Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7439

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

EIGHTY-SIXTH DAY

 

Saint Paul, Minnesota, Monday, May 4, 2020

 

 

      The House of Representatives convened at 1:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      The members of the House paused for a brief meditation or moment of reflection and thanks.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Neu was excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7440

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 15, 2020

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 3100, relating to health care; requiring a dependent child notice; establishing the Alec Smith Insulin Affordability Act; requiring reports; requiring a public awareness campaign; appropriating money.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 15, 2020

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 4556, relating to state government; providing for COVID-19 policy and certain other policy changes; extending certain deadlines; covering certain COVID-19 health expenses; providing temporary emergency authority; expanding usage of electronic communication, applications, and signatures; appropriating additional money for grants to Second Harvest Heartland to purchase commodities from Minnesota farmers; modifying certain vehicle registration provisions; allowing nonposting of tax delinquency and suspension of nondelivery of liquor or beer related to delinquency; modifying certain treatment provisions; correcting errors in health and human services appropriations; making forecast adjustments; requiring reports.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7441

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2020 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2020

 

Date Filed

2020

 

                               3100                         73                                       11:58 a.m.  April 15                              April 15

                               4556                         74                                       11:21 a.m.  April 15                              April 15

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2020 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2020

 

Date Filed

2020

 

     4489                                                 75                                          4:19 p.m.  April 17                                April 17

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7442

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 168, A bill for an act relating to human services; modifying the disability waiver rate system; amending Minnesota Statutes 2018, sections 256B.4913, subdivisions 4a, 5; 256B.4914, subdivisions 2, 4, 5, 6, 10, 10a, 14, by adding a subdivision; repealing Minnesota Statutes 2018, section 256B.4913, subdivisions 4a, 6, 7.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, is amended to read:

 

Subd. 11.  Personal care assistant; requirements.  (a) A personal care assistant must meet the following requirements:

 

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:

 

(i) supervision by a qualified professional every 60 days; and

 

(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;

 

(2) be employed by a personal care assistance provider agency;

 

(3) enroll with the department as a personal care assistant after clearing a background study.  Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:

 

(i) not disqualified under section 245C.14; or

 

(ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;

 

(4) be able to effectively communicate with the recipient and personal care assistance provider agency;

 

(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional or physician;

 

(6) not be a consumer of personal care assistance services;

 

(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;

 

(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  Personal care assistant training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions,


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7443

basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets.  Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;

 

(9) complete training and orientation on the needs of the recipient; and

 

(10) be limited to providing and being paid for up to 275 310 hours per month of personal care assistance services regardless of the number of recipients being served or the number of personal care assistance provider agencies enrolled with.  The number of hours worked per day shall not be disallowed by the department unless in violation of the law.

 

(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).

 

(c) Persons who do not qualify as a personal care assistant include parents, stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of a residential setting.

 

(d) Personal care assistance services qualify for the enhanced rate described in subdivision 17a if the personal care assistant providing the services:

 

(1) provides covered services to a recipient who qualifies for 12 or more hours per day of personal care assistance services; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 2.  Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended to read:

 

Subd. 16.  Support workers requirements.  (a) Support workers shall:

 

(1) enroll with the department as a support worker after a background study under chapter 245C has been completed and the support worker has received a notice from the commissioner that the support worker:

 

(i) is not disqualified under section 245C.14; or

 

(ii) is disqualified, but has received a set-aside of the disqualification under section 245C.22;

 

(2) have the ability to effectively communicate with the participant or the participant's representative;

 

(3) have the skills and ability to provide the services and supports according to the participant's CFSS service delivery plan and respond appropriately to the participant's needs;

 

(4) complete the basic standardized CFSS training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  CFSS support worker training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7444

responsibilities of support workers including information about basic body mechanics, emergency preparedness, orientation to positive behavioral practices, orientation to responding to a mental health crisis, fraud issues, time cards and documentation, and an overview of person-centered planning and self-direction.  Upon completion of the training components, the support worker must pass the certification test to provide assistance to participants;

 

(5) complete employer-directed training and orientation on the participant's individual needs;

 

(6) maintain the privacy and confidentiality of the participant; and

 

(7) not independently determine the medication dose or time for medications for the participant.

 

(b) The commissioner may deny or terminate a support worker's provider enrollment and provider number if the support worker:

 

(1) does not meet the requirements in paragraph (a);

 

(2) fails to provide the authorized services required by the employer;

 

(3) has been intoxicated by alcohol or drugs while providing authorized services to the participant or while in the participant's home;

 

(4) has manufactured or distributed drugs while providing authorized services to the participant or while in the participant's home; or

 

(5) has been excluded as a provider by the commissioner of human services, or by the United States Department of Health and Human Services, Office of Inspector General, from participation in Medicaid, Medicare, or any other federal health care program.

 

(c) A support worker may appeal in writing to the commissioner to contest the decision to terminate the support worker's provider enrollment and provider number.

 

(d) A support worker must not provide or be paid for more than 275 310 hours of CFSS per month, regardless of the number of participants the support worker serves or the number of agency-providers or participant employers by which the support worker is employed.  The department shall not disallow the number of hours per day a support worker works unless it violates other law.

 

(e) CFSS qualify for an enhanced rate if the support worker providing the services:

 

(1) provides services, within the scope of CFSS described in subdivision 7, to a participant who qualifies for 12 or more hours per day of CFSS; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 3.  TEMPORARY ALLOWANCE OF PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7445

Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is a personal care assistance recipient or a spouse of a personal care assistance recipient may provide and be paid for providing personal care assistance services.  This section expires January 31, 2021, or 60 days after the peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, is terminated or rescinded by proper authority, whichever is earlier.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 4.  APPROPRIATION; PERSONAL CARE ASSISTANCE TEMPORARY RATE INCREASE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (b).

 

(d) "Direct support professional" means an individual employed to personally provide personal care assistance services covered by medical assistance under Minnesota Statutes, section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or chapter 256S.  Direct support professional does not include managerial or administrative staff who do not personally provide the services described in this paragraph.

 

(e) "Direct support services" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (c).

 

Subd. 2.  Temporary rates for direct support services.  (a) To respond to the infectious disease known as COVID-19, the commissioner must temporarily increase rates and enhanced rates by 15 percent for direct support services provided under a covered program or under Minnesota Statutes, section 256B.0659, while this section is effective.

 

(b) Providers that receive a rate increase under this section must use at least 80 percent of the additional revenue to increase wages, salaries, and benefits for personal care assistants, and any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums; and any remainder of the additional revenue for activities and items necessary to support compliance with Centers for Disease Control and Prevention guidance on sanitation and personal protective equipment.

 

Subd. 3.  Capitation rates and directed payments.  (a) To implement the temporary rate increase under this section, managed care plans and county-based purchasing plans shall increase rates and enhanced rates by 15 percent for the direct support services.

 

(b) In combination with contract amendments instructing plans to increase reimbursement rates for direct support services, the commissioner shall adjust capitation rates paid to managed care plans and county-based purchasing plans as needed to maintain managed care plans' expected medical loss ratios.

 

(c) Contracts between managed care plans and providers and between county-based purchasing plans and providers must allow recovery of payments from providers if federal approval for the provisions of this subdivision is not received and the commissioner reduces capitation payments as a result.  Payment recoveries must not exceed the amount equal to any decrease in rates that results from this paragraph.


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Subd. 4.  Consumer-directed community supports budgets.  Lead agencies shall temporarily increase the budget for each recipient of consumer-directed community supports to reflect a 15 percent rate increase for direct support services.

 

Subd. 5.  Consumer support grants; increased maximum allowable grant.  The commissioner shall temporarily increase the maximum allowable monthly grant level for each recipient of consumer support grants to reflect a 15 percent rate increase for direct support services.

 

Subd. 6.  Distribution plans.  (a) A provider agency or individual provider that receives a rate increase under subdivision 2 shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the anticipated amount and proposed uses of the additional revenue the provider will receive under subdivision 2.

 

(b) By August 15, 2020, the provider must post the distribution plan for a period of at least six weeks in an area of the provider's operation to which all direct support professionals have access.  The provider must post with the distribution plan instructions on how to file an appeal with the commissioner if direct support professionals do not believe they have received the wage increase or benefits specified in the distribution plan.  The instructions must include a mailing address, electronic address, and telephone number that the direct support professional may use to contact the commissioner or the commissioner's representative.

 

Subd. 7.  Expiration.  This section expires January 31, 2021, or 60 days after the peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19 is terminated or rescinded by proper authority, whichever is earlier.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 5.  APPROPRIATION; PERSONAL CARE ASSISTANCE.

 

(a) $43,000 in fiscal year 2020 and $26,170,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of human services to implement the personal care assistance provisions in this act.  This is a onetime appropriation.

 

(b) The commissioner of management and budget must determine whether any expenditure for which an appropriation is made under this section is an eligible use of federal funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, Title V.  If the commissioner of management and budget determines an expenditure is eligible for funding under Title V of the CARES Act, the amount for the eligible expenditure is appropriated from the account where CARES Act money has been deposited and the corresponding amount appropriated under this section cancels to the general fund."

 

Delete the title and insert:

 

"A bill for an act relating to human services; increasing hour limitations for personal care assistants and support workers; permitting personal care assistance compensation for services provided by a parent or spouse during a peacetime emergency for an outbreak of COVID-19; providing temporary rate increases for personal care assistance; appropriating money; amending Minnesota Statutes 2019 Supplement, sections 256B.0659, subdivision 11; 256B.85, subdivision 16."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7447

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 334, A bill for an act relating to public safety; expanding the membership of the Board of Peace Officer Standards and Training; amending Minnesota Statutes 2018, section 626.841.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 627, A bill for an act relating to public safety; requiring law enforcement policies on best practices for eyewitness identifications; proposing coding for new law in Minnesota Statutes, chapter 624.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "624.8433" and insert "626.8433"

 

Page 1, line 7, delete "2019" and insert "2020"

 

Page 1, line 9, delete "for" and insert "in"

 

Page 1, line 12, before "lineup" insert "live or photographic"

 

Page 1, line 13, delete "person be shielded so as to prevent" and insert "administrator use a photographic lineup that prevents" and delete "person" and insert "administrator" and delete the second "lineup"

 

Page 1, line 14, after "member" insert "of the photographic lineup" and after "eyewitness" insert "at a given time"

 

Page 1, line 17, delete "match" and insert "be substantially similar to"

 

Page 2, line 1, delete "2020" and insert "2021"

 

Page 2, after line 4 insert:

 

"Subd. 3.  Admissibility of evidence not impacted.  Nothing in this section is intended to preclude the admissibility of any relevant evidence or to affect the standards governing the admissibility of evidence under the United States or Minnesota Constitution."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 627 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7448

Hornstein from the Transportation Finance and Policy Division to which was referred:

 

H. F. No. 976, A bill for an act relating to transportation; allowing Minneapolis to restrict engine braking along a segment of Interstate Highway 94.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 160.05, subdivision 1, is amended to read:

 

Subdivision 1.  Six years.  (a) When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not.  Nothing contained in this subdivision shall impair the right, title, or interest of the water department of any city of the first class secured under Special Laws 1885, chapter 110.  This subdivision shall apply to roads and streets except platted streets within cities.  If a road authority fails to give the notice required by paragraph (b), this subdivision does not apply.

 

(b) Before a road authority may make any repairs or conduct any work on a private road as defined by section 169.011, subdivision 57, the road authority must notify the owner of the road of the intent to make repairs or conduct work on the private road.  The notice must be sent to the owner by certified mail.  The notice must specify the segment of road that is the subject of the notice and state the duration of the repairs or work.  The notice must include the following:  "Pursuant to Minnesota Statutes, section 160.05, your private road may be deemed to be dedicated to the public if the following conditions are met for six continuous years:  (1) the road is used by the public; and (2) the road is repaired or worked on by a road authority.  This means that the road will no longer be a private road but will be a public road.  You will not receive compensation from the road authority when the road is dedicated to the public."

 

EFFECTIVE DATE; APPLICATION.  This section is effective August 1, 2020, and applies to any repairs, maintenance, or work newly started on a private road on or after that date.  This section does not apply to a road segment for which:  (1) repair or work started before August 1, 2020; or (2) a road authority has continuously maintained since before August 1, 2020.

 

Sec. 2.  Minnesota Statutes 2018, section 161.115, subdivision 43, is amended to read:

 

Subd. 43.  Route No. 112.  Beginning at the terminus of Route No. 53 on the southerly limits of the city of South St. Paul a point on the southerly limits of the city of St. Paul, thence extending through South St. Paul into the city of St. Paul northerly to connect with Route No. 102 as herein established.

 

EFFECTIVE DATE.  This section is effective after the conditions in Laws 2019, First Special Session chapter 3, article 3, section 120, as amended by this act, are met.

 

Sec. 3.  Minnesota Statutes 2019 Supplement, section 161.14, subdivision 94, is amended to read:

 

Subd. 94.  Specialist Noah Pierce Bridge.  The bridge on marked Trunk Highway 37 over marked U.S. Highway 53 U.S. Highway 53 over marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce Bridge."  Subject to section 161.139, the commissioner must adopt a suitable design to mark this bridge and erect appropriate signs.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7449

Sec. 4.  Minnesota Statutes 2018, section 168.09, subdivision 7, is amended to read:

 

Subd. 7.  Display of temporary permit.  (a) A vehicle that displays a Minnesota plate issued under this chapter may display a temporary permit in conjunction with expired registration if:

 

(1) the current registration tax and all other fees and taxes have been paid in full; and

 

(2) the plate has been applied for.

 

(b) A vehicle may display a temporary permit in conjunction with expired registration, with or without a registration plate, if:

 

(1) the plates have been applied for;

 

(2) the registration tax and other fees and taxes have been paid in full; and

 

(3) either the vehicle is used solely as a collector vehicle while displaying the temporary permit and not used for general transportation purposes or the vehicle was issued a 21-day permit under section 168.092, subdivision 1.

 

(c) The permit is valid for a period of 60 days.  The permit must be in a format prescribed by the commissioner and whenever practicable must be posted upon the driver's side of the rear window on the inside of the vehicle, affixed to the rear of the vehicle where a license plate would normally be affixed, and plainly visible.  The permit is valid only for the vehicle for which it was issued to allow a reasonable time for the new plates to be manufactured and delivered to the applicant.  The permit may be issued only by the commissioner or by a deputy registrar under section 168.33.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier.  The commissioner of public safety must notify the revisor of statutes of the effective date.

 

Sec. 5.  Minnesota Statutes 2018, section 168.091, is amended to read:

 

168.091 31-DAY TEMPORARY VEHICLE PERMIT.

 

Subdivision 1.  Nonresident buyer.  (a) Upon payment of a fee of $1, the commissioner may issue a permit to a nonresident purchasing a vehicle in this state for the sole purpose of allowing the vehicle to be removed from this state.

 

(b) The permit is in lieu of any other registration or taxation for use of the highways and is valid for a period of 31 days from the date of sale, trade, or gift.

 

(c) The permit must be available in an electronic format as determined by the commissioner.

 

(d) If the sale, gift, or trade information is electronically transmitted to the commissioner by a dealer or deputy registrar of motor vehicles, the $1 fee is waived.

 

(e) The permit must be posted upon the left side of the inside rear window of the vehicle or, if not practicable, affixed to the rear of the vehicle where it is plainly visible to law enforcement.  Each permit is valid only for the vehicle for which the permit was issued.


Journal of the House - 86th Day - Monday, May 4, 2020 - Top of Page 7450

Subd. 2.  Dealer.  The registrar may issue a quantity of permits in booklet form to licensed dealers upon payment of the proper fee for each permit contained in said booklet.  When issuing a permit, the dealer shall immediately forward to the registrar information on forms supplied by the registrar showing to whom the permit was issued, the vehicle description, date of issue and expiration, and such other information as the registrar may require.

 

Subd. 3.  Proceeds to highway user fund.  All payments received for such permits shall be paid into the state treasury and credited to the highway user tax distribution fund.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier.  The commissioner of public safety must notify the revisor of statutes of the effective date.

 

Sec. 6.  Minnesota Statutes 2018, section 168.092, is amended to read:

 

168.092 21-DAY TEMPORARY VEHICLE PERMIT.

 

Subdivision 1.  Resident buyer.  The motor vehicle registrar may issue a permit to a person purchasing a new or used motor vehicle in this state for the purpose of allowing the purchaser a reasonable time to register the vehicle and pay fees and taxes due on the transfer.  The permit is valid for a period of 21 days.  The permit must be in a form as the registrar may determine and, whenever practicable must be posted upon the left side of the inside rear window of the vehicle, affixed to the rear of the vehicle where a license plate would normally be affixed, and plainly visible.  Each permit is valid only for the vehicle for which issued.

 

Subd. 2.  Dealer.  The registrar may issue a quantity of permits to licensed dealers.  When issuing a permit, the dealer shall complete the permit in the manner prescribed by the department.  One copy of the permit shall be retained in sequential order in the dealer's files.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, or upon initial deployment of the replacement motor vehicle title and registration information system, whichever is earlier.  The commissioner of public safety must notify the revisor of statutes of the effective date.

 

Sec. 7.  Minnesota Statutes 2018, section 169.09, subdivision 3, is amended to read:

 

Subd. 3.  Driver to give information.  (a) The driver of any motor vehicle involved in a collision the driver knows or has reason to know results in bodily injury to or death of another, or damage to any vehicle driven or attended by another, shall give the driver's name, address, and date of birth, mailing address or e­mail address, and the registration plate number of the vehicle being driven.  The driver shall, upon request and if available, exhibit the driver's license or permit to drive to the individual struck or the driver or occupant of or individual attending any vehicle collided with.  The driver also shall give the information and upon request exhibit the license or permit to any peace officer at the scene of the collision or who is investigating the collision.  The driver shall render reasonable assistance to any individual injured in the collision.

 

(b) If not given at the scene of the collision, the driver, within 72 hours after the accident, shall give, on request to any individual involved in the collision or to a peace officer investigating the collision, the name and address of the insurer providing vehicle liability insurance coverage, and the local insurance agent for the insurer.

 

Sec. 8.  Minnesota Statutes 2018, section 169.451, subdivision 2, is amended to read:

 

Subd. 2.  Inspection certificate.  Except as provided in subdivision 2a, no person shall drive, or no owner shall knowingly permit or cause to be driven, any school bus or Head Start bus unless there is displayed thereon a certificate issued by the commissioner of public safety stating that on a certain date, which shall be within 13 months of the date of operation, a member of the Minnesota State Patrol inspected the bus and found that on the date of inspection the bus complied with the applicable provisions of state law relating to construction, design, equipment, and color.


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

 

Sec. 9.  Minnesota Statutes 2018, section 169.451, is amended by adding a subdivision to read:

 

Subd. 2a.  Interim inspection; certificate.  In lieu of the certificate required in subdivision 2, a new or used school bus being sold by a dealer in this state may display an interim inspection certificate.  The school bus dealer completing the preregistration certificate required in section 168.102 may inspect the bus to determine if the bus complies with the applicable provisions of state law relating to construction, design, equipment, and color.  If the bus complies with the applicable provisions of state law, the dealer may affix the interim inspection certificate to the school bus, indicating that on the date of the inspection, the bus complied with the applicable provisions of state law relating to construction, design, equipment, and color.  The interim certificate must include the date of the inspection and must be valid until the owner's next scheduled annual inspection, but must not be valid for more than 12 months following the month of the initial inspection.  The commissioner must provide the prescribed interim inspection certificates at no cost to the dealer. 

 

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

 

Sec. 10.  Minnesota Statutes 2018, section 169.451, subdivision 4, is amended to read:

 

Subd. 4.  Violation; penalty.  The State Patrol shall enforce subdivision subdivisions 2 and 2a.  A violation of subdivision 2 is person who operates a school bus without a valid inspection certificate issued pursuant to subdivision 2 or an interim inspection certificate issued pursuant to subdivision 2a is guilty of a misdemeanor.

 

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

 

Sec. 11.  [169.812] ESCORT VEHICLES FOR OVERDIMENSIONAL LOADS; DEFINITIONS; REQUIREMENTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Licensed peace officer" means a law enforcement officer licensed under sections 626.84 to 626.863, who holds a certificate under section 299D.085, and who may operate an authorized emergency vehicle and direct and control traffic and require traffic to yield to an overdimensional load.

 

(c) "Escort driver" means an individual who holds a certificate under section 299D.085 and is authorized to control and direct traffic as a flagger during the movement of an overdimensional load following the Manual on Uniform Traffic Control Devices standards as defined by the Federal Highway Administration and section 169.06, subdivision 4.

 

(d) "Flagger" means a person who actively controls the flow of vehicular traffic into, through, or into and through a temporary traffic control zone using hand-signaling devices or an automated flagger assistance device.

 

(e) "Overdimensional load" is a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter, or otherwise not in conformity with the provisions of this chapter.

 

Subd. 2.  Escort vehicles required; width.  (a) Except as provided in paragraphs (d) and (e), no escort vehicle is required if the width of an overdimensional load is 15 feet or less as measured at the bottom of the load or is 16 feet or less as measured at the top of the load.

 

(b) Only one rear escort vehicle is required on a multilane divided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load.


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(c) Only one lead escort vehicle and one rear escort vehicle is required on any undivided roadway if the width of an overdimensional load is more than 15 feet as measured at the bottom of the load or is more than 16 feet as measured at the top of the load.

 

(d) Only one lead licensed peace officer is required when any part of an overdimensional load or a vehicle transporting an overdimensional load extends beyond the left of the centerline on an undivided roadway.

 

(e) The commissioner may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations, surfaces, or structures.  The commissioner must specify in the permit (1) the number of additional escorts required; and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers, as defined in subdivision 1.

 

Subd. 3.  Escort vehicles required; length.  (a) When a vehicle transporting an overdimensional load is operated on a multilane divided roadway:  

 

(1) only one rear escort vehicle is required if the overdimensional load has an overall length exceeding 110 feet; or

 

(2) only one lead escort vehicle and one rear escort vehicle is required if the overdimensional load has an overall length exceeding 150 feet.

 

(b) One lead escort vehicle and one rear escort vehicle is required on any undivided roadway if the overall length of the overdimensional load exceeds 110 feet.

 

(c) Notwithstanding paragraphs (a) and (b), the commissioner may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations, surfaces, or structures.  The commissioner must specify in the permit (1) the number of additional escorts required; and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers, as defined in subdivision 1.

 

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

 

Sec. 12.  Minnesota Statutes 2019 Supplement, section 171.07, subdivision 6a, is amended to read:

 

Subd. 6a.  Autism spectrum or mental health identifier.  Upon the written request of the applicant, the department commissioner must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for an autism spectrum disorder, as defined in section 62A.3094, subdivision 1, paragraph (b), or a mental health condition.  The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken.  The commissioner must not include any specific medical information on the driver's license or Minnesota identification card.

 

Sec. 13.  Minnesota Statutes 2018, section 171.07, is amended by adding a subdivision to read:

 

Subd. 6b.  Mental health identifier.  Upon the written request of the applicant, the commissioner must issue a driver's license or Minnesota identification card bearing a graphic or written identifier for a mental health condition.  The applicant must submit the written request for the identifier at the time the photograph or electronically produced image is taken.  The commissioner must not include any specific medical information on the driver's license or Minnesota identification card.

 

Sec. 14.  Minnesota Statutes 2018, section 174.30, subdivision 2a, is amended to read:

 

Subd. 2a.  Vehicle and equipment safety; provider responsibilities.  (a) Every special transportation service provider shall systematically inspect, repair, and maintain, or cause to be inspected, repaired, and maintained, the vehicles and equipment subject to the control of the provider.  Each vehicle and its equipment must be inspected


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daily.  A vehicle may not be operated in a condition that is likely to cause an accident or breakdown of the vehicle.  Equipment, including specialized equipment necessary to ensure vehicle usability and safety for disabled persons, must be in proper and safe operating condition at all times.

 

(b) Each special transportation provider shall maintain the following records for each vehicle:

 

(1) an identification of the vehicle, including make, serial number, and year, and, if the vehicle is not owned by the provider, the name and address of the person furnishing the vehicle;

 

(2) a schedule of inspection and maintenance operations to be performed;

 

(3) a record of inspections, repairs, and maintenance showing the date and nature;

 

(4) a lubrication record; and

 

(5) a record of tests conducted to ensure that emergency doors or windows and wheelchair lifts function properly.; and

 

(6) a record of trips, limited to date, time, and driver's name.

 

Sec. 15.  Minnesota Statutes 2018, section 174.30, subdivision 4a, is amended to read:

 

Subd. 4a.  Certification of special transportation provider.  (a) The commissioner may refuse to issue a certificate of compliance if an individual specified in subdivision 10, paragraph (a), clauses (1) to (3), is disqualified or is not on the provider's active roster, as defined in section 245C.02, subdivision 17a, paragraph (b).

 

(b) The commissioner shall annually evaluate or provide for the evaluation of each provider of special transportation service regulated under this section and certify that the provider is in compliance with the standards under this section.

 

Sec. 16.  Minnesota Statutes 2018, section 174.30, subdivision 8, is amended to read:

 

Subd. 8.  Administrative penalties; loss of certificate of compliance.  (a) The commissioner may issue an order requiring violations of this section and the operating standards adopted under this section to be corrected and assessing monetary penalties of up to $1,000 for all violations identified during a single inspection, investigation, or audit.  Section 221.036 applies to administrative penalty orders issued under this section or section 174.315.  The commissioner shall suspend, without a hearing, a special transportation service provider's certificate of compliance for failure to pay, or make satisfactory arrangements to pay, an administrative penalty when due.

 

(b) If the commissioner determines that an individual subject to background studies under subdivision 10, paragraph (a), is disqualified or is not on the provider's active roster, as defined in section 245C.02, subdivision 17a, paragraph (b), the commissioner must issue a written notice ordering the special transportation service provider to immediately cease permitting the individual to perform services or functions listed in subdivision 10, paragraph (a).  The written notice must include a warning that failure to comply with the order may result in the suspension or revocation of the provider's certificate of compliance under this section.

 

(c) The commissioner may suspend or revoke a provider's certificate of compliance upon determining that, following receipt by a provider of written notice under paragraph (b), the individual has continued to perform services or functions listed in subdivision 10, paragraph (a), for the provider.  A provider whose certificate is suspended or revoked may appeal the commissioner's action in a contested case proceeding under chapter 14.


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(d) If the commissioner determines that a provider has failed to pay the decal fees as required by subdivision 4, the commissioner must send written notice by certified mail ordering the provider to pay the applicable fees within 60 days after the notice was mailed.

 

(e) The commissioner may suspend a provider's certificate of compliance if the provider fails to submit the required payment after receiving written notice under paragraph (d).  A provider whose certificate is suspended may appeal the commissioner's action in a contested case proceeding under chapter 14.

 

(d) (f) Penalties collected under this section must be deposited in the state treasury and credited to the trunk highway fund.

