1.1.................... moves to amend H.F. No. 3787 as follows:
1.2Page 2, after line 7, insert:

1.3    "Sec. .... [CORR10-01] Laws 2010, chapter 189, section 21, subdivision 4, is amended
1.4to read:

1.5

Subd. 4.Redevelopment Account

5,000,000

1.6For purposes of the redevelopment account
1.7under Minnesota Statutes, sections 116J.571
1.8to 116J.575.
1.9$2,000,000 is for a grant to the city of Lake
1.10Elmo. $1,000,000 must be used to design
1.11and construct an expansion of the city's water
1.12pumping, storage, and distribution system
1.13to provide approximately 1,000 additional
1.14service hookups and replace a city well lost
1.15to contamination by perfluorochemicals
1.16(PFC's). $1,000,000 must be used to
1.17design and construct the extension of a
1.1816-inch sanitary sewer force main from
1.19the Metropolitan Council interceptor on
1.20Interstate Highway 94 to 30th Street to the
1.21proposed southern edge of the Lake Elmo
1.22Village area. This appropriation is not
1.23available until the council commissioner has
1.24determined that at least an equal amount has
1.25been committed to the project from nonstate
1.26sources.
2.1Notwithstanding Minnesota Statutes,
2.2section 16A.642, grant number
2.3RDGP-06-0007-0-FY07, awarded in
2.4September 2006 to the city of Tower from an
2.5appropriation to the redevelopment account
2.6in Laws 2005, chapter 20, article 1, section
2.723, subdivision 11, is available until June
2.830, 2013.

2.9    Sec. .... [CORR10-03] Minnesota Statutes 2008, section 160.21, subdivision 6, as
2.10added by Laws 2010, chapter 279, section 1, is amended to read:
2.11    Subd. 6. Uncompleted subdivisions. (a) A road authority, including a statutory or
2.12home rule charter city, may remove snow from unopened or private roads in uncompleted
2.13subdivisions containing five or more lots, upon adoption of an annual resolution finding
2.14that the subdivision developer, due to general insolvency or pending foreclosure, is unable
2.15to maintain the roads and that public safety may be jeopardized if the access of school
2.16buses, public works vehicles, or authorized emergency vehicles, as defined in section
2.17169.011, subdivision 3 , is obstructed. Snow removal activities are limited to streets
2.18reasonably necessary for access by these buses or vehicles.
2.19(b) Snow removal under this subdivision does not constitute:
2.20(1) acceptance of the road from the developer by the road authority for public use;
2.21(2) the opening of the road to public use; nor
2.22(3) a use, repair, or maintenance of the road sufficient for the purposes of dedication
2.23of roads under section 160.05.
2.24(c) The road authority may impose a reasonable and proportionate charge on all
2.25properties within the subdivision for services provided under this subdivision. These
2.26charges, if unpaid, may constitute a lien upon the properties within the subdivision and may
2.27be collected as a special assessment as provided by section 492.101 429.101 or by charter.
2.28(d) Where a road has been maintained pursuant to this subdivision, the road authority
2.29with jurisdiction over the road, and its officers and employees, are exempt from liability
2.30for any tort claim for injury to person or property arising from plowing, maintaining,
2.31or otherwise working on the road and from traveling on the road and related to its
2.32maintenance or condition. This paragraph does not apply to a claim for injury that is
2.33affirmatively caused by a negligent act of the road authority or its officers and employees.
2.34(e) This subdivision expires May 2, 2013.

3.1    Sec. .... [CORR10-04] Minnesota Statutes 2008, section 118A.05, subdivision 3, as
3.2amended by Laws 2010, chapter 234, section 1, is amended to read:
3.3    Subd. 3. Securities lending agreements. Securities lending agreements, including
3.4custody agreements, may be entered into with a financial institution meeting the
3.5qualifications of subdivision 2, clause (1) or (2), and having a bank an office located in
3.6Minnesota. Securities lending transactions may be entered into with entities meeting the
3.7qualifications of subdivision 2 and the collateral for such transactions shall be restricted to
3.8the securities described in this section and section 118A.04.

