1.1A bill for an act
1.2relating to legislative enactments; correcting erroneous, ambiguous, and
1.3omitted text and obsolete references; removing redundant, conflicting, and
1.4superseded provisions; making miscellaneous corrections to laws, statutes,
1.5and rules;amending Minnesota Statutes 2012, sections 13.08, subdivision 4;
1.613.3806, by adding a subdivision; 13.383, subdivision 11a; 13.461, subdivision
1.72; 13.7191, subdivision 14; 13.7905, by adding a subdivision; 13.7931, by
1.8adding a subdivision; 13.82, subdivision 5; 13B.06, subdivisions 4, 7; 13B.07,
1.9subdivision 7; 14.57; 14.63; 15A.0815, subdivision 1; 15B.155, subdivision 4;
1.1016A.727; 16A.965, subdivision 2; 28.04; 28A.0752, subdivision 1; 28A.085,
1.11subdivision 1; 29.21, subdivision 1; 29.22, subdivision 5; 31.02; 31.095; 31.15;
1.1231.51, subdivision 1; 31.56, subdivision 1; 31.59, subdivision 1; 31.632;
1.1331.671; 82.67, subdivision 1; 116.182, subdivision 5; 124D.111, subdivision 1;
1.14126C.05, subdivision 15; 144.10; 144.125, subdivision 7; 144.56, subdivision 2;
1.15148.65, subdivision 4; 148.741; 148B.591; 148D.061, subdivision 1; 150A.06,
1.16subdivision 2c; 169.011, by adding a subdivision; 216B.16, subdivision 6b;
1.17216B.164, subdivision 9; 232.20; 232.21, subdivision 1; 232.24; 243.1606,
1.18subdivision 1; 245D.03, subdivision 2; 252.27, subdivision 2a; 256B.055,
1.19subdivision 1; 256B.0595, subdivision 4; 256J.21, subdivision 2; 256J.24,
1.20subdivision 3; 257.0755, subdivision 3; 257.0769, subdivision 1; 259.22,
1.21subdivision 4; 259.35, subdivision 1; 259.85, subdivision 1; 260C.007,
1.22subdivisions 6, 8; 260C.178, subdivision 1; 260C.503, subdivision 2; 272.488,
1.23subdivision 2; 275.066; 297E.021, subdivision 4; 299A.642, subdivision 4;
1.24299A.78, subdivision 1; 299L.02, by adding a subdivision; 308A.931, subdivision
1.252; 336.9-313; 360.046, subdivision 1; 383A.13, subdivision 4; 390.32,
1.26subdivision 9; 463.04; 465.05; 469.169, subdivisions 12, 14, 15, 16, 17, 18;
1.27469.1763, subdivision 2; 471.982, subdivision 3; 473J.14; 504B.285, subdivision
1.281c; 518B.02, subdivision 3; 524.3-803; 580.041, subdivision 2a; 609.233,
1.29subdivision 1a; 609B.445; 611A.02, subdivisions 2, 3; 611A.201, subdivisions 1,
1.302, 5; 611A.37, subdivisions 2, 3; 611A.373; 611A.46; 611A.77, subdivisions 1,
1.312, 3; 626.556, subdivision 2; 626.9517, subdivision 1; 629.341, subdivision 4;
1.32Laws 2010, chapter 375, section 11; Laws 2012, chapter 199, section 6; Laws
1.332012, chapter 293, section 13, subdivision 3; repealing Minnesota Statutes 2012,
1.34sections 2.031, subdivision 2; 2.444; 2.484; 13.717, subdivisions 6, 7; 260C.301,
1.35subdivision 3; 325E.3161; 473.618; Laws 2007, chapter 85, section 3; Laws 2012,
1.36chapter 216, article 9, section 4; Minnesota Rules, part 7200.0100, subpart 3a.
1.37BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1ARTICLE 1
2.2MISCELLANEOUS CORRECTIONS

2.3    Section 1. Minnesota Statutes 2012, section 13.08, subdivision 4, is amended to read:
2.4    Subd. 4. Action to compel compliance. (a) Actions to compel compliance may be
2.5brought either under this subdivision or section 13.085. For actions under this subdivision,
2.6in addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
2.7person seeking to enforce the person's rights under this chapter or obtain access to data
2.8may bring an action in district court to compel compliance with this chapter and may
2.9recover costs and disbursements, including reasonable attorney's fees, as determined by
2.10the court. If the court determines that an action brought under this subdivision is frivolous
2.11and without merit and a basis in fact, it may award reasonable costs and attorney fees to
2.12the responsible authority. If the court issues an order to compel compliance under this
2.13subdivision, the court may impose a civil penalty of up to $1,000 against the government
2.14entity. This penalty is payable to the state general fund and is in addition to damages
2.15under subdivision 1. The matter shall be heard as soon as possible. In an action involving
2.16a request for government data under section 13.03 or 13.04, the court may inspect in
2.17camera the government data in dispute, but shall conduct its hearing in public and in a
2.18manner that protects the security of data classified as not public. If the court issues an
2.19order to compel compliance under this subdivision, the court shall forward a copy of the
2.20order to the commissioner of administration.
2.21    (b) In determining whether to assess a civil penalty under this subdivision, the court
2.22or other tribunal shall consider whether the government entity has substantially complied
2.23with general data practices under this chapter, including but not limited to, whether the
2.24government entity has:
2.25    (1) designated a responsible authority under section 13.02, subdivision 16;
2.26    (2) designated a data practices compliance official under section 13.05, subdivision
2.2713
;
2.28    (3) prepared the public document data inventory that names the responsible authority
2.29and describes the records and data on individuals that are maintained by the government
2.30entity under section 13.05 13.025, subdivision 1;
2.31    (4) developed public access procedures under section 13.03, subdivision 2;
2.32procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
2.33procedures to ensure that data on individuals are accurate and complete and to safeguard
2.34the data's security under section 13.05, subdivision 5;
3.1    (5) acted in conformity with an opinion issued under section 13.072 that was sought
3.2by a government entity or another person; or
3.3    (6) provided ongoing training to government entity personnel who respond to
3.4requests under this chapter.
3.5    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
3.6brought an action under this subdivision if the government entity that is the defendant in
3.7the action was also the subject of a written opinion issued under section 13.072 and the
3.8court finds that the opinion is directly related to the cause of action being litigated and that
3.9the government entity did not act in conformity with the opinion.

3.10    Sec. 2. Minnesota Statutes 2012, section 13.82, subdivision 5, is amended to read:
3.11    Subd. 5. Domestic abuse data. The written police report required by section
3.12629.341, subdivision 4 , of an alleged incident described in section 629.341, subdivision
3.131
, and arrest data, request for service data, and response or incident data described in
3.14subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
3.15an order for protection must be released upon request at no cost to the victim of domestic
3.16abuse, the victim's attorney, or an organization designated by the Minnesota Center for
3.17Crime Victims Services, the Department of Corrections, or the Office of Justice Programs
3.18in the Department of Public Safety as providing services to victims of domestic abuse.
3.19The executive director or the commissioner of the appropriate state agency shall develop
3.20written criteria for this designation in consultation with the Advisory Council on Battered
3.21Women and Domestic Abuse.

3.22    Sec. 3. Minnesota Statutes 2012, section 13B.06, subdivision 4, is amended to read:
3.23    Subd. 4. Method to provide data. To comply with the requirements of this section,
3.24a financial institution may either:
3.25(1) provide to the public authority a list containing only the names and other
3.26necessary personal identifying information of all account holders for the public authority
3.27to compare against its list of child support obligors for the purpose of identifying which
3.28obligors maintain an account at the financial institution; the names of the obligors who
3.29maintain an account at the institution shall then be transmitted to the financial institution
3.30which shall provide the public authority with account information on those obligors; or
3.31(2) obtain a list of child support obligors from the public authority and compare that
3.32data to the data maintained at the financial institution to identify which of the identified
3.33obligors maintains an account at the financial institution.
4.1A financial institution shall elect either method in writing upon written request of the
4.2public authority, and the election remains in effect unless the public authority agrees in
4.3writing to a change.
4.4The commissioner shall keep track of the number of financial institutions that elect
4.5to report under clauses (1) and (2) respectively and shall report this information to the
4.6legislature by December 1, 1999.

4.7    Sec. 4. Minnesota Statutes 2012, section 13B.06, subdivision 7, is amended to read:
4.8    Subd. 7. Fees. A financial institution may charge and collect a fee from the public
4.9authority for providing account information to the public authority. The commissioner
4.10may pay a financial institution up to $150 each quarter if the commissioner and the
4.11financial institution have entered into a signed agreement that complies with federal law.
4.12The commissioner shall develop procedures for the financial institutions to charge and
4.13collect the fee. Payment of the fee is limited by the amount of the appropriation for this
4.14purpose. If the appropriation is insufficient, or if fund availability in the fourth quarter
4.15would allow payments for actual costs in excess of $150, the commissioner shall prorate
4.16the available funds among the financial institutions that have submitted a claim for the
4.17fee. No financial institution shall charge or collect a fee that exceeds its actual costs
4.18of complying with this section. The commissioner, together with an advisory group
4.19consisting of representatives of the financial institutions in the state, shall evaluate whether
4.20the fee paid to financial institutions compensates them for their actual costs, including
4.21start-up costs, of complying with this section and shall submit a report to the legislature by
4.22July 1, 2002, with a recommendation for retaining or modifying the fee.

4.23    Sec. 5. Minnesota Statutes 2012, section 13B.07, subdivision 7, is amended to read:
4.24    Subd. 7. Fees. A financial institution may charge and collect a fee from the
4.25commissioner for providing account information to the commissioner. The commissioner
4.26may pay a financial institution up to $150 each quarter. The commissioner shall develop
4.27procedures for the financial institutions to charge and collect the fee. Payment of the fee
4.28is limited by the amount of the appropriation for this purpose. If the appropriation is
4.29insufficient, or if fund availability in the fourth quarter would allow payments for actual
4.30costs in excess of $150, the commissioner shall prorate the available funds among the
4.31financial institutions that have submitted a claim for the fee. No financial institution
4.32shall charge or collect a fee that exceeds its actual costs of complying with this section.
4.33The commissioner, together with an advisory group consisting of representatives of
4.34the financial institutions in the state, shall evaluate whether the fees paid to financial
5.1institutions compensate them for their actual costs, including start-up costs, of complying
5.2with this section, and shall evaluate whether the amount appropriated to the commissioner
5.3for the costs of administering the data match system compensates the commissioner for
5.4the costs incurred by the department. The advisory group shall submit a report to the
5.5legislature by February 1, 2009, with a recommendation for retaining or modifying the fee.

5.6    Sec. 6. Minnesota Statutes 2012, section 14.57, is amended to read:
5.714.57 INITIATION; DECISION; AGREEMENT TO ARBITRATE.
5.8(a) An agency shall initiate a contested case proceeding when one is required by
5.9law. Unless otherwise provided by law, an agency shall decide a contested case only in
5.10accordance with the contested case procedures of the Administrative Procedure Act. Upon
5.11initiation of a contested case proceeding, an agency may, by order, provide that the report
5.12or order of the administrative law judge constitutes the final decision in the case.
5.13(b) As an alternative to initiating or continuing with a contested case proceeding, the
5.14parties, subsequent to agency approval, may enter into a written agreement to submit the
5.15issues raised to arbitration by an administrative law judge according to sections 572.08
5.16
572B.01 to 572.30 572B.31.

5.17    Sec. 7. Minnesota Statutes 2012, section 14.63, is amended to read:
5.1814.63 APPLICATION.
5.19Any person aggrieved by a final decision in a contested case is entitled to judicial
5.20review of the decision under the provisions of sections 14.63 to 14.68, but nothing in
5.21sections 14.63 to 14.68 shall be deemed to prevent resort to other means of review, redress,
5.22relief, or trial de novo provided by law. A petition for a writ of certiorari by an aggrieved
5.23person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
5.24Appeals and served on the agency not more than 30 days after the party receives the final
5.25decision and order of the agency. Sections 572.08 572B.01 to 572.30 572B.31 govern
5.26judicial review of arbitration awards entered under section 14.57.

5.27    Sec. 8. Minnesota Statutes 2012, section 15A.0815, subdivision 1, is amended to read:
5.28    Subdivision 1. Salary limits. The governor or other appropriate appointing
5.29authority shall set the salary rates for positions listed in this section within the salary
5.30limits listed in subdivisions 2 to 4, subject to approval of the Legislative Coordinating
5.31Commission and the legislature as provided by subdivision 5 and sections section 3.855
5.32and 15A.081, subdivision 7b.

6.1    Sec. 9. Minnesota Statutes 2012, section 15B.155, subdivision 4, is amended to read:
6.2    Subd. 4. Duties of commissioner. (a) By January 15, 2013, the commissioner
6.3of administration shall submit a space recommendation report to the majority leader
6.4of the senate, the speaker of the house, and the chairs of the legislative committees
6.5with primary jurisdiction over the Capitol Area Architectural and Planning Board. The
6.6space recommendation report shall identify appropriate and required functions of the
6.7Capitol building and make recommendations to address space requirements for the
6.8tenants currently located in the Capitol building for the effective and efficient function
6.9of state government. In preparing the report, the commissioner shall consult with the
6.10Capitol Preservation Commission and representatives designated by the governor, the
6.11secretary of the senate, the chief clerk of the house of representatives, the director of the
6.12Minnesota Historical Society, and the state court administrator. Before the appropriations
6.13in subdivision 2 Laws 2012, chapter 293, section 13, subdivision 3, paragraph (a), clauses
6.14(4) and (5), may be spent, the recommendations in the report must be approved by the
6.15governor, the secretary of the senate, and the chief clerk of the house of representatives.
6.16(b) By July 15, 2013, the commissioner shall submit a report describing final plans
6.17and specifications for the restoration of the Capitol building to the majority leader of the
6.18senate, the speaker of the house, and to the chairs of the committees in the senate and
6.19house of representatives with primary jurisdiction over the Capitol Area Architectural and
6.20Planning Board. Before the appropriations in subdivision 2 Laws 2012, chapter 293,
6.21section 13, subdivision 3, paragraph (a), clauses (4) and (5), may be spent, the plans and
6.22specifications must be approved by the governor, the secretary of the senate, and the
6.23chief clerk of the house of representatives.
6.24(c) Notwithstanding sections 16C.05, subdivision 2, paragraph (b); and 16C.08,
6.25subdivision 3, clause (5), the commissioner of administration may enter into consultant
6.26and construction contracts on the Capitol restoration and repair project with a term of
6.27up to ten years.
6.28(d) Notwithstanding section 16B.31, subdivision 2, the commissioner of
6.29administration may proceed with the Capitol restoration and repair project before
6.30obtaining an appropriation to complete the entire project.
6.31(e) On or before December 1 of each year until final completion of the restoration
6.32project, the commissioner of administration shall submit in writing to the governor, chairs
6.33of the senate Finance and Capital Investment Committees, and chairs of the house of
6.34representatives Ways and Means and Capital Investment Committees the estimated annual
6.35amount needed for the restoration project for the upcoming fiscal year. The construction
6.36manager and the commissioner shall enter into a guaranteed maximum price contract. In
7.1the absence of an appropriation sufficient for the continued performance of work on
7.2an annual basis as determined by the commissioner of administration, the construction
7.3manager shall not be bound to complete the remaining work within the guaranteed
7.4maximum price in the contract.
7.5(f) With the approval of the commissioner of administration, the construction
7.6manager may bid trade work in accordance with section 16C.34, subdivision 3, before
7.7the enactment of an appropriation sufficient to fully fund the trade work for completion
7.8of the full project described in the Comprehensive Master Plan. The construction
7.9manager shall enter into guaranteed maximum price contracts with subcontractors for
7.10the trade work. In the event the legislature fails to appropriate money sufficient for the
7.11continued performance of work on an annual basis as determined by the commissioner
7.12of administration, the subcontractors shall not be bound to complete the remaining work
7.13within the guaranteed maximum price in the contract. Contracts with subcontractors for
7.14trade work under this paragraph must include terms consistent with this paragraph.

7.15    Sec. 10. Minnesota Statutes 2012, section 16A.727, is amended to read:
7.1616A.727 BACKUP REVENUES; FOOTBALL STADIUM FUNDING.
7.17    (a) If the commissioner of management and budget determines that the amount
7.18of revenues under section 297E.021, subdivision 2, for the next fiscal year will be less
7.19than the amounts specified in section 297E.021, subdivision 3, paragraph (a), clause
7.20(1), items (i) to (iii), for that fiscal year, the commissioner may implement the revenue
7.21options authorized in Laws 2012, chapter 299, article 6; provided that this section does not
7.22constitute a pledge of tax revenues as security for the payment of principal and interest
7.23on appropriation bonds issued under section 16A.695. If the commissioner determines
7.24to exercise the authority under this section for a fiscal year, the commissioner must
7.25implement the revenue options, as necessary, in the following order:
7.26    (1) a sports-themed lottery game under section 349A.20; and
7.27(2) a tax on suites as provided under section 473J.14.
7.28    (b) Revenue raised under the authority granted by this section must be deposited
7.29in the general fund.
7.30    (c) If the commissioner determines to implement one or more of the revenue options
7.31authorized by this section, each subsequent year the commissioner must determine if
7.32the revenue is needed and will be imposed and collected for the next fiscal year. If the
7.33commissioner determines that one or more revenue options implemented for a fiscal year
7.34are not needed for a subsequent fiscal year, the commissioner must terminate them in the
8.1reverse order they were required to be implemented by paragraph (a) with the last option
8.2implemented terminated first and so forth.
8.3    (d) Before implementing a revenue source authorized under this section, the
8.4commissioner must report the intent to do so to the Legislative Commission on Planning
8.5and Fiscal Policy. The commissioner must inform the commission of determinations to
8.6continue or discontinue each revenue source for a subsequent fiscal year.
8.7(e) The provisions of this section no longer apply after the Minnesota Sports
8.8Facilities Authority certifies to the commissioner that it has determined that the revenues
8.9of the general fund under section 297A.994, the increased revenues under chapter 297E,
8.10and other available resources of the authority provide adequate financial security for
8.11the state and the authority.

8.12    Sec. 11. Minnesota Statutes 2012, section 16A.965, subdivision 2, is amended to read:
8.13    Subd. 2. Authorization to issue appropriation bonds. (a) Subject to the
8.14limitations of this subdivision, the commissioner may sell and issue appropriation bonds
8.15of the state under this section for public purposes as provided by law, including, in
8.16particular, the financing of all or a portion of the acquisition, construction, improving,
8.17and equipping of the stadium project of the Minnesota Sports Facilities Authority as
8.18provided by chapter 473J. Proceeds of the appropriation bonds must be credited to a
8.19special appropriation stadium bond proceeds fund in the state treasury. Net income from
8.20investment of the proceeds, as estimated by the commissioner, must be credited to the
8.21special appropriation stadium bond proceeds fund.
8.22(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
8.23the commissioner, are necessary to provide sufficient funds, not to exceed $498,000,000
8.24net of costs of issuance, revenue generated under section 16A.6455 297E.021, and
8.25allocated by the commissioner of management and budget for this purpose and costs of
8.26credit enhancement for achieving the purposes authorized as provided under paragraph
8.27(a), and pay debt service including capitalized interest, pay costs of issuance, make
8.28deposits to reserve funds, pay the costs of credit enhancement, or make payments under
8.29other agreements entered into under paragraph (d); provided, however, that appropriation
8.30bonds issued and unpaid shall not exceed $600,000,000 in principal amount, excluding
8.31refunding bonds sold and issued under subdivision 4.
8.32(c) Appropriation bonds may be issued from time to time in one or more series on
8.33the terms and conditions the commissioner determines to be in the best interests of the
8.34state, but the term on any series of appropriation bonds may not exceed 30 years. The
8.35appropriation bonds of each issue and series thereof shall be dated and bear interest,
9.1and may be includable in or excludable from the gross income of the owners for federal
9.2income tax purposes.
9.3(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
9.4time thereafter, so long as the appropriation bonds are outstanding, the commissioner may
9.5enter into agreements and ancillary arrangements relating to the appropriation bonds,
9.6including but not limited to trust indentures, grant agreements, lease or use agreements,
9.7operating agreements, management agreements, liquidity facilities, remarketing or
9.8dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
9.9reimbursement agreements, indexing agreements, or interest exchange agreements. Any
9.10payments made or received according to the agreement or ancillary arrangement shall be
9.11made from or deposited as provided in the agreement or ancillary arrangement. The
9.12determination of the commissioner included in an interest exchange agreement that the
9.13agreement relates to an appropriation bond shall be conclusive.
9.14(e) The commissioner may enter into written agreements or contracts relating to the
9.15continuing disclosure of information necessary to comply with, or facilitate the issuance
9.16of appropriation bonds in accordance with federal securities laws, rules, and regulations,
9.17including Securities and Exchange Commission rules and regulations in Code of Federal
9.18Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants
9.19with purchasers and holders of appropriation bonds set forth in the order or resolution
9.20authorizing the issuance of the appropriation bonds, or a separate document authorized
9.21by the order or resolution.
9.22(f) The appropriation bonds are not subject to chapter 16C.