 

Sec. 17.  Laws 2019, First Special Session chapter 3, article 2, section 34, subdivision 2, is amended to read:

 

Subd. 2.  Driver and Vehicle Systems Oversight Committee established.  (a) The Driver and Vehicle Systems Oversight Committee is established and consists of the following members:

 

(1) the chair of the senate Finance Committee, or a senator appointed by the chair of the senate Finance Committee;

 

(2) the chair and ranking minority member of the senate committee with jurisdiction over transportation finance;

 

(3) the chair of the house of representatives Ways and Means Committee, or a member of the house of representatives appointed by the chair of the house of representatives Ways and Means Committee; and

 

(4) the chair and ranking minority member of the house of representatives committee with jurisdiction over transportation finance.

 

(b) The chair of the Blue Ribbon Council on Information Technology, or the chair's designee, must serve on the committee as a nonvoting member.  If the council expires or is dissolved, this position on the committee is discontinued.  the chair of the council at the time of expiration or dissolution, or the chair's designee, must continue to serve on the committee as a nonvoting member until the committee expires as provided by subdivision 8.

 

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

 

Sec. 18.  Laws 2019, First Special Session chapter 3, article 3, section 120, is amended to read:

 

Sec. 120.  LEGISLATIVE ROUTE NO.  112 REMOVED; PARTIAL REMOVAL.  (a) Minnesota Statutes, section 161.115, subdivision 43, is repealed modified effective the day after the commissioner of transportation receives copies of the agreements between the commissioner and the governing bodies of Dakota County, and the city of South St. Paul, and the city of St. Paul to transfer jurisdiction of portions of Legislative Route No. 112 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 19.  Laws 2020, chapter 71, article 2, section 15, subdivision 2, is amended to read:

 

Subd. 2.  Licenses and identification cards.  (a) Notwithstanding Minnesota Statutes, sections 171.07, subdivision 4; 171.186, subdivision 4; and 171.27, the expiration date is extended for any valid driver's license, including but not limited to an instruction permit, provisional license, operator's permit, limited license, and farm work license, and any Minnesota identification card, issued under Minnesota Statutes, chapter 171, that absent this


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subdivision would otherwise expire (1) during the peacetime public health emergency period, or (2) on any day of the month in which the peacetime public health emergency period terminates, or (3) on any day of the month following the month in which the peacetime public health emergency period terminates.

 

(b) An extension in this subdivision is provided to the last day of the second consecutive month following the month in which the peacetime public health emergency period terminates.

 

(c) No fee or surcharge under Minnesota Statutes, chapter 171, is imposed for an extension under this subdivision.

 

(d) An extension under this subdivision does not alter the expiration date for subsequent license or Minnesota identification card renewals.  Nothing in this subdivision prevents suspension, cancellation, revocation, or disqualification as provided in Minnesota Statutes, chapter 168, 169, 169A, 171, 260B, 260C, or any other chapter.

 

(e) The authority in this subdivision does not apply:

 

(1) to issuance of a new driver's license or Minnesota identification card, except as provided in subdivision 3;

 

(2) to reinstatement of a canceled, suspended, or revoked license; and

 

(3) to a person who is no longer eligible for the license or Minnesota identification card.

 

(f) The commissioner of public safety must ensure that the driving record of a person whose driver's license expiration date is extended pursuant to this subdivision indicates that the person's driver's license is valid until the extension expires as provided in this subdivision.  The commissioner must ensure, as far as practicable, that this information is available to law enforcement and other entities outside the state of Minnesota.

 

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

 

Sec. 20.  FEDERAL FUNDS REPORTING REQUIREMENTS.

 

(a) For purposes of this section, "federal funds" means any funding received by the state from the federal government pursuant to any federal law, rule, grant, or loan relating to the infectious disease known as COVID-19.  This includes but is not limited to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136.

 

(b) The commissioner of transportation must report all expenditures of federal funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy by February 15, 2021, and annually thereafter until all federal funds are expended.  The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the commissioner determines is necessary to properly document each expenditure.

 

(c) The commissioner of public safety must report all expenditures of federal funds relating to driver and vehicle services and the State Patrol to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy by February 15, 2021, and annually thereafter until all federal funds are expended.  The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the commissioner determines is necessary to properly document each expenditure.

 

(d) The chair of the Metropolitan Council must report all expenditures of federal funds to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation finance and policy or the Metropolitan Council by February 15, 2021, and annually thereafter until all federal funds are expended.  The report must include the total amount of each expenditure, the purpose of each expenditure, and any additional information the chair determines is necessary to properly document each expenditure.


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

 

Sec. 21.  LEGISLATIVE ROUTE NO.  237 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 168, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Stearns County to transfer jurisdiction of Legislative Route No. 237 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 22.  REQUIRING USE OF WARNING LIGHTS AND STOP ARMS ON SCHOOL BUSES WHEN MAKING DELIVERIES TO STUDENTS.

 

(a) For purposes of this section, "peacetime public health emergency period" means the duration of any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19, but ending no later than January 31, 2021.

 

(b) Notwithstanding Minnesota Statutes, section 169.443, subdivision 3, during a peacetime emergency, a school bus driver must activate the prewarning flashing amber signals or flashing red signals and the stop arm signal when the school bus is stopped on a street or highway to deliver or drop off food, schoolwork, supplies, or other items for students.

 

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

 

Sec. 23.  ROAD AND BRIDGE FUND MONEY FROM UNORGANIZED TOWNSHIPS; AITKIN COUNTY.

 

Notwithstanding Minnesota Statutes, section 163.06, subdivision 4, the road and bridge fund tax money collected from unorganized townships in Aitkin County need not be set apart in separate funds for each township.  Notwithstanding Minnesota Statutes, section 163.06, subdivision 5, road and bridge fund tax money that is collected from the various unorganized townships may be expended by the Aitkin County Board in any of the unorganized townships in the county.

 

EFFECTIVE DATE.  This section is effective the day after the Aitkin County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 24.  REPEALER.

 

(a) Minnesota Statutes 2018, section 169.86, subdivision 3b, is repealed.

 

(b) Minnesota Statutes 2018, section 174.30, subdivision 4b, is repealed.

 

EFFECTIVE DATE.  Paragraph (a) is effective the day following final enactment.  Paragraph (b) is effective August 1, 2020."


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Delete the title and insert:

 

"A bill for an act relating to transportation; making various policy changes, including establishing escort vehicle requirements for overdimensional loads, modifying display requirements for temporary permits, creating interim safety inspection certificates for school buses, authorizing legislative route turnbacks, and adding mental health identifiers to drivers' licenses; requiring use of school bus warning lights and stop arms when delivering food and supplies to students during peacetime public health emergency; requiring reports regarding use of federal funding received by state to respond to COVID-19; amending Minnesota Statutes 2018, sections 160.05, subdivision 1; 161.115, subdivision 43; 168.09, subdivision 7; 168.091; 168.092; 169.09, subdivision 3; 169.451, subdivisions 2, 4, by adding a subdivision; 171.07, by adding a subdivision; 174.30, subdivisions 2a, 4a, 8; Minnesota Statutes 2019 Supplement, sections 161.14, subdivision 94; 171.07, subdivision 6a; Laws 2019, First Special Session chapter 3, article 2, section 34, subdivision 2; article 3, section 120; Laws 2020, chapter 71, article 2, section 15, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 169; repealing Minnesota Statutes 2018, sections 169.86, subdivision 3b; 174.30, subdivision 4b."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 976 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 1236, A bill for an act relating to public safety; regulating the use of unmanned aerial vehicles by law enforcement agencies; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 169A.63, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given them.

 

(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical tests for intoxication).

 

(c) "Asserting person" means a person, other than the driver alleged to have committed a designated offense, claiming an ownership interest in a vehicle that has been seized or restrained under this section.

 

(c) (d) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold or security interest in a motor vehicle.

 

(d) (e) "Designated license revocation" includes a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years of the first of two or more qualified prior impaired driving incidents.


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(e) (f) "Designated offense" includes:

 

(1) a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired), or 169A.25 (second-degree driving while impaired); or

 

(2) a violation of section 169A.20 or an ordinance in conformity with it:  within ten years of the first of two qualified prior impaired driving incidents.

 

(i) by a person whose driver's license or driving privileges have been canceled as inimical to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or

 

(ii) by a person who is subject to a restriction on the person's driver's license under section 171.09 (commissioner's license restrictions), which provides that the person may not use or consume any amount of alcohol or a controlled substance.

 

(f) (g) "Family or household member" means:

 

(1) a parent, stepparent, or guardian;

 

(2) any of the following persons related by blood, marriage, or adoption:  brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or

 

(3) persons residing together or persons who regularly associate and communicate with one another outside of a workplace setting.

 

(g) (h) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken in violation of the law.

 

(h) (i) "Owner" means a person legally entitled to possession, use, and control of a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days or more.  There is a rebuttable presumption that a person registered as the owner of a motor vehicle according to the records of the Department of Public Safety is the legal owner.  For purposes of this section, if a motor vehicle is owned jointly by two or more people, each owner's interest extends to the whole of the vehicle and is not subject to apportionment.

 

(i) (j) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense or a designee.  If a state agency initiated the forfeiture, and the attorney responsible for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's Office or its designee may initiate forfeiture under this section.

 

(j) (k) "Security interest" means a bona fide security interest perfected according to section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is required to be registered under chapter 168, is listed on the vehicle's title.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 2.  Minnesota Statutes 2018, section 169A.63, subdivision 7, is amended to read:

 

Subd. 7.  Limitations on vehicle forfeiture.  (a) A vehicle is presumed subject to forfeiture under this section if:

 

(1) the driver is convicted of the designated offense upon which the forfeiture is based; or


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(2) the driver fails to appear for a scheduled court appearance with respect to the designated offense charged and fails to voluntarily surrender within 48 hours after the time required for appearance; or

 

(3) (2) the driver's conduct results in a designated license revocation and the driver fails to seek judicial review of the revocation in a timely manner as required by section 169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed and sustained under section 169A.53, subdivision 2.

 

(b) A vehicle encumbered by a security interest perfected according to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.  However, when the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle.  If the sale of the vehicle is conducted in a commercially reasonable manner consistent with the provisions of section 336.9-610, the agency is not liable to the secured party for any amount owed on the loan in excess of the sale proceeds.  The validity and amount of a nonperfected security interest must be established by its holder by clear and convincing evidence.

 

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor demonstrates by clear and convincing evidence that the party or lessor took reasonable steps to terminate use of the vehicle by the offender.

 

(d) A motor vehicle is not subject to forfeiture under this section if any of its owners who petition the court can demonstrate by clear and convincing evidence that the petitioning owner did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the petitioning owner took reasonable steps to prevent use of the vehicle by the offender.  If the offender is a family or household member of any of the owners who petition the court and has three or more prior impaired driving convictions, the petitioning owner is presumed to know of any vehicle use by the offender that is contrary to law.  "Vehicle use contrary to law" includes, but is not limited to, violations of the following statutes:

 

(1) section 171.24 (violations; driving without valid license);

 

(2) section 169.791 (criminal penalty for failure to produce proof of insurance);

 

(3) section 171.09 (driving restrictions; authority, violations);

 

(4) section 169A.20 (driving while impaired);

 

(5) section 169A.33 (underage drinking and driving); and

 

(6) section 169A.35 (open bottle law).

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 3.  Minnesota Statutes 2018, section 169A.63, is amended by adding a subdivision to read:

 

Subd. 7a.  Innocent owner.  (a) An asserting person may bring an innocent owner claim by notifying the prosecuting authority in writing and within 60 days of the service of the notice of seizure.


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(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may release the vehicle to the asserting person.  If the prosecuting authority proceeds with the forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, specifying that the vehicle was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of the vehicle's unlawful use.  The complaint may be filed in district court or conciliation court and the filing fee is waived.

 

(c) A complaint filed by the prosecuting authority must be served on the asserting person and on any other registered owners.  Service may be made by certified mail at the address listed in the Department of Public Safety's computerized motor vehicle registration records or by any means permitted by court rules.

 

(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days of the filing of the petition.  The court may consolidate the hearing on the complaint with a hearing on any other complaint involving a claim of an ownership interest in the same vehicle.

 

(e) At a hearing held pursuant to this subdivision, the prosecuting authority must:

 

(1) prove by a preponderance of the evidence that the seizure was incident to a lawful arrest or a lawful search; and

 

(2) certify that the prosecuting authority has filed, or intends to file, charges against the driver for a designated offense or that the driver has a designated license revocation.

 

(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a preponderance of the evidence that the asserting person:

 

(1) has an actual ownership interest in the vehicle; and

 

(2) did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the asserting person took reasonable steps to prevent use of the vehicle by the alleged offender.

 

(g) If the court determines that the state met both burdens under paragraph (e) and the asserting person failed to meet any burden under paragraph (f), the court shall order that the vehicle remains subject to forfeiture under this section.

 

(h) The court shall order that the vehicle is not subject to forfeiture under this section and shall order the vehicle returned to the asserting person if it determines that:

 

(1) the state failed to meet any burden under paragraph (e);

 

(2) the asserting person proved both elements under paragraph (f); or

 

(3) clauses (1) and (2) apply.

 

(i) If the court determines that the asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the vehicle is not required to release it until the innocent owner pays:

 

(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before the innocent owner provided the notice required under paragraph (a); and


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(2) any reasonable costs of storage of the vehicle incurred more than two weeks after an order issued under paragraph (h).

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 4.  Minnesota Statutes 2018, section 169A.63, subdivision 8, is amended to read:

 

Subd. 8.  Administrative forfeiture procedure.  (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.

 

(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle.  Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle.  For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title.  Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.  Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle.  For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle.  Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.

 

(c) The notice must be in writing and contain:

 

(1) a description of the vehicle seized;

 

(2) the date of seizure; and

 

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English.  This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.

 

Substantially the following language must appear conspicuously in the notice:

 

"WARNING:  If you were the driver, you will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days.  You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court.  You may do not have to pay a filing fee for your lawsuit if you are unable to afford the fee.  You do not have to pay a conciliation court fee if your property is worth less than $500.

 

WARNING:  If you have an ownership interest in the vehicle and were not the driver, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."

 

(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property vehicle to the person from whom the property was seized, if known owner.  An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.


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(e) Within 60 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture.  The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, including the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01.  The claimant may serve the complaint by certified mail or any means permitted by court rules.  If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized vehicle.  A copy of the conciliation court statement of claim must be served personally or by mail on the prosecuting authority having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated the forfeiture, within 60 days following service of the notice of seizure and forfeiture under this subdivision.  If the value of the seized property is less than $500, The claimant does not have to pay the conciliation court filing fee.

 

No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter.  The prosecuting authority may appear for the appropriate agency.  Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure.

 

(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have.  Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

 

(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 5.  Minnesota Statutes 2018, section 169A.63, subdivision 10, is amended to read:

 

Subd. 10.  Disposition of forfeited vehicle.  (a) If the vehicle is administratively forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:

 

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

 

(2) keep the vehicle for official use.  If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.

 

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the state or local agency's operating fund or similar fund for use in DWI-related enforcement, training, and education, crime prevention, equipment, or capital expenses; and

 

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses.  For purposes of this subdivision, the prosecuting


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authority shall not include privately contracted prosecutors of a local political subdivision and, in those events, the forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was handled for the purposes identified in clause (1).

 

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the vehicle to:  (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.

 

(d) Sales of forfeited vehicles under this section must be conducted in a commercially reasonable manner.

 

(e) If a vehicle is forfeited administratively under this section and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value.  Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in this subdivision.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 6.  Minnesota Statutes 2019 Supplement, section 169A.63, subdivision 13, is amended to read:

 

Subd. 13.  Exception.  (a) A forfeiture proceeding is stayed and the vehicle must be returned if the driver who committed a designated offense or whose conduct resulted in a designated license revocation becomes a program participant in the ignition interlock program under section 171.306 at any time before the motor vehicle is forfeited, the forfeiture proceeding is stayed and the vehicle must be returned and any of the following apply:

 

(1) the driver committed a designated offense other than a violation of section 169A.20 under the circumstances described in section 169A.24; or

 

(2) the driver is accepted into a treatment court dedicated to changing the behavior of alcohol- and other drug‑dependent offenders arrested for driving while impaired.

 

(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph (a) may be seized and the forfeiture action may proceed under this section if the program participant described in paragraph (a):

 

(1) subsequently operates a motor vehicle:

 

(i) to commit a violation of section 169A.20 (driving while impaired);

 

(ii) in a manner that results in a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177;

 

(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or

 

(iv) without an ignition interlock device at any time when the driver's license requires such device; or

 

(2) either voluntarily or involuntarily ceases to participate in the program for more than 30 days, or fails to successfully complete it as required by the Department of Public Safety due to:


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(i) two or more occasions of the participant's driving privileges being withdrawn for violating the terms of the program, unless the withdrawal is determined to be caused by an error of the department or the interlock provider; or

 

(ii) violating the terms of the contract with the provider as determined by the provider.; or

 

(3) if forfeiture was stayed after the driver entered a treatment court, the driver ceases to be a participant in the treatment court for any reason.

 

(c) Paragraph (b) applies only if the described conduct occurs before the participant has been restored to full driving privileges or within three years of the original designated offense or designated license revocation, whichever occurs latest.

 

(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide a discounted rate to indigent program participants applies also to device installation under this subdivision.

 

(e) An impound or law enforcement storage lot operator must allow an ignition interlock manufacturer sufficient access to the lot to install an ignition interlock device under this subdivision.

 

(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have been paid by the vehicle owner.

 

(g) At any time prior to the vehicle being forfeited, the appropriate agency may require that the owner or driver of the vehicle give security or post bond payable to the appropriate agency in an amount equal to the retail value surrender the title of the seized vehicle.  If this occurs, any future forfeiture action against the vehicle must instead proceed against the security as if it were the vehicle.

 

(h) The appropriate agency may require an owner or driver to give security or post bond payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing the vehicle from the impound lot to install an ignition interlock device.

 

(i) (h) If an event described in paragraph (b) occurs in a jurisdiction other than the one in which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the vehicle, among the appropriate agencies and prosecuting authorities in each jurisdiction.

 

(j) (i) Upon successful completion of the program, the stayed forfeiture proceeding is terminated or dismissed and any vehicle, security, or bond held by an agency must be returned to the owner of the vehicle.

 

(k) (j) A claimant of a vehicle for which a forfeiture action was stayed under paragraph (a) but which later proceeds under paragraph (b), may file a demand for judicial forfeiture as provided in subdivision 8, in which case the forfeiture proceedings must be conducted as provided in subdivision 9.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 7.  Minnesota Statutes 2018, section 169A.63, is amended by adding a subdivision to read:

 

Subd. 14.  Subsequent unlawful use of seized vehicle; immunity.  An appropriate agency or prosecuting authority, including but not limited to any peace officer as defined in section 626.84, subdivision 1, paragraph (c); prosecutor; or employee of an appropriate agency or prosecuting authority who, in good faith and within the course


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and scope of the official duties of the person or entity, returns a vehicle seized under this chapter to the owner pursuant to this section shall be immune from criminal or civil liability regarding any event arising out of the subsequent unlawful or unauthorized use of the motor vehicle.

 

EFFECTIVE DATE.  This section is effective January 1, 2021.

 

Sec. 8.  Minnesota Statutes 2018, section 609.531, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.

 

(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it.  The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.

 

(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.

 

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

 

(d) "Contraband" means property which is illegal to possess under Minnesota law.

 

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park rangers, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.

 

(f) "Designated offense" includes:

 

(1) for weapons used:  any violation of this chapter, chapter 152 or 624;

 

(2) for driver's license or identification card transactions:  any violation of section 171.22; and

 

(3) for all other purposes:  a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.

 

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

 

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.


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(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2021.

 

Sec. 9.  Minnesota Statutes 2018, section 609.531, is amended by adding a subdivision to read:

 

Subd. 9.  Transfer of forfeitable property to federal government.  The appropriate agency shall not directly or indirectly transfer property subject to forfeiture under sections 609.531 to 609.5318 to a federal agency if the transfer would circumvent state law.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 10.  Minnesota Statutes 2018, section 609.5311, subdivision 2, is amended to read:

 

Subd. 2.  Associated property.  (a) All personal property, and real and personal property, other than homestead property exempt from seizure under section 510.01, that has been used, or is intended for use, or has in any way facilitated, in whole or in part, the manufacturing, compounding, processing, delivering, importing, cultivating, exporting, transporting, or exchanging of contraband or a controlled substance that has not been lawfully manufactured, distributed, dispensed, and acquired is an instrument or represents the proceeds of a controlled substance offense is subject to forfeiture under this section, except as provided in subdivision 3.

 

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).

 

(c) Money is the property of an appropriate agency and may be seized and recovered by the appropriate agency if:

 

(1) the money is used by an appropriate agency, or furnished to a person operating on behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; and

 

(2) the appropriate agency records the serial number or otherwise marks the money for identification.

 

As used in this paragraph, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 11.  Minnesota Statutes 2018, section 609.5311, subdivision 3, is amended to read:

 

Subd. 3.  Limitations on forfeiture of certain property associated with controlled substances.  (a) A conveyance device is subject to forfeiture under this section only if the retail value of the controlled substance is $75 $100 or more and the conveyance device is associated with a felony-level controlled substance crime was used in the transportation or exchange of a controlled substance intended for distribution or sale.

 

(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $2,000 or more.


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(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.

 

(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.

 

(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based.  A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.

 

(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.

 

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if:  (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.

 

(h) Money is subject to forfeiture under this section only if it has a total value of $1,500 or more or there is probable cause to believe that the money was exchanged for the purchase of a controlled substance.  As used in this paragraph, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

(h) (i) The Department of Corrections Fugitive Apprehension Unit shall not seize a conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to (g).

 

(j) Nothing in this subdivision prohibits the seizure, with or without warrant, of any property or thing for the purpose of being produced as evidence on any trial or for any other lawful purpose.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 12.  Minnesota Statutes 2018, section 609.5311, subdivision 4, is amended to read:

 

Subd. 4.  Records; proceeds.  (a) All books, records, and research products and materials, including formulas, microfilm, tapes, and data that are used, or intended for use in the manner described in subdivision 2 are subject to forfeiture.

 

(b) All property, real and personal, that represents proceeds derived from or traceable to a use described in subdivision 2 is subject to forfeiture.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 13.  Minnesota Statutes 2018, section 609.5314, subdivision 1, is amended to read:

 

Subdivision 1.  Property subject to administrative forfeiture; presumption.  (a) The following are presumed to be subject to administrative forfeiture under this section:


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(1) all money totaling $1,500 or more, precious metals, and precious stones found in proximity to:  that there is probable cause to believe represent the proceeds of a controlled substance offense;

 

(i) controlled substances;

 

(ii) forfeitable drug manufacturing or distributing equipment or devices; or

 

(iii) forfeitable records of manufacture or distribution of controlled substances;

 

(2) all money found in proximity to controlled substances when there is probable cause to believe that the money was exchanged for the purchase of a controlled substance;

 

(2) (3) all conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under chapter 152 there is probable cause to believe that the conveyance device was used in the transportation or exchange of a controlled substance intended for distribution or sale; and

 

(3) (4) all firearms, ammunition, and firearm accessories found:

 

(i) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;

 

(ii) on or in proximity to a person from whom a felony amount of controlled substance is seized; or

 

(iii) on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152.

 

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items listed in paragraph (a), clauses (2) (3) and (3) (4), for the purposes of forfeiture.

 

(c) a claimant of the property bears the burden to rebut this presumption.  Money is the property of an appropriate agency and may be seized and recovered by the appropriate agency if:

 

(1) the money is used by an appropriate agency, or furnished to a person operating on behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; and

 

(2) the appropriate agency records the serial number or otherwise marks the money for identification.

 

(d) As used in this section, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 14.  Minnesota Statutes 2018, section 609.5314, is amended by adding a subdivision to read:

 

Subd. 1a.  Innocent owner.  (a) Any person, other than the defendant driver, alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section may assert that right by notifying the prosecuting authority in writing and within 60 days of the service of the notice of seizure.


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(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may release the vehicle to the asserting person.  If the prosecuting authority proceeds with the forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, specifying that the vehicle was used in the transportation or exchange of a controlled substance intended for distribution or sale, and specifying the time and place of the vehicle's unlawful use.  The complaint may be filed in district court or conciliation court and the filing fee is waived.

 

(c) A complaint filed by the prosecuting authority must be served on the asserting person and on any other registered owners.  Service may be made by certified mail at the address listed in the Department of Public Safety's computerized motor vehicle registration records or by any means permitted by court rules.

 

(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days of the filing of the petition.  The court may consolidate the hearing on the complaint with a hearing on any other complaint involving a claim of an ownership interest in the same vehicle.

 

(e) At a hearing held pursuant to this subdivision, the state must prove by a preponderance of the evidence that:

 

(1) the seizure was incident to a lawful arrest or a lawful search; and

 

(2) the vehicle was used in the transportation or exchange of a controlled substance intended for distribution or sale.

 

(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a preponderance of the evidence that the asserting person:

 

(1) has an actual ownership interest in the vehicle; and

 

(2) did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the asserting person took reasonable steps to prevent use of the vehicle by the alleged offender.

 

(g) If the court determines that the state met both burdens under paragraph (e) and the asserting person failed to meet any burden under paragraph (f), the court shall order that the vehicle remains subject to forfeiture under this section.

 

(h) The court shall order that the vehicle is not subject to forfeiture under this section and shall order the vehicle returned to the asserting person if it determines that:

 

(1) the state failed to meet any burden under paragraph (e);

 

(2) the asserting person proved both elements under paragraph (f); or

 

(3) clauses (1) and (2) apply.

 

(i) If the court determines that the asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the vehicle is not required to release the vehicle until the innocent owner pays:

 

(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before the innocent owner provided the notice required under paragraph (a); and

 

(2) any reasonable costs of storage of the vehicle incurred more than two weeks after an order issued under paragraph (h).

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.


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Sec. 15.  Minnesota Statutes 2018, section 609.5314, subdivision 2, is amended to read:

 

Subd. 2.  Administrative forfeiture procedure.  (a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision.  Within 60 days from when seizure occurs, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property.  In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner.  The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title.  Upon motion by the appropriate agency or the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.

 

(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action.  The notice must be in writing and contain:

 

(1) a description of the property seized;

 

(2) the date of seizure; and

 

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English.  This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.

 

Substantially the following language must appear conspicuously in the notice:

 

"WARNING:  You will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days.  You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court.  You may do not have to pay a filing fee for your lawsuit if you are unable to afford the fee.  You do not have to pay a conciliation court fee if your property is worth less than $500.

 

WARNING:  If you have an ownership interest in the vehicle and were not the driver, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."

 

(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known.  An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 16.  Minnesota Statutes 2018, section 609.5315, subdivision 5, is amended to read:

 

Subd. 5.  Distribution of money.  The money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement, training, education, crime prevention, equipment, or capital expenses;


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(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses; and

 

(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days after resolution of the forfeiture to the state treasury and credited to the general fund.  Any local police relief association organized under chapter 423 which received or was entitled to receive the proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 17.  Minnesota Statutes 2018, section 609.5315, subdivision 5b, is amended to read:

 

Subd. 5b.  Disposition of certain forfeited proceeds; trafficking of persons; report required.  (a) Except as provided in subdivision 5c, for forfeitures resulting from violations of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;

 

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and

 

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of health and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to victims of trafficking offenses.

