Senate Floor Amendment

1ss0002a10

1.1Senator Benson moved to amend S.F. No. 2 as follows:
1.2Page 16, lines 30 to 32, reinstate the stricken language
1.3Pages 45 to 51, delete sections 32 to 42 and insert:

1.4    "Sec. 32. Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision
1.5to read:
1.6    Subd. 1a. Culturally affirmative. "Culturally affirmative" describes services that are
1.7designed and delivered within the context of the culture, language, and life experiences of
1.8a person who is deaf, a person who is deafblind, and a person who is hard-of-hearing.

1.9    Sec. 33. Minnesota Statutes 2016, section 256C.23, subdivision 2, is amended to read:
1.10    Subd. 2. Deaf. "Deaf" means a hearing loss of such severity that the individual must
1.11depend primarily on visual communication such as American Sign Language or other signed
1.12language, visual and manual means of communication such as signing systems in English
1.13or Cued Speech, writing, lip speech reading, manual communication, and gestures.

1.14    Sec. 34. Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision
1.15to read:
1.16    Subd. 2c. Interpreting services. "Interpreting services" means services that include:
1.17    (1) interpreting between a spoken language, such as English, and a visual language, such
1.18as American Sign Language;
1.19    (2) interpreting between a spoken language and a visual representation of a spoken
1.20language, such as Cued Speech and signing systems in English;
1.21    (3) interpreting within one language where the interpreter uses natural gestures and
1.22silently repeats the spoken message, replacing some words or phrases to give higher visibility
1.23on the lips;
1.24    (4) interpreting using low vision or tactile methods for persons who have a combined
1.25hearing and vision loss or are deafblind; and
1.26    (5) interpreting from one communication mode or language into another communication
1.27mode or language that is linguistically and culturally appropriate for the participants in the
1.28communication exchange.

2.1    Sec. 35. Minnesota Statutes 2016, section 256C.23, is amended by adding a subdivision
2.2to read:
2.3    Subd. 6. Real-time captioning. "Real-time captioning" means a method of captioning
2.4in which a caption is simultaneously prepared and displayed or transmitted at the time of
2.5origination by specially trained real-time captioners.

2.6    Sec. 36. Minnesota Statutes 2016, section 256C.233, subdivision 1, is amended to read:
2.7    Subdivision 1. Deaf and Hard-of-Hearing Services Division. The commissioners of
2.8human services, education, employment and economic development, and health shall create
2.9a distinct and separate organizational unit to be known as advise the commissioner of human
2.10services on the activities of the Deaf and Hard-of-Hearing Services Division to address.
2.11This division addresses the developmental, social, educational, and occupational and
2.12social-emotional needs of persons who are deaf, persons who are deafblind, and persons
2.13who are hard-of-hearing persons through a statewide network of collaborative services and
2.14by coordinating the promulgation of public policies, regulations, legislation, and programs
2.15affecting advocates on behalf of and provides information and training about how to best
2.16serve persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing
2.17persons. An interdepartmental management team shall advise the activities of the Deaf and
2.18Hard-of-Hearing Services Division. The commissioner of human services shall coordinate
2.19the work of the interagency management team advisers and receive legislative appropriations
2.20for the division.

2.21    Sec. 37. Minnesota Statutes 2016, section 256C.233, subdivision 2, is amended to read:
2.22    Subd. 2. Responsibilities. The Deaf and Hard-of-Hearing Services Division shall:
2.23    (1) establish and maintain a statewide network of regional service centers culturally
2.24affirmative services for Minnesotans who are deaf, Minnesotans who are deafblind, and
2.25Minnesotans who are hard-of-hearing Minnesotans;
2.26    (2) assist work across divisions within the Departments Department of Human Services,
2.27Education, and Employment and Economic Development to coordinate the promulgation
2.28and implementation of public policies, regulations, legislation, programs, and services
2.29affecting as well as with other agencies and counties, to ensure that there is an understanding
2.30of:
2.31    (i) the communication challenges faced by persons who are deaf, persons who are
2.32deafblind, and persons who are hard-of-hearing persons;
3.1    (ii) the best practices for accommodating and mitigating communication challenges;
3.2and
3.3    (iii) the legal requirements for providing access to and effective communication with
3.4persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing; and
3.5    (3) provide a coordinated system of assess the supply and demand statewide interpreting
3.6or for interpreter referral services. and real-time captioning services, implement strategies
3.7to provide greater access to these services in areas without sufficient supply, and build the
3.8base of service providers across the state;
3.9    (4) maintain a statewide information resource that includes contact information and
3.10professional certification credentials of interpreting service providers and real-time captioning
3.11service providers;
3.12    (5) provide culturally affirmative mental health services to persons who are deaf, persons
3.13who are deafblind, and persons who are hard-of-hearing who:
3.14    (i) use a visual language such as American Sign Language or a tactile form of a language;
3.15or
3.16    (ii) otherwise need culturally affirmative therapeutic services;
3.17    (6) research and develop best practices and recommendations for emerging issues;
3.18    (7) provide as much information as practicable on the division's stand-alone Web site
3.19in American Sign Language; and
3.20    (8) report to the chairs and ranking minority members of the legislative committees with
3.21jurisdiction over human services biennially, beginning on January 1, 2019, on the following:
3.22    (i) the number of regional service center staff, the location of the office of each staff
3.23person, other service providers with which they are colocated, the number of people served
3.24by each staff person and a breakdown of whether each person was served on-site or off-site,
3.25and for those served off-site, a list of locations where services were delivered and the number
3.26who were served in-person and the number who were served via technology;
3.27    (ii) the amount and percentage of the division budget spent on reasonable
3.28accommodations for staff;
3.29    (iii) the number of people who use demonstration equipment and consumer evaluations
3.30of the experience;
4.1    (iv) the number of training sessions provided by division staff, the topics covered, the
4.2number of participants, and consumer evaluations, including a breakdown by delivery
4.3method such as in-person or via technology;
4.4    (v) the number of training sessions hosted at a division location provided by another
4.5service provider, the topics covered, the number of participants, and consumer evaluations,
4.6including a breakdown by delivery method such as in-person or via technology;
4.7    (vi) for each grant awarded, the amount awarded to the grantee and a summary of the
4.8grantee's results, including consumer evaluations of the services or products provided;
4.9    (vii) the number of people on waiting lists for any services provided by division staff
4.10or for services or equipment funded through grants awarded by the division;
4.11    (viii) the amount of time staff spent driving to appointments to deliver direct one-to-one
4.12client services in locations outside of the regional service centers; and
4.13    (ix) the regional needs and feedback on addressing service gaps identified by the advisory
4.14committees.

