piers109uk/MN-Statutes huggingface dataset:
137.45 PROGRAM FOR STUDENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
The Board of Regents of the University of Minnesota is requested to offer an academic program consistent with the requirements of this section for students with intellectual and developmental disabilities at the University of Minnesota-Morris.
The program must establish an enrollment goal of at least 15 incoming students per academic year. The board is requested to establish an application process for the program. A student who successfully completes the program must be awarded a certificate, diploma, or other appropriate academic credential.
(a) The program must provide an inclusive, full-time, two-year residential college experience for students with intellectual and developmental disabilities. The curriculum must include:
(1) core courses that develop life skills, financial literacy, and the ability to live independently;
(2) rigorous academic work in a student's chosen field of study; and
(3) an internship, apprenticeship, or other skills-based experience to prepare for meaningful employment upon completion of the program.
(b) In addition to academic requirements, the program must allow participating students the opportunity to engage fully in campus life. Program activities must include, but are not limited to:
(1) the establishment of on-campus mentoring and peer support communities; and
(2) opportunities for personal growth through leadership development and other community engagement activities.
(c) The program may tailor its curriculum and activities to highlight academic programs, student and community life experiences, and employment opportunities unique to the campus or the region where the campus is located.
By January 15 of each year, the board must submit a report on the program to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over higher education finance and policy. The report must include, but need not be limited to, information regarding:
(1) the number of students participating in the program;
(2) program goals and outcomes; and
(3) the success rate of participants.
137.50 DEFINITIONS.
The definitions in this section apply to sections 137.51 to 137.60.
"Commissioner" means the commissioner of management and budget.
"Stadium" means an athletic stadium suitable for intercollegiate National Collegiate Athletic Association (NCAA) Division I football games and related infrastructure improvements constructed on the University of Minnesota's east bank campus in the city of Minneapolis.
"Board" means the Board of Regents of the University of Minnesota.
"Commission" means the Metropolitan Sports Facilities Commission.
"University land" means approximately 2,840 acres owned by the University of Minnesota as of May 25, 2006, lying within the area legally described as approximately the Southerly 3/4 of the Southwest 1/4 of Section 1 (comprising 120 acres), approximately the Southeast 1/4 of Section 2 (comprising 160 acres), the East 1/2 of Section 10, Section 11, the West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range 19 West, Dakota County, Minnesota.
"Permitted university uses" means university educational, research, outreach, scientific, and agricultural uses including, undiminished, all of the uses present as of May 25, 2006, of the university land, all of the uses of university real property that adjoins the university land present as of May 25, 2006, any uses related to the foregoing uses, and the making of improvements incidental to those uses, provided that an improvement must be agreed to in writing by the university and the commissioner of natural resources.
"Other permitted uses" means agricultural, outdoor recreation uses including those named in section 86A.03, subdivision 3, open space management uses, outdoor recreation-based uses consistent with those of the parks and open space system created pursuant to chapter 473, wildlife management areas, aquatic management areas, scientific and natural areas, and the making of improvements incidental to those uses, provided the improvements have been agreed to in writing by the university and the commissioner of natural resources.
"Prohibited uses" means use of the university land for residential, commercial, or industrial uses, except to the extent those uses are otherwise permitted by Laws 2006, chapter 247, or are permitted as of May 25, 2006, under university leases, easements, or use agreements, or are utility uses within defined corridors.
137.53 ACTIVITIES; CONTRACTS.
The legislature recognizes that the board has all powers necessary or convenient for designing, constructing, equipping, improving, controlling, operating, and maintaining the stadium and may enter into contracts that are, in its judgment, in the best interests of the public for those purposes. Notwithstanding contrary law, the board may adopt the fair and competitive design and construction procurement procedures in connection with the stadium that it considers to be in the public interest. The board must ensure, to the greatest extent practicable, that materials derived from American-made steel are used in the construction of the stadium. Sections 16B.33 and 16B.335 do not apply to the stadium.
137.52 CONTAMINATION REMEDIATION; REPORT.
The board shall, until the issue is resolved, report annually to the legislature on or before February 1, on its efforts and the efforts of the Department of Defense to remedy contamination of the university land caused by activities occurring prior to the University of Minnesota acquiring the land.
137.55 PUBLIC USE OF STADIUM.
The board is requested, in furtherance of its outreach mission and subject to its policies regarding the use of university facilities, to provide ample opportunities for use of the stadium for events sponsored by public bodies including public schools.
137.56 ENVIRONMENTAL REVIEW.
The commissioner must not make an annual payment required by this act until the board has completed an environmental review of the stadium project and the commissioner determines that the board is performing the duties of the responsible governmental unit as prescribed in the Minnesota Environmental Policy Act, chapter 116D, and the rules adopted under that chapter. The legislature ratifies the Environmental Quality Board's designation of the board as a responsible governmental unit.
137.57 NO FULL FAITH AND CREDIT.
Any bonds or other obligations issued by the board under Laws 2006, chapter 247, are not public debt of the state, and the full faith and credit and taxing powers of the state are not pledged for their payment, or of any payments that the state agrees to make under Laws 2006, chapter 247.
137.58 MITIGATION FUND.
The board is requested to cooperate with the reconstituted stadium area advisory group described in the University of Minnesota On-Campus Football Stadium-Final EIS, dated February 13, 2006, to mitigate the impact of the construction and operation of the stadium. The board shall also establish a mitigation fund for the support of community initiatives that relate to the impacts of the operation of the stadium. On July 1, 2007, the university shall deposit $1,500,000 into a fund to be managed by the board. Income from the fund shall be made available exclusively to pay for mitigation activities. The use of the funds must be coordinated through the reconstituted stadium area advisory group.
137.60 EMINENT DOMAIN.
The board may not acquire the fire station number 19 building for the construction of the stadium and related infrastructure, either directly or indirectly, through the exercise of the power of eminent domain.
137.61 PURPOSE.
Sections 137.61 to 137.65 provide for a biomedical science research funding program to further the investment in biomedical science research facilities in Minnesota to benefit the state's economy, advance the biomedical technology industry, benefit human health, and facilitate research collaboration between the University of Minnesota and other private and public institutions in this state. Sections 137.61 to 137.65 also provide funding for design, land acquisition, site preparation, and preconstruction services for the new clinical research facility on the University of Minnesota's Twin Cities campus.
137.62 DEFINITIONS.
The definitions in this section apply to sections 137.61 to 137.65.
"Biomedical science research facility" means a facility located on the campus of the University of Minnesota to be used as a research facility and laboratory for biomedical science and biomedical technology. A hospital licensed under sections 144.50 to 144.56 is not a biomedical science research facility. Biomedical science research facility includes the clinical research facility defined in this section.
"Clinical research facility" means a facility located on the Twin Cities campus of the University of Minnesota to connect a broad array of clinical research units and activities from across the university, providing a consolidated home for the Clinical Translational Science Institute and related programs that support education, research, clinical training, and patient care.
"Commissioner" means the commissioner of management and budget.
"Project costs" means the sum of all obligations incurred, paid, or to be paid that are reasonably required for the design, construction, and completion of the project, including, but not limited to:
(1) site acquisition;
(2) soil and environmental testing, surveys, estimates, plans and specifications, supervision of construction, and other engineering and architectural services;
(3) payments under construction contracts and payments for performance bonds; and
(4) purchase and installation of furniture, fixtures, and equipment.
"Project" means the acquisition, construction, improvement, expansion, repair, or rehabilitation of all or part of a structure, facility, infrastructure, or equipment necessary for a biomedical science research facility approved by the Board of Regents.
137.63 BIOMEDICAL SCIENCE RESEARCH FACILITIES FUNDING PROGRAM.
A biomedical science research facilities funding program is established to provide appropriations to the Board of Regents of the University of Minnesota for up to 75 percent of the project costs for each of four projects approved by the Board of Regents under section 137.64, other than the clinical research facility. Appropriations to the Board of Regents for the clinical research facility are for 100 percent of the project costs for design, land acquisition, site preparation, and preconstruction services.
The Board of Regents of the University of Minnesota, either acting on its own or in collaboration with another private or public entity, must pay at least 25 percent of the project costs for each of four projects, other than the clinical research facility. The board must not use tuition revenue to pay for the university's share of the costs for the projects approved under section 137.64.
137.65 NO FULL FAITH AND CREDIT.
Any bonds or other obligations issued by the board under sections 137.61 to 137.65, are not public debt of the state, and the full faith and credit and taxing powers of the state are not pledged for their payment, or of any payments that the state agrees to make under sections 137.61 to 137.65.
137.66 MINNESOTA DISCOVERY, RESEARCH, AND INNOVATION ECONOMY FUNDING PROGRAM.
(a) The Minnesota Discovery, Research, and InnoVation Economy (MnDRIVE) funding program is established to discover new knowledge through scientific research that will:
(1) advance the state's economy;
(2) leverage opportunities and establish priorities in sectors of state strength and comparative advantage;
(3) improve the health and well-being of Minnesota's citizens;
(4) advance the capacity and competitiveness of existing and emerging food- and manufacturing-related science and technology industries; and
(5) build a better Minnesota by driving progress and advancing the common good.
(b) The MnDRIVE funding program shall establish priorities by investing in scientific research that promotes:
(1) programs that can position Minnesota as a leader in engineering, science, technology, and food-related solutions;
(2) initiatives that support the growth of targeted industry clusters and the competitiveness of existing Minnesota engineering, science, technology, and food companies in developing new products and services;
(3) initiatives that can result in creating new Minnesota-based companies;
(4) initiatives that can improve the quality of life of Minnesota's citizens, decrease the incidence of disease, and transform how we prevent, treat, and cure diseases; and
(5) initiatives that can secure a safer environment, seek sustainable energy solutions, and prevent, diagnose, and treat environmental problems associated with Minnesota industry.
The Board of Regents of the University of Minnesota, acting alone or in partnership with other public or private entities, is requested to submit investment proposals consistent with the goals and objectives of the MnDRIVE funding program as part of the Board of Regents biennial budget request to the legislature. The Board of Regents must give consideration to investments in existing scientific research programs that meet these guidelines but may require additional resources in order to preserve or accelerate Minnesota into a national or global leadership position. The governor shall submit a recommendation to the legislature regarding funding requests submitted by the Board of Regents.
By March 1 of each odd-numbered year, the Board of Regents of the University of Minnesota must provide to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance a summary report of investments and accomplishments related to funds received from the state under subdivision 2 from the prior biennium.
137.67 MINNESOTA BIOMEDICINE AND BIOETHICS INNOVATION GRANTS.
(a) The steering committee of the University of Minnesota and Mayo Foundation partnership shall award grants to entities that apply for a grant under this subdivision to fund innovations and research in biomedicine and bioethics. Grant funds must be used to fund biomedical and bioethical research, and related clinical translation and commercialization activities in this state. Entities must apply for a grant in a form and manner specified by the steering committee. The steering committee shall use the following criteria to award grants under this subdivision:
(1) the likelihood that the research will lead to a new discovery;
(2) the prospects for commercialization of the research;
(3) the likelihood that the research will strengthen Minnesota's economy through the creation of new businesses, increased public or private funding for research in Minnesota, or attracting additional clinicians and researchers to Minnesota; and
(4) whether the proposed research includes a bioethics research plan to ensure the research is conducted using ethical research practices.
(b) Projects that include the acquisition or use of human fetal tissue are not eligible for grants under this subdivision. For purposes of this paragraph, "human fetal tissue" has the meaning given in United States Code, title 42, section 289g-1(f).
In awarding grants under subdivision 1, the steering committee may consult with interested parties who are able to provide technical information, advice, and recommendations on grant projects and awards. Interested parties with whom the steering committee may consult include but are not limited to representatives of private industries with expertise in biomedical research, bioethical research, clinical translation, commercialization, and medical venture financing.
137.70 UNIVERSITY NEIGHBORHOOD DEVELOPMENT.
In order to support and create an environment surrounding the campuses of the University of Minnesota in Minneapolis and Duluth, that is conducive to the purposes of higher education and a vital community, the Board of Regents and the cities of Minneapolis and Duluth shall create with the Marcy Holmes, Southeast Como, Prospect Park, and Cedar-Riverside neighborhood and business associations, an appropriate organization so that they cooperate in the development of those neighborhoods. The organization shall include representatives from the Marcy Holmes, Southeast Como, Prospect Park, and Cedar-Riverside neighborhood and business associations. The purpose of the organization is to improve the university's Minneapolis and Duluth campus area neighborhoods including, but not limited to, the following:
(1) providing and supporting the development of good quality university neighborhood housing, including housing for students, faculty, employees, alumni, and others who may wish to live in the university area neighborhoods;
(2) encouraging and assisting university faculty, staff, students, and others to live in the neighborhood as long-term residents;
(3) supporting and assisting appropriate business development in commercial areas of the neighborhood; and
(4) cooperating and coordinating planning and development in all matters affecting the neighborhood with local government, businesses, residents, and other stakeholders in the neighborhood.
The organization created by the Board of Regents and the city of Minneapolis shall include representatives from the organizations currently represented on the University District Alliance Steering Committee. The Board of Regents and the city of Duluth may establish the membership of an organization for the purposes of subdivision 1.
The Board of Regents and the cities of Minneapolis and Duluth shall report by January 15, 2010, to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance and economic development and housing finance on the status and activities of the organization that is created.
141.23 RULES.
The office may adopt rules according to chapter 14 to carry out the provisions of this chapter.
142B.17 CHILD CARE FIX-IT TICKET.
(a) In lieu of a correction order under section 142B.16, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:
(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;
(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;
(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;
(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and
(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.
(b) The fix-it ticket must state:
(1) the conditions that constitute a violation of the law or rule;
(2) the specific law or rule violated; and
(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.
(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.
(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.
(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 142B.16.
This section expires upon the implementation of the child care weighted risk system in section 142B.171. The commissioner of children, youth, and families shall notify the revisor of statutes when the system has been implemented.
142B.171 CHILD CARE WEIGHTED RISK SYSTEM.
The commissioner shall develop and implement a child care weighted risk system that provides a tiered licensing enforcement framework for child care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503.
(a) In lieu of a correction order under section 142B.16, the commissioner shall provide documented technical assistance to a family child care or child care center license holder if the commissioner finds that:
(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined by the child care weighted risk system;
(2) the noncompliance does not imminently endanger the health, safety, or rights of the persons served by the program; and
(3) the license holder did not receive documented technical assistance or a correction order for the same violation at the license holder's most recent annual licensing inspection.
(b) Documented technical assistance must include communication from the commissioner to the license holder that:
(1) states the conditions that constitute a violation of a law or rule;
(2) references the specific law or rule violated; and
(3) explains remedies for correcting the violation.
(c) The commissioner shall not publicly publish documented technical assistance on the department's website.
142B.19 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION.
(a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder's home, when the disqualified individual has not received a set-aside and a variance has not been granted under chapter 245C, the commissioner may issue:
(1) an order of denial of an application;
(2) an order of conditional license; or
(3) an order of revocation.
(b) An order issued by the commissioner under this section is subject to notice and appeal rights provided under this chapter as follows:
(1) an order of denial of an application according to section 142B.15;
(2) an order of conditional license according to section 142B.16; and
(3) an order of revocation of a license according to section 142B.18.
142B.21 SETTLEMENT AGREEMENT.
(a) A license holder who has made a timely appeal pursuant to section 142B.16, subdivision 4, or 142B.18, subdivision 6, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction. For the purposes of this section, the following conditions apply to a settlement agreement reached by the parties:
(1) if the parties enter into a settlement agreement, the effect of the agreement shall be that the appeal is withdrawn and the agreement shall constitute the full agreement between the commissioner and the party who filed the appeal; and
(2) the settlement agreement must identify the agreed-upon actions the license holder has taken and will take in order to achieve and maintain compliance with the licensing requirements that the commissioner determined the license holder had violated.
(b) Neither the license holder nor the commissioner is required to initiate a settlement discussion under this section.
(c) If a settlement discussion is initiated by the license holder, the commissioner shall respond to the license holder within 14 calendar days of receipt of the license holder's submission.
(d) If the commissioner agrees to engage in settlement discussions, the commissioner may decide at any time not to continue settlement discussions with a license holder.
142B.22 CONSOLIDATION OF HEARINGS; RECONSIDERATION.
Hearings authorized under this chapter, sections 142A.20 and 626.557, and chapters 245C and 260E pursuant to the commissioner's power under section 142A.09 must be consolidated if feasible and in accordance with other applicable statutes and rules.
142B.25 CLOSING A LICENSE.
The commissioner may close a license if the commissioner determines that a licensed program has not been serving any client for a consecutive period of 12 months or longer. The license holder is not prohibited from reapplying for a license if the license holder's license was closed under this chapter.
If a license is closed, the commissioner must notify the license holder of closure by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the notice of closure must be mailed to the last known address of the license holder and must inform the license holder why the license was closed and that the license holder has the right to request reconsideration of the closure. If the license holder believes that the license was closed in error, the license holder may ask the commissioner to reconsider the closure. The license holder's request for reconsideration must be made in writing and must include documentation that the licensed program has served a client in the previous 12 months. The request for reconsideration must be postmarked and sent to the commissioner or submitted through the provider licensing and reporting hub within 20 calendar days after the license holder receives the notice of closure. Upon implementation of the provider licensing and reporting hub, the provider must use the hub to request reconsideration. If the order is issued through the provider hub, the reconsideration must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. A timely request for reconsideration stays imposition of the license closure until the commissioner issues a decision on the request for reconsideration.
The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
142A.01 DEFINITIONS.
The definitions in this section apply to this chapter.
"Commissioner" means the commissioner of children, youth, and families.
"Department" means the Department of Children, Youth, and Families.
142B.31 PUBLIC FUNDS PROGRAM INTEGRITY MONITORING.
(a) An applicant or a license holder that has enrolled to receive public funding reimbursement for services is required to comply with the registration or enrollment requirements as licensing standards.
(b) Compliance with the licensing standards established under paragraph (a) may be monitored during a licensing investigation or inspection. Noncompliance with these licensure standards may result in:
(1) a correction order or a conditional license under section 142B.16, or sanctions under section 142B.18;
(2) nonpayment of claims submitted by the license holder for public program reimbursement according to the statute applicable to that program;
(3) recovery of payments made for the service according to the statute applicable to that program;
(4) disenrollment in the public payment program according to the statute applicable to that program; or
(5) a referral for other administrative, civil, or criminal penalties as provided by law.
142B.40 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.
It is the policy of the state that persons shall not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings.
Residential programs with a licensed capacity of six or fewer persons shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations, except that a residential program whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. This exception shall not apply to residential programs licensed before July 1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, that cannot be met because of the nature of the licensed program, including provisions that require the home's occupants be related, and that the home must be occupied by the owner, or similar provisions.
(a) Child foster care license holders must maintain the ability to care for a foster child and ensure a safe home environment for children placed in their care. License holders must immediately notify the licensing agency of:
(1) any changes to the license holder or household member's physical or behavioral health that may affect the license holder's ability to care for a foster child or pose a risk to a foster child's health; or
(2) changes related to the care of a child or vulnerable adult for whom the license holder is a parent or legally responsible, including living out of the home for treatment for physical or behavioral health, modified parenting time arrangements, legal custody, or placement in foster care.
(b) The licensing agency may request a license holder or household member to undergo an evaluation by a specialist in areas such as physical or behavioral health to evaluate the license holder's ability to provide a safe environment for a foster child. Prior to assigning a specialist to evaluate, the licensing agency must tell the license holder or household member why the licensing agency has requested a specialist evaluation and request a release of information from the license holder or household member.
142A.045 CHILDREN, YOUTH, AND FAMILIES INTERGOVERNMENTAL ADVISORY COMMITTEE.
(a) An intergovernmental advisory committee is established to provide advice, consultation, and recommendations to the commissioner on the planning, design, administration, funding, and evaluation of services to children, youth, and families. Each of Minnesota's federally recognized Tribal Nations may, but is not required to, participate in the advisory committee required under this section. Notwithstanding section 15.059, the commissioner, each participating Tribal Nation, the Association of Minnesota Counties, and the Minnesota Association of County Social Services Administrators must codevelop and execute a process to administer the committee that ensures each participating Tribal Nation and each county are represented. The committee must meet at least quarterly and special meetings may be called by the committee chair or a majority of the members. A Tribal Nation may elect to participate at any time.
(b) Subject to section 15.059, the commissioner may reimburse committee members or their alternates for allowable expenses while engaged in their official duties as committee members.
(c) Notwithstanding section 15.059, the intergovernmental advisory committee does not expire.
(d) In addition to the requirements under this section, the commissioner must implement a Tribal consultation process under section 10.65 to ensure recognition of the unique legal relationship between the state of Minnesota and Minnesota Tribal governments.
142F.05 SUPERVISION OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
The commissioner of children, youth, and families shall supervise the Supplemental Nutrition Assistance Program (SNAP) to aid administration of the SNAP by local social services agencies pursuant to section 393.07, subdivision 10, to promote excellence of administration and program operation, and to ensure compliance with all federal laws and regulations so that all eligible persons are able to participate.
The commissioner of children, youth, and families shall apply to the United States Department of Agriculture for waivers of monthly reporting and retrospective budgeting requirements.
The commissioner of children, youth, and families, in consultation with the commissioner of employment and economic development, is authorized to implement and allocate money to SNAP employment and training programs in as many counties as is necessary to meet federal participation requirements and comply with federal laws and regulations. The commissioner of children, youth, and families may contract with the commissioner of employment and economic development to implement and supervise employment and training programs for SNAP benefit recipients that are required by federal regulations.
In the event that Minnesota qualifies for the United States Department of Agriculture Food and Nutrition Service SNAP performance bonus awards, the funding is appropriated to the commissioner. The commissioner shall retain 25 percent of the funding and distribute the other 75 percent among the counties according to a formula that takes into account each county's impact on state performance in the applicable bonus categories.
142A.04 STATE AND COUNTY SYSTEMS.
(a) The commissioner shall establish and enhance computer systems necessary for the efficient operation of the programs the commissioner supervises, including:
(1) management and administration of the Supplemental Nutrition Assistance Program (SNAP) and income maintenance program, including the electronic distribution of benefits; and
(2) management and administration of the child support enforcement program.
(b) The commissioner's development costs incurred by computer systems for statewide programs administered with that computer system and mandated by state or federal law must not be assessed against county agencies. The commissioner may charge a county for development and operating costs incurred by computer systems for functions requested by the county and not mandated by state or federal law for programs administered by the computer system incurring the cost.
(c) The commissioner shall distribute the nonfederal share of the costs of operating and maintaining the systems to the commissioner and to the counties participating in the system in a manner that reflects actual system usage, except that the nonfederal share of the costs of the MAXIS computer system and child support enforcement systems for statewide programs administered by those systems and mandated by state or federal law shall be borne entirely by the commissioner.
(d) The commissioner may enter into contractual agreements with federally recognized Indian Tribes with a reservation in Minnesota to participate in state-operated computer systems related to the management and administration of the SNAP, income maintenance, and child support enforcement programs to the extent necessary for the Tribe to operate a federally approved family assistance program or any other program under the supervision of the commissioner.
A state systems account for the Department of Children, Youth, and Families is created in the state treasury. Money collected by the commissioner for the programs in subdivision 1 must be deposited in the account. Money in the state systems account and federal matching money are appropriated to the commissioner for purposes of this section.
142A.05 RULEMAKING.
(a) The commissioner may use the procedure in section 14.386, paragraph (a), to adopt rules necessary to implement the responsibilities transferred under this article or through section 16B.37. Section 14.386, paragraph (b), does not apply to these rules.
(b) The commissioner must amend Minnesota Rules to make conforming changes related to the transfer of responsibilities under Laws 2023, chapter 70, article 12, or through section 16B.37. The commissioner must obtain the approval of the commissioners of human services, education, health, and public safety for any amendments to or repeal of rules in existence on July 1, 2024, and administered under the authority of those agencies.
(c) The time limit in section 14.125 is extended to 36 months for rulemaking under paragraphs (a) and (b). The commissioner must publish a notice of intent to adopt rules or a notice of hearing within 36 months of the effective date reported under section 142A.05, subdivision 1, paragraph (c).
(d) The commissioner may adopt rules for the administration of activities related to the department. Rules adopted under this paragraph are subject to the rulemaking requirements of chapter 14.
142F.101 ASSET LIMITATIONS FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HOUSEHOLDS.
All Supplemental Nutrition Assistance Program (SNAP) households must be determined eligible for the benefit discussed under section 256.029. SNAP households must demonstrate that their gross income is equal to or less than 200 percent of the federal poverty guidelines for the same family size.
142A.06 ADMINISTRATION OF FEDERAL GRANTS-IN-AID.
If, when and during such time as grants-in-aid are provided by the federal government for relief of the poor and accepted by this state, such aid shall be administered pursuant to and in accordance with rules promulgated and adopted by the commissioner of children, youth, and families; and during such time any provision of Minnesota Statutes 1945, chapter 261, as amended by Laws 1947, chapter 546, of Minnesota Statutes 1945, chapter 262, and of Minnesota Statutes 1945, chapter 263, in conflict with such rules shall be and remain, to the extent of such conflict, inoperative and suspended.
Grants-in-aid received from the federal government for any welfare, assistance or relief program or for administration under the jurisdiction of the commissioner shall, in the first instance, be credited to a federal grant fund and shall be transferred therefrom to the credit of the commissioner in the appropriate account upon certification of the commissioner that the amounts so requested to be transferred have been earned or are required for the purposes and programs intended. Moneys received by the federal grant fund need not be budgeted as such, provided transfers from the fund are budgeted for allotment purposes in the appropriate appropriations.
The commissioner shall negotiate with the federal government, or any agency, bureau, or department thereof, for the purpose of securing or obtaining any grants or aids. Any grants or aids thus secured or received are appropriated to the commissioner and made available for the uses and purposes for which they were received but shall be used to reduce the direct appropriations provided by law unless federal law prohibits such action or unless the commissioner obtains approval of the governor who shall seek the advice of the Legislative Advisory Commission.
This section does not apply to federal grants or aids received from the United States Department of Education.
142B.44 FIRE MARSHAL INSPECTION.
When licensure under this chapter or certification under chapter 142C requires an inspection by a fire marshal to determine compliance with the State Fire Code under section 299F.011, a local fire code inspector approved by the state fire marshal may conduct the inspection. If a community does not have a local fire code inspector or if the local fire code inspector does not perform the inspection, the state fire marshal must conduct the inspection. A local fire code inspector or the state fire marshal may recover the cost of these inspections through a fee of no more than $50 per inspection charged to the applicant or license holder or license-exempt child care center certification holder. The fees collected by the state fire marshal under this section are appropriated to the commissioner of public safety for the purpose of conducting the inspections.
142F.102 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM REPORTING REQUIREMENTS.
The commissioner of children, youth, and families shall implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP benefit recipient households required to report periodically shall not be required to report more often than one time every six months.
142A.08 PLAIN LANGUAGE IN WRITTEN MATERIALS.
(a) To the extent reasonable and consistent with the goals of providing easily understandable and readable materials and complying with federal and state laws governing the programs, all written materials relating to services and determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under a program administered or supervised by the commissioner must be understandable to a person who reads at the seventh-grade level, using the Flesch scale analysis readability score as determined under section 72C.09.
(b) All written materials relating to determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under programs administered or supervised by the commissioner must be developed to satisfy the plain language requirements of the Plain Language Contract Act under sections 325G.29 to 325G.36. Materials may be submitted to the attorney general for review and certification. Notwithstanding section 325G.35, subdivision 1, the attorney general shall review submitted materials to determine whether they comply with the requirements of section 325G.31. The remedies available pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to these materials. Failure to comply with this section does not provide a basis for suspending the implementation or operation of other laws governing programs administered by the commissioner.
(c) The requirements of this section do not apply to materials that must be submitted to a federal agency for approval, to the extent that application of the requirements prevents federal approval.
(d) Nothing in this section may be construed to prohibit a lawsuit brought to require the commissioner to comply with this section or to affect individual appeal rights granted pursuant to section 256.045.
142B.47 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.
(a) Licensed child foster care providers that care for infants or children through five years of age must document that before caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 142B.46 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 142B.06. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:
(1) orientation training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or
(2) in-service training to child foster care providers who care for infants or children through five years of age under Minnesota Rules, part 2960.3070, subpart 2.
(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.
(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 142B.30. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.
142A.09 BACKGROUND STUDIES ON LICENSEES AND OTHER PERSONNEL.
The commissioner of children, youth, and families shall contract with the commissioner of human services to conduct background studies of individuals specified in section 245C.03, subdivision 1, affiliated with:
(1) a facility or program licensed or seeking a license under chapter 142B;
(2) a license-exempt child care center certified under chapter 142C; or
(3) a legal nonlicensed child care provider authorized under chapter 142E.
(a) The commissioner of human services shall conduct the background studies required by subdivision 1 in compliance with the provisions of chapter 245C. The commissioner of human services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of children, youth, and families.
(b) If the commissioner of human services determines that an individual is disqualified pursuant to chapter 245C, the commissioner of human services shall notify the license holder; the commissioner of children, youth, and families; and the individual and shall inform the individual of the right to request a reconsideration of the disqualification.
(a) Notwithstanding any provision of chapter 245C, the commissioner of children, youth, and families shall review and decide reconsideration requests, including requests for variances, for all background studies of individuals in subdivision 1, paragraph (a), except for facilities or programs that are also licensed by the commissioner of human services. The commissioner of children, youth, and families must review and decide reconsideration requests in accordance with the procedures and criteria contained in chapter 245C.
(b) The commissioner of human services is solely responsible for reviewing and deciding a reconsideration request for a background study of an individual affiliated with a facility or program licensed or certified by both the commissioner of children, youth, and families and the commissioner of human services.
(c) The commissioner of children, youth, and family's decision must be provided to the individual and to the commissioner of human services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action, except under the circumstances described in sections 245C.25, 245C.27, and 245C.28, subdivision 3.
Facilities and programs described in subdivision 1 shall be responsible for cooperating with the departments in implementing the provisions of this section. The responsibilities imposed on applicants, certification holders, and licensees under chapters 142B and 245C shall apply to these facilities. The provision of section 245C.09 shall apply to the refusal to cooperate with the completion of the background studies by an applicant, a licensee, a registrant, or an individual.
142B.48 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.
The commissioner shall make available for viewing by all legal nonlicensed child care providers a video presentation on the dangers associated with shaking infants and young children. Legal nonlicensed child care providers may participate at their option in a video presentation session offered under this section. The commissioner shall provide to child care providers and interested individuals, at cost, copies of a video approved by the commissioner of health under section 144.574 on the dangers associated with shaking infants and young children.
142A.10 COMPLIANCE SYSTEM.
(a) The commissioner shall coordinate with the commissioner of human services to administer the compliance system in section 256.017.
(b) The commissioner shall administer the compliance system for the Minnesota family investment program, the Supplemental Nutrition Assistance Program (SNAP), the child care assistance program, and all other programs administered by the commissioner or on behalf of the commissioner under the powers and authorities named in section 142A.03, subdivision 2.
(c) The purpose of this section is to permit the commissioner to supervise the administration of public assistance programs; to enforce timely and accurate distribution of benefits, completeness of service, and efficient and effective program management and operations; to increase uniformity and consistency in the administration and delivery of public assistance programs throughout the state; and to reduce the possibility of sanctions and fiscal disallowances for noncompliance with federal regulations and state statutes. The commissioner, or the commissioner's representative, may issue administrative subpoenas as needed in administering the compliance system.
(d) The commissioner shall utilize training, technical assistance, and monitoring activities, as specified in section 142A.03, subdivision 2, to encourage county agency compliance with written policies and procedures.
(e) The commissioner shall coordinate with the commissioner of human services in funding and awarding grants from the county public assistance incentive fund under section 256.018.