 

(b) By February 15 of each year, the commissioner of public safety shall report to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over criminal justice funding on the money collected under paragraph (a), clause (3).  The report must indicate the following relating to the preceding calendar year:

 

(1) the amount of money appropriated to the commissioner;

 

(2) how the money was distributed by the commissioner; and

 

(3) what the organizations that received the money did with it.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.

 

Sec. 18.  Minnesota Statutes 2018, section 609.5315, subdivision 6, is amended to read:

 

Subd. 6.  Reporting requirement.  (a) For each forfeiture occurring in the state regardless of the authority for it and including forfeitures pursued under federal law, the appropriate agency and the prosecuting authority shall provide a written record of the forfeiture incident to the state auditor.  The record shall include:

 

(1) the amount forfeited,;


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(2) the statutory authority for the forfeiture, its;

 

(3) the date, of the forfeiture;

 

(4) a brief description of the circumstances involved, and;

 

(5) whether the forfeiture was contested.;

 

(6) whether the defendant was convicted pursuant to a plea agreement or a trial;

 

(7) whether there was a forfeiture settlement agreement;

 

(8) whether the property was sold, destroyed, or retained by an appropriate agency;

 

(9) the gross revenue from the disposition of the forfeited property;

 

(10) an estimate of the total costs to the agency to store the property in an impound lot, evidence room, or other location; pay for the time and expenses of an appropriate agency and prosecuting authority to litigate forfeiture cases; and sell or dispose of the forfeited property;

 

(11) the net revenue, determined by subtracting the costs identified under clause (10) from the gross revenue identified in clause (9), the appropriate agency received from the disposition of forfeited property;

 

(12) if any property was retained by an appropriate agency, the purpose for which it is used;

 

(13) for controlled substance and driving while impaired forfeitures, the record shall indicate whether the forfeiture was initiated as an administrative or a judicial forfeiture.  The record shall also list;

 

(14) the number of firearms forfeited and the make, model, and serial number of each firearm forfeited.  The record shall indicate; and

 

(15) how the property was or is to be disposed of.

 

(b) An appropriate agency or the prosecuting authority shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.

 

(c) Each appropriate agency and prosecuting authority shall provide a written record regarding the proceeds of forfeit property, including proceeds received through forfeiture under state and federal law.  The record shall include:

 

(1) the total amount of money or proceeds from the sale of forfeited property obtained or received by an appropriate agency or prosecuting authority in the previous reporting period;

 

(2) the manner in which each appropriate agency and prosecuting authority expended money or proceeds from the sale of forfeited property in the previous reporting period, including the total amount expended in the following categories:

 

(i) drug abuse, crime, and gang prevention programs;

 

(ii) victim reparations;

 

(iii) gifts or grants to crime victim service organizations that provide services to sexually exploited youth;


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(iv) gifts or grants to crime victim service organizations that provide services to victims of trafficking offenses;

 

(v) investigation costs, including but not limited to witness protection, informant fees, and controlled buys;

 

(vi) court costs and attorney fees;

 

(vii) salaries, overtime, and benefits, as permitted by law;

 

(viii) professional outside services, including but not limited to auditing, court reporting, expert witness fees, outside attorney fees, and membership fees paid to trade associations;

 

(ix) travel, meals, and conferences;

 

(x) training and continuing education;

 

(xi) other operating expenses, including but not limited to office supplies, postage, and printing;

 

(xii) capital expenditures, including but not limited to vehicles, firearms, equipment, computers, and furniture;

 

(xiii) gifts or grants to nonprofit or other programs, indicating the recipient of the gift or grant; and

 

(xiv) any other expenditure, indicating the type of expenditure and, if applicable, the recipient of any gift or grant;

 

(3) the total value of seized and forfeited property held by an appropriate agency and not sold or otherwise disposed of; and

 

(4) a statement from the end of each year showing the balance of any designated forfeiture accounts maintained by an appropriate agency or prosecuting authority.

 

(c) (d) Reports under paragraphs (a) and (b) shall be made on a monthly quarterly basis in a manner prescribed by the state auditor.  Reports under paragraph (c) shall be made on an annual basis in a manner prescribed by the state auditor.  The state auditor shall report annually to the legislature on the nature and extent of forfeitures., including the information provided by each appropriate agency or prosecuting authority under paragraphs (a) to (c).  Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be disaggregated by each appropriate agency and prosecuting authority.  The report shall be made public on the state auditor's website.

 

(d) (e) For forfeitures resulting from the activities of multijurisdictional law enforcement entities, the entity on its own behalf shall report the information required in this subdivision.

 

(e) (f) The prosecuting authority is not required to report information required by this subdivision paragraph (a) or (b) unless the prosecuting authority has been notified by the state auditor that the appropriate agency has not reported it.

 

(g) The state auditor may perform a financial audit of an appropriate agency or prosecuting authority under the generally accepted government auditing standards of records related to inventory of seized property and expenditures of forfeiture proceeds.  A copy of the final audit shall be submitted to the legislature within 90 days of the end of the fiscal year and shall be made public.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to seizures that take place on or after that date.


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Sec. 19.  RECIDIVISM STUDY.

 

The legislative auditor shall conduct or contract with an independent third-party vendor to conduct a comprehensive program audit on the efficacy of forfeiture and the use of ignition interlock in cases involving an alleged violation of Minnesota Statutes, section 169A.20.  The audit shall assess the financial impact of the programs, the efficacy in reducing recidivism, and the impacts, if any, on public safety.  The audit shall be conducted in accordance with generally accepted government auditing standards issued by the United States Government Accountability Office.  The legislative auditor shall complete the audit no later than August 1, 2023, and shall report the results of the audit to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety by January 15, 2024.

 

EFFECTIVE DATE.  This section is effective January 1, 2021.

 

Sec. 20.  REPEALER.

 

Minnesota Statutes 2018, section 609.5317, is repealed.

 

EFFECTIVE DATE.  This section is effective January 1, 2021."

 

Delete the title and insert:

 

"A bill for an act relating to forfeiture; limiting vehicles and other property subject to forfeiture; providing for recovery of property by innocent owners; modifying participation in the federal equitable sharing program; requiring reports; amending Minnesota Statutes 2018, sections 169A.63, subdivisions 1, 7, 8, 10, by adding subdivisions; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 1, 2, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; Minnesota Statutes 2019 Supplement, section 169A.63, subdivision 13; repealing Minnesota Statutes 2018, section 609.5317."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 1236 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1507, A bill for an act relating to economic development; modifying Minnesota investment fund grant limits; modifying job training grants program; appropriating money; amending Minnesota Statutes 2018, sections 116J.8731, subdivision 5; 116L.40, subdivision 7; 116L.41, subdivision 4, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

COVID-19 ECONOMIC SECURITY ACT:

 LOANS DURING PUBLIC EMERGENCY

 

Section 1.  Minnesota Statutes 2018, section 48.512, subdivision 2, is amended to read:


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Subd. 2.  Required information.  Before opening or authorizing signatory power over a transaction account, a financial intermediary shall require one applicant to provide the following information on an application document signed by the applicant:

 

(a) full name;

 

(b) birth date;

 

(c) address of residence;

 

(d) address of current employment, if employed;

 

(e) telephone numbers of residence and place of employment, if any;

 

(f) Social Security number;

 

(g) driver's license or identification card number issued pursuant to section 171.07.  If the applicant does not have a driver's license or identification card, the applicant may provide an identification document number issued for identification purposes by any state, federal, or foreign government if the document includes the applicant's photograph, full name, birth date, and signature.  A valid Wisconsin driver's license without a photograph may be accepted in satisfaction of the requirement of this paragraph until January 1, 1985;

 

(h) whether the applicant has had a transaction account at the same or another financial intermediary within 12 months immediately preceding the application, and if so, the name of the financial intermediary;

 

(i) whether the applicant has had a transaction account closed by a financial intermediary without the applicant's consent within 12 months immediately preceding the application, and if so, the reason the account was closed; and

 

(j) whether the applicant has been convicted of a criminal offense because of the use of a check or other similar item within 24 months immediately preceding the application.

 

A financial intermediary may require an applicant to disclose additional information.

 

An applicant who makes a false material statement that the applicant does not believe to be true in an application document with respect to information required to be provided by this subdivision is guilty of perjury.  The financial intermediary shall notify the applicant of the provisions of this paragraph.

 

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

 

Sec. 2.  Minnesota Statutes 2018, section 48.512, subdivision 3, is amended to read:

 

Subd. 3.  Confirm no involuntary closing Confirmation.  Before opening or authorizing signatory power over a transaction account, the financial intermediary shall attempt to verify the information disclosed for subdivision 2, clause (i).  Inquiries made to verify this information through persons in the business of providing such information must include an inquiry based on the applicant's identification number provided under subdivision 2, clause (g).  The financial intermediary may not open or authorize signatory power over a transaction account if (i) the applicant had a transaction account closed by a financial intermediary without consent because of issuance by the applicant of dishonored checks within 12 months immediately preceding the application, or (ii) the applicant has been convicted of a criminal offense because of the use of a check or other similar item within 24 months immediately preceding the application.


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If the transaction account is refused pursuant to this subdivision due to information obtained in subdivision 2, clauses (i) and (j), the reasons for the refusal shall be given to the applicant in writing and the applicant shall be allowed to provide additional information.

 

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

 

Sec. 3.  REPAYMENT OF CONSUMER SMALL LOANS AND CONSUMER SHORT-TERM LOANS DURING PUBLIC HEALTH EMERGENCY.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Borrower" means an individual who obtains a consumer small loan or a consumer short-term loan and who resides in the jurisdiction covered by the public health emergency at the time the loan is originated.

 

(c) "Consumer small loan lender" has the meaning given in Minnesota Statutes, section 47.60, subdivision 1, paragraph (b).

 

(d) "Consumer small loan" has the meaning given in Minnesota Statutes, section 47.60, subdivision 1, paragraph (a).

 

(e) "Consumer short-term lender" has the meaning given in Minnesota Statutes, section 47.601, subdivision 1, paragraph (e).

 

(f) "Consumer short-term loan" has the meaning given in Minnesota Statutes, section 47.601, subdivision 1, paragraph (d).

 

(g) "Public health emergency" means a peacetime emergency declared under Minnesota Statutes, section 12.31, subdivision 2, by the governor in an executive order that relates to COVID-19.

 

Subd. 2.  Repayment terms during public health emergency.  (a) Notwithstanding any other law to the contrary, a consumer small loan or consumer short-term loan made by a consumer small loan lender or consumer short-term lender to a borrower executed while this section is in effect must extend the repayment period for the loan, including applicable interest, fees, penalties, and charges, to allow the borrower to repay the loan in equal installments over a period of 12 months.

 

(b) The total dollar amount of interest, fees, penalties, and charges for a loan covered by this section must not exceed the total dollar amount of interest, fees, penalties, and charges that would be owed if the loan had been made pursuant to Minnesota Statutes, section 47.60 or 47.601, and outside of a public health emergency.

 

(c) A violation of this section is a violation of Minnesota Statutes, section 325F.69, and enforceable by the attorney general under Minnesota Statutes, section 8.31.  In addition, the commissioner of commerce has all the authority provided under Minnesota Statutes, section 45.027, to ensure compliance with this section.

 

(d) A consumer small loan or consumer short-term loan that violates this section is void and unenforceable against the borrower.

 

(e) A consumer small loan lender or consumer short-term lender who violates this subdivision is liable to the borrower for all money collected or received in connection with the loan, a civil penalty of $500, and reasonable attorney fees and court costs.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to loans executed between that date and February 15, 2021.


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Sec. 4.  SMALL BUSINESS EMERGENCY LOAN PROGRAM; TRANSFER.

 

$5,000,000 in fiscal year 2020 is transferred from the loan guarantee trust fund account in the special revenue fund under Minnesota Statutes, section 116J.881, subdivision 4, to the commissioner of employment and economic development for deposit in the small business emergency loan account in the special revenue fund under Minnesota Statutes, section 116M.18, subdivision 9, to make loans as set forth in Executive Order 20-15, Providing Immediate Relief to Small Businesses During the COVID-19 Peacetime Emergency.

 

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

 

Sec. 5.  SMALL BUSINESS EMERGENCY LOAN PROGRAM; APPROPRIATIONS.

 

(a) $50,000,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of employment and economic development for loans under paragraph (b).  Funds are available until December 31, 2020.

 

(b) Money appropriated under paragraph (a) shall be used to make loans as set forth in Executive Order 20-15, Providing Immediate Relief to Small Businesses During the COVID-19 Peacetime Emergency, except that these loans shall be available to any business that can demonstrate a financial impact from the COVID-19 peacetime emergency, and not just to those in industries specifically mentioned in the governor's executive orders.  Of the $50,000,000 appropriated:

 

(1) $11,000,000 is for making loans as specified in paragraph (c);

 

(2) $8,000,000 is for making loans as specified in paragraph (d); and

 

(3) $10,000,000 is for making loans as specified in paragraph (e).

 

(c) Loans under this paragraph are available only to businesses employing no more than the equivalent of six full-time persons in Minnesota.  The terms of these loans will be the same as those under Executive Order 20-15, except that:

 

(1) the maximum loan amount is $15,000;

 

(2) payments on loans are deferred for 12 months instead of six; and

 

(3) up to 100 percent of the loan may be forgiven if the commissioner approves and the business continues operating in the community at substantially the same levels for two years following loan disbursement.

 

(d) Loans under this paragraph are available only to businesses employing the equivalent of at least seven but not more than 20 full-time persons in Minnesota.  The terms of these loans will be the same as those under Executive Order 20-15, except that:

 

(1) the maximum loan amount is $20,000;

 

(2) payments on loans are deferred for 12 months instead of six; and

 

(3) up to an additional 25 percent of the loan may be forgiven if the commissioner approves and the business continues operating in the community at substantially the same levels for a third year following loan disbursement.

 

(e) Loans under this paragraph are available only to:

 

(1) minority business enterprises, as defined in Minnesota Statutes, section 116M.14, subdivision 5; or


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(2) operators of permanent indoor retail space that has a strong ethnic cultural orientation and is leased primarily to very small businesses.

 

The terms of these loans will be the same as those under Executive Order 20-15, except that for loans under clause (2):

 

(i) there is no maximum loan amount;

 

(ii) payments on loans are deferred for 12 months instead of six;

 

(iii) up to an additional 25 percent of the loan may be forgiven if the commissioner approves and the business continues operating in the community at substantially the same levels for a third year following loan disbursement, however, no part of the loan may be forgiven unless the loan recipient has offered forgiveness of at least 50 percent of rent due from existing vendors during the COVID-19 peacetime emergency; and

 

(iv) loan funds must be used primarily for maintaining existing vendors as tenants, such as through full or partial forgiveness of rent during the COVID-19 peacetime emergency.

 

(f) The commissioner of management and budget must determine whether any of the expenditures an appropriation is made for under this section is an eligible use of federal funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, title V.  If the commissioner of management and budget determines an expenditure is eligible for funding under title V of the CARES Act, the amount for the eligible expenditure is appropriated from the account where CARES Act money has been deposited and the corresponding amount appropriated under this section cancels to the general fund.

 

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

 

Sec. 6.  APPROPRIATIONS GIVEN EFFECT ONCE.

 

If an appropriation in this act is enacted more than once in the 2020 regular legislative session, the appropriation must be given effect only once.

 

ARTICLE 2

COVID-19 ECONOMIC SECURITY ACT:

 GRANTS FOR BROADBAND AND TELEMEDICINE EQUIPMENT

 

Section 1.  DISTANCE LEARNING BROADBAND ACCESS FUNDING.

 

Subdivision 1.  Definitions.  For the purposes of this section, "commissioner" means the commissioner of education, and "school" means a school district, charter school, or cooperative unit.

 

Subd. 2.  Establishment; purpose.  A distance learning broadband access funding program is established in the Department of Education to provide wireless or wire-line broadband access for a limited duration to students currently lacking Internet access so that the students may participate in distance learning offered by school districts and charter schools during the peacetime public health emergency period that relates to the infectious disease known as COVID-19. 

 

Subd. 3.  Aid amount.  Each school is eligible for onetime distance learning aid equal to:

 

(1) the lesser of its actual expenditures under subdivision 4; or

 

(2) an allowance equal to the amount appropriated in section 3, paragraph (a), divided by the statewide enrollment for fiscal year 2019 times the students enrolled in each school during fiscal year 2019.


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Subd. 4.  Eligible expenditures.  Aid received under this section must be used to:

 

(1) provide a student with the equipment necessary for the student to use a broadband connection to access learning materials available on the Internet through a mobile wireless or wire-line broadband connection;

 

(2) pay for actual costs incurred to provide emergency distance learning wireless or wire-line broadband access during the 2019-2020 school year; and

 

(3) pay for the cost of wireless or wire-line broadband Internet access for households with students that did not otherwise have Internet access before March 13, 2020, for the 2019-2020 school year.

 

Subd. 5.  Schools to report expenditures.  Every school that receives aid under this section must submit a report to the commissioner of education by February 15, 2021, documenting its expenditures and describing the onetime and permanent improvements made to its distance learning access delivery system.

 

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

 

Sec. 2.  TELEMEDICINE EQUIPMENT REIMBURSEMENT GRANT PROGRAM.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Commissioner" means the commissioner of employment and economic development.

 

(c) "Telemedicine" has the meaning given in Minnesota Statutes, section 62A.671, subdivision 9.

 

(d) "Telemedicine equipment" means multimedia communications equipment and software that facilitates the delivery of telemedicine by a licensed health care provider.

 

Subd. 2.  Establishment.  A grant program is established in the Department of Employment and Economic Development to award grants to provide reimbursement to grantees for the purchase and installation of telemedicine equipment in order to provide health care services through telemedicine during the COVID-19 pandemic and to ensure that necessary health care services continue to be accessible to patients during this pandemic.

 

Subd. 3.  Eligible applicants.  Eligible applicants include the following:

 

(1) community health clinics defined under Minnesota Statutes, section 145.9268, clause (1);

 

(2) critical access hospitals described in Minnesota Statutes, section 144.1483, clause (9);

 

(3) local public health departments as defined in Minnesota Statutes, chapter 145A;

 

(4) county boards as defined in Minnesota Statutes, chapter 375;

 

(5) individual or small group physician practices that are primarily focused on primary care; and

 

(6) nursing facilities licensed under Minnesota Statutes, chapter 144A.

 

Subd. 4.  Eligible expenditures.  A grant may be used to reimburse the cost incurred by a grantee for the purchase and installation of telemedicine equipment that enables the grantee to provide health care services through telemedicine in response to the COVID-19 pandemic, including the diagnosis and evaluation of patients for the COVID-19 disease during the COVID-19 pandemic.


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Subd. 5.  Application; review.  (a) An eligible applicant must submit a grant application to the commissioner on a form prescribed by the commissioner.  The application must include, at a minimum:

 

(1) the amount of the grant requested and a description of the telemedicine equipment for which the applicant is seeking reimbursement; and

 

(2) a description of the intended use of the telemedicine equipment.

 

(b) In developing the application, the commissioner shall consult with the commissioner of health.

 

(c) The commissioner may award grants on a first-come, first-served basis, and, to the extent practicable, priority must be given to applicants:

 

(1) serving uninsured, underinsured, and medically underserved individuals in either rural or urban areas; or

 

(2) located in areas of the state where the commissioner of health has determined that increasing telemedicine service capabilities would improve the quality of care, access, patient safety, or community health during the COVID-19 pandemic.

 

Subd. 6.  Limitation.  The commissioner may establish a maximum amount for a grant awarded under this section based on the number of applications received and the total reimbursement amount requested.

 

Subd. 7.  Assistance from other federal coronavirus-related sources.  If a grantee receives funds from a federal source related to coronavirus for telemedicine equipment described in this section, the grantee must notify the commissioner of the amount received from the federal source.  If the commissioner determines that the total amount the grantee received under this section and from the federal source exceeds the costs of the telemedicine equipment, the commissioner must reduce the grant amount in this section so that the total amount received does not exceed the cost of the equipment.

 

Sec. 3.  APPROPRIATION.

 

(a) $15,000,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of employment and economic development for transfer to the commissioner of education for emergency distance learning wireless or wire-line broadband access for student grants for school districts and charter schools under section 1.  Up to five percent of the appropriation under this paragraph may be used to reimburse reasonable costs incurred by the Department of Education to administer section 1.  This is a onetime appropriation.  Any funds that remain unexpended on September 30, 2020, are canceled.  By December 1, 2020, the commissioner of education must report to the legislature regarding the districts and charter schools that received grants under section 1, the per-pupil amount for each grant, and the number of students that were provided Internet access.  The report must also identify the costs to administer the grant program and the amount canceled.

 

(b) $2,000,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of employment and economic development to award grants for the purchase of telemedicine equipment under section 2.  Up to five percent of the appropriation under this paragraph may be used to reimburse the reasonable costs incurred by the Department of Employment and Economic Development to administer section 2.  This is a onetime appropriation.  Any funds that remain unexpended on September 30, 2020, are canceled.  By December 31, 2020, the commissioner of employment and economic development must report to the legislature regarding the number of applications received under section 2, the number of grants awarded, the maximum and minimum grant amounts awarded, and the mean and median grant amounts awarded.  The report must also identify the costs to administer the grant program and the amount canceled.


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(c) $10,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of employment and economic development for deposit in the border-to-border broadband fund account established in Minnesota Statutes, section 116J.396.  The appropriation must be used only to provide broadband service in unserved areas, except that broadband infrastructure, as defined in Minnesota Statutes, section 116J.394, for that purpose may be placed in underserved areas.  Notwithstanding the limitation in Minnesota Statutes, section 116J.395, subdivision 7, paragraph (a), the grants are available for 55 percent of total project cost if the grant is matched by ten percent or more from a nonstate entity.  The nonstate entity providing the match may include but is not limited to organized townships, cities, counties, foundations, nonprofits, school districts, or higher education institutions.  This is a onetime appropriation.

 

(d) The commissioner of management and budget must determine whether any of the expenditures an appropriation is made for under this section is an eligible use of federal funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, title V.  If the commissioner of management and budget determines an expenditure is eligible for funding under title V of the CARES Act, the amount for the eligible expenditure is appropriated from the account where CARES Act money has been deposited and the corresponding amount appropriated under this section cancels to the general fund.

 

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

 

ARTICLE 3

COVID-19 ECONOMIC SECURITY ACT:

 HOUSING ASSISTANCE

 

Section 1.  EVICTION NOTICE AND LATE FEES; STATE OF EMERGENCY.

 

(a) In the event of a public health emergency, as defined in paragraph (d), the following actions are prohibited for residential landlords during the declaration of the public health emergency:

 

(1) charging of late fees for the late payment of rent for the 90 days after the declaration; and

 

(2) the termination or nonrenewal of a rental agreement.

 

(b) Upon the end of a public health emergency, as defined in paragraph (d), a landlord may not file an eviction against a tenant except on 30 days' written notice, which may not be given until after the moratorium period has expired.

 

(c) Nothing in this section reduces the rent owed by the tenant to the landlord, prevents the landlord from collecting rent owed, reduces arrears owed by a tenant for rent, or alters the terms of the lease between the landlord and tenant.

 

(d) For the purposes of this section, "public health emergency" means the peacetime emergency declared by the governor on March 13, 2020, in Executive Order 20-01 in response to COVID-19 or any other peacetime emergency declared by the governor by an executive order that relates to COVID-19 issued before January 15, 2021.

 

(e) Upon a finding that the plaintiff has violated a provision of this section, the court must dismiss the action and may not require the residential tenant as defined in section 504B.001, subdivision 12, to pay any filing fee.

 

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


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Sec. 2.  FORECLOSURE; STATE OF EMERGENCY.

 

No notice of a pendency for a foreclosure by advertisement may be recorded and no action may commence under Minnesota Statutes, chapter 580 or 581, and no vendor may terminate a contract for deed during a declared public health emergency as defined in section 1, paragraph (d), except for an action necessary to protect holders of bonds issued under Minnesota Statutes, chapter 462A.  Nothing in this section alters the payments owed; any other obligations under the mortgage, common interest community bylaws, or contract for deed; or the pledge made by the state to holders of bonds issued under Minnesota Statutes, chapter 462A.  For the purposes of this section, "public health emergency" has the meaning given in section 1, paragraph (d).  This section applies to actions taken the day following final enactment.

 

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

 

Sec. 3.  ASSISTANCE FRAUD.

 

Any person who, with the intent to defraud, presents a claim under section 4 or applies for protection under section 1, 2, or 4, which is false in whole or in part, is guilty of an attempt to commit theft of public or private funds and may be sentenced accordingly.

 

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

 

Sec. 4.  2020 EMERGENCY HOUSING ASSISTANCE GRANTS.

 

(a) $100,000,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of the Minnesota Housing Finance Agency for transfer to the housing development fund for the family homeless prevention and assistance program under Minnesota Statutes, section 462A.204.  The agency may use grantees of the family homeless prevention and assistance program, under Minnesota Statutes, section 462A.204, and the grantees are preapproved to distribute money under this section.  Notwithstanding the requirements of Minnesota Statutes, sections 16C.06 and 462A.204, the commissioner of the Minnesota Housing Finance Agency shall allocate these resources to existing grantees and contract with other entities that are not current grantees based on homelessness prevention needs.  Entities may include counties, cities, nonprofit organizations, tribes, or other entities the agency identifies.  For purposes of this emergency appropriation, nonprofits do not need to obtain sponsoring resolutions from counties as required under Minnesota Statutes, section 462A.204, subdivision 3.  This appropriation is onetime and available until December 30, 2020.  Funds not committed or expended by December 30, 2020, shall cancel to the general fund.

 

(b) Funding under this section shall be for individuals, families, and homeowners in Minnesota to prevent homelessness and the cost of expenses associated with the provision of economic support in connection with the COVID-19 public health emergency consistent with the requirements of this section.  The commissioner may contract with county agencies, local governments, tribes, or nonprofit organizations to provide funding and support services to process applications for funding under this program.  To be eligible for funding, applicants must:

 

(1) have a rent payment, mortgage payment, homeowner association dues, lot rent due to a manufactured home park, contract for deed payment, homeowner insurance payment, property tax payment, or utility payment with a due date of March 1, 2020, or later, that is past due or coming due within 15 days of the application for funding;

 

(2) be unable to pay the money owed as a direct or indirect result of the public health emergency; and

 

(3) be a household with a current gross income at or below 300 percent of the federal poverty guidelines at the time of application or as averaged over the previous 12 months, whichever is lower.


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(c) If an applicant applies for relief from sources other than the 2020 emergency housing assistance grants and receives aid for the purposes of paying for housing, the applicant must immediately notify the granting agency.  Applicants may receive funding for rent, a mortgage, homeowner association dues, contract for deed payment owed to a seller, homeowner insurance or property tax payment owed for their home, rent due for a manufactured home, or utility payment owed with a due date of March 1, 2020, or later, that is due within 14 days of the application or which are up to 45 days past due at the time of application.