9.23    Sec. 12. Minnesota Statutes 2012, section 28.04, is amended to read:
9.2428.04 RECORDS; REPORTS.
9.25Every person, firm or corporation operating a cold storage warehouse under sections
9.2628.01 to 28.15 28.13 shall keep accurate records of the articles of food received in, and of
9.27the articles of food withdrawn from, the cold storage warehouse and the commissioner
9.28shall have free access to such records at any time. Said person, firm or corporation shall
9.29submit a monthly report to the commissioner setting forth its itemized particulars and the
9.30quantity and kinds of articles of food in the cold storage warehouse. These monthly
9.31reports shall be filed pursuant to the rules of the commissioner and a summary only of
9.32these reports if prepared by the commissioner be open to public inspection.

9.33    Sec. 13. Minnesota Statutes 2012, section 28A.0752, subdivision 1, is amended to read:
10.1    Subdivision 1. Agreements to perform duties of the commissioner. (a)
10.2Agreements to delegate licensing and inspection duties pertaining to retail grocery or
10.3convenience stores shall include licensing, inspection, reporting, and enforcement duties
10.4authorized under sections 17.04, 28A.13, 29.21, 29.23, 29.235, 29.236, 29.237, 29.24,
10.529.25 , 29.26, 29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 30.19, 30.49,
10.630.55 , 30.56, 30.57, 30.58, and 30.59, appropriate sections of the Minnesota Food Law,
10.7chapter chapters 31 and 34A, and applicable Minnesota food rules.
10.8(b) Agreements are subject to subdivision 3.
10.9(c) This subdivision does not affect agreements entered into under section 28A.075
10.10or current cooperative agreements which base inspections and licensing responsibility on
10.11the firm's most predominant mode of business.

10.12    Sec. 14. Minnesota Statutes 2012, section 28A.085, subdivision 1, is amended to read:
10.13    Subdivision 1. Violations; prohibited acts. The commissioner may charge a
10.14reinspection fee for each reinspection of a food handler that:
10.15(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
10.1632, 33, or 34, or rules adopted under one of those chapters;
10.17(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a
10.18follow-up inspection after an administrative meeting held pursuant to section 31.14
10.19
34A.06; or
10.20(3) fails to correct equipment and facility deficiencies as required in rules adopted
10.21under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
10.22food sales under $1,000,000 must be assessed at $150. The fee for a firm with gross
10.23food sales over $1,000,000 is $200. The fee for a subsequent reinspection of a firm for
10.24the same violation is 50 percent of their current license fee or $300, whichever is greater.
10.25The establishment must be issued written notice of violations with a reasonable date
10.26for compliance listed on the notice. An initial inspection relating to a complaint is not
10.27a reinspection.

10.28    Sec. 15. Minnesota Statutes 2012, section 29.21, subdivision 1, is amended to read:
10.29    Subdivision 1. Person. The word "person" when used in sections 29.21 to 29.28
10.30
29.27 means any individual, firm, partnership, corporation, company, association, joint
10.31stock association, and shall include any officer, employee, agent, trustee, receiver, assignee,
10.32or other similar representative thereof, provided that neither a producer of eggs when selling
10.33shell eggs produced on a farm occupied and cultivated by the producer, nor a hatchery
10.34which produces or purchases shell eggs solely for hatching shall be deemed a "person."

11.1    Sec. 16. Minnesota Statutes 2012, section 29.22, subdivision 5, is amended to read:
11.2    Subd. 5. Disposition of fees. All fees collected and all fines paid for a violation of
11.3sections 29.21 to 29.28 29.27 or rules promulgated under those sections, as well as all
11.4license fees and penalties must be deposited in the agricultural fund, and credited to a
11.5separate account to be known as the egg law inspection account, which is hereby created,
11.6set aside, and appropriated as a revolving account to be used by the department to help
11.7defray the expense of inspection, supervision, and enforcement of sections 29.21 to 29.28
11.8
29.27 and is in addition to and not in substitution for the sums regularly appropriated or
11.9otherwise made available for this purpose to the department.

11.10    Sec. 17. Minnesota Statutes 2012, section 31.02, is amended to read:
11.1131.02 PROHIBITED ACTS.
11.12The following acts set out in this section and the causing of such acts within this
11.13state are prohibited.
11.14(a) The manufacture, sale, or delivery, holding or offering for sale of any food
11.15that is adulterated or misbranded;
11.16(b) The adulteration or misbranding of any food;
11.17(c) The receipt in commerce of any food that is adulterated or misbranded, and the
11.18delivery or proffered delivery thereof for pay or otherwise;
11.19(d) The distribution in commerce of a consumer commodity, as defined in section
11.2031.01, subdivision 20 , if such commodity is contained in a package, or if there is affixed
11.21to that commodity a label, which does not conform to the provisions of law and of rules
11.22promulgated pursuant to section 31.101; provided, however, that this prohibition shall
11.23not apply to persons engaged in business as wholesale or retail distributors of consumer
11.24commodities except to the extent that such persons are engaged in the packaging or
11.25labeling of such commodities, or prescribe or specify by any means the manner in which
11.26such commodities are packaged or labeled;
11.27(e) The sale, delivery for sale, holding for sale, or offering for sale of any article in
11.28violation of section 31.131;
11.29(f) The dissemination of any false advertisement;
11.30(g) The refusal to permit entry or inspection, or to permit the taking of a sample, or
11.31to permit access to or copying of any record as authorized by section 31.04;
11.32(h) The giving of a guaranty or undertaking which guaranty or undertaking is false,
11.33except by a person who relied on a guaranty or undertaking to the same effect signed by,
11.34and containing the name and address of the person residing in the state of Minnesota from
11.35whom the relying person received in good faith the food;
12.1(i) The removal or disposal of a detained or embargoed article in violation of section
12.231.05 34A.11;
12.3(j) The alteration, mutilation, destruction, obliteration, or removal of the whole or any
12.4part of the labeling of, or the doing of any other act with respect to a food if such act is done
12.5while such article is held for sale and results in such article being adulterated or misbranded;
12.6(k) Forging, counterfeiting, simulating, or falsely representing, or without proper
12.7authority using any mark, stamp, tag, label, or other identification device authorized or
12.8required by rules promulgated under the provisions of section 31.101 or of the federal act;
12.9(l) The using by any person to the person's own advantage, or revealing, other than
12.10to the commissioner or the commissioner's authorized representative or to the courts
12.11when relevant in any judicial proceeding of any information acquired under authority of
12.12the Minnesota Food Law concerning any method or process which as a trade secret is
12.13entitled to protection; and
12.14(m) The identification or sale as food for human consumption of any product which
12.15has previously been labeled or otherwise identified as animal food or seed which has
12.16received a seed treatment.

12.17    Sec. 18. Minnesota Statutes 2012, section 31.095, is amended to read:
12.1831.095 DENATURING AND LABELING.
12.19All food originally designated as food for human consumption which is diverted to
12.20animal food channels or to seed must be labeled in compliance with animal food or seed
12.21laws and rules, and any which has been embargoed pursuant to section 31.05 34A.11 must
12.22be denatured in a manner approved by the Minnesota Department of Agriculture.

12.23    Sec. 19. Minnesota Statutes 2012, section 31.15, is amended to read:
12.2431.15 DISPOSAL OF RECEIPTS.
12.25In all prosecutions under section 31.14 34A.04, save as therein specifically provided,
12.26the fine or fines collected by and under the same shall be forthwith transmitted by the
12.27officer collecting the same to the commissioner of management and budget, to the credit
12.28of the general fund, and all other fees and payments made to the commissioner, except as
12.29aforesaid, shall be accounted for and disposed of in the same manner.

12.30    Sec. 20. Minnesota Statutes 2012, section 31.51, subdivision 1, is amended to read:
12.31    Subdivision 1. Scope. For the purpose of sections 31.51 to 31.58 31.56, the terms
12.32defined in this section have the meaning ascribed to them.

13.1    Sec. 21. Minnesota Statutes 2012, section 31.56, subdivision 1, is amended to read:
13.2    Subdivision 1. Farmer's own animals. Sections 31.51 to 31.58 31.56 do not apply to
13.3a farmer slaughtering the farmer's own rabbits or poultry on the farmer's own farm for: (1)
13.4personal use, (2) the use of the farmer's immediate family, or (3) sale directly to the ultimate
13.5consumer; or to the farmer slaughtering the farmer's own animals on the farmer's own farm
13.6for personal use or the use of the farmer's household and nonpaying guests and employees.

13.7    Sec. 22. Minnesota Statutes 2012, section 31.59, subdivision 1, is amended to read:
13.8    Subdivision 1. Scope. For the purposes of sections 31.59 to 31.592 31.591 the
13.9following terms have the meanings given them.

13.10    Sec. 23. Minnesota Statutes 2012, section 31.632, is amended to read:
13.1131.632 MINNESOTA APPROVED MEATS AND POULTRY; USE OF LABEL.
13.12The commissioner may authorize, pursuant to rules promulgated in the manner
13.13provided by law, the use of the label "Minnesota Approved" on meats, meat products,
13.14poultry, and poultry products processed by persons licensed under sections 31.51 to 31.58
13.15
31.56, or by establishments under the inspection program of the United States Department
13.16of Agriculture, if the ingredients of the poultry, poultry products, meats, and meat
13.17products are meat, meat by-products, poultry, poultry products, or meat food products
13.18which have been inspected and passed by the United States Department of Agriculture,
13.19or the Minnesota Department of Agriculture and further if the poultry, poultry products,
13.20meats, and meat products, after such processing, are sound, healthful, wholesome, and fit
13.21for human food. A person or establishment desiring to label poultry, poultry products,
13.22meats, and meat products as provided in this section shall apply to the commissioner for
13.23authority to do so. The commissioner shall grant this authority to the applicant if the
13.24applicant complies with the provisions of this section and rules promulgated pursuant to
13.25this section. A person using the label "Minnesota Approved" on poultry, poultry products,
13.26meat, or meat products contrary to law is guilty of a misdemeanor.

13.27    Sec. 24. Minnesota Statutes 2012, section 31.671, is amended to read:
13.2831.671 RULES.
13.29The commissioner of agriculture shall have the power to promulgate rules for the
13.30purpose of carrying out the provisions of sections 31.651 to 31.681 31.661.

13.31    Sec. 25. Minnesota Statutes 2012, section 82.67, subdivision 1, is amended to read:
14.1    Subdivision 1. Agency disclosure. A real estate broker or salesperson shall provide
14.2to a consumer in the sale and purchase of a residential real property transaction at the first
14.3substantive contact with the consumer an agency disclosure form in substantially the form
14.4set forth in subdivision 4 3. The agency disclosure form shall be intended to provide a
14.5description of available options for agency and facilitator relationships, and a description
14.6of the role of a licensee under each option. The agency disclosure form shall provide a
14.7signature line for acknowledgment of receipt by the consumer. The disclosures required
14.8by this subdivision apply only to residential real property transactions.

14.9    Sec. 26. Minnesota Statutes 2012, section 116.182, subdivision 5, is amended to read:
14.10    Subd. 5. Rules. (a) The agency shall adopt rules for the administration of the
14.11financial assistance program. For wastewater treatment projects, the rules must include:
14.12(1) application requirements;
14.13(2) criteria for the ranking of projects in order of priority based on factors including
14.14the type of project and the degree of environmental impact, and scenic and wild river
14.15standards; and
14.16(3) criteria for determining essential project components.
14.17(b) Notwithstanding Minnesota Rules, chapter 7077, the agency shall apply the
14.18following criteria to Minnesota Rules, part 7077.0119:
14.19(1) ten points shall be assigned if the municipality proposing the project holds a
14.20NPDES permit for a municipal separate storm sewer system and is implementing a
14.21storm water pollution prevention plan pursuant to Code of Federal Regulations, title 40,
14.22section 122.34, that addresses requirements resulting from a USEPA-approved TMDL
14.23for an impaired water listed under United States Code, title 33, section 303(d), of the
14.24Clean Water Act; and
14.25(2) up to ten points shall be assigned to a municipal storm water project by multiplying
14.2620 times the ratio of the project area's impervious surface area to the total project area to
14.27be served by the proposed best management practices. A maximum of ten points shall be
14.28awarded and any fraction of a point shall be rounded up to the nearest whole number.
14.29(c) Paragraph (b) expires on June 30, 2012.

14.30    Sec. 27. Minnesota Statutes 2012, section 124D.111, subdivision 1, is amended to read:
14.31    Subdivision 1. School lunch aid computation. Each school year, the state must pay
14.32participants in the national school lunch program the amount of 12 cents for each full paid,
14.33reduced reduced-price, and free student lunch served to students.

15.1    Sec. 28. Minnesota Statutes 2012, section 126C.05, subdivision 15, is amended to read:
15.2    Subd. 15. Learning year pupil units. (a) When a pupil is enrolled in a learning
15.3year program under section 124D.128, an area learning center or an alternative learning
15.4program approved by the commissioner under sections 123A.05 and 123A.06, or a contract
15.5alternative program under section 124D.68, subdivision 3, paragraph (d), or subdivision 3a
15.6 4, for more than 1,020 hours in a school year for a secondary student, more than 935 hours
15.7in a school year for an elementary student, or more than 425 hours in a school year for a
15.8kindergarten student without a disability, that pupil may be counted as more than one pupil
15.9in average daily membership for purposes of section 126C.10, subdivision 2a. The amount
15.10in excess of one pupil must be determined by the ratio of the number of hours of instruction
15.11provided to that pupil in excess of: (i) the greater of 1,020 hours or the number of hours
15.12required for a full-time secondary pupil in the district to 1,020 for a secondary pupil; (ii)
15.13the greater of 935 hours or the number of hours required for a full-time elementary pupil
15.14in the district to 935 for an elementary pupil in grades 1 through 6; and (iii) the greater of
15.15425 hours or the number of hours required for a full-time kindergarten student without a
15.16disability in the district to 425 for a kindergarten student without a disability. Hours that
15.17occur after the close of the instructional year in June shall be attributable to the following
15.18fiscal year. A kindergarten student must not be counted as more than 1.2 pupils in average
15.19daily membership under this subdivision. A student in grades 1 through 12 must not be
15.20counted as more than 1.2 pupils in average daily membership under this subdivision.
15.21(b)(i) To receive general education revenue for a pupil in an area learning center
15.22or alternative learning program that has an independent study component, a district
15.23must meet the requirements in this paragraph. The district must develop, for the pupil,
15.24a continual learning plan consistent with section 124D.128, subdivision 3. Each school
15.25district that has an area learning center or alternative learning program must reserve
15.26revenue in an amount equal to at least 90 percent of the district average general education
15.27revenue per pupil unit, minus an amount equal to the product of the formula allowance
15.28according to section 126C.10, subdivision 2, times .0485, calculated without basic skills
15.29and transportation sparsity revenue, times the number of pupil units generated by students
15.30attending an area learning center or alternative learning program. The amount of reserved
15.31revenue available under this subdivision may only be spent for program costs associated
15.32with the area learning center or alternative learning program. Basic skills revenue
15.33generated according to section 126C.10, subdivision 4, by pupils attending the eligible
15.34program must be allocated to the program.
15.35(ii) General education revenue for a pupil in a state-approved alternative program
15.36without an independent study component must be prorated for a pupil participating for less
16.1than a full year, or its equivalent. The district must develop a continual learning plan for the
16.2pupil, consistent with section 124D.128, subdivision 3. Each school district that has an area
16.3learning center or alternative learning program must reserve revenue in an amount equal to
16.4at least 90 percent of the district average general education revenue per pupil unit, minus
16.5an amount equal to the product of the formula allowance according to section 126C.10,
16.6subdivision 2
, times .0485, calculated without basic skills and transportation sparsity
16.7revenue, times the number of pupil units generated by students attending an area learning
16.8center or alternative learning program. The amount of reserved revenue available under this
16.9subdivision may only be spent for program costs associated with the area learning center or
16.10alternative learning program. Basic skills revenue generated according to section 126C.10,
16.11subdivision 4
, by pupils attending the eligible program must be allocated to the program.
16.12(iii) General education revenue for a pupil in a state-approved alternative program
16.13that has an independent study component must be paid for each hour of teacher contact
16.14time and each hour of independent study time completed toward a credit or graduation
16.15standards necessary for graduation. Average daily membership for a pupil shall equal the
16.16number of hours of teacher contact time and independent study time divided by 1,020.
16.17(iv) For a state-approved alternative program having an independent study
16.18component, the commissioner shall require a description of the courses in the program, the
16.19kinds of independent study involved, the expected learning outcomes of the courses, and
16.20the means of measuring student performance against the expected outcomes.

16.21    Sec. 29. Minnesota Statutes 2012, section 144.10, is amended to read:
16.22144.10 FEDERAL AID FOR MATERNAL AND CHILD WELFARE
16.23SERVICES.
16.24The commissioner of management and budget is hereby appointed as the custodian
16.25of all moneys received, or which may hereafter be received, by the state by reason of any
16.26federal aid granted for maternal and child welfare service and for public health services,
16.27including the purposes as declared in Public Law 725 enacted by the 79th Congress of the
16.28United States, Chapter 958-2d Session and all amendments thereto, which moneys shall be
16.29expended in accordance with the purposes expressed in the acts of Congress granting such
16.30aid and solely in accordance with plans to be prepared by the state commissioner of health.
16.31The plans so to be prepared by the commissioner of health for maternal and child health
16.32service shall be approved by the United States Children's Bureau; and the plans of the
16.33commissioner of health for public health service shall be approved by the United States
16.34Public Health Service. Such plans shall include the training of personnel for both state and
16.35local health work and conform with all the requirements governing federal aid for these
17.1purposes. Such plans shall be designed to secure for the state the maximum amount of
17.2federal aid which is possible to be secured on the basis of the available state, county, and
17.3local appropriations for such purposes. The commissioner of health shall make reports,
17.4which shall be in such form and contain such information as may be required by the United
17.5States Children's Bureau or the United States Public Health Service, as the case may be;
17.6and comply with all the provisions, rules, and regulations which may be prescribed by
17.7these federal authorities in order to secure the correction and verification of such reports.

17.8    Sec. 30. Minnesota Statutes 2012, section 144.125, subdivision 7, is amended to read:
17.9    Subd. 7. Parental options for extended storage and use. (a) The parent or legal
17.10guardian of an infant otherwise subject to testing under this section may authorize that the
17.11infant's blood sample and test results be retained and used by the Department of Health
17.12beyond the standard retention periods provided in subdivision 6 or for the purposes
17.13described in subdivision 9.
17.14(b) The Department of Health must provide a consent form, with an attached
17.15Tennessen warning pursuant to section 13.04, subdivision 2. The consent form must
17.16provide the following:
17.17(1) information as to the personal identification and use of samples and test results
17.18for studies, including studies used to develop new tests;
17.19(2) information as to the personal identification and use of samples and test results
17.20for public health studies or research not related to newborn screening;
17.21(3) information that explains that the Department of Health will not store a blood
17.22sample or test result for longer than 18 years from an infant's birth date;
17.23(4) information that explains that, upon approval by the Department of Health's
17.24Institutional Review Board, blood samples and test results may be shared with external
17.25parties for public health studies or research;
17.26(5) information that explains that blood samples contain various components,
17.27including deoxyribonucleic acid (DNA); and
17.28(6) the benefits and risks associated with the department's storage of a child's blood
17.29sample and test results.