3.9    Sec. .... [CORR10-05] Minnesota Statutes 2008, section 332.70, subdivision 3, as
3.10amended by Laws 2010, chapter 240, section 3, is amended to read:
3.11    Subd. 3. Correction and deletion of records. (a) If the completeness or accuracy
3.12of a criminal record maintained by a business screening service is disputed by the
3.13individual who is the subject of the record, the screening service shall, without charge,
3.14investigate the disputed record. In conducting an investigation, the business screening
3.15service shall review and consider all relevant information submitted by the subject of the
3.16record with respect to the disputed record to determine whether the record maintained by
3.17the screening service accurately reflects the content of the official record, as maintained by
3.18the official government custodian.
3.19    (b) If, upon investigation, the screening service determines that the record does not
3.20accurately reflect the content of the official record, the screening service shall correct the
3.21disputed record so as to accurately reflect the content of the official record. If the disputed
3.22record is found to be sealed, expunged, or the subject of a pardon, the business screening
3.23service shall promptly delete the record. A business screening service that complies with
3.24this subdivision is not in violation of this section.
3.25    (c) A business screening service may terminate an investigation of a disputed record
3.26if the business screening agency reasonably determines that the dispute is frivolous, which
3.27may be based on the failure of the subject of the record to provide sufficient information to
3.28investigate the disputed record. Upon making a determination that the dispute is frivolous,
3.29the business screening service shall inform the subject of the record of the specific reasons
3.30why it has determined that the dispute is frivolous and provide a description of any
3.31information required to investigate the disputed record.
3.32    (d) The business screening service shall notify the subject of the disputed record
3.33of the correction or deletion of the record or of the termination or completion of the
3.34investigation related to the record within 30 days of the date when the agency receives
3.35notice of the dispute from the subject of the record.

4.1    Sec. .... [CORR10-06] 2010 S.F No. 2510, article 3, section 76, if enacted, is amended
4.2to read:

4.3    Sec. 76. EFFECTIVE DATE.
4.4Sections 3 to 10,; 12 to 17, and;19 to 28; 29, subdivisions 1 to 5; and 30 to 56
4.5are effective January 1, 2012. Section 29, subdivision 6, is effective the day following
4.6final enactment.

4.7    Sec. .... [CORR10-07] Minnesota Statutes 2008, section 253B.185, subdivision 1, as
4.8amended by Laws 2010, chapter 300, section 26, is amended to read:
4.9    Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
4.10section, the provisions of this chapter pertaining to persons who are mentally ill and
4.11dangerous to the public apply with like force and effect to persons who are alleged or
4.12found to be sexually dangerous persons or persons with a sexual psychopathic personality.
4.13For purposes of this section, "sexual psychopathic personality" includes any individual
4.14committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
4.15(b) Before commitment proceedings are instituted, the facts shall first be submitted
4.16to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
4.17The county attorney may request a prepetition screening report. The petition is to be
4.18executed by a person having knowledge of the facts and filed with the committing court
4.19of the county in which the patient has a settlement or is present. If the patient is in the
4.20custody of the commissioner of corrections, the petition may be filed in the county where
4.21the conviction for which the person is incarcerated was entered.
4.22(c) Upon the filing of a petition alleging that a proposed patient is a sexually
4.23dangerous person or is a person with a sexual psychopathic personality, the court shall
4.24hear the petition as provided in section 253B.18.
4.25(d) In commitments under this section, the court shall commit the patient to a secure
4.26treatment facility unless the patient establishes by clear and convincing evidence that a
4.27less restrictive treatment program is available that is consistent with the patient's treatment
4.28needs and the requirements of public safety.
4.29(e) After a final determination that a patient is a sexually dangerous person or sexual
4.30psychopathic personality, the court shall order commitment for an indeterminate period of
4.31time and the patient shall be transferred, provisionally discharged, or discharged, only as
4.32provided in this section.