 

(d) Once an application is approved, the assistance file may remain open to allow for consideration of additional future assistance needs under this funding program resulting from the public health emergency.  The financial assistance provided for any individual or family must not exceed the minimum payments owed.

 

(e) Funding under this section must be paid directly to:

 

(1) the landlord or leasing agent for a rental unit;

 

(2) the financial service for a mortgage or the entity who owns the mortgage for a homeowner;

 

(3) the contract for deed vendor or seller;

 

(4) the purchase-money mortgagor;

 

(5) the manufactured home park cooperative, manufactured home owner, or park owner;

 

(6) the utility company; or

 

(7) any other identified entity to whom payment is owed.

 

(f) The commissioner may develop applications for the program and a process to oversee grantees.

 

(g) Data submitted from benefits by an applicant to establish eligibility under this section is subject to Minnesota Statutes, section 13.462.

 

(h) By October 15, 2021, the Minnesota Housing Finance Agency must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over housing finance with a summary of the performance of this program.  To the extent practicable, the report must contain the following information:

 

(1) the total number of applications received by grantees and the number of individuals who would be assisted under this program;

 

(2) the total number of grants awarded to grantees and the number of individuals assisted under this program;

 

(3) the total amount of grant funding awarded to grantees and individuals assisted under this program;

 

(4) the mean and median grant amounts awarded to grantees and individuals assisted under this program;

 

(5) a summary of the geographic distribution of grants awarded under this program; and

 

(6) a list of all entities contracted with to process applications under this program.

 

(i) For the purposes of this section, "public-health-related emergency" means:

 

(1) an illness, either of an individual or an individual's relative or household member, related to COVID-19 that prevents the individual from maintaining employment temporarily or permanently;


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(2) the household is at or below 200 percent of the federal poverty guidelines and has experienced a reduction in income or temporary or permanent unemployment as a direct or indirect result of local, state, or federal actions related to COVID-19; or

 

(3) the household is at or below 300 percent of the federal poverty guidelines and has experienced a reduction in income by 25 percent or more, or temporary or permanent unemployment as a direct or indirect result of local, state, or federal actions related to COVID-19.

 

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

 

Sec. 5.  ALTERNATE APPROPRIATION.

 

The commissioner of management and budget must determine whether any of the expenditures an appropriation is made for under section 4 is an eligible use of federal funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, title V.  If the commissioner of management and budget determines an expenditure is eligible for funding under title V of the CARES Act, the amount for the eligible expenditure is appropriated from the account where CARES Act money has been deposited and the corresponding amount appropriated under section 4 cancels to the general fund.

 

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

 

ARTICLE 4

COVID-19 ECONOMIC SECURITY ACT: 

PERSONAL CARE ASSISTANTS

 

Section 1.  Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, is amended to read:

 

Subd. 11.  Personal care assistant; requirements.  (a) A personal care assistant must meet the following requirements:

 

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:

 

(i) supervision by a qualified professional every 60 days; and

 

(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;

 

(2) be employed by a personal care assistance provider agency;

 

(3) enroll with the department as a personal care assistant after clearing a background study.  Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:

 

(i) not disqualified under section 245C.14; or

 

(ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;

 

(4) be able to effectively communicate with the recipient and personal care assistance provider agency;


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(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional or physician;

 

(6) not be a consumer of personal care assistance services;

 

(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;

 

(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  Personal care assistant training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets.  Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;

 

(9) complete training and orientation on the needs of the recipient; and

 

(10) be limited to providing and being paid for up to 275 310 hours per month of personal care assistance services regardless of the number of recipients being served or the number of personal care assistance provider agencies enrolled with.  The number of hours worked per day shall not be disallowed by the department unless in violation of the law.

 

(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).

 

(c) Persons who do not qualify as a personal care assistant include parents, stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of a residential setting.

 

(d) Personal care assistance services qualify for the enhanced rate described in subdivision 17a if the personal care assistant providing the services:

 

(1) provides covered services to a recipient who qualifies for 12 or more hours per day of personal care assistance services; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 2.  Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended to read:

 

Subd. 16.  Support workers requirements.  (a) Support workers shall:

 

(1) enroll with the department as a support worker after a background study under chapter 245C has been completed and the support worker has received a notice from the commissioner that the support worker:

 

(i) is not disqualified under section 245C.14; or


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(ii) is disqualified, but has received a set-aside of the disqualification under section 245C.22;

 

(2) have the ability to effectively communicate with the participant or the participant's representative;

 

(3) have the skills and ability to provide the services and supports according to the participant's CFSS service delivery plan and respond appropriately to the participant's needs;

 

(4) complete the basic standardized CFSS training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  CFSS support worker training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of support workers including information about basic body mechanics, emergency preparedness, orientation to positive behavioral practices, orientation to responding to a mental health crisis, fraud issues, time cards and documentation, and an overview of person-centered planning and self-direction.  Upon completion of the training components, the support worker must pass the certification test to provide assistance to participants;

 

(5) complete employer-directed training and orientation on the participant's individual needs;

 

(6) maintain the privacy and confidentiality of the participant; and

 

(7) not independently determine the medication dose or time for medications for the participant.

 

(b) The commissioner may deny or terminate a support worker's provider enrollment and provider number if the support worker:

 

(1) does not meet the requirements in paragraph (a);

 

(2) fails to provide the authorized services required by the employer;

 

(3) has been intoxicated by alcohol or drugs while providing authorized services to the participant or while in the participant's home;

 

(4) has manufactured or distributed drugs while providing authorized services to the participant or while in the participant's home; or

 

(5) has been excluded as a provider by the commissioner of human services, or by the United States Department of Health and Human Services, Office of Inspector General, from participation in Medicaid, Medicare, or any other federal health care program.

 

(c) A support worker may appeal in writing to the commissioner to contest the decision to terminate the support worker's provider enrollment and provider number.

 

(d) A support worker must not provide or be paid for more than 275 310 hours of CFSS per month, regardless of the number of participants the support worker serves or the number of agency-providers or participant employers by which the support worker is employed.  The department shall not disallow the number of hours per day a support worker works unless it violates other law.

 

(e) CFSS qualify for an enhanced rate if the support worker providing the services:

 

(1) provides services, within the scope of CFSS described in subdivision 7, to a participant who qualifies for 12 or more hours per day of CFSS; and


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(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 3.  TEMPORARY ALLOWANCE OF PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.

 

Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is a personal care assistance recipient or a spouse of a personal care assistance recipient may provide and be paid for providing personal care assistance services.  This section expires January 31, 2021, or 60 days after the peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, is terminated or rescinded by proper authority, whichever is earlier.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 4.  APPROPRIATION; PERSONAL CARE ASSISTANCE TEMPORARY RATE INCREASE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (b).

 

(d) "Direct support professional" means an individual employed to personally provide personal care assistance services covered by medical assistance under Minnesota Statutes, section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance services covered under Minnesota Statutes, sections 256B.0913, 256B.092, 256B.49, or chapter 256S.  Direct support professional does not include managerial or administrative staff who do not personally provide the services described in this paragraph.

 

(e) "Direct support services" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (c).

 

Subd. 2.  Temporary rates for direct support services.  (a) To respond to the infectious disease known as COVID-19, the commissioner must temporarily increase rates and enhanced rates by 15 percent for direct support services provided under a covered program or under Minnesota Statutes, section 256B.0659, while this section is effective.

 

(b) Providers that receive a rate increase under this section must use at least 80 percent of the additional revenue to increase wages, salaries, and benefits for personal care assistants, and any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums; and any remainder of the additional revenue for activities and items necessary to support compliance with Centers for Disease Control and Prevention guidance on sanitation and personal protective equipment.


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Subd. 3.  Capitation rates and directed payments.  (a) To implement the temporary rate increase under this section, managed care plans and county-based purchasing plans shall increase rates and enhanced rates by 15 percent for the direct support services.

 

(b) In combination with contract amendments instructing plans to increase reimbursement rates for direct support services, the commissioner shall adjust capitation rates paid to managed care plans and county-based purchasing plans as needed to maintain managed care plans' expected medical loss ratios.

 

(c) Contracts between managed care plans and providers and between county-based purchasing plans and providers must allow recovery of payments from providers if federal approval for the provisions of this subdivision is not received and the commissioner reduces capitation payments as a result.  Payment recoveries must not exceed the amount equal to any decrease in rates that results from this paragraph.

 

Subd. 4.  Consumer-directed community supports budgets.  Lead agencies shall temporarily increase the budget for each recipient of consumer-directed community supports to reflect a 15 percent rate increase for direct support services.

 

Subd. 5.  Consumer support grants; increased maximum allowable grant.  The commissioner shall temporarily increase the maximum allowable monthly grant level for each recipient of consumer support grants to reflect a 15 percent rate increase for direct support services.

 

Subd. 6.  Distribution plans.  (a) A provider agency or individual provider that receives a rate increase under subdivision 2 shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the anticipated amount and proposed uses of the additional revenue the provider will receive under subdivision 2.

 

(b) By August 15, 2020, the provider must post the distribution plan for a period of at least six weeks in an area of the provider's operation to which all direct support professionals have access.  The provider must post with the distribution plan instructions on how to file an appeal with the commissioner if direct support professionals do not believe they have received the wage increase or benefits specified in the distribution plan.  The instructions must include a mailing address, electronic address, and telephone number that the direct support professional may use to contact the commissioner or the commissioner's representative.

 

Subd. 7.  Expiration.  This section expires January 31, 2021, or 60 days after the peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19 is terminated or rescinded by proper authority, whichever is earlier.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 5.  APPROPRIATION; PERSONAL CARE ASSISTANCE.

 

(a) $43,000 in fiscal year 2020 and $26,170,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of human services to implement the personal care assistance provisions in this act.  This is a onetime appropriation.

 

(b) The commissioner of management and budget must determine whether any expenditure for which an appropriation is made under this section is an eligible use of federal funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, Title V.  If the commissioner of management and budget determines an expenditure is eligible for funding under Title V of the CARES Act, the amount for the eligible expenditure is appropriated from the account where CARES Act money has been deposited and the corresponding amount appropriated under this section cancels to the general fund."


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Delete the title and insert:

 

"A bill for an act relating to state government; establishing the COVID-19 Economic Security Act; modifying loans during public health emergency; providing for small business loans and grants; providing grants for expanding broadband and telemedicine; providing housing assistance; expanding personal care assistance services; increasing personal care assistant rates; providing penalties; appropriating money; amending Minnesota Statutes 2018, section 48.512, subdivisions 2, 3; Minnesota Statutes 2019 Supplement, sections 256B.0659, subdivision 11; 256B.85, subdivision 16."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1842, A bill for an act relating to energy; modifying the solar energy incentive program; establishing various renewable energy and electric vehicle grant programs; requiring reports; appropriating money; amending Minnesota Statutes 2019 Supplement, section 116C.7792; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 1842 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 2383, A bill for an act relating to state lands; modifying provisions of school trust lands director; amending Minnesota Statutes 2018, section 127A.353, subdivisions 2, 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3029, A bill for an act relating to telecommunications; establishing a grant program for distance learning equipment; establishing a grant program for telemedicine equipment purchased to deal with COVID-19; requiring reports; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


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Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3085, A bill for an act relating to transportation; establishing a program for transit ambassadors and administrative citations; amending certain penalties related to unlawfully obtaining transit services; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 357.021, subdivision 6; 609.855, subdivisions 1, 3; Minnesota Statutes 2019 Supplement, sections 151.37, subdivision 12; 357.021, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 473.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 3085 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 3104, A bill for an act relating to human services; child protection; requiring responsible social services agencies to initiate and facilitate phone calls between parents and foster care providers for children in out‑of-home placement; amending Minnesota Statutes 2018, section 260C.219.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

CHILDREN AND FAMILY SERVICES

 

Section 1.  Minnesota Statutes 2019 Supplement, section 119B.011, subdivision 19, is amended to read:

 

Subd. 19.  Provider.  "Provider" means:

 

(1) an individual or child care center or facility licensed to provide child care under chapter 245A when operating within the terms of the license;

 

(2) a license-exempt center required to be certified under chapter 245H;

 

(3) an individual or child care center or facility that:  (i) holds a valid child care license issued by another state or a tribe; (ii) provides child care services in the licensing state or in the area under the licensing tribe's jurisdiction; and (iii) is in compliance with federal health and safety requirements as certified by the licensing state or tribe, or as determined by receipt of child care development block grant funds in the licensing state; or

 

(4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision 16, providing legal child care services.  A legal nonlicensed child care provider must be at least 18 years of age, and not a member of the MFIP assistance unit or a member of the family receiving child care assistance to be authorized under this chapter.; or

 

(5) an individual or child care center or facility that is operated under the jurisdiction of the federal government.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.


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Sec. 2.  [120A.21] ENROLLMENT OF A STUDENT IN FOSTER CARE.

 

A student placed in foster care must remain enrolled in the student's prior school unless it is determined that remaining enrolled in the prior school is not in the student's best interests.  If the student does not remain enrolled in the prior school, the student must be enrolled in a new school within seven school days.

 

Sec. 3.  Minnesota Statutes 2018, section 245A.04, subdivision 9, is amended to read:

 

Subd. 9.  Variances.  (a) The commissioner may grant variances to rules that do not affect the health or safety of persons in a licensed program if the following conditions are met:

 

(1) the variance must be requested by an applicant or license holder on a form and in a manner prescribed by the commissioner;

 

(2) the request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule; and

 

(3) the request must state the period of time for which the variance is requested.

 

The commissioner may grant a permanent variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services.  The permanent variance shall expire as soon as the conditions that warranted the variance are modified in any way.  Any applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the permanent variance.  Failure to advise the commissioner shall result in revocation of the permanent variance and may be cause for other sanctions under sections 245A.06 and 245A.07.

 

The commissioner's decision to grant or deny a variance request is final and not subject to appeal under the provisions of chapter 14.

 

(b) The commissioner shall consider variances for child care center staff qualification requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect the health and safety of children served by the center.  A variance request must be submitted to the commissioner in accordance with paragraph (a) and must include a plan for the staff person to gain additional experience, education, or training, as requested by the commissioner.  When reviewing a variance request under this section, the commissioner shall consider the staff person's level of professional development, including but not limited to steps completed on the Minnesota career lattice.

 

(c) Beginning January 1, 2021, counties shall use a uniform application form developed by the commissioner for variance requests by family child care license holders.

 

Sec. 4.  Minnesota Statutes 2019 Supplement, section 245A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Delegation of authority to agencies.  (a) County agencies and private agencies that have been designated or licensed by the commissioner to perform licensing functions and activities under section 245A.04 and background studies for family child care under chapter 245C; to recommend denial of applicants under section 245A.05; to issue correction orders, to issue variances, and recommend a conditional license under section 245A.06; or to recommend suspending or revoking a license or issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner governing those functions and with this section.  The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:


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(1) dual licensure of family child care and child foster care, dual licensure of child and adult foster care, and adult foster care and family child care;

 

(2) adult foster care maximum capacity;

 

(3) adult foster care minimum age requirement;

 

(4) child foster care maximum age requirement;

 

(5) variances regarding disqualified individuals except that, before the implementation of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding disqualified individuals when the county is responsible for conducting a consolidated reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination and a disqualification based on serious or recurring maltreatment;

 

(6) the required presence of a caregiver in the adult foster care residence during normal sleeping hours;

 

(7) variances to requirements relating to chemical use problems of a license holder or a household member of a license holder; and

 

(8) variances to section 245A.53 for a time-limited period.  If the commissioner grants a variance under this clause, the license holder must provide notice of the variance to all parents and guardians of the children in care.

 

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must not grant a license holder a variance to exceed the maximum allowable family child care license capacity of 14 children.

 

(b) A county agency that has been designated by the commissioner to issue family child care variances must:

 

(1) publish the county agency's policies and criteria for issuing variances on the county's public website and update the policies as necessary; and

 

(2) annually distribute the county agency's policies and criteria for issuing variances to all family child care license holders in the county.

 

(b) (c) Before the implementation of NETStudy 2.0, county agencies must report information about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by the commissioner.

 

(c) (d) For family child care programs, the commissioner shall require a county agency to conduct one unannounced licensing review at least annually.

 

(d) (e) For family adult day services programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.

 

(e) (f) A license issued under this section may be issued for up to two years.

 

(f) (g) During implementation of chapter 245D, the commissioner shall consider:

 

(1) the role of counties in quality assurance;

 

(2) the duties of county licensing staff; and


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(3) the possible use of joint powers agreements, according to section 471.59, with counties through which some licensing duties under chapter 245D may be delegated by the commissioner to the counties.

 

Any consideration related to this paragraph must meet all of the requirements of the corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.

 

(g) (h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, for family child foster care programs providing out-of-home respite, as identified in section 245D.03, subdivision 1, paragraph (b), clause (1), is excluded from the delegation of authority to county and private agencies.

 

(h) (i) A county agency shall report to the commissioner, in a manner prescribed by the commissioner, the following information for a licensed family child care program:

 

(1) the results of each licensing review completed, including the date of the review, and any licensing correction order issued;

 

(2) any death, serious injury, or determination of substantiated maltreatment; and

 

(3) any fires that require the service of a fire department within 48 hours of the fire.  The information under this clause must also be reported to the state fire marshal within two business days of receiving notice from a licensed family child care provider.

 

EFFECTIVE DATE.  This section is effective January 1, 2021.

 

Sec. 5.  Minnesota Statutes 2018, section 256.041, is amended to read:

 

256.041 CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP COUNCIL.

 

Subdivision 1.  Establishment; purpose.  (a) There is hereby established the Cultural and Ethnic Communities Leadership Council for the Department of Human Services.  The purpose of the council is to advise the commissioner of human services on reducing inequities and disparities that particularly affect racial and ethnic groups in Minnesota.  The legislature intends for the council to continue its work until racial and ethnic disparities no longer exist in Minnesota.

 

(b) This council is comprised of racially and ethnically diverse community leaders and American Indians who are residents of Minnesota and may present with compounded challenges of systemic inequities.  Members include people who are refugees, immigrants, and LGBTQ+; people who may have a disability; and people who live in rural Minnesota.

 

Subd. 2.  Members.  (a) The council must consist of:

 

(1) the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over human services, or their designees; and

 

(2) no fewer than 15 and no more than 25 members appointed by and serving at the pleasure of the commissioner of human services, in consultation with county, tribal, cultural, and ethnic communities; diverse program participants; and parent representatives from these communities, and Cultural and Ethnic Communities Leadership Council members.

 

(b) In making appointments under this section, the commissioner shall give priority consideration to public members of the legislative councils of color established under chapter 3 section 15.0145.


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(c) Members must be appointed to allow for representation of the following groups:

 

(1) racial and ethnic minority groups;

 

(2) the American Indian community, which must be represented by two members;

 

(3) culturally and linguistically specific advocacy groups and service providers;

 

(4) human services program participants;

 

(5) public and private institutions;

 

(6) parents of human services program participants;

 

(7) members of the faith community;

 

(8) Department of Human Services employees; and

 

(9) any other group the commissioner deems appropriate to facilitate the goals and duties of the council.

 

Subd. 3.  Guidelines.  The commissioner shall direct the development of guidelines defining the membership of the council; setting out definitions; and developing duties of the commissioner, the council, and council members regarding racial and ethnic disparities reduction.  The guidelines must be developed in consultation with:

 

(1) the chairs of relevant committees; and

 

(2) county, tribal, and cultural communities and program participants from these communities.

 

Subd. 4.  Chair.  The commissioner shall accept recommendations from the council to appoint a chair or chairs.

 

Subd. 5.  Terms for first appointees.  The initial members appointed shall serve until January 15, 2016.

 

Subd. 6.  Terms.  A term shall be for two years and appointees may be reappointed to serve two additional terms.  The commissioner shall make appointments to replace members vacating their positions by January 15 of each year in a timely manner, no more than three months after the council reviews panel recommendations.

 

Subd. 7.  Duties of commissioner.  (a) The commissioner of human services or the commissioner's designee shall:

 

(1) maintain and actively engage with the council established in this section;

 

(2) supervise and coordinate policies for persons from racial, ethnic, cultural, linguistic, and tribal communities who experience disparities in access and outcomes;

 

(3) identify human services rules or statutes affecting persons from racial, ethnic, cultural, linguistic, and tribal communities that may need to be revised;

 

(4) investigate and implement cost-effective equitable and culturally responsive models of service delivery such as program implementation, including careful adaptation adoption of clinically proven services that constitute one strategy for increasing the number of and culturally relevant services available to currently underserved populations; and


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(5) based on recommendations of the council, review identified department policies that maintain racial, ethnic, cultural, linguistic, and tribal disparities, and make adjustments to ensure those disparities are not perpetuated., and advise on progress and accountability measures for addressing inequities;

 

(6) in partnership with the council, renew and implement equity policy with action plans and resources necessary to implement the action plans;

 

(7) support interagency collaboration to advance equity;

 

(8) address the council at least twice annually on the state of equity within the department; and

 

(9) support member participation in the council, including participation in educational and community engagement events across Minnesota that address equity in human services.

 

(b) The commissioner of human services or the commissioner's designee shall consult with the council and receive recommendations from the council when meeting the requirements in this subdivision.

 

Subd. 8.  Duties of council.  The council shall:

 

(1) recommend to the commissioner for review identified policies in the Department of Human Services policy, budgetary, and operational decisions and practices that maintain impact racial, ethnic, cultural, linguistic, and tribal disparities;

 

(2) with community input, advance legislative proposals to improve racial and health equity outcomes;

 

(3) identify issues regarding inequities and disparities by engaging diverse populations in human services programs;

 

(3) (4) engage in mutual learning essential for achieving human services parity and optimal wellness for service recipients;

 

(4) (5) raise awareness about human services disparities to the legislature and media;

 

(5) (6) provide technical assistance and consultation support to counties, private nonprofit agencies, and other service providers to build their capacity to provide equitable human services for persons from racial, ethnic, cultural, linguistic, and tribal communities who experience disparities in access and outcomes;

 

(6) (7) provide technical assistance to promote statewide development of culturally and linguistically appropriate, accessible, and cost-effective human services and related policies;

 

(7) provide (8) recommend and monitor training and outreach to facilitate access to culturally and linguistically appropriate, accessible, and cost-effective human services to prevent disparities;

 

(8) facilitate culturally appropriate and culturally sensitive admissions, continued services, discharges, and utilization review for human services agencies and institutions;

 

(9) form work groups to help carry out the duties of the council that include, but are not limited to, persons who provide and receive services and representatives of advocacy groups, and provide the work groups with clear guidelines, standardized parameters, and tasks for the work groups to accomplish;

 

(10) promote information sharing in the human services community and statewide; and


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(11) by February 15 each year in the second year of the biennium, prepare and submit to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over human services a report that summarizes the activities of the council, identifies the major problems and issues confronting racial and ethnic groups in accessing human services, makes recommendations to address issues, and lists the specific objectives that the council seeks to attain during the next biennium, and provides recommendations to strengthen equity, diversity, and inclusion within the department.  The report must also include a list of programs, groups, and grants used to reduce disparities, and statistically valid reports of outcomes on the reduction of the disparities.  shall identify racial and ethnic groups' difficulty in accessing human services and make recommendations to address the issues.  The report must include any updated Department of Human Services equity policy, implementation plans, equity initiatives, and the council's progress.

 

Subd. 9.  Duties of council members.  The members of the council shall:

 

(1) with no more than three absences per year, attend and participate in scheduled meetings and be prepared by reviewing meeting notes;

 

(2) maintain open communication channels with respective constituencies;

 

(3) identify and communicate issues and risks that could impact the timely completion of tasks;

 

(4) collaborate on inequity and disparity reduction efforts;

 

(5) communicate updates of the council's work progress and status on the Department of Human Services website; and

 

(6) participate in any activities the council or chair deems appropriate and necessary to facilitate the goals and duties of the council.; and

 

(7) participate in work groups to carry out council duties.

 

Subd. 10.  Expiration.  The council expires on June 30, 2020.

 

Sec. 6.  Minnesota Statutes 2018, section 256E.35, is amended to read:

 

256E.35 FAMILY ASSETS FOR INDEPENDENCE.

 

Subdivision 1.  Establishment.  The Minnesota family assets for independence initiative is established to provide incentives for low-income families to accrue assets for education, housing, vehicles, and economic development purposes.

 

Subd. 2.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Eligible educational institution" means the following:

 

(1) an institution of higher education described in section 101 or 102 of the Higher Education Act of 1965; or

 

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and Applied Technology Education Act), which is located within any state, as defined in United States Code, title 20, chapter 44, section 2302 (30).  This clause is applicable only to the extent section 2302 is in effect on August 1, 2008.


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(c) "Family asset account" means a savings account opened by a household participating in the Minnesota family assets for independence initiative.

 

(d) "Fiduciary organization" means:

 

(1) a community action agency that has obtained recognition under section 256E.31;

 

(2) a federal community development credit union serving the seven-county metropolitan area; or

 

(3) a women-oriented economic development agency serving the seven-county metropolitan area.

 

(e) "Financial coach" means a person who:

 

(1) has completed an intensive financial literacy training workshop that includes curriculum on budgeting to increase savings, debt reduction and asset building, building a good credit rating, and consumer protection;

 

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM) network training meetings under FAIM program supervision; and

 

(3) provides financial coaching to program participants under subdivision 4a.

 

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association, or credit union, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

 

(g) "Household" means all individuals who share use of a dwelling unit as primary quarters for living and eating separate from other individuals.

 

(h) "Permissible use" means:

 

(1) postsecondary educational expenses at an eligible educational institution as defined in paragraph (b), including books, supplies, and equipment required for courses of instruction;

 

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including any usual or reasonable settlement, financing, or other closing costs;

 

(3) business capitalization expenses for expenditures on capital, plant, equipment, working capital, and inventory expenses of a legitimate business pursuant to a business plan approved by the fiduciary organization; and

 

(4) acquisition costs of a principal residence within the meaning of section 1034 of the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase price applicable to the residence determined according to section 143(e)(2) and (3) of the Internal Revenue Code of 1986.; and

 

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization.

 

Subd. 3.  Grants awarded.  The commissioner shall allocate funds to participating fiduciary organizations to provide family asset services.  Grant awards must be based on a plan submitted by a statewide organization representing fiduciary organizations.  The statewide organization must ensure that any interested unrepresented fiduciary organization have input into the development of the plan.  The plan must equitably distribute funds to achieve geographic balance and document the capacity of participating fiduciary organizations to manage the program and to raise the private match.


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Subd. 4.  Duties.  A participating fiduciary organization must:

 

(1) provide separate accounts for the immediate deposit of program funds;

 

(2) establish a process to select participants and describe any priorities for participation;

 

(3) enter into a family asset agreement with the household to establish the terms of participation;

 

(4) provide households with economic literacy education;

 

(5) provide households with information on early childhood family education;

 

(6) provide matching deposits for participating households;

 

(7) coordinate with other related public and private programs; and

 

(8) establish a process to appeal and mediate disputes.