17.30    Sec. 31. Minnesota Statutes 2012, section 144.56, subdivision 2, is amended to read:
17.31    Subd. 2. Content of rules and standards. In the public interest the commissioner
17.32of health, by such rules and standards, may regulate and establish minimum standards as
17.33to the construction, equipment, maintenance, and operation of the institutions insofar as
17.34they relate to sanitation and safety of the buildings and to the health, treatment, comfort,
18.1safety, and well-being of the persons accommodated for care. Construction as used in
18.2this subdivision means the erection of new buildings or the alterations of or additions to
18.3existing buildings commenced after the passage of this act April 7, 1951.

18.4    Sec. 32. Minnesota Statutes 2012, section 148.65, subdivision 4, is amended to read:
18.5    Subd. 4. Physical therapy aide. "Physical therapy aide" means a person, working
18.6under the direct supervision of a physical therapist, who is not a physical therapist assistant
18.7as defined in subdivision 3, who performs tasks as provided under Minnesota Rules,
18.8part 5601.1400 section 148.706.

18.9    Sec. 33. Minnesota Statutes 2012, section 148.741, is amended to read:
18.10148.741 APPLICABILITY OF RULES.
18.11Minnesota Rules, parts 5601.0100 to 5601.3200, apply both to physical therapists
18.12and physical therapist assistants, except parts 5601.1200; 5601.1300; 5601.1800;
18.13 5601.1900; 5601.2000; 5601.3200, subpart 2, item D; and 5601.3200, subpart 5, only
18.14apply to physical therapists.

18.15    Sec. 34. Minnesota Statutes 2012, section 148B.591, is amended to read:
18.16148B.591 PROHIBITION AGAINST UNLICENSED PRACTICE OR USE
18.17OF TITLES.
18.18    Subdivision 1. Practice. After the effective date of rules adopted by the board
18.19 October 11, 2005, no individual may engage in the practice of licensed professional
18.20counseling unless that individual holds a valid license or is exempt from licensure under
18.21section 148B.592.
18.22    Subd. 2. Use of titles. After the board adopts rules October 11, 2005, no individual
18.23may be presented to the public by any title or practice incorporating the words "licensed
18.24professional counselor" or "LPC" unless that individual holds a valid license issued under
18.25sections 148B.50 to 148B.593.

18.26    Sec. 35. Minnesota Statutes 2012, section 148D.061, subdivision 1, is amended to read:
18.27    Subdivision 1. Requirements for a provisional license. An applicant may be
18.28issued a provisional license if the applicant:
18.29    (1) was born in a foreign country;
18.30    (2) communicates in English as a second language;
18.31    (3) has taken the applicable examination administered by the Association of Social
18.32Work Boards or similar examination body designated by the board;
19.1    (4) has met the requirements of section 148E.055, subdivision 2, paragraph (a),
19.2clauses (1), (3), (4), (5), and (6); or subdivision 3, paragraph (a), clauses (1), (3), (4),
19.3(5), and (6); or subdivision 4, paragraph (a), clauses (1), (2), (4), (5), (6), and (7); or
19.4subdivision 5, paragraph (a), clauses (1), (2), (4) (3), (5), (6), and (7), and (8); and
19.5    (5) complies with the requirements of subdivisions 2 to 7.

19.6    Sec. 36. Minnesota Statutes 2012, section 150A.06, subdivision 2c, is amended to read:
19.7    Subd. 2c. Guest license. (a) The board shall grant a guest license to practice as a
19.8dentist, dental hygienist, or licensed dental assistant if the following conditions are met:
19.9(1) the dentist, dental hygienist, or dental assistant is currently licensed in good
19.10standing in another United States jurisdiction;
19.11(2) the dentist, dental hygienist, or dental assistant is currently engaged in the
19.12practice of that person's respective profession in another United States jurisdiction;
19.13(3) the dentist, dental hygienist, or dental assistant will limit that person's practice to
19.14a public health setting in Minnesota that (i) is approved by the board; (ii) was established
19.15by a nonprofit organization that is tax exempt under chapter 501(c)(3) of the Internal
19.16Revenue Code of 1986; and (iii) provides dental care to patients who have difficulty
19.17accessing dental care;
19.18(4) the dentist, dental hygienist, or dental assistant agrees to treat indigent patients
19.19who meet the eligibility criteria established by the clinic; and
19.20(5) the dentist, dental hygienist, or dental assistant has applied to the board for a
19.21guest license and has paid a nonrefundable license fee to the board not to exceed $75.
19.22(b) A guest license must be renewed annually with the board and an annual renewal
19.23fee not to exceed $75 must be paid to the board. Guest licenses expire on December
19.2431 of each year.
19.25(c) A dentist, dental hygienist, or dental assistant practicing under a guest license
19.26under this subdivision shall have the same obligations as a dentist, dental hygienist, or
19.27dental assistant who is licensed in Minnesota and shall be subject to the laws and rules of
19.28Minnesota and the regulatory authority of the board. If the board suspends or revokes the
19.29guest license of, or otherwise disciplines, a dentist, dental hygienist, or dental assistant
19.30practicing under this subdivision, the board shall promptly report such disciplinary action
19.31to the dentist's, dental hygienist's, or dental assistant's regulatory board in the jurisdictions
19.32in which they are licensed.
19.33(d) The board may grant a guest license to a dentist, dental hygienist, or dental
19.34assistant licensed in another United States jurisdiction to provide dental care to patients on
20.1a voluntary basis without compensation for a limited period of time. The board shall not
20.2assess a fee for the guest license for volunteer services issued under this paragraph.
20.3The board shall issue a guest license for volunteer services license if:
20.4(1) the board determines that the applicant's services will provide dental care to
20.5patients who have difficulty accessing dental care;
20.6(2) the care will be provided without compensation; and
20.7(3) the applicant provides adequate proof of the status of all licenses to practice in
20.8other jurisdictions. The board may require such proof on an application form developed
20.9by the board.
20.10The guest license for volunteer services shall limit the licensee to providing dental
20.11care services for a period of time not to exceed ten days in a calendar year. Guest licenses
20.12expire on December 31 of each year.
20.13The holder of a guest license for volunteer services shall be subject to state laws and
20.14rules regarding dentistry and the regulatory authority of the board. The board may revoke
20.15the license of a dentist, dental hygienist, or dental assistant practicing under this subdivision
20.16or take other regulatory action against the dentist, dental hygienist, or dental assistant. If an
20.17action is taken, the board shall report the action to the regulatory board of those jurisdictions
20.18where an active license is held by the dentist, dental hygienist, or dental assistant.

20.19    Sec. 37. Minnesota Statutes 2012, section 169.011, is amended by adding a subdivision
20.20to read:
20.21    Subd. 83a. Tow truck or towing vehicle. "Tow truck" or "towing vehicle" has the
20.22meaning given in section 168B.011, subdivision 12a.

20.23    Sec. 38. Minnesota Statutes 2012, section 216B.16, subdivision 6b, is amended to read:
20.24    Subd. 6b. Energy conservation improvement. (a) Except as otherwise provided
20.25in this subdivision, all investments and expenses of a public utility as defined in
20.26section 216B.241, subdivision 1, paragraph (i) (h), incurred in connection with energy
20.27conservation improvements shall be recognized and included by the commission in the
20.28determination of just and reasonable rates as if the investments and expenses were directly
20.29made or incurred by the utility in furnishing utility service.
20.30    (b) The commission shall not include investments and expenses for energy
20.31conservation improvements in determining (i) just and reasonable electric rates for retail
20.32electric service provided to large customer facilities whose electric utilities have been
20.33exempted by the commissioner under section 216B.241, subdivision 1a, paragraph (b),
20.34with respect to those large customer facilities; or (ii) just and reasonable gas rates for
21.1large energy facilities, large customer facilities whose natural gas utilities have been
21.2exempted by the commissioner under section 216B.241, subdivision 1a, paragraph (b), or
21.3commercial gas customer facilities whose natural gas utilities have been exempted by the
21.4commissioner under section 216B.241, subdivision 1a, paragraph (c).
21.5    (c) The commission may permit a public utility to file rate schedules providing for
21.6annual recovery of the costs of energy conservation improvements. These rate schedules
21.7may be applicable to less than all the customers in a class of retail customers if necessary
21.8to reflect the requirements of section 216B.241. The commission shall allow a public
21.9utility, without requiring a general rate filing under this section, to reduce the electric rates
21.10applicable to large customer facilities that have been exempted by the commissioner under
21.11section 216B.241, subdivision 1a, paragraph (b), and to reduce the gas rate applicable to a
21.12large energy facility, a large customer facility or commercial customer facility that has
21.13been exempted by the commissioner under section 216B.241, subdivision 1a, paragraph
21.14(b) or (c), or by the commission under section 216B.241, subdivision 2, by an amount that
21.15reflects the elimination of energy conservation improvement investments or expenditures
21.16for those facilities. In the event that the commission has set electric or gas rates based on
21.17the use of an accounting methodology that results in the cost of conservation improvements
21.18being recovered from utility customers over a period of years, the rate reduction may
21.19occur in a series of steps to coincide with the recovery of balances due to the utility for
21.20conservation improvements made by the utility on or before December 31, 2007.
21.21    (d) Investments and expenses of a public utility shall not include electric utility
21.22infrastructure costs as defined in section 216B.1636, subdivision 1, paragraph (b).

21.23    Sec. 39. Minnesota Statutes 2012, section 216B.164, subdivision 9, is amended to read:
21.24    Subd. 9. Municipal electric utility. For purposes of this section only, except
21.25subdivisions subdivision 5 and 7, and with respect to municipal electric utilities only, the
21.26term "commission" means the governing body of each municipal electric utility that
21.27adopts and has in effect rules implementing this section which are consistent with the rules
21.28adopted by the Minnesota Public Utilities Commission under subdivision 6. As used in this
21.29subdivision, the governing body of a municipal electric utility means the city council of that
21.30municipality; except that, if another board, commission, or body is empowered by law or
21.31resolution of the city council or by its charter to establish and regulate rates and days for the
21.32distribution of electric energy within the service area of the city, that board, commission,
21.33or body shall be considered the governing body of the municipal electric utility.

22.1    Sec. 40. Minnesota Statutes 2012, section 232.20, is amended to read:
22.2232.20 GRAIN STORAGE ACT; CITATION.
22.3Sections 232.20 to 232.25 232.24 may be cited as the Grain Storage Act.

22.4    Sec. 41. Minnesota Statutes 2012, section 232.21, subdivision 1, is amended to read:
22.5    Subdivision 1. Applicability. For the purpose of sections 232.20 to 232.25 232.24,
22.6the terms defined in this section have the meanings given them.

22.7    Sec. 42. Minnesota Statutes 2012, section 232.24, is amended to read:
22.8232.24 SCHEDULE OF INSPECTION, FINANCIAL REPORTS.
22.9    Subdivision 1. Schedule of examination. A licensee under sections 232.20 to
22.10232.25 232.24 is subject to two examinations annually conducted by the commissioner
22.11or the Agricultural Marketing Service of the United States Department of Agriculture.
22.12The commissioner may, by rule, authorize one examination to be conducted by a qualified
22.13nongovernmental unit.
22.14    Subd. 2. Financial reports. A licensee under sections 232.20 to 232.25 232.24
22.15upon request must provide to the commissioner a copy of the financial reports of an audit
22.16conducted by a qualified nongovernmental unit containing information the commissioner
22.17requires.

22.18    Sec. 43. Minnesota Statutes 2012, section 243.1606, subdivision 1, is amended to read:
22.19    Subdivision 1. Membership. The Advisory Council on Interstate Adult Offender
22.20Supervision consists of the following individuals or their designees:
22.21(1) the governor;
22.22(2) the chief justice of the Supreme Court;
22.23(3) two senators, one from the majority and the other from the minority party, selected
22.24by the Subcommittee on Committees of the senate Committee on Rules and Administration;
22.25(4) two representatives, one from the majority and the other from the minority
22.26party, selected by the house speaker;
22.27(5) the compact administrator, selected as provided in section 243.1607;
22.28(6) the executive director of the Center for Crime Victim Services Office of Justice
22.29Programs in the Department of Public Safety; and
22.30(7) other members as appointed by the commissioner of corrections.
22.31The council may elect a chair from among its members.

22.32    Sec. 44. Minnesota Statutes 2012, section 245D.03, subdivision 2, is amended to read:
23.1    Subd. 2. Relationship to other standards governing home and community-based
23.2services. (a) A license holder governed by this chapter is also subject to the licensure
23.3requirements under chapter 245A.
23.4(b) A license holder concurrently providing child foster care services licensed
23.5according to Minnesota Rules, chapter 2960, to the same person receiving a service
23.6licensed under this chapter is exempt from section 245D.04 as it applies to the person.
23.7(c) A license holder concurrently providing home care services registered according
23.8to sections 144A.43 to 144A.49 144A.47 to the same person receiving home management
23.9services licensed under this chapter is exempt from section 245D.04 as it applies to the
23.10person.
23.11(d) A license holder identified in subdivision 1, clauses (1), (5), and (9), is exempt
23.12from compliance with sections 245A.65, subdivision 2, paragraph (a), and 626.557,
23.13subdivision 14, paragraph (b).
23.14(e) Notwithstanding section 245D.06, subdivision 5, a license holder providing
23.15structured day, prevocational, or supported employment services under this chapter
23.16and day training and habilitation or supported employment services licensed under
23.17chapter 245B within the same program is exempt from compliance with this chapter
23.18when the license holder notifies the commissioner in writing that the requirements under
23.19chapter 245B will be met for all persons receiving these services from the program. For
23.20the purposes of this paragraph, if the license holder has obtained approval from the
23.21commissioner for an alternative inspection status according to section 245B.031, that
23.22approval will apply to all persons receiving services in the program.

23.23    Sec. 45. Minnesota Statutes 2012, section 252.27, subdivision 2a, is amended to read:
23.24    Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor
23.25child, including a child determined eligible for medical assistance without consideration of
23.26parental income, must contribute to the cost of services used by making monthly payments
23.27on a sliding scale based on income, unless the child is married or has been married,
23.28parental rights have been terminated, or the child's adoption is subsidized according to
23.29section 259.67 chapter 259A or through title IV-E of the Social Security Act. The parental
23.30contribution is a partial or full payment for medical services provided for diagnostic,
23.31therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
23.32services as defined in United States Code, title 26, section 213, needed by the child with a
23.33chronic illness or disability.
24.1    (b) For households with adjusted gross income equal to or greater than 100 percent
24.2of federal poverty guidelines, the parental contribution shall be computed by applying the
24.3following schedule of rates to the adjusted gross income of the natural or adoptive parents:
24.4    (1) if the adjusted gross income is equal to or greater than 100 percent of federal
24.5poverty guidelines and less than 175 percent of federal poverty guidelines, the parental
24.6contribution is $4 per month;
24.7    (2) if the adjusted gross income is equal to or greater than 175 percent of federal
24.8poverty guidelines and less than or equal to 545 percent of federal poverty guidelines,
24.9the parental contribution shall be determined using a sliding fee scale established by the
24.10commissioner of human services which begins at one percent of adjusted gross income
24.11at 175 percent of federal poverty guidelines and increases to 7.5 percent of adjusted
24.12gross income for those with adjusted gross income up to 545 percent of federal poverty
24.13guidelines;
24.14    (3) if the adjusted gross income is greater than 545 percent of federal poverty
24.15guidelines and less than 675 percent of federal poverty guidelines, the parental
24.16contribution shall be 7.5 percent of adjusted gross income;
24.17    (4) if the adjusted gross income is equal to or greater than 675 percent of federal
24.18poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
24.19contribution shall be determined using a sliding fee scale established by the commissioner
24.20of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
24.21federal poverty guidelines and increases to ten percent of adjusted gross income for those
24.22with adjusted gross income up to 975 percent of federal poverty guidelines; and
24.23    (5) if the adjusted gross income is equal to or greater than 975 percent of federal
24.24poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
24.25    If the child lives with the parent, the annual adjusted gross income is reduced by
24.26$2,400 prior to calculating the parental contribution. If the child resides in an institution
24.27specified in section 256B.35, the parent is responsible for the personal needs allowance
24.28specified under that section in addition to the parental contribution determined under this
24.29section. The parental contribution is reduced by any amount required to be paid directly to
24.30the child pursuant to a court order, but only if actually paid.
24.31    (c) The household size to be used in determining the amount of contribution under
24.32paragraph (b) includes natural and adoptive parents and their dependents, including the
24.33child receiving services. Adjustments in the contribution amount due to annual changes
24.34in the federal poverty guidelines shall be implemented on the first day of July following
24.35publication of the changes.
25.1    (d) For purposes of paragraph (b), "income" means the adjusted gross income of the
25.2natural or adoptive parents determined according to the previous year's federal tax form,
25.3except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
25.4have been used to purchase a home shall not be counted as income.
25.5    (e) The contribution shall be explained in writing to the parents at the time eligibility
25.6for services is being determined. The contribution shall be made on a monthly basis
25.7effective with the first month in which the child receives services. Annually upon
25.8redetermination or at termination of eligibility, if the contribution exceeded the cost of
25.9services provided, the local agency or the state shall reimburse that excess amount to
25.10the parents, either by direct reimbursement if the parent is no longer required to pay a
25.11contribution, or by a reduction in or waiver of parental fees until the excess amount is
25.12exhausted. All reimbursements must include a notice that the amount reimbursed may be
25.13taxable income if the parent paid for the parent's fees through an employer's health care
25.14flexible spending account under the Internal Revenue Code, section 125, and that the
25.15parent is responsible for paying the taxes owed on the amount reimbursed.
25.16    (f) The monthly contribution amount must be reviewed at least every 12 months;
25.17when there is a change in household size; and when there is a loss of or gain in income
25.18from one month to another in excess of ten percent. The local agency shall mail a written
25.19notice 30 days in advance of the effective date of a change in the contribution amount.
25.20A decrease in the contribution amount is effective in the month that the parent verifies a
25.21reduction in income or change in household size.
25.22    (g) Parents of a minor child who do not live with each other shall each pay the
25.23contribution required under paragraph (a). An amount equal to the annual court-ordered
25.24child support payment actually paid on behalf of the child receiving services shall be
25.25deducted from the adjusted gross income of the parent making the payment prior to
25.26calculating the parental contribution under paragraph (b).
25.27    (h) The contribution under paragraph (b) shall be increased by an additional five
25.28percent if the local agency determines that insurance coverage is available but not
25.29obtained for the child. For purposes of this section, "available" means the insurance is a
25.30benefit of employment for a family member at an annual cost of no more than five percent
25.31of the family's annual income. For purposes of this section, "insurance" means health
25.32and accident insurance coverage, enrollment in a nonprofit health service plan, health
25.33maintenance organization, self-insured plan, or preferred provider organization.
25.34    Parents who have more than one child receiving services shall not be required
25.35to pay more than the amount for the child with the highest expenditures. There shall
25.36be no resource contribution from the parents. The parent shall not be required to pay
26.1a contribution in excess of the cost of the services provided to the child, not counting
26.2payments made to school districts for education-related services. Notice of an increase in
26.3fee payment must be given at least 30 days before the increased fee is due.
26.4    (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
26.5in the 12 months prior to July 1:
26.6    (1) the parent applied for insurance for the child;
26.7    (2) the insurer denied insurance;
26.8    (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
26.9a complaint or appeal, in writing, to the commissioner of health or the commissioner of
26.10commerce, or litigated the complaint or appeal; and
26.11    (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
26.12    For purposes of this section, "insurance" has the meaning given in paragraph (h).
26.13    A parent who has requested a reduction in the contribution amount under this
26.14paragraph shall submit proof in the form and manner prescribed by the commissioner or
26.15county agency, including, but not limited to, the insurer's denial of insurance, the written
26.16letter or complaint of the parents, court documents, and the written response of the insurer
26.17approving insurance. The determinations of the commissioner or county agency under this
26.18paragraph are not rules subject to chapter 14.
26.19(j) Notwithstanding paragraph (b), for the period from July 1, 2010, to June 30,
26.202015, the parental contribution shall be computed by applying the following contribution
26.21schedule to the adjusted gross income of the natural or adoptive parents:
26.22(1) if the adjusted gross income is equal to or greater than 100 percent of federal
26.23poverty guidelines and less than 175 percent of federal poverty guidelines, the parental
26.24contribution is $4 per month;
26.25(2) if the adjusted gross income is equal to or greater than 175 percent of federal
26.26poverty guidelines and less than or equal to 525 percent of federal poverty guidelines,
26.27the parental contribution shall be determined using a sliding fee scale established by the
26.28commissioner of human services which begins at one percent of adjusted gross income
26.29at 175 percent of federal poverty guidelines and increases to eight percent of adjusted
26.30gross income for those with adjusted gross income up to 525 percent of federal poverty
26.31guidelines;
26.32(3) if the adjusted gross income is greater than 525 percent of federal poverty
26.33guidelines and less than 675 percent of federal poverty guidelines, the parental
26.34contribution shall be 9.5 percent of adjusted gross income;
26.35(4) if the adjusted gross income is equal to or greater than 675 percent of federal
26.36poverty guidelines and less than 900 percent of federal poverty guidelines, the parental
27.1contribution shall be determined using a sliding fee scale established by the commissioner
27.2of human services which begins at 9.5 percent of adjusted gross income at 675 percent of
27.3federal poverty guidelines and increases to 12 percent of adjusted gross income for those
27.4with adjusted gross income up to 900 percent of federal poverty guidelines; and
27.5(5) if the adjusted gross income is equal to or greater than 900 percent of federal
27.6poverty guidelines, the parental contribution shall be 13.5 percent of adjusted gross
27.7income. If the child lives with the parent, the annual adjusted gross income is reduced by
27.8$2,400 prior to calculating the parental contribution. If the child resides in an institution
27.9specified in section 256B.35, the parent is responsible for the personal needs allowance
27.10specified under that section in addition to the parental contribution determined under this
27.11section. The parental contribution is reduced by any amount required to be paid directly to
27.12the child pursuant to a court order, but only if actually paid.

