearly indicates otherwise.
(b) "Commissioner" means the commissioner of human services.
(c) "Component value" means underlying factors that are part of the cost of providing services that are built into the waiver rates methodology to calculate service rates.
(d) "Customized living tool" means a methodology for setting service rates that delineates and documents the amount of each component service included in a recipient's customized living service plan.
(e) "Disability waiver rates system" means a statewide system that establishes rates that are based on uniform processes and captures the individualized nature of waiver services and recipient needs.
(f) "Individual staffing"
means the time spent as a one-to-one interaction specific to an individual
recipient by staff brought in solely to provide direct support and assistance with
activities of daily living, instrumental activities of daily living, and
training to participants, and is based on the requirements in each individual's
coordinated service and support plan under section 245D.02, subdivision 4b; any
coordinated service and support plan addendum under section 245D.02,
subdivision 4c; an assessment tool; and provider observation of an individual's
needs.
(g) "Lead agency" means a county, partnership of counties, or tribal agency charged with administering waivered services under sections 256B.092 and 256B.49.
(g) (h) "Median"
means the amount that divides distribution into two equal groups, one-half
above the median and one-half below the median.
(h) (i) "Payment or
rate" means reimbursement to an eligible provider for services provided to
a qualified individual based on an approved service authorization.
(i) (j) "Rates
management system" means a Web-based software application that uses a
framework and component values, as determined by the commissioner, to establish
service rates.
(j) (k) "Recipient"
means a person receiving home and community-based services funded under any of
the disability waivers.
(l) "Shared staffing" means time spent by employees, not defined under paragraph (f), providing or available to provide more than one individual with direct support and assistance with activities of daily living as defined under section 256B.0659, subdivision 1, paragraph (b); instrumental activities of daily living as defined under section 256B.0659, subdivision 1, paragraph (i); ancillary activities needed to support individual services; and training to participants, and is based on the requirements in each individual's coordinated service and support plan under section 245D.02, subdivision 4b; any coordinated service and support plan addendum under section 245D.02, subdivision 4c; an assessment tool; and provider observation of an individual's service need. Total shared staffing hours are divided proportionally by the number of individuals who receive the shared service provisions.
(m) "Staffing ratio" means
the number of recipients a service provider employee supports during a unit of
service based on a uniform assessment tool, provider observation, case history,
and the recipient's services of choice, and not based on the staffing ratios
under section 245D.31.
(n) "Unit of service" means the
following:
(1) for residential support services
under subdivision 6, a unit of service is a day. Any portion of any calendar day, within
allowable Medicaid rules, where an individual spends time in a residential
setting is billable as a day;
(2) for day services under subdivision 7:
(i) for day training and habilitation
services, a unit of service is either:
(A) a day unit of service is defined as
six or more hours of time spent providing direct services and transportation;
or
(B)
a partial day unit of service is defined as fewer than six hours of time spent
providing direct services and transportation; and
(C) for new day service recipients after
January 1, 2014, 15 minute units of service must be used for fewer than six
hours of time spent providing direct services and transportation;
(ii) for adult day and structured day
services, a unit of service is a day or 15 minutes. A day unit of service is six or more hours of
time spent providing direct services;
(iii) for prevocational services, a unit
of service is a day or an hour. A day
unit of service is six or more hours of time spent providing direct service;
(3) for unit-based services with
programming under subdivision 8:
(i) for supported living services, a unit
of service is a day or 15 minutes. When
a day rate is authorized, any portion of a calendar day where an individual
receives services is billable as a day; and
(ii) for all other services, a unit of
service is 15 minutes; and
(4) for unit-based services without
programming under subdivision 9:
(i) for respite services, a unit of
service is a day or 15 minutes. When a
day rate is authorized, any portion of a calendar day when an individual
receives services is billable as a day; and
(ii) for all other services, a unit of
service is 15 minutes.
Sec. 63. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 4, is amended to read:
Subd. 4. Data collection for rate determination. (a) Rates for applicable home and community-based waivered services, including rate exceptions under subdivision 12, are set by the rates management system.
(b) Data for services under section 256B.4913, subdivision 4a, shall be collected in a manner prescribed by the commissioner.
(c) Data and information in the rates management system may be used to calculate an individual's rate.
(d) Service providers, with information
from the community support plan and oversight by lead agencies, shall provide
values and information needed to calculate an individual's rate into the rates
management system. These The
determination of service levels must be part of a discussion with members of
the support team as defined in section 245D.02, subdivision 34. This discussion must occur prior to the final
establishment of each individual's rate.
The values and information include:
(1) shared staffing hours;
(2) individual staffing hours;
(3) direct RN registered nurse
hours;
(4) direct LPN licensed
practical nurse hours;
(5) staffing ratios;
(6) information to document variable levels of service qualification for variable levels of reimbursement in each framework;
(7) shared or individualized arrangements for unit-based services, including the staffing ratio;
(8) number of trips and miles for transportation services; and
(9) service hours provided through monitoring technology.
(e) Updates to individual data shall
must include:
(1) data for each individual that is updated annually when renewing service plans; and
(2) requests by individuals or lead agencies to update a rate whenever there is a change in an individual's service needs, with accompanying documentation.
(f) Lead agencies shall review and approve all
services reflecting each individual's needs, and the values to calculate
the final payment rate for services with variables under subdivisions 6, 7,
8, and 9 for each individual. Lead
agencies must notify the individual and the service provider of the final
agreed-upon values and rate, and provide information that is identical to
what was entered into the rates management system. If a value used was mistakenly or erroneously
entered and used to calculate a rate, a provider may petition lead agencies to
correct it. Lead agencies must respond
to these requests. When responding to
the request, the lead agency must consider:
(1) meeting the health and welfare needs
of the individual or individuals receiving services by service site, identified
in their coordinated service and support plan under section 245D.02, subdivision
4b, and any addendum under section 245D.02, subdivision 4c;
(2) meeting the requirements for
staffing under subdivision 2, paragraphs (f), (i), and (m); and meeting or
exceeding the licensing standards for staffing required under section 245D.09,
subdivision 1; and
(3) meeting the staffing ratio
requirements under subdivision 2, paragraph (n), and meeting or exceeding the
licensing standards for staffing required under section 245D.31.
Sec. 64. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 5, is amended to read:
Subd. 5. Base
wage index and standard component values.
(a) The base wage index is established to determine staffing costs
associated with providing services to individuals receiving home and
community-based services. For purposes
of developing and calculating the proposed base wage, Minnesota-specific wages
taken from job descriptions and standard occupational classification (SOC)
codes from the Bureau of Labor Statistics as defined in the most recent edition
of the Occupational Handbook shall must be used. The base wage index shall must
be calculated as follows:
(1) for residential direct care staff, the sum of:
(i) 15 percent of the subtotal of 50 percent of the median wage for personal and home health aide (SOC code 39-9021); 30 percent of the median wage for nursing aide (SOC code 31-1012); and 20 percent of the median wage for social and human services aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(2) for day services, 20 percent of the median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(3) for residential asleep-overnight staff, the wage will be $7.66 per hour, except in a family foster care setting, the wage is $2.80 per hour;
(4) for behavior program analyst staff, 100 percent of the median wage for mental health counselors (SOC code 21-1014);
(5) for behavior program professional staff, 100 percent of the median wage for clinical counseling and school psychologist (SOC code 19-3031);
(6) for behavior program specialist staff, 100 percent of the median wage for psychiatric technicians (SOC code 29-2053);
(7) for supportive living services staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(8) for housing access coordination staff, 50 percent of the median wage for community and social services specialist (SOC code 21-1099); and 50 percent of the median wage for social and human services aide (SOC code 21-1093);
(9) for in-home family support staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 30 percent of the median wage for community social service specialist (SOC code 21-1099); 40 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(10) for independent living skills staff, 40 percent of the median wage for community social service specialist (SOC code 21-1099); 50 percent of the median wage for social and human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric technician (SOC code 29-2053);
(11) for supported employment staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social and human services aide (SOC code 21-1093);
(12) for adult companion staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants (SOC code 31-1012);
(13) for night supervision staff, 20 percent of the median wage for home health aide (SOC code 31-1011); 20 percent of the median wage for personal and home health aide (SOC code 39-9021); 20 percent of the median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median wage for social and human services aide (SOC code 21-1093);
(14) for respite staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants (SOC code 31-1012);
(15) for personal support staff, 50 percent of the median wage for personal and home care aide (SOC code 39-9021); and 50 percent of the median wage for nursing aides, orderlies, and attendants (SOC code 31-1012);
(16)
for supervisory staff, the basic wage is $17.43 per hour with exception of the
supervisor of behavior analyst and behavior specialists, which shall must
be $30.75 per hour;
(17) for RN registered nurse,
the basic wage is $30.82 per hour; and
(18) for LPN licensed practical
nurse, the basic wage is $18.64 per hour.
(b) Component values for residential support services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 13.25 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence and utilization factor ratio: 3.9 percent.
(c) Component values for family foster care are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 3.3 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence factor: 1.7 percent.
(d) Component values for day services for all services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 5.6 percent;
(5) client programming and support ratio: ten percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 1.8 percent; and
(8) absence and utilization factor ratio: 3.9 percent.
(e) Component values for unit-based services with programming are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan supports ratio: 3.1 percent;
(5) client programming and supports ratio: 8.6 percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 6.1 percent; and
(8) absence and utilization factor ratio: 3.9 percent.
(f) Component values for unit-based services without programming except respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 3.1 percent;
(5) client programming and support ratio: 8.6 percent;
(6) general administrative support ratio: 13.25 percent;
(7) program-related expense ratio: 6.1 percent; and
(8) absence and utilization factor ratio: 3.9 percent.
(g) Component values for unit-based services without programming for respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support ratio: 13.25 percent;
(5) program-related expense ratio: 6.1 percent; and
(6) absence and utilization factor ratio: 3.9 percent.
(h)
On July 1, 2017, the commissioner shall update the base wage index in paragraph
(b) (a) based on the wage data by standard occupational code (SOC)
from the Bureau of Labor Statistics available on December 31, 2016. The commissioner shall publish these updated
values and load them into the rate management system. This adjustment occurs every five years. For adjustments in 2021 and beyond, the commissioner
shall use the data available on December 31 of the calendar year five years
prior.
(i) On July 1, 2017, the commissioner
shall update the framework components in paragraph (c) paragraphs (b)
to (g); subdivision 6, clauses (8) and (9); and subdivision 7, clauses (16) and
(17), for changes in the Consumer Price Index. The commissioner will adjust these values
higher or lower by the percentage change in the Consumer Price Index-All Items,
United States city average (CPI-U) from January 1, 2014, to January 1, 2017. The commissioner shall publish these updated
values and load them into the rate management system. This adjustment occurs every five years. For adjustments in 2021 and beyond, the
commissioner shall use the data available on January 1 of the calendar year
four years prior and January 1 of the current calendar year.
Sec. 65. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 6, is amended to read:
Subd. 6. Payments for residential support services. (a) Payments for residential support services, as defined in sections 256B.092, subdivision 11, and 256B.49, subdivision 22, must be calculated as follows:
(1) determine the number of shared staffing and individual direct staff hours to meet a recipient's needs provided on-site or through monitoring technology;
(2) personnel hourly wage rate must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5. This is defined as the direct-care rate;
(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2). This is defined as the customized direct-care rate;
(4) multiply the number of shared and
individual direct staff hours provided on-site or through monitoring technology
and direct nursing hours by the appropriate staff wages in subdivision
5, paragraph (a), or the customized direct-care rate;
(5) multiply the number of shared and
individual direct staff hours provided on-site or through monitoring technology
and direct nursing hours by the product of the supervision span of
control ratio in subdivision 5, paragraph (b), clause (1), and the appropriate
supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4) and (5), excluding any shared and individual direct staff hours provided through monitoring technology, and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (b), clause (2). This is defined as the direct staffing cost;
(7) for employee-related expenses, multiply the direct staffing cost, excluding any shared and individual direct staff hours provided through monitoring technology, by one plus the employee-related cost ratio in subdivision 5, paragraph (b), clause (3);
(8) for client programming and supports, the commissioner shall add $2,179; and
(9) for transportation, if provided, the
commissioner shall add $1,680, or $3,000 if customized for adapted transport, per
year based on the resident with the highest assessed need.
(b)
The total rate shall must be calculated using the following
steps:
(1) subtotal paragraph (a), clauses (7) to (9), and the direct staffing cost of any shared and individual direct staff hours provided through monitoring technology that was excluded in clause (7);
(2) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization ratio;
(3) divide the result of clause (1) by one minus the result of clause (2). This is the total payment amount; and
(4) adjust the result of clause (3) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
(c) The payment methodology for customized
living, 24-hour customized living, and residential care services shall must
be the customized living tool. Revisions
to the customized living tool shall must be made to reflect the
services and activities unique to disability-related recipient needs.
(d) The commissioner shall establish a Monitoring Technology Review Panel to annually review and approve the plans, safeguards, and rates that include residential direct care provided remotely through monitoring technology. Lead agencies shall submit individual service plans that include supervision using monitoring technology to the Monitoring Technology Review Panel for approval. Individual service plans that include supervision using monitoring technology as of December 31, 2013, shall be submitted to the Monitoring Technology Review Panel, but the plans are not subject to approval.
(e) For individuals enrolled prior to
January 1, 2014, the days of service authorized must meet or exceed the days of
service used to convert service agreements in effect on December 1, 2013, and
must not result in a reduction in spending or service utilization due to
conversion during the implementation period under section 256B.4913,
subdivision 4a. If during the
implementation period, an individual's historical rate, including adjustments
required under section 256B.4913, subdivision 4a, paragraph (c), is equal to or
greater than the rate determined in this subdivision, the number of days
authorized for the individual is 365.
(f) The number of days authorized for
all individuals enrolling after January 1, 2014, in residential services must
include every day that services start and end.
Sec. 66. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 7, is amended to read:
Subd. 7. Payments for day programs. Payments for services with day programs including adult day care, day treatment and habilitation, prevocational services, and structured day services must be calculated as follows:
(1) determine the number of units of
service and staffing ratio to meet a recipient's needs:
(i) the staffing ratios for the units
of service provided to a recipient in a typical week must be averaged to
determine an individual's staffing ratio; and
(ii) the commissioner, in consultation with service providers, shall develop a uniform staffing ratio worksheet to be used to determine staffing ratios under this subdivision;
(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates derived by the commissioner as provided in subdivision 5;
(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2). This is defined as the customized direct-care rate;
(4) multiply the number of day program
direct staff hours and direct nursing hours by the appropriate staff
wage in subdivision 5, paragraph (a), or the customized direct-care rate;
(5) multiply the number of day direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (d), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4) and (5), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (d), clause (2). This is defined as the direct staffing rate;
(7) for program plan support, multiply the result of clause (6) by one plus the program plan support ratio in subdivision 5, paragraph (d), clause (4);
(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio in subdivision 5, paragraph (d), clause (3);
(9) for client programming and supports, multiply the result of clause (8) by one plus the client programming and support ratio in subdivision 5, paragraph (d), clause (5);
(10) for program facility costs, add $19.30 per week with consideration of staffing ratios to meet individual needs;
(11) for adult day bath services, add $7.01 per 15 minute unit;
(12) this is the subtotal rate;
(13) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(14) divide the result of clause (12) by one minus the result of clause (13). This is the total payment amount;
(15) adjust the result of clause (14) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services;
(16) for transportation provided as part of day training and habilitation for an individual who does not require a lift, add:
(i) $10.50 for a trip between zero and ten miles for a nonshared ride in a vehicle without a lift, $8.83 for a shared ride in a vehicle without a lift, and $9.25 for a shared ride in a vehicle with a lift;
(ii) $15.75 for a trip between 11 and 20 miles for a nonshared ride in a vehicle without a lift, $10.58 for a shared ride in a vehicle without a lift, and $11.88 for a shared ride in a vehicle with a lift;
(iii) $25.75 for a trip between 21 and 50 miles for a nonshared ride in a vehicle without a lift, $13.92 for a shared ride in a vehicle without a lift, and $16.88 for a shared ride in a vehicle with a lift; or
(iv) $33.50 for a trip of 51 miles or more for a nonshared ride in a vehicle without a lift, $16.50 for a shared ride in a vehicle without a lift, and $20.75 for a shared ride in a vehicle with a lift;
(17) for transportation provided as part of day training and habilitation for an individual who does require a lift, add:
(i) $19.05 for a trip between zero and ten miles for a nonshared ride in a vehicle with a lift, and $15.05 for a shared ride in a vehicle with a lift;
(ii) $32.16 for a trip between 11 and 20 miles for a nonshared ride in a vehicle with a lift, and $28.16 for a shared ride in a vehicle with a lift;
(iii) $58.76 for a trip between 21 and 50 miles for a nonshared ride in a vehicle with a lift, and $58.76 for a shared ride in a vehicle with a lift; or
(iv) $80.93 for a trip of 51 miles or more for a nonshared ride in a vehicle with a lift, and $80.93 for a shared ride in a vehicle with a lift.
Sec. 67. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 9, is amended to read:
Subd. 9. Payments for unit-based services without programming. Payments for unit-based without program services, including night supervision, personal support, respite, and companion care provided to an individual outside of any day or residential service plan must be calculated as follows unless the services are authorized separately under subdivision 6 or 7:
(1) for all services except respite, determine the number of units of service to meet a recipient's needs;
(2) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
(3) for a recipient requiring customization for deaf and hard-of-hearing language accessibility under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (2). This is defined as the customized direct care rate;
(4) multiply the number of direct staff hours by the appropriate staff wage in subdivision 5 or the customized direct care rate;
(5) multiply the number of direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (f), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4) and (5), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (f), clause (2). This is defined as the direct staffing rate;
(7) for program plan support, multiply the result of clause (6) by one plus the program plan support ratio in subdivision 5, paragraph (f), clause (4);
(8) for employee-related expenses, multiply the result of clause (7) by one plus the employee-related cost ratio in subdivision 5, paragraph (f), clause (3);
(9) for client programming and supports, multiply the result of clause (8) by one plus the client programming and support ratio in subdivision 5, paragraph (f), clause (5);
(10) this is the subtotal rate;
(11) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(12) divide the result of clause (10) by one minus the result of clause (11). This is the total payment amount;
(13) for respite services, determine the
number of daily day units of service to meet an individual's
needs;
(14) personnel hourly wage rates must be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates derived by the commissioner as provided in subdivision 5;
(15) for a recipient requiring deaf and hard-of-hearing customization under subdivision 12, add the customization rate provided in subdivision 12 to the result of clause (14). This is defined as the customized direct care rate;
(16) multiply the number of direct staff hours by the appropriate staff wage in subdivision 5, paragraph (a);
(17) multiply the number of direct staff hours by the product of the supervisory span of control ratio in subdivision 5, paragraph (g), clause (1), and the appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(18) combine the results of clauses (16) and (17), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision 5, paragraph (g), clause (2). This is defined as the direct staffing rate;
(19) for employee-related expenses, multiply the result of clause (18) by one plus the employee-related cost ratio in subdivision 5, paragraph (g), clause (3);
(20) this is the subtotal rate;
(21) sum the standard general and administrative rate, the program-related expense ratio, and the absence and utilization factor ratio;
(22) divide the result of clause (20) by one minus the result of clause (21). This is the total payment amount; and
(23) adjust the result of clauses (12) and (22) by a factor to be determined by the commissioner to adjust for regional differences in the cost of providing services.
Sec. 68. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 10, is amended to read:
Subd. 10. Updating payment values and additional information. (a) From January 1, 2014, through December 31, 2017, the commissioner shall develop and implement uniform procedures to refine terms and adjust values used to calculate payment rates in this section.
(b) No later than July 1, 2014, the commissioner shall, within available resources, begin to conduct research and gather data and information from existing state systems or other outside sources on the following items:
(1) differences in the underlying cost to provide services and care across the state; and
(2) mileage and utilization,
vehicle type, lift requirements, incidents of individual and shared rides, and
units of transportation for all day and unit-based services,
which must be collected from providers using the rate management worksheet and
entered into the rates management system; and
(3) the distinct underlying costs for services provided by a license holder certified under section 245D.33.
(c) Using a statistically valid set of
rates management system data, the commissioner, in consultation with
stakeholders, shall analyze for each service the average difference in the rate
on December 31, 2013, and the framework rate at the individual, provider, lead
agency, and state levels. The
commissioner shall issue semiannual reports to the stakeholders on the
difference in rates by service and by county during the banding period under
section 256B.4913, subdivision 4a. The
commissioner shall issue the first report by October 1, 2014.
(d) No later than July 1, 2014, the
commissioner, in consultation with stakeholders, shall begin the review and
evaluate evaluation of the following values already in
subdivisions 6 to 9, or issues that impact all services, including, but not
limited to:
(1) values for transportation rates for day services;
(2) values for transportation rates in residential services;
(3) values for services where monitoring technology replaces staff time;
(4) values for indirect services;
(5) values for nursing;
(6) component values for independent living skills;
(7) component values for family foster care that reflect licensing requirements;
(8) adjustments to other components to replace the budget neutrality factor;
(9) remote monitoring technology for nonresidential services;
(10) values for basic and intensive services in residential services;
(11) values for the facility use rate in day services;
(12) values for workers' compensation as part of employee-related expenses;
(13) values for unemployment insurance as part of employee-related expenses;
(14) a component value to reflect costs for individuals with rates previously adjusted for the inclusion of group residential housing rate 3 costs, only for any individual enrolled as of December 31, 2013; and
(15) any changes in state or federal law with an impact on the underlying cost of providing home and community-based services.
(e) The commissioner shall report to the chairs and the ranking minority members of the legislative committees and divisions with jurisdiction over health and human services policy and finance with the information and data gathered under paragraphs (b) to (d) on the following dates:
(1) January 15, 2015, with preliminary results and data;
(2) January 15, 2016, with a status implementation update, and additional data and summary information;
(3) January 15, 2017, with the full report; and
(4) January 15, 2019, with another full report, and a full report once every four years thereafter.
(f) Based on the commissioner's evaluation
of the information and data collected in paragraphs (b) to (d), the
commissioner may shall make recommendations to the legislature to
address any potential issues by January 15, 2015, to address any issues
identified during the first year of implementation. After January 15, 2015, the commissioner may
make recommendations to the legislature to address potential issues.
(g) The commissioner shall implement a regional adjustment factor to all rate calculations in subdivisions 6 to 9, effective no later than January 1, 2015. Prior to implementation, the commissioner shall consult with stakeholders on the methodology to calculate the adjustment.
(h) The commissioner shall provide a public notice via LISTSERV in October of each year beginning October 1, 2014, containing information detailing legislatively approved changes in:
(1) calculation values including derived wage rates and related employee and administrative factors;
(2) service utilization;
(3) county and tribal allocation changes; and
(4) information on adjustments made to calculation values and the timing of those adjustments.
The information in this notice shall
must be effective January 1 of the following year.
Sec. 69. Minnesota Statutes 2013 Supplement, section 256B.4914, subdivision 15, is amended to read:
Subd. 15. County or tribal allocations. (a) Upon implementation of the disability waiver rates management system on January 1, 2014, the commissioner shall establish a method of tracking and reporting the fiscal impact of the disability waiver rates management system on individual lead agencies.
(b) Beginning January 1, 2014, the commissioner shall make annual adjustments to lead agencies' home and community-based waivered service budget allocations to adjust for rate differences and the resulting impact on county allocations upon implementation of the disability waiver rates system.
