Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5631
STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-THIRD DAY
Saint Paul, Minnesota, Monday, May 7, 2007
����� The House of Representatives convened at 12:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
����� Prayer was offered by the Reverend Paul Rogers, House Chaplain.
����� 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:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� A quorum was present.
����� Demmer and Pelowski were excused.
����� The Chief Clerk proceeded to read the Journal of the preceding
day. Bly moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5632
PETITIONS AND COMMUNICATIONS
����� The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
����� I have the honor to inform you that the following enrolled Act
of the 2007 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
�������� 846������������������������������������������������� 32���������������������������������������� 4:35
p.m. May 2��������������������������������������� May
2
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Ritchie
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 3,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
����� Please be advised that I have received, approved, signed, and
deposited in the Office of the Secretary of State the following House File:
����� H. F. No. 293, relating to state government;
appropriating money for environment and natural resources; modifying meeting
requirements of the Legislative-Citizen Commission on Minnesota Resources.
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Tim
Pawlenty
������������������������������������������������������������������������������������������������������������������������������� Governor
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5633
STATE OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
����� I have the honor to inform you that the following enrolled Acts
of the 2007 Session of the State Legislature have been received from the Office
of the Governor and are deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
������ 1949������������������������������������������������� 29���������������������������������������� 4:54
p.m. May 3��������������������������������������� May
3
���������������������������������� 293����������������������� 30���������������������������������������� 4:56
p.m. May 3��������������������������������������� May
3
������ 1483������������������������������������������������� 33���������������������������������������� 4:59
p.m. May 3��������������������������������������� May
3
������ 1807������������������������������������������������� 34���������������������������������������� 5:03
p.m. May 3��������������������������������������� May
3
������ 1236������������������������������������������������� 35���������������������������������������� 5:21
p.m. May 3��������������������������������������� May
3
�������� 420������������������������������������������������� 36���������������������������������������� 5:05
p.m. May 3��������������������������������������� May
3
������ 1105������������������������������������������������� 37���������������������������������������� 5:12
p.m. May 3��������������������������������������� May
3
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Ritchie
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 4,
2007
The Honorable Representative
Margaret Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Representative
Kelliher:
����� It is my honor to inform you that I have received, approved,
signed, and deposited in the Office of the Secretary of State, Chapter No. 45,
H. F. No. 2227, with the exception of line-item vetoes listed below.
����� I have exercised a line item veto of the following
appropriations:
������������ 1. Page 6, lines
6.9 - 6.14: A $1,000,000 appropriation in Chapter No. 45, Article 1, Section
3 for a loan program for equipment used in production of perennial crops. While
this new loan program for equipment may have merit in the future, we are only
in the early stages of planning for our next generation of bio-fuels. It is
difficult to predict future equipment and capital needs of producers of such
crops at this point. Many questions remain that should be answered before the
state commits to this type of loan program, such as what type of biomass crops
or plants will be used and how equipment needs will differ from what is used on
already established crops.
�� Moreover, this is an issue the NextGen Board,
established in this bill, should address. The board should make recommendations
to the 2008 legislature on the validity of this type of program or other type
of bioenergy equipment loan programs.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5634
����� ����� . Page 9, lines 9.8 - 9.26: A $350,000 appropriation in
Chapter No. 45, Article 1, Section 3 to the Minnesota Institute for Sustainable
Agriculture (MISA) for research on prairie plants and perennials. This
appropriation is duplicative of funding included in the Higher Education
Omnibus discussions, and similar to funding available in the Environment and
Energy Omnibus finance bill. The appropriation also repeats activities
supervised by the proposed NextGen Board. Finally, similar activities are
already taking place within IREE at the University of Minnesota and many of the
other appropriations included in this bill will accomplish the exact research
this appropriation is written for.
�� I would encourage MISA to coordinate their
research and funding needs with the overall budget requests of the University
and to also consult with the University's Institute of Renewable Energy and the
Environment to coordinate research efforts.
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Tim
Pawlenty
������������������������������������������������������������������������������������������������������������������������������� Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
����� I have the honor to inform you that the following enrolled Act
of the 2007 Session of the State Legislature has been received from the Office
of the Governor and is deposited in the Office of the Secretary of State for
preservation, pursuant to the State Constitution, Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2007 |
Date Filed 2007 |
������������������������������ 2227*����������������������� 45���������������������������������������� 11:35
a.m. May 4�������������������������������������� May
4
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Ritchie
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
[NOTE: * Indicates that H.
F. No. 2227, Chapter No. 45, contains line item vetoes.]
INTRODUCTION AND FIRST READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Thissen introduced:
����� H. F. No. 2467, A bill for an act relating to taxation;
eliminating the authority of the Metropolitan Airports Commission to levy
property taxes for nondebt purposes; prohibiting issuance of new general
obligation bonds by the commission; amending Minnesota Statutes 2006, sections
275.066; 473.621, subdivision 5; 473.661, subdivision
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5635
3; 473.667, subdivisions 2,
8a, 9, 10, 11, 12; 473.6671, subdivision 1; 473.671; repealing Minnesota
Statutes 2006, sections 473.627; 473.661, subdivisions 2, 3.
����� The bill was read for the first time and referred to the
Committee on Taxes.
����� Hausman; Carlson; Mahoney; Murphy, M.; Rukavina; Winkler;
Kelliher and Paulsen introduced:
����� H. F. No. 2468, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money to
renovate a building at the University of Minnesota for use as a biomedical
science research facility.
����� The bill was read for the first time and referred to the
Committee on Finance.
����� Sertich 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:
Madam Speaker:
����� I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
����� S. F. No. 802, A bill for an act relating to
health; mortuary science; changing provisions dealing with mortuary science;
amending Minnesota Statutes 2006, sections 149A.01, subdivisions 2, 3; 149A.02,
subdivisions 2, 8, 11, 12, 13, 16, 33, 34, by adding subdivisions; 149A.03;
149A.20, subdivisions 1, 4, 6; 149A.40, subdivision 11; 149A.45, by adding
subdivisions; 149A.50, subdivisions 2, 4; 149A.52, subdivision 4, by adding a
subdivision; 149A.53, by adding a subdivision; 149A.63; 149A.70, subdivisions
1, 3, 5, 5a, 6, 7, 8, 9; 149A.71, subdivisions 2, 4; 149A.72, subdivision 4;
149A.74, subdivision 1; 149A.80, subdivisions 2, 3; 149A.90, subdivisions 1, 3,
4, 5, 6, 7, 8; 149A.91, subdivisions 2, 3, 5, 6, 10; 149A.92, subdivisions 2,
6; 149A.93, subdivisions 1, 2, 3, 4, 6, 8, by adding a subdivision; 149A.94,
subdivisions 1, 3; 149A.95, subdivisions 2, 4, 6, 7, 9, 13, 14, 15, 20, by
adding a subdivision; 149A.96, subdivision 1; repealing Minnesota Statutes
2006, sections 149A.93, subdivision 9; 149A.94, subdivision 2.
����� The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has appointed as such committee:
����� Senators Koering, Berglin and Moua.
����� Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrice Dworak, First Assistant Secretary of the Senate
����� Liebling moved that the House accede to the request of the
Senate and that the Speaker appoint a Conference Committee of 3 members of the
House to meet with a like committee appointed by the Senate on the disagreeing
votes of the two houses on S. F. No. 802. The motion prevailed.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5636
Madam Speaker:
����� I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
����� S. F. No. 493, A bill for an act relating to public nuisances;
providing that certain criminal gang behavior is a public nuisance; authorizing
injunctive relief and other remedies; proposing coding for new law in Minnesota
Statutes, chapter 617.
����� The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has appointed as such committee:
����� Senators Moua, Betzold and Limmer.
����� Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrice
Dworak, First
Assistant Secretary of the Senate
����� Lesch moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 493. The motion prevailed.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
����� Sertich from the Committee on Rules and Legislative Administration,
pursuant to rule 1.21, designated the following bills to be placed on the
Calendar for the Day for Monday, May 7, 2007:
����� S. F. No. 26; H. F. No. 1758;
S. F. Nos. 1048, 1333, 1705, 2030 and 1902; and
H. F. No. 599.
CALENDAR FOR THE DAY
����� S. F. No. 1311, A bill for an act relating to local government;
authorizing cities to operate preventive health services programs; amending
Minnesota Statutes 2006, section 15.46.
����� 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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5637
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� The bill was passed and its title agreed to.
ANNOUNCEMENT BY THE SPEAKER
����� The Speaker announced the appointment of the following members
of the House to a Conference Committee on S. F. No. 802:
����� Liebling, Thissen and Gottwalt.
CALENDAR FOR THE DAY, Continued
����� S. F. No. 805, A bill for an act relating to insurance;
regulating health plan coverage for hearing aids; amending Minnesota Statutes
2006, section 62Q.675.
����� 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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5638
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� The bill was passed and its title agreed to.
����� S. F. No. 1131 was reported to the House.
Dill and Eken moved to amend
S. F. No. 1131, the first engrossment, as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
NATURAL RESOURCES POLICY
Section 1. Minnesota
Statutes 2006, section 84.027, is amended by adding a subdivision to read:
Subd. 13a. Game and fish expedited permanent rules. In addition to
the authority granted in Subdivision 13, the commissioner of natural resources
may adopt rules under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and
97C to describe zone or permit area boundaries, to designate fish spawning beds
or fish preserves, to select hunters or anglers for areas, to provide for
registration of game or fish, to prevent or control wildlife disease, or to
correct errors or omissions in rules that do not have a substantive effect on
the intent or application of the original rule; or
(2) section 84D.12 to
designate prohibited invasive species, regulated invasive species, and
unregulated nonnative species.
Sec. 2. Minnesota Statutes
2006, section 84.0272, subdivision 3, is amended to read:
Subd. 3. Minimal value acquisition. (a)
Notwithstanding subdivision 1, if the commissioner determines that lands or
interests in land have a value less than $5,000 $50,000, the commissioner
may acquire the lands for the value determined by the commissioner without an
appraisal. The commissioner shall make the determination based upon available
information including, but not limited to:
(1) the most recent assessed
market value of the land or interests in land as determined by the county
assessor of the county in which the land or interests in land is located;
(2) a sale price of the land
or interests in land, provided the sale occurred within the past year;
(3) the sale prices of
comparable land or interests in land located in the vicinity and sold within
the past year; or
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5639
(4) an appraisal of the land
or interests in land conducted within the past year.
(b) In the event the value
is minimal less than $1,000, the commissioner may add a
transaction incentive, provided that the sum of the incentive plus the value of
the land does not exceed $1,000.
Sec. 3. Minnesota Statutes
2006, section 84.0274, subdivision 5, is amended to read:
Subd. 5. Owner's rights. When the state proposes
to purchase in fee or any lesser interest in land which will be administered by
the commissioner of natural resources, the landowner shall have the following
rights:
(a) The right to be informed
of the specific intended use of the property and of any change in the intended
use of the property which occurs during the acquisition process. The owner
shall also be informed that the documents regarding the purchase will be public
records if the land is purchased by the state;
(b) The right to be paid a
fair price for the property. The price shall include the fair market value of
the land plus:
(1) All necessary incidental
costs such as abstracting and recording fees related to the sale. The costs of
clearing title defects, paying taxes, and attorney's fees are not reimbursable;
and
(2) Any penalties incurred
by the owner where the property is security for a loan or advance of credit
that contains a provision requiring or permitting the imposition of a penalty
if the loan or advance of credit is prepaid;
(c) The right to payment, at
the owner's election, in a lump sum or in up to four annual installments;
(d) The right to have the
property fairly appraised by the state. The state's appraiser shall physically
inspect the property and shall allow the owner along when the appraisal is
made. The state's appraiser shall certify in the appraisal report to having
physically inspected the property and having given the landowner an opportunity
to go along on inspections. Notwithstanding section 13.44, subdivision 3,
before an offer is made, the landowner shall be given a resume of the
state's certified appraisal. The resume shall include the appraiser's
conclusions as to value, acreage and type of land, value of buildings and other
improvements, value of timber, special damages and any special elements of
value informed of the value determined pursuant to section 84.0272;
(e) The right to retain a
qualified independent appraiser to conduct an appraisal at any time prior to
certification of the state's appraisal of the property and to be reimbursed for
appraisal fees as provided in section 117.232, subdivision 1, if the land is
sold to the state and to have that appraisal considered along with the state's
in certifying the selling price;
(f) The right to have the
state acquire the property by means of condemnation upon the owner's request
with the agreement of the commissioner;
(g) The right to receive or
waive relocation assistance, services, payments and benefits as provided in
sections 117.52 and 117.521;
(h) The right to accept the
state's offer for the property and contest the state's offer for relocation and
moving expenses;
(i) The right to continue
occupancy of the property until full payment is received, provided that when
the owner elects to receive payment in annual installments pursuant to clause
(c), the owner may retain occupancy until the first payment is made; and
(j) The right to seek the
advice of counsel regarding any aspect of the land transaction.
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Sec. 4. Minnesota Statutes
2006, section 84.029, subdivision 2, is amended to read:
Subd. 2. Acquisition of land for trails. The commissioner
may acquire, by gift, purchase, or lease, easements or other interests in land
for trails, and recreational uses related to trails, where necessary to
complete trails established primarily in state forests, state parks, or other
public land under the jurisdiction of the commissioner, when railroad
rights-of-way are abandoned, when the use of township roads is compatible with
vehicular travel, and oder when needed to complete trails
established by the legislature.
Sec. 5. Minnesota Statutes
2006, section 84.788, subdivision 1, is amended to read:
Subdivision 1. General requirements. Unless exempted
in subdivision 2, after January 1, 1994, a person may not operate and an
owner may not give permission for another to operate an off-highway motorcycle on
public lands or waters unless the vehicle has been registered under this
section.
Sec. 6. Minnesota Statutes
2006, section 84.82, subdivision 6, is amended to read:
Subd. 6. Exemptions. Registration is not
required under this section for:
(1) a snowmobile owned and
used by the United States, another state, or a political subdivision thereof;
(2) a snowmobile registered
in a country other than the United States temporarily used within this state;
(3) a snowmobile that is
covered by a valid license of another state and has not been within this state
for more than 30 consecutive days;
(4) a snowmobile used
exclusively in organized track racing events;
(5) a snowmobile in transit
by a manufacturer, distributor, or dealer; oder
(6) a snowmobile at least 15
years old in transit by an individual for use only on land owned or leased by
the individual; or
(7) a snowmobile while being
used to groom a state or grant-in-aid trail.
Sec. 7. Minnesota Statutes
2006, section 84.8205, subdivision 1, is amended to read:
Subdivision 1. Sticker required; fee. (a) Except as
provided in paragraph (b), a person may not operate a snowmobile on a state or
grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed
to the snowmobile. The commissioner of natural resources shall issue a sticker
upon application and payment of a $15 fee. The fee for a three-year snowmobile
state trail sticker that is purchased at the time of snowmobile registration is
$30. In addition to other penalties prescribed by law, a person in violation of
this subdivision must purchase an annual state trail sticker for a fee of $30.
The sticker is valid from November 1 through April 30. Fees collected under
this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the snowmobile trails and
enforcement 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, trail
maintenance, grooming, and easement acquisition.
(b) A state trail sticker is
not required under this section for:
(1) a snowmobile owned by
the state or a political subdivision of the state that is registered under
section 84.82, subdivision 5;
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(2) a snowmobile that is
owned and used by the United States, another state, or a political subdivision
thereof that is exempt from registration under section 84.82, subdivision 6;
(3) a collector snowmobile
that is operated as provided in a special permit issued for the collector
snowmobile under section 84.82, subdivision 7a; oder
(4) a person operating a
snowmobile only on the portion of a trail that is owned by the person or the
person's spouse, child, or parent; or
(5) a snowmobile while being
used to groom a state or grant-in-aid trail.
Sec. 8. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION PROGRAM.
Subdivision 1. Creation. The commissioner of natural resources shall
establish a program to promote the safe and responsible operation of
off-highway vehicles in a manner that does not harm the environment. The
commissioner shall coordinate the program through the regional offices of the
Department of Natural Resources.
Subd. 2. Purpose. The purpose of the program is to encourage
off-highway vehicle clubs to assist, on a volunteer basis, in improving,
maintaining, and monitoring of trails on state forest land and other public
lands.
Subd. 3. Agreements. (a) The commissioner shall enter into
informal agreements with off-highway vehicle clubs for volunteer services to
maintain, make improvements to, and monitor trails on state forest land and
other public lands. The off-highway vehicle clubs shall promote the operation
of off-highway vehicles in a safe and responsible manner that complies with the
laws and rules that relate to the operation of off-highway vehicles.
(b) The off-highway vehicle
clubs may provide assistance to the department in locating, recruiting, and
training instructors for off-highway vehicle training programs.
(c) The commissioner may
provide assistance to enhance the comfort and safety of volunteers and to
facilitate the implementation and administration of the safety and conservation
program.
Sec. 9. Minnesota Statutes
2006, section 84.925, subdivision 5, is amended to read:
Subd. 5. Training requirements. (a) An
individual who was born after July 1, 1987, and who is 16 years of age or
older, must successfully complete the independent study course component of
all-terrain vehicle safety training before operating an all-terrain vehicle on
public lands or waters, public road rights-of-way, or state or grant-in-aid
trails.
(b) An individual who is
convicted of violating a law related to the operation of an all-terrain vehicle
must successfully complete the independent study course component of
all-terrain vehicle safety training before continuing operation of an all-terrain
vehicle.
(c) An individual who is
convicted for a second or subsequent excess speed, trespass, or wetland
violation in an all-terrain vehicle season, or any conviction for careless or
reckless operation of an all-terrain vehicle, must successfully complete the
independent study and the testing and operating course components of
all-terrain vehicle safety training before continuing operation of an
all-terrain vehicle.
(d) An individual who
receives three or more citations and convictions for violating a law related to
the operation of an all-terrain vehicle in a two-year period must successfully
complete the independent study and the testing and operating course components
of all-terrain vehicle safety training before continuing operation of an all-terrain
vehicle.
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(e) An individual must
present evidence of compliance with this subdivision before an all-terrain
vehicle registration is issued or renewed.
Sec. 10. Minnesota Statutes
2006, section 84D.03, subdivision 1, is amended to read:
Subdivision 1. Infested waters; restricted activities.
(a) The commissioner shall designate a water of the state as an infested water
if the commissioner determines that:
(1) the water contains a
population of an aquatic invasive species that could spread to other waters if
use of the water and related activities are not regulated to prevent this.;
or
(2) the water is highly
likely to be infested by an aquatic invasive species because it is connected to
a water that contains a population of an aquatic invasive species.
(b) When determining which
invasive species comprise infested waters, the commissioner shall consider:
(1) the extent of a species
distribution within the state;
(2) the likely means of
spread for a species; and
(3) whether regulations
specific to infested waters containing a specific species will effectively
reduce that species' spread.
(c) The presence of common
carp and curly-leaf pondweed shall not be the basis for designating a water as
infested.
(d) The designation of
infested waters by the commissioner shall be by written order published in the
State Register. Designations are not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
Sec. 11. Minnesota Statutes
2006, section 84D.12, subdivision 1, is amended to read:
Subdivision 1. Required rules. The commissioner shall
adopt rules:
(1) designating infested
waters, prohibited invasive species, regulated invasive species, and
unregulated nonnative species of aquatic plants and wild animals;
(2) governing the
application for and issuance of permits under this chapter, which rules may
include a fee schedule; and
(3) governing notification
under section 84D.08.
Sec. 12. Minnesota Statutes
2006, section 84D.12, subdivision 3, is amended to read:
Subd. 3. Expedited rules. The commissioner may
adopt rules under section 84.027, subdivision 13, that designate:
(1) prohibited invasive
species of aquatic plants and wild animals;
(2) regulated invasive
species of aquatic plants and wild animals; and
(3) unregulated nonnative
species of aquatic plants and wild animals; and.
(4) infested waters.
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Sec. 13. Minnesota Statutes
2006, section 85.015, subdivision 14, is amended to read:
Subd. 14. Gateway Trail Willard Munger
Trail System, Chisago, Ramsey, Pine, St. Louis, Carlton, and
Washington Counties. (a) The trail shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the
State Capitol and shall extend northerly and northeasterly to William
O'Brien State Park, thence northerly to Taylors Falls in Chisago County, and
there terminate. One segment shall be known as the Boundary Trail and
shall originate in Chisago County and extend into Duluth in St. Louis County.
One segment shall be known as the Browns Creek Trail and shall originate at
Duluth Junction and extend into Stillwater in Washington County. One segment
shall be known as the Munger Trail and shall originate at Hinckley in Pine
County and extend through Moose Lake in Carlton County to Duluth in St. Louis
County. One segment shall be known as the Alex Laveau Trail and shall originate
in Carlton County at Carlton and extend through Wrenshall to the
Minnesota-Wisconsin border. One segment shall be established that extends the
trail to include the cities of Proctor, Duluth, and Hermantown in St. Louis
County.
(b) The trail system shall
be developed primarily for hiking and nonmotorized riding.
(c) In addition to the
authority granted in subdivision 1, lands and interests in lands for the trail
Gateway and Browns Creek Trails may be acquired by eminent domain.
(d) The commissioner of
natural resources, after consulting with all local units of government affected
by the trail, and with the commissioner of transportation and the Metropolitan
Council, shall prepare a master plan for the trail. After completion of the
master plan, any land or interest in land not needed for the trail may be
disposed of by the commissioner of natural resources as follows:
(1) by transfer to the
Department of Transportation, the Historical Society, or another state agency;
(2) by sale at not less than
the purchase price to a city, town, school district, park district, or other
political subdivision whose boundaries include or are adjacent to the land, for
public purposes only, after written notice to each of these political
subdivisions; or
(3) if no offer to purchase
is received from any political subdivision within one year after the completion
of the master plan, then by public sale, at not less than the purchase price,
upon notice published in the manner provided in section 92.14, and otherwise in
the same manner as trust fund lands are sold, so far as applicable.
All proceeds derived from
sales of unneeded land and interest in land shall be deposited in the state
bond fund. For the purposes of United States Code, title 23, section 138, and
title 49, section 1653(f), any land or interest in land not needed for the
trail and transferred to another state agency, or sold, does not constitute
permanent park, recreation area, or wildlife or waterfowl refuge facility land.
Sec. 14. Minnesota Statutes
2006, 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. 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 annual
state park permits.
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Sec. 15. Minnesota Statutes
2006, section 85.053, subdivision 8, is amended to read:
Subd. 8. Military personnel on leave; exemption.
(a) The provisions of this section requiring a state park permit and
regulating its display do not apply to A one-day permit, under
subdivision 4, shall be issued without a fee for a motor vehicle being used
by a person who is serving in active military service in any branch or unit of
the United States armed forces and who is stationed outside Minnesota, during
the period of active service and for 90 days immediately thereafter, if the
person notifies presents the person's current military orders to the
park attendant on duty or other designee of the commissioner of the person's
military status at the time of usage. It is sufficient notice for the eligible
person to temporarily affix to the inside of the windshield of the vehicle in a
visible manner the person's current military orders and to carry in the
person's possession current military identification attesting to the person's
active or recent military status.
(b) For purposes of this
section, "active service" has the meaning given under section 190.05,
subdivision 5c, when performed outside Minnesota.
Sec. 16. Minnesota Statutes
2006, section 93.0015, subdivision 3, is amended to read:
Subd. 3. Expiration. Notwithstanding section
15.059, subdivision 5, or other law to the contrary, the committee expires June
30, 2007 2011.
Sec. 17. Minnesota Statutes
2006, section 93.55, subdivision 1, is amended to read:
Subdivision 1. Forfeiture; failure to record. If the
owner of a mineral interest fails to record the verified statement required by
section 93.52, before January 1, 1975, as to any interests owned on or before
December 31, 1973, or within one year after acquiring such interests as to
interests acquired after December 31, 1973, and not previously recorded
under section 93.52, the mineral interest shall forfeit to the state after
notice and opportunity for hearing as provided in this section. However, before
completing the procedures set forth in subdivision 2, the commissioner of
natural resources may lease the severed mineral interest as provided in
subdivisions 1a and 3.
Sec. 18. Minnesota Statutes
2006, section 93.55, is amended by adding a subdivision to read:
Subd. 1b. Exemption for forfeiture. Notwithstanding subdivision 1,
a severed mineral interest for which a statement was recorded as required under
section 93.52, but for which no new statement was recorded when the interest
was subsequently conveyed on or after December 31, 1969, but before July 1,
2007, is not subject to forfeiture if: (1) substantial compliance can be shown
as provided in subdivision 2, and (2) a new statement is recorded within one
year of any conveyance of ownership on or after July 1, 2007.
Sec. 19. Minnesota Statutes
2006, section 97A.015, subdivision 24, is amended to read:
Subd. 24. Game birds. "Game birds"
means migratory waterfowl, ring-necked pheasant, ruffed grouse, sharp-tailed
grouse, Canada spruce grouse, prairie chickens, gray partridge, bob-white
quail, wild turkeys, coots, gallinules, sora and Virginia rails,
mourning dove, American woodcock, and common snipe.
Sec. 20. Minnesota Statutes
2006, section 97A.015, is amended by adding a subdivision to read:
Subd. 26c. Immediately released or immediately returned to the water. "Immediately
released" or "immediately returned to the water" means that a
fish must not be retained longer than is needed at the site of capture to
unhook, identify, measure, or photograph the fish. Placing a fish on a
stringer, in a live well, or in a cooler, bucket, or other container is not
"immediately released" or "immediately returned to the
water."
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Sec. 21. Minnesota Statutes
2006, section 97A.045, is amended by adding a subdivision to read:
Subd. 12. Establishing fees. Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish
fees providing for the use of state wildlife management area or aquatic
management area lands for specific purposes, including dog trials and special
events. The fees must be set in an amount that neither significantly
overrecovers nor underrecovers costs. The fees are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.
Sec. 22. Minnesota Statutes
2006, section 97A.133, is amended by adding a subdivision to read:
Subd. 66. Vermillion
Highlands Wildlife Management Area, Dakota County.
Sec. 23. Minnesota Statutes
2006, section 97A.401, subdivision 5, is amended to read:
Subd. 5. Wild animals damaging property. Special
permits may be issued with or without a fee to take protected wild animals that
are damaging property or to remove or destroy their dens, nests, eggs, houses,
or dams for the purpose of preventing or reducing damage or injury to
people, property, and agricultural crops. The commissioner may prescribe rules
for taking Canada geese and their nests and eggs, with or without a permit,
consistent with federal regulations. A special permit issued under this
subdivision to take beaver must state the number to be taken.
Sec. 24. Minnesota Statutes
2006, section 97A.405, subdivision 2, is amended to read:
Subd. 2. Personal possession. (a) A person
acting under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if
the license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation, if the license has been sold
to the person by electronic means but the actual license has not been issued
and received.
(b) If possession of a
license or a license identification number is required, a person must exhibit,
as requested by a conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the person; or (2)
the proper license identification number or stamp validation and a valid state
driver's license, state identification card, or other form of identification
provided by the commissioner, if the license has been sold to the person by
electronic means but the actual license has not been issued and received. A
person charged with violating the license possession requirement shall not be
convicted if the person produces in court or the office of the arresting
enforcement officer the actual license previously issued to that person, which
was valid at the time of arrest, or satisfactory proof that at the time of the
arrest the person was validly licensed. Upon request of an enforcement officer,
a licensee shall write the licensee's name in the presence of the officer to
determine the identity of the licensee.
(c) If the actual license
has been issued and received, a receipt for license fees, a copy of a license,
or evidence showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a licensee to exercise
the rights or privileges conferred by a license.
(d) A license or stamp
issued electronically and not immediately provided to the licensee shall be
mailed to the licensee within 30 days of purchase of the license or stamp validation,
except for a pictorial turkey stamp or a pictorial trout and salmon stamp.
A pictorial turkey stamp or a pictorial, migratory waterfowl,
pheasant, or trout and salmon stamp shall be mailed provided
to the licensee after purchase of a license or stamp validation only if
the licensee pays an additional $2 fee.
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Sec. 25. Minnesota Statutes
2006, section 97A.405, subdivision 4, is amended to read:
Subd. 4. Replacement licenses. (a) The
commissioner may permit licensed deer hunters to change zone, license, or
season options. The commissioner may issue a replacement license if the
applicant submits the original deer license and unused tags that are being
replaced and the applicant pays any increase in cost between the original and
the replacement license. A refund of the difference in fees may be issued
when a person changes from a regular deer license to a youth deer license. When
a person submits both an archery and a firearms license for replacement, the
commissioner may apply the value of both licenses towards the replacement
license fee.
(b) A replacement license
may be issued only if the applicant has not used any tag from the original
license or licenses and meets the conditions of paragraph (c). The
original license or licenses and all unused tags for that license
for the licenses being replaced must be submitted to the issuing agent
at the time the replacement license is issued.
(c) A replacement license
may be issued under the following conditions, or as otherwise prescribed by
rule of the commissioner:
(1) when the season for the
license being surrendered has not yet opened; oder
(2) when the person is
upgrading from a regular firearms or archery deer license to a multizone or
an all season deer license.;
(3) when the person is
upgrading from a regular firearms license to a multizone deer license; or
(4) when the person is
changing from a regular firearms deer license to a youth deer license.
(d) Notwithstanding section
97A.411, subdivision 3, a replacement license is valid immediately upon
issuance if the license being surrendered is valid at that time.
Sec. 26. Minnesota Statutes
2006, section 97A.441, subdivision 7, is amended to read:
Subd. 7. Owners or tenants of agricultural land.
(a) The commissioner may issue, without a fee, a license to take an antlerless
deer to a person who is an owner or tenant and is living and actively
farming on of at least 80 acres of agricultural land, as defined in
section 97B.001, in deer permit areas that have deer archery licenses to take
additional deer under section 97B.301, subdivision 4. A person may receive only
one license per year under this subdivision. For properties with co-owners or
cotenants, only one co-owner or cotenant may receive a license under this
subdivision per year. The license issued under this subdivision is restricted
to land leased for agricultural purposes or owned by the holder of the license
within the permit area where the qualifying land is located. The holder of the
license may transfer the license to the holder's spouse or dependent.
Notwithstanding sections 97A.415, subdivision 1, and 97B.301, subdivision 2,
the holder of the license may purchase an additional license for taking deer
and may take an additional deer under that license.
(b) A person who obtains a
license under paragraph (a) must allow public deer hunting on their land during
that deer hunting season, with the exception of the first Saturday and Sunday during
the deer hunting season applicable to the license issued under section 97A.475,
subdivision 2, clauses (4) and (13).
Sec. 27. Minnesota Statutes
2006, section 97A.445, is amended by adding a subdivision to read:
Subd. 6. Angling; Boy Scouts and Girl Scouts Ice Fishing Weekend. A
resident over age 18 may take fish by angling without a license during one
three-day consecutive period of the winter angling season designated by the
commissioner if accompanied by a Boy Scout troop or troops or Girl Scout troop
or troops whose active members
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participating in the ice
fishing weekend are each under age 16. The resident must obtain a certificate
from the commissioner signifying permission for the group to angle in a named
body of water. During the first day of the three-day consecutive period, the
commissioner must designate an authorized representative to visit each Boy
Scout troop or troops and Girl Scout troop or troops at the named body of water
and provide educational information, including ice safety information and
angling instruction. A resident in possession of the certificate is also exempt
from any fish house and dark house licensing fees levied under section 97A.475,
subdivision 11, during the three-day period. The commissioner shall publicize
the three-day period as "Boy Scouts and Girl Scouts Ice Fishing
Weekend."
Sec. 28. Minnesota Statutes
2006, section 97A.451, subdivision 3, is amended to read:
Subd. 3. Residents under age 16; small game. (a)
A resident under age 16 may not obtain a small game license but may take small
game by firearms or bow and arrow without a license if the resident is:
(1) age 14 or 15 and
possesses a firearms safety certificate;
(2) age 13, possesses a
firearms safety certificate, and is accompanied by a parent or guardian; oder
(3) age 13, 14, or 15,
possesses an apprentice hunter validation, and is accompanied by a parent or
guardian who possesses a small game license that was not obtained using an
apprentice hunter validation; or
(3) (4) age 12 or under and is
accompanied by a parent or guardian.
(b) A resident under age 16
may take small game by trapping without a small game license, but a resident 13
years of age or older must have a trapping license. A resident under age 13 may
trap without a trapping license, but may not register fisher, otter, bobcat, or
pine marten unless the resident is at least age five. Any fisher, otter,
bobcat, or pine marten taken by a resident under age five must be included in
the limit of the accompanying parent or guardian.
(c) A resident under age 12
may apply for a turkey license and may take a turkey without a firearms safety
certificate if the resident is accompanied by an adult parent or guardian who
has a firearms safety certificate.
Sec. 29. Minnesota Statutes
2006, section 97A.451, subdivision 3a, is amended to read:
Subd. 3a. Nonresidents under age 16 18;
small game. (a) A nonresident under age 16 18 may obtain a
small game license at the resident fee under section 97A.475, subdivision 2,
clause (2), if the nonresident:
(1) possesses a firearms
safety certificate; or
(2) if age 13 or under, is
accompanied by a parent or guardian when purchasing the license.
(b) A nonresident age 13 or
under must be accompanied by a parent or guardian to take small game. A
nonresident age 12 or under is not required to possess a firearms safety
certificate under section 97B.020 to take small game.
Sec. 30. Minnesota Statutes
2006, section 97A.465, is amended by adding a subdivision to read:
Subd. 1a. Spouses of residents on active military duty. Notwithstanding
section 97A.405, subdivision 5, the spouse of a resident who is on active
military duty may obtain resident hunting and fishing licenses.
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Sec. 31. Minnesota Statutes
2006, section 97A.473, subdivision 3, is amended to read:
Subd. 3. Lifetime small game hunting license; fee.
(a) A resident lifetime small game hunting license authorizes a person to hunt and
trap small game in the state. The license authorizes those hunting and
trapping activities authorized by the annual resident small game hunting license
and trapping licenses. The license does not include a turkey stamp
validation or any other hunting stamps required by law.
(b) The fees for a resident
lifetime small game hunting license are:
(1) age 3 and under, $217;
(2) age 4 to age 15, $290;
(3) age 16 to age 50, $363;
and
(4) age 51 and over, $213.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies retroactively to licenses issued after
February 28, 2001.
Sec. 32. Minnesota Statutes
2006, section 97A.473, subdivision 5, is amended to read:
Subd. 5. Lifetime sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish by angling
and hunt and trap small game in the state. The license authorizes those
activities authorized by the annual resident angling and,
resident small game hunting, and resident trapping licenses. The license
does not include a trout and salmon stamp validation, a turkey stamp
validation, or any other hunting stamps required by law.
(b) The fees for a resident
lifetime sporting license are:
(1) age 3 and under, $357;
(2) age 4 to age 15, $480;
(3) age 16 to age 50, $613;
and
(4) age 51 and over, $413.
EFFECTIVE DATE. This section is
effective August 1, 2007, and applies retroactively to licenses issued after
February 28, 2001.
Sec. 33. Minnesota Statutes
2006, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the
following licenses, to be issued to residents only, are:
(1) for persons age 18 or
over and under age 65 to take small game, $12.50;
(2) for persons ages 16 and
17 and age 65 or over, $6 to take small game;
(3) to take turkey, $18;
(4) for persons age 18 or
over to take deer with firearms, $26;
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(5) for persons age 18 or
over to take deer by archery, $26;
(6) to take moose, for a
party of not more than six persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party
of not more than two persons, $250;
(9) multizone license to
take antlered deer in more than one zone, $52;
(10) to take Canada geese
during a special season, $4;
(11) all season license to
take two three deer throughout the state in any open deer season,
except as restricted under section 97B.305, $78;
(12) to take prairie
chickens, $20;
(13) for persons at least
age 12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone or time period, $13; and
(14) for persons at least
age 12 and under age 18 to take deer by archery, $13.
Sec. 34. Minnesota Statutes
2006, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. Fees for the
following licenses, to be issued to nonresidents, are:
(1) for persons age 18
and older to take small game, $73;
(2) for persons age 18
and older to take deer with firearms, $135;
(3) for persons age 18
and older to take deer by archery, the greater of:
(i) an amount equal to the
total amount of license fees and surcharges charged to a Minnesota resident to
take deer by archery in the person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat,
fox, or coyote, $155;
(7) multizone license to
take antlered deer in more than one zone, $270; and
(8) to take Canada geese
during a special season, $4.;
(9) for persons at least age
12 and under age 18 to take deer with firearms during the regular firearms
season in any open zone or time period, $13; and
(10) for persons at least age
12 and under age 18 to take deer by archery, $13.
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Sec. 35. Minnesota Statutes
2006, section 97A.475, subdivision 16, is amended to read:
Subd. 16. Resident hunting guides. The fee for a
resident license to guide bear hunters is $82.50 and is available only to a
Minnesota resident individual.
Sec. 36. Minnesota Statutes
2006, section 97A.505, subdivision 4, is amended to read:
Subd. 4. Storage of protected wild animals. A
person that stores protected wild animals for others must plainly mark the
package, in ink, with the name and address of the owner, the license number of
the person taking the animal, and the number and species in the package. A
person may not use a commercial cold storage warehouse for protected wild
animals, except lawfully taken fish and furs.
Sec. 37. Minnesota Statutes
2006, section 97A.511, is amended to read:
97A.511 FUR-BEARING ANIMALS.
The skins of fur-bearing animals
and the flesh of beaver, muskrat, raccoon, rabbits and hares, legally taken and
bearing the required seals or tags required by the game and fish laws, may be
bought, sold, and transported at any time. The flesh of beaver, raccoon,
rabbits, and hare may not be transported out of the state.
Sec. 38. Minnesota Statutes
2006, section 97B.015, is amended by adding a subdivision to read:
Subd. 5a. Exemption for military personnel. Notwithstanding
subdivision 5, a person who has successfully completed basic training in the
United States armed forces is exempt from the range and shooting exercise
portion of the required course of instruction for the firearms safety
certificate. The commissioner may require written proof of the person's
military training, as deemed appropriate for implementing this subdivision. The
commissioner shall publicly announce this exemption from the range and shooting
exercise requirement and the availability of the department's online, remote
study option for adults seeking firearms safety certification. Military
personnel are not exempt from any other requirement of this section for
obtaining a firearms safety certificate.
EFFECTIVE DATE. This section is
effective the day following final enactment and applies to applications for certificates
made on or after that date.
Sec. 39. Minnesota Statutes
2006, section 97B.020, is amended to read:
97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
(a) Except as provided in
this section and section 97A.451, subdivision 3a, a person born after December
31, 1979, may not obtain an annual license to take wild animals by firearms
unless the person has:
(1) a firearms safety
certificate or equivalent certificate;
(2) a driver's license or
identification card with a valid firearms safety qualification indicator issued
under section 171.07, subdivision 13;
(3) a previous hunting
license with a valid firearms safety qualification indicator; oder
(4) an apprentice hunter
validation issued under section 97B.022; or
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(4) (5) other evidence indicating
that the person has completed in this state or in another state a hunter safety
course recognized by the department under a reciprocity agreement or certified
by the department as substantially similar.
(b) A person who is on
active duty and has successfully completed basic training in the United States
armed forces, reserve component, or National Guard may obtain a hunting license
or approval authorizing hunting regardless of whether the person is issued a
firearms safety certificate.
(c) A person born after
December 31, 1979, may not use a lifetime license to take wild animals by
firearms, unless the person meets the requirements for obtaining an annual
license under paragraph (a) or (b).
Sec. 40. [97B.022] APPRENTICE HUNTER VALIDATION.
Subdivision 1. Definition. For the purpose of this section,
"accompanied" means to stay within a distance of another person that
permits uninterrupted visual contact and unaided verbal communication.
Subd. 2. Apprentice hunter validation requirements. A resident
born after December 31, 1979, who is age 12 or older and who does not possess a
firearms safety certificate may be issued an apprentice hunter validation. An
apprentice hunter validation is valid for only one license year in a lifetime.
An individual in possession of an apprentice hunter validation may hunt small
game and deer only when accompanied by an adult licensed to hunt in Minnesota
whose license was not obtained using an apprentice hunter validation. An
apprentice hunter validation holder must obtain all required licenses and
stamps.
Sec. 41. Minnesota Statutes
2006, section 97B.031, subdivision 1, is amended to read:
Subdivision 1. Firearms and ammunition that may be used to
take big game. (a) A person may take big game with a firearm only if:
(1) the rifle, shotgun, and
handgun used is a caliber of at least .23 inches;
(2) the firearm is loaded
only with single projectile ammunition;
(3) a projectile used is a
caliber of at least .23 inches and has a soft point or is an expanding bullet
type;
(4) the ammunition has a
case length of at least 1.285 inches;
(5) the muzzle-loader used
is incapable of being loaded at the breech;
(6) the smooth-bore
muzzle-loader used is a caliber of at least .45 inches; and
(7) the rifled muzzle-loader
used is a caliber of at least .40 inches.
(b) Notwithstanding
paragraph (a), clause (4), a person may take big game with a ten millimeter
cartridge that is at least 0.95 inches in length, a .45 Winchester Magnum
cartridge, oder a .50 A. E. (Action Express) handgun cartridge, or a
56-46 Spencer, 56-50 Spencer, or 56-56 Spencer cartridge.
Sec. 42. Minnesota Statutes
2006, section 97B.035, is amended by adding a subdivision to read:
Subd. 1a. Minimum draw weight. A bow used to take big game must
have a pull that meets or exceeds 30 pounds at or before full draw.
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Sec. 43. Minnesota Statutes
2006, section 97B.055, subdivision 3, is amended to read:
Subd. 3. Hunting from vehicle by disabled hunters.
(a) The commissioner may issue a special permit, without a fee, to discharge a firearm
or bow and arrow from a stationary motor vehicle to a person who obtains the
required licenses and who has a permanent or chronic physical disability
that is more substantial than discomfort from walking. The permit recipient
must be:
(1) unable to step from a
vehicle without aid of a wheelchair, crutches, braces, or other mechanical
support or prosthetic device; or
(2) unable to walk any
distance because of a permanent or chronic lung, heart, or other
internal disease that requires the person to use supplemental oxygen to
assist breathing.
(b) The permanent or
chronic physical disability must be established by medical evidence
verified in writing by a licensed physician or chiropractor. The commissioner
may request additional information from the physician or chiropractor if needed
to verify the applicant's eligibility for the permit. Notwithstanding section
97A.418, the commissioner may, in consultation with appropriate advocacy
groups, establish reasonable minimum standards for permits to be issued under
this section. In addition to providing the medical evidence of a permanent
disability, the applicant must possess a valid disability parking certificate
authorized by section 169.345 or license plates issued under section 168.021.
(c) A person issued a
special permit under this subdivision and hunting deer may take a deer of
either sex, except in those antlerless permit areas and seasons where no
antlerless permits are offered. This subdivision does not authorize another
member of a party to take an antlerless deer under section 97B.301, subdivision
3.
(d) A permit issued under
this subdivision is valid for five years.
(e) The commissioner may
deny, modify, suspend, or revoke a permit issued under this section for cause,
including a violation of the game and fish laws or rules.
(f) A person who knowingly
makes a false application or assists another in making a false application for
a permit under this section is guilty of a misdemeanor. A physician or
chiropractor who fraudulently certifies to the commissioner that a person is
permanently or chronically disabled as described in this section is
guilty of a misdemeanor.
Sec. 44. Minnesota Statutes
2006, section 97B.075, is amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A person may not take
protected wild animals, except raccoon and fox, with a firearm between the
evening and morning times established by commissioner's rule, except as
provided in this section.
(b) Big game may be taken
from one-half hour before sunrise until one-half hour after sunset.
(c) Except as otherwise
prescribed by the commissioner on or before the Saturday nearest October
8, waterfowl may be taken from one-half hour before sunrise until sunset during
the entire season prescribed by the commissioner. On the opening day of the
duck season, shooting hours for migratory game birds, except woodcock, begin at
9:00 a.m.
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Sec. 45. Minnesota Statutes
2006, section 97B.085, subdivision 3, is amended to read:
Subd. 3. Communication excepted. This section
does not prohibit the use of:
(1) one-way radio communication
between a handler and a dog.; or
(2) a remote-controlled animal
noise caller used for fox, crows, bobcat, raccoon, and coyote.
Sec. 46. [97B.086] POSSESSION OF NIGHT VISION
EQUIPMENT.
(a) A person may not possess
night vision goggle equipment while taking or attempting to take wild animals
or while having in possession, either individually or as one of a group of
persons, a firearm, bow, or other implement that could be used to take wild
animals.
(b) This section does not
apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly
made to contain a firearm that fully encloses the firearm by being zipped,
snapped, buckled, tied, or otherwise fastened without any portion of the
firearm exposed; and
(3) in the closed trunk of a
motor vehicle.
(c) This section does not
apply to a bow that is:
(1) completely encased or
unstrung; and
(2) in the closed trunk of a
motor vehicle.
(d) If the motor vehicle
under paragraph (b) or (c) does not have a trunk, the firearm or bow must be
placed in the rearmost location of the vehicle.
(e) This section does not
apply to night vision goggle equipment possessed by peace officers or military
personnel while exercising their duties.
Sec. 47. Minnesota Statutes
2006, section 97B.301, subdivision 7, is amended to read:
Subd. 7. All season deer license. (a) A resident
may obtain an all season deer license that authorizes the resident to hunt
during the archery, regular firearms, and muzzle-loader seasons. The all season
license is valid for taking three deer, no more than one of which may be a
legal buck.
(b) The all season deer
license is valid for taking antlerless deer as follows:
(1) up to two antlerless
deer may be taken during the archery or muzzle-loader seasons in any open area
or during the regular firearms season in managed or intensive deer areas; and
(2) one antlerless deer may
be taken during the regular firearms season in a lottery deer area, only with
an either-sex permit or statutory exemption from an either-sex permit. prescribed by the
commissioner.
(c) The commissioner shall
issue three tags when issuing a license under this subdivision.
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Sec. 48. Minnesota Statutes
2006, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by
rule, prescribe restrictions and designate areas where deer may be taken,
including hunter selection criteria for special hunts established under section
97A.401, subdivision 4. The commissioner may, by rule, prescribe the open seasons
for deer within the following periods:
(1) taking with firearms,
other than muzzle-loading firearms, between November 1 and December 15;
(2) taking with
muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between
September 1 and December 31.
(b) Notwithstanding
paragraph (a), the commissioner may establish special seasons within designated
areas at any time of year.
(c) Smokeless gunpowder may
not be used in a muzzle-loader during the muzzle-loader season.
Sec. 49. Minnesota Statutes
2006, section 97B.318, subdivision 1, is amended to read:
Subdivision 1. Shotgun use area. During the regular
firearms season in the shotgun use area, only legal shotguns loaded with
single-slug shotgun shells, legal muzzle-loading long guns, and legal handguns
may be used for taking deer. Legal shotguns include those with rifled barrels.
The shotgun use area is that portion of the state lying within the following
described boundary: Beginning on the west boundary of the state at U.S.
Highway 10; thence along U.S. Highway 10 the northern boundary of Clay
County; thence along the northern boundary of Clay County to State Trunk
Highway (STH) 32; thence along STH 32 to STH 34; thence along STH 34 to
Interstate Highway 94 (I-94); thence along I-94 to County State-Aid Highway
(CSAH) 40, Douglas County; thence along CSAH 40 to CSAH 82, Douglas County;
thence along CSAH 82 to CSAH 22, Douglas County; thence along CSAH 22 to CSAH
6, Douglas County; thence along CSAH 6 to CSAH 14, Douglas County; thence along
CSAH 14 to STH 29; thence along STH 29 to CSAH 46, Otter Tail County; thence
along CSAH 46, Otter Tail County, to CSAH 22, Todd County; thence along CSAH 22
to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27
to the Mississippi River; thence along the east bank of the Mississippi River
to STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway
8; thence along U.S. Highway 8 to the eastern boundary of the state; thence
along the east, south, and west boundaries of the state to the point of
beginning.
Sec. 50. Minnesota Statutes
2006, section 97B.327, is amended to read:
97B.327 REPORT; DEER OTHER THAN WHITE-TAILED OR MULE.
A hunter legally taking a
deer that is not a white-tailed or mule deer must report the type of deer taken
to the commissioner of natural resources within seven days of taking. Violation
of this section shall not result in a penalty and is not subject to section
97A.301 will result in a civil penalty of $100.
Sec. 51. [97B.328] BAITING PROHIBITED.
A person may not hunt deer
(1) with the aid or use of bait, (2) in the vicinity of bait if the person
knows or has reason to know that bait is present, or (3) in the vicinity of
where the person has placed bait or caused bait to be placed within the
previous ten days. This restriction does not apply to food resulting from
normal or accepted farming, forest management, wildlife food plantings, orchard
management, or other similar land management activities, and does not prohibit
an adjacent landowner, who has not participated in or agreed to feeding
wildlife on the adjacent land, from taking a deer during the hunting season on
the adjacent landowner's land.
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Sec. 52. Minnesota Statutes
2006, section 97B.715, subdivision 1, is amended to read:
Subdivision 1. Stamp required. (a) Except as provided
in paragraph (b) or section 97A.405, subdivision 2, a person required to
possess a small game license may not hunt pheasants without:
(1) a pheasant stamp in
possession; and
(2) a pheasant stamp validation
on the small game license when issued electronically.
(b) The following persons
are exempt from this subdivision:
(1) residents under age 18
or over age 65;
(2) persons hunting on
licensed commercial shooting preserves; and
(3) resident disabled
veterans with a license issued under section 97A.441, subdivision 6a.
Sec. 53. Minnesota Statutes
2006, section 97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.
(a) Except as provided in
this section or section 97A.405, subdivision 2, a person required to possess a
small game license may not take migratory waterfowl without:
(1) a Minnesota migratory
waterfowl stamp in possession; and
(2) a migratory waterfowl stamp
validation on the small game license when issued electronically.
(b) Residents under age 18
or over age 65; resident disabled veterans with a license issued under section
97A.441, subdivision 6a; and persons hunting on their own property are not
required to possess a stamp or a license validation under this section.
Sec. 54. Minnesota Statutes
2006, section 97B.928, subdivision 1, is amended to read:
Subdivision 1. Information required. (a) A person may
not set or place a trap or snare, other than on property owned or occupied by
the person, unless the following information is affixed to the trap or snare in
a manner that ensures that the information remains legible while the trap or
snare is on the lands or waters:
(1) the number and state of
the person's driver's license;
(2) the person's Minnesota
identification card number; oder
(3) the person's name and
mailing address.; or
(4) the license
identification number issued by the Department of Natural Resources.
(b) The commissioner may not
prescribe additional requirements for identification of traps or snares.
(c) Until March 1, 2013, the
driver's license number under paragraph (a), clause (1), may be the person's
previously issued Minnesota driver's license number.
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Sec. 55. Minnesota Statutes
2006, section 97C.325, is amended to read:
97C.325 PROHIBITED METHODS OF RESTRICTIONS ON TAKING FISH.
(a) Except as specifically
authorized, a person may not take fish with:
(1) explosives, chemicals,
drugs, poisons, lime, medicated bait, fish berries, or other similar
substances;
(2) substances or devices
that kill, stun, or affect the nervous system of fish;
(3) nets, traps, trot lines,
or snares; or
(4) spring devices that
impale, hook, or capture fish.
(b) If a person possesses a
substance or device listed in paragraph (a) on waters, shores, or islands, it is
presumptive evidence that the person is in violation of this section.
(c) The commissioner may, by
rule, allow the use of a nonmotorized device with a recoil mechanism to take
fish through the ice.
(d) To protect water quality
or improve habitat for fish or wildlife, the commissioner may prescribe
restrictions on fishing seasons, limits, or methods on specific bodies of
water.
Sec. 56. Minnesota Statutes
2006, section 97C.335, is amended to read:
97C.335 USE OF ARTIFICIAL LIGHTS TO TAKE FISH PROHIBITED.
A person may not use
artificial lights to lure or attract fish or to see fish in the water while
spearing, except that while angling or spearing, a person may:
(1) affix to the end of a
fishing line a lighted artificial bait with hooks attached to the end of
a fishing line; or
(2) use a lighted decoy for
spearing.
Any battery that is used in
lighted fishing lures cannot contain any intentionally introduced mercury.
Sec. 57. Minnesota Statutes
2006, section 97C.355, subdivision 8, is amended to read:
Subd. 8. Confiscation of unlawful structures;
civil penalty. (a) Structures on the ice in violation of this
section may be confiscated and disposed of, retained by the division, or sold
at the highest price obtainable, in a manner prescribed by the commissioner.
(b) In addition to other
penalties provided by law, the owner of a structure left on the ice in
violation of this section is subject to a civil penalty under section 115A.99.
Sec. 58. Minnesota Statutes 2006,
section 97C.371, is amended by adding a subdivision to read:
Subd. 5. Sucker season. Notwithstanding any other law to the
contrary, the commissioner may allow spearing and dip netting of sucker before
May 1 when weather conditions warrant it and the earlier season would not
interfere with spawning of other fish. The commissioner must post notice of the
earlier spring opening by both print and electronic means. Regional fisheries
chiefs in any of the department's regions may recommend the earlier spring
opening for sucker spearing and dip netting to the commissioner.
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Sec. 59. [97C.417] REPORTING ASIAN CARP.
A person who takes any of
the following Asian carp species must report the type of carp taken to the
commissioner within seven days of taking:
(1) grass carp
(Ctenopharyngodon idella);
(2) bighead carp
(Hypophthalmichthys nobilis); or
(3) silver carp
(Hypophthalmichthys molitrix).
Sec. 60. Minnesota Statutes
2006, section 97C.835, subdivision 1, is amended to read:
Subdivision 1. Commercial fishing license for Lake
Superior. (a) A license to fish commercially in Lake Superior shall be
issued to a maximum of 50 25 residents. To qualify for licensing,
a resident must have landed fish in the previous year with a value of at least
$1,500, and must have engaged in commercial fishing for at least 30 days of the
previous year. An applicant may be issued a license, at the discretion of the
commissioner, if failure to meet the requirements for the dollar value of fish
landed or number of days fished resulted from illness or other mitigating
circumstances, or the applicant has reached the age of 65 and has been licensed
at least five of the previous ten years.
(b) A license may be issued
to a resident who has not previously fished commercially on Lake Superior and
has not been convicted of a game and fish law violation in the preceding three
years, if the applicant:
(1) shows a bill of sale
indicating the purchase of gear and facilities connected with an existing
license;
(2) shows proof of
inheritance of all the gear and facilities connected with an existing license;
or
(3) has served at least two
years as an apprentice in a Minnesota Lake Superior licensed commercial fishing
operation.
Sec. 61. Minnesota Statutes
2006, section 97C.835, subdivision 2, is amended to read:
Subd. 2. Types of fish permitted. Lake trout,
ciscoes, chubs, alewives, lake whitefish, round whitefish, pygmy whitefish,
rainbow smelt, and rough fish may be taken by licensed commercial fishing
operators from Lake Superior, in accordance with this section.
Sec. 62. Minnesota Statutes
2006, section 97C.835, subdivision 3, is amended to read:
Subd. 3. Pound nets and trap nets. Pound or trap
nets may be used to take lake whitefish, round whitefish, pygmy
whitefish, ciscoes, chubs, alewives, rainbow smelt, and rough fish in Lake
Superior, including St. Louis Bay east of the U.S. Highway 53 bridge,
under the rules prescribed by the commissioner.
Sec. 63. Minnesota Statutes
2006, section 97C.835, subdivision 8, is amended to read:
Subd. 8. Special permits. The commissioner may
issue special permits to duly licensed commercial fishing operators not
exceeding 20 in number, for the purpose of taking lake trout, ciscoes,
and lake whitefish spawn during the closed season for the propagation of
trout in Lake Superior and adjacent waters under rules prescribed by the
commissioner.
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Sec. 64. [97C.836] LAKE SUPERIOR LAKE TROUT
EXPANDED ASSESSMENT HARVEST.
The commissioner shall
provide for taking of lake trout by licensed commercial operators in Lake
Superior management zones MN-3 and MN-2 for expanded assessment and sale. The
commissioner shall authorize expanded assessment taking and sale of lake trout
in Lake Superior management zone MN-3 beginning in 2007 and zone MN-2 beginning
in 2010. Total assessment taking and sale may not exceed 3,000 lake trout in
zone MN-3 and 2,000 lake trout in zone MN-2 and may be reduced when necessary
to protect the lake trout population or to manage the effects of invasive
species or fish disease. Taking lake trout for expanded assessment and sale
shall be allowed from June 1 to September 30, but may end earlier in the
respective zones if the quotas are reached. The quotas must be reassessed at
the expiration of the current ten-year Fisheries Management Plan for the
Minnesota Waters of Lake Superior dated September 2006.
Sec. 65. Minnesota Statutes
2006, section 103G.291, subdivision 3, is amended to read:
Subd. 3. Emergency Water supply plans;
demand reduction. (a) Every public water supplier serving more than 1,000
people must submit an emergency and conservation a water supply
plan to the commissioner for approval by January 1, 1996. In accordance with
guidelines developed by the commissioner, the plan must address projected
demands, adequacy of the water supply system and planned improvements, existing
and future water sources, natural resource impacts or limitations, emergency
preparedness, water conservation, supply and demand reduction measures,
and allocation priorities and must identify alternative sources of water for
use in an emergency that are consistent with section 103G.261.
Public water suppliers must update the their plan and, upon
notification, submit it to the commissioner for approval every ten years.
(b) The water supply plan in
paragraph (a) is required for all communities in the metropolitan area, as defined
in section 473.121, with a municipal water supply system and is a required
element of the local comprehensive plan required under section 473.859. Water
supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section
473.1565, subdivision 1, paragraph (a), clause (2).
(b) (c) Public water suppliers
serving more than 1,000 people must employ water use demand reduction measures
before requesting approval from the commissioner of health under section
144.383, paragraph (a), to construct a public water supply well or requesting
an increase in the authorized volume of appropriation. Demand reduction
measures must include evaluation of conservation rate structures and a public
education program that may include a toilet and showerhead retrofit program.
(c) (d) Public water suppliers
serving more than 1,000 people must submit records that indicate the number of
connections and amount of use by customer category and volume of water
unaccounted for with the annual report of water use required under section
103G.281, subdivision 3.
(d) (e) For the purposes of this
subdivision, "public water supplier" means an entity that owns,
manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.
Sec. 66. Minnesota Statutes
2006, section 103G.311, subdivision 2, is amended to read:
Subd. 2. Hearing notice. (a) The hearing notice
on an application must state include:
(1) the date, place, and
time fixed by the commissioner for the hearing; and
(2) the waters affected, the
water levels sought to be established, or control structures proposed; and
(3) the matters prescribed
by sections 14.57 to 14.59 and rules adopted thereunder.
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(b) A summary of the
hearing notice must be published by the commissioner at the expense of the
applicant or, if the proceeding is initiated by the commissioner in the absence
of an applicant, at the expense of the commissioner.
(c) The summary of the hearing
notice must be:
(1) published once a week
for two successive weeks before the day of hearing in a legal newspaper
published in the county where any part of the affected waters is located;
and
(2) mailed by the
commissioner to the county auditor, the mayor of a municipality, the watershed
district, and the soil and water conservation district affected by the
application; and
(3) made under requirements prescribed
by sections 14.57 to 14.59 and rules of the chief administrative law judge.
Sec. 67. Minnesota Statutes
2006, section 282.04, subdivision 1, is amended to read:
Subdivision 1. Timber sales; land leases and uses. (a)
The county auditor may sell timber upon any tract that may be approved by the
natural resources commissioner. The sale of timber shall be made for cash at
not less than the appraised value determined by the county board to the highest
bidder after not less than one week's published notice in an official paper
within the county. Any timber offered at the public sale and not sold may
thereafter be sold at private sale by the county auditor at not less than the
appraised value thereof, until the time as the county board may withdraw the
timber from sale. The appraised value of the timber and the forestry practices
to be followed in the cutting of said timber shall be approved by the
commissioner of natural resources.
(b) Payment of the full sale
price of all timber sold on tax-forfeited lands shall be made in cash at the
time of the timber sale, except in the case of oral or sealed bid auction
sales, the down payment shall be no less than 15 percent of the appraised
value, and the balance shall be paid prior to entry. In the case of auction
sales that are partitioned and sold as a single sale with predetermined cutting
blocks, the down payment shall be no less than 15 percent of the appraised
price of the entire timber sale which may be held until the satisfactory
completion of the sale or applied in whole or in part to the final cutting
block. The value of each separate block must be paid in full before any cutting
may begin in that block. With the permission of the county contract
administrator the purchaser may enter unpaid blocks and cut necessary timber
incidental to developing logging roads as may be needed to log other blocks
provided that no timber may be removed from an unpaid block until separately
scaled and paid for. If payment is provided as specified in this paragraph as
security under paragraph (a) and no cutting has taken place on the contract,
the county auditor may credit the security provided, less any down payment
required for an auction sale under this paragraph, to any other contract issued
to the contract holder by the county under this chapter to which the contract
holder requests in writing that it be credited, provided the request and
transfer is made within the same calendar year as the security was received.
(c) The county board may require
final settlement on the basis of a scale of cut products sell any
timber, including biomass, as appraised or scaled. Any parcels of land from
which timber is to be sold by scale of cut products shall be so designated in
the published notice of sale under paragraph (a), in which case the notice
shall contain a description of the parcels, a statement of the estimated
quantity of each species of timber, and the appraised price of each species of
timber for 1,000 feet, per cord or per piece, as the case may be. In those
cases any bids offered over and above the appraised prices shall be by
percentage, the percent bid to be added to the appraised price of each of the
different species of timber advertised on the land. The purchaser of timber
from the parcels shall pay in cash at the time of sale at the rate bid for all
of the timber shown in the notice of sale as estimated to be standing on the
land, and in addition shall pay at the same rate for any additional amounts
which the final scale shows to have been cut or was available for cutting on
the land at the time of sale under the terms of the sale. Where the final scale
of cut products shows that less timber was cut or was available for cutting
under terms of the sale than was originally paid for, the excess payment shall
be refunded from the forfeited tax sale fund upon the claim of the
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purchaser, to be audited and allowed by the county
board as in case of other claims against the county. No timber, except hardwood
pulpwood, may be removed from the parcels of land or other designated landings
until scaled by a person or persons designated by the county board and approved
by the commissioner of natural resources. Landings other than the parcel of
land from which timber is cut may be designated for scaling by the county board
by written agreement with the purchaser of the timber. The county board may, by
written agreement with the purchaser and with a consumer designated by the
purchaser when the timber is sold by the county auditor, and with the approval
of the commissioner of natural resources, accept the consumer's scale of cut
products delivered at the consumer's landing. No timber shall be removed until
fully paid for in cash. Small amounts of timber not exceeding $3,000 in
appraised valuation may be sold for not less than the full appraised value at
private sale to individual persons without first publishing notice of sale or
calling for bids, provided that in case of a sale involving a total appraised
value of more than $200 the sale shall be made subject to final settlement on
the basis of a scale of cut products in the manner above provided and not more
than two of the sales, directly or indirectly to any individual shall be in
effect at one time.
(d) As directed by the
county board, the county auditor may lease tax-forfeited land to individuals,
corporations or organized subdivisions of the state at public or private sale,
and at the prices and under the terms as the county board may prescribe, for
use as cottage and camp sites and for agricultural purposes and for the purpose
of taking and removing of hay, stumpage, sand, gravel, clay, rock, marl, and
black dirt from the land, and for garden sites and other temporary uses
provided that no leases shall be for a period to exceed ten years; provided,
further that any leases involving a consideration of more than $12,000 per
year, except to an organized subdivision of the state shall first be offered at
public sale in the manner provided herein for sale of timber. Upon the sale of
any leased land, it shall remain subject to the lease for not to exceed one
year from the beginning of the term of the lease. Any rent paid by the lessee
for the portion of the term cut off by the cancellation shall be refunded from
the forfeited tax sale fund upon the claim of the lessee, to be audited and
allowed by the county board as in case of other claims against the county.
(e) As directed by the
county board, the county auditor may lease tax-forfeited land to individuals,
corporations, or organized subdivisions of the state at public or private sale,
at the prices and under the terms as the county board may prescribe, for the
purpose of taking and removing for use for road construction and other purposes
tax-forfeited stockpiled iron-bearing material. The county auditor must
determine that the material is needed and suitable for use in the construction
or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill,
or other works on public or private property, and that the use would be in the
best interests of the public. No lease shall exceed ten years. The use of a
stockpile for these purposes must first be approved by the commissioner of
natural resources. The request shall be deemed approved unless the requesting
county is notified to the contrary by the commissioner of natural resources
within six months after receipt of a request for approval for use of a
stockpile. Once use of a stockpile has been approved, the county may continue
to lease it for these purposes until approval is withdrawn by the commissioner
of natural resources.
(f) The county auditor, with
the approval of the county board is authorized to grant permits, licenses, and
leases to tax-forfeited lands for the depositing of stripping, lean ores, tailings,
or waste products from mines or ore milling plants, upon the conditions and for
the consideration and for the period of time, not exceeding 15 years, as the
county board may determine. The permits, licenses, or leases are subject to
approval by the commissioner of natural resources.
(g) Any person who removes
any timber from tax-forfeited land before said timber has been scaled and fully
paid for as provided in this subdivision is guilty of a misdemeanor.
(h) The county auditor may,
with the approval of the county board, and without first offering at public
sale, grant leases, for a term not exceeding 25 years, for the removal of peat
and for the production or removal of farm-grown closed-loop biomass as defined
in section 216B.2424, subdivision 1, or short-rotation woody crops from
tax-forfeited lands upon the terms and conditions as the county board may
prescribe. Any lease for the removal of peat,
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farm-grown closed-loop
biomass, or short-rotation woody crops from tax-forfeited lands must first be
reviewed and approved by the commissioner of natural resources if the lease
covers 320 or more acres. No lease for the removal of peat, farm-grown
closed-loop biomass, or short-rotation woody crops shall be made by the county
auditor pursuant to this section without first holding a public hearing on the
auditor's intention to lease. One printed notice in a legal newspaper in the
county at least ten days before the hearing, and posted notice in the
courthouse at least 20 days before the hearing shall be given of the hearing.
(i) Notwithstanding any
provision of paragraph (c) to the contrary, the St. Louis County auditor may,
at the discretion of the county board, sell timber to the party who bids the
highest price for all the several kinds of timber, as provided for sales by the
commissioner of natural resources under section 90.14. Bids offered over and
above the appraised price need not be applied proportionately to the appraised
price of each of the different species of timber.
(j) In lieu of any payment
or deposit required in paragraph (b), as directed by the county board and under
terms set by the county board, the county auditor may accept an irrevocable
bank letter of credit in the amount equal to the amount otherwise determined in
paragraph (b). If an irrevocable bank letter of credit is provided under this
paragraph, at the written request of the purchaser, the county may periodically
allow the bank letter of credit to be reduced by an amount proportionate to the
value of timber that has been harvested and for which the county has received
payment. The remaining amount of the bank letter of credit after a reduction
under this paragraph must not be less than 20 percent of the value of the
timber purchased. If an irrevocable bank letter of credit or cash deposit is
provided for the down payment required in paragraph (b), and no cutting of
timber has taken place on the contract for which a letter of credit has been provided,
the county may allow the transfer of the letter of credit to any other contract
issued to the contract holder by the county under this chapter to which the
contract holder requests in writing that it be credited.
Sec. 68. Minnesota Statutes
2006, section 394.36, is amended by adding a subdivision to read:
Subd. 5. Ownership of nonconforming parcel not relevant. A county
must not make a permit or other approval for use, development, or sale or other
disposition of a nonconforming lot or parcel of land dependent on the
ownership, or the relationship of the buyer to the seller, of the lot or
parcel.
Sec. 69. Minnesota Statutes
2006, section 462.357, subdivision 1e, is amended to read:
Subd. 1e. Nonconformities. (a) Any nonconformity,
including the lawful use or occupation of land or premises existing at the time
of the adoption of an additional control under this chapter, may be continued,
including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless:
(1) the nonconformity or
occupancy is discontinued for a period of more than one year; or
(2) any nonconforming use is
destroyed by fire or other peril to the extent of greater than 50 percent of
its market value, and no building permit has been applied for within 180 days
of when the property is damaged. In this case, a municipality may impose
reasonable conditions upon a building permit in order to mitigate any newly
created impact on adjacent property.
(b) Any subsequent use or
occupancy of the land or premises shall be a conforming use or occupancy. A
municipality may, by ordinance, permit an expansion or impose upon
nonconformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision does not
prohibit a municipality from enforcing an ordinance that applies to adults-only
bookstores, adults-only theaters, or similar adults-only businesses, as defined
by ordinance.
(c) Notwithstanding
paragraph (a), a municipality shall regulate the repair, replacement,
maintenance, improvement, or expansion of nonconforming uses and structures in
floodplain areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage potential or increase
the degree of obstruction to flood flows in the floodway.
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(d) A municipality must not
make a permit or other approval for use, development, or sale or disposition of
a nonconforming lot or parcel of land dependent on the ownership, or the
relationship of the buyer to the seller, of the lot or parcel.
Sec. 70. Minnesota Statutes
2006, section 473.1565, subdivision 1, is amended to read:
Subdivision 1. Planning activities. (a) The
Metropolitan Council must carry out planning activities addressing the water
supply needs of the metropolitan area as defined in section 473.121,
subdivision 2. The planning activities must include, at a minimum:
(1) development and
maintenance of a base of technical information needed for sound water supply
decisions including surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling, and similar
studies;
(2) development and periodic
update of a metropolitan area master water supply plan, prepared in
cooperation with and subject to the approval of the commissioner of natural
resources, that:
(i) provides guidance for
local water supply systems and future regional investments;
(ii) emphasizes
conservation, interjurisdictional cooperation, and long-term sustainability;
and
(iii) addresses the
reliability, security, and cost-effectiveness of the metropolitan area water
supply system and its local and subregional components;
(3) recommendations for
clarifying the appropriate roles and responsibilities of local, regional, and
state government in metropolitan area water supply;
(4) recommendations for
streamlining and consolidating metropolitan area water supply decision-making
and approval processes; and
(5) recommendations for the
ongoing and long-term funding of metropolitan area water supply planning
activities and capital investments.
(b) The council must carry
out the planning activities in this subdivision in consultation with the
Metropolitan Area Water Supply Advisory Committee established in subdivision 2.
Sec. 71. Minnesota Statutes
2006, section 473.859, subdivision 3, is amended to read:
Subd. 3. Public facilities plan. A public
facilities plan shall describe the character, location, timing, sequence,
function, use and capacity of existing and future public facilities of the
local governmental unit. A public facilities plan must be in at least such
detail as may be necessary to establish existing or potential effects on or
departures from metropolitan system plans and to protect metropolitan system
plans. A public facilities plan shall contain at least the following parts:
(1) a transportation plan
describing, designating and scheduling the location, extent, function and capacity
of existing and proposed local public and private transportation services and
facilities;
(2) a sewer policy plan
describing, designating and scheduling the areas to be sewered by the public
system, the existing and planned capacities of the public system, the standards
and conditions under which the installation of private sewer systems will be
permitted, and to the extent practicable, the areas not suitable for public or
private systems because of public health, safety and welfare considerations;
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(3) a parks and open space
plan describing, designating and scheduling the existing and proposed parks and
recreation open spaces within the jurisdiction; and
(4) a water supply plan including:
as described in section 103G.291, subdivision 3.
(i) a description of the
existing water supply system, including the source of water, well and treatment
plant locations, and major supply lines; an inventory of commercial and
industrial users; an indication of the community's intent to make future
changes or additions to the system, including projections for population and
industrial and commercial use and the methods by which this growth will be served;
(ii) a statement of the
community's objectives, policies, and standards for operating the water supply
system;
(iii) a conservation program
that contains the goals of the program, demand and supply conservation
techniques to be used, an evaluation of pricing methods that could be used to
reduce demand, the conditions under which conservation actions would occur, a
process for reducing nonessential uses according to the priority system under
section 103G.261, and the education program that will be used to inform the
public of the need to conserve and the methods available to achieve
conservation;
(iv) an emergency
preparedness or contingency plan, as described in section 103G.291, subdivision
3;
(v) an indication of the
possibility for joint efforts with neighboring communities or other public
entities for sharing water sources and treatment, interconnection for routine
or emergency supply, pursuit of alternative supplies, and water source
protection;
(vi) a statement of the
water supply problems that the community experiences or expects to experience
and any proposed solutions, especially those that would impact other
communities or the region; and
(vii) a wellhead protection
plan prepared in accordance with rules adopted by the commissioner of health
under section 103I.101, subdivision 5, clause (9).
Sec. 72. Laws 2006, chapter
236, article 1, section 21, is amended to read:
Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE
SALE; ITASCA COUNTY.
(a) For the purpose of a
land exchange for use in connection with a proposed steel mill in Itasca County
referenced in Laws 1999, chapter 240, article 1, section 8, subdivision 3,
title examination and approval of the land described in paragraph (b) shall be
undertaken as a condition of exchange of the land for class B land, and shall
be governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and
the provisions of this section. Notwithstanding the evidence of title
requirements in Minnesota Statutes, section 94.344, subdivisions 9 and 10, the
county attorney shall examine one or more title reports or title insurance
commitments prepared or underwritten by a title insurer licensed to conduct
title insurance business in this state, regardless of whether abstracts were
created or updated in the preparation of the title reports or commitments. The
opinion of the county attorney, and approval by the attorney general, shall be
based on those title reports or commitments.
(b) The land subject to this
section is located in Itasca County and is described as:
(1) Sections 3, 4, 7, 10,
14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 56 North, Range 22
West;
(2) Sections 3, 4, 9, 10,
13, and 14, Township 56 North, Range 23 West;
(3) Section 30, Township 57
North, Range 22 West; and
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(4) Sections 25, 26, 34, 35,
and 36, Township 57 North, Range 23 West.
(c) Riparian land given in
exchange by Itasca County for the purpose of the steel mill referenced in
paragraph (a), is exempt from the restrictions imposed by Minnesota Statutes,
section 94.342, subdivision 3.
(d) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, by
private sale, any land received in exchange for the purpose of the steel mill
referenced in paragraph (a), under the remaining provisions of Minnesota
Statutes, chapter 282. The sale must be in a form approved by the attorney
general.
(e) Notwithstanding
Minnesota Statutes, section 284.28, subdivision 8, or any other law to the
contrary, land acquired through an exchange under this section is exempt from
payment of three percent of the sales price required to be collected by the
county auditor at the time of sale for deposit in the state treasury.
Sec. 73. ADDITIONS TO STATE PARKS.
Subdivision 1. [85.012] [Subd. 16.] Flandrau State Park, Brown County. The
following area is added to Flandrau State Park, Brown County: that part of Lot
2, Block One, Conklin Addition in the city of New Ulm, Brown County, Minnesota,
according to the plat of record in the Office of the County Recorder, Brown
County, Minnesota, described as follows: beginning at the southerly most corner
of Lot 2, Block One, Conklin Addition in the city of New Ulm, Brown County,
Minnesota; thence North 55 degrees 29 minutes 26 seconds East (assumed bearing)
along the southeasterly line of said Lot 2 a distance of 107.92 feet; thence
South 60 degrees 45 minutes 57 seconds West a distance of 102.48 feet to the
westerly line of Lot 2; thence South 02 degrees 33 minutes 23 seconds East
along said westerly line of Lot 2 a distance of 11.10 feet to the point of
beginning; containing 508 square feet, more or less, and subject to easements
of record in said County and State.
Subd. 2. [85.012] [Subd. 59.] Whitewater State Park, Winona County. The
following area is added to Whitewater State Park, Winona County: that part of
the Southeast Quarter of Section 18, Township 107 North, Range 10 West, Winona
County, Minnesota, described as follows: commencing at the southwest corner of
the Northwest Quarter of Section 17, Township 107 North, Range 10 West; thence
on an assumed bearing of South 89 degrees 26 minutes 39 seconds East along the
south line of said Northwest Quarter, 303.04 feet; thence continue South 89
degrees 26 minutes 39 seconds East along said south line 1327.79 feet; thence
South 00 degrees 33 minutes 21 seconds West, 300.00 feet; thence North 89
degrees 26 minutes 39 seconds West parallel with said south line, 1027.83 feet;
thence South 00 degrees 33 minutes 21 seconds West, 300.00 feet; thence North
89 degrees 26 minutes 39 seconds West parallel with said south line, 597 feet,
more or less, to the intersection with the east line of the Southeast Quarter
of said Section 18 being also the POINT OF BEGINNING; thence North 89 degrees
26 minutes 39 seconds West parallel with said south line, 330 feet, more or
less, to the centerline of a township road; thence North 16 degrees 01 minutes
55 seconds West along said centerline, 170.44 feet; thence northwesterly along
said centerline on a tangential curve concave southwesterly, having a central
angle of 10 degrees 57 minutes 52 seconds, radius of 2426.00 feet, for an arc
length of 464.25 feet to the north line of said Southeast Quarter of Section
18; thence North 89 degrees 48 minutes 48 seconds East along the north line of
said Southeast Quarter, 547.06 feet to the southwest corner of said Northwest
Quarter; thence South 00 degrees East, a distance of 600 feet, more or less,
along the said east line to the POINT OF BEGINNING. Containing 5.78 acres, more
or less.
Sec. 74. DELETIONS FROM STATE PARKS.
[85.012] [Subd. 16.] Flandrau State Park, Brown
County. The following area is
deleted from Flandrau State Park, Brown County: that part of Outlot 293 in the
city of New Ulm, according to the Plat of the City of New Ulm, of record in the
Office of the County Recorder, Brown County, Minnesota, described as follows:
commencing at the southerly most corner of Lot 2, Block One, Conklin Addition
in the city of New Ulm, Brown County, Minnesota; thence North 55 degrees 29
minutes 26 seconds East (assumed bearing), along the southeasterly line of said
Lot 2, a
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distance of 107.92 feet to the point of beginning;
thence continuing North 55 degrees 29 minutes 26 seconds East, along said
southerly line of Lot 2, a distance of 80.95 feet, to the easterly most corner
of said Lot 2; thence South 19 degrees 33 minutes 58 seconds East, along the
southeasterly prolongation of the easterly line of said Lot 2, a distance of
10.0 feet; thence South 62 degrees 31 minutes 07 seconds West, 78.97 feet to
the point of beginning, containing 391 square feet, more or less, and subject
to easement of record in said county and state.
Sec. 75. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows:
(1) Government Lot 3,
Section 24, Township 50 North, Range 25 West, containing 5.8 acres, more or
less; and
(2) Government Lot 4,
Section 24, Township 50 North, Range 25 West, containing 0.9 acres, more or
less.
(d) The land borders the
Willow River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 76. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: Government Lot 2,
Section 8, Township 48 North, Range 25 West, containing 34.6 acres, more or
less.
(d) The land borders Gun
Lake. The Department of Natural Resources has determined that school trust
management interests would best be served if the land was sold.
Sec. 77. PUBLIC SALE OF CONSOLIDATED CONSERVATION
LAND BORDERING PUBLIC WATER; AITKIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, and the classification provisions of
Minnesota Statutes, chapters 84A and 282, Aitkin County may sell by public sale
the consolidated conservation land bordering public water that is described in paragraph
(c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: Government Lot 1,
Section 7, Township 47 North, Range 26 West, containing 1.25 acres, more or
less.
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(d) The land borders the
Mississippi River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 78. PRIVATE SALE OF CONSOLIDATED
CONSERVATION LAND; AITKIN COUNTY.
(a) Notwithstanding the
classification and public sale provisions of Minnesota Statutes, chapters 84A
and 282, the commissioner of natural resources may sell by private sale the
consolidated conservation land that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The consideration for the conveyance must be for no less than the
appraised value of the land and timber and survey costs. Proceeds shall be
disposed of according to Minnesota Statutes, chapter 84A.
(c) The land that may be
sold is located in Aitkin County and is described as follows: the North 370
feet of the East 590 feet of the Southeast Quarter of the Northeast Quarter,
Section 24, Township 48 North, Range 24 West, containing 5.0 acres, more or
less.
(d) The land will be sold
"as is" to the current leaseholder who will assume responsibility for
any site cleanup needed due to the use of the land for a concrete plant by the
previous leaseholder. The Department of Natural Resources has determined that
the land is not needed for natural resource purposes.
Sec. 79. PUBLIC SALE OF CONSOLIDATED CONSERVATION
LAND; AITKIN COUNTY.
(a) Notwithstanding the classification
provisions of Minnesota Statutes, chapters 84A and 282, Aitkin County may sell
by public sale the consolidated conservation land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Aitkin County and is described as follows: the Northeast
Quarter of the Northeast Quarter, Section 21, Township 47 North, Range 26 West,
containing 40 acres, more or less.
(d) The land is not
contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 80. CONVEYANCE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; BELTRAMI COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may convey to a governmental subdivision of the state for no
payment the surplus land bordering public water that is described in paragraph
(c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The conveyance must provide that the land described in paragraph (c)
be used for the public and reverts to the state if the governmental subdivision
fails to provide for public use or abandons the public use of the land.
(c) The land that may be
conveyed is located in Beltrami County and is described as follows: that part
of Government Lot 3, Section 4, Township 146 North, Range 34 West, described as
follows: starting from meander corner number 4, which is located on the north
section line of Section 4, Township 146 North, Range 34 West,
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1518.0 feet in an easterly direction from the
northwest corner of said section; thence South 16 degrees 17 minutes East a
distance of 131.6 feet; thence South 46 degrees 35 minutes East a distance of
206.8 feet; thence South 6 degrees 37 minutes East a distance of 89.4 feet;
thence South 14 degrees 32 minutes East a distance of 139.0 feet; thence South
10 degrees 34 minutes West a distance of 221.5 feet; thence South 83 degrees 46
minutes West a distance of 178.5 feet to the starting point; thence South 47
degrees 15 minutes West a distance of 275.0 feet; thence South 38 degrees 53
minutes East a distance of 285.7 feet; thence North 61 degrees 27 minutes East
a distance of 122.0 feet; thence North 73 degrees 47 minutes East a distance of
300.0 feet; thence North 12 degrees 40 minutes West a distance of 37.6 feet;
thence North 20 degrees 30 minutes West a distance of 113.5 feet; thence North
51 degrees 15 minutes West a distance of 320.7 feet; thence South 38 degrees 15
minutes West a distance of 116.8 feet to the starting point, containing 3.5
acres, more or less.
(d) The land borders Grant Lake
and is not contiguous to other state lands. The land was donated to the state
for use as a public campground and is used by local residents as a day-use
park. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land were conveyed to a local
unit of government.
Sec. 81. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to the Leech Lake Band of Ojibwe
for less than the value of the land as determined by the commissioner, but the
conveyance must provide that the land be used for the public and reverts to the
state if the band fails to provide for public use or abandons the public use of
the land. The commissioner may include conservation restrictions in the
conveyance deed to ensure the property is maintained as open space.
(c) The land that may be
sold is located in Cass County and is described as follows:
(1) Government Lot 3,
Section 14, Township 142 North, Range 29 West, containing 35.54 acres, more or
less; and
(2) Government Lot 6,
Section 14, Township 142 North, Range 29 West, containing 2.06 acres, more or
less.
(d) The land is located on
Bear Island in Leech Lake and is not contiguous to other state lands. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 82. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be sold
is located in Cass County and is described as follows: that part of Government
Lot 7, Section 28, Township 142 North, Range 26 West, described as follows:
commencing at the south quarter corner of said Section 28, from which the
southwest corner of said Section 28 bears, based on the Cass County Coordinate
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5668
System of NAD 1983, South 89 degrees 44 minutes 53
seconds West, 2775.06 feet; thence North 52 degrees 48 minutes 53 seconds West,
1326.13 feet to the southeast corner of that particular tract of land conveyed
to the state of Minnesota and filed for record on November 9, 1961, in Book 121
of Deeds, Page 598, and to a railroad spike on the centerline of County
State-Aid Highway 4; thence North 52 degrees 12 minutes 27 seconds West, 221.06
feet along the southwesterly line of said particular tract of land conveyed to
the state of Minnesota and the centerline of County State-Aid Highway 4 to a
spike; thence North 51 degrees 01 minutes 41 seconds West, 111.72 feet along
the southwesterly line of said particular tract of land conveyed to the state
of Minnesota and the centerline of County State-Aid Highway 4 to a mag nail and
the point of beginning of the land to be described; thence continuing North 51
degrees 01 minutes 41 seconds West, 41.42 feet along the southwesterly line of
said particular tract of land conveyed to the state of Minnesota and the
centerline of County State-Aid Highway 4 to a mag nail; thence North 13 degrees
19 minutes 36 seconds East, 144.63 feet to a 3/4" x 24" rebar with
plastic cap stamped "MN DNR LS 17005" (DNR MON); thence continuing
North 13 degrees 19 minutes 36 seconds East, 5 feet, more or less, to the
water's edge of Little Sand Lake; thence southeasterly, a distance of 50 feet,
more or less, along said water's edge to a line which bears North 13 degrees 19
minutes 36 seconds East from the point of beginning; thence South 13 degrees 19
minutes 36 seconds West, 5 feet, more or less, to a DNR MON, thence continuing
South 13 degrees 19 minutes 36 seconds West, 129.22 feet to the point of
beginning and there terminating. Containing 0.12 acres, more or less, subject
to existing road easements.
(d) The land is located on
Little Sand Lake. The sale will be to the adjoining landowner in conjunction
with an acquisition to resolve an unintentional trespass by the state which
occurred when the Department of Natural Resources constructed a water access
site.
Sec. 83. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be in
a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows: the Northwest Quarter
of the Northeast Quarter, Section 33, Township 63 North, Range 3 East,
containing 40 acres, more or less.
(d) The land borders Mons
Creek and was acquired in a land exchange in 2003. The Department of Natural
Resources has determined that school trust management interests would best be
served if the land was sold.
Sec. 84. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows:
(1) Outlot A & Caribou
Backlot, Cook County. Outlot A of White Sky, according to the plat on file and
of record in the Office of the Recorder for Cook County, Minnesota, containing
0.74 acres, more or less; and
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Day - Monday, May 7, 2007 - Top of Page 5669
(2) that part of Government
Lot 4, Section 2, Township 60 North, Range 3 West, lying northerly of Cook
County Road 4, southerly of the plat of White Sky, and westerly of Lot 1, Block
1 of White Sky First Addition, according to the plats on file and of record in
the Office of the Recorder for Cook County, containing 1.02 acres, more or
less.
(d) The land borders Caribou
Lake. The Department of Natural Resources has determined that school trust
management interests would best be served if the lands were sold.
Sec. 85. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; COOK COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be in
a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Cook County and is described as follows: that part of Government
Lot 10, Section 35, Township 65 North, Range 1 West, more fully described as
follows: being the easterly 863.9 feet of Government Lot 10, EXCEPT the
southerly 40.3 feet thereof. The west and south boundary lines being
perpendicular to and parallel with the south boundary of Government Lot 10,
respectively. Containing 3.3 acres, more or less.
(d) The land borders West
Bearskin Lake, was acquired in a land exchange in 2000, and is not contiguous
to other state lands. The Department of Natural Resources has determined that
school trust management interests would best be served if the land was sold.
Sec. 86. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; CROW WING COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may sell
by private sale the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. Prior to
the sale, the commissioner of revenue shall grant a permanent conservation
easement according to Minnesota Statutes, section 282.37, to protect aquatic
habitat. The easement must be approved by the Crow Wing County Board and the
commissioner of natural resources.
(c) The land to be sold is
located in Crow Wing County and is described as: Government Lot 1, Section 26,
Township 138 North, Range 27 West, city of Fifty Lakes.
(d) The county has
determined that the county's land management interests would best be served if
the land was returned to private ownership.
Sec. 87. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; CROW WING COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Crow Wing County may sell
to the city of Crosby the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5670
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be sold is
located in Crow Wing County and is described as:
Of a tract of land lying
south of the herein described line and being out of and part of the Southeast
Quarter of the Northwest Quarter, Section 11, Township 46 North, Range 29 West,
except part to the city of Crosby, Crow Wing County, Minnesota, said line
described as follows: Commencing at the center of Section 11, thence South 88
degrees 59 minutes 19 seconds West, coincident with the south line of said
Southeast Quarter of the Northwest Quarter, 1291.01 feet to the southwest
corner of said Southeast Quarter of the Northwest Quarter; thence North 02
degrees 09 minutes 21 seconds East, coincident with the west line of said
Southeast Quarter of the Northwest Quarter, 531.93 feet to the point of
beginning of the line herein described; thence through and across said
Southeast Quarter of the Northwest Quarter of the following 21 courses and
distances:
(1) South 71 degrees 26
minutes 55 seconds East, 27.36 feet;
(2) South 33 degrees 07
minutes 48 seconds East, 34.76 feet;
(3) South 87 degrees 03 minutes
06 seconds East, 64.17 feet;
(4) South 61 degrees 33
minutes 20 seconds East, 45.74 feet;
(5) South 72 degrees 07
minutes 59 seconds East, 112.59 feet;
(6) South 77 degrees 44
minutes 53 seconds East, 56.34 feet;
(7) North 70 degrees 49
minutes 46 seconds East, 83.42 feet;
(8) South 76 degrees 32
minutes 31 seconds East, 94.57 feet;
(9) North 80 degrees 41
minutes 54 seconds East, 33.03 feet;
(10) North 83 degrees 09
minutes 05 seconds East, 41.90 feet;
(11) North 68 degrees 51
minutes 01 seconds East, 175.87 feet;
(12) South 58 degrees 17
minutes 34 seconds East, 54.35 feet;
(13) South 80 degrees 01
minutes 47 seconds East, 43.42 feet;
(14) North 36 degrees 43
minutes 03 seconds East, 84.81 feet;
(15) North 60 degrees 06 minutes
12 seconds East, 57.47 feet;
(16) South 83 degrees 31
minutes 42 seconds East, 90.21 feet;
(17) North 73 degrees 59
minutes 37 seconds East, 57.44 feet;
(18) South 65 degrees 21
minutes 29 seconds East, 81.38 feet;
(19) North 86 degrees 47
minutes 22 seconds East, 75.46 feet;
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5671
(20) North 47 degrees 10
minutes 02 seconds East, 52.07 feet; and
(21) North 63 degrees 13
minutes 46 seconds East, 48.20 feet
to the point of termination from which the point of
commencing bears South 01 degrees 27 minutes 31 seconds West, 572.34 feet.
(d) The county has
determined that the county's land management interests would best be served if
the land was sold to the city of Crosby.
Sec. 88. CONVEYANCE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; DAKOTA COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 103F.535, and 282.018, subdivision 1, and
the public sale provisions of Minnesota Statutes, chapter 282, Dakota County
may sell or convey to the township of Ravenna for no consideration the
tax-forfeited land bordering public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general and provide that the land reverts to
the state if the township of Ravenna stops using the land for the public
purpose described in paragraph (d). The conveyance is subject to restrictions
imposed by the commissioner of natural resources. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be conveyed
is located in Dakota County and is described as: Unplatted, Section 21,
Township 114, Range 16, Southeast Quarter of the Southwest Quarter, less
various tracts, except West 870 feet of South 729.29 feet, except part of North
594 feet lying west of Ravenna Trail, except South 480 feet lying east of West
870 feet, except beginning at the northwest corner of the Southeast Quarter of
the Southwest Quarter East 22R South 20R southwest to point on west line 22R
South of beginning North 22R to beginning, except parcels 33-02100-030-53,
33-02100-040-53, 33-02100-050-53, 33-02100-060-53, and 33-02100-080-53. (Dakota
County tax identification number 33-02100-018-54).
(d) The county has determined
that the land is needed by the township of Ravenna for drainage and access to
culverts.
Sec. 89. PRIVATE SALE OF SURPLUS STATE LAND;
HENNEPIN COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources
may sell by private sale to a governmental subdivision the surplus land that is
described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land described in paragraph
(c) be used for the public and reverts to the state if the governmental
subdivision fails to provide for public use or abandons the public use of the
land. The commissioner may include conservation restrictions in the conveyance
deed to ensure the property is maintained as open space.
(c) The land that may be
sold is located in Hennepin County and is described as follows:
(1) the Northwest Quarter of
Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
right-of-way, containing 39 acres, more or less;
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(2) the east six and
two-thirds acres of the West Half of the Southeast Quarter of the Southwest
Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
containing 6.67 acres, more or less; and
(3) the West Quarter of the
East Half of the Southeast Quarter of the Southwest Quarter, Section 36,
Township 120 North, Range 22 West, less road right-of-way, containing 4.87
acres, more or less.
(d) The land was conveyed to
the state for wild game reservation purposes. Due to adjacent residential use
and local zoning restrictions, the land is no longer available for hunting
purposes. The Department of Natural Resources has determined that the state's
land management interests would best be served if the lands were conveyed to a
local unit of government.
Sec. 90. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; HENNEPIN COUNTY.
(a) Notwithstanding Minnesota
Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural
resources may sell by private sale to a governmental subdivision the surplus
land bordering public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land described in
paragraph (c) be used for the public and reverts to the state if the
governmental subdivision fails to provide for public use or abandons the public
use of the land.
(c) The land that may be
sold is located in Hennepin County and is described as follows: all that part
of the Northwest Quarter of the Southwest Quarter and Government Lot 2, Section
25, Township 120 North, Range 22 West, lying north and westerly of the
following described line: beginning at a point on the west line of said section
830.19 feet South of the west 1/4 corner thereof; thence North 36 degrees 55
minutes East, 109.88 feet; thence North 00 degrees 00 minutes, 1217.3 feet more
or less to the water's edge of Haydens Lake. Subject to existing road
easements. Containing 1.9 acres, more or less.
(d) The land was purchased
by the state for a water access site but has never been used as a water access
site. The Department of Natural Resources has determined that the state's land
management interests would best be served if the land was conveyed to a local
unit of government.
Sec. 91. TAX-FORFEITED LANDS LEASE; ITASCA
COUNTY.
Notwithstanding Minnesota
Statutes, section 282.04, or other law to the contrary, the Itasca County
auditor may lease tax-forfeited land to Minnesota Steel for a period of 20
years, for use as a tailings basin and buffer area. A lease entered under this
section is renewable.
Sec. 92. PUBLIC OR PRIVATE SALE OF SURPLUS STATE
LAND BORDERING PUBLIC WATER; KITTSON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by public or private sale the surplus land bordering
public water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may sell the land to a governmental subdivision of
the state for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land be used for the
public and reverts to the state if the governmental subdivision fails to
provide for public use or abandons the public use of the land.
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Day - Monday, May 7, 2007 - Top of Page 5673
(c) The land that may be
sold is located in Kittson County and is described as follows:
(1) Parcel 1: Lot 7, Block 4,
Park Addition to Bronson, lying in the Southwest Quarter of the Southwest
Quarter, Section 30, Township 161 North, Range 46 West, containing 0.92 acres,
more or less;
(2) Parcel 2: that part of
Lots 5 and 6, Block 4, Park Addition to Bronson, lying in the Southwest Quarter
of the Southwest Quarter, Section 30, Township 161 North, Range 46 West, more
particularly described as follows: commencing at the midpoint of the west line
of said Lot 5, which point is 33 feet East of the west line of said Southwest
Quarter of the Southwest Quarter of Section 30; thence East and parallel to the
south line of said Lot 5, a distance of 157 feet; thence South on a straight
line at right angles to the immediately preceding line of this description to
the center of the south branch of Two Rivers; thence northwesterly along the
center line of said south branch of Two Rivers to its intersection with a north
and south line parallel to the west line of said Southwest Quarter of the
Southwest Quarter of Section 30, and distant 33 feet East therefrom, which line
is also the west line of said Block 4; thence North along said west line of
said Block 4, to the point of beginning, containing 0.39 acres, more or less;
(3) Parcel 12: that part of Block
4, of the Park Addition to the village of Bronson, Kittson County, Minnesota,
which may be more particularly described as follows: Lot 6, Block 4, with the
exception of a tract consisting of the westerly 157 feet of said Lot 6, deeded
to the Olof Locken Post, No. 315, of the American Legion, containing 0.68
acres, more or less; ALSO the following described portion of Lot 8 of said
Block 4: commencing at a point on the west line of said Lot 8, 140 feet North
of the southwest corner of said Lot 8; thence North along said west line of Lot
8, a distance of 68 feet; thence East at right angles to the said west line of
Lot 8 to the east line of said Lot 8; thence South along the east line of said
Lot 8, a distance of 68 feet; thence West at right angles to said east line of
Lot 8 to the point of beginning, containing 0.05 acres, more or less; EXCEPTING
therefrom the following described tract of land: commencing at the northeast
corner of Block 4 in Park Addition to the village of Lake Bronson; thence South
at right angles a distance of 265 feet to the point of beginning; thence West
at right angles a distance of 143 feet; thence South at right angles a distance
of 111 feet to the center of the Two Rivers; thence East at right angles a
distance of 143 feet to the east line of Lot 8; thence North at right angles a
distance of 111 feet to the point of beginning, being a part of Lot 6 and Lot 8
of Block 4, containing altogether 0.75 acres, more or less; and
(4) Parcel 13: that part of
Lot 8, Block 4 of the Park Addition to the village of Bronson, Kittson County,
Minnesota, which may be more particularly described as follows: the South 140
feet of said Lot 8, Block 4, containing 0.10 acres, more or less; ALSO the
following portion of said Lot 8: commencing at a point on the west line of said
Lot 8, 208 feet North of the southwest corner of said Lot 8; thence North along
said west line of Lot 8, a distance of 5.6 feet; thence East at right angles to
said west line of Lot 8 to the east line of said Lot 8, thence South along said
east line of Lot 8, a distance of 5.8 feet; thence West at right angles to said
east line of Lot 8, to the point of beginning, containing 0.004 acres, more or
less; containing altogether 0.104 acres, more or less.
(d) The land borders South
Branch Two Rivers and is not contiguous to other state lands. The land was
acquired for park purposes but was not included in a state park. The Department
of Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 93. PRIVATE SALE OF SURPLUS STATE LAND;
KITTSON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5674
(c) The land that may be
sold is located in Kittson County and is described as follows: a parcel of land
in the Southwest Quarter of the Southeast Quarter of Section 30, Township 161
North, Range 46 West, more particularly described as follows: beginning at a
point which is 33 feet North of the south line and 422 feet East of the west
line of said Southwest Quarter of the Southeast Quarter; thence East parallel
to said south line, 726 feet; thence North parallel to said west line, 300
feet; thence West parallel to said south line, 726 feet; thence South parallel
to said west line, 300 feet to the point of beginning. Containing 5.00 acres,
more or less.
(d) The sale may be to
multiple parties, including the county for the county highway right-of-way, the
township for the township road, and adjoining landowners to resolve
unintentional agricultural trespasses. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 94. PRIVATE SALE OF SURPLUS STATE LAND; LAKE
COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Lake County and is described as follows: that part of the
Northeast Quarter of the Southwest Quarter, Section 16, Township 57 North,
Range 6 West, described as follows: commencing at the southeast corner of said
Northeast Quarter of the Southwest Quarter marked by a DNR survey marker (3/4
inch x 18 inch rebar with an orange cap marked MN DNR LS 16098); thence North
89 degrees 11 minutes 24 seconds West based on the Lake County Coordinate
System North Shore Zone, NAD83, 1986 adjustment, along the south line of said
Northeast Quarter of the Southwest Quarter, 439.78 feet to a DNR survey marker
on the westerly right-of-way of Trunk Highway 61 and the point of beginning;
thence continuing North 89 degrees 11 minutes 24 seconds West along said south
line 426.27 feet to a DNR survey marker; thence North 00 degrees 48 minutes 36
seconds East 100.00 feet to a DNR survey marker; thence South 89 degrees 11
minutes 24 seconds East 494.20 feet to a DNR survey marker on said westerly
right-of-way; thence South 34 degrees 59 minutes 57 seconds West along said
westerly right-of-way 120.89 feet, more or less, to the point of beginning.
Containing 1.06 acres, more or less.
(d) The sale would be to the
adjoining landowner and resolve an unintentional trespass that occurred when a
garage was constructed on state-owned land. The Department of Natural Resources
has determined that the land is not needed for natural resource purposes.
Sec. 95. PRIVATE SALE OF SURPLUS STATE LAND; LAKE
COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Lake County and is described as follows: that part of the
Northwest Quarter of the Southeast Quarter, Section 16, Township 57 North,
Range 6 West, described as follows: commencing at the northwest corner of said
Northwest Quarter of the Southeast Quarter marked by a DNR survey marker (3/4
inch x 18 inch rebar with an orange cap marked MN DNR LS 16098); thence South
89 degrees 14 minutes 10 seconds East based on the Lake County Coordinate
System North Shore Zone, NAD83, 1986 adjustment, along the north line of said
Northwest Quarter of the Southeast Quarter, 191.15 feet to a DNR survey marker
and the point of beginning; thence continuing South 89 degrees 14 minutes 10
seconds East along said north
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5675
line 264.92 feet to a DNR
survey marker on the westerly right-of-way of Trunk Highway 61; thence South 34
degrees 59 minutes 57 seconds West along said westerly right-of-way 200.00
feet; thence North 41 degrees 54 minutes 07 seconds West 224.87 feet, more or
less, to the point of beginning. Containing 0.50 acres, more or less.
(d) The sale would be to the
adjoining landowner and resolve an unintentional trespass that occurred when a
garage and house were constructed on state-owned land. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 96. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; LAKE COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, Lake County may sell by
private sale the tax-forfeited land bordering public water that is described in
paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general for a consideration of $1 and
relinquishment of a four-acre parcel of land that Lake County has used for road
relocation.
(c) The land to be sold is
located in Lake County and is described as: that part of the Southeast Quarter
of the Northwest Quarter, north of County State-Aid Highway 14, Section 20,
Township 55 North, Range 11 West.
(d) The county has
determined that the county's land management interests would best be served if
the land was returned to private ownership.
Sec. 97. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; NICOLLET COUNTY.
(a) Notwithstanding Minnesota
Statutes, section 92.45, the commissioner of natural resources may sell by
public sale the surplus land bordering public water that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Nicollet County and is described as follows:
(1) that part of the
Southwest Quarter and that part of the Southeast Quarter, Section 8, Township
109 North, Range 29 West, being described as a strip of land 300.0 feet in
width lying adjacent to and northerly of the following described centerline of
proposed channel change: commencing at the center of Section 8, Township 109
North, Range 20 West, from which the north quarter corner of said Section 8
bears North 0 degrees 00 minutes East, thence South 0 degrees 00 minutes East
for 1280 feet on said quarter line; thence South 90 degrees 00 minutes East for
54.9 feet to road station 40+40 on the centerline of County State-Aid Highway
24 which is the true point of beginning for the centerline of channel change;
thence South 75 degrees 58 minutes East for a distance of 553.5 feet on
centerline of channel change; thence South 75 degrees 58 minutes East for a
distance of 1540.0 feet and there terminating; and from the true point of
beginning North 77 degrees 58 minutes West for a distance of 770 feet and there
terminating; SAID LANDS ALSO DESCRIBED AS: a strip of land lying and being
300.0 feet each side of the following described centerline of proposed channel
change: beginning at a point 1280.0 feet South and 54.9 feet East of the center
of Section 8, Township 109 North, Range 29 West; thence easterly on a bearing
of South 77 degrees 00 minutes East for a distance of 553.5 feet; thence
easterly on a bearing of South 75 degrees 00 minutes East for a distance of
1540.0 feet and there terminating. This includes 3.005 acres in part of the
North Half of the Southeast Quarter of Section 8, Township 109 North, Range 29
West, and 10.932 acres in part of Government Lot 2 of Section 8, Township 109
North, Range 29 West. Also from the point of beginning, westerly on a bearing
of North 77 degrees 00 minutes West for a distance of 770.0 feet and there
terminating. This includes 4.098 acres in part of the Southwest Quarter of
Section 8, Township 109 North, Range 29 West. Containing 3.01 acres, more or
less; and
Journal of the House - 63rd
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(2) that part of the
Southwest Quarter and that part of the Southeast Quarter, Section 8, Township
109 North, Range 29 West, Nicollet County, Minnesota, being described as a
strip of land 300.0 feet in width lying adjacent to and southerly of the
following described centerline of proposed channel change: commencing at the
center of Section 8, Township 109 North, Range 20 West, from which the north
quarter corner of said Section 8 bears North 0 degrees 00 minutes East; thence
South 0 degrees 00 minutes East for 1280 feet on said quarter line; thence
South 90 degrees 00 minutes East for 54.9 feet to road station 40+40 on the
centerline of County State-Aid Highway 24 which is the true point of beginning
for the centerline of channel change; thence South 75 degrees 58 minutes East
for a distance of 553.5 feet on centerline of channel change; thence South 75
degrees 58 minutes East for a distance of 1540.0 feet and there terminating;
and from the true point of beginning North 77 degrees 58 minutes West for a
distance of 770 feet and there terminating; SAID LANDS ALSO DESCRIBED AS: a
strip of land lying and being 300.0 feet each side of the following described
centerline of proposed channel change: beginning at a point 1280.0 feet South
and 54.9 feet East of the center of Section 8, Township 109 North, Range 29
West; thence easterly on a bearing of South 77 degrees 00 minutes East for a
distance of 553.5 feet; thence easterly on a bearing of South 75 degrees 00
minutes East for a distance of 1540.0 feet and there terminating. This includes
3.005 acres in part of the North Half of the Southeast Quarter of Section 8,
Township 109 North, Range 29 West, and 10.932 acres in part of Government Lot 2
of Section 8, Township 109 North, Range 29 West. Also, from the point of beginning,
westerly on a bearing of North 77 degrees 00 minutes West for a distance of
770.0 feet and there terminating. This includes 4.098 acres in part of the
Southwest Quarter of Section 8, Township 109 North, Range 29 West. Containing
4.10 acres, more or less.
(d) The land borders the
Minnesota River. It was acquired when a new bridge was installed across the
river resulting in a realignment of the river channel. The Department of
Natural Resources has determined that the land is not needed for natural resource
purposes.
Sec. 98. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; RED LAKE COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in Red Lake County and is described as follows:
(1) Government Lot 10,
Section 31, Township 152 North, Range 40 West, containing 20.17 acres, more or
less; and
(2) Government Lot 3, Section
34, Township 152 North, Range 40 West, containing 21.7 acres, more or less.
(d) The land borders the
Clearwater River and is not contiguous to other state lands. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 99. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 92.45, the commissioner of natural resources may
sell by public sale the surplus land bordering public water that is described
in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
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(c) The land that may be
sold is located in St. Louis County and is described as follows: Government Lot
2, except the Northwest Quarter of Lot 2, Section 19, Township 58 North, Range
18 West, containing 30.84 acres, more or less.
(d) The land borders an
unnamed tributary to the West Two Rivers Reservoir. The Department of Natural
Resources has determined that the land is not needed for natural resource
purposes.
Sec. 100. PRIVATE SALE OF SURPLUS STATE LAND; ST.
LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural
resources may sell by private sale the surplus land that is described in
paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy.
(c) The land that may be
sold is located in St. Louis County and is described as follows: Government Lot
3, Section 18, Township 68 North, Range 19 West, containing 23.22 acres, more
or less.
(d) The sale will be to the
University of Minnesota for the off axis NOvA detector project. The Department
of Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 101. LAND EXCHANGE; ST. LOUIS COUNTY.
(a) The commissioner of
natural resources shall, with the approval of the Land Exchange Board as
required under the Minnesota Constitution, article XI, section 10, and
according to Minnesota Statutes, sections 94.343 to 94.347, exchange the land
described in paragraph (b). The commissioner shall offer to exchange the land
with the holder of Department of Natural Resources lease number 144-011-0587 by
December 31, 2007.
(b) The land to be exchanged
is located in St. Louis County and is described as follows: that part of
Government Lot 1, Section 6, Township 58 North, Range 17 West, containing 1.98
acres more or less, that is subject to Department of Natural Resources lease
number 144-011-0587.
Sec. 102. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public
sale provisions of Minnesota Statutes, chapter 282, St. Louis County may sell
by private sale the tax-forfeited land bordering public water that is described
in paragraph (c) under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. The
conveyance must reserve to the state a 100-foot easement along the shoreline to
protect vegetation and allow angling by the public and a 15-foot easement from
the public road right-of-way to allow angler walk-in access.
(c) The land to be sold is
located in St. Louis County and is described as: Lots 7, 8, and 9, Block 2,
Wonderland 1st Addition.
(d) The county has
determined that the county's land management interests would best be served if
the land was sold to an adjoining landowner.
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Sec. 103. PUBLIC SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis County
may sell the tax-forfeited land bordering public water that is described in
paragraph (c) under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy. The
conveyance must reserve to the state a 150-foot easement of 75 feet on each
side of the centerline of the East Branch of Chester Creek and a 100-foot
easement of 50 feet on each side of the centerline of tributaries of Chester
Creek.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) part of the Northeast
Quarter of the Southeast Quarter, Section 9, Township 50 North, Range 14 West;
and
(2) Lots 7, 8, 9, 34, 35,
36, 37, 58, 59, 60, and 61 and part of Lot 10, Englewood Farms.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 104. PRIVATE SALE OF TAX-FORFEITED LAND; ST.
LOUIS COUNTY.
(a) Notwithstanding the
public sale provisions of Minnesota Statutes, chapter 282, St. Louis County may
sell by private sale the tax-forfeited land that is described in paragraph (c)
under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
changes to the land description to correct errors and ensure accuracy.
(c) The land to be sold is
located in St. Louis County and is described as:
(1) part of the Southwest
Quarter of the Northwest Quarter, Section 1, Township 63 North, Range 18 West;
(2) part of the Southwest
Quarter of the Northeast Quarter, Section 28, Township 53 North, Range 13 West;
and
(3) part of the Northeast
Quarter of the Northeast Quarter, Section 9, Township 58 North, Range 16 West.
(d) The county has
determined that the county's land management interests would best be served if
the lands were returned to private ownership.
Sec. 105. SPARTA BEACH IN CITY OF GILBERT; ST.
LOUIS COUNTY.
(a) This section applies to
the land described in paragraph (b), which is owned by the city of Gilbert. The
legislature finds that any fill placed along the shoreline below the historical
high watermark prior to the effective date of this section does not extend
beyond the ordinary low watermark and does not interfere with the public right
of navigation or any other public right. Consistent with the common law of the
state, the state shall not dispute the right of the owner of the land, or the
owner's successors, to enjoy exclusive use of filled land in shallow waters
abutting the land, subject only to the limitation that the owner or owner's
successors shall not interfere with the public right of navigation.
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(b) The land referred to in
this section is described as follows:
That part of the North Half
of Government Lot 1, Section 35, Township 58 North, Range 17 West of the Fourth
Principal Meridian, St. Louis County, Minnesota, described as follows: Starting
at a pipe that is on the east side of Differding Road on the north line of the
plat of Birch View and assuming that the north line is East and West, thence
running North 49 degrees 56 minutes West a distance of 291.00 feet to the place
of beginning; thence running South 55 degrees 19 minutes West a distance of 135
feet to the shore of Ely Lake; Starting from the place of beginning, thence
running North 29 degrees 01 minutes West a distance of 436.50 feet; thence
running North 87 degrees 24 minutes West a distance of 302 feet to the shore of
Ely Lake; thence running along the shore to the intersection with the first
described.
Sec. 106. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; WASHINGTON COUNTY.
(a) Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of
natural resources may sell by private sale the surplus land bordering public
water that is described in paragraph (c).
(b) The conveyance must be
in a form approved by the attorney general. The attorney general may make
necessary changes to the legal description to correct errors and ensure
accuracy. The commissioner may only sell the land to a governmental subdivision
of the state. The conveyance may be for less than the value of the land as
determined by the commissioner, but the conveyance must provide that the land
be used for the public and reverts to the state if the governmental subdivision
fails to provide for public use or abandons the public use of the land.
(c) The land that may be
sold is located in Washington County and is described as follows, Parcels A and
B containing altogether 31.55 acres, more or less:
(1) Parcel A: all that part
of the North Half of the Southeast Quarter, Section 30, Township 30 North,
Range 20 West, bounded by the following described lines: commencing at the east
quarter corner of said Section 30; thence on an assumed bearing of North 88
degrees 13 minutes 48 seconds West, 399.98 feet on and along the east-west
quarter line of said Section 30 to the point of beginning; thence North 88
degrees 13 minutes 48 seconds West, 504.57 feet on and along the said east-west
quarter line; thence South 17 degrees 54 minutes 26 seconds West, 1377.65 feet
to a point on the south 1/16 line of said Section 30; thence South 88 degrees 10
minutes 45 seconds East, 504.44 feet on and along the south 1/16 line of said
Section 30; thence North 17 degrees 54 minutes 26 seconds East, 1378.11 feet to
the point of beginning; and
(2) Parcel B: all that part
of the North Half of the Southeast Quarter, Section 30, Township 30 North,
Range 20 West, bounded by the following described lines: commencing at the east
quarter corner of said Section 30; thence on an assumed bearing of North 88
degrees 13 minutes 48 seconds West, 904.55 feet along the east-west quarter
line of said Section 30 to the point of beginning; thence South 17 degrees 54
minutes 26 seconds West, 1377.65 feet to a point on the south 1/16 line of said
Section 30; thence North 88 degrees 10 minutes 45 seconds West, 369.30 feet
along said south 1/16 line; thence North 42 degrees 24 minutes 47 seconds West,
248.00 feet; thence North 02 degrees 59 minutes 30 seconds East, 488.11 feet;
thence North 47 degrees 41 minutes 19 seconds East, 944.68 feet to a point on
the east-west quarter line of said Section 30; thence South 88 degrees 13
minutes 48 seconds East, 236.03 feet along said east-west quarter line to the
point of beginning.
(d) The land borders Long
Lake and is not contiguous to other state lands. The land was donated to the
state with the understanding that the land would be used as a wildlife
sanctuary. The Department of Natural Resources has determined that the land is
not needed for natural resource purposes.
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Sec. 107. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT
AREA.
(a) The following area is
established and designated as the Vermillion Highlands Wildlife Management
Area, subject to the special permitted uses authorized in this section:
The approximately 2,840
acres owned by the University of Minnesota lying within the area legally
described as approximately the southerly 3/4 of the Southwest 1/4 of Section 1,
the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the West
1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range
19 West, Dakota County.
(b) Notwithstanding
Minnesota Statutes, section 86A.05, subdivision 8, paragraph (c), permitted
uses in the Vermillion Highlands Wildlife Management Area include:
(1) education, outreach, and
agriculture with the intent to eventually phase out agriculture leases and
plant and restore native prairie;
(2) research by the
University of Minnesota or other permitted researchers;
(3) hiking, hunting,
fishing, trapping, and other compatible wildlife-related recreation of a
natural outdoors experience, without constructing new hard surface trails or
roads, and supporting management and improvements;
(4) designated trails for
hiking, horseback riding, biking, and cross-country skiing and necessary
trailhead support with minimal impact on the permitted uses in clause (3);
(5) shooting sports
facilities for sporting clays, skeet, trapshooting, and rifle and pistol shooting,
including sanctioned events and training for responsible handling and use of
firearms;
(6) grant-in-aid snowmobile
trails; and
(7) leases for small-scale
farms to market vegetable farming.
(c) With the concurrence of
representatives of the University of Minnesota and Dakota County, the
commissioner of natural resources may, by posting or rule, restrict the
permitted uses as follows:
(1) temporarily close areas
or trails, by posting at the access points, to facilitate hunting. When
temporarily closing trails under this clause, the commissioner shall avoid
closing all trail loops simultaneously whenever practical; or
(2) limit other permitted
uses to accommodate hunting and trapping after providing advance public notice.
Research conducted by the university may not be limited unless mutually agreed
by the commissioner and the University of Minnesota.
(d) Road maintenance within
the wildlife management area shall be minimized, with the intent to abandon
interior roads when no longer needed for traditional agriculture purposes.
(e) Money collected on
leases from lands within the wildlife management area must be kept in a
separate account and spent within the wildlife management area under direction
of the representatives listed in paragraph (c). $200,000 of this money may be
transferred to the commissioner of natural resources for a master planning
process and resource inventory of the land identified in Minnesota Statutes,
section 137.50, subdivision 6, in order to provide needed prairie and wetland restoration.
The commissioner must work with affected officials from the University of
Minnesota and Dakota County to complete these requirements and inform
landowners and lessees about the planning process.
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(f) Notwithstanding
Minnesota Statutes, sections 97A.061 and 477A.11, the state of Minnesota shall
not provide payments in lieu of taxes for the lands described in paragraph (a).
Sec. 108. CLAIR A. NELSON MEMORIAL FOREST, LAKE
COUNTY; TEMPORARY SUSPENSION OF APPORTIONMENT OF PROCEEDS FROM TAX-FORFEITED
LANDS.
(a) Upon approval of an
affected political subdivision within Lake County, the Lake County Board may
suspend the apportionment of the balance of net proceeds from tax-forfeited
lands within the affected political subdivision under Minnesota Statutes,
section 282.08, clause (4), item (iii), and retain the net proceeds. The
authority under this paragraph is available until Lake County suspends the
apportionment of net proceeds subject to item (iii) in the amount of $2,200,000
plus any interest costs incurred by the county to purchase land described in
this section. The money received by Lake County is to reimburse the county for
the purchase in 2006 of 6,085 acres of forest land named the Clair A. Nelson
Memorial Forest.
(b) Any revenue derived from
acquired land that was reimbursed under paragraph (a) is subject to
apportionment as provided in Minnesota Statutes, section 282.08.
EFFECTIVE DATE. This section is
effective retroactively from January 1, 2006.
Sec. 109. RULE AMENDMENTS.
The commissioner of natural
resources may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to amend rules to conform to sections 60 to
64. Minnesota Statutes, section 14.386, does not apply to the rulemaking under
this section except to the extent provided under Minnesota Statutes, section
14.388.
Sec. 110. LAKE TROUT REPORT.
By February 1, 2008, the
commissioner of natural resources must review and report to the legislative
policy committees with jurisdiction over natural resources on the pros and cons
of changing the winter lake trout season so that it would be open from the
Saturday nearest January 1 to March 31.
Sec. 111. ACCESS TO MINNESOTA OUTDOORS PLAN.
Subdivision 1. Walk-in access plan. (a) The commissioner of natural
resources shall prepare a plan for a walk-in public access program under which
the commissioner may encourage owners and operators of privately held land to
voluntarily make that land available for walk-in access by the public for
hunting and fishing under programs administered by the commissioner.
(b) As part of the plan, the
commissioner shall explore entering into contracts with the owners or lessees
of land to establish voluntary walk-in public access for hunting, fishing, or
other wildlife-dependent recreational activities.
(c) In the plan, the
commissioner must describe:
(1) the costs and benefits that
private land access will provide the public, such as hunting, fishing, bird
watching, and related outdoor activities; and
(2) the types of game, fish,
and wildlife habitat improvements made to the land that will enhance public
uses.
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(d) The commissioner shall
explore the effectiveness and public and private cost of walk-in public access
programs in other states and recommend walk-in program options for public
access to private lands for hunting, fishing, and related recreational
activities.
Subd. 2. Other law. Nothing in the plan may preempt trespass and
liability laws. Recommendations submitted by the commissioner of natural
resources under subdivision 3 shall include any changes to Minnesota Statutes,
sections 604A.20 to 604A.27, necessary to ensure that landowners are not
exposed to additional liability as a result of the walk-in access program.
Subd. 3. Report. The commissioner must present the walk-in public
access plan to the house and senate committees with jurisdiction over natural
resources policy and finance, with recommendations on program implementation,
by January 15, 2008.
Sec. 112. COCK PHEASANT BAG LIMIT; RULEMAKING.
The commissioner of natural
resources shall amend Minnesota Rules, part 6234.0400, subpart 2, to allow a
person to take up to three cock pheasants per day and have 12 in possession
after the 16th day of the pheasant season. The commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), to adopt the rule and Minnesota Statutes, section 14.386, does not apply,
except as provided under Minnesota Statutes, section 14.388.
Sec. 113. CROSSBOW DEER SEASON.
Notwithstanding Minnesota
Statutes, section 97B.035, or other law to the contrary, the commissioner of
natural resources shall establish an open season for taking deer by crossbow
during the regular firearm season each year. Crossbows must meet the
requirements of Minnesota Statutes, section 97B.106, subdivision 2. A person
taking deer by crossbow must have a crossbow deer hunting license. The fee for
a resident crossbow deer hunting license is $26 and the fee for a nonresident
crossbow deer hunting license is $135. The commissioner may adopt exempt rules
regulating the crossbow deer season according to Minnesota Statutes, section
14.386. Notwithstanding Minnesota Statutes, section 14.386, a rule adopted
under this section is effective until January 1, 2009.
EFFECTIVE DATE. This section is effective
the day following final enactment and expires January 1, 2009.
Sec. 114. CROSSBOW SEASON REPORT.
By February 1, 2009, the
commissioner of natural resources shall submit a report to the chairs of the house
and senate committees having jurisdiction over natural resources that includes
the number of crossbow deer season licenses issued under section 50 and
addresses whether there was an increase in hunting problems during the time a
crossbow deer season was permitted.
Sec. 115. RULE AMENDMENTS.
The commissioner of natural
resources shall amend Minnesota Rules, parts 6262.0100, subpart 5, item D, and
6266.0700, subpart 3, to allow an angler in an icehouse to possess fillets of a
fish with size restrictions if the angler is preparing and using the fish for a
meal. The commissioner may use the good cause exemption under Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to adopt rules according
to this section and Minnesota Statutes, section 14.386, does not apply except
as provided under Minnesota Statutes, section 14.388.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 116. REPEALER.
Minnesota Statutes 2006,
sections 85.015, subdivision 11; 97A.475, subdivision 38; and 97C.365; and Laws
2006, chapter 236, article 1, section 2, are repealed.
Sec. 117. EFFECTIVE DATE.
Sections 2, 3, 17, 18, 68,
69, and 72 to 106 are effective the day following final enactment.
ARTICLE 2
ENVIRONMENT POLICY
Section 1. Minnesota
Statutes 2006, section 103F.205, subdivision 1, is amended to read:
Subdivision 1. Applicability. The definitions in this
section apply to sections 103F.201 to 103F.221 103F.227.
Sec. 2. [103F.227] SHORELAND DEVELOPMENT; EXISTING RESORTS.
Subdivision 1. Applicability. This section applies statewide and
preempts local ordinances that are inconsistent with its terms.
Subd. 2. Resort defined. For purposes of this section,
"resort" means a shoreland commercial establishment, existing on or
before August 1, 2007, that includes buildings, lodges, structures, dwelling
units, camping or recreational vehicle sites, or enclosures, or any part
thereof kept, used, maintained, or advertised as or held out to the public to
be a place where sleeping accommodations are furnished to the public, primarily
to those seeking recreation, for periods of one day or longer, and having for
rent three or more cabins, rooms, campsites, or enclosures. These
establishments must be primarily service oriented for transient lodging of
guests. All cabins, rooms, dwelling units, camping or recreational vehicle
sites, or enclosures must be included in the resort rental business. Resorts
allow no residential use of a dwelling unit or site, except dwellings used as
residences for the service providers or dwelling units or sites for renters. To
qualify as a resort under this section, a resort must be fully licensed and
permitted under appropriate state and local regulations. The entire parcel of
land must be controlled and managed by the licensee.
Subd. 3. Maintenance and replacement. (a) So long as the
establishment continues to operate as a resort, a county or municipality must
allow a resort owner to:
(1) maintain structures,
which includes replacing aging or outdated components or systems of the
structure that do not increase the structure footprint; and
(2) replace structures
damaged or lost to fire or natural disaster.
(b) Paragraph (a), clause
(2), applies only when an application for a building permit is made within 180
days of the damage or loss.
Subd. 4. Expansion. A county or municipality must allow a resort
owner to increase a structure footprint to minimally meet federal, state, or
local dwelling standards or codes. To "minimally meet" such standards
or codes means that the replacement structure does not add new architectural
elements, such as more bedrooms, that the original structure did not have.
Structural expansion under this subdivision must not result in the structure
being any larger than required to meet standards or codes or the structure or
any portion thereof being any closer to the shoreline than prior to the
expansion.
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Subd. 5. Change in ownership. A change in ownership of a resort
shall not be construed as a conversion to a different use so long as the new
owner continues to use the property as a resort.
Sec. 3. [114E.01] SHORT TITLE.
This chapter may be cited as
the Uniform Environmental Covenants Act.
Sec. 4. [114E.05] DEFINITIONS.
Subdivision 1. Scope. For the purposes of this chapter, the definitions
in this subdivision have the meanings given.
Subd. 2. Activity and use limitations. "Activity and use
limitations" means restrictions or obligations with respect to real
property that are associated with an environmental response project.
Subd. 3. Common interest community. "Common interest
community" means a common interest community as defined in chapter 515B.
Subd. 4. Environmental agency. "Environmental agency"
means the Pollution Control Agency, Agriculture Department, or another state or
federal agency that determines or approves the environmental response project
pursuant to which the environmental covenant is created.
Subd. 5. Environmental covenant. "Environmental
covenant" means a servitude created under this chapter that imposes activity
and use limitations.
Subd. 6. Environmental response project. "Environmental
response project" means a plan or work performed to clean up, eliminate,
investigate, minimize, mitigate, or prevent the release or threatened release
of contaminants affecting real property in order to protect public health or
welfare or the environment, including:
(1) response or corrective
actions under federal or state law, including chapters 115B, 115C, 115E, and
116, and the Comprehensive Environmental Response, Compensation and Liability
Act, United States Code, title 44, section 9601, et seq.;
(2) corrective actions or
response to agricultural chemical incidents under chapters 18B, 18C, 18D, and
18E; and
(3) closure, contingency, or
corrective actions required under rules or regulations applicable to waste
treatment, storage, or disposal facilities or to above or below ground tanks.
Subd. 7. Holder. "Holder" means any person identified as
a holder of an environmental covenant as specified in section 114E.10, paragraph
(a).
Subd. 8. Person. "Person" means an individual,
corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, political subdivision
or special purpose unit of government, agency, or instrumentality of the state
or federal government, or any other legal or commercial entity.
Subd. 9. Record. "Record," used as a noun, means
information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
Subd. 10. Recorded. "Recorded" means recorded with the
county recorder or registrar of title, as applicable, in each county where the
real property is located.
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Subd. 11. State. "State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the jurisdiction of
the United States.
Sec.
5. [114E.10] NATURE OF RIGHTS; ROLE
OF ENVIRONMENTAL AGENCY; SUBORDINATION OF
INTERESTS.
(a) Any person, including a
person that owns an interest in the real property subject to the environmental
convenant, the environmental agency, or any other political subdivision or unit
of local government, may be a holder. An environmental covenant may identify
more than one holder. The interest of a holder is an interest in real property.
The holder is the grantee of the real property interest conveyed under an environmental
covenant.
(b) Unless an environmental
agency is a holder, any right that the agency may have with respect to an
environmental covenant does not constitute an interest in real property.
Approval of an environmental covenant does not make the environmental agency a
holder unless it has authority under law other than this chapter to acquire an
interest in real property for purposes related to an environmental response
project and it is expressly identified as a holder in the environmental
covenant.
(c) An environmental agency
is bound by any obligation it assumes in an environmental covenant, but an
environmental agency does not assume obligations merely by signing an
environmental covenant. As provided in section 114E.15, an environmental
covenant is not valid unless signed by the environmental agency and the
environmental agency may set reasonable conditions for its approval of an
environmental covenant. When the environmental agency is a federal agency, the
covenant must also be approved and signed by the state environmental agency
that has authority under state law to address the release or threatened release
involved in the environmental response project. Any other person that signs an
environmental covenant is bound by the obligations the person expressly assumes
in the covenant, but signing the covenant does not change obligations, rights,
or protections granted or imposed under law other than this chapter except as
provided in the covenant.
(d) The following rules
apply to interests in real property in existence at the time an environmental
covenant is created or amended:
(1) an interest that has
priority under other law is not affected by an environmental covenant unless
the person that owns the interest subordinates that interest to the covenant;
(2) this chapter does not
require a person that owns a prior interest to subordinate that interest to an
environmental covenant or to agree to be bound by the covenant;
(3) a subordination
agreement may be contained in an environmental covenant or in a separate record
that is recorded. If the environmental covenant covers commonly owned property
in a common interest community, the environmental covenant or the subordination
agreement may be signed by any person authorized by the governing board of the
owners' association; and
(4) an agreement by a person
to subordinate a prior interest to an environmental covenant affects the
priority of that person's interest but does not by itself impose any
affirmative obligation on the person with respect to the environmental
covenant.
Sec. 6. [114E.15] CONTENTS OF ENVIRONMENTAL COVENANT.
(a) An environmental
covenant must:
(1) state on its first page
that the instrument is an environmental covenant executed pursuant to this
chapter;
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(2) contain a legally
sufficient description of the real property subject to the covenant;
(3) describe the activity
and use limitations on the real property;
(4) identify every holder;
(5) be signed and
acknowledged by the environmental agency, every holder, and every owner of the
fee simple title to the real property subject to the covenant; and
(6) identify the name and
location of any administrative record for the environmental response project
reflected in the environmental covenant.
(b) In addition to the
information required by paragraph (a), an environmental covenant may contain
other information, restrictions, and requirements agreed to by the persons who
signed it, including any:
(1) requirements for notice
of any transfer of a specified interest in, or concerning proposed changes in
use of, applications for building permits for, or proposals for any site work
affecting the contamination or the environmental response project on, the real
property subject to the covenant;
(2) requirements for
periodic reporting describing compliance with the covenant;
(3) rights of access to the
real property granted in connection with implementation or enforcement of the
covenant;
(4) a brief narrative description
of the contamination and environmental response project, including the
contaminants of concern, the pathways of exposure, limits on exposure, and the
location and extent of the contamination;
(5) limitation on amendment
or termination of the covenant in addition to those contained in sections
114E.40 and 114E.45;
(6) rights of the holder in
addition to its right to enforce the covenant pursuant to section 114E.50; and
(7) waiver of a party's
right to consent to the amendment or termination of a covenant under section
114E.45, paragraph (a), clause (3).
(c) The environmental agency
may set reasonable conditions for its approval of an environmental covenant,
including:
(1) requiring that persons
specified by the agency that have interests in the real property also sign the
covenant;
(2) requiring that a person
who holds a prior interest in the real property subject to the covenant agree
to subordinate that interest where applicable; and
(3) requiring the inclusion within
the text of the covenant information, restrictions, or requirements as
described in paragraph (b).
Sec. 7. [114E.20] VALIDITY; EFFECT ON OTHER INSTRUMENTS.
(a) An environmental
covenant created under this chapter runs with the land.
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(b) An environmental
covenant that is otherwise effective is valid and enforceable even if:
(1) it is not appurtenant to
an interest in real property;
(2) it can be or has been
assigned to a person other than the original holder;
(3) it is not of a character
that has been recognized traditionally at common law;
(4) it imposes a negative
burden;
(5) it imposes an
affirmative obligation on a person having an interest in the real property or
on the holder;
(6) the benefit or burden
does not touch or concern real property;
(7) there is no privity of
estate or contract;
(8) the holder dies, ceases
to exist, resigns, or is replaced; or
(9) the owner of an interest
in the real property subject to the environmental covenant and the holder are
the same person.
(c) Any instrument that
imposes activity and use limitations, including any conservation easement,
declaration, restrictive covenant, or similar instrument created before the
effective date of this chapter remains valid and enforceable as provided in the
law under which it was created. This chapter does not apply in any other
respect to such an instrument.
(d) This chapter does not
invalidate or render unenforceable any interest, whether designated as an
environmental covenant or other interest, that is otherwise enforceable under
the law of this state.
Sec. 8. [114E.25] RELATIONSHIP TO OTHER LAND USE LAW.
(a) This chapter does not
authorize a use of real property that is otherwise prohibited by zoning, by law
other than this chapter regulating use of real property, or by a recorded
instrument that has priority over the environmental covenant.
(b) An environmental
covenant may prohibit or restrict uses of real property which are authorized by
zoning or by law other than this chapter.
(c) An environmental agency
that exercises authority under law other than this chapter to require as part
of an environmental response project the performance of a response or corrective
action that would not otherwise be an authorized use of real property under
zoning or other real property law or prior recorded instruments may include
such requirement as an affirmative obligation in an environmental covenant.
Sec. 9. [114E.30] NOTICE.
(a) A copy of an
environmental covenant, and any amendments or notices of termination thereof,
must be provided by the persons and in the manner required by the environmental
agency to:
(1) each person that signed
the covenant or their successor or assign;
(2) each person holding a
recorded interest in the real property subject to the covenant;
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(3) each person in
possession of the real property subject to the covenant;
(4) each political
subdivision in which real property subject to the covenant is located; and
(5) any other person the
environmental agency requires.
(b) The validity of a
covenant is not affected by failure to provide a copy of the covenant as
required under this section.
Sec. 10. [114E.35] RECORDING.
(a) An environmental
covenant and any amendment or termination of the covenant must be recorded with
the county recorder or registrar of titles, as applicable, in every county in
which any portion of the real property subject to the covenant is located. For
purposes of indexing, a holder shall be treated as a grantee.
(b) Except as otherwise
provided in section 114E.40, paragraph (f), an environmental covenant is
subject to the laws of this state governing recording and priority of interests
in real property.
Sec. 11. [114E.40] DURATION; MODIFICATION OR
TERMINATION BY ADMINISTRATIVE OR COURT ACTION.
(a) An environmental
covenant is perpetual unless it is:
(1) by its terms limited to a
specific duration or terminated by the occurrence of a specific event;
(2) terminated by consent
pursuant to section 114E.45;
(3) terminated pursuant to
paragraph (b) or (e);
(4) terminated by
foreclosure of an interest that has priority over the environmental covenant;
or
(5) terminated or modified
in an eminent domain proceeding, but only if:
(i) the environmental agency
that signed the covenant is a party to the proceeding;
(ii) all persons identified in
paragraph (c) are given notice of the pendency of the proceeding; and
(iii) the court determines,
after hearing, that the activity and use limitations subject to termination or
modification are no longer required to protect public health or welfare or the
environment.
(b) The environmental agency
that approved an environmental covenant may determine whether to terminate or
reduce the burden on the real property of the covenant if the agency determines
that some or all of the activity and use limitations under the covenant are no
longer required to protect public health or welfare or the environment or
modify the covenant if the agency determines that modification is required to
adequately protect public health or welfare or the environment.
(c) The environmental agency
shall provide notice of any proposed action under paragraph (b) to each person
with a current recorded interest in the real property subject to the
environmental covenant, each holder, all other persons who originally signed
the environmental covenant, or their successors or assigns, and any other
person with rights or obligations under the covenant. The environmental agency
shall provide 30 days for comment on the proposed action by parties entitled to
notice. Any person entitled to notice under this paragraph may request a
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contested case under chapter 14 by making the
request in writing within the 30-day comment period. A determination by an
environmental agency under this paragraph is a final agency decision subject to
judicial review in the same manner as provided in sections 14.63 to 14.68 or
under applicable federal law.
(d) Any person entitled to
notice under paragraph (c) may apply in writing to the environmental agency for
a determination under paragraph (b) that an existing covenant be terminated,
that the burden of a covenant be reduced, or that covenant be modified. The
application must specify the determination sought by the applicant, the reasons
why the environmental agency should make the determination, and the information
which would support it. If the environmental agency fails to commence a
proceeding under paragraph (b) within 60 days of receipt of the application,
the applicant may bring a de novo action in the district court for termination,
reduction of burden, or modification of the environmental covenant pursuant to
paragraph (e).
(e) The district court for
the county in which the real property subject to an environmental covenant is
located may, under the doctrine of changed circumstances, terminate the
covenant, reduce its burden on the real property, or modify its terms in a de
novo action if an environmental agency fails to commence a proceeding within 60
days as provided under paragraph (d). The applicant under paragraph (d), any
party to the environmental covenant, or any other person identified in
paragraph (c) may commence an action under this paragraph. The person
commencing the action shall serve notice of the action on the environmental
agency and any person entitled to notice under paragraph (c). The court shall
terminate, reduce the burden of, or modify the environmental covenant if the
court determines that the person bringing the action shows that some or all of
the activity and use limitations under the covenant do not, or are no longer
required to, protect public health or welfare or the environment.
(f) An environmental
covenant may not be extinguished, limited, or impaired through issuance of a
tax deed, foreclosure of a tax lien, or application of the doctrine of adverse
possession, prescription, abandonment, waiver, lack of enforcement, or
acquiescence, or a similar doctrine.
(g) An environmental
covenant may not be extinguished, limited, or impaired by application of section
500.20 or 541.023.
Sec. 12. [114E.45] AMENDMENT OR TERMINATION BY
CONSENT.
(a) An environmental
covenant may be amended or terminated by consent only if the amendment or
termination is signed by:
(1) the environmental
agency;
(2) the current owner of the
fee simple title to the real property subject to the covenant;
(3) every other original
signatory to the covenant, or their successor or assign, unless:
(i) the person waived the
right to consent to termination or modification in the environmental covenant
or another signed and acknowledged record that is recorded;
(ii) the person fails to
object to the amendment or termination within 60 days after a notice requesting
the person's consent to amendment or termination was mailed by certified mail,
return receipt requested, to the person's last known address, as obtained from
the United States Postal Service; or
(iii) a court finds that the
person no longer exists or cannot be located or identified with the exercise of
reasonable diligence; and
(4) each holder, except as
otherwise provided in paragraph (d).
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Any person may establish
that the notice described in clause (3), item (ii), was properly mailed by
recording an affidavit to that effect from a person having knowledge of the
facts, and a certified copy of the recorded affidavit shall be prima facie
evidence of the facts stated therein.
(b) If an interest in real
property is subject to an environmental covenant, the interest is not affected
by an amendment of the covenant unless the current owner of the interest
consents to the amendment or has waived in the environmental covenant or other
signed record the right to consent to amendments.
(c) Except for an assignment
undertaken pursuant to a governmental reorganization, or as otherwise provided
in the environmental covenant, assignment of an environmental covenant to a new
holder is an amendment.
(d) Except as otherwise
provided in paragraph (c) or in an environmental covenant:
(1) a holder may not assign
its interest without consent of the other parties specified in paragraph (a);
(2) a holder may be removed
and replaced by agreement of the other parties specified in paragraph (a); and
(3) a court of competent
jurisdiction may fill a vacancy in the position of holder.
Sec. 13. [114E.50] ENFORCEMENT OF ENVIRONMENTAL
COVENANT.
(a) A civil action for
injunctive or other equitable relief for violation of an environmental covenant
may be maintained by:
(1) a party to the covenant,
including all holders;
(2) the environmental agency
that signed the covenant;
(3) any person to whom the
covenant expressly grants power to enforce;
(4) a person whose interest
in the real property or whose collateral or liability may be affected by the
alleged violation of the covenant; or
(5) a political subdivision
in which the real property subject to the covenant is located.
(b) The state environmental
agency that signed the covenant may use any remedy or enforcement measure
provided in section 115.071, subdivisions 3 to 5, or 116.072 to remedy
violations of a covenant. This paragraph does not limit the state environmental
agency from taking action to enforce the terms of a covenant against a person
required to comply with the covenant in connection with that person's
obligation to perform response actions or as a condition of receiving a
liability assurance with respect to a release or threatened release of
contaminants.
(c) This chapter does not
limit the regulatory authority of the environmental agency under law other than
this chapter with respect to an environmental response project.
(d) A person is not
responsible for or subject to liability arising from a release or threatened
release of contamination into the environment, or for remediation costs
attendant thereto, solely because it has signed, holds rights to, or otherwise
has the right to enforce an environmental covenant.
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Sec. 14. [114E.60] UNIFORMITY OF APPLICATION AND
CONSTRUCTION.
In applying and construing
this chapter, consideration must be given to the need to promote uniformity of
the law with respect to its subject matter among states that enact it.
Sec. 15. [114E.65] RELATION TO ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies,
limits, or supersedes the federal Electronic Signatures in Global and National
Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101 of that act, United States Code, title
15, section 7001(a), or authorize electronic delivery of any of the notices
described in section 103 of that act, United States Code, title 15, section
7003(b).
Sec. 16. Minnesota Statutes
2006, section 115.072, is amended to read:
115.072 RECOVERY OF LITIGATION COSTS AND EXPENSES.
In any action brought by the
attorney general, in the name of the state, pursuant to the provisions of this
chapter and chapters 114C, 114E, and 116, for civil penalties,
injunctive relief, or in an action to compel compliance, if the state shall
finally prevail, and if the proven violation was willful, the state, in
addition to other penalties provided in this chapter, may be allowed an amount
determined by the court to be the reasonable value of all or a part of the
litigation expenses incurred by the state. In determining the amount of such
litigation expenses to be allowed, the court shall give consideration to the
economic circumstances of the defendant.
Amounts recovered under the
provisions of this section and section 115.071, subdivisions 3 to 5, shall be
paid into the environmental fund in the state treasury to the extent provided
in section 115.073.
Sec. 17. Minnesota Statutes
2006, section 115.55, subdivision 6, is amended to read:
Subd. 6. Disclosure of individual sewage treatment
system to buyer. (a) Before signing an agreement to sell or transfer real
property, the seller or transferor must disclose in writing to the buyer or transferee
information on how sewage generated at the property is managed. The disclosure
must be made by delivering a statement to the buyer or transferee that either:
(1) the sewage goes to a
facility permitted by the agency; or
(2) the sewage does not go
to a permitted facility, is therefore subject to applicable requirements, and describes
the system in use, including the legal description of the property, the county
in which the property is located, and a map drawn from available information
showing the location of the system on the property to the extent practicable
the system has a valid certificate of compliance or notice of noncompliance as
provided under subdivision 5. If the seller or transferor has knowledge
that an abandoned individual sewage treatment system exists on the property,
the disclosure must include a map showing its location. In the disclosure
statement the seller or transferor must indicate whether the individual sewage
treatment system is in use and, to the seller's or transferor's knowledge, in
compliance with applicable sewage treatment laws and rules. A copy of
the certificate of compliance or notice of noncompliance shall be provided to
the county recorder or registrar of titles in the county where the individual
sewage treatment system is located. A copy of the filing shall go to the county
office responsible for the individual sewage treatment system program.
(b) Unless the buyer or
transferee and seller or transferor agree to the contrary in writing before the
closing of the sale, A seller or transferor who fails to disclose the
existence or known status of an individual sewage treatment system provide
to the buyer or transferor a valid certificate of compliance or notice of
noncompliance at the time of
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sale, and who knew or had
reason to know of the existence or known status of the system, and whose
system was noncompliant at the time of the sale is liable to the buyer or
transferee for costs relating to bringing the system into compliance with the
individual sewage treatment system rules and for reasonable attorney fees for
collection of costs from the seller or transferor. An action under this
subdivision must be commenced within two years after the date on which the
buyer or transferee closed the purchase or transfer of the real property where
the system is located.
Sec. 18. Minnesota Statutes
2006, section 115.56, subdivision 2, is amended to read:
Subd. 2. License required. (a) Except as
provided in paragraph (b), after March 31, 1996, a person may not design,
install, maintain, pump, or inspect an individual sewage treatment system
without a license issued by the commissioner.
(b) A license is not
required for a person who complies with the applicable requirements if the
person is:
(1) a qualified employee of
state or local government who has passed the examination described in paragraph
(d) or a similar examination;
(2) an individual who
constructs an individual sewage treatment system on land that is owned or
leased by the individual and functions solely as the individual's dwelling or
seasonal dwelling;
(3) a farmer who pumps and
disposes of sewage waste from individual sewage treatment systems, holding tanks,
and privies on land that is owned or leased by the farmer; or
(4) an individual who
performs labor or services for a person licensed under this section in
connection with the design, installation, maintenance, pumping, or inspection
of an individual sewage treatment system at the direction and under the
personal supervision of a person licensed under this section.
A person constructing an
individual sewage treatment system under clause (2) must consult with a site
evaluator or designer before beginning construction. In addition, the system
must be inspected before being covered and a compliance report must be provided
to the local unit of government after the inspection.
(c) The commissioner, in
conjunction with the University of Minnesota Extension Service or another
higher education institution, shall ensure adequate training exists for
individual sewage treatment system professionals.
(d) The commissioner shall
conduct examinations to test the knowledge of applicants for licensing and
shall issue documentation of licensing.
(e) Licenses may be issued
only upon successful completion of the required examination and submission of
proof of sufficient experience, proof of general liability insurance, and a
corporate surety bond in the amount of at least $10,000.
(f) Notwithstanding
paragraph (e), the examination and proof of experience are not required for an
individual sewage treatment system professional who, on the effective date of
the rules adopted under subdivision 1, holds a certification attained by
examination and experience under a voluntary certification program administered
by the agency.
(g) Local units of
government may not require additional local licenses for individual sewage
treatment system professionals.
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(h) A pumper whose annual
gross revenue from pumping systems is $9,000 or less and whose gross revenue
from pumping systems during the year ending May 11, 1994, was at least $1,000 is
not subject to training requirements in rules adopted under subdivision 1,
except for any training required for initial licensure.
(i) No other professional
license is required to design, install, maintain, or inspect an individual
sewage treatment system with a flow of 10,000 gallons of water per day or less
if the system designer, installer, maintainer, or inspector is licensed under
this subdivision and the local unit of government has not adopted additional
requirements. No other professional license is required to operate an
individual sewage treatment system with a flow of 10,000 gallons of water per
day or less if the system operator is licensed as a system designer, installer,
maintainer, or inspector under this subdivision and the local unit of government
has not adopted additional requirements.
EFFECTIVE DATE. This section is
effective the day following final enactment and expires December 31, 2010.
Sec. 19. Minnesota Statutes
2006, section 115B.17, subdivision 15, is amended to read:
Subd. 15. Acquisition of property. The agency may
acquire, by purchase or donation, an interest interests in real
property, including easements, restrictive environmental
covenants under chapter 114E, and leases, that the agency determines is
are necessary for response action. The validity and duration of a
restrictive covenant or nonpossessory easement acquired under this subdivision
shall be determined in the same manner as the validity and duration of a
conservation easement under chapter 84C, unless the duration is otherwise
provided in the agreement. The agency may acquire an easement by
condemnation only if the agency is unable, after reasonable efforts, to acquire
an interest in real property by purchase or donation. The provisions of chapter
117 govern condemnation proceedings by the agency under this subdivision. A
donation of an interest in real property to the agency is not effective until
the agency executes a certificate of acceptance. The state is not liable under
this chapter solely as a result of acquiring an interest in real property under
this subdivision. Agency approval of an environmental convenant under
chapter 114E is sufficient evidence of acceptance of an interest in real
property where the agency is expressly identified as a holder in the covenant.
Sec. 20. Minnesota Statutes
2006, section 116.07, subdivision 2a, is amended to read:
Subd. 2a. Exemptions from standards. No standards
adopted by any state agency for limiting levels of noise in terms of sound
pressure which may occur in the outdoor atmosphere shall apply to (1) segments
of trunk highways constructed with federal interstate substitution money,
provided that all reasonably available noise mitigation measures are employed
to abate noise, (2) an existing or newly constructed segment of a highway,
provided that all reasonably available noise mitigation measures, as approved
by the commissioners of the Department of Transportation and Pollution Control
Agency, are employed to abate noise, (3) except for the cities of Minneapolis
and St. Paul, an existing or newly constructed segment of a road, street, or
highway under the jurisdiction of a road authority of a town, statutory or home
rule charter city, or county, except for roadways for which full control of
access has been acquired, (4) skeet, trap or shooting sports clubs, or (5)
motor vehicle race events conducted at a facility specifically designed for
that purpose that was in operation on or before July 1, 1983 1996.
Nothing herein shall prohibit a local unit of government or a public
corporation with the power to make rules for the government of its real
property from regulating the location and operation of skeet, trap or shooting
sports clubs, or motor vehicle race events conducted at a facility specifically
designed for that purpose that was in operation on or before July 1, 1983
1996.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 21. Minnesota Statutes
2006, section 116.23, is amended to read:
116.23 PROHIBITION AND RESTRICTIONS.
Subdivision 1. Nutrient concentrations. No person shall manufacture for use
or sale in Minnesota or import into Minnesota for resale any cleaning agent or
chemical water conditioner which contains a prescribed nutrient in a
concentration that is greater than the prescribed maximum permissible
concentration of that nutrient in that cleaning agent or chemical water
conditioner.
Subd. 2. Residential dishwasher detergent. No person shall sell, distribute,
offer, or expose for sale at retail any household dishwasher detergent that
contains more than 0.5 percent phosphorus by weight. This subdivision does not
apply to the sale or distribution of detergents for commercial or institutional
dishwashing purposes.
EFFECTIVE DATE. This section is
effective July 1, 2010.
Sec. 22. REPORT.
The commissioner of the
Pollution Control Agency must report to the legislative committees with jurisdiction
on environmental policy by February 15, 2008, after consulting with officials
from the Minnesota Onsite Wastewater Association; the Minnesota Society of
Professional Engineers; the American Council of Engineering Companies; the
Minnesota Association of Professional Soil Scientists; the Minnesota Board of
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design; the University of Minnesota Water Resources Center; the
Association of Minnesota Counties; the Minnesota Association of Small Cities;
and the Minnesota Association of Townships, on further issues relating to the
licensing of individual sewage treatment systems.
EFFECTIVE DATE. This section is
effective the day following final enactment and expires December 31, 2010."
Delete the title and insert:
"A bill for an act
relating to natural resources; modifying authority to designate infested
waters; modifying land acquisition requirements; modifying land owners' bill of
rights; modifying requirements for certain recreational vehicles; establishing
an off-highway vehicle safety and conservation program; modifying certain state
trails, parks, and wildlife management areas; modifying state park permit
provisions; modifying definitions; providing for and modifying certain fees;
modifying license and stamp provisions; modifying possession and taking
restrictions; providing for apprentice hunter validation; modifying commercial
fishing provisions; providing for a crossbow deer season; providing for timber
sales; extending expiration of the Minerals Coordinating Committee; modifying
recordation requirements for mineral interests; modifying requirements for
certain contested case hearings; modifying water supply plan requirements;
providing for regulation of shoreland resorts; adopting the Uniform
Environmental Covenants Act; modifying individual sewage treatment system
provisions; extending exemptions to noise standards; restricting the use of
phosphorus in household dishwasher detergent; modifying zoning provisions for
nonconforming parcels; exempting certain exchanged land from the tax-forfeited
land assurance fee; authorizing public and private sales, conveyances, and
leases of certain state lands; providing for status of certain land in
St. Louis County; providing for temporary suspension of apportionment of
certain proceeds from tax-forfeited lands; modifying authority for and
requiring rulemaking; requiring reports; providing civil penalties; amending
Minnesota Statutes 2006, sections 84.027, by adding a subdivision; 84.0272,
subdivision 3; 84.0274, subdivision 5; 84.029, subdivision 2; 84.788,
subdivision 1; 84.82, subdivision 6; 84.8205, subdivision 1; 84.925,
subdivision 5; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3; 85.015,
subdivision 14; 85.053, subdivisions 2, 8; 93.0015, subdivision 3; 93.55,
subdivision 1, by adding a subdivision; 97A.015, subdivision 24, by adding a
subdivision; 97A.045, by adding a subdivision; 97A.133, by adding a
subdivision; 97A.401, subdivision 5; 97A.405, subdivisions 2, 4; 97A.441,
subdivision 7; 97A.445, by adding a subdivision; 97A.451, subdivisions 3, 3a;
97A.465, by adding a
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Day - Monday, May 7, 2007 - Top of Page 5695
subdivision; 97A.473,
subdivisions 3, 5; 97A.475, subdivisions 2, 3, 16; 97A.505, subdivision 4;
97A.511; 97B.015, by adding a subdivision; 97B.020; 97B.031, subdivision 1;
97B.035, by adding a subdivision; 97B.055, subdivision 3; 97B.075; 97B.085,
subdivision 3; 97B.301, subdivision 7; 97B.311; 97B.318, subdivision 1; 97B.327;
97B.715, subdivision 1; 97B.801; 97B.928, subdivision 1; 97C.325; 97C.335;
97C.355, subdivision 8; 97C.371, by adding a subdivision; 97C.835, subdivisions
1, 2, 3, 8; 103F.205, subdivision 1; 103G.291, subdivision 3; 103G.311,
subdivision 2; 115.072; 115.55, subdivision 6; 115.56, subdivision 2; 115B.17,
subdivision 15; 116.07, subdivision 2a; 116.23; 282.04, subdivision 1; 394.36,
by adding a subdivision; 462.357, subdivision 1e; 473.1565, subdivision 1;
473.859, subdivision 3; Laws 2006, chapter 236, article 1, section 21;
proposing coding for new law in Minnesota Statutes, chapters 84; 97B; 97C;
103F; proposing coding for new law as Minnesota Statutes, chapter 114E;
repealing Minnesota Statutes 2006, sections 85.015, subdivision 11; 97A.475,
subdivision 38; 97C.365; Laws 2006, chapter 236, article 1, section 2."
POINT OF ORDER
����� Buesgens raised a point of order pursuant to rule 3.21 that the
Dill and Eken amendment was not in order.
����� The Speaker submitted the following question to the House:
"Is it the judgment of the House that the Buesgens point of order is well
taken?"
����� A roll call was requested and properly seconded.
����� The question was taken on the Buesgens point of order and the
roll was called. There were 51 yeas and 81 nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Bunn
Cornish
Dean
DeLaForest
Dettmer
Eastlund
Emmer
Erickson
Finstad
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Kohls
Lenczewski
Magnus
Masin
McFarlane
McNamara
Morgan
Nornes
Olson
Ozment
Paulsen
Paymar
Peppin
Peterson, N.
Ruth
Scalze
Seifert
Severson
Shimanski
Simpson
Slocum
Smith
Sviggum
Tingelstad
Wardlow
Zellers
����� Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5696
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
����� It was the judgment of the House that the Buesgens point of
order was not well taken and that the Dill and Eken amendment was in order.
����� The question recurred on the Dill and Eken amendment to
S. F. No. 1131. The motion prevailed and the amendment was adopted.
Dill moved to amend S. F.
No. 1131, the first engrossment, as amended, as follows:
Page 29, after line 33,
insert:
"Sec. 68. Minnesota
Statutes 2006, section 373.01, subdivision 1, is amended to read:
Subdivision 1. Public corporation; listed powers. (a)
Each county is a body politic and corporate and may:
(1) Sue and be sued.
(2) Acquire and hold real
and personal property for the use of the county, and lands sold for taxes as
provided by law.
(3) Purchase and hold for
the benefit of the county real estate sold by virtue of judicial proceedings,
to which the county is a party.
(4) Sell, lease, and convey
real or personal estate owned by the county, and give contracts or options to
sell, lease, or convey it, and make orders respecting it as deemed conducive to
the interests of the county's inhabitants.
(5) Make all contracts and
do all other acts in relation to the property and concerns of the county
necessary to the exercise of its corporate powers.
(b) No sale, lease, or
conveyance of real estate owned by the county, except the lease of a residence
acquired for the furtherance of an approved capital improvement project, nor
any contract or option for it, shall be valid, without first advertising for
bids or proposals in the official newspaper of the county for three consecutive
weeks and once in a newspaper of general circulation in the area where the
property is located. The notice shall state the time and place of considering
the proposals, contain a legal description of any real estate, and a brief
description of any personal property. Leases that do not exceed $15,000 for any
one year may be negotiated and are not subject to the competitive bid
procedures of this section. All proposals estimated to exceed $15,000 in any
one year shall be considered at the time set for the bid opening, and the one
most favorable to the county accepted, but the county board may, in the
interest of the county, reject any or all proposals.
(c) Sales of personal
property the value of which is estimated to be $15,000 or more shall be made
only after advertising for bids or proposals in the county's official
newspaper, on the county's Web site, or in a recognized industry trade journal.
At the same time it posts on its Web site or publishes in a trade journal, the
county must publish in the official newspaper, either as part of the minutes of
a regular meeting of the county board or in a separate notice, a summary of all
requests for bids or proposals that the county advertises on its Web site or in
a trade journal. After publication in the official newspaper, on the Web site,
or in a trade journal, bids or proposals may be solicited and accepted by the
electronic selling process authorized in section 471.345, subdivision 17. Sales
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5697
of personal property the value of which is estimated
to be less than $15,000 may be made either on competitive bids or in the open
market, in the discretion of the county board. "Web site" means a
specific, addressable location provided on a server connected to the Internet
and hosting World Wide Web pages and other files that are generally accessible
on the Internet all or most of a day.
(d) Notwithstanding anything
to the contrary herein, the county may, when acquiring real property for county
highway right-of-way, exchange parcels of real property of substantially
similar or equal value without advertising for bids. The estimated values for
these parcels shall be determined by the county assessor.
(e) If real estate or
personal property remains unsold after advertising for and consideration of
bids or proposals the county may employ a broker to sell the property. The
broker may sell the property for not less than 90 percent of its appraised
market value as determined by the county. The broker's fee shall be set by
agreement with the county but may not exceed ten percent of the sale price and
must be paid from the proceeds of the sale.
(f) A county or its agent
may rent a county-owned residence acquired for the furtherance of an approved
capital improvement project subject to the conditions set by the county board
and not subject to the conditions for lease otherwise provided by paragraph
(a), clause (4), and paragraphs (b), (c), (d), (e), and (g).
(g) In no case shall lands
be disposed of without there being reserved to the county all iron ore and
other valuable minerals in and upon the lands, with right to explore for, mine
and remove the iron ore and other valuable minerals, nor shall the minerals and
mineral rights be disposed of, either before or after disposition of the
surface rights, otherwise than by mining lease, in similar general form to that
provided by section 93.20 for mining leases affecting state lands. The lease
shall be for a term not exceeding 50 years, and be issued on a royalty basis,
the royalty to be not less than 25 cents per ton of 2,240 pounds, and fix a
minimum amount of royalty payable during each year, whether mineral is removed
or not. Prospecting options for mining leases may be granted for periods not
exceeding one year. The options shall require, among other things, periodical
showings to the county board of the results of exploration work done.
(h) Notwithstanding anything
in this subdivision to the contrary, the county may, when selling real property
owned in fee simple that cannot be improved because of noncompliance with local
ordinances regarding minimum area, shape, frontage, or access, proceed to sell
the nonconforming parcel without advertising for bid. At the county's
discretion, the real property may be restricted to sale to adjoining landowners
or may be sold to any other interested party. The property shall be sold to the
highest bidder, but in no case shall the property be sold for less than 90
percent of its fair market value as determined by the county assessor. All
owners of land adjoining the land to be sold shall be given a written notice at
least 30 days before the sale. This paragraph shall be liberally construed to
encourage the sale of nonconforming real property and promote its return to the
tax roles."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
McNamara and Dill moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, line 1, delete
"the 16th day of" and insert "December 1 during"
����� The motion prevailed and the amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5698
Hilstrom moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Pages 29 and 30, delete
sections 68 and 69
Renumber the sections in sequence
and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Hilstrom amendment and the roll
was called. There were 80 yeas and 52 nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
����� Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Dettmer
Dittrich
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Juhnke
Koenen
Kohls
Kranz
Lanning
Magnus
Marquart
McFarlane
Nornes
Olson
Otremba
Ozment
Paulsen
Peppin
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Sviggum
Tingelstad
Wardlow
Westrom
Zellers
����� The motion prevailed and the amendment was adopted.
Hackbarth moved to amend to
S. F. No. 1131, the first engrossment, as amended, as follows:
Pages 17 and 18, delete
section 43
����� The motion did not prevail and the amendment was not adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5699
����� The Speaker called Thissen to the Chair.
Hackbarth, Emmer, Erickson
and Nornes moved to amend S. F. No. 1131, the first engrossment, as amended,
as follows:
Page 72, line 11, after the
period, insert "Motor vehicle race events exempted from state standards
under this subdivision are exempt from claims based on noise brought under
section 561.01 and chapters 116B and 116D."
����� A roll call was requested and properly seconded.
����� The question was taken on the Hackbarth et al amendment and the
roll was called. There were 47 yeas and 84 nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Anderson, B.
Beard
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dill
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Koenen
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
����� Those who
voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paulsen
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
����� The motion did not prevail and the amendment was not adopted.
Howes, Ward, and Doty moved
to amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. PUBLIC MEETINGS REQUIRED; CONSTRUCTION
OF MOORING FACILITIES.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5700
The commissioner of natural
resources shall hold at least two public meetings in the north central lakes
area of the state to inform the public of and gather public input regarding the
conditions and criteria under Minnesota Rules, part 6115.0211, subpart 4a, item
C, for permitted mooring facilities and docks.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Howes and Moe moved to amend
S. F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. LEECH LAKE STOCKING.
The commissioner of natural
resources shall rank Leech Lake no lower than third in any prioritization of
state lakes for walleye stocking in 2007, 2008, and 2009, or until Leech Lake
shows sufficient natural production of walleye, whichever is later.
Sec. 117. CORMORANT CONTROL.
The commissioner of natural
resources shall control cormorant in the state as allowed under federal law.
Sec. 118. RUSTY CRAYFISH STUDY.
The commissioner of natural
resources shall continue to study the effects of rusty crayfish on walleye
reproduction in Leech Lake."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Juhnke and Dill moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 1, line 22, strike
"available information including, but not limited to"
Page 1, line 23, after
"(1)" insert "up to"
Page 1, line 25, after
"located" insert ", plus ten percent"
Page 2, line 1, strike
"land or" and insert "Department of Natural Resources land
sales or acquisitions of"
����� The motion prevailed and the amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5701
Scalze; Cornish; Erhardt;
Peterson, A.; Tschumper and Greiling moved to amend S. F. No. 1131, the first
engrossment, as amended, as follows:
Page 1, after line 4,
insert:
"Section 1. Minnesota
Statutes 2006, section 17.4984, subdivision 1, is amended to read:
Subdivision 1. License required. (a) A person or
entity may not operate an aquatic farm without first obtaining an aquatic farm
license from the commissioner.
(b) Applications for an
aquatic farm license must be made on forms provided by the commissioner.
(c) Licenses are valid for
five years and are transferable upon notification to the commissioner.
(d) The commissioner shall
issue an aquatic farm license on payment of the required license fee under
section 17.4988.
(e) A license issued by the
commissioner is not a determination of private property rights, but is only
based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
(f) The commissioner shall
not issue or renew a license to farm fish in a natural water body if the
natural water body is the subject of a protective easement or other interest in
land that was acquired with funding from federal waterfowl stamp proceeds or
migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if
the natural water body was the subject of any other development, restoration,
maintenance, or preservation project funded under section 97A.075, subdivision
2.
EFFECTIVE DATE. This section is
effective July 1, 2008."
Renumber the sections in
sequence and correct internal references
Amend the title as follows:
Page 73, line 10, after the
first semicolon, insert "modifying aquatic farm license provisions;"
POINT OF ORDER
����� Seifert raised a point of order pursuant to rule 3.21 that the
Scalze et al amendment was not in order. Speaker pro tempore Thissen ruled the
point of order not well taken and the Scalze et al amendment in order.
����� The question recurred on the Scalze et al amendment to
S. F. No. 1131, the first engrossment, as amended. The motion
did not prevail and the amendment was not adopted.
Rukavina moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. BIG ISLAND.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5702
Notwithstanding Minnesota
Statutes, section 83A.02, the commissioner of natural resources shall initiate
a process to rename Big Island on Pelican Lake in St. Louis County."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Rukavina moved to amend S.
F. No. 1131, the first engrossment, as amended, as follows:
Page 58, after line 31,
insert:
"Sec. 116. APPEALS BOARD OF ADJUSTMENT.
(a) A county, with a city of
the first class, encompassing over 5,000 square miles must establish as a pilot
program an Appeals Board of Zoning Adjustment to review determinations made by
the Board of Zoning Adjustment. The Appeals Board of Zoning Adjustment shall be
an intermediary appeal process that may be accessed prior to appealing a
decision to the district court. The Appeals Board of Zoning Adjustment shall be
comprised of the county board, two sitting members of the Board of Zoning
Adjustment, and two member citizens who have had appeals within the past five
years before the Board of Zoning Adjustment. Members shall serve a three-year
term.
(b) Paragraph (a) expires
two years after the effective date of this section."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� Hackbarth offered an amendment to S. F. No. 1131, the first
engrossment, as amended.
����� Hackbarth requested a division of his amendment to S F. No.
1131, the first engrossment, as amended.
����� The first portion of the Hackbarth amendment to S. F. No. 1131,
the first engrossment, as amended, reads as follows:
Page 58, line 33, before
"Minnesota" insert "(a)"
Page 58, after line 34,
insert:
"(b) 2007, S.F. No.
2096, article 1, the amendments to Minnesota Statutes 2006, section 84.777 in
section 24, if enacted, are repealed effective July 1, 2007."
Amend the title accordingly
����� The motion prevailed and the first portion of the Hackbarth
amendment was adopted.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5703
The second portion of the
Hackbarth amendment to S. F. No. 1131, as amended, reads as follows:
Page 58, after line 34,
insert:
"(c) 2007, S. F. No.
2096, article 1, section 26, if enacted, is repealed effective the day
following final enactment of Laws 2006, S. F. No. 2096."
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The
question was taken on the second portion of the Hackbarth amendment and the
roll was called. There were 43 yeas and 88 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Beard
Brod
Buesgens
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erickson
Faust
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Koenen
Kohls
Kranz
Lanning
Magnus
McFarlane
Nornes
Olson
Otremba
Peppin
Rukavina
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Solberg
Sviggum
Wardlow
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dominguez
Doty
Eken
Erhardt
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paulsen
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Winkler
Wollschlager
Spk. Kelliher
����� The motion did not prevail and the second portion of the
Hackbarth amendment was not adopted.
����� Sailer and Moe moved to amend S. F. No. 1131, the first
engrossment, as amended, as follows:
����� Page 54, after line 2, insert:
����� "Sec. 41. LAND EXCHANGE; BELTRAMI COUNTY.
����� (a) The commissioner of natural resources shall, with the
approval of the Land Exchange Board as required under the Minnesota
Constitution, article XI, section 10, and according to Minnesota Statutes,
sections 94.343 to 94.347, exchange the land described in
paragraph (b) for land of comparable value that borders public water.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5704
����� (b) The land to be conveyed is located in Beltrami County
and is described as:
����� (1) that part of the Southeast Quarter of the Southeast Quarter
west of County State-Aid Highway 14, Section 32, Township 147 North, Range 34
West;
����� (2) the Southeast Quarter of the Southwest Quarter of the
Southeast Quarter, Section 32, Township 147 North, Range 34 West; and
����� (3) that part of the Northeast Quarter of the Northeast
Quarter west of County State-Aid Highway 14 and north of the haul road, Section
5, Township 146 North, Range 34 West."
����� Renumber the sections in sequence and correct the internal
references
����� Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
Urdahl and Westrom moved to
amend S. F. No. 1131, the first engrossment, as amended, as follows:
Page 72, after line 28,
insert:
"Sec. 22. PUBLIC FACILITIES AUTHORITY FUNDING.
To the greatest practical
extent, projects on the Public Facilities Authority's 2007 intended use plan,
the listings for which were based on the Pollution Control Agency's 2006
project priority list, shall be carried over to the 2008 intended use plan.
Projects that qualified for funding from the Public Facilities Authority under
Laws 2006, chapter 258, section 21, that could not be certified by the
Pollution Control Agency by the applicable deadline shall have until May 1,
2008, or six months after the Minnesota Supreme Court issues an opinion in the
cities of Maple Lake and Annandale matter, whichever is later, to obtain the
required certification from the Pollution Control Agency."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� Hackbarth and Emmer offered an amendment to
S. F. No. 1131, the first engrossment, as amended.
CALL OF THE HOUSE
����� On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5705
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� Sertich moved that further proceedings of the roll call be suspended
and that the Sergeant at Arms be instructed to bring in the absentees. The
motion prevailed and it was so ordered.
POINT
OF ORDER
����� Sertich raised a point of order pursuant to rule 3.21 that the Hackbarth
and Emmer amendment was not in order. Speaker pro tempore Thissen ruled the
point of order well taken and the Hackbarth and Emmer amendment out of order.
����� Seifert appealed the decision of Speaker pro tempore Thissen.
����� A roll call was requested and properly seconded.
����� The vote was taken on the question "Shall the decision of
Speaker pro tempore Thissen stand as the judgment of the House?" and the
roll was called.����� There were 84 yeas
and 48 nays as follows:
����� Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Finstad
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Wollschlager
Spk. Kelliher
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5706
����� Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erhardt
Erickson
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hosch
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olson
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Tingelstad
Urdahl
Wardlow
Westrom
Zellers
����� So it was the judgment of the House that the decision of
Speaker pro tempore Thissen should stand.
CALL
OF THE HOUSE LIFTED
����� Sertich moved that the call of the House be lifted. The motion
prevailed and it was so ordered.
����� The Speaker resumed the Chair.
����� S. F. No. 1131, A bill for an act relating to game and fish;
modifying Lake Superior commercial fishing provisions; amending Minnesota
Statutes 2006, section 97C.835, subdivisions 1, 3, 8; proposing coding for new
law in Minnesota Statutes, chapter 97C.
����� 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 118 yeas and 13 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Dettmer
Dill
Dittrich
Dominguez
Doty
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5707
��������������� Those who voted in the negative
were:
Anderson, B.
Buesgens
DeLaForest
Eastlund
Hausman
Hoppe
Hornstein
Lenczewski
Olson
Paymar
Shimanski
Slocum
Wagenius
����� The bill was passed, as amended, and its title agreed to.
����� H. F. No. 2294, A bill for an act relating to taxation;
modifying the levy authority of the Cook-Orr Hospital District; amending Laws
1988, chapter 645, section 3, as amended.
����� 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
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� The bill was passed and its title agreed to.
CALL
OF THE HOUSE
����� On the motion of Buesgens and on the demand of 10 members, a
call of the House was ordered. The following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Beard
Benson
Berns
Bigham
Brod
Brown
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5708
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Westrom
Winkler
Zellers
Spk. Kelliher
����� Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it was so ordered.
����� S. F. No. 463 was reported to the House.
Seifert moved to amend S. F.
No. 463, the unofficial engrossment, as follows:
Page 2, after line 3,
insert:
"Sec. 2. FEE INCREASES RESCINDED.
All fees increased by act of
the state legislature since June 30, 2005, are rescinded.
EFFECTIVE DATE. This section is
effective July 1, 2007."
����� A roll call was requested and properly seconded.
����� Hortman moved that S. F. No. 463 be continued on
Calendar for the Day. The motion prevailed.
CALL
OF THE HOUSE LIFTED
����� Sertich moved that the call of the House be lifted. The motion prevailed
and it was so ordered.
����� Sertich moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
����� Slawik was excused between the hours of 5:20 p.m. to 7:30 p.m.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5709
MOTIONS AND RESOLUTIONS
����� Sertich moved that the name of Carlson be added as an author on
H. F. No. 464. The motion prevailed.
����� Hilstrom moved that the name of Tingelstad be added as an
author on H. F. No. 504. The motion prevailed.
����� Heidgerken moved that his name be stricken as an author on
H. F. No. 797. The motion prevailed.
����� Hausman moved that the name of Clark be added as an author on
H. F. No. 1767. The motion prevailed.
����� Marquart moved that the name of Ruth be added as an author on
H. F. No. 2433. The motion prevailed.
����� Gardner moved that the name of Tingelstad be added as an author
on H. F. No. 2461. The motion prevailed.
����� Emmer moved that the House instruct the House Committee on
Commerce and Labor to conduct a hearing and report back to this body within the
next seven days on allegations that Minnesota Attorney General Lori Swanson may
be punishing lawyers and staff of the Office of the Attorney General in
retaliation for their efforts to organize with the American Federation of
State, County, and Municipal Employees (or "AFSCME").
����� A roll call was requested and properly seconded.
����� Sertich moved to refer the Emmer motion to the Committee on
Rules and Legislative Administration.
����� A roll call was requested and properly seconded.
CALL OF THE HOUSE
����� On the motion of Emmer and on the demand of 10 members, a call
of the House was ordered. The following members answered to their names:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5710
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� Seifert moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion did not prevail.
����� Buesgens moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion did not prevail.
����� Sertich moved that further proceedings of the roll call be suspended
and that the Sergeant at Arms be instructed to bring in the absentees. The
motion prevailed and it was so ordered.
����� The question recurred on the Sertich motion and the roll was
called. There were 129 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
����� The motion prevailed and the Emmer motion was referred to the
Committee on Rules and Legislative Administration.
CALL OF THE HOUSE LIFTED
����� Huntley moved that the call of the House be lifted. The motion prevailed
and it was so ordered.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5711
����� Howes was excused for the remainder of today's session.
����� There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
����� The following message was received from the Senate:
Madam Speaker:
����� I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
����� S. F. No. 2171.
����� 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.
Patrick
E. Flahaven,
Secretary of the Senate
CONFERENCE COMMITTEE REPORT
ON S. F. No. 2171
����� A bill for an act relating to state government; making changes
to health and human services programs; modifying health policy; changing
licensing provisions; altering provisions for mental and chemical health;
modifying child care provisions; amending children and family services
provisions; changing continuing care provisions; amending MinnesotaCare;
adjusting child care assistance eligibility; establishing family stabilization
services; enacting federal compliance requirements; expanding medical assistance
coverage; providing rate increases for certain providers; modifying fees;
appropriating money for human services, health, veterans nursing homes boards,
the Emergency Medical Services Regulatory Board; health care boards, the
Council on Disability, the ombudsman for mental health and developmental
disabilities, and the ombudsman for families; requiring reports; amending
Minnesota Statutes 2006, sections 13.381, by adding a subdivision; 16A.724,
subdivision 2, by adding subdivisions; 47.58, subdivision 8; 62E.02,
subdivision 7; 62J.07, subdivisions 1, 3; 62J.495; 62J.692, subdivisions 1, 4,
5, 8; 62J.82; 62L.02, subdivision 11; 62Q.165, subdivisions 1, 2; 62Q.80,
subdivisions 3, 4, 13, 14, by adding a subdivision; 69.021, subdivision 11;
103I.101, subdivision 6; 103I.208, subdivisions 1, 2; 103I.235, subdivision 1;
119B.011, by adding a subdivision; 119B.035, subdivision 1; 119B.05,
subdivision 1; 119B.09, subdivision 1; 119B.12, by adding a subdivision;
119B.13, subdivisions 1, 7; 144.123; 144.125, subdivisions 1, 2; 144.3345;
144D.03, subdivision 1; 148.5194, by adding a subdivision; 148.6445,
subdivisions 1, 2; 148C.11, subdivision 1; 149A.52, subdivision 3; 149A.97,
subdivision 7; 153A.14, subdivision 4a; 153A.17; 169A.70, subdivision 4;
245.465, by adding a subdivision; 245.4874; 245.771, by adding a subdivision;
245.98, subdivision 2; 245A.035; 245A.10, subdivision 2; 245A.16, subdivisions
1, 3; 245C.02, by adding a subdivision; 245C.04, subdivision 1; 245C.05,
subdivisions 1, 4, 5, 7, by adding a subdivision; 245C.08, subdivisions 1, 2;
245C.10, by adding a subdivision; 245C.11, subdivisions 1, 2; 245C.12; 245C.16,
subdivision 1; 245C.17, by adding a subdivision; 245C.21, by adding a
subdivision; 245C.23, subdivision 2; 246.54, subdivisions 1, 2; 252.27,
subdivision 2a; 252.32, subdivision 3; 253B.185, by adding a subdivision;
254B.02, subdivision 3; 256.01, subdivision 2b, by adding subdivisions;
256.482, subdivisions 1, 8; 256.969, subdivisions 3a, 9, 27, by adding a
subdivision; 256.975, subdivision 7; 256B.04, subdivision 14, by adding a
subdivision; 256B.056, subdivision 10; 256B.0621, subdivision 11; 256B.0622,
subdivision 2; 256B.0623, subdivision 5; 256B.0625, subdivisions 17, 18a, 20,
30, by adding subdivisions; 256B.0631, subdivisions 1, 3;
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5712
256B.0655, subdivision 8;
256B.0911, subdivisions 1a, 3a, 3b, by adding a subdivision; 256B.0913, by
adding a subdivision; 256B.0915, by adding a subdivision; 256B.0943, subdivision
8; 256B.0945, subdivision 4; 256B.095; 256B.0951, subdivision 1; 256B.15, by
adding a subdivision; 256B.199; 256B.431, subdivisions 2e, 41; 256B.434,
subdivision 4, by adding a subdivision; 256B.437, by adding a subdivision;
256B.441, subdivisions 1, 2, 5, 6, 10, 11, 13, 14, 17, 20, 24, 30, 31, 34, 38,
by adding subdivisions; 256B.49, subdivisions 11, 16; 256B.5012, by adding a
subdivision; 256B.69, subdivisions 2, 4, 5g, 5h; 256B.75; 256B.76; 256B.763;
256D.03, subdivisions 3, 4; 256I.04, subdivision 3; 256I.05, by adding
subdivisions; 256J.01, by adding a subdivision; 256J.02, by adding a
subdivision; 256J.021; 256J.08, subdivision 65; 256J.20, subdivision 3;
256J.32, subdivision 6; 256J.425, subdivisions 3, 4; 256J.49, subdivision 13;
256J.521, subdivisions 1, 2; 256J.53, subdivision 2; 256J.55, subdivision 1;
256J.626, subdivisions 1, 2, 3, 4, 5, 6; 256L.01, subdivisions 1, 4; 256L.03,
subdivisions 1, 3, 5; 256L.035; 256L.04, subdivisions 1, 1a, 7, 10; 256L.05,
subdivisions 1, 1b, 2, 3a; 256L.07, subdivisions 1, 2, 3, 6; 256L.09,
subdivision 4; 256L.11, subdivision 7; 256L.12, subdivision 9a; 256L.15,
subdivisions 1, 2, 4; 256L.17, subdivisions 2, 3, 7; 259.20, subdivision 2;
259.29, subdivision 1; 259.41; 259.53, subdivision 2; 259.57, subdivision 2; 259.67,
subdivision 4; 260C.209; 260C.212, subdivision 2; 462A.05, by adding a
subdivision; 518A.56, by adding a subdivision; 609.115, subdivisions 8, 9; Laws
2005, chapter 98, article 3, section 25; Laws 2005, First Special Session
chapter 4, article 9, section 3, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 16C; 62J; 144; 145; 149A; 152; 156; 245; 245C;
252; 254A; 256; 256B; 256C; 256J; 256L; repealing Minnesota Statutes 2006,
sections 62A.301; 62J.692, subdivision 10; 256B.0631, subdivision 4; 256B.441,
subdivisions 12, 16, 21, 26, 28, 42, 45; 256J.24, subdivision 6; 256J.29;
256J.37, subdivisions 3a, 3b; 256J.626, subdivisions 7, 9; 256L.035; 256L.07,
subdivision 2a; Laws 2004, chapter 288, article 6, section 27; Minnesota Rules,
parts 4610.2800; 9585.0030.
May 6, 2007
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
We, the undersigned conferees
for S. F. No. 2171 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. 2171 be further amended as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
CHILD WELFARE POLICY
Section 1. Minnesota
Statutes 2006, section 256.01, subdivision 2, is amended to read:
Subd. 2. Specific powers. Subject to the
provisions of section 241.021, subdivision 2, the commissioner of human
services shall carry out the specific duties in paragraphs (a) through (cc):
(a) Administer and supervise
all forms of public assistance provided for by state law and other welfare
activities or services as are vested in the commissioner. Administration and
supervision of human services activities or services includes, but is not
limited to, assuring timely and accurate distribution of benefits, completeness
of service, and quality program management. In addition to administering and
supervising human services activities vested by law in the department, the
commissioner shall have the authority to:
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5713
(1) require county agency
participation in training and technical assistance programs to promote compliance
with statutes, rules, federal laws, regulations, and policies governing human
services;
(2) monitor, on an ongoing
basis, the performance of county agencies in the operation and administration
of human services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote excellence of
administration and program operation;
(3) develop a quality
control program or other monitoring program to review county performance and
accuracy of benefit determinations;
(4) require county agencies
to make an adjustment to the public assistance benefits issued to any
individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;
(5) delay or deny payment of
all or part of the state and federal share of benefits and administrative
reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and
grants to public and private agencies and organizations, both profit and
nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual
agreements with federally recognized Indian tribes with a reservation in
Minnesota to the extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or
counties in the contractual agreement negotiations, if the county or counties
wish to be included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish necessary accounts
for the purposes of receiving and disbursing funds as necessary for the
operation of the programs.
(b) Inform county agencies,
on a timely basis, of changes in statute, rule, federal law, regulation, and
policy necessary to county agency administration of the programs.
(c) Administer and supervise
all child welfare activities; promote the enforcement of laws protecting
disabled, dependent, neglected and delinquent children, and children born to
mothers who were not married to the children's fathers at the times of the
conception nor at the births of the children; license and supervise
child-caring and child-placing agencies and institutions; supervise the care of
children in boarding and foster homes or in private institutions; and generally
perform all functions relating to the field of child welfare now vested in the
State Board of Control.
(d) Administer and supervise
all noninstitutional service to disabled persons, including those who are
visually impaired, hearing impaired, or physically impaired or otherwise
disabled. The commissioner may provide and contract for the care and treatment
of qualified indigent children in facilities other than those located and
available at state hospitals when it is not feasible to provide the service in
state hospitals.
(e) Assist and actively
cooperate with other departments, agencies and institutions, local, state, and
federal, by performing services in conformity with the purposes of Laws 1939,
chapter 431.
(f) Act as the agent of and
cooperate with the federal government in matters of mutual concern relative to
and in conformity with the provisions of Laws 1939, chapter 431, including the
administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939,
chapter 431, and including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at such times as
the federal government increases its participation in assistance expenditures
for medical care to recipients of public assistance, the cost thereof to be
borne in the same proportion as are grants of aid to said recipients.
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(g) Establish and maintain
any administrative units reasonably necessary for the performance of
administrative functions common to all divisions of the department.
(h) Act as designated
guardian of both the estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe
in Minnesota recognized by the Secretary of the Interior whose interests
would be best served by adoptive placement, the commissioner may contract with
a licensed child-placing agency or a Minnesota tribal social services agency to
provide adoption services. A contract with a licensed child-placing agency must
be designed to supplement existing county efforts and may not replace existing
county programs or tribal social services, unless the replacement is
agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence
that child placements of the county continue to be substantially below that of other
counties. Funds encumbered and obligated under an agreement for a specific
child shall remain available until the terms of the agreement are fulfilled or
the agreement is terminated.
(i) Act as coordinating
referral and informational center on requests for service for newly arrived
immigrants coming to Minnesota.
(j) The specific enumeration
of powers and duties as hereinabove set forth shall in no way be construed to
be a limitation upon the general transfer of powers herein contained.
(k) Establish county,
regional, or statewide schedules of maximum fees and charges which may be paid
by county agencies for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs of medical care
provided by the state and for congregate living care under the income
maintenance programs.
(l) Have the authority to
conduct and administer experimental projects to test methods and procedures of
administering assistance and services to recipients or potential recipients of
public welfare. To carry out such experimental projects, it is further provided
that the commissioner of human services is authorized to waive the enforcement
of existing specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall provide
alternative methods and procedures of administration, shall not be in conflict
with the basic purposes, coverage, or benefits provided by law, and in no event
shall the duration of a project exceed four years. It is further provided that
no order establishing an experimental project as authorized by the provisions
of this section shall become effective until the following conditions have been
met:
(1) the secretary of health
and human services of the United States has agreed, for the same project, to
waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan,
including estimated project costs, shall be approved by the Legislative
Advisory Commission and filed with the commissioner of administration.
(m) According to federal
requirements, establish procedures to be followed by local welfare boards in
creating citizen advisory committees, including procedures for selection of
committee members.
(n) Allocate federal fiscal
disallowances or sanctions which are based on quality control error rates for
the aid to families with dependent children program formerly codified in
sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:
(1)
one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance
and the AFDC program formerly codified in sections 256.72 to 256.87,
disallowances shall be shared by each county board in the same proportion as
that county's expenditures
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for the sanctioned program
are to the total of all counties' expenditures for the AFDC program formerly
codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50
percent of the sanction being distributed to each county in the same proportion
as that county's administrative costs for food stamps are to the total of all
food stamp administrative costs for all counties, and 50 percent of the
sanctions being distributed to each county in the same proportion as that
county's value of food stamp benefits issued are to the total of all benefits
issued for all counties. Each county shall pay its share of the disallowance to
the state of Minnesota. When a county fails to pay the amount due hereunder,
the commissioner may deduct the amount from reimbursement otherwise due the
county, or the attorney general, upon the request of the commissioner, may
institute civil action to recover the amount due; and
(2)
notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program
instruction, and that knowing noncompliance is a matter of official county
board record, the commissioner may require payment or recover from the county
or counties, in the manner prescribed in clause (1), an amount equal to the
portion of the total disallowance which resulted from the noncompliance, and
may distribute the balance of the disallowance according to clause (1).
(o)
Develop and implement special projects that maximize reimbursements and result
in the recovery of money to the state. For the purpose of recovering state
money, the commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into under this
paragraph shall be deposited in the state treasury and credited to a special
account until the balance in the account reaches $1,000,000. When the balance
in the account exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated to the
commissioner for the purposes of this paragraph.
(p)
Have the authority to make direct payments to facilities providing shelter to
women and their children according to section 256D.05, subdivision 3. Upon the
written request of a shelter facility that has been denied payments under
section 256D.05, subdivision 3, the commissioner shall review all relevant
evidence and make a determination within 30 days of the request for review
regarding issuance of direct payments to the shelter facility. Failure to act
within 30 days shall be considered a determination not to issue direct
payments.
(q)
Have the authority to establish and enforce the following county reporting
requirements:
(1)
the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for
human services programs. When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in consultation with
the counties, to determine if the reports can be simplified or the number of
reports can be reduced;
(2)
the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working
days after the end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the commissioner determines
that the deadline must be shortened to 20 calendar days to avoid jeopardizing
compliance with federal deadlines or risking a loss of federal funding. Only
reports that are complete, legible, and in the required format shall be
accepted by the commissioner;
(3) if
the required reports are not received by the deadlines established in clause
(2), the commissioner may delay payments and withhold funds from the county
board until the next reporting period. When the report is needed to account for
the use of federal funds and the late report results in a reduction in federal
funding, the commissioner shall withhold from the county boards with late
reports an amount equal to the reduction in federal funding until full federal
funding is received;
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(4) a
county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is
considered noncompliant. When a county board is found to be noncompliant, the
commissioner shall notify the county board of the reason the county board is
considered noncompliant and request that the county board develop a corrective
action plan stating how the county board plans to correct the problem. The
corrective action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance;
(5)
the final deadline for fiscal reports or amendments to fiscal reports is one
year after the date the report was originally due. If the commissioner does not
receive a report by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the county board must
repay any funds associated with the report received for that reporting period;
(6)
the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed
to provide appropriate forms, guidelines, and technical assistance to enable
the county to comply with the requirements. If the county board disagrees with
an action taken by the commissioner under clause (3) or (5), the county board
may appeal the action according to sections 14.57 to 14.69; and
(7)
counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or
services to clients to cover costs incurred due to actions taken by the
commissioner under clause (3) or (5).
(r)
Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random
sample for the foster care program under title IV-E of the Social Security Act,
United States Code, title 42, in direct proportion to each county's title IV-E
foster care maintenance claim for that period.
(s) Be
responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and
other participants in the human services programs administered by the
department.
(t)
Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these
overpayments in the human services programs administered by the department.
(u)
Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955
after the beneficiary's satisfaction of any deductible established in the
program. The commissioner shall require a rebate agreement from all
manufacturers of covered drugs as defined in section 256B.0625, subdivision 13.
Rebate agreements for prescription drugs delivered on or after July 1, 2002,
must include rebates for individuals covered under the prescription drug
program who are under 65 years of age. For each drug, the amount of the rebate
shall be equal to the rebate as defined for purposes of the federal rebate
program in United States Code, title 42, section 1396r-8. The manufacturers
must provide full payment within 30 days of receipt of the state invoice for
the rebate within the terms and conditions used for the federal rebate program
established pursuant to section 1927 of title XIX of the Social Security Act.
The manufacturers must provide the commissioner with any information necessary
to verify the rebate determined per drug. The rebate program shall utilize the
terms and conditions used for the federal rebate program established pursuant
to section 1927 of title XIX of the Social Security Act.
(v)
Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of
title XIX of the Social Security Act and according to the terms and conditions
of section 1927. Rebates shall be collected for all drugs that have been
dispensed or administered in an outpatient setting and that are from
manufacturers who have signed a rebate agreement with the United States
Department of Health and Human Services.
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(w) Have the authority to
administer a supplemental drug rebate program for drugs purchased under the
medical assistance program. The commissioner may enter into supplemental rebate
contracts with pharmaceutical manufacturers and may require prior authorization
for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the
provisions of section 256B.0625, subdivision 13.
(x) Operate the department's
communication systems account established in Laws 1993, First Special Session
chapter 1, article 1, section 2, subdivision 2, to manage shared communication
costs necessary for the operation of the programs the commissioner supervises.
A communications account may also be established for each regional treatment
center which operates communications systems. Each account must be used to
manage shared communication costs necessary for the operations of the programs
the commissioner supervises. The commissioner may distribute the costs of
operating and maintaining communication systems to participants in a manner
that reflects actual usage. Costs may include acquisition, licensing,
insurance, maintenance, repair, staff time and other costs as determined by the
commissioner. Nonprofit organizations and state, county, and local government
agencies involved in the operation of programs the commissioner supervises may
participate in the use of the department's communications technology and share
in the cost of operation. The commissioner may accept on behalf of the state
any gift, bequest, devise or personal property of any kind, or money tendered
to the state for any lawful purpose pertaining to the communication activities
of the department. Any money received for this purpose must be deposited in the
department's communication systems accounts. Money collected by the
commissioner for the use of communication systems must be deposited in the
state communication systems account and is appropriated to the commissioner for
purposes of this section.
(y) Receive any federal
matching money that is made available through the medical assistance program
for the consumer satisfaction survey. Any federal money received for the survey
is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in
either year of the biennium.
(z) Designate community information
and referral call centers and incorporate cost reimbursement claims from the
designated community information and referral call centers into the federal
cost reimbursement claiming processes of the department according to federal
law, rule, and regulations. Existing information and referral centers provided
by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in
these designations upon review by the commissioner and assurance that these
services are accredited and in compliance with national standards. Any
reimbursement is appropriated to the commissioner and all designated
information and referral centers shall receive payments according to normal department
schedules established by the commissioner upon final approval of allocation
methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.
(aa) Develop recommended
standards for foster care homes that address the components of specialized
therapeutic services to be provided by foster care homes with those services.
(bb) Authorize the method of
payment to or from the department as part of the human services programs administered
by the department. This authorization includes the receipt or disbursement of
funds held by the department in a fiduciary capacity as part of the human
services programs administered by the department.
(cc)
Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03,
subdivision 3. For manufacturers that agree to participate in the general
assistance medical care rebate program, the commissioner shall enter into a
rebate agreement for covered drugs as defined in section 256B.0625,
subdivisions 13 and 13d. For each drug, the amount of the rebate shall be equal
to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate
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program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall
utilize the terms and conditions used for the federal rebate program
established under section 1927 of title XIX of the Social Security Act.
Effective
January 1, 2006, drug coverage under general assistance medical care shall be
limited to those prescription drugs that:
(1)
are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and
(2)
are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such
agreements. Prescription drug coverage under general assistance medical care
shall conform to coverage under the medical assistance program according to
section 256B.0625, subdivisions 13 to 13g.
The
rebate revenues collected under the drug rebate program are deposited in the
general fund.
Sec.
2. Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:
Subd.
3. Child. When the child to be
adopted is over 14 years of age, the child's written consent to adoption by
a particular person is also shall be necessary. A child of any
age who is under the guardianship of the commissioner and is legally available
for adoption may not refuse or waive the commissioner's agent's exhaustive
efforts to recruit, identify, and place the child in an adoptive home required
under section 260C.317, subdivision 3, paragraph (b), or sign a document
relieving county social services agencies of all recruitment efforts on the
child's behalf.
Sec.
3. Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:
Subdivision
1. Notice to commissioner; referral for
postplacement assessment. (a) Upon the filing of a petition for adoption of
a child who is:
(1)
under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
(2)
placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an
agreement conferring authority to place for adoption according to section
259.25; or
(3)
placed by preadoptive custody order for a direct adoptive placement ordered by
the district court under section 259.47,
the court administrator
shall immediately transmit a copy of the petition to the commissioner of human
services.
(b)
The court shall immediately refer the petition to the agency specified below
for completion of a postplacement assessment and report as required by
subdivision 2.
(1) If
the child to be adopted has been committed to the guardianship of the
commissioner or an agency under section 260C.317 or an agency has been given
authority to place the child under section 259.25, the court shall refer the
petition to that agency, unless another agency is supervising the placement, in
which case the court shall refer the petition to the supervising agency.
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(2) If the child to be
adopted has been placed in the petitioner's home by a direct adoptive
placement, the court shall refer the petition to the agency supervising the
placement under section 259.47, subdivision 3, paragraph (a), clause (6).
(3) If the child is to be
adopted by an individual who is related to the child as defined by section
245A.02, subdivision 13, and in all other instances not described in clause (1)
or (2), the court shall refer the petition to the local social services agency
of the county in which the prospective adoptive parent lives.
Sec. 4. Minnesota Statutes
2006, section 259.57, subdivision 1, is amended to read:
Subdivision 1. Findings; orders. Upon the hearing,
(a) if the court finds that
it is in the best interests of the child that the petition be granted, a decree
of adoption shall be made and recorded in the office of the court
administrator, ordering that henceforth the child shall be the child of the
petitioner. In the decree the court may change the name of the child if
desired. After the decree is granted for a child who is:
(1) under the guardianship
of the commissioner or a licensed child-placing agency according to section
260C.201, subdivision 11, or 260C.317;
(2) placed by the commissioner,
commissioner's agent, or licensed child-placing agency after a consent to adopt
according to section 259.24 or under an agreement conferring authority to place
for adoption according to section 259.25; or
(3) adopted after a direct
adoptive placement ordered by the district court under section 259.47,
the court administrator
shall immediately mail a copy of the recorded decree to the commissioner of
human services;
(b) if the court is not
satisfied that the proposed adoption is in the best interests of the child, the
court shall deny the petition, and shall order the child returned to the
custody of the person or agency legally vested with permanent custody or
certify the case for appropriate action and disposition to the court having
jurisdiction to determine the custody and guardianship of the child.
Sec. 5. Minnesota Statutes
2006, section 259.67, subdivision 7, is amended to read:
Subd. 7. Reimbursement of costs. (a) Subject to
rules of the commissioner, and the provisions of this subdivision a
child-placing agency licensed in Minnesota or any other state, or local or
tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost of
providing adoption services for a child certified as eligible for adoption
assistance under subdivision 4. Such assistance. Adoption services under
this subdivision may include adoptive family recruitment, counseling, and
special training when needed.
(b) An eligible child must
have a goal of adoption, which may include an adoption in accordance with
tribal law, and meet one of the following criteria:
(1) is a ward of the
commissioner of human services or a ward of tribal court pursuant to section
260.755, subdivision 20, who meets one of the criteria in subdivision 4,
paragraph (b), clause (1), (2), or (3); or
(2) is under the
guardianship of a Minnesota-licensed child-placing agency who meets one of the
criteria in subdivision 4, paragraph (b), clause (1) or (2).
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(c) A child-placing agency
licensed in Minnesota or any other state shall receive reimbursement for
adoption services it purchases for or directly provides to an eligible child. Tribal
social services shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. A local or tribal
social services agency shall receive such reimbursement only for
adoption services it purchases for an eligible child.
(b) A child-placing agency
licensed in Minnesota or any other state or local or tribal social services
agency seeking reimbursement under this subdivision shall enter into Before providing adoption
services for which reimbursement will be sought under this subdivision, a reimbursement agreement,
on the designated format, must be entered into with the commissioner before
providing adoption services for which reimbursement is sought. No
reimbursement under this subdivision shall be made to an agency for services
provided prior to entering a reimbursement agreement. Separate reimbursement
agreements shall be made for each child and separate records shall be kept on
each child for whom a reimbursement agreement is made. The commissioner of
human services shall agree that the reimbursement costs are reasonable and
appropriate. The commissioner may spend up to $16,000 for each purchase of
service agreement. Only one agreement per child is allowed, unless an exception
is granted by the commissioner. Funds encumbered and obligated under such
an agreement for the child remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
(c) When a local or tribal
social services agency uses a purchase of service agreement to provide services
reimbursable under a reimbursement agreement, The commissioner may shall
make reimbursement payments directly to the agency providing the service if
direct reimbursement is specified by the purchase of service agreement, and if
the request for reimbursement is submitted by the local or tribal social
services agency along with a verification that the service was provided.
Sec. 6. Minnesota Statutes
2006, section 259.75, subdivision 8, is amended to read:
Subd. 8. Reasons for deferral. Deferral of the
listing of a child with the state adoption exchange shall be only for one or
more of the following reasons:
(a) the child is in an
adoptive placement but is not legally adopted;
(b) the child's foster
parents or other individuals are now considering adoption;
(c) diagnostic study or
testing is required to clarify the child's problem and provide an adequate
description; oder
(d) the child is currently
in a hospital and continuing need for daily professional care will not permit
placement in a family setting; or.
(e) the child is 14 years of
age or older and will not consent to an adoption plan.
Approval of a request to
defer listing for any of the reasons specified in paragraph (b) or (c) shall be
valid for a period not to exceed 90 days, with no subsequent deferrals for
those reasons.
Sec. 7. Minnesota Statutes
2006, section 260.012, is amended to read:
260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION;
REASONABLE EFFORTS.
(a) Once a child alleged to
be in need of protection or services is under the court's jurisdiction, the
court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to
eliminate the need for removal and to reunite the child with the child's family
at the earliest possible time, and when a child cannot be reunified with the
parent or guardian from whom the child was removed,
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the court must ensure that
the responsible social services agency makes reasonable efforts to finalize an
alternative permanent plan for the child as provided in paragraph (e). In
determining reasonable efforts to be made with respect to a child and in making
those reasonable efforts, the child's best interests, health, and safety must
be of paramount concern. Reasonable efforts to prevent placement and for
rehabilitation and reunification are always required except upon a
determination by the court that a petition has been filed stating a prima facie
case that:
(1) the parent has subjected
a child to egregious harm as defined in section 260C.007, subdivision 14;
(2) the parental rights of
the parent to another child have been terminated involuntarily;
(3) the child is an
abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause
(2);
(4) the parent's custodial
rights to another child have been involuntarily transferred to a relative under
section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law
of another jurisdiction; or
(5) the provision of
services or further services for the purpose of reunification is futile and
therefore unreasonable under the circumstances.
(b) When the court makes one
of the prima facie determinations under paragraph (a), either permanency
pleadings under section 260C.201, subdivision 11, or a termination of parental
rights petition under sections 260C.141 and 260C.301 must be filed. A
permanency hearing under section 260C.201, subdivision 11, must be held within
30 days of this determination.
(c) In the case of an Indian
child, in proceedings under sections 260B.178 or 260C.178, 260C.201, and
260C.301 the juvenile court must make findings and conclusions consistent with
the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1901, the
responsible social services agency must provide active efforts as required
under United States Code, title 25, section 1911(d).
(d) "Reasonable efforts
to prevent placement" means:
(1) the agency has made
reasonable efforts to prevent the placement of the child in foster care; or
(2) given the particular
circumstances of the child and family at the time of the child's removal, there
are no services or efforts available which could allow the child to safely
remain in the home.
(e) "Reasonable efforts
to finalize a permanent plan for the child" means due diligence by the
responsible social services agency to:
(1) reunify the child with
the parent or guardian from whom the child was removed;
(2) assess a noncustodial
parent's ability to provide day-to-day care for the child and, where
appropriate, provide services necessary to enable the noncustodial parent to
safely provide the care, as required by section 260C.212, subdivision 4;
(3) conduct a relative
search as required under section 260C.212, subdivision 5; and
(4) when the child cannot
return to the parent or guardian from whom the child was removed, to plan for
and finalize a safe and legally permanent alternative home for the child, and
considers permanent alternative homes for the child inside or outside of the
state, preferably through adoption or transfer of permanent legal and
physical custody of the child.
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(f) Reasonable efforts are
made upon the exercise of due diligence by the responsible social services
agency to use culturally appropriate and available services to meet the needs
of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services
available in the community. At each stage of the proceedings where the court is
required to review the appropriateness of the responsible social services
agency's reasonable efforts as described in paragraphs (a), (d), and (e), the
social services agency has the burden of demonstrating that:
(1) it has made reasonable
efforts to prevent placement of the child in foster care;
(2) it has made reasonable
efforts to eliminate the need for removal of the child from the child's home
and to reunify the child with the child's family at the earliest possible time;
(3) it has made reasonable
efforts to finalize an alternative permanent home for the child, and
considers permanent alternative homes for the child inside or outside of the
state; or
(4) reasonable efforts to
prevent placement and to reunify the child with the parent or guardian are not
required. The agency may meet this burden by stating facts in a sworn petition
filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need
for reasonable efforts to reunify the parent and child, or through testimony or
a certified report required under juvenile court rules.
(g) Once the court
determines that reasonable efforts for reunification are not required because
the court has made one of the prima facie determinations under paragraph (a),
the court may only require reasonable efforts for reunification after a hearing
according to section 260C.163, where the court finds there is not clear and
convincing evidence of the facts upon which the court based its prima facie
determination. In this case when there is clear and convincing evidence that
the child is in need of protection or services, the court may find the child in
need of protection or services and order any of the dispositions available
under section 260C.201, subdivision 1. Reunification of a surviving child with
a parent is not required if the parent has been convicted of:
(1) a violation of, or an
attempt or conspiracy to commit a violation of, sections 609.185 to 609.20;
609.222, subdivision 2; or 609.223 in regard to another child of the parent;
(2) a violation of section
609.222, subdivision 2; or 609.223, in regard to the surviving child; or
(3) a violation of, or an
attempt or conspiracy to commit a violation of, United States Code, title 18,
section 1111(a) or 1112(a), in regard to another child of the parent.
(h) The juvenile court, in
proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 shall
make findings and conclusions as to the provision of reasonable efforts. When
determining whether reasonable efforts have been made, the court shall consider
whether services to the child and family were:
(1) relevant to the safety
and protection of the child;
(2) adequate to meet the
needs of the child and family;
(3) culturally appropriate;
(4) available and
accessible;
(5) consistent and timely;
and
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(6)
realistic under the circumstances.
In the
alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable
under the circumstances or that reasonable efforts are not required as provided
in paragraph (a).
(i)
This section does not prevent out-of-home placement for treatment of a child
with a mental disability when the child's diagnostic assessment or individual
treatment plan indicates that appropriate and necessary treatment cannot be
effectively provided outside of a residential or inpatient treatment program.
(j) If
continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by
the court to be inconsistent with the permanent plan for the child or upon the
court making one of the prima facie determinations under paragraph (a),
reasonable efforts must be made to place the child in a timely manner in a safe
and permanent home and to complete whatever steps are necessary to legally
finalize the permanent placement of the child.
(k)
Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement
or to reunify the child with the parent or guardian from whom the child was
removed. When the responsible social services agency decides to concurrently
make reasonable efforts for both reunification and permanent placement away
from the parent under paragraph (a), the agency shall disclose its decision and
both plans for concurrent reasonable efforts to all parties and the court. When
the agency discloses its decision to proceed on both plans for reunification
and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both
plans.
Sec.
8. Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to
read:
Subd.
12. Indian tribe. "Indian
tribe" means an Indian tribe, band, nation, or other organized group or
community of Indians recognized as eligible for the services provided to
Indians by the secretary because of their status as Indians, including any band
Native group under the Alaska Native Claims Settlement Act, United States
Code, title 43, section 1602, and exercising tribal governmental powers.
Sec.
9. Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to
read:
Subd.
20. Tribal court. "Tribal
court" means a court with federally recognized jurisdiction over
child custody proceedings and which is either a court of Indian
offenses, or a court established and operated under the code or custom of an
Indian tribe, or the any other administrative body of a tribe
which is vested with authority over child custody proceedings. Except as
provided in section 260.771, subdivision 5, nothing in this chapter shall be
construed as conferring jurisdiction on an Indian tribe.
Sec.
10. Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to
read:
Subd.
7. Identification of extended family
members. Any agency considering placement of an Indian child shall make reasonable
active efforts to identify and locate extended family members.
Sec.
11. Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to
read:
Subd.
5. Identification of extended family
members. Any agency considering placement of an Indian child shall make reasonable
active efforts to identify and locate extended family members.
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Sec. 12. Minnesota Statutes
2006, section 260.771, subdivision 1, is amended to read:
Subdivision 1. Indian tribe jurisdiction. An Indian
tribe with a tribal court has exclusive jurisdiction over a child
placement proceeding involving an Indian child who resides or is domiciled within
the reservation of such the tribe at the commencement of the
proceedings, except where jurisdiction is otherwise vested in the state
by existing federal law. When an Indian child is in the legal custody of
a person or agency pursuant to an order of a ward of the tribal
court, the Indian tribe retains exclusive jurisdiction, notwithstanding the
residence or domicile of the child.
Sec. 13. Minnesota Statutes
2006, section 260.771, subdivision 2, is amended to read:
Subd. 2. Court determination of tribal affiliation
of child. In any child placement proceeding, the court shall establish
whether an Indian child is involved and the identity of the Indian child's
tribe. This chapter and the federal Indian Child Welfare Act are applicable
without exception in any child custody proceeding, as defined in the federal
act, involving an Indian child. This chapter applies to child custody
proceedings involving an Indian child whether the child is in the physical or
legal custody of an Indian parent, Indian custodian, Indian extended family
member, or other person at the commencement of the proceedings. A court shall
not determine the applicability of this chapter or the federal Indian Child
Welfare Act to a child custody proceeding based upon whether an Indian child is
part of an existing Indian family or based upon the level of contact a child
has with the child's Indian tribe, reservation, society, or off-reservation
community.
Sec. 14. [260.852] PLACEMENT PROCEDURES.
Subdivision 1. Home study. The state must have procedures for the
orderly and timely interstate placement of children that are implemented in
accordance with an interstate compact and that, within 60 days after the state
receives from another state a request to conduct a study of a home environment
for purposes of assessing the safety and suitability of placing a child in the home,
the state shall, directly or by contract, conduct and complete a home study and
return to the other state a report on the results of the study, which shall
address the extent to which placement in the home would meet the needs of the
child; except in the case of a home study begun before October 1, 2008, if the
state fails to comply with conducting and completing the home study within the
60-day period and this is as a result of circumstances beyond the control of
the state, the state has 75 days to comply if the state documents the
circumstances involved and certifies that completing the home study is in the
best interests of the child.
This subdivision does not
require the completion within the applicable period of the parts of the home
study involving the education and training of the prospective foster or
adoptive parents.
Subd. 2. Effect of received report. The state shall treat any
report described in subdivision 1 that is received from another state, an
Indian tribe, or a private agency under contract with another state or Indian
tribe as meeting any requirements imposed by the state for the completion of a
home study before placing a child in the home, unless, within 14 days after
receipt of the report, the state determines, based on grounds that are specific
to the content of the report, that making a decision in reliance on the report
would be contrary to the welfare of the child.
Subd. 3. Resources. The state shall make effective use of
cross-jurisdictional resources, including through contract for the purchase of
services, and shall eliminate legal barriers to facilitate timely adoptive or
permanent placements for waiting children. The state shall not impose any
restriction on the use of private agencies for the purpose of conducting a home
study to meet the 60-day requirement.
Subd. 4. Incentive eligibility. Minnesota is an incentive-eligible
state and must:
(1) have an approved plan as
required by the United States Secretary of Health and Human Services;
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(2) be in compliance with
the data requirements of the United States Department of Health and Human
Services; and
(3) have data that verify
that a home study is completed within 30 days.
Subd. 5. Data requirements. The state shall provide to the United
States Secretary of Health and Human Services a written report, covering the
preceding fiscal year, that specifies:
(1) the total number of
interstate home studies requested by the state with respect to children in
foster care under the responsibility of the state, and with respect to each
study, the identity of the other state involved;
(2) the total number of
timely interstate home studies completed by the state with respect to children
in foster care under the responsibility of other states and, with respect to
each study, the identity of the other state involved; and
(3) other information the
United States Secretary of Health and Human Services requires in order to
determine whether Minnesota is a home study incentive-eligible state.
Subd. 6. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Home study"
means an evaluation of a home environment conducted in accordance with
applicable requirements of the state in which the home is located, to determine
whether a proposed placement of a child would meet the individual needs of the
child, including the child's safety; permanency; health; well-being; and
mental, emotional, and physical development.
(c) "Interstate home
study" means a home study conducted by a state at the request of another
state to facilitate an adoptive or foster placement in the state of a child in
foster care under the responsibility of the state.
(d) "Timely interstate
home study" means an interstate home study completed by a state if the
state provides to the state that requested the study, within 30 days after
receipt of the request, a report on the results of the study, except that there
is no requirement for completion within the 30-day period of the parts of the
home study involving the education and training of the prospective foster or
adoptive parents.
Subd. 7. Background study requirements for adoption and foster care. (a)
Background study requirements for an adoption home study must be completed
consistent with section 259.41, subdivisions 1, 2, and 3.
(b) Background study
requirements for a foster care license must be completed consistent with
section 245C.08.
Subd. 8. Home visits. If a child has been placed in foster care
outside the state in which the home of the parents of the child is located,
periodically, but at least every six months, a caseworker on the staff of the
agency of the state in which the home of the parents of the child is located or
the state in which the child has been placed, or a private agency under
contract with either state, must visit the child in the home or institution and
submit a report on each visit to the agency of the state in which the home of
the parents of the child is located.
Sec. 15. Minnesota Statutes
2006, section 260B.157, subdivision 1, is amended to read:
Subdivision 1. Investigation. Upon request of the
court the local social services agency or probation officer shall investigate
the personal and family history and environment of any minor coming within the
jurisdiction of the court under section 260B.101 and shall report its findings
to the court. The court may order any minor coming within its jurisdiction to
be examined by a duly qualified physician, psychiatrist, or psychologist
appointed by the court.
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The
court shall have order a chemical use assessment conducted when a
child is (1) found to be delinquent for violating a provision of chapter 152,
or for committing a felony-level violation of a provision of chapter 609 if the
probation officer determines that alcohol or drug use was a contributing factor
in the commission of the offense, or (2) alleged to be delinquent for violating
a provision of chapter 152, if the child is being held in custody under a
detention order. The assessor's qualifications and the assessment criteria
shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended treatment, the
assessment and placement must comply with all provisions of Minnesota Rules,
parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030. The commissioner of
human services shall reimburse the court for the cost of the chemical use
assessment, up to a maximum of $100.
The
court shall have order a children's mental health screening
conducted when a child is found to be delinquent. The screening shall be
conducted with a screening instrument approved by the commissioner of human
services and shall be conducted by a mental health practitioner as defined in
section 245.4871, subdivision 26, or a probation officer who is trained in the
use of the screening instrument. If the screening indicates a need for
assessment, the local social services agency, in consultation with the child's
family, shall have a diagnostic assessment conducted, including a functional
assessment, as defined in section 245.4871.
With
the consent of the commissioner of corrections and agreement of the county to
pay the costs thereof, the court may, by order, place a minor coming within its
jurisdiction in an institution maintained by the commissioner for the
detention, diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given due consideration
in the disposition of the case. Any funds received under the provisions of this
subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are
available for use by the commissioner of corrections during that period and are
hereby appropriated annually to the commissioner of corrections as
reimbursement of the costs of providing these services to the juvenile courts.
Sec.
16. Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to
read:
Subd.
5. Notice to foster parents and
preadoptive parents and relatives. The foster parents, if any, of a child
and any preadoptive parent or relative providing care for the child must be
provided notice of and an opportunity a right to be heard in any
review or hearing to be held with respect to the child. Any other relative may
also request, and must be granted, a notice and the opportunity to be heard
under this section. This subdivision does not require that a foster parent,
preadoptive parent, or relative providing care for the child be made a party to
a review or hearing solely on the basis of the notice and opportunity
right to be heard.
Sec.
17. Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to
read:
Subdivision
1. General. (a) Except for hearings
arising under section 260C.425, hearings on any matter shall be without a jury
and may be conducted in an informal manner. In all adjudicatory proceedings
involving a child alleged to be in need of protection or services, the court
shall admit only evidence that would be admissible in a civil trial. To be
proved at trial, allegations of a petition alleging a child to be in need of protection
or services must be proved by clear and convincing evidence.
(b)
Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be
continued or adjourned from time to time. In proceedings involving a child
alleged to be in need of protection or services and petitions for the
termination of parental rights, hearings may not be continued or adjourned for
more than one week unless the court makes specific findings that the
continuance or adjournment is in the best interests of the child. If a hearing
is held on a petition involving physical or sexual abuse of a child who is
alleged to be in need of protection or services or neglected and in foster
care, the court shall file the decision with the court administrator as soon as
possible but no later than 15 days after the matter is submitted to the court.
When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.
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(c)
Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those
persons who, in the discretion of the court, have a direct interest in the case
or in the work of the court.
(d)
Adoption hearings shall be conducted in accordance with the provisions of laws
relating to adoptions.
(e)
In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall ensure that any consult with the child
is in an age-appropriate manner.
Sec.
18. Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to
read:
Subd.
11. Review of court-ordered placements;
permanent placement determination. (a) This subdivision and subdivision 11a
do not apply in cases where the child is in placement due solely to the child's
developmental disability or emotional disturbance, where legal custody has not
been transferred to the responsible social services agency, and where the court
finds compelling reasons under section 260C.007, subdivision 8, to continue the
child in foster care past the time periods specified in this subdivision.
Foster care placements of children due solely to their disability are governed
by section 260C.141, subdivision 2a. In all other cases where the child is in
foster care or in the care of a noncustodial parent under subdivision 1, the
court shall commence proceedings to determine the permanent status of a child
not later than 12 months after the child is placed in foster care or in the
care of a noncustodial parent. At the admit-deny hearing commencing such
proceedings, the court shall determine whether there is a prima facie basis for
finding that the agency made reasonable efforts, or in the case of an Indian
child active efforts, required under section 260.012 and proceed according to
the rules of juvenile court.
For
purposes of this subdivision, the date of the child's placement in foster care
is the earlier of the first court-ordered placement or 60 days after the date
on which the child has been voluntarily placed in foster care by the child's
parent or guardian. For purposes of this subdivision, time spent by a child
under the protective supervision of the responsible social services agency in
the home of a noncustodial parent pursuant to an order under subdivision 1
counts towards the requirement of a permanency hearing under this subdivision
or subdivision 11a. Time spent on a trial home visit does not count counts
towards the requirement of a permanency hearing under this subdivision oder
and a permanency review for a child under eight years of age under subdivision
11a.
For
purposes of this subdivision, 12 months is calculated as follows:
(1)
during the pendency of a petition alleging that a child is in need of
protection or services, all time periods when a child is placed in foster care
or in the home of a noncustodial parent are cumulated;
(2) if
a child has been placed in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time periods when the
child was placed in foster care within the previous five years are cumulated.
If a child under this clause has been in foster care for 12 months or more, the
court, if it is in the best interests of the child and for compelling reasons,
may extend the total time the child may continue out of the home under the
current petition up to an additional six months before making a permanency
determination.
(b)
Unless the responsible social services agency recommends return of the child to
the custodial parent or parents, not later than 30 days prior to the admit-deny
hearing required under paragraph (a) and the rules of juvenile court, the
responsible social services agency shall file pleadings in juvenile court to
establish the basis for the juvenile court to order permanent placement of the
child, including a termination of parental rights petition, according to
paragraph (d). Notice of the hearing and copies of the pleadings must be provided
pursuant to section 260C.152.
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(c)
The permanency proceedings shall be conducted in a timely fashion including
that any trial required under section 260C.163 shall be commenced within 60
days of the admit-deny hearing required under paragraph (a). At the conclusion
of the permanency proceedings, the court shall:
(1)
order the child returned to the care of the parent or guardian from whom the
child was removed; or
(2)
order a permanent placement or termination of parental rights if permanent
placement or termination of parental rights is in the child's best interests.
The "best interests of the child" means all relevant factors to be
considered and evaluated. Transfer of permanent legal and physical custody,
termination of parental rights, or guardianship and legal custody to the
commissioner through a consent to adopt are preferred permanency options for a
child who cannot return home.
(d) If
the child is not returned to the home, the court must order one of the
following dispositions:
(1)
permanent legal and physical custody to a relative in the best interests of the
child according to the following conditions:
(i) 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;
(ii)
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 set out in the juvenile court rules;
(iii)
an order establishing permanent legal and physical custody under this
subdivision must be filed with the family court;
(iv) 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;
(v)
the social services agency may bring a petition or motion naming a fit and
willing relative as a proposed permanent legal and physical custodian. The
commissioner of human services shall annually prepare for counties information
that must be given to proposed custodians about their legal rights and
obligations as custodians together with information on financial and medical
benefits for which the child is eligible; and
(vi)
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 or for the
purpose of ensuring conditions ordered by the court related to the care and
custody of the child are met;
(2) termination
of parental rights when the requirements of sections 260C.301 to 260C.328 are
met or according to the following conditions:
(i)
order the social services agency to file a petition for termination of parental
rights in which case all the requirements of sections 260C.301 to 260C.328
remain applicable; and
(ii)
an adoption completed subsequent to a determination under this subdivision may
include an agreement for communication or contact under section 259.58;
(3)
long-term foster care according to the following conditions:
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(i)
the court may order a child into long-term foster care only if it approves the
responsible social service agency's compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor termination of parental
rights is in the child's best interests;
(ii)
further, the court may only order long-term foster care for the child under
this section if it finds the following:
(A)
the child has reached age 12 and the responsible social services agency has
made reasonable efforts to locate and place the child with an adoptive family
or with a fit and willing relative who will agree to a transfer of permanent
legal and physical custody of the child, but such efforts have not proven
successful; or
(B)
the child is a sibling of a child described in subitem (A) and the siblings
have a significant positive relationship and are ordered into the same
long-term foster care home; and
(iii)
at least annually, the responsible social services agency reconsiders its
provision of services to the child and the child's placement in long-term
foster care to ensure that:
(A)
long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability, including whether
there is another permanent placement option under this chapter that would
better serve the child's needs and best interests;
(B)
whenever possible, there is an identified long-term foster care family that is
committed to being the foster family for the child as long as the child is a
minor or under the jurisdiction of the court;
(C)
the child is receiving appropriate services or assistance to maintain or build
connections with the child's family and community;
(D)
the child's physical and mental health needs are being appropriately provided
for; and
(E)
the child's educational needs are being met;
(4)
foster care for a specified period of time according to the following
conditions:
(i)
foster care for a specified period of time may be ordered only if:
(A)
the sole basis for an adjudication that the child is in need of protection or
services is the child's behavior;
(B)
the court finds that foster care for a specified period of time is in the best
interests of the child; and
(C)
the court approves the responsible social services agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative,
nor termination of parental rights is in the child's best interests;
(ii)
the order does not specify that the child continue in foster care for any
period exceeding one year; or
(5)
guardianship and legal custody to the commissioner of human services under the
following procedures and conditions:
(i)
there is an identified prospective adoptive home agreed to by the responsible
social services agency having legal custody of the child pursuant to court
order under this section that has agreed to adopt the child and the court
accepts the parent's voluntary consent to adopt under section 259.24, except
that such consent executed by a parent under this item, following proper notice
that consent given under this provision is irrevocable upon acceptance by the
court, shall be irrevocable unless fraud is established and an order issues
permitting revocation as stated in item (vii);
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(ii) if the court accepts a
consent to adopt in lieu of ordering one of the other enumerated permanency
dispositions, the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to achieve a finalized
adoption;
(iii) a consent to adopt
under this clause vests all legal authority regarding the child, including
guardianship and legal custody of the child, with the commissioner of human
services as if the child were a state ward after termination of parental
rights;
(iv) the court must forward
a copy of the consent to adopt, together with a certified copy of the order
transferring guardianship and legal custody to the commissioner, to the
commissioner;
(v) if an adoption is not
finalized by the identified prospective adoptive parent within 12 months of the
execution of the consent to adopt under this clause, the commissioner of human
services or the commissioner's delegate shall pursue adoptive placement in
another home unless the commissioner certifies that the failure to finalize is
not due to either an action or a failure to act by the prospective adoptive
parent;
(vi) notwithstanding item
(v), the commissioner of human services or the commissioner's designee must
pursue adoptive placement in another home as soon as the commissioner or
commissioner's designee determines that finalization of the adoption with the
identified prospective adoptive parent is not possible, that the identified
prospective adoptive parent is not willing to adopt the child, that the
identified prospective adoptive parent is not cooperative in completing the
steps necessary to finalize the adoption, or upon the commissioner's
determination to withhold consent to the adoption.
(vii) unless otherwise
required by the Indian Child Welfare Act, United States Code, title 25, section
1913, a consent to adopt executed under this section, following proper notice
that consent given under this provision is irrevocable upon acceptance by the
court, shall be irrevocable upon acceptance by the court except upon order
permitting revocation issued by the same court after written findings that
consent was obtained by fraud.
(e) In ordering a permanent
placement of a child, the court must be governed by the best interests of the
child, including a review of the relationship between the child and relatives
and the child and other important persons with whom the child has resided or
had significant contact. When the court has determined that permanent
placement of the child away from the parent is necessary, the court shall
consider permanent alternative homes that are available both inside and outside
the state.
(f) Once a permanent
placement determination has been made and permanent placement has been
established, further court reviews are necessary if:
(1) the placement is
long-term foster care or foster care for a specified period of time;
(2) the court orders further
hearings because it has retained jurisdiction of a transfer of permanent legal
and physical custody matter;
(3) an adoption has not yet
been finalized; or
(4) there is a disruption of
the permanent or long-term placement.
(g) Court reviews of an
order for long-term foster care, whether under this section or section
260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and
must review the child's out-of-home placement plan and the reasonable efforts
of the agency to finalize the permanent plan for the child including the
agency's efforts to:
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(1) ensure that long-term
foster care continues to be the most appropriate legal arrangement for meeting
the child's need for permanency and stability or, if not, to identify and
attempt to finalize another permanent placement option under this chapter that
would better serve the child's needs and best interests;
(2)
identify a specific long-term foster home for the child, if one has not already
been identified;
(3)
support continued placement of the child in the identified home, if one has
been identified;
(4)
ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of long-term
foster care and also ensure appropriate services or assistance to maintain
relationships with appropriate family members and the child's community; and
(5)
plan for the child's independence upon the child's leaving long-term foster
care living as required under section 260C.212, subdivision 1.
(h) In
the event it is necessary for a child that has been ordered into foster care
for a specified period of time to be in foster care longer than one year after
the permanency hearing held under this section, not later than 12 months after
the time the child was ordered into foster care for a specified period of time,
the matter must be returned to court for a review of the appropriateness of
continuing the child in foster care and of the responsible social services
agency's reasonable efforts to finalize a permanent plan for the child; if it
is in the child's best interests to continue the order for foster care for a
specified period of time past a total of 12 months, the court shall set
objectives for the child's continuation in foster care, specify any further amount
of time the child may be in foster care, and review the plan for the safe
return of the child to the parent.
(i) An
order permanently placing a child out of the home of the parent or guardian
must include the following detailed findings:
(1)
how the child's best interests are served by the order;
(2)
the nature and extent of the responsible social service agency's reasonable
efforts, or, in the case of an Indian child, active efforts to reunify the
child with the parent or guardian where reasonable efforts are required;
(3)
the parent's or parents' efforts and ability to use services to correct the
conditions which led to the out-of-home placement; and
(4)
that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.
(j) An
order for permanent legal and physical custody of a child may be modified under
sections 518.18 and 518.185. The social services agency is a party to the
proceeding and must receive notice. A parent may only seek modification of an
order for long-term foster care upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the parent could
provide appropriate care for the child and that removal of the child from the
child's permanent placement and the return to the parent's care would be in the
best interest of the child. The responsible social services agency may ask the
court to vacate an order for long-term foster care upon a prima facie showing
that there is a factual basis for the court to order another permanency option
under this chapter and that such an option is in the child's best interests.
Upon a hearing where the court determines that there is a factual basis for
vacating the order for long-term foster care and that another permanent order
regarding the placement of the child is in the child's best interests, the
court may vacate the order for long-term foster care and enter a different
order for permanent placement that is in the child's best interests. The court shall
not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for long-term foster care and
ordering a different permanent placement in the child's best interests. The
county attorney must file pleadings and give notice as required under the rules
of juvenile court in order to modify an order for long-term foster care under
this paragraph.
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(k)
The court shall issue an order required under this section within 15 days of
the close of the proceedings. The court may extend issuing the order an
additional 15 days when necessary in the interests of justice and the best
interests of the child.
(l)
This paragraph applies to proceedings required under this subdivision when the
child is on a trial home visit:
(1)
if the child is on a trial home visit 12 months after the child was placed in
foster care or in the care of a noncustodial parent as calculated in this
subdivision, the responsible social services agency may file a report with the
court regarding the child's and parent's progress on the trial home visit and
its reasonable efforts to finalize the child's safe and permanent return to the
care of the parent in lieu of filing the pleadings required under paragraph
(b). The court shall make findings regarding reasonableness of the responsible
social services efforts to finalize the child's return home as the permanent
order in the best interests of the child. The court may continue the trial home
visit to a total time not to exceed six months as provided in subdivision 1. If
the court finds the responsible social services agency has not made reasonable
efforts to finalize the child's return home as the permanent order in the best
interests of the child, the court may order other or additional efforts to
support the child remaining in the care of the parent; and
(2)
if a trial home visit ordered or continued at proceedings under this
subdivision terminates, the court shall re-commence proceedings under this
subdivision to determine the permanent status of the child not later than 30
days after the child is returned to foster care.
Sec.
19. Minnesota Statutes 2006, 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 a residential facility by court order or by the voluntary release
of the child by the parent or parents.
For
purposes of this section, a residential facility means any group home, family
foster home or other publicly supported out-of-home residential facility,
including any out-of-home residential facility under contract with the state,
county or other political subdivision, or any agency thereof, to provide those
services or foster care as defined in section 260C.007, subdivision 18.
(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 residential facility, and, where appropriate, the
child. For a child in placement due solely or in part to the child's emotional
disturbance, 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:
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(1) a description of the
residential facility 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 a residential facility, 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 the residential facility, and whether visitation is
consistent with the best interest of the child, during the period the child is
in the residential facility;
(6) documentation of steps
to finalize the 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, and. At a minimum, the
documentation must include 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);
(7) to the extent
available and accessible, the health and educational records of the child
including the most recent information available regarding:
(i) the names and addresses
of the child's health and educational providers;
(ii) the child's grade level
performance;
(iii) the child's school
record;
(iv) assurances that 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;
(v) a record of the child's
immunizations;
(vi) the child's known
medical problems, including any known communicable diseases, as defined in
section 144.4172, subdivision 2;
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(vii) the child's
medications; and
(viii) any other relevant
health and education information;
(8) an independent living
plan for a child age 16 or older who is in placement as a result of a
permanency disposition. 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;
(v) planning for housing;
(vi) social and recreational
skills; and
(vii) establishing and
maintaining connections with the child's family and community; and
(9) for a child in placement
due solely or in part to the child's emotional disturbance, 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. 20. Minnesota Statutes
2006, section 260C.212, subdivision 4, is amended to read:
Subd. 4. Responsible social service agency's duties
for children in placement. (a) When a child is in placement, the
responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.
(1) The responsible social
services agency shall assess whether a noncustodial or nonadjudicated parent is
willing and capable of providing for the day-to-day care of the child
temporarily or permanently. An assessment under this clause may include, but is
not limited to, obtaining information under section 260C.209. If after
assessment, the responsible social services agency determines that a
noncustodial or nonadjudicated parent is willing and capable of providing
day-to-day care of the child, the responsible social services agency may seek
authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the
responsible social services agency shall require the nonadjudicated parent to
cooperate with paternity establishment procedures as part of the case plan.
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(2) If, after assessment,
the responsible social services agency determines that the child cannot be in
the day-to-day care of either parent, the agency shall:
(i) prepare an out-of-home
placement plan addressing the conditions that each parent must meet before the
child can be in that parent's day-to-day care; and
(ii) provide a parent who is
the subject of a background study under section 260C.209 15 days' notice that
it intends to use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209, subdivision 4, and
the court shall afford the parent an opportunity to be heard concerning the
study.
The results of a background
study of a noncustodial parent shall not be used by the agency to determine
that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of
that parent would endanger the child's health, safety, or welfare.
(3) If, after the provision
of services following an out-of-home placement plan under this section, the
child cannot return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal
custody with that parent under section 260C.201, subdivision 11. If paternity
has not already been established, it may be established in the same proceeding
in the manner provided for under chapter 257.
(4) The responsible social
services agency may be relieved of the requirement to locate and offer services
to both parents by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.
(b) The responsible social
services agency shall give notice to the parent or parents or guardian of each
child in a residential facility, other than a child in placement due solely to
that child's developmental disability or emotional disturbance, of the
following information:
(1) that residential care of
the child may result in termination of parental rights or an order permanently
placing the child out of the custody of the parent, but only after notice and a
hearing as required under chapter 260C and the juvenile court rules;
(2) time limits on the
length of placement and of reunification services, including the date on which
the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;
(3) the nature of the
services available to the parent;
(4) the consequences to the
parent and the child if the parent fails or is unable to use services to
correct the circumstances that led to the child's placement;
(5) the first consideration
for placement with relatives;
(6) the benefit to the child
in getting the child out of residential care as soon as possible, preferably by
returning the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;
(7) when safe for the child,
the benefits to the child and the parent of maintaining visitation with the
child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and
(8) the financial
responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in the residential
facility.
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(c)
The responsible social services agency shall inform a parent considering
voluntary placement of a child who is not developmentally disabled or
emotionally disturbed of the following information:
(1)
the parent and the child each has a right to separate legal counsel before
signing a voluntary placement agreement, but not to counsel appointed at public
expense;
(2) the
parent is not required to agree to the voluntary placement, and a parent who
enters a voluntary placement agreement may at any time request that the agency
return the child. If the parent so requests, the child must be returned within
24 hours of the receipt of the request;
(3)
evidence gathered during the time the child is voluntarily placed may be used
at a later time as the basis for a petition alleging that the child is in need
of protection or services or as the basis for a petition seeking termination of
parental rights or other permanent placement of the child away from the parent;
(4) if
the responsible social services agency files a petition alleging that the child
is in need of protection or services or a petition seeking the termination of parental
rights or other permanent placement of the child away from the parent, the
parent would have the right to appointment of separate legal counsel and the
child would have a right to the appointment of counsel and a guardian ad litem
as provided by law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and
(5)
the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under section
260C.201, subdivision 11.
(d)
When an agency accepts a child for placement, the agency shall determine
whether the child has had a physical examination by or under the direction of a
licensed physician within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation that the child has
had an examination within the last 12 months, the agency is responsible for
seeing that the child has another physical examination within one year of the
documented examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination within the 12
months immediately preceding placement, the agency shall ensure that the child
has an examination within 30 days of coming into the agency's care and once a
year in subsequent years.
(e)
If a child leaves foster care by reason of having attained the age of majority
under state law, the child must be given at no cost a copy of the child's
health and education report.
Sec.
21. Minnesota Statutes 2006, section 260C.212, subdivision 9, is amended to
read:
Subd.
9. Review of certain child placements.
(a) When a developmentally disabled child or emotionally disturbed child
needs placement in a residential facility for the sole reason of accessing
services or a level of skilled care that cannot be provided in the parent's
home, the child must be placed pursuant to a voluntary placement agreement
between the responsible social services agency and the child's parent. The
voluntary placement agreement must give the responsible social services agency
legal responsibility for the child's physical care, custody, and control, but
must not transfer legal custody of the child to the agency. The voluntary
placement agreement must be executed in a form developed and promulgated by the
commissioner of human services. The responsible social services agency shall
report to the commissioner the number of children who are the subject of a
voluntary placement agreement under this subdivision and other information
regarding these children as the commissioner may require.
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(b) If a developmentally
disabled child or a child diagnosed as emotionally disturbed has been placed in
a residential facility pursuant to a voluntary release by the child's parent or
parents because of the child's disabling conditions or need for long-term
residential treatment or supervision, the social services agency responsible
for the placement shall report to the court and bring a petition for review of
the child's foster care status as required in section 260C.141, subdivision 2a.
(b) (c) If a child is in
placement due solely to the child's developmental disability or emotional
disturbance, and the court finds compelling reasons not to proceed under
section 260C.201, subdivision 11, and custody of the child is not
transferred to the responsible social services agency under section 260C.201,
subdivision 1, paragraph (a), clause (2), and no petition is required by
section 260C.201, subdivision 11.
(c) (d) Whenever a
petition for review is brought pursuant to this subdivision, a guardian ad
litem shall be appointed for the child.
Sec. 22. Minnesota Statutes
2006, section 260C.317, subdivision 3, is amended to read:
Subd. 3. Order; retention of jurisdiction. (a) A
certified copy of the findings and the order terminating parental rights, and a
summary of the court's information concerning the child shall be furnished by
the court to the commissioner or the agency to which guardianship is
transferred. The orders shall be on a document separate from the findings. The
court shall furnish the individual to whom guardianship is transferred a copy
of the order terminating parental rights.
(b) The court shall retain
jurisdiction in a case where adoption is the intended permanent placement
disposition until the child's adoption is finalized, the child is 18 years of
age, or the child is otherwise ordered discharged from the jurisdiction of the
court. The guardian ad litem and counsel for the child shall continue on the
case until an adoption decree is entered. A hearing must be held every 90 days
following termination of parental rights for the court to review progress
toward an adoptive placement and the specific recruitment efforts the agency
has taken to find an adoptive family or other placement living arrangement for
the child and to finalize the adoption or other permanency plan.
(c) The responsible social
services agency may make a determination of compelling reasons for a child to
be in long-term foster care when the agency has made exhaustive efforts to
recruit, identify, and place the child in an adoptive home, and the child
continues in foster care for at least 24 months after the court has issued the
order terminating parental rights. A child of any age who is under the
guardianship of the commissioner of the Department of Human Services and is
legally available for adoption may not refuse or waive the commissioner's
agent's exhaustive efforts to recruit, identify, and place the child in an
adoptive home required under paragraph (b) or sign a document relieving county
social services agencies of all recruitment efforts on the child's behalf. Upon
approving the agency's determination of compelling reasons, the court may order
the child placed in long-term foster care. At least every 12 months thereafter
as long as the child continues in out-of-home placement, the court shall
conduct a permanency review hearing to determine the future status of the child
using the review requirements of section 260C.201, subdivision 11, paragraph
(g).
(d) The court shall retain
jurisdiction through the child's minority in a case where long-term foster care
is the permanent disposition whether under paragraph (c) or section 260C.201,
subdivision 11.
Sec. 23. Minnesota Statutes
2006, section 260C.331, subdivision 1, is amended to read:
Subdivision 1. Care, examination, or treatment. (a)
Except where parental rights are terminated,
(1) whenever legal custody
of a child is transferred by the court to a responsible social services agency,
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(2)
whenever legal custody is transferred to a person other than the responsible
social services agency, but under the supervision of the responsible social
services agency, or
(3)
whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for
the care, examination, or treatment of the child, these costs are a charge upon
the welfare funds of the county in which proceedings are held upon
certification of the judge of juvenile court.
(b)
The court shall order, and the responsible social services agency shall
require, the parents or custodian of a child, while the child is under the age
of 18, to use the total income and resources attributable to the child for the
period of care, examination, or treatment, except for clothing and personal
needs allowance as provided in section 256B.35, to reimburse the county for the
cost of care, examination, or treatment. Income and resources attributable to
the child include, but are not limited to, Social Security benefits, supplemental
security income (SSI), veterans benefits, railroad retirement benefits and
child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible
social services agency shall require, reimbursement from the child for the cost
of care, examination, or treatment from the income and resources attributable
to the child less the clothing and personal needs allowance. Income does not
include earnings from a child over the age of 18 who is working as part of a
plan under section 260C.212, subdivision 1, paragraph (c), clause (8), to
transition from foster care.
(c) If
the income and resources attributable to the child are not enough to reimburse the
county for the full cost of the care, examination, or treatment, the court
shall inquire into the ability of the parents to support the child and, after
giving the parents a reasonable opportunity to be heard, the court shall order,
and the responsible social services agency shall require, the parents to
contribute to the cost of care, examination, or treatment of the child. When
determining the amount to be contributed by the parents, the court shall use a
fee schedule based upon ability to pay that is established by the responsible
social services agency and approved by the commissioner of human services. The
income of a stepparent who has not adopted a child shall be excluded in
calculating the parental contribution under this section.
(d)
The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources,
withheld under chapter 518A from the income of the parents or the custodian of
the child. A parent or custodian who fails to pay without good reason may be
proceeded against for contempt, or the court may inform the county attorney,
who shall proceed to collect the unpaid sums, or both procedures may be used.
(e) If
the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the
service is covered by a health insurance policy, health maintenance contract,
or other health coverage plan. Court-ordered treatment shall be subject to
policy, contract, or plan requirements for medical necessity. Nothing in this
paragraph changes or eliminates benefit limits, conditions of coverage,
co-payments or deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other medically necessary
services.
Sec.
24. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to
read:
Subd.
2. Definitions. As used in this
section, the following terms have the meanings given them unless the specific
content indicates otherwise:
(a)
"Family assessment" means a comprehensive assessment of child safety,
risk of subsequent child maltreatment, and family strengths and needs that is
applied to a child maltreatment report that does not allege substantial child
endangerment. Family assessment does not include a determination as to whether
child maltreatment occurred but does determine the need for services to address
the safety of family members and the risk of subsequent maltreatment.
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(b)
"Investigation" means fact gathering related to the current safety of
a child and the risk of subsequent maltreatment that determines whether child
maltreatment occurred and whether child protective services are needed. An
investigation must be used when reports involve substantial child endangerment,
and for reports of maltreatment in facilities required to be licensed under
chapter 245A or 245B; under sections 144.50 to 144.58 and 241.021; in a school
as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in
a nonlicensed personal care provider association as defined in sections
256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c)
"Substantial child endangerment" means a person responsible for a
child's care, and in the case of sexual abuse includes a person who has
a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or
omission commits or attempts to commit an act against a child under their care
that constitutes any of the following:
(1)
egregious harm as defined in section 260C.007, subdivision 14;
(2)
sexual abuse as defined in paragraph (d);
(3)
abandonment under section 260C.301, subdivision 2;
(4)
neglect as defined in paragraph (f), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred
to as failure to thrive, that has been diagnosed by a physician and is due to
parental neglect;
(5)
murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;
(6)
manslaughter in the first or second degree under section 609.20 or 609.205;
(7)
assault in the first, second, or third degree under section 609.221, 609.222,
or 609.223;
(8)
solicitation, inducement, and promotion of prostitution under section 609.322;
(9)
criminal sexual conduct under sections 609.342 to 609.3451;
(10)
solicitation of children to engage in sexual conduct under section 609.352;
(11)
malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;
(12)
use of a minor in sexual performance under section 617.246; or
(13)
parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301,
subdivision 3, paragraph (a).
(d)
"Sexual abuse" means the subjection of a child by a person responsible
for the child's care, by a person who has a significant relationship to the
child, as defined in section 609.341, or by a person in a position of
authority, as defined in section 609.341, subdivision 10, to any act which
constitutes a violation of section 609.342 (criminal sexual conduct in the
first degree), 609.343 (criminal sexual conduct in the second degree), 609.344
(criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth
degree). Sexual abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections 609.321 to
609.324 or 617.246. Sexual abuse includes threatened sexual abuse.
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(e) "Person responsible
for the child's care" means (1) an individual functioning within the
family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2)
an individual functioning outside the family unit and having responsibilities
for the care of the child such as a teacher, school administrator, other school
employees or agents, or other lawful custodian of a child having either
full-time or short-term care responsibilities including, but not limited to,
day care, babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(f) "Neglect"
means:
(1) failure by a person responsible
for a child's care to supply a child with necessary food, clothing, shelter,
health, medical, or other care required for the child's physical or mental
health when reasonably able to do so;
(2) failure to protect a
child from conditions or actions that seriously endanger the child's physical
or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a
physician and is due to parental neglect;
(3) failure to provide for
necessary supervision or child care arrangements appropriate for a child after
considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another
child in their care;
(4) failure to ensure that
the child is educated as defined in sections 120A.22 and 260C.163, subdivision
11, which does not include a parent's refusal to provide the parent's child
with sympathomimetic medications, consistent with section 125A.091, subdivision
5;
(5) nothing in this section
shall be construed to mean that a child is neglected solely because the child's
parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care
of disease or remedial care of the child in lieu of medical care; except that a
parent, guardian, or caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care may cause serious
danger to the child's health. This section does not impose upon persons, not
otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a
controlled substance, as defined in section 253B.02, subdivision 2, used by the
mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays
during the child's first year of life that medically indicate prenatal exposure
to a controlled substance;
(7) "medical neglect"
as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use
of alcohol or a controlled substance by a parent or person responsible for the
care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a
pattern of behavior which contributes to impaired emotional functioning of the
child which may be demonstrated by a substantial and observable effect in the
child's behavior, emotional response, or cognition that is not within the normal
range for the child's age and stage of development, with due regard to the
child's culture.
(g)
"Physical abuse" means any physical injury, mental injury, or
threatened injury, inflicted by a person responsible for the child's care on a
child other than by accidental means, or any physical or mental injury that
cannot reasonably be explained by the child's history of injuries, or any
aversive or deprivation procedures, or
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regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not
include reasonable and moderate physical discipline of a child administered by
a parent or legal guardian which does not result in an injury. Abuse does not include
the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate
include, but are not limited to, any of the following that are done in anger or
without regard to the safety of the child:
(1)
throwing, kicking, burning, biting, or cutting a child;
(2)
striking a child with a closed fist;
(3)
shaking a child under age three;
(4)
striking or other actions which result in any nonaccidental injury to a child under
18 months of age;
(5)
unreasonable interference with a child's breathing;
(6)
threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7)
striking a child under age one on the face or head;
(8)
purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order
to control or punish the child; or other substances that substantially affect
the child's behavior, motor coordination, or judgment or that results in
sickness or internal injury, or subjects the child to medical procedures that
would be unnecessary if the child were not exposed to the substances;
(9)
unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or
(10)
in a school facility or school zone, an act by a person responsible for the
child's care that is a violation under section 121A.58.
(h)
"Report" means any report received by the local welfare agency,
police department, county sheriff, or agency responsible for assessing or
investigating maltreatment pursuant to this section.
(i)
"Facility" means:
(1) a
licensed or unlicensed day care facility, residential facility, agency,
hospital, sanitarium, or other facility or institution required to be licensed
under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
245B;
(2) a
school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10;
or
(3) a nonlicensed
personal care provider organization as defined in sections 256B.04, subdivision
16, and 256B.0625, subdivision 19a.
(j)
"Operator" means an operator or agency as defined in section 245A.02.
(k)
"Commissioner" means the commissioner of human services.
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(l)
"Practice of social services," for the purposes of subdivision 3,
includes but is not limited to employee assistance counseling and the provision
of guardian ad litem and parenting time expeditor services.
(m)
"Mental injury" means an injury to the psychological capacity or
emotional stability of a child as evidenced by an observable or substantial
impairment in the child's ability to function within a normal range of performance
and behavior with due regard to the child's culture.
(n)
"Threatened injury" means a statement, overt act, condition, or
status that represents a substantial risk of physical or sexual abuse or mental
injury. Threatened injury includes, but is not limited to, exposing a child to
a person responsible for the child's care, as defined in paragraph (e), clause
(1), who has:
(1)
subjected a child to, or failed to protect a child from, an overt act or
condition that constitutes egregious harm, as defined in section 260C.007,
subdivision 14, or a similar law of another jurisdiction;
(2)
been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;
(3)
committed an act that has resulted in an involuntary termination of parental
rights under section 260C.301, or a similar law of another jurisdiction; or
(4)
committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under section 260C.201,
subdivision 11, paragraph (d), clause (1), or a similar law of another
jurisdiction.
(o)
Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child
participates and accepted teacher discipline practices, which are not injurious
to the child's health, welfare, and safety.
Sec.
25. Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to
read:
Subd.
3. Persons mandated to report. (a) A
person who knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or has been
neglected or physically or sexually abused within the preceding three years,
shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or
the county sheriff if the person is:
(1) a
professional or professional's delegate who is engaged in the practice of the
healing arts, social services, hospital administration, psychological or
psychiatric treatment, child care, education, correctional supervision,
probation and correctional services, or law enforcement; or
(2)
employed as a member of the clergy and received the information while engaged
in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under
section 595.02, subdivision 1, paragraph (c).
The
police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing
or investigating the report, orally and in writing. The local welfare agency,
or agency responsible for assessing or investigating the report, upon receiving
a report, shall immediately notify the local police department or the county
sheriff orally and in writing. The county sheriff and the head of every local
welfare agency, agency responsible for assessing or investigating reports, and
police department shall each designate a person within their agency,
department, or office who is responsible for ensuring that the notification
duties of this paragraph and paragraph (b) are carried out. Nothing in this
subdivision shall be construed to require more than one report from any
institution, facility, school, or agency.
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(b)
Any person may voluntarily report to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or
the county sheriff if the person knows, has reason to believe, or suspects a
child is being or has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing
or investigating the report, orally and in writing. The local welfare agency or
agency responsible for assessing or investigating the report, upon receiving a
report, shall immediately notify the local police department or the county
sheriff orally and in writing.
(c) A
person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency
responsible for licensing the facility under sections 144.50 to 144.58;
241.021; 245A.01 to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04, subdivision 16; and
256B.0625, subdivision 19. A health or corrections agency receiving a report
may request the local welfare agency to provide assistance pursuant to
subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform
work within a school facility, upon receiving a complaint of alleged
maltreatment, shall provide information about the circumstances of the alleged
maltreatment to the commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a licensing
entity.
(d)
Any person mandated to report shall receive a summary of the disposition of any
report made by that reporter, including whether the case has been opened for
child protection or other services, or if a referral has been made to a
community organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to report shall, upon
request to the local welfare agency, receive a concise summary of the
disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.
(e)
For purposes of this subdivision section, "immediately"
means as soon as possible but in no event longer than 24 hours.
Sec.
26. Minnesota Statutes 2006, section 626.556, is amended by adding a
subdivision to read:
Subd.
3e. Agency responsibility for assessing or
investigating reports of sexual abuse. The local welfare agency is
the agency responsible for investigating allegations of sexual abuse if the
alleged offender is the parent, guardian, sibling, or an individual functioning
within the family unit as a person responsible for the child's care, or a
person with a significant relationship to the child if that person resides in
the child's household.
Sec.
27. Minnesota Statutes 2006, section 626.556, is amended by adding a
subdivision to read:
Subd.
3f. Law enforcement agency responsibility
for investigating maltreatment. The local law enforcement agency has
responsibility for investigating any report of child maltreatment if a
violation of a criminal statute is alleged. Law enforcement and the responsible
agency must coordinate their investigations or assessments as required under
subdivision 10.
Sec.
28. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to
read:
Subd.
10. Duties of local welfare agency and
local law enforcement agency upon receipt of a report. (a) Upon receipt of
a report, the local welfare agency shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or provide a remedy
for child maltreatment. The local welfare agency:
(1)
shall conduct an investigation on reports involving substantial child
endangerment;
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(2) shall begin an immediate
investigation if, at any time when it is using a family assessment response, it
determines that there is reason to believe that substantial child endangerment
or a serious threat to the child's safety exists;
(3) may conduct a family
assessment for reports that do not allege substantial child endangerment. In
determining that a family assessment is appropriate, the local welfare agency
may consider issues of child safety, parental cooperation, and the need for an
immediate response; and
(4) may conduct a family
assessment on a report that was initially screened and assigned for an
investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the
investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.
If the report alleges
neglect, physical abuse, or sexual abuse by a parent, guardian, or individual
functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the
child when that person resides in the child's household or by a sibling, the
local welfare agency shall immediately conduct a family assessment or
investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information
on the existence of substance abuse and domestic violence and offer services
for purposes of preventing future child maltreatment, safeguarding and
enhancing the welfare of the abused or neglected minor, and supporting and
preserving family life whenever possible. If the report alleges a violation of
a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local
welfare agency shall coordinate the planning and execution of their respective
investigation and assessment efforts to avoid a duplication of fact-finding
efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment
resulting in death, the local agency may rely on the fact-finding efforts of a
law enforcement investigation to make a determination of whether or not
maltreatment occurred. When necessary the local welfare agency shall seek
authority to remove the child from the custody of a parent, guardian, or adult
with whom the child is living. In performing any of these duties, the local
welfare agency shall maintain appropriate records.
If the family assessment or
investigation indicates there is a potential for abuse of alcohol or other
drugs by the parent, guardian, or person responsible for the child's care, the
local welfare agency shall conduct a chemical use assessment pursuant to
Minnesota Rules, part 9530.6615. The local welfare agency shall report the
determination of the chemical use assessment, and the recommendations and
referrals for alcohol and other drug treatment services to the state authority
on alcohol and drug abuse.
(b) When a local agency
receives a report or otherwise has information indicating that a child who is a
client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in
section 245.91, it shall, in addition to its other duties under this section,
immediately inform the ombudsman established under sections 245.91 to 245.97.
The commissioner of education shall inform the ombudsman established under
sections 245.91 to 245.97 of reports regarding a child defined as a client in
section 245.91 that maltreatment occurred at a school as defined in sections
120A.05, subdivisions 9, 11, and 13, and 124D.10.
(c) Authority of the local
welfare agency responsible for assessing or investigating the child abuse or
neglect report, the agency responsible for assessing or investigating the
report, and of the local law enforcement agency for investigating the alleged
abuse or neglect includes, but is not limited to, authority to interview,
without parental consent, the alleged victim and any other minors who currently
reside with or who have resided with the alleged offender. The interview may
take place at school or at any facility or other place where the alleged victim
or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child
designated by the local welfare agency or law enforcement agency. The interview
may take
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place outside the presence
of the alleged offender or parent, legal custodian, guardian, or school
official. For family assessments, it is the preferred practice to request a
parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as
provided in this paragraph, the parent, legal custodian, or guardian shall be
notified by the responsible local welfare or law enforcement agency no later
than the conclusion of the investigation or assessment that this interview has
occurred. Notwithstanding rule 49.02 32 of the Minnesota Rules of
Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex
parte motion by the local welfare agency, order that, where reasonable cause
exists, the agency withhold notification of this interview from the parent,
legal custodian, or guardian. If the interview took place or is to take place
on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of
intent to interview the child on school property, as provided under this
paragraph, and any other related information regarding the interview that may
be a part of the child's school record. A copy of the order shall be sent by
the local welfare or law enforcement agency to the appropriate school official.
(d) When the local welfare,
local law enforcement agency, or the agency responsible for assessing or
investigating a report of maltreatment determines that an interview should take
place on school property, written notification of intent to interview the child
on school property must be received by school officials prior to the interview.
The notification shall include the name of the child to be interviewed, the
purpose of the interview, and a reference to the statutory authority to conduct
an interview on school property. For interviews conducted by the local welfare
agency, the notification shall be signed by the chair of the local social
services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the interview until
notified in writing by the local welfare or law enforcement agency that the
investigation or assessment has been concluded, unless a school employee or
agent is alleged to have maltreated the child. Until that time, the local
welfare or law enforcement agency or the agency responsible for assessing or
investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.
Except where the alleged
offender is believed to be a school official or employee, the time and place,
and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The
conditions as to time, place, and manner of the interview set by the school
officials shall be reasonable and the interview shall be conducted not more
than 24 hours after the receipt of the notification unless another time is
considered necessary by agreement between the school officials and the local
welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to
comply. Every effort must be made to reduce the disruption of the educational
program of the child, other students, or school staff when an interview is
conducted on school premises.
(e) Where the alleged
offender or a person responsible for the care of the alleged victim or other
minor prevents access to the victim or other minor by the local welfare agency,
the juvenile court may order the parents, legal custodian, or guardian to
produce the alleged victim or other minor for questioning by the local welfare
agency or the local law enforcement agency outside the presence of the alleged
offender or any person responsible for the child's care at reasonable places
and times as specified by court order.
(f) Before making an order
under paragraph (e), the court shall issue an order to show cause, either upon
its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to
show cause shall be served personally and shall be heard in the same manner as
provided in other cases in the juvenile court. The court shall consider the
need for appointment of a guardian ad litem to protect the best interests of
the child. If appointed, the guardian ad litem shall be present at the hearing
on the order to show cause.
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(g) The commissioner of
human services, the ombudsman for mental health and developmental disabilities,
the local welfare agencies responsible for investigating reports, the
commissioner of education, and the local law enforcement agencies have the
right to enter facilities as defined in subdivision 2 and to inspect and copy
the facility's records, including medical records, as part of the
investigation. Notwithstanding the provisions of chapter 13, they also have the
right to inform the facility under investigation that they are conducting an
investigation, to disclose to the facility the names of the individuals under investigation
for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.
(h) The local welfare agency
responsible for conducting a family assessment or investigation shall
collect available and relevant information to determine child safety, risk of
subsequent child maltreatment, and family strengths and needs and share not
public information with an Indian's tribal social services agency without
violating any law of the state that may otherwise impose duties of
confidentiality on the local welfare agency in order to implement the tribal
state agreement. The local welfare agency or the agency responsible for
investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are
needed. Information collected includes, when relevant, information with regard
to the person reporting the alleged maltreatment, including the nature of the
reporter's relationship to the child and to the alleged offender, and the basis
of the reporter's knowledge for the report; the child allegedly being
maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for assessing or investigating
the report may make a determination of no maltreatment early in an assessment,
and close the case and retain immunity, if the collected information shows no
basis for a full assessment or investigation.
Information relevant to the
assessment or investigation must be asked for, and may include:
(1) the child's sex and age,
prior reports of maltreatment, information relating to developmental
functioning, credibility of the child's statement, and whether the information
provided under this clause is consistent with other information collected
during the course of the assessment or investigation;
(2) the alleged offender's
age, a record check for prior reports of maltreatment, and criminal charges and
convictions. The local welfare agency or the agency responsible for assessing
or investigating the report must provide the alleged offender with an
opportunity to make a statement. The alleged offender may submit supporting documentation
relevant to the assessment or investigation;
(3) collateral source
information regarding the alleged maltreatment and care of the child.
Collateral information includes, when relevant: (i) a medical examination of
the child; (ii) prior medical records relating to the alleged maltreatment or
the care of the child maintained by any facility, clinic, or health care
professional and an interview with the treating professionals; and (iii)
interviews with the child's caretakers, including the child's parent, guardian,
foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and
(4) information on the existence
of domestic abuse and violence in the home of the child, and substance abuse.
Nothing in this paragraph
precludes the local welfare agency, the local law enforcement agency, or the
agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or
investigation. Notwithstanding section 13.384 or 144.335, the local welfare
agency has access to medical data and records for purposes of clause (3).
Notwithstanding the data's classification in the possession of any other
agency, data acquired by the local welfare agency or the agency responsible for
assessing or investigating the report during the course of the assessment or
investigation are private data on individuals and must be maintained in
accordance with subdivision 11. Data of the commissioner of education collected
or maintained during and for the purpose of an investigation of alleged
maltreatment in a school are governed by this section, notwithstanding the
data's classification as educational, licensing, or personnel data under
chapter 13.
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In conducting an assessment
or investigation involving a school facility as defined in subdivision 2,
paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from
local law enforcement and the school facility.
(i)
Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary
caregiver sufficient to complete a safety assessment and ensure the immediate
safety of the child. The face-to-face contact with the child and primary
caregiver shall occur immediately if substantial child endangerment is alleged
and within five calendar days for all other reports. If the alleged offender
was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the
early stages of the assessment or investigation. At the initial contact, the
local child welfare agency or the agency responsible for assessing or
investigating the report must inform the alleged offender of the complaints or
allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law
enforcement investigation.
(j)
When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to
elicit spontaneous responses. For investigations only, the following
interviewing methods and procedures must be used whenever possible when
collecting information:
(1)
audio recordings of all interviews with witnesses and collateral sources; and
(2) in
cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.
(k) In
conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall
collect available and relevant information and use the procedures in paragraphs
(i), (k), and subdivision 3d, except that the requirement for face-to-face
observation of the child and face-to-face interview of the alleged offender is
to occur in the initial stages of the assessment or investigation provided that
the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement,
to the extent those investigations satisfy the requirements of paragraphs (i)
and (k), and subdivision 3d.
Sec.
29. Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to
read:
Subd.
10a. Abuse outside family unit
Law enforcement agency responsibility for investigation; welfare agency
reliance on law enforcement fact-finding; welfare agency offer of services.
(a) If the report alleges neglect, physical abuse, or sexual abuse by a
person who is not a parent, guardian, sibling, person responsible for
the child's care functioning outside within the family unit,
or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in
subdivision 2, the local welfare agency shall immediately notify the
appropriate law enforcement agency, which shall conduct an investigation of the
alleged abuse or neglect if a violation of a criminal statute is alleged.
(b)
The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or
not threatened harm or other maltreatment has occurred under subdivision 2 if
an alleged offender has minor children or lives with minors.
(c)
The local
welfare agency shall offer appropriate social services for the purpose of
safeguarding and enhancing the welfare of the abused or neglected minor.
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Sec. 30. Minnesota Statutes
2006, section 626.556, subdivision 10c, is amended to read:
Subd. 10c. Duties of local social service agency upon
receipt of a report of medical neglect. If the report alleges medical
neglect as defined in section 260C.007, subdivision 4 6, clause
(5), the local welfare agency shall, in addition to its other duties under this
section, immediately consult with designated hospital staff and with the
parents of the infant to verify that appropriate nutrition, hydration, and
medication are being provided; and shall immediately secure an independent
medical review of the infant's medical charts and records and, if necessary,
seek a court order for an independent medical examination of the infant. If the
review or examination leads to a conclusion of medical neglect, the agency
shall intervene on behalf of the infant by initiating legal proceedings under
section 260C.141 and by filing an expedited motion to prevent the withholding
of medically indicated treatment.
Sec. 31. Minnesota Statutes
2006, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. Notice of determinations. Within ten
working days of the conclusion of a family assessment, the local welfare agency
shall notify the parent or guardian of the child of the need for services to
address child safety concerns or significant risk of subsequent child
maltreatment. The local welfare agency and the family may also jointly agree
that family support and family preservation services are needed. Within ten
working days of the conclusion of an investigation, the local welfare agency or
agency responsible for assessing or investigating the report shall notify the
parent or guardian of the child, the person determined to be maltreating the
child, and if applicable, the director of the facility, of the determination
and a summary of the specific reasons for the determination. The notice must
also include a certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the
right of a data subject to obtain access to other private data on the subject
collected, created, or maintained under this section. In addition, the notice
shall include the length of time that the records will be kept under
subdivision 11c. The investigating agency shall notify the parent or guardian
of the child who is the subject of the report, and any person or facility
determined to have maltreated a child, of their appeal or review rights under
this section or section 256.022. The notice must also state that a finding
of maltreatment may result in denial of a license application or background
study disqualification under chapter 245C related to employment or services
that are licensed by the Department of Human Services under chapter 245A, the
Department of Health under chapter 144 or 144A, the Department of Corrections
under section 241.021, and from providing services related to an unlicensed
personal care provider organization under chapter 256B.
Sec. 32. REVISOR'S INSTRUCTION.
(a) The revisor shall
renumber Minnesota Statutes, section 626.556, subdivision 3d, as Minnesota
Statutes, section 626.556, subdivision 3g.
(b) The revisor shall change
references to Minnesota Statutes, section 260.851, to section 260.853 and
references to Minnesota Statutes, section 260.851, article 5, to section
260.853, article 4, wherever those references appear in Minnesota Statutes and
Minnesota Rules.
ARTICLE 2
CHILDREN AND FAMILY
Section 1. Minnesota
Statutes 2006, section 13.46, subdivision 2, is amended to read:
Subd. 2. General. (a) Unless the data is summary
data or a statute specifically provides a different classification, data on
individuals collected, maintained, used, or disseminated by the welfare system
is private data on individuals, and shall not be disclosed except:
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(1) according to section
13.05;
(2) according to court
order;
(3) according to a statute
specifically authorizing access to the private data;
(4) to an agent of the
welfare system, including a law enforcement person, attorney, or investigator
acting for it in the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the
welfare system who require the data to verify an individual's identity;
determine eligibility, amount of assistance, and the need to provide services
to an individual or family across programs; evaluate the effectiveness of
programs; and investigate suspected fraud;
(6) to administer federal
funds or programs;
(7) between personnel of the
welfare system working in the same program;
(8) to the Department of
Revenue to administer and evaluate tax refund or tax credit programs and to
identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their
dependent's names, dates of birth, Social Security numbers, income, addresses,
and other data as required, upon request by the Department of Revenue.
Disclosures by the commissioner of revenue to the commissioner of human
services for the purposes described in this clause are governed by section
270B.14, subdivision 1. Tax refund or tax credit programs include, but are not
limited to, the dependent care credit under section 290.067, the Minnesota working
family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section
290.0674;
(9) between the Department
of Human Services, the Department of Education, and the Department of
Employment and Economic Development for the purpose of monitoring the
eligibility of the data subject for unemployment benefits, for any employment
or training program administered, supervised, or certified by that agency, for
the purpose of administering any rehabilitation program or child care
assistance program, whether alone or in conjunction with the welfare system, or
to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former
recipients of food support, cash assistance under chapter 256, 256D, 256J, or
256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;
(10) to appropriate parties
in connection with an emergency if knowledge of the information is necessary to
protect the health or safety of the individual or other individuals or persons;
(11) data maintained by
residential programs as defined in section 245A.02 may be disclosed to the protection
and advocacy system established in this state according to Part C of Public Law
98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or
on behalf of that person and the person does not have a legal guardian or the
state or a designee of the state is the legal guardian of the person;
(12) to the county medical
examiner or the county coroner for identifying or locating relatives or friends
of a deceased person;
(13) data on a child support
obligor who makes payments to the public agency may be disclosed to the
Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5750
(14) participant Social
Security numbers and names collected by the telephone assistance program may be
disclosed to the Department of Revenue to conduct an electronic data match with
the property tax refund database to determine eligibility under section 237.70,
subdivision 4a;
(15) the current address of
a Minnesota family investment program participant may be disclosed to law
enforcement officers who provide the name of the participant and notify the
agency that:
(i) the participant:
(A) is a fugitive felon
fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition
of probation or parole imposed under state or federal law;
(ii) the location or
apprehension of the felon is within the law enforcement officer's official
duties; and
(iii) the request is made in
writing and in the proper exercise of those duties;
(16) the current address of
a recipient of general assistance or general assistance medical care may be
disclosed to probation officers and corrections agents who are supervising the
recipient and to law enforcement officers who are investigating the recipient
in connection with a felony level offense;
(17) information obtained
from food support applicant or recipient households may be disclosed to local,
state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food Stamp Act,
according to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social
Security number, and, if available, photograph of any member of a household
receiving food support shall be made available, on request, to a local, state,
or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid
prosecution, or custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition
of probation or parole imposed under state or federal law; or
(C) has information that is
necessary for the officer to conduct an official duty related to conduct
described in subitem (A) or (B);
(ii) locating or
apprehending the member is within the officer's official duties; and
(iii) the request is made in
writing and in the proper exercise of the officer's official duty;
(19) the current address of
a recipient of Minnesota family investment program, general assistance, general
assistance medical care, or food support may be disclosed to law enforcement
officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section
243.166, but is not residing at the address at which the recipient is
registered under section 243.166;
(20) certain information
regarding child support obligors who are in arrears may be made public
according to section 518A.74;
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5751
(21) data on child support
payments made by a child support obligor and data on the distribution of those
payments excluding identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the enforcement actions
undertaken by the public authority, the status of those actions, and data on
the income of the obligor or obligee may be disclosed to the other party;
(22)
data in the work reporting system may be disclosed under section 256.998,
subdivision 7;
(23)
to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students
eligible for free and reduced price meals, meal supplements, and free milk
according to United States Code, title 42, sections 1758, 1761, 1766, 1766a,
1772, and 1773; to allocate federal and state funds that are distributed based
on income of the student's family; and to verify receipt of energy assistance
for the telephone assistance plan;
(24)
the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of
health as defined in section 145A.02, subdivision 2, when the commissioner or
local board of health has reason to believe that a program recipient is a
disease case, carrier, suspect case, or at risk of illness, and the data are
necessary to locate the person;
(25)
to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate
information networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child support
enforcement program;
(26)
to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration,
including monitoring and evaluation of those public assistance programs;
(27)
to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services and Education, on recipients and
former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(28)
to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1,
paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c), Department of Health, Department of Employment and Economic Development,
and other state agencies as is reasonably necessary to perform these functions;
or
(29)
counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the
commissioner of education.
(b)
Information on persons who have been treated for drug or alcohol abuse may only
be disclosed according to the requirements of Code of Federal Regulations,
title 42, sections 2.1 to 2.67.
(c)
Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are
confidential or protected nonpublic while the investigation is active. The data
are private after the investigation becomes inactive under section 13.82,
subdivision 5, paragraph (a) or (b).
(d)
Mental health data shall be treated as provided in subdivisions 7, 8, and 9,
but is not subject to the access provisions of subdivision 10, paragraph (b).
For
the purposes of this subdivision, a request will be deemed to be made in
writing if made through a computer interface system.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5752
Sec. 2. Minnesota Statutes
2006, section 16D.13, subdivision 3, is amended to read:
Subd. 3. Exclusion. A state agency may not
charge interest under this section on overpayments of assistance benefits under
the programs formerly codified in sections 256.031 to 256.0361, 256.72 to
256.87, and under chapters 119B, 256D, and 256I, or the federal
food stamp program. Notwithstanding this prohibition, any debts that have been
reduced to judgment under these programs are subject to the interest charges
provided under section 549.09.
Sec. 3. Minnesota Statutes
2006, section 119B.011, is amended by adding a subdivision to read:
Subd. 13a. Family stabilization services. "Family stabilization
services" means the services under section 256J.575.
Sec. 4. Minnesota Statutes
2006, section 119B.035, subdivision 1, is amended to read:
Subdivision 1. Establishment. A family in which a
parent provides care for the family's infant child may receive a subsidy in
lieu of assistance if the family is eligible for or is receiving assistance
under the basic sliding fee program. An eligible family must meet the
eligibility factors under section 119B.09, except as provided in subdivision 4,
and the requirements of this section. Subject to federal match and maintenance
of effort requirements for the child care and development fund, and up to
available appropriations, the commissioner shall establish a pool of up
to three percent of the annual state appropriation for the basic sliding fee
program to provide assistance under the at-home infant child care program
and for administrative costs associated with the program. At the end of a
fiscal year, the commissioner may carry forward any unspent funds under this
section to the next fiscal year within the same biennium for assistance under
the basic sliding fee program.
Sec. 5. Minnesota Statutes
2006, section 119B.05, subdivision 1, is amended to read:
Subdivision 1. Eligible participants. Families
eligible for child care assistance under the MFIP child care program are:
(1) MFIP participants who
are employed or in job search and meet the requirements of section 119B.10;
(2) persons who are members
of transition year families under section 119B.011, subdivision 20, and meet
the requirements of section 119B.10;
(3) families who are
participating in employment orientation or job search, or other employment or
training activities that are included in an approved employability development
plan under section 256J.95;
(4) MFIP families who are
participating in work job search, job support, employment, or training
activities as required in their employment plan, or in appeals, hearings,
assessments, or orientations according to chapter 256J;
(5) MFIP families who are
participating in social services activities under chapter 256J as required in
their employment plan approved according to chapter 256J;
(6) families who are
participating in services or activities that are included in an approved family
stabilization plan under section 256J.575;
(7) families who are
participating in programs as required in tribal contracts under section
119B.02, subdivision 2, or 256.01, subdivision 2; and
(7) (8) families who are
participating in the transition year extension under section 119B.011,
subdivision 20a.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5753
Sec.
6. Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read:
Subdivision
1. General Eligibility
requirements for all applicants for child care assistance. (a) Child
care services must be available to families who need child care to find or keep
employment or to obtain the training or education necessary to find employment
and who:
(1)
have household income less than or equal to 250 percent of the federal poverty
guidelines, adjusted for family size, and meet the requirements of section
119B.05; receive MFIP assistance; and are participating in employment and
training services under chapter 256J or 256K; or
(2)
have household income less than or equal to 175 percent of the federal poverty
guidelines, adjusted for family size, at program entry and less than 250
percent of the federal poverty guidelines, adjusted for family size, at program
exit.; or
(3)
have household income less than or equal to 250 percent of the federal poverty
guidelines, adjusted for family size, and were a family whose child care
assistance was terminated due to insufficient funds under Minnesota Rules, part
3400.0183.
(b)
Child care services must be made available as in-kind services.
(c)
All applicants for child care assistance and families currently receiving child
care assistance must be assisted and required to cooperate in establishment of
paternity and enforcement of child support obligations for all children in the
family as a condition of program eligibility. For purposes of this section, a
family is considered to meet the requirement for cooperation when the family
complies with the requirements of section 256.741.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Sec.
7. Minnesota Statutes 2006, section 119B.09, subdivision 7, is amended to read:
Subd.
7. Date of eligibility for assistance.
(a) The date of eligibility for child care assistance under this chapter is the
later of the date the application was signed; the beginning date of employment,
education, or training; the date the infant is born for applicants to the
at-home infant care program; or the date a determination has been made that the
applicant is a participant in employment and training services under Minnesota
Rules, part 3400.0080, subpart 2a, or chapter 256J.
(b)
Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section
119B.035. Payment of child care assistance for employed persons on MFIP is
effective the date of employment or the date of MFIP eligibility, whichever is
later. Payment of child care assistance for MFIP or DWP participants in
employment and training services is effective the date of commencement of the
services or the date of MFIP or DWP eligibility, whichever is later. Payment of
child care assistance for transition year child care must be made retroactive
to the date of eligibility for transition year child care.
(c)
Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05, may only be made retroactively for a maximum of
six months from the date of application for child care assistance.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5754
Sec.
8. Minnesota Statutes 2006, section 119B.09, is amended by adding a subdivision
to read:
Subd. 11. Payment of other child care expenses. Payment by a source
other than the family, of part or all of a family's child care expenses not
payable under this chapter, does not affect the family's eligibility for child
care assistance, and the amount paid is excluded from the family's income, if
the funds are paid directly to the family's child care provider on behalf of the
family. Child care providers who accept third-party payments must maintain
family-specific documentation of payment source, amount, type of expenses, and
time period covered by the payment.
Sec. 9. Minnesota Statutes
2006, section 119B.09, is amended by adding a subdivision to read:
Subd. 12. Sliding fee. Child care services to families must be made
available on a sliding fee basis. The commissioner shall convert eligibility
requirements in section 119B.09 and parent fee schedules in 119B.12 to state
median income, based on a family size of three, adjusted for family size, by
July 1, 2008. The commissioner shall report to the 2008 legislature with the
necessary statutory changes to codify this conversion to state median income.
Sec. 10. Minnesota Statutes
2006, section 119B.12, is amended to read:
119B.12 SLIDING FEE SCALE.
Subdivision 1. Fee schedule. In setting the sliding
fee schedule, the commissioner shall exclude from the amount of income used to
determine eligibility an amount for federal and state income and Social
Security taxes attributable to that income level according to federal and state
standardized tax tables. The commissioner shall base the parent fee on the
ability of the family to pay for child care. The fee schedule must be designed
to use any available tax credits.
PARENT FEE SCHEDULE. The
parent fee schedule is as follows:
��������������������������� Income Range (as a percent of the ��������������������� Co-payment (as a
percentage of
��������������������������������� federal poverty guidelines)������������������������������������ adjusted
gross income)
������������������������������������������������������������������������������������������������������������������������������������������
���������������������������������������������������������� 0-74.99%������������������������������������������������������������� $0/month
��������������������������������������������������� 75.00-99.99%������������������������������������������������������������� $5/month
����������������������������������������������� 100.00-104.99%������������������������������������������������������������� 2.61%
����������������������������������������������� 105.00-109.99%������������������������������������������������������������� 2.61%
����������������������������������������������� 110.00-114.99%������������������������������������������������������������� 2.61%
����������������������������������������������� 115.00-119.99%������������������������������������������������������������� 2.61%
����������������������������������������������� 120.00-124.99%������������������������������������������������������������� 2.91%
����������������������������������������������� 125.00-129.99%������������������������������������������������������������� 2.91%
����������������������������������������������� 130.00-134.99%������������������������������������������������������������� 2.91%
����������������������������������������������� 135.00-139.99%������������������������������������������������������������� 2.91%
����������������������������������������������� 140.00-144.99%������������������������������������������������������������� 3.21%
����������������������������������������������� 145.00-149.99%������������������������������������������������������������� 3.21%
����������������������������������������������� 150.00-154.99%������������������������������������������������������������� 3.21%
����������������������������������������������� 155.00-159.99%������������������������������������������������������������� 3.84%
����������������������������������������������� 160.00-164.99%������������������������������������������������������������� 3.84%
����������������������������������������������� 165.00-169.99%������������������������������������������������������������� 4.46%
����������������������������������������������� 170.00-174.99%������������������������������������������������������������� 4.76%
����������������������������������������������� 175.00-179.99%������������������������������������������������������������� 5.05%
����������������������������������������������� 180.00-184.99%������������������������������������������������������������� 5.65%
����������������������������������������������� 185.00-189.99%������������������������������������������������������������� 5.95%
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5755
����������������������������������������������� 190.00-194.99%������������������������������������������������������������� 6.24%
����������������������������������������������� 195.00-199.99%������������������������������������������������������������� 6.84%
����������������������������������������������� 200.00-204.99%������������������������������������������������������������� 7.58%
����������������������������������������������� 205.00-209.99%������������������������������������������������������������� 8.33%
����������������������������������������������� 210.00-214.99%������������������������������������������������������������� 9.20%
����������������������������������������������� 215.00-219.99%������������������������������������������������������������� 10.07%
����������������������������������������������� 220.00-224.99%������������������������������������������������������������� 10.94%
����������������������������������������������� 225.00-229.99%������������������������������������������������������������� 11.55%
����������������������������������������������� 230.00-234.99%������������������������������������������������������������� 12.16%
����������������������������������������������� 235.00-239.99%������������������������������������������������������������� 12.77%
����������������������������������������������� 240.00-244.99%������������������������������������������������������������� 13.38%
����������������������������������������������� 245.00-249.99%������������������������������������������������������������� 14.00%
����������������������������������������������������������������� 250%������������������������������������������������������������� ineligible
A family's monthly
co-payment fee is the fixed percentage established for the income range
multiplied by the highest possible income within that income range.
Subd. 2. Parent fee. A family must be assessed a
parent fee for each service period. A family's parent fee must be a fixed
percentage of its annual gross income. Parent fees must apply to families
eligible for child care assistance under sections 119B.03 and 119B.05. Income
must be as defined in section 119B.011, subdivision 15. The fixed percent is
based on the relationship of the family's annual gross income to 100 percent of
the annual federal poverty guidelines. Parent fees must begin at 75 percent of
the poverty level. The minimum parent fees for families between 75 percent and 100
percent of poverty level must be $10 $5 per month. Parent fees
must provide for graduated movement to full payment. Payment of part or all of
a family's parent fee directly to the family's child care provider on behalf of
the family by a source other than the family shall not affect the family's
eligibility for child care assistance, and the amount paid shall be excluded
from the family's income. Child care providers who accept third-party payments
must maintain family specific documentation of payment source, amount, and time
period covered by the payment.
EFFECTIVE DATE. (a) This section is
effective July 1, 2007.
(b) Effective July 1, 2008,
the parent fee scale for families with incomes greater than or equal to 100
percent of FPG shall be converted to state median income for a family size of
three, adjusted for family size, as directed in section 119B.09, subdivision
12.
Sec. 11. Minnesota Statutes
2006, section 119B.125, subdivision 2, is amended to read:
Subd. 2. Persons who cannot be authorized. (a) A
person who meets any of the conditions under paragraphs (b) to (n) must not be
authorized as a legal nonlicensed family child care provider. To determine
whether any of the listed conditions exist, the county must request information
about the provider from the Bureau of Criminal Apprehension, the juvenile
courts, and social service agencies. When one of the listed entities does not
maintain information on a statewide basis, the county must contact the entity
in the county where the provider resides and any other county in which the
provider previously resided in the past year. For purposes of this subdivision,
a finding that a delinquency petition is proven in juvenile court must be
considered a conviction in state district court. If a county has determined
that a provider is able to be authorized in that county, and a family in
another county later selects that provider, the provider is able to be
authorized in the second county without undergoing a new background
investigation unless one of the following conditions exists:
(1) two years have passed
since the first authorization;
(2) another person age 13 or
older has joined the provider's household since the last authorization;
Journal of the House - 63rd Day
- Monday, May 7, 2007 - Top of Page 5756
(3) a current household
member has turned 13 since the last authorization; or
(4) there is reason to
believe that a household member has a factor that prevents authorization.
(b) The person has been
convicted of one of the following offenses or has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of one of the following offenses: sections 609.185 to
609.195, murder in the first, second, or third degree; 609.2661 to 609.2663,
murder of an unborn child in the first, second, or third degree; 609.322,
solicitation, inducement, promotion of prostitution, or receiving profit from
prostitution; 609.342 to 609.345, criminal sexual conduct in the first, second,
third, or fourth degree; 609.352, solicitation of children to engage in sexual
conduct; 609.365, incest; 609.377, felony malicious punishment of a child;
617.246, use of minors in sexual performance; 617.247, possession of pictorial representation
of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense of
spousal abuse; a felony offense of child abuse or neglect; a felony offense of
a crime against children; or an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(c) Less than 15 years have
passed since the discharge of the sentence imposed for the offense and the
person has received a felony conviction for one of the following offenses, or
the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a
felony conviction for one of the following offenses: sections 609.20 to
609.205, manslaughter in the first or second degree; 609.21, criminal vehicular
homicide; 609.215, aiding suicide or aiding attempted suicide; 609.221 to
609.2231, assault in the first, second, third, or fourth degree; 609.224,
repeat offenses of fifth degree assault; 609.228, great bodily harm caused by
distribution of drugs; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs
to injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245, aggravated robbery;
609.25, kidnapping; 609.255, false imprisonment; 609.2664 to 609.2665,
manslaughter of an unborn child in the first or second degree; 609.267 to
609.2672, assault of an unborn child in the first, second, or third degree;
609.268, injury or death of an unborn child in the commission of a crime;
609.27, coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other
prohibited acts, minor engaged in prostitution; 609.3451, repeat offenses of
criminal sexual conduct in the fifth degree; 609.378, neglect or endangerment
of a child; 609.52, theft; 609.521, possession of shoplifting gear; 609.561 to 609.563,
arson in the first, second, or third degree; 609.582, burglary in the first,
second, third, or fourth degree; 609.625, aggravated forgery; 609.63, forgery;
609.631, check forgery, offering a forged check; 609.635, obtaining signature
by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun;
609.67, unlawfully owning, possessing, or operating a machine gun; 609.687,
adulteration; 609.71, riot; 609.713, terrorist threats; 609.749, harassment,
stalking; 260C.301, termination of parental rights; 152.021 to 152.022 and
152.0262, controlled substance crime in the first or second degree; 152.023,
subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4),
controlled substance crime in third degree; 152.024, subdivision 1, clause (2),
(3), or (4), controlled substance crime in fourth degree; 617.23, repeat
offenses of indecent exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(d) Less than ten years have
passed since the discharge of the sentence imposed for the offense and the
person has received a gross misdemeanor conviction for one of the following
offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the
definition of a gross misdemeanor conviction for one of the following offenses:
sections 609.224, fifth degree assault; 609.2242 to 609.2243, domestic assault;
518B.01, subdivision 14, violation of an order for protection; 609.3451, fifth
degree criminal sexual conduct; 609.746, repeat offenses of interference with
privacy; 617.23, repeat offenses of indecent exposure; 617.241, obscene
materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot;
609.66, dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision
2, paragraph (c), fifth degree assault against a
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vulnerable adult by a
caregiver; 609.23, mistreatment of persons confined; 609.231, mistreatment of
residents or patients; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.233, criminal
neglect of a vulnerable adult; 609.234, failure to report maltreatment of a
vulnerable adult; 609.72, subdivision 3, disorderly conduct against a
vulnerable adult; 609.265, abduction; 609.378, neglect or endangerment of a
child; 609.377, malicious punishment of a child; 609.324, subdivision 1a, other
prohibited acts, minor engaged in prostitution; 609.33, disorderly house;
609.52, theft; 609.582, burglary in the first, second, third, or fourth degree;
609.631, check forgery, offering a forged check; 609.275, attempt to coerce; an
attempt or conspiracy to commit any of these offenses as defined in Minnesota
Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.
(e)
Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of
the following offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of a misdemeanor conviction for one of the following
offenses: sections 609.224, fifth degree assault; 609.2242, domestic assault;
518B.01, violation of an order for protection; 609.3232, violation of an order
for protection; 609.746, interference with privacy; 609.79, obscene or
harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child,
third degree; 617.293, dissemination and display of harmful materials to
minors; 609.66, dangerous weapons; 609.665, spring guns; an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(f)
The person has been identified by the child protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide child protection database as a person found by a preponderance of
evidence under section 626.556 to be responsible for physical or sexual abuse
of a child within the last seven years.
(g)
The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide adult protection database as the person responsible for abuse or
neglect of a vulnerable adult within the last seven years.
(h)
The person has refused to give written consent for disclosure of criminal
history records.
(i)
The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on
appeal.
(j)
The person has a family child care licensing disqualification that has not been
set aside.
(k)
The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care
assistance application purposes or was used in submitting child care assistance
bills for payment.
(l)
The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public
assistance by a federal court, state court, or an administrative hearing
determination or waiver, through a disqualification consent agreement, as part
of an approved diversion plan under section 401.065, or a court-ordered stay
with probationary or other conditions.
(m)
The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions
listed in paragraphs (b) to (l).
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(n)
The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist
which provide the county with articulable suspicion that further pertinent
information may exist showing the household member meets one of the conditions
listed in paragraphs (b) to (l); and the household member actually meets one of
the conditions listed in paragraphs (b) to (l).
Sec.
12. Minnesota Statutes 2006, section 119B.13, subdivision 1, is amended to
read:
Subdivision
1. Subsidy restrictions. (a)
Beginning July 1, 2006, the maximum rate paid for child care assistance in
any county or multicounty region under the child care fund shall be the rate
for like-care arrangements in the county effective January 1, 2006, increased
by six percent.
(b)
Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is
completed between July 1, 2006, and August 31, 2006.
As
necessary, appropriate notice of adverse action must be made according to Minnesota
Rules, part 3400.0185, subparts 3 and 4.
New
cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.
(c)
Not less than once every two years Every year, the commissioner
shall survey rates charged by child care providers in Minnesota to determine
the 75th percentile for like-care arrangements in counties. When the
commissioner determines that, using the commissioner's established protocol,
the number of providers responding to the survey is too small to determine the
75th percentile rate for like-care arrangements in a county or multicounty
region, the commissioner may establish the 75th percentile maximum rate based
on like-care arrangements in a county, region, or category that the commissioner
deems to be similar.
(d)
A rate which includes a special needs rate paid under subdivision 3 or under
a school readiness service agreement paid under section 61 may be in excess
of the maximum rate allowed under this subdivision.
(e)
The department shall monitor the effect of this paragraph on provider rates.
The county shall pay the provider's full charges for every child in care up to
the maximum established. The commissioner shall determine the maximum rate for
each type of care on an hourly, full-day, and weekly basis, including special
needs and disability care.
(f)
When the provider charge is greater than the maximum provider rate allowed, the
parent is responsible for payment of the difference in the rates in addition to
any family co-payment fee.
Sec.
13. Minnesota Statutes 2006, section 119B.13, subdivision 3a, is amended to
read:
Subd.
3a. Provider rate differential for
accreditation. A family child care provider or child care center shall be
paid a 15 percent differential above the maximum rate established in
subdivision 1, up to the actual provider rate, if the provider or center holds
a current early childhood development credential or is accredited. For a family
child care provider, early childhood development credential and accreditation
includes an individual who has earned a child development associate degree, a
child development associate credential, a diploma in child development from
a Minnesota state technical college, or a bachelor's or post baccalaureate degree
in early childhood education from an accredited college or university, or who
is accredited by the National Association for Family Child Care or the
Competency Based Training and Assessment Program. For a child care center,
accreditation includes accreditation by the National Association for the
Education of Young Children, the Council on Accreditation, the National Early
Childhood Program Accreditation, the National School-Age Care Association, or
the National Head Start Association Program of Excellence. For Montessori
programs, accreditation includes the American Montessori Society, Association
of Montessori International-USA, or the National Center for Montessori
Education.
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Sec.
14. Minnesota Statutes 2006, section 119B.13, subdivision 6, is amended to
read:
Subd.
6. Provider payments. (a) Counties
or the state shall make vendor payments to the child care provider or pay the
parent directly for eligible child care expenses.
(b)
If payments for child care assistance are made to providers, the provider shall
bill the county for services provided within ten days of the end of the service
period. If bills are submitted within ten days of the end of the service
period, a county or the state shall issue payment to the provider of child care
under the child care fund within 30 days of receiving a bill from the provider.
Counties or the state may establish policies that make payments on a more
frequent basis.
(c)
All bills If a provider has received an authorization of care and has
been issued a billing form for an eligible family, the bill must be
submitted within 60 days of the last date of service on the bill. A county may
pay a bill submitted more than 60 days after the last date of service if the
provider shows good cause why the bill was not submitted within 60 days. Good
cause must be defined in the county's child care fund plan under section
119B.08, subdivision 3, and the definition of good cause must include county error.
A county may not pay any bill submitted more than a year after the last date of
service on the bill.
(d)
If a provider provided care for a time period without receiving an
authorization of care and a billing form for an eligible family, payment of
child care assistance may only be made retroactively for a maximum of six
months from the date the provider is issued an authorization of care and a
billing form.
(d) (e) A county may
stop payment issued to a provider or may refuse to pay a bill submitted by a
provider if:
(1)
the provider admits to intentionally giving the county materially false
information on the provider's billing forms; or
(2)
a county finds by a preponderance of the evidence that the provider
intentionally gave the county materially false information on the provider's
billing forms.
(e) (f) A county's
payment policies must be included in the county's child care plan under section
119B.08, subdivision 3. If payments are made by the state, in addition to being
in compliance with this subdivision, the payments must be made in compliance
with section 16A.124.
Sec.
15. Minnesota Statutes 2006, section 119B.13, subdivision 7, is amended to
read:
Subd. 7. Absent days. (a) Child care providers
may not be reimbursed for more than 25 full-day absent days per child,
excluding holidays, in a fiscal year, or for more than ten consecutive full-day
absent days, unless the child has a documented medical condition that causes
more frequent absences. Absences due to a documented medical condition of a
parent or sibling who lives in the same residence as the child receiving child
care assistance do not count against the 25-day absent day limit in a fiscal
year. Documentation of medical conditions must be on the forms and
submitted according to the timelines established by the commissioner. A
public health nurse or school nurse may verify the illness in lieu of a medical
practitioner. If a provider sends a child home early due to a medical reason,
including, but not limited to, fever or contagious illness, the child care
center director or lead teacher may verify the illness in lieu of a medical
practitioner. If a child attends for part of the time authorized to be in
care in a day, but is absent for part of the time authorized to be in care in
that same day, the absent time will be reimbursed but the time will not count
toward the ten consecutive or 25 cumulative absent day limits. Children in
families where at least one parent is under the age of 21, does not have a high
school or general equivalency diploma, and is a student in a school district or
another similar program that provides or arranges for child care, as well as
parenting,
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social services, career and
employment supports, and academic support to achieve high school graduation,
may be exempt from the absent day limits upon request of the program and
approval of the county. If a child attends part of an authorized day, payment to the provider
must be for the full amount of care authorized for that day. Child care
providers may only be reimbursed for absent days if the provider has a written
policy for child absences and charges all other families in care for similar
absences.
(b) Child care providers
must be reimbursed for up to ten federal or state holidays or designated
holidays per year when the provider charges all families for these days and the
holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for
the ten recognized state and federal holidays. Holidays do not count toward the
ten consecutive or 25 cumulative absent day limits.
(c) A family or child care
provider may not be assessed an overpayment for an absent day payment unless
(1) there was an error in the amount of care authorized for the family, (2) all
of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.
(d) The provider and family
must receive notification of the number of absent days used upon initial
provider authorization for a family and when the family has used 15 cumulative
absent days. Upon statewide implementation of the Minnesota Electronic Child
Care System, the provider and family authorization for a family and ongoing
notification of the number of absent days used as of the date of the
notification.
(e) A county may pay for more
absent days than the statewide absent day policy established under this
subdivision if current market practice in the county justifies payment for
those additional days. County policies for payment of absent days in excess of
the statewide absent day policy and justification for these county policies
must be included in the county's child care fund plan under section 119B.08,
subdivision 3. This paragraph may be implemented by counties on or after July
1, 2008.
Sec. 16. Minnesota Statutes 2006,
section 119B.21, subdivision 5, is amended to read:
Subd. 5. Child care services grants. (a) A child
care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants for:
(1) creating new licensed
child care facilities and expanding existing facilities, including, but not
limited to, supplies, equipment, facility renovation, and remodeling;
(2) improving licensed child
care facility programs;
(3) staff training and
development services including, but not limited to, in-service training,
curriculum development, accreditation, certification, consulting, resource
centers, and program and resource materials, supporting effective
teacher-child interactions, child-focused teaching, and content-driven
classroom instruction;
(4) interim financing;
(5) capacity building
through the purchase of appropriate technology to create, enhance, and maintain
business management systems;
(6) emergency assistance for
child care programs;
(7) new programs or projects
for the creation, expansion, or improvement of programs that serve ethnic
immigrant and refugee communities; and
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(8) targeted recruitment
initiatives to expand and build the capacity of the child care system and to
improve the quality of care provided by legal nonlicensed child care providers.
(b) A child care resource
and referral program designated under section 119B.19, subdivision 1a, may
award child care services grants to:
(1) licensed providers;
(2) providers in the process
of being licensed;
(3) corporations or public
agencies that develop or provide child care services;
(4) school-age care
programs; or
(5) any combination of
clauses (1) to (4).
Unlicensed providers are
only eligible for grants under paragraph (a), clause (7).
(c) A recipient of a child
care services grant for facility improvements, interim financing, or staff
training and development must provide a 25 percent local match.
Sec. 17. Minnesota Statutes
2006, section 256.01, subdivision 4, is amended to read:
Subd. 4. Duties as state agency. (a) The
state agency shall:
(1) supervise the
administration of assistance to dependent children under Laws 1937, chapter
438, by the county agencies in an integrated program with other service for
dependent children maintained under the direction of the state agency;
(2) may subpoena witnesses
and administer oaths, make rules, and take such action as may be necessary, or
desirable for carrying out the provisions of Laws 1937, chapter 438. All rules
made by the state agency shall be binding on the counties and shall be complied
with by the respective county agencies;
(3) (2) establish
adequate standards for personnel employed by the counties and the state agency
in the administration of Laws 1937, chapter 438, and make the necessary rules
to maintain such standards;
(4) (3) prescribe the
form of and print and supply to the county agencies blanks for applications,
reports, affidavits, and such other forms as it may deem necessary and
advisable;
(5) (4) cooperate with
the federal government and its public welfare agencies in any reasonable manner
as may be necessary to qualify for federal aid for temporary assistance for
needy families and in conformity with title I of Public Law 104-193, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and
successor amendments, including the making of such reports and such forms and
containing such information as the Federal Social Security Board may from time
to time require, and comply with such provisions as such board may from time to
time find necessary to assure the correctness and verification of such reports;
(6) may cooperate with other
state agencies in establishing reciprocal agreements in instances where a child
receiving Minnesota family investment program assistance moves or contemplates
moving into or out of the state, in order that such child may continue to
receive supervised aid from the state moved from until the child shall have
resided for one year in the state moved to;
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(7) (5) on or before
October 1 in each even-numbered year make a biennial report to the governor
concerning the activities of the agency;
(8) (6) enter into
agreements with other departments of the state as necessary to meet all
requirements of the federal government; and
(9) (7) cooperate with
the commissioner of education to enforce the requirements for program integrity
and fraud prevention for investigation for child care assistance under chapter
119B.
(b) The state agency may:
(1) subpoena witnesses and
administer oaths, make rules, and take such action as may be necessary or
desirable for carrying out the provisions of Laws 1937, chapter 438. All rules
made by the state agency shall be binding on the counties and shall be complied
with by the respective county agencies;
(2) cooperate with other
state agencies in establishing reciprocal agreements in instances where a child
receiving Minnesota family investment program assistance moves or contemplates
moving into or out of the state, in order that the child may continue to
receive supervised aid from the state moved from until the child has resided for
one year in the state moved to; and
(3) administer oaths and
affirmations, take depositions, certify to official acts, and issue subpoenas
to compel the attendance of individuals and the production of documents and
other personal property necessary in connection with the administration of
programs administered by the Department of Human Services.
(c) The fees for service of
a subpoena in paragraph (b), clause (3), must be paid in the same manner as
prescribed by law for a service of process issued by a district court.
Witnesses must receive the same fees and mileage as in civil actions.
(d) The subpoena in
paragraph (b), clause (3), shall be enforceable through the district court in
the district where the subpoena is issued.
Sec. 18. Minnesota Statutes
2006, section 256.01, is amended by adding a subdivision to read:
Subd. 23. Administrative simplification; county cost study. (a) The
commissioner shall establish and convene the first meeting of an advisory committee
to identify ways to simplify and streamline human services laws and
administrative requirements. The advisory committee shall select its chair from
its membership at the first meeting.
(b) The committee shall
consist of three senators appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration, three state representatives
appointed by the speaker of the house of representatives, and nine department
staff and county representatives appointed by the commissioner. The
appointments required under this paragraph must be completed by September 1,
2007.
(c) The committee shall
discuss methods of reducing inconsistency between programs and complexity
within programs in order to improve administrative efficiency and reduce the
risk of recipient noncompliance. Topics for discussion may include child
support enforcement, adoption services, child care licensing, child care
assistance, and other programs. The state senators and state representatives on
the advisory committee, in consultation with the advisory committee, shall
report annually to the chairs of the legislative committees and divisions with
jurisdiction over the Department of Human Services, beginning January 15, 2008,
with recommendations developed by the advisory group.
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(d) The commissioner, in
consultation with the advisory committee, shall study and report to the
legislature by January 15, 2009, on the transfer of any responsibilities between
the department and counties that would result in more efficient and effective
administration of human services programs.
(e)
This section expires on June 30, 2012.
Sec.
19. Minnesota Statutes 2006, section 256.015, subdivision 7, is amended to read:
Subd.
7. Cooperation required. Upon the
request of the Department of Human Services, any state agency or third party
payer shall cooperate with the department in furnishing information to help
establish a third party liability. Upon the request of the Department of Human
Services or county child support or human service agencies, any employer or
third party payer shall cooperate in furnishing information about group health
insurance plans or medical benefit plans available to its employees. For
purposes of section 176.191, subdivision 4, the Department of Labor and
Industry may allow the Department of Human Services and county agencies direct
access and data matching on information relating to workers' compensation
claims in order to determine whether the claimant has reported the fact of a
pending claim and the amount paid to or on behalf of the claimant to the
Department of Human Services. The Department of Human Services and county
agencies shall limit its use of information gained from agencies, third party
payers, and employers to purposes directly connected with the administration of
its public assistance and child support programs. The provision of information
by agencies, third party payers, and employers to the department under this
subdivision is not a violation of any right of confidentiality or data privacy.
Sec.
20. Minnesota Statutes 2006, section 256.017, subdivision 1, is amended to
read:
Subdivision
1. Authority and purpose. The
commissioner shall administer a compliance system for the Minnesota family
investment program, the food stamp or food support program, emergency
assistance, general assistance, medical assistance, general assistance medical
care, emergency general assistance, Minnesota supplemental assistance,
preadmission screening, and alternative care grants, and the child
care assistance program under the powers and authorities named in section
256.01, subdivision 2. The purpose of the compliance system is to permit the
commissioner to supervise the administration of public assistance programs and
to enforce timely and accurate distribution of benefits, completeness of
service and efficient and effective program management and operations, to
increase uniformity and consistency in the administration and delivery of
public assistance programs throughout the state, and to reduce the possibility
of sanctions and fiscal disallowances for noncompliance with federal
regulations and state statutes.
The
commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section 256.01, subdivision 2, to encourage county
agency compliance with written policies and procedures.
Sec.
21. Minnesota Statutes 2006, section 256.017, subdivision 9, is amended to
read:
Subd.
9. Timing and disposition of penalty and
case disallowance funds. Quality control case penalty and administrative
penalty amounts shall be disallowed or withheld from the next regular
reimbursement made to the county agency for state and federal benefit reimbursements
and federal administrative reimbursements for all programs covered in this
section, according to procedures established in statute, but shall not be
imposed sooner than 30 calendar days from the date of written notice of such
penalties. Except for penalties withheld under the child care assistance
program, all penalties must be deposited in the county incentive fund
provided in section 256.018. Penalties withheld under the child care
assistance program shall be reallocated to counties using the allocation
formula under section 119B.03, subdivision 5. All penalties must be imposed
according to this provision until a decision is made regarding the status of a
written exception. Penalties must be returned to county agencies when a review
of a written exception results in a decision in their favor.
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Sec. 22. Minnesota Statutes
2006, section 256.984, subdivision 1, is amended to read:
Subdivision 1. Declaration. Every application for
public assistance under this chapter or chapters 256B, 256D, 256J, and 256L;
child care programs under chapter 119B; and food stamps or food support
under chapter 393 shall be in writing or reduced to writing as prescribed by the
state agency and shall contain the following declaration which shall be signed
by the applicant:
"I declare under the
penalties of perjury that this application has been examined by me and to the
best of my knowledge is a true and correct statement of every material point. I
understand that a person convicted of perjury may be sentenced to imprisonment
of not more than five years or to payment of a fine of not more than $10,000,
or both."
Sec. 23. [256D.0516] EXPIRATION OF FOOD SUPPORT
BENEFITS AND REPORTING REQUIREMENTS.
Subdivision 1. Expiration of food support benefits. Food support
benefits shall not be stored off line or expunged from a recipient's account
unless the benefits have not been accessed for 12 months after the month they
were issued.
Subd. 2. Food support reporting requirements. The commissioner of
human services shall implement simplified reporting as permitted under the Food
Stamp Act of 1977, as amended, and the food stamp regulations in Code of
Federal Regulations, title 7, part 273. Food support recipient households
required to report periodically shall not be required to report more often than
one time every six months. This provision shall not apply to households
receiving food benefits under the Minnesota family investment program waiver.
EFFECTIVE DATE. Subdivision 1 is
effective February 1, 2008, and subdivision 2 is effective May 1, 2008.
Sec. 24. [256F.15] GRANT PROGRAM FOR CRISIS
NURSERIES.
Subdivision 1. Crisis nurseries. The commissioner of human services
shall establish a grant program to assist private and public agencies and
organizations to provide crisis nurseries to offer services and temporary care
to families experiencing crisis situations including children who are at high
risk of abuse and neglect, children who have been abused and neglected, and
children who are in families receiving child protective services. This service
shall be provided without a fee for a maximum of 30 days in any year. Crisis
nurseries shall provide short-term case management, family support services,
parent education, crisis intervention, referrals, and resources, as needed.
(a) The crisis nurseries
must provide a spectrum of services that may include, but are not limited to:
(1) being available 24 hours
a day, seven days a week;
(2) providing services for
children up to 72 hours at any one time;
(3) providing short-term
case management to bridge the gap between crisis and successful living;
(4) making referrals for
parents to counseling services and other community resources to help alleviate
the underlying cause of the precipitating stress or crisis;
(5) providing services
without a fee for a maximum of 30 days in any year;
(6) providing services to
families with children from birth through 12 years of age, as services are available;
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(7)
providing an immediate response to family needs and strengths with an initial
assessment and intake interview, making referrals to appropriate agencies or
programs, and providing temporary care of children, as needed;
(8)
maintaining the clients' confidentiality to the extent required by law, and
also complying with statutory reporting requirements which may mandate a report
to child protective services;
(9)
providing a volunteer component and support for volunteers;
(10)
providing preservice training and ongoing training to providers and volunteers;
(11)
evaluating the services provided by documenting use of services, the result of family
referrals made to community resources, and how the services reduced the risk of
maltreatment;
(12)
providing developmental assessments;
(13)
providing medical assessments as determined by using a risk screening tool;
(14)
providing parent education classes or programs that include parent-child
interaction either on site or in collaboration with other community agencies;
and
(15)
having a multidisciplinary advisory board which may include one or more parents
who have used the crisis nursery services.
(b)
The crisis nurseries are encouraged to provide opportunities for parents to
volunteer, if appropriate.
(c)
Parents shall retain custody of their children during placement in a crisis
facility.
Subd.
2. Fund distribution. In
distributing funds, the commissioner shall give priority consideration to
agencies and organizations with experience in working with abused or neglected
children and their families, and with children at high risk of abuse and
neglect and their families, and serve communities which demonstrate the
greatest need for these services. Funds shall be distributed to crisis
nurseries according to a formula developed by the commissioner in consultation
with the Minnesota Crisis Nursery Association. The formula shall include
funding for all existing crisis nursery programs that have been previously
funded through the Department of Human Services and that meet program
requirements as specified in subdivision 1, paragraph (a), and consideration of
factors reflecting the need for services in each service area, including but
not limited to the number of children 18 years of age and under living in the
service area, the percent of children 18 years of age and under living in
poverty in the service area, and factors reflecting the cost of providing
services, including but not limited to the number of hours of service provided
in the previous year.
Sec.
25. Minnesota Statutes 2006, section 256J.01, is amended by adding a
subdivision to read:
Subd.
6. Legislative approval to move programs or
activities. The commissioner shall not move programs or activities
funded with MFIP or TANF maintenance of effort funds to other funding sources
without legislative approval.
Sec.
26. Minnesota Statutes 2006, section 256J.02, subdivision 1, is amended to read:
Subdivision
1. Commissioner's authority to
administer block grant funds. The commissioner of human services is
authorized to receive, administer, and expend funds available under the TANF
block grant authorized under title I of Public Law 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, and under
Public Law 109-171, the Deficit Reduction Act of 2005.
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Sec. 27. Minnesota Statutes
2006, section 256J.02, subdivision 4, is amended to read:
Subd. 4. Authority to transfer. Subject to
limitations of title I of Public Law 104-193, the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, as amended, and under Public
Law 109-171, the Deficit Reduction Act of 2005, the legislature may
transfer money from the TANF block grant to the child care fund under chapter
119B, or the Title XX block grant.
Sec. 28. Minnesota Statutes
2006, section 256J.021, is amended to read:
256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.
(a) Until October 1,
2006, the commissioner of human services must treat MFIP expenditures made to
or on behalf of any minor child under section 256J.02, subdivision 2, clause
(1), who is a resident of this state under section 256J.12, and who is part of
a two-parent eligible household as expenditures under a separately funded state
program and report those expenditures to the federal Department of Health and
Human Services as separate state program expenditures under Code of Federal
Regulations, title 45, section 263.5. Families receiving assistance
under this section shall comply with all applicable requirements in this
chapter.
(b) Beginning October 1, 2006,
the commissioner of human services must treat MFIP expenditures made to or on
behalf of any minor child under section 256J.02, subdivision 2, clause (1), who
is a resident of this state under section 256J.12, and who is part of a
two-parent eligible household, as expenditures under a separately funded
state program. These expenditures shall not count toward the state's
maintenance of effort (MOE) requirements under the federal Temporary Assistance
to Needy Families (TANF) program except if counting certain families would
allow the commissioner to avoid a federal penalty. Families receiving
assistance under this section must comply with all applicable requirements in
this chapter.
(c) Beginning July 1, 2007,
the commissioner of human services shall treat MFIP expenditures made to or on
behalf of any minor child who is part of a household that meets criteria in
section 256J.575, subdivision 3, as expenditures under a separately funded
state program under section 256J.575, subdivision 8.
Sec. 29. Minnesota Statutes
2006, section 256J.08, subdivision 65, is amended to read:
Subd. 65. Participant. (a) "Participant"
means includes any of the following:
(1) a person who is currently
receiving cash assistance or the food portion available through MFIP. A person
who fails to withdraw or access electronically any portion of the person's cash
and food assistance payment by the end of the payment month, who makes a
written request for closure before the first of a payment month and repays cash
and food assistance electronically issued for that payment month within that
payment month, or who returns any uncashed assistance check and food coupons
and withdraws from the program is not a participant.;
(2) a person who withdraws a
cash or food assistance payment by electronic transfer or receives and cashes
an MFIP assistance check or food coupons and is subsequently determined to be
ineligible for assistance for that period of time is a participant, regardless
whether that assistance is repaid. The term "participant" includes;
(3) the caregiver relative and
the minor child whose needs are included in the assistance payment.;
(4) a person in an assistance
unit who does not receive a cash and food assistance payment because the case
has been suspended from MFIP is a participant.;
(5) a person who receives cash
payments under the diversionary work program under section 256J.95 is a
participant.; and
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(6) a person who receives
cash payments under the family stabilization services program under section
256J.575.
(b) "Participant"
does not include a person who fails to withdraw or access electronically any
portion of the person's cash and food assistance payment by the end of the
payment month, who makes a written request for closure before the first of a
payment month and repays cash and food assistance electronically issued for
that payment month within that payment month, or who returns any uncashed assistance
check and food coupons and withdraws from the program.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota Statutes
2006, section 256J.20, subdivision 3, is amended to read:
Subd. 3. Other property limitations. To be
eligible for MFIP, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for applicants and
$5,000 for ongoing participants. The value of assets in clauses (1) to (19)
must be excluded when determining the equity value of real and personal
property:
(1) a licensed vehicle up
to a loan value of less than or equal to $7,500. The county agency shall apply
any excess loan value as if it were equity value to the asset limit described
in this section. If the assistance unit owns more than one licensed
vehicle, the county agency shall determine the vehicle with the
highest loan value and count only the loan value over $7,500, the loan
value of all additional vehicles and exclude the combined loan value of less
than or equal to $7,500. The county agency shall apply any excess loan value as
if it were equity value to the asset limit described in this section,
excluding: (i) the value of one vehicle per physically disabled person when the
vehicle is needed to transport the disabled unit member; this exclusion does
not apply to mentally disabled people; (ii) the value of special equipment for
a disabled member of the assistance unit; and (iii) any vehicle used for
long-distance travel, other than daily commuting, for the employment of a unit
member.
The county agency shall
count the loan value of all other vehicles and apply this amount as if it were
equity value to the asset limit described in this section. To establish the loan value
of vehicles, a county agency must use the N.A.D.A. Official Used Car Guide,
Midwest Edition, for newer model cars. When a vehicle is not listed in the
guidebook, or when the applicant or participant disputes the loan value listed
in the guidebook as unreasonable given the condition of the particular vehicle,
the county agency may require the applicant or participant document the loan
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 county agency shall reimburse the applicant or participant for
the cost of a written statement that documents a lower loan value;
(2) the value of life
insurance policies for members of the assistance unit;
(3) one burial plot per
member of an assistance unit;
(4) the value of personal
property needed to produce earned income, including tools, implements, farm
animals, inventory, business loans, business checking and savings accounts used
at least annually and used exclusively for the operation of a self-employment
business, and any motor vehicles if at least 50 percent of the vehicle's use is
to produce income and if the vehicles are essential for the self-employment
business;
(5) the value of personal
property not otherwise specified which is commonly used by household members in
day-to-day living such as clothing, necessary household furniture, equipment,
and other basic maintenance items essential for daily living;
(6) the value of real and
personal property owned by a recipient of Supplemental Security Income or
Minnesota supplemental aid;
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(7) the value of corrective
payments, but only for the month in which the payment is received and for the
following month;
(8) a mobile home or other
vehicle used by an applicant or participant as the applicant's or participant's
home;
(9) money in a separate
escrow account that is needed to pay real estate taxes or insurance and that is
used for this purpose;
(10) money held in escrow to
cover employee FICA, employee tax withholding, sales tax withholding, employee
worker compensation, business insurance, property rental, property taxes, and
other costs that are paid at least annually, but less often than monthly;
(11) monthly assistance
payments for the current month's or short-term emergency needs under section
256J.626, subdivision 2;
(12) the value of school
loans, grants, or scholarships for the period they are intended to cover;
(13) payments listed in
section 256J.21, subdivision 2, clause (9), which are held in escrow for a
period not to exceed three months to replace or repair personal or real
property;
(14) income received in a
budget month through the end of the payment month;
(15) savings from earned
income of a minor child or a minor parent that are set aside in a separate
account designated specifically for future education or employment costs;
(16) the federal earned
income credit, Minnesota working family credit, state and federal income tax
refunds, state homeowners and renters credits under chapter 290A, property tax
rebates and other federal or state tax rebates in the month received and the
following month;
(17) payments excluded under
federal law as long as those payments are held in a separate account from any
nonexcluded funds;
(18) the assets of children
ineligible to receive MFIP benefits because foster care or adoption assistance
payments are made on their behalf; and
(19) the assets of persons
whose income is excluded under section 256J.21, subdivision 2, clause (43).
Sec. 31. Minnesota Statutes
2006, section 256J.21, subdivision 2, is amended to read:
Subd. 2. Income exclusions. The following must
be excluded in determining a family's available income:
(1) payments for basic care,
difficulty of care, and clothing allowances received for providing family
foster care to children or adults under Minnesota Rules, parts 9555.5050 to
9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and
used for care and maintenance of a third-party beneficiary who is not a
household member;
(2) reimbursements for
employment training received through the Workforce Investment Act of 1998,
United States Code, title 20, chapter 73, section 9201;
(3) reimbursement for
out-of-pocket expenses incurred while performing volunteer services, jury duty,
employment, or informal carpooling arrangements directly related to employment;
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(4)
all educational assistance, except the county agency must count graduate
student teaching assistantships, fellowships, and other similar paid work as
earned income and, after allowing deductions for any unmet and necessary
educational expenses, shall count scholarships or grants awarded to graduate
students that do not require teaching or research as unearned income;
(5)
loans, regardless of purpose, from public or private lending institutions,
governmental lending institutions, or governmental agencies;
(6)
loans from private individuals, regardless of purpose, provided an applicant or
participant documents that the lender expects repayment;
(7)(i)
state income tax refunds; and
(ii)
federal income tax refunds;
(8)(i)
federal earned income credits;
(ii)
Minnesota working family credits;
(iii)
state homeowners and renters credits under chapter 290A; and
(iv)
federal or state tax rebates;
(9)
funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court,
solicited through public appeal, or made as a grant by a federal agency, state
or local government, or disaster assistance organizations, subsequent to a
presidential declaration of disaster;
(10)
the portion of an insurance settlement that is used to pay medical, funeral,
and burial expenses, or to repair or replace insured property;
(11)
reimbursements for medical expenses that cannot be paid by medical assistance;
(12)
payments by a vocational rehabilitation program administered by the state under
chapter 268A, except those payments that are for current living expenses;
(13)
in-kind income, including any payments directly made by a third party to a
provider of goods and services;
(14)
assistance payments to correct underpayments, but only for the month in which
the payment is received;
(15)
payments for short-term emergency needs under section 256J.626, subdivision 2;
(16)
funeral and cemetery payments as provided by section 256.935;
(17)
nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in a
calendar month;
(18)
any form of energy assistance payment made through Public Law 97-35, Low-Income
Home Energy Assistance Act of 1981, payments made directly to energy providers
by other public and private agencies, and any form of credit or rebate payment
issued by energy providers;
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(19) Supplemental Security
Income (SSI), including retroactive SSI payments and other income of an SSI
recipient, except as described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental
aid, including retroactive payments;
(21) proceeds from the sale
of real or personal property;
(22) state adoption
assistance payments under section 259.67, and up to an equal amount of county
adoption assistance payments;
(23) state-funded family
subsidy program payments made under section 252.32 to help families care for
children with developmental disabilities, consumer support grant funds under
section 256.476, and resources and services for a disabled household member
under one of the home and community-based waiver services programs under
chapter 256B;
(24) interest payments and
dividends from property that is not excluded from and that does not exceed the
asset limit;
(25) rent rebates;
(26) income earned by a
minor caregiver, minor child through age 6, or a minor child who is at least a
half-time student in an approved elementary or secondary education program;
(27) income earned by a
caregiver under age 20 who is at least a half-time student in an approved
elementary or secondary education program;
(28) MFIP child care
payments under section 119B.05;
(29) all other payments made
through MFIP to support a caregiver's pursuit of greater economic stability;
(30) income a participant
receives related to shared living expenses;
(31) reverse mortgages;
(32) benefits provided by the
Child Nutrition Act of 1966, United States Code, title 42, chapter 13A,
sections 1771 to 1790;
(33) benefits provided by
the women, infants, and children (WIC) nutrition program, United States Code,
title 42, chapter 13A, section 1786;
(34) benefits from the
National School Lunch Act, United States Code, title 42, chapter 13, sections
1751 to 1769e;
(35) relocation assistance
for displaced persons under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, United States Code, title 42, chapter 61,
subchapter II, section 4636, or the National Housing Act, United States Code,
title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade
Act of 1974, United States Code, title 19, chapter 12, part 2, sections 2271 to
2322;
(37) war reparations
payments to Japanese Americans and Aleuts under United States Code, title 50,
sections 1989 to 1989d;
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(38)
payments to veterans or their dependents as a result of legal settlements
regarding Agent Orange or other chemical exposure under Public Law 101-239,
section 10405, paragraph (a)(2)(E);
(39)
income that is otherwise specifically excluded from MFIP consideration in
federal law, state law, or federal regulation;
(40)
security and utility deposit refunds;
(41)
American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth,
Leech Lake, and Mille Lacs reservations and payments to members of the White
Earth Band, under United States Code, title 25, chapter 9, section 331, and
chapter 16, section 1407;
(42)
all income of the minor parent's parents and stepparents when determining the
grant for the minor parent in households that include a minor parent living
with parents or stepparents on MFIP with other children;
(43)
income of the minor parent's parents and stepparents 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 households that include a minor parent living
with parents or stepparents not on MFIP when determining the grant for the
minor parent. The remainder of income is deemed as specified in section
256J.37, subdivision 1b;
(44)
payments made to children eligible for relative custody assistance under
section 257.85;
(45)
vendor payments for goods and services made on behalf of a client unless the
client has the option of receiving the payment in cash; and
(46)
the principal portion of a contract for deed payment.; and
(47)
cash payments to individuals enrolled for full-time service as a volunteer
under AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State,
AmeriCorps National, and AmeriCorps NCCC.
Sec.
32. Minnesota Statutes 2006, section 256J.32, subdivision 6, is amended to
read:
Subd.
6. Recertification. The county
agency shall recertify eligibility in an annual face-to-face interview with the
participant and verify the following:
(1)
presence of the minor child in the home, if questionable;
(2)
income, unless excluded, including self-employment expenses used as a deduction
or deposits or withdrawals from business accounts;
(3)
assets when the value is within $200 of the asset limit;
(4)
information to establish an exception under section 256J.24, subdivision 9, if
questionable; and
(5)
inconsistent information, if related to eligibility; and
(6)
whether a single caregiver household meets requirements in section 256J.575, subdivision
3.
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Sec.
33. Minnesota Statutes 2006, section 256J.37, subdivision 3a, is amended to
read:
Subd.
3a. Rental subsidies; unearned income.
(a) Effective July 1, 2003, the county agency shall count $50 $25
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 $25. 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 prevents the
person from obtaining or retaining 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.
(d)
Prior to implementing this provision, the commissioner must identify the MFIP
participants subject to this provision and provide written notice to these
participants at least 30 days before the first grant reduction. The notice must
inform the participant of the basis for the potential grant reduction, the
exceptions to the provision, if any, and inform the participant of the steps
necessary to claim an exception. A person who is found not to meet one of the
exceptions to the provision must be notified and informed of the right to a
fair hearing under section 256J.40. The notice must also inform the participant
that the participant may be eligible for a rent reduction resulting from a
reduction in the MFIP grant and encourage the participant to contact the local
housing authority.
Sec.
34. Minnesota Statutes 2006, section 256J.42, subdivision 1, is amended to
read:
Subdivision
1. Time limit. (a) Except as otherwise
provided for in this section, an assistance unit in which any adult caregiver
has received 60 months of cash assistance funded in whole or in part by the
TANF block grant in this or any other state or United States territory, or from
a tribal TANF program, MFIP, the AFDC program formerly codified in sections
256.72 to 256.87, or the family general assistance program formerly codified in
sections 256D.01 to 256D.23, funded in whole or in part by state
appropriations, is ineligible to receive MFIP. Any cash assistance funded with
TANF dollars in this or any other state or United States territory, or from a
tribal TANF program, or MFIP assistance funded in whole or in part by state
appropriations, that was received by the unit on or after the date TANF was
implemented, including any assistance received in states or United States
territories of prior residence, counts toward the 60-month limitation. Months
during which any cash assistance is received by an assistance unit with a
mandatory member who is disqualified for wrongfully obtaining public assistance
under section 256.98, subdivision 8, counts toward the time limit for the
disqualified member. The 60-month limit applies to a minor caregiver except
under subdivision 5. The 60-month time period does not need to be consecutive
months for this provision to apply.
(b)
The months before July 1998 in which individuals received assistance as part of
the field trials as an MFIP, MFIP-R, or MFIP or MFIP-R comparison group family
are not included in the 60-month time limit.
EFFECTIVE DATE. This section is
effective October 1, 2007.
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Sec.
35. Minnesota Statutes 2006, section 256J.46, is amended by adding a
subdivision to read:
Subd.
3. Restrictions on sanctions. A
participant shall not be sanctioned for failure to meet the agreed upon hours
in a participant's employment plan under section 256J.521, subdivision 2, when
the participant fails to meet the agreed upon hours of participation in paid
employment because the participant is not eligible for holiday pay and the
participant's place of employment is closed for a holiday.
Sec.
36. Minnesota Statutes 2006, section 256J.49, subdivision 13, is amended to
read:
Subd.
13. Work activity. "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, the self-employment investment demonstration program (SEID) as
specified in section 256J.65, 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 performed in return for cash assistance is prohibited
and does not count as a work activity, unless the participant voluntarily
agrees, in writing, to engage in unpaid work in return for cash assistance. The
participant may terminate the unpaid work arrangement, in writing, at any time;
(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) 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 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.
Sec.
37. Minnesota Statutes 2006, section 256J.521, subdivision 1, is amended to
read:
Subdivision
1. Assessments. (a) For purposes of
MFIP employment services, assessment is a continuing process of gathering
information related to employability for the purpose of identifying both
participant's strengths and strategies for coping with issues that interfere
with employment. The job counselor must use information from the assessment
process to develop and update the employment plan under subdivision 2 or 3, as
appropriate, and to determine whether the participant qualifies for a
family violence waiver including an employment plan under subdivision 3, and
to determine whether the participant should be referred to the family
stabilization services program under section 256J.575.
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(b)
The scope of assessment must cover at least the following areas:
(1)
basic information about the participant's ability to obtain and retain
employment, including: a review of the participant's education level;
interests, skills, and abilities; prior employment or work experience;
transferable work skills; child care and transportation needs;
(2)
identification of personal and family circumstances that impact the
participant's ability to obtain and retain employment, including: any special
needs of the children, the level of English proficiency, family violence
issues, and any involvement with social services or the legal system;
(3)
the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning
needs. Screening tools for mental and chemical health and special learning
needs must be approved by the commissioner and may only be administered by job
counselors or county staff trained in using such screening tools. The
commissioner shall work with county agencies to develop protocols for referrals
and follow-up actions after screens are administered to participants, including
guidance on how employment plans may be modified based upon outcomes of certain
screens. Participants must be told of the purpose of the screens and how the
information will be used to assist the participant in identifying and
overcoming barriers to employment. Screening for mental and chemical health and
special learning needs must be completed by participants who are unable to find
suitable employment after six weeks of job search under subdivision 2,
paragraph (b), and participants who are determined to have barriers to
employment under subdivision 2, paragraph (d). Failure to complete the screens
will result in sanction under section 256J.46; and
(4)
a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during
the past 12 months. The purpose of the review is to determine the need for
additional services and supports, including placement in subsidized employment
or unpaid work experience under section 256J.49, subdivision 13, or referral
to the family stabilization services program under section 256J.575.
(c)
Information gathered during a caregiver's participation in the diversionary
work program under section 256J.95 must be incorporated into the assessment
process.
(d)
The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section
254A.03, subdivision 3, including provisions in the administrative rules which
recognize the cultural background of the participant, or a professional
psychological assessment as a component of the assessment process, when the job
counselor has a reasonable belief, based on objective evidence, that a
participant's ability to obtain and retain suitable employment is impaired by a
medical condition. The job counselor may assist the participant with arranging
services, including child care assistance and transportation, necessary to meet
needs identified by the assessment. Data gathered as part of a professional
assessment must be classified and disclosed according to the provisions in
section 13.46.
Sec.
38. Minnesota Statutes 2006, section 256J.521, subdivision 2, is amended to
read:
Subd.
2. Employment plan; contents. (a)
Based on the assessment under subdivision 1, the job counselor and the
participant must develop an employment plan that includes participation in
activities and hours that meet the requirements of section 256J.55, subdivision
1. The purpose of the employment plan is to identify for each participant the
most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed
using the highest level of activity appropriate for the participant. Activities
must be chosen from clauses (1) to (6), which are listed in order of preference.
Notwithstanding this order of preference for activities, priority must be given
for activities related to a family violence waiver when developing the
employment plan. The employment plan must also list the specific steps the
participant will take to obtain employment, including steps necessary for the
participant to progress from one level of activity to another, and a timetable
for completion of each step. Levels of activity include:
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(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or
unpaid work experience;
(4) unsubsidized employment
and job readiness education or job skills training;
(5) unsubsidized employment
or unpaid work experience and activities related to a family violence waiver or
preemployment needs; and
(6) activities related to a
family violence waiver or preemployment needs.
(b) Participants who are
determined to possess sufficient skills such that the participant is likely to
succeed in obtaining unsubsidized employment must job search at least 30 hours
per week for up to six weeks and accept any offer of suitable employment. The
remaining hours necessary to meet the requirements of section 256J.55,
subdivision 1, may be met through participation in other work activities under
section 256J.49, subdivision 13. The participant's employment plan must
specify, at a minimum: (1) whether the job search is supervised or
unsupervised; (2) support services that will be provided; and (3) how frequently
the participant must report to the job counselor. Participants who are unable
to find suitable employment after six weeks must meet with the job counselor to
determine whether other activities in paragraph (a) should be incorporated into
the employment plan. Job search activities which are continued after six weeks
must be structured and supervised.
(c) Beginning July 1, 2004,
activities and hourly requirements in the employment plan may be adjusted as
necessary to accommodate the personal and family circumstances of participants
identified under section 256J.561, subdivision 2, paragraph (d). Participants
who no longer meet the provisions of section 256J.561, subdivision 2, paragraph
(d), must meet with the job counselor within ten days of the determination to
revise the employment plan.
(d) Participants who are
determined to have barriers to obtaining or retaining employment that will not
be overcome during six weeks of job search under paragraph (b) must work with
the job counselor to develop an employment plan that addresses those barriers
by incorporating appropriate activities from paragraph (a), clauses (1) to (6).
The employment plan must include enough hours to meet the participation
requirements in section 256J.55, subdivision 1, unless a compelling reason to
require fewer hours is noted in the participant's file.
(e) The job counselor and
the participant must sign the employment plan to indicate agreement on the
contents.
(f) Except as provided under
paragraph (g),
failure to develop or comply with activities in the plan, or voluntarily
quitting suitable employment without good cause, will result in the imposition
of a sanction under section 256J.46. The job counselor is encouraged to
allow participants who are participating in at least 20 hours of work
activities to also participate in employment and training activities in order
to meet the federal hourly participation rates.
(g) When a participant fails
to meet the agreed upon hours of participation in paid employment because the
participant is not eligible for holiday pay and the participant's place of
employment is closed for a holiday, the job counselor shall not impose a
sanction or increase the hours of participation in any other activity,
including paid employment, to offset the hours that were missed due to the
holiday.
(f) (h) Except as provided
under paragraph (g), employment plans must be reviewed at least every three months to
determine whether activities and hourly requirements should be revised. The
job counselor is encouraged to allow participants who are participating in at
least 20 hours of work activities to also participate in education and training
activities in order to meet the federal hourly participations rates.
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Sec. 39. Minnesota Statutes
2006, 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 participant must be
working in unsubsidized employment at least 20 hours per week. 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;
(2) 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) 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 the participant's MFIP assessment, previous education, training, and work
history; current motivation; and changes in previous circumstances.
(c) The hourly unsubsidized
employment requirement does not apply for intensive education or training
programs lasting 12 weeks or less when full-time attendance is required.
(d) Participants with an
approved employment plan in place on July 1, 2003, which includes more than 12
months of postsecondary education or training shall be allowed to complete that
plan provided that hourly requirements in section 256J.55, subdivision 1, and
conditions specified in paragraph (b), and subdivisions 3 and 5 are met. A
participant whose case is subsequently closed for three months or less for
reasons other than noncompliance with program requirements and who returns to
MFIP shall be allowed to complete that plan provided that hourly requirements
in section 256J.55, subdivision 1, and conditions specified in paragraph (b)
and subdivisions 3 and 5 are met.
Sec. 40. Minnesota Statutes
2006, section 256J.55, subdivision 1, is amended to read:
Subdivision 1. Participation requirements. (a) All
caregivers must participate in employment services under sections 256J.515 to
256J.57 concurrent with receipt of MFIP assistance.
(b) Until July 1, 2004,
participants who meet the requirements of section 256J.56 are exempt from
participation requirements.
(c) Participants under
paragraph (a) must develop and comply with an employment plan under section
256J.521 or section 256J.54 in the case of a participant under the age of 20
who has not obtained a high school diploma or its equivalent.
(d) With the exception of
participants under the age of 20 who must meet the education requirements of
section 256J.54, all participants must meet the hourly participation
requirements of TANF or the hourly requirements listed in clauses (1) to (3),
whichever is higher.
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(1)
In single-parent families with no children under six years of age, the job
counselor and the caregiver must develop an employment plan that includes 30
to 35 hours per week of work activities 130 hours per month of work
activities.
(2)
In single-parent families with a child under six years of age, the job
counselor and the caregiver must develop an employment plan that includes 20
to 35 hours per week of work activities 87 hours per month of work
activities.
(3)
In two-parent families, the job counselor and the caregivers must develop
employment plans which result in a combined total of at least 55 hours per week
of work activities.
(e)
Failure to participate in employment services, including the requirement to develop
and comply with an employment plan, including hourly requirements, without good
cause under section 256J.57, shall result in the imposition of a sanction under
section 256J.46.
Sec.
41. [256J.575] FAMILY STABILIZATION
SERVICES.
Subdivision
1. Purpose. (a) The family
stabilization services serve families who are not making significant progress
within the Minnesota family investment program (MFIP) due to a variety of
barriers to employment.
(b)
The goal of the services is to stabilize and improve the lives of families at
risk of long-term welfare dependency or family instability due to employment
barriers such as physical disability, mental disability, age, or providing care
for a disabled household member. These services promote and support families to
achieve the greatest possible degree of self-sufficiency.
Subd.
2. Definitions. The terms used
in this section have the meanings given them in paragraphs (a) to (d).
(a)
"Case manager" means the county-designated staff person or employment
services counselor.
(b)
"Case management" means the services provided by or through the
county agency or through the employment services agency to participating
families, including assessment, information, referrals, and assistance in the
preparation and implementation of a family stabilization plan under subdivision
5.
(c)
"Family stabilization plan" means a plan developed by a case manager
and the participant, which identifies the participant's most appropriate path
to unsubsidized employment, family stability, and barrier reduction, taking
into account the family's circumstances.
(d)
"Family stabilization services" means programs, activities, and
services in this section that provide participants and their family members
with assistance regarding, but not limited to:
(1)
obtaining and retaining unsubsidized employment;
(2)
family stability;
(3)
economic stability; and
(4)
barrier reduction.
The
goal of the services is to achieve the greatest degree of economic
self-sufficiency and family well-being possible for the family under the
circumstances.
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Subd. 3. Eligibility. (a) The following MFIP or diversionary work
program (DWP) participants are eligible for the services under this section:
(1) a participant who meets
the requirements for or has been granted a hardship extension under section
256J.425, subdivision 2 or 3, except that it is not necessary for the
participant to have reached or be approaching 60 months of eligibility for this
section to apply;
(2) a participant who is
applying for supplemental security income or Social Security disability
insurance; and
(3) a participant who is a
noncitizen who has been in the United States for 12 or fewer months.
(b) Families must meet all
other eligibility requirements for MFIP established in this chapter. Families
are eligible for financial assistance to the same extent as if they were
participating in MFIP.
(c) A participant under
paragraph (a), clause (5), must be provided with English as a second language
opportunities and skills training for up to 12 months. After 12 months, the
case manager and participant must determine whether the participant should
continue with English as a second language classes or skills training, or both,
or if the participant should become an MFIP participant.
Subd. 4. Universal participation. All caregivers must participate
in family stabilization services as defined in subdivision 2.
Subd. 5. Case management; family stabilization plans; coordinated services.
(a) The county agency or employment services provider shall provide family
stabilization services to families through a case management model. A case
manager shall be assigned to each participating family within 30 days after the
family begins to receive financial assistance as a participant of the family
stabilization services. The case manager, with the full involvement of the
participant, shall recommend, and the county agency shall establish and modify
as necessary, a family stabilization plan for each participating family. If a
participant is already assigned to a county case manager or a county-designated
case manager in social services, disability services, or housing services that
case manager already assigned may be the case manager for purposes of these
services.
(b) The family stabilization
plan must include:
(1) each participant's plan
for long-term self-sufficiency, including an employment goal where applicable;
(2) an assessment of each
participant's strengths and barriers, and any special circumstances of the
participant's family that impact, or are likely to impact, the participant's
progress towards the goals in the plan; and
(3) an identification of the
services, supports, education, training, and accommodations needed to reduce or
overcome any barriers to enable the family to achieve self-sufficiency and to
fulfill each caregiver's personal and family responsibilities.
(c) The case manager and the
participant shall meet within 30 days of the family's referral to the case
manager. The initial family stabilization plan must be completed within 30 days
of the first meeting with the case manager. The case manager shall establish a
schedule for periodic review of the family stabilization plan that includes
personal contact with the participant at least once per month. In addition, the
case manager shall review and, if necessary, modify the plan under the
following circumstances:
(1) there is a lack of
satisfactory progress in achieving the goals of the plan;
(2) the participant has lost
unsubsidized or subsidized employment;
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(3) a family member has
failed or is unable to comply with a family stabilization plan requirement;
(4) services, supports, or
other activities required by the plan are unavailable;
(5) changes to the plan are
needed to promote the well-being of the children; or
(6) the participant and case
manager determine that the plan is no longer appropriate for any other reason.
Subd. 6. Cooperation with services requirements. (a) To be
eligible, a participant shall comply with paragraphs (b) to (d).
(b) Participants shall
engage in family stabilization plan services for the appropriate number of
hours per week that the activities are scheduled and available, unless good
cause exists for not doing so, as defined in section 256J.57, subdivision 1.
The appropriate number of hours must be based on the participant's plan.
(c) The case manager shall
review the participant's progress toward the goals in the family stabilization
plan every six months to determine whether conditions have changed, including
whether revisions to the plan are needed.
(d) A participant's
requirement to comply with any or all family stabilization plan requirements
under this subdivision is excused when the case management services, training
and educational services, and family support services identified in the
participant's family stabilization plan are unavailable for reasons beyond the
control of the participant, including when money appropriated is not sufficient
to provide the services.
Subd. 7. Sanctions. (a) The financial assistance grant of a participating
family is reduced according to section 256J.46, if a participating adult fails
without good cause to comply or continue to comply with the family
stabilization plan requirements in this subdivision, unless compliance has been
excused under subdivision 6, paragraph (e).
(b) Given the purpose of the
family stabilization services in this section and the nature of the underlying
family circumstances that act as barriers to both employment and full
compliance with program requirements, sanctions are appropriate only when it is
clear that there is both the ability to comply and willful noncompliance by the
participant, as confirmed by a behavioral health or medical professional.
(c) Prior to the imposition
of a sanction, the county agency or employment services provider shall review
the participant's case to determine if the family stabilization plan is still
appropriate and meet with the participant face-to-face. The participant may
bring an advocate to the face-to-face meeting.
During the face-to-face
meeting, the county agency shall:
(1) determine whether the
continued noncompliance can be explained and mitigated by providing a needed
family stabilization service, as defined in subdivision 2, paragraph (d);
(2) determine whether the
participant qualifies for a good cause exception under section 256J.57, or if
the sanction is for noncooperation with child support requirements, determine
if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10;
(3) determine whether
activities in the family stabilization plan are appropriate based on the
family's circumstances;
(4) explain the consequences
of continuing noncompliance;
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(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.
If
the lack of an identified activity or service can explain the noncompliance,
the county shall work with the participant to provide the identified activity.
(d)
If the participant fails to come to the face-to-face meeting, the case manager
or a designee shall attempt at least one home visit. If a face-to-face meeting is
not conducted, the county agency shall send the participant a written notice
that includes the information under paragraph (c).
(e)
After the requirements of paragraphs (c) and (d) are met and prior to
imposition of a sanction, the county agency shall provide a notice of intent to
sanction under section 256J.57, subdivision 2, and, when applicable, a notice
of adverse action under section 256J.31.
(f)
Section 256J.57 applies to this section except to the extent that it is
modified by this subdivision.
Subd.
8. Funding. (a) The commissioner
of human services shall treat MFIP expenditures made to or on behalf of any
minor child under this section, who is part of a household that meets criteria
in subdivision 3, as expenditures under a separately funded state program.
These expenditures shall not count toward the state's maintenance of effort
requirements under the federal TANF program.
(b)
A family is no longer part of a separately funded program under this section if
the caregiver no longer meets the criteria for family stabilization services in
subdivision 3, or if it is determined at recertification that the caregiver is
meeting the federal work participation rate, whichever occurs sooner.
Sec.
42. [256J.621] WORK PARTICIPATION
BONUS.
(a)
Upon exiting the diversionary work program (DWP) or upon terminating MFIP cash
assistance with earnings, a participant who is employed may be eligible for
transitional assistance of $100 per month to assist in meeting the family's
basic needs as the participant continues to move toward self-sufficiency.
(b)
To be eligible for a transitional assistance payment, the participant shall not
receive MFIP cash assistance or diversionary work program assistance during the
month and the participant or participants must meet the following work
requirements:
(1)
if the participant is a single caregiver and has a child under six years of
age, the participant must be employed at least 87 hours per month;
(2)
if the participant is a single caregiver and does not have a child under six
years of age, the participant must be employed at least 130 hours per month; or
(3)
if the household is a two-parent family, at least one of the parents must be
employed an average of at least 130 hours per month.
Whenever
a participant exits the diversionary work program or is terminated from MFIP
cash assistance and meets the other criteria in this section, transitional
assistance is available for up to 24 consecutive months.
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(c)
Expenditures on the program are maintenance of effort state funds for
participants under paragraph (b), clauses (1) and (2). Expenditures for
participants under paragraph (b), clause (3), are nonmaintenance of effort funds.
Months in which a participant receives transitional assistance under this
section do not count toward the participant's MFIP 60-month time limit.
EFFECTIVE DATE. This section is
effective February 1, 2009.
Sec.
43. Minnesota Statutes 2006, section 256J.626, subdivision 1, is amended to
read:
Subdivision
1. Consolidated fund. The
consolidated fund is established to support counties and tribes in meeting
their duties under this chapter. Counties and tribes must use funds from the
consolidated fund to develop programs and services that are designed to improve
participant outcomes as measured in section 256J.751, subdivision 2. Counties
may use the funds for any allowable expenditures under subdivision 2,
including case management. Tribes may use the funds for any allowable
expenditures under subdivision 2, including case management, except
those in subdivision 2, paragraph (a), clauses (1) and (6).
Sec.
44. Minnesota Statutes 2006, section 256J.626, subdivision 2, is amended to
read:
Subd.
2. Allowable expenditures. (a) The
commissioner must restrict expenditures under the consolidated fund to benefits
and services allowed under title IV-A of the federal Social Security Act.
Allowable expenditures under the consolidated fund may include, but are not limited
to:
(1)
short-term, nonrecurring shelter and utility needs that are excluded from the
definition of assistance under Code of Federal Regulations, title 45, section
260.31, for families who meet the residency requirement in section 256J.12,
subdivisions 1 and 1a. Payments under this subdivision are not considered TANF
cash assistance and are not counted towards the 60-month time limit;
(2)
transportation needed to obtain or retain employment or to participate in other
approved work activities or activities under a family stabilization plan;
(3)
direct and administrative costs of staff to deliver employment services for
MFIP oder, the diversionary work program, or the family
stabilization services program; to administer financial assistance,;
and to provide specialized services intended to assist hard-to-employ
participants to transition to work or transition from the family
stabilization services program to MFIP;
(4)
costs of education and training including functional work literacy and English
as a second language;
(5)
cost of work supports including tools, clothing, boots, telephone service, and
other work-related expenses;
(6)
county administrative expenses as defined in Code of Federal Regulations, title
45, section 260(b);
(7)
services to parenting and pregnant teens;
(8)
supported work;
(9)
wage subsidies;
(10)
child care needed for MFIP oder, the diversionary work program,
or the family stabilization services program participants to participate in
social services;
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(11) child care to ensure
that families leaving MFIP or diversionary work program will continue to
receive child care assistance from the time the family no longer qualifies for
transition year child care until an opening occurs under the basic sliding fee
child care program; and
(12) services to help
noncustodial parents who live in Minnesota and have minor children receiving
MFIP or DWP assistance, but do not live in the same household as the child,
obtain or retain employment; and
(13) services to help
families participating in the family stabilization services program achieve the
greatest possible degree of self-sufficiency.
(b) Administrative costs that
are not matched with county funds as provided in subdivision 8 may not exceed
7.5 percent of a county's or 15 percent of a tribe's allocation under this
section. The commissioner shall define administrative costs for purposes of
this subdivision.
(c) The commissioner may
waive the cap on administrative costs for a county or tribe that elects to
provide an approved supported employment, unpaid work, or community work
experience program for a major segment of the county's or tribe's MFIP
population. The county or tribe must apply for the waiver on forms provided by
the commissioner. In no case shall total administrative costs exceed the TANF
limits.
Sec. 45. Minnesota Statutes
2006, section 256J.626, subdivision 3, is amended to read:
Subd. 3. Eligibility for services. Families with
a minor child, a pregnant woman, or a noncustodial parent of a minor child
receiving assistance, with incomes below 200 percent of the federal poverty
guideline for a family of the applicable size, are eligible for services funded
under the consolidated fund. Counties and tribes must give priority to families
currently receiving MFIP oder, the diversionary work program, or
the family stabilization services program, and families at risk of
receiving MFIP or diversionary work program.
Sec. 46. Minnesota Statutes
2006, section 256J.626, subdivision 4, is amended to read:
Subd. 4. County and tribal biennial service
agreements. (a) Effective January 1, 2004, and each two-year period thereafter,
each county and tribe must have in place an approved biennial service agreement
related to the services and programs in this chapter. In counties with a city
of the first class with a population over 300,000, the county must consider a
service agreement that includes a jointly developed plan for the delivery of
employment services with the city. Counties may collaborate to develop
multicounty, multitribal, or regional service agreements.
(b) The service agreements
will be completed in a form prescribed by the commissioner. The agreement must
include:
(1) a statement of the needs
of the service population and strengths and resources in the community;
(2) numerical goals for
participant outcomes measures to be accomplished during the biennial period.
The commissioner may identify outcomes from section 256J.751, subdivision 2, as
core outcomes for all counties and tribes;
(3) strategies the county or
tribe will pursue to achieve the outcome targets. Strategies must include
specification of how funds under this section will be used and may include
community partnerships that will be established or strengthened; and
(4) strategies the county
or tribe will pursue under the family stabilization services program; and
(5) other items prescribed by the
commissioner in consultation with counties and tribes.
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(c)
The commissioner shall provide each county and tribe with information needed to
complete an agreement, including: (1) information on MFIP cases in the county
or tribe; (2) comparisons with the rest of the state; (3) baseline performance
on outcome measures; and (4) promising program practices.
(d)
The service agreement must be submitted to the commissioner by October 15, 2003,
and October 15 of each second year thereafter. The county or tribe must allow a
period of not less than 30 days prior to the submission of the agreement to
solicit comments from the public on the contents of the agreement.
(e)
The commissioner must, within 60 days of receiving each county or tribal
service agreement, inform the county or tribe if the service agreement is
approved. If the service agreement is not approved, the commissioner must
inform the county or tribe of any revisions needed prior to approval.
(f)
The service agreement in this subdivision supersedes the plan requirements of
section 116L.88.
Sec.
47. Minnesota Statutes 2006, section 256J.626, subdivision 5, is amended to
read:
Subd.
5. Innovation projects. Beginning January
1, 2005, no more than $3,000,000 of the funds annually appropriated to the
commissioner for use in the consolidated fund shall be available to the
commissioner for projects testing innovative approaches to improving outcomes
for MFIP participants, family stabilization services participants, and
persons at risk of receiving MFIP as detailed in subdivision 3, and for
providing incentives to counties and tribes that exceed performance.
Projects shall be targeted to geographic areas with poor outcomes as specified
in section 256J.751, subdivision 5, or to subgroups within the MFIP case load
who are experiencing poor outcomes. For purposes of an incentive, a county
or tribe exceeds performance if the county or tribe is above the top of the
county or tribe's annualized range of expected performance on the three-year
self-support index under section 256J.751, subdivision 2, clause (6), and
achieves a 50 percent MFIP participation rate under section 256J.751,
subdivision 2, clause (7), as averaged across the four quarterly measurements
for the most recent year for which the measurements are available.
Sec.
48. Minnesota Statutes 2006, section 256J.626, subdivision 6, is amended to
read:
Subd.
6. Base allocation to counties and
tribes; definitions. (a) For purposes of this section, the following terms
have the meanings given.
(1)
"2002 historic spending base" means the commissioner's determination
of the sum of the reimbursement related to fiscal year 2002 of county or tribal
agency expenditures for the base programs listed in clause (6), items (i)
through (iv), and earnings related to calendar year 2002 in the base program
listed in clause (6), item (v), and the amount of spending in fiscal year 2002
in the base program listed in clause (6), item (vi), issued to or on behalf of
persons residing in the county or tribal service delivery area.
(2)
"Adjusted caseload factor" means a factor weighted:
(i)
47 percent on the MFIP cases in each county at four points in time in the most
recent 12-month period for which data is available multiplied by the county's
caseload difficulty factor; and
(ii)
53 percent on the count of adults on MFIP in each county and tribe at four
points in time in the most recent 12-month period for which data is available
multiplied by the county or tribe's caseload difficulty factor.
(3)
"Caseload difficulty factor" means a factor determined by the
commissioner for each county and tribe based upon the self-support index
described in section 256J.751, subdivision 2, clause (7) (6).
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(4) "Initial
allocation" means the amount potentially available to each county or tribe
based on the formula in paragraphs (b) through (h) and (c).
(5) "Final
allocation" means the amount available to each county or tribe based on
the formula in paragraphs (b) through (h), after adjustment by subdivision 7
and (c).
(6) "Base
programs" means the:
(i) MFIP employment and
training services under Minnesota Statutes 2002, section 256J.62, subdivision
1, in effect June 30, 2002;
(ii) bilingual employment
and training services to refugees under Minnesota Statutes 2002, section
256J.62, subdivision 6, in effect June 30, 2002;
(iii) work literacy language
programs under Minnesota Statutes 2002, section 256J.62, subdivision 7, in
effect June 30, 2002;
(iv) supported work program
authorized in Laws 2001, First Special Session chapter 9, article 17, section
2, in effect June 30, 2002;
(v) administrative aid
program under section 256J.76 in effect December 31, 2002; and
(vi) emergency assistance
program under Minnesota Statutes 2002, section 256J.48, in effect June 30,
2002.
(b) The commissioner shall:
(1) beginning July 1, 2003,
determine the initial allocation of funds available under this section
according to clause (2);
(2) allocate all of the
funds available for the period beginning July 1, 2003, and ending December 31,
2004, to each county or tribe in proportion to the county's or tribe's share of
the statewide 2002 historic spending base;
(3) determine for calendar
year 2005 the initial allocation of funds to be made available under this
section in proportion to the county or tribe's initial allocation for the
period of July 1, 2003, to December 31, 2004;
(4) determine for calendar
year 2006 the initial allocation of funds to be made available under this
section based 90 percent on the proportion of the county or tribe's share of
the statewide 2002 historic spending base and ten percent on the proportion of
the county or tribe's share of the adjusted caseload factor;
(5) determine for calendar
year 2007 the initial allocation of funds to be made available under this
section based 70 percent on the proportion of the county or tribe's share of
the statewide 2002 historic spending base and 30 percent on the proportion of
the county or tribe's share of the adjusted caseload factor; and
(6) determine for calendar
year 2008 and subsequent years the initial allocation of funds to be made
available under this section based 50 percent on the proportion of the county
or tribe's share of the statewide 2002 historic spending base and 50 percent on
the proportion of the county or tribe's share of the adjusted caseload factor.
(c) With the commencement of
a new or expanded tribal TANF program or an agreement under section 256.01,
subdivision 2, paragraph (g), in which some or all of the responsibilities of
particular counties under this section are transferred to a tribe, the commissioner
shall:
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(1) in the case where all
responsibilities under this section are transferred to a tribal program,
determine the percentage of the county's current caseload that is transferring
to a tribal program and adjust the affected county's allocation accordingly;
and
(2) in the case where a
portion of the responsibilities under this section are transferred to a tribal
program, the commissioner shall consult with the affected county or counties to
determine an appropriate adjustment to the allocation.
(d) Effective January 1,
2005, counties and tribes will have their final allocations adjusted based on
the performance provisions of subdivision 7.
Sec. 49. Minnesota Statutes
2006, section 256J.626, subdivision 7, is amended to read:
Subd. 7. Performance base funds. (a) Beginning
calendar year 2005, each county and tribe will be allocated 95 97.5 percent
of their initial calendar year allocation. Counties and tribes will be allocated
additional funds based on performance as follows:
(1) for calendar year 2005,
a county or tribe that achieves a 30 percent rate or higher on the MFIP
participation rate under section 256J.751, subdivision 2, clause (8), as
averaged across the four quarterly measurements for the most recent year for
which the measurements are available, will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
(2) for calendar year 2006,
a county or tribe that achieves a 40 percent rate or a five percentage point
improvement over the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four quarterly
measurements for the most recent year for which the measurements are available,
will receive an additional allocation equal to 2.5 percent of its initial
allocation; and
(3) for calendar year 2007,
a county or tribe that achieves a 50 percent rate or a five percentage point
improvement over the previous year's MFIP participation rate under section
256J.751, subdivision 2, clause (8), as averaged across the four quarterly
measurements for the most recent year for which the measurements are available,
will receive an additional allocation equal to 2.5 percent of its initial allocation;
and
(4) for calendar year 2008
and yearly thereafter, a county or tribe that achieves a 50 percent MFIP
participation rate under section 256J.751, subdivision 2, clause (8), as
averaged across the four quarterly measurements for the most recent year for
which the measurements are available, will receive an additional allocation
equal to 2.5 1.25 percent of its initial allocation; and
(5) for calendar years 2005
and thereafter, a county or tribe that performs above the top of its annualized
range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (7), will receive an additional
allocation equal to five 2.5 percent of its initial allocation;
or
(6) for calendar years 2005
and thereafter, a county or tribe that performs within its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (7), will receive an additional allocation
equal to 2.5 1.25 percent of its initial allocation.
(b) Performance-based funds
for a federally approved tribal TANF program in which the state and tribe have
in place a contract under section 256.01, addressing consolidated funding, will
be allocated as follows:
(1) for calendar year 2006
and yearly thereafter, a tribe that achieves the participation rate approved in
its federal TANF plan using the average of four quarterly measurements for the
most recent year for which the measurements are available, will receive an
additional allocation equal to 2.5 1.25 percent of its initial
allocation; and
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(2) for calendar years 2006
and thereafter, a tribe that performs above the top of its annualized range of
expected performance on the three-year self-support index under section
256J.751, subdivision 2, clause (7), will receive an additional allocation
equal to five 2.5 percent of its initial allocation; or
(3) for calendar years 2006
and thereafter, a tribe that performs within its range of expected performance
on the annualized three-year self-support index under section 256J.751,
subdivision 2, clause (7), will receive an additional allocation equal to 2.5
1.25 percent of its initial allocation.
(c) Funds remaining
unallocated after the performance-based allocations in paragraph (a) are
available to the commissioner for innovation projects under subdivision 5.
(d)(1) If available funds
are insufficient to meet county and tribal allocations under paragraph (a), the
commissioner may make available for allocation funds that are unobligated and
available from the innovation projects through the end of the current biennium.
(2) If after the application
of clause (1) funds remain insufficient to meet county and tribal allocations
under paragraph (a), the commissioner must proportionally reduce the allocation
of each county and tribe with respect to their maximum allocation available
under paragraph (a).
Sec. 50. Minnesota Statutes
2006, section 256J.751, subdivision 2, is amended to read:
Subd. 2. Quarterly comparison report. The
commissioner shall report quarterly to all counties on each county's
performance on the following measures:
(1) percent of MFIP caseload
working in paid employment;
(2) percent of MFIP caseload
receiving only the food portion of assistance;
(3) number of MFIP cases
that have left assistance;
(4) median placement wage
rate;
(5) caseload by months of
TANF assistance;
(6) percent of MFIP and
diversionary work program (DWP) cases off cash assistance or working 30 or more
hours per week at one-year, two-year, and three-year follow-up points from a
baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each
county, county grouping, and tribe on the self-support index. The expected
range shall be derived by a statistical methodology developed by the
commissioner in consultation with the counties and tribes. The statistical methodology
shall control differences across counties in economic conditions and
demographics of the MFIP and DWP case load; and
(7) the MFIP TANF
work participation rate, defined as the participation requirements specified in
title 1 of Public Law 104-193 applied to all MFIP cases except child only cases
under Public Law 109-171, the Deficit Reduction Act of 2005.
Sec. 51. Minnesota Statutes
2006, section 256J.751, subdivision 5, is amended to read:
Subd. 5. Failure to meet federal performance
standards. (a) If sanctions occur for failure to meet the performance
standards specified in title 1 of Public Law 104-193 of the Personal
Responsibility and Work Opportunity Act of 1996, and under Public Law
109-171, the Deficit Reduction Act of 2005, the state shall pay 88
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percent of the sanction. The
remaining 12 percent of the sanction will be paid by the counties. The county
portion of the sanction will be distributed across all counties in proportion
to each county's percentage of the MFIP average monthly caseload during the
period for which the sanction was applied.
(b) If a county fails to
meet the performance standards specified in title 1 of Public Law 104-193 of
the Personal Responsibility and Work Opportunity Act of 1996, and Public Law
109-171, the Deficit Reduction Act of 2005, for any year, the commissioner
shall work with counties to organize a joint state-county technical assistance
team to work with the county. The commissioner shall coordinate any technical
assistance with other departments and agencies including the Departments of
Employment and Economic Development and Education as necessary to achieve the
purpose of this paragraph.
(c) For state performance
measures, a low-performing county is one that:
(1) performs below the
bottom of their expected range for the measure in subdivision 2, clause (7)
(6), in an annualized measurement reported in October of each year; or
(2) performs below 40
percent for the measure in subdivision 2, clause (8) (7), as
averaged across the four quarterly measurements for the year, or the ten
counties with the lowest rates if more than ten are below 40 percent.
(d) Low-performing counties
under paragraph (c) must engage in corrective action planning as defined by the
commissioner. The commissioner may coordinate technical assistance as specified
in paragraph (b) for low-performing counties under paragraph (c).
Sec. 52. Minnesota Statutes
2006, section 256J.95, subdivision 3, is amended to read:
Subd. 3. Eligibility for diversionary work program.
(a) Except for the categories of family units listed below, all family units
who apply for cash benefits and who meet MFIP eligibility as required in
sections 256J.11 to 256J.15 are eligible and must participate in the
diversionary work program. Family units that are not eligible for the
diversionary work program include:
(1) child only cases;
(2) a single-parent family
unit that includes a child under 12 weeks of age. A parent is eligible for this
exception once in a parent's lifetime and is not eligible if the parent has
already used the previously allowed child under age one exemption from MFIP
employment services;
(3) a minor parent without a
high school diploma or its equivalent;
(4) an 18- or 19-year-old
caregiver without a high school diploma or its equivalent who chooses to have
an employment plan with an education option;
(5) a caregiver age 60 or
over;
(6) family units with a
caregiver who received DWP benefits in the 12 months prior to the month the
family applied for DWP, except as provided in paragraph (c);
(7) family units with a
caregiver who received MFIP within the 12 months prior to the month the family
unit applied for DWP;
(8) a family unit with a
caregiver who received 60 or more months of TANF assistance; and
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(9) a family unit with a
caregiver who is disqualified from DWP or MFIP due to fraud.; and
(10) refugees as defined in
Code of Federal Regulations, title 45, chapter IV, section 444.43, who arrived
in the United States in the 12 months prior to the date of application for
family cash assistance.
(b) A two-parent family must
participate in DWP unless both caregivers meet the criteria for an exception
under paragraph (a), clauses (1) through (5), or the family unit includes a
parent who meets the criteria in paragraph (a), clause (6), (7), (8), or (9).
(c) Once DWP eligibility is
determined, the four months run consecutively. If a participant leaves the
program for any reason and reapplies during the four-month period, the county
must redetermine eligibility for DWP.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes
2006, section 256K.45, is amended by adding a subdivision to read:
Subd. 6. Funding. Any funds appropriated for this section may be
expended on programs described under subdivisions 3 to 5, technical assistance,
and capacity building. Up to four percent of funds appropriated may be used for
the purpose of monitoring and evaluating runaway and homeless youth programs
receiving funding under this section. Funding shall be directed to meet the
greatest need, with a significant share of the funding focused on homeless
youth providers in greater Minnesota.
Sec. 54. Minnesota Statutes
2006, section 259.67, subdivision 4, is amended to read:
Subd. 4. Eligibility conditions. (a) The placing
agency shall use the AFDC requirements as specified in federal law as of July
16, 1996, when determining the child's eligibility for adoption assistance
under title IV-E of the Social Security Act. If the child does not qualify, the
placing agency shall certify a child as eligible for state funded adoption
assistance only if the following criteria are met:
(1) Due to the child's
characteristics or circumstances it would be difficult to provide the child an
adoptive home without adoption assistance.
(2)(i) A placement agency
has made reasonable efforts to place the child for adoption without adoption
assistance, but has been unsuccessful; or
(ii) the child's licensed
foster parents desire to adopt the child and it is determined by the placing
agency that the adoption is in the best interest of the child.
(3)(i) The child has
been a ward of the commissioner, a Minnesota-licensed child-placing agency, or
a tribal social service agency of Minnesota recognized by the Secretary of the
Interior; or (ii) the child will be adopted according to tribal law without
a termination of parental rights or relinquishment, provided that the tribe has
documented the valid reason why the child cannot or should not be returned to
the home of the child's parent. The placing agency shall not certify a
child who remains under the jurisdiction of the sending agency pursuant to
section 260.851, article 5, for state-funded adoption assistance when Minnesota
is the receiving state.
(b) For purposes of this
subdivision, the characteristics or circumstances that may be considered in
determining whether a child is a child with special needs under United States
Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of
paragraph (a), clause (1), are the following:
(1) The child is a member of
a sibling group to be placed as one unit in which at least one sibling is older
than 15 months of age or is described in clause (2) or (3).
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(2)
The child has documented physical, mental, emotional, or behavioral
disabilities.
(3)
The child has a high risk of developing physical, mental, emotional, or
behavioral disabilities.
(4)
The child is adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid
reason why the child cannot or should not be returned to the home of the
child's parent.
(4)
The child is five years of age or older.
(c)
When a child's eligibility for adoption assistance is based upon the high risk
of developing physical, mental, emotional, or behavioral disabilities, payments
shall not be made under the adoption assistance agreement unless and until the
potential disability manifests itself as documented by an appropriate health
care professional.
Sec.
55. Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to
read:
Subdivision
1. Disclosure to commissioner of human
services. (a) On the request of the commissioner of human services, the
commissioner shall disclose return information regarding taxes imposed by
chapter 290, and claims for refunds under chapter 290A, to the extent provided
in paragraph (b) and for the purposes set forth in paragraph (c).
(b)
Data that may be disclosed are limited to data relating to the identity,
whereabouts, employment, income, and property of a person owing or alleged to
be owing an obligation of child support.
(c)
The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the
location of parents who have, or appear to have, deserted their children. Data
received may be used only as set forth in section 256.978.
(d)
The commissioner shall provide the records and information necessary to
administer the supplemental housing allowance to the commissioner of human
services.
(e)
At the request of the commissioner of human services, the commissioner of
revenue shall electronically match the Social Security numbers and names of
participants in the telephone assistance plan operated under sections 237.69 to
237.711, with those of property tax refund filers, and determine whether each
participant's household income is within the eligibility standards for the
telephone assistance plan.
(f)
The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the
Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991,
Public Law 102-234. Upon the written agreement by the United States Department
of Health and Human Services to maintain the confidentiality of the data, the
commissioner may provide records and information collected under sections
295.50 to 295.59 to the Centers for Medicare and Medicaid Services section of
the United States Department of Health and Human Services for purposes of
meeting federal reporting requirements.
(g)
The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax
credits.
(h)
The commissioner may disclose information to the commissioner of human services
necessary to verify income for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2.
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(i) The commissioner may
disclose information to the commissioner of human services necessary to verify
whether applicants or recipients for the Minnesota family investment program,
general assistance, food support, and Minnesota supplemental aid program,
and child care assistance have claimed refundable tax credits under chapter
290 and the property tax refund under chapter 290A, and the amounts of the
credits.
Sec. 56. MFIP PILOT PROGRAM; WORKFORCE U.
Subdivision 1. Establishment. A pilot program is established in Stearns
and Benton Counties to expand the Workforce U program administered by the
Stearns-Benton Employment and Training Council.
Subd. 2. Evaluation. The Workforce U pilot program must be
evaluated by a research and evaluation organization with experience evaluating
welfare programs. The evaluation must include information on the total number
of persons served, percentage of participants exiting the program, percentage
of former participants reentering the program, average wages of program
participants, and recommendations to the legislature for possible statewide
implementation of the program. The evaluation must be presented to the
legislature by February 15, 2011.
Subd. 3. Expiration. The Workforce U pilot program expires on June
30, 2011.
Sec. 57. LEECH LAKE YOUTH TREATMENT CENTER
PROPOSAL.
(a) The commissioner of
human services shall provide a planning grant to address the unmet need for
local, effective, culturally relevant alcohol and drug treatment for American
Indian youth, and develop a plan for a family-based youth treatment center in
the Leech Lake area. The planning grant must be provided to a volunteer board
consisting of at least four members appointed by the commissioner, to include
at least the following:
(1) two members of the Leech
Lake Tribal Council or their designees;
(2) one member appointed by
the Cass County Social Services administrator; and
(3) one member appointed by
the Cass Lake-Bena Public School superintendent.
(b) The plan must include:
(1) an interest,
feasibility, and suitability of location study;
(2) defining scope of
programs and services to be offered;
(3) defining site use limitations
and restrictions, including physical and capacity;
(4) defining facilities
required for programs and services offered;
(5) identifying partners,
partnership roles, and partner resources;
(6) developing proposed
operating and maintenance budgets;
(7) identifying funding
sources;
(8) developing a long-term
funding plan; and
(9) developing a formal
steering committee, structure, and bylaws.
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(c) The plan is due to the
legislative committees having jurisdiction over chemical health issues no later
than September 2008 in order to provide the 12 months necessary to complete the
plan.
Sec. 58. MINNESOTA FOOD SUPPORT PROGRAM
SIMPLIFIED APPLICATION.
The commissioner of human
services shall implement a simplified application form and process for the food
support program by January 1, 2008. The commissioner shall consult with
counties and representatives of persons served by the program to develop the
simplified application form and process. The application process shall:
(1) include a simple, short
form that can be completed by individuals with limited literacy skills;
(2) include an application
form for individuals without dependents;
(3) include a process that
does not require individuals to take time off work for a face-to-face
interview; and
(4) minimize demands on
county staff in assisting applicants.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 59. INSPECTION OF LEGAL UNLICENSED CHILD
CARE PROVIDERS.
The commissioner of human
services, in consultation with the commissioner of health and the counties,
shall develop and present recommendations to the legislature in January 2008 in
order for each legally unlicensed child care provider receiving child care
assistance funds to receive a onetime home visit to receive information on
health and safety, and school readiness.
Sec. 60. COMMISSIONER OF HUMAN SERVICES DUTIES;
EARLY CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT TRAINING.
Subdivision 1. Development and implementation of an early childhood and school-age
professional development system. (a) The commissioner of human
services, in cooperation with the commissioners of education and health, shall
develop and phase-in the implementation of a professional development system
for practitioners serving children in early childhood and school-age programs.
The system shall provide training options and supports for practitioners to
voluntarily choose, as they complete or exceed existing licensing requirements.
The system must, at a
minimum, include the following features:
(1) a continuum of training
content based on the early childhood and school-age care practitioner core
competencies that translates knowledge into improved practice to support
children's school success;
(2) training strategies that
provide direct feedback about practice to practitioners through ongoing
consultation, mentoring, or coaching with special emphasis on early literacy
and early mathematics;
(3) an approval process for
trainers;
(4) a professional
development registry for early childhood and school-age care practitioners that
will provide tracking and recognition of practitioner training/career
development progress;
(5) a career lattice that
includes a range of professional development and educational opportunities that
provide appropriate coursework and degree pathways;
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(6) development of a plan
with public higher education institutions for an articulated system of
education, training, and professional development that includes credit for
prior learning and development of equivalences to two- and four-year degrees;
(7) incentives and supports
for early childhood and school-age care practitioners to seek additional
training and education, including TEACH, other scholarships, and career
guidance; and
(8) coordinated and
accessible delivery of training to early childhood and school-age care
practitioners.
(b) By January 1, 2008, the
commissioner, in consultation with the organizations named in subdivision 2
shall develop additional opportunities in order to qualify more licensed family
child care providers under section 119B.13, subdivision 3a.
(c) The commissioner of
human services must evaluate the professional development system and make
continuous improvements.
(d) Beginning July 1, 2007,
as appropriations permit, the commissioner shall phase-in the professional
development system.
Subd. 2. Two-hour early childhood training. By January 15, 2008,
the commissioner of human services, with input from the Minnesota Licensed
Family Child Care Association and the Minnesota Professional Development
Council, shall identify trainings that qualify for the two-hour early childhood
development training requirement for new child care practitioners under
Minnesota Statutes, section 245A.14, subdivision 9a, paragraphs (a) and (b).
For licensed family child care, the commissioner shall also seek the input of
labor unions that serve licensed family child care providers, if the union has
been recognized by a county to serve licensed family child care providers.
Sec. 61. SCHOOL READINESS SERVICE AGREEMENTS.
Subdivision 1. Overview. (a) Effective July 1, 2007, funds must be made
available to allow the commissioner to pay higher rates to up to 50 child care
providers who are deemed by the commissioner to meet the requirements of a
school readiness service agreement (SRSA) provider and perform services that
support school readiness for children and economic stability for parents. The
commissioner shall annually earmark a proportionate amount of the funds under
this section for family child care providers meeting the requirements under
subdivision 2. If, after a reasonable amount of time to allow family child care
providers to enter into agreements under this section, the earmarked funds have
not been disbursed, the commissioner may make the funds available to other
eligible providers.
(b) A provider may be paid a
rate above that currently allowed under Minnesota Statutes, section 119B.13,
if:
(1) the provider has entered
into an SRSA with the commissioner;
(2) a family using that
provider receives child care assistance under any provision in Minnesota
Statutes, chapter 119B, except Minnesota Statutes, section 119B.035;
(3) the family using that
provider meets the criteria in this section; and
(4) funding is available
under this section.
Subd. 2. Provider eligibility. (a) To be considered for an SRSA, a
provider shall apply to the commissioner. To be eligible to apply for an SRSA,
a provider shall:
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(1) be eligible for child
care assistance payments under Minnesota Statutes, chapter 119B;
(2) have at least 25 percent
of the children enrolled with the provider subsidized through the child care
assistance program;
(3) provide full-time,
full-year child care services; and
(4) serve at least one child
who is subsidized through the child care assistance program and who is expected
to enter kindergarten within the following 30 months.
(b) The commissioner may waive
the 25 percent requirement in paragraph (a), clause (2), if necessary to
achieve geographic distribution of SRSA providers and diversity of types of
care provided by SRSA providers.
(c) An eligible provider who
would like to enter into an SRSA with the commissioner shall submit an SRSA
application. To determine whether to enter into an SRSA with a provider, the
commissioner shall evaluate the following factors:
(1) the qualifications of
the provider and the provider's staff;
(2) the provider's
staff-child ratios;
(3) the provider's
curriculum;
(4) the provider's current
or planned parent education activities;
(5) the provider's current
or planned social service and employment linkages;
(6) the provider's child
development assessment plan;
(7) the geographic
distribution needed for SRSA providers;
(8) the inclusion of a
variety of child care delivery models; and
(9) other related factors
determined by the commissioner.
Subd. 3. Family and child eligibility. (a) A family eligible to
choose an SRSA provider for their children shall:
(1) be eligible to receive
child care assistance under any provision in Minnesota Statutes, chapter 119B,
except Minnesota Statutes, section 119B.035;
(2) be in an authorized
activity for an average of at least 35 hours per week when initial eligibility
is determined; and
(3) include a child who has
not yet entered kindergarten.
(b) A family who is
determined to be eligible to choose an SRSA provider remains eligible to be
paid at a higher rate through the SRSA provider when the following conditions
exist:
(1) the child attends child
care with the SRSA provider a minimum of 25 hours per week, on average;
(2) the family has a child
who has not yet entered kindergarten; and
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(3)
the family maintains eligibility under Minnesota Statutes, chapter 119B, except
Minnesota Statutes, section 119B.035.
(c)
For the 12 months after initial eligibility has been determined, a decrease in
the family's authorized activities to an average of less than 35 hours per week
does not result in ineligibility for the SRSA rate.
(d)
A family that moves between counties but continues to use the same SRSA
provider shall continue to receive SRSA funding for the increased payments.
Subd.
4. Requirements of providers. An
SRSA must include assessment, evaluation, and reporting requirements that
promote the goals of improved school readiness and movement toward appropriate
child development milestones. A provider who enters into an SRSA shall comply
with the assessment, evaluation, and reporting requirements in the SRSA.
Subd.
5. Relationship to current law. (a)
The following provisions in Minnesota Statutes, chapter 119B, must be waived or
modified for families receiving services under this section.
(b)
Notwithstanding Minnesota Statutes, section 119B.13, subdivisions 1 and 1a,
maximum weekly rates under this section are 125 percent of the existing maximum
weekly rate for like-care. Providers eligible for a differential rate under
Minnesota Statutes, section 119B.13, subdivision 3a, remain eligible for the
differential above the rate identified in this section. Only care for children
who have not yet entered kindergarten may be paid at the maximum rate under
this section. The provider's charge for service provided through an SRSA may
not exceed the rate that the provider charges a private-pay family for
like-care arrangements.
(c)
A family or child care provider may not be assessed an overpayment for care
provided through an SRSA unless:
(1)
there was an error in the amount of care authorized for the family; or
(2)
the family or provider did not timely report a change as required under the
law.
(d)
Care provided through an SRSA is authorized on a weekly basis.
(e)
Funds appropriated under this section to serve families eligible under
Minnesota Statutes, section 119B.03, are not allocated through the basic sliding
fee formula under Minnesota Statutes, section 119B.03. Funds appropriated under
this section are used to offset increased costs when payments are made under
SRSA's.
(f)
Notwithstanding Minnesota Statutes, section 119B.09, subdivision 6, the maximum
amount of child care assistance that may be authorized for a child receiving
care through an SRSA in a two-week period is 160 hours per child.
Subd.
6. Establishment of service agreements.
(a) The commissioner shall approve SRSA's for up to 50 providers that
represent diverse parts of the state and a variety of child care delivery
models. Entering into a service agreement does not guarantee that a provider
will receive payment at a higher rate for families receiving child care
assistance. A family eligible under this section shall choose a provider
participating in an SRSA in order for a higher rate to be paid. Payments
through SRSA's are also limited by the availability of SRSA funds.
(b)
Nothing in this section shall be construed to limit parent choice as defined in
Minnesota Statutes, section 119B.09, subdivision 5.
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(c) The commissioner may
allow for startup time for some providers if failing to do so would limit
geographic diversity of SRSA providers or a variety of child care delivery
models.
Sec. 62. FAMILY, FRIEND, AND NEIGHBOR GRANT
PROGRAM.
Subdivision 1. Establishment. A family, friend, and neighbor (FFN) grant
program is established to promote children's early literacy, healthy
development, and school readiness, and to foster community partnerships to
promote children's school readiness. The commissioner shall attempt to ensure
that grants are made in all areas of the state. The commissioner of human
services shall make grants available to fund: community-based organizations,
nonprofit organizations, and Indian tribes working with FFN caregivers under
subdivision 2, paragraph (a); and community-based partnerships to implement early
literacy programs under subdivision 2, paragraph (b).
Subd. 2. Program components. (a)(1) Grants that the commissioner
awards under this section must be used by community-based organizations,
nonprofit organizations, and Indian tribes working with FFN caregivers in local
communities, cultural communities, and Indian tribes to:
(i) provide training,
support, and resources to FFN caregivers in order to improve and promote
children's health, safety, nutrition, and school readiness;
(ii) connect FFN caregivers
and children's families with appropriate community resources that support the
families' health, mental health, economic, and developmental needs;
(iii) connect FFN caregivers
and children's families to early childhood screening programs and facilitate
referrals where appropriate;
(iv) provide FFN caregivers
and children's families with information about early learning guidelines from
the Departments of Human Services and Education;
(v) provide FFN caregivers and
children's families with information about becoming a licensed family child
care provider; and
(vi) provide FFN caregivers
and children's families with information about early learning allowances and
enrollment opportunities in high quality community-based child-care and
preschool programs.
(2) Grants that the
commissioner awards under this paragraph also may be used for:
(i) health and safety and
early learning kits for FFN caregivers;
(ii) play-and-learn groups
with FFN caregivers;
(iii) culturally appropriate
early childhood training for FFN caregivers;
(iv) transportation for FFN
caregivers and children's families to school readiness and other early
childhood training activities;
(v) other activities that
promote school readiness;
(vi) data collection and
evaluation;
(vii) staff outreach and
outreach activities;
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(viii) translation needs; or
(ix) administrative costs that
equal up to 12 percent of the recipient's grant award.
(b) Grants that the
commissioner awards under this section also must be used to fund partnerships
among Minnesota public and regional library systems, community-based
organizations, nonprofit organizations, and Indian tribes to implement early
literacy programs in low-income communities, including tribal communities, to:
(1) purchase and equip early
childhood read-mobiles that provide FFN caregivers and children's families with
books, training, and early literacy activities;
(2) provide FFN caregivers
and children's families with translations of early childhood books, training,
and early literacy activities in native languages; or
(3) provide FFN caregivers
and children's families with early literacy activities in local libraries.
Subd. 3. Grant awards. Interested entities eligible to receive a
grant under this section may apply to the commissioner in the form and manner
the commissioner determines. The commissioner shall awards grants to eligible
entities consistent with the requirements of this section.
Subd. 4. Evaluation. The commissioner, in consultation with early
childhood care and education experts at the University of Minnesota, must
evaluate the impact of the grants under subdivision 2 on children's school
readiness and submit a written report to the human services and education
finance and policy committees of the legislature by February 15, 2010.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 63. CHILD CARE PROVIDER STUDY.
If sufficient resources to
support the costs are provided by one or more governmental entities, the
commissioner of human services is directed to study the implications of
restricting the use of state subsidies in center-based child care to centers
meeting state quality standards under Minnesota Statutes, section 124D.175,
paragraph (c), and to publish the results no later than January 1, 2010. The
study must include:
(1) the likelihood of there
being sufficient child care providers meeting the standards;
(2) the cost to bring
providers up to the standards and how this cost would be funded;
(3) how the standards and
the ratings would be communicated to both parents and the general public; and
(4) a determination whether
a similar system could be implemented for non-center-based care.
Sec. 64. DIRECTION TO COMMISSIONER.
(a) The commissioner of
human services shall offer a request for proposals to identify a research and
evaluation firm with experience working with:
(1) homeless youth
providers;
(2) data; and
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(3)
the topics of housing, homelessness, and a continuum of care for youth.
(b)
The research and evaluation firm identified under paragraph (a) shall monitor
and evaluate the programs receiving funding under Minnesota Statutes, section
256K.45.
Sec.
65. NOT ASSESSING TANF PENALTIES
AGAINST COUNTIES.
From
October 2006 through October 2007, if the state does not meet the federal work
participation requirements, and the state is penalized by a reduction in the
TANF grant, the state shall not assess penalties against the counties.
Sec.
66. REPEALER.
(a)
Minnesota Statutes 2006, sections 119B.08, subdivision 4; 256J.24, subdivision
6; 256J.29; 256J.37, subdivision 3b; and 256J.626, subdivision 9, are repealed.
(b)
Laws 1997, chapter 8, section 1, is repealed.
(c)
Minnesota Rules, part 9560.0102, subpart 2, item C, is repealed.
ARTICLE
3
LICENSING
Section
1. Minnesota Statutes 2006, section 245A.035, is amended to read:
245A.035
RELATIVE FOSTER CARE; UNLICENSED EMERGENCY LICENSE
RELATIVE PLACEMENT.
Subdivision
1. Grant of Emergency license
placement. Notwithstanding section 245A.03, subdivision 2a, or 245C.13,
subdivision 2, a county agency may place a child for foster care with a
relative who is not licensed to provide foster care, provided the requirements
of subdivision 2 this section are met. As used in this section,
the term "relative" has the meaning given it under section 260C.007,
subdivision 27.
Subd.
2. Cooperation with emergency licensing
placement process. (a) A county agency that places a child with a
relative who is not licensed to provide foster care must begin the process
of securing an emergency license for the relative as soon as possible and must
conduct the initial inspection required by subdivision 3, clause (1), whenever
possible, prior to placing the child in the relative's home, but no later than
three working days after placing the child in the home. A child placed in the
home of a relative who is not licensed to provide foster care must be removed
from that home if the relative fails to cooperate with the county agency in
securing an emergency foster care license. The commissioner may issue an
emergency foster care license to a relative with whom the county agency wishes
to place or has placed a child for foster care, or to a relative with whom a
child has been placed by court order.
(b)
If a child is to be placed in the home of a relative not licensed to provide
foster care, either the placing agency or the county agency in the county in
which the relative lives shall conduct the emergency licensing
placement process as required in this section.
Subd.
3. Requirements for emergency license
placement. Before an emergency license placement may be issued
made, the following requirements must be met:
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(1)
the county agency must conduct an initial inspection of the premises where the foster
care placement is to be provided made to ensure the
health and safety of any child placed in the home. The county agency shall
conduct the inspection using a form developed by the commissioner;
(2)
at the time of the inspection or placement, whichever is earlier, the county
agency must provide the relative being considered for an emergency license
shall receive placement an application form for a child foster care
license;
(3)
whenever possible, prior to placing the child in the relative's home, the
relative being considered for an emergency license placement
shall provide the information required by section 245C.05; and
(4)
if the county determines, prior to the issuance of an emergency license
placement, that anyone requiring a background study may be prior
to licensure of the home is disqualified under section 245C.14 and
chapter 245C, and the disqualification is one which the commissioner cannot set
aside, an emergency license shall placement must not be issued
made.
Subd.
4. Applicant study. When the county
agency has received the information required by section 245C.05, the county
agency shall begin an applicant study according to the procedures in chapter
245C. The commissioner may issue an emergency license upon recommendation of
the county agency once the initial inspection has been successfully completed
and the information necessary to begin the applicant background study has been
provided. If the county agency does not recommend that the emergency license be
granted, the agency shall notify the relative in writing that the agency is
recommending denial to the commissioner; shall remove any child who has been
placed in the home prior to licensure; and shall inform the relative in writing
of the procedure to request review pursuant to subdivision 6. An emergency
license shall be effective until a child foster care license is granted or
denied, but shall in no case remain in effect more than 120 days from the date
of placement submit the information to the commissioner according to
section 245C.05.
Subd.
5. Child foster care license
application. (a) The relatives with whom the emergency license
holder placement has been made shall complete the child foster care
license application and necessary paperwork within ten days of the placement.
The county agency shall assist the emergency license holder applicant
to complete the application. The granting of a child foster care license to a
relative shall be under the procedures in this chapter and according to the
standards set forth by foster care rule in Minnesota Rules, chapter
2960. In licensing a relative, the commissioner shall consider the
importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether to a background study
disqualification should be set aside a licensing disqualifier under
section 245C.22, or to grant a variance of licensing requirements
should be granted under sections 245C.21 to 245C.27 section
245C.30.
(b)
When the county or private child-placing agency is processing an application
for child foster care licensure of a relative as defined in section 260B.007,
subdivision 12, or 260C.007, subdivision 27, the county agency or child-placing
agency must explain the licensing process to the prospective licensee,
including the background study process and the procedure for reconsideration of
an initial disqualification for licensure. The county or private child-placing
agency must also provide the prospective relative licensee with information
regarding appropriate options for legal representation in the pertinent
geographic area. If a relative is initially disqualified under section 245C.14,
the county or child-placing agency commissioner must provide
written notice of the reasons for the disqualification and the right to request
a reconsideration by the commissioner as required under section 245C.17.
(c)
The commissioner shall maintain licensing data so that activities related to
applications and licensing actions for relative foster care providers may be
distinguished from other child foster care settings.
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Subd.
6. Denial of emergency license. If
the commissioner denies an application for an emergency foster care license
under this section, that denial must be in writing and must include reasons for
the denial. Denial of an emergency license is not subject to appeal under
chapter 14. The relative may request a review of the denial by submitting to
the commissioner a written statement of the reasons an emergency license should
be granted. The commissioner shall evaluate the request for review and
determine whether to grant the emergency license. The commissioner's review
shall be based on a review of the records submitted by the county agency and
the relative. Within 15 working days of the receipt of the request for review,
the commissioner shall notify the relative requesting review in written form
whether the emergency license will be granted. The commissioner's review shall
be based on a review of the records submitted by the county agency and the
relative. A child shall not be placed or remain placed in the relative's home
while the request for review is pending. Denial of an emergency license shall
not preclude an individual from reapplying for an emergency license or from
applying for a child foster care license. The decision of the commissioner is
the final administrative agency action.
Sec.
2. Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to read:
Subd.
2. County fees for background studies
and licensing inspections. (a) For purposes of family and group family
child care licensing under this chapter, a county agency may charge a fee to
an applicant or license holder to recover the actual cost of background
studies, but in any case not to exceed $100 annually. A county agency may also
charge a license fee to an applicant or license holder to recover
the actual cost of licensing inspections, but in any case not to exceed $150
annually $50 for a one-year license or $100 for a two-year license.
(b)
A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies
completed under section 119B.125, but in any case not to exceed $100 annually.
(c)
Counties may elect to reduce or waive the fees in paragraph (a) or (b):
(1)
in cases of financial hardship;
(2)
if the county has a shortage of providers in the county's area;
(3)
for new providers; or
(4)
for providers who have attained at least 16 hours of training before seeking
initial licensure.
(d)
Counties may allow providers to pay the applicant fees in paragraph (a) or (b)
on an installment basis for up to one year. If the provider is receiving child
care assistance payments from the state, the provider may have the fees under
paragraph (a) or (b) deducted from the child care assistance payments for up to
one year and the state shall reimburse the county for the county fees collected
in this manner.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec.
3. Minnesota Statutes 2006, 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 adult foster care, family adult
day services, and until December 31, 2007, 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:
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(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; and
(6)
the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.
(b)
County agencies must report:
(1) information about
disqualification reconsiderations under sections 245C.25 and 245C.27,
subdivision 2, clauses 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; and.
(2)
for relative child foster care applicants and license holders, the number of
relatives, as defined in section 260C.007, subdivision 27, and household
members of relatives who are disqualified under section 245C.14; the
disqualifying characteristics under section 245C.15; the number of these
individuals who requested reconsideration under section 245C.21; the number of
set-asides under section 245C.22; and variances under section 245C.30 issued.
This information shall be reported to the commissioner annually by January 15
of each year 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.
Sec.
4. Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:
Subd.
3. Recommendations to the commissioner.
The county or private agency shall not make recommendations to the commissioner
regarding licensure without first conducting an inspection, and for adult
foster care, family adult day services, and until December 31, 2007, family
child care, a background study of the applicant, and evaluation pursuant
to under chapter 245C. The county or private agency must forward its
recommendation to the commissioner regarding the appropriate licensing action
within 20 working days of receipt of a completed application.
Sec.
5. Minnesota Statutes 2006, section 245C.02, is amended by adding a subdivision
to read:
Subd.
14a. Private agency. "Private
agency" has the meaning given in section 245A.02, subdivision 12.
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Sec.
6. Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:
Subdivision
1. Licensed programs. (a) The
commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, at least upon application for
initial license for all license types.
(b)
The commissioner shall conduct a background study of an individual required to
be studied under section 245C.03, subdivision 1, at reapplication for a license
for family child care, child foster care, and adult foster care,
family adult day services, and until January 1, 2008, family child care.
(c)
The commissioner is not required to conduct a study of an individual at the
time of reapplication for a license if the individual's background study was
completed by the commissioner of human services for an adult foster care
license holder that is also:
(1)
registered under chapter 144D; or
(2)
licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside
in the foster care residence; and
(3)
the following conditions are met:
(i)
a study of the individual was conducted either at the time of initial licensure
or when the individual became affiliated with the license holder;
(ii)
the individual has been continuously affiliated with the license holder since
the last study was conducted; and
(iii)
the last study of the individual was conducted on or after October 1, 1995.
(d)
From July 1, 2007, to June 30, 2009, the commissioner of human services
shall conduct a study of an individual required to be studied under section
245C.03, at the time of reapplication for a child foster care license. The
county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1, paragraphs (a) and
(b), and 5, paragraphs (a) and (b). The background study conducted by the
commissioner of human services under this paragraph must include a review of
the information required under section 245C.08, subdivisions 1, paragraph (a),
clauses (1) to (5), and 3.
(e)
From January 1, 2008, to December 31, 2009, the commissioner shall conduct a
study of an individual required to be studied under section 245C.03, at the
time of reapplication for a family child care license. The county shall collect
and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The
background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, paragraph (a), clauses (1) to (5), and 3.
(f)
The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a),
clauses (2) to (6), who is newly affiliated with a child foster care license
holder, and beginning January 1, 2008, a family child care license. The county
or private agency shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1 and 5. The background study
conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08,
subdivisions 1, paragraph (a), clauses (1) to (5), and 3.
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(g)
Applicants
for licensure, license holders, and other entities as provided in this chapter
must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions
allowing direct contact in any licensed program.
(e) (h) For purposes of this
section, a physician licensed under chapter 147 is considered to be
continuously affiliated upon the license holder's receipt from the commissioner
of health or human services of the physician's background study results.
Sec.
7. Minnesota Statutes 2006, section 245C.05, subdivision 1, is amended to read:
Subdivision
1. Individual studied. (a) The
individual who is the subject of the background study must provide the
applicant, license holder, or other entity under section 245C.04 with
sufficient information to ensure an accurate study, including:
(1)
the individual's first, middle, and last name and all other names by which the
individual has been known;
(2)
home address, city, and state of residence;
(3)
zip code;
(4)
sex;
(5)
date of birth; and
(6)
Minnesota driver's license number or state identification number.
(b)
Every subject of a background study conducted or initiated by counties
or private agencies under this chapter must also provide the home address,
city, county, and state of residence for the past five years.
(c)
Every subject of a background study related to child foster care licensed
through a private agency, who is 18 years of age or older, shall also provide
the commissioner a signed consent for the release of any information received
from national crime information databases to the private agency that initiated
the background study.
(d)
The subject of a background study shall provide fingerprints as required in
subdivision 5, paragraph (c).
Sec.
8. Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision
to read:
Subd.
2a. County or private agency. For
background studies related to child foster care, and beginning January 1, 2008,
for studies related to family child care, county and private agencies must
collect the information under subdivision 1 and forward it to the commissioner.
Sec.
9. Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:
Subd.
4. Electronic transmission. For
background studies conducted by the Department of Human Services, the
commissioner shall implement a system for the electronic transmission of:
(1)
background study information to the commissioner; and
(2)
background study results to the license holder.; and
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(3) background study results
to county and private agencies for background studies conducted by the
commissioner for child foster care, and beginning January 1, 2008, also for
family child care.
Sec. 10. Minnesota Statutes
2006, 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 law enforcement 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, 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. 11. Minnesota Statutes
2006, section 245C.05, subdivision 7, is amended to read:
Subd. 7. Probation officer and corrections agent.
(a) A probation officer or corrections agent shall notify the commissioner of
an individual's conviction if the individual is:
(1) affiliated with a
program or facility regulated by the Department of Human Services or Department
of Health, a facility serving children or youth licensed by the Department of
Corrections, or any type of home care agency or provider of personal care
assistance services; and
(2) convicted of a crime
constituting a disqualification under section 245C.14.
(b) For the purpose of this
subdivision, "conviction" has the meaning given it in section 609.02,
subdivision 5.
(c) The commissioner, in
consultation with the commissioner of corrections, shall develop forms and
information necessary to implement this subdivision and shall provide the forms
and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.
(d) The commissioner shall
inform individuals subject to a background study that criminal convictions for
disqualifying crimes will be reported to the commissioner by the corrections
system.
(e) A probation officer,
corrections agent, or corrections agency is not civilly or criminally liable
for disclosing or failing to disclose the information required by this
subdivision.
(f) Upon receipt of
disqualifying information, the commissioner shall provide the notice required
under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the
background study status of the individual.
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(g) This subdivision does
not apply to family child care and child foster care programs until
January 1, 2008.
Sec. 12. Minnesota Statutes
2006, section 245C.08, subdivision 1, is amended to read:
Subdivision 1. Background studies conducted by
commissioner of human services. (a) For a background study conducted by the
commissioner, 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 (i);
(2) the commissioner's
records relating to the maltreatment of minors in licensed programs, and from county
agency 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, clauses (2), (5), and (6); and
(4) information from the
Bureau of Criminal Apprehension.;
(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, 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 in for the past five years; and
(ii) information from
national crime information databases, when the background study object 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.
Sec. 13. Minnesota Statutes
2006, section 245C.08, subdivision 2, is amended to read:
Subd. 2. Background studies conducted by a county or
private agency. (a) For a background study conducted by a county or
private agency for child foster care, adult foster care, family
adult day services, and until January 1, 2008, family child care homes
Dienstleistungen, the commissioner shall review:
(1) information from the
county agency's record of substantiated maltreatment of adults and the maltreatment
of minors;
(2) information from
juvenile courts as required in subdivision 4 for individuals listed in section
245C.03, subdivision 1, clauses (2), (5), and (6);
(3) information from the
Bureau of Criminal Apprehension; and
(4) arrest and investigative
records maintained by the Bureau of Criminal Apprehension, county attorneys,
county sheriffs, courts, county agencies, local police, the National Criminal
Records Repository, and criminal records from other states.
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(b)
If the individual has resided in the county for less than five years, the study
shall include the records specified under paragraph (a) for the previous county
or counties of residence for the past five years.
(c)
Notwithstanding expungement by a court, the county or private agency 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.
Sec.
14. Minnesota Statutes 2006, section 245C.10, is amended by adding a
subdivision to read:
Subd.
4. Temporary personnel agencies,
educational programs, and professional services agencies. The commissioner
shall recover the cost of the background studies initiated by temporary
personnel agencies, educational programs, and professional services agencies
that initiate background studies under section 245C.03, subdivision 4, through
a fee of no more than $20 per study charged to the agency. The fees collected
under this subdivision are appropriated to the commissioner for the purpose of
conducting background studies.
Sec.
15. Minnesota Statutes 2006, section 245C.11, subdivision 1, is amended to
read:
Subdivision
1. Adult foster care; criminal
conviction data. For individuals who are required to have background
studies under section 245C.03, subdivisions 1 and 2, and who have been
continuously affiliated with a an adult foster care provider that
is licensed in more than one county, criminal conviction data may be shared
among those counties in which the adult foster care programs are
licensed. A county agency's receipt of criminal conviction data from another
county agency shall meet the criminal data background study requirements of
this chapter.
Sec.
16. Minnesota Statutes 2006, section 245C.11, subdivision 2, is amended to
read:
Subd.
2. Jointly licensed programs. A
county agency may accept a background study completed by the commissioner under
this chapter in place of the background study required under section 245A.16,
subdivision 3, in programs with joint licensure as home and community-based
services and adult foster care for people with developmental disabilities when
the license holder does not reside in the adult foster care residence
and the subject of the study has been continuously affiliated with the license
holder since the date of the commissioner's study.
Sec.
17. Minnesota Statutes 2006, section 245C.12, is amended to read:
245C.12 BACKGROUND STUDY;
TRIBAL ORGANIZATIONS.
(a)
For the
purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter,
after obtaining consent from the background study subject, tribal licensing
agencies shall have access to criminal history data in the same manner as
county licensing agencies and private licensing agencies under this chapter.
(b)
Tribal organizations may contract with the commissioner to obtain background
study data on individuals under tribal jurisdiction related to adoptions
according to section 245C.34. Tribal organizations may also contract with the
commissioner to obtain background study data on individuals under tribal
jurisdiction related to child foster care according to section 245C.34.
Sec.
18. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to
read:
Subdivision
1. Determining immediate risk of harm.
(a) If the commissioner determines that the individual studied has a disqualifying
characteristic, the commissioner shall review the information immediately
available and make a determination as to the subject's immediate risk of harm
to persons served by the program where the individual studied will have direct
contact.
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(b)
The commissioner shall consider all relevant information available, including
the following factors in determining the immediate risk of harm:
(1)
the recency of the disqualifying characteristic;
(2)
the recency of discharge from probation for the crimes;
(3)
the number of disqualifying characteristics;
(4)
the intrusiveness or violence of the disqualifying characteristic;
(5)
the vulnerability of the victim involved in the disqualifying characteristic;
(6)
the similarity of the victim to the persons served by the program where the
individual studied will have direct contact; and
(7)
whether the individual has a disqualification from a previous background study
that has not been set aside.
(c)
This section does not apply when the subject of a background study is regulated
by a health-related licensing board as defined in chapter 214, and the subject
is determined to be responsible for substantiated maltreatment under section
626.556 or 626.557.
(d)
This section does not apply to a background study related to an initial
application for a child foster care license.
(e)
If the
commissioner has reason to believe, based on arrest information or an active
maltreatment investigation, that an individual poses an imminent risk of harm
to persons receiving services, the commissioner may order that the person be
continuously supervised or immediately removed pending the conclusion of the
maltreatment investigation or criminal proceedings.
Sec.
19. Minnesota Statutes 2006, section 245C.17, is amended by adding a
subdivision to read:
Subd.
5. Notice to county or private agency.
For studies on individuals related to a license to provide child foster
care, and beginning January 1, 2008, for family child care, the commissioner
shall also provide a notice of the background study results to the county or
private agency that initiated the background study.
Sec.
20. Minnesota Statutes 2006, section 245C.21, is amended by adding a
subdivision to read:
Subd.
1a. Submission of reconsideration request to
county or private agency. (a) For disqualifications related to
studies conducted by county agencies, and for disqualifications related to
studies conducted by the commissioner for child foster care, and beginning
January 1, 2008, for family child care, the individual shall submit the request
for reconsideration to the county or private agency that initiated the
background study.
(b)
A reconsideration request shall be submitted within the time frames specified
in subdivision 2.
(c)
The county or private agency shall forward the individual's request for
reconsideration and provide the commissioner with a recommendation whether to set
aside the individual's disqualification.
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Sec. 21. Minnesota Statutes
2006, section 245C.23, subdivision 2, is amended to read:
Subd. 2. Commissioner's notice of disqualification
that is not set aside. (a) The commissioner shall notify the license holder
of the disqualification and order the license holder to immediately remove the
individual from any position allowing direct contact with persons receiving services
from the license holder if:
(1) the individual studied
does not submit a timely request for reconsideration under section 245C.21;
(2) the individual submits a
timely request for reconsideration, but the commissioner does not set aside the
disqualification for that license holder under section 245C.22;
(3) an individual who has a
right to request a hearing under sections 245C.27 and 256.045, or 245C.28 and
chapter 14 for a disqualification that has not been set aside, does not request
a hearing within the specified time; or
(4) an individual submitted
a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28
and chapter 14, but the commissioner does not set aside the disqualification
under section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does
not set aside the disqualification under section 245C.22, and the license
holder was previously ordered under section 245C.17 to immediately remove the
disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when
providing direct contact services, the order remains in effect pending the
outcome of a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter
14.
(c) For background studies
related to child foster care, and beginning January 1, 2008, for family child
care, the commissioner shall also notify the county or private agency that
initiated the study of the results of the reconsideration.
Sec. 22. [245C.33] ADOPTION BACKGROUND STUDY
REQUIREMENTS.
Subdivision 1. Background studies conducted by commissioner. Before
placement of a child for purposes of adoption, the commissioner shall conduct a
background study on individuals listed in section 259.41, subdivision 3, for
county agencies and private agencies licensed to place children for adoption.
Subd. 2. Information and data provided to county or private agency. The
subject of the background study shall provide the following information to the county
or private agency:
(1) the information
specified in section 245C.05;
(2) a set of classifiable
fingerprints obtained from an authorized agency; and
(3) for studies initiated by
a private agency, a signed consent for the release of information received from
national crime information databases to the private agency.
Subd. 3. Information and data provided to commissioner. The county
or private agency shall forward the data collected under subdivision 2 to the
commissioner.
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;
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(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.
(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
indicate if 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).
Sec. 23. [245C.34] ADOPTION AND CHILD FOSTER CARE
BACKGROUND STUDIES; TRIBAL ORGANIZATIONS.
Subdivision 1. Background studies may be conducted by commissioner. (a)
Tribal organizations may contract with the commissioner under section 245C.12
to obtain background study data on individuals under tribal jurisdiction
related to adoptions.
(b) Tribal organizations may
contract with the commissioner under section 245C.12 to obtain background study
data on individuals under tribal jurisdiction related to child foster care.
(c) Background studies
initiated by tribal organizations under paragraphs (a) and (b) must be
conducted as provided in subdivisions 2 and 3.
Subd. 2. Information and data provided to tribal organization. The
background study subject must provide the following information to the tribal
organization:
(1) for background studies
related to adoptions, the information under section 245C.05;
(2) for background studies
related to child foster care, the information under section 245C.05;
(3) a set of classifiable
fingerprints obtained from an authorized agency; and
(4) a signed consent for the
release of information received from national crime information databases to
the tribal organization.
Subd. 3. Information and data provided to commissioner. The tribal
organization shall forward the data collected under subdivision 2 to the
commissioner.
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.
(b) The commissioner shall
provide any information collected under this subdivision to the tribal
organization that initiated the background study. The commissioner shall
indicate if 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).
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Sec. 24. Minnesota Statutes
2006, section 259.20, subdivision 2, is amended to read:
Subd. 2. Other applicable law. (a) Portions
of chapters 245A, 245C, 257, 260, and 317A may also affect the adoption of a
particular child.
(b) Provisions of the Indian Child
Welfare Act, United States Code, title 25, chapter 21, sections 1901-1923, may
also apply in the adoption of an Indian child, and may preempt specific
provisions of this chapter.
(c) Consistent with section
245C.33 and Public Law 109-248, a completed background study is required before
the approval of any foster or adoptive placement in a related or an unrelated
home.
Sec. 25. Minnesota Statutes
2006, section 259.29, subdivision 1, is amended to read:
Subdivision 1. Best interests of the child. (a) The
policy of the state of Minnesota is to ensure that the best interests of the
child are met by requiring individualized determination of the needs of the
child and of how the adoptive placement will serve the needs of the child.
(b) Among the factors the
agency shall consider in determining the needs of the child are those specified
under section 260C.193, subdivision 3, paragraph (b).
(c) Except for emergency
placements provided for in section 245A.035, a completed background study is
required under section 245C.33 before the approval of an adoptive placement in
a home.
Sec. 26. Minnesota Statutes
2006, section 259.41, is amended to read:
259.41 ADOPTION STUDY.
Subdivision 1. Study required before placement; certain
relatives excepted. (a) An approved adoption study; completed
background study, as required under section 245C.33; and written report
must be completed before the child is placed in a prospective adoptive home
under this chapter, except as allowed by section 259.47, subdivision 6. In an
agency placement, the report must be filed with the court at the time the
adoption petition is filed. In a direct adoptive placement, the report must be
filed with the court in support of a motion for temporary preadoptive custody
under section 259.47, subdivision 3, or, if the study and report are complete,
in support of an emergency order under section 259.47, subdivision 6. The study
and report shall be completed by a licensed child-placing agency and must be
thorough and comprehensive. The study and report shall be paid for by the
prospective adoptive parent, except as otherwise required under section 259.67
or 259.73.
(b) A placement for adoption
with an individual who is related to the child, as defined by section 245A.02,
subdivision 13, is not subject to this section except as required by section
sections 245C.33 and 259.53, subdivision 2, paragraph (c).
(c) In the case of a
licensed foster parent seeking to adopt a child who is in the foster parent's care,
any portions of the foster care licensing process that duplicate requirements
of the home study may be submitted in satisfaction of the relevant requirements
of this section.
Subd. 2. Form of study. (a) The adoption study
must include at least one in-home visit with the prospective adoptive parent.
At a minimum, the study must include document the following
information about the prospective adoptive parent:
(1) a background check
study as required by subdivision 3 and section 245C.33, and
including:
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(i) an evaluation
assessment of the data and information provided by section 245C.33, subdivision
4, to determine if the prospective adoptive parent and any other person over
the age of 13 living in the home has a felony conviction consistent with
subdivision 3 and section 471(a)(2) of the Social Security Act; and
(ii)
an assessment
of the effect of a any conviction or finding of substantiated
maltreatment on the ability to capacity of the prospective adoptive
parent to safely care for and parent a child;
(2)
a medical and social history and assessment of current health;
(3)
an assessment of potential parenting skills;
(4)
an assessment of ability to provide adequate financial support for a child; and
(5)
an assessment of the level of knowledge and awareness of adoption issues
including, where appropriate, matters relating to interracial, cross-cultural,
and special needs adoptions.
(b)
The adoption study is the basis for completion of a written report. The report
must be in a format specified by the commissioner and must contain
recommendations regarding the suitability of the subject of the study to be an
adoptive parent.
Subd.
3. Background check; affidavit of
history study. (a) At the time an adoption study is commenced,
each prospective adoptive parent must:
(1)
authorize access by the agency to any private data needed to complete the
study;
(2)
provide all addresses at which the prospective adoptive parent and anyone in the
household over the age of 13 has resided in the previous five years; and
(3)
disclose any names used previously other than the name used at the time of the
study.
(b)
When the requirements of paragraph (a) have been met, the agency shall
immediately begin initiate a background check, study
under section 245C.33 to be completed by the commissioner on each person
over the age of 13 living in the home, consisting, at a minimum, of the
following:. As required under section 245C.33 and Public Law 109-248, a
completed background study is required before the approval of any foster or
adoptive placement in a related or an unrelated home. The required background
study must be completed as part of the home study.
(1)
a check of criminal conviction data with the Bureau of Criminal Apprehension
and local law enforcement authorities;
(2)
a check for data on substantiated maltreatment of a child or vulnerable adult
and domestic violence data with local law enforcement and social services
agencies and district courts; and
(3)
for those persons under the age of 25, a check of juvenile court records.
Notwithstanding
the provisions of section 260B.171 or 260C.171, the Bureau of Criminal
Apprehension, local law enforcement and social services agencies, district
courts, and juvenile courts shall release the requested information to the
agency completing the adoption study.
(c)
When paragraph (b) requires checking the data or records of local law
enforcement and social services agencies and district and juvenile courts, the
agency shall check with the law enforcement and social services agencies and
courts whose jurisdictions cover the addresses under paragraph (a), clause (2).
In the event that the agency is unable to complete any of the record checks
required by paragraph (b), the agency shall document the fact and the agency's
efforts to obtain the information.
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(d) For a study completed
under this section, when the agency has reasonable cause to believe that
further information may exist on the prospective adoptive parent or household
member over the age of 13 that may relate to the health, safety, or welfare of
the child, the prospective adoptive parent or household member over the age of
13 shall provide the agency with a set of classifiable fingerprints obtained
from an authorized law enforcement agency and the agency may obtain criminal
history data from the National Criminal Records Repository by submitting
fingerprints to the Bureau of Criminal Apprehension. The agency has reasonable
cause when, but not limited to, the:
(1) information from the
Bureau of Criminal Apprehension indicates that the prospective adoptive parent
or household member over the age of 13 is a multistate offender;
(2) information from the
Bureau of Criminal Apprehension indicates that multistate offender status is
undetermined;
(3) the agency has received
a report from the prospective adoptive parent or household member over the age
of 13 or a third party indicating that the prospective adoptive parent or
household member over the age of 13 has a criminal history in a jurisdiction
other than Minnesota; or
(4) the prospective adoptive
parent or household member over the age of 13 is or has been a resident of a
state other than Minnesota in the prior five years.
(e) At any time prior to
completion of the background check required under paragraph (b), a prospective
adoptive parent may submit to the agency conducting the study a sworn affidavit
stating whether they or any person residing in the household have been
convicted of a crime. The affidavit shall also state whether the adoptive
parent or any other person residing in the household is the subject of an open
investigation of, or have been the subject of a substantiated allegation of,
child or vulnerable-adult maltreatment within the past ten years. A complete
description of the crime, open investigation, or substantiated abuse, and a
complete description of any sentence, treatment, or disposition must be
included. The affidavit must contain an acknowledgment that if, at any time
before the adoption is final, a court receives evidence leading to a conclusion
that a prospective adoptive parent knowingly gave false information in the affidavit,
it shall be determined that the adoption of the child by the prospective
adoptive parent is not in the best interests of the child.
(f) For the purposes of
subdivision 1 and section 259.47, subdivisions 3 and 6, an adoption study is
complete for placement, even though the background checks required by paragraph
(b) have not been completed, if each prospective adoptive parent has completed
the affidavit allowed by paragraph (e) and the other requirements of this
section have been met. The background checks required by paragraph (b) must be
completed before an adoption petition is filed. If an adoption study has been
submitted to the court under section 259.47, subdivision 3 or 6, before the
background checks required by paragraph (b) were complete, an updated adoption
study report which includes the results of the background check must be filed
with the adoption petition. In the event that an agency is unable to complete
any of the records checks required by paragraph (b), the agency shall submit
with the petition to adopt an affidavit documenting the agency's efforts to
complete the checks.
(c) A home study under
paragraph (b) used to consider placement of any child on whose behalf Title
IV-E adoption assistance payments are to be made must not be approved if a
background study reveals a felony conviction at any time for:
(1) child abuse or neglect;
(2) spousal abuse;
(3) a crime against
children, including child pornography; or
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(4)
a crime involving violence, including rape, sexual assault, or homicide, but
not including other physical assault or battery.
(d)
A home study under paragraph (b) used to consider placement of any child on
whose behalf Title IV-E adoption assistance payments are to be made must not be
approved if a background study reveals a felony conviction within the past five
years for:
(1)
physical assault or battery; or
(2)
a drug-related offense.
Subd.
4. Updates to adoption study; period of
validity. An agency may update an adoption study and report as needed,
regardless of when the original study and report or most recent update was
completed. An update must be in a format specified by the commissioner and must
verify the continuing accuracy of the elements of the original report and
document any changes to elements of the original report. An update to a study
and report not originally completed under this section must ensure that the
study and report, as updated, meet the requirements of this section. An
adoption study is valid if the report has been completed or updated within the
previous 12 months.
Sec.
27. Minnesota Statutes 2006, section 259.53, subdivision 2, is amended to read:
Subd.
2. Adoption agencies; postplacement
assessment and report. (a) The agency to which the petition has been
referred under subdivision 1 shall conduct a postplacement assessment and file
a report with the court within 90 days of receipt of a copy of the adoption
petition. The agency shall send a copy of the report to the commissioner at the
time it files the report with the court. The assessment and report must
evaluate the environment and antecedents of the child to be adopted, the home
of the petitioners, whether placement with the petitioners meets the needs of
the child as described in section 259.57, subdivision 2. The report must
include a recommendation to the court as to whether the petition should or
should not be granted.
In
making evaluations and recommendations, the postplacement assessment and report
must, at a minimum, address the following:
(1)
the level of adaptation by the prospective adoptive parents to parenting the
child;
(2)
the health and well-being of the child in the prospective adoptive parents'
home;
(3)
the level of incorporation by the child into the prospective adoptive parents'
home, extended family, and community; and
(4)
the level of inclusion of the child's previous history into the prospective
adoptive home, such as cultural or ethnic practices, or contact with former
foster parents or biological relatives.
(b)
A postplacement adoption report is valid for 12 months following its date of
completion.
(c)
If the petitioner is an individual who is related to the child, as defined by
section 245A.02, subdivision 13, the agency, as part of its postplacement
assessment and report under paragraph (a), shall conduct a background check
meeting the requirements of section 259.41, subdivision 3, paragraph (b). The
prospective adoptive parent shall cooperate in the completion of the background
check by supplying the information and authorizations described in section
259.41, subdivision 3, paragraph (a).
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(d) (c) If the report recommends
that the court not grant the petition to adopt the child, the provisions of
this paragraph apply. Unless the assessment and report were completed by the
local social services agency, the agency completing the report, at the time it
files the report with the court under paragraph (a), must provide a copy of the
report to the local social services agency in the county where the prospective
adoptive parent lives. The agency or local social services agency may recommend
that the court dismiss the petition. If the local social services agency determines
that continued placement in the home endangers the child's physical or
emotional health, the agency shall seek a court order to remove the child from
the home.
(e) (d) If, through no fault of the
petitioner, the agency to whom the petition was referred under subdivision 1,
paragraph (b), fails to complete the assessment and file the report within 90
days of the date it received a copy of the adoption petition, the court may
hear the petition upon giving the agency and the local social services agency,
if different, five days' notice by mail of the time and place of the hearing.
Sec.
28. Minnesota Statutes 2006, section 259.57, subdivision 2, is amended to read:
Subd.
2. Protection of child's best interests.
(a) The policy of the state of Minnesota is to ensure that the best interests
of children are met by requiring an individualized determination of the needs
of the child and how the adoptive placement will serve the needs of the child.
(b)
Among the factors the court shall consider in determining the needs of the
child are those specified under section 260C.193, subdivision 3, paragraph (b).
Consistent with section 245C.33 and Public Law 109-248, a complete
background study is required before the approval of an adoptive placement in a
home.
(c)
In reviewing adoptive placement and in determining appropriate adoption, the
court shall consider placement, consistent with the child's best interests and
in the following order, with (1) a relative or relatives of the child, or (2)
an important friend with whom the child has resided or had significant contact.
Placement of a child cannot be delayed or denied based on race, color, or
national origin of the adoptive parent or the child. Whenever possible, siblings
should be placed together unless it is determined not to be in the best
interests of a sibling.
(d)
If the child's birth parent or parents explicitly request that relatives and
important friends not be considered, the court shall honor that request
consistent with the best interests of the child.
If
the child's birth parent or parents express a preference for placing the child
in an adoptive home of the same or a similar religious background to that of
the birth parent or parents, the court shall place the child with a family that
also meets the birth parent's religious preference. Only if no family is
available as described in clause (a) or (b) may the court give preference to a
family described in clause (c) that meets the parent's religious preference.
(e)
This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family
Preservation Act, sections 260.751 to 260.835.
Sec.
29. Minnesota Statutes 2006, section 260C.209, is amended to read:
260C.209 BACKGROUND CHECKS.
Subdivision
1. Subjects. The responsible social
services agency must conduct initiate a background check
study to be completed by the commissioner under this section of
chapter 245C on the following individuals:
(1)
a noncustodial parent or nonadjudicated parent who is being assessed for
purposes of providing day-to-day care of a child temporarily or permanently
under section 260C.212, subdivision 4, and any member of the parent's household
who is over the age of 13 when there is a reasonable cause to believe that the
parent or household member over age 13 has a criminal history or a history of
maltreatment of a child or vulnerable adult which would endanger the child's
health, safety, or welfare;
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(2)
an individual whose suitability for relative placement under section 260C.212,
subdivision 5, is being determined and any member of the relative's household
who is over the age of 13 when:
(i)
the relative must be licensed for foster care; or
(ii)
the agency must conduct a background study is required under
section 259.53, subdivision 2; or
(iii)
the agency or the commissioner has reasonable cause to believe the
relative or household member over the age of 13 has a criminal history which
would not make transfer of permanent legal and physical custody to the relative
under section 260C.201, subdivision 11, in the child's best interest; and
(3)
a parent, following an out-of-home placement, when the responsible social
services agency has reasonable cause to believe that the parent has been
convicted of a crime directly related to the parent's capacity to maintain the
child's health, safety, or welfare or the parent is the subject of an open
investigation of, or has been the subject of a substantiated allegation of,
child or vulnerable-adult maltreatment within the past ten years.
"Reasonable cause"
means that the agency has received information or a report from the subject or
a third person that creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare of the child.
The information or report must be specific to the potential subject of the
background check and shall not be based on the race, religion, ethnic
background, age, class, or lifestyle of the potential subject.
Subd.
2. General procedures. (a) When conducting
initiating a background check under subdivision 1, the agency may
shall require the individual being assessed to provide sufficient
information to ensure an accurate assessment under this section, including:
(1)
the individual's first, middle, and last name and all other names by which the
individual has been known;
(2)
home address, zip code, city, county, and state of residence for the past ten
five years;
(3)
sex;
(4)
date of birth; and
(5)
driver's license number or state identification number.
(b)
When notified by the commissioner or the responsible social services agency
that it is conducting an assessment under this section, the Bureau of Criminal
Apprehension, commissioners of health and human services, law enforcement, and
county agencies must provide the commissioner or the responsible social
services agency or county attorney with the following information on the
individual being assessed: criminal history data, reports about the
maltreatment of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.
Subd.
3. Multistate information. (a)
For any assessment every background study completed under this
section, if the responsible social services agency has reasonable cause to
believe that the individual is a multistate offender, the individual must
the subject of the background study shall provide the responsible social
services agency or the county attorney with a set of classifiable
fingerprints obtained from an authorized law enforcement agency. The
responsible social services agency or county attorney may shall
provide the fingerprints to the commissioner, and the commissioner shall
obtain criminal history data from the National Criminal Records Repository by
submitting the fingerprints to the Bureau of Criminal Apprehension.
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(b) For purposes of this
subdivision, the responsible social services agency has reasonable cause when,
but not limited to:
(1) information from the
Bureau of Criminal Apprehension indicates that the individual is a multistate
offender;
(2) information from the
Bureau of Criminal Apprehension indicates that multistate offender status is
undetermined;
(3) the social services
agency has received a report from the individual or a third party indicating
that the individual has a criminal history in a jurisdiction other than
Minnesota; or
(4) the individual is or has
been a resident of a state other than Minnesota at any time during the prior
ten years.
Subd. 4. Notice upon receipt. The responsible
social services agency commissioner must provide the subject of the
background study with the results of the study as required under this
section within 15 business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes first. The
subject may provide written information to the agency that the results are
incorrect and may provide additional or clarifying information to the agency
and to the court through a party to the proceeding. This provision does not
apply to any background study conducted under chapters 245A and chapter
245C.
Sec. 30. Minnesota Statutes
2006, section 260C.212, subdivision 2, is amended to read:
Subd. 2. Placement decisions based on best interest
of the child. (a) The policy of the state of Minnesota is to ensure that
the child's best interests are met by requiring an individualized determination
of the needs of the child and of how the selected placement will serve the
needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or
parents, in a family foster home selected by considering placement with
relatives and important friends in the following order:
(1) with an individual who
is related to the child by blood, marriage, or adoption; or
(2) with an individual who
is an important friend with whom the child has resided or had significant
contact.
(b) Among the factors the
agency shall consider in determining the needs of the child are the following:
(1) the child's current
functioning and behaviors;
(2) the medical,
educational, and developmental needs of the child;
(3) the child's history and
past experience;
(4) the child's religious
and cultural needs;
(5) the child's connection
with a community, school, and church;
(6) the child's interests
and talents;
(7) the child's relationship
to current caretakers, parents, siblings, and relatives; and
(8) the reasonable preference
of the child, if the court, or the child-placing agency in the case of a
voluntary placement, deems the child to be of sufficient age to express
preferences.
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(c) Placement of a child
cannot be delayed or denied based on race, color, or national origin of the
foster parent or the child.
(d) Siblings should be
placed together for foster care and adoption at the earliest possible time
unless it is determined not to be in the best interests of a sibling or unless
it is not possible after appropriate efforts by the responsible social services
agency.
(e) Except for emergency
placement as provided for in section 245A.035, a completed background study is
required under section 245C.08 before the approval of a foster placement in a
related or unrelated home.
Sec. 31. LICENSING MORATORIUM.
A program operated by a
nonpublic school for children 33 months or older is exempt from the human
services licensing requirements in Minnesota Statutes, chapter 245A, until July
1, 2009. Nothing in this section prohibits an already licensed nonpublic school
program from continuing its licensure or a nonpublic school program from
seeking licensure.
EFFECTIVE DATE. This moratorium is
effective the day following final enactment.
Sec. 32. ANNUAL LICENSE REVIEW.
The commissioner of human
services shall work with counties to determine the cost and propose an ongoing
funding allocation from the general fund to cover the cost to counties to
implement an annual license review for licensed family child care providers.
The commissioner shall solicit input from counties to determine the outcome.
The commissioner shall report to the house and senate committees having
jurisdiction over early childhood programs by January 15, 2008, as to the costs
and the funding allocation recommended for future use.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 33. EFFECTIVE DATE.
Changes made to sections in
this article related to family child care are effective January 1, 2008.
ARTICLE 4
HEALTH CARE POLICY
Section 1. Minnesota
Statutes 2006, section 16A.724, subdivision 2, is amended to read:
Subd. 2. Transfers. (a) Notwithstanding section
295.581, to the extent available resources in the health care access fund
exceed expenditures in that fund, effective with for the biennium
beginning July 1, 2007, the commissioner of finance shall transfer the excess
funds from the health care access fund to the general fund on June 30 of each
year, provided that the amount transferred in any fiscal biennium shall not
exceed $96,000,000. The purpose of this transfer is to meet the rate
increase required under Laws 2003, First Special Session chapter 14, article
13C, section 2, subdivision 6.
(b) For fiscal years 2006 to
2009, MinnesotaCare shall be a forecasted program, and, if necessary, the
commissioner shall reduce these transfers from the health care access fund to
the general fund to meet annual MinnesotaCare expenditures or, if necessary,
transfer sufficient funds from the general fund to the health care access fund
to meet annual MinnesotaCare expenditures.
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Sec.
2. [254A.171] INTERVENTION AND
ADVOCACY PROGRAM.
Within
the limit of money available, the commissioner shall fund voluntary outreach
programs targeted at women who deliver children affected by prenatal alcohol or
drug use. The programs shall help women obtain treatment, stay in recovery, and
plan any future pregnancies. An advocate shall be assigned to each woman in the
program to provide guidance and advice with respect to treatment programs,
child safety and parenting, housing, family planning, and any other personal
issues that are barriers to remaining free of chemical dependency.
Sec.
3. Minnesota Statutes 2006, section 256B.055, subdivision 14, is amended to
read:
Subd.
14. Persons detained by law. (a)
Medical assistance may be paid for an inmate of a correctional facility who is
conditionally released as authorized under section 241.26, 244.065, or 631.425,
if the individual does not require the security of a public detention facility
and is housed in a halfway house or community correction center, or under house
arrest and monitored by electronic surveillance in a residence approved by the
commissioner of corrections, and if the individual meets the other eligibility
requirements of this chapter.
(b)
An individual who is enrolled in medical assistance, and who is charged with
a crime and incarcerated for less than 12 months shall be suspended from
eligibility at the time of incarceration until the individual is released. Upon
release, medical assistance eligibility is reinstated without reapplication
using a reinstatement process and form, if the individual is otherwise
eligible.
(c)
An
individual, regardless of age, who is considered an inmate of a public
institution as defined in Code of Federal Regulations, title 42, section 435.1009,
is not eligible for medical assistance.
Sec.
4. Minnesota Statutes 2006, section 256B.056, is amended by adding a
subdivision to read:
Subd.
1d. Treatment of certain monetary gifts.
The commissioner shall disregard as income any portion of a monetary gift
received by an applicant or enrollee that is designated to purchase a
prosthetic device not covered by insurance, other third-party payers, or
medical assistance.
Sec.
5. Minnesota Statutes 2006, section 256B.0625, subdivision 13c, is amended to
read:
Subd.
13c. Formulary committee. The
commissioner, after receiving recommendations from professional medical
associations and professional pharmacy associations, and consumer groups shall
designate a Formulary Committee to carry out duties as described in
subdivisions 13 to 13g. The Formulary Committee shall be comprised of four
licensed physicians actively engaged in the practice of medicine in Minnesota
one of whom must be actively engaged in the treatment of persons with mental
illness; at least three licensed pharmacists actively engaged in the practice
of pharmacy in Minnesota; and one consumer representative; the remainder to be
made up of health care professionals who are licensed in their field and have
recognized knowledge in the clinically appropriate prescribing, dispensing, and
monitoring of covered outpatient drugs. Members of the Formulary Committee
shall not be employed by the Department of Human Services, but the committee
shall be staffed by an employee of the department who shall serve as an ex
officio, nonvoting member of the board committee. The
department's medical director shall also serve as an ex officio, nonvoting
member for the committee. Committee members shall serve three-year terms and
may be reappointed by the commissioner. The Formulary Committee shall meet at
least quarterly. The commissioner may require more frequent Formulary Committee
meetings as needed. An honorarium of $100 per meeting and reimbursement for
mileage shall be paid to each committee member in attendance.
Journal of the House - 63rd
Day - Monday, May 7, 2007 - Top of Page 5818
Sec.
6. Minnesota Statutes 2006, 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 or products for which there is no federal funding;
(2)
over-the-counter drugs, except as provided in subdivision 13;
(3)
drugs used for weight loss, except that medically necessary lipase inhibitors
may be covered for a recipient with type II diabetes;
(4)
drugs when used for the treatment of impotence or erectile dysfunction;
(5)
drugs 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.
(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.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
7. Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:
Subd.
49. Community health worker. (a)
Medical assistance covers the care coordination and patient education services
provided by a community health worker if the community health worker has:
(1)
received a certificate from the Minnesota State Colleges and Universities
System approved community health worker curriculum; or
(2)
at least five years of supervised experience with an enrolled physician,
registered nurse, or advanced practice registered nurse.
Community health workers
eligible for payment under clause (2) must complete the certification program
by January 1, 2010, to continue to be eligible for payment.
(b)
Community health workers must work under the supervision of a medical
assistance enrolled physician, registered nurse, or advanced practice
registered nurse.
Sec.
8. Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read:
Subd.
5. Co-payments and coinsurance. (a)
Except as provided in paragraphs (b) and (c), the MinnesotaCare benefit plan
shall include the following co-payments and coinsurance requirements for all
enrollees:
(1)
ten percent of the paid charges for inpatient hospital services for adult
enrollees, subject to an annual inpatient out-of-pocket maximum of $1,000 per
individual and $3,000 per family;
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(2)
$3 per prescription for adult enrollees;
(3)
$25 for eyeglasses for adult enrollees;
(4)
$3 per nonpreventive visit. For purposes of this subdivision, a
"visit" means an episode of service which is required because of a
recipient's symptoms, diagnosis, or established illness, and which is delivered
in an ambulatory setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, advanced practice nurse, audiologist, optician, or
optometrist; and
(5)
$6 for nonemergency visits to a hospital-based emergency room.
(b)
Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21 in households with family income equal to or less
than 175 percent of the federal poverty guidelines. Paragraph (a), clause (1),
does not apply to parents and relative caretakers of children under the age of
21 in households with family income greater than 175 percent of the federal
poverty guidelines for inpatient hospital admissions occurring on or after
January 1, 2001.
(c)
Paragraph (a), clauses (1) to (4), do does not apply to pregnant
women and children under the age of 21.
(d)
Adult enrollees with family gross income that exceeds 175 percent of the
federal poverty guidelines and who are not pregnant shall be financially
responsible for the coinsurance amount, if applicable, and amounts which exceed
the $10,000 inpatient hospital benefit limit.
(e)
When a MinnesotaCare enrollee becomes a member of a prepaid health plan, or
changes from one prepaid health plan to another during a calendar year, any
charges submitted towards the $10,000 annual inpatient benefit limit, and any
out-of-pocket expenses incurred by the enrollee for inpatient services, that
were submitted or incurred prior to enrollment, or prior to the change in
health plans, shall be disregarded.
Sec.
9. Minnesota Statutes 2006, section 256L.04, subdivision 12, is amended to
read:
Subd.
12. Persons in detention. Beginning
January 1, 1999, an applicant residing in a correctional or detention facility
is not eligible for MinnesotaCare. An enrollee residing in a correctional or
detention facility is not eligible at renewal of eligibility under section
256L.05, subdivision 3b 3a.
Sec.
10. Minnesota Statutes 2006, section 256L.17, subdivision 3, is amended to
read:
Subd.
3. Documentation. (a) The
commissioner of human services shall require individuals and families, at the
time of application or renewal, to indicate on a checkoff form developed by the
commissioner whether they satisfy the MinnesotaCare asset requirement. This
form must include the following or similar language: "To be eligible for
MinnesotaCare, individuals and families must not own net assets in excess of
$30,000 for a household of two or more persons or $15,000 for a household of
one person, not including a homestead, household goods and personal effects,
assets owned by children, vehicles used for employment, court-ordered
settlements up to $10,000, individual retirement accounts, and capital and
operating assets of a trade or business up to $200,000. Do you and your
household own net assets in excess of these limits?"
(b)
The commissioner may require individuals and families to provide any information
the commissioner determines necessary to verify compliance with the asset
requirement, if the commissioner determines that there is reason to believe
that an individual or family has assets that exceed the program limit.
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ARTICLE 5
HEALTH
CARE
Section
1. Minnesota Statutes 2006, section 16A.724, subdivision 2, is amended to read:
Subd.
2. Transfers. (a) Notwithstanding section
295.581, to the extent available resources in the health care access fund
exceed expenditures in that fund, effective with for the biennium
beginning July 1, 2007, the commissioner of finance shall transfer the excess
funds from the health care access fund to the general fund on June 30 of each
year, provided that the amount transferred in any fiscal biennium shall not
exceed $96,000,000. The purpose of this transfer is to meet the rate
increase required under Laws 2003, First Special Session chapter 14, article
13C, section 2, subdivision 6.
(b)
For fiscal years 2006 to 2009 2011, MinnesotaCare shall be a
forecasted program, and, if necessary, the commissioner shall reduce these
transfers from the health care access fund to the general fund to meet annual
MinnesotaCare expenditures or, if necessary, transfer sufficient funds from the
general fund to the health care access fund to meet annual MinnesotaCare
expenditures.
Sec.
2. [256.962] MINNESOTA HEALTH CARE
PROGRAMS OUTREACH.
Subdivision
1. Public awareness and education. The
commissioner, in consultation with community organizations, health plans, and
other public entities experienced in outreach to the uninsured, shall design
and implement a statewide campaign to raise public awareness on the availability
of health coverage through medical assistance, general assistance medical care,
and MinnesotaCare and to educate the public on the importance of obtaining and
maintaining health care coverage. The campaign shall include multimedia
messages directed to the general population.
Subd.
2. Outreach grants. (a) The
commissioner shall award grants to public and private organizations, regional
collaboratives, and regional health care outreach centers for outreach
activities, including, but not limited to:
(1)
providing information, applications, and assistance in obtaining coverage
through Minnesota public health care programs;
(2)
collaborating with public and private entities such as hospitals, providers,
health plans, legal aid offices, pharmacies, insurance agencies, and
faith-based organizations to develop outreach activities and partnerships to
ensure the distribution of information and applications and provide assistance
in obtaining coverage through Minnesota health care programs; and
(3)
providing or collaborating with public and private entities to provide
multilingual and culturally specific information and assistance to applicants
in areas of high uninsurance in the state or populations with high rates of
uninsurance.
(b)
The commissioner shall ensure that all outreach materials are available in
languages other than English.
(c)
The commissioner shall establish an outreach trainer program to provide
training to designated individuals from the community and public and private
entities on application assistance in order for these individuals to provide
training to others in the community on an as-needed basis.
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Subd. 3. Application and assistance. (a) The Minnesota health care
programs application must be made available at provider offices, local human
services agencies, school districts, public and private elementary schools in
which 25 percent or more of the students receive free or reduced price lunches,
community health offices, Women, Infants and Children (WIC) program sites, Head
Start program sites, public housing councils, child care centers, early
childhood education and preschool program sites, legal aid offices, and
libraries. The commissioner shall ensure that applications are available in
languages other than English.
(b) Local human service
agencies, hospitals, and health care community clinics receiving state funds
must provide direct assistance in completing the application form, including
the free use of a copy machine and a drop box for applications. These locations
must ensure that the drop box is checked at least weekly and any applications
are submitted to the commissioner. The commissioner shall provide these
entities with an identification number to stamp on each application to identify
the entity that provided assistance. Other locations where applications are
required to be available shall either provide direct assistance in completing
the application form or provide information on where an applicant can receive
application assistance.
(c) Counties must offer
applications and application assistance when providing child support collection
services.
(d) Local public health
agencies and counties that provide immunization clinics must offer applications
and application assistance during these clinics.
(e) The commissioner shall
coordinate with the commissioner of health to ensure that maternal and child
health outreach efforts include information on Minnesota health care programs and
application assistance, when needed.
Subd. 4. Statewide toll-free telephone number. The commissioner
shall provide funds for a statewide toll-free telephone number to provide
information on public and private health coverage options and sources of free
and low-cost health care. The statewide telephone number must provide the
option of obtaining this information in languages other than English.
Subd. 5. Incentive program. The commissioner shall establish an
incentive program for organizations that directly identify and assist potential
enrollees in filling out and submitting an application. For each applicant who
is successfully enrolled in MinnesotaCare, medical assistance, or general
assistance medical care, the commissioner shall pay the organization a $25
application assistance bonus. The organization may provide an applicant a gift
certificate or other incentive upon enrollment.
Subd. 6. School districts. (a) At the beginning of each school
year, a school district shall provide information to each student on the
availability of health care coverage through the Minnesota health care
programs.
(b) For each child who is
determined to be eligible for a free or reduced priced lunch, the district
shall provide the child's family with an application for the Minnesota health
care programs and information on how to obtain application assistance.
(c) A district shall also
ensure that applications and information on application assistance are
available at early childhood education sites and public schools located within
the district's jurisdiction.
(d) Each district shall
designate an enrollment specialist to provide application assistance and
follow-up services with families who are eligible for the reduced or free lunch
program or who have indicated an interest in receiving information or an
application for the Minnesota health care program.
(e) Each school district
shall provide on their Web site a link to information on how to obtain an
application and application assistance.
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Subd.
7. Renewal notice. (a) Beginning
December 1, 2007, the commissioner shall mail a renewal notice to enrollees
notifying the enrollees that the enrollees eligibility must be renewed. A
notice shall be sent at least 90 days prior to the renewal date and at least 60
days prior to the renewal date.
(b)
For enrollees who are receiving services through managed care plans, the
managed care plan must provide a follow-up renewal call at least 60 days prior
to the enrollees' renewal dates.
(c)
The commissioner shall include the end of coverage dates on the monthly rosters
of enrollees provided to managed care organizations.
Subd.
8. MinnesotaCare small employer buy-in
option. The commissioner shall provide information on the small
employer buy-in option for MinnesotaCare to insurance agents and local chambers
of commerce.
Sec.
3. [256.963] PRIMARY CARE ACCESS
INITIATIVE.
Subdivision
1. Establishment. (a) The
commissioner shall award a grant to implement in Hennepin and Ramsey Counties a
Web-based primary care access pilot project designed as a collaboration between
private and public sectors to connect, where appropriate, a patient with a
primary care medical home, and schedule patients into available community-based
appointments as an alternative to nonemergency use of the hospital emergency
room. The grantee must establish a program that diverts patients presenting at
an emergency room for nonemergency care to more appropriate outpatient
settings. The program must refer the patient to an appropriate health care
professional based on the patient's health care needs and situation. The
program must provide the patient with a scheduled appointment that is timely,
with an appropriate provider who is conveniently located. If the patient is
uninsured and potentially eligible for a Minnesota health care program, the
program must connect the patient to a primary care provider, community clinic,
or agency that can assist the patient with the application process. The program
must also ensure that discharged patients are connected with a community-based
primary care provider and assist in scheduling any necessary follow-up visits
before the patient is discharged.
(b)
The program must not require a provider to pay a fee for accepting charity care
patients or patients enrolled in a Minnesota public health care program.
Subd.
2. Evaluation. (a) The grantee
must report to the commissioner on a quarterly basis the following information:
(1)
the total number of appointments available for scheduling by specialty;
(2)
the average length of time between scheduling and actual appointment;
(3)
the total number of patients referred and whether the patient was insured or
uninsured; and
(4)
the total number of appointments resulting in visits completed and number of
patients continuing services with the referring clinic.
(b)
The commissioner, in consultation with the Minnesota Hospital Association,
shall conduct an evaluation of the emergency room diversion pilot project and submit
the results to the legislature by January 15, 2009. The evaluation shall
compare the number of nonemergency visits and repeat visits to hospital
emergency rooms for the period before the commencement of the project and one
year after the commencement, and an estimate of the costs saved from any
documented reductions.
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Sec.
4. Minnesota Statutes 2006, 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. 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, and facilities defined under
subdivision 16, and, effective for admissions occurring on or after July 1,
2007, a long-term hospital as designated by the Medicare program that is
located in a city of the first class as defined in section 410.01, 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 July 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 and, facilities
defined under subdivision 16, and, effective for admissions occurring on or
after July 1, 2007, a long-term hospital as designated by the Medicare program
that is located in a city of the first class as defined in section 410.01,
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.
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Sec. 5. Minnesota Statutes
2006, 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;
(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. 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
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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 and by prepaid
health plans participating in general assistance medical care shall be
considered Medicaid disproportionate share hospital payments, except as limited
below:
(1) (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;
(2) (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;
(3) (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
(4) (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)
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)
Upon federal approval of the related state plan amendment, paragraph (f) is
effective retroactively from July 1, 2005, or the earliest effective date
approved by the Centers for Medicare and Medicaid Services.
EFFECTIVE DATE. This section is
effective retroactively from July 1, 2005.
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Sec. 6. Minnesota Statutes
2006, section 256.969, subdivision 27, is amended to read:
Subd. 27. Quarterly payment adjustment. (a) In
addition to any other payment under this section, the commissioner shall make
the following payments effective July 1, 2007:
(1) for a hospital located
in Minnesota and not eligible for payments under subdivision 20, with a medical
assistance inpatient utilization rate greater than 17.8 percent of total
patient days as of the base year in effect on July 1, 2005, a payment equal to 13
percent of the total of the operating and property payment rates;
(2) for a hospital located
in Minnesota in a specified urban area outside of the seven-county metropolitan
area and not eligible for payments under subdivision 20, with a medical
assistance inpatient utilization rate less than or equal to 17.8 percent of
total patient days as of the base year in effect on July 1, 2005, a payment
equal to ten percent of the total of the operating and property payment rates.
For purposes of this clause, the following cities are specified urban areas:
Detroit Lakes, Rochester, Willmar, Alexandria, Austin, Cambridge, Brainerd,
Hibbing, Mankato, Duluth, St. Cloud, Grand Rapids, Wyoming, Fergus Falls,
Albert Lea, Winona, Virginia, Thief River Falls, and Wadena; and
(3) for a hospital located
in Minnesota but not located in a specified urban area under clause (2), with a
medical assistance inpatient utilization rate less than or equal to 17.8
percent of total patient days as of the base year in effect on July 1, 2005, a
payment equal to four percent of the total of the operating and property
payment rates. A hospital located in Woodbury and not in existence during the
base year shall be reimbursed under this clause.
(b) The state share of
payments under paragraph (a) shall be equal to federal reimbursements to the
commissioner to reimburse nonstate expenditures reported under section
256B.199. The commissioner shall ratably reduce or increase payments under this
subdivision in order to ensure that these payments equal the amount of
reimbursement received by the commissioner under section 256B.199, except that
payments shall be ratably reduced by an amount equivalent to the state share of
a four percent reduction in MinnesotaCare and medical assistance payments for
inpatient hospital services. Effective July 1, 2009, the ratable reduction
shall be equivalent to the state share of a three percent reduction in these
payments.
(c) The payments under
paragraph (a) shall be paid quarterly based on each hospital's operating and
property payments from the second previous quarter, beginning on July 15,
2007, or upon federal approval of federal reimbursements under section
256B.199, whichever occurs later.
(d) The commissioner shall
not adjust rates paid to a prepaid health plan under contract with the
commissioner to reflect payments provided in paragraph (a).
(e) The commissioner shall
maximize the use of available federal money for disproportionate share hospital
payments and shall maximize payments to qualifying hospitals. In order to
accomplish these purposes, the commissioner may, in consultation with the
nonstate entities identified in section 256B.199, adjust, on a pro rata basis
if feasible, the amounts reported by nonstate entities under section 256B.199
when application for reimbursement is made to the federal government, and
otherwise adjust the provisions of this subdivision. The commissioner shall
utilize a settlement process based on finalized data to maximize revenue under
section 256B.199 and payments under this section.
(f) By January 15 of each
year, beginning January 15, 2006, the commissioner shall report to the chairs
of the house and senate finance committees and divisions with jurisdiction over
funding for the Department of Human Services the following estimates for the
current and upcoming federal and state fiscal years:
(1) the difference between
the Medicare upper payment limit and actual or anticipated medical assistance payments
for hospital services;
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(2) the amount of federal
disproportionate share hospital funding available to Minnesota and the amount
expected to be claimed by the state; and
(3) the methodology used to
calculate the results reported for clauses (1) and (2).
(g) For purposes of this
subdivision, medical assistance does not include general assistance medical
care.
(h) This section sunsets on
June 30, 2009. The commissioner shall report to the legislature by December 15,
2008, with recommendations for maximizing federal disproportionate share
hospital payments after June 30, 2009.
Sec. 7. Minnesota Statutes
2006, section 256.969, is amended by adding a subdivision to read:
Subd. 28. Long-term hospital payment adjustment. For admissions
occurring on or after July 1, 2007, the commissioner shall increase the medical
assistance payments to a long-term hospital with a medical assistance inpatient
utilization rate of 17.95 percent of total patient days as of the base year in
effect on July 1, 2005, by an amount equal to 13 percent of the total of the
operating and property payment rates. Payments made to managed care plans shall
not reflect this payment increase. For purposes of this subdivision, medical
assistance does not include general assistance medical care. Payments to a
hospital under this subdivision shall be reduced by the amount of any payments
made under subdivision 27.
Sec. 8. Minnesota Statutes
2006, section 256B.04, subdivision 14, is amended to read:
Subd. 14. Competitive bidding. (a) When
determined to be effective, economical, and feasible, the commissioner may
utilize volume purchase through competitive bidding and negotiation under the
provisions of chapter 16C, to provide items under the medical assistance
program including but not limited to the following:
(1) eyeglasses;
(2) oxygen. The commissioner
shall provide for oxygen needed in an emergency situation on a short-term
basis, until the vendor can obtain the necessary supply from the contract
dealer;
(3) hearing aids and
supplies; and
(4) durable medical
equipment, including but not limited to:
(i) hospital beds;
(ii) commodes;
(iii) glide-about chairs;
(iv) patient lift apparatus;
(v) wheelchairs and
accessories;
(vi) oxygen administration
equipment;
(vii) respiratory therapy
equipment;
(viii) electronic
diagnostic, therapeutic and life support systems;
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(5)
special nonemergency medical transportation Dienstleistungen
level of need determinations, disbursement of public transportation passes and
tokens, and volunteer and recipient mileage and parking reimbursements; and
(6)
drugs.
(b)
Rate changes under this chapter and chapters 256D and 256L do not affect
contract payments under this subdivision unless specifically identified.
(c)
The commissioner may not utilize volume purchase through competitive bidding
and negotiation for special transportation services under the provisions of
chapter 16C.
Sec.
9. Minnesota Statutes 2006, section 256B.04, is amended by adding a subdivision
to read:
Subd.
14a. Level of need determination. Nonemergency
medical transportation level of need determinations must be performed by a
physician, a registered nurse working under direct supervision of a physician,
a physician's assistant, a nurse practitioner, a licensed practical nurse, or a
discharge planner. Nonemergency medical transportation level of need
determinations must not be performed more than semiannually on any individual,
unless the individual's circumstances have sufficiently changed so as to
require a new level of need determination. Individuals residing in licensed
nursing facilities are exempt from a level of need determination and are
eligible for special transportation services until the individual no longer
resides in a licensed nursing facility. If a person authorized by this
subdivision to perform a level of need determination determines that an
individual requires stretcher transportation, the individual is presumed to
maintain that level of need until otherwise determined by a person authorized
to perform a level of need determination, or for six months, whichever is
sooner.
Sec.
10. Minnesota Statutes 2006, section 256B.056, subdivision 10, is amended to
read:
Subd.
10. Eligibility verification. (a)
The commissioner shall require women who are applying for the continuation of
medical assistance coverage following the end of the 60-day postpartum period
to update their income and asset information and to submit any required income
or asset verification.
(b)
The commissioner shall determine the eligibility of private-sector health care
coverage for infants less than one year of age eligible under section 256B.055,
subdivision 10, or 256B.057, subdivision 1, paragraph (d), and shall pay for
private-sector coverage if this is determined to be cost-effective.
(c)
The commissioner shall modify the application for Minnesota health care programs
to require more detailed information related to verification of assets and
income, and shall verify assets and income for all applicants, and for all
recipients upon renewal.
(d)
The commissioner shall require Minnesota health care program recipients to
report new or an increase in earned income within ten days of the change, and
to verify new or an increase in earned income that affects eligibility within
ten days of notification by the agency that the new or increased earned income
affects eligibility. Recipients who fail to verify new or an increase in earned
income that affects eligibility shall be disenrolled.
Sec.
11. Minnesota Statutes 2006, section 256B.0625, subdivision 3f, is amended to
read:
Subd.
3f. Circumcision for newborns.
Newborn Circumcision is not covered, unless the procedure is medically
necessary or required because of a well-established religious practice.
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Sec.
12. Minnesota Statutes 2006, section 256B.0625, subdivision 5a, is amended to
read:
Subd.
5a. Services for children with autism
spectrum disorders. (a) Medical assistance covers home-based intensive
early intervention behavior therapy for children with autism spectrum
disorders, effective July 1, 2007 January 1, 2010. Children with
autism spectrum disorder, and their custodial parents or foster parents, may
access other covered services to treat autism spectrum disorder, and are not
required to receive intensive early intervention behavior therapy services
under this subdivision.
(b)
Intensive early intervention behavior therapy does not include coverage for
services to treat developmental disorders of language, early onset psychosis,
Rett's disorder, selective mutism, social anxiety disorder, stereotypic
movement disorder, dementia, obsessive compulsive disorder, schizoid
personality disorder, avoidant personality disorder, or reactive attachment
disorder.
(c)
If a child with autism spectrum disorder is diagnosed to have one or more of
these conditions, intensive early intervention behavior therapy includes
coverage only for services necessary to treat the autism spectrum disorder.
Sec.
13. Minnesota Statutes 2006, section 256B.0625, subdivision 5k, is amended to
read:
Subd.
5k. Report. The commissioner shall
collect evidence of the effectiveness of intensive early intervention behavior
therapy services and present a report to the legislature by July 1, 2010
January 15, 2013.
Sec.
14. Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:
Subd.
13i. Medicare Part D. Notwithstanding
subdivision 13, paragraph (d), for recipients who are enrolled in a Medicare
Part D prescription drug plan or Medicare Advantage special needs plan, medical
assistance covers co-payments which the recipient is responsible for under a
Medicare Part D prescription drug plan or Medicare Advantage special needs
plan, once the recipient has paid $12 per month in prescription drug
co-payments, and according to the requirements of the plan.
EFFECTIVE DATE. This section is
effective January 1, 2008, or upon federal approval, whichever is later.
Sec.
15. Minnesota Statutes 2006, section 256B.0631, subdivision 1, is amended to
read:
Subdivision
1. Co-payments. (a) Except as
provided in subdivision 2, the medical assistance benefit plan shall include
the following co-payments for all recipients, effective for services provided
on or after October 1, 2003, and before January 1, 2008:
(1)
$3 per nonpreventive visit. For purposes of this subdivision, a visit means an
episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory
setting by a physician or physician ancillary, chiropractor, podiatrist, nurse
midwife, advanced practice nurse, audiologist, optician, or optometrist;
(2)
$3 for eyeglasses;
(3)
$6 for nonemergency visits to a hospital-based emergency room; and
(4)
$3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No
co-payments shall apply to antipsychotic drugs when used for the treatment of
mental illness.
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(b) Except as provided in
subdivision 2, the medical assistance benefit plan shall include the following
co-payments for all recipients, effective for services provided on or after
January 1, 2008:
(1) $6 for nonemergency
visits to a hospital-based emergency room; and
(2) $3 per brand-name drug
prescription and $1 per generic drug prescription, subject to a $7 per month
maximum for prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental illness.
(c) Recipients of medical
assistance are responsible for all co-payments in this subdivision.
Sec. 16. Minnesota Statutes
2006, section 256B.0631, subdivision 3, is amended to read:
Subd. 3. Collection. (a) The medical
assistance reimbursement to the provider shall be reduced by the amount of the
co-payment, except that reimbursement for prescription drugs shall not be
reduced once a recipient has reached the $12 per month maximum for prescription
drug co-payments.
(b) The provider collects the
co-payment from the recipient. Providers may not deny services to recipients
who are unable to pay the co-payment, except as provided in subdivision 4.
(c) Medical assistance
reimbursement to fee-for-service providers and payments to managed care plans
shall not be increased as a result of the removal of the co-payments effective
January 1, 2008.
Sec. 17. Minnesota Statutes
2006, section 256B.0644, is amended to read:
256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.
(a) A vendor of medical care, as
defined in section 256B.02, subdivision 7, and a health maintenance
organization, as defined in chapter 62D, must participate as a provider or
contractor in the medical assistance program, general assistance medical care
program, and MinnesotaCare as a condition of participating as a provider in
health insurance plans and programs or contractor for state employees
established under section 43A.18, the public employees insurance program under
section 43A.316, for health insurance plans offered to local statutory or home
rule charter city, county, and school district employees, the workers'
compensation system under section 176.135, and insurance plans provided through
the Minnesota Comprehensive Health Association under sections 62E.01 to 62E.19.
The limitations on insurance plans offered to local government employees shall
not be applicable in geographic areas where provider participation is limited
by managed care contracts with the Department of Human Services.
(b) For providers other than
health maintenance organizations, participation in the medical assistance
program means that:
(1) the provider accepts new
medical assistance, general assistance medical care, and MinnesotaCare patients
oder;
(2) for providers other than
dental service providers, at least 20 percent of the provider's patients are
covered by medical assistance, general assistance medical care, and
MinnesotaCare as their primary source of coverage, or; or
(3)
for dental service providers, at least ten percent of the provider's patients
are covered by medical assistance, general assistance medical care, and
MinnesotaCare as their primary source of coverage, or the provider accepts
new medical assistance and MinnesotaCare patients who are children with special
health care needs. For purposes of this section, "children with special
health care needs" means children up to age 18 who: (i) require health and
related services beyond that required by
children generally; and (ii) have or are at risk for a chronic physical,
developmental,
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behavioral,
or emotional condition, including: bleeding and coagulation disorders; immunodeficiency disorders;
cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy,
and other neurological diseases; visual impairment or deafness; Down syndrome
and other genetic disorders; autism; fetal alcohol syndrome; and other
conditions designated by the commissioner after consultation with
representatives of pediatric dental providers and consumers.
(c)
Patients
seen on a volunteer basis by the provider at a location other than the
provider's usual place of practice may be considered in meeting this
the participation requirement in this section. The commissioner shall
establish participation requirements for health maintenance organizations. The
commissioner shall provide lists of participating medical assistance providers
on a quarterly basis to the commissioner of employee relations, the
commissioner of labor and industry, and the commissioner of commerce. Each of
the commissioners shall develop and implement procedures to exclude as
participating providers in the program or programs under their jurisdiction
those providers who do not participate in the medical assistance program. The
commissioner of employee relations shall implement this section through
contracts with participating health and dental carriers.
Sec.
18. Minnesota Statutes 2006, 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).
(b)
The commissioner shall apply for federal matching funds for certified public
expenditures as follows:
(1)
Hennepin
County, Hennepin County Medical Center, Ramsey County, 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.;
(b) (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
(c) (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
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(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)
This section sunsets on June 30, 2009. The commissioner shall report to the
legislature by December 15, 2008, with recommendations for maximizing federal
disproportionate share hospital payments after June 30, 2009.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec.
19. Minnesota Statutes 2006, section 256B.75, is amended to read:
256B.75 HOSPITAL OUTPATIENT
REIMBURSEMENT.
(a)
For outpatient hospital facility fee payments for services rendered on or after
October 1, 1992, the commissioner of human services shall pay the lower of (1)
submitted charge, or (2) 32 percent above the rate in effect on June 30, 1992,
except for those services for which there is a federal maximum allowable
payment. Effective for services rendered on or after January 1, 2000, payment
rates for nonsurgical outpatient hospital facility fees and emergency room
facility fees shall be increased by eight percent over the rates in effect on
December 31, 1999, except for those services for which there is a federal
maximum allowable payment. Services for which there is a federal maximum allowable
payment shall be paid at the lower of (1) submitted charge, or (2) the federal
maximum allowable payment. Total aggregate payment for outpatient hospital
facility fee services shall not exceed the Medicare upper limit. If it is
determined that a provision of this section conflicts with existing or future
requirements of the United States government with respect to federal financial
participation in medical assistance, the federal requirements prevail. The
commissioner may, in the aggregate, prospectively reduce payment rates to avoid
reduced federal financial participation resulting from rates that are in excess
of the Medicare upper limitations.
(b)
Notwithstanding paragraph (a), payment for outpatient, emergency, and
ambulatory surgery hospital facility fee services for critical access
hospitals designated under section 144.1483, clause (10), shall be paid on a
cost-based payment system that is based on the cost-finding methods and
allowable costs of the Medicare program. Effective for services provided on
or after July 1, 2007, a children's hospital that was formerly a state hospital
must be paid for the services in this paragraph using the methodology
established for critical access hospitals at a rate equal to 71 percent of
allowable costs.
(c)
Effective for services provided on or after July 1, 2003, rates that are based
on the Medicare outpatient prospective payment system shall be replaced by a
budget neutral prospective payment system that is derived using medical
assistance data. The commissioner shall provide a proposal to the 2003
legislature to define and implement this provision.
(d)
For fee-for-service services provided on or after July 1, 2002, the total
payment, before third-party liability and spenddown, made to hospitals for outpatient
hospital facility services is reduced by .5 percent from the current statutory
rate.
(e)
In addition to the reduction in paragraph (d), the total payment for
fee-for-service services provided on or after July 1, 2003, made to hospitals
for outpatient hospital facility services before third-party liability and
spenddown, is reduced five percent from the current statutory rates. Facilities
defined under section 256.969, subdivision 16, are excluded from this
paragraph.
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Sec. 20. Minnesota Statutes
2006, section 256B.76, is amended to read:
256B.76 PHYSICIAN AND DENTAL REIMBURSEMENT.
(a) Effective for services rendered
on or after October 1, 1992, the commissioner shall make payments for physician
services as follows:
(1) payment for level one
Centers for Medicare and Medicaid Services' common procedural coding system
codes titled "office and other outpatient services," "preventive
medicine new and established patient," "delivery, antepartum, and
postpartum care," "critical care," cesarean delivery and
pharmacologic management provided to psychiatric patients, and level three
codes for enhanced services for prenatal high risk, shall be paid at the lower
of (i) submitted charges, or (ii) 25 percent above the rate in effect on June
30, 1992. If the rate on any procedure code within these categories is
different than the rate that would have been paid under the methodology in
section 256B.74, subdivision 2, then the larger rate shall be paid;
(2) payments for all other
services shall be paid at the lower of (i) submitted charges, or (ii) 15.4
percent above the rate in effect on June 30, 1992;
(3) all physician rates
shall be converted from the 50th percentile of 1982 to the 50th percentile of
1989, less the percent in aggregate necessary to equal the above increases
except that payment rates for home health agency services shall be the rates in
effect on September 30, 1992;
(4) effective for services
rendered on or after January 1, 2000, payment rates for physician and
professional services shall be increased by three percent over the rates in
effect on December 31, 1999, except for home health agency and family planning
agency services; and
(5) the increases in clause
(4) shall be implemented January 1, 2000, for managed care.
(b) Effective for services
rendered on or after October 1, 1992, the commissioner shall make payments for
dental services as follows:
(1) dental services shall be
paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate
in effect on June 30, 1992;
(2) dental rates shall be
converted from the 50th percentile of 1982 to the 50th percentile of 1989, less
the percent in aggregate necessary to equal the above increases;
(3) effective for services
rendered on or after January 1, 2000, payment rates for dental services shall
be increased by three percent over the rates in effect on December 31, 1999;
(4) the commissioner shall
award grants to community clinics or other nonprofit community organizations,
political subdivisions, professional associations, or other organizations that
demonstrate the ability to provide dental services effectively to public
program recipients. Grants may be used to fund the costs related to
coordinating access for recipients, developing and implementing patient care
criteria, upgrading or establishing new facilities, acquiring furnishings or
equipment, recruiting new providers, or other development costs that will
improve access to dental care in a region. In awarding grants, the commissioner
shall give priority to applicants that plan to serve areas of the state in
which the number of dental providers is not currently sufficient to meet the
needs of recipients of public programs or uninsured individuals. The
commissioner shall consider the following in awarding the grants:
(i) potential to
successfully increase access to an underserved population;
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(ii)
the ability to raise matching funds;
(iii)
the long-term viability of the project to improve access beyond the period of
initial funding;
(iv)
the efficiency in the use of the funding; and
(v)
the experience of the proposers in providing services to the target population.
The
commissioner shall monitor the grants and may terminate a grant if the grantee
does not increase dental access for public program recipients. The commissioner
shall consider grants for the following:
(i)
implementation of new programs or continued expansion of current access
programs that have demonstrated success in providing dental services in
underserved areas;
(ii)
a pilot program for utilizing hygienists outside of a traditional dental office
to provide dental hygiene services; and
(iii)
a program that organizes a network of volunteer dentists, establishes a system
to refer eligible individuals to volunteer dentists, and through that network
provides donated dental care services to public program recipients or uninsured
individuals;
(5)
beginning October 1, 1999, the payment for tooth sealants and fluoride
treatments shall be the lower of (i) submitted charge, or (ii) 80 percent of
median 1997 charges;
(6)
the increases listed in clauses (3) and (5) shall be implemented January 1,
2000, for managed care; and
(7)
effective for services provided on or after January 1, 2002, payment for
diagnostic examinations and dental x-rays provided to children under age 21
shall be the lower of (i) the submitted charge, or (ii) 85 percent of median
1999 charges.
(c)
Effective for dental services rendered on or after January 1, 2002, the
commissioner may, within the limits of available appropriation, shall
increase reimbursements to dentists and dental clinics deemed by the
commissioner to be critical access dental providers. Reimbursement to a
critical access dental provider may be increased by not more than 50 percent
above the reimbursement rate that would otherwise be paid to the provider.
Payments to health plan companies shall be adjusted to For dental
services rendered on or after July 1, 2007, the commissioner shall increase
reimbursement by 33 percent above the reimbursement rate that would otherwise
be paid to the critical access dental provider. The commissioner shall pay the
health plan companies in amounts sufficient to reflect increased
reimbursements to critical access dental providers as approved by the
commissioner. In determining which dentists and dental clinics shall be deemed
critical access dental providers, the commissioner shall review:
(1)
the utilization rate in the service area in which the dentist or dental clinic
operates for dental services to patients covered by medical assistance, general
assistance medical care, or MinnesotaCare as their primary source of coverage;
(2)
the level of services provided by the dentist or dental clinic to patients
covered by medical assistance, general assistance medical care, or
MinnesotaCare as their primary source of coverage; and
(3)
whether the level of services provided by the dentist or dental clinic is
critical to maintaining adequate levels of patient access within the service
area.
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In
the absence of a critical access dental provider in a service area, the
commissioner may designate a dentist or dental clinic as a critical access
dental provider if the dentist or dental clinic is willing to provide care to
patients covered by medical assistance, general assistance medical care, or
MinnesotaCare at a level which significantly increases access to dental care in
the service area.
The
commissioner shall annually establish a reimbursement schedule for critical
access dental providers and provider-specific limits on total reimbursement
received under the reimbursement schedule, and shall notify each critical
access dental provider of the schedule and limit.
(d)
An entity that operates both a Medicare certified comprehensive outpatient
rehabilitation facility and a facility which was certified prior to January 1,
1993, that is licensed under Minnesota Rules, parts 9570.2000 to 9570.3600, and
for whom at least 33 percent of the clients receiving rehabilitation services
in the most recent calendar year are medical assistance recipients, shall be
reimbursed by the commissioner for rehabilitation services at rates that are 38
percent greater than the maximum reimbursement rate allowed under paragraph
(a), clause (2), when those services are (1) provided within the comprehensive
outpatient rehabilitation facility and (2) provided to residents of nursing
facilities owned by the entity.
(e)
Effective for services rendered on or after January 1, 2007, the commissioner
shall make payments for physician and professional services based on the
Medicare relative value units (RVU's). This change shall be budget neutral and
the cost of implementing RVU's will be incorporated in the established
conversion factor.
Sec.
21. [256B.764] REIMBURSEMENT FOR
FAMILY PLANNING SERVICES.
Effective
for services rendered on or after July 1, 2007, payment rates for family
planning services shall be increased by 25 percent over the rates in effect
June 30, 2007, when these services are provided by a community clinic as
defined in section 145.9268, subdivision 1.
Sec.
22. Minnesota Statutes 2006, section 256D.03, subdivision 3, is amended to
read:
Subd.
3. General assistance medical care;
eligibility. (a) General assistance medical care may be paid for any person
who is not eligible for medical assistance under chapter 256B, including
eligibility for medical assistance based on a spenddown of excess income
according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:
(1)
who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or
who is having a payment made on the person's behalf under sections 256I.01 to
256I.06; or
(2)
who is a resident of Minnesota; and
(i)
who has gross countable income not in excess of 75 percent of the federal
poverty guidelines for the family size, using a six-month budget period and
whose equity in assets is not in excess of $1,000 per assistance unit. General
assistance medical care is not available for applicants or enrollees who are
otherwise eligible for medical assistance but fail to verify their assets.
Enrollees who become eligible for medical assistance shall be terminated and transferred
to medical assistance. Exempt assets, the reduction of excess assets, and the
waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivision 3, with the following exception: the maximum
amount of undistributed funds in a trust that could be distributed to or on
behalf of the beneficiary by the trustee, assuming the full exercise of the
trustee's discretion under the terms of the trust, must be applied toward the
asset maximum;
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(ii) who has gross countable
income above 75 percent of the federal poverty guidelines but not in excess of
175 percent of the federal poverty guidelines for the family size, using a
six-month budget period, whose equity in assets is not in excess of the limits
in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or
(iii) the commissioner shall
adjust the income standards under this section each July 1 by the annual update
of the federal poverty guidelines following publication by the United States
Department of Health and Human Services.
(b) Effective for
applications and renewals processed on or after September 1, 2006, general
assistance medical care may not be paid for applicants or recipients who are
adults with dependent children under 21 whose gross family income is equal to
or less than 275 percent of the federal poverty guidelines who are not
described in paragraph (e).
(c) Effective for
applications and renewals processed on or after September 1, 2006, general
assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a
temporary period beginning the date of application. Immediately following
approval of general assistance medical care, enrollees shall be enrolled in
MinnesotaCare under section 256L.04, subdivision 7, with covered services as
provided in section 256L.03 for the rest of the six-month general assistance
medical care eligibility period, until their six-month renewal.
(d) To be eligible for
general assistance medical care following enrollment in MinnesotaCare as
required by paragraph (c), an individual must complete a new application.
(e) Applicants and
recipients eligible under paragraph (a), clause (1); who have applied for and
are awaiting a determination of blindness or disability by the state medical
review team or a determination of eligibility for Supplemental Security Income
or Social Security Disability Insurance by the Social Security Administration;
who fail to meet the requirements of section 256L.09, subdivision 2; who are
homeless as defined by United States Code, title 42, section 11301, et seq.;
who are classified as end-stage renal disease beneficiaries in the Medicare
program; who are enrolled in private health care coverage as defined in section
256B.02, subdivision 9; who are eligible under paragraph (j); or who receive
treatment funded pursuant to section 254B.02 are exempt from the MinnesotaCare enrollment
requirements of this subdivision.
(f) For applications
received on or after October 1, 2003, eligibility may begin no earlier than the
date of application. For individuals eligible under paragraph (a), clause (2), item
(i), a redetermination of eligibility must occur every 12 months. Individuals
are eligible under paragraph (a), clause (2), item (ii), only during inpatient
hospitalization but may reapply if there is a subsequent period of inpatient
hospitalization.
(g) Beginning September 1,
2006, Minnesota health care program applications and renewals completed by
recipients and applicants who are persons described in paragraph (c) and
submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision
are met, eligibility for general assistance medical care shall be available in
any month during which MinnesotaCare enrollment is pending. Upon notification
of eligibility for MinnesotaCare, notice of termination for eligibility for
general assistance medical care shall be sent to an applicant or recipient. If
all other eligibility requirements of this subdivision are met, eligibility for
general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).
(h)
The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has
provided a name, address, and Social Security number, signed and dated, to the
county agency or the Department of Human Services. If the applicant is unable
to provide a name, address, Social Security number, and signature when health
care is delivered due to a medical condition or
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disability, a health care
provider may act on an applicant's behalf to establish the date of an initial
Minnesota health care program application by providing the county agency or
Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder
of the application and provide necessary verification before eligibility can be
determined. The county agency must assist the applicant in obtaining
verification if necessary.
(i)
County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine
eligibility for general assistance medical care or MinnesotaCare. Such use
shall be considered sufficient in order to determine eligibility and premium
payments by the county agency.
(j)
General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a
county correctional or detention facility as a person accused or convicted of a
crime, or admitted as an inpatient to a hospital on a criminal hold order, and
the person is a recipient of general assistance medical care at the time the
person is detained by law or admitted on a criminal hold order and as long as
the person continues to meet other eligibility requirements of this
subdivision.
(k)
General assistance medical care is not available for applicants or recipients
who do not cooperate with the county agency to meet the requirements of medical
assistance.
(l)
In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an
asset, including an asset excluded under paragraph (a), that was given away,
sold, or disposed of for less than fair market value within the 60 months
preceding application for general assistance medical care or during the period
of eligibility. Any transfer described in this paragraph shall be presumed to
have been for the purpose of establishing eligibility for general assistance
medical care, unless the individual furnishes convincing evidence to establish
that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at
the time it was given away, sold, or disposed of, less the amount of
compensation received. For any uncompensated transfer, the number of months of
ineligibility, including partial months, shall be calculated by dividing the
uncompensated transfer amount by the average monthly per person payment made by
the medical assistance program to skilled nursing facilities for the previous
calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a
reapplication for benefits after 30 months from the date of the transfer shall
not result in eligibility unless and until the period of ineligibility has
expired. The period of ineligibility begins in the month the transfer was
reported to the county agency, or if the transfer was not reported, the month
in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first
approved application.
(m)
When determining eligibility for any state benefits under this subdivision, the
income and resources of all noncitizens shall be deemed to include their
sponsor's income and resources as defined in the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104-193,
sections 421 and 422, and subsequently set out in federal rules.
(n)
Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes of this subdivision, a nonimmigrant is an
individual in one or more of the classes listed in United States Code, title 8,
section 1101(a)(15), and an undocumented noncitizen is an individual who
resides in the United States without the approval or acquiescence of the
Immigration and Naturalization Service.
(o)
Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is
ineligible for general assistance medical care.
(p)
Effective July 1, 2003, general assistance medical care emergency services end.
EFFECTIVE DATE. This section is effective
January 1, 2009.
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Sec.
23. Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to
read:
Subd.
4. General assistance medical care;
services. (a)(i) For a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (i), general assistance medical care covers,
except as provided in paragraph (c):
(1)
inpatient hospital services;
(2)
outpatient hospital services;
(3)
services provided by Medicare certified rehabilitation agencies;
(4)
prescription drugs and other products recommended through the process
established in section 256B.0625, subdivision 13;
(5)
equipment necessary to administer insulin and diagnostic supplies and equipment
for diabetics to monitor blood sugar level;
(6)
eyeglasses and eye examinations provided by a physician or optometrist;
(7)
hearing aids;
(8)
prosthetic devices;
(9)
laboratory and X-ray services;
(10)
physician's services;
(11)
medical transportation except special transportation;
(12)
chiropractic services as covered under the medical assistance program;
(13)
podiatric services;
(14)
dental services as covered under the medical assistance program;
(15)
outpatient services provided by a mental health center or clinic that is under
contract with the county board and is established under section 245.62;
(16)
day treatment services for mental illness provided under contract with the
county board;
(17)
prescribed medications for persons who have been diagnosed as mentally ill as
necessary to prevent more restrictive institutionalization;
(18)
psychological services, medical supplies and equipment, and Medicare premiums,
coinsurance and deductible payments;
(19)
medical equipment not specifically listed in this paragraph when the use of the
equipment will prevent the need for costlier services that are reimbursable
under this subdivision;
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(20)
services performed by a certified pediatric nurse practitioner, a certified
family nurse practitioner, a certified adult nurse practitioner, a certified
obstetric/gynecological nurse practitioner, a certified neonatal nurse
practitioner, or a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this chapter as a
physician service, (2) the service provided on an inpatient basis is not
included as part of the cost for inpatient services included in the operating payment
rate, and (3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in section 148.171;
(21) services of a certified
public health nurse or a registered nurse practicing in a public health nursing
clinic that is a department of, or that operates under the direct authority of,
a unit of government, if the service is within the scope of practice of the
public health nurse's license as a registered nurse, as defined in section
148.171;
(22) telemedicine
consultations, to the extent they are covered under section 256B.0625,
subdivision 3b; and
(23) mental health
telemedicine and psychiatric consultation as covered under section 256B.0625,
subdivisions 46 and 48.;
(24) care coordination and
patient education services provided by a community health worker according to
section 256B.0625, subdivision 49; and
(25) regardless of the
number of employees that an enrolled health care provider may have, sign
language interpreter services when provided by an enrolled health care provider
during the course of providing a direct, person-to-person covered health care
service to an enrolled recipient who has a hearing loss and uses interpreting
services.
(ii) Effective October 1,
2003, for a person who is eligible under subdivision 3, paragraph (a), clause
(2), item (ii), general assistance medical care coverage is limited to
inpatient hospital services, including physician services provided during the
inpatient hospital stay. A $1,000 deductible is required for each inpatient
hospitalization.
(b) Effective August 1,
2005, sex reassignment surgery is not covered under this subdivision.
(c) In order to contain
costs, the commissioner of human services shall select vendors of medical care
who can provide the most economical care consistent with high medical standards
and shall where possible contract with organizations on a prepaid capitation
basis to provide these services. The commissioner shall consider proposals by
counties and vendors for prepaid health plans, competitive bidding programs,
block grants, or other vendor payment mechanisms designed to provide services
in an economical manner or to control utilization, with safeguards to ensure
that necessary services are provided. Before implementing prepaid programs in
counties with a county operated or affiliated public teaching hospital or a
hospital or clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the hospital and allow
the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the
patients served by the hospital, provided the terms of participation in the
program are competitive with the terms of other participants considering the
nature of the population served. Payment for services provided pursuant to this
subdivision shall be as provided to medical assistance vendors of these
services under sections 256B.02, subdivision 8, and 256B.0625. For payments
made during fiscal year 1990 and later years, the commissioner shall consult
with an independent actuary in establishing prepayment rates, but shall retain
final control over the rate methodology.
(d) Effective January 1,
2008, drug coverage under general assistance medical care is limited to
prescription drugs that:
(i) are covered under the
medical assistance program as described in section 256B.0625, subdivisions 13
and 13d; and
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(ii) are provided by
manufacturers that have fully executed general assistance medical care rebate
agreements with the commissioner and comply with the agreements. Prescription
drug coverage under general assistance medical care must conform to coverage
under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.
(d) (e) Recipients eligible under
subdivision 3, paragraph (a), shall pay the following co-payments for services
provided on or after October 1, 2003, and before January 1, 2008:
(1) $25 for eyeglasses;
(2) $25 for nonemergency
visits to a hospital-based emergency room;
(3) $3 per brand-name drug
prescription and $1 per generic drug prescription, subject to a $12 per month
maximum for prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental illness; and
(4) 50 percent coinsurance
on restorative dental services.
(e) (f) Recipients eligible
under subdivision 3, paragraph (a), shall include the following co-payments for
services provided on or after January 1, 2008:
(1) $25 for nonemergency
visits to a hospital-based emergency room; and
(2) $3 per brand-name drug
prescription and $1 per generic drug prescription, subject to a $7 per month
maximum for prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental illness.
(g) Co-payments shall be limited
to one per day per provider for nonpreventive visits, eyeglasses, and
nonemergency visits to a hospital-based emergency room. Recipients of general
assistance medical care are responsible for all co-payments in this
subdivision. The general assistance medical care reimbursement to the provider
shall be reduced by the amount of the co-payment, except that reimbursement for
prescription drugs shall not be reduced once a recipient has reached the $12
per month maximum for prescription drug co-payments. The provider collects the
co-payment from the recipient. Providers may not deny services to recipients
who are unable to pay the co-payment, except as provided in paragraph (f).
This paragraph expires January 1, 2008.
(f) If it is the routine
business practice of a provider to refuse service to an individual with
uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected
debt before services can be denied.
(h) Effective January 1,
2008, co-payments shall be limited to one per day per provider for nonemergency
visits to a hospital-based emergency room. Recipients of general assistance
medical care are responsible for all co-payments in this subdivision. The
general assistance medical care reimbursement to the provider shall be reduced
by the amount of the co-payment, except that reimbursement for prescription
drugs shall not be reduced once a recipient has reached the $7 per month
maximum for prescription drug co-payments. The provider collects the co-payment
from the recipient. Providers may not deny services to recipients who are
unable to pay the co-payment.
(i) General assistance
medical care reimbursement to fee-for-service providers and payments to managed
care plans shall not be increased as a result of the removal of the co-payments
effective January 1, 2008.
(g) (j) Any county may,
from its own resources, provide medical payments for which state payments are
not made.
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(h) (k) Chemical
dependency services that are reimbursed under chapter 254B must not be
reimbursed under general assistance medical care.
(i) (l) The maximum
payment for new vendors enrolled in the general assistance medical care program
after the base year shall be determined from the average usual and customary
charge of the same vendor type enrolled in the base year.
(j) (m) The conditions
of payment for services under this subdivision are the same as the conditions
specified in rules adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.
(k) (n) Inpatient and outpatient
payments shall be reduced by five percent, effective July 1, 2003. This
reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i) (l).
(l) (o) Payments for all
other health services except inpatient, outpatient, and pharmacy services shall
be reduced by five percent, effective July 1, 2003.
(m) (p) Payments to
managed care plans shall be reduced by five percent for services provided on or
after October 1, 2003, or upon federal approval, whichever is later.
(n) (q) A hospital
receiving a reduced payment as a result of this section may apply the unpaid
balance toward satisfaction of the hospital's bad debts.
(o) (r) Fee-for-service
payments for nonpreventive visits shall be reduced by $3 for services provided
on or after January 1, 2006. For purposes of this subdivision, a visit means an
episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory
setting by a physician or physician ancillary, chiropractor, podiatrist,
advance practice nurse, audiologist, optician, or optometrist.
(p) (s) Payments to
managed care plans shall not be increased as a result of the removal of the $3
nonpreventive visit co-payment effective January 1, 2006.
EFFECTIVE DATE. This section is
effective July 1, 2007, unless another effective date is explicit.
Sec. 24. Minnesota Statutes
2006, section 256L.01, subdivision 1, is amended to read:
Subdivision 1. Scope. For purposes of sections
256L.01 to 256L.18 this chapter, the following terms shall have the
meanings given them.
Sec. 25. Minnesota Statutes
2006, section 256L.01, subdivision 4, is amended to read:
Subd. 4. Gross individual or gross family income.
(a) "Gross individual or gross family income" for nonfarm
self-employed means income calculated for the six-month 12-month period
of eligibility using the net profit or loss reported on the applicant's federal
income tax form for the previous year and using the medical assistance families
with children methodology for determining allowable and nonallowable
self-employment expenses and countable income.
(b) "Gross individual
or gross family income" for farm self-employed means income calculated for
the six-month 12-month period of eligibility using as the
baseline the adjusted gross income reported on the applicant's federal income
tax form for the previous year and adding back in reported depreciation
amounts that apply to the business in which the family is currently engaged.
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(c)
"Gross individual or gross family income" means the total income for
all family members, calculated for the six-month 12-month period
of eligibility.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec.
26. Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to
read:
Subdivision
1. Covered health services. For
individuals under section 256L.04, subdivision 7, with income no greater than
75 percent of the federal poverty guidelines or for families with children
under section 256L.04, subdivision 1, all subdivisions of this section apply. "Covered
health services" means the health services reimbursed under chapter 256B,
with the exception of inpatient hospital services, special education services,
private duty nursing services, adult dental care services other than services
covered under section 256B.0625, subdivision 9, orthodontic services,
nonemergency medical transportation services, personal care assistant and case
management services, nursing home or intermediate care facilities services,
inpatient mental health services, and chemical dependency services. Outpatient
mental health services covered under the MinnesotaCare program are limited to diagnostic
assessments, psychological testing, explanation of findings, mental health
telemedicine, psychiatric consultation, medication management by a physician,
day treatment, partial hospitalization, and individual, family, and group
psychotherapy.
No
public funds shall be used for coverage of abortion under MinnesotaCare except
where the life of the female would be endangered or substantial and
irreversible impairment of a major bodily function would result if the fetus
were carried to term; or where the pregnancy is the result of rape or incest.
Covered
health services shall be expanded as provided in this section.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec.
27. Minnesota Statutes 2006, section 256L.03, subdivision 3, is amended to
read:
Subd.
3. Inpatient hospital services. (a)
Covered health services shall include inpatient hospital services, including
inpatient hospital mental health services and inpatient hospital and
residential chemical dependency treatment, subject to those limitations
necessary to coordinate the provision of these services with eligibility under
the medical assistance spenddown. Prior to July 1, 1997, the inpatient
hospital benefit for adult enrollees is subject to an annual benefit limit of
$10,000. The inpatient hospital benefit for adult enrollees who qualify
under section 256L.04, subdivision 7, or who qualify under section 256L.04,
subdivisions 1 and 2, with family gross income that exceeds 175 200
percent of the federal poverty guidelines or 215 percent of the federal
poverty guidelines on or after July 1, 2009, and who are not pregnant, is
subject to an annual limit of $10,000 $20,000.
(b)
Admissions for inpatient hospital services paid for under section 256L.11,
subdivision 3, must be certified as medically necessary in accordance with
Minnesota Rules, parts 9505.0500 to 9505.0540, except as provided in clauses
(1) and (2):
(1)
all admissions must be certified, except those authorized under rules
established under section 254A.03, subdivision 3, or approved under Medicare;
and
(2)
payment under section 256L.11, subdivision 3, shall be reduced by five percent
for admissions for which certification is requested more than 30 days after the
day of admission. The hospital may not seek payment from the enrollee for the
amount of the payment reduction under this clause.
EFFECTIVE DATE. For parents and relative
caretakers, this section is effective July 1, 2008, or upon
federal approval, whichever is later. For single adults and households
with no children, this section is effective January 1, 2008.
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Sec. 28. Minnesota Statutes
2006, section 256L.03, subdivision 5, is amended to read:
Subd. 5. Co-payments and coinsurance. (a) Except
as provided in paragraphs (b) and (c), the MinnesotaCare benefit plan shall
include the following co-payments and coinsurance requirements for all
enrollees:
(1) ten percent of the paid
charges for inpatient hospital services for adult enrollees, subject to an
annual inpatient out-of-pocket maximum of $1,000 per individual and $3,000 per
family;
(2) $3 per prescription for
adult enrollees;
(3) $25 for eyeglasses for
adult enrollees;
(4) $3 per nonpreventive
visit. For purposes of this subdivision, a "visit" means an episode
of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a
physician or physician ancillary, chiropractor, podiatrist, nurse midwife,
advanced practice nurse, audiologist, optician, or optometrist; and
(5) $6 for nonemergency
visits to a hospital-based emergency room.
(b) Paragraph (a), clause
(1), does not apply to parents and relative caretakers of children under the
age of 21 in households with family income equal to or less than 175 percent
of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to
parents and relative caretakers of children under the age of 21 in households
with family income greater than 175 percent of the federal poverty guidelines
for inpatient hospital admissions occurring on or after January 1, 2001.
(c) Paragraph (a),
clauses (1) to (4), do does not apply to pregnant women and children
under the age of 21.
(d) Adult enrollees with
family gross income that exceeds 175 200 percent of the federal
poverty guidelines or 215 percent of the federal poverty guidelines on or
after July 1, 2009, and who are not pregnant shall be financially
responsible for the coinsurance amount, if applicable, and amounts which exceed
the $10,000 $20,000 inpatient hospital benefit limit.
(e) When a MinnesotaCare
enrollee becomes a member of a prepaid health plan, or changes from one prepaid
health plan to another during a calendar year, any charges submitted towards
the $10,000 $20,000 annual inpatient benefit limit, and any
out-of-pocket expenses incurred by the enrollee for inpatient services, that
were submitted or incurred prior to enrollment, or prior to the change in
health plans, shall be disregarded.
EFFECTIVE DATE. For parents and relative
caretakers, this section is effective July 1, 2008, or upon federal approval,
whichever is later. For single adults and households with no children, this
section is effective January 1, 2008.
Sec. 29. Minnesota Statutes
2006, section 256L.04, subdivision 7, is amended to read:
Subd. 7. Single adults and households with no
children. The definition of eligible persons includes all individuals and
households with no children who have gross family incomes that are equal to or
less than 175 200 percent of the federal poverty guidelines. Effective
July 1, 2009, the definition of eligible persons includes all individuals and
households with no children who have gross family incomes that are equal to or
less than 215 percent of the federal poverty guidelines.
EFFECTIVE DATE. This section is
effective January 1, 2008.
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Sec.
30. Minnesota Statutes 2006, section 256L.05, subdivision 1, is amended to
read:
Subdivision
1. Application and information
availability. Applications and other information application
assistance must be made available to at provider offices,
local human services agencies, school districts, public and private elementary
schools in which 25 percent or more of the students receive free or reduced
price lunches, community health offices, and Women, Infants and Children
(WIC) program sites, Head Start program sites, public housing councils,
crisis nurseries, child care centers, early childhood education and preschool
program sites, legal aid offices, and libraries. These sites may accept
applications and forward the forms to the commissioner or local county human
services agencies that choose to participate as an enrollment site.
Otherwise, applicants may apply directly to the commissioner or to
participating local county human services agencies. Beginning January 1,
2000, MinnesotaCare enrollment sites will be expanded to include local county
human services agencies which choose to participate.
Sec.
31. Minnesota Statutes 2006, section 256L.05, subdivision 1b, is amended to
read:
Subd.
1b. MinnesotaCare enrollment by county
agencies. Beginning September 1, 2006, county agencies shall enroll single
adults and households with no children formerly enrolled in general assistance
medical care in MinnesotaCare according to section 256D.03, subdivision 3.
County agencies shall perform all duties necessary to administer the
MinnesotaCare program ongoing for these enrollees, including the
redetermination of MinnesotaCare eligibility at six-month renewal.
Sec.
32. Minnesota Statutes 2006, section 256L.05, subdivision 2, is amended to
read:
Subd.
2. Commissioner's duties. (a)
The commissioner or county agency shall use electronic verification as the
primary method of income verification. If there is a discrepancy between
reported income and electronically verified income, an individual may be
required to submit additional verification. In addition, the commissioner shall
perform random audits to verify reported income and eligibility. The
commissioner may execute data sharing arrangements with the Department of
Revenue and any other governmental agency in order to perform income
verification related to eligibility and premium payment under the MinnesotaCare
program.
(b)
In determining eligibility for MinnesotaCare, the commissioner shall require
applicants and enrollees seeking renewal of eligibility to verify both earned
and unearned income. The commissioner shall also require applicants and
enrollees to submit the names of their employers and a contact name with a
telephone number for each employer for purposes of verifying whether the
applicant or enrollee, and any dependents, are eligible for employer-subsidized
coverage. Data collected is nonpublic data as defined in section 13.02,
subdivision 9.
Sec.
33. Minnesota Statutes 2006, section 256L.05, subdivision 3a, is amended to
read:
Subd.
3a. Renewal of eligibility. (a)
Beginning January 1, 1999 July 1, 2007, an enrollee's eligibility
must be renewed every 12 months. The 12-month period begins in the month after
the month the application is approved.
(b)
Beginning October 1, 2004, an enrollee's eligibility must be renewed every
six months. The first six-month period of eligibility begins the month the
application is received by the commissioner. The effective date of coverage
within the first six-month period of eligibility is as provided in subdivision
3. Each new period of eligibility must take into account any changes in
circumstances that impact eligibility and premium amount. An enrollee must
provide all the information needed to redetermine eligibility by the first day
of the month that ends the eligibility period. The premium for the new period
of eligibility must be received as provided in section 256L.06 in order for
eligibility to continue.
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(c) For single adults and
households with no children formerly enrolled in general assistance medical
care and enrolled in MinnesotaCare according to section 256D.03, subdivision 3,
the first six-month period of eligibility begins the month the enrollee
submitted the application or renewal for general assistance medical care.
EFFECTIVE DATE. This section is
effective July 1, 2007, or upon federal approval, whichever is later.
Sec. 34. Minnesota Statutes
2006, section 256L.07, subdivision 1, is amended to read:
Subdivision 1. General requirements. (a) Children
enrolled in the original children's health plan as of September 30, 1992,
children who enrolled in the MinnesotaCare program after September 30, 1992,
pursuant to Laws 1992, chapter 549, article 4, section 17, and children who
have family gross incomes that are equal to or less than 150 percent of the
federal poverty guidelines are eligible without meeting the requirements of
subdivision 2 and the four-month requirement in subdivision 3, as long as
they maintain continuous coverage in the MinnesotaCare program or medical
assistance. Children who apply for MinnesotaCare on or after the
implementation date of the employer-subsidized health coverage program as
described in Laws 1998, chapter 407, article 5, section 45, who have family
gross incomes that are equal to or less than 150 percent of the federal poverty
guidelines, must meet the requirements of subdivision 2 to be eligible for
MinnesotaCare.
(b) Families enrolled in
MinnesotaCare under section 256L.04, subdivision 1, whose income increases
above 275 percent of the federal poverty guidelines, are no longer eligible for
the program and shall be disenrolled by the commissioner. Beginning January
1, 2008, individuals enrolled in MinnesotaCare under section 256L.04,
subdivision 7, whose income increases above 175 200 percent of
the federal poverty guidelines or 215 percent of the federal poverty
guidelines on or after July 1, 2009, are no longer eligible for the program
and shall be disenrolled by the commissioner. For persons disenrolled under
this subdivision, MinnesotaCare coverage terminates the last day of the
calendar month following the month in which the commissioner determines that
the income of a family or individual exceeds program income limits.
(c) (b) Notwithstanding paragraph (b)
(a), children may remain enrolled in MinnesotaCare if ten percent of their
gross individual or gross family income as defined in section 256L.01,
subdivision 4, is less than the annual premium for a six-month
policy with a $500 deductible available through the Minnesota Comprehensive
Health Association. Children who are no longer eligible for MinnesotaCare under
this clause shall be given a 12-month notice period from the date that
ineligibility is determined before disenrollment. The premium for children
remaining eligible under this clause shall be the maximum premium determined
under section 256L.15, subdivision 2, paragraph (b).
(d) (c) Notwithstanding paragraphs (b)
(a) and (c) (b), parents are not eligible for MinnesotaCare
if gross household income exceeds $25,000 for the six-month period of
eligibility.
EFFECTIVE DATE. This section is
effective July 1, 2007, or upon federal approval, whichever is later.
Sec. 35. Minnesota Statutes
2006, section 256L.07, subdivision 2, is amended to read:
Subd. 2. Must not have access to employer-subsidized
coverage. (a) To be eligible, a family or individual an adult
must not have access to subsidized health coverage through an employer and must
not have had access to employer-subsidized coverage through a current employer
for 18 months prior to application or reapplication. A family or individual
An adult whose employer-subsidized coverage is lost due to an employer
terminating health care coverage as an employee benefit during the previous 18
months is not eligible.
(b) This subdivision does
not apply to a family or individual an adult who was enrolled in
MinnesotaCare within six months or less of reapplication and who no longer has
employer-subsidized coverage due to the employer terminating health care
coverage as an employee benefit.
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(c) For purposes of this
requirement, subsidized health coverage means health coverage for which the
employer pays at least 50 percent of the cost of coverage for the employee or
dependent, or a higher percentage as specified by the commissioner. Children
are eligible for employer-subsidized coverage through either parent, including
the noncustodial parent. The commissioner must treat employer contributions
to Internal Revenue Code Section 125 plans and any other employer benefits
intended to pay health care costs as qualified employer subsidies toward the
cost of health coverage for employees for purposes of this subdivision.
(d) This subdivision does
not apply to children.
EFFECTIVE DATE. This section is
effective July 1, 2007, or upon federal approval, whichever is later.
Sec. 36. Minnesota Statutes
2006, section 256L.07, subdivision 6, is amended to read:
Subd. 6. Exception for certain adults. Single
adults and households with no children formerly enrolled in general assistance
medical care and enrolled in MinnesotaCare according to section 256D.03,
subdivision 3, are eligible without meeting the requirements of this section
until six-month renewal.
Sec. 37. Minnesota Statutes
2006, section 256L.09, subdivision 4, is amended to read:
Subd. 4. Eligibility as Minnesota resident. (a)
For purposes of this section, a permanent Minnesota resident is a person who
has demonstrated, through persuasive and objective evidence, that the person is
domiciled in the state and intends to live in the state permanently.
(b) To be eligible as a
permanent resident, an applicant must demonstrate the requisite intent to live
in the state permanently by:
(1) showing that the
applicant maintains a residence at a verified address other than a place of
public accommodation, through the use of evidence of residence described in
section 256D.02, subdivision 12a, paragraph (b), clause (1)
(2);
(2) demonstrating that the
applicant has been continuously domiciled in the state for no less than 180
days immediately before the application; and
(3) signing an affidavit
declaring that (A) the applicant currently resides in the state and intends to
reside in the state permanently; and (B) the applicant did not come to the
state for the primary purpose of obtaining medical coverage or treatment.
(c) A person who is temporarily
absent from the state does not lose eligibility for MinnesotaCare.
"Temporarily absent from the state" means the person is out of the
state for a temporary purpose and intends to return when the purpose of the
absence has been accomplished. A person is not temporarily absent from the
state if another state has determined that the person is a resident for any
purpose. If temporarily absent from the state, the person must follow the
requirements of the health plan in which the person is enrolled to receive
services.
Sec. 38. Minnesota Statutes
2006, section 256L.11, subdivision 7, is amended to read:
Subd. 7. Critical access dental providers.
Effective for dental services provided to MinnesotaCare enrollees on or after
January 1, 2007, the commissioner shall increase payment rates to dentists and
dental clinics deemed by the commissioner to be critical access providers under
section 256B.76, paragraph (c), by 50 percent above the payment rate that would
otherwise be paid to the provider. The commissioner shall adjust the rates
paid on or after January 1, 2007, to pay the prepaid health plans
under contract with the commissioner amounts sufficient to reflect this
rate increase. The prepaid health plan must pass this rate increase to
providers who have been identified by the commissioner as critical access
dental providers under section 256B.76, paragraph (c).
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Sec.
39. Minnesota Statutes 2006, section 256L.15, subdivision 1, is amended to
read:
Subdivision
1. Premium determination. (a)
Families with children and individuals shall pay a premium determined according
to subdivision 2.
(b)
Pregnant women and children under age two are exempt from the provisions of
section 256L.06, subdivision 3, paragraph (b), clause (3), requiring
disenrollment for failure to pay premiums. For pregnant women, this exemption
continues until the first day of the month following the 60th day postpartum.
Women who remain enrolled during pregnancy or the postpartum period, despite
nonpayment of premiums, shall be disenrolled on the first of the month
following the 60th day postpartum for the penalty period that otherwise applies
under section 256L.06, unless they begin paying premiums.
(c)
Members of the military and their families who meet the eligibility criteria
for MinnesotaCare upon eligibility approval made within 24 months following the
end of the member's tour of active duty shall have their premiums paid by the
commissioner. The effective date of coverage for an individual or family who
meets the criteria of this paragraph shall be the first day of the month
following the month in which eligibility is approved. This exemption applies
for 12 months.
EFFECTIVE DATE. This section is effective
July 1, 2007, or upon federal approval, whichever is later. The commissioner of
human services shall notify the Office of the Revisor of Statutes when federal
approval is obtained.
Sec.
40. Minnesota Statutes 2006, section 256L.15, subdivision 2, is amended to
read:
Subd.
2. Sliding fee scale; monthly gross
individual or family income. (a) The commissioner shall establish a sliding
fee scale to determine the percentage of monthly gross individual or family
income that households at different income levels must pay to obtain coverage
through the MinnesotaCare program. The sliding fee scale must be based on the
enrollee's monthly gross individual or family income. The sliding fee scale
must contain separate tables based on enrollment of one, two, or three or more
persons. The sliding fee scale begins with a premium of 1.5 percent of monthly
gross individual or family income for individuals or families with incomes
below the limits for the medical assistance program for families and children
in effect on January 1, 1999, and proceeds through the following evenly spaced
steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 7.4, and 8.8 percent. These percentages
are matched to evenly spaced income steps ranging from the medical assistance
income limit for families and children in effect on January 1, 1999, to 275
percent of the federal poverty guidelines for the applicable family size, up to
a family size of five. The sliding fee scale for a family of five must be used
for families of more than five. Effective October 1, 2003, the commissioner
shall increase each percentage by 0.5 percentage points for enrollees with
income greater than 100 percent but not exceeding 200 percent of the federal
poverty guidelines and shall increase each percentage by 1.0 percentage points
for families and children with incomes greater than 200 percent of the federal
poverty guidelines. The sliding fee scale and percentages are not subject
to the provisions of chapter 14. If a family or individual reports increased
income after enrollment, premiums shall be adjusted at the time the change in
income is reported.
(b)
Children in Families whose gross income is above 275 percent of the
federal poverty guidelines shall pay the maximum premium. The maximum premium
is defined as a base charge for one, two, or three or more enrollees so that if
all MinnesotaCare cases paid the maximum premium, the total revenue would equal
the total cost of MinnesotaCare medical coverage and administration. In this
calculation, administrative costs shall be assumed to equal ten percent of the
total. The costs of medical coverage for pregnant women and children under age
two and the enrollees in these groups shall be excluded from the total. The
maximum premium for two enrollees shall be twice the maximum premium for one, and
the maximum premium for three or more enrollees shall be three times the
maximum premium for one.
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(c)
After calculating the percentage of premium each enrollee shall pay under paragraph
(a), eight percent shall be added to the premium.
EFFECTIVE DATE. This section is
effective July 1, 2007, or upon federal approval, whichever is later.
Sec.
41. Minnesota Statutes 2006, section 256L.15, subdivision 3, is amended to
read:
Subd.
3. Exceptions to sliding scale.
Children in families with income at or below 150 200 percent of
the federal poverty guidelines pay a monthly premium of $4.
Sec.
42. Minnesota Statutes 2006, section 256L.15, subdivision 4, is amended to
read:
Subd.
4. Exception for transitioned adults.
County agencies shall pay premiums for single adults and households with no
children formerly enrolled in general assistance medical care and enrolled in
MinnesotaCare according to section 256D.03, subdivision 3, until six-month
renewal. The county agency has the option of continuing to pay premiums for
these enrollees past the first six-month renewal period.
EFFECTIVE DATE. This section is
effective January 1, 2009.
Sec.
43. Minnesota Statutes 2006, section 256L.17, subdivision 2, is amended to
read:
Subd.
2. Limit on total assets. (a)
Effective July 1, 2002, or upon federal approval, whichever is later, in order
to be eligible for the MinnesotaCare program, a household of two or more
persons must not own more than $20,000 in total net assets, and a household of
one person must not own more than $10,000 in total net assets.
(b)
For purposes of this subdivision, assets are determined according to section
256B.056, subdivision 3c, except that workers' compensation settlements
received due to a work-related injury shall not be considered.
(c)
State-funded MinnesotaCare is not available for applicants or enrollees who are
otherwise eligible for medical assistance but fail to verify assets. Enrollees
who become eligible for federally funded medical assistance shall be terminated
from state-funded MinnesotaCare and transferred to medical assistance.
EFFECTIVE DATE. This section is
effective July 1, 2007, or upon federal approval, whichever is later.
Sec.
44. Minnesota Statutes 2006, section 256L.17, subdivision 7, is amended to
read:
Subd.
7. Exception for certain adults.
Single adults and households with no children formerly enrolled in general
assistance medical care and enrolled in MinnesotaCare according to section 256D.03,
subdivision 3, are exempt from the requirements of this section until six-month
renewal.
Sec.
45. [256L.20] MINNESOTACARE OPTION
FOR SMALL EMPLOYERS.
Subdivision
1. Definitions. (a) For the
purposes of this section, the following terms have the meanings given them.
(b)
"Dependent" means an unmarried child who is under the age of 21 and
who is not eligible for employer-subsidized health coverage.
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(c)
"Eligible employee" means an employee who works at least 20 hours per
week for an eligible employer. Eligible employee does not include an employee
who works on a temporary or substitute basis or who does not work more than 26
weeks annually. Coverage of an eligible employee includes the employee's spouse
if the spouse does not have access to employer-subsidized health coverage.
(d)
"Eligible employer" means a business that employs at least two, but
not more than 50, eligible employees, the majority of whom are employed in the state,
and includes a municipality that has 50 or fewer employees.
(e)
"Employer-subsidized health coverage" has the meaning given under
section 256L.07, subdivision 2, paragraphs (c) and (d).
(f)
"Maximum premium" has the meaning given under section 256L.15,
subdivision 2, paragraph (b), except that the cost of medical coverage for
single adults and households without children formerly enrolled in general
assistance medical care and enrolled in MinnesotaCare in accordance with
section 256D.03, subdivision 3, paragraph (c), are excluded from the total cost
when determining the maximum premium.
(g)
"Participating employer" means an eligible employer who meets the
requirements in subdivision 3 and applies to the commissioner to enroll its
eligible employees and their dependents in the MinnesotaCare program.
(h)
"Program" means the MinnesotaCare program.
Subd.
2. Application and renewal procedures.
(a) Eligible employees and their dependents may enroll in MinnesotaCare through
their employer if their employer meets the requirements of subdivision 3. The
commissioner shall establish procedures for an eligible employer to participate
in the program. The commissioner shall provide an employer with applications
for each eligible employee. The employee must fill out the application and
submit it to the employer. The employer must submit the completed applications
to the commissioner. The commissioner shall determine eligibility for the
program and determine the premiums owed by the employer for each eligible
employee. The commissioner may require eligible employees to provide income
verification to determine premiums.
(b)
The effective date of coverage is according to section 256L.05, subdivision 3.
(c)
An employer's eligibility must be renewed every 12 months. At that time, all
eligible employees enrolled in the program regardless of their enrollment date
must reapply.
(d)
A participating employer must inform the commissioner of any changes in its
employees and premiums must be adjusted accordingly beginning the first day of
the month following the month in which the change is reported. An employer's
premiums shall not be adjusted due to a change in an employee's income until
the next renewal period. Eligible employees hired after enrollment must fill
out an application and submit the application to the commissioner. Employees
who terminate their employment with the participating employer shall remain
enrolled in the program until the last day of the month in which employment is
terminated. A terminating employee may remain in the MinnesotaCare program if
the employee meets the eligibility requirements of enrollment described in
sections 256L.01 to 256L.18.
Subd.
3. Employer requirements. In
order to participate, an eligible employer must meet the following
requirements:
(1)
agree to contribute toward the cost of the premium for the employee, the
employee's spouse, and the employee's dependents according to subdivision 4;
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(2)
certify that each eligible employee was informed of the availability of
coverage through the program and that at least 75 percent of its eligible
employees are planning to or are enrolled in the program; and
(3)
have not provided employer-subsidized health coverage as an employee benefit
during the previous 12 months, as defined in section 256L.07, subdivision 2,
paragraph (c).
Subd.
4. Premiums. (a) The premium for
coverage provided under this section is equal to the maximum premium as defined
in subdivision 1 regardless of the income of the eligible employee.
(b)
For eligible employees without dependents with a gross family income equal to
or less than 200 percent of the federal poverty guidelines or 215 percent of
the federal poverty guidelines on or after July 1, 2009, and for eligible
employees with dependents whose gross family income is equal to or less than
275 percent of the federal poverty guidelines, the participating employer shall
pay 50 percent of the premium established under paragraph (a) for the eligible
employee, the employee's spouse, and any dependents, if applicable.
(c)
For eligible employees without dependents with a gross family income over 200
percent of the federal poverty guidelines or 215 percent of the federal poverty
guidelines on or after July 1, 2009, and for eligible employees with dependents
with a gross family income over 275 percent of the federal poverty guidelines,
the participating employer shall pay the full cost of the premium established
under paragraph (a) for the eligible employee, the employee's spouse, and any
dependents, if applicable. The participating employer may require the employee
to pay a portion of the cost of the premium so long as the employer pays at
least 50 percent. If the employer requires the employee to pay a portion of the
premium, the employee shall pay the portion of the cost to the employer.
(d)
The commissioner shall collect premium payments from participating employers
for eligible employees, spouses, and dependents who are covered by the program
as provided under this section. All premiums collected shall be deposited in
the health care access fund.
(e)
Nonpayment of premiums by a participating employer will result in the
disenrollment of all eligible employees, spouses, and dependents from the
program effective the end of the month in which the premium was due.
Subd.
5. Coverage. (a) The coverage
offered to those enrolled in the program under this section shall include all
health services described under section 256L.03 and all co-payments and
coinsurance requirements under section 256L.03 shall apply except for as
provided under paragraph (b).
(b)
Notwithstanding paragraph (a), the inpatient hospital benefit annual limit in
section 256L.03, subdivision 3, does not apply to adult enrollees enrolled in
the program under this section.
Subd.
6. Enrollment. For purposes of
enrollment under this section, income eligibility limits established under
sections 256L.04 and 256L.07, asset limits established under section 256L.17,
and the barriers established under section 256L.07, subdivision 2 or 3, do not
apply to applicants eligible for this program unless specified in this section.
The residency requirement under section 256L.09 applies to this section.
Subd.
7. Outreach. The commissioner
shall provide information on the availability of this buy-in option for small
employers and application forms to entities that provide insurance information
to small employers, including, but not limited to, insurance agents and
chambers of commerce. The commissioner shall establish an assistance fee of $25
per enrolled employee for such entities that assist eligible employers and
their employees in applying to the program.
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Subd. 8. Provider payment. (a) Payment to providers under this
section shall be the same rates and conditions under section 256L.12 except
that payments for inpatient hospital services for employees without dependents
and for the adult employees with dependents with gross family incomes greater
than 200 percent of the federal poverty guidelines shall be paid according to
paragraph (b).
(b) The commissioner shall pay
hospitals the medical assistance rate for inpatient hospital services
established under section 256.969 minus the $20,000 annual inpatient benefit
limit and any applicable co-payments or coinsurance requirements.
EFFECTIVE DATE. This section is effective
January 1, 2009.
Sec. 46. HENNEPIN COUNTY PILOT PROJECT.
The commissioner of human
services shall support a pilot project in Hennepin County to demonstrate the
effectiveness of alternative strategies to redetermine eligibility for certain
recipient populations in the medical assistance program. The target populations
for the demonstration are persons who are eligible based upon disability or
age, who have chronic medical conditions, and who are expected to experience
minimal change in income or assets from month to month. The commissioner and
the county shall analyze the issues and strategies employed and the outcomes to
determine reasonable efforts to streamline eligibility statewide. The duration
of the pilot project shall be no more than two years. The commissioner shall
apply for any federal waivers needed to implement this section.
Sec. 47. PHARMACY REPORT ON DRA IMPACT.
Subdivision 1. Fiscal impact of deficit reduction act. The commissioner
of human services shall report to the legislature by January 15, 2008, with a
preliminary report due to the pharmacy payment reform advisory committee by
November 1, 2007, on the fiscal impact of Deficit Reduction Act reforms on the
Minnesota Medicaid pharmacy program, including but not limited to:
(1) overall cost reductions
to the Minnesota Medicaid pharmacy program as a result of the Deficit Reduction
Act of 2005;
(2) the impact of reforms on
the federal upper limit on pharmacy reimbursement, and the amount that the
dispensing fee for multiple-source generic drugs would have to be adjusted to
offset any reductions resulting from federal upper limits implemented as a
result of the Deficit Reduction Act of 2005;
(3) the cost of reduced
federal rebates received from pharmaceutical manufacturers as a result of
Deficit Reduction Act reforms, and strategies that could be employed in
administering the Medicaid drug formulary to compensate for lost manufacturer
rebates;
(4) a comparison of
published federal upper limits and state maximum allowable cost (MAC) prices
prior to and following implementation of the Deficit Reduction Act federal
upper limit reforms;
(5) the number of
participating pharmacies in the program as of January 1, 2007, July 1, 2007,
and November 1, 2007; and
(6) the Minnesota Medicaid
fee-for-service pharmacy program rate of generic dispensing before and after
state implementation of Deficit Reduction Act of 2005 generic reimbursement
reform.
EFFECTIVE DATE. This section is effective
the day following final enactment.
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Sec. 48. CHIROPRACTIC COVERAGE.
The commissioner of human
services, through the Health Services Policy Committee established under
Minnesota Statutes, section 256B.0625, subdivision 3c, and using existing
funding, shall study whether medical assistance coverage for chiropractic
services should be expanded to include initial and progress exams, and shall
report recommendations to the legislature by January 15, 2008.
Sec. 49. MINNESOTACARE APPLICATION PROCESSING
CENTERS.
If the commissioner of human
services establishes regional out-state processing centers for MinnesotaCare
application processing, one of the centers must be located in Granite Falls to
provide processing services to the southern portion of the state.
Sec. 50. IMPLEMENTATION.
The commissioner of human
services shall implement the amendments to Minnesota Statutes, sections
256.969, subdivision 9; 256.969, subdivision 27; and 256B.199, on the earliest
date for which the Centers for Medicare and Medicaid Services grants approval.
The commissioner may alter the reporting date for Hennepin County and Hennepin
County Medical Center in Minnesota Statutes, section 256.969, subdivision 9,
paragraph (f), clause (2), to reflect the approved effective date.
Sec. 51. REPEALER.
Minnesota Statutes 2006,
sections 256B.0631, subdivision 4; 256L.035; and 256L.07, subdivision 2a, are
repealed.
ARTICLE 6
CONTINUING CARE POLICY
Section 1. Minnesota
Statutes 2006, section 144A.351, is amended to read:
144A.351 BALANCING LONG-TERM CARE: REPORT REQUIRED.
The commissioners of health
and human services, with the cooperation of counties and regional entities,
shall prepare a report to the legislature by January August 15,
2004, and biennially thereafter, regarding the status of the full range of
long-term care services for the elderly in Minnesota. The report shall address:
(1) demographics and need
for long-term care in Minnesota;
(2) summary of county and
regional reports on long-term care gaps, surpluses, imbalances, and corrective
action plans;
(3) status of long-term care
services by county and region including:
(i) changes in availability
of the range of long-term care services and housing options;
(ii) access problems
regarding long-term care; and
(iii) comparative measures
of long-term care availability and progress over time; and
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(4) recommendations
regarding goals for the future of long-term care services, policy changes, and
resource needs.
Sec. 2. Minnesota Statutes
2006, section 252.32, subdivision 3, is amended to read:
Subd. 3. Amount of support grant; use. Support
grant amounts shall be determined by the county social service agency. Services
and items purchased with a support grant must:
(1) be over and above the
normal costs of caring for the dependent if the dependent did not have a
disability;
(2) be directly attributable
to the dependent's disabling condition; and
(3) enable the family to
delay or prevent the out-of-home placement of the dependent.
The design and delivery of
services and items purchased under this section must suit the dependent's
chronological age and be provided in the least restrictive environment
possible, consistent with the needs identified in the individual service plan.
Items and services purchased
with support grants must be those for which there are no other public or
private funds available to the family. Fees assessed to parents for health or
human services that are funded by federal, state, or county dollars are not
reimbursable through this program.
In approving or denying
applications, the county shall consider the following factors:
(1) the extent and areas of
the functional limitations of the disabled child;
(2) the degree of need in
the home environment for additional support; and
(3) the potential
effectiveness of the grant to maintain and support the person in the family
environment.
The maximum monthly grant
amount shall be $250 per eligible dependent, or $3,000 per eligible dependent
per state fiscal year, within the limits of available funds and as adjusted
by any legislatively authorized cost of living adjustment. The county
social service agency may consider the dependent's supplemental security income
in determining the amount of the support grant.
Any adjustments to their
monthly grant amount must be based on the needs of the family and funding
availability.
Sec. 3. Minnesota Statutes
2006, section 256.476, subdivision 1, is amended to read:
Subdivision 1. Purpose and goals. The commissioner of
human services shall establish a consumer support grant program for individuals
with functional limitations and their families who wish to purchase and secure
their own supports. The commissioner and local agencies shall jointly
develop an implementation plan which must include a way to resolve the issues
related to county liability. The program shall:
(1) make support grants
available to individuals or families as an effective alternative to the developmental
disability family support program, personal care attendant services, home
health aide services, and private duty nursing services;
(2) provide consumers more
control, flexibility, and responsibility over their services and supports;
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(3) promote local program
management and decision making; and
(4) encourage the use of
informal and typical community supports.
Sec. 4. Minnesota Statutes
2006, section 256.476, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this
section, the following terms have the meanings given them:
(a) "County board"
means the county board of commissioners for the county of financial
responsibility as defined in section 256G.02, subdivision 4, or its designated
representative. When a human services board has been established under sections
402.01 to 402.10, it shall be considered the county board for the purposes of
this section.
(b) "Family" means
the person's birth parents, adoptive parents or stepparents, siblings or
stepsiblings, children or stepchildren, grandparents, grandchildren, niece,
nephew, aunt, uncle, or spouse. For the purposes of this section, a family
member is at least 18 years of age.
(c) "Functional
limitations" means the long-term inability to perform an activity or task
in one or more areas of major life activity, including self-care, understanding
and use of language, learning, mobility, self-direction, and capacity for
independent living. For the purpose of this section, the inability to perform
an activity or task results from a mental, emotional, psychological, sensory,
or physical disability, condition, or illness.
(d) "Informed
choice" means a voluntary decision made by the person oder,
the person's legal representative, or other authorized representative after
becoming familiarized with the alternatives to:
(1) select a preferred
alternative from a number of feasible alternatives;
(2) select an alternative
which may be developed in the future; and
(3) refuse any or all
alternatives.
(e) "Local agency"
means the local agency authorized by the county board or, for counties not
participating in the consumer grant program by July 1, 2002, the commissioner,
to carry out the provisions of this section.
(f) "Person" or
"persons" means a person or persons meeting the eligibility criteria
in subdivision 3.
(g) "Authorized
representative" means an individual designated by the person or their
legal representative to act on their behalf. This individual may be a family
member, guardian, representative payee, or other individual designated by the
person or their legal representative, if any, to assist in purchasing and
arranging for supports. For the purposes of this section, an authorized
representative is at least 18 years of age.
(h) "Screening"
means the screening of a person's service needs under sections 256B.0911 and
256B.092.
(i) "Supports"
means services, care, aids, environmental modifications, or assistance
purchased by the person or the person's family, the person's legal
representative, or other authorized representative. Examples of supports
include respite care, assistance with daily living, and assistive technology.
For the purpose of this section, notwithstanding the provisions of section
144A.43, supports purchased under the consumer support program are not
considered home care services.
(j) "Program of
origination" means the program the individual transferred from when
approved for the consumer support grant program.
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Sec. 5. Minnesota Statutes
2006, section 256.476, subdivision 3, is amended to read:
Subd.
3. Eligibility to apply for grants.
(a) A person is eligible to apply for a consumer support grant if the person
meets all of the following criteria:
(1)
the person is eligible for and has been approved to receive services under
medical assistance as determined under sections 256B.055 and 256B.056 or the
person has been approved to receive a grant under the developmental
disability family support program under section 252.32;
(2)
the person is able to direct and purchase the person's own care and supports,
or the person has a family member, legal representative, or other authorized
representative who can purchase and arrange supports on the person's behalf;
(3)
the person has functional limitations, requires ongoing supports to live in the
community, and is at risk of or would continue institutionalization without
such supports; and
(4)
the person will live in a home. For the purpose of this section,
"home" means the person's own home or home of a person's family
member. These homes are natural home settings and are not licensed by the
Department of Health or Human Services.
(b)
Persons may not concurrently receive a consumer support grant if they are:
(1)
receiving personal care attendant and home health aide services, or private
duty nursing under section 256B.0625; a developmental disability family
support grant; or alternative care services under section 256B.0913; or
(2)
residing in an institutional or congregate care setting.
(c)
A person or person's family receiving a consumer support grant shall not be
charged a fee or premium by a local agency for participating in the program.
(d)
Individuals receiving home and community-based waivers under United States
Code, title 42, section 1396h(c), are not eligible for the consumer support
grant, except for individuals receiving consumer support grants before July 1,
2003, as long as other eligibility criteria are met.
(e)
The commissioner shall establish a budgeted appropriation each fiscal year for
the consumer support grant program. The number of individuals participating in
the program will be adjusted so the total amount allocated to counties does not
exceed the amount of the budgeted appropriation. The budgeted appropriation
will be adjusted annually to accommodate changes in demand for the consumer
support grants.
Sec.
6. Minnesota Statutes 2006, section 256.476, subdivision 4, is amended to read:
Subd.
4. Support grants; criteria and
limitations. (a) A county board may choose to participate in the consumer
support grant program. If a county has not chosen to participate by July 1,
2002, the commissioner shall contract with another county or other entity to
provide access to residents of the nonparticipating county who choose the
consumer support grant option. The commissioner shall notify the county board
in a county that has declined to participate of the commissioner's intent to
enter into a contract with another county or other entity at least 30 days in
advance of entering into the contract. The local agency shall establish written
procedures and criteria to determine the amount and use of support grants.
These procedures must include, at least, the availability of respite care,
assistance with daily living, and adaptive aids. The local agency may establish
monthly or annual maximum amounts for grants and procedures where exceptional
resources may be required to meet the health and safety needs of the person on
a time-limited basis, however, the total amount awarded to each individual may
not exceed the limits established in subdivision 11.
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(b)
Support grants to a person or a person's family, a person's legal
representative, or other authorized representative will be provided through
a monthly subsidy payment and be in the form of cash, voucher, or direct county
payment to vendor. Support grant amounts must be determined by the local
agency. Each service and item purchased with a support grant must meet all of
the following criteria:
(1)
it must be over and above the normal cost of caring for the person if the
person did not have functional limitations;
(2)
it must be directly attributable to the person's functional limitations;
(3)
it must enable the person or the person's family, a person's legal
representative, or other authorized representative to delay or prevent
out-of-home placement of the person; and
(4)
it must be consistent with the needs identified in the service agreement, when
applicable.
(c)
Items and services purchased with support grants must be those for which there
are no other public or private funds available to the person or the person's
family, a person's legal representative, or other authorized
representative. Fees assessed to the person or the person's family for
health and human services are not reimbursable through the grant.
(d)
In approving or denying applications, the local agency shall consider the
following factors:
(1)
the extent and areas of the person's functional limitations;
(2)
the degree of need in the home environment for additional support; and
(3)
the potential effectiveness of the grant to maintain and support the person in
the family environment or the person's own home.
(e)
At the time of application to the program or screening for other services, the
person or the person's family, a person's legal representative, or
other authorized representative shall be provided sufficient information to
ensure an informed choice of alternatives by the person, the person's legal
representative, or other authorized representative, if any, or the
person's family. The application shall be made to the local agency and
shall specify the needs of the person and family, the form and amount of grant
requested, the items and services to be reimbursed, and evidence of eligibility
for medical assistance.
(f)
Upon approval of an application by the local agency and agreement on a support
plan for the person or person's family, the local agency shall make grants to
the person or the person's family. The grant shall be in an amount for the
direct costs of the services or supports outlined in the service agreement.
(g)
Reimbursable costs shall not include costs for resources already available,
such as special education classes, day training and habilitation, case
management, other services to which the person is entitled, medical costs
covered by insurance or other health programs, or other resources usually
available at no cost to the person or the person's family.
(h)
The state of Minnesota, the county boards participating in the consumer support
grant program, or the agencies acting on behalf of the county boards in the
implementation and administration of the consumer support grant program shall
not be liable for damages, injuries, or liabilities sustained through the
purchase of support by the individual, the individual's family, or the
authorized representative under this section with funds received through the
consumer support grant program. Liabilities include but are not limited to:
workers' compensation liability, the Federal Insurance Contributions Act
(FICA), or the Federal Unemployment Tax Act (FUTA). For purposes of this
section, participating county boards and agencies acting on behalf of county
boards are exempt from the provisions of section 268.04.
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Sec. 7. Minnesota Statutes
2006, section 256.476, subdivision 5, is amended to read:
Subd. 5. Reimbursement, allocations, and reporting.
(a) For the purpose of transferring persons to the consumer support grant
program from the developmental disability family support program and
personal care assistant services, home health aide services, or private duty
nursing services, the amount of funds transferred by the commissioner between
the developmental disability family support program account, the medical
assistance account, or the consumer support grant account shall be based on
each county's participation in transferring persons to the consumer support
grant program from those programs and services.
(b) At the beginning of each
fiscal year, county allocations for consumer support grants shall be based on:
(1) the number of persons to
whom the county board expects to provide consumer supports grants;
(2) their eligibility for
current program and services;
(3) the amount of nonfederal
dollars allowed under subdivision 11; and
(4) projected dates when
persons will start receiving grants. County allocations shall be adjusted
periodically by the commissioner based on the actual transfer of persons or
service openings, and the nonfederal dollars associated with those persons or
service openings, to the consumer support grant program.
(c) The amount of funds
transferred by the commissioner from the medical assistance account for an
individual may be changed if it is determined by the county or its agent that
the individual's need for support has changed.
(d) The authority to utilize
funds transferred to the consumer support grant account for the purposes of
implementing and administering the consumer support grant program will not be
limited or constrained by the spending authority provided to the program of
origination.
(e) The commissioner may use
up to five percent of each county's allocation, as adjusted, for payments for
administrative expenses, to be paid as a proportionate addition to reported
direct service expenditures.
(f) The county allocation
for each individual or individual's family cannot exceed the amount allowed
under subdivision 11.
(g) The commissioner may
recover, suspend, or withhold payments if the county board, local agency, or
grantee does not comply with the requirements of this section.
(h) Grant funds unexpended
by consumers shall return to the state once a year. The annual return of
unexpended grant funds shall occur in the quarter following the end of the
state fiscal year.
Sec. 8. Minnesota Statutes
2006, section 256.476, subdivision 10, is amended to read:
Subd. 10. Consumer responsibilities. Persons
receiving grants under this section shall:
(1) spend the grant money in
a manner consistent with their agreement with the local agency;
(2) notify the local agency
of any necessary changes in the grant or the items on which it is spent;
(3) notify the local agency
of any decision made by the person, the a person's legal
representative, or the person's family or other authorized
representative that would change their eligibility for consumer support
grants;
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(4)
arrange and pay for supports; and
(5)
inform the local agency of areas where they have experienced difficulty
securing or maintaining supports.
Sec.
9. Minnesota Statutes 2006, section 256.974, is amended to read:
256.974 OFFICE OF OMBUDSMAN
FOR OLDER MINNESOTANS LONG-TERM CARE; LOCAL PROGRAMS.
The
ombudsman for older Minnesotans long-term care serves in the
classified service under section 256.01, subdivision 7, in an office within the
Minnesota Board on Aging that incorporates the long-term care ombudsman program
required by the Older Americans Act, Public Law 100-75 as amended,
United States Code, title 42, section 3027(a)(12) (9) and 3058g (a),
and established within the Minnesota Board on Aging. The Minnesota Board on
Aging may make grants to and designate local programs for the provision of
ombudsman services to clients in county or multicounty areas. The local program
may not be an agency engaged in the provision of nursing home care, hospital
care, or home care services either directly or by contract, or have the
responsibility for planning, coordinating, funding, or administering nursing
home care, hospital care, or home care services.
Sec.
10. Minnesota Statutes 2006, section 256.9741, subdivision 1, is amended to
read:
Subdivision
1. Long-term care facility.
"Long-term care facility" means a nursing home licensed under
sections 144A.02 to 144A.10 oder; a boarding care home licensed
under sections 144.50 to 144.56; or a licensed or registered residential
setting that provides or arranges for the provision of home care services.
Sec.
11. Minnesota Statutes 2006, section 256.9741, subdivision 3, is amended to
read:
Subd.
3. Client. "Client" means
an individual who requests, or on whose behalf a request is made for, ombudsman
services and is (a) a resident of a long-term care facility or (b) a Medicare
beneficiary who requests assistance relating to access, discharge, or denial of
inpatient or outpatient services, or (c) an individual reserving, receiving,
or requesting a home care service.
Sec.
12. Minnesota Statutes 2006, section 256.9742, subdivision 3, is amended to
read:
Subd.
3. Posting. Every long-term care
facility and acute care facility shall post in a conspicuous place the address
and telephone number of the office. A home care service provider shall provide
all recipients, including those in elderly housing with services under
chapter 144D, with the address and telephone number of the office. Counties
shall provide clients receiving a consumer support grant or a service
allowance long-term care consultation services under section 256B.0911
or home and community-based services through a state or federally funded
program with the name, address, and telephone number of the office. The
posting or notice is subject to approval by the ombudsman.
Sec.
13. Minnesota Statutes 2006, section 256.9742, subdivision 4, is amended to
read:
Subd.
4. Access to long-term care and acute
care facilities and clients. The ombudsman or designee may:
(1)
enter any long-term care facility without notice at any time;
(2)
enter any acute care facility without notice during normal business hours;
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(3)
enter any acute care facility without notice at any time to interview a patient
or observe services being provided to the patient as part of an investigation
of a matter that is within the scope of the ombudsman's authority, but only if
the ombudsman's or designee's presence does not intrude upon the privacy of
another patient or interfere with routine hospital services provided to any
patient in the facility;
(4)
communicate privately and without restriction with any client in accordance
with section 144.651, as long as the ombudsman has the client's consent for
such communication;
(5)
inspect records of a long-term care facility, home care service provider, or
acute care facility that pertain to the care of the client according to sections
section 144.335 and 144.651; and
(6)
with the consent of a client or client's legal guardian, the ombudsman or
designated staff shall have access to review records pertaining to the care of
the client according to sections section 144.335 and 144.651.
If a client cannot consent and has no legal guardian, access to the records is
authorized by this section.
A
person who denies access to the ombudsman or designee in violation of this
subdivision or aids, abets, invites, compels, or coerces another to do so is
guilty of a misdemeanor.
Sec.
14. Minnesota Statutes 2006, section 256.9742, subdivision 6, is amended to
read:
Subd.
6. Prohibition against discrimination or
retaliation. (a) No entity shall take discriminatory, disciplinary, or
retaliatory action against an employee or volunteer, or a patient, resident, or
guardian or family member of a patient, resident, or guardian for filing in
good faith a complaint with or providing information to the ombudsman or
designee including volunteers. A person who violates this subdivision or who
aids, abets, invites, compels, or coerces another to do so is guilty of a
misdemeanor.
(b)
There shall be a rebuttable presumption that any adverse action, as defined
below, within 90 days of report, is discriminatory, disciplinary, or
retaliatory. For the purpose of this clause, the term "adverse
action" refers to action taken by the entity involved in a report against
the person making the report or the person with respect to whom the report was
made because of the report, and includes, but is not limited to:
(1)
discharge or transfer from a facility;
(2)
termination of service;
(3)
restriction or prohibition of access to the facility or its residents;
(4)
discharge from or termination of employment;
(5)
demotion or reduction in remuneration for services; and
(6)
any restriction of rights set forth in section 144.651 oder,
144A.44, or 144A.751.
Sec.
15. Minnesota Statutes 2006, section 256.9744, subdivision 1, is amended to
read:
Subdivision
1. Classification. Except as
provided in this section, data maintained by the office under sections 256.974
to 256.9744 are private data on individuals or nonpublic data as defined in
section 13.02, subdivision 9 or 12, and must be maintained in accordance with
the requirements of Public Law 100-75 the Older Americans Act, as
amended, United States Code, title 42, section 3027(a)(12)(D)
3058g(d).
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Sec.
16. Minnesota Statutes 2006, section 256.975, is amended by adding a
subdivision to read:
Subd.
2a. Electronic meetings. (a)
Notwithstanding section 13D.01, the Minnesota Board on Aging may conduct a
meeting of its members by telephone or other electronic means so long as the
following conditions are met:
(1)
all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
(2)
members of the public present at the regular meeting location of the board can
hear all discussion and testimony and all votes of members of the board;
(3)
at least one member of the board is physically present at the regular meeting
location; and
(4)
all votes are conducted by roll call, so that each member's vote on each issue
can be identified and recorded.
(b)
Each member of the board participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of
determining a quorum and participating in all proceedings.
(c)
If telephone or other electronic means is used to conduct a meeting, the board,
to the extent practical, shall allow a person to monitor the meeting
electronically from a remote location. The board may require the person making
a connection to pay for documented marginal costs that the board incurs as a
result of the additional connection.
(d)
If telephone or other electronic means is used to conduct a regular, special,
or emergency meeting, the board shall provide notice of the regular meeting
location, of the fact that some members may participate by telephone or other
electronic means, and of the provisions of paragraph (c). The timing and method
of providing notice is governed by section 13D.04.
Sec.
17. Minnesota Statutes 2006, section 256B.0621, subdivision 11, is amended to
read:
Subd.
11. Data use agreement; Notice of
relocation assistance. The commissioner shall execute a data use
agreement with the Centers for Medicare and Medicaid Services to obtain the
long-term care minimum data set data to assist residents of nursing facilities
who have establish a process with the Centers for Independent Living
that allows a person residing in a Minnesota nursing facility to receive needed
information, consultation, and assistance from one of the centers about the
available community support options that may enable the person to relocate to
the community, if the person: (1) is under the age of 65, (2) has indicated
a desire to live in the community. The commissioner shall in turn enter into
agreements with the Centers for Independent Living to provide information about
assistance for persons who want to move to the community. The commissioner
shall work with the Centers for Independent Living on both the content of the
information to be provided and privacy protections for the individual residents,
and (3) has signed a release of information authorized by the person or the
person's appointed legal representative. The process established under this
subdivision shall be coordinated with the long-term care consultation service
activities established in section 256B.0911.
Sec.
18. Minnesota Statutes 2006, section 256B.0625, subdivision 23, is amended to
read:
Subd.
23. Day treatment services. Medical
assistance covers day treatment services as specified in sections 245.462,
subdivision 8, and 245.4871, subdivision 10, that are provided under contract
with the county board. Notwithstanding Minnesota Rules, part 9505.0323, subpart
15, the commissioner may set authorization thresholds for day treatment for
adults according to section 256B.0625, subdivision 25. Notwithstanding
Minnesota Rules, part 9505.0323, subpart 15, effective July 1, 2004,
medical assistance covers day treatment services for children as specified
under section 256B.0943.
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Sec. 19. Minnesota Statutes 2006,
section 256B.0655, subdivision 1f, is amended to read:
Subd. 1f. Personal care assistant. (a) "Personal
care assistant" means a person who:
(1) is at least 18 years old,
except for persons 16 to 18 years of age who participated in a related
school-based job training program or have completed a certified home health
aide competency evaluation;
(2) is able to effectively
communicate with the recipient and personal care provider organization;
(3) effective July 1, 1996,
has completed one of the training requirements as specified in Minnesota
Rules, part 9505.0335, subpart 3, items A to E paragraph (b);
(4) has the ability to, and
provides covered personal care assistant services according to the recipient's
care plan, responds appropriately to recipient needs, and reports changes in
the recipient's condition to the supervising qualified professional or
physician;
(5) is not a consumer of
personal care assistant services;
(6) maintains daily written
records detailing:
(i) the actual services
provided to the recipient; and
(ii) the amount of time
spent providing the services; and
(7) is subject to criminal
background checks and procedures specified in chapter 245C.
(b) Personal care assistant
training must include successful completion of one or more training
requirements in:
(1) a nursing assistant
training program or its equivalent for which competency as a nursing assistant
is determined according to a test administered by the Minnesota State Board of
Technical Colleges;
(2) a homemaker home health
aide preservice training program using a curriculum recommended by the
Department of Health;
(3) an accredited educational
program for registered nurses or licensed practical nurses;
(4) a training program that
provides the assistant with skills required to perform personal care assistant
services specified in subdivision 2, paragraph (d); or
(5) a determination by the
personal care provider that the assistant has, through training or experience,
the skills required to perform the personal care services specified in
subdivision 2.
Sec. 20. Minnesota Statutes
2006, section 256B.0655, is amended by adding a subdivision to read:
Subd. 12. Personal care provider responsibilities. The personal
care provider shall:
(1) employ or contract with
services staff to provide personal care services and to train services staff as
necessary;
(2) supervise the personal
care services as provided in subdivision 2, paragraph (f);
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(3) employ a personal care
assistant that a qualified recipient brings to the personal care provider as
the recipient's choice of assistant and who meets the employment qualifications
of the provider, except that a personal care provider who must comply with the
requirements of a governmental personnel administration system is exempt from
this clause;
(4) bill the medical
assistance program for a personal care service by the personal care assistant
and a visit by the qualified professional supervising the personal care
assistant;
(5) establish a grievance
mechanism to resolve consumer complaints about personal care services, including
the personal care provider's decision whether to employ the qualified
recipient's choice of a personal care assistant;
(6) keep records as required
in Minnesota Rules, parts 9505.2160 to 9505.2195;
(7) perform functions and
provide services specified in the personal care provider's contract;
(8) comply with applicable
rules and statutes; and
(9) perform other functions
as necessary to carry out the responsibilities in clauses (1) to (8).
Sec. 21. Minnesota Statutes 2006,
section 256B.0655, is amended by adding a subdivision to read:
Subd. 13. Personal care provider; employment prohibition. A
personal care provider shall not employ a person to provide personal care
service for a qualified recipient if the person:
(1) refuses to provide full
disclosure of criminal history records as specified in subdivision 1g, clause
(1);
(2) has been convicted of a
crime that directly relates to the occupation of providing personal care
services to a qualified recipient;
(3) has jeopardized the
health or welfare of a vulnerable adult through physical abuse, sexual abuse,
or neglect as defined in section 626.557; or
(4) is misusing or is
dependent on mood-altering chemicals, including alcohol, to the extent that the
personal care provider knows or has reason to believe that the use of chemicals
has a negative effect on the person's ability to provide personal care services
or the use of chemicals is apparent during the hours the person is providing
personal care services.
Sec. 22. Minnesota Statutes
2006, section 256B.0655, is amended by adding a subdivision to read:
Subd. 14. Supervision of personal care services. A personal care
service to a qualified recipient as described in subdivision 4 shall be under
the supervision of a qualified professional who shall have the following
duties:
(1) ensure that the personal
care assistant is capable of providing the required personal care services
through direct observation of the assistant's work or through consultation with
the qualified recipient;
(2) ensure that the personal
care assistant is knowledgeable about the plan of personal care services before
the personal care assistant performs personal care services;
(3) ensure that the personal
care assistant is knowledgeable about essential observations of the recipient's
health, and about any conditions that should be immediately brought to the
attention of either the qualified professional or the attending physician;
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(4) evaluate the personal
care services of a recipient through direct observation of the personal care
assistant's work or through consultation with the qualified recipient.
Evaluation shall be made:
(i) within 14 days after the
placement of a personal care assistant with the qualified recipient;
(ii) at least once every 30
days during the first 90 days after the qualified recipient first receives
personal care services according to the plan of personal care service; and
(iii) at least once every
120 days following the period of evaluations in item (ii). The qualified
professional shall record in writing the results of the evaluation and actions
taken to correct any deficiencies in the work of the personal care assistant;
(5) review, together with
the recipient, and revise, as necessary, the plan of personal care services at
least once every 120 days after a plan of personal care services is developed;
(6) ensure that the personal
care assistant and recipient are knowledgeable about a change in the plan of
personal care services;
(7) ensure that records are
kept, showing the services provided to the recipient by the personal care
assistant as described in subdivision 2, paragraph (f), and the time spent
providing the services;
(8) determine that a
qualified recipient is still capable of directing the recipient's own care or
has a responsible party; and
(9) determine with a
physician that a recipient is a qualified recipient.
Sec. 23. Minnesota Statutes
2006, section 256B.0911, subdivision 3b, is amended to read:
Subd. 3b. Transition assistance. (a) A long-term
care consultation team shall provide assistance to persons residing in a
nursing facility, hospital, regional treatment center, or intermediate care
facility for persons with developmental disabilities who request or are
referred for assistance. Transition assistance must include assessment,
community support plan development, referrals to Minnesota health care
programs, and referrals to programs that provide assistance with housing. Transition
assistance must also include information about the Centers for Independent
Living and about other organizations that can provide assistance with
relocation efforts, and information about contacting these organizations to
obtain their assistance and support.
(b) The county shall develop
transition processes with institutional social workers and discharge planners
to ensure that:
(1) persons admitted to
facilities receive information about transition assistance that is available;
(2) the assessment is
completed for persons within ten working days of the date of request or
recommendation for assessment; and
(3) there is a plan for
transition and follow-up for the individual's return to the community. The plan
must require notification of other local agencies when a person who may require
assistance is screened by one county for admission to a facility located in
another county.
(c) If a person who is
eligible for a Minnesota health care program is admitted to a nursing facility,
the nursing facility must include a consultation team member or the case
manager in the discharge planning process.
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Sec.
24. Minnesota Statutes 2006, section 256B.0911, subdivision 4b, is amended to
read:
Subd.
4b. Exemptions and emergency admissions.
(a) Exemptions from the federal screening requirements outlined in subdivision
4a, paragraphs (b) and (c), are limited to:
(1)
a person who, having entered an acute care facility from a certified nursing
facility, is returning to a certified nursing facility;
(2)
a person transferring from one certified nursing facility in Minnesota to
another certified nursing facility in Minnesota; and
(3)
a person, 21 years of age or older, who satisfies the following criteria, as
specified in Code of Federal Regulations, title 42, section 483.106(b)(2):
(i)
the person is admitted to a nursing facility directly from a hospital after
receiving acute inpatient care at the hospital;
(ii)
the person requires nursing facility services for the same condition for which
care was provided in the hospital; and
(iii)
the attending physician has certified before the nursing facility admission
that the person is likely to receive less than 30 days of nursing facility
services.
(b)
Persons who are exempt from preadmission screening for purposes of level of
care determination include:
(1)
persons described in paragraph (a);
(2)
an individual who has a contractual right to have nursing facility care paid for
indefinitely by the veterans' administration;
(3)
an individual enrolled in a demonstration project under section 256B.69,
subdivision 8, at the time of application to a nursing facility; and
(4)
an individual currently being served under the alternative care program or
under a home and community-based services waiver authorized under section
1915(c) of the federal Social Security Act; and.
(5)
individuals admitted to a certified nursing facility for a short-term stay,
which is expected to be 14 days or less in duration based upon a physician's
certification, and who have been assessed and approved for nursing facility
admission within the previous six months. This exemption applies only if the
consultation team member determines at the time of the initial assessment of
the six-month period that it is appropriate to use the nursing facility for
short-term stays and that there is an adequate plan of care for return to the
home or community-based setting. If a stay exceeds 14 days, the individual must
be referred no later than the first county working day following the 14th
resident day for a screening, which must be completed within five working days
of the referral. The payment limitations in subdivision 7 apply to an
individual found at screening to not meet the level of care criteria for
admission to a certified nursing facility.
(c)
Persons admitted to a Medicaid-certified nursing facility from the community on
an emergency basis as described in paragraph (d) or from an acute care facility
on a nonworking day must be screened the first working day after admission.
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(d) Emergency admission to a
nursing facility prior to screening is permitted when all of the following
conditions are met:
(1) a person is admitted
from the community to a certified nursing or certified boarding care facility
during county nonworking hours;
(2) a physician has
determined that delaying admission until preadmission screening is completed
would adversely affect the person's health and safety;
(3) there is a recent
precipitating event that precludes the client from living safely in the
community, such as sustaining an injury, sudden onset of acute illness, or a
caregiver's inability to continue to provide care;
(4) the attending physician
has authorized the emergency placement and has documented the reason that the
emergency placement is recommended; and
(5) the county is contacted
on the first working day following the emergency admission.
Transfer of a patient from
an acute care hospital to a nursing facility is not considered an emergency
except for a person who has received hospital services in the following
situations: hospital admission for observation, care in an emergency room without
hospital admission, or following hospital 24-hour bed care.
(e) A nursing facility must
provide a written notice to persons who satisfy the criteria in
paragraph (a), clause (3), information to all persons admitted regarding
the person's right to request and receive long-term care consultation services
as defined in subdivision 1a. The notice information must be
provided prior to the person's discharge from the facility and in a format
specified by the commissioner.
Sec. 25. Minnesota Statutes
2006, section 256B.0911, subdivision 4c, is amended to read:
Subd. 4c. Screening requirements. (a) A person
may be screened for nursing facility admission by telephone or in a
face-to-face screening interview. Consultation team members shall identify each
individual's needs using the following categories:
(1) the person needs no
face-to-face screening interview to determine the need for nursing facility
level of care based on information obtained from other health care
professionals;
(2) the person needs an
immediate face-to-face screening interview to determine the need for nursing
facility level of care and complete activities required under subdivision 4a;
or
(3) the person may be exempt
from screening requirements as outlined in subdivision 4b, but will need transitional
assistance after admission or in-person follow-along after a return home.
(b) Persons admitted on a
nonemergency basis to a Medicaid-certified nursing facility must be screened
prior to admission.
(c) The long-term care
consultation team shall recommend a case mix classification for persons
admitted to a certified nursing facility when sufficient information is
received to make that classification. The nursing facility is authorized to
conduct all case mix assessments for persons who have been screened prior to
admission for whom the county did not recommend a case mix classification. The
nursing facility is authorized to conduct all case mix assessments for persons
admitted to the facility prior to a preadmission screening. The county retains the
responsibility of distributing appropriate case mix forms to the nursing
facility.
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(d) (c) The county screening or
intake activity must include processes to identify persons who may require
transition assistance as described in subdivision 3b.
Sec.
26. Minnesota Statutes 2006, section 256B.0911, subdivision 6, is amended to
read:
Subd.
6. Payment for long-term care
consultation services. (a) The total payment for each county must be paid
monthly by certified nursing facilities in the county. The monthly amount to be
paid by each nursing facility for each fiscal year must be determined by
dividing the county's annual allocation for long-term care consultation
services by 12 to determine the monthly payment and allocating the monthly
payment to each nursing facility based on the number of licensed beds in the
nursing facility. Payments to counties in which there is no certified nursing
facility must be made by increasing the payment rate of the two facilities
located nearest to the county seat.
(b)
The commissioner shall include the total annual payment determined under
paragraph (a) for each nursing facility reimbursed under section 256B.431 or
256B.434 according to section 256B.431, subdivision 2b, paragraph (g), or
256B.435.
(c)
In the event of the layaway, delicensure and decertification, or removal from
layaway of 25 percent or more of the beds in a facility, the commissioner may
adjust the per diem payment amount in paragraph (b) and may adjust the monthly
payment amount in paragraph (a). The effective date of an adjustment made under
this paragraph shall be on or after the first day of the month following the
effective date of the layaway, delicensure and decertification, or removal from
layaway.
(d)
Payments for long-term care consultation services are available to the county
or counties to cover staff salaries and expenses to provide the services
described in subdivision 1a. The county shall employ, or contract with other
agencies to employ, within the limits of available funding, sufficient
personnel to provide long-term care consultation services while meeting the
state's long-term care outcomes and objectives as defined in section 256B.0917,
subdivision 1. The county shall be accountable for meeting local objectives as
approved by the commissioner in the biennial home and community-based services
quality assurance plan on a form provided by the commissioner.
(e)
Notwithstanding section 256B.0641, overpayments attributable to payment of the
screening costs under the medical assistance program may not be recovered from
a facility.
(f)
The commissioner of human services shall amend the Minnesota medical assistance
plan to include reimbursement for the local consultation teams.
(g)
The county may bill, as case management services, assessments, support
planning, and follow-along provided to persons determined to be eligible for
case management under Minnesota health care programs. No individual or family
member shall be charged for an initial assessment or initial support plan
development provided under subdivision 3a or 3b.
Sec.
27. Minnesota Statutes 2006, section 256B.0911, is amended by adding a
subdivision to read:
Subd.
6a. Withholding. If any provider
obligated to pay the long-term care consultation amount as described in
subdivision 6 is more than two months delinquent in the timely payment of the
monthly installment, the commissioner may withhold payments, penalties, and
interest in accordance with the methods outlined in section 256.9657,
subdivision 7a. Any amount withheld under this provision must be returned to
the county to whom the delinquent payments were due.
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Sec. 28. Minnesota Statutes
2006, section 256B.0911, subdivision 7, is amended to read:
Subd. 7. Reimbursement for certified nursing
facilities. (a) Medical assistance reimbursement for nursing facilities shall
be authorized for a medical assistance recipient only if a preadmission
screening has been conducted prior to admission or the county has authorized an
exemption. Medical assistance reimbursement for nursing facilities shall not be
provided for any recipient who the local screener has determined does not meet
the level of care criteria for nursing facility placement or, if indicated, has
not had a level II OBRA evaluation as required under the federal Omnibus Budget
Reconciliation Act of 1987 completed unless an admission for a recipient with
mental illness is approved by the local mental health authority or an admission
for a recipient with developmental disability is approved by the state
developmental disability authority.
(b) The nursing facility must
not bill a person who is not a medical assistance recipient for resident days
that preceded the date of completion of screening activities as required under
subdivisions 4a, 4b, and 4c. The nursing facility must include unreimbursed
resident days in the nursing facility resident day totals reported to the
commissioner.
(c) The commissioner shall
make a request to the Centers for Medicare and Medicaid Services for a waiver
allowing team approval of Medicaid payments for certified nursing facility
care. An individual has a choice and makes the final decision between nursing
facility placement and community placement after the screening team's
recommendation, except as provided in subdivision 4a, paragraph (c).
Sec. 29. Minnesota Statutes
2006, section 256B.0913, subdivision 4, is amended to read:
Subd. 4. Eligibility for funding for services for
nonmedical assistance recipients. (a) Funding for services under the
alternative care program is available to persons who meet the following
criteria:
(1) the person has been
determined by a community assessment under section 256B.0911 to be a person who
would require the level of care provided in a nursing facility, but for the
provision of services under the alternative care program;
(2) the person is age 65 or
older;
(3) the person would be
eligible for medical assistance within 135 days of admission to a nursing
facility;
(4) the person is not
ineligible for the payment of long-term care services by the medical assistance
program due to an asset transfer penalty under section 256B.0595 or equity
interest in the home exceeding $500,000 as stated in section 256B.056;
(5) the person needs
long-term care services that are not funded through other state or federal
funding;
(6) the monthly cost of the
alternative care services funded by the program for this person does not exceed
75 percent of the monthly limit described under section 256B.0915, subdivision
3a. This monthly limit does not prohibit the alternative care client from
payment for additional services, but in no case may the cost of additional
services purchased under this section exceed the difference between the
client's monthly service limit defined under section 256B.0915, subdivision 3,
and the alternative care program monthly service limit defined in this
paragraph. If medical care-related supplies and equipment or
environmental modifications and adaptations are or will be purchased for
an alternative care services recipient, the costs may be prorated on a monthly
basis for up to 12 consecutive months beginning with the month of purchase. If
the monthly cost of a recipient's other alternative care services exceeds the
monthly limit established in this paragraph, the annual cost of the alternative
care services shall be determined. In this event, the annual cost of
alternative care services shall not exceed 12 times the monthly limit described
in this paragraph; and
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(7) the person is making
timely payments of the assessed monthly fee.
A person is ineligible if
payment of the fee is over 60 days past due, unless the person agrees to:
(i) the appointment of a
representative payee;
(ii) automatic payment from
a financial account;
(iii) the establishment of
greater family involvement in the financial management of payments; or
(iv) another method
acceptable to the county lead agency to ensure prompt fee
payments.
The county shall
lead agency may extend the client's eligibility as necessary while making
arrangements to facilitate payment of past-due amounts and future premium
payments. Following disenrollment due to nonpayment of a monthly fee,
eligibility shall not be reinstated for a period of 30 days.
(b) Alternative care funding
under this subdivision is not available for a person who is a medical
assistance recipient or who would be eligible for medical assistance without a
spenddown or waiver obligation. A person whose initial application for medical
assistance and the elderly waiver program is being processed may be served
under the alternative care program for a period up to 60 days. If the
individual is found to be eligible for medical assistance, medical assistance
must be billed for services payable under the federally approved elderly waiver
plan and delivered from the date the individual was found eligible for the
federally approved elderly waiver plan. Notwithstanding this provision,
alternative care funds may not be used to pay for any service the cost of
which: (i) is payable by medical assistance; (ii) is used by a recipient
to meet a waiver obligation; or (iii) is used to pay a medical assistance
income spenddown for a person who is eligible to participate in the federally
approved elderly waiver program under the special income standard provision.
(c) Alternative care funding
is not available for a person who resides in a licensed nursing home, certified
boarding care home, hospital, or intermediate care facility, except for case
management services which are provided in support of the discharge planning
process for a nursing home resident or certified boarding care home resident to
assist with a relocation process to a community-based setting.
(d) Alternative care funding
is not available for a person whose income is greater than the maintenance
needs allowance under section 256B.0915, subdivision 1d, but equal to or less
than 120 percent of the federal poverty guideline effective July 1 in the
fiscal year for which alternative care eligibility is determined, who would
be eligible for the elderly waiver with a waiver obligation.
Sec. 30. Minnesota Statutes
2006, section 256B.0913, subdivision 5, is amended to read:
Subd. 5. Services covered under alternative care.
Alternative care funding may be used for payment of costs of:
(1) adult day care;
(2) home health aide;
(3) homemaker services;
(4) personal care;
(5) case management;
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(6) respite care;
(7) care-related supplies
and equipment;
(8) meals delivered to the
home;
(9) nonmedical transportation;
(10) nursing services;
(11) chore services;
(12) companion services;
(13) nutrition services;
(14) training for direct
informal caregivers;
(15) telehome care to provide
services in their own homes in conjunction with in-home visits;
(16) discretionary
services, for which counties may make payment from their alternative care
program allocation or services not otherwise defined in this section or section
256B.0625, following approval by the commissioner consumer-directed
community services under the alternative care programs which are available
statewide and limited to the average monthly expenditures representative of all
alternative care program participants for the same case mix resident class
assigned in the most recent fiscal year for which complete expenditure data is
available;
(17) environmental
modifications and adaptations; and
(18) direct cash payments
for which counties may make payment from their alternative care program
allocation to clients for the purpose of purchasing services, following
approval by the commissioner, and subject to the provisions of subdivision 5h,
until approval and implementation of consumer-directed services through the
federally approved elderly waiver plan. Upon implementation, consumer-directed
services under the alternative care program are available statewide and limited
to the average monthly expenditures representative of all alternative care
program participants for the same case mix resident class assigned in the most
recent fiscal year for which complete expenditure data is available
discretionary services, for which lead agencies may make payment from their
alternative care program allocation for services not otherwise defined in this
section or section 256B.0625, following approval by the commissioner.
Total annual payments for
discretionary services and direct cash payments, until the federally
approved consumer-directed service option is implemented statewide, for all
clients within a county may served by a lead agency must not
exceed 25 percent of that county's lead agency's annual
alternative care program base allocation. Thereafter, discretionary services
are limited to 25 percent of the county's annual alternative care program base
allocation.
Sec. 31. Minnesota Statutes
2006, section 256B.0913, subdivision 5a, is amended to read:
Subd. 5a. Services; service definitions; service
standards. (a) Unless specified in statute, the services, service
definitions, and standards for alternative care services shall be the same as
the services, service definitions, and standards specified in the federally
approved elderly waiver plan, except for alternative care does not
cover transitional support services, assisted living services, adult foster
care services, and residential care Dienstleistungen and benefits defined
under section 256B.0625 that meet primary and acute health care needs.
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(b) The county
lead agency must ensure that the funds are not used to supplant or
supplement services available through other public assistance or services
programs., including supplementation of client co-pays, deductibles,
premiums, or other cost-sharing arrangements for health-related benefits and
services or entitlement programs and services that are available to the person,
but in which they have elected not to enroll. For a provider of supplies
and equipment when the monthly cost of the supplies and equipment is less than
$250, persons or agencies must be employed by or under a contract with the county
lead agency or the public health nursing agency of the local board of
health in order to receive funding under the alternative care program. Supplies
and equipment may be purchased from a vendor not certified to participate in
the Medicaid program if the cost for the item is less than that of a Medicaid
vendor.
(c) Personal care services
must meet the service standards defined in the federally approved elderly
waiver plan, except that a county lead agency may contract with a
client's relative who meets the relative hardship waiver requirements or a
relative who meets the criteria and is also the responsible party under an
individual service plan that ensures the client's health and safety and
supervision of the personal care services by a qualified professional as
defined in section 256B.0625, subdivision 19c. Relative hardship is established
by the county lead agency when the client's care causes a
relative caregiver to do any of the following: resign from a paying job, reduce
work hours resulting in lost wages, obtain a leave of absence resulting in lost
wages, incur substantial client-related expenses, provide services to address
authorized, unstaffed direct care time, or meet special needs of the client
unmet in the formal service plan.
Sec. 32. Minnesota Statutes
2006, section 256B.0913, subdivision 8, is amended to read:
Subd. 8. Requirements for individual care plan.
(a) The case manager shall implement the plan of care for each alternative care
client and ensure that a client's service needs and eligibility are reassessed
at least every 12 months. The plan shall include any services prescribed by the
individual's attending physician as necessary to allow the individual to remain
in a community setting. In developing the individual's care plan, the case
manager should include the use of volunteers from families and neighbors,
religious organizations, social clubs, and civic and service organizations to
support the formal home care services. The county lead agency
shall be held harmless for damages or injuries sustained through the use of
volunteers under this subdivision including workers' compensation liability.
The county of service case manager shall provide documentation in
each individual's plan of care and, if requested, to the commissioner that the
most cost-effective alternatives available have been offered to the individual
and that the individual was free to choose among available qualified providers,
both public and private, including qualified case management or service
coordination providers other than those employed by any county; however, the
county or tribe maintains responsibility for prior authorizing services in
accordance with statutory and administrative requirements. The case manager
must give the individual a ten-day written notice of any denial, termination,
or reduction of alternative care services.
(b) The county of service
or tribe must provide access to and arrange for case management services,
including assuring implementation of the plan. "County of service"
has the meaning given it in Minnesota Rules, part 9505.0015, subpart 11. The
county of service must notify the county of financial responsibility of the
approved care plan and the amount of encumbered funds.
Sec. 33. Minnesota Statutes
2006, section 256B.0913, subdivision 9, is amended to read:
Subd. 9. Contracting provisions for providers.
Alternative care funds paid to service providers are subject to audit by the commissioner
for fiscal and utilization control.
The lead agency must select
providers for contracts or agreements using the following criteria and other
criteria established by the county lead agency:
(1) the need for the
particular services offered by the provider;
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(2) the population to be
served, including the number of clients, the length of time services will be
provided, and the medical condition of clients;
(3) the geographic area to
be served;
(4) quality assurance
methods, including appropriate licensure, certification, or standards, and
supervision of employees when needed;
(5) rates for each service
and unit of service exclusive of county lead agency administrative
costs;
(6) evaluation of services
previously delivered by the provider; and
(7) contract or agreement
conditions, including billing requirements, cancellation, and indemnification.
The county lead
agency must evaluate its own agency services under the criteria established
for other providers.
Sec. 34. Minnesota Statutes
2006, section 256B.0913, subdivision 10, is amended to read:
Subd. 10. Allocation formula. (a) The alternative
care appropriation for fiscal years 1992 and beyond shall cover only
alternative care eligible clients. By July 1 15 of each year,
the commissioner shall allocate to county agencies the state funds available
for alternative care for persons eligible under subdivision 2.
(b) The adjusted base for
each county lead agency is the county's lead agency's
current fiscal year base allocation plus any targeted funds approved during the
current fiscal year. Calculations for paragraphs (c) and (d) are to be made as
follows: for each county lead agency, the determination of
alternative care program expenditures shall be based on payments for services
rendered from April 1 through March 31 in the base year, to the extent that
claims have been submitted and paid by June 1 of that year.
(c) If the alternative care
program expenditures as defined in paragraph (b) are 95 percent or more of the county's
lead agency's adjusted base allocation, the allocation for the next fiscal
year is 100 percent of the adjusted base, plus inflation to the extent that
inflation is included in the state budget.
(d) If the alternative care
program expenditures as defined in paragraph (b) are less than 95 percent of
the county's lead agency's adjusted base allocation, the
allocation for the next fiscal year is the adjusted base allocation less the
amount of unspent funds below the 95 percent level.
(e) If the annual
legislative appropriation for the alternative care program is inadequate to
fund the combined county lead agency allocations for a biennium,
the commissioner shall distribute to each county lead agency the
entire annual appropriation as that county's lead agency's
percentage of the computed base as calculated in paragraphs (c) and (d).
(f) On agreement between the
commissioner and the lead agency, the commissioner may have discretion to
reallocate alternative care base allocations distributed to lead agencies in
which the base amount exceeds program expenditures.
Sec. 35. Minnesota Statutes
2006, section 256B.0913, subdivision 11, is amended to read:
Subd. 11. Targeted funding. (a) The purpose of
targeted funding is to make additional money available to counties
lead agencies with the greatest need. Targeted funds are not intended to be
distributed equitably among all counties lead agencies, but
rather, allocated to those with long-term care strategies that meet state
goals.
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