27.13    Sec. 46. Minnesota Statutes 2012, section 256B.055, subdivision 1, is amended to read:
27.14    Subdivision 1. Children eligible for subsidized adoption assistance. Medical
27.15assistance may be paid for a child eligible for or receiving adoption assistance payments
27.16under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
27.17676, and to any child who is not title IV-E eligible but who was determined eligible for
27.18adoption assistance under section 259.67, subdivision 4, paragraphs (a) to (c) 259A.10,
27.19subdivision 2, and has a special need for medical or rehabilitative care.

27.20    Sec. 47. Minnesota Statutes 2012, section 256B.0595, subdivision 4, is amended to read:
27.21    Subd. 4. Other exceptions to transfer prohibition. (a) An institutionalized person,
27.22as defined in subdivision 1, paragraph (h), who has made, or whose spouse has made a
27.23transfer prohibited by subdivision 1, is not ineligible for long-term care services if one of
27.24the following conditions applies:
27.25    (1) the assets were transferred to the individual's spouse or to another for the sole
27.26benefit of the spouse; or
27.27    (2) the institutionalized spouse, prior to being institutionalized, transferred assets
27.28to a spouse, provided that the spouse to whom the assets were transferred does not then
27.29transfer those assets to another person for less than fair market value. (At the time when
27.30one spouse is institutionalized, assets must be allocated between the spouses as provided
27.31under section 256B.059); or
27.32    (3) the assets were transferred to the individual's child who is blind or permanently
27.33and totally disabled as determined in the supplemental security income program; or
28.1    (4) a satisfactory showing is made that the individual intended to dispose of the
28.2assets either at fair market value or for other valuable consideration; or
28.3    (5) the local agency determines that denial of eligibility for long-term care
28.4services would work an undue hardship and grants a waiver of a period of ineligibility
28.5resulting from a transfer for less than fair market value based on an imminent threat to
28.6the individual's health and well-being. Imminent threat to the individual's health and
28.7well-being means that imposing a period of ineligibility would endanger the individual's
28.8health or life or cause serious deprivation of food, clothing, or shelter. Whenever an
28.9applicant or recipient is denied eligibility because of a transfer for less than fair market
28.10value, the local agency shall notify the applicant or recipient that the applicant or recipient
28.11may request a waiver of the period of ineligibility if the denial of eligibility will cause
28.12undue hardship. With the written consent of the individual or the personal representative
28.13of the individual, a long-term care facility in which an individual is residing may file an
28.14undue hardship waiver request, on behalf of the individual who is denied eligibility for
28.15long-term care services on or after July 1, 2006, due to a period of ineligibility resulting
28.16from a transfer on or after February 8, 2006.; or
28.17(6) for transfers occurring after August 10, 1993, the assets were transferred by the
28.18person or the person's spouse: (i) into a trust established for the sole benefit of a son or
28.19daughter of any age who is blind or disabled as defined by the Supplemental Security
28.20Income program; or (ii) into a trust established for the sole benefit of an individual
28.21who is under 65 years of age who is disabled as defined by the Supplemental Security
28.22Income program. "For the sole benefit of" has the meaning found in section 256B.059,
28.23subdivision 1.
28.24(b) Subject to paragraph (c), when evaluating a hardship waiver, the local agency
28.25shall take into account whether the individual was the victim of financial exploitation,
28.26whether the individual has made reasonable efforts to recover the transferred property or
28.27resource, whether the individual has taken any action to prevent the designation of the
28.28department as a remainder beneficiary on an annuity as described in section 256B.056,
28.29subdivision 11, and other factors relevant to a determination of hardship.
28.30(c) In the case of an imminent threat to the individual's health and well-being, the
28.31local agency shall approve a hardship waiver of the portion of an individual's period of
28.32ineligibility resulting from a transfer of assets for less than fair market value by or to
28.33a person:
28.34(1) convicted of financial exploitation, fraud, or theft upon the individual for the
28.35transfer of assets; or
29.1(2) against whom a report of financial exploitation upon the individual has been
29.2substantiated. For purposes of this paragraph, "financial exploitation" and "substantiated"
29.3have the meanings given in section 626.5572.
29.4(d) The local agency shall make a determination within 30 days of the receipt of all
29.5necessary information needed to make such a determination. If the local agency does not
29.6approve a hardship waiver, the local agency shall issue a written notice to the individual
29.7stating the reasons for the denial and the process for appealing the local agency's decision.
29.8When a waiver is granted, a cause of action exists against the person to whom the assets
29.9were transferred for that portion of long-term care services provided within:
29.10    (1) 30 months of a transfer made on or before August 10, 1993;
29.11    (2) 60 months of a transfer if the assets were transferred after August 30, 1993, to a
29.12trust or portion of a trust that is considered a transfer of assets under federal law;
29.13    (3) 36 months of a transfer if transferred in any other manner after August 10, 1993,
29.14but prior to February 8, 2006; or
29.15    (4) 60 months of any transfer made on or after February 8, 2006,
29.16or the amount of the uncompensated transfer, whichever is less, together with the costs
29.17incurred due to the action; or.
29.18    (5) for transfers occurring after August 10, 1993, the assets were transferred by the
29.19person or person's spouse: (i) into a trust established for the sole benefit of a son or daughter
29.20of any age who is blind or disabled as defined by the Supplemental Security Income
29.21program; or (ii) into a trust established for the sole benefit of an individual who is under
29.2265 years of age who is disabled as defined by the Supplemental Security Income program.
29.23    "For the sole benefit of" has the meaning found in section 256B.059, subdivision 1.

29.24    Sec. 48. Minnesota Statutes 2012, section 256J.21, subdivision 2, is amended to read:
29.25    Subd. 2. Income exclusions. The following must be excluded in determining a
29.26family's available income:
29.27    (1) payments for basic care, difficulty of care, and clothing allowances received for
29.28providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
29.29to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used
29.30for care and maintenance of a third-party beneficiary who is not a household member;
29.31    (2) reimbursements for employment training received through the Workforce
29.32Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
29.33    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
29.34services, jury duty, employment, or informal carpooling arrangements directly related to
29.35employment;
30.1    (4) all educational assistance, except the county agency must count graduate student
30.2teaching assistantships, fellowships, and other similar paid work as earned income and,
30.3after allowing deductions for any unmet and necessary educational expenses, shall
30.4count scholarships or grants awarded to graduate students that do not require teaching
30.5or research as unearned income;
30.6    (5) loans, regardless of purpose, from public or private lending institutions,
30.7governmental lending institutions, or governmental agencies;
30.8    (6) loans from private individuals, regardless of purpose, provided an applicant or
30.9participant documents that the lender expects repayment;
30.10    (7)(i) state income tax refunds; and
30.11    (ii) federal income tax refunds;
30.12    (8)(i) federal earned income credits;
30.13    (ii) Minnesota working family credits;
30.14    (iii) state homeowners and renters credits under chapter 290A; and
30.15    (iv) federal or state tax rebates;
30.16    (9) funds received for reimbursement, replacement, or rebate of personal or real
30.17property when these payments are made by public agencies, awarded by a court, solicited
30.18through public appeal, or made as a grant by a federal agency, state or local government,
30.19or disaster assistance organizations, subsequent to a presidential declaration of disaster;
30.20    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
30.21burial expenses, or to repair or replace insured property;
30.22    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
30.23    (12) payments by a vocational rehabilitation program administered by the state
30.24under chapter 268A, except those payments that are for current living expenses;
30.25    (13) in-kind income, including any payments directly made by a third party to a
30.26provider of goods and services;
30.27    (14) assistance payments to correct underpayments, but only for the month in which
30.28the payment is received;
30.29    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
30.30    (16) funeral and cemetery payments as provided by section 256.935;
30.31    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
30.32a calendar month;
30.33    (18) any form of energy assistance payment made through Public Law 97-35,
30.34Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
30.35providers by other public and private agencies, and any form of credit or rebate payment
30.36issued by energy providers;
31.1    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
31.2other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
31.3    (20) Minnesota supplemental aid, including retroactive payments;
31.4    (21) proceeds from the sale of real or personal property;
31.5    (22) state adoption assistance payments under section 259.67 chapter 259A, and up
31.6to an equal amount of county adoption assistance payments;
31.7    (23) state-funded family subsidy program payments made under section 252.32 to
31.8help families care for children with developmental disabilities, consumer support grant
31.9funds under section 256.476, and resources and services for a disabled household member
31.10under one of the home and community-based waiver services programs under chapter 256B;
31.11    (24) interest payments and dividends from property that is not excluded from and
31.12that does not exceed the asset limit;
31.13    (25) rent rebates;
31.14    (26) income earned by a minor caregiver, minor child through age 6, or a minor
31.15child who is at least a half-time student in an approved elementary or secondary education
31.16program;
31.17    (27) income earned by a caregiver under age 20 who is at least a half-time student in
31.18an approved elementary or secondary education program;
31.19    (28) MFIP child care payments under section 119B.05;
31.20    (29) all other payments made through MFIP to support a caregiver's pursuit of
31.21greater economic stability;
31.22    (30) income a participant receives related to shared living expenses;
31.23    (31) reverse mortgages;
31.24    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
31.2542, chapter 13A, sections 1771 to 1790;
31.26    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
31.27United States Code, title 42, chapter 13A, section 1786;
31.28    (34) benefits from the National School Lunch Act, United States Code, title 42,
31.29chapter 13, sections 1751 to 1769e;
31.30    (35) relocation assistance for displaced persons under the Uniform Relocation
31.31Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
31.3242, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
31.33Code, title 12, chapter 13, sections 1701 to 1750jj;
31.34    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
31.3512, part 2, sections 2271 to 2322;
32.1    (37) war reparations payments to Japanese Americans and Aleuts under United
32.2States Code, title 50, sections 1989 to 1989d;
32.3    (38) payments to veterans or their dependents as a result of legal settlements
32.4regarding Agent Orange or other chemical exposure under Public Law 101-239, section
32.510405, paragraph (a)(2)(E);
32.6    (39) income that is otherwise specifically excluded from MFIP consideration in
32.7federal law, state law, or federal regulation;
32.8    (40) security and utility deposit refunds;
32.9    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
32.1098-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
32.11Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
32.12under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
32.13    (42) all income of the minor parent's parents and stepparents when determining the
32.14grant for the minor parent in households that include a minor parent living with parents or
32.15stepparents on MFIP with other children;
32.16    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
32.17federal poverty guideline for a family size not including the minor parent and the minor
32.18parent's child in households that include a minor parent living with parents or stepparents
32.19not on MFIP when determining the grant for the minor parent. The remainder of income is
32.20deemed as specified in section 256J.37, subdivision 1b;
32.21    (44) payments made to children eligible for relative custody assistance under section
32.22257.85 ;
32.23    (45) vendor payments for goods and services made on behalf of a client unless the
32.24client has the option of receiving the payment in cash;
32.25    (46) the principal portion of a contract for deed payment; and
32.26    (47) cash payments to individuals enrolled for full-time service as a volunteer under
32.27AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
32.28National, and AmeriCorps NCCC.

32.29    Sec. 49. Minnesota Statutes 2012, section 256J.24, subdivision 3, is amended to read:
32.30    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
32.31following individuals who are part of the assistance unit determined under subdivision 2
32.32are ineligible to receive MFIP:
32.33(1) individuals who are recipients of Supplemental Security Income or Minnesota
32.34supplemental aid;
33.1(2) individuals disqualified from the food stamp or food support program or MFIP,
33.2until the disqualification ends;
33.3(3) children on whose behalf federal, state or local foster care payments are made,
33.4except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
33.5(4) children receiving ongoing monthly adoption assistance payments under section
33.6259.67 chapter 259A; and
33.7(5) individuals disqualified from the work participation cash benefit program until
33.8that disqualification ends.
33.9(b) The exclusion of a person under this subdivision does not alter the mandatory
33.10assistance unit composition.

33.11    Sec. 50. Minnesota Statutes 2012, section 257.0755, subdivision 3, is amended to read:
33.12    Subd. 3. Appropriation. Money appropriated for each ombudsperson from the
33.13general fund or the special fund authorized by section 256.01, subdivision 2, clause (15)
33.14 paragraph (o), is under the control of each ombudsperson for which it is appropriated.

33.15    Sec. 51. Minnesota Statutes 2012, section 257.0769, subdivision 1, is amended to read:
33.16    Subdivision 1. Appropriations. (a) Money is appropriated from the special fund
33.17authorized by section 256.01, subdivision 2, clause (15) paragraph (o), to the Indian
33.18Affairs Council for the purposes of sections 257.0755 to 257.0768.
33.19(b) Money is appropriated from the special fund authorized by section 256.01,
33.20subdivision 2
, clause (15) paragraph (o), to the council on affairs of Chicano/Latino people
33.21for the purposes of sections 257.0755 to 257.0768.
33.22(c) Money is appropriated from the special fund authorized by section 256.01,
33.23subdivision 2
, clause (15) paragraph (o), to the Council of Black Minnesotans for the
33.24purposes of sections 257.0755 to 257.0768.
33.25(d) Money is appropriated from the special fund authorized by section 256.01,
33.26subdivision 2
, clause (15) paragraph (o), to the Council on Asian-Pacific Minnesotans for
33.27the purposes of sections 257.0755 to 257.0768.

33.28    Sec. 52. Minnesota Statutes 2012, section 259.22, subdivision 4, is amended to read:
33.29    Subd. 4. Time for filing petition. A petition shall be filed not later than 12 months
33.30after a child is placed in a prospective adoptive home. If a petition is not filed by that
33.31time, the agency that placed the child, or, in a direct adoptive placement, the agency that
33.32is supervising the placement shall file with the district court in the county where the
34.1prospective adoptive parent resides a motion for an order and a report recommending
34.2one of the following:
34.3(1) that the time for filing a petition be extended because of the child's special needs as
34.4defined under title IV-E of the Social Security Act, United States Code, title 42, section 673;
34.5(2) that, based on a written plan for completing filing of the petition, including a
34.6specific timeline, to which the prospective adoptive parents have agreed, the time for filing
34.7a petition be extended long enough to complete the plan because such an extension is in
34.8the best interests of the child and additional time is needed for the child to adjust to the
34.9adoptive home; or
34.10(3) that the child be removed from the prospective adoptive home.
34.11The prospective adoptive parent must reimburse an agency for the cost of preparing
34.12and filing the motion and report under this section, unless the costs are reimbursed by the
34.13commissioner under section 259.67 or 259.73 or 259A.70.

34.14    Sec. 53. Minnesota Statutes 2012, section 259.35, subdivision 1, is amended to read:
34.15    Subdivision 1. Parental responsibilities. Prior to commencing an investigation
34.16of the suitability of proposed adoptive parents, a child-placing agency shall give the
34.17individuals the following written notice in all capital letters at least one-eighth inch high:
34.18"Minnesota Statutes, section 259.59, provides that upon legally adopting a
34.19child, adoptive parents assume all the rights and responsibilities of birth parents. The
34.20responsibilities include providing for the child's financial support and caring for health,
34.21emotional, and behavioral problems. Except for subsidized adoptions under Minnesota
34.22Statutes, section 259.67 chapter 259A, or any other provisions of law that expressly apply
34.23to adoptive parents and children, adoptive parents are not eligible for state or federal
34.24financial subsidies besides those that a birth parent would be eligible to receive for a child.
34.25Adoptive parents may not terminate their parental rights to a legally adopted child for a
34.26reason that would not apply to a birth parent seeking to terminate rights to a child. An
34.27individual who takes guardianship of a child for the purpose of adopting the child shall,
34.28upon taking guardianship from the child's country of origin, assume all the rights and
34.29responsibilities of birth and adoptive parents as stated in this paragraph."

34.30    Sec. 54. Minnesota Statutes 2012, section 259.85, subdivision 1, is amended to read:
34.31    Subdivision 1. Purpose. The commissioner of human services shall establish and
34.32supervise a postadoption service grants program to be administered by local social service
34.33agencies for the purpose of preserving and strengthening adoptive families. The program
34.34will provide financial assistance to adoptive parents who are not receiving adoption
35.1assistance under section 259.67 chapter 259A to meet the special needs of an adopted
35.2child that cannot be met by other resources available to the family.

35.3    Sec. 55. Minnesota Statutes 2012, section 260C.007, subdivision 6, is amended to read:
35.4    Subd. 6. Child in need of protection or services. "Child in need of protection or
35.5services" means a child who is in need of protection or services because the child:
35.6    (1) is abandoned or without parent, guardian, or custodian;
35.7    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
35.8subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
35.9subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
35.10would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
35.11child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
35.12as defined in subdivision 15;
35.13    (3) is without necessary food, clothing, shelter, education, or other required care
35.14for the child's physical or mental health or morals because the child's parent, guardian,
35.15or custodian is unable or unwilling to provide that care;
35.16    (4) is without the special care made necessary by a physical, mental, or emotional
35.17condition because the child's parent, guardian, or custodian is unable or unwilling to
35.18provide that care;
35.19    (5) is medically neglected, which includes, but is not limited to, the withholding of
35.20medically indicated treatment from a disabled infant with a life-threatening condition. The
35.21term "withholding of medically indicated treatment" means the failure to respond to the
35.22infant's life-threatening conditions by providing treatment, including appropriate nutrition,
35.23hydration, and medication which, in the treating physician's or physicians' reasonable
35.24medical judgment, will be most likely to be effective in ameliorating or correcting all
35.25conditions, except that the term does not include the failure to provide treatment other
35.26than appropriate nutrition, hydration, or medication to an infant when, in the treating
35.27physician's or physicians' reasonable medical judgment:
35.28    (i) the infant is chronically and irreversibly comatose;
35.29    (ii) the provision of the treatment would merely prolong dying, not be effective in
35.30ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
35.31futile in terms of the survival of the infant; or
35.32    (iii) the provision of the treatment would be virtually futile in terms of the survival
35.33of the infant and the treatment itself under the circumstances would be inhumane;
35.34    (6) is one whose parent, guardian, or other custodian for good cause desires to be
35.35relieved of the child's care and custody, including a child who entered foster care under a
36.1voluntary placement agreement between the parent and the responsible social services
36.2agency under section 260C.227;
36.3    (7) has been placed for adoption or care in violation of law;
36.4    (8) is without proper parental care because of the emotional, mental, or physical
36.5disability, or state of immaturity of the child's parent, guardian, or other custodian;
36.6    (9) is one whose behavior, condition, or environment is such as to be injurious or
36.7dangerous to the child or others. An injurious or dangerous environment may include, but
36.8is not limited to, the exposure of a child to criminal activity in the child's home;
36.9    (10) is experiencing growth delays, which may be referred to as failure to thrive, that
36.10have been diagnosed by a physician and are due to parental neglect;
36.11    (11) has engaged in prostitution as defined in section 609.321, subdivision 9;
36.12    (12) has committed a delinquent act or a juvenile petty offense before becoming
36.13ten years old;
36.14    (13) is a runaway;
36.15    (14) is a habitual truant;
36.16    (15) has been found incompetent to proceed or has been found not guilty by reason
36.17of mental illness or mental deficiency in connection with a delinquency proceeding, a
36.18certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
36.19proceeding involving a juvenile petty offense;
36.20(16) has a parent whose parental rights to one or more other children were
36.21involuntarily terminated or whose custodial rights to another child have been involuntarily
36.22transferred to a relative and there is a case plan prepared by the responsible social services
36.23agency documenting a compelling reason why filing the termination of parental rights
36.24petition under section 260C.301, subdivision 3 260C.503, subdivision 2, is not in the best
36.25interests of the child; or
36.26(17) is a sexually exploited youth.