(c) During the first two years of
implementation under section 256B.4913, lead agencies exceeding their
allocations under sections 256B.092 and 256B.49 shall only be held liable for
spending in excess of their allocations after a reallocation of resources by
the commissioner under paragraph (b). The
commissioner shall reallocate resources under sections 256B.092, subdivision
12, and 256B.49, subdivision 11a. The
commissioner shall notify lead agencies of this process by July 1, 2014.
Sec. 70. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
256B.492
HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE WITH DISABILITIES.
(a) Individuals receiving services under a home and community-based waiver under section 256B.092 or 256B.49 may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care or child foster care setting of up to five people; and
(3) community living settings as defined in section 256B.49, subdivision 23, where individuals with disabilities may reside in all of the units in a building of four or fewer units, and who receive services under a home and community-based waiver occupy no more than the greater of four or 25 percent of the units in a multifamily building of more than four units, unless required by the Housing Opportunities for Persons with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private institution;
(3) be a housing complex designed expressly around an individual's diagnosis or disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to: regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions agreed to and documented in the person's individual service plan shall not result in a residence having the qualities of an institution as long as the restrictions for the person are not imposed upon others in the same residence and are the least restrictive alternative, imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which individuals receive services under a home and community-based waiver as of July 1, 2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as part of a Hennepin County demonstration project is qualified for the exception allowed under paragraph (c).
(e) Notwithstanding paragraphs (a) and
(b), a program in Hennepin County, located in the city of Golden Valley, within
the city of Golden Valley's Highway 55 West redevelopment area, that is not a
provider-owned or controlled home and community-based setting, and is scheduled
to open by July 1, 2016, is exempt from the restrictions in paragraphs (a) and
(b). If the program fails to comply with
the Centers for Medicare and Medicaid Services rules for home and
community-based settings, the exemption is void.
(f) The commissioner shall submit an amendment to the waiver plan no later than December 31, 2012.
Sec. 71. Minnesota Statutes 2012, section 256B.5012, is amended by adding a subdivision to read:
Subd. 16. ICF/DD
rate increases effective July 1, 2014.
(a) For the rate period beginning July 1, 2014, the commissioner
shall increase operating payments for each facility reimbursed under this
section equal to five percent of the operating payment rates in effect on June
30, 2014.
(b) For each facility, the commissioner
shall apply the rate increase based on occupied beds, using the percentage
specified in this subdivision multiplied by the total payment rate, including
the variable rate but excluding the property-related payment rate in effect on
June 30, 2014. The total rate increase
shall include the adjustment provided in section 256B.501, subdivision 12.
(c) To receive the rate increase under
paragraph (a), each facility reimbursed under this section must submit to the
commissioner documentation that identifies a quality improvement project that
the facility will implement by June 30, 2015.
Documentation must be provided in a format specified by the commissioner. Projects must:
(1) improve the quality of life of
intermediate care facility residents in a meaningful way;
(2) improve the quality of services in a
measurable way; or
(3) deliver good quality service more
efficiently while using the savings to enhance services for the participants
served.
(d)
For a facility that fails to submit the documentation described in paragraph
(c) by a date or in a format specified by the commissioner, the
commissioner shall reduce the facility's rate by one percent effective January
1, 2015.
(e) Facilities that receive a rate
increase under this subdivision shall use 80 percent of the additional revenue
to increase compensation-related costs for employees directly employed by the
facility on or after July 1, 2014, except:
(1) persons employed in the central
office of a corporation or entity that has an ownership interest in the
facility or exercises control over the facility; and
(2) persons paid by the facility under a
management contract.
This requirement is subject to audit by the commissioner.
(f) Compensation-related costs include:
(1) wages and salaries;
(2) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation,
and mileage reimbursement;
(3) the employer's share of health and
dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, pensions, and contributions to employee
retirement accounts; and
(4) other benefits provided and
workforce needs, including the recruiting and training of employees as
specified in the distribution plan required under paragraph (i).
(g) For public employees under a
collective bargaining agreement, the increase for wages and benefits is
available and pay rates must be increased only to the extent that the increases
comply with laws governing public employees' collective bargaining. Money received by a facility under paragraph
(e) for pay increases for public employees must be used only for pay increases
implemented between July 1, 2014, and August 1, 2014.
(h)
For a facility that has employees that are represented by an exclusive
bargaining representative, the provider shall obtain a letter of acceptance of
the distribution plan required under paragraph (i), in regard to the members of
the bargaining unit, signed by the exclusive bargaining agent. Upon receipt of the letter of acceptance, the
facility shall be deemed to have met all the requirements of this subdivision
in regard to the members of the bargaining unit. Upon request, the facility shall produce the
letter of acceptance for the commissioner.
(i) A facility that receives a rate
adjustment under paragraph (a) that is subject to paragraph (e) shall prepare,
and upon request submit to the commissioner, a distribution plan that specifies
the amount of money the facility expects to receive that is subject to the
requirements of paragraph (e), including how that money will be distributed to
increase compensation for employees. The
commissioner may recover funds from a facility that fails to comply with this
requirement.
(j) By January 1, 2015, the facility
shall post the distribution plan required under paragraph (i) for a period of
at least six weeks in an area of the facility's operation to which all eligible
employees have access and shall provide instructions for employees who do not
believe they have received the wage and other compensation-related increases
specified in the distribution plan. The
instructions must include a mailing address, e-mail address, and telephone
number that an employee may use to contact the commissioner or the
commissioner's representative.
Sec. 72. Laws 2012, chapter 247, article 4, section 47, is amended to read:
Sec. 47. COMMISSIONER
TO SEEK AMENDMENT FOR EXCEPTION TO CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET
METHODOLOGY.
By July 1, 2012 2014, if
necessary, the commissioner shall request an amendment to the home and
community-based services waivers authorized under Minnesota Statutes, sections
256B.092 and 256B.49, to establish an exception to the consumer-directed
community supports budget methodology to provide up to 20 percent more funds
for those participants who have their 21st birthday and graduate from high
school during between 2013 to 2015 and are authorized for
more services under consumer-directed community supports prior to graduation
than what the amount they are eligible to receive under the
current consumer-directed community supports budget methodology. The exception is limited to those who can
demonstrate that they will have to leave consumer-directed community supports
and use other waiver services because their need for day or employment supports
cannot be met within the consumer-directed community supports budget limits. The commissioner shall consult with the
stakeholder group authorized under Minnesota Statutes, section 256B.0657,
subdivision 11, to implement this provision.
The exception process shall be effective upon federal approval for
persons eligible during 2013 and 2014 through June 30, 2017.
Sec. 73. Laws 2013, chapter 108, article 7, section 14, the effective date, is amended to read:
EFFECTIVE
DATE. Subdivisions 1 to 7 and 9, are
effective upon federal approval consistent with subdivision 11, but no earlier
than March July 1, 2014. Subdivisions
8, 10, and 11 are effective July 1, 2013.
EFFECTIVE
DATE. This section is
effective retroactively from March 1, 2014.
Sec. 74. HOME
AND COMMUNITY-BASED SETTINGS TRANSITION PLAN.
The commissioner of human services shall develop a transition plan to comply with the Centers for Medicare and Medicaid Services final rule defining home and community-based settings published on January 16, 2014, Code of Federal Regulations, title 42, section 441.301(c)(4)-(5). In developing the plan, the commissioner shall consult with individuals with disabilities, seniors, and other stakeholders, including, but not limited to advocates, providers, lead agencies, other state agencies, and the Olmstead subcabinet. The commissioner shall submit the plan to the Centers for Medicare and Medicaid Services by December 31, 2014.
By
January 15, 2015, the commissioner shall provide a report with the plan
submitted to the Centers for Medicare and Medicaid Services, as well as any
changes as a result of negotiations that have occurred with the Centers for
Medicare and Medicaid Services, to the chairs and ranking minority members of
the house of representatives and senate policy and finance committees with
jurisdiction over health and human services.
This report must contain any recommended legislation and funding
requests necessary to implement the transition plan.
Sec. 75. PROVIDER
RATE AND GRANT INCREASES EFFECTIVE JULY 1, 2014.
(a) The commissioner of human services
shall increase reimbursement rates, grants, allocations, individual limits, and
rate limits, as applicable, by five percent for the rate period beginning July
1, 2014, for services rendered on or after July 1, 2014. County or tribal contracts for services,
grants, and programs under paragraph (b) must be amended to pass through these
rate increases by September 1, 2014.
(b) The rate changes described in this
section must be provided to:
(1) home and community-based waivered
services for persons with developmental disabilities, including
consumer-directed community supports, under Minnesota Statutes, section
256B.092;
(2) waivered services under community
alternatives for disabled individuals, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(3) community alternative care waivered
services, including consumer-directed community supports, under Minnesota
Statutes, section 256B.49;
(4) brain injury waivered services,
including consumer-directed community supports, under Minnesota Statutes,
section 256B.49;
(5) home and community-based waivered
services for the elderly under Minnesota Statutes, section 256B.0915;
(6) nursing services and home health
services under Minnesota Statutes, section 256B.0625, subdivision 6a;
(7) personal care services and
qualified professional supervision of personal care services under Minnesota
Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services under
Minnesota Statutes, section 256B.0625, subdivision 7;
(9) community first services and
supports under Minnesota Statutes, section 256B.85;
(10) essential community supports under
Minnesota Statutes, section 256B.0922;
(11) day training and habilitation
services for adults with developmental disabilities under Minnesota Statutes,
sections 252.41 to 252.46, including the additional cost to counties of the
rate adjustments on day training and habilitation services, provided as a
social service;
(12) alternative care services under
Minnesota Statutes, section 256B.0913;
(13) living skills training programs for
persons with intractable epilepsy who need assistance in the transition to
independent living under Laws 1988, chapter 689;
(14) semi-independent living services
(SILS) under Minnesota Statutes, section 252.275;
(15)
consumer support grants under Minnesota Statutes, section 256.476;
(16) family support grants under
Minnesota Statutes, section 252.32;
(17) housing access grants under
Minnesota Statutes, section 256B.0658;
(18) self-advocacy grants under Laws
2009, chapter 101;
(19) technology grants under Laws 2009,
chapter 79;
(20) aging grants under Minnesota
Statutes, sections 256.975 to 256.977 and 256B.0917;
(21) deaf and hard-of-hearing grants,
including community support services for deaf and hard-of-hearing adults with
mental illness who use or wish to use sign language as their primary means of
communication under Minnesota Statutes, section 256.01, subdivision 2;
(22) deaf and hard-of-hearing grants
under Minnesota Statutes, sections 256C.233, 256C.25, and 256C.261;
(23) Disability Linkage Line grants
under Minnesota Statutes, section 256.01, subdivision 24;
(24) transition initiative grants under
Minnesota Statutes, section 256.478;
(25) employment support grants under
Minnesota Statutes, section 256B.021, subdivision 6; and
(26) grants provided to people who are
eligible for the Housing Opportunities for Persons with AIDS program under
Minnesota Statutes, section 256B.492.
(c) A managed care plan or county-based
purchasing plan receiving state payments for the services grants and programs
in paragraph (b) must include these increases in their payments to providers. To implement the rate increase in paragraph
(a), capitation rates paid by the commissioner to managed care plans and
county-based purchasing plans under Minnesota Statutes, section 256B.69, shall
reflect a five percent increase for the services and programs specified in
paragraph (b) for the period beginning July 1, 2014.
(d) Counties shall increase the budget
for each recipient of consumer-directed community supports by the amount in
paragraph (a) on July 1, 2014.
(e) To receive the rate increase
described in this section, providers under paragraphs (a) and (b) must submit
to the commissioner documentation that identifies a quality improvement project
that the provider will implement by June 30, 2015. Documentation must be provided in a format
specified by the commissioner. Projects
must:
(1) improve the quality of life of home
and community-based services recipients in a meaningful way;
(2) improve the quality of services in
a measurable way; or
(3) deliver good quality service more
efficiently while using the savings to enhance services for the participants
served.
Providers listed in paragraph (b), clauses (7), (9), (10),
and (13) to (26), are not subject to this requirement.
(f) For a provider that fails to submit
documentation described in paragraph (e) by a date or in a format specified by
the commissioner, the commissioner shall reduce the provider's rate by one
percent effective January 1, 2015.
(g)
Providers that receive a rate increase under paragraph (a) shall use 80 percent
of the additional revenue to increase compensation-related costs for employees
directly employed by the program on or after July 1, 2014, except:
(1) persons employed in the central
office of a corporation or entity that has an ownership interest in the
provider or exercises control over the provider; and
(2) persons paid by the provider under
a management contract.
This requirement is subject to audit by the commissioner.
(h) Compensation-related costs include:
(1) wages and salaries;
(2) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation,
and mileage reimbursement;
(3) the employer's share of health and
dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, pensions, and contributions to employee
retirement accounts; and
(4) other benefits provided and
workforce needs, including the recruiting and training of employees as
specified in the distribution plan required under paragraph (m).
(i) For public employees under a
collective bargaining agreement, the increase for wages and benefits is
available and pay rates must be increased only to the extent that the increases
comply with laws governing public employees' collective bargaining. Money received by a provider for pay
increases for public employees under paragraph (g) must be used only for pay
increases implemented between July 1, 2014, and August 1, 2014.
(j) For a provider that has employees
that are represented by an exclusive bargaining representative, the provider
shall obtain a letter of acceptance of the distribution plan required under
paragraph (m), in regard to the members of the bargaining unit, signed by the
exclusive bargaining agent. Upon receipt
of the letter of acceptance, the provider shall be deemed to have met all the
requirements of this section in regard to the members of the bargaining unit. Upon request, the provider shall produce the
letter of acceptance for the commissioner.
(k) The commissioner shall amend state
grant contracts that include direct personnel-related grant expenditures to
include the allocation for the portion of the contract related to employee
compensation. Grant contracts for
compensation-related services must be amended to pass through these adjustments
by September 1, 2014, and must be retroactive to July 1, 2014.
(l) The Board on Aging and its area
agencies on aging shall amend their grants that include direct personnel-related
grant expenditures to include the rate adjustment for the portion of the grant
related to employee compensation. Grants
for compensation-related services must be amended to pass through these
adjustments by September 1, 2014, and must be retroactive to July 1, 2014.
(m) A provider that receives a rate
adjustment under paragraph (a) that is subject to paragraph (g) shall prepare,
and upon request submit to the commissioner, a distribution plan that specifies
the amount of money the provider expects to receive that is subject to the
requirements of paragraph (g), including how that money will be distributed to
increase compensation for employees. The
commissioner may recover funds from a provider that fails to comply with this
requirement.
(n)
By January 1, 2015, the provider shall post the distribution plan required
under paragraph (m) for a period of at least six weeks in an area of the
provider's operation to which all eligible employees have access and shall
provide instructions for employees who do not believe they have received the
wage and other compensation-related increases specified in the distribution
plan. The instructions must include a
mailing address, e-mail address, and telephone number that the employee may use
to contact the commissioner or the commissioner's representative.
(o) For providers with rates
established under Minnesota Statutes, section 256B.4914, and with a historical
rate established under Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (b), that is greater than the rate established under Minnesota
Statutes, section 256B.4914, the requirements in paragraph (g) must only apply
to the portion of the rate increase that exceeds the difference between the
rate established under Minnesota Statutes, section 256B.4914, and the banding
value established under Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (b).
Sec. 76. DISABILITY
WAIVER REIMBURSEMENT RATE ADJUSTMENTS.
Subdivision 1. Historical
rate. The commissioner of
human services shall adjust the historical rates calculated in Minnesota
Statutes, section 256B.4913, subdivision 4a, paragraph (b), in effect during
the banding period under Minnesota Statutes, section 256B.4913, subdivision 4a,
paragraph (a), for the reimbursement rate increases effective April 1, 2014,
and any rate modification enacted during the 2014 legislative session.
Subd. 2. Residential
support services. The
commissioner of human services shall adjust the rates calculated in Minnesota
Statutes, section 256B.4914, subdivision 6, paragraphs (b), clause (4), and
(c), for the reimbursement rate increases effective April 1, 2014, and any rate
modification enacted during the 2014 legislative session.
Subd. 3. Day
programs. The commissioner of
human services shall adjust the rates calculated in Minnesota Statutes, section
256B.4914, subdivision 7, paragraph (a), clauses (15) to (17), for the
reimbursement rate increases effective April 1, 2014, and any rate modification
enacted during the 2014 legislative session.
Subd. 4. Unit-based
services with programming. The
commissioner of human services shall adjust the rate calculated in Minnesota
Statutes, section 256B.4914, subdivision 8, paragraph (a), clause (14), for the
reimbursement rate increases effective April 1, 2014, and any rate modification
enacted during the 2014 legislative session.
Subd. 5. Unit-based
services without programming. The
commissioner of human services shall adjust the rate calculated in Minnesota
Statutes, section 256B.4914, subdivision 9, paragraph (a), clause (23), for the
reimbursement rate increases effective April 1, 2014, and any rate modification
enacted during the 2014 legislative session.
Sec. 77. REVISOR'S
INSTRUCTION.
(a) In each section of Minnesota
Statutes or part of Minnesota Rules referred to in column A, the revisor of
statutes shall delete the word or phrase in column B and insert the phrase in
column C. The revisor shall also make
related grammatical changes and changes in headnotes.
(b) The revisor of statutes shall change
the term "health and safety" to "health and welfare" in the
following statutes: Minnesota Statutes,
sections 245D.03, 245D.061, 245D.071, 245D.10, 245D.11, 245D.31, 256B.0915, and
256B.092.
ARTICLE 28
PUBLIC ASSISTANCE SIMPLIFICATION
Section 1. Minnesota Statutes 2012, section 254B.04, subdivision 3, is amended to read:
Subd. 3. Amount
of contribution. The commissioner
shall adopt a sliding fee scale to determine the amount of contribution to be
required from persons under this section.
The commissioner may adopt rules to amend existing fee scales. The commissioner may establish a separate fee
scale for recipients of chemical dependency transitional and extended care
rehabilitation services that provides for the collection of fees for board and
lodging expenses. The fee schedule shall
ensure that employed persons are allowed the income disregards and savings
accounts that are allowed residents of community mental illness facilities
under section 256D.06, subdivisions subdivision 1 and 1b. The fee scale must not provide assistance to
persons whose income is more than 115 percent of the state median income. Payments of liabilities under this section
are medical expenses for purposes of determining spenddown under sections
256B.055, 256B.056, 256B.06, and 256D.01 to 256D.21. The required amount of contribution
established by the fee scale in this subdivision is also the cost of care
responsibility subject to collection under section 254B.06, subdivision 1.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 2. Minnesota Statutes 2012, section 256D.02, subdivision 8, is amended to read:
Subd. 8. Income. "Income" means any form of
income, including remuneration for services performed as an employee and net
earnings earned income from rental income and self-employment
earnings, reduced by the amount attributable to employment expenses
as defined by the commissioner. The
amount attributable to employment expenses shall include amounts paid or
withheld for federal and state personal income taxes and federal Social
Security taxes as described under section 256P.05.
Income includes any payments received as an
annuity, retirement, or disability benefit, including veteran's or workers'
compensation; old age, survivors, and disability insurance; railroad retirement
benefits; unemployment benefits; and benefits under any federally aided
categorical assistance program, supplementary security income, or other
assistance program; rents, dividends, interest and royalties; and support and
maintenance payments. Such payments may
not be considered as available to meet the needs of any person other than the
person for whose benefit they are received, unless that person is a family
member or a spouse and the income is not excluded under section 256D.01,
subdivision 1a. Goods and services
provided in lieu of cash payment shall be excluded from the definition of
income, except that payments made for room, board, tuition or fees by a parent,
on behalf of a child enrolled as a full-time student in a postsecondary
institution, and payments made on behalf of an applicant or recipient participant
which the applicant or recipient participant could legally demand
to receive personally in cash, must be included as income. Benefits of an applicant or recipient participant,
such as those administered by the Social Security Administration, that are paid
to a representative payee, and are spent on behalf of the applicant or recipient
participant, are considered available income of the applicant or recipient
participant.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 256D.02, subdivision 12, is amended to read:
Subd. 12. County
Agency. "County agency"
means the agency designated by the county board of commissioners, human
services boards, local social services agencies in the several counties of the
state or multicounty local social services agencies or departments where those
have been established in accordance with law "Agency" has the
meaning given in section 256P.01, subdivision 2.
Sec. 4. Minnesota Statutes 2012, section 256D.05, subdivision 5, is amended to read:
Subd. 5. Transfers
of property. The equity value of
real and personal property transferred without reasonable compensation within 12
months preceding the date of application for general assistance must be
included in determining the resources of an assistance unit in the same
manner as in the Minnesota family investment program under chapter 256J as
described in section 256P.02, subdivision 1, paragraph (c).
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 5. Minnesota Statutes 2012, section 256D.06, subdivision 1, is amended to read:
Subdivision 1. Eligibility;
amount of assistance. General
assistance shall be granted in an amount that when added to the nonexempt
income actually available to the assistance unit, the total amount equals the
applicable standard of assistance for general assistance. In determining eligibility for and the amount
of assistance for an individual or married couple, the county agency
shall apply the earned income disregard the first $50 of earned
income per month as determined in section 256P.03.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 6. Minnesota Statutes 2012, section 256D.08, subdivision 1, is amended to read:
Subdivision 1. Eligibility;
excluded resources. In
determining eligibility of an assistance unit, the following resources shall be
excluded:
(1) real or personal property or liquid
assets which do not exceed $1,000; and
(2) other property which has been
determined, according to limitations contained in rules promulgated by the
commissioner, to be essential to the assistance unit as a means of self-support
or self-care or which is producing income that is being used for the support of
the assistance unit. The commissioner
shall further provide by rule the conditions for those situations in which
property not excluded under this subdivision may be retained by the assistance
unit where there is a reasonable probability that in the foreseeable future the
property will be used for the self-support of the assistance unit; and
(3) payments, made according to
litigation and subsequent appropriation by the United States Congress, of funds
to compensate members of Indian tribes for the taking of tribal land by the
federal government. To establish
eligibility for general assistance under this chapter, an agency must use the
procedures established in section 256P.02.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 7. Minnesota Statutes 2012, section 256D.08, is amended by adding a subdivision to read:
Subd. 3. Verification. To verify eligibility for general
assistance under this chapter, an agency must use the procedures established in
section 256P.04.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 8. Minnesota Statutes 2012, section 256D.10, is amended to read:
256D.10
ADMINISTRATIVE HEARING PRIOR TO ADVERSE ACTION.
No grant of general assistance except one
made pursuant to section 256D.06, subdivision 2; or 256D.08, subdivision 2,
shall be reduced, terminated, or suspended unless the recipient receives notice
and is afforded an opportunity to be heard prior to any action by the county
agency.
Nothing herein shall deprive a recipient of the right to full administrative and judicial review of an order or determination of a county agency as provided for in section 256.045 subsequent to any action taken by a county agency after a prior hearing.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 9. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
Subdivision 1. Verification
of information. The county
agency shall request, and applicants and recipients shall provide and verify,
all information necessary to determine initial and continuing eligibility and
assistance payment amounts. If
necessary, the county agency shall assist the applicant or recipient in
obtaining verifications. If the
applicant or recipient refuses or fails without good cause to provide the
information or verification, the county agency shall deny or terminate
assistance An agency must apply section 256P.04 when documenting,
verifying, and recertifying eligibility under this chapter. An agency must only require verification of
information necessary to determine eligibility under this chapter and the
amount of the assistance payment.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 10. Minnesota Statutes 2012, section 256D.405, subdivision 3, is amended to read:
Subd. 3. Reports. Recipients Participants
must report changes in circumstances that affect eligibility or assistance
payment amounts within ten days of the change.