4.15    Sec. 38. Minnesota Statutes 2016, section 256C.24, subdivision 1, is amended to read:
4.16    Subdivision 1. Location. The Deaf and Hard-of-Hearing Services Division shall establish
4.17up to eight at least six regional service centers for persons who are deaf and persons who
4.18are hard-of-hearing persons. The centers shall be distributed regionally to provide access
4.19for persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing
4.20persons in all parts of the state.

4.21    Sec. 39. Minnesota Statutes 2016, section 256C.24, subdivision 2, is amended to read:
4.22    Subd. 2. Responsibilities. Each regional service center shall:
4.23    (1) serve as a central entry point for establish connections and collaborations and explore
4.24co-locating with other public and private entities providing services to persons who are
4.25deaf, persons who are deafblind, and persons who are hard-of-hearing persons in need of
4.26services and make referrals to the services needed in the region;
4.27    (2) for those in need of services, assist in coordinating services between service providers
4.28and persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing,
4.29and the persons' families, and make referrals to the services needed;
4.30    (2) (3) employ staff trained to work with persons who are deaf, persons who are deafblind,
4.31and persons who are hard-of-hearing persons;
5.1    (3) (4) if adequate services are not available from another public or private service
5.2provider in the region, provide to all individual assistance to persons who are deaf, persons
5.3who are deafblind, and persons who are hard-of-hearing persons access to interpreter services
5.4which are necessary to help them obtain services, and the persons' families. Individual
5.5culturally affirmative assistance may be provided using technology only in areas of the state
5.6where a person has access to sufficient quality telecommunications or broadband services
5.7to allow effective communication. When a person who is deaf, a person who is deafblind,
5.8or a person who is hard-of-hearing does not have access to sufficient telecommunications
5.9or broadband service, individual assistance shall be available in person;
5.10    (5) identify regional training needs, work with deaf and hard-of-hearing services training
5.11staff, and collaborate with others to deliver training for persons who are deaf, persons who
5.12are deafblind, and persons who are hard-of-hearing, and the persons' families, and other
5.13service providers about subjects including the persons' rights under the law, American Sign
5.14Language, and the impact of hearing loss and options for accommodating it;
5.15    (4) implement a plan to provide loaned equipment and resource materials to deaf,
5.16deafblind, and hard-of-hearing (6) have a mobile or permanent lab where persons who are
5.17deaf, persons who are deafblind, and persons who are hard-of-hearing can try a selection
5.18of modern assistive technology and equipment to determine what would best meet the
5.19persons' needs;
5.20    (5) cooperate with responsible departments and administrative authorities to provide
5.21access for deaf, deafblind, and hard-of-hearing persons to services provided by state, county,
5.22and regional agencies;
5.23    (6) (7) collaborate with the Resource Center for the Deaf and Hard-of-Hearing Persons,
5.24other divisions of the Department of Education, and local school districts to develop and
5.25deliver programs and services for families with children who are deaf, children who are
5.26deafblind, or children who are hard-of-hearing children and to support school personnel
5.27serving these children;
5.28    (7) when possible, (8) provide training to the social service or income maintenance staff
5.29employed by counties or by organizations with whom counties contract for services to
5.30ensure that communication barriers which prevent persons who are deaf, persons who are
5.31deafblind, and persons who are hard-of-hearing persons from using services are removed;
5.32    (8) when possible, (9) provide training to state and regional human service agencies in
5.33the region regarding program access for persons who are deaf, persons who are deafblind,
5.34and persons who are hard-of-hearing persons; and
6.1    (9) (10) assess the ongoing need and supply of services for persons who are deaf, persons
6.2who are deafblind, and persons who are hard-of-hearing persons in all parts of the state,
6.3annually consult with the division's advisory committees to identify regional needs and
6.4solicit feedback on addressing service gaps, and cooperate with public and private service
6.5providers to develop these services.;
6.6    (11) provide culturally affirmative mental health services to persons who are deaf,
6.7persons who are deafblind, and persons who are hard-of-hearing who:
6.8    (i) use a visual language such as American Sign Language or a tactile form of a language;
6.9or
6.10    (ii) otherwise need culturally affirmative therapeutic services; and
6.11    (12) establish partnerships with state and regional entities statewide that have the
6.12technological capacity to provide Minnesotans with virtual access to the division's services
6.13and division-sponsored training via technology.

6.14    Sec. 40. Minnesota Statutes 2016, section 256C.24, subdivision 3, is amended to read:
6.15    Subd. 3. Advisory committee. The director of the Deaf and Hard-of-Hearing Services
6.16Division shall appoint an advisory committee eight advisory committees of up to nine
6.17persons for each regional service area per advisory committee. Each committee shall represent
6.18a specific region of the state. The director shall determine the boundaries of each advisory
6.19committee region. The committees shall advise the director on the needs of persons who
6.20are deaf, persons who are deafblind, and persons who are hard-of-hearing and service gaps
6.21in the region of the state the committee represents. Members shall include persons who are
6.22deaf, persons who are deafblind, and persons who are hard-of-hearing, persons who have
6.23communication disabilities, parents of children who are deaf and parents of children who
6.24are hard-of-hearing, parents of children who have communication disabilities, and
6.25representatives of county and regional human services, including representatives of private
6.26service providers. At least 50 percent of the members must be deaf or deafblind or
6.27hard-of-hearing or have a communication disability. Committee members shall serve for a
6.28three-year term and shall serve no more than two consecutive terms, and may be appointed
6.29to consecutive terms. Each advisory committee shall elect a chair. The director of the Deaf
6.30and Hard-of-Hearing Services Division shall assign staff to serve as nonvoting members of
6.31the committee. Members shall not receive a per diem. Otherwise, the compensation, removal
6.32of members, and filling of vacancies on the committee shall be as provided in section
6.3315.0575 .

7.1    Sec. 41. Minnesota Statutes 2016, section 256C.261, is amended to read:
7.2256C.261 SERVICES FOR PERSONS WHO ARE DEAFBLIND PERSONS.
7.3    (a) The commissioner of human services shall combine the existing biennial base level
7.4funding for deafblind services into a single grant program. At least 35 percent of the total
7.5funding is awarded for services and other supports to deafblind children and their families
7.6and at least 25 percent is awarded for services and other supports to deafblind adults. use
7.7at least 35 percent of the deafblind services biennial base level grant funding for services
7.8and other supports for a child who is deafblind and the child's family. The commissioner
7.9shall use at least 25 percent of the deafblind services biennial base level grant funding for
7.10services and other supports for an adult who is deafblind.
7.11    The commissioner shall award grants for the purposes of:
7.12    (1) providing services and supports to individuals persons who are deafblind; and
7.13    (2) developing and providing training to counties and the network of senior citizen
7.14service providers. The purpose of the training grants is to teach counties how to use existing
7.15programs that capture federal financial participation to meet the needs of eligible persons
7.16who are deafblind persons and to build capacity of senior service programs to meet the
7.17needs of seniors with a dual sensory hearing and vision loss.
7.18    (b) The commissioner may make grants:
7.19    (1) for services and training provided by organizations; and
7.20    (2) to develop and administer consumer-directed services.
7.21    (c) Consumer-directed services shall be provided in whole by grant-funded providers.
7.22The deaf and hard-of-hearing regional service centers shall not provide any aspect of a
7.23grant-funded consumer-directed services program.
7.24    (c) (d) Any entity that is able to satisfy the grant criteria is eligible to receive a grant
7.25under paragraph (a).
7.26    (d) (e) Deafblind service providers may, but are not required to, provide intervenor
7.27services as part of the service package provided with grant funds under this section."
7.28Page 56, after line 15, insert:

7.29    "Sec. 49. DIRECTION TO COMMISSIONER; TELECOMMUNICATION
7.30EQUIPMENT PROGRAM.
7.31The commissioner of human services shall work in consultation with the Commission
7.32of Deaf, Deafblind, and Hard-of-Hearing Minnesotans to provide recommendations by
8.1January 15, 2018, to the chairs and ranking minority members of the house of representatives
8.2and senate committees with jurisdiction over human services to modernize the
8.3telecommunication equipment program. The recommendations must address:
8.4(1) types of equipment and supports the program should provide to ensure people with
8.5communication difficulties have equitable access to telecommunications services;
8.6(2) additional services the program should provide, such as education about technology
8.7options that can improve a person's access to telecommunications services; and
8.8(3) how the current program's service delivery structure might be improved to better
8.9meet the needs of people with communication disabilities.
8.10The commissioner shall also provide draft legislative language to accomplish the
8.11recommendations. Final recommendations, the final report, and draft legislative language
8.12must be approved by both the commissioner and the chair of the Commission of Deaf,
8.13Deafblind, and Hard-of-Hearing Minnesotans.

8.14    Sec. 50. DIRECTION TO COMMISSIONER; BILLING FOR MENTAL HEALTH
8.15SERVICES.
8.16By January 1, 2018, the commissioner of human services shall report to the chairs and
8.17ranking minority members of the house of representatives and senate committees with
8.18jurisdiction over deaf and hard-of-hearing services on the potential costs and benefits of the
8.19Deaf and Hard-of-Hearing Services Division billing for the cost of providing mental health
8.20services."
8.21Page 56, line 30, delete "study" and insert "evaluation"
8.22Page 57, line 5, delete everything after the period
8.23Page 57, delete lines 6 and 7
8.24Page 57, after line 25, insert:
8.25"(d) Minnesota Statutes 2016, sections 256C.23, subdivision 3; 256C.233, subdivision
8.264; and 256C.25, subdivisions 1 and 2, are repealed."
8.27Page 60, line 10, after the period, insert " When approving an exception under this
8.28paragraph, the commissioner shall consider the resource need determination process in
8.29paragraph (h), the availability of foster care licensed beds in the geographic area in which
8.30the licensee seeks to operate, the results of a person's choices during their annual assessment
8.31and service plan review, and the recommendation of the local county board. The
8.32determination by the commissioner is final and not subject to appeal."
9.1Page 60, line 27, delete the new language
9.2Page 60, delete lines 28 to 31
9.3Page 60, line 32, delete everything before the semicolon
9.4Page 63, line 5, strike everything after the period
9.5Page 63, lines 6 and 7, strike the old language and delete the new language
9.6Page 63, lines 8 and 9, strike the old language
9.7Page 96, line 7, reinstate the stricken language
9.8Page 96, line 8, reinstate the stricken language and delete the new language
9.9Page 96, line 18, reinstate the stricken language
9.10Page 96, line 19, reinstate the stricken language and delete the new language
9.11Page 150, delete section 50
9.12Page 172, line 5, delete "2018" and insert "2019"
9.13Page 190, line 24, delete "recipient's"
9.14Page 190, line 25, delete "of residence" and insert "providing the services"
9.15Page 197, after line 22, insert:
9.16"EFFECTIVE DATE.This section is effective January 1, 2018."
9.17Page 198, after line 25, insert:
9.18"EFFECTIVE DATE.This section is effective January 1, 2018, or upon federal
9.19approval, whichever is later."
9.20Page 201, line 21, after "payments" insert ", including the voluntary intergovernmental
9.21transfers,"
9.22Page 210, line 3, after "This" insert "rate"
9.23Page 210, line 4, delete "Payments" and insert "This rate increase does not apply to
9.24managed care plans and county-based purchasing plans."
9.25Page 210, delete lines 5 and 6
9.26Page 212, line 24, after "prosthetics" insert a comma, and strike ", and laboratory services"
9.27Page 220, line 9, delete "to verify eligibility"
10.1Page 227, line 21, after "report" insert ", and any medical and behavioral information
10.2available" and strike "promptly" and insert "at the time of admission of a patient" and after
10.3"the" insert "designated"
10.4Page 241, after line 14, insert:

10.5    "Sec. 14. Minnesota Statutes 2016, section 119B.09, subdivision 9a, is amended to read:
10.6    Subd. 9a. Child care centers; assistance. (a) For the purposes of this subdivision,
10.7"qualifying child" means a child who is not a child or dependent of an employee of the child
10.8care provider. A child care center may receive authorizations for 25 or fewer children who
10.9are dependents of the center's employees. If a child care center is authorized for more than
10.1025 children who are dependents of center employees, the county cannot authorize additional
10.11dependents of an employee until the number of children falls below 25.
10.12    (b) Funds distributed under this chapter must not be paid for child care services that are
10.13provided for a child or dependent of an employee under paragraph (a) unless at all times at
10.14least 50 percent of the children for whom the child care provider is providing care are
10.15qualifying children under paragraph (a).
10.16    (c) If a child care provider satisfies the requirements for payment under paragraph (b),
10.17but the percentage of qualifying children under paragraph (a) for whom the provider is
10.18providing care falls below 50 percent, the provider shall have four weeks to raise the
10.19percentage of qualifying children for whom the provider is providing care to at least 50
10.20percent before payments to the provider are discontinued for child care services provided
10.21for a child who is not a qualifying child.
10.22    (d) This subdivision shall be implemented as follows:
10.23    (1) no later than August 1, 2014, the commissioner shall issue a notice to providers who
10.24have been identified as ineligible for funds distributed under this chapter as described in
10.25paragraph (b); and
10.26    (2) no later than January 5, 2015, payments to providers who do not comply with
10.27paragraph (c) will be discontinued for child care services provided for children who are not
10.28qualifying children.
10.29    (e) If a child's authorization for child care assistance is terminated under this subdivision,
10.30the county shall send a notice of adverse action to the provider and to the child's parent or
10.31guardian, including information on the right to appeal, under Minnesota Rules, part
10.323400.0185.
11.1    (f) (b) Funds paid to providers during the period of time between the issuance of a notice
11.2under paragraph (d), clause (1), and discontinuation of payments under paragraph (d), clause
11.3(2), when a center is authorized for more than 25 children who are dependents of center
11.4employees must not be treated as overpayments under section 119B.11, subdivision 2a, due
11.5to noncompliance with this subdivision.
11.6    (g) (c) Nothing in this subdivision precludes the commissioner from conducting fraud
11.7investigations relating to child care assistance, imposing sanctions, and obtaining monetary
11.8recovery as otherwise provided by law.
11.9EFFECTIVE DATE.This section is effective April 23, 2018."
11.10Page 331, line 20, delete "2018" and insert "2019"
11.11Page 331, line 29, delete "245G.22" and insert "245G.21"
11.12Page 384, lines 1 and 2, delete "2019" and insert "2020"
11.13Page 397, line 31, delete "2019" and insert "2020"
11.14Page 398, line 1, delete "2019" and insert "2020"
11.15Page 399, after line 3, insert:

11.16    "Sec. 69. Minnesota Statutes 2016, section 144A.474, subdivision 11, is amended to read:
11.17    Subd. 11. Fines. (a) Fines and enforcement actions under this subdivision may be assessed
11.18based on the level and scope of the violations described in paragraph (c) as follows:
11.19    (1) Level 1, no fines or enforcement;
11.20    (2) Level 2, fines ranging from $0 to $500, in addition to any of the enforcement
11.21mechanisms authorized in section 144A.475 for widespread violations;
11.22    (3) Level 3, fines ranging from $500 to $1,000, in addition to any of the enforcement
11.23mechanisms authorized in section 144A.475; and
11.24    (4) Level 4, fines ranging from $1,000 to $5,000, in addition to any of the enforcement
11.25mechanisms authorized in section 144A.475.
11.26    (b) Correction orders for violations are categorized by both level and scope and fines
11.27shall be assessed as follows:
11.28    (1) level of violation:
11.29    (i) Level 1 is a violation that has no potential to cause more than a minimal impact on
11.30the client and does not affect health or safety;
12.1    (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
12.2to have harmed a client's health or safety, but was not likely to cause serious injury,
12.3impairment, or death;
12.4    (iii) Level 3 is a violation that harmed a client's health or safety, not including serious
12.5injury, impairment, or death, or a violation that has the potential to lead to serious injury,
12.6impairment, or death; and
12.7    (iv) Level 4 is a violation that results in serious injury, impairment, or death.
12.8    (2) scope of violation:
12.9    (i) isolated, when one or a limited number of clients are affected or one or a limited
12.10number of staff are involved or the situation has occurred only occasionally;
12.11    (ii) pattern, when more than a limited number of clients are affected, more than a limited
12.12number of staff are involved, or the situation has occurred repeatedly but is not found to be
12.13pervasive; and
12.14    (iii) widespread, when problems are pervasive or represent a systemic failure that has
12.15affected or has the potential to affect a large portion or all of the clients.
12.16    (c) If the commissioner finds that the applicant or a home care provider required to be
12.17licensed under sections 144A.43 to 144A.482 has not corrected violations by the date
12.18specified in the correction order or conditional license resulting from a survey or complaint
12.19investigation, the commissioner may impose a fine. A notice of noncompliance with a
12.20correction order must be mailed to the applicant's or provider's last known address. The
12.21noncompliance notice must list the violations not corrected.
12.22    (d) The license holder must pay the fines assessed on or before the payment date specified.
12.23If the license holder fails to fully comply with the order, the commissioner may issue a
12.24second fine or suspend the license until the license holder complies by paying the fine. A
12.25timely appeal shall stay payment of the fine until the commissioner issues a final order.
12.26    (e) A license holder shall promptly notify the commissioner in writing when a violation
12.27specified in the order is corrected. If upon reinspection the commissioner determines that
12.28a violation has not been corrected as indicated by the order, the commissioner may issue a
12.29second fine. The commissioner shall notify the license holder by mail to the last known
12.30address in the licensing record that a second fine has been assessed. The license holder may
12.31appeal the second fine as provided under this subdivision.
12.32    (f) A home care provider that has been assessed a fine under this subdivision has a right
12.33to a reconsideration or a hearing under this section and chapter 14.
13.1    (g) When a fine has been assessed, the license holder may not avoid payment by closing,
13.2selling, or otherwise transferring the licensed program to a third party. In such an event, the
13.3license holder shall be liable for payment of the fine.
13.4    (h) In addition to any fine imposed under this section, the commissioner may assess
13.5costs related to an investigation that results in a final order assessing a fine or other
13.6enforcement action authorized by this chapter.
13.7    (i) Fines collected under this subdivision shall be deposited in the state government
13.8special revenue fund and credited to an account separate from the revenue collected under
13.9section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines
13.10collected may must be used by the commissioner for special projects to improve home care
13.11in Minnesota as recommended by the advisory council established in section 144A.4799."
13.12Page 428, line 26, delete "shall" and insert "may"
13.13Page 549, after line 15, insert:

13.14    "Sec. 7. Minnesota Statutes 2016, section 245A.40, subdivision 1, is amended to read:
13.15    Subdivision 1. Orientation. The child care center license holder must ensure that every
13.16staff person and volunteer is given orientation training and successfully completes the
13.17training before starting assigned duties. The orientation training in this subdivision applies
13.18to volunteers who will have direct contact with or access to children and who are not under
13.19the direct supervision of a staff person. Completion of the orientation must be documented
13.20in the individual's personnel record. The orientation training must include information about:
13.21    (1) the center's philosophy, child care program, and procedures for maintaining health
13.22and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling
13.23emergencies and accidents according to Minnesota Rules, part 9503.0110;
13.24    (2) specific job responsibilities;
13.25    (3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and
13.26    (4) the reporting responsibilities in section 626.556, and Minnesota Rules, part 9503.0130.
13.27EFFECTIVE DATE.This section is effective August 1, 2017.

13.28    Sec. 8. Minnesota Statutes 2016, section 245A.40, subdivision 2, is amended to read:
13.29    Subd. 2. Child growth and development and learning training. (a) For purposes of
13.30child care centers, the director and all staff hired after July 1, 2006, shall complete and
13.31document at least two hours of child growth and development and learning training within
13.32the first year 90 days of employment. For purposes of this subdivision, "child growth and
14.1development and learning training" means training in understanding how children acquire
14.2language and develop physically, cognitively, emotionally, and socially and learn as part
14.3of the children's family, culture, and community. Training completed under this subdivision
14.4may be used to meet the orientation training requirements under subdivision 1 and the
14.5in-service training requirements under subdivision 7.
14.6    (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:
14.7    (1) have taken a three-credit college course on early childhood development within the
14.8past five years;
14.9    (2) have received a baccalaureate or master's degree in early childhood education or
14.10school-age child care within the past five years;
14.11    (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
14.12a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood
14.13special education teacher, or an elementary teacher with a kindergarten endorsement; or
14.14    (4) have received a baccalaureate degree with a Montessori certificate within the past
14.15five years.
14.16EFFECTIVE DATE.This section is effective August 1, 2017.

14.17    Sec. 9. Minnesota Statutes 2016, section 245A.40, subdivision 3, is amended to read:
14.18    Subd. 3. First aid. (a) All teachers and assistant teachers in a child care center governed
14.19by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person during
14.20field trips and when transporting children in care, must satisfactorily complete pediatric
14.21first aid training within 90 days of the start of work, unless the training has been completed
14.22within the previous three two years.
14.23    (b) Notwithstanding paragraph (a), which allows 90 days to complete training, at least
14.24one staff person who has satisfactorily completed pediatric first aid training must be present
14.25at all times in the center, during field trips, and when transporting children in care.
14.26    (c) The pediatric first aid training must be repeated at least every three two years,
14.27documented in the person's personnel record and indicated on the center's staffing chart,
14.28and provided by an individual approved as a first aid instructor. This training may be less
14.29than eight hours.
14.30EFFECTIVE DATE.This section is effective August 1, 2017.

15.1    Sec. 10. Minnesota Statutes 2016, section 245A.40, subdivision 4, is amended to read:
15.2    Subd. 4. Cardiopulmonary resuscitation. (a) All teachers and assistant teachers in a
15.3child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least
15.4one staff person during field trips and when transporting children in care, must satisfactorily
15.5complete training in cardiopulmonary resuscitation (CPR) that includes CPR techniques
15.6for infants and children and in the treatment of obstructed airways. The CPR training must
15.7be completed within 90 days of the start of work, unless the training has been completed
15.8within the previous three two years. The CPR training must have been provided by an
15.9individual approved to provide CPR instruction, must be repeated at least once every three
15.10two years, and must be documented in the staff person's records.
15.11    (b) Notwithstanding paragraph (a), which allows 90 days to complete training, at least
15.12one staff person who has satisfactorily completed cardiopulmonary resuscitation training
15.13must be present at all times in the center, during field trips, and when transporting children
15.14in care.
15.15    (c) CPR training may be provided for less than four hours.
15.16    (d) Persons providing CPR training must use CPR training that has been developed:
15.17    (1) by the American Heart Association or the American Red Cross and incorporates
15.18psychomotor skills to support the instruction; or
15.19    (2) using nationally recognized, evidence-based guidelines for CPR and incorporates
15.20psychomotor skills to support the instruction.
15.21EFFECTIVE DATE.This section is effective August 1, 2017.

15.22    Sec. 11. Minnesota Statutes 2016, section 245A.40, subdivision 7, is amended to read:
15.23    Subd. 7. In-service. (a) A license holder must ensure that an annual in-service training
15.24plan is developed and carried out and that it meets the requirements in clauses (1) to (7).
15.25The in-service training plan must: the center director and all staff who have direct contact
15.26with a child complete annual in-service training. In-service training requirements must be
15.27met by a staff person's participation in the following training areas:
15.28    (1) be consistent with the center's child care program plan;
15.29    (2) meet the training needs of individual staff persons as specified in each staff person's
15.30annual evaluation report;
15.31    (3) provide training, at least one-fourth of which is by a resource not affiliated with the
15.32license holder;
16.1    (4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff person's
16.2position and must occur within two weeks of initial employment;
16.3    (5) provide that at least one-half of the annual in-service training completed by a staff
16.4person each year pertains to the age of children for which the person is providing care;
16.5    (6) provide that no more than four hours of each annual in-service training requirement
16.6relate to administration, finances, and records training for a teacher, assistant teacher, or
16.7aide; and
16.8    (7) provide that the remainder of the in-service training requirement be met by
16.9participation in training in child growth and development; learning environment and
16.10curriculum; assessment and planning for individual needs; interactions with children; families
16.11and communities; health, safety, and nutrition; and program planning and evaluation.
16.12    (1) child development and learning;
16.13    (2) developmentally appropriate learning experiences;
16.14    (3) relationships with families;
16.15    (4) assessment, evaluation, and individualization;
16.16    (5) historical and contemporary development of early childhood education;
16.17    (6) professionalism; and
16.18    (7) health, safety, and nutrition.
16.19    (b) For purposes of this subdivision, the following terms have the meanings given them.
16.20    (1) "Child growth and development and learning training" has the meaning given it in
16.21subdivision 2, paragraph (a).
16.22    (2) "Learning environment and curriculum" means training in establishing an environment
16.23that provides learning experiences to meet each child's needs, capabilities, and interests,
16.24including early childhood education methods or theory, recreation, sports, promoting
16.25creativity in the arts, arts and crafts methods or theory, and early childhood special education
16.26methods or theory.
16.27    (3) "Assessment and planning for individual needs" means training in observing and
16.28assessing what children know and can do in order to provide curriculum and instruction
16.29that addresses their developmental and learning needs, including children with special needs.
17.1    (4) "Interactions with children" means training in establishing supportive relationships
17.2with children and guiding them as individuals and as part of a group, including child study
17.3techniques and behavior guidance.
17.4    (5) "Families and communities" means training in working collaboratively with families,
17.5agencies, and organizations to meet children's needs and to encourage the community's
17.6involvement, including family studies and parent involvement.
17.7    (6) "Health, safety, and nutrition" means training in establishing and maintaining an
17.8environment that ensures children's health, safety, and nourishment, including first aid,
17.9cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention.
17.10    (7) "Program planning and evaluation" means training in establishing, implementing,
17.11evaluating, and enhancing program operations.
17.12    (2) "Developmentally appropriate learning experiences" means creating positive learning
17.13experiences, promoting cognitive development, promoting social and emotional development,
17.14promoting physical development, and promoting creative development.
17.15    (3) "Relationships with families" means training on building a positive, respectful
17.16relationship with the child's family.
17.17    (4) "Assessment, evaluation, and individualization" means training in observing,
17.18recording, and assessing development; assessing and using information to plan; and assessing
17.19and using information to enhance and maintain program quality.
17.20    (5) "Historical and contemporary development of early childhood education" means
17.21training in past and current practices in early childhood education and how current events
17.22and issues affect children, families, and programs.
17.23    (6) "Professionalism" means training in knowledge, skills, and abilities that promote
17.24ongoing professional development.
17.25    (7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
17.26safety, and providing healthy nutrition.
17.27    (c) The director and all program staff persons must annually complete a number of hours
17.28of in-service training equal to at least two percent of the hours for which the director or
17.29program staff person is annually paid, unless one of the following is applicable.
17.30    (1) A teacher at a child care center must complete one percent of working hours of
17.31in-service training annually if the teacher:
18.1    (i) possesses a baccalaureate or master's degree in early childhood education or school-age
18.2care;
18.3    (ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
18.4a kindergarten to sixth grade teacher with a prekindergarten specialty, an early childhood
18.5special education teacher, or an elementary teacher with a kindergarten endorsement; or
18.6    (iii) possesses a baccalaureate degree with a Montessori certificate.
18.7    (2) A teacher or assistant teacher at a child care center must complete one and one-half
18.8percent of working hours of in-service training annually if the individual is:
18.9    (i) a registered nurse or licensed practical nurse with experience working with infants;
18.10    (ii) possesses a Montessori certificate, a technical college certificate in early childhood
18.11development, or a child development associate certificate; or
18.12    (iii) possesses an associate of arts degree in early childhood education, a baccalaureate
18.13degree in child development, or a technical college diploma in early childhood development.
18.14    (d) The number of required training hours may be prorated for individuals not employed
18.15full time or for an entire year.
18.16    (e) The annual in-service training must be completed within the calendar year for which
18.17it was required. In-service training completed by staff persons is transferable upon a staff
18.18person's change in employment to another child care program.
18.19    (f) The license holder must ensure that, when a staff person completes in-service training,
18.20the training is documented in the staff person's personnel record. The documentation must
18.21include the date training was completed, the goal of the training and topics covered, trainer's
18.22name and organizational affiliation, trainer's signed statement that training was successfully
18.23completed, and the director's approval of the training.
18.24EFFECTIVE DATE.This section is effective August 1, 2017."
18.25Page 551, after line 28, insert:
18.26"EFFECTIVE DATE.This section is effective August 1, 2017."
18.27Page 551, after line 28, insert:

18.28    "Sec. 14. Minnesota Statutes 2016, section 245A.50, subdivision 2, is amended to read:
18.29    Subd. 2. Child growth and development and learning and behavior guidance
18.30training. (a) For purposes of family and group family child care, the license holder and
18.31each adult caregiver who provides care in the licensed setting for more than 30 days in any
18.3212-month period shall complete and document at least four hours of child growth and
19.1development learning and behavior guidance training prior to initial licensure, and before
19.2caring for children. For purposes of this subdivision, "child growth and development and
19.3learning training" means training in understanding how children acquire language and
19.4develop physically, cognitively, emotionally, and socially and learn as part of the children's
19.5family, culture, and community. "Behavior guidance training" means training in the
19.6understanding of the functions of child behavior and strategies for managing challenging
19.7situations. At least two hours of child growth and development and learning or behavior
19.8guidance training must be repeated annually. Training curriculum shall be developed or
19.9approved by the commissioner of human services by January 1, 2014.
19.10    (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:
19.11    (1) have taken a three-credit course on early childhood development within the past five
19.12years;
19.13    (2) have received a baccalaureate or master's degree in early childhood education or
19.14school-age child care within the past five years;
19.15    (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
19.16a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special
19.17education teacher, or an elementary teacher with a kindergarten endorsement; or
19.18    (4) have received a baccalaureate degree with a Montessori certificate within the past
19.19five years.
19.20EFFECTIVE DATE.This section is effective August 1, 2017.

19.21    Sec. 15. Minnesota Statutes 2016, section 245A.50, subdivision 7, is amended to read:
19.22    Subd. 7. Training requirements for family and group family child care. For purposes
19.23of family and group family child care, the license holder and each primary caregiver must
19.24complete 16 hours of ongoing training each year. For purposes of this subdivision, a primary
19.25caregiver is an adult caregiver who provides services in the licensed setting for more than
19.2630 days in any 12-month period. Repeat of topical training requirements in subdivisions 2
19.27to 8 shall count toward the annual 16-hour training requirement. Additional ongoing training
19.28subjects to meet the annual 16-hour training requirement must be selected from the following
19.29areas:
19.30    (1) child growth and development and learning training under subdivision 2, paragraph
19.31(a);
20.1    (2) learning environment and curriculum, including training in establishing an
20.2environment and providing activities that provide learning experiences to meet each child's
20.3needs, capabilities, and interests;
20.4    (3) assessment and planning for individual needs, including training in observing and
20.5assessing what children know and can do in order to provide curriculum and instruction
20.6that addresses their developmental and learning needs, including children with special needs
20.7and bilingual children or children for whom English is not their primary language;
20.8    (4) interactions with children, including training in establishing supportive relationships
20.9with children, guiding them as individuals and as part of a group;
20.10    (5) families and communities, including training in working collaboratively with families
20.11and agencies or organizations to meet children's needs and to encourage the community's
20.12involvement;
20.13    (6) health, safety, and nutrition, including training in establishing and maintaining an
20.14environment that ensures children's health, safety, and nourishment, including child abuse,
20.15maltreatment, prevention, and reporting; home and fire safety; child injury prevention;
20.16communicable disease prevention and control; first aid; and CPR;
20.17    (7) program planning and evaluation, including training in establishing, implementing,
20.18evaluating, and enhancing program operations; and
20.19    (8) behavior guidance, including training in the understanding of the functions of child
20.20behavior and strategies for managing behavior.
20.21    (2) developmentally appropriate learning experiences, including training in creating
20.22positive learning experiences, promoting cognitive development, promoting social and
20.23emotional development, promoting physical development, promoting creative development;
20.24and behavior guidance;
20.25    (3) relationships with families, including training in building a positive, respectful
20.26relationship with the child's family;
20.27    (4) assessment, evaluation, and individualization, including training in observing,
20.28recording, and assessing development; assessing and using information to plan; and assessing
20.29and using information to enhance and maintain program quality;
20.30    (5) historical and contemporary development of early childhood education, including
20.31training in past and current practices in early childhood education and how current events
20.32and issues affect children, families, and programs;
21.1    (6) professionalism, including training in knowledge, skills, and abilities that promote
21.2ongoing professional development; and
21.3    (7) health, safety, and nutrition, including training in establishing healthy practices;
21.4ensuring safety; and providing healthy nutrition.
21.5EFFECTIVE DATE.This section is effective August 1, 2017.

21.6    Sec. 16. Minnesota Statutes 2016, section 245A.50, subdivision 9, is amended to read:
21.7    Subd. 9. Supervising for safety; training requirement. Effective July 1, 2014 (a)
21.8Before initial licensure and before caring for a child, all family child care license holders
21.9and each adult caregiver who provides care in the licensed family child care home for more
21.10than 30 days in any 12-month period shall complete and document at least six hours of
21.11approved training on supervising for safety prior to initial licensure, and before caring for
21.12children. At least two hours of training on supervising for safety must be repeated annually.
21.13For purposes of this subdivision, "supervising for safety" includes supervision basics,
21.14supervision outdoors, equipment and materials, illness, injuries, and disaster preparedness.
21.15The commissioner shall develop the supervising for safety curriculum by January 1, 2014.
21.16the completion of the six-hour Supervising for Safety for Family Child Care course developed
21.17by the commissioner.
21.18    (b) The family child care license holder and each adult caregiver who provides care in
21.19the licensed family child care home for more than 30 days in any 12-month period shall
21.20complete and document:
21.21    (1) the annual completion of a two-hour active supervision course developed by the
21.22commissioner; and
21.23    (2) the completion at least once every five years of the two-hour courses Health and
21.24Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either
21.25training in a given year meets the annual active supervision training requirement in clause
21.26(1)."
21.27Page 557, after line 11, insert:
21.28    "(l) Before and after school programs authorized under chapter 119B, are exempt from
21.29the background study requirements under section123B.03, or an employee for whom a
21.30background study under this chapter has been completed."
21.31Page 561, line 32, delete the period, and insert a comma
21.32Page 564, line 4, delete the new language and insert a comma
22.1Page 564, delete line 5
22.2Page 564, line 6, delete the new language and after the comma, insert ", child care centers,
22.3certified license-exempt child care centers, and legal nonlicensed child care authorized
22.4under chapter 119B,"
22.5Page 564, line 15, delete "$30" and insert "$40"
22.6Page 573, line 30, delete the second "center"
22.7Page 580, lines 19 and 25, delete everything after "effective" and insert "August 1, 2017."
22.8Page 581, lines 12 and 28, delete everything after "effective" and insert "August 1, 2017."
22.9Page 582, line 9, delete everything after "effective" and insert "August 1, 2017."
22.10Page 583, lines 5 and 17, delete everything after "effective" and insert "August 1, 2017."
22.11Page 584, line 21, delete everything after "effective" and insert "August 1, 2017."
22.12Page 586, line 1, delete everything after "effective" and insert "August 1, 2017."
22.13Page 589, line 14, delete everything after "effective" and insert "August 1, 2017."
22.14Page 597, line 22, delete everything after "effective" and insert "August 1, 2017."
22.15Page 598, line 24, delete everything after "effective" and insert "August 1, 2017."
22.16Page 599, delete line 11
22.17Page 600, line 9, delete everything after "effective" and insert "August 1, 2017."
22.18Page 601, line 32, delete everything after "effective" and insert "August 1, 2017."
22.19Page 604, line 12, delete everything after "effective" and insert "August 1, 2017."
22.20Page 605, line 7, delete everything after "effective" and insert "August 1, 2017."
22.21Page 608, line 1, delete everything after "effective" and insert "August 1, 2017."
22.22Page 608, after line 1, insert:

22.23    "Sec. 68. REVISOR'S INSTRUCTION.
22.24    The revisor of statutes shall change all Minnesota Statutes, chapter 245G, references in
22.25this article to chapter 245H."
22.26Page 610, line 1, delete "7,550,197,000" and insert "7,548,395,000" and delete
22.27"7,656,412,000" and insert "7,654,331,000"
22.28Page 610, line 8, delete "278,051,000" and insert "276,249,000" and delete "268,985,000"
22.29and insert "266,904,000"
23.1Page 617, line 8, after the period, insert "Starting in fiscal year 2019, 20 percent of this
23.2appropriation each year must be used for technology improvements, technology support,
23.3and training for staff on the use of technology for external facing services to implement
23.4Minnesota Statutes, section 256C.24, subdivision 2, clause (12)."
23.5Page 618, line 16, after the period, insert "The base for this purpose is $293,000 in fiscal
23.6year 2020 and $293,000 in fiscal year 2021."
23.7Page 618, after line 24, insert:
23.8"(h) Waiver Consolidation Study. $110,000
23.9in fiscal year 2018 and $140,000 in fiscal year
23.102019 are to conduct a study on consolidating
23.11the four disability home and community-based
23.12services waivers into one program. The
23.13commissioner of human services shall submit
23.14recommendations to the chairs and ranking
23.15minority members of the legislative
23.16committees with oversight over health and
23.17human services by January 15, 2019. This is
23.18a onetime appropriation."
23.19Page 618, line 25, delete "(h)" and insert "(i)"
23.20Page 620, line 6, delete "5,174,539,000" and insert "5,174,139,000" and delete
23.21"5,172,692,000" and insert "5,172,292,000"
23.22Page 620, line 34, delete everything after "to"
23.23Page 620, line 35, delete "in" and after "(1)" insert ", and subdivision 7, paragraph (f)"
23.24Page 626, line 13, delete "grant allocations" and insert "grants"
23.25Page 628, line 9, delete "5,119,000" and insert "5,519,000" and delete "3,711,000" and
23.26insert "4,111,000"
23.27Page 628, line 11, before "Chronic" insert "(a)"
23.28Page 628, after line 19, insert:
23.29"(b) Health Care Grants. $400,000 in fiscal
23.30year 2018 and $400,000 in fiscal year 2019
23.31are for the substance use disorder and provider
23.32capacity grant program. This is a onetime
23.33appropriation.
24.1(c) Base Level Adjustment. The general fund
24.2base is $3,711,000 in fiscal year 2020 and
24.3$3,711,000 in fiscal year 2021."
24.4Page 629, delete lines 33 to 35
24.5Page 630, delete lines 1 to 10 and insert:
24.6"The funds must be used to provide:
24.7(1) services to Minnesotans who are deafblind
24.8under Minnesota Statutes, section 256C.261;
24.9(2) linguistically and culturally appropriate
24.10mental health services to children who are
24.11deaf, children who are deafblind, and children
24.12who are hard-of-hearing;
24.13(3) an increase in the fiscal year 2017 base
24.14level grant amount to provide mentors who
24.15have hearing loss to parents of infants and
24.16children with newly identified hearing loss;
24.17and
24.18(4) training each year in ProTactile American
24.19Sign Language or other communication
24.20systems used by people who are deafblind.
24.21Training shall be provided to persons who are
24.22deafblind and to interpreters, support service
24.23providers, and intervenors who work with
24.24persons who are deafblind.
24.25The funds may be used to provide culturally
24.26affirmative psychiatric services."
24.27Page 641, line 11, after "base" insert "is $109,828,000" and delete the second "is
24.28$109,828,000"
24.29Page 641, line 25, delete "86,186,000" and insert "84,384,000" and delete "86,339,000"
24.30and insert "84,258,000"
24.31Page 649, line 9, delete "25,002,000" and insert "24,996,000" and delete "23,295,000"
24.32and insert "23,189,000"
25.1Page 649, line 25, delete "5,193,000" and insert "5,207,000" and delete "5,329,000" and
25.2insert "5,243,000"
25.3Page 652, line 5, delete "521,000" and insert "507,000" and delete "522,000" and insert
25.4"508,000"
25.5Page 652, line 9, delete "204,000" and insert "198,000" and delete "204,000" and insert
25.6"198,000"
25.7Correct the subdivision and section totals and the appropriations by fund
25.8Renumber the sections in sequence and correct the internal references
25.9Amend the title accordingly
25.10The motion prevailed. #did not prevail. So the amendment was #not adopted.