36.27    Sec. 56. Minnesota Statutes 2012, section 260C.007, subdivision 8, is amended to read:
36.28    Subd. 8. Compelling reasons. "Compelling reasons" means an individualized
36.29determination by the responsible social services agency, which is approved by the court,
36.30related to a request by the agency not to initiate proceedings to terminate parental rights or
36.31transfer permanent legal and physical custody of a child to the child's relative or former
36.32noncustodial parent under section 260C.301, subdivision 3 260C.503, subdivision 2.

36.33    Sec. 57. Minnesota Statutes 2012, section 260C.178, subdivision 1, is amended to read:
37.1    Subdivision 1. Hearing and release requirements. (a) If a child was taken into
37.2custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall
37.3hold a hearing within 72 hours of the time the child was taken into custody, excluding
37.4Saturdays, Sundays, and holidays, to determine whether the child should continue in
37.5custody.
37.6    (b) Unless there is reason to believe that the child would endanger self or others or
37.7not return for a court hearing, or that the child's health or welfare would be immediately
37.8endangered, the child shall be released to the custody of a parent, guardian, custodian,
37.9or other suitable person, subject to reasonable conditions of release including, but not
37.10limited to, a requirement that the child undergo a chemical use assessment as provided in
37.11section 260C.157, subdivision 1.
37.12    (c) If the court determines there is reason to believe that the child would endanger
37.13self or others or not return for a court hearing, or that the child's health or welfare would
37.14be immediately endangered if returned to the care of the parent or guardian who has
37.15custody and from whom the child was removed, the court shall order the child into
37.16foster care under the legal responsibility of the responsible social services agency or
37.17responsible probation or corrections agency for the purposes of protective care as that term
37.18is used in the juvenile court rules or into the home of a noncustodial parent and order the
37.19noncustodial parent to comply with any conditions the court determines to be appropriate
37.20to the safety and care of the child, including cooperating with paternity establishment
37.21proceedings in the case of a man who has not been adjudicated the child's father. The
37.22court shall not give the responsible social services legal custody and order a trial home
37.23visit at any time prior to adjudication and disposition under section 260C.201, subdivision
37.241
, paragraph (a), clause (3), but may order the child returned to the care of the parent or
37.25guardian who has custody and from whom the child was removed and order the parent or
37.26guardian to comply with any conditions the court determines to be appropriate to meet
37.27the safety, health, and welfare of the child.
37.28    (d) In determining whether the child's health or welfare would be immediately
37.29endangered, the court shall consider whether the child would reside with a perpetrator
37.30of domestic child abuse.
37.31    (e) The court, before determining whether a child should be placed in or continue
37.32in foster care under the protective care of the responsible agency, shall also make a
37.33determination, consistent with section 260.012 as to whether reasonable efforts were made
37.34to prevent placement or whether reasonable efforts to prevent placement are not required.
37.35In the case of an Indian child, the court shall determine whether active efforts, according
37.36to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
38.1were made to prevent placement. The court shall enter a finding that the responsible
38.2social services agency has made reasonable efforts to prevent placement when the agency
38.3establishes either:
38.4    (1) that it has actually provided services or made efforts in an attempt to prevent
38.5the child's removal but that such services or efforts have not proven sufficient to permit
38.6the child to safely remain in the home; or
38.7    (2) that there are no services or other efforts that could be made at the time of the
38.8hearing that could safely permit the child to remain home or to return home. When
38.9reasonable efforts to prevent placement are required and there are services or other efforts
38.10that could be ordered which would permit the child to safely return home, the court shall
38.11order the child returned to the care of the parent or guardian and the services or efforts put
38.12in place to ensure the child's safety. When the court makes a prima facie determination
38.13that one of the circumstances under paragraph (g) exists, the court shall determine that
38.14reasonable efforts to prevent placement and to return the child to the care of the parent or
38.15guardian are not required.
38.16    If the court finds the social services agency's preventive or reunification efforts
38.17have not been reasonable but further preventive or reunification efforts could not permit
38.18the child to safely remain at home, the court may nevertheless authorize or continue
38.19the removal of the child.
38.20    (f) The court may not order or continue the foster care placement of the child unless
38.21the court makes explicit, individualized findings that continued custody of the child by
38.22the parent or guardian would be contrary to the welfare of the child and that placement is
38.23in the best interest of the child.
38.24    (g) At the emergency removal hearing, or at any time during the course of the
38.25proceeding, and upon notice and request of the county attorney, the court shall determine
38.26whether a petition has been filed stating a prima facie case that:
38.27    (1) the parent has subjected a child to egregious harm as defined in section
38.28260C.007, subdivision 14 ;
38.29    (2) the parental rights of the parent to another child have been involuntarily
38.30terminated;
38.31    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
38.32paragraph (a), clause (2);
38.33    (4) the parents' custodial rights to another child have been involuntarily transferred
38.34to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph
38.35(e), clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
39.1    (5) the parent has committed sexual abuse as defined in section 626.556, subdivision
39.22
, against the child or another child of the parent;
39.3(6) the parent has committed an offense that requires registration as a predatory
39.4offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
39.5(7) the provision of services or further services for the purpose of reunification is
39.6futile and therefore unreasonable.
39.7    (h) When a petition to terminate parental rights is required under section 260C.301,
39.8subdivision 3 or 4, or 260C.503, subdivision 2, but the county attorney has determined not
39.9to proceed with a termination of parental rights petition, and has instead filed a petition to
39.10transfer permanent legal and physical custody to a relative under section 260C.507, the
39.11court shall schedule a permanency hearing within 30 days of the filing of the petition.
39.12    (i) If the county attorney has filed a petition under section 260C.307, the court shall
39.13schedule a trial under section 260C.163 within 90 days of the filing of the petition except
39.14when the county attorney determines that the criminal case shall proceed to trial first under
39.15section 260C.503, subdivision 2, paragraph (c).
39.16    (j) If the court determines the child should be ordered into foster care and the child's
39.17parent refuses to give information to the responsible social services agency regarding
39.18the child's father or relatives of the child, the court may order the parent to disclose the
39.19names, addresses, telephone numbers, and other identifying information to the responsible
39.20social services agency for the purpose of complying with sections 260C.151, 260C.212,
39.21260C.215, and 260C.221.
39.22    (k) If a child ordered into foster care has siblings, whether full, half, or step, who
39.23are also ordered into foster care, the court shall inquire of the responsible social services
39.24agency of the efforts to place the children together as required by section 260C.212,
39.25subdivision 2
, paragraph (d), if placement together is in each child's best interests, unless
39.26a child is in placement for treatment or a child is placed with a previously noncustodial
39.27parent who is not a parent to all siblings. If the children are not placed together at the time
39.28of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
39.29efforts to place the siblings together, as required under section 260.012. If any sibling is
39.30not placed with another sibling or siblings, the agency must develop a plan to facilitate
39.31visitation or ongoing contact among the siblings as required under section 260C.212,
39.32subdivision 1
, unless it is contrary to the safety or well-being of any of the siblings to do so.
39.33(l) When the court has ordered the child into foster care or into the home of a
39.34noncustodial parent, the court may order a chemical dependency evaluation, mental health
39.35evaluation, medical examination, and parenting assessment for the parent as necessary
39.36to support the development of a plan for reunification required under subdivision 7 and
40.1section 260C.212, subdivision 1, or the child protective services plan under section
40.2626.556, subdivision 10 , and Minnesota Rules, part 9560.0228.

40.3    Sec. 58. Minnesota Statutes 2012, section 260C.503, subdivision 2, is amended to read:
40.4    Subd. 2. Termination of parental rights. (a) The responsible social services
40.5agency must ask the county attorney to immediately file a termination of parental rights
40.6petition when:
40.7(1) the child has been subjected to egregious harm as defined in section 260C.007,
40.8subdivision 14;
40.9(2) the child is determined to be the sibling of a child who was subjected to
40.10egregious harm;
40.11(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3,
40.12paragraph (b), clause (2) 260C.301, subdivision 2, paragraph (a), clause (2);
40.13(4) the child's parent has lost parental rights to another child through an order
40.14involuntarily terminating the parent's rights;
40.15(5) the parent has committed sexual abuse as defined in section 626.556, subdivision
40.162
, against the child or another child of the parent;
40.17    (6) the parent has committed an offense that requires registration as a predatory
40.18offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
40.19(7) another child of the parent is the subject of an order involuntarily transferring
40.20permanent legal and physical custody of the child to a relative under this chapter or a
40.21similar law of another jurisdiction;
40.22The county attorney shall file a termination of parental rights petition unless the conditions
40.23of paragraph (d) are met.
40.24(b) When the termination of parental rights petition is filed under this subdivision,
40.25the responsible social services agency shall identify, recruit, and approve an adoptive
40.26family for the child. If a termination of parental rights petition has been filed by another
40.27party, the responsible social services agency shall be joined as a party to the petition.
40.28(c) If criminal charges have been filed against a parent arising out of the conduct
40.29alleged to constitute egregious harm, the county attorney shall determine which matter
40.30should proceed to trial first, consistent with the best interests of the child and subject
40.31to the defendant's right to a speedy trial.
40.32(d) The requirement of paragraph (a) does not apply if the responsible social services
40.33agency and the county attorney determine and file with the court:
40.34(1) a petition for transfer of permanent legal and physical custody to a relative under
40.35sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption
41.1is not in the child's best interests and that transfer of permanent legal and physical custody
41.2is in the child's best interests; or
41.3(2) a petition under section 260C.141 alleging the child, and where appropriate,
41.4the child's siblings, to be in need of protection or services accompanied by a case plan
41.5prepared by the responsible social services agency documenting a compelling reason why
41.6filing a termination of parental rights petition would not be in the best interests of the child.

41.7    Sec. 59. Minnesota Statutes 2012, section 272.488, subdivision 2, is amended to read:
41.8    Subd. 2. Central database. County recorders and the secretary of state shall enter
41.9information relative to lien notices, releases, revocations of release, and refilings of any of
41.10those items into the computerized database system of the secretary of state. For notices
41.11transmitted electronically for filing with the county recorders, the date and time of filing of
41.12the notice and county recorder's file number, and for notices transmitted electronically
41.13for filing with the secretary of state, the secretary of state's filing information, must be
41.14entered by the filing officer into the computerized database system before the close of the
41.15fifth working day following the day of the original data transmission to the filing officer.
41.16When notices are transmitted electronically, the filing officer must file the notices no later
41.17than 5:00 p.m. on the business day after they were transmitted to the filing officer. All
41.18other processing by the county recorder of lien notices, releases, revocations of release
41.19and refilings of any of those items must occur within the time period allowed in section
41.20386.30 357.182.

41.21    Sec. 60. Minnesota Statutes 2012, section 275.066, is amended to read:
41.22275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
41.23    For the purposes of property taxation and property tax state aids, the term "special
41.24taxing districts" includes the following entities:
41.25    (1) watershed districts under chapter 103D;
41.26    (2) sanitary districts under sections 115.18 to 115.37;
41.27    (3) regional sanitary sewer districts under sections 115.61 to 115.67;
41.28    (4) regional public library districts under section 134.201;
41.29    (5) park districts under chapter 398;
41.30    (6) regional railroad authorities under chapter 398A;
41.31    (7) hospital districts under sections 447.31 to 447.38;
41.32    (8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
41.33    (9) Duluth Transit Authority under sections 458A.21 to 458A.37;
41.34    (10) regional development commissions under sections 462.381 to 462.398;
42.1    (11) housing and redevelopment authorities under sections 469.001 to 469.047;
42.2    (12) port authorities under sections 469.048 to 469.068;
42.3    (13) economic development authorities under sections 469.090 to 469.1081;
42.4    (14) Metropolitan Council under sections 473.123 to 473.549;
42.5    (15) Metropolitan Airports Commission under sections 473.601 to 473.680 473.679;
42.6    (16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
42.7    (17) Morrison County Rural Development Financing Authority under Laws 1982,
42.8chapter 437, section 1;
42.9    (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
42.10    (19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
42.11sections 1 to 6;
42.12    (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
42.135, section 39;
42.14    (21) Middle Mississippi River Watershed Management Organization under sections
42.15103B.211 and 103B.241;
42.16    (22) emergency medical services special taxing districts under section 144F.01;
42.17    (23) a county levying under the authority of section 103B.241, 103B.245, or
42.18103B.251 ;
42.19    (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
42.20under Laws 2003, First Special Session chapter 21, article 4, section 12;
42.21    (25) an airport authority created under section 360.0426; and
42.22    (26) any other political subdivision of the state of Minnesota, excluding counties,
42.23school districts, cities, and towns, that has the power to adopt and certify a property tax
42.24levy to the county auditor, as determined by the commissioner of revenue.

42.25    Sec. 61. Minnesota Statutes 2012, section 297E.021, subdivision 4, is amended to read:
42.26    Subd. 4. Appropriation; general reserve account. To the extent the commissioner
42.27determines that revenues are available under subdivision 3 for the fiscal year, those
42.28amounts are appropriated from the general fund for deposit in a general reserve account
42.29established by order of the commissioner of management and budget. Amounts in this
42.30reserve are appropriated as necessary for application against any shortfall in the amounts
42.31deposited to the general fund under section 297A.994 or, after consultation with the
42.32Legislative Commission on Planning and Fiscal Policy, amounts in this reserve are
42.33appropriated to the commissioner of management and budget for other uses related to the
42.34stadium authorized under section 473J.03, subdivision 7 8, that the commissioner deems
42.35financially prudent including but not limited to reimbursements for capital and operating
43.1costs relating to the stadium, refundings, and prepayment of debt. In no event, shall
43.2available revenues be pledged, nor shall the appropriations of available revenues made by
43.3this section constitute a pledge of available revenues as security for the prepayment of
43.4principal and interest on the appropriation bonds under section 16A.965.

43.5    Sec. 62. Minnesota Statutes 2012, section 299A.642, subdivision 4, is amended to read:
43.6    Subd. 4. Duties and authority of commissioner. (a) The commissioner of public
43.7safety shall certify multijurisdictional entities, and their designated fiscal agents, that are
43.8established pursuant to this section to combat gang and drug crime and receive grant
43.9funding under subdivision 9. To certify an entity and its designated fiscal agent, the
43.10commissioner shall require that a multijurisdictional entity:
43.11    (1) be subject to the operational command and supervision of one of the participating
43.12agencies;
43.13    (2) be subject to a biennial operational and financial audit contracted out to an
43.14external organization not associated with the multijurisdictional entity and designed to
43.15ensure that the entity and its designated fiscal agent are in compliance with applicable
43.16legal requirements, proper law enforcement standards and practices, and effective
43.17financial controls;
43.18    (3) have adequate staffing and funding to support law enforcement, prosecutorial,
43.19and financial operations, including bookkeeping, evidence handling, and inventory
43.20recording; and
43.21    (4) be subject to any other conditions the commissioner deems necessary to carry
43.22out the purposes of this section.
43.23The commissioner may use grant funds authorized under subdivision 9 to pay for costs
43.24incurred in conducting audits under clause (2).
43.25    (b) A multijurisdictional entity, and its designated fiscal agent, must be certified
43.26annually by the commissioner and may not operate under this section unless it is certified.
43.27If the commissioner revokes an entity's or fiscal agent's certification, the commissioner
43.28may order, for purposes relating to this section, any or all of the following:
43.29    (1) dissolution of the entity, its governing boards, or both;
43.30    (2) transfer of duties of the entity, its governing boards, or both, to the Department
43.31of Public Safety; and
43.32    (3) any other action deemed necessary by the commissioner.
43.33Notwithstanding any action taken by the commissioner, any outstanding obligations or
43.34liabilities of the entity remain with the entity and the parties of the agreement and do
43.35not transfer.
44.1    (c) An agreement entered into pursuant to section 471.59 and this section shall
44.2provide that the parties to the agreement are subject to the provisions in this subdivision
44.3and shall provide for the disposition of property and allocation of obligations upon
44.4voluntary or mandated dissolution of the entity or upon termination of the agreement.
44.5    (d) Except as provided in Laws 2010, chapter 383, section 5, a multijurisdictional
44.6entity that is operating on August 1, 2010, pursuant to section 299A.641 shall have until
44.7December 31, 2010, to be certified under this section.

44.8    Sec. 63. Minnesota Statutes 2012, section 299A.78, subdivision 1, is amended to read:
44.9    Subdivision 1. Definitions. For purposes of sections 299A.78 to 299A.7955
44.10
299A.795, the following definitions apply:
44.11(a) "Commissioner" means the commissioner of the Department of Public Safety.
44.12(b) "Nongovernmental organizations" means nonprofit, nongovernmental
44.13organizations that provide legal, social, or other community services.
44.14(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
44.15(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
44.16(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
44.174
.
44.18(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
44.19(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
44.206
.
44.21(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
44.22(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
44.23(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
44.24(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
44.25victim."

44.26    Sec. 64. Minnesota Statutes 2012, section 299L.02, is amended by adding a subdivision
44.27to read:
44.28    Subd. 5a. Oversight of background checks; new forms of lawful gambling.
44.29The director shall exercise oversight over all background checks on manufacturers and
44.30distributors who supply machines, games, software, or other gambling materials used
44.31in electronic pull-tabs, electronic bingo, or professional sports tipboards, to ensure the
44.32integrity of new forms of gambling entering the Minnesota market.

44.33    Sec. 65. Minnesota Statutes 2012, section 308A.931, subdivision 2, is amended to read:
45.1    Subd. 2. Contents of articles. The articles of dissolution must state:
45.2(1) that all debts, obligations, and liabilities of the cooperative have been paid or
45.3discharged or adequate provisions have been made for them or time periods under section
45.4308A.921 308A.925 have run and other claims are not outstanding;
45.5(2) that the remaining property, assets, and claims of the cooperative have been
45.6distributed among the members or pursuant to a liquidation authorized by the members; and
45.7(3) that legal, administrative, or arbitration proceedings by or against the cooperative
45.8are not pending or adequate provision has been made for the satisfaction of a judgment,
45.9order, or decree that may be entered against the cooperative in a pending proceeding.