Recipients Participants who do not receive SSI because of
excess income must complete a monthly report form if they have earned income,
if they have income deemed to them from a financially responsible relative with
whom the recipient participant resides, or if they have income
deemed to them by a sponsor. If the
report form is not received before the end of the month in which it is due, the
county agency must terminate assistance.
The termination shall be effective on the first day of the month
following the month in which the report was due. If a complete report is received within the
month the assistance was terminated, the assistance unit is considered to have
continued its application for assistance, effective the first day of the month
the assistance was terminated.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 11. Minnesota Statutes 2012, section 256D.425, subdivision 2, is amended to read:
Subd. 2. Resource standards. (a) For persons receiving supplemental security income benefits, the resource standards and restrictions for supplemental aid under this section shall be those used to determine eligibility for disabled individuals in the supplemental security income program.
(b) For persons not receiving
supplemental security income benefits due to excess income or resources, but
whose income and resources are within the limits of the Minnesota supplemental
aid program, the resource standards shall be those in section 256P.02.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 12. Minnesota Statutes 2012, section 256I.03, is amended by adding a subdivision to read:
Subd. 1a. Agency. "Agency" has the meaning
given in section 256P.01, subdivision 2.
Sec. 13. Minnesota Statutes 2012, section 256I.04, subdivision 1, is amended to read:
Subdivision 1. Individual
eligibility requirements. An
individual is eligible for and entitled to a group residential housing payment
to be made on the individual's behalf if the county agency has approved
the individual's residence in a group residential housing setting and the
individual meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is
over 18 years of age and disabled as determined under the criteria used by the
title II program of the Social Security Act, and meets the resource
restrictions and standards of the supplemental security income program section
256P.02, and the individual's countable income after deducting the (1)
exclusions and disregards of the SSI program, (2) the medical assistance
personal needs allowance under section 256B.35, and (3) an amount equal to the
income actually made available to a community spouse by an elderly waiver recipient
participant under the provisions of sections 256B.0575, paragraph (a),
clause (4), and 256B.058, subdivision 2, is less than the monthly rate
specified in the county agency's agreement with the provider of group
residential housing in which the individual resides.
(b) The individual meets a category of
eligibility under section 256D.05, subdivision 1, paragraph (a), and the
individual's resources are less than the standards specified by section 256D.08
256P.02, and the individual's countable income as determined under
sections 256D.01 to 256D.21, less the medical assistance personal needs allowance
under section 256B.35 is less than the monthly rate specified in the county
agency's agreement with the provider of group residential housing in which the
individual resides.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 14. Minnesota Statutes 2012, section 256J.08, is amended by adding a subdivision to read:
Subd. 2a. Agency. "Agency" has the meaning
given in section 256P.01, subdivision 2.
Sec. 15. Minnesota Statutes 2012, section 256J.08, subdivision 47, is amended to read:
Subd. 47. Income. "Income" means cash or in-kind
benefit, whether earned or unearned, received by or available to an applicant
or participant that is not an asset property under section 256J.20
256P.02.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 16. Minnesota Statutes 2012, section 256J.08, subdivision 57, is amended to read:
Subd. 57. Minnesota
family investment program or MFIP. "Minnesota
family investment program" or "MFIP" means the assistance
program authorized in this chapter and chapter 256K.
Sec. 17. Minnesota Statutes 2012, section 256J.08, subdivision 83, is amended to read:
Subd. 83. Significant
change. "Significant
change" means a decline in gross income of the amount of the disregard as
defined in subdivision 24 section 256P.03 or more from the income
used to determine the grant for the current month.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 18. Minnesota Statutes 2012, section 256J.10, is amended to read:
256J.10
MFIP ELIGIBILITY REQUIREMENTS.
To be eligible for MFIP, applicants must
meet the general eligibility requirements in sections 256J.11 to 256J.15, the
property limitations in section 256J.20 256P.02, and the income
limitations in section 256J.21.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 19. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 3, is amended to read:
Subd. 3. Initial
income test. The county
agency shall determine initial eligibility by considering all earned and
unearned income that is not excluded under subdivision 2. To be eligible for MFIP, the assistance
unit's countable income minus the earned income disregards in paragraphs
paragraph (a) and (b) section 256P.03 must be below the
family wage level according to section 256J.24 for that size assistance unit.
(a) The initial eligibility determination must disregard the following items:
(1) the employment earned income
disregard is 18 percent of the gross earned income whether or not the member
is working full time or part time as determined in section 256P.03;
(2) dependent care costs must be deducted
from gross earned income for the actual amount paid for dependent care up to a
maximum of $200 per month for each child less than two years of age, and $175
per month for each child two years of age and older under this chapter and
chapter 119B;
(3) all payments made according to a court
order for spousal support or the support of children not living in the
assistance unit's household shall be disregarded from the income of the person
with the legal obligation to pay support, provided that, if there has been a
change in the financial circumstances of the person with the legal obligation
to pay support since the support order was entered, the person with the legal
obligation to pay support has petitioned for a modification of the support
order; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible and who lives with the caregiver according to section 256J.36.
(b) Notwithstanding paragraph (a), when
determining initial eligibility for applicant units when at least one member
has received MFIP in this state within four months of the most recent
application for MFIP, apply the disregard as defined in section 256J.08,
subdivision 24, for all unit members.
After initial eligibility is established, the assistance payment calculation is based on the monthly income test.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 20. Minnesota Statutes 2012, section 256J.21, subdivision 4, is amended to read:
Subd. 4. Monthly income test and determination of assistance payment. The county agency shall determine ongoing eligibility and the assistance payment amount according to the monthly income test. To be eligible for MFIP, the result of the computations in paragraphs (a) to (e) must be at least $1.
(a) Apply an income disregard as defined in
section 256J.08, subdivision 24 256P.03, to gross earnings and
subtract this amount from the family wage level. If the difference is equal to or greater than
the MFIP transitional standard of need, the assistance payment is
equal to the MFIP transitional standard of need. If the difference is less than the MFIP transitional
standard of need, the assistance payment is equal to the difference. The employment earned income
disregard in this paragraph must be deducted every month there is earned
income.
(b)
All payments made according to a court order for spousal support or the support
of children not living in the assistance unit's household must be disregarded
from the income of the person with the legal obligation to pay support,
provided that, if there has been a change in the financial circumstances of the
person with the legal obligation to pay support since the support order was
entered, the person with the legal obligation to pay support has petitioned for
a modification of the court order.
(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible and who lives with the caregiver must be made according to section 256J.36.
(d) Subtract unearned income dollar for
dollar from the MFIP transitional standard of need to determine the
assistance payment amount.
(e) When income is both earned and unearned, the amount of the assistance payment must be determined by first treating gross earned income as specified in paragraph (a). After determining the amount of the assistance payment under paragraph (a), unearned income must be subtracted from that amount dollar for dollar to determine the assistance payment amount.
(f) When the monthly income is greater
than the MFIP transitional standard of need after deductions and
the income will only exceed the standard for one month, the county agency must
suspend the assistance payment for the payment month.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 21. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
Subd. 4. Participant's
completion of recertification of eligibility form. A participant must complete forms
prescribed by the commissioner which are required for recertification of
eligibility according to section 256J.32, subdivision 6 256P.04,
subdivisions 8 and 9.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 22. Minnesota Statutes 2013 Supplement, section 256J.30, subdivision 9, is amended to read:
Subd. 9. Changes
that must be reported. A caregiver
must report the changes or anticipated changes specified in clauses (1) to (16)
(15) within ten days of the date they occur, at the time of the periodic
recertification of eligibility under section 256J.32, subdivision 6 256P.04,
subdivisions 8 and 9, or within eight calendar days of a reporting period
as in subdivision 5, whichever occurs first.
A caregiver must report other changes at the time of the periodic
recertification of eligibility under section 256J.32, subdivision 6 256P.04,
subdivisions 8 and 9, or at the end of a reporting period under subdivision
5, as applicable. A caregiver must make
these reports in writing to the county agency. When a county an agency could
have reduced or terminated assistance for one or more payment months if a delay
in reporting a change specified under clauses (1) to (15) (14) had
not occurred, the county agency must determine whether a timely notice
under section 256J.31, subdivision 4, could have been issued on the day that
the change occurred. When a timely
notice could have been issued, each month's overpayment subsequent to that
notice must be considered a client error overpayment under section 256J.38. Calculation of overpayments for late
reporting under clause (16) (15) is specified in section 256J.09,
subdivision 9. Changes in circumstances
which must be reported within ten days must also be reported on the MFIP
household report form for the reporting period in which those changes occurred. Within ten days, a caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds $30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance unit to exceed asset limits;
(7) a change in the physical or mental status of an incapacitated member of the assistance unit if the physical or mental status is the basis for reducing the hourly participation requirements under section 256J.55, subdivision 1, or the type of activities included in an employment plan under section 256J.521, subdivision 2;
(8) a change in employment status;
(9) information affecting an exception
under section 256J.24, subdivision 9;
(10) (9) the marriage or
divorce of an assistance unit member;
(11) (10) the death of a
parent, minor child, or financially responsible person;
(12) (11) a change in
address or living quarters of the assistance unit;
(13) (12) the sale,
purchase, or other transfer of property;
(14) (13) a change in school
attendance of a caregiver under age 20 or an employed child;
(15) (14) filing a lawsuit,
a workers' compensation claim, or a monetary claim against a third party; and
(16) (15) a change in
household composition, including births, returns to and departures from the
home of assistance unit members and financially responsible persons, or a
change in the custody of a minor child.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 23. Minnesota Statutes 2012, section 256J.32, subdivision 1, is amended to read:
Subdivision 1. Verification
of information. A county An
agency must apply section 256P.04 when documenting, verifying, and recertifying
MFIP eligibility. An agency must
only require verification of information necessary to determine MFIP
eligibility and the amount of the assistance payment.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 24. Minnesota Statutes 2012, section 256J.33, subdivision 2, is amended to read:
Subd. 2. Prospective
eligibility. A county An
agency must determine whether the eligibility requirements that pertain to an
assistance unit, including those in sections 256J.11 to 256J.15 and 256J.20
256P.02, will be met prospectively for the payment month. Except for the provisions in section 256J.34,
subdivision 1, the income test will be applied retrospectively.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 25. Minnesota Statutes 2012, section 256J.37, as amended by Laws 2013, chapter 107, article 4, section 15, is amended to read:
256J.37
TREATMENT OF INCOME AND LUMP SUMS.
Subdivision 1. Deemed
income from ineligible household assistance unit members. Unless otherwise provided under
subdivision 1a or 1b, The income of ineligible household assistance
unit members must be deemed after allowing the following disregards:
(1) the first 18 percent of the
ineligible family member's gross an earned income disregard as
determined under section 256P.03;
(2) amounts the ineligible person
actually paid to individuals not living in the same household but whom the
ineligible person claims or could claim as dependents for determining federal
personal income tax liability;
(3) (2) all payments made by
the ineligible person according to a court order for spousal support or the
support of children not living in the assistance unit's household, provided
that, if there has been a change in the financial circumstances of the
ineligible person since the support order was entered, the ineligible person
has petitioned for a modification of the support order; and
(4) (3) an amount for the unmet
needs of the ineligible person and other persons who live in the
household but are not included in the assistance unit and are or could be
claimed by an ineligible person as dependents for determining federal personal
income tax liability who, if eligible, would be assistance unit members
under section 256J.24, subdivision 2 or 4, paragraph (b). This amount is equal to the difference
between the MFIP transitional standard of need when the
ineligible person is persons are included in the assistance unit
and the MFIP transitional standard of need when the ineligible person
is persons are not included in the assistance unit.
Subd. 1a. Deemed income from disqualified assistance unit members. The income of disqualified members must be deemed after allowing the following disregards:
(1) the first 18 percent of the
disqualified member's gross an earned income disregard as
determined under section 256P.03;
(2) amounts the disqualified member
actually paid to individuals not living in the same household but whom the
disqualified member claims or could claim as dependents for determining federal
personal income tax liability;
(3) (2) all payments made by
the disqualified member according to a court order for spousal support or the
support of children not living in the assistance unit's household, provided
that, if there has been a change in the financial circumstances of the
disqualified member's legal obligation to pay support since the support order
was entered, the disqualified member has petitioned for a modification of the
support order; and
(4) (3) an amount for the unmet
needs of other ineligible persons who live in the household but are
not included in the assistance unit and are or could be claimed by the
disqualified member as dependents for determining federal personal income tax
liability who, if eligible, would be assistance unit members under
section 256J.24, subdivision 2 or 4, paragraph (b). This amount is equal to the difference
between the MFIP transitional standard of need when the
ineligible person is persons are included in the assistance unit
and the MFIP transitional standard of need when the ineligible person
is persons are not included in the assistance unit. An amount shall not be allowed for the needs
of a disqualified member members.
Subd. 1b. Deemed income from parents of minor caregivers. In households where minor caregivers live with a parent or parents who do not receive MFIP for themselves or their minor children, the income of the parents must be deemed after allowing the following disregards:
(1)
income of the parents equal to 200 percent of the federal poverty guideline for
a family size not including the minor parent and the minor parent's child in
the household according to section 256J.21, subdivision 2, clause (43); and
(2) 18 percent of the parents' gross
earned income;
(3) amounts the parents actually paid
to individuals not living in the same household but whom the parents claim or
could claim as dependents for determining federal personal income tax
liability; and
(4) (2) all payments made by
parents according to a court order for spousal support or the support of
children not living in the parent's household, provided that, if there has
been a change in the financial circumstances of the parent's legal obligation
to pay support since the support order was entered, the parents have petitioned
for a modification of the support order.
Subd. 2. Deemed
income and assets of sponsor of noncitizens.
(a) If a noncitizen applies for or receives MFIP, the county agency
must deem the income and assets of the noncitizen's sponsor and the sponsor's
spouse as provided in this paragraph and paragraph (b) or (c), whichever is applicable. The deemed income of a sponsor and the
sponsor's spouse is considered unearned income of the noncitizen. The deemed assets of a sponsor and the
sponsor's spouse are considered available assets of the noncitizen.
(b) The income and assets of a sponsor who signed an affidavit of support under title IV, sections 421, 422, and 423, of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the income and assets of the sponsor's spouse, must be deemed to the noncitizen to the extent required by those sections of Public Law 104-193.
(c) The income and assets of a sponsor and the sponsor's spouse to whom the provisions of paragraph (b) do not apply must be deemed to the noncitizen to the full extent allowed under title V, section 5505, of Public Law 105-33, the Balanced Budget Act of 1997.
Subd. 3. Earned
income of wage, salary, and contractual employees. The county agency must include
gross earned income less any disregards in the initial and monthly income test. Gross earned income received by persons
employed on a contractual basis must be prorated over the period covered by the
contract even when payments are received over a lesser period of time.
Subd. 3a. Rental
subsidies; unearned income. (a)
Effective July 1, 2003, the county agency shall count $50 of the value
of public and assisted rental subsidies provided through the Department of
Housing and Urban Development (HUD) as unearned income to the cash portion of
the MFIP grant. The full amount of the
subsidy must be counted as unearned income when the subsidy is less than $50. The income from this subsidy shall be
budgeted according to section 256J.34.
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been certified by a qualified professional when the illness, injury, or incapacity is expected to continue for more than 30 days and severely limits the person's ability to obtain or maintain suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity of another member in the assistance unit, a relative in the household, or a foster child in the household when the illness or incapacity and the need for the participant's presence in the home has been certified by a qualified professional and is expected to continue for more than 30 days.
(c) The provisions of this subdivision
shall not apply to an MFIP assistance unit where the parental caregiver is an
SSI recipient participant.
Subd. 4. Self-employment. Self-employed individuals are those
who are responsible for their own work schedule and do not have coverage under
an employer's liability insurance or workers' compensation. Self-employed individuals generally work for
themselves rather than an employer. However,
individuals employed in some types of services may be self-employed even if
they have an employer or work out of another's business location. For example, real estate sales people,
individuals who work for commission sales, manufacturer's representatives, and
independent contractors may be self-employed.
Self-employed individuals may or may not have FICA deducted from the
check issued to them by an employer or another party.
Self-employed individuals may own a
business singularly or in partnership. Individuals
operating more than one self-employment business may use the loss from one
business to offset self-employment income from another business. A loss from a self-employment business may
not offset income earned under subdivision 3.
Self-employment has the meaning given in
section 256P.01, subdivision 7.
Subd. 5. Self-employment
earnings. The county agency
must determine self-employment income according to the following: section 256P.05, subdivision 2.
(a) Subtract allowable business
expenses from total gross receipts. Allowable
business expenses include:
(1) interest on mortgages and loans;
(2) employee wages, except for persons
who are part of the assistance unit or whose income is deemed to the
participant;
(3) FICA funds paid on employees'
wages, payment of employee workers' compensation, and unemployment benefits;
(4) livestock and veterinary or
breeding fees;
(5) raw material;
(6) seed and fertilizer;
(7) maintenance and repairs that are
not capital expenditures;
(8) tax return preparation fees;
(9) license fees, professional fees,
franchise fees, and professional dues;
(10) tools and supplies that are not
capital expenditures;
(11) fuel and transportation expenses
other than fuel costs covered by the flat rate transportation deduction;
(12)
advertising costs;
(13) meals eaten when required to be
away from the local work site;
(14) property expenses such as rent,
insurance, taxes, and utilities;
(15) postage;
(16) purchase cost of inventory at time
of sale;
(17) loss from another self-employment
business;
(18) attorney fees allowed by the
Internal Revenue Service; and
(19) tuition for classes necessary to
maintain or improve job skills or required by law to maintain job status or
salary as allowed by the Internal Revenue Service.
(b) The county agency shall not allow a
deduction for the following expenses:
(1) purchases of capital assets;
(2) payments on the principals of loans
for capital assets;
(3) depreciation;
(4) amortization;
(5) the wholesale costs of items
purchased, processed, or manufactured which are unsold inventory;
(6) transportation costs that exceed
the maximum standard mileage rate allowed for use of a personal car in the
Internal Revenue Code;
(7) costs, in any amount, for mileage
between an applicant's or participant's home and place of employment;
(8) salaries and other employment
deductions made for members of an assistance unit or persons who live in the
household for whom an employer is legally responsible;
(9) monthly expenses in excess of $71
for each roomer;
(10) monthly expenses in excess of the
Thrifty Food Plan amount for one person for each boarder. For purposes of this clause and clause (11),
"Thrifty Food Plan" has the meaning given it in Code of Federal
Regulations;
(11) monthly expenses in excess of the
roomer rate plus the Thrifty Food Plan amount for one person for each
roomer-boarder. If there is more than
one boarder or roomer-boarder, use the total number of boarders as the unit
size to determine the Thrifty Food Plan amount;
(12) an amount greater than actual
expenses or two percent of the estimated market value on a county tax
assessment form, whichever is greater, as a deduction for upkeep and repair
against rental income;
(13) expenses not allowed by the
Internal Revenue Code;
(14)
expenses in excess of 60 percent of gross receipts for in-home child care
unless a higher amount can be documented; and
(15) expenses that are reimbursed under
the child and adult care food program as authorized under the National School
Lunch Act, United States Code, title 42.
Subd. 6. Self-employment
budget period. The
self-employment budget period begins in the month of application or in the
first month of self-employment. Gross
receipts must be budgeted in the month received. Expenses must be budgeted against gross
receipts in the month the expenses are paid, except for paragraphs (a) to (c).
(a) The purchase cost of inventory
items, including materials which are processed or manufactured, must be
deducted as an expense at the time payment is received for the sale of the
inventory items.
(b) A 12-month rolling average based on
clauses (1) to (3) must be used to budget monthly income.
(1) For a business in operation for at
least 12 months, the county agency shall use the average monthly self-employment
income from the most current income tax report for the 12 months before the
month of application. The county agency
shall determine a new monthly average by adding in the actual self-employment
income and expenses from the previous month and dropping the first month from
the averaging period.
(2) For a business in operation for
less than 12 months, the county agency shall compute the average for the number
of months the business has been in operation to determine a monthly average. When data are available for 12 or more
months, average monthly self-employment income is determined under clause (1).
(3) If the business undergoes a major
change, the county agency shall compute a new rolling average beginning with
the first month of the major change. For
the purpose of this clause, major change means a change that affects the nature
and scale of the business and is not merely the result of normal business
fluctuations.
(c) For seasonal self-employment, the
caregiver may choose whether to use actual income in the month of receipt and
expenses in the month incurred or the rolling average method of computation. The choice must be made once per year at the
time of application or recertification. For
the purpose of this paragraph, seasonal means working six or less months per
year.
The agency must budget self-employment
earned income according to section 256P.05, subdivision 3.
Subd. 7. Farm
income. Farm income is the
difference between gross receipts and operating expenses. The county agency must not allow a deduction
for expenses listed in subdivision 5, paragraph (b). Gross receipts include sales, rents,
subsidies, soil conservation payments, production derived from livestock, and
income from home-produced food Farm income shall be treated as
self-employment income under section 256P.05, subdivision 2. The agency must budget farm income as
self-employment earned income according to section 256P.05, subdivision 3.
Subd. 8. Rental
income. The county agency must
treat income from rental property as earned or unearned income. Income from rental property is unearned
income unless the assistance unit spends an average of ten hours per week on
maintenance or management of the property.
When the owner spends more than ten hours per week on maintenance or
repairs, the earnings are considered self-employment earnings. An amount must be deducted for upkeep and
repairs, as specified in subdivision 5, paragraph (b), clause (12), real estate
taxes, insurance, utilities, and interest on principal payments. When the applicant or participant lives on
the rental property, expenses for upkeep, taxes, insurance, utilities, and
interest must be divided by the number of rooms to determine expense per room
and expenses deducted must be deducted only for the number of rooms rented Rental
income is subject to the requirements of section 256P.05.
Subd. 9. Unearned
income. (a) The county agency
must apply unearned income to the MFIP transitional standard of need. When determining the amount of unearned
income, the county agency must deduct the costs necessary to secure
payments of unearned income. These costs
include legal fees, medical fees, and mandatory deductions such as federal and
state income taxes.
(b) The county agency must convert
unearned income received on a periodic basis to monthly amounts by prorating
the income over the number of months represented by the frequency of the
payments. The county agency must
begin counting the monthly amount in the month the periodic payment is received
and budget it according to the assistance unit's budget cycle.
Subd. 10. Treatment
of lump sums. (a) The county
agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category
of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month
received and budgeted either prospectively or retrospectively depending on the
budget cycle at the time of receipt. When
an individual receives a lump-sum payment, that lump sum must be combined with
all other earned and unearned income received in the same budget month, and it
must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into
subsequent months. Any funds that remain
in the third month after the month of receipt are counted in the asset limit.
(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month.
(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month.
(d) When a lump sum, combined with other
income under paragraphs (b) and (c), is less than the MFIP transitional
standard of need for the appropriate payment month, the assistance
payment must be reduced according to the amount of the countable income. When the countable income is greater than the
MFIP standard or family wage level, the assistance payment must be suspended
for the payment month.
EFFECTIVE
DATE. The amendments to
subdivisions 1, 1a, 1b, and 2 are effective October 1, 2015. The amendments to subdivisions 4, 5, 6, 7,
and 8 are effective February 1, 2015. The
amendments to subdivisions 9 and 10 are effective January 1, 2015.
Sec. 26. Minnesota Statutes 2012, section 256J.425, subdivision 1, is amended to read:
Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must be in compliance in the participant's 60th counted month. For purposes of determining eligibility for a hardship extension, a participant is in compliance in any month that the participant has not been sanctioned. In order to maintain eligibility for any of the hardship extension categories a participant shall develop and comply with either an employment plan or a family stabilization services plan, whichever is appropriate.