 

Subd. 4a.  Financial coaching.  A financial coach shall provide the following to program participants:

 

(1) financial education relating to budgeting, debt reduction, asset-specific training, and financial stability activities;

 

(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary education, or starting or expanding a small business; and

 

(3) financial stability education and training to improve and sustain financial security.

 

Subd. 5.  Household eligibility; participation.  (a) To be eligible for state or TANF matching funds in the family assets for independence initiative, a household must meet the eligibility requirements of the federal Assets for Independence Act, Public Law 105-285, in Title IV, section 408 of that act.

 

(b) Each participating household must sign a family asset agreement that includes the amount of scheduled deposits into its savings account, the proposed use, and the proposed savings goal.  A participating household must agree to complete an economic literacy training program.

 

(c) Participating households may only deposit money that is derived from household earned income or from state and federal income tax credits.

 

Subd. 6.  Withdrawal; matching; permissible uses.  (a) To receive a match, a participating household must transfer funds withdrawn from a family asset account to its matching fund custodial account held by the fiscal agent, according to the family asset agreement.  The fiscal agent must determine if the match request is for a permissible use consistent with the household's family asset agreement.

 

(b) The fiscal agent must ensure the household's custodial account contains the applicable matching funds to match the balance in the household's account, including interest, on at least a quarterly basis and at the time of an approved withdrawal.  Matches must be provided as follows:

 

(1) from state grant and TANF funds, a matching contribution of $1.50 $3 from state grant or TANF funds for every $1 of funds withdrawn from the family asset account equal to the lesser of $720 per year or not to exceed a $3,000 $6,000 lifetime limit; and.


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(2) from nonstate funds, a matching contribution of no less than $1.50 for every $1 of funds withdrawn from the family asset account equal to the lesser of $720 per year or a $3,000 lifetime limit.

 

(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for Independence Act of 1998, and a participating fiduciary organization is awarded a grant under that act, participating households with that fiduciary organization must be provided matches as follows:

 

(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit; and

 

(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit.

 

(b) (d) Upon receipt of transferred custodial account funds, the fiscal agent must make a direct payment to the vendor of the goods or services for the permissible use.

 

Subd. 7.  Program reporting.  The fiscal agent on behalf of each fiduciary organization participating in a family assets for independence initiative must report quarterly to the commissioner of human services identifying the participants with accounts, the number of accounts, the amount of savings and matches for each participant's account, the uses of the account, and the number of businesses, homes, vehicles, and educational services paid for with money from the account, as well as other information that may be required for the commissioner to administer the program and meet federal TANF reporting requirements.

 

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

 

Sec. 7.  Minnesota Statutes 2018, section 257.0725, is amended to read:

 

257.0725 ANNUAL REPORT.

 

The commissioner of human services shall publish an annual report on child maltreatment and on children in out-of-home placement.  The commissioner shall confer with counties, child welfare organizations, child advocacy organizations, the courts, and other groups on how to improve the content and utility of the department's annual report.  In regard to child maltreatment, the report shall include the number and kinds of maltreatment reports received and any other data that the commissioner determines is appropriate to include in a report on child maltreatment.  In regard to children in out-of-home placement, the report shall include, by county and statewide, information on legal status, living arrangement, age, sex, race, accumulated length of time in placement, reason for most recent placement, race of family with whom placed, school enrollments within seven days of placement pursuant to section 120A.21, and other information deemed appropriate on all children in out-of-home placement.  Out-of-home placement includes placement in any facility by an authorized child-placing agency.

 

Sec. 8.  Minnesota Statutes 2018, section 260C.219, is amended to read:

 

260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN PLACEMENT.

 

Subdivision 1.  Responsibilities for parents; noncustodial parents.  (a) When a child is in foster care, the responsible social services agency shall make diligent efforts to identify, locate, and, where appropriate, offer services to both parents of the child.

 

(1) (b) The responsible social services agency shall assess whether a noncustodial or nonadjudicated parent is willing and capable of providing for the day-to-day care of the child temporarily or permanently.  An assessment under this clause paragraph may include, but is not limited to, obtaining information under section 260C.209.  If


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after assessment, the responsible social services agency determines that a noncustodial or nonadjudicated parent is willing and capable of providing day-to-day care of the child, the responsible social services agency may seek authority from the custodial parent or the court to have that parent assume day-to-day care of the child.  If a parent is not an adjudicated parent, the responsible social services agency shall require the nonadjudicated parent to cooperate with paternity establishment procedures as part of the case plan.

 

(2) (c) If, after assessment, the responsible social services agency determines that the child cannot be in the day‑to-day care of either parent, the agency shall:

 

(i) (1) prepare an out-of-home placement plan addressing the conditions that each parent must meet before the child can be in that parent's day-to-day care; and

 

(ii) (2) provide a parent who is the subject of a background study under section 260C.209 15 days' notice that it intends to use the study to recommend against putting the child with that parent, and the court shall afford the parent an opportunity to be heard concerning the study.

 

The results of a background study of a noncustodial parent shall not be used by the agency to determine that the parent is incapable of providing day-to-day care of the child unless the agency reasonably believes that placement of the child into the home of that parent would endanger the child's health, safety, or welfare.

 

(3) (d) If, after the provision of services following an out-of-home placement plan under this section subdivision, the child cannot return to the care of the parent from whom the child was removed or who had legal custody at the time the child was placed in foster care, the agency may petition on behalf of a noncustodial parent to establish legal custody with that parent under section 260C.515, subdivision 4.  If paternity has not already been established, it may be established in the same proceeding in the manner provided for under chapter 257.

 

(4) (e) The responsible social services agency may be relieved of the requirement to locate and offer services to both parents by the juvenile court upon a finding of good cause after the filing of a petition under section 260C.141.

 

Subd. 2.  Notice to parent or guardian.  (b) The responsible social services agency shall give notice to the parent or guardian of each child in foster care, other than a child in voluntary foster care for treatment under chapter 260D, of the following information:

 

(1) that the child's placement in foster care may result in termination of parental rights or an order permanently placing the child out of the custody of the parent, but only after notice and a hearing as required under this chapter and the juvenile court rules;

 

(2) time limits on the length of placement and of reunification services, including the date on which the child is expected to be returned to and safely maintained in the home of the parent or parents or placed for adoption or otherwise permanently removed from the care of the parent by court order;

 

(3) the nature of the services available to the parent;

 

(4) the consequences to the parent and the child if the parent fails or is unable to use services to correct the circumstances that led to the child's placement;

 

(5) the first consideration for placement with relatives;

 

(6) the benefit to the child in getting the child out of foster care as soon as possible, preferably by returning the child home, but if that is not possible, through a permanent legal placement of the child away from the parent;


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(7) when safe for the child, the benefits to the child and the parent of maintaining visitation with the child as soon as possible in the course of the case and, in any event, according to the visitation plan under this section; and

 

(8) the financial responsibilities and obligations, if any, of the parent or parents for the support of the child during the period the child is in foster care.

 

Subd. 3.  Information for a parent considering voluntary placement.  (c) The responsible social services agency shall inform a parent considering voluntary placement of a child under section 260C.227 of the following information:

 

(1) the parent and the child each has a right to separate legal counsel before signing a voluntary placement agreement, but not to counsel appointed at public expense;

 

(2) the parent is not required to agree to the voluntary placement, and a parent who enters a voluntary placement agreement may at any time request that the agency return the child.  If the parent so requests, the child must be returned within 24 hours of the receipt of the request;

 

(3) evidence gathered during the time the child is voluntarily placed may be used at a later time as the basis for a petition alleging that the child is in need of protection or services or as the basis for a petition seeking termination of parental rights or other permanent placement of the child away from the parent;

 

(4) if the responsible social services agency files a petition alleging that the child is in need of protection or services or a petition seeking the termination of parental rights or other permanent placement of the child away from the parent, the parent would have the right to appointment of separate legal counsel and the child would have a right to the appointment of counsel and a guardian ad litem as provided by law, and that counsel will be appointed at public expense if they are unable to afford counsel; and

 

(5) the timelines and procedures for review of voluntary placements under section 260C.212, subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a permanent placement determination hearing under sections 260C.503 to 260C.521.

 

Subd. 4.  Medical examinations.  (d) When an agency accepts a child for placement, the agency shall determine whether the child has had a physical examination by or under the direction of a licensed physician within the 12 months immediately preceding the date when the child came into the agency's care.  If there is documentation that the child has had an examination within the last 12 months, the agency is responsible for seeing that the child has another physical examination within one year of the documented examination and annually in subsequent years.  If the agency determines that the child has not had a physical examination within the 12 months immediately preceding placement, the agency shall ensure that the child has an examination within 30 days of coming into the agency's care and once a year in subsequent years.

 

Subd. 5.  Children reaching age of majority; copies of records.  (e) Whether under state guardianship or not, if a child leaves foster care by reason of having attained the age of majority under state law, the child must be given at no cost a copy of the child's social and medical history, as defined in section 259.43, and education report.

 

Subd. 6.  Initial foster care phone call.  (a) When a child enters foster care or moves to a new foster care placement, the responsible social services agency should attempt to coordinate a phone call between the foster parent or facility and the child's parent or legal guardian to establish a connection and encourage ongoing information sharing between the child's parent or legal guardian and the foster parent or facility; and to provide an opportunity to share any information regarding the child, the child's needs, or the child's care that would facilitate the child's adjustment to the foster home, promote stability, reduce the risk of trauma, or otherwise improve the quality of the child's care.


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(b) The responsible social services agency should attempt to coordinate the phone call in paragraph (a) as soon as practicable after the child arrives at the placement but no later than 72 hours after the child's placement.  If the responsible social services agency determines that the phone call is not in the child's best interests, or if the agency is unable to identify, locate, or contact the child's parent or legal guardian despite reasonable efforts, or despite active efforts if the child is an American Indian child, the agency may delay the phone call until up to 48 hours after the agency determines that the phone call is in the child's best interests, or up to 48 hours after the child's parent or legal guardian is located or becomes available for the phone call.  The responsible social services agency is not required to attempt to coordinate the phone call if placing the phone call poses a danger to the mental or physical health of the child or foster parent. 

 

(c) The responsible social services agency shall document the date and time of the phone call in paragraph (a), its efforts to coordinate the phone call, its efforts to identify, locate, or find availability for the child's parent or legal guardian, any determination of whether the phone call is in the child's best interests, and any reasons that the phone call did not occur, including any danger to the child's or foster parent's mental or physical health.

 

Subd. 7.  Prenatal alcohol exposure screening.  (a) The responsible social services agency shall coordinate a prenatal alcohol exposure screening for any child who enters foster care as soon as practicable but no later than 45 days after the removal of the child from the child's home, if the agency has determined that the child has not previously been screened or identified as prenatally exposed to alcohol. 

 

(b) The responsible social services agency shall ensure that the screening is conducted in accordance with:

 

(1) existing prenatal alcohol exposure screening best practice guidelines; and

 

(2) the criteria developed and provided to the responsible social services agency by the statewide organization that focuses solely on prevention and intervention with fetal alcohol spectrum disorder and that receives funding under the appropriation for fetal alcohol spectrum disorder in Laws 2007, chapter 147, article 19, section 4, subdivision 2.

 

EFFECTIVE DATE.  This section is effective for children who enter foster care on or after August 1, 2020, except subdivision 6 is effective for children entering out-of-home placement or moving between placements on or after November 1, 2020.

 

Sec. 9.  Laws 2016, chapter 189, article 15, section 29, is amended to read:

 

Sec. 29.  DIRECTION TO COMMISSIONERS; INCOME AND ASSET EXCLUSION.

 

(a) The commissioner of human services shall not count payments made to families by the income and child development in the first three years of life demonstration project as income or assets for purposes of determining or redetermining eligibility for child care assistance programs under Minnesota Statutes, chapter 119B; the Minnesota family investment program, work benefit program, or diversionary work program under Minnesota Statutes, chapter 256J, during the duration of the demonstration.

 

(b) The commissioner of human services shall not count payments made to families by the income and child development in the first three years of life demonstration project as income for purposes of determining or redetermining eligibility for medical assistance under Minnesota Statutes, chapter 256B, and MinnesotaCare under Minnesota Statutes, chapter 256L.

 

(c) For the purposes of this section, "income and child development in the first three years of life demonstration project" means a demonstration project funded by the United States Department of Health and Human Services National Institutes of Health to evaluate whether the unconditional cash payments have a causal effect on the cognitive, socioemotional, and brain development of infants and toddlers.


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(d) This section shall only be implemented if Minnesota is chosen as a site for the child development in the first three years of life demonstration project, and expires January 1, 2022 2026.

 

(e) The commissioner of human services shall provide a report to the chairs and ranking minority members of the legislative committees having jurisdiction over human services issues by January 1, 2023 2027, informing the legislature on the progress and outcomes of the demonstration under this section.

 

Sec. 10.  Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 2, is amended to read:

 

Subd. 2.  Pilot design and goals.  The pilot will establish five key developmental milestone markers from birth to age eight.  Enrollees in the Pilot program participants will be developmentally assessed and tracked by a technology solution that tracks developmental milestones along the established developmental continuum.  If a child's pilot program participant's progress falls below established milestones and the weighted scoring, the coordinated service system will focus on identified areas of concern, mobilize appropriate supportive services, and offer referrals or services to identified children and their families pilot program participants.

 

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

 

Sec. 11.  Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 3, is amended to read:

 

Subd. 3.  Program participants in phase 1 target population.  Pilot program participants must opt in and provide parental or guardian consent to participate and be enrolled or engaged in one or more of the following:

 

(1) be enrolled in a Women's Infant & Children (WIC) program;

 

(2) be participating in a family home visiting program, or nurse family practice, or Healthy Families America (HFA) Follow Along Program;

 

(3) be children and families qualifying for and participating in early language learners (ELL) in the school district in which they reside; and a school's early childhood screening; or

 

(4) opt in and provide parental consent to participate in the pilot project any other Dakota County or school program that is determined as useful for identifying children at risk of falling below established guidelines.

 

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

 

Sec. 12.  DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; UNIFORM FAMILY CHILD CARE VARIANCE APPLICATION FORM DEVELOPED BY THE COMMISSIONER.

 

By October 1, 2020, the commissioner of human services, after consultation with county licensors and family child care providers, including those serving on the Family Child Care Task Force, shall issue to counties a uniform application form for family child care variance requests.  The commissioner shall also issue any necessary training or guidance for counties to use the form.

 

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

 

Sec. 13.  DIRECTION TO COMMISSIONER; INITIAL FOSTER CARE PHONE CALL TRAINING.

 

By August 1, 2020, the commissioner of human services shall issue written guidance to county social services agencies, foster parents, and facilities to fully implement the initial foster care phone call procedures in Minnesota Statutes, section 260C.219, subdivision 6.

 

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


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ARTICLE 2

COMMUNITY SUPPORTS ADMINISTRATION

 

Section 1.  Minnesota Statutes 2019 Supplement, section 245.735, subdivision 3, is amended to read:

 

Subd. 3.  Certified community behavioral health clinics.  (a) The commissioner shall establish a state certification process for certified community behavioral health clinics (CCBHCs).  Entities that choose to be CCBHCs must:

 

(1) comply with the CCBHC criteria published by the United States Department of Health and Human Services;

 

(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, including licensed mental health professionals and licensed alcohol and drug counselors, and staff who are culturally and linguistically trained to meet the needs of the population the clinic serves;

 

(3) ensure that clinic services are available and accessible to individuals and families of all ages and genders and that crisis management services are available 24 hours per day;

 

(4) establish fees for clinic services for individuals who are not enrolled in medical assistance using a sliding fee scale that ensures that services to patients are not denied or limited due to an individual's inability to pay for services;

 

(5) comply with quality assurance reporting requirements and other reporting requirements, including any required reporting of encounter data, clinical outcomes data, and quality data;

 

(6) provide crisis mental health and substance use services, withdrawal management services, emergency crisis intervention services, and stabilization services; screening, assessment, and diagnosis services, including risk assessments and level of care determinations; person- and family-centered treatment planning; outpatient mental health and substance use services; targeted case management; psychiatric rehabilitation services; peer support and counselor services and family support services; and intensive community-based mental health services, including mental health services for members of the armed forces and veterans;

 

(7) provide coordination of care across settings and providers to ensure seamless transitions for individuals being served across the full spectrum of health services, including acute, chronic, and behavioral needs.  Care coordination may be accomplished through partnerships or formal contracts with:

 

(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or community-based mental health providers; and

 

(ii) other community services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally licensed health care and mental health facilities, urban Indian health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, and hospital outpatient clinics;

 

(8) be certified as mental health clinics under section 245.69, subdivision 2;

 

(9) comply with standards relating to mental health services in Minnesota Rules, parts 9505.0370 to 9505.0372, and section 256B.0671;

 

(10) be licensed to provide substance use disorder treatment under chapter 245G;


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(11) be certified to provide children's therapeutic services and supports under section 256B.0943;

 

(12) be certified to provide adult rehabilitative mental health services under section 256B.0623;

 

(13) be enrolled to provide mental health crisis response services under sections 256B.0624 and 256B.0944;

 

(14) be enrolled to provide mental health targeted case management under section 256B.0625, subdivision 20;

 

(15) comply with standards relating to mental health case management in Minnesota Rules, parts 9520.0900 to 9520.0926;

 

(16) provide services that comply with the evidence-based practices described in paragraph (e); and

 

(17) comply with standards relating to peer services under sections 256B.0615, 256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer services are provided.

 

(b) If an entity is unable to provide one or more of the services listed in paragraph (a), clauses (6) to (17), the commissioner may certify the entity as a CCBHC, if the entity has a current contract with another entity that has the required authority to provide that service and that meets federal CCBHC criteria as a designated collaborating organization, or, to the extent allowed by the federal CCBHC criteria, the commissioner may approve a referral arrangement.  The CCBHC must meet federal requirements regarding the type and scope of services to be provided directly by the CCBHC.

 

(c) Notwithstanding any other law that requires a county contract or other form of county approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets CCBHC requirements may receive the prospective payment under section 256B.0625, subdivision 5m, for those services without a county contract or county approval.  There is no county share when medical assistance pays the CCBHC prospective payment.  As part of the certification process in paragraph (a), the commissioner shall require a letter of support from the CCBHC's host county confirming that the CCBHC and the county or counties it serves have an ongoing relationship to facilitate access and continuity of care, especially for individuals who are uninsured or who may go on and off medical assistance.

 

(d) When the standards listed in paragraph (a) or other applicable standards conflict or address similar issues in duplicative or incompatible ways, the commissioner may grant variances to state requirements if the variances do not conflict with federal requirements.  If standards overlap, the commissioner may substitute all or a part of a licensure or certification that is substantially the same as another licensure or certification.  The commissioner shall consult with stakeholders, as described in subdivision 4, before granting variances under this provision.  For the CCBHC that is certified but not approved for prospective payment under section 256B.0625, subdivision 5m, the commissioner may grant a variance under this paragraph if the variance does not increase the state share of costs.

 

(e) The commissioner shall issue a list of required evidence-based practices to be delivered by CCBHCs, and may also provide a list of recommended evidence-based practices.  The commissioner may update the list to reflect advances in outcomes research and medical services for persons living with mental illnesses or substance use disorders.  The commissioner shall take into consideration the adequacy of evidence to support the efficacy of the practice, the quality of workforce available, and the current availability of the practice in the state.  At least 30 days before issuing the initial list and any revisions, the commissioner shall provide stakeholders with an opportunity to comment.

 

(f) The commissioner shall recertify CCBHCs at least every three years.  The commissioner shall establish a process for decertification and shall require corrective action, medical assistance repayment, or decertification of a CCBHC that no longer meets the requirements in this section or that fails to meet the standards provided by the commissioner in the application and certification process.


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Sec. 2.  Minnesota Statutes 2018, section 245A.11, subdivision 2a, is amended to read:

 

Subd. 2a.  Adult foster care and community residential setting license capacity.  (a) The commissioner shall issue adult foster care and community residential setting licenses with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, except that the commissioner may issue a license with a capacity of five beds, including roomers and boarders, according to paragraphs (b) to (g).

 

(b) The license holder may have a maximum license capacity of five if all persons in care are age 55 or over and do not have a serious and persistent mental illness or a developmental disability.

 

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a licensed capacity of up to five persons to admit an individual under the age of 55 if the variance complies with section 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.

 

(d) The commissioner may grant variances to paragraph (a) to allow the use of an additional bed, up to five, for emergency crisis services for a person with serious and persistent mental illness or a developmental disability, regardless of age, if the variance complies with section 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.

 

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an additional bed, up to five, for respite services, as defined in section 245A.02, for persons with disabilities, regardless of age, if the variance complies with sections 245A.03, subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended by the county in which the licensed facility is located.  Respite care may be provided under the following conditions:

 

(1) staffing ratios cannot be reduced below the approved level for the individuals being served in the home on a permanent basis;

 

(2) no more than two different individuals can be accepted for respite services in any calendar month and the total respite days may not exceed 120 days per program in any calendar year;

 

(3) the person receiving respite services must have his or her own bedroom, which could be used for alternative purposes when not used as a respite bedroom, and cannot be the room of another person who lives in the facility; and

 

(4) individuals living in the facility must be notified when the variance is approved.  The provider must give 60 days' notice in writing to the residents and their legal representatives prior to accepting the first respite placement.  Notice must be given to residents at least two days prior to service initiation, or as soon as the license holder is able if they receive notice of the need for respite less than two days prior to initiation, each time a respite client will be served, unless the requirement for this notice is waived by the resident or legal guardian.

 

(f) The commissioner may issue an adult foster care or community residential setting license with a capacity of five adults if the fifth bed does not increase the overall statewide capacity of licensed adult foster care or community residential setting beds in homes that are not the primary residence of the license holder, as identified in a plan submitted to the commissioner by the county, when the capacity is recommended by the county licensing agency of the county in which the facility is located and if the recommendation verifies that:

 

(1) the facility meets the physical environment requirements in the adult foster care licensing rule;

 

(2) the five-bed living arrangement is specified for each resident in the resident's:

 

(i) individualized plan of care;

 

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or


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(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, subpart 19, if required;

 

(3) the license holder obtains written and signed informed consent from each resident or resident's legal representative documenting the resident's informed choice to remain living in the home and that the resident's refusal to consent would not have resulted in service termination; and

 

(4) the facility was licensed for adult foster care before March 1, 2011 2016.

 

(g) The commissioner shall not issue a new adult foster care license under paragraph (f) after June 30 December 31, 2019 2020.  The commissioner shall allow a facility with an adult foster care license issued under paragraph (f) before June 30 December 31, 2019 2020, to continue with a capacity of five adults if the license holder continues to comply with the requirements in paragraph (f).

 

Sec. 3.  Minnesota Statutes 2018, section 245D.02, is amended by adding a subdivision to read:

 

Subd. 32a.  Sexual violence.  "Sexual violence" means the use of sexual actions or words that are unwanted or harmful to another person.

 

Sec. 4.  Minnesota Statutes 2018, section 245D.071, subdivision 3, is amended to read:

 

Subd. 3.  Assessment and initial service planning.  (a) Within 15 days of service initiation the license holder must complete a preliminary coordinated service and support plan addendum based on the coordinated service and support plan.

 

(b) Within the scope of services, the license holder must, at a minimum, complete assessments in the following areas before the 45-day planning meeting:

 

(1) the person's ability to self-manage health and medical needs to maintain or improve physical, mental, and emotional well-being, including, when applicable, allergies, seizures, choking, special dietary needs, chronic medical conditions, self-administration of medication or treatment orders, preventative screening, and medical and dental appointments;

 

(2) the person's ability to self-manage personal safety to avoid injury or accident in the service setting, including, when applicable, risk of falling, mobility, regulating water temperature, community survival skills, water safety skills, and sensory disabilities; and

 

(3) the person's ability to self-manage symptoms or behavior that may otherwise result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination of services by the license holder, or other symptoms or behaviors that may jeopardize the health and welfare of the person or others.

 

Assessments must produce information about the person that describes the person's overall strengths, functional skills and abilities, and behaviors or symptoms.  Assessments must be based on the person's status within the last 12 months at the time of service initiation.  Assessments based on older information must be documented and justified.  Assessments must be conducted annually at a minimum or within 30 days of a written request from the person or the person's legal representative or case manager.  The results must be reviewed by the support team or expanded support team as part of a service plan review.

 

(c) Within Before providing 45 days of service initiation or within 60 calendar days of service initiation, whichever is shorter, the license holder must meet with the person, the person's legal representative, the case manager, and other members of the support team or expanded support team, and other people as identified by the person or the person's legal representative to determine the following based on information obtained from the assessments identified in paragraph (b), the person's identified needs in the coordinated service and support plan, and the requirements in subdivision 4 and section 245D.07, subdivision 1a:


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(1) the scope of the services to be provided to support the person's daily needs and activities;

 

(2) the person's desired outcomes and the supports necessary to accomplish the person's desired outcomes;

 

(3) the person's preferences for how services and supports are provided, including how the provider will support the person to have control of the person's schedule;

 

(4) whether the current service setting is the most integrated setting available and appropriate for the person; and

 

(5) opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences;

 

(6) opportunities for community access, participation, and inclusion in preferred community activities;

 

(7) opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community;

 

(8) opportunities to seek competitive employment and work at competitively paying jobs in the community; and

 

(5) (9) how services must be coordinated across other providers licensed under this chapter serving the person and members of the support team or expanded support team to ensure continuity of care and coordination of services for the person.

 

(d) A discussion of how technology might be used to meet the person's desired outcomes must be included in the 45-day planning meeting.  The coordinated service and support plan or support plan addendum must include a summary of this discussion.  The summary must include a statement regarding any decision that is made regarding the use of technology and a description of any further research that needs to be completed before a decision regarding the use of technology can be made.  Nothing in this paragraph requires that the coordinated service and support plan include the use of technology for the provision of services.

 

Sec. 5.  Minnesota Statutes 2018, section 245D.081, subdivision 2, is amended to read:

 

Subd. 2.  Coordination and evaluation of individual service delivery.  (a) Delivery and evaluation of services provided by the license holder must be coordinated by a designated staff person.  Except as provided in clause (3), the designated coordinator must provide supervision, support, and evaluation of activities that include:

 

(1) oversight of the license holder's responsibilities assigned in the person's coordinated service and support plan and the coordinated service and support plan addendum;

 

(2) taking the action necessary to facilitate the accomplishment of the outcomes according to the requirements in section 245D.07;

 

(3) instruction and assistance to direct support staff implementing the coordinated service and support plan and the service outcomes, including direct observation of service delivery sufficient to assess staff competency.  The designated coordinator may delegate the direct observation and competency assessment of the service delivery activities of direct support staff to an individual whom the designated coordinator has previously deemed competent in those activities; and

 

(4) evaluation of the effectiveness of service delivery, methodologies, and progress on the person's outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07.