45.10    Sec. 66. Minnesota Statutes 2012, section 336.9-313, is amended to read:
45.11336.9-313 WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY
45.12PERFECTS SECURITY INTEREST WITHOUT FILING.
45.13(a) Perfection by possession or delivery. Except as otherwise provided in
45.14subsection (b), a secured party may perfect a security interest in tangible negotiable
45.15documents, goods, instruments, money, or tangible chattel paper by taking possession of
45.16the collateral. A secured party may perfect a security interest in certificated securities by
45.17taking delivery of the certificated securities under section 336.8-301.
45.18(b) Goods covered by certificate of title. With respect to goods covered by a
45.19certificate of title issued by this state, a secured party may perfect a security interest in the
45.20goods by taking possession of the goods only in the circumstances described in section
45.21336.9-316(e) 336.9-316(d).
45.22(c) Collateral in possession of person other than debtor. With respect to collateral
45.23other than certificated securities and goods covered by a document, a secured party takes
45.24possession of collateral in the possession of a person other than the debtor, the secured
45.25party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's
45.26business, when:
45.27(1) the person in possession authenticates a record acknowledging that it holds
45.28possession of the collateral for the secured party's benefit; or
45.29(2) the person takes possession of the collateral after having authenticated a record
45.30acknowledging that it will hold possession of collateral for the secured party's benefit.
45.31(d) Time of perfection by possession; continuation of perfection. If perfection of
45.32a security interest depends upon possession of the collateral by a secured party, perfection
45.33occurs no earlier than the time the secured party takes possession and continues only
45.34while the secured party retains possession.
46.1(e) Time of perfection by delivery; continuation of perfection. A security interest
46.2in a certificated security in registered form is perfected by delivery when delivery of the
46.3certificated security occurs under section 336.8-301 and remains perfected by delivery
46.4until the debtor obtains possession of the security certificate.
46.5(f) Acknowledgment not required. A person in possession of collateral is not
46.6required to acknowledge that it holds possession for a secured party's benefit.
46.7(g) Effectiveness of acknowledgment; no duties or confirmation. If a person
46.8acknowledges that it holds possession for the secured party's benefit:
46.9(1) the acknowledgment is effective under subsection (c) or section 336.8-301(a),
46.10even if the acknowledgment violates the rights of a debtor; and
46.11(2) unless the person otherwise agrees or law other than this article otherwise
46.12provides, the person does not owe any duty to the secured party and is not required to
46.13confirm the acknowledgment to another person.
46.14(h) Secured party's delivery to person other than debtor. A secured party having
46.15possession of collateral does not relinquish possession by delivering the collateral to a
46.16person other than the debtor or a lessee of the collateral from the debtor in the ordinary
46.17course of the debtor's business if the person was instructed before the delivery or is
46.18instructed contemporaneously with the delivery:
46.19(1) to hold possession of the collateral for the secured party's benefit; or
46.20(2) to redeliver the collateral to the secured party.
46.21(i) Effect of delivery under subsection (h); no duties or confirmation. A secured
46.22party does not relinquish possession, even if a delivery under subsection (h) violates the
46.23rights of a debtor. A person to which collateral is delivered under subsection (h) does not
46.24owe any duty to the secured party and is not required to confirm the delivery to another
46.25person unless the person otherwise agrees or law other than this article otherwise provides.

46.26    Sec. 67. Minnesota Statutes 2012, section 360.046, subdivision 1, is amended to read:
46.27    Subdivision 1. Definition of municipal airport. For the purposes of this section,
46.28"municipal airport" is an airport owned by a county, city, town, or joint powers board
46.29within the meaning of section 360.042, exclusive of an airport formed and operated by the
46.30Metropolitan Airports Commission pursuant to sections 473.601 to 473.680 473.679.

46.31    Sec. 68. Minnesota Statutes 2012, section 383A.13, subdivision 4, is amended to read:
46.32    Subd. 4. Pre-clause (c), (d), (e), (f) duty Instructions from licensed physician. At
46.33all times before undertaking the actions authorized by subdivision 3, clauses (c), (d), (e) and
46.34(f), paramedics shall try and, during the course of an emergency, continue to try to establish
47.1voice communications with and receive instructions from a licensed physician who has
47.2been associated with the dispensing of emergency cardiac and noncardiac medical care.

47.3    Sec. 69. Minnesota Statutes 2012, section 390.32, subdivision 9, is amended to read:
47.4    Subd. 9. Inquest procedure. If the county attorney elects to conduct an inquest, the
47.5county attorney shall promptly notify the judge of the need for an inquest and make all
47.6arrangements for it. At the inquest, the judge shall preside and the county attorney shall
47.7conduct the inquest on behalf of the state. Upon conclusion of the inquest, the judge shall
47.8find the cause of death and sign and file a death record. The judge, upon application
47.9of the county attorney, may issue subpoenas for witnesses in the manner provided by
47.10section 390.15 390.11, subdivision 5, and the judge shall administer the oath to them in
47.11the manner provided by section 390.33, subdivision 3.

47.12    Sec. 70. Minnesota Statutes 2012, section 463.04, is amended to read:
47.13463.04 CONDEMNATION PROCEEDINGS FOR BUILDING LINE
47.14EASEMENTS.
47.15The easement above specified in section 463.03 may be acquired by proceedings
47.16to be conducted in accordance with chapter 117 by the board of park commissioners, in
47.17case of parks and parkways controlled by a board of park commissioners, and by the
47.18city council in other cases.
47.19The term "governing body" is used in sections 463.04 to 463.07 to designate
47.20the appropriate body in any given case, whether the city council, or board of park
47.21commissioners. The governing body shall first designate the easement to be acquired and
47.22define the lines by which it is bounded, and shall have power to condemn for the use of the
47.23public a building line easement as defined above, and when such condemnation shall have
47.24been completed, as in this section provided, the title to such easement shall pass to and be
47.25vested in the city for the public use. For the purpose of making the condemnation all the
47.26tracts of land required for any improvement may be included in the same proceeding.
47.27No such An easement shall under this section must not include or take in any portion
47.28of a private residence existing at the time of the passage of sections 463.01 to 463.07
47.29excepting by purchase or grant.

47.30    Sec. 71. Minnesota Statutes 2012, section 465.05, is amended to read:
47.31465.05 TAX LEVY TO PAY INTEREST.
47.32When any such a city shall so accept such accepts a gift or donation under section
47.33465.04, the governing body thereof shall have the right to of the city may enter such into a
48.1written contract for the payment of such interest so determined upon, it shall be the duty of
48.2 as provided under section 465.04. The city council shall annually, levy a tax sufficient to
48.3pay the obligation incurred under the contract at the time other taxes are levied, to levy a
48.4tax sufficient to pay such obligation so incurred.

48.5    Sec. 72. Minnesota Statutes 2012, section 469.169, subdivision 12, is amended to read:
48.6    Subd. 12. Additional zone allocations. (a) In addition to tax reductions authorized
48.7in subdivisions 7 to 11, The commissioner shall allocate tax reductions to border city
48.8enterprise zones located on the western border of the state. The cumulative total amount
48.9of tax reductions for all years of the program under sections 469.1731 to 469.1735, is
48.10limited to:
48.11(1) for the city of Breckenridge, $394,000;
48.12(2) for the city of Dilworth, $118,200;
48.13(3) for the city of East Grand Forks, $788,000;
48.14(4) for the city of Moorhead, $591,000; and
48.15(5) for the city of Ortonville, $78,800.
48.16Allocations made under this subdivision may be used for tax reductions provided in
48.17section 469.1732 or 469.1734 or for reimbursements under section 469.1735, subdivision
48.183
, but only if the municipality determines that the granting of the tax reduction or offset is
48.19necessary to enable a business to expand within a city or to attract a business to a city.
48.20Limitations on allocations under subdivision 7 do not apply to this allocation.
48.21(b) The limit in the allocation in paragraph (a) for a municipality may be waived by
48.22the commissioner if the commissioner of revenue finds that the municipality must provide
48.23an incentive under section 469.1732 or 469.1734 that, by itself or when aggregated with
48.24all other tax reductions granted by the municipality under those provisions, exceeds the
48.25municipality's maximum allocation under paragraph (a), in order to obtain or retain a
48.26business in the city that would not occur in the municipality without the incentive. The
48.27limit may be waived only if the commissioner finds that the business for which the tax
48.28incentives are to be provided:
48.29(1) requires a private capital investment of at least $1,000,000 within the city;
48.30(2) employs at least 25 new or additional full-time equivalent employees within the
48.31city; and
48.32(3) pays its employees at the location in the city wages that, on the average, will
48.33exceed the average wage paid in the county in which the municipality is located.

48.34    Sec. 73. Minnesota Statutes 2012, section 469.169, subdivision 14, is amended to read:
49.1    Subd. 14. Additional border city allocations. In addition to tax reductions
49.2authorized in subdivisions 7 to subdivision 12, the commissioner may allocate $1,500,000
49.3for tax reductions to border city enterprise zones in cities located on the western border
49.4of the state. The commissioner shall make allocations to zones in cities on the western
49.5border on a per capita basis. Allocations made under this subdivision may be used for tax
49.6reductions as provided in section 469.171, or other offsets of taxes imposed on or remitted
49.7by businesses located in the enterprise zone, but only if the municipality determines
49.8that the granting of the tax reduction or offset is necessary in order to retain a business
49.9within or attract a business to the zone. Limitations on allocations under subdivision 7,
49.10do not apply to this allocation.

49.11    Sec. 74. Minnesota Statutes 2012, section 469.169, subdivision 15, is amended to read:
49.12    Subd. 15. Additional border city allocations. In addition to tax reductions
49.13authorized in subdivisions 7 to 12 and 14, the commissioner shall allocate $1,500,000 for
49.14tax reductions to border city enterprise zones in cities located on the western border of the
49.15state. The commissioner shall make allocations to zones in cities on the western border on
49.16a per capita basis. Allocations made under this subdivision may be used for tax reductions
49.17as provided in section 469.171, or for other offsets of taxes imposed on or remitted by
49.18businesses located in the enterprise zone, but only if the municipality determines that the
49.19granting of the tax reduction or offset is necessary in order to retain a business within or
49.20attract a business to the zone. Any portion of the allocation provided in this section may
49.21alternatively be used for tax reductions under section 469.1732 or 469.1734. If, at the end
49.22of the biennium, the total amount allowable under this section has not been expended,
49.23a city that has expended its allocation may submit a request for an additional allocation
49.24for qualifying reductions from the amount remaining. If more than one city exceeds
49.25their allocation and the additional qualifying amounts exceed the balance remaining, the
49.26commissioner shall allocate the amount remaining to each qualifying city in proportion
49.27to its request for additional allocation. Limitations on allocations under subdivision 7
49.28do not apply to this allocation.

49.29    Sec. 75. Minnesota Statutes 2012, section 469.169, subdivision 16, is amended to read:
49.30    Subd. 16. Additional border city allocations. (a) In addition to tax reductions
49.31authorized in subdivisions 7 to 12, 14, and 15, the commissioner shall allocate $750,000 for
49.32tax reductions to border city enterprise zones in cities located on the western border of the
49.33state. The commissioner shall make allocations to zones in cities on the western border on
49.34a per capita basis. Allocations made under this subdivision may be used for tax reductions
50.1as provided in section 469.171, or for other offsets of taxes imposed on or remitted by
50.2businesses located in the enterprise zone, but only if the municipality determines that the
50.3granting of the tax reduction or offset is necessary in order to retain a business within or
50.4attract a business to the zone. Any portion of the allocation provided in this paragraph
50.5may alternatively be used for tax reductions under section 469.1732 or 469.1734.
50.6(b) The commissioner shall allocate $750,000 for tax reductions under section
50.7469.1732 or 469.1734 to cities with border city enterprise zones located on the western
50.8border of the state. The commissioner shall allocate this amount among the cities on a per
50.9capita basis. Any portion of the allocation provided in this paragraph may alternatively
50.10be used for tax reductions as provided in section 469.171.

50.11    Sec. 76. Minnesota Statutes 2012, section 469.169, subdivision 17, is amended to read:
50.12    Subd. 17. Additional border city allocations. (a) In addition to tax reductions
50.13authorized in subdivisions 7 12 and 14 to 16, the commissioner shall allocate $750,000 for
50.14tax reductions to border city enterprise zones in cities located on the western border of the
50.15state. The commissioner shall make allocations to zones in cities on the western border on
50.16a per capita basis. Allocations made under this subdivision may be used for tax reductions
50.17as provided in section 469.171, or for other offsets of taxes imposed on or remitted by
50.18businesses located in the enterprise zone, but only if the municipality determines that the
50.19granting of the tax reduction or offset is necessary in order to retain a business within or
50.20attract a business to the zone. Any portion of the allocation provided in this paragraph
50.21may alternatively be used for tax reductions under section 469.1732 or 469.1734.
50.22(b) The commissioner shall allocate $750,000 for tax reductions under section
50.23469.1732 or 469.1734 to cities with border city enterprise zones located on the western
50.24border of the state. The commissioner shall allocate this amount among the cities on a per
50.25capita basis. Any portion of the allocation provided in this paragraph may alternatively
50.26be used for tax reductions as provided in section 469.171.

50.27    Sec. 77. Minnesota Statutes 2012, section 469.169, subdivision 18, is amended to read:
50.28    Subd. 18. Additional border city allocations; 2008. (a) In addition to tax
50.29reductions authorized in subdivisions 7 12 and 14 to 17, the commissioner shall allocate
50.30$352,500 for tax reductions to border city enterprise zones in cities located on the western
50.31border of the state. The commissioner shall make allocations to zones in cities on the
50.32western border on a per capita basis. Allocations made under this subdivision may be used
50.33for tax reductions as provided in section 469.171, or for other offsets of taxes imposed
50.34on or remitted by businesses located in the enterprise zone, but only if the municipality
51.1determines that the granting of the tax reduction or offset is necessary in order to retain a
51.2business within or attract a business to the zone. The city alternatively may elect to use
51.3any portion of the allocation provided in this paragraph for tax reductions under section
51.4469.1732 or 469.1734.
51.5    (b) The commissioner shall allocate $352,500 for tax reductions under section
51.6469.1732 or 469.1734 to cities with border city enterprise zones located on the western
51.7border of the state. The commissioner shall allocate this amount among the cities on a per
51.8capita basis. The city alternatively may elect to use any portion of the allocation provided
51.9in this paragraph for tax reductions as provided in section 469.171.

51.10    Sec. 78. Minnesota Statutes 2012, section 469.1763, subdivision 2, is amended to read:
51.11    Subd. 2. Expenditures outside district. (a) For each tax increment financing
51.12district, an amount equal to at least 75 percent of the total revenue derived from tax
51.13increments paid by properties in the district must be expended on activities in the district
51.14or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities
51.15in the district or to pay, or secure payment of, debt service on credit enhanced bonds.
51.16For districts, other than redevelopment districts for which the request for certification
51.17was made after June 30, 1995, the in-district percentage for purposes of the preceding
51.18sentence is 80 percent. Not more than 25 percent of the total revenue derived from tax
51.19increments paid by properties in the district may be expended, through a development fund
51.20or otherwise, on activities outside of the district but within the defined geographic area of
51.21the project except to pay, or secure payment of, debt service on credit enhanced bonds.
51.22For districts, other than redevelopment districts for which the request for certification was
51.23made after June 30, 1995, the pooling percentage for purposes of the preceding sentence is
51.2420 percent. The revenue derived from tax increments for the district that are expended on
51.25costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before
51.26calculating the percentages that must be expended within and without the district.
51.27    (b) In the case of a housing district, a housing project, as defined in section 469.174,
51.28subdivision 11
, is an activity in the district.
51.29    (c) All administrative expenses are for activities outside of the district, except that
51.30if the only expenses for activities outside of the district under this subdivision are for
51.31the purposes described in paragraph (d), administrative expenses will be considered as
51.32expenditures for activities in the district.
51.33    (d) The authority may elect, in the tax increment financing plan for the district,
51.34to increase by up to ten percentage points the permitted amount of expenditures for
51.35activities located outside the geographic area of the district under paragraph (a). As
52.1permitted by section 469.176, subdivision 4k, the expenditures, including the permitted
52.2expenditures under paragraph (a), need not be made within the geographic area of the
52.3project. Expenditures that meet the requirements of this paragraph are legally permitted
52.4expenditures of the district, notwithstanding section 469.176, subdivisions 4b, 4c, and 4j.
52.5To qualify for the increase under this paragraph, the expenditures must:
52.6    (1) be used exclusively to assist housing that meets the requirement for a qualified
52.7low-income building, as that term is used in section 42 of the Internal Revenue Code; and
52.8    (2) not exceed the qualified basis of the housing, as defined under section 42(c) of
52.9the Internal Revenue Code, less the amount of any credit allowed under section 42 of
52.10the Internal Revenue Code; and
52.11    (3) be used to:
52.12    (i) acquire and prepare the site of the housing;
52.13    (ii) acquire, construct, or rehabilitate the housing; or
52.14    (iii) make public improvements directly related to the housing; or
52.15(4) be used to develop housing:
52.16(i) if the market value of the housing does not exceed the lesser of:
52.17(A) 150 percent of the average market value of single-family homes in that
52.18municipality; or
52.19(B) $200,000 for municipalities located in the metropolitan area, as defined in
52.20section 473.121, or $125,000 for all other municipalities; and
52.21(ii) if the expenditures are used to pay the cost of site acquisition, relocation,
52.22demolition of existing structures, site preparation, and pollution abatement on one or
52.23more parcels, if the parcel contains a residence containing one to four family dwelling
52.24units that has been vacant for six or more months and is in foreclosure as defined in
52.25section 325N.10, subdivision 7, but without regard to whether the residence is the owner's
52.26principal residence, and only after the redemption period stated in the notice provided
52.27under section 580.06 has expired.
52.28    (e) For a district created within a biotechnology and health sciences industry zone
52.29as defined in section 469.330, subdivision 6, or for an existing district located within
52.30such a zone, tax increment derived from such a district may be expended outside of the
52.31district but within the zone only for expenditures required for the construction of public
52.32infrastructure necessary to support the activities of the zone, land acquisition, and other
52.33redevelopment costs as defined in section 469.176, subdivision 4j. These expenditures are
52.34considered as expenditures for activities within the district.
52.35(f) The authority under paragraph (d), clause (4), expires on December 31, 2016.
52.36Increments may continue to be expended under this authority after that date, if they are
53.1used to pay bonds or binding contracts that would qualify under subdivision 3, paragraph
53.2(a), if December 31, 2016, is considered to be the last date of the five-year period after
53.3certification under that provision.

53.4    Sec. 79. Minnesota Statutes 2012, section 471.982, subdivision 3, is amended to read:
53.5    Subd. 3. Exemptions. Self-insurance pools established and open for enrollment on
53.6a statewide basis by the Minnesota League of Cities Insurance Trust, the Minnesota School
53.7Boards Association Insurance Trust, the Minnesota Association of Townships Insurance
53.8and Bond Trust, the Minnesota Association of Counties Insurance Intergovernmental
53.9 Trust, or the Nonprofit Insurance Trust and the political subdivisions that belong to them
53.10are exempt from the requirements of this section and sections 65B.48, subdivision 3, and
53.1160A.0811 . In addition, the Minnesota Association of Townships Insurance and Bond
53.12Trust and the townships that belong to it are exempt from the requirement to hold the
53.13certificate of surety authorization issued by the commissioner of commerce as provided
53.14in section 574.15.

53.15    Sec. 80. Minnesota Statutes 2012, section 473J.14, is amended to read:
53.16473J.14 SUITES TAX.
53.17    (a) Upon notification by the commissioner of management and budget under section
53.1816A.727 , the authority shall by resolution impose and maintain a ten percent tax on the
53.19gross receipts received for the rental of suites, sky boxes, and similar in the NFL stadium.
53.20(b) The tax must be imposed in the years specified by the commissioner of
53.21management and budget. The suites rental tax under paragraph (a) applies to the gross
53.22receipts, as defined under section 297A.61, received by the seller, as defined in section
53.23297A.61 , and is a debt owed by the seller to the authority. A tax imposed under this
53.24section is recoverable at law by the authority from the seller in the same manner as other
53.25debts. Every person granting, selling, or renting suites, sky boxes, or similar may be
53.26required, as provided in resolutions of the authority, to secure a permit, to file returns, to
53.27deposit security for the payment of the tax, and to pay the penalties for nonpayment and
53.28interest on late payments, as the authority deems necessary or expedient to assure the
53.29prompt and uniform collection of either or both of the taxes tax.
53.30    (c) The authority shall remit the proceeds of a tax imposed under this section to the
53.31commissioner of management and budget for deposit in the state's general fund.