(b) If one participant in a two-parent
assistance unit is determined to be ineligible for a hardship extension, the
county shall give the assistance unit the option of disqualifying the
ineligible participant from MFIP. In
that case, the assistance unit shall be treated as a one-parent assistance unit
and the assistance unit's MFIP grant shall be calculated using the shared
household standard under section 256J.08, subdivision 82a.
(c) Prior to denying an extension, the county must review the sanction status and determine whether the sanction is appropriate or if good cause exists under section 256J.57. If the sanction was inappropriately applied or the participant is granted a good cause exception before the end of month 60, the participant shall be considered for an extension.
EFFECTIVE
DATE. This section is effective
January 1, 2015.
Sec. 27. Minnesota Statutes 2012, section 256J.425, subdivision 7, is amended to read:
Subd. 7. Status of disqualified participants. (a) An assistance unit that is disqualified under subdivision 6, paragraph (a), may be approved for MFIP if the participant complies with MFIP program requirements and demonstrates compliance for up to one month. No assistance shall be paid during this period.
(b) An assistance unit that is disqualified under subdivision 6, paragraph (a), and that reapplies under paragraph (a) is subject to sanction under section 256J.46, subdivision 1, paragraph (c), clause (1), for a first occurrence of noncompliance. A subsequent occurrence of noncompliance results in a permanent disqualification.
(c) If one participant in a two-parent
assistance unit receiving assistance under a hardship extension under
subdivision 3 or 4 is determined to be out of compliance with the employment
and training services requirements under sections 256J.521 to 256J.57, the
county shall give the assistance unit the option of disqualifying the
noncompliant participant from MFIP. In
that case, the assistance unit shall be treated as a one-parent assistance unit
for the purposes of meeting the work requirements under subdivision 4 and the
assistance unit's MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a. An applicant who is disqualified from
receiving assistance under this paragraph may reapply under paragraph (a). If a participant is disqualified from MFIP
under this subdivision a second time, the participant is permanently
disqualified from MFIP.
(d) Prior to a disqualification under this subdivision, a county agency must review the participant's case to determine if the employment plan is still appropriate and attempt to meet with the participant face-to-face. If a face-to-face meeting is not conducted, the county agency must send the participant a notice of adverse action as provided in section 256J.31. During the face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be explained and mitigated by providing a needed preemployment activity, as defined in section 256J.49, subdivision 13, clause (9);
(2) determine whether the participant qualifies for a good cause exception under section 256J.57;
(3) inform the participant of the family violence waiver criteria and make appropriate referrals if the waiver is requested;
(4) inform the participant of the participant's sanction status and explain the consequences of continuing noncompliance;
(5) identify other resources that may be available to the participant to meet the needs of the family; and
(6) inform the participant of the right to appeal under section 256J.40.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 28. Minnesota Statutes 2012, section 256J.95, subdivision 8, is amended to read:
Subd. 8. Verification requirements. (a) A county agency must only require verification of information necessary to determine DWP eligibility and the amount of the payment. The applicant or participant must document the information required or authorize the county agency to verify the information. The applicant or participant has the burden of providing documentary evidence to verify eligibility. The county agency shall assist the applicant or participant in obtaining required documents when the applicant or participant is unable to do so.
(b) A county agency must not request information about an applicant or participant that is not a matter of public record from a source other than county agencies, the Department of Human Services, or the United States Department of Health and Human Services without the person's prior written consent. An applicant's signature on an application form constitutes consent for contact with the sources specified on the application. A county agency may use a single consent form to contact a group of similar sources, but the sources to be contacted must be identified by the county agency prior to requesting an applicant's consent.
(c) Factors to be verified shall follow
section 256J.32, subdivision 256P.04, subdivisions 4 and 5. Except for personal needs, family maintenance
needs must be verified before the expense can be allowed in the calculation of
the DWP grant.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 29. Minnesota Statutes 2012, section 256J.95, subdivision 9, is amended to read:
Subd. 9. Property
and income limitations. The asset
limits and exclusions in section 256J.20 256P.02 apply to
applicants and recipients participants of DWP. All payments, unless excluded in section
256J.21, must be counted as income to determine eligibility for the
diversionary work program. The county
agency shall treat income as outlined in section 256J.37, except for
subdivision 3a. The initial income test
and the disregards in section 256J.21, subdivision 3, shall be followed for
determining eligibility for the diversionary work program.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 30. Minnesota Statutes 2012, section 256J.95, subdivision 10, is amended to read:
Subd. 10. Diversionary work program grant. (a) The amount of cash benefits that a family unit is eligible for under the diversionary work program is based on the number of persons in the family unit, the family maintenance needs, personal needs allowance, and countable income. The county agency shall evaluate the income of the family unit that is requesting payments under the diversionary work program. Countable income means gross earned and unearned income not excluded or disregarded under MFIP. The same disregards for earned income that are allowed under MFIP are allowed for the diversionary work program.
(b) The DWP grant is based on the family maintenance needs for which the DWP family unit is responsible plus a personal needs allowance. Housing and utilities, except for telephone service, shall be vendor paid. Unless otherwise stated in this section, actual housing and utility expenses shall be used when determining the amount of the DWP grant.
(c) The maximum monthly benefit amount
available under the diversionary work program is the difference between the
family unit's needs under paragraph (b) and the family unit's countable income
not to exceed the cash portion of the MFIP transitional standard of
need as defined in section sections 256J.08, subdivision 55a
85, and 256J.24, subdivision 5, for the family unit's size.
(d) Once the county has determined a grant amount, the DWP grant amount will not be decreased if the determination is based on the best information available at the time of approval and shall not be decreased because of any additional income to the family unit. The grant must be increased if a participant later verifies an increase in family maintenance needs or family unit size. The minimum cash benefit amount, if income and asset tests are met, is $10. Benefits of $10 shall not be vendor paid.
(e) When all criteria are met, including the development of an employment plan as described in subdivision 14 and eligibility exists for the month of application, the amount of benefits for the diversionary work program retroactive to the date of application is as specified in section 256J.35, paragraph (a).
(f) Any month during the four-month DWP period that a person receives a DWP benefit directly or through a vendor payment made on the person's behalf, that person is ineligible for MFIP or any other TANF cash assistance program except for benefits defined in section 256J.626, subdivision 2, clause (1).
If during the four-month period a family unit that receives DWP benefits moves to a county that has not established a diversionary work program, the family unit may be eligible for MFIP the month following the last month of the issuance of the DWP benefit.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 31. [256P.001]
APPLICABILITY.
General assistance and Minnesota
supplemental aid under chapter 256D and programs governed by chapter 256I or
256J are subject to the requirements of this chapter, unless otherwise
specified or exempted.
Sec. 32. [256P.01]
DEFINITIONS.
Subdivision
1. Scope. For purposes of this chapter, the
terms defined in this section have the meanings given them.
Subd. 2. Agency. "Agency" means any county,
federally recognized Indian tribe, or multicounty social services
collaboratives.
Subd. 3. Earned
income. "Earned
income" means cash or in-kind income earned through the receipt of wages,
salary, commissions, profit from employment activities, net profit from
self-employment activities, payments made by an employer for regularly accrued
vacation or sick leave, and any other profit from activity earned through
effort or labor. The income must be in
return for, or as a result of, legal activity.
Subd. 4. Earned
income disregard. "Earned
income disregard" means earned income that is not counted according to
section 256P.03 when determining eligibility and calculating the amount of the
assistance payment.
Subd. 5. Equity
value. "Equity
value" means the amount of equity in personal property owned by a person
and is determined by subtracting any outstanding encumbrances from the fair
market value of the personal property.
Subd. 6. Personal
property. "Personal
property" means an item of value that is not real property.
Subd. 7. Self-employment. "Self-employment" means
employment by an individual who:
(1) incurs costs in producing income
and deducts these costs in order to equate the individual's income with income
from sources where there are no production costs; and
(2)
controls the individual's work by working either independently of an employer
or freelance, or by running the business; or
(3) pays self-employment taxes.
Sec. 33. [256P.02]
PERSONAL PROPERTY LIMITATIONS.
Subdivision 1. Property
ownership. (a) The agency
must apply paragraphs (b) to (e) to determine the value of personal property. The agency must use the equity value of
legally available personal property to determine whether an applicant or
participant is eligible for assistance.
(b) When personal property is jointly
owned by two or more persons, the agency shall assume that each person owns an
equal share, except that either person owns the entire sum of a joint personal
checking or savings account. When an
applicant or participant documents greater or lesser ownership, the agency must
use that greater or lesser share to determine the equity value held by the
applicant or participant. Other types of
ownership must be evaluated according to law.
(c) Personal property owned by the
applicant or participant must be presumed legally available to the applicant or
participant unless the applicant or participant documents that the property is
not legally available to the applicant or participant. When personal property is not legally
available, its equity value must not be applied against the limits of
subdivision 2.
(d) An applicant must disclose whether
the applicant has transferred personal property valued in excess of the
property limits in subdivision 2 for which reasonable compensation was not
received within one year prior to application.
A participant must disclose all transfers of property valued in excess
of these limits, according to the reporting requirements in section 256J.30,
subdivision 9. When a transfer of
personal property without reasonable compensation has occurred:
(1) the person who transferred the
property must provide the property's description, information needed to
determine the property's equity value, the names of the persons who received
the property, and the circumstances of and reasons for the transfer; and
(2) when the transferred property can be
reasonably reacquired, or when reasonable compensation can be secured, the
property is presumed legally available to the applicant or participant.
(e) A participant may build the equity
value of personal property to the limits in subdivision 2.
Subd. 2. Personal
property limitations. (a) The
equity value of an assistance unit's personal property listed in clauses (1) to
(4) must not exceed $10,000 for applicants and participants. For purposes of this subdivision, personal
property is limited to:
(1) cash;
(2) bank accounts;
(3) liquid stocks and bonds that can be
readily accessed without a financial penalty; and
(4) vehicles not excluded under
subdivision 3.
Subd. 3. Vehicle
exception. One vehicle per
assistance unit member age 16 or older shall be excluded when determining the
equity value of personal property. If
the assistance unit owns more than one vehicle per assistance unit member age
16 or older, the agency shall determine the trade-in values of all additional
vehicles and apply the
values
to the personal property limitations in subdivision 2. To establish the trade-in values of vehicles,
an agency must use the National Automobile Dealers Association online car
values and car prices guide. When a
vehicle is not listed in the online guide, or when the applicant or participant
disputes the trade-in value listed in the online guide as unreasonable given
the condition of the particular vehicle, the agency may require the applicant
or participant to document the trade-in value by securing a written statement
from a motor vehicle dealer licensed under section 168.27, stating the amount
that the dealer would pay to purchase the vehicle. The agency shall reimburse the applicant or
participant for the cost of a written statement that documents a lower loan
value.
EFFECTIVE
DATE. This section is
effective June 1, 2016.
Sec. 34. [256P.03]
EARNED INCOME DISREGARD.
Subdivision 1. Exempted
programs. Participants who
qualify for Minnesota supplemental aid under chapter 256D and for group
residential housing under chapter 256I on the basis of eligibility for Supplemental
Security Income are exempt from this section.
Subd. 2. Earned
income disregard. The agency
shall disregard the first $65 of earned income plus one-half of the remaining
earned income per month.
EFFECTIVE
DATE. This section is
effective October 1, 2015.
Sec. 35. [256P.04]
DOCUMENTING, VERIFYING, AND RECERTIFYING ELIGIBILITY.
Subdivision 1. Exemption. Participants who receive Minnesota
supplemental aid and who maintain Supplemental Security Income eligibility
under chapters 256D and 256I are exempt from the reporting requirements of this
section, except that the policies and procedures for transfers of assets are
those used by the medical assistance program under section 256B.0595.
Subd. 2. Verification
of information. An agency
must only require verification of information necessary to determine
eligibility and the amount of the assistance payment. If necessary, the agency shall assist the
applicant or participant in obtaining verifications and required documents when
the applicant or participant is unable to do so.
Subd. 3. Documentation. The applicant or participant must
document the information required under subdivisions 4 to 7 or authorize the
agency to verify the information. The
applicant or participant has the burden of providing documentary evidence to
verify eligibility. The agency must
accept a signed personal statement from the applicant or participant when
determining personal property values under section 256P.02. The signed personal statement must include
general penalty warnings and a disclaimer that any false or misrepresented
information is subject to prosecution for fraud under sections 609.52 and
609.821 and perjury under section 609.48.
Subd. 4. Factors
to be verified. (a) The
agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine
eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support
payments made to persons outside the household;
(6)
vehicles;
(7) checking and savings accounts;
(8) inconsistent information, if
related to eligibility;
(9) residence; and
(10) Social Security number.
(b) Applicants who are qualified
noncitizens and victims of domestic violence as defined under section 256J.08,
subdivision 73, clause (7), are not required to verify the information in
paragraph (a), clause (10). When a
Social Security number is not provided to the agency for verification, this
requirement is satisfied when each member of the assistance unit cooperates
with the procedures for verification of Social Security numbers, issuance of
duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.
Subd. 5. MFIP-only
verifications. In addition to
subdivision 4, the agency shall verify the following for programs under chapter
256J:
(1) the presence of the minor child in
the home, if questionable;
(2) the relationship of a minor child
to caregivers in the assistance unit;
(3) pregnancy, if related to
eligibility;
(4) school attendance, if related to
eligibility;
(5)
a claim of family violence, if used as a basis to qualify for the family
violence waiver under chapter 256J; and
(6) disability, if used as the basis
for reducing the hourly participation requirements under section 256J.55,
subdivision 1, or for the type of activity included in an employment plan under
section 256J.521, subdivision 2.
Subd. 6. Personal
property inconsistent information. If
there is inconsistent information known to the agency when reporting personal
property under section 256P.02, an agency must require the applicant or
participant to document the information required under section 256P.02 or
authorize the county agency to verify the information. The applicant or participant has the burden
of providing documentary evidence to verify eligibility. The agency shall assist the applicant or
participant in obtaining required documents when the applicant or participant
is unable to do so.
Subd. 7. Documenting
and verifying inconsistent information.
When the agency verifies inconsistent information under
subdivision 4, paragraph (a), clause (8); subdivision 6; or subdivision 8,
clause (3), the reason for verifying the information must be documented in the
financial case record.
Subd. 8. Recertification. The agency shall recertify eligibility
in an annual interview with the participant.
The interview may be conducted by telephone, by Internet telepresence,
or face-to-face in the county office or in another location mutually agreed
upon. A participant must be given the
option of a telephone interview or Internet telepresence to recertify
eligibility. During the interview, the
agency shall verify the following:
(1) income, unless excluded, including
self-employment earnings;
(2)
assets when the value is within $200 of the asset limit; and
(3) inconsistent information, if related
to eligibility.
Subd. 9. MFIP-only
recertification. In addition
to subdivision 8, the agency shall verify the following for programs under
chapter 256J:
(1) the presence of the minor child in
the home, if questionable; and
(2) whether a single-caregiver household
meets the requirements in section 256J.575, subdivision 3.
Subd. 10. Participant's
completion of form for recertification of eligibility. A participant must complete forms
prescribed by the commissioner which are required for recertification of
eligibility according to subdivisions 8 and 9.
An agency must end benefits when the participant fails to submit the
recertification form and verifications before the end of the certification
period. If the participant submits the
recertification form within 30 days of the termination of benefits, benefits
must be reinstated and made available retroactively for the full benefit month.
Subd. 11. Participant's
completion of household report form.
(a) When a participant is required to complete a household report
form, the following paragraphs apply.
(b) If the agency receives an incomplete
household report form, the agency must immediately return the incomplete form
and clearly state what the participant must do for the form to be complete.
(c) The automated eligibility system
must send a notice of proposed termination of assistance to the participant if
a complete household report form is not received by the agency. The automated notice must be mailed to the
participant by approximately the 16th of the month. When a participant submits an incomplete form
on or after the date a notice of proposed termination has been sent, the termination
is valid unless the participant submits a complete form before the end of the
month.
(d) The submission of a household report
form is considered to have continued the participant's application for
assistance if a complete household report form is received within a calendar
month after the month in which the form was due. Assistance shall be paid for the period
beginning with the first day of that calendar month.
(e) An agency must allow good cause
exemptions for a participant required to complete a household report form when
any of the following factors cause a participant to fail to submit a completed
household report form before the end of the month in which the form is due:
(1) an employer delays completion of
employment verification;
(2) the agency does not help a
participant complete the household report form when the participant asks for
help;
(3) a participant does not receive a
household report form due to a mistake on the part of the department or the
agency or a reported change in address;
(4) a participant is ill or physically
or mentally incapacitated; or
(5) some other circumstance occurs that
a participant could not avoid with reasonable care which prevents the
participant from providing a completed household report form before the end of
the month in which the form is due.
Subd. 12. Contacting
third parties. An agency must
not request information about an applicant or participant that is not of public
record from a source other than agencies, the department, or the United States
Department of Health and Human Services without the applicant's or
participant's prior written consent. An
applicant's signature
on
an application form constitutes consent for contact with the sources specified
on the application. An agency may use a
single consent form to contact a group of similar sources, such as banks or
insurance agencies, but the sources to be contacted must be identified by the
agency prior to requesting an applicant's consent.
Subd. 13. Notice
to undocumented persons; release of private data. Agencies, in consultation with the
commissioner of human services, shall provide notification to undocumented
persons regarding the release of personal data to the United States Citizenship
and Immigration Services and develop protocols regarding the release or sharing
of data about undocumented persons with the United States Citizenship and
Immigration Services as required under sections 404, 411A, and 434 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Subd. 14. Requirement
to report to United States Citizenship and Immigration Services. The commissioner shall comply with the
reporting requirements under United States Code, title 42, section 611a, and
any federal regulation or guidance adopted under that law.
Subd. 15. Personal
statement. The agency may
accept a signed personal statement from the applicant or participant explaining
the reasons that the documentation requested in subdivision 3 is unavailable as
sufficient documentation at the time of application, recertification, or change
related to eligibility only for the following factors:
(1) a claim of family violence, if used
as a basis to qualify for the family violence waiver;
(2) relationship of a minor child to
caregivers in the assistance unit;
(3) citizenship status from a
noncitizen who reports to be, or is identified as, a victim of severe forms of
trafficking in persons, if the noncitizen reports that the noncitizen's
immigration documents are being held by an individual or group of individuals
against the noncitizen's will. The
noncitizen must follow up with the Office of Refugee Resettlement (ORR) to
pursue certification. If verification
that certification is being pursued is not received within 30 days, the case
must be closed and the agency shall pursue overpayments. The ORR documents certifying the noncitizen's
status as a victim of severe forms of trafficking in persons, or the reason for
the delay in processing, must be received within 90 days, or the case must be
closed and the agency shall pursue overpayments; and
(4) other documentation unavailable for
reasons beyond the control of the applicant or participant. The applicant or participant must have made
reasonable attempts to obtain the documents requested under subdivision 3.
Subd. 16. Excluded
resources. Payments of funds
made according to litigation and subsequent appropriation by the United States
Congress to compensate members of Indian tribes for the taking of tribal lands
by the federal government are excluded.
EFFECTIVE
DATE. This section is
effective February 1, 2015.
Sec. 36. [256P.05]
SELF-EMPLOYMENT EARNINGS.
Subdivision 1. Exempted
programs. Participants who
qualify for Minnesota supplemental aid under chapter 256D and for group
residential housing under chapter 256I on the basis of eligibility for
Supplemental Security Income are exempt from this section.
Subd. 2. Self-employment
income determinations. An
agency must determine self-employment income, which is either:
(1) one-half of gross earnings from
self-employment; or
(2)
taxable income as determined from an Internal Revenue Service tax form that has
been filed with the Internal Revenue Service within the last year. A 12-month average using net taxable income
shall be used to budget monthly income.
Subd. 3. Self-employment
budgeting. (a) The
self-employment budget period begins in the month of application or in the
first month of self-employment. Applicants
and participants must choose one of the methods described in subdivision 2 for
determining self-employment earned income.
(b) Applicants and participants who
elect to use taxable income as described in subdivision 2, clause (2), to
determine self-employment income must continue to use this method until
recertification, unless there is an unforeseen significant change in gross
income equaling a decline in gross income of the amount equal to or greater
than the earned income disregard as defined in section 256P.03 from the income
used to determine the benefit for the current month.
(c) For applicants and participants who
elect to use one-half of gross earnings as described in subdivision 2, clause
(1), to determine self-employment income, earnings must be counted as income in
the month received.
EFFECTIVE
DATE. This section is effective
February 1, 2015.
Sec. 37. REPEALER.
(a) Minnesota Statutes 2012, sections
256J.08, subdivisions 55a and 82a; and 256J.24, subdivision 9, are repealed
effective January 1, 2015.
(b) Minnesota Statutes 2012, sections
256D.405, subdivisions 1a and 2; 256J.08, subdivision 42; and 256J.32,
subdivisions 2, 3, 4, 5a, 6, 7, 7a, and 8, are repealed effective February 1,
2015.
(c) Minnesota Statutes 2012, section
256D.06, subdivision 1b, is repealed effective October 1, 2015.
(d) Minnesota Statutes 2013 Supplement,
section 256J.08, subdivision 24, is repealed effective October 1, 2015.
(e) Minnesota Statutes 2012, sections
256D.08, subdivision 2; and 256J.20, are repealed effective June 1, 2016.
ARTICLE 29
CHEMICAL AND MENTAL HEALTH
Section 1. Minnesota Statutes 2012, section 245.466, is amended by adding a subdivision to read:
Subd. 3a. Transition
plan related to termination of contract.
Counties must prepare a transition plan that provides for
continuity of care in the event of contract termination with a community mental
health center under section 245.715, or a community support services program
under section 245.462, subdivision 6. The
county shall provide at least 90 days' notice of the termination to the
contracted agency and the commissioner of human services. The transition plan must provide information
to clients on how to access medical records and how to transfer to other
providers.
Sec. 2. Minnesota Statutes 2012, section 245A.04, is amended by adding a subdivision to read:
Subd. 15a. Plan
for transfer of clients and records upon closure. (a) Except for child care providers,
an applicant for initial or continuing licensure must submit a written plan
indicating how the agency will provide for the transfer of clients and records
for both open and closed cases if the agency closes. The plan must provide for managing private
and confidential information concerning agency clients. The plan must also provide for notifying
affected clients of the closure at least 25 days prior to closure, including
information on how to access their medical records. A controlling individual of the agency must
annually review and sign the plan.
(b)
Plans for the transfer of open cases and case records must specify arrangements
the agency will make to transfer clients to another agency or county agency for
continuation of services and to transfer the case record with the client.
(c) Plans for the transfer of closed
case records must be accompanied by a signed agreement or other documentation
indicating that a county or a similarly licensed agency has agreed to accept
and maintain the agency's closed case records and to provide follow-up services
as necessary to affected clients.
Sec. 3. Minnesota Statutes 2012, section 253B.066, subdivision 1, is amended to read:
Subdivision 1. Treatment alternatives. If the court orders early intervention under section 253B.065, subdivision 5, the court may include in its order a variety of treatment alternatives including, but not limited to, day treatment, medication compliance monitoring, assertive community treatment, crisis assessment and stabilization, partial hospitalization, and short-term hospitalization not to exceed 21 days.
If the court orders short-term hospitalization and the proposed patient will not go voluntarily, the court may direct a health officer, peace officer, or other person to take the person into custody and transport the person to the hospital.
Sec. 4. Minnesota Statutes 2012, section 254B.12, is amended to read:
254B.12
RATE METHODOLOGY.
Subdivision 1. CCDTF rate methodology established. The commissioner shall establish a new rate methodology for the consolidated chemical dependency treatment fund. The new methodology must replace county-negotiated rates with a uniform statewide methodology that must include a graduated reimbursement scale based on the patients' level of acuity and complexity. At least biennially, the commissioner shall review the financial information provided by vendors to determine the need for rate adjustments.