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(b) The license holder must ensure that the designated coordinator is competent to perform the required duties identified in paragraph (a) through education, training, and work experience relevant to the primary disability of persons served by the license holder and the individual persons for whom the designated coordinator is responsible.  The designated coordinator must have the skills and ability necessary to develop effective plans and to design and use data systems to measure effectiveness of services and supports.  The license holder must verify and document competence according to the requirements in section 245D.09, subdivision 3.  The designated coordinator must minimally have:

 

(1) a baccalaureate degree in a field related to human services, and one year of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older;

 

(2) an associate degree in a field related to human services, and two years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older;

 

(3) a diploma in a field related to human services from an accredited postsecondary institution and three years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older; or

 

(4) a minimum of 50 hours of education and training related to human services and disabilities; and

 

(5) four years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older under the supervision of a staff person who meets the qualifications identified in clauses (1) to (3).

 

Sec. 6.  Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:

 

Subd. 4.  Orientation to program requirements.  Except for a license holder who does not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, the license holder must provide and ensure completion of orientation sufficient to create staff competency for direct support staff that combines supervised on‑the-job training with review of and instruction in the following areas:

 

(1) the job description and how to complete specific job functions, including:

 

(i) responding to and reporting incidents as required under section 245D.06, subdivision 1; and

 

(ii) following safety practices established by the license holder and as required in section 245D.06, subdivision 2;

 

(2) the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures;

 

(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices;

 

(4) the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04;

 

(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment.  This orientation must be provided within 72 hours of first providing direct contact services and annually thereafter according to section 245A.65, subdivision 3;

 

(6) the principles of person-centered service planning and delivery as identified in section 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff person;


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(7) the safe and correct use of manual restraint on an emergency basis according to the requirements in section 245D.061 or successor provisions, and what constitutes the use of restraints, time out, and seclusion, including chemical restraint;

 

(8) staff responsibilities related to prohibited procedures under section 245D.06, subdivision 5, or successor provisions, why such procedures are not effective for reducing or eliminating symptoms or undesired behavior, and why such procedures are not safe;

 

(9) basic first aid; and

 

(10) strategies to minimize the risk of sexual violence, including concepts of healthy relationships, consent, and bodily autonomy of people with disabilities; and

 

(11) other topics as determined necessary in the person's coordinated service and support plan by the case manager or other areas identified by the license holder.

 

Sec. 7.  Minnesota Statutes 2018, section 245D.09, subdivision 4a, is amended to read:

 

Subd. 4a.  Orientation to individual service recipient needs.  (a) Before having unsupervised direct contact with a person served by the program, or for whom the staff person has not previously provided direct support, or any time the plans or procedures identified in paragraphs (b) to (f) are revised, the staff person must review and receive instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's job functions for that person.

 

(b) For community residential services, training and competency evaluations must include the following, if identified in the coordinated service and support plan:

 

(1) appropriate and safe techniques in personal hygiene and grooming, including hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily living (ADLs) as defined under section 256B.0659, subdivision 1;

 

(2) an understanding of what constitutes a healthy diet according to data from the Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and

 

(3) skills necessary to provide appropriate support in instrumental activities of daily living (IADLs) as defined under section 256B.0659, subdivision 1.

 

(c) The staff person must review and receive instruction on the person's coordinated service and support plan or coordinated service and support plan addendum as it relates to the responsibilities assigned to the license holder, and when applicable, the person's individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans.

 

(d) The staff person must review and receive instruction on medication setup, assistance, or administration procedures established for the person when assigned to the license holder according to section 245D.05, subdivision 1, paragraph (b).  Unlicensed staff may perform medication setup or medication administration only after successful completion of a medication setup or medication administration training, from a training curriculum developed by a registered nurse or appropriate licensed health professional.  The training curriculum must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed staff demonstrate the ability to safely and correctly follow medication procedures.


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Medication administration must be taught by a registered nurse, clinical nurse specialist, certified nurse practitioner, physician assistant, or physician if, at the time of service initiation or any time thereafter, the person has or develops a health care condition that affects the service options available to the person because the condition requires:

 

(1) specialized or intensive medical or nursing supervision; and

 

(2) nonmedical service providers to adapt their services to accommodate the health and safety needs of the person.

 

(e) The staff person must review and receive instruction on the safe and correct operation of medical equipment used by the person to sustain life or to monitor a medical condition that could become life-threatening without proper use of the medical equipment, including but not limited to ventilators, feeding tubes, or endotracheal tubes.  The training must be provided by a licensed health care professional or a manufacturer's representative and incorporate an observed skill assessment to ensure staff demonstrate the ability to safely and correctly operate the equipment according to the treatment orders and the manufacturer's instructions.

 

(f) The staff person must review and receive instruction on mental health crisis response, de-escalation techniques, and suicide intervention when providing direct support to a person with a serious mental illness.

 

(g) In the event of an emergency service initiation, the license holder must ensure the training required in this subdivision occurs within 72 hours of the direct support staff person first having unsupervised contact with the person receiving services.  The license holder must document the reason for the unplanned or emergency service initiation and maintain the documentation in the person's service recipient record.

 

(h) License holders who provide direct support services themselves must complete the orientation required in subdivision 4, clauses (3) to (10) (11).

 

Sec. 8.  Minnesota Statutes 2019 Supplement, section 245D.09, subdivision 5, is amended to read:

 

Subd. 5.  Annual training.  A license holder must provide annual training to direct support staff on the topics identified in subdivision 4, clauses (3) to (10) (11).  If the direct support staff has a first aid certification, annual training under subdivision 4, clause (9), is not required as long as the certification remains current.

 

Sec. 9.  Minnesota Statutes 2018, section 256.975, subdivision 12, is amended to read:

 

Subd. 12.  Self-directed caregiver grants.  Beginning on July 1, 2019, the Minnesota Board on Aging shall, in consultation with area agencies on aging and other community caregiver stakeholders, administer self-directed caregiver grants to support at-risk family caregivers of older adults or others eligible under the Older Americans Act of 1965, United States Code, title 42, chapter 35, sections 3001 to 3058ff, to sustain family caregivers in the caregivers' roles so older adults can remain at home longer.  The board shall give priority to consumers referred under section 256.975, subdivision 7, paragraph (d).  The board shall submit by January 15, 2022, and each January thereafter, a progress report on the self-directed caregiver grants program to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over human services.  The progress report must include metrics on the use of the program.

 

Sec. 10.  Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 5c, is amended to read:

 

Subd. 5c.  Excess income standard.  (a) The excess income standard for parents and caretaker relatives, pregnant women, infants, and children ages two through 20 is the standard specified in subdivision 4, paragraph (b).

 

(b) The excess income standard for a person whose eligibility is based on blindness, disability, or age of 65 or more years shall equal:


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(1) 81 percent of the federal poverty guidelines; and

 

(2) effective July 1, 2022, 100 percent of the federal poverty guidelines the standard specified in subdivision 4, paragraph (a).

 

Sec. 11.  Minnesota Statutes 2019 Supplement, section 256B.0625, subdivision 5m, is amended to read:

 

Subd. 5m.  Certified community behavioral health clinic services.  (a) Medical assistance covers certified community behavioral health clinic (CCBHC) services that meet the requirements of section 245.735, subdivision 3.

 

(b) The commissioner shall establish standards and methodologies for a prospective payment system for medical assistance payments for services delivered by a CCBHC, in accordance with guidance issued by the Centers for Medicare and Medicaid Services.  The commissioner shall include a quality bonus payment in the prospective payment system based on federal criteria.  There is no county share when medical assistance pays the CCBHC prospective payment.

 

(c) To the extent allowed by federal law, the commissioner may limit the number of CCBHCs for the prospective payment system in paragraph (b) to ensure that the projected claims do not exceed the money appropriated for this purpose.  The commissioner shall apply the following priorities, in the order listed, to give preference to clinics that:

 

(1) provide a comprehensive range of services and evidence-based practices for all age groups, with services being fully coordinated and integrated;

 

(2) are certified as CCBHCs during the federal section 223 CCBHC demonstration period;

 

(3) receive CCBHC grants from the United States Department of Health and Human Services; or

 

(4) focus on serving individuals in tribal areas and other underserved communities.

 

(d) (c) Unless otherwise indicated in applicable federal requirements, the prospective payment system must continue to be based on the federal instructions issued for the federal section 223 CCBHC demonstration, except:

 

(1) the commissioner shall rebase CCBHC rates at least every three years;

 

(2) the commissioner shall provide for a 60-day appeals process of the rebasing;

 

(3) the prohibition against inclusion of new facilities in the demonstration does not apply after the demonstration ends;

 

(4) the prospective payment rate under this section does not apply to services rendered by CCBHCs to individuals who are dually eligible for Medicare and medical assistance when Medicare is the primary payer for the service.  An entity that receives a prospective payment system rate that overlaps with the CCBHC rate is not eligible for the CCBHC rate;

 

(5) payments for CCBHC services to individuals enrolled in managed care shall be coordinated with the state's phase-out of CCBHC wrap payments;

 

(6) initial prospective payment rates for CCBHCs certified after July 1, 2019, shall be based on rates for comparable CCBHCs.  If no comparable provider exists, the commissioner shall compute a CCBHC-specific rate based upon the CCBHC's audited costs adjusted for changes in the scope of services; and

 

(7) the prospective payment rate for each CCBHC shall be adjusted annually by the Medicare Economic Index as defined for the federal section 223 CCBHC demonstration.; and


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(8) the commissioner shall seek federal approval for a CCBHC rate methodology that allows for rate modifications based on changes in scope for an individual CCBHC, including changes to the type, intensity, or duration of services.  Upon federal approval, a CCBHC may submit a change of scope request to the commissioner if the change in scope would result in a change of 2.5 percent or more in the prospective payment system rate currently received by the CCBHC.  CCBHC change of scope requests must be according to a format and timeline to be determined by the commissioner in consultation with CCBHCs.

 

(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC providers at the prospective payment rate.  The commissioner shall monitor the effect of this requirement on the rate of access to the services delivered by CCBHC providers.  If, for any contract year, federal approval is not received due to the provisions of this paragraph, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision.  Contracts between managed care plans and county-based purchasing plans and providers to whom this paragraph applies must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph.  Payment recoveries must not exceed the amount equal to any increase in rates that results from this provision.  If federal approval is not received at any time due to the provisions of this paragraph, this paragraph will expire.

 

Sec. 12.  Minnesota Statutes 2018, section 256B.0625, subdivision 56a, is amended to read:

 

Subd. 56a.  Post-arrest Officer-involved community-based service care coordination.  (a) Medical assistance covers post-arrest officer-involved community-based service care coordination for an individual who:

 

(1) has been identified as having screened positive for benefiting from treatment for a mental illness or substance use disorder using a screening tool approved by the commissioner;

 

(2) does not require the security of a public detention facility and is not considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010;

 

(3) meets the eligibility requirements in section 256B.056; and

 

(4) has agreed to participate in post-arrest officer-involved community-based service care coordination through a diversion contract in lieu of incarceration.

 

(b) Post-arrest Officer-involved community-based service care coordination means navigating services to address a client's mental health, chemical health, social, economic, and housing needs, or any other activity targeted at reducing the incidence of jail utilization and connecting individuals with existing covered services available to them, including, but not limited to, targeted case management, waiver case management, or care coordination.

 

(c) Post-arrest Officer-involved community-based service care coordination must be provided by an individual who is an employee of a county or is under contract with a county, or is an employee of or under contract with an Indian health service facility or facility owned and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 facility to provide post-arrest officer-involved community-based care coordination and is qualified under one of the following criteria:

 

(1) a licensed mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6);

 

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working under the clinical supervision of a mental health professional; or

 

(3) a certified peer specialist under section 256B.0615, working under the clinical supervision of a mental health professional.;


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(4) an individual qualified as an alcohol and drug counselor under section 245G.11, subdivision 5; or

 

(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the supervision of an individual qualified as an alcohol and drug counselor under section 245G.11, subdivision 5.

 

(d) Reimbursement is allowed for up to 60 days following the initial determination of eligibility.

 

(e) Providers of post-arrest officer-involved community-based service care coordination shall annually report to the commissioner on the number of individuals served, and number of the community-based services that were accessed by recipients.  The commissioner shall ensure that services and payments provided under post-arrest officer-involved community-based service care coordination do not duplicate services or payments provided under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

 

(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for post-arrest officer-involved community-based service care coordination services shall be provided by the county providing the services, from sources other than federal funds or funds used to match other federal funds.

 

Sec. 13.  Minnesota Statutes 2018, section 256B.0653, subdivision 4, is amended to read:

 

Subd. 4.  Skilled nurse visit services.  (a) Skilled nurse visit services must be provided by a registered nurse or a licensed practical nurse under the supervision of a registered nurse, according to the written plan of care and accepted standards of medical and nursing practice according to chapter 148.  Skilled nurse visit services must be ordered by a physician, advanced practice registered nurse practitioner, clinical nurse specialist, certified nurse midwife, or physician assistant and documented in a plan of care that is reviewed and approved by the ordering physician, advanced practice registered nurse, or physician assistant practitioner at least once every 60 days.  All skilled nurse visits must be medically necessary and provided in the recipient's home residence or in the community where normal life activities take the recipient, except as allowed under section 256B.0625, subdivision 6a.

 

(b) Skilled nurse visits include face-to-face and telehomecare visits with a limit of up to two visits per day per recipient.  All visits must be based on assessed needs.

 

(c) Telehomecare skilled nurse visits are allowed when the recipient's health status can be accurately measured and assessed without a need for a face-to-face, hands-on encounter.  All telehomecare skilled nurse visits must have authorization and are paid at the same allowable rates as face-to-face skilled nurse visits.

 

(d) The provision of telehomecare must be made via live, two-way interactive audiovisual technology and may be augmented by utilizing store-and-forward technologies.  Individually identifiable patient data obtained through real-time or store-and-forward technology must be maintained as health records according to sections 144.291 to 144.298.  If the video is used for research, training, or other purposes unrelated to the care of the patient, the identity of the patient must be concealed.

 

(e) Authorization for skilled nurse visits must be completed under section 256B.0652.  A total of nine face-to-face skilled nurse visits per calendar year do not require authorization.  All telehomecare skilled nurse visits require authorization.

 

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

 

Sec. 14.  Minnesota Statutes 2018, section 256B.0653, subdivision 5, is amended to read:

 

Subd. 5.  Home care therapies.  (a) Home care therapies include the following:  physical therapy, occupational therapy, respiratory therapy, and speech and language pathology therapy services.


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(b) Home care therapies must be:

 

(1) provided in the recipient's residence or in the community where normal life activities take the recipient after it has been determined the recipient is unable to access outpatient therapy;

 

(2) prescribed, ordered, or referred by a physician, nurse practitioner, clinical nurse specialist, certified nurse midwife, or physician assistant, and documented in a plan of care and reviewed, according to Minnesota Rules, part 9505.0390;

 

(3) assessed by an appropriate therapist; and

 

(4) provided by a Medicare-certified home health agency enrolled as a Medicaid provider agency.

 

(c) Restorative and specialized maintenance therapies must be provided according to Minnesota Rules, part 9505.0390.  Physical and occupational therapy assistants may be used as allowed under Minnesota Rules, part 9505.0390, subpart 1, item B.

 

(d) For both physical and occupational therapies, the therapist and the therapist's assistant may not both bill for services provided to a recipient on the same day.

 

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

 

Sec. 15.  Minnesota Statutes 2018, section 256B.0653, subdivision 7, is amended to read:

 

Subd. 7.  Face-to-face encounter.  (a) A face-to-face encounter by a qualifying provider must be completed for all home health services regardless of the need for prior authorization, except when providing a onetime perinatal visit by skilled nursing.  The face-to-face encounter may occur through telemedicine as defined in section 256B.0625, subdivision 3b.  The encounter must be related to the primary reason the recipient requires home health services and must occur within the 90 days before or the 30 days after the start of services.  The face-to-face encounter may be conducted by one of the following practitioners, licensed in Minnesota:

 

(1) a physician;

 

(2) a nurse practitioner or clinical nurse specialist;

 

(3) a certified nurse midwife; or

 

(4) a physician assistant.

 

(b) The allowed nonphysician practitioner, as described in this subdivision, performing the face-to-face encounter but who is not the ordering practitioner must communicate the clinical findings of that face-to-face encounter to the ordering physician practitioner.  Those The clinical findings of that face-to-face encounter must be incorporated into a written or electronic document included in the recipient's medical record.  To assure clinical correlation between the face-to-face encounter and the associated home health services, the physician practitioner responsible for ordering the services must:

 

(1) document that the face-to-face encounter, which is related to the primary reason the recipient requires home health services, occurred within the required time period; and

 

(2) indicate the practitioner who conducted the encounter and the date of the encounter.


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(c) For home health services requiring authorization, including prior authorization, home health agencies must retain the qualifying documentation of a face-to-face encounter as part of the recipient health service record, and submit the qualifying documentation to the commissioner or the commissioner's designee upon request.

 

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

 

Sec. 16.  Minnesota Statutes 2018, section 256B.0654, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) "Complex home care nursing" means home care nursing services provided to recipients who meet the criteria for regular home care nursing and require life-sustaining interventions to reduce the risk of long-term injury or death.

 

(b) "Home care nursing" means ongoing physician-ordered hourly nursing services ordered by a physician, nurse practitioner, clinical nurse specialist, certified nurse midwife, or physician assistant, performed by a registered nurse or licensed practical nurse within the scope of practice as defined by the Minnesota Nurse Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's health.

 

(c) "Home care nursing agency" means a medical assistance enrolled provider licensed under chapter 144A to provide home care nursing services.

 

(d) "Regular home care nursing" means home care nursing provided because:

 

(1) the recipient requires more individual and continuous care than can be provided during a skilled nurse visit; or

 

(2) the cares are outside of the scope of services that can be provided by a home health aide or personal care assistant.

 

(e) "Shared home care nursing" means the provision of home care nursing services by a home care nurse to two recipients at the same time and in the same setting.

 

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

 

Sec. 17.  Minnesota Statutes 2018, section 256B.0654, subdivision 2a, is amended to read:

 

Subd. 2a.  Home care nursing services.  (a) Home care nursing services must be used:

 

(1) in the recipient's home or outside the home when normal life activities require;

 

(2) when the recipient requires more individual and continuous care than can be provided during a skilled nurse visit; and

 

(3) when the care required is outside of the scope of services that can be provided by a home health aide or personal care assistant.

 

(b) Home care nursing services must be:

 

(1) assessed by a registered nurse on a form approved by the commissioner;

 

(2) ordered by a physician, nurse practitioner, clinical nurse specialist, certified nurse midwife, or physician assistant, and documented in a plan of care that is reviewed by the physician ordering practitioner at least once every 60 days; and


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(3) authorized by the commissioner under section 256B.0652.

 

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

 

Sec. 18.  Minnesota Statutes 2019 Supplement, section 256B.0711, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of this section:

 

(a) "Commissioner" means the commissioner of human services unless otherwise indicated.

 

(b) "Covered program" means a program to provide direct support services funded in whole or in part by the state of Minnesota, including the community first services and supports program under section 256B.85, subdivision 2, paragraph (e); consumer directed consumer-directed community supports services and extended state plan personal care assistance services available under programs established pursuant to home and community-based service waivers authorized under section 1915(c) of the Social Security Act, and Minnesota Statutes, including, but not limited to, chapter 256S and sections 256B.092 and 256B.49, and under the alternative care program, as offered pursuant to under section 256B.0913; the personal care assistance choice program, as established pursuant to under section 256B.0659, subdivisions 18 to 20; and any similar program that may provide similar services in the future.

 

(c) "Direct support services" means personal care assistance services covered by medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b), and instrumental activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (i); and other similar, in-home, nonprofessional long-term services and supports provided to an elderly person or person with a disability by the person's employee or the employee of the person's representative to meet such person's daily living needs and ensure that such person may adequately function in the person's home and have safe access to the community.

 

(d) "Individual provider" means an individual selected by and working under the direction of a participant in a covered program, or a participant's representative, to provide direct support services to the participant, but does not include an employee of a provider agency, subject to the agency's direction and control commensurate with agency employee status.

 

(e) "Participant" means a person who receives direct support services through a covered program.

 

(f) "Participant's representative" means a participant's legal guardian or an individual having the authority and responsibility to act on behalf of a participant with respect to the provision of direct support services through a covered program.

 

Sec. 19.  Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3a, is amended to read:

 

Subd. 3a.  Assessment and support planning.  (a) Persons requesting assessment, services planning, or other assistance intended to support community-based living, including persons who need assessment in order to determine waiver or alternative care program eligibility, must be visited by a long-term care consultation team within 20 calendar days after the date on which an assessment was requested or recommended.  Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person requesting personal care assistance services.  The commissioner shall provide at least a 90-day notice to lead agencies prior to the effective date of this requirement.  Face-to-face assessments must be conducted according to paragraphs (b) to (i).

 

(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified assessors to conduct the assessment.  For a person with complex health care needs, a public health or registered nurse from the team must be consulted.


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(c) The MnCHOICES assessment provided by the commissioner to lead agencies must be used to complete a comprehensive, conversation-based, person-centered assessment.  The assessment must include the health, psychological, functional, environmental, and social needs of the individual necessary to develop a community support plan that meets the individual's needs and preferences.

 

(d) The assessment must be conducted in a face-to-face conversational interview with the person being assessed.  The person's legal representative must provide input during the assessment process and may do so remotely if requested.  At the request of the person, other individuals may participate in the assessment to provide information on the needs, strengths, and preferences of the person necessary to develop a community support plan that ensures the person's health and safety.  Except for legal representatives or family members invited by the person, persons participating in the assessment may not be a provider of service or have any financial interest in the provision of services.  For persons who are to be assessed for elderly waiver customized living or adult day services under chapter 256S, with the permission of the person being assessed or the person's designated or legal representative, the client's current or proposed provider of services may submit a copy of the provider's nursing assessment or written report outlining its recommendations regarding the client's care needs.  The person conducting the assessment must notify the provider of the date by which this information is to be submitted.  This information shall be provided to the person conducting the assessment prior to the assessment.  For a person who is to be assessed for waiver services under section 256B.092 or 256B.49, with the permission of the person being assessed or the person's designated legal representative, the person's current provider of services may submit a written report outlining recommendations regarding the person's care needs the person completed in consultation with someone who is known to the person and has interaction with the person on a regular basis.  The provider must submit the report at least 60 days before the end of the person's current service agreement.  The certified assessor must consider the content of the submitted report prior to finalizing the person's assessment or reassessment.

 

(e) The certified assessor and the individual responsible for developing the coordinated service and support plan must complete the community support plan and the coordinated service and support plan no more than 60 calendar days from the assessment visit.  The person or the person's legal representative must be provided with a written community support plan within the timelines established by the commissioner, regardless of whether the person is eligible for Minnesota health care programs.

 

(f) For a person being assessed for elderly waiver services under chapter 256S, a provider who submitted information under paragraph (d) shall receive the final written community support plan when available and the Residential Services Workbook.

 

(g) The written community support plan must include:

 

(1) a summary of assessed needs as defined in paragraphs (c) and (d);

 

(2) the individual's options and choices to meet identified needs, including all available options for case management services and providers, including service provided in a non-disability-specific setting;

 

(3) identification of health and safety risks and how those risks will be addressed, including personal risk management strategies;

 

(4) referral information; and

 

(5) informal caregiver supports, if applicable.

 

For a person determined eligible for state plan home care under subdivision 1a, paragraph (b), clause (1), the person or person's representative must also receive a copy of the home care service plan developed by the certified assessor.


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(h) A person may request assistance in identifying community supports without participating in a complete assessment.  Upon a request for assistance identifying community support, the person must be transferred or referred to long-term care options counseling services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for telephone assistance and follow up.

 

(i) The person has the right to make the final decision between institutional placement and community placement after the recommendations have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d).

 

(j) The lead agency must give the person receiving assessment or support planning, or the person's legal representative, materials, and forms supplied by the commissioner containing the following information:

 

(1) written recommendations for community-based services and consumer-directed options;

 

(2) documentation that the most cost-effective alternatives available were offered to the individual.  For purposes of this clause, "cost-effective" means community services and living arrangements that cost the same as or less than institutional care.  For an individual found to meet eligibility criteria for home and community-based service programs under chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally approved waiver plan for each program;

 

(3) the need for and purpose of preadmission screening conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement.  If the individual selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;

 

(4) the role of long-term care consultation assessment and support planning in eligibility determination for waiver and alternative care programs, and state plan home care, case management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), and (b);

 

(5) information about Minnesota health care programs;

 

(6) the person's freedom to accept or reject the recommendations of the team;

 

(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;

 

(8) the certified assessor's decision regarding the person's need for institutional level of care as determined under criteria established in subdivision 4e and the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clause (6), and (b); and

 

(9) the person's right to appeal the certified assessor's decision regarding eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and (8), and (b), and incorporating the decision regarding the need for institutional level of care or the lead agency's final decisions regarding public programs eligibility according to section 256.045, subdivision 3.  The certified assessor must verbally communicate this appeal right to the person and must visually point out where in the document the right to appeal is stated.

 

(k) Face-to-face assessment completed as part of eligibility determination for the alternative care, elderly waiver, developmental disabilities, community access for disability inclusion, community alternative care, and brain injury waiver programs under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no more than 60 calendar days after the date of assessment.


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(l) The effective eligibility start date for programs in paragraph (k) can never be prior to the date of assessment.  If an assessment was completed more than 60 days before the effective waiver or alternative care program eligibility start date, assessment and support plan information must be updated and documented in the department's Medicaid Management Information System (MMIS).  Notwithstanding retroactive medical assistance coverage of state plan services, the effective date of eligibility for programs included in paragraph (k) cannot be prior to the date the most recent updated assessment is completed.

 

(m) If an eligibility update is completed within 90 days of the previous face-to-face assessment and documented in the department's Medicaid Management Information System (MMIS), the effective date of eligibility for programs included in paragraph (k) is the date of the previous face-to-face assessment when all other eligibility requirements are met.

 

(n) At the time of reassessment, the certified assessor shall assess each person receiving waiver services currently residing in a community residential setting, or licensed adult foster care home that is not the primary residence of the license holder, or in which the license holder is not the primary caregiver, to determine if that person would prefer to be served in a community-living setting as defined in section 256B.49, subdivision 23.  The certified assessor shall offer the person, through a person-centered planning process, the option to receive alternative housing and service options.

 

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

 

Sec. 20.  Minnesota Statutes 2018, section 256B.0941, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility.  (a) An individual who is eligible for mental health treatment services in a psychiatric residential treatment facility must meet all of the following criteria:

 

(1) before admission, services are determined to be medically necessary by the state's medical review agent according to Code of Federal Regulations, title 42, section 441.152;

 

(2) is younger than 21 years of age at the time of admission.  Services may continue until the individual meets criteria for discharge or reaches 22 years of age, whichever occurs first;

 

(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression, or a finding that the individual is a risk to self or others;

 

(4) has functional impairment and a history of difficulty in functioning safely and successfully in the community, school, home, or job; an inability to adequately care for one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill the individual's needs;

 

(5) requires psychiatric residential treatment under the direction of a physician to improve the individual's condition or prevent further regression so that services will no longer be needed;

 

(6) utilized and exhausted other community-based mental health services, or clinical evidence indicates that such services cannot provide the level of care needed; and

 

(7) was referred for treatment in a psychiatric residential treatment facility by a qualified mental health professional licensed as defined in section 245.4871, subdivision 27, clauses (1) to (6).

 

(b) A mental health professional making a referral shall submit documentation to the state's medical review agent containing all information necessary to determine medical necessity, including a standard diagnostic assessment completed within 180 days of the individual's admission.  Documentation shall include evidence of family participation in the individual's treatment planning and signed consent for services.


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(b) The commissioner shall provide oversight and conduct utilization reviews of referrals to and admitted clients in psychiatric residential treatment facilities to ensure that eligibility criteria, clinical services, and treatment planning are reflective of clinical, state, and federal standards for psychiatric residential treatment facility level of care.  The commissioner shall coordinate a statewide list of children and youth who meet the medical necessity criteria for psychiatric residential treatment facility level of care and who are awaiting admission.  The statewide list must not be used to direct admission of children and youth in specific facilities.

 

Sec. 21.  Minnesota Statutes 2018, section 256B.0941, subdivision 3, is amended to read:

 

Subd. 3.  Per diem rate.  (a) The commissioner shall must establish a statewide one per diem rate per provider for psychiatric residential treatment facility services for individuals 21 years of age or younger.  The rate for a provider must not exceed the rate charged by that provider for the same service to other payers.  Payment must not be made to more than one entity for each individual for services provided under this section on a given day.  The commissioner shall must set rates prospectively for the annual rate period.  The commissioner shall must require providers to submit annual cost reports on a uniform cost reporting form and shall must use submitted cost reports to inform the rate-setting process.  The cost reporting shall must be done according to federal requirements for Medicare cost reports.

 

(b) The following are included in the rate:

 

(1) costs necessary for licensure and accreditation, meeting all staffing standards for participation, meeting all service standards for participation, meeting all requirements for active treatment, maintaining medical records, conducting utilization review, meeting inspection of care, and discharge planning.  The direct services costs must be determined using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff and service‑related transportation; and

 

(2) payment for room and board provided by facilities meeting all accreditation and licensing requirements for participation.

 

(c) A facility may submit a claim for payment outside of the per diem for professional services arranged by and provided at the facility by an appropriately licensed professional who is enrolled as a provider with Minnesota health care programs.  Arranged services must be billed by the facility on a separate claim, and the facility shall be responsible for payment to the provider may be billed by either the facility or the licensed professional.  These services must be included in the individual plan of care and are subject to prior authorization by the state's medical review agent.

 

(d) Medicaid shall must reimburse for concurrent services as approved by the commissioner to support continuity of care and successful discharge from the facility.  "Concurrent services" means services provided by another entity or provider while the individual is admitted to a psychiatric residential treatment facility.  Payment for concurrent services may be limited and these services are subject to prior authorization by the state's medical review agent.  Concurrent services may include targeted case management, assertive community treatment, clinical care consultation, team consultation, and treatment planning.

 

(e) Payment rates under this subdivision shall must not include the costs of providing the following services:

 

(1) educational services;

 

(2) acute medical care or specialty services for other medical conditions;

 

(3) dental services; and

 

(4) pharmacy drug costs.


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(f) For purposes of this section, "actual cost" means costs that are allowable, allocable, reasonable, and consistent with federal reimbursement requirements in Code of Federal Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of Management and Budget Circular Number A-122, relating to nonprofit entities.

 

Sec. 22.  Minnesota Statutes 2018, section 256B.49, subdivision 16, is amended to read:

 

Subd. 16.  Services and supports.  (a) Services and supports included in the home and community-based waivers for persons with disabilities shall must meet the requirements set out in United States Code, title 42, section 1396n.  The services and supports, which are offered as alternatives to institutional care, shall must promote consumer choice, community inclusion, self-sufficiency, and self-determination.

 

(b) Beginning January 1, 2003, The commissioner shall must simplify and improve access to home and community-based waivered services, to the extent possible, through the establishment of a common service menu that is available to eligible recipients regardless of age, disability type, or waiver program.

 

(c) Consumer directed community support services shall Consumer-directed community supports must be offered as an option to all persons eligible for services under subdivision 11, by January 1, 2002.

 

(d) Services and supports shall must be arranged and provided consistent with individualized written plans of care for eligible waiver recipients.

 

(e) A transitional supports allowance shall must be available to all persons under a home and community-based waiver who are moving from a licensed setting to a community setting.  "Transitional supports allowance" means a onetime payment of up to $3,000, to cover the costs, not covered by other sources, associated with moving from a licensed setting to a community setting.  Covered costs include:

 

(1) lease or rent deposits;

 

(2) security deposits;

 

(3) utilities setup costs, including telephone;

 

(4) essential furnishings and supplies; and

 

(5) personal supports and transports needed to locate and transition to community settings.

 

(f) The state of Minnesota and county agencies that administer home and community-based waivered services for persons with disabilities, shall must not be liable for damages, injuries, or liabilities sustained through the purchase of supports by the individual, the individual's family, legal representative, or the authorized representative with funds received through the consumer-directed community support service supports under this section.  Liabilities include but are not limited to:  workers' compensation liability, the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA).

 

Sec. 23.  [256B.4911] CONSUMER-DIRECTED COMMUNITY SUPPORTS.

 

Subdivision 1.  Federal authority.  Consumer-directed community supports, as referenced in sections 256B.0913, subdivision 5, clause (17); 256B.092, subdivision 1b, clause (4); 256B.49, subdivision 16, paragraph (c); and chapter 256S are governed, in whole, by the federally-approved waiver plans for home and community‑based services.


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Subd. 2.  Costs associated with physical activities.  The expenses allowed for adults under the consumer‑directed community supports option must include the costs at the lowest rate available considering daily, monthly, semiannual, annual, or membership rates, including transportation, associated with physical exercise or other physical activities to maintain or improve the person's health and functioning.

 

Subd. 3.  Expansion and increase of budget exceptions.  (a) The commissioner of human services must provide up to 30 percent more funds for either:

 

(1) consumer-directed community supports participants under sections 256B.092 and 256B.49 who have a coordinated service and support plan which identifies the need for more services or supports under consumer‑directed community supports than the amount the participants are currently receiving under the consumer‑directed community supports budget methodology to:

 

(i) increase the amount of time a person works or otherwise improves employment opportunities;

 

(ii) plan a transition to, move to, or live in a setting described in section 256D.44, subdivision 5, paragraph (g), clause (1), item (iii); or

 

(iii) develop and implement a positive behavior support plan; or

 

(2) home and community-based waiver participants under sections 256B.092 and 256B.49 who are currently using licensed providers for:  (i) employment supports or services during the day; or (ii) residential services, either of which cost more annually than the person would spend under a consumer-directed community supports plan for any or all of the supports needed to meet a goal identified in clause (1), item (i), (ii), or (iii).

 

(b) The exception under paragraph (a), clause (1), is limited to persons who can demonstrate that they will have to discontinue using consumer-directed community supports and accept other non-self-directed waiver services because their supports needed for a goal described in paragraph (a), clause (1), item (i), (ii), or (iii), cannot be met within the consumer-directed community supports budget limits.

 

(c) The exception under paragraph (a), clause (2), is limited to persons who can demonstrate that, upon choosing to become a consumer-directed community supports participant, the total cost of services, including the exception, will be less than the cost of current waiver services.

 

Subd. 4.  Budget exception for persons leaving institutions and crisis residential settings.  (a) The commissioner must establish an institutional and crisis bed consumer-directed community supports budget exception process in the home and community-based services waivers under sections 256B.092 and 256B.49.  This budget exception process must be available for any individual who:

 

(1) is not offered available and appropriate services within 60 days since approval for discharge from the individual's current institutional setting; and

 

(2) requires services that are more expensive than appropriate services provided in a noninstitutional setting using the consumer-directed community supports option.

 

(b) Institutional settings for purposes of this exception include intermediate care facilities for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds.

 

(c) The budget exception must be limited to no more than the amount of appropriate services provided in a noninstitutional setting as determined by the lead agency managing the individual's home and community-based services waiver.  The lead agency must notify the Department of Human Services of the budget exception.


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Subd. 5.  Shared services.  (a) Medical assistance payments for shared services under consumer-directed community supports are limited to this subdivision.

 

(b) For purposes of this subdivision, "shared services" means services provided at the same time by the same direct care worker for individuals who have entered into an agreement to share consumer-directed community support services.

 

(c) Shared services may include services in the personal assistance category as outlined in the consumer-directed community supports community support plan and shared services agreement, except:

 

(1) services for more than three individuals provided by one worker at one time;

 

(2) use of more than one worker for the shared services; and

 

(3) a child care program licensed under chapter 245A or operated by a local school district or private school.

 

(d) The individuals, or as needed the individuals' representatives, must develop the plan for shared services when developing or amending the consumer-directed community supports plan, and must follow the consumer-directed community supports process for approval of the plan by the lead agency.  The plan for shared services in an individual's consumer-directed community supports plan must include the intention to utilize shared services based on individuals' needs and preferences.

 

(e) Individuals sharing services must use the same financial management services provider.

 

(f) Individuals whose consumer-directed community supports community support plans include an intent to utilize shared services must jointly develop, with the support of the individuals' representatives as needed, a shared services agreement.  This agreement must include:

 

(1) the names of the individuals receiving shared services;

 

(2) the individuals' representative, if identified in their consumer-directed community supports plans, and their duties;

 

(3) the names of the case managers;

 

(4) the financial management services provider;

 

(5) the shared services that must be provided;

 

(6) the schedule for shared services;

 

(7) the location where shared services must be provided;

 

(8) the training specific to each individual served;

 

(9) the training specific to providing shared services to the individuals identified in the agreement;

 

(10) instructions to follow all required documentation for time and services provided;

 

(11) a contingency plan for each individual that accounts for service provision and billing in the absence of one of the individuals in a shared services setting due to illness or other circumstances;


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(12) signatures of all parties involved in the shared services; and

 

(13) agreement by each individual who is sharing services on the number of shared hours for services provided.

 

(g) Any individual or any individual's representative may withdraw from participating in a shared services agreement at any time.

 

(h) The lead agency for each individual must authorize the use of the shared services option based on the criteria that the shared service is appropriate to meet the needs, health, and safety of each individual for whom they provide case management or care coordination.

 

(i) This subdivision must not be construed to reduce the total authorized consumer-directed community supports budget for an individual.

 

(j) No later than September 30, 2019, the commissioner of human services must:

 

(1) submit an amendment to the Centers for Medicare and Medicaid Services for the home and community‑based services waivers authorized under sections 256B.0913, 256B.092, and 256B.49, and chapter 256S, to allow for a shared services option under consumer-directed community supports; and

 

(2) with stakeholder input, develop guidance for shared services in consumer-directed community supports within the community-based services manual.  Guidance must include:

 

(i) recommendations for negotiating payment for one-to-two and one-to-three services; and

 

(ii) a template of the shared services agreement.

 

EFFECTIVE DATE.  This section is effective the day following final enactment, except for subdivision 5, paragraphs (a) to (i), which are effective the day following final enactment or upon federal approval, whichever occurs later.  The commissioner of human services must notify the revisor of statutes when federal approval is obtained.

 

Sec. 24.  Minnesota Statutes 2019 Supplement, section 256S.01, subdivision 6, is amended to read:

 

Subd. 6.  Immunity; consumer-directed community supports.  The state of Minnesota, or a county, managed care plan, county-based purchasing plan, or tribal government under contract to administer the elderly waiver, is not liable for damages, injuries, or liabilities sustained as a result of the participant, the participant's family, or the participant's authorized representatives purchasing direct supports or goods with funds received through consumer‑directed community support services supports under the elderly waiver.  Liabilities include, but are not limited to, workers' compensation liability, Federal Insurance Contributions Act under United States Code, title 26, subtitle c, chapter 21, or Federal Unemployment Tax Act under Internal Revenue Code, chapter 23.

 

Sec. 25.  Minnesota Statutes 2019 Supplement, section 256S.19, subdivision 4, is amended to read:

 

Subd. 4.  Calculation of monthly conversion budget cap with consumer-directed community supports.  For the elderly waiver monthly conversion budget cap for the cost of elderly waiver services with consumer-directed community support services supports, the nursing facility case mix adjusted total payment rate used under subdivision 3 to calculate the monthly conversion budget cap for elderly waiver services without consumer-directed community supports must be reduced by a percentage equal to the percentage difference between the consumer‑directed services community supports budget limit that would be assigned according to the elderly waiver plan and the corresponding monthly case mix budget cap under this chapter, but not to exceed 50 percent.


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Sec. 26.  TREATMENT OF PREVIOUSLY OBTAINED FEDERAL APPROVALS.

 

This act must not be construed to require the commissioner to seek federal approval for provisions for which the commissioner has already received federal approval.  Federal approvals the commissioner previously obtained for provisions repealed in section 18 survive and apply to the corresponding subdivisions of Minnesota Statutes, section 256B.4911.

 

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

 

Sec. 27.  REPEALER.

 

(a) Laws 2005, First Special Session chapter 4, article 7, section 50, is repealed.

 

(b) Laws 2005, First Special Session chapter 4, article 7, section 51, is repealed.

 

(c) Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter 312, article 27, section 72, Laws 2015, chapter 71, article 7, section 58, Laws 2016, chapter 144, section 1, Laws 2017, First Special Session chapter 6, article 1, section 43, Laws 2017, First Special Session chapter 6, article 1, section 54, is repealed.

 

(d) Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special Session chapter 6, article 1, section 54, is repealed. 

 

(e) Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by Laws 2019, First Special Session chapter 9, article 5, section 80, is repealed.

 

(f) Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws 2019, First Special Session chapter 9, article 5, section 81, is repealed. 

 

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

 

ARTICLE 3

DEPARTMENT OF HUMAN SERVICES POLICY PROPOSALS

 

Section 1.  Minnesota Statutes 2018, section 119B.21, is amended to read:

 

119B.21 CHILD CARE SERVICES GRANTS.

 

Subdivision 1.  Distribution of grant funds.  (a) The commissioner shall distribute funds to the child care resource and referral programs designated under section sections 119B.189 and 119B.19, subdivision 1a, for child care services grants to centers under subdivision 5 and family child care programs based upon the following factors improve child care quality, support start-up of new programs, and expand existing programs.

 

(b) Up to ten percent of funds appropriated for grants under this section may be used by the commissioner for statewide child care development initiatives, training initiatives, collaboration programs, and research and data collection.  The commissioner shall develop eligibility guidelines and a process to distribute funds under this paragraph.

 

(c) At least 90 percent of funds appropriated for grants under this section may be distributed by the commissioner to child care resource and referral programs under section sections 119B.189 and 119B.19, subdivision 1a, for child care center grants and family child care grants based on the following factors:

 

(1) the number of children under 13 years of age needing child care in the region;


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(2) the region served by the program;

 

(3) the ratio of children under 13 years of age needing child care to the number of licensed spaces in the region;

 

(4) the number of licensed child care providers and school-age care programs in the region; and

 

(5) other related factors determined by the commissioner.

 

(d) Child care resource and referral programs must award child care center grants and family child care services grants based on the recommendation of the child care district proposal review committees under subdivision 3.

 

(e) The commissioner may distribute funds under this section for a two-year period.

 

Subd. 1a.  Eligible programs.  A child care resource and referral program designated under sections 119B.189 and 119B.19, subdivision 1a, may award child care services grants to:

 

(1) a child care center licensed under Minnesota Rules, chapter 9503, or in the process of becoming licensed;

 

(2) a family or group family child care home licensed under Minnesota Rules, chapter 9502, or in the process of becoming licensed;

 

(3) corporations or public agencies that develop or provide child care services;

 

(4) a school-age care program;

 

(5) a tribally licensed child care program;

 

(6) legal nonlicensed or family, friend, and neighbor child care providers; or

 

(7) other programs as determined by the commissioner.

 

Subd. 3.  Child care district proposal review committees.  (a) Child care district proposal review committees review applications for family child care grants and child care center services grants under this section and make funding recommendations to the child care resource and referral program designated under section sections 119B.189 and 119B.19, subdivision 1a.  Each region within a district must be represented on the review committee.  The child care district proposal review committees must complete their reviews and forward their recommendations to the child care resource and referral district programs by the date specified by the commissioner.

 

(b) A child care resource and referral district program shall establish a process to select members of the child care district proposal review committee.  Members must reflect a broad cross-section of the community, and may include the following constituent groups:  family child care providers, child care center providers, school-age care providers, parents who use child care services, health services, social services, public schools, Head Start, employers, representatives of cultural and ethnic communities, and other citizens with demonstrated interest in child care issues.  Members of the proposal review committee with a direct financial interest in a pending grant proposal may not provide a recommendation or participate in the ranking of that grant proposal.

 

(c) The child care resource and referral district program may reimburse committee members for their actual travel, child care, and child care provider substitute expenses for up to two committee meetings per year.  The program may also pay offer a stipend to parent representatives proposal review committee members for participating in two meetings per year the grant review process.


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Subd. 5.  Child care services grants.  (a) A child care resource and referral program designated under section sections 119B.189 and 119B.19, subdivision 1a, may award child care services grants for:

 

(1) creating new licensed child care facilities and expanding existing facilities, including, but not limited to, supplies, equipment, facility renovation, and remodeling;

 

(2) improving licensed child care facility programs facility improvements, including but not limited to, improvements to meet licensing requirements;

 

(3) staff training and development services including, but not limited to, in-service training, curriculum development, accreditation, certification, consulting, resource centers, program and resource materials, supporting effective teacher-child interactions, child-focused teaching, and content-driven classroom instruction;

 

(4) capacity building through the purchase of appropriate technology to create, enhance, and maintain business management systems;

 

(5) emergency assistance for child care programs;

 

(6) new programs or projects for the creation, expansion, or improvement of programs that serve ethnic immigrant and refugee communities; and

 

(7) targeted recruitment initiatives to expand and build the capacity of the child care system and to improve the quality of care provided by legal nonlicensed child care providers.; and

 

(8) other uses as approved by the commissioner.

 

(b) A child care resource and referral organization designated under section sections 119B.189 and 119B.19, subdivision 1a, may award child care services grants of up to $1,000 to family child care providers.  These grants may be used for:  eligible programs in amounts up to a maximum determined by the commissioner for each type of eligible program.

 

(1) facility improvements, including, but not limited to, improvements to meet licensing requirements;

 

(2) improvements to expand a child care facility or program;

 

(3) toys and equipment;

 

(4) technology and software to create, enhance, and maintain business management systems;

 

(5) start-up costs;

 

(6) staff training and development; and

 

(7) other uses approved by the commissioner.

 

(c) A child care resource and referral program designated under section 119B.19, subdivision 1a, may award child care services grants to:

 

(1) licensed providers;

 

(2) providers in the process of being licensed;


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(3) corporations or public agencies that develop or provide child care services;

 

(4) school-age care programs;

 

(5) legal nonlicensed or family, friend, and neighbor care providers; or

 

(6) any combination of clauses (1) to (5).

 

(d) A child care center that is a recipient of a child care services grant for facility improvements or staff training and development must provide a 25 percent local match.  A local match is not required for grants to family child care providers.

 

(e) Beginning July 1, 2009, grants to child care centers under this subdivision shall be increasingly awarded for activities that improve provider quality, including activities under paragraph (a), clauses (1) to (3) and (6).  Grants to family child care providers shall be increasingly awarded for activities that improve provider quality, including activities under paragraph (b), clauses (1), (3), and (6).

 

Sec. 2.  Minnesota Statutes 2018, section 119B.26, is amended to read:

 

119B.26 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER PERIODS.

 

The commissioner may waive requirements under this chapter for up to nine months after the disaster in areas where a federal disaster has been declared under United States Code, title 42, section 5121, et seq., or the governor has exercised authority under chapter 12.  The commissioner may waive requirements retroactively from the date of the disaster.  The commissioner shall notify the chairs of the house of representatives and senate committees with jurisdiction over this chapter and the house of representatives Ways and Means Committee ten days before the effective date of any waiver granted within five business days after the commissioner grants a waiver under this section.

 

Sec. 3.  Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision to read:

 

Subd. 32a.  Responsible social services agency.  "Responsible social services agency" is defined in section 260C.007, subdivision 27a.

 

EFFECTIVE DATE.  This section is effective September 30, 2021.

 

Sec. 4.  Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:

 

Subdivision 1.  Admission criteria.  (a) Prior to admission or placement, except in the case of an emergency admission, all children referred for treatment of severe emotional disturbance in a treatment foster care setting, residential treatment facility, or informally admitted to a regional treatment center shall undergo an assessment to determine the appropriate level of care if public funds are used to pay for the services.

 

(b) The county board responsible social services agency shall determine the appropriate level of care for a child when county-controlled funds are used to pay for the child's services or placement in a qualified residential treatment facility under chapter 260C and licensed by the commissioner under chapter 245A.  In accordance with section 260C.157, a juvenile treatment screening team shall conduct a screening before the team may recommend whether to place a child in a qualified residential treatment program as defined in section 260C.007, subdivision 26d.  When a social services agency does not have responsibility for a child's placement and the child is enrolled in a prepaid health program under section 256B.69, the enrolled child's contracted health plan must


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determine the appropriate level of care.  When Indian Health Services funds or funds of a tribally owned facility funded under the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are to be used, the Indian Health Services or 638 tribal health facility must determine the appropriate level of care.  When more than one entity bears responsibility for coverage, the entities shall coordinate level of care determination activities to the extent possible.

 

(c) The responsible social services agency must make the level of care determination shall available to the juvenile treatment screening team, as permitted under chapter 13.  The level of care determination shall inform the juvenile treatment screening team process and the assessment in section 260C.704 when considering whether to place the child in a qualified residential treatment program.  When the responsible social services agency is not involved in determining a child's placement, the child's level of care determination shall determine whether the proposed treatment:

 

(1) is necessary;

 

(2) is appropriate to the child's individual treatment needs;

 

(3) cannot be effectively provided in the child's home; and

 

(4) provides a length of stay as short as possible consistent with the individual child's need.

 

(d) When a level of care determination is conducted, the responsible social services agency or other entity may not determine that a screening under section 260C.157 or referral or admission to a treatment foster care setting or residential treatment facility is not appropriate solely because services were not first provided to the child in a less restrictive setting and the child failed to make progress toward or meet treatment goals in the less restrictive setting.  The level of care determination must be based on a diagnostic assessment that includes a functional assessment which evaluates family, school, and community living situations; and an assessment of the child's need for care out of the home using a validated tool which assesses a child's functional status and assigns an appropriate level of care.  The validated tool must be approved by the commissioner of human services.  If a diagnostic assessment including a functional assessment has been completed by a mental health professional within the past 180 days, a new diagnostic assessment need not be completed unless in the opinion of the current treating mental health professional the child's mental health status has changed markedly since the assessment was completed.  The child's parent shall be notified if an assessment will not be completed and of the reasons.  A copy of the notice shall be placed in the child's file.  Recommendations developed as part of the level of care determination process shall include specific community services needed by the child and, if appropriate, the child's family, and shall indicate whether or not these services are available and accessible to the child and family.

 

(e) During the level of care determination process, the child, child's family, or child's legal representative, as appropriate, must be informed of the child's eligibility for case management services and family community support services and that an individual family community support plan is being developed by the case manager, if assigned.

 

(f) The level of care determination shall comply with section 260C.212.  The parent shall be consulted in the process, unless clinically detrimental to the child.  When the responsible social services agency has authority, the agency must engage the child's parents in case planning under sections 260C.212 and 260C.708 unless a court terminates the parent's rights or court orders restrict the parent from participating in case planning, visitation, or parental responsibilities.

 

(g) The level of care determination, and placement decision, and recommendations for mental health services must be documented in the child's record, as required in chapters 260C.

 

EFFECTIVE DATE.  This section is effective September 30, 2021.


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Sec. 5.  Minnesota Statutes 2019 Supplement, section 245.4889, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment and authority.  (a) The commissioner is authorized to make grants from available appropriations to assist:

 

(1) counties;

 

(2) Indian tribes;

 

(3) children's collaboratives under section 124D.23 or 245.493; or

 

(4) mental health service providers.

 

(b) The following services are eligible for grants under this section:

 

(1) services to children with emotional disturbances as defined in section 245.4871, subdivision 15, and their families;

 

(2) transition services under section 245.4875, subdivision 8, for young adults under age 21 and their families;

 

(3) respite care services for children with emotional disturbances or severe emotional disturbances who are at risk of out-of-home placement.  A child is not required to have case management services to receive respite care services;

 

(4) children's mental health crisis services;

 

(5) mental health services for people from cultural and ethnic minorities;

 

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

 

(7) services to promote and develop the capacity of providers to use evidence-based practices in providing children's mental health services;

 

(8) school-linked mental health services under section 245.4901;

 

(9) building evidence-based mental health intervention capacity for children birth to age five;

 

(10) suicide prevention and counseling services that use text messaging statewide;

 

(11) mental health first aid training;

 

(12) training for parents, collaborative partners, and mental health providers on the impact of adverse childhood experiences and trauma and development of an interactive website to share information and strategies to promote resilience and prevent trauma;

 

(13) transition age services to develop or expand mental health treatment and supports for adolescents and young adults 26 years of age or younger;

 

(14) early childhood mental health consultation;

 

(15) evidence-based interventions for youth at risk of developing or experiencing a first episode of psychosis, and a public awareness campaign on the signs and symptoms of psychosis;


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(16) psychiatric consultation for primary care practitioners; and

 

(17) providers to begin operations and meet program requirements when establishing a new children's mental health program.  These may be start-up grants.

 

(c) Services under paragraph (b) must be designed to help each child to function and remain with the child's family in the community and delivered consistent with the child's treatment plan.  Transition services to eligible young adults under this paragraph must be designed to foster independent living in the community.

 

(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party reimbursement sources, if applicable.

 

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

 

Sec. 6.  Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:

 

Subd. 2c.  Annual or annually; family child care training requirements.  For the purposes of section 245A.50, subdivisions 1 to 9 sections 245A.50 to 245A.53, "annual" or "annually" means the 12-month period beginning on the license effective date or the annual anniversary of the effective date and ending on the day prior to the annual anniversary of the license effective date.

 

EFFECTIVE DATE.  This section is effective September 30, 2020.

 

Sec. 7.  Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:

 

245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S OWN CHILD.

 

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, and with the license holder's consent, an individual may be present in the licensed space, may supervise the family child care license holder's own child both inside and outside of the licensed space, and is exempt from the training and supervision requirements of this chapter and Minnesota Rules, chapter 9502, if the individual:

 

(1) is related to the license holder or to the license holder's child, as defined in section 245A.02, subdivision 13, or is a household member who the license holder has reported to the county agency;

 

(2) is not a designated caregiver, helper, or substitute for the licensed program;

 

(3) is involved only in the care of the license holder's own child; and

 

(4) does not have direct, unsupervised contact with any nonrelative children receiving services.

 

(b) If the individual in paragraph (a) is not a household member, the individual is also exempt from background study requirements under chapter 245C.