53.32    Sec. 81. Minnesota Statutes 2012, section 504B.285, subdivision 1c, is amended to read:
54.1    Subd. 1c. Grounds for evictions on or after January 1, 2015. For any eviction
54.2action commenced on or after January 1, 2015, the person entitled to the premises
54.3may recover possession by eviction when any person holds over real property after the
54.4expiration of the time for redemption on foreclosure of a mortgage, or after termination
54.5of contract to convey the property, provided that if the person holding the real property
54.6after the expiration of the time for redemption or termination was a tenant during the
54.7redemption or termination period under a lease of any duration, and the lease began after
54.8the date the mortgage or contract for deed was executed, but prior to the expiration of the
54.9time for redemption or termination and the person holding the premises has received:
54.10(1) at least two months' written notice to vacate no sooner than one month after the
54.11expiration of the time for redemption or termination, provided that the tenant pays the
54.12rent and abides by all terms of the lease; or
54.13(2) at least two months' written notice to vacate no later than the date of the
54.14expiration of the term time for redemption or termination, which notice shall also state that
54.15the sender will hold the tenant harmless for breaching the lease by vacating the premises
54.16if the mortgage is redeemed or the contract is reinstated.

54.17    Sec. 82. Minnesota Statutes 2012, section 518B.02, subdivision 3, is amended to read:
54.18    Subd. 3. Program accountability. The Minnesota Center for Crime Victim Services
54.19 Office of Justice Programs in the Department of Public Safety will consult with domestic
54.20abuse counseling and educational programs, the court, probation departments, and the
54.21interagency task force on the prevention of domestic and sexual abuse on acceptable
54.22measures to ensure program accountability. By December 30, 2001, the center shall make
54.23recommendations to the house of representatives and senate committees and divisions
54.24with jurisdiction over criminal justice policy and funding on agreed-upon accountability
54.25measures including outcome studies.

54.26    Sec. 83. Minnesota Statutes 2012, section 524.3-803, is amended to read:
54.27524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS.
54.28    (a) All claims as defined in section 524.1-201 (6) (8), against a decedent's estate which
54.29arose before the death of the decedent, including claims of the state and any subdivision
54.30thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated,
54.31if not barred earlier by other statute of limitations, are barred against the estate, the personal
54.32representative, and the heirs and devisees of the decedent, unless presented as follows:
54.33    (1) in the case of a creditor who is only entitled, under the United States Constitution
54.34and under the Minnesota Constitution, to notice by publication under section 524.3-801,
55.1within four months after the date of the court administrator's notice to creditors which
55.2is subsequently published pursuant to section 524.3-801;
55.3    (2) in the case of a creditor who was served with notice under section 524.3-801(c),
55.4within the later to expire of four months after the date of the first publication of notice to
55.5creditors or one month after the service;
55.6    (3) within one year after the decedent's death, whether or not notice to creditors has
55.7been published or served under section 524.3-801. Claims authorized by section 246.53,
55.8256B.15 , or 256D.16 must not be barred after one year as provided in this clause.
55.9    (b) All claims against a decedent's estate which arise at or after the death of the
55.10decedent, including claims of the state and any subdivision thereof, whether due or to
55.11become due, absolute or contingent, liquidated or unliquidated, are barred against the
55.12estate, the personal representative, and the heirs and devisees of the decedent, unless
55.13presented as follows:
55.14    (1) a claim based on a contract with the personal representative, within four months
55.15after performance by the personal representative is due;
55.16    (2) any other claim, within four months after it arises.
55.17    (c) Nothing in this section affects or prevents:
55.18    (1) any proceeding to enforce any mortgage, pledge, or other lien upon property
55.19of the estate;
55.20    (2) any proceeding to establish liability of the decedent or the personal representative
55.21for which there is protection by liability insurance, to the limits of the insurance protection
55.22only;
55.23    (3) the presentment and payment at any time within one year after the decedent's
55.24death of any claim arising before the death of the decedent that is referred to in section
55.25524.3-715 , clause (18), although the same may be otherwise barred under this section; or
55.26    (4) the presentment and payment at any time before a petition is filed in compliance
55.27with section 524.3-1001 or 524.3-1002 or a closing statement is filed under section
55.28524.3-1003 , of:
55.29    (i) any claim arising after the death of the decedent that is referred to in section
55.30524.3-715 , clause (18), although the same may be otherwise barred hereunder;
55.31    (ii) any other claim, including claims subject to clause (3), which would otherwise be
55.32barred hereunder, upon allowance by the court upon petition of the personal representative
55.33or the claimant for cause shown on notice and hearing as the court may direct.

55.34    Sec. 84. Minnesota Statutes 2012, section 580.041, subdivision 2a, is amended to read:
56.1    Subd. 2a. Content of notice of redemption rights. The notice of redemption rights
56.2required by this section must appear substantially as follows:
56.3"What Happens After the Foreclosure Sale
56.4After the sheriff's sale, you have the right to "redeem." Redeem means that you pay the
56.5amount bid for your house at the sheriff's sale, plus interest and costs, to keep your house.
56.6You can keep living in your home for a period of time after the foreclosure sale. This is
56.7called a "redemption period." The redemption period is [insert number of months] months
56.8after the sheriff's sale.
56.9At the end of the redemption period, if you do not redeem or sell, you will have to
56.10leave your home. If you do not leave, the person or company that bid on your home at the
56.11sheriff's sale has the right to file an eviction against you in court.
56.12Be Careful of Foreclosure Scams
56.13Be careful! After the foreclosure sale, people may approach you to buy your house
56.14or ask you to transfer your house to them for little or no money.
56.15Before you give up the rights to your house or sign any documents (including a
56.16deed), be sure you know how much the house sold for at the sheriff's sale and decide if
56.17you can save the house by paying the amount of the bid, plus interest and costs.
56.18How to Find Out How Much Your House Sold For at the Foreclosure Sale
56.19The amount you need to pay to redeem your house may be less than the amount you
56.20owed on the mortgage before the sale. You can learn what this amount is (and who the
56.21winning bidder at the sale was) by attending the sheriff's sale or by contacting the sheriff's
56.22office after the sale.
56.23You Can Also Sell Your House
56.24During the redemption period, if you sell your home, you must sell it for enough
56.25to pay off the winning bidder from the sheriff's sale and pay interest, fees, and other
56.26claims against the property. If there is any money left from the sale of the house after all
56.27these debts are paid, you can keep the money. You can also enter into a "short sale." A
56.28short sale is an agreement in which the lender agrees to accept less than the full amount
56.29you owe on the mortgage.
56.30Get More Information and Advice
56.31For more information and advice, contact an attorney or a mortgage
56.32foreclosure prevention counselor. You can find a mortgage foreclosure
56.33prevention counselor by contacting the Minnesota Home Ownership Center
56.34at 651-659-9336 or 866-462-6466 or www.hocmn.org or contact the United
56.35States Department of Housing and Urban Development at 1-800-569-4287 or
56.36www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search=MN#searchArea
57.1 www.hud.gov to get the phone number and location of the nearest certified counseling
57.2organization."

57.3    Sec. 85. Minnesota Statutes 2012, section 609.233, subdivision 1a, is amended to read:
57.4    Subd. 1a. Felony deprivation. A caregiver or operator who intentionally deprives a
57.5vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the
57.6caregiver or operator is reasonably able to make the necessary provisions, is guilty of a
57.7felony and may be sentenced as provided in subdivision 2a 3 if:
57.8(1) the caregiver or operator knows or has reason to know the deprivation could
57.9likely result in substantial bodily harm or great bodily harm to the vulnerable adult; or
57.10(2) the deprivation occurred over an extended period of time.

57.11    Sec. 86. Minnesota Statutes 2012, section 609B.445, is amended to read:
57.12609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE
57.13PARENTS; DISQUALIFICATION.
57.14Under section 259.67, subdivision 1, paragraph (b) 259A.10, subdivision 4, a
57.15disqualifying condition for adoption exists if a criminal background check reveals a felony
57.16conviction for child or spousal abuse; for a crime against children; for a crime involving
57.17violence, including rape, sexual assault, or homicide; or for a felony conviction within the
57.18past five years for physical assault, battery, or a drug-related offense.

57.19    Sec. 87. Minnesota Statutes 2012, section 611A.02, subdivision 2, is amended to read:
57.20    Subd. 2. Victims' rights. (a) The Crime Victim and Witness Advisory Council
57.21 Office of Justice Programs of the Department of Public Safety shall develop two model
57.22notices of the rights of crime victims.
57.23(b) The initial notice of the rights of crime victims must be distributed by a peace
57.24officer to each victim, as defined in section 611A.01, at the time of initial contact with the
57.25victim. The notice must inform a victim of:
57.26(1) the victim's right to apply for reparations to cover losses, not including property
57.27losses, resulting from a violent crime and the telephone number to call to request an
57.28application;
57.29(2) the victim's right to request that the law enforcement agency withhold public
57.30access to data revealing the victim's identity under section 13.82, subdivision 17,
57.31paragraph (d);
57.32(3) the additional rights of domestic abuse victims as described in section 629.341;
57.33(4) information on the nearest crime victim assistance program or resource; and
58.1(5) the victim's rights, if an offender is charged, to be informed of and participate in
58.2the prosecution process, including the right to request restitution.
58.3(c) A supplemental notice of the rights of crime victims must be distributed by the
58.4city or county attorney's office to each victim, within a reasonable time after the offender
58.5is charged or petitioned. This notice must inform a victim of all the rights of crime victims
58.6under this chapter.

58.7    Sec. 88. Minnesota Statutes 2012, section 611A.02, subdivision 3, is amended to read:
58.8    Subd. 3. Notice of rights of victims in juvenile court. (a) The Crime Victim and
58.9Witness Advisory Council Office of Justice Programs of the Department of Public Safety
58.10 shall develop a notice of the rights of victims in juvenile court that explains:
58.11(1) the rights of victims in the juvenile court;
58.12(2) when a juvenile matter is public;
58.13(3) the procedures to be followed in juvenile court proceedings; and
58.14(4) other relevant matters.
58.15(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
58.16crime who attends a juvenile court proceeding, along with a notice of services for victims
58.17available in that judicial district.

58.18    Sec. 89. Minnesota Statutes 2012, section 611A.201, subdivision 1, is amended to read:
58.19    Subdivision 1. Appointment of director. The executive director of the Center for
58.20Crime Victim Services Office of Justice Programs in the Department of Public Safety shall
58.21appoint a person to serve as director of domestic violence and sexual assault prevention
58.22in the center office. The director must have experience in domestic violence and sexual
58.23assault prevention issues. The director serves at the executive director's pleasure in the
58.24unclassified service. The executive director may appoint, supervise, discipline, and
58.25discharge employees to assist the director in carrying out the director's responsibilities
58.26under this section.

58.27    Sec. 90. Minnesota Statutes 2012, section 611A.201, subdivision 2, is amended to read:
58.28    Subd. 2. Director's responsibilities. The director shall have the following duties:
58.29(1) advocate for the rights of victims of domestic violence and sexual assault;
58.30(2) increase public education and visibility about the prevention of domestic
58.31violence and sexual assault;
59.1(3) encourage accountability regarding domestic violence and sexual assault at all
59.2levels of the system, and develop recommendations to improve accountability when
59.3the system fails;
59.4(4) support prosecution and civil litigation efforts regarding domestic violence and
59.5sexual assault at the federal and state levels;
59.6(5) study issues involving domestic violence and sexual assault as they pertain to
59.7both men and women and present findings and recommendations resulting from these
59.8studies to all branches of government;
59.9(6) initiate policy changes regarding domestic violence and sexual assault at all
59.10levels of government;
59.11(7) coordinate existing resources and promote coordinated and immediate
59.12community responses to better serve victims of domestic violence and sexual assault;
59.13(8) build partnerships among law enforcement, prosecutors, defenders, advocates,
59.14and courts to reduce the occurrence of domestic violence and sexual assault;
59.15(9) encourage and support the efforts of health care providers, mental health experts,
59.16employers, educators, clergy members, and others, in raising awareness of and addressing
59.17how to prevent domestic violence and sexual assault;
59.18(10) coordinate and maximize the use of federal, state, and local resources available
59.19to prevent domestic violence and sexual assault and leverage more resources through
59.20grants and private funding; and
59.21(11) serve as a liaison between the executive director of the center for Crime
59.22Victim Services Office of Justice Programs in the Department of Public Safety and
59.23the commissioner of health with regard to the Department of Health's sexual violence
59.24prevention program funded by federal block grants, and oversee how this money is spent.

59.25    Sec. 91. Minnesota Statutes 2012, section 611A.201, subdivision 5, is amended to read:
59.26    Subd. 5. Other responsibilities. In addition to those described in this section,
59.27the executive director of the center office may assign other appropriate responsibilities
59.28to the director.

59.29    Sec. 92. Minnesota Statutes 2012, section 611A.37, subdivision 2, is amended to read:
59.30    Subd. 2. Director. "Director" means the director of the Minnesota Center for
59.31Crime Victim Services Office of Justice Programs in the Department of Public Safety
59.32 or a designee.

59.33    Sec. 93. Minnesota Statutes 2012, section 611A.37, subdivision 3, is amended to read:
60.1    Subd. 3. Center Office. "Center Office" means the Minnesota Center for Crime
60.2Victim Services Office of Justice Programs in the Department of Public Safety.

60.3    Sec. 94. Minnesota Statutes 2012, section 611A.373, is amended to read:
60.4611A.373 PAYMENTS.
60.5    Subdivision 1. Payment. Payments to designated shelter facilities must be in
60.6the form of a grant. Designated shelter facilities may submit requests for payment
60.7monthly based on their expenses. The process for the submission of payments and for
60.8the submission of requests may be established by the director. Upon approval of the
60.9request for payment by the center office, payments shall be made directly to designated
60.10shelter facilities from grant funds on behalf of women and their children who reside in the
60.11shelter facility. Payments made to a designated shelter facility must not exceed the grant
60.12amount for that facility unless approved by the director. These payments must not affect
60.13the eligibility of individuals who reside in shelter facilities for public assistance benefits,
60.14except when required by federal law or regulation.
60.15    Subd. 2. Reserve grant amount. The center office shall calculate the grant amount
60.16for each designated shelter facility. This calculation may be based upon program type,
60.17average occupancy rates, and licensed capacity limits. The total of all grant amounts shall
60.18not exceed the legislative appropriation.
60.19    Subd. 3. Accountability. Shelter facilities must comply with reporting requirements
60.20and any other measures imposed by the Minnesota Center for Crime Victim Services
60.21 Office of Justice Programs in the Department of Public Safety to improve accountability
60.22and program outcomes including, but not limited to, information on all restricted or
60.23unrestricted fund balances.

60.24    Sec. 95. Minnesota Statutes 2012, section 611A.46, is amended to read:
60.25611A.46 CLASSIFICATION OF DATA.
60.26(a) Personal history information and other information collected, used, and
60.27maintained by a Minnesota Center for Crime Victim Services an Office of Justice
60.28Programs in the Department of Public Safety grantee from which the identity and location
60.29of any crime victim may be determined are private data on individuals as defined in
60.30section 13.02, subdivision 12, and the grantee shall maintain the data in accordance with
60.31the provisions of chapter 13.
60.32(b) Personal history data and other information collected, used, and maintained
60.33by the Minnesota Center for Crime Victim Services Office of Justice Programs in the
61.1Department of Public Safety from which the identity and location of any victim may be
61.2determined are private data on individuals as defined in section 13.02, subdivision 12.
61.3(c) Internal auditing data shall be classified as provided by section 13.392.

61.4    Sec. 96. Minnesota Statutes 2012, section 611A.77, subdivision 1, is amended to read:
61.5    Subdivision 1. Grants. The executive director of the center for Crime Victim
61.6Services Office of Justice Programs in the Department of Public Safety shall award grants
61.7to nonprofit organizations to create or expand mediation programs for crime victims
61.8and offenders. For purposes of this section, "offender" means an adult charged with a
61.9nonviolent crime or a juvenile who has been referred to a mediation program before or
61.10after a petition for delinquency has been filed in connection with a nonviolent offense, and
61.11"nonviolent crime" and "nonviolent offense" exclude any offense in which the victim is a
61.12family or household member, as defined in section 518B.01, subdivision 2.

61.13    Sec. 97. Minnesota Statutes 2012, section 611A.77, subdivision 2, is amended to read:
61.14    Subd. 2. Programs. The executive director of the center for Crime Victim Services
61.15 Office of Justice Programs in the Department of Public Safety shall award grants to further
61.16the following goals:
61.17(1) to expand existing mediation programs for crime victims and juvenile offenders
61.18to also include adult offenders;
61.19(2) to initiate victim-offender mediation programs in areas that have no
61.20victim-offender mediation programs;
61.21(3) to expand the opportunities for crime victims to be involved in the criminal
61.22justice process;
61.23(4) to evaluate the effectiveness of victim-offender mediation programs in reducing
61.24recidivism and encouraging the payment of court-ordered restitution; and
61.25(5) to evaluate the satisfaction of victims who participate in the mediation programs.

61.26    Sec. 98. Minnesota Statutes 2012, section 611A.77, subdivision 3, is amended to read:
61.27    Subd. 3. Mediator qualifications. The executive director of the center for Crime
61.28Victim Services Office of Justice Programs in the Department of Public Safety shall
61.29establish criteria to ensure that mediators participating in the program are qualified.