Subd. 2. Payment
methodology for highly specialized vendors.
(a) Notwithstanding subdivision 1, the commissioner shall seek
federal authority to develop separate payment methodologies for chemical
dependency treatment services provided under the consolidated chemical
dependency treatment fund: (1) by a
state-operated vendor; or (2) for persons who have been civilly committed to
the commissioner, present the most complex and difficult care needs, and are a
potential threat to the community. A
payment methodology under this subdivision is effective for services provided
on or after October 1, 2015, or on or after the receipt of federal approval,
whichever is later.
(b) Before implementing an approved
payment methodology under paragraph (a), the commissioner must also receive any
necessary legislative approval of required changes to state law or funding.
Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship requirements. (a) Eligibility for medical assistance is limited to citizens of the United States, qualified noncitizens as defined in this subdivision, and other persons residing lawfully in the United States. Citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August 22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation.
(d) Beginning December 1, 1996, qualified noncitizens who entered the United States on or after August 22, 1996, and who otherwise meet the eligibility requirements of this chapter are eligible for medical assistance with federal participation for five years if they meet one of the following criteria:
(1) refugees admitted to the United States according to United States Code, title 8, section 1157;
(2) persons granted asylum according to United States Code, title 8, section 1158;
(3) persons granted withholding of deportation according to United States Code, title 8, section 1253(h);
(4) veterans of the United States armed forces with an honorable discharge for a reason other than noncitizen status, their spouses and unmarried minor dependent children; or
(5) persons on active duty in the United States armed forces, other than for training, their spouses and unmarried minor dependent children.
Beginning July 1, 2010, children and pregnant women who are noncitizens described in paragraph (b) or who are lawfully present in the United States as defined in Code of Federal Regulations, title 8, section 103.12, and who otherwise meet eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation as provided by the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3.
(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8, section 1101(a)(15).
(f) Payment shall also be made for care and services that are furnished to noncitizens, regardless of immigration status, who otherwise meet the eligibility requirements of this chapter, if such care and services are necessary for the treatment of an emergency medical condition.
(g) For purposes of this subdivision, the term "emergency medical condition" means a medical condition that meets the requirements of United States Code, title 42, section 1396b(v).
(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment of an emergency medical condition are limited to the following:
(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;
(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and
(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.
(2) Services for the treatment of emergency medical conditions do not include:
(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;
(ii) organ transplants, stem cell transplants, and related care;
(iii) services for routine prenatal care;
(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;
(v) elective surgery;
(vi) outpatient prescription drugs, unless the drugs are administered or dispensed as part of an emergency room visit;
(vii) preventative health care and family planning services;
(viii) rehabilitation services;
(ix) physical, occupational, or speech therapy;
(x) transportation services;
(xi) case management;
(xii) prosthetics, orthotics, durable medical equipment, or medical supplies;
(xiii) dental services;
(xiv) hospice care;
(xv) audiology services and hearing aids;
(xvi) podiatry services;
(xvii) chiropractic services;
(xviii) immunizations;
(xix) vision services and eyeglasses;
(xx) waiver services;
(xxi) individualized education programs; or
(xxii) chemical dependency treatment.
(i) Pregnant noncitizens who are ineligible for federally funded medical assistance because of immigration status, are not covered by a group health plan or health insurance coverage according to Code of Federal Regulations, title 42, section 457.310, and who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance through the period of pregnancy, including labor and delivery, and 60 days postpartum, to the extent federal funds are available under title XXI of the Social Security Act, and the state children's health insurance program.
(j) Beginning October 1, 2003, persons who
are receiving care and rehabilitation services from a nonprofit center
established to serve victims of torture and are otherwise ineligible for
medical assistance under this chapter are eligible for medical assistance
without federal financial participation.
These individuals are eligible only for the period during which they are
receiving services from the center. Individuals
eligible under this paragraph shall not be required to participate in prepaid
medical assistance. The nonprofit
center referenced under this paragraph may establish itself as a provider of
mental health targeted case management services through a county contract under
section 256.0112, subdivision 6. If the
nonprofit center is unable to secure a contract with a lead county in its
service area, then, notwithstanding the requirements of section 256B.0625,
subdivision 20, the commissioner may negotiate a contract with the nonprofit
center for provision of mental health targeted case management services. When serving clients who are not the
financial responsibility of their contracted lead county, the nonprofit center
must gain the concurrence of the county of financial responsibility prior to
providing mental health targeted case management services for those clients.
(k) Notwithstanding paragraph (h), clause (2), the following services are covered as emergency medical conditions under paragraph (f) except where coverage is prohibited under federal law:
(1) dialysis services provided in a hospital or freestanding dialysis facility; and
(2) surgery and the administration of chemotherapy, radiation, and related services necessary to treat cancer if the recipient has a cancer diagnosis that is not in remission and requires surgery, chemotherapy, or radiation treatment.
(l) Effective July 1, 2013, recipients of emergency medical assistance under this subdivision are eligible for coverage of the elderly waiver services provided under section 256B.0915, and coverage of rehabilitative services provided in a nursing facility. The age limit for elderly waiver services does not apply. In order to qualify for coverage, a recipient of emergency medical assistance is subject to the assessment and reassessment requirements of section 256B.0911. Initial and continued enrollment under this paragraph is subject to the limits of available funding.
Sec. 6. Minnesota Statutes 2012, section 256B.0615, subdivision 3, is amended to read:
Subd. 3. Eligibility. Peer support services may be made
available to consumers of (1) the intensive rehabilitative mental health
services under section 256B.0622; (2) adult rehabilitative mental health
services under section 256B.0623; and (3) crisis stabilization and mental
health mobile crisis intervention services under section 256B.0624.
Sec. 7. Minnesota Statutes 2012, section 256B.0624, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Mental health crisis" is an adult behavioral, emotional, or psychiatric situation which, but for the provision of crisis response services, would likely result in significantly reduced levels of functioning in primary activities of daily living, or in an emergency situation, or in the placement of the recipient in a more restrictive setting, including, but not limited to, inpatient hospitalization.
(b) "Mental health emergency" is an adult behavioral, emotional, or psychiatric situation which causes an immediate need for mental health services and is consistent with section 62Q.55.
A mental health crisis or emergency is determined for medical assistance service reimbursement by a physician, a mental health professional, or crisis mental health practitioner with input from the recipient whenever possible.
(c) "Mental health crisis
assessment" means an immediate face-to-face assessment by a physician, a
mental health professional, or mental health practitioner under the clinical
supervision of a mental health professional, following a screening that suggests
that the adult may be experiencing a mental health crisis or mental health
emergency situation. It includes,
when feasible, assessing whether the person might be willing to voluntarily
accept treatment, determining whether the person has an advance directive, and
obtaining information and history from involved family members or caretakers.
(d) "Mental health mobile crisis
intervention services" means face-to-face, short-term intensive mental
health services initiated during a mental health crisis or mental health
emergency to help the recipient cope with immediate stressors, identify and
utilize available resources and strengths, engage in voluntary treatment,
and begin to return to the recipient's baseline level of functioning. The services, including screening and
treatment plan recommendations, must be culturally and linguistically
appropriate.
(1) This service is provided on site by a mobile crisis intervention team outside of an inpatient hospital setting. Mental health mobile crisis intervention services must be available 24 hours a day, seven days a week.
(2) The initial screening must consider other available services to determine which service intervention would best address the recipient's needs and circumstances.
(3) The mobile crisis intervention team must be available to meet promptly face-to-face with a person in mental health crisis or emergency in a community setting or hospital emergency room.
(4) The intervention must consist of a mental health crisis assessment and a crisis treatment plan.
(5) The team must be available to
individuals who are experiencing a co-occurring substance use disorder, who do
not need the level of care provided in a detoxification facility.
(5) (6) The treatment plan
must include recommendations for any needed crisis stabilization services for
the recipient, including engagement in treatment planning and family
psychoeducation.
(e)
"Mental health crisis stabilization services" means individualized
mental health services provided to a recipient following crisis intervention
services which are designed to restore the recipient to the recipient's prior
functional level. Mental health crisis
stabilization services may be provided in the recipient's home, the home of a
family member or friend of the recipient, another community setting, or a
short-term supervised, licensed residential program. Mental health crisis stabilization does not
include partial hospitalization or day treatment. Mental health crisis stabilization
services includes family psychoeducation.
Sec. 8. Minnesota Statutes 2012, section 256B.0624, subdivision 5, is amended to read:
Subd. 5. Mobile crisis intervention staff qualifications. For provision of adult mental health mobile crisis intervention services, a mobile crisis intervention team is comprised of at least two mental health professionals as defined in section 245.462, subdivision 18, clauses (1) to (6), or a combination of at least one mental health professional and one mental health practitioner as defined in section 245.462, subdivision 17, with the required mental health crisis training and under the clinical supervision of a mental health professional on the team. The team must have at least two people with at least one member providing on-site crisis intervention services when needed. Team members must be experienced in mental health assessment, crisis intervention techniques, treatment engagement strategies, working with families, and clinical decision-making under emergency conditions and have knowledge of local services and resources. The team must recommend and coordinate the team's services with appropriate local resources such as the county social services agency, mental health services, and local law enforcement when necessary.
Sec. 9. Minnesota Statutes 2012, section 256B.0624, subdivision 6, is amended to read:
Subd. 6. Crisis assessment and mobile intervention treatment planning. (a) Prior to initiating mobile crisis intervention services, a screening of the potential crisis situation must be conducted. The screening may use the resources of crisis assistance and emergency services as defined in sections 245.462, subdivision 6, and 245.469, subdivisions 1 and 2. The screening must gather information, determine whether a crisis situation exists, identify parties involved, and determine an appropriate response.
(b) If a crisis exists, a crisis assessment must be completed. A crisis assessment evaluates any immediate needs for which emergency services are needed and, as time permits, the recipient's current life situation, sources of stress, mental health problems and symptoms, strengths, cultural considerations, support network, vulnerabilities, current functioning, and the recipient's preferences as communicated directly by the recipient, or as communicated in a health care directive as described in chapters 145C and 253B, the treatment plan described under paragraph (d), a crisis prevention plan, or a wellness recovery action plan.
(c) If the crisis assessment determines mobile crisis intervention services are needed, the intervention services must be provided promptly. As opportunity presents during the intervention, at least two members of the mobile crisis intervention team must confer directly or by telephone about the assessment, treatment plan, and actions taken and needed. At least one of the team members must be on site providing crisis intervention services. If providing on-site crisis intervention services, a mental health practitioner must seek clinical supervision as required in subdivision 9.
(d) The mobile crisis intervention team must develop an initial, brief crisis treatment plan as soon as appropriate but no later than 24 hours after the initial face-to-face intervention. The plan must address the needs and problems noted in the crisis assessment and include measurable short-term goals, cultural considerations, and frequency and type of services to be provided to achieve the goals and reduce or eliminate the crisis. The treatment plan must be updated as needed to reflect current goals and services.
(e) The team must document which short-term goals have been met and when no further crisis intervention services are required.
(f)
If the recipient's crisis is stabilized, but the recipient needs a referral to
other services, the team must provide referrals to these services. If the recipient has a case manager, planning
for other services must be coordinated with the case manager. If the recipient is unable to follow up on
the referral, the team must link the recipient to the service and follow up to
ensure the recipient is receiving the service.
(g) If the recipient's crisis is
stabilized and the recipient does not have an advance directive, the case
manager or crisis team shall offer to work with the recipient to develop one.
Sec. 10. Minnesota Statutes 2012, section 256B.0624, subdivision 10, is amended to read:
Subd. 10. Recipient file. Providers of mobile crisis intervention or crisis stabilization services must maintain a file for each recipient containing the following information:
(1) individual crisis treatment plans signed by the recipient, mental health professional, and mental health practitioner who developed the crisis treatment plan, or if the recipient refused to sign the plan, the date and reason stated by the recipient as to why the recipient would not sign the plan;
(2) signed release forms;
(3) recipient health information and current medications;
(4) emergency contacts for the recipient;
(5) case records which document the date of service, place of service delivery, signature of the person providing the service, and the nature, extent, and units of service. Direct or telephone contact with the recipient's family or others should be documented;
(6) required clinical supervision by mental health professionals;
(7) summary of the recipient's case
reviews by staff; and
(8) any written information by the
recipient that the recipient wants in the file; and
(9) an advance directive, if there is one available.
Documentation in the file must comply with all requirements of the commissioner.
Sec. 11. Minnesota Statutes 2012, section 256I.05, subdivision 2, is amended to read:
Subd. 2. Monthly
rates; exemptions. The maximum
group residential housing rate does not apply This subdivision applies
to a residence that on August 1, 1984, was licensed by the commissioner of
health only as a boarding care home, certified by the commissioner of health as
an intermediate care facility, and licensed by the commissioner of human
services under Minnesota Rules, parts 9520.0500 to 9520.0690. Notwithstanding the provisions of subdivision
1c, the rate paid to a facility reimbursed under this subdivision shall be
determined under section 256B.431, or under section 256B.434 if the facility is
accepted by the commissioner for participation in the alternative payment
demonstration project. The rate paid
to this facility shall also include adjustments to the group residential
housing rate according to subdivision 1, and any adjustments applicable to
supplemental service rates statewide.
Sec. 12. DIRECTION
TO COMMISSIONER; REPORT ON PROGRAM WAITING LISTS.
In preparing background materials for
the 2016-2017 biennium, the commissioner of human services shall prepare a
listing of all of the waiting lists for services that the department oversees
and directs. The listing shall identify
the number of persons on those waiting lists as of October 1, 2014, and an
estimate of the cost of serving them based on current average costs. The commissioner is encouraged to engage
postsecondary students in the assembly, analysis, and reporting of this
information. The information shall be
provided to the governor, the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy
and finance, and the Legislative Reference Library in electronic form by
December 1, 2014.
Sec. 13. MENTALLY
ILL OFFENDERS ARRESTED OR SUBJECT TO ARREST; WORKING GROUP.
Subdivision 1. Working
group established; study and draft legislation required. The commissioner of human services may
convene a working group to address issues related to offenders with mental
illness who are arrested or subject to arrest.
The working group shall consider the special needs of these offenders
and determine how best to provide for these needs. Specifically, the group shall consider the
efficacy of a facility that would serve as a central point for accepting,
assessing, and addressing the needs of offenders with mental illness brought in
by law enforcement as an alternative to arrest or following arrest. The facility would consolidate and coordinate
existing resources as well as offer new resources that would provide a
continuum of care addressing the immediate, short-term, and long-term needs of
these offenders. The facility would do
the following for these offenders: perform
timely, credible, and useful mental health assessments; identify community
placement opportunities; coordinate community care; make recommendations
concerning pretrial release when appropriate; and, in some cases, provide
direct services to offenders at the facility or in nearby jails. The working group shall establish criteria to
determine which offenders may be admitted to the facility. The facility would be located in the
metropolitan region and serve the needs of nearby counties. The facility would represent a partnership
between the state, local units of government, and the private sector. In addition, the working group may consider
how similar facilities could function in outstate areas. When studying this issue, the working group
shall examine what other states have done in this area to determine what
programs have been successful and use those programs as models in developing
the program in Minnesota. The working
group may also study and make recommendations on other ways to improve the
process for addressing and assisting these offenders. The commissioner shall enter into an
agreement with NAMI Minnesota to carry out the work of the working group.
Subd. 2. Membership. The commissioner shall ensure that the
working group has expertise and a broad range of interests represented,
including, but not limited to: prosecutors;
law enforcement, including jail staff; correctional officials; community
corrections staff; probation officials; criminal defense attorneys; judges;
county and city officials; mental health advocates; mental health
professionals; and hospital and health care officials.
Subd. 3. Administrative
issues. (a) The commissioner
shall convene the first meeting of the working group by September 1, 2014. NAMI Minnesota shall provide meeting space
and administrative support to the working group. The working group shall select a chair from
among its members.
(b) The commissioner may solicit in-kind
support from work group member agencies to accomplish its assigned duties.
Subd. 4. Report
required. By January 1, 2015,
the working group shall submit a report to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
having jurisdiction over human services and public safety. The report must summarize the working group's
activities and include its recommendations and draft legislation. The recommendations must be specific and
include estimates of the costs involved in implementing the recommendations,
including the funding sources that might be used to pay for it. The working group shall explore potential
funding sources at the federal, local, and private levels, and provide this
information in the report. In addition,
the report must include draft legislation to implement the recommendations.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. DETOXIFICATION
SERVICES PLAN.
The commissioner of human services shall
develop a plan to include detoxification services as a covered medical
assistance benefit and present the plan to the members of the legislative
committees having jurisdiction over health and human services provisions and
funding by December 15, 2014.
Sec. 15. REPORT
ON RATE SETTING METHODOLOGY FOR MENTAL HEALTH SERVICES.
The commissioner of human services shall
provide a report to the chairs of the Health and Human Services Finance
Division by February 1, 2015, that assesses the current rate setting
methodology for intensive residential treatment services (IRTS), adult crisis,
and assertive community treatment (ACT).
The report will include an assessment of alternative payment structures
consistent with the intent and direction of the federal centers for Medicare
and Medicaid services which could provide adequate reimbursement to sustain
community-based mental health services regardless of geographic location. Stakeholders will be included in the
development of the report and the report will also include concerns regarding
payment rates for other mental health services that may require further
analysis in the future.
ARTICLE 30
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. HEALTH
AND HUMAN SERVICES APPROPRIATIONS.
|
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, subtracted
from the appropriations in Laws 2013, chapter 108, articles 14 and 15, to the
agencies and for the purposes specified in this article. The appropriations are from the general fund
and are available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year
ending June 30, 2014, or June 30, 2015, respectively. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2014, are effective the day
following final enactment unless a different effective date is explicit.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the
Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2014 |
2015 |
Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
(2,120,000) |
|
105,844,000 |
Appropriations
by Fund |
||
General |
(2,120,000)
|
104,944,000
|
Federal TANF |
-0-
|
900,000
|
The appropriation modifications for each
purpose are shown in the following subdivisions.
Subd. 2. Central
Office Operations |
|
|
|
|
(a) Operations |
|
-0-
|
|
99,000
|
Base
adjustment. The general fund
base is increased by $112,000 in fiscal year 2016 and decreased by $45,000 in
fiscal year 2017.
(b)
Health Care |
|
-0-
|
|
113,000
|
Base
adjustment. The general fund
base is increased by $112,000 in fiscal years 2016 and 2017.
(c) Continuing Care |
|
-0-
|
|
2,668,000
|
Autism
resource Web site. $769,000
is for the development of an interagency Web site with autism-related resources
for children and adults with autism spectrum disorder, their family members,
and other interested parties. The
commissioners of education, employment and economic development, and health are
requested to provide technical assistance to the commissioner in the
development of the Web site in order to consolidate autism-related resources
that are under the jurisdiction of affected agencies, and any other related
resources of which the agencies are aware, in an effort to provide a
comprehensive intra-agency Web site for interested users. This is a onetime appropriation and expires
on June 30, 2017.
Base
adjustment. The general fund
base is decreased by $2,220,000 in fiscal year 2016 and $2,362,000 in fiscal
year 2017.
(d) Chemical and Mental Health |
|
-0-
|
|
115,000
|
Base
adjustment. The general fund
base is decreased by $115,000 in fiscal years 2016 and 2017.
Subd. 3. Forecasted
Programs |
|
|
|
|
(a) MFIP/DWP |
|
|
|
|
Appropriations
by Fund |
||
General |
-0-
|
122,000
|
Federal TANF |
-0-
|
548,000
|
(b) General Assistance |
|
-0-
|
|
21,000
|
(c) Group Residential Housing |
|
-0-
|
|
681,000
|
(d) Medical Assistance |
|
(2,930,000)
|
|
77,863,000
|
Critical
access nursing facilities. $1,500,000
in fiscal year 2015 is for critical access nursing facilities under Minnesota
Statutes, section 256.441, subdivision 63.
Base
adjustment. The health care access
fund base for medical assistance is $221,035,000 in fiscal year 2016 and
$221,035,000 in fiscal year 2017.
(e) Alternative Care |
|
-0- |
|
965,000 |
Subd. 4. Grant
Programs |
|
|
|
|
(a) Children's Services Grants |
|
-0-
|
|
(3,000)
|
Base
adjustment. The general fund
base is increased by $9,000 in fiscal year 2017.
(b) Child and Economic Support Grants |
|
-0-
|
|
1,526,000
|
Stearns
County. $26,000 in fiscal
year 2015 is for a grant to Stearns County to provide administrative funding to
support a group residential housing services provider serving veterans in
Stearns County. This is a onetime
appropriation.
Safe
harbor. $500,000 in fiscal
year 2015 from the general fund is for housing and supportive services for
sexually exploited youth.
Homeless
youth. $1,000,000 in fiscal
year 2015 is for purposes of Minnesota Statutes, section 256K.45.
Base
adjustment. The general fund
base is decreased by $26,000 in fiscal years 2016 and 2017.
(c) Aging and Adult Services Grants |
|
(15,000)
|
|
1,212,000
|
Senior
nutrition. $250,000 in fiscal
year 2015 from the general fund is for congregate dining services under
Minnesota Statutes, section 256.9752. This
is a onetime appropriation.
Base
adjustment. The general fund
base is decreased by $5,000 in fiscal year 2016 and is increased by $8,000 in
fiscal year 2017.
(d) Deaf and Hard-of-Hearing Grants |
|
-0-
|
|
81,000
|
Base
adjustment. The general fund
base is increased by $9,000 in fiscal years 2016 and 2017.
(e) Disabilities Grants |
|
-0-
|
|
1,548,000
|
Autism
respite services development. $2,500,000
in fiscal year 2015 is to establish service development grants for in-home and
out-of-home respite for children and adults with autism spectrum disorder. In developing out-of-home respite services,
the commissioner may authorize exceptions to the licensing moratorium in
Minnesota Statutes, section 245A.03, subdivision 7, of up to eight beds. This is a onetime appropriation and expires
on June 30, 2017.
HIV grants. The general fund appropriation for the HIV drug
and insurance grant program is reduced by $2,219,000 in fiscal year 2015. This reduction is onetime and must not be
applied to the base.
Services
for individuals living with HIV/AIDS.
The commissioner shall work with community stakeholders, including
the HIV Planning Council, to identify gaps in services for individuals living
with HIV/AIDS and, within allowable state and federal law and guidelines,
develop and implement a plan to use funds in the ADAP drug rebates special
revenue account to enhance existing service levels and establish an amount to
retain in the account to ensure long-term stability of services. The commissioner shall report the results of
this work with stakeholders and the progress on implementing the plan to the
chairs and ranking minority members of the senate health and human services
finance division and the house of representatives health and human services finance committee by December 15, 2014.
Base
adjustment. The general fund
base is increased by $11,000 in fiscal year 2017.
(f) Adult Mental Health Grants |
|
-0-
|
|
-0-
|
Intensive
community rehabilitation services. The
commissioner shall continue to fund intensive community rehabilitation services
with existing funds through fiscal year 2015.