4.33    Sec. .... [CORR10-08] Minnesota Statutes 2009 Supplement, section 549.09,
4.34subdivision 1, as amended by Laws 2010, chapter 249, section 1, is amended to read:
5.1    Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
5.2of money, including a judgment for the recovery of taxes, interest from the time of
5.3the verdict, award, or report until judgment is finally entered shall be computed by the
5.4court administrator or arbitrator as provided in paragraph (c) and added to the judgment
5.5or award.
5.6(b) Except as otherwise provided by contract or allowed by law, preverdict,
5.7preaward, or prereport interest on pecuniary damages shall be computed as provided
5.8in paragraph (c) from the time of the commencement of the action or a demand for
5.9arbitration, or the time of a written notice of claim, whichever occurs first, except as
5.10provided herein. The action must be commenced within two years of a written notice of
5.11claim for interest to begin to accrue from the time of the notice of claim. If either party
5.12serves a written offer of settlement, the other party may serve a written acceptance or a
5.13written counteroffer within 30 days. After that time, interest on the judgment or award
5.14shall be calculated by the judge or arbitrator in the following manner. The prevailing
5.15party shall receive interest on any judgment or award from the time of commencement
5.16of the action or a demand for arbitration, or the time of a written notice of claim, or as
5.17to special damages from the time when special damages were incurred, if later, until the
5.18time of verdict, award, or report only if the amount of its offer is closer to the judgment or
5.19award than the amount of the opposing party's offer. If the amount of the losing party's
5.20offer was closer to the judgment or award than the prevailing party's offer, the prevailing
5.21party shall receive interest only on the amount of the settlement offer or the judgment or
5.22award, whichever is less, and only from the time of commencement of the action or a
5.23demand for arbitration, or the time of a written notice of claim, or as to special damages
5.24from when the special damages were incurred, if later, until the time the settlement offer
5.25was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
5.26and counteroffers. For the purposes of clause (2), the amount of settlement offer must
5.27be allocated between past and future damages in the same proportion as determined by
5.28the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
5.29preaward, or prereport interest shall not be awarded on the following:
5.30(1) judgments, awards, or benefits in workers' compensation cases, but not including
5.31third-party actions;
5.32(2) judgments or awards for future damages;
5.33(3) punitive damages, fines, or other damages that are noncompensatory in nature;
5.34(4) judgments or awards not in excess of the amount specified in section 491A.01;
5.35and
6.1(5) that portion of any verdict, award, or report which is founded upon interest, or
6.2costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
6.3(c)(1) For a judgment or award of $50,000 or less or a judgment or award for
6.4or against the state or a political subdivision of the state, regardless of the amount, the
6.5interest shall be computed as simple interest per annum. The rate of interest shall be based
6.6on the secondary market yield of one year United States Treasury bills, calculated on a
6.7bank discount basis as provided in this section.
6.8On or before the 20th day of December of each year the state court administrator
6.9shall determine the rate from the one-year constant maturity treasury yield for the most
6.10recent calendar month, reported on a monthly basis in the latest statistical release of the
6.11board of governors of the Federal Reserve System. This yield, rounded to the nearest one
6.12percent, or four percent, whichever is greater, shall be the annual interest rate during the
6.13succeeding calendar year. The state court administrator shall communicate the interest
6.14rates to the court administrators and sheriffs for use in computing the interest on verdicts
6.15and shall make the interest rates available to arbitrators.
6.16This clause applies to any section that references section 549.09 by citation for
6.17the purposes of computing an interest rate on any amount owed to or by the state or a
6.18political subdivision of the state, regardless of if the amount is greater than or less than
6.19$50,000 the amount.
6.20(2) For a judgment or award over $50,000, other than a judgment or award for or
6.21against the state or a political subdivision of the state, the interest rate shall be ten percent
6.22per year until paid.
6.23(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
6.24received a payment after entry of judgment, whether the payment is made voluntarily by
6.25or on behalf of the judgment debtor, or is collected by legal process other than execution
6.26levy where a proper return has been filed with the court administrator, the judgment
6.27creditor, or the judgment creditor's attorney, before applying to the court administrator
6.28for an execution shall file with the court administrator an affidavit of partial satisfaction.
6.29The affidavit must state the dates and amounts of payments made upon the judgment after
6.30the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
6.31is applied to taxable disbursements and to accrued interest and to the unpaid principal
6.32balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
6.33application of each payment.
6.34(d) This section does not apply to arbitrations between employers and employees
6.35under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
6.36awarding interest under chapter 179 or under section 179A.16 for essential employees.
7.1(e) For purposes of this subdivision:
7.2(1) "state" includes a department, board, agency, commission, court, or other entity
7.3in the executive, legislative, or judicial branch of the state; and
7.4(2) "political subdivision" includes a town, statutory or home rule charter city,
7.5county, school district, or any other political subdivision of the state.

7.6    Sec. .... [CORR10-09A] EMERALD ASH BORER FUNDS.
7.7All funds appropriated in Laws 2009, chapter 172, for Emerald Ash Borer must be
7.8in accordance with the same criteria for all other projects funded in article 1 of that law.

7.9    Sec. .... [CORR10-09B] Laws 2009, chapter 172, article 1, section 2, subdivision 5,
7.10is amended to read:

7.11

Subd. 5.Fish, Game, and Wildlife Habitat

13,903,000

-0-

7.12 7.13

(a) Outdoor Heritage Conservation Partners Grant Program

7.14$4,000,000 in fiscal year 2010 is to the
7.15commissioner of natural resources for a pilot
7.16program to provide competitive, matching
7.17grants of up to $400,000 to local, regional,
7.18state, and national organizations, including
7.19government, for enhancement, restoration,
7.20or protection of forests, wetlands, prairies,
7.21and habitat for fish, game, or wildlife in
7.22Minnesota. Up to 6-1/2 percent of this
7.23appropriation may be used for administering
7.24the grant. The funds may be advanced in
7.25three equal sums, on or after November
7.261, 2009, February 1, 2010, and April 1,
7.272010. Grantees may protect land through
7.28acquisition of land or interests in land.
7.29Easements must be permanent. Land
7.30acquired in fee must be open to hunting
7.31and fishing during the open season unless
7.32otherwise provided by state law. The
7.33commissioner of natural resources must
7.34agree to each proposed acquisition of land
8.1or interest in land. The program shall
8.2require a match of at least $1 nonstate funds
8.3to $10 state funds. The nonstate dollars
8.4match may be in-kind. The criteria for
8.5evaluating grant applications must include
8.6amount of habitat restored, enhanced,
8.7or protected; local support; degree of
8.8collaboration; urgency; multiple benefits;
8.9habitat benefits provided; consistency with
8.10sound conservation science; adjacency to
8.11protected lands; full funding of the project;
8.12supplementing existing funding; public
8.13access for hunting and fishing during the
8.14open season; sustainability; and use of native
8.15plant materials. All projects must conform
8.16to the Minnesota statewide conservation and
8.17preservation plan. Wildlife habitat projects
8.18must also conform to the state wildlife action
8.19plan. Priority may be given to projects
8.20acquiring land or easements associated
8.21with existing wildlife management areas.
8.22All restoration or enhancement projects
8.23must be on land permanently protected by
8.24conservation easement or public ownership.
8.25To the extent possible, a person conducting
8.26prairie restorations with money appropriated
8.27in this section must plant vegetation or sow
8.28seed only of ecotypes native to Minnesota,
8.29and preferably of the local ecotype, using a
8.30high diversity of species originating from as
8.31close to the restoration site as possible, and
8.32protect existing native prairies from genetic
8.33contamination. Subdivision 10 applies to
8.34grants awarded under this paragraph. This
8.35appropriation is available until June 30,
8.362013, at which time all grant projects must
9.1be completed and final products delivered,
9.2unless an earlier date is specified in the grant
9.3agreement. No less than 15 percent of the
9.4amount of each grant must be held back from
9.5reimbursement until the grant recipient has
9.6completed a grant accomplishment report in
9.7the form prescribed by and satisfactory to the
9.8Lessard Outdoor Heritage Council.
9.9As a condition of proceeding with this
9.10appropriation, the commissioner shall report
9.11on the feasibility, process, and timeline for
9.12creation of a Minnesota fish and wildlife
9.13foundation, to be modeled after the National
9.14Fish and Wildlife Foundation, and on the
9.15possibility of allowing for the administration
9.16by this entity of the conservation partners
9.17grant program.
9.18The legislative guide created in this act
9.19shall consider whether this program should
9.20be administered by the National Fish and
9.21Wildlife Foundation, the commissioner of
9.22natural resources, or some neutral third party.

9.23

(b) Aquatic Management Area Acquisition

9.24$5,748,000 in fiscal year 2010 is to the
9.25commissioner of natural resources to acquire
9.26land in fee title and easement to be added to
9.27the state aquatic management area system.
9.28Acquired land must remain open to hunting
9.29and fishing, consistent with the capacity
9.30of the land, during the open season, as
9.31determined by the commissioner of natural
9.32resources. A list of proposed fee title and
9.33easement acquisitions must be provided as
9.34part of the required accomplishment plan.

10.1 10.2

(c) Cold Water River and Stream Restoration, Protection, and Enhancement

10.3$2,050,000 in fiscal year 2010 is to the
10.4commissioner of natural resources for an
10.5agreement with Trout Unlimited or successor
10.6to restore, enhance, and protect cold water
10.7river and stream habitats in Minnesota. A
10.8list of proposed acquisitions and a list of
10.9proposed projects, describing the types and
10.10locations of restorations and enhancements,
10.11must be provided as part of the required
10.12accomplishment plan. The commissioner
10.13of natural resources must agree to each
10.14proposed acquisition, restoration, and
10.15enhancement.

10.16

(d) Dakota County Habitat Protection

10.17$1,000,000 in fiscal year 2010 is to the
10.18commissioner of natural resources for
10.19an agreement with Dakota County for
10.20acquisition of permanent easements. A list
10.21of proposed acquisitions must be provided as
10.22part of the required accomplishment plan.

10.23 10.24

(e) Lake Rebecca Water Quality Improvement Project

10.25$450,000 in fiscal year 2010 is to the
10.26commissioner of natural resources for an
10.27agreement with the Three Rivers Park
10.28District to improve the water quality in Lake
10.29Rebecca in Lake Rebecca Park Reserve
10.30in Hennepin County. A description of the
10.31activities to enhance fish habitat in Lake
10.32Rebecca must be provided as part of the
10.33required accomplishment plan.

10.34

(f) Fountain Lake Fish Barriers

11.1$655,000 in fiscal year 2010 is to the
11.2commissioner of natural resources for
11.3an agreement with the Shell Rock River
11.4Watershed District to construct fish barriers
11.5at three locations on Fountain Lake. Land
11.6acquisition necessary for fish barrier
11.7construction is permitted. A list of proposed
11.8projects, describing the types and locations
11.9of barriers, must be provided as part of
11.10the required accomplishment plan. The
11.11commissioner of natural resources must
11.12agree to each proposed barrier.

11.13    Sec. .... [CORR10-10] Minnesota Statutes 2008, section 171.30, subdivision 1, as
11.14amended by 2010 H.F. No. 3106, section 11, if enacted, is amended to read:
11.15    Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
11.16license to the driver under the conditions in paragraph (b) in any case where a person's
11.17license has been:
11.18(1) suspended under section 171.18, 171.173, or 171.186;
11.19(2) revoked, canceled, or denied under section:
11.20(i) 169.792;
11.21(ii) 169.797;
11.22(iii) 169A.52,:
11.23(A) subdivision 3, paragraph (a), clause (1), or (2),;
11.24(B) subdivision 3, paragraph (a), clause (4), (5), or (6), or if in compliance with
11.25section 171.306;
11.26(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
11.27alcohol concentration of less than twice the legal limit, (2) if the test results indicate an
11.28alcohol concentration of less than twice the legal limit,;
11.29(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
11.30171.306;
11.31(iv) 171.17; or
11.32(v) 171.172; or
11.33(3) revoked, canceled, or denied under section 169A.54,:
11.34(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
11.35of less than twice the legal limit;
12.1(ii) subdivision 1, clause (2),;
12.2(iii) subdivision 1, clause (4), (5), or (6), if in compliance with section 171.306; or
12.3(iv) subdivision 2, if the person does not have a qualified prior impaired driving
12.4incident as defined in section 169A.03, subdivision 22, on the person's record, the
12.5commissioner may issue a limited license to the driver including under the following
12.6conditions: and the test results indicate an alcohol concentration of less than twice the
12.7legal limit.
12.8(b) The following conditions for a limited license under paragraph (a) include:
12.9(1) if the driver's livelihood or attendance at a chemical dependency treatment or
12.10counseling program depends upon the use of the driver's license;
12.11(2) if the use of a driver's license by a homemaker is necessary to prevent the
12.12substantial disruption of the education, medical, or nutritional needs of the family of
12.13the homemaker; or
12.14(3) if attendance at a postsecondary institution of education by an enrolled student of
12.15that institution depends upon the use of the driver's license.
12.16(b (c)) The commissioner in issuing a limited license may impose such conditions
12.17and limitations as in the commissioner's judgment are necessary to the interests of the
12.18public safety and welfare including reexamination as to the driver's qualifications. The
12.19license may be limited to the operation of particular vehicles, to particular classes and times
12.20of operation, and to particular conditions of traffic. The commissioner may require that an
12.21applicant for a limited license affirmatively demonstrate that use of public transportation
12.22or carpooling as an alternative to a limited license would be a significant hardship.
12.23(c) (d) For purposes of this subdivision: (1) "homemaker" refers to the person
12.24primarily performing the domestic tasks in a household of residents consisting of at least
12.25the person and the person's dependent child or other dependents; and (2) "twice the legal
12.26limit" means an alcohol concentration of two times the limit specified in section 169A.20,
12.27subdivision 1 , clause (5).
12.28(d) (e) The limited license issued by the commissioner shall clearly indicate the
12.29limitations imposed and the driver operating under the limited license shall have the
12.30license in possession at all times when operating as a driver.
12.31(e) (f) In determining whether to issue a limited license, the commissioner shall
12.32consider the number and the seriousness of prior convictions and the entire driving record
12.33of the driver and shall consider the number of miles driven by the driver annually.
12.34(f) (g) If the person's driver's license or permit to drive has been revoked under
12.35section 169.792 or 169.797, the commissioner may only issue a limited license to the
12.36person after the person has presented an insurance identification card, policy, or written
13.1statement indicating that the driver or owner has insurance coverage satisfactory to
13.2the commissioner of public safety. The commissioner of public safety may require
13.3the insurance identification card provided to satisfy this subdivision be certified by the
13.4insurance company to be noncancelable for a period not to exceed 12 months.
13.5(g) (h) The limited license issued by the commissioner to a person under section
13.6171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner
13.7must not issue a limited license to a person who previously has been issued a limited
13.8license under section 171.186, subdivision 4.
13.9(h) (i) The commissioner shall not issue a limited driver's license to any person
13.10described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
13.11(i) (j) The commissioner shall not issue a class A, class B, or class C limited license.

13.12    Sec. .... [CORR10-11] Minnesota Statutes 2009 Supplement, section 16C.16,
13.13subdivision 6a, as amended by Laws 2010, chapter 333, article 2, section 3, is amended to
13.14read:
13.15    Subd. 6a. Veteran-owned small businesses. (a) Except when mandated by the
13.16federal government as a condition of receiving federal funds, the commissioner shall
13.17award up to a six percent preference, but no less than the percentage awarded to any
13.18other group under this section, in the amount bid on state procurement to certified small
13.19businesses that are majority-owned and operated by:
13.20(1) recently separated veterans who have served in active military service, at any
13.21time on or after September 11, 2001, and who have been discharged under honorable
13.22conditions from active service, as indicated by the person's United States Department of
13.23Defense form DD-214 or by the commissioner of veterans affairs;
13.24(2) veterans with service-connected disabilities, as determined at any time by the
13.25United States Department of Veterans Affairs; or
13.26(3) any other veteran-owned small businesses certified under section 16C.19,
13.27paragraph (d).
13.28(b) The purpose of this designation is to facilitate the transition of veterans from
13.29military to civilian life, and to help compensate veterans for their sacrifices, including but
13.30not limited to their sacrifice of health and time, to the state and nation during their military
13.31service, as well as to enhance economic development within Minnesota.

13.32    Sec. .... [CORR10-12] Minnesota Statutes 2009 Supplement, section 626.556,
13.33subdivision 2, as amended by Laws 2010, chapter 329, article 1, section 19, is amended to
13.34read:
14.1    Subd. 2. Definitions. As used in this section, the following terms have the meanings
14.2given them unless the specific content indicates otherwise:
14.3    (a) "Family assessment" means a comprehensive assessment of child safety, risk
14.4of subsequent child maltreatment, and family strengths and needs that is applied to a
14.5child maltreatment report that does not allege substantial child endangerment. Family
14.6assessment does not include a determination as to whether child maltreatment occurred
14.7but does determine the need for services to address the safety of family members and the
14.8risk of subsequent maltreatment.
14.9    (b) "Investigation" means fact gathering related to the current safety of a child
14.10and the risk of subsequent maltreatment that determines whether child maltreatment
14.11occurred and whether child protective services are needed. An investigation must be used
14.12when reports involve substantial child endangerment, and for reports of maltreatment in
14.13facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
14.14144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
14.1513, and 124D.10; or in a nonlicensed personal care provider association as defined in
14.16sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
14.17    (c) "Substantial child endangerment" means a person responsible for a child's care,
14.18and in the case of sexual abuse includes a person who has a significant relationship to the
14.19child as defined in section 609.341, or a person in a position of authority as defined in
14.20section 609.341, who by act or omission commits or attempts to commit an act against a
14.21child under their care that constitutes any of the following:
14.22    (1) egregious harm as defined in section 260C.007, subdivision 14;
14.23    (2) sexual abuse as defined in paragraph (d);
14.24    (3) abandonment under section 260C.301, subdivision 2;
14.25    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
14.26child's physical or mental health, including a growth delay, which may be referred to as
14.27failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
14.28    (5) murder in the first, second, or third degree under section 609.185, 609.19, or
14.29609.195 ;
14.30    (6) manslaughter in the first or second degree under section 609.20 or 609.205;
14.31    (7) assault in the first, second, or third degree under section 609.221, 609.222, or
14.32609.223 ;
14.33    (8) solicitation, inducement, and promotion of prostitution under section 609.322;
14.34    (9) criminal sexual conduct under sections 609.342 to 609.3451;
14.35    (10) solicitation of children to engage in sexual conduct under section 609.352;
15.1    (11) malicious punishment or neglect or endangerment of a child under section
15.2609.377 or 609.378;
15.3    (12) use of a minor in sexual performance under section 617.246; or
15.4    (13) parental behavior, status, or condition which mandates that the county attorney
15.5file a termination of parental rights petition under section 260C.301, subdivision 3,
15.6paragraph (a).
15.7    (d) "Sexual abuse" means the subjection of a child by a person responsible for the
15.8child's care, by a person who has a significant relationship to the child, as defined in
15.9section 609.341, or by a person in a position of authority, as defined in section 609.341,
15.10subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
15.11conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
15.12609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
15.13in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
15.14abuse also includes any act which involves a minor which constitutes a violation of
15.15prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
15.16threatened sexual abuse.
15.17    (e) "Person responsible for the child's care" means (1) an individual functioning
15.18within the family unit and having responsibilities for the care of the child such as a
15.19parent, guardian, or other person having similar care responsibilities, or (2) an individual
15.20functioning outside the family unit and having responsibilities for the care of the child
15.21such as a teacher, school administrator, other school employees or agents, or other lawful
15.22custodian of a child having either full-time or short-term care responsibilities including,
15.23but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
15.24and coaching.
15.25    (f) "Neglect" means the commission or omission of any of the acts specified under
15.26clauses (1) to (9), other than by accidental means:
15.27    (1) failure by a person responsible for a child's care to supply a child with necessary
15.28food, clothing, shelter, health, medical, or other care required for the child's physical or
15.29mental health when reasonably able to do so;
15.30    (2) failure to protect a child from conditions or actions that seriously endanger the
15.31child's physical or mental health when reasonably able to do so, including a growth delay,
15.32which may be referred to as a failure to thrive, that has been diagnosed by a physician and
15.33is due to parental neglect;
15.34    (3) failure to provide for necessary supervision or child care arrangements
15.35appropriate for a child after considering factors as the child's age, mental ability, physical
16.1condition, length of absence, or environment, when the child is unable to care for the
16.2child's own basic needs or safety, or the basic needs or safety of another child in their care;
16.3    (4) failure to ensure that the child is educated as defined in sections 120A.22 and
16.4260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's
16.5child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
16.6    (5) nothing in this section shall be construed to mean that a child is neglected solely
16.7because the child's parent, guardian, or other person responsible for the child's care in
16.8good faith selects and depends upon spiritual means or prayer for treatment or care of
16.9disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
16.10or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
16.11if a lack of medical care may cause serious danger to the child's health. This section does
16.12not impose upon persons, not otherwise legally responsible for providing a child with
16.13necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
16.14    (6) prenatal exposure to a controlled substance, as defined in section 253B.02,
16.15subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
16.16symptoms in the child at birth, results of a toxicology test performed on the mother at
16.17delivery or the child at birth, or medical effects or developmental delays during the child's
16.18first year of life that medically indicate prenatal exposure to a controlled substance;
16.19    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
16.20    (8) chronic and severe use of alcohol or a controlled substance by a parent or
16.21person responsible for the care of the child that adversely affects the child's basic needs
16.22and safety; or
16.23    (9) emotional harm from a pattern of behavior which contributes to impaired
16.24emotional functioning of the child which may be demonstrated by a substantial and
16.25observable effect in the child's behavior, emotional response, or cognition that is not
16.26within the normal range for the child's age and stage of development, with due regard to
16.27the child's culture.
16.28    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
16.29inflicted by a person responsible for the child's care on a child other than by accidental
16.30means, or any physical or mental injury that cannot reasonably be explained by the child's
16.31history of injuries, or any aversive or deprivation procedures, or regulated interventions,
16.32that have not been authorized under section 121A.67 or 245.825.
16.33    Abuse does not include reasonable and moderate physical discipline of a child
16.34administered by a parent or legal guardian which does not result in an injury. Abuse does
16.35not include the use of reasonable force by a teacher, principal, or school employee as
16.36allowed by section 121A.582. Actions which are not reasonable and moderate include,
17.1but are not limited to, any of the following that are done in anger or without regard to the
17.2safety of the child:
17.3    (1) throwing, kicking, burning, biting, or cutting a child;
17.4    (2) striking a child with a closed fist;
17.5    (3) shaking a child under age three;
17.6    (4) striking or other actions which result in any nonaccidental injury to a child
17.7under 18 months of age;
17.8    (5) unreasonable interference with a child's breathing;
17.9    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
17.10    (7) striking a child under age one on the face or head;
17.11    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
17.12substances which were not prescribed for the child by a practitioner, in order to control or
17.13punish the child; or other substances that substantially affect the child's behavior, motor
17.14coordination, or judgment or that results in sickness or internal injury, or subjects the
17.15child to medical procedures that would be unnecessary if the child were not exposed
17.16to the substances;
17.17    (9) unreasonable physical confinement or restraint not permitted under section
17.18609.379 , including but not limited to tying, caging, or chaining; or
17.19    (10) in a school facility or school zone, an act by a person responsible for the child's
17.20care that is a violation under section 121A.58.
17.21    (h) "Report" means any report received by the local welfare agency, police
17.22department, county sheriff, or agency responsible for assessing or investigating
17.23maltreatment pursuant to this section.
17.24    (i) "Facility" means:
17.25    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
17.26sanitarium, or other facility or institution required to be licensed under sections 144.50 to
17.27144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B;
17.28    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
17.29124D.10 ; or
17.30    (3) a nonlicensed personal care provider organization as defined in sections 256B.04,
17.31subdivision 16, and 256B.0625, subdivision 19a.
17.32    (j) "Operator" means an operator or agency as defined in section 245A.02.
17.33    (k) "Commissioner" means the commissioner of human services.
17.34    (l) "Practice of social services," for the purposes of subdivision 3, includes but is
17.35not limited to employee assistance counseling and the provision of guardian ad litem and
17.36parenting time expeditor services.
18.1    (m) "Mental injury" means an injury to the psychological capacity or emotional
18.2stability of a child as evidenced by an observable or substantial impairment in the child's
18.3ability to function within a normal range of performance and behavior with due regard to
18.4the child's culture.
18.5    (n) "Threatened injury" means a statement, overt act, condition, or status that
18.6represents a substantial risk of physical or sexual abuse or mental injury. Threatened
18.7injury includes, but is not limited to, exposing a child to a person responsible for the
18.8child's care, as defined in paragraph (e), clause (1), who has:
18.9    (1) subjected a child to, or failed to protect a child from, an overt act or condition
18.10that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
18.11similar law of another jurisdiction;
18.12    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
18.13(4), or a similar law of another jurisdiction;
18.14    (3) committed an act that has resulted in an involuntary termination of parental rights
18.15under section 260C.301, or a similar law of another jurisdiction; or
18.16    (4) committed an act that has resulted in the involuntary transfer of permanent legal
18.17and physical custody of a child to a relative under section 260C.201, subdivision 11,
18.18paragraph (d), clause (1), or a similar law of another jurisdiction.
18.19    (o) Persons who conduct assessments or investigations under this section shall take
18.20into account accepted child-rearing practices of the culture in which a child participates
18.21and accepted teacher discipline practices, which are not injurious to the child's health,
18.22welfare, and safety.
18.23    (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
18.24occurrence or event which:
18.25    (1) is not likely to occur and could not have been prevented by exercise of due
18.26care; and
18.27    (2) if occurring while a child is receiving services from a facility, happens when the
18.28facility and the employee or person providing services in the facility are in compliance
18.29with the laws and rules relevant to the occurrence or event.
18.30(q) "Nonmaltreatment mistake" means:
18.31(1) at the time of the incident, the individual was performing duties identified in the
18.32center's child care program plan required under Minnesota Rules, part 9503.0045;
18.33(2) the individual has not been determined responsible for a similar incident that
18.34resulted in a finding of maltreatment for at least seven years;
18.35(3) the individual has not been determined to have committed a similar
18.36nonmaltreatment mistake under this paragraph for at least four years;
19.1(4) any injury to a child resulting from the incident, if treated, is treated only with
19.2remedies that are available over the counter, whether ordered by a medical professional or
19.3not; and
19.4(5) except for the period when the incident occurred, the facility and the individual
19.5providing services were both in compliance with all licensing requirements relevant to the
19.6incident.
19.7This definition only applies to child care centers licensed under Minnesota Rules,
19.8chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantial
19.9substantiated maltreatment by the individual, the commissioner of human services shall
19.10determine that a nonmaltreatment mistake was made by the individual."
19.11Renumber the sections in sequence and correct the internal references
19.12Amend the title accordingly