 

EFFECTIVE DATE.  This section is effective September 30, 2020.

 

Sec. 8.  Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended to read:

 

Subd. 7.  In-service.  (a) A license holder must ensure that the center director, staff persons, substitutes, and unsupervised volunteers complete in-service training each calendar year.


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(b) The center director and staff persons who work more than 20 hours per week must complete 24 hours of in‑service training each calendar year.  Staff persons who work 20 hours or less per week must complete 12 hours of in-service training each calendar year.  Substitutes and unsupervised volunteers must complete the requirements of paragraphs (e) to (h) (d) to (g) and do not otherwise have a minimum number of hours of training to complete.

 

(c) The number of in-service training hours may be prorated for individuals not employed for an entire year.

 

(d) Each year, in-service training must include:

 

(1) the center's procedures for maintaining health and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according to Minnesota Rules, part 9503.0110;

 

(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part 9503.0130;

 

(3) at least one-half hour of training on the standards under section 245A.1435 and on reducing the risk of sudden unexpected infant death as required under subdivision 5, if applicable; and

 

(4) at least one-half hour of training on the risk of abusive head trauma from shaking infants and young children as required under subdivision 5a, if applicable.

 

(e) Each year, or when a change is made, whichever is more frequent, in-service training must be provided on:  (1) the center's risk reduction plan under section 245A.66, subdivision 2; and (2) a child's individual child care program plan as required under Minnesota Rules, part 9503.0065, subpart 3.

 

(f) At least once every two calendar years, the in-service training must include:

 

(1) child development and learning training under subdivision 2;

 

(2) pediatric first aid that meets the requirements of subdivision 3;

 

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of subdivision 4;

 

(4) cultural dynamics training to increase awareness of cultural differences; and

 

(5) disabilities training to increase awareness of differing abilities of children.

 

(g) At least once every five years, in-service training must include child passenger restraint training that meets the requirements of subdivision 6, if applicable.

 

(h) The remaining hours of the in-service training requirement must be met by completing training in the following content areas of the Minnesota Knowledge and Competency Framework:

 

(1) Content area I:  child development and learning;

 

(2) Content area II:  developmentally appropriate learning experiences;

 

(3) Content area III:  relationships with families;

 

(4) Content area IV:  assessment, evaluation, and individualization;

 

(5) Content area V:  historical and contemporary development of early childhood education;


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(6) Content area VI:  professionalism;

 

(7) Content area VII:  health, safety, and nutrition; and

 

(8) Content area VIII:  application through clinical experiences.

 

(i) For purposes of this subdivision, the following terms have the meanings given them.

 

(1) "Child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community.

 

(2) "Developmentally appropriate learning experiences" means creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, and promoting creative development.

 

(3) "Relationships with families" means training on building a positive, respectful relationship with the child's family.

 

(4) "Assessment, evaluation, and individualization" means training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality.

 

(5) "Historical and contemporary development of early childhood education" means training in past and current practices in early childhood education and how current events and issues affect children, families, and programs.

 

(6) "Professionalism" means training in knowledge, skills, and abilities that promote ongoing professional development.

 

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring safety, and providing healthy nutrition.

 

(8) "Application through clinical experiences" means clinical experiences in which a person applies effective teaching practices using a range of educational programming models.

 

(j) The license holder must ensure that documentation, as required in subdivision 10, includes the number of total training hours required to be completed, name of the training, the Minnesota Knowledge and Competency Framework content area, number of hours completed, and the director's approval of the training.

 

(k) In-service training completed by a staff person that is not specific to that child care center is transferable upon a staff person's change in employment to another child care program.

 

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

 

Sec. 9.  Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First Special Session chapter 9, article 2, section 53, is amended to read:

 

245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

 

Subdivision 1.  Initial training.  (a) License holders, adult caregivers, and substitutes must comply with the training requirements in this section.

 

(b) Helpers who assist with care on a regular basis must complete six hours of training within one year after the date of initial employment.


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(c) Training requirements established under this section that must be completed prior to initial licensure must be satisfied only by a newly licensed child care provider or by a child care provider who has not held an active child care license in Minnesota in the previous 12 months.  A child care provider who voluntarily cancels a license or allows the license to lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or canceled license within 12 months of the lapse or cancellation must satisfy the annual, ongoing training requirements, and is not required to satisfy the training requirements that must be completed prior to initial licensure.  A child care provider who relocates within the state must (1) satisfy the annual, ongoing training requirements according to the schedules established in this section and (2) not be required to satisfy the training requirements under this section that the child care provider completed prior to initial licensure.  If a licensed provider moves to a new county, the new county is prohibited from requiring the provider to complete any orientation class or training for new providers.

 

(d) Before an adult caregiver or substitute cares for a child or assists in the care of a child, the license holder must train the adult caregiver or substitute on:

 

(1) the emergency preparedness plan required under section 245A.51, subdivision 3; and

 

(2) allergy prevention and response required under section 245A.51, subdivision 1.

 

Subd. 1a.  Definitions and general provisions.  (a) For the purposes of this section, the following terms have the meanings given:

 

(1) "adult caregiver" means an adult other than the license holder who supervises children for a cumulative total of more than 500 hours annually;

 

(2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and

 

(3) "substitute" means an adult who assumes responsibility for a provider for a cumulative total of not more than 500 hours annually.

 

(b) Notwithstanding other requirements of this section, courses within the identified knowledge and competency areas that are specific to child care centers or legal nonlicensed providers do not fulfill the requirements of this section.

 

Subd. 2.  Child development and learning and behavior guidance training.  (a) For purposes of family and group family child care, the license holder and each adult caregiver who provides care in the licensed setting for more than 30 days in any 12-month period shall complete and document at least four hours of child growth and learning and behavior guidance training prior to initial licensure, and before caring for children.  For purposes of this subdivision, "child development and learning training" means training in understanding how children develop physically, cognitively, emotionally, and socially and learn as part of the children's family, culture, and community.  "Behavior guidance training" means training in the understanding of the functions of child behavior and strategies for managing challenging situations.  At least two hours of child development and learning or behavior guidance training must be repeated annually.  Training curriculum shall be developed or approved by the commissioner of human services.  This requirement must be met by completing one of the following:

 

(1) two hours in Knowledge and Competency Area I:  Child Development and Learning or Knowledge, and two hours in Knowledge and Competency Area II-C:  Promoting Social and Emotional Development; or

 

(2) four hours in Knowledge and Competency Area II-C; or

 

(3) one four-hour course in both Knowledge and Competency Area I and Knowledge and Competency Area II-C.

 

Training curriculum shall be developed or approved by the commissioner of human services.


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(b) Notwithstanding initial child development and learning and behavior guidance training requirements in paragraph (a), individuals are exempt from this requirement if they:

 

(1) have taken a three-credit course on early childhood development within the past five years;

 

(2) have received a baccalaureate or master's degree in early childhood education or school-age child care within the past five years;

 

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special education teacher, or an elementary teacher with a kindergarten endorsement; or

 

(4) have received a baccalaureate degree with a Montessori certificate within the past five years.

 

(c) The license holder and adult caregivers must annually take at least two hours of child development and learning or behavior guidance training.  This annual training must be fulfilled by completing any course in Knowledge and Competency Area I:  Child Development and Learning or Knowledge and Competency Area II-C:  Promoting Social and Emotional Development.  Training curriculum shall be developed or approved by the commissioner of human services.

 

(d) A three-credit course about early childhood development meets the requirements of paragraph (c).

 

Subd. 3.  First aid.  (a) When children are present in a family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present in the home who has been trained in first aid Before initial licensure and before caring for a child, license holders, adult caregivers, and substitutes must be trained in pediatric first aid.  The first aid training must have been provided by an individual approved to provide first aid instruction.  First aid training may be less than eight hours and persons qualified to provide first aid training include individuals approved as first aid instructors.  First aid training must be repeated License holders, adult caregivers, and substitutes must repeat pediatric first aid training every two years.

 

(b) A family child care provider is exempt from the first aid training requirements under this subdivision related to any substitute caregiver who provides less than 30 hours of care during any 12-month period.

 

(c) (b) Video training reviewed and approved by the county licensing agency satisfies the training requirement of this subdivision.

 

Subd. 4.  Cardiopulmonary resuscitation.  (a) When children are present in a family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one caregiver must be present in the home who has been trained in cardiopulmonary resuscitation (CPR) Before initial licensure and before caring for a child, license holders, adult caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and children, and in the treatment of obstructed airways.  The CPR training must have been provided by an individual approved to provide CPR instruction,.  License holders, adult caregivers, and substitutes must be repeated repeat pediatric CPR training at least once every two years, and it must be documented in the caregiver's license holder's records.

 

(b) A family child care provider is exempt from the CPR training requirement in this subdivision related to any substitute caregiver who provides less than 30 hours of care during any 12-month period.

 

(c) (b) Persons providing CPR training must use CPR training that has been developed:

 

(1) by the American Heart Association or the American Red Cross and incorporates psychomotor skills to support the instruction; or


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(2) using nationally recognized, evidence-based guidelines for CPR training and incorporates psychomotor skills to support the instruction.

 

Subd. 5.  Sudden unexpected infant death and abusive head trauma training.  (a) License holders must ensure and document that before staff persons the license holder, adult caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death.  In addition, license holders must ensure and document that before staff persons the license holder, adult caregivers, substitutes, and helpers assist in the care of infants and children under school age, they receive training on reducing the risk of abusive head trauma from shaking infants and young children.  The training in this subdivision may be provided as initial training under subdivision 1 or ongoing annual training under subdivision 7.

 

(b) Sudden unexpected infant death reduction training required under this subdivision must, at a minimum, address the risk factors related to sudden unexpected infant death, means of reducing the risk of sudden unexpected infant death in child care, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death.

 

(c) Abusive head trauma training required under this subdivision must, at a minimum, address the risk factors related to shaking infants and young children, means of reducing the risk of abusive head trauma in child care, and license holder communication with parents regarding reducing the risk of abusive head trauma.

 

(d) Training for family and group family child care providers must be developed by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved by the Minnesota Center for Professional Development.  Sudden unexpected infant death reduction training and abusive head trauma training may be provided in a single course of no more than two hours in length.

 

(e) Sudden unexpected infant death reduction training and abusive head trauma training required under this subdivision must be completed in person or as allowed under subdivision 10, clause (1) or (2), at least once every two years.  On the years when the license holder person receiving training is not receiving training in person or as allowed under subdivision 10, clause (1) or (2), the license holder person receiving training in accordance with this subdivision must receive sudden unexpected infant death reduction training and abusive head trauma training through a video of no more than one hour in length.  The video must be developed or approved by the commissioner.

 

(f) An individual who is related to the license holder as defined in section 245A.02, subdivision 13, and who is involved only in the care of the license holder's own infant or child under school age and who is not designated to be a an adult caregiver, helper, or substitute, as defined in Minnesota Rules, part 9502.0315, for the licensed program, is exempt from the sudden unexpected infant death and abusive head trauma training.

 

Subd. 6.  Child passenger restraint systems; training requirement.  (a) A license holder must comply with all seat belt and child passenger restraint system requirements under section 169.685.

 

(b) Family and group family child care programs licensed by the Department of Human Services that serve a child or children under nine years of age must document training that fulfills the requirements in this subdivision.

 

(1) Before a license holder, staff person, adult caregiver, substitute, or helper transports a child or children under age nine in a motor vehicle, the person placing the child or children in a passenger restraint must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles.  Training completed under this subdivision may be used to meet initial training under subdivision 1 or ongoing training under subdivision 7.


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(2) Training required under this subdivision must be at least one hour in length, completed at initial training, and repeated at least once every five years.  At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.

 

(3) Training under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety.  License holders may obtain a list of certified and approved trainers through the Department of Public Safety website or by contacting the agency.

 

(c) Child care providers that only transport school-age children as defined in section 245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, subdivision 1, paragraph (e), are exempt from this subdivision.

 

Subd. 7.  Training requirements for family and group family child care.  For purposes of family and group family child care, the license holder and each primary adult caregiver must complete 16 hours of ongoing training each year.  For purposes of this subdivision, a primary caregiver is an adult caregiver who provides services in the licensed setting for more than 30 days in any 12-month period.  Repeat of topical training requirements in subdivisions 2 to 8 shall count toward the annual 16-hour training requirement.  Additional ongoing training subjects to meet the annual 16-hour training requirement must be selected from the following areas:

 

(1) child development and learning training under subdivision 2, paragraph (a) in understanding how a child develops physically, cognitively, emotionally, and socially, and how a child learns as part of the child's family, culture, and community;

 

(2) developmentally appropriate learning experiences, including training in creating positive learning experiences, promoting cognitive development, promoting social and emotional development, promoting physical development, promoting creative development; and behavior guidance;

 

(3) relationships with families, including training in building a positive, respectful relationship with the child's family;

 

(4) assessment, evaluation, and individualization, including training in observing, recording, and assessing development; assessing and using information to plan; and assessing and using information to enhance and maintain program quality;

 

(5) historical and contemporary development of early childhood education, including training in past and current practices in early childhood education and how current events and issues affect children, families, and programs;

 

(6) professionalism, including training in knowledge, skills, and abilities that promote ongoing professional development; and

 

(7) health, safety, and nutrition, including training in establishing healthy practices; ensuring safety; and providing healthy nutrition.

 

Subd. 8.  Other required training requirements.  (a) The training required of family and group family child care providers and staff must include training in the cultural dynamics of early childhood development and child care.  The cultural dynamics and disabilities training and skills development of child care providers must be designed to achieve outcomes for providers of child care that include, but are not limited to:

 

(1) an understanding and support of the importance of culture and differences in ability in children's identity development;


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(2) understanding the importance of awareness of cultural differences and similarities in working with children and their families;

 

(3) understanding and support of the needs of families and children with differences in ability;

 

(4) developing skills to help children develop unbiased attitudes about cultural differences and differences in ability;

 

(5) developing skills in culturally appropriate caregiving; and

 

(6) developing skills in appropriate caregiving for children of different abilities.

 

The commissioner shall approve the curriculum for cultural dynamics and disability training.

 

(b) The provider must meet the training requirement in section 245A.14, subdivision 11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care or group family child care home to use the swimming pool located at the home.

 

Subd. 9.  Supervising for safety; training requirement.  (a) Courses required by this subdivision must include the following health and safety topics:

 

(1) preventing and controlling infectious diseases;

 

(2) administering medication;

 

(3) preventing and responding to allergies;

 

(4) ensuring building and physical premise safety;

 

(5) handling and storing biological contaminants;

 

(6) preventing and reporting child abuse and maltreatment; and

 

(7) emergency preparedness.

 

(a) (b) Before initial licensure and before caring for a child, all family child care license holders and each adult caregiver who provides care in the licensed family child care home for more than 30 days in any 12-month period shall complete and document the completion of the six-hour Supervising for Safety for Family Child Care course developed by the commissioner.

 

(c) The license holder must ensure and document that, before caring for a child, all substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course developed by the commissioner, which must include health and safety topics as well as child development and learning.

 

(b) (d) The family child care license holder and each adult caregiver who provides care in the licensed family child care home for more than 30 days in any 12-month period shall complete and document:

 

(1) the annual completion of a two-hour active supervision course developed by the commissioner, which may be fulfilled by completing any course in Knowledge and Competency Area VII-A:  Establishing Healthy Practices or Knowledge and Competency area VII-B:  Ensuring Safety, that is not otherwise required in this section; and


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(2) the completion at least once every five years of the two-hour courses Health and Safety I and Health and Safety II.  A license holder's or adult caregiver's completion of either training in a given year meets the annual active supervision training requirement in clause (1).

 

(e) At least once every three years, license holders must ensure and document that substitutes have completed the four-hour Basics of Licensed Family Child Care for Substitutes course.

 

Subd. 10.  Approved training.  County licensing staff must accept training approved by the Minnesota Center for Professional Development, including:

 

(1) face-to-face or classroom training;

 

(2) online training; and

 

(3) relationship-based professional development, such as mentoring, coaching, and consulting.

 

Subd. 11.  Provider training.  New and increased training requirements under this section must not be imposed on providers until the commissioner establishes statewide accessibility to the required provider training.

 

EFFECTIVE DATE.  This section is effective September 30, 2020.

 

Sec. 10.  Minnesota Statutes 2018, section 245C.02, subdivision 5, is amended to read:

 

Subd. 5.  Background study.  "Background study" means the review of records conducted by the commissioner to determine whether a subject is disqualified from direct contact with persons served by a program and, where specifically provided in statutes, whether a subject is disqualified from having access to persons served by a program and from working in a children's residential facility or foster residence setting.

 

Sec. 11.  Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to read:

 

Subd. 11a.  Foster family setting.  "Foster family setting" has the meaning given in Minnesota Rules, chapter 2960.3010, subpart 23.

 

Sec. 12.  Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to read:

 

Subd. 11b.  Foster residence setting.  "Foster residence setting" has the meaning given in Minnesota Rules, chapter 2960.3010, subpart 26, and includes settings licensed by the commissioner of corrections or the commissioner of human services.

 

Sec. 13.  Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to read:

 

Subd. 21.  Title IV-E eligible.  "Title IV-E eligible" means a children's residential facility or foster residence setting that is designated by the commissioner as eligible to receive Title IV-E payments for a child placed at the children's residential facility or foster residence setting.

 

Sec. 14.  Minnesota Statutes 2019 Supplement, section 245C.03, subdivision 1, is amended to read:

 

Subdivision 1.  Licensed programs.  (a) The commissioner shall conduct a background study on:

 

(1) the person or persons applying for a license;

 

(2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the program;


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(3) current or prospective employees or contractors of the applicant who will have direct contact with persons served by the facility, agency, or program;

 

(4) volunteers or student volunteers who will have direct contact with persons served by the program to provide program services if the contact is not under the continuous, direct supervision by an individual listed in clause (1) or (3);

 

(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;

 

(6) an individual who, without providing direct contact services at a licensed program, may have unsupervised access to children or vulnerable adults receiving services from a program, when the commissioner has reasonable cause as defined in section 245C.02, subdivision 15;

 

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

 

(8) notwithstanding the other requirements in this subdivision, child care background study subjects as defined in section 245C.02, subdivision 6a; and

 

(9) notwithstanding clause (3), for children's residential facilities and foster residence settings, any adult working in the facility, whether or not the individual will have direct contact with persons served by the facility.

 

(b) For child foster care when the license holder resides in the home where foster care services are provided, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.

 

Sec. 15.  Minnesota Statutes 2018, section 245C.04, subdivision 1, is amended to read:

 

Subdivision 1.  Licensed programs; other child care programs.  (a) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, at least upon application for initial license for all license types.

 

(b) The commissioner shall conduct a background study of an individual required to be studied under section 245C.03, subdivision 1, including a child care background study subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed child care center, certified license-exempt child care center, or legal nonlicensed child care provider, on a schedule determined by the commissioner.  Except as provided in section 245C.05, subdivision 5a, a child care background study must include submission of fingerprints for a national criminal history record check and a review of the information under section 245C.08.  A background study for a child care program must be repeated within five years from the most recent study conducted under this paragraph.

 

(c) At reapplication for a family child care license:

 

(1) for a background study affiliated with a licensed family child care center or legal nonlicensed child care provider, the individual shall provide information required under section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed under section 245C.05, subdivision 5;

 

(2) the county agency shall verify the information received under clause (1) and forward the information to the commissioner to complete the background study; and

 

(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08.


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(d) The commissioner is not required to conduct a study of an individual at the time of reapplication for a license if the individual's background study was completed by the commissioner of human services and the following conditions are met:

 

(1) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder;

 

(2) the individual has been continuously affiliated with the license holder since the last study was conducted; and

 

(3) the last study of the individual was conducted on or after October 1, 1995.

 

(e) The commissioner of human services shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with a child foster care family setting license holder:

 

(1) the county or private agency shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5, when the child foster care family setting applicant or license holder resides in the home where child foster care services are provided; and

 

(2) the child foster care license holder or applicant shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1 and 5, when the applicant or license holder does not reside in the home where child foster care services are provided; and

 

(3) (2) the background study conducted by the commissioner of human services under this paragraph must include a review of the information required under section 245C.08, subdivisions 1, 3, and 4.

 

(f) The commissioner shall conduct a background study of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated with an adult foster care or family adult day services and with a family child care license holder or a legal nonlicensed child care provider authorized under chapter 119B and:

 

(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and forward to the commissioner the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a), (b), and (d), for background studies conducted by the commissioner for all family adult day services, for adult foster care when the adult foster care license holder resides in the adult foster care residence, and for family child care and legal nonlicensed child care authorized under chapter 119B;

 

(2) the license holder shall collect and forward to the commissioner the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for adult foster care when the license holder does not reside in the adult foster care residence; and

 

(3) the background study conducted by the commissioner under this paragraph must include a review of the information required under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.

 

(g) Applicants for licensure, license holders, and other entities as provided in this chapter must submit completed background study requests to the commissioner using the electronic system known as NETStudy before individuals specified in section 245C.03, subdivision 1, begin positions allowing direct contact in any licensed program.

 

(h) For an individual who is not on the entity's active roster, the entity must initiate a new background study through NETStudy when:

 

(1) an individual returns to a position requiring a background study following an absence of 120 or more consecutive days; or


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(2) a program that discontinued providing licensed direct contact services for 120 or more consecutive days begins to provide direct contact licensed services again.

 

The license holder shall maintain a copy of the notification provided to the commissioner under this paragraph in the program's files.  If the individual's disqualification was previously set aside for the license holder's program and the new background study results in no new information that indicates the individual may pose a risk of harm to persons receiving services from the license holder, the previous set-aside shall remain in effect.

 

(i) For purposes of this section, a physician licensed under chapter 147 is considered to be continuously affiliated upon the license holder's receipt from the commissioner of health or human services of the physician's background study results.

 

(j) For purposes of family child care, a substitute caregiver must receive repeat background studies at the time of each license renewal.

 

(k) A repeat background study at the time of license renewal is not required if the family child care substitute caregiver's background study was completed by the commissioner on or after October 1, 2017, and the substitute caregiver is on the license holder's active roster in NETStudy 2.0.

 

(l) Before and after school programs authorized under chapter 119B, are exempt from the background study requirements under section 123B.03, for an employee for whom a background study under this chapter has been completed.

 

Sec. 16.  Minnesota Statutes 2018, section 245C.04, is amended by adding a subdivision to read:

 

Subd. 11.  Children's residential facilities and foster residence settings.  Applicants and license holders for children's residential facilities and foster residence settings must submit a background study request to the commissioner using the electronic system known as NETStudy 2.0:

 

(1) before the commissioner issues a license to an applicant;

 

(2) before an individual age 13 or older, who is not currently receiving services from the licensed facility or setting, may live in the licensed program or setting;

 

(3) before a volunteer has unsupervised direct contact with persons that the program serves;

 

(4) before an individual becomes a controlling individual as defined in section 245A.02, subdivision 5a;

 

(5) before an adult, regardless of whether or not the individual will have direct contact with persons served by the facility, begins working in the facility or setting;

 

(6) when directed to by the commissioner for an individual who resides in the household as described in section 245C.03, subdivision 1, paragraph (a), clause (5); and

 

(7) when directed to by the commissioner for an individual who may have unsupervised access to children or vulnerable adults as described in section 245C.03, subdivision 1, paragraph (a), clause (6).

 

Sec. 17.  Minnesota Statutes 2019 Supplement, section 245C.05, subdivision 4, is amended to read:

 

Subd. 4.  Electronic transmission.  (a) For background studies conducted by the Department of Human Services, the commissioner shall implement a secure system for the electronic transmission of:


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(1) background study information to the commissioner;

 

(2) background study results to the license holder;

 

(3) background study results to county and private agencies counties for background studies conducted by the commissioner for child foster care; and

 

(4) background study results to county agencies for background studies conducted by the commissioner for adult foster care and family adult day services and, upon implementation of NETStudy 2.0, family child care and legal nonlicensed child care authorized under chapter 119B.

 

(b) Unless the commissioner has granted a hardship variance under paragraph (c), a license holder or an applicant must use the electronic transmission system known as NETStudy or NETStudy 2.0 to submit all requests for background studies to the commissioner as required by this chapter.

 

(c) A license holder or applicant whose program is located in an area in which high-speed Internet is inaccessible may request the commissioner to grant a variance to the electronic transmission requirement.

 

(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under this subdivision.

 

Sec. 18.  Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 1, is amended to read:

 

Subdivision 1.  Background studies conducted by Department of Human Services.  (a) For a background study conducted by the Department of Human Services, the commissioner shall review:

 

(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);

 

(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;

 

(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

 

(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;

 

(5) except as provided in clause (6), information received as a result of submission of fingerprints for a national criminal history record check, as defined in section 245C.02, subdivision 13c, when the commissioner has reasonable cause for a national criminal history record check as defined under section 245C.02, subdivision 15a, or as required under section 144.057, subdivision 1, clause (2);

 

(6) for a background study related to a child foster care family setting application for licensure, foster residence settings, children's residential facilities, a transfer of permanent legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a background study required for family child care, certified license‑exempt child care, child care centers, and legal nonlicensed child care authorized under chapter 119B, the commissioner shall also review:

 

(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years;


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(ii) when the background study subject is 18 years of age or older, or a minor under section 245C.05, subdivision 5a, paragraph (c), information received following submission of fingerprints for a national criminal history record check; and

 

(iii) when the background study subject is 18 years of age or older or a minor under section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified license-exempt child care, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, information obtained using non-fingerprint-based data including information from the criminal and sex offender registries for any state in which the background study subject resided for the past five years and information from the national crime information database and the national sex offender registry; and

 

(7) for a background study required for family child care, certified license-exempt child care centers, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, the background study shall also include, to the extent practicable, a name and date-of-birth search of the National Sex Offender Public website.

 

(b) Notwithstanding expungement by a court, the commissioner may consider information obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner.

 

(c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study.

 

(d) When the commissioner has reasonable cause to believe that the identity of a background study subject is uncertain, the commissioner may require the subject to provide a set of classifiable fingerprints for purposes of completing a fingerprint-based record check with the Bureau of Criminal Apprehension.  Fingerprints collected under this paragraph shall not be saved by the commissioner after they have been used to verify the identity of the background study subject against the particular criminal record in question.

 

(e) The commissioner may inform the entity that initiated a background study under NETStudy 2.0 of the status of processing of the subject's fingerprints.

 

Sec. 19.  Minnesota Statutes 2019 Supplement, section 245C.13, subdivision 2, is amended to read:

 

Subd. 2.  Direct contact Activities pending completion of background study.  The subject of a background study may not perform any activity requiring a background study under paragraph (c) until the commissioner has issued one of the notices under paragraph (a).

 

(a) Notices from the commissioner required prior to activity under paragraph (b) (c) include:

 

(1) a notice of the study results under section 245C.17 stating that:

 

(i) the individual is not disqualified; or

 

(ii) more time is needed to complete the study but the individual is not required to be removed from direct contact or access to people receiving services prior to completion of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c).  The notice that more time is needed to complete the study must also indicate whether the individual is required to be under continuous direct super