(g) CD Treatment Support Grants |
|
(175,000)
|
|
(175,000)
|
Subd. 5. State-Operated
Services |
|
|
|
|
(a) SOS Mental Health |
|
-0-
|
|
8,111,000
|
Online
training program. $35,000 in
fiscal year 2015 is to develop an online training program to promote better clarity
and interpretation of the civil commitment laws for interested individuals and
personnel, specifically county and hospital staff and mental health providers,
to understand, clarify, and interpret the Civil Commitment Act under Minnesota
Statutes, chapter 253B, as it pertains to persons with mental illnesses. The training must be developed in
collaboration with the ombudsman for mental health and developmental
disabilities, Minnesota County Attorneys Association, National Alliance on
Mental Illness of Minnesota, State Advisory Council on Mental Health, Mental
Health Consumer/Survivor Network of Minnesota, Mental Health Association,
Minnesota Psychiatric Society, Hennepin Commitment Defense Panel, Minnesota
Disability Law Center, Minnesota Association of Community Mental Health
Programs, Minnesota Hospital Association, and Minnesota Board of Public Defense. This is a onetime appropriation.
Base
adjustment. The general fund
base is increased by $178,000 in fiscal years 2016 and 2017.
(b) SOS Enterprise Services |
|
1,000,000 |
|
1,000,000 |
Community
Addiction Recovery Enterprise (C.A.R.E.) deficiency
(1) Notwithstanding Minnesota Statutes,
section 254B.06, subdivision 1, the commissioner shall transfer up to
$4,000,000, if available, in each of fiscal years 2014 and 2015 only from the
consolidated chemical dependency treatment fund administrative account in the
special revenue fund to the enterprise fund for the Community Addiction
Recovery Enterprise.
(2) $1,000,000 in fiscal year 2014 and
$1,000,000 in fiscal year 2015 from the general fund is for the C.A.R.E. program. The commissioner must transfer $1,000,000 in
fiscal year 2014 and $1,000,000 in fiscal year 2015 to the enterprise fund for
the Community Addiction Recovery Enterprise.
This is a onetime appropriation.
(3) Clauses (1) and (2) are effective the
day following final enactment.
Base
adjustment. The general fund
base is reduced by $1,000,000 in fiscal years 2016 and 2017.
(c) SOS Minnesota Security Hospital |
|
-0-
|
|
4,820,000
|
Subd. 6. Sex
Offender Program |
|
-0-
|
|
4,177,000
|
Court-ordered
experts. $3,000,000 in fiscal
year 2015 is for the commissioner to comply with the United States District
Court order of February 20, 2014, in the matter of Karsjens et al. v. Jesson et
al. For purposes of Minnesota Statutes,
section 246B.10, activities funded by this appropriation are not considered
part of the cost of care. This
appropriation is onetime and is available until June 30, 2017. This paragraph expires June 30, 2017.
Base
adjustment. The general fund
base is decreased by $4,177,000 in fiscal years 2016 and 2017.
Subd. 7. Technical
Activities |
|
-0-
|
|
352,000
|
This appropriation is from the federal TANF
fund.
Base
adjustment. The federal TANF
fund base is increased by $684,000 in fiscal year 2016 and $1,207,000 in fiscal
year 2017.
Subd. 8. Transfer
|
|
|
|
|
Supplemental
security interim assistance reimbursement funds. $642,000 in fiscal year 2015 and
$637,000 in fiscal year 2016 of uncommitted revenue available to the
commissioner of human services under Minnesota Statutes, section 256D.06, must
be transferred to and deposited into the general fund. This paragraph expires on June 30, 2016.
Sec. 3. COMMISSIONER
OF HEALTH. |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$767,000 |
|
$3,418,000 |
Appropriations
by Fund |
||
|
2014
|
2015
|
|
|
|
General |
950,000
|
3,611,000
|
State Government Special Revenue |
817,000
|
807,000
|
Health Care Access |
(1,000,000)
|
(1,000,000)
|
Subd. 2. Health
Improvement |
|
(25,000)
|
|
1,526,000
|
Health
equity grants. $501,000 in
fiscal year 2015 is for grants under Minnesota Statutes, section 145.928,
subdivision 8, except that grants are not limited to the conditions listed in
Minnesota Statutes, section 145.928, subdivision 8, paragraph (a), or for other
activities to address health equity issues, with an emphasis on refugee
populations. A portion of the funds must
be used to address health equity issues facing East African communities,
conduct a conference focused on mental health in immigrant and refugee
communities, and fund women's reproductive health and dementia outreach
projects. This is a onetime
appropriation and is available until expended.
The commissioner may use up to $10,000 to administer these grants.
Safe
harbor. $1,000,000 of the
general fund appropriation is for grants for comprehensive services, including
trauma-informed, culturally specific services, for youth who are sexually
exploited. The commissioner may use up
to $100,000 for the administration of these grants.
Base level adjustment. The general fund base is decreased by $551,000 in fiscal year 2016 and $501,000 in fiscal year 2017.
Subd. 3. Policy
Quality and Compliance |
|
|
|
|
Appropriations
by Fund |
||
General |
-0-
|
1,785,000
|
State Government Special Revenue |
-0-
|
159,000
|
Health Care Access |
(1,000,000)
|
(1,000,000)
|
Legislative
health care workforce commission. $75,000
in fiscal year 2015 is for the health care workforce commission in article 23,
section 9. This is a onetime
appropriation and expires on June 30, 2017. The commissioner may transfer part of this
appropriation to the Legislative Coordinating Commission to provide per diem
and expense reimbursements to health care workforce commission members.
Spoken
language health care interpreters. $81,000
in fiscal year 2015 from the state government special revenue fund is to
develop a proposal to promote health equity and quality health outcomes through
changes to laws governing spoken language health care interpreters. The commissioner shall consult with a broad
range of spoken language health care interpreters, including independent
contractors and those who speak rare languages, organizations that employ these
interpreters, organizations that pay for interpreter services, health care
providers who use interpreters, clients who use interpreters, community
organizations serving non-English-speaking populations, and other relevant
organizations including but not limited to Interpreter Agencies of Minnesota
and the Interpreters Stakeholder Group. The
commissioner shall draft legislation and submit a report that documents the
process followed and the rationale for the recommendations to the committees
with jurisdiction over health and human services by January 15, 2015. In drafting the legislation and report, the
commissioner must consider input received from individuals and organizations
consulted and must address issues related to:
(1) qualifications for spoken language
health care interpreters that assure quality service to health care providers
and their patients, considering differences for common and rare languages;
(2) methods to support the education and
skills development of spoken language health care interpreters serving
Minnesotans;
(3) the role of an advisory council in
maintaining a quality system for spoken language health care interpreting in
Minnesota;
(4) management of complaints regarding
spoken language health care interpreters, including investigation and
enforcement actions;
(5) an appropriate structure for oversight
of spoken language health care interpreters, including administrative and
technology requirements; and
(6) other issues that address
qualifications, quality, access, and affordability of spoken language
interpreter services.
This is a onetime appropriation.
Health care grants for uninsured individuals. (a) $100,000 of the general fund appropriation in
fiscal year 2015 is for dental provider grants in Minnesota Statutes, section
145.929, subdivision 1. The base for
this appropriation is $50,000 in fiscal years 2016 and 2017.
(b) $300,000 of the general fund
appropriation in fiscal year 2015 is for community mental health program grants
in Minnesota Statutes, section 145.929, subdivision 2. The base for this appropriation is $175,000
in fiscal years 2016 and 2017.
(c)
$1,000,000 of the general fund appropriation in fiscal year 2015 is for the
emergency medical assistance outlier grant program in Minnesota Statutes,
section 145.929, subdivision 3. The base
for this appropriation is $600,000 in fiscal years 2016 and 2017.
(d) $300,000 of the general fund
appropriation in fiscal year 2015 is for community health center grants under
Minnesota Statutes, section 145.9269. A
community health center that receives a grant from this appropriation is not
eligible for a grant under paragraph (b).
The base for this appropriation is $175,000 in fiscal years 2016 and
2017.
(e) The commissioner may use up to $20,000
of the appropriations for health care grants for uninsured individuals in
fiscal year 2015 and up to $10,000 in fiscal years 2016 and 2017 for grant
administration.
Base
level adjustment. The general
fund base is decreased by $775,000 in fiscal years 2016 and 2017. The state government special revenue fund
base is decreased by $77,000 in fiscal years 2016 and 2017.
Subd. 4. Health
Protection |
|
|
|
|
Appropriations
by Fund |
||
General |
0
|
300,000
|
State Government Special Revenue |
817,000
|
648,000
|
Healthy
housing grants. (a) $60,000
of the general fund appropriation in fiscal year 2015 is for lead poisoning
prevention and healthy homes activities under Minnesota Statutes, sections
144.9501 to 144.9513.
(b) $240,000 of the general fund
appropriation in fiscal year 2015 is for healthy housing implementation grants
under Minnesota Statutes, section 144.9513, subdivision 3. The commissioner is encouraged to
geographically balance the distribution of the grant funding between the
seven-county metropolitan area and nonmetropolitan communities.
Subd. 5. Administrative
Support Services |
|
975,000
|
|
-0-
|
Lawsuit
settlement. In fiscal year
2014, $975,000 from the general fund is a onetime appropriation for the cost of
settling the lawsuit Bearder v. State.
Sec. 4. BOARD
OF NURSING. |
|
$-0- |
|
$75,000 |
Chronic
pain therapies. $75,000 in
fiscal year 2015 from the state government special revenue fund is transferred
to the commissioner of health to gather data and complete a report on the
provision of chronic pain therapies by physicians, doctors of osteopathy, and
certified registered nurse anesthetists.
Sec. 5. OMBUDSMAN
FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES. |
$-0- |
|
$150,000 |
Sec. 6. Laws 2013, chapter 1, section 6, as amended by Laws 2013, chapter 108, article 6, section 32, is amended to read:
Sec. 6. TRANSFER.
(a) The commissioner of management and budget shall transfer from the health care access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000 in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal year 2017.
(b) The commissioner of human services shall determine the difference between the actual or forecasted cost to the medical assistance program of adding 19- and 20-year-olds and parents and relative caretaker populations with income between 100 and 138 percent of the federal poverty guidelines and the cost of adding those populations that was estimated during the 2013 legislative session based on the data from the February 2013 forecast.
(c) For each fiscal year from 2014 to
2017, the commissioner of human services shall certify and report to the
commissioner of management and budget the actual or forecasted estimated
cost difference of adding 19- and 20-year-olds and parents and relative
caretaker populations with income between 100 and 138 percent of the federal
poverty guidelines, as determined under paragraph (b), to the commissioner of
management and budget at least four weeks prior to the release of a forecast
under Minnesota Statutes, section 16A.103, of each fiscal year.
(d) No later than three weeks before
the release of the forecast For fiscal years 2014 to 2017, forecasts
under Minnesota Statutes, section 16A.103, prepared by the commissioner
of management and budget shall reduce the include actual or estimated
adjustments to health care access fund transfer transfers in
paragraph (a), by the cumulative differences in costs reported by the
commissioner of human services under according to paragraph (c)
(e). If, for any fiscal year,
the amount of the cumulative cost differences determined under paragraph (b) is
positive, no change is made to the appropriation. If, for any fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is less than the
amount of the original appropriation, the appropriation for that year must be
zero.
(e) For each fiscal year from 2014 to
2017, the commissioner of management and budget must adjust the transfer
amounts in paragraph (a) by the cumulative difference in costs reported by the
commissioner of human services under paragraph (c). If, for any fiscal year, the amount of the
cumulative difference in costs reported under paragraph (c) is positive, no
adjustment shall be made.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 7. Laws 2013, chapter 108, article 14, section 2, subdivision 3, is amended to read:
Subd. 3. TANF Transfer to Federal Child Care and Development Fund |
|
|
|
(a) The following TANF fund amounts are appropriated to the commissioner for purposes of MFIP/transition year child care assistance under Minnesota Statutes, section 119B.05:
(1) fiscal year 2014; $14,020,000; and
(2) fiscal year 2015, $14,020,000;
$14,372,000;
(3) fiscal year 2016; $1,036,000; and
(4) fiscal year 2017; $1,559,000.
(b) The commissioner shall authorize the transfer of sufficient TANF funds to the federal child care and development fund to meet this appropriation and shall ensure that all transferred funds are expended according to federal child care and development fund regulations.
Sec. 8. Laws 2013, chapter 108, article 14, section 3, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation |
|
$ |
|
$ |
Appropriations by Fund |
||
|
2014 |
2015 |
|
|
|
General |
79,476,000 |
74,256,000 |
State Government Special Revenue |
48,094,000 |
50,119,000 |
Health Care Access |
29,743,000 |
29,143,000 |
Federal TANF |
11,713,000 |
11,713,000 |
|
|
|
The amounts that may be spent for each purpose are specified in the following subdivisions.
Sec. 9. Laws 2013, chapter 108, article 14, section 3, subdivision 4, is amended to read:
Subd. 4. Health
Protection |
|
|
|
|
Appropriations by Fund |
||
General |
9,201,000 |
9,201,000 |
State Government Special Revenue |
32,633,000 |
32,636,000 |
|
|
|
Infectious Disease Laboratory. Of the general fund appropriation, $200,000 in fiscal year 2014 and $200,000 in fiscal year 2015 are to monitor infectious disease trends and investigate infectious disease outbreaks.
Surveillance for Elevated Blood Lead Levels. Of the general fund appropriation, $100,000 in fiscal year 2014 and $100,000 in fiscal year 2015 are for the blood lead surveillance system under Minnesota Statutes, section 144.9502.
Base Level Adjustment. The state government special revenue base is increased by $6,000 in fiscal year 2016 and by $13,000 in fiscal year 2017.
Sec. 10. Laws 2013, chapter 108, article 14, section 4, subdivision 8, is amended to read:
Subd. 8. Board
of Nursing Home Administrators |
|
3,742,000 |
|
2,252,000 |
Administrative Services Unit - Operating Costs. Of this appropriation, $676,000 in fiscal year 2014 and $626,000 in fiscal year 2015 are for operating costs of the administrative services unit. The administrative services unit may receive and expend reimbursements for services performed by other agencies.
Administrative Services Unit - Volunteer Health Care Provider Program. Of this appropriation, $150,000 in fiscal year 2014 and $150,000 in fiscal year 2015 are to pay for medical professional liability coverage required under Minnesota Statutes, section 214.40.
Administrative
Services Unit - Contested Cases and Other Legal Proceedings. Of this appropriation, $200,000 in fiscal
year 2014 and $200,000 in fiscal year 2015 are for costs of contested case
hearings and other unanticipated costs of legal proceedings involving
health-related boards funded under this section. Upon certification of a health-related board
to the administrative services unit that the costs will be incurred and that
there is insufficient money available to pay for the costs out of money
currently available to that board, the administrative services unit is
authorized to transfer money from this appropriation to the board for payment
of those costs with the approval of the commissioner of management and budget. This appropriation does not cancel and is
available until expended.
This appropriation includes $44,000 in fiscal year 2014 for rulemaking. This is a onetime appropriation. $1,441,000 in fiscal year 2014 and $420,000 in fiscal year 2015 are for the development of a shared disciplinary, regulatory, licensing, and information management system. $391,000 in fiscal year 2014 is a onetime appropriation for retirement costs in the health-related boards. This funding may be transferred to the health boards incurring retirement costs. These funds are available either year of the biennium.
This appropriation includes $16,000 in fiscal years 2014 and 2015 for evening security, $2,000 in fiscal years 2014 and 2015 for a state vehicle lease, and $18,000 in fiscal years 2014 and 2015 for shared office space and administrative support. $205,000 in fiscal year 2014 and $221,000 in fiscal year 2015 are for shared information technology services, equipment, and maintenance.
The remaining balance of the state government special revenue fund appropriation in Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision 8, for Board of Nursing Home Administrators rulemaking, estimated to be $44,000, is canceled, and the remaining balance of the state government special revenue fund appropriation in Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision 8, for electronic licensing system adaptors, estimated to be $761,000, and for the development and implementation of a disciplinary, regulatory, licensing, and information management system, estimated to be $1,100,000, are canceled. This paragraph is effective the day following final enactment.
Base Adjustment. The base is decreased by $370,000 in fiscal years 2016 and 2017.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 11. Laws 2013, chapter 108, article 14, section 12, is amended to read:
Sec. 12. APPROPRIATION
ADJUSTMENTS.
(a) The general fund appropriation in section 2, subdivision 5, paragraph (g), includes up to $53,391,000 in fiscal year 2014; $216,637,000 in fiscal year 2015; $261,660,000 in fiscal year 2016; and $279,984,000 in fiscal year 2017, for medical assistance eligibility and administration changes related to:
(1) eligibility for children age two to 18 with income up to 275 percent of the federal poverty guidelines;
(2) eligibility for pregnant women with income up to 275 percent of the federal poverty guidelines;
(3) Affordable Care Act enrollment and renewal processes, including elimination of six-month renewals, ex parte eligibility reviews, preprinted renewal forms, changes in verification requirements, and other changes in the eligibility determination and enrollment and renewal process;
(4) automatic eligibility for children who turn 18 in foster care until they reach age 26;
(5) eligibility related to spousal impoverishment provisions for waiver recipients; and
(6) presumptive eligibility determinations by hospitals.
(b) the commissioner of human services
shall determine the difference between the actual or forecasted estimated
costs to the medical assistance program attributable to the program changes in
paragraph (a), clauses (1) to (6), and the costs of paragraph (a), clauses (1)
to (6), that were estimated during the 2013 legislative session based on data
from the 2013 February forecast. The
costs in this paragraph must be calculated between January 1, 2014, and June
30, 2017.
(c)
For each fiscal year from 2014 to 2017, the commissioner of human services
shall certify the actual or forecasted estimated cost differences
to the medical assistance program determined under paragraph (b), and report
the difference in costs to the commissioner of management and budget at least
four weeks prior to a forecast under Minnesota Statutes, section 16A.103. No later than three weeks before the
release of the forecast For fiscal years 2014 to 2017, forecasts
under Minnesota Statutes, section 16A.103, prepared by the commissioner
of management and budget shall reduce include actual or estimated
adjustments to the health care access fund appropriation in section 2,
subdivision 5, paragraph (g), by the cumulative difference in costs
determined in according to paragraph (b) (d). If for any fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is positive, no
adjustment shall be made to the health care access fund appropriation. If for any fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is less than the
original appropriation, the appropriation for that fiscal year is zero.
(d) For each fiscal year from 2014 to
2017, the commissioner of management and budget must adjust the health care
access fund appropriation by the cumulative difference in costs reported by the
commissioner of human services under paragraph (b). If, for any fiscal year, the amount of the
cumulative difference in costs determined under paragraph (b) is positive, no
adjustment shall be made to the health care access fund appropriation.
(e) This section expires on January 1, 2018.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 12. DEDICATED
FUNDS REPORT.
By October 1, 2014, and with each
February forecast thereafter, the commissioner of human services must provide
to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over health and human services finance a
report of all dedicated funds and accounts.
The report must include the name of the dedicated fund or account; a
description of its purpose, and the legal citation for its creation; the
beginning balance, projected receipts, and expenditures; and the ending balance
for each fund and account. This section
shall not expire.
Sec. 13. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language in this article
expires on June 30, 2015, unless a different expiration date is specified.
ARTICLE 31
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. HUMAN
SERVICES APPROPRIATION. |
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, are
subtracted from the appropriations in Laws 2013, chapter 108, article 14, from
the general fund or any fund named to the Department of Human Services for the
purposes specified in this article, to be available for the fiscal year
indicated for each purpose. The figures
"2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal years ending June
30, 2014, or June 30, 2015, respectively.
"The first year" is fiscal year 2014. "The second year" is fiscal year
2015. "The biennium" is fiscal
years 2014 and 2015.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the
Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2014 |
2015 |
Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
Subd. 2. Forecasted
Programs |
|
|
|
|
(a) MFIP/DWP |
|
|
|
|
Appropriations
by Fund |
||
General Fund |
3,571,000
|
173,000
|
Federal TANF |
(6,475,000)
|
(1,298,000)
|
(b) MFIP Child Care Assistance |
|
(684,000)
|
|
11,114,000
|
(c) General Assistance |
|
(2,569,000)
|
|
(1,940,000)
|
(d) Minnesota Supplemental Aid |
|
(690,000)
|
|
(614,000)
|
(e) Group Residential Housing |
|
250,000
|
|
(1,740,000)
|
(f) MinnesotaCare |
|
(34,838,000)
|
|
96,340,000
|
These appropriations are from the health
care access fund.
(g) Medical Assistance |
|
|
|
|
Appropriations
by Fund |
||
General Fund |
(149,494,000)
|
(27,075,000)
|
Health Care Access Fund |
(1,695,000)
|
(5,046,000)
|
(h) Alternative Care Program |
|
(6,936,000)
|
|
(13,260,000)
|
(i) CCDTF Entitlements |
|
3,707,000
|
|
8,060,000
|
Subd. 3. Technical
Activities |
|
(422,000)
|
|
(426,000)
|
These appropriations are from the federal
TANF fund.
Sec. 3. Laws 2013, chapter 108, article 14, section 2, subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation |
|
$ |
|
$ |
Receipts for Systems Projects. Appropriations and federal receipts for information systems projects for MAXIS, PRISM, MMIS, and SSIS must be deposited in the state system account authorized in Minnesota Statutes, section 256.014. Money appropriated for computer projects approved by the commissioner of Minnesota information technology services, funded by the legislature, and approved by the commissioner of management and budget, may be transferred from one project to another and from development to operations as the commissioner of human services considers necessary. Any unexpended balance in the appropriation for these projects does not cancel but is available for ongoing development and operations.
Nonfederal Share Transfers. The nonfederal share of activities for which federal administrative reimbursement is appropriated to the commissioner may be transferred to the special revenue fund.
ARRA Supplemental Nutrition Assistance Benefit Increases. The funds provided for food support benefit increases under the Supplemental Nutrition Assistance Program provisions of the American Recovery and Reinvestment Act (ARRA) of 2009 must be used for benefit increases beginning July 1, 2009.
Supplemental Nutrition Assistance Program Employment and Training. (1) Notwithstanding Minnesota Statutes, sections 256D.051, subdivisions 1a, 6b, and 6c, and 256J.626, federal Supplemental Nutrition Assistance employment and training funds received as reimbursement of MFIP consolidated fund grant expenditures for diversionary work program participants and child care assistance program expenditures must be deposited in the general fund. The amount of funds must be limited to $4,900,000 per year in fiscal years 2014 and 2015, and to $4,400,000 per year in fiscal years 2016 and 2017, contingent on approval by the federal Food and Nutrition Service.
(2) Consistent with the receipt of the federal funds, the commissioner may adjust the level of working family credit expenditures claimed as TANF maintenance of effort. Notwithstanding any contrary provision in this article, this rider expires June 30, 2017.
TANF Maintenance of Effort. (a) In order to meet the basic maintenance of effort (MOE) requirements of the TANF block grant specified under Code of Federal Regulations, title 45, section 263.1, the commissioner may only report nonfederal money expended for allowable activities listed in the following clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work program, and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance programs under Minnesota Statutes, sections 119B.03 and 119B.05, and county child care administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP administrative costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of legal noncitizen MFIP recipients who qualify for the MinnesotaCare program under Minnesota Statutes, chapter 256L;
(6) qualifying working family credit expenditures under Minnesota Statutes, section 290.0671;
(7) qualifying Minnesota education credit expenditures under Minnesota Statutes, section 290.0674; and
(8) qualifying Head Start expenditures under Minnesota Statutes, section 119A.50.
(b) The commissioner shall ensure that sufficient qualified nonfederal expenditures are made each year to meet the state's TANF/MOE requirements. For the activities listed in paragraph (a), clauses (2) to (8), the commissioner may only report expenditures that are excluded from the definition of assistance under Code of Federal Regulations, title 45, section 260.31.
(c) For fiscal years beginning with state fiscal year 2003, the commissioner shall ensure that the maintenance of effort used by the commissioner of management and budget for the February and November forecasts required under Minnesota Statutes, section 16A.103, contains expenditures under paragraph (a), clause (1), equal to at least 16 percent of the total required under Code of Federal Regulations, title 45, section 263.1.