61.30    Sec. 99. Minnesota Statutes 2012, section 626.556, subdivision 2, is amended to read:
61.31    Subd. 2. Definitions. As used in this section, the following terms have the meanings
61.32given them unless the specific content indicates otherwise:
62.1    (a) "Family assessment" means a comprehensive assessment of child safety, risk
62.2of subsequent child maltreatment, and family strengths and needs that is applied to a
62.3child maltreatment report that does not allege substantial child endangerment. Family
62.4assessment does not include a determination as to whether child maltreatment occurred
62.5but does determine the need for services to address the safety of family members and the
62.6risk of subsequent maltreatment.
62.7    (b) "Investigation" means fact gathering related to the current safety of a child
62.8and the risk of subsequent maltreatment that determines whether child maltreatment
62.9occurred and whether child protective services are needed. An investigation must be used
62.10when reports involve substantial child endangerment, and for reports of maltreatment in
62.11facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
62.12144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
62.1313, and 124D.10; or in a nonlicensed personal care provider association as defined in
62.14sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
62.15    (c) "Substantial child endangerment" means a person responsible for a child's care,
62.16and in the case of sexual abuse includes a person who has a significant relationship to the
62.17child as defined in section 609.341, or a person in a position of authority as defined in
62.18section 609.341, who by act or omission commits or attempts to commit an act against a
62.19child under their care that constitutes any of the following:
62.20    (1) egregious harm as defined in section 260C.007, subdivision 14;
62.21    (2) sexual abuse as defined in paragraph (d);
62.22    (3) abandonment under section 260C.301, subdivision 2;
62.23    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
62.24child's physical or mental health, including a growth delay, which may be referred to as
62.25failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
62.26    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
62.27609.195 ;
62.28    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
62.29    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
62.30609.223 ;
62.31    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
62.32    (9) criminal sexual conduct under sections 609.342 to 609.3451;
62.33    (10) solicitation of children to engage in sexual conduct under section 609.352;
62.34    (11) malicious punishment or neglect or endangerment of a child under section
62.35609.377 or 609.378;
62.36    (12) use of a minor in sexual performance under section 617.246; or
63.1    (13) parental behavior, status, or condition which mandates that the county attorney
63.2file a termination of parental rights petition under section 260C.301, subdivision 3,
63.3paragraph (a) 260C.503, subdivision 2.
63.4    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
63.5child's care, by a person who has a significant relationship to the child, as defined in
63.6section 609.341, or by a person in a position of authority, as defined in section 609.341,
63.7subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
63.8conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
63.9609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
63.10in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
63.11abuse also includes any act which involves a minor which constitutes a violation of
63.12prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
63.13threatened sexual abuse which includes the status of a parent or household member
63.14who has committed a violation which requires registration as an offender under section
63.15243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
63.16243.166, subdivision 1b, paragraph (a) or (b).
63.17    (e) "Person responsible for the child's care" means (1) an individual functioning
63.18within the family unit and having responsibilities for the care of the child such as a
63.19parent, guardian, or other person having similar care responsibilities, or (2) an individual
63.20functioning outside the family unit and having responsibilities for the care of the child
63.21such as a teacher, school administrator, other school employees or agents, or other lawful
63.22custodian of a child having either full-time or short-term care responsibilities including,
63.23but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
63.24and coaching.
63.25    (f) "Neglect" means the commission or omission of any of the acts specified under
63.26clauses (1) to (9), other than by accidental means:
63.27    (1) failure by a person responsible for a child's care to supply a child with necessary
63.28food, clothing, shelter, health, medical, or other care required for the child's physical or
63.29mental health when reasonably able to do so;
63.30    (2) failure to protect a child from conditions or actions that seriously endanger the
63.31child's physical or mental health when reasonably able to do so, including a growth delay,
63.32which may be referred to as a failure to thrive, that has been diagnosed by a physician and
63.33is due to parental neglect;
63.34    (3) failure to provide for necessary supervision or child care arrangements
63.35appropriate for a child after considering factors as the child's age, mental ability, physical
64.1condition, length of absence, or environment, when the child is unable to care for the
64.2child's own basic needs or safety, or the basic needs or safety of another child in their care;
64.3    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
64.4260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
64.5child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
64.6    (5) nothing in this section shall be construed to mean that a child is neglected solely
64.7because the child's parent, guardian, or other person responsible for the child's care in
64.8good faith selects and depends upon spiritual means or prayer for treatment or care of
64.9disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
64.10or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
64.11if a lack of medical care may cause serious danger to the child's health. This section does
64.12not impose upon persons, not otherwise legally responsible for providing a child with
64.13necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
64.14    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
64.15subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
64.16symptoms in the child at birth, results of a toxicology test performed on the mother at
64.17delivery or the child at birth, medical effects or developmental delays during the child's
64.18first year of life that medically indicate prenatal exposure to a controlled substance, or the
64.19presence of a fetal alcohol spectrum disorder;
64.20    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
64.21    (8) chronic and severe use of alcohol or a controlled substance by a parent or
64.22person responsible for the care of the child that adversely affects the child's basic needs
64.23and safety; or
64.24    (9) emotional harm from a pattern of behavior which contributes to impaired
64.25emotional functioning of the child which may be demonstrated by a substantial and
64.26observable effect in the child's behavior, emotional response, or cognition that is not
64.27within the normal range for the child's age and stage of development, with due regard to
64.28the child's culture.
64.29    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
64.30inflicted by a person responsible for the child's care on a child other than by accidental
64.31means, or any physical or mental injury that cannot reasonably be explained by the child's
64.32history of injuries, or any aversive or deprivation procedures, or regulated interventions,
64.33that have not been authorized under section 121A.67 or 245.825.
64.34    Abuse does not include reasonable and moderate physical discipline of a child
64.35administered by a parent or legal guardian which does not result in an injury. Abuse does
64.36not include the use of reasonable force by a teacher, principal, or school employee as
65.1allowed by section 121A.582. Actions which are not reasonable and moderate include,
65.2but are not limited to, any of the following that are done in anger or without regard to the
65.3safety of the child:
65.4    (1) throwing, kicking, burning, biting, or cutting a child;
65.5    (2) striking a child with a closed fist;
65.6    (3) shaking a child under age three;
65.7    (4) striking or other actions which result in any nonaccidental injury to a child
65.8under 18 months of age;
65.9    (5) unreasonable interference with a child's breathing;
65.10    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
65.11    (7) striking a child under age one on the face or head;
65.12    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
65.13substances which were not prescribed for the child by a practitioner, in order to control or
65.14punish the child; or other substances that substantially affect the child's behavior, motor
65.15coordination, or judgment or that results in sickness or internal injury, or subjects the
65.16child to medical procedures that would be unnecessary if the child were not exposed
65.17to the substances;
65.18    (9) unreasonable physical confinement or restraint not permitted under section
65.19609.379 , including but not limited to tying, caging, or chaining; or
65.20    (10) in a school facility or school zone, an act by a person responsible for the child's
65.21care that is a violation under section 121A.58.
65.22    (h) "Report" means any report received by the local welfare agency, police
65.23department, county sheriff, or agency responsible for assessing or investigating
65.24maltreatment pursuant to this section.
65.25    (i) "Facility" means:
65.26    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
65.27sanitarium, or other facility or institution required to be licensed under sections 144.50 to
65.28144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B;
65.29    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
65.30124D.10 ; or
65.31    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
65.32subdivision 16, and 256B.0625, subdivision 19a.
65.33    (j) "Operator" means an operator or agency as defined in section 245A.02.
65.34    (k) "Commissioner" means the commissioner of human services.
66.1    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
66.2not limited to employee assistance counseling and the provision of guardian ad litem and
66.3parenting time expeditor services.
66.4    (m) "Mental injury" means an injury to the psychological capacity or emotional
66.5stability of a child as evidenced by an observable or substantial impairment in the child's
66.6ability to function within a normal range of performance and behavior with due regard to
66.7the child's culture.
66.8    (n) "Threatened injury" means a statement, overt act, condition, or status that
66.9represents a substantial risk of physical or sexual abuse or mental injury. Threatened
66.10injury includes, but is not limited to, exposing a child to a person responsible for the
66.11child's care, as defined in paragraph (e), clause (1), who has:
66.12    (1) subjected a child to, or failed to protect a child from, an overt act or condition
66.13that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
66.14similar law of another jurisdiction;
66.15    (2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
66.16(b), clause (4), or a similar law of another jurisdiction;
66.17    (3) committed an act that has resulted in an involuntary termination of parental rights
66.18under section 260C.301, or a similar law of another jurisdiction; or
66.19    (4) committed an act that has resulted in the involuntary transfer of permanent
66.20legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
66.21260C.201, subdivision 11 , paragraph (d), clause (1), section 260C.515, subdivision 4, or a
66.22similar law of another jurisdiction.
66.23A child is the subject of a report of threatened injury when the responsible social
66.24services agency receives birth match data under paragraph (o) from the Department of
66.25Human Services.
66.26(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
66.27birth record or recognition of parentage identifying a child who is subject to threatened
66.28injury under paragraph (n), the Department of Human Services shall send the data to the
66.29responsible social services agency. The data is known as "birth match" data. Unless the
66.30responsible social services agency has already begun an investigation or assessment of the
66.31report due to the birth of the child or execution of the recognition of parentage and the
66.32parent's previous history with child protection, the agency shall accept the birth match
66.33data as a report under this section. The agency may use either a family assessment or
66.34investigation to determine whether the child is safe. All of the provisions of this section
66.35apply. If the child is determined to be safe, the agency shall consult with the county
66.36attorney to determine the appropriateness of filing a petition alleging the child is in need
67.1of protection or services under section 260C.007, subdivision 6, clause (16), in order
67.2to deliver needed services. If the child is determined not to be safe, the agency and
67.3the county attorney shall take appropriate action as required under section 260C.301,
67.4subdivision 3
260C.503, subdivision 2.
67.5    (p) Persons who conduct assessments or investigations under this section shall take
67.6into account accepted child-rearing practices of the culture in which a child participates
67.7and accepted teacher discipline practices, which are not injurious to the child's health,
67.8welfare, and safety.
67.9    (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
67.10occurrence or event which:
67.11    (1) is not likely to occur and could not have been prevented by exercise of due
67.12care; and
67.13    (2) if occurring while a child is receiving services from a facility, happens when the
67.14facility and the employee or person providing services in the facility are in compliance
67.15with the laws and rules relevant to the occurrence or event.
67.16(r) "Nonmaltreatment mistake" means:
67.17(1) at the time of the incident, the individual was performing duties identified in the
67.18center's child care program plan required under Minnesota Rules, part 9503.0045;
67.19(2) the individual has not been determined responsible for a similar incident that
67.20resulted in a finding of maltreatment for at least seven years;
67.21(3) the individual has not been determined to have committed a similar
67.22nonmaltreatment mistake under this paragraph for at least four years;
67.23(4) any injury to a child resulting from the incident, if treated, is treated only with
67.24remedies that are available over the counter, whether ordered by a medical professional or
67.25not; and
67.26(5) except for the period when the incident occurred, the facility and the individual
67.27providing services were both in compliance with all licensing requirements relevant to the
67.28incident.
67.29This definition only applies to child care centers licensed under Minnesota
67.30Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
67.31substantiated maltreatment by the individual, the commissioner of human services shall
67.32determine that a nonmaltreatment mistake was made by the individual.

67.33    Sec. 100. Minnesota Statutes 2012, section 626.9517, subdivision 1, is amended to read:
67.34    Subdivision 1. Grants; cameras described. The commissioner of public safety
67.35shall make Video cameras installed pursuant to grants made by the commissioner of public
68.1safety to law enforcement agencies participating in the racial profiling study described in
68.2Minnesota Statutes 2006, section 626.951, for the purchase, installation, and maintenance
68.3of video cameras on police vehicles designed to record traffic stops. A video camera
68.4installed pursuant to a grant under this section must:
68.5(1) be automatically activated during every traffic stop;
68.6(2) contain an audio feature; and
68.7(3) be designed and installed so as to record the stop in its entirety.
68.8Cameras may not be equipped with manual shutoff switches and must be activated
68.9for the entirety of a traffic stop.

68.10    Sec. 101. Minnesota Statutes 2012, section 629.341, subdivision 4, is amended to read:
68.11    Subd. 4. Report required. Whenever a peace officer investigates an allegation that
68.12an incident described in subdivision 1 has occurred, whether or not an arrest is made, the
68.13officer shall make a written police report of the alleged incident. The report must contain
68.14at least the following information: the name, address and telephone number of the victim,
68.15if provided by the victim, a statement as to whether an arrest occurred, the name of the
68.16arrested person, and a brief summary of the incident. Data that identify a victim who has
68.17made a request under section 13.82, subdivision 17, paragraph (d), and that are private
68.18data under that subdivision, shall be private in the report required by this section. A
68.19copy of this report must be provided upon request, at no cost, to the victim of domestic
68.20abuse, the victim's attorney, or organizations designated by the Minnesota Crime Victims
68.21Services Center, the Office of Justice Programs in the Department of Public Safety, or
68.22the commissioner of corrections that are providing services to victims of domestic abuse.
68.23The officer shall submit the report to the officer's supervisor or other person to whom the
68.24employer's rules or policies require reports of similar allegations of criminal activity to
68.25be made.

68.26    Sec. 102. Laws 2010, chapter 375, section 11, the effective date, is amended to read:
68.27EFFECTIVE DATE.This section is effective August 1, 2010, and applies to sheriff's
68.28sales conducted on or after that date. The amendments made by this section, including any
68.29subsequent amendments to subdivision 2 or 3, expires on expire December 31, 2012.
68.30EFFECTIVE DATE.This section is effective retroactively from December 31,
68.312012, and applies to sheriff's sales conducted on or after that date.

68.32    Sec. 103. Laws 2012, chapter 199, section 6, is amended to read:
69.1    Sec. 6. PRIOR ACTIVITIES.
69.2Sections 1, 2, and 3 3, 4, and 5 are, in part, remedial in nature. Actions of
69.3Washington County or the Washington County Housing and Redevelopment Authority
69.4prior to the effective date of those sections are not invalid or unenforceable for exercising
69.5powers that are authorized by sections 1, 2, and 3, 4, and 5.

69.6    Sec. 104. Laws 2012, chapter 293, section 13, subdivision 3, is amended to read:
69.7
Subd. 3.Capitol Restoration Appropriation
44,000,000
69.8(a) This appropriation may be used for one or
69.9more of the following purposes:
69.10(1) to design, construct, and equip a new
69.11tunnel extending from the Capitol building
69.12and passing under University Avenue, and
69.13associated improvements, in accordance
69.14with recommendation number 6 of the
69.15Comprehensive Master Plan and the
69.16final report of the Committee on Capitol
69.17Complex Security, dated April 1, 2011, with
69.18construction to be coordinated with light rail
69.19construction time frames;
69.20(2) for predesign and design of the renovation
69.21and restoration of the State Capitol building,
69.22including preparation of design guidelines
69.23and a historic structures report;
69.24(3) for repairs to exterior stone, window
69.25replacement, and preparation of mechanical
69.26space in the attic of the State Capitol building;
69.27(4) for construction to restore and improve
69.28the Capitol building and grounds, including
69.29exterior stone repair and the construction
69.30activities listed as part of sequence A
69.31in the 2012 Comprehensive Master Plan
69.32dated February 2012, prepared by MOCA,
69.33including hazardous materials abatement; and
70.1(5) up to $5,000,000 of this appropriation
70.2may be used to predesign, design, conduct
70.3hazardous materials abatement, construct,
70.4renovate and remodel, and furnish and equip
70.5the State Office Building, Administration
70.6Building, Centennial Office Building, 321
70.7Grove Street Buildings, and such other
70.8properties located on the Capitol campus as
70.9determined by the commissioner to meet
70.10temporary and permanent office and other
70.11space needs occasioned by and in furtherance
70.12of an efficient restoration of the State Capitol
70.13building and for the efficient and effective
70.14function of the tenants currently located in
70.15the Capitol building.
70.16(b) Money appropriated under paragraph (a),
70.17clauses (1) to (3), may be spent as of the
70.18effective date.
70.19(c) Money appropriated under paragraph
70.20(a), clauses (4) and (5), may not be spent
70.21unless and until the conditions in Minnesota
70.22Statutes, section 15B.15 15B.155, have been
70.23met.

70.24    Sec. 105. CONFLICT RESOLUTION.
70.25The amendments made to Minnesota Statutes 2010, section 260C.212, subdivision
70.265, paragraph (c), by Laws 2012, chapter 216, article 1, section 18, paragraph (c), are
70.27void and without effect.
70.28EFFECTIVE DATE.This section is effective retroactively from August 1, 2012.

70.29    Sec. 106. SUPERSEDING ACTS.
70.30Any amendments or repeals enacted in the 2013 session of the legislature to sections
70.31also amended or repealed in this act supersede the amendments or repeals in this act,
70.32regardless of order of enactment.

71.1    Sec. 107. REVISOR'S INSTRUCTIONS.
71.2    Subdivision 1. Terminology change. In Minnesota Statutes, the revisor of statutes
71.3shall delete "ICF/MR" or "ICFs/MR" and insert "ICF/DD" or "ICFs/DD." The revisor
71.4shall make related grammatical changes and changes in headnotes.
71.5    Subd. 2. Correction of range references. In each of the following sections, the
71.6revisor of statutes shall delete the reference to Minnesota Statutes, section 469.134,
71.7and insert Minnesota Statutes, section 469.133: 115B.03, subdivision 5; 216B.161,
71.8subdivision 1; 469.091, subdivision 1; 469.092, subdivision 1; 469.094, subdivision 2;
71.9469.125, subdivision 1; 469.128; 469.130; 469.131; 469.172; 469.174, subdivision 2;
71.10469.176, subdivision 4; 469.192; 471.562, subdivision 4; and 473.852, subdivision 6.
71.11    Subd. 3. Rules reference; action against psychotherapist. In Minnesota Rules, part
71.129530.6460, subpart 3, item C, the revisor of statutes shall delete "148A" and insert "604."
71.13    Subd. 4. Rules references; client bill of rights. In Minnesota Rules, parts
71.149530.6450, subpart 6, 9530.6460, subpart 2, item B, 9530.6470, subpart 1, and 9530.6565,
71.15subpart 5, item A, the revisor of statutes shall delete the reference to "part 4747.1500" and
71.16insert "Minnesota Statutes, section 148F.165." The revisor shall make related grammatical
71.17changes.
71.18    Subd. 5. Rules reference; child care training requirements. In Minnesota Rules,
71.19part 9530.6490, subpart 4, item B, the revisor of statutes shall delete "part 9502.0385" and
71.20insert "Minnesota Statutes, section 245A.50."

71.21    Sec. 108. REPEALERS.
71.22    Subdivision 1. Obsolete sections. Minnesota Statutes 2012, sections 2.031,
71.23subdivision 2; 2.444; and 2.484, are repealed.
71.24    Subd. 2. Obsolete subdivisions. Minnesota Statutes 2012, section 13.717,
71.25subdivisions 6 and 7, are repealed.
71.26    Subd. 3. Obsolete subdivision. Minnesota Statutes 2012, section 260C.301,
71.27subdivision 3, is repealed.
71.28    Subd. 4. Obsolete section. Minnesota Statutes 2012, section 325E.3161, is repealed.
71.29    Subd. 5. Obsolete section. Minnesota Statutes 2012, section 473.618, is repealed.
71.30    Subd. 6. Conflict resolution. Laws 2007, chapter 85, section 3, is repealed.
71.31    Subd. 7. Conflict resolution. Laws 2012, chapter 216, article 9, section 4, is
71.32repealed.
71.33    Subd. 8. Drafting error. Minnesota Rules, part 7200.0100, subpart 3a, is repealed.

72.1ARTICLE 2
72.2DATA PRACTICES

72.3    Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a
72.4subdivision to read:
72.5    Subd. 1b. Encounter data. Data on providers required to submit encounter data to a
72.6private entity designated by the commissioner of health under section 62U.04, subdivision
72.74, are classified under section 62U.04, subdivision 4, paragraph (c).

72.8    Sec. 2. Minnesota Statutes 2012, section 13.383, subdivision 11a, is amended to read:
72.9    Subd. 11a. Alcohol and drug counselor licensing; sharing counselors. (a)
72.10Sharing licensing data. Sharing of data collected for licensing of alcohol and drug
72.11counselors is governed by section 214.10, subdivision 8.
72.12(b) Investigative data. Information obtained as part of an investigation or evaluation
72.13of a drug and alcohol counselor is governed by section 148F.025, subdivision 4, or
72.14148F.09 , subdivision 6.
72.15(c) Client records. The privacy and access to client records obtained in the course
72.16of alcohol and drug counseling are governed by sections 148F.13 and 148F.135.
72.17(d) Test results. Test results and interpretations regarding an individual obtained
72.18in the course of alcohol and drug counseling are classified under section 148F.18,
72.19subdivision 4.

72.20    Sec. 3. Minnesota Statutes 2012, section 13.461, subdivision 2, is amended to read:
72.21    Subd. 2. Adult mental health. (a) Client consent. Consent for release of
72.22information needed to bill the county for services provided to clients is governed by
72.23section 245.467, subdivision 5.
72.24(b) Identity disclosure. Disclosure of the names and addresses of persons receiving
72.25mental health services is governed by section 245.467, subdivision 6.
72.26(c) Release of commitment information for firearms and explosives background
72.27check. The release by the commissioner of human services of commitment information
72.28to law enforcement agencies for facilitating a firearms or explosives background check
72.29is governed by section 245.041.

72.30    Sec. 4. Minnesota Statutes 2012, section 13.7191, subdivision 14, is amended to read:
73.1    Subd. 14. Requirements for health plan companies. (a) Minnesota Risk
73.2Adjustment Association. Data privacy issues concerning the Minnesota Risk Adjustment
73.3Association are governed by section 62Q.03, subdivision 9.
73.4(b) Essential community provider. Data on applications for designation as an
73.5essential community provider are classified under section 62Q.19, subdivision 2.
73.6(c) Disclosure of executive compensation. Disclosure of certain data to consumer
73.7advisory boards is governed by section 62Q.64.
73.8(d) (c) Audits conducted by independent organizations. Data provided by an
73.9independent organization related to an audit report are governed by section 62Q.37,
73.10subdivision 8.

73.11    Sec. 5. Minnesota Statutes 2012, section 13.7905, is amended by adding a subdivision
73.12to read:
73.13    Subd. 4a. Independent contractor applications. Data in applications and required
73.14documentation submitted to the commissioner of labor and industry by independent
73.15contractors are classified under section 181.723, subdivision 16.

73.16    Sec. 6. Minnesota Statutes 2012, section 13.7931, is amended by adding a subdivision
73.17to read:
73.18    Subd. 2a. Game and fish licenses; Social Security numbers. Social Security
73.19numbers obtained on applications for individual noncommercial game and fish licenses
73.20are classified, and sharing of the data required by federal law is clarified, under section
73.2197A.482, paragraph (b).