(d) The requirement in Minnesota Statutes, section 256.011, subdivision 3, that federal grants or aids secured or obtained under that subdivision be used to reduce any direct appropriations provided by law, do not apply if the grants or aids are federal TANF funds.
(e) For the federal fiscal years beginning on or after October 1, 2007, the commissioner may not claim an amount of TANF/MOE in excess of the 75 percent standard in Code of Federal Regulations, title 45, section 263.1(a)(2), except:
(1) to the extent necessary to meet the 80 percent standard under Code of Federal Regulations, title 45, section 263.1(a)(1), if it is determined by the commissioner that the state will not meet the TANF work participation target rate for the current year;
(2) to provide any additional amounts under Code of Federal Regulations, title 45, section 264.5, that relate to replacement of TANF funds due to the operation of TANF penalties; and
(3) to provide any additional amounts that may contribute to avoiding or reducing TANF work participation penalties through the operation of the excess MOE provisions of Code of Federal Regulations, title 45, section 261.43 (a)(2).
For the purposes of clauses (1) to (3), the commissioner may supplement the MOE claim with working family credit expenditures or other qualified expenditures to the extent such expenditures are otherwise available after considering the expenditures allowed in this subdivision and subdivisions 2 and 3.
(f) Notwithstanding any contrary provision in this article, paragraphs (a) to (e) expire June 30, 2017.
Working Family Credit Expenditures as TANF/MOE. The commissioner may claim as TANF maintenance of effort up to $6,707,000 per year of working family credit expenditures in each fiscal year.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 4. Laws 2013, chapter 108, article 14, section 2, subdivision 4, as amended by Laws 2013, chapter 144, section 24, is amended to read:
Subd. 4. Central
Office |
|
|
|
|
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Operations |
|
|
|
|
Appropriations by Fund |
||
General |
101,979,000 |
96,858,000 |
State Government Special Revenue |
3,974,000 |
4,385,000 |
Health Care Access |
13,177,000 |
13,004,000 |
Federal TANF |
100,000 |
100,000 |
DHS Receipt Center Accounting. The commissioner is authorized to transfer appropriations to, and account for DHS receipt center operations in, the special revenue fund.
Administrative Recovery; Set-Aside. The commissioner may invoice local entities through the SWIFT accounting system as an alternative means to recover the actual cost of administering the following provisions:
(1) Minnesota Statutes, section 125A.744, subdivision 3;
(2) Minnesota Statutes, section 245.495, paragraph (b);
(3) Minnesota Statutes, section 256B.0625, subdivision 20, paragraph (k);
(4) Minnesota Statutes, section 256B.0924, subdivision 6, paragraph (g);
(5) Minnesota Statutes, section 256B.0945, subdivision 4, paragraph (d); and
(6) Minnesota Statutes, section 256F.10, subdivision 6, paragraph (b).
Systems Modernization. The following amounts are appropriated for transfer to the state systems account authorized in Minnesota Statutes, section 256.014:
(1) $1,825,000 in fiscal year 2014 and $2,502,000 in fiscal year 2015 is for the state share of Medicaid-allocated costs of the health insurance exchange information technology and operational structure. The funding base is $3,222,000 in fiscal year 2016 and $3,037,000 in fiscal year 2017 but shall not be included in the base thereafter; and
(2) $9,344,000 in fiscal year 2014 and $3,660,000 in fiscal year 2015 are for the modernization and streamlining of agency eligibility and child support systems. The funding base is $5,921,000 in fiscal year 2016 and $1,792,000 in fiscal year 2017 but shall not be included in the base thereafter.
The unexpended balance of the $9,344,000 appropriation in fiscal year 2014 and the $3,660,000 appropriation in fiscal year 2015 must be transferred from the Department of Human Services state systems account to the Office of Enterprise Technology when the Office of Enterprise Technology has negotiated a federally approved internal service fund rates and billing process with sufficient internal accounting controls to properly maximize federal reimbursement to Minnesota for human services system modernization projects, but not later than June 30, 2015.
If contingent funding is fully or partially disbursed under article 15, section 3, and transferred to the state systems account, the unexpended balance of that appropriation must be transferred to the Office of Enterprise Technology in accordance with this clause. Contingent funding must not exceed $11,598,000 for the biennium.
Base Adjustment. The general fund base is increased by $2,868,000 in fiscal year 2016 and decreased by $1,206,000 in fiscal year 2017. The health access fund base is decreased by $551,000 in fiscal years 2016 and 2017. The state government special revenue fund base is increased by $4,000 in fiscal year 2016 and decreased by $236,000 in fiscal year 2017.
(b) Children and Families |
|
|
|
|
Appropriations by Fund |
||
General |
8,023,000 |
8,015,000 |
Federal TANF |
2,282,000 |
2,282,000 |
Financial Institution Data Match and Payment of Fees. The commissioner is authorized to allocate up to $310,000 each year in fiscal years 2014 and 2015 from the PRISM special revenue account to make payments to financial institutions in exchange for performing data matches between account information held by financial institutions and the public authority's database of child support obligors as authorized by Minnesota Statutes, section 13B.06, subdivision 7.
Base Adjustment. The general fund base is decreased by $300,000 in fiscal years 2016 and 2017. The TANF fund base is increased by $300,000 in fiscal years 2016 and 2017.
(c) Health Care |
|
|
|
|
Appropriations by Fund |
||
General |
14,028,000 |
13,826,000 |
Health Care Access |
28,442,000 |
31,137,000 |
Base Adjustment. The general fund base is decreased by $86,000 in fiscal year 2016 and by $86,000 in fiscal year 2017. The health care access fund base is increased by $6,954,000 in fiscal year 2016 and by $5,489,000 in fiscal year 2017.
(d) Continuing Care |
|
|
|
|
Appropriations by Fund |
||
General |
20,993,000 |
22,359,000 |
State Government Special Revenue |
125,000 |
125,000 |
Base Adjustment. The general fund base is increased by $1,690,000 in fiscal year 2016 and by $798,000 in fiscal year 2017.
(e)
Chemical and Mental Health |
|
|
|
|
Appropriations by Fund |
||
General |
|
|
Lottery Prize Fund |
157,000 |
157,000 |
Of the general fund appropriation, $68,000
in fiscal year 2014 and $59,000 in fiscal year 2015 are for compulsive gambling
treatment under Minnesota Statutes, section 297E.02, subdivision 3, paragraph
(c).
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 5. Laws 2013, chapter 108, article 14, section 2, subdivision 6, as amended by Laws 2013, chapter 144, section 25, is amended to read:
Subd. 6. Grant
Programs |
|
|
|
|
The amounts that may be spent from this appropriation for each purpose are as follows:
(a) Support Services Grants |
|
|
|
|
Appropriations by Fund |
||
General |
8,915,000 |
13,333,000 |
Federal TANF |
94,611,000 |
94,611,000 |
Paid Work Experience. $2,168,000 each year in fiscal years 2015 and 2016 is from the general fund for paid work experience for long-term MFIP recipients. Paid work includes full and partial wage subsidies and other related services such as job development, marketing, preworksite training, job coaching, and postplacement services. These are onetime appropriations. Unexpended funds for fiscal year 2015 do not cancel, but are available to the commissioner for this purpose in fiscal year 2016.
Work Study Funding for MFIP Participants. $250,000 each year in fiscal years 2015 and 2016 is from the general fund to pilot work study jobs for MFIP recipients in approved postsecondary education programs. This is a onetime appropriation. Unexpended funds for fiscal year 2015 do not cancel, but are available for this purpose in fiscal year 2016.
Local Strategies to Reduce Disparities. $2,000,000 each year in fiscal years 2015 and 2016 is from the general fund for local projects that focus on services for subgroups within the MFIP caseload who are experiencing poor employment outcomes. These are onetime appropriations. Unexpended funds for fiscal year 2015 do not cancel, but are available to the commissioner for this purpose in fiscal year 2016.
Home Visiting Collaborations for MFIP Teen Parents. $200,000 per year in fiscal years 2014 and 2015 is from the general fund and $200,000 in fiscal year 2016 is from the federal TANF fund for technical assistance and training to support local collaborations that provide home visiting services for MFIP teen parents. The general fund appropriation is onetime. The federal TANF fund appropriation is added to the base.
Performance Bonus Funds for Counties. The TANF fund base is increased by $1,500,000 each year in fiscal years 2016 and 2017. The commissioner must allocate this amount each year to counties that exceed their expected range of performance on the annualized three-year self-support index as defined in Minnesota Statutes, section 256J.751, subdivision 2, clause (6). This is a permanent base adjustment. Notwithstanding any contrary provisions in this article, this provision expires June 30, 2016.
Base Adjustment. The general fund base is decreased by $200,000 in fiscal year 2016 and $4,618,000 in fiscal year 2017. The TANF fund base is increased by $1,700,000 in fiscal years 2016 and 2017.
(b) Basic Sliding Fee Child Care Assistance Grants |
|
36,836,000 |
|
42,318,000 |
Base Adjustment. The general fund base is increased by $3,778,000 in fiscal year 2016 and by $3,849,000 in fiscal year 2017.
(c) Child Care Development Grants |
|
1,612,000 |
|
1,737,000 |
(d) Child Support Enforcement Grants |
|
50,000 |
|
50,000 |
Federal Child Support Demonstration Grants. Federal administrative reimbursement resulting from the federal child support grant expenditures authorized under United States Code, title 42, section 1315, is appropriated to the commissioner for this activity.
(e) Children's Services Grants |
|
|
|
|
Appropriations by Fund |
||
General |
49,760,000 |
52,961,000 |
Federal TANF |
140,000 |
140,000 |
Adoption Assistance and Relative Custody Assistance. $37,453,000 in fiscal year 2014 and $37,453,000 in fiscal year 2015 is for the adoption assistance and relative custody assistance programs. The commissioner shall determine with the commissioner of Minnesota Management and Budget the appropriation for Northstar Care for Children effective January 1, 2015. The commissioner may transfer appropriations for adoption
assistance, relative custody assistance, and Northstar Care for Children between fiscal years and among programs to adjust for transfers across the programs.
Title IV-E Adoption Assistance. Additional federal reimbursements to the state as a result of the Fostering Connections to Success and Increasing Adoptions Act's expanded eligibility for Title IV-E adoption assistance are appropriated for postadoption services, including a parent-to-parent support network.
Privatized Adoption Grants. Federal reimbursement for privatized adoption grant and foster care recruitment grant expenditures is appropriated to the commissioner for adoption grants and foster care and adoption administrative purposes.
Adoption Assistance Incentive Grants. Federal funds available during fiscal years 2014 and 2015 for adoption incentive grants are appropriated for postadoption services, including a parent-to-parent support network.
Base Adjustment. The general fund base is increased by $5,913,000 in fiscal year 2016 and by $10,297,000 in fiscal year 2017.
(f) Child and Community Service Grants |
|
53,301,000 |
|
53,301,000 |
(g) Child and Economic Support Grants |
|
21,047,000 |
|
20,848,000 |
Minnesota Food Assistance Program. Unexpended funds for the Minnesota food assistance program for fiscal year 2014 do not cancel but are available for this purpose in fiscal year 2015.
Transitional Housing. $250,000 each year is for the transitional housing programs under Minnesota Statutes, section 256E.33.
Emergency Services. $250,000 each year is for emergency services grants under Minnesota Statutes, section 256E.36.
Family Assets for Independence. $250,000 each year is for the Family Assets for Independence Minnesota program. This appropriation is available in either year of the biennium and may be transferred between fiscal years.
Food Shelf Programs. $375,000 in fiscal year 2014 and $375,000 in fiscal year 2015 are for food shelf programs under Minnesota Statutes, section 256E.34. If the appropriation for either year is insufficient, the appropriation for the other year is available for it. Notwithstanding Minnesota Statutes, section 256E.34, subdivision 4, no portion of this appropriation may be used by Hunger Solutions for its administrative expenses, including but not limited to rent and salaries.
Homeless Youth Act. $2,000,000 in fiscal year 2014 and $2,000,000 in fiscal year 2015 is for purposes of Minnesota Statutes, section 256K.45.
Safe Harbor Shelter and Housing. $500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 is for a safe harbor shelter and housing fund for housing and supportive services for youth who are sexually exploited.
(h) Health Care Grants |
|
|
|
|
Appropriations by Fund |
||
General |
190,000 |
190,000 |
Health Care Access |
190,000 |
190,000 |
Emergency Medical Assistance Referral and Assistance Grants. (a) The commissioner of human services shall award grants to nonprofit programs that provide immigration legal services based on indigency to provide legal services for immigration assistance to individuals with emergency medical conditions or complex and chronic health conditions who are not currently eligible for medical assistance or other public health care programs, but who may meet eligibility requirements with immigration assistance.
(b) The grantees, in collaboration with hospitals and safety net providers, shall provide referral assistance to connect individuals identified in paragraph (a) with alternative resources and services to assist in meeting their health care needs. $100,000 is appropriated in fiscal year 2014 and $100,000 in fiscal year 2015. This is a onetime appropriation.
Base Adjustment. The general fund is decreased by $100,000 in fiscal year 2016 and $100,000 in fiscal year 2017.
(i) Aging and Adult Services Grants |
|
14,827,000 |
|
15,010,000 |
Base Adjustment. The general fund is increased by $1,150,000 in fiscal year 2016 and $1,151,000 in fiscal year 2017.
Community Service Development Grants and Community Services Grants. Community service development grants and community services grants are reduced by $1,150,000 each year. This is a onetime reduction.
(j) Deaf and Hard-of-Hearing Grants |
|
1,771,000 |
|
1,785,000 |
(k) Disabilities Grants |
|
18,605,000 |
|
18,823,000 |
Advocating Change Together. $310,000 in fiscal year 2014 is for a grant to Advocating Change Together (ACT) to maintain and promote services for persons with intellectual and developmental disabilities throughout the state. This appropriation is onetime. Of this appropriation:
(1) $120,000 is for direct costs associated with the delivery and evaluation of peer-to-peer training programs administered throughout the state, focusing on education, employment, housing, transportation, and voting;
(2) $100,000 is for delivery of statewide conferences focusing on leadership and skill development within the disability community; and
(3) $90,000 is for administrative and general operating costs associated with managing or maintaining facilities, program delivery, staff, and technology.
Base Adjustment. The general fund base is increased by $535,000 in fiscal year 2016 and by $709,000 in fiscal year 2017.
(l) Adult Mental Health Grants |
|
|
|
|
Appropriations by Fund |
||
General |
|
|
Health Care Access |
750,000 |
750,000 |
Lottery Prize |
1,733,000 |
1,733,000 |
Compulsive
Gambling Treatment. Of the
general fund appropriation, $602,000 in fiscal year 2014 and $747,000 in fiscal
year 2015 are for compulsive gambling treatment under Minnesota Statutes,
section 297E.02, subdivision 3, paragraph (c).
Problem Gambling. $225,000 in fiscal year 2014 and $225,000 in fiscal year 2015 is appropriated from the lottery prize fund for a grant to the state affiliate recognized by the National Council on Problem Gambling. The affiliate must provide services to increase public awareness of problem gambling, education and training for individuals and organizations providing effective treatment services to problem gamblers and their families, and research relating to problem gambling.
Funding Usage. Up to 75 percent of a fiscal year's appropriations for adult mental health grants may be used to fund allocations in that portion of the fiscal year ending December 31.
Base
Adjustment. The general fund base is
decreased by $4,427,000 $4,441,000 in fiscal years 2016 and 2017.
Mental Health Pilot Project. $230,000 each year is for a grant to the Zumbro Valley Mental Health Center. The grant shall be used to implement a pilot project to test an integrated behavioral health care coordination model. The grant recipient must report measurable outcomes and savings to the commissioner of human services by January 15, 2016. This is a onetime appropriation.
High-risk adults. $200,000 in fiscal year 2014 is for a grant to the nonprofit organization selected to administer the demonstration project for high-risk adults under Laws 2007, chapter 54, article 1, section 19, in order to complete the project. This is a onetime appropriation.
(m) Child Mental Health Grants |
|
18,246,000 |
|
20,636,000 |
Text Message Suicide Prevention Program. $625,000 in fiscal year 2014 and $625,000 in fiscal year 2015 is for a grant to a nonprofit organization to establish and implement a statewide text message suicide prevention program. The program shall implement a suicide prevention counseling text line designed to use text messaging to connect with crisis counselors and to obtain emergency information and referrals to local resources in the local community. The program shall include training within schools and communities to encourage the use of the program.
Mental Health First Aid Training. $22,000 in fiscal year 2014 and $23,000 in fiscal year 2015 is to train teachers, social service personnel, law enforcement, and others who come into contact with children with mental illnesses, in children and adolescents mental health first aid training.
Funding Usage. Up to 75 percent of a fiscal year's appropriation for child mental health grants may be used to fund allocations in that portion of the fiscal year ending December 31.
(n) CD Treatment Support Grants |
|
1,816,000 |
|
1,816,000 |
SBIRT Training. (1) $300,000 each year is for grants to train primary care clinicians to provide substance abuse brief intervention and referral to treatment (SBIRT). This is a onetime appropriation. The commissioner of human services shall apply to SAMHSA for an SBIRT professional training grant.
(2) If the commissioner of human services receives a grant under clause (1) funds appropriated under this clause, equal to the grant amount, up to the available appropriation, shall be transferred to the Minnesota Organization on Fetal Alcohol Syndrome (MOFAS). MOFAS must use the funds for grants. Grant recipients must be selected from communities that are not currently served by federal Substance Abuse Prevention and Treatment Block Grant funds. Grant money must be used to reduce the rates
of fetal alcohol syndrome and fetal alcohol effects, and the number of drug-exposed infants. Grant money may be used for prevention and intervention services and programs, including, but not limited to, community grants, professional eduction, public awareness, and diagnosis.
Fetal Alcohol Syndrome Grant. $180,000 each year from the general fund is for a grant to the Minnesota Organization on Fetal Alcohol Syndrome (MOFAS) to support nonprofit Fetal Alcohol Spectrum Disorders (FASD) outreach prevention programs in Olmsted County. This is a onetime appropriation.
Base Adjustment. The general fund base is decreased by $480,000 in fiscal year 2016 and $480,000 in fiscal year 2017.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2013.
Sec. 6. EFFECTIVE
DATE.
Sections 1 and 2 are effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state government; providing supplemental appropriations for Office of Higher Education, Board of Trustees of the Minnesota State Colleges and Universities, Board of Regents of the University of Minnesota; jobs, economic development, labor, commerce and housing finance; state government and veterans; public safety and corrections; transportation; agriculture, environment, natural resources and clean water; early childhood education; kindergarten through grade 12; community and adult education including general education; education excellence; special education; education facilities; nutrition; state education agencies; health and human services; making certain appropriations adjustments; modifying disposition of certain revenues; providing a grant to College Possible; providing funding for regenerative medicine research; regulating study abroad programs; providing resident tuition rates for certain military veterans; authorizing participation in the interstate reciprocity agreement; authorizing student loan refinancing; requiring a transfer from the assigned risk plan in the event of surplus; establishing broadband development grants; modifying workforce development outcomes; requiring workers' compensation reform; modifying an energy loan program; establishing deaf, deafblind, and hard-of-hearing grants; modifying distribution of a taconite tax; implementing an innovation voucher pilot program; establishing competency standards for certain industries; creating the Legislative Water Commission; making changes to the Compensation Council; expediting professional licensure for members of the military; transferring funds to a disaster assistance contingency account; modifying certain provisions pertaining to victims of domestic violence; permitting the court to continue a juvenile case without a finding of delinquency; continuing the fire safety advisory committee; lowering the penalty for the performance of acts prohibited by statutes for which no penalty is specified; extending University of Minnesota service of alcohol; providing for disaster assistance for public entities with and without federal assistance; providing for railroad and railroad yard safety and emergency preparedness; designating the Trooper Glen Skolman Memorial Highway; modifying various provisions governing fund use, driver's licenses and permits, license plates, speed limits, work zones, gross vehicle weights and permits, products and services billing, safety oversight, light rail vehicle design, transit shelters and stops, highway turnbacks, and watercraft decontamination sites; providing for federal conformity; establishing a community destination sign pilot program; providing for transit service on election day; modifying off-highway motorcycle provisions; creating accounts; providing for certain grants; providing for protection of pollinators; modifying the Water Law; modifying recycling provisions; providing for state parks and trails license plates; providing for establishment of Invasive Terrestrial Plants and Pests Center; providing for licensing commercial breeders of dogs and cats; providing for adoption of
research dogs and cats; modifying provisions governing Health Department, Department of Human Services, health care, children and family services, Northstar Care for Children program, community first services and supports, continuing care, home and community-based services standards, public assistance programs simplification, and chemical and mental health services; making changes to hospital payment system; providing rate and grant increases for nursing facilities, ICFs/DD, and home and community-based services; requiring studies and reports; requiring rulemaking; amending Minnesota Statutes 2012, sections 12.03, by adding subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision 2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.43, subdivision 16; 13.46, subdivision 4; 13.643, subdivision 6; 13.681, by adding a subdivision; 13.84, subdivisions 5, 6; 15A.082, subdivision 4; 16A.125, subdivision 5; 16A.28, by adding a subdivision; 16C.16, subdivision 6a; 16C.19; 18B.01, by adding subdivisions; 18B.03, by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2; 85.34, subdivision 7; 85A.02, subdivision 2; 103G.251; 103G.271, subdivisions 5, 6; 103G.281, by adding a subdivision; 115A.151, as amended; 115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2, 3; 115E.01, by adding subdivisions; 115E.08, by adding subdivisions; 116J.423, subdivision 2; 116J.8731, subdivision 5; 116L.98; 119B.09, subdivision 9a; 122A.18, by adding a subdivision; 122A.40, subdivision 13; 122A.41, subdivision 6; 122A.414, subdivision 2, as amended if enacted; 122A.415, subdivision 1; 123A.05, subdivision 2; 123A.64; 123B.57, subdivision 6; 123B.71, subdivisions 8, 9; 123B.72, subdivisions 1, 3; 124D.09, subdivisions 9, 13; 124D.111, by adding a subdivision; 124D.1158, subdivisions 3, 4; 124D.13, subdivisions 2, as amended, 4, 9, 13, by adding subdivisions; 124D.135, subdivisions 1, 3; 124D.16, subdivision 2; 124D.522; 124D.531, subdivision 3; 124D.59, subdivision 2; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 127A.45, subdivisions 2, 3; 127A.49, subdivisions 2, 3; 129C.10, subdivision 3, by adding a subdivision; 136A.01, subdivision 2; 136A.1702; 136A.1785; 144.0724, as amended; 144.1501, subdivision 1; 144.551, subdivision 1; 144A.073, by adding a subdivision; 144A.33, subdivision 2; 148.624, by adding a subdivision; 148B.53, subdivision 3; 150A.091, by adding a subdivision; 153.16, by adding a subdivision; 154.11, as amended; 155A.27, by adding a subdivision; 161.14, by adding a subdivision; 165.15, subdivision 2; 169.011, by adding a subdivision; 169.06, subdivision 4, by adding a subdivision; 169.14, subdivision 5d, by adding a subdivision; 169.305, subdivision 1; 169.826, by adding a subdivision; 169.8261, by adding a subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865, subdivisions 1, 2, by adding a subdivision; 169.866, subdivision 3, by adding a subdivision; 171.02, subdivision 3; 171.06, subdivision 2; 171.13, subdivision 1; 174.02, by adding a subdivision; 174.56, subdivision 1; 179.02, by adding a subdivision; 181A.07, by adding a subdivision; 216B.241, subdivision 1d; 216C.145; 216C.146; 219.015, subdivisions 1, 2; 222.50, subdivision 7; 245.466, by adding a subdivision; 245A.03, subdivision 2c; 245A.04, by adding a subdivision; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.451, subdivision 2; 253B.066, subdivision 1; 254B.04, subdivision 3; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 3a, 3b, 3c, 6a, 8, 8a, 9, 10, 12, 14, 17, 18, 25, 30, by adding subdivisions; 256.9752, subdivision 2; 256B.04, by adding a subdivision; 256B.0615, subdivision 3; 256B.0624, subdivisions 2, 5, 6, 10; 256B.0625, subdivisions 18b, 18c, 18d, 18g, 30, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.199; 256B.35, subdivision 1; 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision; 256D.02, subdivisions 8, 12; 256D.05, subdivision 5; 256D.06, subdivision 1; 256D.08, subdivision 1, by adding a subdivision; 256D.10; 256D.405, subdivisions 1, 3; 256D.425, subdivision 2; 256I.03, by adding a subdivision; 256I.04, subdivision 1; 256I.05, subdivision 2; 256J.08, subdivisions 47, 57, 83, by adding a subdivision; 256J.10; 256J.21, subdivision 4; 256J.30, subdivision 4; 256J.32, subdivision 1; 256J.33, subdivision 2; 256J.37, as amended; 256J.425, subdivisions 1, 7; 256J.49, subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531; 256J.95, subdivisions 8, 9, 10; 257.85, subdivision 11; 260B.198, subdivision 7; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 268A.01, subdivision 14; 298.28, subdivisions 2, 7a, as added; 299F.012, subdivision 2; 326.04, as amended; 326.10, by adding a subdivision; 326.3382, by adding a subdivision; 326A.04, by adding a subdivision; 363A.44, subdivision 1, as added; 611A.06, by adding a subdivision; 645.241; Minnesota Statutes 2013 Supplement, sections 15A.082, subdivisions 1, 3; 16A.724, subdivision 3; 103I.205, subdivision 4; 116V.03; 123B.53, subdivisions 1, 5; 123B.54; 123B.75, subdivision 5; 124D.11, subdivision 1; 124D.111, subdivision 1; 124D.165, subdivisions 3, 4, 5; 124D.531, subdivision 1; 124D.862, subdivisions 1, 2; 125A.0942; 125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79, subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2, 2a, 2c, 2d, 24, 31;
126C.17, subdivisions 6, 7b, 9, 9a; 126C.40, subdivision 1; 126C.44; 126C.48, subdivision 8; 127A.47, subdivision 7; 145.4716, subdivision 2; 148B.17, subdivision 2; 174.12, subdivision 2; 174.42, subdivision 2; 245.8251; 245A.03, subdivision 7; 245A.042, subdivision 3; 245A.16, subdivision 1; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b, 8b, 11, 15b, 23, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2, 3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1, 1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 1, 2, 4, 6, 7, 8; 245D.071, subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a; 245D.091, subdivisions 2, 3, 4; 245D.10, subdivisions 3, 4; 245D.11, subdivision 2; 252.27, subdivision 2a; 256B.04, subdivision 21; 256B.055, subdivision 1; 256B.06, subdivision 4; 256B.0625, subdivisions 17, 18e; 256B.0949, subdivisions 4, 5, 11, by adding a subdivision; 256B.439, subdivisions 1, 7; 256B.441, subdivision 63; 256B.4912, subdivision 1; 256B.4913, subdivision 4a; 256B.4914, subdivisions 2, 4, 5, 6, 7, 9, 10, 15; 256B.492; 256B.69, subdivision 34; 256B.766; 256B.767; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 23, 24, by adding subdivisions; 256J.21, subdivision 3; 256J.30, subdivision 9; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by adding a subdivision; 256N.22, subdivisions 1, 2, 4, 6; 256N.23, subdivisions 1, 4; 256N.24, subdivisions 9, 10; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1; 256N.27, subdivision 4; 297A.815, subdivision 3; 326A.04, subdivision 5; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended; Laws 2009, chapter 83, article 1, section 10, subdivision 7; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 247, article 4, section 47; Laws 2012, chapter 263, section 1; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section 6, as amended; Laws 2013, chapter 85, article 1, sections 3, subdivisions 2, 5, 6; 4, subdivisions 1, 2; 5; 13, subdivision 5; Laws 2013, chapter 86, article 1, sections 12, subdivisions 1, 3, as amended; 13; Laws 2013, chapter 108, article 1, section 24; article 7, sections 14; 49; article 14, sections 2, subdivisions 1, 3, 4, as amended, 6, as amended; 3, subdivisions 1, 4; 4, subdivision 8; 12; Laws 2013, chapter 114, article 3, sections 3, subdivision 6; 4, subdivision 3; article 4, section 47; Laws 2013, chapter 116, article 1, section 58, subdivisions 2, 3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 15, 18, 20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2, 3, 4, 5, 8; article 6, section 12, subdivisions 2, 3, 4, 6; article 7, section 21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4, 8, 9, 10, 11, 14; article 9, sections 1, subdivision 2; 2; Laws 2013, chapter 117, article 1, sections 3, subdivisions 2, 3, 6; 4; 5, subdivisions 2, 3, 4; Laws 2013, chapter 143, article 11, section 10; Laws 2014, chapter 235, section 43; Laws 2014, chapter 240, section 26; 2014 H. F. No. 2180, section 11, if enacted; proposing coding for new law in Minnesota Statutes, chapters 3; 5; 18B; 84; 85; 87A; 103G; 115E; 116J; 123A; 123B; 124D; 129C; 135A; 136A; 144; 144A; 145; 148; 168; 171; 197; 219; 268A; 299A; 347; 473; proposing coding for new law as Minnesota Statutes, chapters 12B; 256P; repealing Minnesota Statutes 2012, sections 115A.551, subdivision 2; 116J.997; 123B.71, subdivisions 1, 4; 256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13, 20, 21, 22, 26, 27, 28; 256.9695, subdivisions 3, 4; 256D.06, subdivision 1b; 256D.08, subdivision 2; 256D.405, subdivisions 1a, 2; 256J.08, subdivisions 42, 55a, 82a; 256J.20; 256J.24, subdivision 9; 256J.32, subdivisions 2, 3, 4, 5a, 6, 7, 7a, 8; Minnesota Statutes 2013 Supplement, sections 256B.0625, subdivision 18f; 256J.08, subdivision 24; 256N.26, subdivision 7; Laws 2014, chapter 272, article 1, section 22; article 3, section 32."
We request the adoption of this report and repassage of the bill.
House
Conferees: Lyndon Carlson Sr., Thomas Huntley, Tim Mahoney, Paul Marquart
and Jean Wagenius.
Senate
Conferees: Richard J. Cohen, David J. Tomassoni, Tony Lourey, Charles W. Wiger
and Terri E. Bonoff.
Carlson moved that the report of the
Conference Committee on H. F. No. 3172 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3172, A bill for an act relating to state government; providing supplemental appropriations for higher education, jobs and economic development, public safety, corrections, transportation, environment, natural resources, and agriculture, kindergarten through grade 12 and adult education, health and human services; making
forecast adjustments; modifying prior appropriations; modifying disposition of certain revenues; dedicating money to the Board of Trustees of the Minnesota State Colleges and Universities for compensation costs associated with settlement of employment contracts; dedicating certain funds for homeownership opportunities for families evicted or given notice of eviction due to a disabled child in the home; requiring the housing finance agency to improve efforts to reduce racial and ethnic inequalities in homeownership rates; creating an office of regenerative medicine development; modifying workforce program outcomes; creating job training programs; providing funding for the Minnesota Racing Commission; providing a grant to the Mille Lacs Tourism Council; funding Peace Officer Standards and Training Board; modifying certain provisions pertaining to victims of domestic violence and sentencing for criminal sexual conduct; continuing the fire safety advisory committee; providing for disaster assistance for public entities when federal aid is granted and when federal aid is absent; establishing certain transportation oversight authority; modifying provisions for railroad and pipeline safety; modifying certain transportation provisions; providing compensation for bee deaths due to pesticide poisoning; establishing pollinator emergency response team; providing nonresident off-highway motorcycle state trail pass; requiring certain recycling; modifying solid waste reduction; regulating harmful chemicals in children's products; providing for state parks and trails license plates, and licensing and inspection of commercial dog and cat breeders; providing for invasive terrestrial plants and pests center; providing funding and policy modifications for early childhood, kindergarten through grade 12, and adult education, including general education, education excellence, special education, facilities, nutrition, community education, self-sufficiency and lifelong learning, and state agencies; making changes to provisions governing the Department of Health, Department of Human Services, children and family services, continuing care, community first services and supports, health care, public assistance programs, and chemical dependency; providing for unborn child protection; modifying the hospital payment system; modifying provisions governing background studies and home and community-based services standards; setting fees; providing rate increases; establishing grant programs; modifying medical assistance provisions; modifying the use of positive support strategies and emergency manual restraint; providing for certain grants; defining terms; creating accounts; requiring reports; providing penalties; authorizing rulemaking; amending Minnesota Statutes 2012, sections 12.03, by adding subdivisions; 12.221, subdivision 4, by adding a subdivision; 12A.02, subdivision 2, by adding subdivisions; 12A.03, subdivision 3; 12A.15, subdivision 1; 13.46, subdivision 4; 13.643, subdivision 6; 13.7411, subdivision 8; 13.84, subdivisions 5, 6; 16A.28, by adding a subdivision; 18B.01, by adding subdivisions; 18B.03, by adding a subdivision; 18B.04; 84.788, subdivision 2; 85.053, subdivision 2; 85.34, subdivision 7; 85A.02, subdivision 2; 103G.271, subdivision 6; 115A.151; 115A.55, subdivision 4; 115A.551, subdivisions 1, 2a; 115A.557, subdivisions 2, 3; 115B.39, subdivision 2; 115E.01, by adding subdivisions; 115E.08, by adding subdivisions; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; 116L.98; 119B.09, subdivision 9a, by adding a subdivision; 121A.19; 122A.40, subdivision 13; 122A.41, subdivision 6; 122A.415, subdivision 1; 123A.05, subdivision 2; 123A.485; 123A.64; 123B.57, subdivision 6; 123B.71, subdivisions 8, 9; 124D.09, subdivisions 9, 13; 124D.111, by adding a subdivision; 124D.16, subdivision 2; 124D.522; 124D.531, subdivision 3; 124D.59, subdivision 2; 125A.76, subdivision 2; 126C.10, subdivisions 25, 26; 127A.45, subdivisions 2, 3; 127A.49, subdivisions 2, 3; 129C.10, subdivision 3, by adding a subdivision; 144.0724, as amended; 144.551, subdivision 1; 145.4131, subdivision 1; 165.15, subdivision 2; 169.826, by adding a subdivision; 169.8261, by adding a subdivision; 169.86, subdivision 5; 169.863, by adding a subdivision; 169.865, subdivisions 1, 2, by adding a subdivision; 169.866, subdivision 3, by adding a subdivision; 174.24, by adding a subdivision; 174.56, subdivision 1, by adding a subdivision; 179.02, by adding a subdivision; 181A.07, by adding a subdivision; 219.015, subdivisions 1, 2; 243.167, subdivision 1; 245A.03, subdivision 2c; 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, subdivision 5; 245C.10, by adding a subdivision; 245C.33, subdivisions 1, 4; 252.27, by adding a subdivision; 252.451, subdivision 2; 254B.12; 256.01, by adding a subdivision; 256.9685, subdivisions 1, 1a; 256.9686, subdivision 2; 256.969, subdivisions 1, 2, 2b, 3a, 3b, 3c, 6a, 8, 8a, 9, 10, 12, 14, 17, 18, 25, 30, by adding subdivisions; 256.9752, subdivision 2; 256B.04, by adding a subdivision; 256B.0625, subdivisions 18b, 18c, 18d, 18g, 30, by adding a subdivision; 256B.0751, by adding a subdivision; 256B.199; 256B.35, subdivision 1; 256B.431, by adding a subdivision; 256B.434, by adding a subdivision; 256B.441, by adding a subdivision; 256B.5012, by adding a subdivision; 256I.04, subdivision 2b; 256I.05, subdivision 2; 256J.49, subdivision 13; 256J.53, subdivisions 1, 2, 5; 256J.531; 257.85, subdivision 11; 260C.212, subdivision 1; 260C.515, subdivision 4; 260C.611; 299F.012, subdivisions 1, 2; 469.084, by adding a subdivision; 473.408, by adding a subdivision; 609.135, subdivision 2; 609.3451, subdivision 3; 611A.06, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 16A.724, subdivision 2; 123B.53, subdivisions 1, 5; 123B.54; 123B.75, subdivision 5;
124D.11,
subdivision 1; 124D.111, subdivision 1; 124D.165, subdivision 5; 124D.531,
subdivision 1; 124D.65, subdivision 5; 124D.862, subdivisions 1, 2; 125A.0942;
125A.11, subdivision 1; 125A.76, subdivisions 1, 2a, 2b, 2c; 125A.79,
subdivisions 1, 5, 8; 126C.05, subdivision 15; 126C.10, subdivisions 2, 2a, 2d,
24, 31; 126C.17, subdivisions 6, 7b, 9, 9a; 126C.44; 126C.48, subdivision 8;
127A.47, subdivision 7; 145.4716, subdivision 2; 168.123, subdivision 2;
174.42, subdivision 2; 245.8251; 245A.03, subdivision 7; 245A.042, subdivision
3; 245A.16, subdivision 1; 245C.08, subdivision 1; 245D.02, subdivisions 3, 4b,
8b, 11, 15b, 29, 34, 34a, by adding a subdivision; 245D.03, subdivisions 1, 2,
3, by adding a subdivision; 245D.04, subdivision 3; 245D.05, subdivisions 1,
1a, 1b, 2, 4, 5; 245D.051; 245D.06, subdivisions 1, 2, 4, 6, 7, 8; 245D.071,
subdivisions 3, 4, 5; 245D.081, subdivision 2; 245D.09, subdivisions 3, 4a;
245D.091, subdivisions 2, 3, 4; 245D.10, subdivisions 3, 4; 245D.11,
subdivision 2; 256B.04, subdivision 21; 256B.056, subdivision 5c; 256B.0625,
subdivisions 17, 18e; 256B.0949, subdivisions 4, 11; 256B.439, subdivisions 1,
7; 256B.441, subdivision 53; 256B.4912, subdivision 1; 256B.492; 256B.69,
subdivision 34; 256B.85, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18, 23, 24, by adding subdivisions; 256N.22, subdivisions 1, 2, 4;
256N.23, subdivision 4; 256N.25, subdivisions 2, 3; 256N.26, subdivision 1;
256N.27, subdivision 4; Laws 2008, chapter 363, article 5, section 4,
subdivision 7, as amended; Laws 2009, chapter 83, article 1, section 10,
subdivision 7; Laws 2010, chapter 189, sections 15, subdivision 12; 26,
subdivision 4; Laws 2012, chapter 249, section 11; Laws 2012, chapter 263,
section 1; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First
Special Session chapter 1, article 1, section 28; Laws 2013, chapter 1, section
6, as amended; Laws 2013, chapter 85, article 1, sections 3, subdivisions 2, 5,
6; 4, subdivisions 1, 2; 5; 13, subdivision 5; Laws 2013, chapter 86, article
1, sections 12, subdivision 3, as amended; 13; Laws 2013, chapter 108, article
1, section 24; article 3, section 48; article 7, sections 14; 49; article 14,
sections 2, subdivisions 1, 4, as amended, 5, 6, as amended; 3, subdivisions 1,
4; 4, subdivision 8; 12; Laws 2013, chapter 114, article 3, section 4,
subdivision 3; Laws 2013, chapter 116, article 1, section 58, subdivisions 2,
3, 4, 5, 6, 7, 11; article 3, section 37, subdivisions 3, 4, 5, 6, 8, 11, 15,
20; article 4, section 9, subdivision 2; article 5, section 31, subdivisions 2,
3, 4, 8; article 6, section 12, subdivisions 2, 3, 4, 5, 6; article 7, section
21, subdivisions 2, 3, 4, 6, 7, 9; article 8, section 5, subdivisions 2, 3, 4,
10, 11, 14; article 9, sections 1, subdivision 2; 2; Laws 2013, chapter 117,
article 1, sections 3, subdivisions 2, 3; 4; proposing coding for new law in
Minnesota Statutes, chapters 8; 18B; 19; 84; 85; 87A; 115E; 116; 116J; 123A;
123B; 124D; 129C; 144; 144A; 145; 168; 219; 299A; 347; 473; proposing coding
for new law as Minnesota Statutes, chapter 12B; repealing Minnesota Statutes
2012, sections 115A.551, subdivision 2; 116J.997; 123B.71, subdivision 1;
256.969, subdivisions 2c, 8b, 9a, 9b, 11, 13, 20, 21, 22, 26, 27, 28; 256.9695,
subdivisions 3, 4; Minnesota Statutes 2013 Supplement, sections 256B.0625,
subdivision 18f; 256N.26, subdivision 7.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 75 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dean, M.
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR FOR THE DAY
H. F. No. 3302 was reported
to the House.
Freiberg and Anderson, M., moved to amend H. F. No. 3302 as follows:
Page 2, after line 14, insert:
"Sec. 2. [CORR14-01] 2014 S. F. No. 2336, section 26, if enacted, is amended to read:
Sec. 26. REPEALER.
Laws 2012, chapter 235, section 11, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. [CORR14-02] Laws 2014, chapter 241, article 2, section 1, subdivision 8, is amended to read:
Subd. 8. Application. (a) This section does not apply with respect to a wireless communications device returned to the store where it was originally purchased pursuant to the return policies of the wireless communications device dealer, CMRS provider, manufacturer, or retailer.
(b) This section does not apply with respect
to wireless communications devices acquired by a: (1) CMRS provider as part of a trade-in or
a repair and refurbishment program; (2) manufacturer as part of a trade-in or
a repair and refurbishment program; or (3) retailer whose trade-in program:
(i) reports records to the Minnesota
Automated Property System in an interchange file specification format
maintained by the system; (ii) reports to other national or regional
transaction reporting database available to law enforcement; or (iii) reports as
required by local ordinance.
(c) This section does not apply to wireless communications device dealers regulated under chapter 325J.
Sec. 4. [CORR14-04] Minnesota Statutes 2013 Supplement, section 349.166, subdivision 1, is amended to read:
Subdivision 1. Exclusions. (a) Bingo, with the exception of linked bingo games, may be conducted without a license and without complying with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 4 and 5; 349.18, subdivision 1; and 349.19, if it is conducted:
(1) by an organization in connection with a county fair, the state fair, or a civic celebration and is not conducted for more than 12 consecutive days and is limited to no more than four separate applications for activities applied for and approved in a calendar year; or
(2) by an organization that conducts bingo on four or fewer days in a calendar year.
An organization that holds a license to conduct lawful gambling under this chapter may not conduct bingo under this subdivision.
(b) Bingo may be conducted within a
nursing home or a senior citizen housing project or by a senior citizen
organization if the prizes for a single bingo game do not exceed $10, total
prizes awarded at a single bingo occasion do not exceed $200, no more than two
five bingo occasions are held by the organization or at the facility
each week, only members of the organization or residents and their guests
of the nursing home or housing project are allowed to play in a bingo game, no
compensation is paid for any persons who conduct the bingo, and a manager is
appointed to supervise the bingo. Bingo
conducted under this paragraph is exempt from sections 349.11 to 349.23, and
the board may not require an organization that conducts bingo under this
paragraph, or the manager who supervises the bingo, to register or file a
report with the board. The gross
receipts from bingo conducted under the limitations of this subdivision are
exempt from taxation under chapter 297A.
EFFECTIVE
DATE. This section is
effective the day that S. F. No. 2642, if enacted, is effective.
Sec. 5. [CORR14-05] Minnesota Statutes 2012, section 477A.20, as added by 2014 H. F. No. 3167, article 7, section 2, if enacted, is amended to read:
[477A.20]
DEBT SERVICE AID; LEWIS AND CLARK JOINT POWERS BOARD.
(a) The Lewis and Clark Joint Powers Board is eligible to receive an aid distribution under this section equal to (1) the principal and interest payable in the succeeding calendar year for bonds issued under section 469.352 minus the sum of (2) the combined adjusted net tax capacity of Rock County and Nobles County for the assessment year prior to the aid payable year multiplied by 1.5 percent and (3) 50 percent of any federal aid received to fund the project in the calendar year. The board shall certify to the commissioner of revenue any federal aid allocated to the project for the calendar year and the principal and interest due in the succeeding calendar year by June 1 of the aid payable year. The commissioner of revenue shall calculate the aid payable under this section and certify the amount payable before July 1 of the aid distribution year. The commissioner shall pay the aid under this section to the board at the times specified for payments of local government aid in section 477A.015. An amount sufficient to pay the state aid authorized under this section is annually appropriated to the commissioner from the general fund.
(b) The board must allocate the aid to the municipalities issuing bonds under section 469.352 in proportion to their principal and interest payments.
(c) If the deduction under paragraph (a), clause (3), eliminates the aid payment under this section in a calendar year, then the excess of the deduction must be carried over and used to reduce the principal and interest in the succeeding year or years used to calculate aid under paragraph (a).
(d) If federal grants and aid received for the project, not deducted under paragraph (a), clause (3), exceed the total debt service payments for bonds issued under section 469.352, other than payments made with state aid under this section, the joint powers board must repay any excess to the commissioner of revenue for deposit in the general fund. The repayment may not exceed the sum of state aid payments under this section and any other grants made by the state for the project.
(e) This section expires at the earlier of January 1, 2039, or when the bonds authorized under section 469.352 have been paid or defeased."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 3302, A bill for an act relating to legislative enactments; correcting miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors; amending Minnesota Statutes 2012, sections 58A.12; 477A.20, as added if enacted; Minnesota Statutes 2013 Supplement, section 349.166, subdivision 1; Laws 2014, chapter 241, article 2, section 1, subdivision 8; 2014 S. F. No. 2336, section 26, if enacted.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
FitzSimmons
Hoppe
The
bill was passed, as amended, and its title agreed to.
IN
MEMORIAM
The members of the House of
Representatives paused for a moment of silence in memory of former
Representative Pete Nelson, of Lindstrom, Minnesota who served from 1983
through 1988 who recently passed away.
MOTIONS AND RESOLUTIONS
Winkler moved that the name of Laine be
added as an author on H. F. No. 1944. The motion prevailed.
Atkins moved that the name of Dorholt be
added as an author on H. F. No. 2463. The motion prevailed.
Hansen moved that the name of Falk be
added as an author on H. F. No. 2798. The motion prevailed.
Loeffler moved that the name of Abeler be
added as an author on H. F. No. 3383. The motion prevailed.
Franson moved that the name of Drazkowski
be added as an author on H. F. No. 3384. The motion prevailed.
Metsa moved that the names of Isaacson and
Yarusso be added as authors on H. F. No. 3394. The motion prevailed.
Murphy, E., moved
that the Chief Clerk be and he is hereby instructed to inform the Senate and
the Governor by message that the House of Representatives is about to adjourn
this 88th Session sine die. The motion
prevailed.
Clark and Kahn
introduced:
House Resolution
No. 8, A House resolution concerning the detention and torture of the Somali
people in Kenya.
The resolution
was referred to the Committee on Rules and Legislative Administration.
ADJOURNMENT OF THE EIGHTY-EIGHTH SESSION SINE DIE
Murphy, E., moved that the House adjourn
sine die. The motion prevailed and the
Speaker declared the House adjourned sine die.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives