STATE OF
EIGHTY-FOURTH SESSION - 2006
_____________________
ONE HUNDRED ELEVENTH DAY
The House of Representatives convened at
11:00 a.m. and was called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie
E. Titus, House Chaplain.
The members of the House gave the pledge
of allegiance to the flag of the
The roll was called and the following
members were present:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Anderson, I., was excused.
Goodwin was excused until 12:30 p.m. Nelson, M., was excused until 3:05 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Meslow
moved that further reading of the Journal be suspended and that the Journal be
approved as corrected by the Chief Clerk.
The motion prevailed.
PETITIONS
AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 16, 2006
The Honorable
Steve Sviggum
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Sviggum:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3670, relating to
agriculture; changing certain food law provisions.
H. F. No. 2697, relating to
traffic regulations; authorizing use of communications headset by firefighters
operating fire department emergency vehicle in emergency.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to inform you that the following
enrolled Acts of the 2006 Session of the State Legislature have been received
from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2006 |
Date Filed 2006 |
1287 202 4:45
p.m. May 16 May
17
3670 203 4:57 p.m. May 16 May 17
2883 207 4:53
p.m. May 16 May
17
2697 208 5:00 p.m. May 16 May 17
1039 211 4:50
p.m. May 16 May
17
Sincerely,
Mary
Kiffmeyer
Secretary
of State
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House File was introduced:
Sertich and Rukavina introduced:
H. F. No. 4220, A bill for an act relating
to taconite production taxation; modifying the uses of the taconite economic
development fund; amending Minnesota Statutes 2004, section 298.227.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House Files, herewith returned:
H. F. No. 3472, A bill for an
act relating to transportation; amending definition of recreational vehicle
combination; amending Minnesota Statutes 2005 Supplement, sections 169.01,
subdivision 78; 169.81, subdivision 3c.
H. F. No. 3288, A bill for an act relating
to public safety; making the chair of the Metropolitan Council or designee a
member of the Statewide Radio Board; amending Minnesota Statutes 2005
Supplement, section 403.36, subdivision 1.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 3116, A bill for an act relating
to game and fish; restricting the use of four by four trucks on certain public
lands; modifying critical habitat private sector matching account provisions;
providing definitions; providing for and modifying disposition of certain
revenue; modifying provisions for designating game refuges; modifying restrictions
on motorized watercraft and recreational vehicles in wildlife management areas;
providing for inspection of equipment used to take wild animals; modifying
certain penalty and fee amounts; modifying certain game and fish license
provisions; authorizing the marking of canoe and boating routes; modifying
firearms possession provisions for persons under 16; providing for collecting
antler sheds; modifying firearms safety course requirements; modifying certain
provisions for taking and possessing game and fish; modifying restrictions on
using lights to locate animals; modifying provisions for fishing contests;
authorizing county bounties on coyotes; providing for a moratorium on use of
public waters for aquaculture; modifying regulation of all-terrain vehicles;
creating two classes of all-terrain vehicles; requiring rulemaking; removing a
spearing restriction; appropriating money; amending Minnesota Statutes 2004,
sections 84.803, subdivision 2; 84.92, subdivision 8, by adding subdivisions;
84.928, by adding a subdivision; 84.943, subdivision 3; 85.32, subdivision 1;
97A.015, by adding subdivisions; 97A.055, subdivision 2; 97A.065, subdivision
2; 97A.075, subdivision 1; 97A.085, subdivision 4; 97A.101, subdivision 4;
97A.251, subdivision 1; 97A.321; 97A.465, by adding a subdivision; 97A.475,
subdivision 2; 97A.535, subdivision 1; 97B.015, by adding a subdivision;
97B.021, subdivision 1, by adding a subdivision; 97B.081, subdivision 1;
97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9;
97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions
3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1;
84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision 4;
97A.475, subdivision 3; 97A.551, subdivision 6; 197.65; proposing coding for
new law in Minnesota Statutes, chapters 84; 97B; 348; repealing Minnesota
Statutes 2004, section 97C.355, subdivision 6; Minnesota Rules, part 6264.0400,
subpart 8, item H.
The Senate has appointed as such
committee:
Senators Saxhaug, Kubly and Jungbauer.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
The Speaker called Davids to the Chair.
Mr. Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 3199, A bill for an act relating
to family law; changing certain child support and maintenance provisions;
amending Minnesota Statutes 2004, sections 518.175, subdivision 1; 518.551,
subdivision 6, by adding a subdivision; 518.5513, subdivision 3; Minnesota
Statutes 2005 Supplement, section 518.005, subdivision 6; Laws 2005, chapter
164, sections 4; 5; 8; 9; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 20; 21;
22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26,
subdivision 2, as amended; 31; 32; proposing coding for new law in Minnesota
Statutes, chapter 518; repealing Minnesota Statutes 2004, section 518.54,
subdivision 6; Laws 2005, chapter 164, section 12.
The Senate respectfully requests that a
Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators Neuville, Betzold and Skoglund.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary
of the Senate
Smith moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 3199. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3451, A bill for an act relating
to governmental operations; regulating certain historic properties; providing
standards for dedication of land to the public in a proposed development;
authorizing a dedication fee on certain new housing units; authorizing the
conveyance of certain surplus state lands; requiring a study and report;
removing a route from the trunk highway system; amending Minnesota Statutes
2004, section 462.358, subdivision 2b; proposing coding for new law in
Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2004, section
161.115, subdivisions 173, 225.
Patrick E. Flahaven, Secretary
of the Senate
Anderson, B., moved that the House refuse
to concur in the Senate amendments to H. F. No. 3451, that the
Speaker appoint a Conference Committee of 3 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3995, A bill for an act relating to claims against
the state; providing for settlement of various claims; appropriating
money.
Patrick E. Flahaven, Secretary
of the Senate
CONCURRENCE AND REPASSAGE
Anderson, B., moved that the House concur
in the Senate amendments to H. F. No. 3995 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3995, A bill for an act relating to claims against the state; providing for settlement of various claims; appropriating money.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 128 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Krinkie
Olson
The bill was repassed, as amended by the
Senate, and its title agreed to.
The following Conference Committee Reports
were received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 3185
A bill for an act relating to high
pressure piping; classifying data relating to bioprocess piping and equipment
as nonpublic; including bioprocess piping in the definition of high pressure
piping; amending Minnesota Statutes 2004, sections 16B.61, subdivisions 2, 3;
326.461, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 13.
May 18, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F. No. 3185 report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments.
We request the adoption of this report and repassage of the
bill.
House Conferees:
Tim Mahoney, Dean Simpson and Tim
Wilkin.
Senate Conferees:
Linda Scheid, Michael J.
Jungbauer and Thomas M. Bakk.
Mahoney moved that the report of the
Conference Committee on H. F. No. 3185 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3185, A bill for an act relating
to high pressure piping; classifying data relating to bioprocess piping and
equipment as nonpublic; including bioprocess piping in the definition of high
pressure piping; amending Minnesota Statutes 2004, sections 16B.61,
subdivisions 2, 3; 326.461, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 13.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by
Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 3779
A bill
for an act relating to adults-only businesses; requiring notice by certified
mail to the appropriate statutory or home-rule charter city under certain
circumstances; proposing coding for new law in Minnesota Statutes, chapter 617.
May 18, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F. No. 3779 report that
we have agreed upon the items in dispute and recommend as follows:
That
the House concur in the Senate amendments and that H. F. No. 3779 be further
amended as follows:
Page 2, line 10, delete "sexually oriented
entertainment; and" and insert "nudity;"
Page 2, line 11, delete the period and insert "; and"
Page 2, after line 11, insert:
"(3) nudity has the meaning given in section 617.292,
subdivision 3."
Page 2, line 12, delete "city" and insert
"local government unit"
Page 2, line 18, after the period, insert "If the
adult entertainment establishment is proposed to be located outside the
boundaries of a statutory or home rule charter city the notice must be given to
the clerk of the town board and the county auditor of the county in which the
establishment is proposed to be located."
Page 2, line 19, delete "chief clerical"
Page 2, lines 20 and 21, after "body" insert
"or town board"
Page 2, lines 25 and 27, after "city" insert
"or town"
Page 2, line 26, after "city" insert "or
the town board"
Page 3, line 3, after "establishment" insert
"located in a statutory or home rule city, town, or county that does
not regulate hours of operation"
Page 3, line 5, delete ". An adult entertainment establishment"
and insert "and"
Page 3, line 19, after "county" insert
", town,"
Page 3, line 21, after "county" insert
", town," in both places
Page 3, delete line 24 and insert "county, town, or
city, and the county, town, or city ordinance applies. If a county, town, or city adopts an"
Page 3, line 27, after "county" insert
", town,"
Amend the title as follows:
Page 1, line 2, delete "city or county" and insert
"city, town, or county"
Page 1, line 4, delete "cities and counties" and
insert "cities, towns, and counties"
We request the adoption of this report and repassage of the
bill.
House Conferees:
Dean Urdahl, Tom Emmer and Tom
Rukavina.
Senate Conferees:
Steve Dille, Yvonne Prettner
Solon and Thomas M. Neuville.
Urdahl moved that the report of the
Conference Committee on H. F. No. 3779 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3779, A bill for an
act relating to adults-only businesses; requiring notice by certified mail to
the appropriate statutory or home-rule charter city under certain
circumstances; proposing coding for new law in Minnesota Statutes, chapter 617.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 129 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Jaros
The bill was repassed, as amended by
Conference, and its title agreed to.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 3199:
Smith, Meslow and Mahoney.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 3451:
Anderson, B.; Hornstein and Charron.
CALENDAR FOR THE DAY
S. F. No. 2743 was reported
to the House.
Westrom moved to amend
S. F. No. 2743 as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 3110, the
first engrossment:
"Section 1.
Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b, is
amended to read:
Subd. 1b. Audio ballot reader. "Audio ballot reader" means an
audio representation of a ballot that can be used with other assistive voting
technology to permit a voter to mark votes on a nonelectronic ballot or to
securely transmit a ballot electronically to automatic tabulating equipment in
the polling place.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 3, is amended to read:
Subd. 3. Ballot.
"Ballot" includes paper ballots, ballot cards, and the
paper ballot marked by an electronic marking device, and an electronic
record of each vote cast by a voter at an election and securely transmitted
electronically to automatic tabulating equipment in the polling place.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 7a, is amended to read:
Subd. 7a. Electronic ballot display. "Electronic ballot display" means a
graphic representation of a ballot on a computer monitor or screen on which a
voter may make vote choices for candidates and questions for the purpose of
marking a nonelectronic ballot or securely transmitting an electronic ballot
to automatic tabulating equipment in the polling place.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 7b, is amended to read:
Subd. 7b. Electronic ballot marker. "Electronic ballot marker" means
equipment that is part of an electronic voting system that uses an electronic
ballot display or audio ballot reader to:
(1) mark a nonelectronic ballot with votes selected by a voter;
or
(2) securely transmit a ballot electronically to automatic
tabulating equipment in the polling place.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 8, is amended to read:
Subd. 8. Electronic voting system. "Electronic voting system" means a
system in which the voter records votes by means of marking or transmitting
a ballot, so that votes may be counted by automatic tabulating equipment in the
polling place where the ballot is cast or at a counting center.
An
electronic voting system includes automatic tabulating equipment; nonelectronic
ballot markers; electronic ballot markers, including electronic ballot display,
audio ballot reader, and devices by which the voter will register the voter's
voting intent; software used to program automatic tabulators and layout
ballots; computer programs used to accumulate precinct results; ballots;
secrecy folders; system documentation; and system testing results.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 206.61, subdivision 5, is amended to read:
Subd. 5. Alternation. The provisions of the election laws requiring
the alternation of names of candidates must be observed as far as practicable
by changing the order of the names on an electronic voting system in the various
precincts so that each name appears on the machines or marking devices used in
a municipality substantially an equal number of times in the first, last, and
in each intermediate place in the list or group in which they belong. However, the arrangement of candidates' names
must be the same on all voting systems used in the same precinct. If the number of names to be alternated
exceeds the number of precincts, the election official responsible for
providing the ballots, in accordance with subdivision 1, shall determine by lot
the alternation of names.
If an electronic ballot marker is used with a paper ballot
that is not an optical scan ballot card, the manner of alternation of candidate
names on the paper ballot must be as prescribed for optical scan ballots in
this subdivision. If a machine is
used to securely transmit a ballot electronically to automatic tabulating
equipment in the polling place, the manner of alternation of candidate names on
the transmitting machine must be as prescribed for optical scan ballots in this
subdivision.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 206.80, is amended to read:
206.80 ELECTRONIC VOTING
SYSTEMS.
(a) An electronic voting system may not be employed unless
it:
(1) permits every voter to vote in secret;
(2) permits every voter to vote for all candidates and
questions for whom or upon which the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) automatically rejects, except as provided in section
206.84 with respect to write-in votes, all votes for an office or question when
the number of votes cast on it exceeds the number which the voter is entitled
to cast;
(5) permits a voter at a primary election to select secretly
the party for which the voter wishes to vote;
(6) automatically rejects all votes cast in a primary
election by a voter when the voter votes for candidates of more than one party;
and
(7) provides every voter an opportunity to verify votes
recorded on the permanent paper ballot or paper record, either visually
or using assistive voting technology, and to change votes or correct any error
before the voter's ballot is cast and counted, produces an individual,
discrete, permanent, paper ballot or paper record of the ballot cast by
the voter, and preserves the paper ballot or paper record as an official
record available for use in any recount.
(b) An electronic voting system purchased on or after June 4,
2005, may not be employed unless it:
(1) accepts and tabulates, in the polling place or at a counting
center, a marked optical scan ballot; or
(2)
creates a marked optical scan ballot that can be tabulated in the polling place
or at a counting center by automatic tabulating equipment certified for use in
this state; or
(3) securely transmits a ballot electronically to automatic
tabulating equipment in the polling place while creating an individual,
discrete, permanent paper record of each vote on the ballot.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 206.805, subdivision 1, is amended to read:
Subdivision 1. Contracts required. (a) The secretary of state, with the
assistance of the commissioner of administration, shall establish one or more
state voting systems contracts. The
contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems
contracts must address precinct-based optical scan voting equipment, and
ballot marking equipment for persons with disabilities and other voters, and
assistive voting machines that combine voting methods used for persons with
disabilities with precinct-based optical scan voting machines. The contracts must give the state a perpetual
license to use and modify the software.
The contracts must include provisions to escrow the software source
code, as provided in subdivision 2. Bids
for voting systems and related election services must be solicited from each
vendor selling or leasing voting systems that have been certified for use by
the secretary of state. The contracts
must be renewed from time to time.
(b) The secretary of state shall appoint an advisory
committee, including representatives of the state chief information officer,
county auditors, municipal clerks who have had operational experience with the
use of electronic voting systems, and members of the disabilities community to
advise the secretary of state in reviewing and evaluating the merits of
proposals submitted from voting equipment vendors for the state contracts.
(c) Counties and municipalities may purchase or lease voting
systems and obtain related election services from the state contracts.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 206.83, is amended to read:
206.83 TESTING OF VOTING
SYSTEMS.
Within 14 days before election day, the official in charge of
elections shall have the voting system tested to ascertain that the system will
correctly mark or securely transmit to automatic tabulating equipment in the
polling place ballots using all methods supported by the system, including
through assistive technology, and count the votes cast for all candidates and
on all questions. Public notice of the
time and place of the test must be given at least two days in advance by
publication once in official newspapers.
The test must be observed by at least two election judges, who are not
of the same major political party, and must be open to representatives of the
political parties, candidates, the press, and the public. The test must be conducted by (1) processing
a preaudited group of ballots punched or marked to record a predetermined
number of valid votes for each candidate and on each question, and must include
for each office one or more ballot cards which have votes in excess of the
number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic
ballot marker for the precinct, including ballots marked or ballots securely
transmitted electronically to automatic tabulating equipment in the polling
place using the electronic ballot display, audio ballot reader, and any
assistive voting technology used with the electronic ballot marker. If any error is detected, the cause must be
ascertained and corrected and an errorless count must be made before the voting
system may be used in the election.
After the completion of the test, the programs used and ballot cards
must be sealed, retained, and disposed of as provided for paper ballots.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 206.90, subdivision 8, is amended to read:
Subd. 8. Duties of election officials. The official in charge of elections in each
municipality where an optical scan voting system is used shall have the
electronic ballot marker that examines and marks votes on ballot cards or
the machine that securely transmits a ballot electronically to automatic
tabulating equipment in the polling place and the automatic tabulating
equipment that examines and counts votes as ballot cards are deposited into
ballot boxes put in order, set, adjusted, and made ready for voting when
delivered to the election precincts.
Sec.
11. [206.91]
VOTING MACHINES OPTIONS WORKING GROUP.
(a) A working group is hereby established to investigate and
recommend to the legislature requirements for additional options for voting
equipment that complies with the requirements of section 301 of the Help
America Vote Act, Public Law 107-252, to provide private and independent voting
for individuals with disabilities.
The working group must be cochaired by representatives of the
Minnesota Disability Law Center and Citizens for Election Integrity -
Minnesota.
(b) The working group must convene its first meeting by June
2006 and must report to the legislature by February 15, 2007.
(c) The working group must include, but is not limited to:
(1) the disability community;
(2) the secretary of state;
(3) county and local election officials;
(4) major and minor political parties;
(5)(i) one member of the senate majority caucus and one
member of the senate minority caucus appointed by the Subcommittee on
Committees of the Committee on Rules and Administration; and
(ii) one member of the house majority caucus and one member
of the house minority caucus appointed by the speaker;
(6) nonpartisan organizations;
(7) at least one individual with computer security expertise
and knowledge of elections; and
(8) members of the public, other than vendors of election
equipment, selected by consensus of the other members, including
representatives of language and other minorities.
(d) Members of the working group will be selected by:
(1) a representative of the Office of the Secretary of State;
(2) a representative of the county election officials;
(3) the cochairs; and
(4) two legislators representing each party.
Sec. 12. EFFECTIVE DATE.
Sections 1 to 11 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to
elections; setting the criteria for voting systems to be used in elections;
establishing a voting machines options working group; amending Minnesota
Statutes 2005 Supplement, sections 206.56, subdivisions 1b, 3, 7a, 7b, 8;
206.61, subdivision 5; 206.80; 206.805, subdivision 1; 206.83; 206.90,
subdivision 8; proposing coding for new law in Minnesota Statutes, chapter
206."
The motion prevailed and the amendment was
adopted.
Hilty; Slawik; Westrom; Ellison; Seifert;
Bernardy; Johnson, J.; Kelliher; Emmer and Sertich moved to amend S. F.
No. 2743, as amended, as follows:
Delete everything after the enacting
clause and insert:
"Section 1. [5B.01] FINDINGS; PURPOSE.
The legislature finds that individuals attempting to escape
from actual or threatened domestic violence, sexual assault, or stalking
frequently establish new addresses in order to prevent their assailants or
probable assailants from finding them.
The purpose of this chapter is to enable state and local agencies to
respond to requests for data without disclosing the location of a victim of
domestic violence, sexual assault, or stalking; to enable interagency
cooperation with the secretary of state in providing address confidentiality
for victims of domestic violence, sexual assault, or stalking; and to enable
program participants to use an address designated by the secretary of state as
a substitute mailing address for all purposes.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 2. [5B.02] DEFINITIONS.
(a) For purposes of this chapter and unless the context
clearly requires otherwise, the definitions in this section have the meanings
given them.
(b) "Address" means a residential street address,
school address, or work address of an individual, as specified on the
individual's application to be a program participant under this chapter.
(c) "Applicant" means an adult, a parent or
guardian acting on behalf of an eligible minor, or a guardian acting on behalf
of an incapacitated person, as defined in section 524.5-102.
(d) "Domestic violence" means an act as defined in
section 518B.01, subdivision 2, paragraph (a), and includes a threat of such
acts committed against an individual in a domestic situation, regardless of
whether these acts or threats have been reported to law enforcement officers.
(e) "Eligible person" means an adult, a minor, or an
incapacitated person, as defined in section 524.5-102 for whom there is good
reason to believe (i) that the eligible person is a victim of domestic
violence, sexual assault, or stalking, or (ii) that the eligible person fears
for his or her safety or the safety of persons on whose behalf the application
is made.
(f) "Program participant" means an individual
certified as a program participant under section 5B.03.
(g)
"Stalking" means acts criminalized under section 609.749 and includes
a threat of such acts committed against an individual, regardless of whether
these acts or threats have been reported to law enforcement officers.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 3. [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
Subdivision 1.
Application. The secretary of state shall certify an
eligible person as a program participant when the secretary receives an
application that must contain:
(1) the name of the eligible person;
(2) a statement by the applicant that the applicant has good
reason to believe (i) that the eligible person listed on the application is a
victim of domestic violence, sexual assault, or stalking, (ii) that the
eligible person fears for the person's safety or the safety of persons on whose
behalf the application is made, and (iii) that the eligible person is not
applying for certification as a program participant in order to avoid
prosecution for a crime;
(3) a designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt of mail;
(4) the mailing address where the eligible person can be
contacted by the secretary of state, and the phone number or numbers where the
applicant or eligible person can be called by the secretary of state;
(5) the physical address or addresses of the eligible person,
disclosure of which will increase the risk of domestic violence, sexual
assault, or stalking;
(6) a statement whether the eligible person would like
information on becoming an ongoing absentee ballot recipient pursuant to
section 5B.06; and
(7) the signature of the applicant, an indicator of the
applicant's authority to act on behalf of the eligible person, if appropriate,
the name and signature of any individual or representative of any person who
assisted in the preparation of the application, and the date on which the
application was signed.
Subd. 2. Filing. Applications must be filed with the
secretary of state and are subject to the provisions of section 5.15.
Subd. 3. Certification. Upon filing a completed application, the
secretary of state shall certify the eligible person as a program
participant. Program participants shall
be certified for four years following the date of filing unless the
certification is cancelled, withdrawn or invalidated before that date. The secretary of state shall by rule
establish a renewal procedure.
Subd. 4. Changes in information. Program participants or applicants must
inform the secretary of state of any changes in the information submitted on
the application.
Subd. 5. Designated address. The secretary of state must designate a
mailing address to which all mail for program participants is to be sent.
Subd. 6. Attaining age of majority. An individual who became a program
participant as a minor assumes responsibility for changes in information and
renewal when the individual reaches age 18.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec.
4. [5B.04]
CERTIFICATION CANCELLATION.
(a) If the program participant obtains a legal change of identity,
the participant loses certification as a program participant.
(b) The secretary of state may cancel a program participant's
certification if there is a change in the mailing address, unless the program
participant or the person who signed as the applicant on behalf of an eligible
person provides the secretary of state with at least two days' prior notice in
writing of the change of address.
(c) The secretary of state may cancel certification of a
program participant if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The secretary of state shall cancel certification of a
program participant who applies using false information.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 5. [5B.05] USE OF DESIGNATED ADDRESS.
(a) When a program participant presents the address designated
by the secretary of state to any person, that address must be accepted as the
address of the program participant.
(b) A program participant may use the address designated by
the secretary of state as the program participant's work address.
(c) The Office of the Secretary of State shall forward all
mail sent to the designated address to the proper program participants.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 6. [5B.06] VOTING BY PROGRAM PARTICIPANT;
USE OF DESIGNATED ADDRESS BY COUNTY AUDITOR.
A program participant who is otherwise eligible to vote may
register with the secretary of state as an ongoing absentee voter. The secretary of state shall determine the
precinct in which the residential address of the program participant is located
and shall request from and receive from the county auditor or other election
official the ballot for that precinct and shall forward the absentee ballot to
the program participant with the other materials for absentee balloting as
required by Minnesota law. The program
participant shall complete the ballot and return it to the secretary of state,
who shall review the ballot in the manner provided by section 203B.24. If the ballot and ballot materials comply
with the requirements of that section, the ballot must be certified by the
secretary of state as the ballot of a program participant, and must be
forwarded to the appropriate electoral jurisdiction for tabulation along with
all other ballots. The name and address
of a program participant must not be listed in the statewide voter registration
system.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 7. [5B.07] DATA CLASSIFICATION.
All data related to applicants, eligible persons and program
participants is private data as defined by section 13.02, subdivision 12. A consent for release of information from an
applicant,, eligible person, or program participant is not effective.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec.
8. [5B.08]
ADOPTION OF RULES.
Enactment of this section satisfies the requirements of
section 14.388, subdivision 1 for the enactment of rules to facilitate the
administration of this chapter by state and local agencies.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 10.60, subdivision 3, is amended to read:
Subd. 3. Prohibitions. (a) A Web site or publication must not
include pictures or other materials that tend to attribute the Web site or
publication to an individual or group of individuals instead of to a public
office, state agency, or political subdivision.
A publication must not include the words "with the compliments
of" or contain letters of personal greeting that promote an elected or
appointed official of a state agency or political subdivision.
(b) A Web site, other than a Web site maintained by a
public library or the election-related Web site maintained by the office of the
secretary of state or the Campaign Finance and Public Disclosure Board, may
not contain a link to a Weblog or site maintained by a candidate, a political
committee, a political party or party unit, a principal campaign committee, or
a state committee. Terms used in this
paragraph have the meanings given them in chapter 10A, except that
"candidate" also includes a candidate for an elected office of a
political subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 10.60, subdivision 4, is amended to read:
Subd. 4. Permitted material. (a) Material specified in this subdivision
may be included on a Web site or in a publication, but only if the material
complies with subdivision 2. This
subdivision is not a comprehensive list of material that may be contained on a
Web site or in a publication, if the material complies with subdivision 2.
(b) A Web site or publication may include biographical
information about an elected or appointed official, a single official
photograph of the official, and photographs of the official performing
functions related to the office. There
is no limitation on photographs, Webcasts, archives of Webcasts, and audio or
video files that facilitate access to information or services or inform the
public about the duties and obligations of the office or that are intended to
promote trade or tourism. A state Web
site or publication may include photographs or information involving civic or
charitable work done by the governor's spouse, provided that these activities
relate to the functions of the governor's office.
(c) A Web site or publication may include press releases,
proposals, policy positions, and other information directly related to the
legal functions, duties, and jurisdiction of a public official or organization.
(d) The election-related Web site maintained by the office of
the secretary of state shall provide links to:
(1) the campaign Web site of any candidate for legislative,
constitutional, judicial, or federal office who requests or whose campaign
committee requests such a link and provides in writing a valid URL address to
the office of the secretary of state; and
(2) the Web site of any individual or group advocating for or
against or providing neutral information with respect to any ballot question,
where the individual or group requests such a link and provides in writing a
valid Web site address and valid e-mail address to the office of the secretary
of state.
These
links must be provided on the election-related Web site maintained by the
office of the secretary of state from the opening of filing for the office in
question until the business day following the day on which the State Canvassing
Board has declared the results of the state general election, or November 30 of
the year in which the election has taken place, whichever date is earlier. The link must be activated on the election-related
Web site maintained by the office of the secretary of state within two business
days of receipt of the request from a qualified candidate or committee.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means a
purchase or payment of money or anything of value made, or an advance of credit
incurred, or a donation in kind received, by a principal campaign committee for
any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign
committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, entertainment, and facility
rental for a fund-raising event;
(6) services for a constituent by a member of the legislature
or a constitutional officer in the executive branch, including the costs of
preparing and distributing a suggestion or idea solicitation to constituents,
performed from the beginning of the term of office to adjournment sine die of
the legislature in the election year for the office held, and half the cost of
services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days
after adjournment sine die;
(7) payment for food and beverages consumed by a candidate or
volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a
reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
(10) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than for personal
uses;
(11) costs of child care for the candidate's children when
campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year
when a candidate's name will no longer appear on a ballot or the general
election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee
on outstanding loans;
(15)
filing fees;
(16) post-general election thank-you notes or advertisements
in the news media;
(17) the cost of campaign material purchased to replace
defective campaign material, if the defective material is destroyed without
being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials; and
(20) the cost of a magnet less than six inches in diameter
containing legislator contact information and distributed to constituents; and
(21) other purchases or payments specified in board rules or
advisory opinions as being for any purpose other than to influence the
nomination or election of a candidate or to promote or defeat a ballot
question.
The board must determine whether an activity involves a
noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the
year in which the candidate made the purchase of goods or services or incurred
an obligation to pay for goods or services.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. [13.805] ADDRESS CONFIDENTIALITY DATA
CODED ELSEWHERE.
Subdivision 1.
Scope. The section referred to in subdivision 2
is codified outside this chapter. This
section classifies address confidentiality program data as other than public.
Subd. 2. Address confidentiality program. Data maintained by the Office of the
Secretary of State regarding the address confidentiality program are governed
by section 5B.07.
EFFECTIVE
DATE. This section is
effective September 1, 2007.
Sec. 13. Minnesota
Statutes 2004, section 201.061, subdivision 1, is amended to read:
Subdivision 1. Prior to election day. At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible
voter or any individual who will be an eligible voter at the time of the next
election may register to vote in the precinct in which the voter maintains
residence by completing a voter registration application as described in
section 201.071, subdivision 1, and submitting it in person or by mail to the
county auditor of that county or to the Secretary of State's Office. A registration that is received no later than
5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration application shall be forwarded within two working days after
receipt to the county auditor of the county where the voter maintains
residence. A state or local agency or an
individual that accepts completed voter registration applications from a voter
must submit the completed applications to the secretary of state or the
appropriate county auditor within ten days after the applications are dated by
the voter.
For purposes of this section, mail registration is defined as
a voter registration application delivered to the secretary of state, county
auditor, or municipal clerk by the United States Postal Service or a commercial
carrier.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
14. Minnesota Statutes 2005 Supplement,
section 201.061, subdivision 3, is amended to read:
Subd. 3. Election day registration. (a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the
precinct in which the individual maintains residence, by completing a
registration application, making an oath in the form prescribed by the
secretary of state and providing proof of residence. An individual may prove residence for
purposes of registering by:
(1) presenting a driver's license or Minnesota identification
card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of state
as proper identification;
(3) presenting one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of students from
that institution has been prepared under section 135A.17 and certified to the
county auditor in the manner provided in rules of the secretary of state; or
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture identification
card; or
(4) having a voter who is registered to vote in the precinct,
or who is an employee employed by and working in a residential facility in the
precinct and vouching for a resident in the facility, sign an oath in the
presence of the election judge vouching that the voter or employee personally
knows that the individual is a resident of the precinct. A voter who has been vouched for on election
day may not sign a proof of residence oath vouching for any other individual on
that election day. A voter who is
registered to vote in the precinct may sign up to 15 proof-of-residence oaths
on any election day. This limitation
does not apply to an employee of a residential facility described in this
clause. The secretary of state shall
provide a form for election judges to use in recording the number of
individuals for whom a voter signs proof-of-residence oaths on election
day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence
oaths. For each proof-of-residence oath,
the form must include a statement that the voter is registered to vote in the
precinct, personally knows that the individual is a resident of the precinct,
and is making the statement on oath. The
form must include a space for the voter's printed name, signature, telephone
number, and address.
The oath required by this subdivision and Minnesota Rules,
part 8200.9939, must be attached to the voter registration application and the
information on the oath must be recorded on the records of both the voter
registering on election day and the voter who is vouching for the person's
residence, and entered into the statewide voter registration system by the
county auditor when the voter registration application is entered into that
system.
(b) The operator of a residential facility shall prepare a
list of the names of its employees currently working in the residential
facility and the address of the residential facility. The operator shall certify the list and
provide it to the appropriate county auditor no less than 20 days before each
election for use in election day registration.
(c) "Residential facility" means transitional
housing as defined in section 256E.33, subdivision 1; a supervised living
facility licensed by the commissioner of health under section 144.50,
subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a
residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to
provide a residential program as defined in section 245A.02, subdivision 14; a
residential facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group residential
housing as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; or a supervised publicly or
privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d)
For tribal band members, an individual may prove residence for purposes of
registering by:
(1) presenting an identification card issued by the
tribal government of a tribe recognized by the Bureau of Indian Affairs, United
States Department of the Interior, that contains the name, address, signature,
and picture of the individual; or
(2) presenting an identification card issued by the tribal
government of a tribe recognized by the Bureau of Indian Affairs, United States
Department of the Interior, that contains the name, signature, and picture of
the individual and also presenting one of the documents listed in Minnesota
Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require
that an election judge responsible for election day registration initial each
completed registration application.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 15. Minnesota
Statutes 2004, section 202A.155, is amended to read:
202A.155 INTERPRETER
SERVICES; CAUCUS MATERIALS.
A communicatively impaired individual who needs interpreter
services at a precinct caucus shall so notify the major political party whose
caucus the individual plans to attend. Written
Notice must be given by certified letter or electronic mail to
the county or legislative district committee state office of the major
political party at least 30 days before the precinct caucus
date. The major political party, not
later than 14 days before the precinct caucus date, shall promptly
attempt to secure the services of one or more interpreters if available and
shall assume responsibility for the cost of the services if provided. The state central committee of the major
political party shall determine the process for reimbursing interpreters.
A visually impaired individual may notify the county or
legislative district committee of the major political party whose precinct
caucus the individual plans to attend, that the individual requires caucus
materials in audio tape, Braille, or large type format. Upon receiving the request, the county or
legislative district committee shall provide all official written caucus
materials as soon as they are available, so that the visually impaired
individual may have them converted to audio tape, Braille, or large print
format prior to the precinct caucus.
Sec. 16. Minnesota
Statutes 2004, section 203B.02, subdivision 1, is amended to read:
Subdivision 1. Unable to go to polling place. (a) Any eligible voter who reasonably
expects to be unable to go to the polling place on election day in the precinct
where the individual maintains residence because of absence from the precinct,;
illness, including isolation or quarantine under sections 144.419 to
144.4196 or United States Code, title 42, sections 264 to 272; disability,;
religious discipline,; observance of a religious holiday,;
or service as an election judge in another precinct may vote by absentee ballot
as provided in sections 203B.04 to 203B.15.
(b) If the governor has declared an emergency and filed the
declaration with the secretary of state under section 12.31, and the
declaration states that the emergency has made it difficult for voters to go to
the polling place on election day, any voter in a precinct covered by the
declaration may vote by absentee ballot as provided in sections 203B.04 to
203B.15.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
17. Minnesota Statutes 2004, section
203B.06, subdivision 3, is amended to read:
Subd. 3. Delivery of ballots. (a) If an application for absentee
ballots is accepted at a time when absentee ballots are not yet available for
distribution, the county auditor, or municipal clerk accepting the application
shall file it and as soon as absentee ballots are available for distribution
shall mail them to the address specified in the application. If an application for absentee ballots is
accepted when absentee ballots are available for distribution, the county
auditor or municipal clerk accepting the application shall promptly:
(a) (1) Mail the ballots to the voter whose
signature appears on the application if the application is submitted by mail
and does not request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial shipper
requested by the voter at the voter's expense;
(b) (3) Deliver the absentee ballots
directly to the voter if the application is submitted in person; or
(c) (4) Deliver the absentee ballots in a
sealed transmittal envelope to an agent who has been designated to bring the
ballots to a voter who is a patient in a health care facility, as provided in
section 203B.11, subdivision 4, a participant in a residential program for
adults licensed under section 245A.02, subdivision 14, or a resident of a
shelter for battered women as defined in section 611A.37, subdivision 4.
(b) If an application does not indicate the election for
which absentee ballots are sought, the county auditor or municipal clerk shall
mail or deliver only the ballots for the next election occurring after receipt
of the application. Only one set of
ballots may be mailed, shipped, or delivered to an applicant for any
election, except as provided in section 203B.13, subdivision 2, or when a
replacement ballot has been requested by the voter for a ballot that has been
spoiled or lost in transit.
Sec. 18. Minnesota
Statutes 2004, section 203B.11, subdivision 4, is amended to read:
Subd. 4. Agent delivery of ballots. During the four days preceding an election and
until 2:00 p.m. on election day, an eligible voter who is a patient of a health
care facility, a participant in a residential program for adults licensed
under section 245A.02, subdivision 14, or a resident of a shelter for battered
women as defined in section 611A.37, subdivision 4, may designate an agent
to deliver the ballots to the voter from the county auditor or municipal
clerk. A candidate at the election may
not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than
3:00 p.m. on election day. The voter
must complete an affidavit requesting the auditor or clerk to provide the agent
with the ballots in a sealed transmittal envelope. The affidavit must include a statement from
the voter stating that the ballots were delivered to the voter by the agent in
the sealed transmittal envelope. An
agent may deliver ballots to no more than three persons in any election. The secretary of state shall provide samples
of the affidavit and transmission envelope for use by the county auditors.
Sec. 19. Minnesota
Statutes 2004, section 204B.40, is amended to read:
204B.40 BALLOTS; ELECTION
RECORDS AND OTHER MATERIALS; DISPOSITION; INSPECTION OF BALLOTS.
The county auditors, municipal clerks, and school district
clerks shall retain all election materials returned to them after any election
for at least 22 months from the date of that election. All election materials involved in a
contested election must be retained for 22 months or until the contest has been
finally determined, whichever is later.
Abstracts filed by canvassing boards shall be retained permanently by
any officer with whom those abstracts are filed. Election materials no longer required to be
retained pursuant to this section shall be disposed of in accordance with
sections 138.163 to 138.21. Sealed
envelopes containing voted ballots must be retained unopened, except as
provided in this section, in a secure location.
The county auditor, municipal clerk, or school district clerk shall not
permit any voted ballots to be tampered with or defaced.
After
the time for filing a notice of contest for an election has passed, the
secretary of state may, for the purpose of monitoring and evaluating
election procedures: (1) open the sealed ballot envelopes and inspect the
ballots for that election maintained by the county auditors, municipal clerks,
or school district clerks for the purpose of monitoring and evaluating
election procedures.; (2) inspect the polling place rosters and
completed voter registration applications; or (3) examine other forms required
in the Minnesota election laws for use in the polling place. No inspected ballot or document may
be marked or identified in any manner.
After inspection, all ballots must be returned to the ballot envelope
and the ballot envelope must be securely resealed. Any other election materials inspected or
examined must be secured or resealed. No
polling place roster may be inspected until the voting history for that
precinct has been posted. No voter
registration application may be inspected until the information on it has been
entered into the statewide registration system.
Sec. 20. [204C.035] DECEPTIVE PRACTICES IN
ELECTIONS.
Subdivision 1.
Criminal penalty. No person shall knowingly deceive another
person regarding the time, place, or manner of conducting an election or the
qualifications for or restrictions on voter eligibility for an election, with
the intent to prevent the individual from voting in the election. A violation of this section is a gross
misdemeanor.
Subd. 2. Reporting false election information. Any person may report to the county
auditor or municipal clerk an act of deception regarding the time, place, or
manner of conducting an election or the qualifications for or restrictions on
voter eligibility for an election. The
election official to whom the report was made shall provide accurate
information to the person who reported the incorrect information in a timely
manner, and may provide information about the act of deception and accurate
information to mass media outlets in any affected area. The county attorney may subsequently proceed
under subdivision 1.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to offenses committed on or after that
date.
Sec. 21. Minnesota
Statutes 2004, section 204C.07, is amended by adding a subdivision to read:
Subd. 5. Prohibited challenges. Challengers and the political parties that
appointed them must not compile lists of voters to challenge on the basis of
mail sent by a political party that was returned as undeliverable or if receipt
by the intended recipient was not acknowledged in the case of registered
mail. This subdivision applies to any
local, state, or national affiliate of a political party that has appointed
challengers, as well as any subcontractors, vendors, or other individuals
acting as agents on behalf of a political party.
A violation of this subdivision is a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to offenses committed
on or after that date.
Sec. 22. Minnesota
Statutes 2005 Supplement, section 204C.10, is amended to read:
204C.10 PERMANENT
REGISTRATION; VERIFICATION OF REGISTRATION.
(a) An individual seeking to vote shall sign a polling place
roster which states that the individual is at least 18 years of age, a citizen
of the United States, has resided in Minnesota for 20 days immediately
preceding the election, maintains residence at the address shown, is not under
a guardianship in which the court order revokes the individual's right to vote,
has not been found by a court of law to be legally incompetent to vote or convicted
of a felony without having civil rights restored has the right to vote
because, if the individual was convicted of a felony, the felony sentence has
expired or been completed or the individual has been discharged from the
sentence, is registered and has not already voted in the election. The roster must also state: "I
understand that deliberately providing false information is a felony punishable
by not more than five years imprisonment and a fine of not more than $10,000,
or both."
(b)
A judge may, before the applicant signs the roster, confirm the applicant's
name, address, and date of birth.
(c) After the applicant signs the roster, the judge shall give
the applicant a voter's receipt. The
voter shall deliver the voter's receipt to the judge in charge of ballots as
proof of the voter's right to vote, and thereupon the judge shall hand to the
voter the ballot. The voters' receipts
must be maintained during the time for notice of filing an election contest.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 23. Minnesota
Statutes 2004, section 204C.15, subdivision 1, is amended to read:
Subdivision 1. Interpreters; Physical assistance in
marking ballots. A voter who claims
a need for assistance because of inability to read English or physical
inability to mark a ballot may obtain the aid of two election judges who are
members of different major political parties.
The election judges shall mark the ballots as directed by the voter and
in as secret a manner as circumstances permit.
If the voter is deaf or cannot speak English or understand it when it is
spoken, the election judges may select two individuals who are members of
different major political parties to act as interpreters provide
assistance. The interpreters
individuals shall assist the individual voter in marking the
ballots. A voter in need of assistance
may alternatively obtain the assistance of any individual the voter
chooses. Only the following persons may
not provide assistance to a voter: the
voter's employer, an agent of the voter's employer, an officer or agent of the
voter's union, or a candidate for election.
The person who assists the voter shall, unaccompanied by an election
judge, retire with that voter to a booth and mark the ballot as directed by the
voter. No person who assists another
voter as provided in the preceding sentence shall mark the ballots of more than
three voters at one election. Before the
ballots are deposited, the voter may show them privately to an election judge
to ascertain that they are marked as the voter directed. An election judge or other individual
assisting a voter shall not in any manner request, persuade, induce, or attempt
to persuade or induce the voter to vote for any particular political party or
candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the name of any
candidate for whom the voter has voted or anything that took place while
assisting the voter.
Sec. 24. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 1b, is amended to read:
Subd. 1b. Audio ballot reader. "Audio ballot reader" means an
audio representation of a ballot that can be used with other assistive voting
technology to permit a voter to mark votes on a nonelectronic ballot or to
securely transmit a ballot electronically to automatic tabulating equipment in
the polling place.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 3, is amended to read:
Subd. 3. Ballot.
"Ballot" includes paper ballots, ballot cards, and the
paper ballot marked by an electronic marking device, and an electronic
record of each vote cast by a voter at an election and securely transmitted
electronically to automatic tabulating equipment in the polling place.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 7a, is amended to read:
Subd. 7a. Electronic ballot display. "Electronic ballot display" means a
graphic representation of a ballot on a computer monitor or screen on which a
voter may make vote choices for candidates and questions for the purpose of
marking a nonelectronic ballot or securely transmitting an electronic ballot
to automatic tabulating equipment in the polling place.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
27. Minnesota Statutes 2005 Supplement,
section 206.56, subdivision 7b, is amended to read:
Subd. 7b. Electronic ballot marker. "Electronic ballot marker" means
equipment that is part of an electronic voting system that uses an electronic
ballot display or audio ballot reader to:
(1) mark a nonelectronic ballot with votes selected by a
voter; or
(2) securely transmit a ballot electronically to automatic
tabulating equipment in the polling place.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota
Statutes 2005 Supplement, section 206.56, subdivision 8, is amended to read:
Subd. 8. Electronic voting system. "Electronic voting system" means a
system in which the voter records votes by means of marking or transmitting
a ballot, so that votes may be counted by automatic tabulating equipment in the
polling place where the ballot is cast or at a counting center.
An electronic voting system includes automatic tabulating
equipment; nonelectronic ballot markers; electronic ballot markers, including
electronic ballot display, audio ballot reader, and devices by which the voter
will register the voter's voting intent; software used to program automatic
tabulators and layout ballots; computer programs used to accumulate precinct
results; ballots; secrecy folders; system documentation; and system testing
results.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota
Statutes 2005 Supplement, section 206.61, subdivision 5, is amended to read:
Subd. 5. Alternation. The provisions of the election laws requiring
the alternation of names of candidates must be observed as far as practicable
by changing the order of the names on an electronic voting system in the
various precincts so that each name appears on the machines or marking devices
used in a municipality substantially an equal number of times in the first,
last, and in each intermediate place in the list or group in which they
belong. However, the arrangement of
candidates' names must be the same on all voting systems used in the same
precinct. If the number of names to be alternated
exceeds the number of precincts, the election official responsible for
providing the ballots, in accordance with subdivision 1, shall determine by lot
the alternation of names.
If an electronic ballot marker is used with a paper ballot
that is not an optical scan ballot card, the manner of alternation of candidate
names on the paper ballot must be as prescribed for optical scan ballots in
this subdivision. If a machine is
used to securely transmit a ballot electronically to automatic tabulating
equipment in the polling place, the manner of alternation of candidate names on
the transmitting machine must be as prescribed for optical scan ballots in this
subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Minnesota
Statutes 2005 Supplement, section 206.80, is amended to read:
206.80 ELECTRONIC VOTING
SYSTEMS.
(a) An electronic voting system may not be employed unless
it:
(1) permits every voter to vote in secret;
(2)
permits every voter to vote for all candidates and questions for whom or upon
which the voter is legally entitled to vote;
(3) provides for write-in voting when authorized;
(4) automatically rejects, except as provided in section
206.84 with respect to write-in votes, all votes for an office or question when
the number of votes cast on it exceeds the number which the voter is entitled
to cast;
(5) permits a voter at a primary election to select secretly
the party for which the voter wishes to vote;
(6) automatically rejects all votes cast in a primary
election by a voter when the voter votes for candidates of more than one party;
and
(7) provides every voter an opportunity to verify votes
recorded on the permanent paper ballot or paper record, either visually
or using assistive voting technology, and to change votes or correct any error
before the voter's ballot is cast and counted, produces an individual,
discrete, permanent, paper ballot or paper record of the ballot cast by
the voter, and preserves the paper ballot or paper record as an official
record available for use in any recount.
(b) An electronic voting system purchased on or after June 4,
2005, may not be employed unless it:
(1) accepts and tabulates, in the polling place or at a
counting center, a marked optical scan ballot; or
(2) creates a marked optical scan ballot that can be
tabulated in the polling place or at a counting center by automatic tabulating
equipment certified for use in this state; or
(3) securely transmits a ballot electronically to automatic
tabulating equipment in the polling place while creating an individual,
discrete, permanent paper record of each vote on the ballot.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Minnesota
Statutes 2005 Supplement, section 206.805, subdivision 1, is amended to read:
Subdivision 1. Contracts required. (a) The secretary of state, with the
assistance of the commissioner of administration, shall establish one or more
state voting systems contracts. The
contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems
contracts must address precinct-based optical scan voting equipment, and
ballot marking equipment for persons with disabilities and other voters, and
assistive voting machines that combine voting methods used for persons with
disabilities with precinct-based optical scan voting machines. The contracts must give the state a perpetual
license to use and modify the software.
The contracts must include provisions to escrow the software source
code, as provided in subdivision 2. Bids
for voting systems and related election services must be solicited from each
vendor selling or leasing voting systems that have been certified for use by
the secretary of state. The contracts
must be renewed from time to time.
(b) The secretary of state shall appoint an advisory
committee, including representatives of the state chief information officer,
county auditors, municipal clerks who have had operational experience with the
use of electronic voting systems, and members of the disabilities community to
advise the secretary of state in reviewing and evaluating the merits of
proposals submitted from voting equipment vendors for the state contracts.
(c) Counties and municipalities may purchase or lease voting
systems and obtain related election services from the state contracts. All counties and municipalities are
members of the cooperative purchasing venture of the Department of
Administration for the purpose of this section.
For the purpose of township elections, counties must aggregate
orders under contracts negotiated under this section for products and services
and may apportion the costs of those products and services proportionally among
the townships receiving the products and services. The county is not liable for the timely or
accurate delivery of those products or services.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. Minnesota
Statutes 2005 Supplement, section 206.82, subdivision 2, is amended to read:
Subd. 2. Plan.
(a) Subject to paragraph (b), the municipal clerk in a
municipality where an electronic voting system is used and the county auditor
of a county in which an electronic voting system is used in more than one
municipality and the county auditor of a county in which a counting center serving
more than one municipality is located shall prepare a plan which indicates
acquisition of sufficient facilities, computer time, and professional services
and which describes the proposed manner of complying with section 206.80. The plan must be signed, notarized, and
submitted to the secretary of state more than 60 days before the first election
at which the municipality uses an electronic voting system. Prior to July 1 of each subsequent general
election year, the clerk or auditor shall submit to the secretary of state
notification of any changes to the plan on file with the secretary of
state. The secretary of state shall
review each plan for its sufficiency and may request technical assistance from
the Department of Administration or other agency which may be operating as the
central computer authority. The
secretary of state shall notify each reporting authority of the sufficiency or
insufficiency of its plan within 20 days of receipt of the plan. The attorney general, upon request of the
secretary of state, may seek a district court order requiring an election
official to fulfill duties imposed by this subdivision or by rules promulgated
pursuant to this section.
(b) Systems implemented by counties and municipalities in
calendar year 2006 are exempt from paragraph (a) and section 206.58,
subdivision 4, if:
(1) the municipality has fewer than 10,000 residents; and
(2) a valid county plan was filed by the county auditor of the
county in which the municipality is located.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 33. Minnesota
Statutes 2005 Supplement, section 206.83, is amended to read:
206.83 TESTING OF VOTING
SYSTEMS.
Within 14 days before election day, the official in charge of
elections shall have the voting system tested to ascertain that the system will
correctly mark or securely transmit to automatic tabulating equipment in the
polling place ballots using all methods supported by the system, including
through assistive technology, and count the votes cast for all candidates and
on all questions. Public notice of the
time and place of the test must be given at least two days in advance by
publication once in official newspapers.
The test must be observed by at least two election judges, who are not
of the same major political party, and must be open to representatives of the
political parties, candidates, the press, and the public. The test must be conducted by (1) processing
a preaudited group of ballots punched or marked to record a predetermined
number of valid votes for each candidate and on each question, and must include
for each office one or more ballot cards which have votes in excess of the
number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic
ballot marker for the precinct, including ballots marked or ballots securely
transmitted electronically to automatic tabulating equipment in the polling place
using the electronic ballot display, audio ballot reader, and any assistive
voting technology used with the electronic ballot marker. If any error is detected, the cause must be
ascertained and corrected and an errorless count must be made before the voting
system may be used in the election.
After the completion of the test, the programs used and ballot cards
must be sealed, retained, and disposed of as provided for paper ballots.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
34. [206.89]
POSTELECTION REVIEW OF VOTING SYSTEMS.
Subdivision 1.
Definition. For purposes of this section "post
election review official" means the election administration official who
is responsible for the conduct of elections in a precinct selected for review
under this section.
Subd. 2. Selection for review; notice. At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for
the postelection review of the state general election to be held under this
section.
At the canvass of the state general election, the county
canvassing boards must select the precincts to be reviewed. The county canvassing board of a county with
fewer than 50,000 registered voters must select at least two precincts for
postelection review. The county
canvassing board of a county with between 50,000 and 100,000 registered voters
must select at least three precincts for review. The county canvassing board of a county with
over 100,000 registered voters must select at least four precincts. The precincts must be selected by lot at a
public meeting. At least one precinct
selected in each county must have had more than 150 votes cast at the general
election.
The county auditor must notify the secretary of state of the
precincts that have been chosen for review and the time and place the
postelection review for that county will be conducted, as soon as the decisions
are made. The secretary of state must
post this information on the office Web site.
Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
the post election review official as defined in subdivision 1. The post election review must be conducted of
the votes cast for President or governor; United States Senator; and United
States Representative. The post election
review official may conduct postelection review of the votes cast for
additional offices.
The postelection review must be conducted in public at the
location where the voted ballots have been securely stored after the state
general election or at another location chosen by the county canvassing
board. The post election review official
for each precinct selected must conduct the postelection review and may be assisted
by election judges designated by the post election review official for this
purpose. The party balance requirement
of section 204B.19 applies to election judges designated for the review. The postelection review must consist of a
manual count of the ballots used in the precincts selected and must be
performed in the manner provided by section 204C.21. The postelection review must be conducted in
the manner provided for recounts under section 204C.361 to the extent
practicable. The review must be
completed no later than two days before the meeting of the state canvassing
board to certify the results of the state general election.
Subd. 4. Standard of acceptable performance by
voting system. A comparison
of the results compiled by the voting system with the postelection review
described in this section must show that the results of the electronic voting
system differed by no more than one-half of one percent from the manual count
of the offices reviewed. Valid votes
that have been marked by the voter outside the vote targets or using a manual
marking device that cannot be read by the voting system must not be included in
making the determination whether the voting system has met the standard of
acceptable performance for any precinct.
Subd. 5. Additional review. (a) If the postelection review reveals
a difference greater than one-half of one percent, the post election review
official must, within two days, conduct an additional review of at least three
precincts in the same jurisdiction where the discrepancy was discovered. If all precincts in that jurisdiction have
been reviewed, the county auditor must immediately publicly select by lot at
least three additional precincts for review.
The post election review official must complete the additional review
within two days after the precincts are selected and report the results
immediately to the county auditor. If
the second review also indicates a difference in the vote totals compiled by
the voting system that is greater than one-half of one percent from the result
indicated by the postelection review, the county auditor must conduct a review
of the ballots from all the remaining precincts in the county. This review must be completed no later than
six weeks after the state general election.
(b)
If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in
the election clearly indicate that an error in vote counting has occurred, the
post election review official must conduct a manual recount of all the ballots
in the district for the affected office.
The recount must be completed and the results reported to the
appropriate canvassing board no later than ten weeks after the state general
election.
Subd. 6. Report of results. Upon completion of the postelection
review, the post election review official must immediately report the results
to the county auditor. The county
auditor must then immediately submit the results of the postelection review
electronically or in writing to the secretary of state not later than two days
before the State Canvassing Board meets to canvass the state general
election. The secretary of state shall
report the results of the postelection review at the meeting of the State
Canvassing Board to canvass the state general election.
Subd. 7. Update of vote totals. If the postelection review under this
section results in a change in the number of votes counted for any candidate,
the revised vote totals must be incorporated in the official result from those
precincts.
Subd. 8. Effect on voting systems. If a voting system is found to have
failed to record votes accurately and in the manner provided by the Minnesota
election law, the voting system must not be used at another election until it
has been examined and recertified by the secretary of state. If the voting system failure is attributable
to either its design or to actions of the vendor, the vendor must forfeit the
vendor bond required by section 206.57 and the performance bond required by
section 206.66.
Subd. 9. Costs of review. The costs of the postelection review
required by this section must be allocated as follows:
(1) the governing body responsible for each precinct selected
for review must pay the costs incurred for the review conducted under subdivision
2 or 5, paragraph (a);
(2) the vendor of the voting system must pay any costs
incurred by the secretary of state to examine and recertify the voting system;
and
(3) the secretary of state must reimburse local units of
government for the costs of any recount required under subdivision 5, paragraph
(b).
Subd. 10. Time for filing election contest. The appropriate canvass is not
completed and the time for notice of a contest of election does not begin to
run until all reviews under this section have been completed.
Sec. 35. [206.895] SECRETARY OF STATE MONITOR.
The secretary of state must monitor and evaluate election
procedures in precincts subject to the audit provided for in section 206.89 in
at least four precincts in each congressional district. The precincts must be chosen by lot by the
State Canvassing Board at its meeting to canvass the state general election.
Sec. 36. Minnesota
Statutes 2005 Supplement, section 206.90, subdivision 8, is amended to read:
Subd. 8. Duties of election officials. The official in charge of elections in each
municipality where an optical scan voting system is used shall have the
electronic ballot marker that examines and marks votes on ballot cards in
order, set, adjusted, and made ready for voting when delivered to the election
precincts. Whenever a ballot card
created by an electronic ballot marker certified by the secretary of state is
rejected by an optical scan voting system, two election judges who are members
of different major political parties shall transcribe the votes on the ballot
rejected by the optical scan voting system pursuant to the procedures set forth
in section 206.86, subdivision 5. or
the machine that securely transmits a ballot electronically to automatic
tabulating equipment in the polling place and the automatic tabulating
equipment that examines and counts votes as ballot cards are deposited into
ballot boxes put
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. [206.91] VOTING MACHINES OPTIONS WORKING
GROUP.
(a) A working group is hereby established to investigate and
recommend to the legislature requirements for additional options for voting
equipment that complies with the requirements of section 301 of the Help
America Vote Act, Public Law 107-252, to provide private and independent voting
for individuals with disabilities.
The working group must be cochaired by representatives of the
Minnesota Disability Law Center and Citizens for Election Integrity -
Minnesota.
(b) The working group must convene its first meeting by June
30, 2006, and must report to the legislature by February 15, 2007.
(c) The working group must include, but is not limited to:
(1) the disability community;
(2) the secretary of state;
(3) county and local election officials;
(4) major and minor political parties;
(5)(i) one member of the senate majority caucus and one member
of the senate minority caucus appointed by the Subcommittee on Committees of
the Committee on Rules and Administration; and
(ii) one member of the house majority caucus and one member of
the house minority caucus appointed by the speaker;
(6) nonpartisan organizations;
(7) at least one individual with computer security expertise
and knowledge of elections; and
(8) members of the public, other than vendors of election
equipment, selected by consensus of the other members, including
representatives of language and other minorities.
(d) Members of the working group will be selected by:
(1) a representative of the Office of the Secretary of State;
(2) a representative of the county election officials;
(3) the cochairs; and
(4) two legislators representing each party.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
38. Minnesota Statutes 2004, section
211A.02, subdivision 2, is amended to read:
Subd. 2. Information required. The report to be filed by a candidate or
committee must include:
(1) the name of the candidate or ballot question;
(2) the name and address of the person responsible for filing
the report;
(3) the total amount of receipts and expenditures for the
period from the last previous report to five days before the current report is
due;
(4) the amount, date, and purpose for each
expenditure; and
(5) the name, address, and employer, or occupation if
self-employed, of any individual or committee that during the year has made
one or more contributions that in the aggregate are equal to or greater than $500
$100, and the amount and date of each contribution.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 39. ELECTIONS RULES.
(a) The rules adopted by the Office of the Secretary of State
on August 9, 2004, pursuant to the authority granted in Laws 2004, chapter 293,
article 1, section 39, are made permanent as if they had been adopted pursuant
to Minnesota Statutes, sections 14.05 to 14.28, with only the following express
exceptions:
(b) The secretary of state shall amend the rules pursuant to
the good cause provision in section 14.88, subdivision 1, clause (3), as
follows:
(1) The secretary of state shall amend Minnesota Rules, parts
8200.1100, 8200.1200, subparts 1a and 1b, 8200.1700, 8200.3700, and 8200.9310,
subpart 4 so that effective August 10, 2006, these rules are identical to the
language contained in them on August 8, 2004.
(2) The secretary of state shall amend Minnesota Rules, part
8200.5100, subpart 1, effective August 10, 2006, to add a new clause (4) to
paragraph A that adds a tribal identification card as provided by Minnesota
Statutes, section 201.061, subdivision 3, paragraph (d), clause (1).
(3) The secretary of state shall amend Minnesota Rules, part
8200.5100, subpart 2, effective August 10, 2006, to:
(i) add a new clause (5) to paragraph A that adds a tribal
identification card as provided by Minnesota Statutes, section 201.061,
subdivision 3, paragraph (d), clause (2); and
(ii) add cellular telephone to the list in paragraph B.
(4) The secretary of state shall amend Minnesota Rules, part
8200.9115, subpart 1, effective August 10, 2006, so that the certification at
the top of each page of the polling place roster includes the statement that
the individual is not under a guardianship of the person in which the court
order revokes the individual's right to vote; and that the individual has the
right to vote because, if convicted of a felony, the individual's felony
sentence has expired (been completed) or the individual has been discharged
from the individual's sentence.
(5)
The secretary of state shall amend Minnesota Rules, part 8210.0100, subpart 2,
effective August 10, 2006, so that the form of the affidavit of eligibility
includes certification by the individual that the individual is not under a
guardianship of the person in which the court order revokes the individual's
right to vote, and that the individual has the right to vote because, if
convicted of a felony, the individual's felony sentence has expired (been
completed) or the individual has been discharged from the individual's
sentence.
(6) The secretary of state shall amend Minnesota Rules, part
8210.0500, subpart 2, effective August 10, 2006, to:
(i) add a tribal identification card as provided in Minnesota
Statutes, section 201.061, subdivision 3, paragraph (d), clause (1) to the list
in Step 3, item a;
(ii) add cellular telephone to the list in Step 3, item b,
subitem (i);
(iii) add a tribal identification card as provided in
Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause (2),
to the list in Step 3, item b, subitem (ii);
(iv) repeal Step 3, item f; and
(v) add a new Step to be numbered Step 10 and placed between
the current Step 9 and Step 10 that directs the voter, if the voter has been
provided with an additional envelope to conceal the signature, identification,
and other information, to place the white ballot return envelope into the
additional envelope; and directs the voter, if the voter has been provided a
white ballot envelope with an additional flap that when sealed, conceals the
signature, identification, and other information, to make sure that the flap is
properly in place to conceal that information.
(7) The secretary of state shall amend Minnesota Rules, part
8200.5100, subpart 2, item B, to add cellular telephone to the list in that
item.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. REPEALER.
Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4,
5, and 6, and Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions
1 and 2, are repealed."
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2743, A bill for an act relating
to elections; setting the criteria for voting systems to be used in elections;
establishing a voting machines options working group; providing appointments;
amending Minnesota Statutes 2005 Supplement, sections 206.56, subdivisions 1b,
3, 7a, 7b, 8; 206.61, subdivision 5; 206.80; 206.805, subdivision 1; 206.83;
206.90, subdivision 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Emmer
Olson
The bill was passed, as amended, and its
title agreed to.
S. F. No. 358, A bill for an act relating
to school board elections; Special School District No. 1; providing for six
members to be elected by district and three to be elected at-large.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
S. F. No. 3480 was reported
to the House.
Wilkin moved to amend
S. F. No. 3480 as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 3760, the
first engrossment:
"Section
1. Minnesota Statutes 2005 Supplement,
section 45.22, is amended to read:
45.22 LICENSE EDUCATION APPROVAL.
(a) License
education courses must be approved in advance by the commissioner. Each sponsor who offers a license education
course must have at least one coordinator, approved by the commissioner,
be approved by the commissioner. Each
approved sponsor must have at least one coordinator who meets the criteria
specified in Minnesota Rules, chapter 2809, and who is responsible for
supervising the educational program and assuring compliance with all laws and
rules. "Sponsor" means any person or entity offering approved
education.
(b) For
coordinators with an initial approval date before August 1, 2005, approval will
expire on December 31, 2005. For courses
with an initial approval date on or before December 31, 2000, approval will
expire on April 30, 2006. For courses
with an initial approval date after January 1, 2001, but before August 1, 2005,
approval will expire on April 30, 2007.
Sec.
2. Minnesota Statutes 2005 Supplement,
section 45.23, is amended to read:
45.23 LICENSE EDUCATION FEES.
The
following fees must be paid to the commissioner:
(1) initial
course approval, $10 for each hour or fraction of one hour of education course
approval sought. Initial course approval
expires on the last day of the 24th month after the course is approved;
(2) renewal
of course approval, $10 per course.
Renewal of course approval expires on the last day of the 24th month
after the course is renewed;
(3)
initial coordinator sponsor approval, $100. Initial coordinator approval expires on
the last day of the 24th month after the coordinator is approved;
Initial sponsor approval issued under this section is valid for a period not to
exceed 24 months and expires on January 31 of the renewal year assigned by the
commissioner. Active sponsors who have
at least one approved coordinator as of the effective date of this section are
deemed to be approved sponsors and are not required to submit an initial
application for sponsor approval; and
(4) renewal
of coordinator sponsor approval, $10. Renewal of coordinator approval expires on
the last day of the 24th month after the coordinator is renewed. Each renewal of sponsor approval is valid
for a period of 24 months. Active
sponsors who have at least one approved coordinator as of the effective date of
this section will have an expiration date of January 31, 2008.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
3. Minnesota Statutes 2005 Supplement,
section 59B.01, is amended to read:
59B.01 SCOPE AND PURPOSE.
(a) The
purpose of this chapter is to create a legal framework within which service
contracts may be sold in this state.
(b) The
following are exempt from this chapter:
(1)
warranties;
(2)
maintenance agreements;
(3)
warranties, service contracts, or maintenance agreements offered by public
utilities, as defined in section 216B.02, subdivision 4, or an entity or
operating unit owned by or under common control with a public utility;
(4) service
contracts sold or offered for sale to persons other than consumers;
(5) service
contracts on tangible property where the tangible property for which the
service contract is sold has a purchase price of $250 or less, exclusive of sales
tax;
(6) motor
vehicle service contracts as defined in section 65B.29, subdivision 1,
paragraph (1);
(7) service
contracts for home security equipment installed by a licensed technology
systems contractor; and
(8) motor
club membership contracts that typically provide roadside assistance services
to motorists stranded for reasons that include, but are not limited to,
mechanical breakdown or adverse road conditions; and
(9) home
warranties not subject to chapter 327A, 515, 515A, or 515B.
(c) Except
for the agreements covered by paragraph (b), clause (9), the types of
agreements referred to in paragraph (b) are not subject to chapters 60A to 79A,
except as otherwise specifically provided by law.
Sec.
4. Minnesota Statutes 2004, section
60C.02, subdivision 1, is amended to read:
Subdivision
1. Scope. This chapter applies to all kinds of direct
insurance, except:
(1) life;
(2)
annuity;
(3) title;
(4)
accident and sickness;
(5) credit;
(6)
vendor's single interest or collateral protection or any similar insurance
protecting the interests of a creditor arising out of a creditor debtor
transaction;
(7)
mortgage guaranty;
(8)
financial guaranty or other forms of insurance offering protection against
investment risks;
(9) ocean
marine;
(10) a transaction
or combination of transactions between a person, including affiliates of the
person, and an insurer, including affiliates of the insurer, that involves the
transfer of investment or credit risk unaccompanied by transfer of insurance
risk; or
(11)
insurance provided by or guaranteed by government; or.
(12)
insurance of warranties or service contracts, including insurance that provides
for the repair, replacement, or services of goods or property, or
indemnification for repair, replacement or service, for the operation or
structural failure of the goods or property due to a defect in materials,
workmanship or normal wear and tear, or provides reimbursement for the
liability insured by the user of agreement or service contracts that provide
these benefits.
Sec.
5. Minnesota Statutes 2004, section
61A.02, subdivision 3, is amended to read:
Subd.
3. Disapproval. (a) The commissioner shall, within 60
days after the filing of any form, disapprove the form:
(1) if the
benefits provided are unreasonable in relation to the premium charged;
(2) if the
safety and soundness of the company would be threatened by the offering of an
excess rate of interest on the policy or contract;
(3) if it
contains a provision or provisions which are unlawful, unfair, inequitable,
misleading, or encourages misrepresentation of the policy; or
(4) if the
form, or its provisions, is otherwise not in the public interest. It shall be unlawful for the company to issue
any policy in the form so disapproved.
If the commissioner does not within 60 days after the filing of any
form, disapprove or otherwise object, the form shall be deemed approved.
(b) When an
insurer or the Minnesota Comprehensive Health Association fails to respond to
an objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission.
(c)
Sec.
6. Minnesota Statutes 2004, section
61A.092, subdivision 1, is amended to read:
Subdivision
1. Continuation
of coverage. Every group insurance
policy issued or renewed within this state after August 1, 1987, providing
coverage for life insurance benefits shall contain a provision that permits
covered employees who are voluntarily or involuntarily terminated or laid off
from their employment, if the policy remains in force for any active employee
of the employer, to elect to continue the coverage for themselves and their
dependents. If the policy includes
other benefits, the election provided by this section extends to those other
benefits.
An employee
is considered to be laid off from employment if there is a reduction in hours
to the point where the employee is no longer eligible for coverage under the
group life insurance policy. Termination
does not include discharge for gross misconduct.
Sec.
7. Minnesota Statutes 2004, section
61A.092, subdivision 3, is amended to read:
Subd.
3. Notice
of options. Upon termination of or
layoff from employment of a covered employee, the employer shall inform the
employee of:
(1) the
employee's right to elect to continue the coverage;
(2) the
amount the employee must pay monthly to the employer to retain the coverage;
(3) the
manner in which and the office of the employer to which the payment to the
employer must be made; and
(4) the
time by which the payments to the employer must be made to retain coverage.
The
employee has 60 days within which to elect coverage. The 60-day period shall begin to run on the
date coverage would otherwise terminate or on the date upon which notice of the
right to coverage is received, whichever is later.
If the
covered employee or covered dependent dies during the 60-day election period
and before the covered employee makes an election to continue or reject
continuation, then the covered employee will be considered to have elected
continuation of coverage. The estate
of beneficiary previously selected by the former employee or covered
dependent would then be entitled to a death benefit equal to the amount of
insurance that could have been continued less any unpaid premium owing as of
the date of death.
Notice must
be in writing and sent by first class mail to the employee's last known address
which the employee has provided to the employer.
A notice in
substantially the following form is sufficient: "As a terminated or laid
off employee, the law authorizes you to maintain your group insurance benefits,
in an amount equal to the amount of insurance in effect on the date you
terminated or were laid off from employment, for a period of up to 18
months. To do so, you must notify your
former employer within 60 days of your receipt of this notice that you intend
to retain this coverage and must make a monthly payment of $............ at
............. by the ............. of each month."
Sec.
8. Minnesota Statutes 2004, section
62A.02, subdivision 3, is amended to read:
Subd.
3. Standards
for disapproval. (a) The
commissioner shall, within 60 days after the filing of any form or rate,
disapprove the form or rate:
(1) if the
benefits provided are not reasonable in relation to the premium charged;
(2) if it
contains a provision or provisions which are unjust, unfair, inequitable,
misleading, deceptive or encourage misrepresentation of the health plan form,
or otherwise does not comply with this chapter, chapter 62L, or chapter 72A;
(3) if the
proposed premium rate is excessive or not adequate; or
(4) the
actuarial reasons and data submitted do not justify the rate.
The party
proposing a rate has the burden of proving by a preponderance of the evidence
that it does not violate this subdivision.
In
determining the reasonableness of a rate, the commissioner shall also review
all administrative contracts, service contracts, and other agreements to
determine the reasonableness of the cost of the contracts or agreement and
effect of the contracts on the rate. If
the commissioner determines that a contract or agreement is not reasonable, the
commissioner shall disapprove any rate that reflects any unreasonable cost
arising out of the contract or agreement.
The commissioner may require any information that the commissioner deems
necessary to determine the reasonableness of the cost.
For the
purposes of this subdivision, the commissioner shall establish by rule a
schedule of minimum anticipated loss ratios which shall be based on (i) the
type or types of coverage provided, (ii) whether the policy is for group or
individual coverage, and (iii) the size of the group for group policies. Except for individual policies of disability
or income protection insurance, the minimum anticipated loss ratio shall not be
less than 50 percent after the first year that a policy is in force. All applicants for a policy shall be informed
in writing at the time of application of the anticipated loss ratio of the
policy. "Anticipated loss ratio" means the ratio at the time of
filing, at the time of notice of withdrawal under subdivision 4a, or at the
time of subsequent rate revision of the present value of all expected future
benefits, excluding dividends, to the present value of all expected future
premiums.
If the
commissioner notifies a health carrier that has filed any form or rate that it
does not comply with this chapter, chapter 62L, or chapter 72A, it shall be unlawful
for the health carrier to issue or use the form or rate. In the notice the commissioner shall specify
the reasons for disapproval and state that a hearing will be granted within 20
days after request in writing by the health carrier.
The 60-day
period within which the commissioner is to approve or disapprove the form or
rate does not begin to run until a complete filing of all data and materials
required by statute or requested by the commissioner has been submitted.
However, if
the supporting data is not filed within 30 days after a request by the
commissioner, the rate is not effective and is presumed to be an excessive
rate.
(b) When an
insurer or the Minnesota Comprehensive Health Association fails to respond to
an objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission.
Sec.
9. Minnesota Statutes 2004, section
62A.095, subdivision 1, is amended to read:
Subdivision
1. Applicability. (a) No health plan shall be offered, sold, or
issued to a resident of this state, or to cover a resident of this state,
unless the health plan complies with subdivision 2.
(b) Health
plans providing benefits under health care programs administered by the
commissioner of human services are not subject to the limits described in
subdivision 2 but are subject to the right of subrogation provisions under
section 256B.37 and the lien provisions under section 256.015; 256B.042;
256D.03, subdivision 8; or 256L.03, subdivision 6.
For purposes
of this section, "health plan" includes coverage that is excluded
under section 62A.011, subdivision 3, clauses (4), (7), and (10).
Sec.
10. Minnesota Statutes 2004, section
62A.17, subdivision 1, is amended to read:
Subdivision
1. Continuation
of coverage. Every group insurance
policy, group subscriber contract, and health care plan included within the
provisions of section 62A.16, except policies, contracts, or health care plans
covering employees of an agency of the federal government, shall contain a
provision which permits every covered employee who is voluntarily or
involuntarily terminated or laid off from employment and every covered
dependent of the covered employee, if the policy, contract, or health care
plan remains in force for active employees of the employer, to elect to
continue the coverage for the employee and dependents.
An employee
shall be considered to be laid off from employment if there is a reduction in
hours to the point where the employee is no longer eligible under the policy,
contract, or health care plan.
Termination shall not include discharge for gross misconduct.
Upon request
by the terminated or laid off employee or any covered dependent, a
health carrier must provide the instructions necessary to enable the employee or
dependent to elect and receive continuation of coverage through
the insurer in place of the former employer.
Sec.
11. Minnesota Statutes 2004, section 62A.17,
subdivision 2, is amended to read:
Subd.
2. Responsibility
of employee. Every covered employee or
dependent electing to continue coverage shall pay the former employer, on a
monthly basis, the cost of the continued coverage. The policy, contract, or plan must require
the group policyholder or contract holder to, upon request, provide the
employee or dependent with written verification from the insurer of the
cost of this coverage promptly at the time of eligibility for this coverage and
at any time during the continuation period.
If the policy, contract, or health care plan is administered by a trust,
every covered employee or dependent electing to continue coverage shall
pay the trust the cost of continued coverage according to the eligibility rules
established by the trust. In no event
shall the amount of premium charged exceed 102 percent of the cost to the plan
for such period of coverage for similarly situated employees with respect to
whom neither termination nor layoff has occurred, without regard to whether
such cost is paid by the employer or employee.
The employee and every covered dependent shall be eligible to
continue the coverage until the employee becomes covered under another group
health plan, or for a period of 18 months after the termination of or lay off
from employment, whichever is shorter. If
the employee becomes covered under another group policy, contract, or health
plan that does not include dependent coverage, every covered dependent remains
eligible to continue coverage with the former employer subject to the
conditions specified in this subdivision.
If the employee or any covered dependent becomes covered
under another group policy, contract, or health plan and the new group policy,
contract, or health plan contains any preexisting condition limitations, the
employee or dependent may, subject to the 18-month maximum continuation
limit, continue coverage with the former employer until the preexisting
condition limitations have been satisfied.
The new policy, contract, or health plan is primary except as to the
preexisting condition. In the case of a
newborn child who is a dependent of the employee, the new policy, contract, or
health plan is primary upon the date of birth of the child, regardless of which
policy, contract, or health plan coverage is deemed primary for the mother of
the child.
Sec.
12. Minnesota Statutes 2004, section
62A.17, subdivision 5, is amended to read:
Subd.
5. Notice
of options. Upon the termination of
or lay off from employment of an eligible employee, the employer shall inform
the employee within ten days after termination or lay off of:
(a) the
right to elect to continue the coverage;
(b) the
amount the employee must pay monthly to the employer or health carrier to
retain the coverage;
(c) the
manner in which and the office of the employer or health carrier to
which the payment to the employer or health carrier must be made; and
(d) the
time by which the payments to the employer or health carrier must be
made to retain coverage.
If the
policy, contract, or health care plan is administered by a trust, the employer
is relieved of the obligation imposed by clauses (a) to (d). The trust shall inform the employee of the
information required by clauses (a) to (d).
The
employee shall have 60 days within which to elect coverage. The 60-day period shall begin to run on the
date plan coverage would otherwise terminate or on the date upon which notice
of the right to coverage is received, whichever is later.
Notice must
be in writing and sent by first class mail to the employee's last known address
which the employee has provided the employer or trust.
A notice in
substantially the following form shall be sufficient: "As a terminated or
laid off employee, the law authorizes you to maintain your group medical
insurance for a period of up to 18 months.
To do so you must notify your former employer or health carrier within
60 days of your receipt of this notice that you intend to retain this coverage
and must make a monthly payment of $.......... to ........... at .......... by
the ............... of each month."
Sec.
13. Minnesota Statutes 2004, section
62A.27, is amended to read:
62A.27 COVERAGE OF ADOPTED CHILDREN.
(a) A
health plan that provides coverage to a Minnesota resident must cover adopted
children of the insured, subscriber, participant, or enrollee on the same basis
as other dependents. Consequently, the
plan shall not contain any provision concerning preexisting condition
limitations, insurability, eligibility, or health underwriting approval
concerning children placed for adoption with the participant.
(b) The
coverage required by this section is effective from the date of placement for
adoption. For purposes of this section,
placement for adoption means the assumption and retention by a person of a
legal obligation for total or partial support of a child in anticipation of
adoption of the child. The child's
placement with a person terminates upon the termination of the legal obligation
for total or partial support.
(c) For the
purpose of this section, health plan includes:
(1)
coverage offered by community integrated service networks;
(2)
coverage that is designed solely to provide dental or vision care; and
(3) any
plan under the federal Employee Retirement Income Security Act of 1974 (ERISA),
United States Code, title 29, sections 1001 to 1461.
(d)
No policy or contract covered by this section may require notification to a
health carrier as a condition for this dependent coverage. However, if the policy or contract mandates
an additional premium for each dependent, the health carrier is entitled to all
premiums that would have been collected had the health carrier been aware of
the additional dependent. The health
carrier may withhold payment of any health benefits for the new dependent until
it has been compensated with the applicable premium which would have been owed
if the health carrier had been informed of the additional dependent
immediately.
Sec.
14. Minnesota Statutes 2004, section
62A.3093, is amended to read:
62A.3093 COVERAGE FOR DIABETES.
A health
plan, including a plan providing the coverage specified in section 62A.011,
subdivision 3, clause (10), must provide coverage for: (1) all physician
prescribed medically appropriate and necessary equipment and supplies used in
the management and treatment of diabetes not otherwise covered for that
person under Medicare or Medicare Part D; and (2) diabetes outpatient
self-management training and education, including medical nutrition therapy,
that is provided by a certified, registered, or licensed health care
professional working in a program consistent with the national standards of
diabetes self-management education as established by the American Diabetes
Association. Coverage must include
persons with gestational, type I or type II diabetes. Coverage required under this section is
subject to the same deductible or coinsurance provisions applicable to the
plan's hospital, medical expense, medical equipment, or prescription drug
benefits. A health carrier may not
reduce or eliminate coverage due to this requirement.
EFFECTIVE DATE. This section is effective January 1, 2006.
Sec.
15. [62A.3161]
MEDICARE SUPPLEMENT PLAN WITH 50 PERCENT COVERAGE.
The
Medicare supplement plan with 50 percent coverage must have a level of coverage
that will provide:
(1) 100
percent of Medicare Part A hospitalization coinsurance plus coverage for 365
days after Medicare benefits end;
(2)
coverage for 50 percent of the Medicare Part A inpatient hospital deductible
amount per benefit period until the out-of-pocket limitation is met as
described in clause (8);
(3)
coverage for 50 percent of the coinsurance amount for each day used from the
21st through the 100th day in a Medicare benefit period for posthospital
skilled nursing care eligible under Medicare Part A until the out-of-pocket
limitation is met as described in clause (8);
(4)
coverage for 50 percent of cost sharing for all Medicare Part A eligible
expenses and respite care until the out-of-pocket limitation is met as described
in clause (8);
(5)
coverage for 50 percent, under Medicare Part A or B, of the reasonable cost of
the first three pints of blood, or equivalent quantities of packed red blood
cells, as defined under federal regulations, unless replaced according to
federal regulations, until the out-of-pocket limitation is met as described in
clause (8);
(6) except
for coverage provided in this clause, coverage for 50 percent of the cost
sharing otherwise applicable under Medicare Part B, after the policyholder pays
the Medicare Part B deductible, until the out-of-pocket limitation is met as
described in clause (8);
(7)
coverage of 100 percent of the cost sharing for Medicare Part B preventive
services and diagnostic procedures for cancer screening described in section
62A.30 after the policyholder pays the Medicare Part B deductible; and
(8)
coverage of 100 percent of all cost sharing under Medicare Parts A and B for
the balance of the calendar year after the individual has reached the
out-of-pocket limitation on annual expenditures under Medicare Parts A and B of
$4,000 in 2006, indexed each year by the appropriate inflation adjustment by
the secretary of the United States Department of Health and Human Services.
Sec.
16. [62A.3162]
MEDICARE SUPPLEMENT PLAN WITH 75 PERCENT COVERAGE.
The basic
Medicare supplement plan with 75 percent coverage must have a level of coverage
that will provide:
(1) 100
percent of Medicare Part A hospitalization coinsurance plus coverage for 365
days after Medicare benefits end;
(2)
coverage for 75 percent of the Medicare Part A inpatient hospital deductible
amount per benefit period until the out-of-pocket limitation is met as
described in clause (8);
(3)
coverage for 75 percent of the coinsurance amount for each day used from the
21st through the 100th day in a Medicare benefit period for posthospital
skilled nursing care eligible under Medicare Part A until the out-of-pocket
limitation is met as described in clause (8);
(4)
coverage for 75 percent of cost sharing for all Medicare Part A eligible
expenses and respite care until the out-of-pocket limitation is met as
described in clause (8);
(5)
coverage for 75 percent, under Medicare Part A or B, of the reasonable cost of
the first three pints of blood, or equivalent quantities of packed red blood
cells, as defined under federal regulations, unless replaced according to
federal regulations until the out-of-pocket limitation is met as described in
clause (8);
(6) except
for coverage provided in this clause, coverage for 75 percent of the cost
sharing otherwise applicable under Medicare Part B after the policyholder pays
the Medicare Part B deductible until the out-of-pocket limitation is met as
described in clause (8);
(7)
coverage of 100 percent of the cost sharing for Medicare Part B preventive
services and diagnostic procedures for cancer screening described in section
62A.30 after the policyholder pays the Medicare Part B deductible; and
(8)
coverage of 100 percent of all cost sharing under Medicare Parts A and B for
the balance of the calendar year after the individual has reached the
out-of-pocket limitation on annual expenditures under Medicare Parts A and B of
$2,000 in 2006, indexed each year by the appropriate inflation adjustment by
the Secretary of the United States Department of Health and Human Services.
Sec.
17. Minnesota Statutes 2004, section
62C.14, subdivision 9, is amended to read:
Subd.
9. Required
filing. No service plan corporation
shall deliver or issue for delivery in this state any subscriber contract,
endorsement, rider, amendment or application until a copy of the form thereof
has been filed with the commissioner, subject to disapproval by the
commissioner. Any such form issued or in
use on August 1, 1971, if filed with the commissioner within 60 days after
August 1, 1971, shall be deemed filed upon receipt by the commissioner. When an insurer, service plan corporation,
or the Minnesota Comprehensive Health Association fails to respond to an
objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission. The commissioner also
may by regulation exempt from filing those subscriber contracts issued to a
group of not less than 300 subscribers, or to other groups upon such reasonable
conditions and restrictions as the commissioner may require.
Sec.
18. Minnesota Statutes 2004, section
62C.14, subdivision 10, is amended to read:
Subd. 10. Filing
or disapproval. Except as otherwise
provided in subdivision 9, all forms received by the commissioner shall be
deemed filed 60 days after received unless disapproved by order transmitted to
the corporation stating that the form used in a specified respect is contrary
to law, contains a provision or provisions which are unfair, inequitable,
misleading, inconsistent or ambiguous, or is in part illegible. It shall be unlawful to issue or use a
document disapproved by the commissioner.
When an insurer, service plan corporation, or the Minnesota
Comprehensive Health Association fails to respond to an objection or inquiry
within 60 days, the filing is automatically disapproved. A resubmission is required if action by the
Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission.
Sec.
19. Minnesota Statutes 2004, section
62E.13, subdivision 3, is amended to read:
Subd.
3. Duties
of writing carrier. The writing
carrier shall perform all administrative and claims payment functions required
by this section. The writing carrier
shall provide these services for a period of three five years,
unless a request to terminate is approved by the commissioner. The commissioner shall approve or deny a
request to terminate within 90 days of its receipt. A failure to make a final decision on a
request to terminate within the specified period shall be deemed to be an
approval. Six months prior to the
expiration of each three-year five-year period, the association
shall invite submissions of policy forms from members of the association,
including the writing carrier. The
association shall follow the provisions of subdivision 2 in selecting a writing
carrier for the subsequent three-year five-year period.
Sec. 20. Minnesota Statutes 2004, section 62E.14,
subdivision 5, is amended to read:
Subd.
5. Terminated
employees. An employee who is
voluntarily or involuntarily terminated or laid off from employment and unable
to exercise the option to continue coverage under section 62A.17, and who is
a Minnesota resident and who is otherwise eligible, may enroll in the
comprehensive health insurance plan, by submitting an application that is
received by the writing carrier no later than 90 days after termination or layoff,
with a waiver of the preexisting condition limitation set forth in subdivision
3 and a waiver of the evidence of rejection set forth in subdivision 1,
paragraph (c).
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
21. Minnesota Statutes 2004, section
62L.02, subdivision 24, is amended to read:
Subd.
24. Qualifying
coverage. "Qualifying
coverage" means health benefits or health coverage provided under:
(1) a
health benefit plan, as defined in this section, but without regard to whether
it is issued to a small employer and including blanket accident and sickness
insurance, other than accident-only coverage, as defined in section 62A.11;
(2) part A
or part B of Medicare;
(3) medical
assistance under chapter 256B;
(4)
general assistance medical care under chapter 256D;
(5) MCHA;
(6) a
self-insured health plan;
(7) the
MinnesotaCare program established under section 256L.02;
(8) a plan
provided under section 43A.316, 43A.317, or 471.617;
(9) the
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) or
other coverage provided under United States Code, title 10, chapter 55;
(10)
coverage provided by a health care network cooperative under chapter 62R;
(11) a
medical care program of the Indian Health Service or of a tribal organization;
(12) the
federal Employees Health Benefits Plan, or other coverage provided under United
States Code, title 5, chapter 89;
(13) a
health benefit plan under section 5(e) of the Peace Corps Act, codified as United
States Code, title 22, section 2504(e);
(14) a
health plan; or
(15) a plan
similar to any of the above plans provided in this state or in another state as
determined by the commissioner.;
(16) any
plan established or maintained by a state, the United States government, or a
foreign country, or any political subdivision of a state, the United States
government, or a foreign country that provides health coverage to individuals
who are enrolled in the plan; or
(17) the
State Children's Health Insurance Program (SCHIP).
Sec.
22. Minnesota Statutes 2004, section
62M.01, subdivision 2, is amended to read:
Subd.
2. Jurisdiction. Sections 62M.01 to 62M.16 apply to any
insurance company licensed under chapter 60A to offer, sell, or issue a policy
of accident and sickness insurance as defined in section 62A.01; a health
service plan licensed under chapter 62C; a health maintenance organization
licensed under chapter 62D; the Minnesota Comprehensive Health Association
created under chapter 62E; a community integrated service network licensed
under chapter 62N; an accountable provider network operating under chapter 62T;
a fraternal benefit society operating under chapter 64B; a joint self-insurance
employee health plan operating under chapter 62H; a multiple employer welfare
arrangement, as defined in section 3 of the Employee Retirement Income Security
Act of 1974 (ERISA), United States Code, title 29, section 1103, as amended; a
third party administrator licensed under section 60A.23, subdivision 8, that provides
utilization review services for the administration of benefits under a health
benefit plan as defined in section 62M.02; or any entity performing utilization
review on behalf of a business entity in this state pursuant to a health
benefit plan covering a Minnesota resident.
Sec.
23. Minnesota Statutes 2004, section
62M.09, subdivision 9, is amended to read:
Subd.
9. Annual
report. A utilization review
organization shall file an annual report with the annual financial statement it
submits to the commissioner of commerce that includes:
(1) per
1,000 claims utilization reviews, the number and rate of claims
denied determinations not to certify based on medical necessity for
each procedure or service; and
(2) the
number and rate of denials overturned on appeal.
A
utilization review organization that is not a licensed health carrier must
submit the annual report required by this subdivision on April 1 of each year.
Sec.
24. Minnesota Statutes 2005 Supplement,
section 62Q.75, subdivision 3, is amended to read:
Subd.
3. Claims
filing. Unless otherwise provided by
contract, by section 16A.124, subdivision 4a, or by federal law, or
unless the contract provides for a shorter time period, the health care
providers and facilities specified in subdivision 2 must submit their charges
to a health plan company or third-party administrator within six months from
the date of service or the date the health care provider knew or was informed
of the correct name and address of the responsible health plan company or
third-party administrator, whichever is later.
A health care provider or facility that does not make an initial
submission of charges within the six-month period shall not be reimbursed for
the charge and may not collect the charge from the recipient of the service or
any other payer. The six-month
submission requirement may be extended to 12 months in cases where a health
care provider or facility specified in subdivision 2 has determined and can
substantiate that it has experienced a significant disruption to normal
operations that materially affects the ability to conduct business in a normal
manner and to submit claims on a timely basis.
This subdivision also applies to all health care providers and facilities
that submit charges to workers' compensation payers for treatment of a workers'
compensation injury compensable under chapter 176, or to reparation obligors
for treatment of an injury compensable under chapter 65B.
Sec.
25. Minnesota Statutes 2005 Supplement,
section 65B.49, subdivision 5a, is amended to read:
Subd.
5a. Rental
vehicles. (a) Every plan of
reparation security insuring a natural person as named insured, covering
private passenger vehicles as defined under section 65B.001, subdivision 3, and
pickup trucks and vans as defined under section 168.011 must provide that all
of the obligation for damage and loss of use to a rented private passenger
vehicle, including pickup trucks and vans as defined under section 168.011, and
rented trucks with a registered gross vehicle weight of 26,000 pounds or less
would be covered by the property damage liability portion of the plan. This subdivision does not apply to plans of
reparation security covering only motor vehicles registered under section 168.10,
subdivision 1a, 1b, 1c, or 1d, or recreational equipment as defined under
section 168.011. The obligation of the
plan must not be contingent on fault or negligence. In all cases where the plan's property damage
liability coverage is less than $35,000, the coverage available under the subdivision
must be $35,000. Other than as described
in this paragraph or in paragraph (j), nothing in this section amends or alters
the provisions of the plan of reparation security as to primacy of the
coverages in this section.
(b) A
vehicle is rented for purposes of this subdivision:
(1) if the
rate for the use of the vehicle is determined on a monthly, weekly, or daily
basis; or
(2) during
the time that a vehicle is loaned as a replacement for a vehicle being serviced
or repaired regardless of whether the customer is charged a fee for the use of
the vehicle.
A
vehicle is not rented for the purposes of this subdivision if the rate for the
vehicle's use is determined on a period longer than one month or if the term of
the rental agreement is longer than one month.
A vehicle is not rented for purposes of this subdivision if the rental
agreement has a purchase or buyout option or otherwise functions as a
substitute for purchase of the vehicle.
(c) The
policy or certificate issued by the plan must inform the insured of the
application of the plan to private passenger rental vehicles, including pickup
trucks and vans as defined under section 168.011, and that the insured may not
need to purchase additional coverage from the rental company.
(d) Where
an insured has two or more vehicles covered by a plan or plans of reparation
security containing the rented motor vehicle coverage required under paragraph
(a), the insured may select the plan the insured wishes to collect from and
that plan is entitled to a pro rata contribution from the other plan or plans
based upon the property damage limits of liability. If the person renting the motor vehicle is
also covered by the person's employer's insurance policy or the employer's automobile
self-insurance plan, the reparation obligor under the employer's policy or
self-insurance plan has primary responsibility to pay claims arising from use
of the rented vehicle.
(e) A
notice advising the insured of rental vehicle coverage must be given by the
reparation obligor to each current insured with the first renewal notice after
January 1, 1989. The notice must be
approved by the commissioner of commerce.
The commissioner may specify the form of the notice.
(f) When a
motor vehicle is rented in this state, there must be attached to the rental
contract a separate form containing a written notice in at least 10-point bold
type, if printed, or in capital letters, if typewritten, which states:
Under
Minnesota law, a personal automobile insurance policy issued in Minnesota must
cover the rental of this motor vehicle against damage to the vehicle and
against loss of use of the vehicle.
Therefore, purchase of any collision damage waiver or similar insurance
affected in this rental contract is not necessary if your policy was issued in
Minnesota.
No
collision damage waiver or other insurance offered as part of or in conjunction
with a rental of a motor vehicle may be sold unless the person renting the
vehicle provides a written acknowledgment that the above consumer protection
notice has been read and understood.
(g) When
damage to a rented vehicle is covered by a plan of reparation security as
provided under paragraph (a), the rental contract must state that payment by
the reparation obligor within the time limits of section 72A.201 is acceptable,
and prior payment by the renter is not required.
(h)
Compensation for the loss of use of a damaged rented motor vehicle is limited
to a period no longer than 14 days.
(i)(1) For
purposes of this paragraph, "rented motor vehicle" means a rented
vehicle described in paragraph (a), using the definition of "rented"
provided in paragraph (b).
rented
motor vehicle to comply with the requirements of compulsory insurance through a
policy of insurance as provided in section 65B.48, subdivision 2, or through
self-insurance as provided in section 65B.48, subdivision 3; or with the
obligations arising from section 72A.125 for products sold in conjunction with
the rental of a motor vehicle. Nothing
in this paragraph alters or affects liability, other than vicarious liability,
of an owner of a rented motor vehicle.(2)
Notwithstanding section 169.09, subdivision 5a, an owner of a rented motor
vehicle is not vicariously liable for legal damages resulting from the operation
of the rented motor vehicle in an amount greater than $100,000 because of
bodily injury to one person in any one accident and, subject to the limit for
one person, $300,000 because of injury to two or more persons in any one
accident, and $50,000 because of injury to or destruction of property of others
in any one accident, if the owner of the rented motor vehicle has in effect, at
the time of the accident, a policy of insurance or self-insurance, as provided
in section 65B.48, subdivision 3, covering losses up to at least the amounts
set forth in this paragraph. Nothing in
this paragraph alters or affects the obligations of an owner of a
(3) (2) The dollar
amounts stated in this paragraph shall be adjusted for inflation based upon the
Consumer Price Index for all urban consumers, known as the CPI-U, published by
the United States Bureau of Labor Statistics.
The dollar amounts stated in this paragraph are based upon the value of
that index for July 1995, which is the reference base index for purposes of
this paragraph. The dollar amounts in
this paragraph shall change effective January 1 of each odd-numbered year based
upon the percentage difference between the index for July of the preceding year
and the reference base index, calculated to the nearest whole percentage point. The commissioner shall announce and publish,
on or before September 30 of the preceding year, the changes in the dollar
amounts required by this paragraph to take effect on January 1 of each
odd-numbered year. The commissioner
shall use the most recent revision of the July index available as of September
1. Changes in the dollar amounts must be
in increments of $5,000, and no change shall be made in a dollar amount until
the change in the index requires at least a $5,000 change. If the United States Bureau of Labor
Statistics changes the base year upon which the CPI-U is based, the
commissioner shall make the calculations necessary to convert from the old base
year to the new base year. If the CPI-U
is discontinued, the commissioner shall use the available index that is most
similar to the CPI-U.
(j) The
plan of reparation security covering the owner of a rented motor vehicle is
excess of any residual liability coverage insuring an operator of a rented
motor vehicle if the vehicle is loaned as a replacement for a vehicle being
serviced or repaired, regardless of whether a fee is charged for use of the
vehicle, provided that the vehicle so loaned is owned by the service or repair
business.
Sec.
26. Minnesota Statutes 2004, section
70A.07, is amended to read:
70A.07 RATES AND FORMS OPEN TO INSPECTION.
All rates,
supplementary rate information, and forms furnished to the commissioner under
this chapter shall, as soon as the commissioner's review has been completed
within ten days of their effective date, be open to public inspection at
any reasonable time.
Sec.
27. Minnesota Statutes 2005 Supplement,
section 72A.201, subdivision 6, is amended to read:
Subd.
6. Standards
for automobile insurance claims handling, settlement offers, and agreements. In addition to the acts specified in
subdivisions 4, 5, 7, 8, and 9, the following acts by an insurer, adjuster, or
a self-insured or self-insurance administrator constitute unfair settlement
practices:
(1) if an
automobile insurance policy provides for the adjustment and settlement of an
automobile total loss on the basis of actual cash value or replacement with
like kind and quality and the insured is not an automobile dealer, failing to
offer one of the following methods of settlement:
(a)
comparable and available replacement automobile, with all applicable taxes,
license fees, at least pro rata for the unexpired term of the replaced
automobile's license, and other fees incident to the transfer or evidence of
ownership of the automobile paid, at no cost to the insured other than the
deductible amount as provided in the policy;
(b)
a cash settlement based upon the actual cost of purchase of a comparable
automobile, including all applicable taxes, license fees, at least pro rata for
the unexpired term of the replaced automobile's license, and other fees
incident to transfer of evidence of ownership, less the deductible amount as
provided in the policy. The costs must
be determined by:
(i) the
cost of a comparable automobile, adjusted for mileage, condition, and options,
in the local market area of the insured, if such an automobile is available in
that area; or
(ii) one of
two or more quotations obtained from two or more qualified sources located
within the local market area when a comparable automobile is not available in
the local market area. The insured shall
be provided the information contained in all quotations prior to settlement; or
(iii) any
settlement or offer of settlement which deviates from the procedure above must
be documented and justified in detail.
The basis for the settlement or offer of settlement must be explained to
the insured;
(2) if an
automobile insurance policy provides for the adjustment and settlement of an
automobile partial loss on the basis of repair or replacement with like kind and
quality and the insured is not an automobile dealer, failing to offer one of
the following methods of settlement:
(a) to
assume all costs, including reasonable towing costs, for the satisfactory
repair of the motor vehicle.
Satisfactory repair includes repair of both obvious and hidden damage as
caused by the claim incident. This
assumption of cost may be reduced by applicable policy provision; or
(b) to
offer a cash settlement sufficient to pay for satisfactory repair of the
vehicle. Satisfactory repair includes
repair of obvious and hidden damage caused by the claim incident, and includes
reasonable towing costs;
(3)
regardless of whether the loss was total or partial, in the event that a
damaged vehicle of an insured cannot be safely driven, failing to exercise the
right to inspect automobile damage prior to repair within five business days
following receipt of notification of claim.
In other cases the inspection must be made in 15 days;
(4)
regardless of whether the loss was total or partial, requiring unreasonable
travel of a claimant or insured to inspect a replacement automobile, to obtain
a repair estimate, to allow an insurer to inspect a repair estimate, to allow
an insurer to inspect repairs made pursuant to policy requirements, or to have
the automobile repaired;
(5)
regardless of whether the loss was total or partial, if loss of use coverage
exists under the insurance policy, failing to notify an insured at the time of
the insurer's acknowledgment of claim, or sooner if inquiry is made, of the
fact of the coverage, including the policy terms and conditions affecting the
coverage and the manner in which the insured can apply for this coverage;
(6)
regardless of whether the loss was total or partial, failing to include the
insured's deductible in the insurer's demands under its subrogation
rights. Subrogation recovery must be
shared at least on a proportionate basis with the insured, unless the
deductible amount has been otherwise recovered by the insured, except that when
an insurer is recovering directly from an uninsured third party by means of
installments, the insured must receive the full deductible share as soon as
that amount is collected and before any part of the total recovery is applied
to any other use. No deduction for
expenses may be made from the deductible recovery unless an attorney is
retained to collect the recovery, in which case deduction may be made only for
a pro rata share of the cost of retaining the attorney. An insured is not bound by any settlement of
its insurer's subrogation claim with respect to the deductible amount, unless
the insured receives, as a result of the subrogation settlement, the full
amount of the deductible. Recovery by
the insurer and receipt by the insured of less than all of the insured's deductible
amount does not affect the insured's rights to recover any unreimbursed portion
of the deductible from parties liable for the loss;
(7)
requiring as a condition of payment of a claim that repairs to any damaged
vehicle must be made by a particular contractor or repair shop or that parts,
other than window glass, must be replaced with parts other than original
equipment parts or engaging in any act or practice of intimidation, coercion,
threat, incentive, or inducement for or against an insured to use a particular
contractor or repair shop. Consumer
benefits included within preferred vendor programs must not be considered an
incentive or inducement. At the time a
claim is reported, the insurer must provide the following advisory to the
insured or claimant:
"Minnesota
law gives You have the right to choose a repair shop to fix your
vehicle. Your policy will cover the
reasonable costs of repairing your vehicle to its pre-accident condition no
matter where you have repairs made. Have
you selected a repair shop or would you like a referral?"
After an
insured has indicated that the insured has selected a repair shop, the insurer
must cease all efforts to influence the insured's or claimant's choice of
repair shop;
(8) where
liability is reasonably clear, failing to inform the claimant in an automobile
property damage liability claim that the claimant may have a claim for loss of
use of the vehicle;
(9) failing
to make a good faith assignment of comparative negligence percentages in
ascertaining the issue of liability;
(10)
failing to pay any interest required by statute on overdue payment for an
automobile personal injury protection claim;
(11) if an
automobile insurance policy contains either or both of the time limitation
provisions as permitted by section 65B.55, subdivisions 1 and 2, failing to
notify the insured in writing of those limitations at least 60 days prior to
the expiration of that time limitation;
(12) if an
insurer chooses to have an insured examined as permitted by section 65B.56,
subdivision 1, failing to notify the insured of all of the insured's rights and
obligations under that statute, including the right to request, in writing, and
to receive a copy of the report of the examination;
(13)
failing to provide, to an insured who has submitted a claim for benefits
described in section 65B.44, a complete copy of the insurer's claim file on the
insured, excluding internal company memoranda, all materials that relate to any
insurance fraud investigation, materials that constitute attorney work-product
or that qualify for the attorney-client privilege, and medical reviews that are
subject to section 145.64, within ten business days of receiving a written
request from the insured. The insurer
may charge the insured a reasonable copying fee. This clause supersedes any inconsistent
provisions of sections 72A.49 to 72A.505;
(14) if an
automobile policy provides for the adjustment or settlement of an automobile
loss due to damaged window glass, failing to provide payment to the insured's chosen
vendor based on a competitive price that is fair and reasonable within the
local industry at large.
Where facts
establish that a different rate in a specific geographic area actually served
by the vendor is required by that market, that geographic area must be
considered. This clause does not
prohibit an insurer from recommending a vendor to the insured or from agreeing
with a vendor to perform work at an agreed-upon price, provided, however, that
before recommending a vendor, the insurer shall offer its insured the
opportunity to choose the vendor. If the
insurer recommends a vendor, the insurer must also provide the following
advisory:
"Minnesota
law gives you the right to go to any glass vendor you choose, and prohibits me
from pressuring you to choose a particular vendor.";
(15)
requiring that the repair or replacement of motor vehicle glass and related
products and services be made in a particular place or shop or by a particular
entity, or by otherwise limiting the ability of the insured to select the
place, shop, or entity to repair or replace the motor vehicle glass and related
products and services; or
(16)
engaging in any act or practice of intimidation, coercion, threat, incentive,
or inducement for or against an insured to use a particular company or location
to provide the motor vehicle glass repair or replacement services or
products. For purposes of this section,
a warranty shall not be considered an inducement or incentive.
Sec.
28. Minnesota Statutes 2004, section
72C.10, subdivision 1, is amended to read:
Subdivision
1. Readability
compliance; filing and approval. No
insurer shall make, issue, amend, or renew any policy or contract after the
dates specified in section 72C.11 for the applicable type of policy unless the
contract is in compliance with the requirements of sections 72C.06 to 72C.09
and unless the contract is filed with the commissioner for approval. The contract shall be deemed approved 90
60 days after filing unless
disapproved by the commissioner within the 90-day 60-day
period. When an insurer, service plan
corporation, or the Minnesota Comprehensive Health Association fails to respond
to an objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission. The commissioner shall
not unreasonably withhold approval. Any
disapproval shall be delivered to the insurer in writing, stating the grounds therefor. Any policy filed with the commissioner shall
be accompanied by a Flesch scale readability analysis and test score and by the
insurer's certification that the policy or contract is in its judgment readable
based on the factors specified in sections 72C.06 to 72C.08.
Sec.
29. Minnesota Statutes 2004, section
79.01, is amended by adding a subdivision to read:
Subd. 1a. Assigned
risk plan. "Assigned
risk plan" means:
(1) the
method to provide workers' compensation coverage to employers unable to obtain
coverage through licensed workers' compensation companies; and
(2) the
procedures established by the commissioner to implement that method of
providing coverage including administration of all assigned risk losses and
reserves.
Sec.
30. Minnesota Statutes 2004, section
79.01, is amended by adding a subdivision to read:
Subd. 1b. Employer. "Employer" has the meaning given
in section 176.011, subdivision 10.
Sec.
31. Minnesota Statutes 2004, section
79.251, subdivision 1, is amended to read:
Subdivision
1. General
duties of commissioner. (a)(1) The
commissioner shall have all the usual powers and authorities necessary for the
discharge of the commissioner's duties under this section and may contract with
individuals in discharge of those duties.
The commissioner shall audit the reserves established (a) for individual
cases arising under policies and contracts of coverage issued under subdivision
4 and (b) for the total book of business issued under subdivision 4. If the commissioner determines on the basis
of an audit that there is an excess surplus in the assigned risk plan, the
commissioner must notify the commissioner of finance who shall transfer assets
of the plan equal to the excess surplus to the budget reserve account in the
general fund.
(2) The
commissioner shall monitor the operations of section 79.252 and this section
and shall periodically make recommendations to the governor and legislature
when appropriate, for improvement in the operation of those sections.
(3)
All insurers and self-insurance administrators issuing policies or contracts
under subdivision 4 shall pay to the commissioner a .25 percent assessment on
premiums for policies and contracts of coverage issued under subdivision 4 for
the purpose of defraying the costs of performing the duties under clauses (1)
and (2). Proceeds of the assessment
shall be deposited in the state treasury and credited to the general fund.
(4) The
assigned risk plan shall not be deemed a state agency.
(5) The
commissioner shall monitor and have jurisdiction over all reserves maintained
for assigned risk plan losses.
(b) As used
in this subdivision, "excess surplus" means the amount of assigned
risk plan assets in excess of the amount needed to pay all current liabilities
of the plan, including, but not limited to:
(1)
administrative expenses;
(2) benefit
claims; and
(3) if the
assigned risk plan is dissolved under subdivision 8, the amounts that would be
due insurers who have paid assessments to the plan.
Sec.
32. Minnesota Statutes 2004, section
79.251, is amended by adding a subdivision to read:
Subd. 2a. Assigned
risk rating plan. (a)
Employers insured through the assigned risk plan are subject to paragraphs (b)
and (c).
(b)
Classifications must be assigned according to a uniform classification system
approved by the commissioner.
(c) Rates
must be modified according to an experience rating plan approved by the
commissioner. Any experience rating plan
is subject to Minnesota Rules, parts 2700.2800 and 2700.2900.
Sec.
33. Minnesota Statutes 2004, section
79.252, is amended by adding a subdivision to read:
Subd. 2a. Minimum
qualifications. Any employer
that (1) is required to carry workers' compensation insurance pursuant to
chapter 176 and (2) has a current written notice of refusal to insure pursuant
to subdivision 2, is entitled to coverage upon making written application to
the assigned risk plan, and paying the applicable premium.
Sec.
34. Minnesota Statutes 2004, section
79.252, is amended by adding a subdivision to read:
Subd. 3a. Disqualifying
factors. An employer may be
denied or terminated from coverage through the assigned risk plan if the
employer:
(1) applies
for coverage for only a portion of the employer's statutory liability under
chapter 176, excluding wrap-up policies;
(2) has an
outstanding debt due and owing to the assigned risk plan at the time of renewal
arising from a prior policy;
(3)
persistently refuses to permit completion of an adequate payroll audit;
(4)
repeatedly submits misleading or erroneous payroll information; or
(5)
flagrantly disregards safety or loss control recommendations. Cancellation for nonpayment of premium may be
initiated by the service contractor upon 60 days' written notice to the
employer pursuant to section 176.185, subdivision 1.
Sec.
35. Minnesota Statutes 2004, section
79.252, is amended by adding a subdivision to read:
Subd. 3b. Occupational
disease exposure. An employer
having a significant occupational disease exposure, as determined by the
commissioner, to be entitled to coverage shall have physical examinations made:
(a) of
employees who have not been examined within one year of the date of application
for assignment;
(b) of new
employees before hiring; and
(c) of
terminated employees. Upon request, the
findings and reports of doctors making examinations, together with x-rays and
other original exhibits, must be furnished to the assigned risk plan or the
Department of Labor and Industry.
Sec.
36. Minnesota Statutes 2005 Supplement,
section 79A.04, subdivision 2, is amended to read:
Subd.
2. Minimum
deposit. The minimum deposit is 110
percent of the private self-insurer's estimated future liability. The deposit may be used to secure payment of
all administrative and legal costs, and unpaid assessments required by section
79A.12, subdivision 2, relating to or arising from its or other employers'
self-insuring. As used in this section,
"private self-insurer" includes both current and former members of
the self-insurers' security fund; and "private self-insurers' estimated
future liability" means the private self-insurers' total of estimated
future liability as determined by an Associate or Fellow of the Casualty
Actuarial Society every year for group member private self-insurers and, for a
nongroup member private self-insurer's authority to self-insure, every year for
the first five years. After the first
five years, the nongroup member's total shall be as determined by an Associate
or Fellow of the Casualty Actuarial Society at least every two years, and each
such actuarial study shall include a projection of future losses during the
period until the next scheduled actuarial study, less payments anticipated to
be made during that time.
All data
and information furnished by a private self-insurer to an Associate or Fellow
of the Casualty Actuarial Society for purposes of determining private
self-insurers' estimated future liability must be certified by an officer of
the private self-insurer to be true and correct with respect to payroll and
paid losses, and must be certified, upon information and belief, to be true and
correct with respect to reserves. The
certification must be made by sworn affidavit.
In addition to any other remedies provided by law, the certification of
false data or information pursuant to this subdivision may result in a fine
imposed by the commissioner of commerce on the private self-insurer up to the
amount of $5,000, and termination of the private self-insurers' authority to
self-insure. The determination of
private self-insurers' estimated future liability by an Associate or Fellow of
the Casualty Actuarial Society shall be conducted in accordance with standards
and principles for establishing loss and loss adjustment expense reserves by
the Actuarial Standards Board, an affiliate of the American Academy of
Actuaries. The commissioner may reject
an actuarial report that does not meet the standards and principles of the
Actuarial Standards Board, and may further disqualify the actuary who prepared
the report from submitting any future actuarial reports pursuant to this
chapter. Within 30 days after the
actuary has been served by the commissioner with a notice of disqualification,
an actuary who is aggrieved by the disqualification may request a hearing to be
conducted in accordance with chapter 14.
Based on a review of the actuarial report, the commissioner of commerce
may require an increase in the minimum security deposit in an amount the
commissioner considers sufficient.
In
addition, the Minnesota self-insurers' security fund may, at its sole
discretion and cost, undertake an independent actuarial review or an actuarial
study of a private self-insurers' estimated future liability as defined
herein. The review or study must be
conducted by an associate or fellow of the Casualty Actuarial Society. The actuary
has the right to receive and review data and information of the self-insurer
necessary for the actuary to complete its review or study. A copy of this report must be filed with the
commissioner and a copy must be furnished to the self-insurer.
Estimated
future liability is determined by first taking the total amount of the
self-insured's future liability of workers' compensation claims and then
deducting the total amount which is estimated to be returned to the self-insurer
from any specific excess insurance coverage, aggregate excess insurance
coverage, and any supplementary benefits or second injury benefits which are
estimated to be reimbursed by the special compensation fund. However, in the determination of estimated
future liability, the actuary for the self-insurer shall not take a credit for
any excess insurance or reinsurance which is provided by a captive insurance
company which is wholly owned by the self-insurer. Supplementary benefits or second injury benefits
will not be reimbursed by the special compensation fund unless the special
compensation fund assessment pursuant to section 176.129 is paid and the
reports required thereunder are filed with the special compensation fund. In the case of surety bonds, bonds shall
secure administrative and legal costs in addition to the liability for payment
of compensation reflected on the face of the bond. In no event shall the security be less than
the last retention limit selected by the self-insurer with the Workers'
Compensation Reinsurance Association, provided that the commissioner may allow
former members to post less than the Workers' Compensation Reinsurance
Association retention level if that amount is adequate to secure payment of the
self-insurers' estimated future liability, as defined in this subdivision,
including payment of claims, administrative and legal costs, and unpaid
assessments required by section 79A.12, subdivision 2. The posting or depositing of security
pursuant to this section shall release all previously posted or deposited
security from any obligations under the posting or depositing and any surety
bond so released shall be returned to the surety. Any other security shall be returned to the
depositor or the person posting the bond.
As a
condition for the granting or renewing of a certificate to self-insure, the
commissioner may require a private self-insurer to furnish any additional
security the commissioner considers sufficient to insure payment of all claims
under chapter 176.
Sec. 37. Minnesota Statutes 2004, section 79A.23,
subdivision 3, is amended to read:
Subd.
3. Operational
audit. (a) The commissioner,
prior to authorizing surplus distribution of a commercial self-insurance
group's first fund year or no later than after the third anniversary of the
group's authority to self-insure, may conduct an operational audit of the
commercial self-insurance group's claim handling and reserve practices as well
as its underwriting procedures to determine if they adhere to the group's business
plan and sound business practices.
The commissioner may select outside consultants to assist in conducting
the audit. After completion of the
audit, the commissioner shall either renew or revoke the commercial
self-insurance group's authority to self-insure. The commissioner may also order any changes
deemed necessary in the claims handling, reserving practices, or underwriting
procedures of the group.
(b) The
cost of the operational audit shall be borne by the commercial self-insurance
group.
Sec.
38. Minnesota Statutes 2004, section
79A.32, is amended to read:
79A.32 REPORTING TO MINNESOTA WORKERS' COMPENSATION
INSURERS' ASSOCIATION LICENSED DATA SERVICE ORGANIZATIONS.
Subdivision
1. Required activity. Each
self-insurer shall perform the following activities:
(1)
maintain membership in and report loss experience data to the Minnesota
Workers' Compensation Insurers Association, or a licensed data service
organization, in accordance with the statistical plan and rules of the
organization as approved by the commissioner;
(2)
establish a plan for merit rating which shall be consistently applied to all
insureds, provided that members of a data service organization may use merit
rating plans developed by that data service organization;
(3) provide
an annual report to the commissioner containing the information and prepared in
the form required by the commissioner; and
(4) keep a
record of the losses paid by the self-insurers and premiums for the group
self-insurers.
Subd.
2. Permitted
activity. In addition to any
other activities not prohibited by this chapter, self-insurers may
Through data service organizations licensed under chapter 79, self-insurers may:
(1) through
licensed data service organizations, individually, or with self-insurers
commonly owned, managed, or controlled, conduct research and collect statistics
to investigate, identify, and classify information relating to causes or
prevention of losses; and
(2) develop
and use classification plans and rates based upon any reasonable factors; and
at the request of a private self-insurer or self-insurer group, submit and
collect data, including payroll and loss data; and perform calculations,
including calculations of experience modifications of individual self-insured
employers.
(3) develop
rules for the assignment of risks to classifications.
Subd. 3. Delayed
reporting. Private
self-insurers established under sections 79A.01 to 79A.18 prior to August 1,
1995, need not begin filing the reports required under subdivision 1 until January
1, 1998.
Sec.
39. REPEALER.
Minnesota
Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500; and
2781.0600, are repealed."
Delete the title and insert:
"A bill for an act relating to
commerce; regulating licensee education; regulating certain insurance forms and
rates, coverages, filings and reportings, utilization reviews, and claims;
amending Minnesota Statutes 2004, sections 60C.02, subdivision 1; 61A.02,
subdivision 3; 61A.092, subdivisions 1, 3; 62A.02, subdivision 3; 62A.095,
subdivision 1; 62A.17, subdivisions 1, 2, 5; 62A.27; 62A.3093; 62C.14,
subdivisions 9, 10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62L.02,
subdivision 24; 62M.01, subdivision 2; 62M.09, subdivision 9; 70A.07; 72C.10,
subdivision 1; 79.01, by adding subdivisions; 79.251, subdivision 1, by adding
a subdivision; 79.252, by adding subdivisions; 79A.23, subdivision 3; 79A.32;
Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 59B.01; 62Q.75,
subdivision 3; 65B.49, subdivision 5a; 72A.201, subdivision 6; 79A.04,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 62A;
repealing Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400;
2781.0500; 2781.0600."
The motion prevailed and the amendment was
adopted.
Wilkin moved to amend S. F. No. 3480, as amended, as follows:
Page 2, delete section 3
Page 3, delete section 4
Page
7, delete sections 10 and 11
Page 10, delete section 14 and insert:
"Sec. 14.
Minnesota Statutes 2004, section 62A.3093, is amended to read:
62A.3093 COVERAGE FOR
DIABETES.
Subdivision 1.
Required coverage. A health plan, including a plan providing the
coverage specified in section 62A.011, subdivision 3, clause (10), must provide
coverage for: (1) all physician prescribed medically appropriate and necessary
equipment and supplies used in the management and treatment of diabetes; and
(2) diabetes outpatient self-management training and education, including
medical nutrition therapy, that is provided by a certified, registered, or licensed
health care professional working in a program consistent with the national
standards of diabetes self-management education as established by the American
Diabetes Association. Coverage must
include persons with gestational, type I or type II diabetes. Coverage required under this section is
subject to the same deductible or coinsurance provisions applicable to the
plan's hospital, medical expense, medical equipment, or prescription drug
benefits. A health carrier may not
reduce or eliminate coverage due to this requirement.
Subd. 2. Medicare Part D exception. A health plan providing the coverage
specified in section 62A.011, subdivision 3, clause (10), is not subject to the
requirements of subdivision 1, clause (1), with respect to equipment and supplies
covered under the Medicare Part D Prescription Drug program, whether or not the
covered person is enrolled in a Medicare Part D plan.
This subdivision does not apply to a health plan providing
the coverage specified in section 62A.011, subdivision 3, clause (10), that was
in effect on December 31, 2005, if the covered person remains enrolled in the
plan and does not enroll in a Medicare Part D plan.
EFFECTIVE
DATE. This section is
effective retroactive to January 1, 2006.
Sec. 15. Minnesota Statutes
2005 Supplement, section 62A.316, is amended to read:
62A.316 BASIC MEDICARE
SUPPLEMENT PLAN; COVERAGE.
(a) The basic Medicare supplement plan must have a level of
coverage that will provide:
(1) coverage for all of the Medicare Part A inpatient
hospital coinsurance amounts, and 100 percent of all Medicare part A eligible
expenses for hospitalization not covered by Medicare, after satisfying the
Medicare Part A deductible;
(2) coverage for the daily co-payment amount of Medicare Part
A eligible expenses for the calendar year incurred for skilled nursing facility
care;
(3) coverage for the coinsurance amount, or in the case of
outpatient department services paid under a prospective payment system, the
co-payment amount, of Medicare eligible expenses under Medicare Part B
regardless of hospital confinement, subject to the Medicare Part B deductible
amount;
(4) 80 percent of the hospital and medical expenses and
supplies incurred during travel outside the United States as a result of a
medical emergency;
(5)
coverage for the reasonable cost of the first three pints of blood, or
equivalent quantities of packed red blood cells as defined under federal
regulations under Medicare Parts A and B, unless replaced in accordance with
federal regulations;
(6) 100 percent of the cost of immunizations not otherwise
covered under Part D of the Medicare program and routine screening procedures
for cancer screening including mammograms and pap smears; and
(7) 80 percent of coverage for all physician prescribed medically
appropriate and necessary equipment and supplies used in the management and
treatment of diabetes not otherwise covered under Part D of the Medicare
program. Coverage must include persons
with gestational, type I, or type II diabetes.
Coverage under this clause is subject to section 62A.3093,
subdivision 2.
(b) Only the following optional benefit riders may be added
to this plan:
(1) coverage for all of the Medicare Part A inpatient
hospital deductible amount;
(2) a minimum of 80 percent of eligible medical expenses and
supplies not covered by Medicare Part B, not to exceed any charge limitation
established by the Medicare program or state law;
(3) coverage for all of the Medicare Part B annual
deductible;
(4) coverage for at least 50 percent, or the equivalent of 50
percent, of usual and customary prescription drug expenses. An outpatient prescription drug benefit must
not be included for sale or issuance in a Medicare policy or certificate issued
on or after January 1, 2006;
(5) preventive medical care benefit coverage for the
following preventative health services not covered by Medicare:
(i) an annual clinical preventive medical history and
physical examination that may include tests and services from clause (ii) and
patient education to address preventive health care measures;
(ii) preventive screening tests or preventive services, the
selection and frequency of which is determined to be medically appropriate by
the attending physician.
Reimbursement shall be for the actual charges up to 100
percent of the Medicare-approved amount for each service, as if Medicare were
to cover the service as identified in American Medical Association current
procedural terminology (AMA CPT) codes, to a maximum of $120 annually under
this benefit. This benefit shall not
include payment for a procedure covered by Medicare;
(6) coverage for services to provide short-term at-home
assistance with activities of daily living for those recovering from an
illness, injury, or surgery:
(i) For purposes of this benefit, the following definitions
apply:
(A) "activities of daily living" include, but are
not limited to, bathing, dressing, personal hygiene, transferring, eating,
ambulating, assistance with drugs that are normally self-administered, and
changing bandages or other dressings;
(B) "care provider" means a duly qualified or
licensed home health aide/homemaker, personal care aid, or nurse provided
through a licensed home health care agency or referred by a licensed referral
agency or licensed nurses registry;
(C)
"home" means a place used by the insured as a place of residence,
provided that the place would qualify as a residence for home health care
services covered by Medicare. A hospital
or skilled nursing facility shall not be considered the insured's place of
residence;
(D) "at-home recovery visit" means the period of a
visit required to provide at-home recovery care, without limit on the duration
of the visit, except each consecutive four hours in a 24-hour period of
services provided by a care provider is one visit;
(ii) Coverage requirements and limitations:
(A) at-home recovery services provided must be primarily
services that assist in activities of daily living;
(B) the insured's attending physician must certify that the
specific type and frequency of at-home recovery services are necessary because
of a condition for which a home care plan of treatment was approved by
Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery
visits certified as necessary by the insured's attending physician. The total number of at-home recovery visits
shall not exceed the number of Medicare-approved home care visits under a
Medicare-approved home care plan of treatment;
(II) the actual charges for each visit up to a maximum
reimbursement of $40 per visit;
(III) $1,600 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's home;
(VI) services provided by a care provider as defined in this
section;
(VII) at-home recovery visits while the insured is covered
under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received during the period the
insured is receiving Medicare-approved home care services or no more than eight
weeks after the service date of the last Medicare-approved home health care
visit;
(iii) Coverage is excluded for:
(A) home care visits paid for by Medicare or other government
programs; and
(B) care provided by family members, unpaid volunteers, or
providers who are not care providers;
(7) coverage for at least 50 percent, or the equivalent of 50
percent, of usual and customary prescription drug expenses to a maximum of
$1,200 paid by the issuer annually under this benefit. An issuer of Medicare supplement insurance
policies that elects to offer this benefit rider shall also make available
coverage that contains the rider specified in clause (4). An outpatient prescription drug benefit must
not be included for sale or issuance in a Medicare policy or certificate issued
on or after January 1, 2006.
EFFECTIVE
DATE. This section is
effective retroactive to January 1, 2006."
Page
26, line 11, delete "self-insurers'" and insert "self-insurer's"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Wilkin and Huntley moved to amend S. F. No. 3480, as amended,
as follows:
Page 1, after the enacting clause insert:
"ARTICLE 1
GENERAL INSURANCE PROVISIONS"
Page 28 after line 17, insert:
"ARTICLE 2
HEALTH INSURANCE CHANGES
Section 1. Minnesota
Statutes 2004, section 62A.02, is amended by adding a subdivision to read:
Subd. 3a. Individual policy rates file and use;
minimum lifetime loss ratio guarantee.
(a) Notwithstanding subdivisions 2, 3, 4a, 5a, and 6, individual
premium rates may be used upon filing with the department of an individual
policy form if the filing is accompanied by the individual policy form filing
and a minimum lifetime loss ratio guarantee.
Insurers may use the filing procedure specified in this subdivision only
if the affected individual policy forms disclose the benefit of a minimum
lifetime loss ratio guarantee. Insurers
may amend individual policy forms to provide for a minimum lifetime loss ratio
guarantee. If an insurer elects to use
the filing procedure in this subdivision for an individual policy rate, the
insurer shall not use a filing of premium rates that does not provide a minimum
lifetime loss ratio guarantee for that individual policy rate.
(b) The minimum lifetime loss ratio guarantee must be in
writing and must contain at least the following:
(1) an actuarial memorandum specifying the expected loss
ratio that complies with the standards as set forth in this subdivision;
(2) a statement certifying that all rates, fees, dues, and
other charges are not excessive, inadequate, or unfairly discriminatory;
(3) detailed experience information concerning the policy
forms;
(4) a step-by-step description of the process used to develop
the minimum lifetime loss ratio, including demonstration with supporting data;
(5)
guarantee of specific minimum lifetime loss ratio that must be greater than or
equal to the minimum loss ratio that applies to the health carrier under
section 62A.021, subdivision 1, paragraph (a), (f), or (g), for policies issued
to individuals or for certificates issued to members of an association that
does not offer coverage to small employers, taking into consideration
adjustments for duration;
(6) a guarantee that the actual Minnesota loss ratio for the
calendar year in which the new rates take effect, and for each year thereafter
until new rates are filed, will meet or exceed the minimum lifetime loss ratio
standards referred to in clause (5), adjusted for duration;
(7) a guarantee that the actual Minnesota lifetime loss ratio
shall meet or exceed the minimum lifetime loss ratio standards referred to in
clause (5); and
(8) if the annual earned premium volume in Minnesota under
the particular policy form is less than $2,500,000, the minimum lifetime loss
ratio guarantee must be based partially on the Minnesota earned premium and
other credible factors as specified by the commissioner.
(c) The actual Minnesota minimum loss ratio results for each
year at issue must be independently audited at the insurer's expense, and the
audit report must be filed with the commissioner not later than 120 days after
the end of the year at issue.
(d) The insurer shall refund premiums in the amount necessary
to bring the actual loss ratio up to the guaranteed minimum lifetime loss
ratio. For the purpose of this
paragraph, loss ratio and guaranteed minimum lifetime loss ratio are the
expected aggregate loss ratio of all approved individual policy forms that
provide for a minimum lifetime loss ratio guarantee.
(e) A Minnesota policyholder affected by the guaranteed
minimum lifetime loss ratio shall receive a portion of the premium refund
relative to the premium paid by the policyholder. The refund must be made to all Minnesota
policyholders insured under the applicable policy form during the year at issue
if the refund would equal $10 or more per policy. The refund must include statutory interest
from July 1 of the year at issue until the date of payment. Payment must be made not later than 180 days
after the end of the year at issue.
(f) Premium refunds of less than $10 per insured must be
credited to the policyholder's account.
(g) Subdivisions 2 and 3 do not apply if premium rates are
filed with the department and accompanied by a minimum lifetime loss ratio
guarantee that meets the requirements of this subdivision. Such filings are deemed approved. When determining a loss ratio for the
purposes of a minimum lifetime loss ratio guarantee, the insurer shall divide
the total of the claims incurred, plus preferred provider organization
expenses, case management, and utilization review expenses, plus reinsurance
premiums less reinsurance recoveries by the premiums earned less state and
local taxes less other assessments. The
insurer shall identify any assessment allocated.
(h) The policy form filing of an insurer using the filing
procedure with a minimum lifetime loss ratio guarantee must disclose to the
enrollee, member, or subscriber an explanation of the minimum lifetime loss ratio
guarantee, and the actual loss ratio, and any adjustments for duration.
(i) The insurer who elects to use the filing procedure with a
minimum lifetime loss ratio guarantee shall notify all policyholders of the
refund calculation, the result of the refund calculation, the percentage of
premium on an aggregate basis to be refunded, if any, any amount of the refund
attributed to the payment of interests, and an explanation of amounts less than
$10.
Sec.
2. Minnesota Statutes 2004, section
62A.021, subdivision 1, is amended to read:
Subdivision 1. Loss ratio standards. (a) Notwithstanding section 62A.02,
subdivision 3, relating to loss ratios, and except as otherwise authorized
by section 62A.02, subdivision 3a, for individual policies or certificates, health
care policies or certificates shall not be delivered or issued for delivery to
an individual or to a small employer as defined in section 62L.02, unless the
policies or certificates can be expected, as estimated for the entire period
for which rates are computed to provide coverage, to return to Minnesota
policyholders and certificate holders in the form of aggregate benefits not
including anticipated refunds or credits, provided under the policies or
certificates, (1) at least 75 percent of the aggregate amount of premiums
earned in the case of policies issued in the small employer market, as defined
in section 62L.02, subdivision 27, calculated on an aggregate basis; and (2) at
least 65 percent of the aggregate amount of premiums earned in the case of each
policy form or certificate form issued in the individual market; calculated on
the basis of incurred claims experience or incurred health care expenses where
coverage is provided by a health maintenance organization on a service rather
than reimbursement basis and earned premiums for the period and according to
accepted actuarial principles and practices.
Assessments by the reinsurance association created in chapter 62L and
all types of taxes, surcharges, or assessments created by Laws 1992, chapter
549, or created on or after April 23, 1992, are included in the calculation of
incurred claims experience or incurred health care expenses. The applicable percentage for policies and
certificates issued in the small employer market, as defined in section 62L.02,
increases by one percentage point on July 1 of each year, beginning on July 1,
1994, until an 82 percent loss ratio is reached on July 1, 2000. The applicable percentage for policy forms
and certificate forms issued in the individual market increases by one
percentage point on July 1 of each year, beginning on July 1, 1994, until a 72
percent loss ratio is reached on July 1, 2000.
A health carrier that enters a market after July 1, 1993, does not start
at the beginning of the phase-in schedule and must instead comply with the loss
ratio requirements applicable to other health carriers in that market for each
time period. Premiums earned and claims
incurred in markets other than the small employer and individual markets are
not relevant for purposes of this section.
(b) All filings of rates and rating schedules shall
demonstrate that actual expected claims in relation to premiums comply with the
requirements of this section when combined with actual experience to date. Filings of rate revisions shall also
demonstrate that the anticipated loss ratio over the entire future period for
which the revised rates are computed to provide coverage can be expected to
meet the appropriate loss ratio standards, and aggregate loss ratio from
inception of the policy form or certificate form shall equal or exceed the
appropriate loss ratio standards.
(c) A health carrier that issues health care policies and
certificates to individuals or to small employers, as defined in section
62L.02, in this state shall file annually its rates, rating schedule, and
supporting documentation including ratios of incurred losses to earned premiums
by policy form or certificate form duration for approval by the commissioner
according to the filing requirements and procedures prescribed by the
commissioner. The supporting
documentation shall also demonstrate in accordance with actuarial standards of
practice using reasonable assumptions that the appropriate loss ratio standards
can be expected to be met over the entire period for which rates are
computed. The demonstration shall
exclude active life reserves. If the
data submitted does not confirm that the health carrier has satisfied the loss
ratio requirements of this section, the commissioner shall notify the health
carrier in writing of the deficiency.
The health carrier shall have 30 days from the date of the
commissioner's notice to file amended rates that comply with this section. If the health carrier fails to file amended
rates within the prescribed time, the commissioner shall order that the health
carrier's filed rates for the nonconforming policy form or certificate form be
reduced to an amount that would have resulted in a loss ratio that complied
with this section had it been in effect for the reporting period of the supplement. The health carrier's failure to file amended
rates within the specified time or the issuance of the commissioner's order
amending the rates does not preclude the health carrier from filing an
amendment of its rates at a later time.
The commissioner shall annually make the submitted data available to the
public at a cost not to exceed the cost of copying. The data must be compiled in a form useful
for consumers who wish to compare premium charges and loss ratios.
(d)
Each sale of a policy or certificate that does not comply with the loss ratio
requirements of this section is an unfair or deceptive act or practice in the
business of insurance and is subject to the penalties in sections 72A.17 to
72A.32.
(e)(1) For purposes of this section, health care policies
issued as a result of solicitations of individuals through the mail or mass
media advertising, including both print and broadcast advertising, shall be
treated as individual policies.
(2) For purposes of this section, (i) "health care policy"
or "health care certificate" is a health plan as defined in section
62A.011; and (ii) "health carrier" has the meaning given in section
62A.011 and includes all health carriers delivering or issuing for delivery
health care policies or certificates in this state or offering these policies
or certificates to residents of this state.
(f) The loss ratio phase-in as described in paragraph (a)
does not apply to individual policies and small employer policies issued by a
health plan company that is assessed less than three percent of the total
annual amount assessed by the Minnesota Comprehensive Health Association. These policies must meet a 68 percent loss
ratio for individual policies, a 71 percent loss ratio for small employer
policies with fewer than ten employees, and a 75 percent loss ratio for all
other small employer policies.
(g) Notwithstanding paragraphs (a) and (f), the loss ratio
shall be 60 percent for a health plan as defined in section 62A.011, offered by
an insurance company licensed under chapter 60A that is assessed less than ten
percent of the total annual amount assessed by the Minnesota Comprehensive
Health Association. For purposes of the
percentage calculation of the association's assessments, an insurance company's
assessments include those of its affiliates.
(h) The commissioners of commerce and health shall each
annually issue a public report listing, by health plan company, the actual loss
ratios experienced in the individual and small employer markets in this state
by the health plan companies that the commissioners respectively regulate. The commissioners shall coordinate release of
these reports so as to release them as a joint report or as separate reports
issued the same day. The report or
reports shall be released no later than June 1 for loss ratios experienced for
the preceding calendar year. Health plan
companies shall provide to the commissioners any information requested by the
commissioners for purposes of this paragraph.
Sec. 3. Minnesota
Statutes 2004, section 62A.65, subdivision 3, is amended to read:
Subd. 3. Premium rate restrictions. No individual health plan may be offered,
sold, issued, or renewed to a Minnesota resident unless the premium rate
charged is determined in accordance with the following requirements:
(a) Premium rates must be no more than 25 percent above and
no more than 25 percent below the index rate charged to individuals for the
same or similar coverage, adjusted pro rata for rating periods of less than one
year. The premium variations permitted
by this paragraph must be based only upon health status, claims experience, and
occupation. For purposes of this
paragraph, health status includes refraining from tobacco use or other
actuarially valid lifestyle factors associated with good health, provided that
the lifestyle factor and its effect upon premium rates have been determined by
the commissioner to be actuarially valid and have been approved by the
commissioner. Variations permitted under
this paragraph must not be based upon age or applied differently at different
ages. This paragraph does not prohibit
use of a constant percentage adjustment for factors permitted to be used under
this paragraph.
(b) Premium rates may vary based upon the ages of covered
persons only as provided in this paragraph.
In addition to the variation permitted under paragraph (a), each health
carrier may use an additional premium variation based upon age of up to plus or
minus 50 percent of the index rate.
(c)
A health carrier may request approval by the commissioner to establish no
more than three separate geographic regions determined by the
health carrier and to establish separate index rates for each such region,
provided that the index rates do not vary between any two regions by more than
20 percent. Health carriers that do not
do business in the Minneapolis/St. Paul
metropolitan area may request approval for no more than two geographic regions,
and clauses (2) and (3) do not apply to approval of requests made by those
health carriers. The commissioner may
shall grant approval if the following conditions are met:
(1) the geographic regions must be applied uniformly by the
health carrier;
(2) one geographic region must be based on the
Minneapolis/St. Paul metropolitan area;
(3) for each geographic region that is rural, the index rate
for that region must not exceed the index rate for the Minneapolis/St. Paul metropolitan area; and
(2) each geographic region must be composed of no fewer than
seven counties that create a contiguous region; and
(4) (3) the health carrier provides
actuarial justification acceptable to the commissioner for the proposed
geographic variations in index rates, establishing that the variations are
based upon differences in the cost to the health carrier of providing coverage.
(d) Health carriers may use rate cells and must file with the
commissioner the rate cells they use.
Rate cells must be based upon the number of adults or children covered
under the policy and may reflect the availability of Medicare coverage. The rates for different rate cells must not
in any way reflect generalized differences in expected costs between principal
insureds and their spouses.
(e) In developing its index rates and premiums for a health
plan, a health carrier shall take into account only the following factors:
(1) actuarially valid differences in rating factors permitted
under paragraphs (a) and (b); and
(2) actuarially valid geographic variations if approved by
the commissioner as provided in paragraph (c).
(f) All premium variations must be justified in initial rate
filings and upon request of the commissioner in rate revision filings. All rate variations are subject to approval
by the commissioner.
(g) The loss ratio must comply with the section 62A.021
requirements for individual health plans.
(h) The rates must not be approved, unless the commissioner
has determined that the rates are reasonable.
In determining reasonableness, the commissioner shall consider the
growth rates applied under section 62J.04, subdivision 1, paragraph (b), to the
calendar year or years that the proposed premium rate would be in effect,
actuarially valid changes in risks associated with the enrollee populations,
and actuarially valid changes as a result of statutory changes in Laws 1992,
chapter 549.
(i) An insurer may, as part of a minimum lifetime loss ratio
guarantee filing under section 62A.02, subdivision 3a, include a rating
practices guarantee as provided in this paragraph. The rating practices guarantee must be in
writing and must guarantee that the policy form will be offered, sold, issued,
and renewed only with premium rates and premium rating practices that comply
with subdivisions 2, 3, 4, and 5. The
rating practices guarantee must be accompanied by an actuarial memorandum that
demonstrates that the premium rates and premium rating system used
in connection with the policy form will satisfy the guarantee. The guarantee must guarantee refunds of any
excess premiums to policyholders charged premiums that exceed those permitted
under subdivision 2, 3, 4, or 5. An
insurer that complies with this paragraph in connection with a policy form is
exempt from the requirement of prior approval by the commissioner under
paragraphs (c), (f), and (h).
EFFECTIVE
DATE. The amendments to
paragraph (c) of this section are effective January 1, 2007, and apply to
policies issued or renewed on or after that date.
Sec. 4. [62Q.80] COMMUNITY-BASED HEALTH CARE
COVERAGE PROGRAM.
Subdivision 1.
Scope. (a) A community-based health care
initiative may develop and operate a community-based health care coverage
program that offers to eligible individuals and their dependents the option of
purchasing through their employer health care coverage on a fixed prepaid basis
without meeting the requirements of chapter 60A, 62A, 62C, 62D, 62Q, or 62T, or
any other law or rule that applies to entities licensed under these chapters.
(b) The initiative shall establish health outcomes to be
achieved through the program and performance measurements in order to determine
whether these outcomes have been met.
The outcomes must include, but are not limited to:
(1) a reduction in uncompensated care provided by providers
participating in the community-based health network;
(2) an increase in the delivery of preventive health care services;
and
(3) health improvement for enrollees with chronic health
conditions through the management of these conditions.
In
establishing performance measurements, the initiative shall use measures that
are consistent with measures published by nonprofit Minnesota or national
organizations that produce and disseminate health care quality measures.
(c) Any program established under this section shall not
constitute a financial liability for the state, in that any financial risk
involved in the operation or termination of the program shall be borne by the
community-based initiative and the participating health care providers.
Subd. 2. Definitions. For purposes of this section, the
following definitions apply:
(a) "Community-based" means located in or primarily
relating to the community of geographically contiguous political subdivisions,
as determined by the board of a community-based health initiative that is
served by the community-based health care coverage program.
(b) "Community-based health care coverage program"
or "program" means a program administered by a community-based health
initiative that provides health care services through provider members of a
community-based health network or combination of networks to eligible individuals
and their dependents who are enrolled in the program.
(c) "Community-based health initiative" means a
nonprofit corporation that is governed by a board that has at least 80 percent
of its members residing in the community and includes representatives of the participating
network providers and employers.
(d)
"Community-based health network" means a contract-based network of
health care providers organized by the community-based health initiative to
provide or support the delivery of health care services to enrollees of the
community-based health care coverage program on a risk-sharing or
nonrisk-sharing basis.
(e) "Dependent" means an eligible employee's spouse
or unmarried child who is under the age of 19 years.
Subd. 3. Approval. (a) Prior to the operation of a
community-based health care coverage program, a community-based health
initiative shall submit to the commissioner of health for approval the
community-based health care coverage program developed by the initiative. The commissioner shall only approve a program
that has been awarded a community access program grant from the United States
Department of Health and Human Services.
The commissioner shall ensure that the program meets the federal grant
requirements and any requirements described in this section and is actuarially
sound based on a review of appropriate records and methods utilized by the
community-based health initiative in establishing premium rates for the
community-based health care coverage program.
(b) Prior to approval, the commissioner shall also ensure
that:
(1) the benefits offered comply with subdivision 8 and that
there are adequate numbers of health care providers participating in the
community-based health network to deliver the benefits offered under the
program;
(2) the activities of the program are limited to activities
that are exempt under this section or otherwise from regulation by the
commissioner of commerce;
(3) the complaint resolution process meets the requirements
of subdivision 10; and
(4) the data privacy policies and procedures comply with
state and federal law.
Subd. 4. Establishment. (a) The initiative shall establish and
operate upon approval by the commissioner of health a community-based health
care coverage program. The operational
structure established by the initiative shall include, but is not limited to:
(1) establishing a process for enrolling eligible individuals
and their dependents;
(2) collecting and coordinating premiums from enrollees and
employers of enrollees;
(3) providing payment to participating providers;
(4) establishing a benefit set according to subdivision 8 and
establishing premium rates and cost-sharing requirements;
(5) creating incentives to encourage primary care and
wellness services; and
(6) initiating disease management services, as appropriate.
(b) The payments collected under paragraph (a), clause (2),
may be used to capture available federal funds.
Subd. 5. Qualifying employees. To be eligible for the community-based
health care coverage program, an individual must:
(1) reside in or work within the designated community-based
geographic area served by the program;
(2)
be employed by a qualifying employer or be an employee's dependent;
(3) not be enrolled in or have currently available health
coverage; and
(4) not be enrolled in medical assistance, general assistance
medical care, MinnesotaCare, or Medicare.
Subd. 6. Qualifying employers. (a) To qualify for participation in the
community-based health care coverage program, an employer must:
(1) employ at least one but no more than 50 employees at the
time of initial enrollment in the program;
(2) pay its employees a median wage of $12.50 per hour or
less; and
(3) not have offered employer-subsidized health coverage to
its employees for at least 12 months prior to the initial enrollment in the
program. For purposes of this section,
"employer-subsidized health coverage" means health care coverage for
which the employer pays at least 50 percent of the cost of coverage for the
employee.
(b) To participate in the program, a qualifying employer
agrees to:
(1) offer health care coverage through the program to all
eligible employees and their dependents regardless of health status;
(2) participate in the program for an initial term of at
least one year;
(3) pay a percentage of the premium established by the
initiative for the employee; and
(4) provide the initiative with any employee information
deemed necessary by the initiative to determine eligibility and premium
payments.
Subd. 7. Participating providers. Any health care provider participating in
the community-based health network must accept as payment in full the payment
rate established by the initiative and may not charge to or collect from an
enrollee any amount in access of this amount for any service covered under the
program.
Subd. 8. Coverage. (a) The initiative shall establish the
health care benefits offered through the community-based health care coverage
program. The benefits established shall
include, at a minimum:
(1) child health supervision services up to age 18, as
defined under section 62A.047; and
(2) preventive services, including:
(i) health education and wellness services;
(ii) health supervision, evaluation, and follow-up;
(iii) immunizations; and
(iv) early disease detection.
(b) Coverage of health care services offered by the program
may be limited to participating health care providers or health networks. All services covered under the program must
be services that are offered within the scope of practice of the participating
health care providers.
(c)
The initiative may establish cost-sharing requirements. Any co-payment or deductible provisions
established may not discriminate on the basis of age, sex, race, disability,
economic status, or length of enrollment in the program.
(d) If the initiative amends or alters the benefits offered
through the program from the initial offering, the initiative must notify the
commissioner of health and all enrollees of the benefit change.
Subd. 9. Enrollee information. (a) The initiative must provide an
individual or family who enrolls in the program a clear and concise written
statement that includes the following information:
(1) health care services that are provided under the program;
(2) any exclusions or limitations on the health care services
offered, including any cost-sharing arrangements or prior authorization
requirements;
(3) a list of where the health care services can be obtained
and that all health care services must be provided by or through a
participating health care provider or community-based health network;
(4) a description of the program's complaint resolution
process, including how to submit a complaint; how to file a complaint with the
commissioner of health; and how to obtain an external review of any adverse
decisions as provided under subdivision 10;
(5) the conditions under which the program or coverage under
the program may be canceled or terminated; and
(6) a precise statement specifying that this program is not
an insurance product and, as such, is exempt from state regulation of insurance
products.
(b) The commissioner of health must approve a copy of the
written statement prior to the operation of the program.
Subd. 10. Complaint resolution process. (a) The initiative must establish a
complaint resolution process. The
process must make reasonable efforts to resolve complaints and to inform
complainants in writing of the initiative's decision within 60 days of receiving
the complaint. Any decision that is
adverse to the enrollee shall include a description of the right to an external
review as provided in paragraph (c) and how to exercise this right.
(b) The initiative must report any complaint that is not
resolved within 60 days to the commissioner of health.
(c) The initiative must include in the complaint resolution
process the ability of an enrollee to pursue the external review process
provided under section 62Q.73 with any decision rendered under this external
review process binding on the initiative.
Subd. 11. Data privacy. The initiative shall establish data
privacy policies and procedures for the program that comply with state and
federal data privacy laws.
Subd. 12. Limitations on enrollment. (a) The initiative may limit enrollment in
the program. If enrollment is limited, a
waiting list must be established.
(b) The initiative shall not restrict or deny enrollment in
the program except for nonpayment of premiums, fraud or misrepresentation, or
as otherwise permitted under this section.
(c)
The initiative may require a certain percentage of participation from eligible
employees of a qualifying employer before coverage can be offered through the
program.
Subd. 13. Report. (a) The initiative shall submit quarterly
status reports to the commissioner of health on January 15, April 15, July 15,
and October 15 of each year, with the first report due January 15, 2007. The status report shall include:
(1) the financial status of the program, including the
premium rates, cost per member per month, claims paid out, premiums received,
and administrative expenses;
(2) a description of the health care benefits offered and the
services utilized;
(3) the number of employers participating, the number of
employees and dependents covered under the program, and the number of health
care providers participating;
(4) a description of the health outcomes to be achieved by
the program and a status report on the performance measurements to be used and
collected; and
(5) any other information requested by the commissioner of
health or commerce or the legislature.
(b) The initiative shall contract with an independent entity
to conduct an evaluation of the program to be submitted to the commissioners of
health and commerce and the legislature by January 15, 2009. The evaluation shall include:
(1) an analysis of the health outcomes established by the
initiative and the performance measurements to determine whether the outcomes
are being achieved;
(2) an analysis of the financial status of the program,
including the claims to premiums loss ratio and utilization and cost
experience;
(3) the demographics of the enrollees, including their age,
gender, family income, and the number of dependents;
(4) the number of employers and employees who have been denied
access to the program and the basis for the denial;
(5) specific analysis on enrollees who have aggregate medical
claims totaling over $5,000 per year, including data on the enrollee's main
diagnosis and whether all the medical claims were covered by the program;
(6) number of enrollees referred to state public assistance
programs;
(7) a comparison of employer-subsidized health coverage
provided in a comparable geographic area to the designated community-based
geographic area served by the program, including, to the extent available:
(i) the difference in the number of employers with 50 or
fewer employees offering employer-subsidized health coverage;
(ii) the difference in uncompensated care being provided in
each area; and
(iii) a comparison of health care outcomes and measurements
established by the initiative; and
(8) any other information requested by the commissioner of
health or commerce.
Subd.
14.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 62J.052, is amended to read:
62J.052 PROVIDER COST
DISCLOSURE.
Subdivision 1.
Health care providers. (a) Each health care provider, as defined by
section 62J.03, subdivision 8, except hospitals and outpatient surgical centers
subject to the requirements of section 62J.823, shall provide the following
information:
(1) the average allowable payment from private third-party
payers for the 20 50 services or procedures most commonly
performed;
(2) the average payment rates for those services and
procedures for medical assistance;
(3) the average charge for those services and procedures for
individuals who have no applicable private or public coverage; and
(4) the average charge for those services and procedures,
including all patients.
(b) This information shall be updated annually and be readily
available at no cost to the public on site.
Subd. 2. Pharmacies. (a) Each pharmacy, as defined in section
151.01, subdivision 2, shall provide the following information to a patient
upon request:
(1) the pharmacy's own usual and customary price for a
prescription drug;
(2) a record, including all transactions on record with the
pharmacy both past and present, of all co-payments and other cost-sharing paid
to the pharmacy by the patient for up to two years; and
(3) the total amount of all co-payments and other
cost-sharing paid to the pharmacy by the patient over the previous two years.
(b) The information required under paragraph (a) must be
readily available at no cost to the patient.
EFFECTIVE
DATE. This section is
effective October 1, 2006.
Sec. 6. Minnesota
Statutes 2004, section 62J.81, subdivision 1, is amended to read:
Subdivision 1. Required disclosure of estimated payment. (a) A health care provider, as defined
in section 62J.03, subdivision 8, or the provider's designee as agreed to by
that designee, shall, at the request of a consumer, provide that consumer
with a good faith estimate of the reimbursement the provider expects to receive
from the health plan company in which the consumer is enrolled. Health plan companies must allow contracted
providers, or their designee, to release this information. A good faith estimate must also be made
available at the request of a consumer who is not enrolled in a health plan
company. Payment information provided by
a provider, or by the provider's designee as agreed to by that designee,
to a patient pursuant to this subdivision does not constitute a legally binding
estimate of the cost of services.
(b) A health plan company, as defined in section 62J.03,
subdivision 10, shall, at the request of an enrollee or the enrollee's
designee, provide that enrollee with a good faith estimate of the reimbursement
the health plan company would expect to pay to a specified provider within the network
for a health care service specified by the enrollee. If requested
by the enrollee, the health plan company shall also provide to the enrollee a
good faith estimate of the enrollee's out-of-pocket cost for the health care
service. An estimate provided to an
enrollee under this paragraph is not a legally binding estimate of the
reimbursement or out-of-pocket cost.
EFFECTIVE
DATE. Paragraph (a) is
effective the day following final enactment.
Paragraph (b) is effective January 1, 2007.
Sec. 7. [62J.823] HOSPITAL PRICING TRANSPARENCY.
Subdivision 1.
Short title. This section may be cited as the Hospital
Pricing Transparency Act.
Subd. 2. Definition. For the purposes of this section,
"estimate" means the actual price expected to be billed to the
individual or to the individual's health plan company based on the specific
diagnostic related group code or specific procedure code or codes, reflecting
any known discounts the individual would receive.
Subd. 3. Applicability and scope. Any hospital, as defined in section
144.696, subdivision 3, and outpatient surgical center, as defined in section
144.696, subdivision 4, shall provide a written estimate of the cost of a
specific service or stay upon the request of a patient, doctor, or the patient's
representative. The request must
include:
(1) the health coverage status of the patient, including the
specific health plan or other health coverage under which the patient is
enrolled, if any; and
(2) at least one of the following:
(i) the specific diagnostic related group code;
(ii) the name of the procedure or procedures to be performed;
(iii) the type of treatment to be received; or
(iv) any other information that will allow the hospital or
outpatient surgical center to determine the specific diagnostic related group
or procedure code or codes.
Subd. 4. Estimate. (a) An estimate provided by the hospital
or outpatient surgical center must contain:
(1) the method used to calculate the estimate;
(2) the specific diagnostic related group or procedure code
or codes used to calculate the estimate, and a description of the diagnostic
related group or procedure code or codes that is reasonably understandable to a
patient; and
(3) a statement indicating that the estimate, while accurate,
may not reflect the actual billed charges and that the final bill may be higher
or lower depending on the patient's specific circumstances.
(b) The estimate may be provided in any method that meets the
needs of the patient and the hospital or outpatient surgical center, including
electronically; however, a paper copy must be provided if specifically
requested.
EFFECTIVE
DATE. This section is
effective October 1, 2006.
Sec.
8. Minnesota Statutes 2004, section
62L.03, subdivision 3, is amended to read:
Subd. 3. Minimum participation and contribution. (a) A small employer that has at least 75
percent of its eligible employees who have not waived coverage participating in
a health benefit plan and that contributes at least 50 percent toward the cost
of coverage of each eligible employee must be guaranteed coverage on a
guaranteed issue basis from any health carrier participating in the small
employer market. The participation level
of eligible employees must be determined at the initial offering of coverage and
at the renewal date of coverage. A
health carrier must not increase the participation requirements applicable to a
small employer at any time after the small employer has been accepted for
coverage. For the purposes of this
subdivision, waiver of coverage includes only waivers due to: (1) coverage
under another group health plan; (2) coverage under Medicare Parts A and B; (3)
coverage under MCHA permitted under section 62E.141; or (4) coverage under
medical assistance under chapter 256B or general assistance medical care under
chapter 256D.
(b) If a small employer does not satisfy the contribution or
participation requirements under this subdivision, a health carrier may
voluntarily issue or renew individual health plans, or a health benefit plan
which must fully comply with this chapter.
A health carrier that provides a health benefit plan to a small employer
that does not meet the contribution or participation requirements of this
subdivision must maintain this information in its files for audit by the
commissioner. A health carrier may not
offer an individual health plan, purchased through an arrangement between the
employer and the health carrier, to any employee unless the health carrier also
offers the individual health plan, on a guaranteed issue basis, to all other
employees of the same employer. An
arrangement permitted under section 62L.12, subdivision 2, paragraph (k), is
not an arrangement between the employer and the health carrier for purposes of
this paragraph.
(c) Nothing in this section obligates a health carrier to
issue coverage to a small employer that currently offers coverage through a
health benefit plan from another health carrier, unless the new coverage will
replace the existing coverage and not serve as one of two or more health
benefit plans offered by the employer.
This paragraph does not apply if the small employer will meet the
required participation level with respect to the new coverage.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 62L.08, subdivision 4, is amended to read:
Subd. 4. Geographic premium variations. A health carrier may request approval by the
commissioner to establish no more than three separate geographic
regions determined by the health carrier and to establish separate index
rates for each such region, provided that the index rates do not vary
between any two regions by more than 20 percent. Health carriers that do not do business in
the Minneapolis/St. Paul metropolitan area
may request approval for no more than two geographic regions, and clauses (2)
and (3) do not apply to approval of requests made by those health
carriers. A health carrier may also
request approval to establish one or more additional geographic regions and one
or more separate index rates for premiums for employees working and residing
outside of Minnesota. The
commissioner may shall grant approval if the following conditions
are met:
(1) the geographic regions must be applied uniformly by the
health carrier;
(2) one geographic region must be based on the
Minneapolis/St. Paul metropolitan area;
(3) if one geographic region is rural, the index rate for the
rural region must not exceed the index rate for the Minneapolis/St. Paul metropolitan area;
(2) each geographic region must be composed of no fewer than
seven counties that create a contiguous region; and
(4) (3) the health
carrier provides actuarial justification acceptable to the commissioner for the
proposed geographic variations in index rates, establishing that the variations
are based upon differences in the cost to the health carrier of providing
coverage.
EFFECTIVE
DATE. This section is
effective January 1, 2007, and applies to policies issued or renewed on or
after that date.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 62L.12, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) A health carrier may sell, issue, or
renew individual conversion policies to eligible employees otherwise eligible
for conversion coverage under section 62D.104 as a result of leaving a health
maintenance organization's service area.
(b) A health carrier may sell, issue, or renew individual
conversion policies to eligible employees otherwise eligible for conversion
coverage as a result of the expiration of any continuation of group coverage
required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.
(c) A health carrier may sell, issue, or renew conversion
policies under section 62E.16 to eligible employees.
(d) A health carrier may sell, issue, or renew individual
continuation policies to eligible employees as required.
(e) A health carrier may sell, issue, or renew individual
health plans if the coverage is appropriate due to an unexpired preexisting
condition limitation or exclusion applicable to the person under the employer's
group health plan or due to the person's need for health care services not
covered under the employer's group health plan.
(f) A health carrier may sell, issue, or renew an individual
health plan, if the individual has elected to buy the individual health plan
not as part of a general plan to substitute individual health plans for a group
health plan nor as a result of any violation of subdivision 3 or 4.
(g) Nothing in this subdivision relieves a health carrier of
any obligation to provide continuation or conversion coverage otherwise
required under federal or state law.
(h) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of coverage issued as a supplement to Medicare under
sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare
issued by health maintenance organizations, or those contracts governed by
sections 1833, 1851 to 1859, 1860D, or 1876 of the federal Social Security Act,
United States Code, title 42, section 1395 et seq., as amended.
(i) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of individual health plans necessary to comply with a
court order.
(j) A health carrier may offer, issue, sell, or renew an
individual health plan to persons eligible for an employer group health plan,
if the individual health plan is a high deductible health plan for use in
connection with an existing health savings account, in compliance with the
Internal Revenue Code, section 223. In that
situation, the same or a different health carrier may offer, issue, sell, or
renew a group health plan to cover the other eligible employees in the group.
(k) A health carrier may offer, sell, issue, or renew an
individual health plan to one or more employees of a small employer if the
individual health plan is marketed directly to all employees of the small
employer and the small employer does not contribute directly or indirectly to
the premiums or facilitate the administration of the individual health
plan. The requirement to market an
individual health plan to all employees does not require the health carrier to
offer or issue an individual health plan to any employee. For purposes of this paragraph, an employer
is not contributing
to the premiums or facilitating the administration of the individual health
plan if the employer does not contribute to the premium and merely collects the
premiums from an employee's wages or salary through payroll deductions and
submits payment for the premiums of one or more employees in a lump sum to the
health carrier. Except for coverage
under section 62A.65, subdivision 5, paragraph (b), or 62E.16, at the request
of an employee, the health carrier may bill the employer for the premiums
payable by the employee, provided that the employer is not liable for payment
except from payroll deductions for that purpose. If an employer is submitting payments under
this paragraph, the health carrier shall provide a cancellation notice directly
to the primary insured at least ten days prior to termination of coverage for
nonpayment of premium. Individual
coverage under this paragraph may be offered only if the small employer has not
provided coverage under section 62L.03 to the employees within the past 12
months.
The employer must provide a written and signed statement to
the health carrier that the employer is not contributing directly or indirectly
to the employee's premiums. The health
carrier may rely on the employer's statement and is not required to
guarantee-issue individual health plans to the employer's other current or
future employees.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2004, section 123A.21, subdivision 7, is amended to read:
Subd. 7. Educational programs and services. (a) The board of directors of each SC
shall submit annually a plan to the members.
The plan shall identify the programs and services which are suggested
for implementation by the SC during the following year and shall contain
components of long-range planning determined by the SC. These programs and services may include, but
are not limited to, the following areas:
(1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services;
(5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and adult
vocational education;
(12) teaching and learning services, including services for
students with special talents and special needs;
(13) employee personnel services;
(14)
vocational rehabilitation;
(15) health, diagnostic, and child development services and
centers;
(16) leadership or direction in early childhood and family
education;
(17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs,
including health insurance programs providing reinsurance or stop loss coverage;
(20) technology planning, training, and support services;
(21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
An SC is subject to regulation and oversight by the
commissioner of commerce under the insurance laws of this state when operating
a health reinsurance program pursuant to clause (19) providing reinsurance or
stop loss coverage.
(b) A group health, dental, or long-term disability coverage
program provided by one or more service cooperatives may provide coverage to
nursing homes licensed under chapter 144A and to boarding care homes licensed
under sections 144.50 to 144.56 and certified for participation in the medical
assistance program located in this state.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2004, section 123A.21, is amended by adding a subdivision to read:
Subd. 12. Health coverage pool comparison
shopping. (a) Service cooperative
must permit school districts and other political subdivisions participating in
a service cooperative health coverage pool to solicit bids and other
information from competing sources of health coverage at any time other than
within five months prior to the end of a master agreement.
(b) A service cooperative must not impose a fine or other
penalty against an enrolled entity for soliciting a bid or other information
during the allowed period. The service
cooperative may prohibit the entity from participating in service cooperative
coverage for a period of up to one year, if the entity leaves the service
cooperative pool and obtains other health coverage.
(c) A service cooperative must provide each enrolled entity
with the entity's monthly claims data.
This paragraph applies notwithstanding section 13.203.
Sec.
13. Laws 2005, First Special Session
chapter 4, article 7, section 59, is amended to read:
Sec. 59. REPORT TO LEGISLATURE.
The commissioner shall report to the legislature by December
15, 2006, on the redesign of case management services. In preparing the report, the commissioner
shall consult with representatives for consumers, consumer advocates, counties,
labor organizations representing county social service workers, and
service providers. The report shall
include draft legislation for case management changes that will:
(1) streamline administration;
(2) improve consumer access to case management services;
(3) address the use of a comprehensive universal assessment
protocol for persons seeking community supports;
(4) establish case management performance measures;
(5) provide for consumer choice of the case management
service vendor; and
(6) provide a method of payment for case management services
that is cost-effective and best supports the draft legislation in clauses (1) to (5)."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Rukavina moved to amend S. F. No. 3480, as
amended, as follows:
Page 15, after line 27, insert:
"Sec. 25.
Minnesota Statutes 2004, section 65B.44, subdivision 3a, is amended to
read:
Subd. 3a. Disability and income loss benefits
election; senior citizens. A plan of
reparation security issued to or renewed with a person who has attained the age
of 65 60 years, or who is retired and receiving a pension,
must provide disability and income loss benefits under section 65B.44,
subdivision 3, unless the insured elects not to have this coverage. An election by the insured not to have this
coverage remains in effect until revoked by the insured. The reparation obligor shall notify a person
of the person's rights under this section at the time of the sale or the first
renewal of the policy after the insured has attained the age of 65 60
years, or after the insurer has been notified that the insured is retired
and receiving a pension, and at least annually after that. The rate for any plan for which coverage has
been excluded or reduced pursuant to this section must be reduced
accordingly. This section does apply to
self-insurance.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to plans of reparation security issued or
renewed on or after that date."
The motion prevailed and the amendment was
adopted.
Abeler moved to amend S. F. No. 3480, as
amended, as follows:
Page 15, delete section 24
Renumber sections in sequence
The motion prevailed and the amendment was
adopted.
Abeler moved to amend S. F. No. 3480, as amended, as follows:
Page 32, after line 27, insert:
"Sec. 19.
Minnesota Statutes 2004, section 62D.095, subdivision 3, is amended to
read:
Subd. 3. Deductibles. (a) A health maintenance contract
issued by a health maintenance organization that is assessed less than three
percent of the total annual amount assessed by the Minnesota comprehensive
health association may impose deductibles not to exceed $3,000
$4,000 per person, per year and $6,000 $8,000 per family, per
year. For purposes of the percentage
calculation, a health maintenance organization's assessments include those of
its affiliates.
(b) All other health maintenance contracts may impose
deductibles not to exceed $2,250 per person, per year and $4,500 per family,
per year.
Sec. 20. Minnesota
Statutes 2004, section 62D.095, subdivision 4, is amended to read:
Subd. 4. Annual out-of-pocket maximums. (a) A health maintenance contract
issued by a health maintenance organization that is assessed less than three
percent of the total annual amount assessed by the Minnesota comprehensive
health association must include a limitation not to exceed $4,500
$5,000 per person and $7,500 $10,000 per family on total
annual out-of-pocket enrollee cost-sharing expenses. For purposes of the percentage
calculation, a health maintenance organization's assessments include those of
its affiliates.
(b) All other health maintenance contracts must include a
limitation not to exceed $3,000 per person and $6,000 per family on total
annual out-of-pocket enrollee cost-sharing expenses."
Page 36, after line 4, insert:
"Sec. 25. [62J.83] REDUCED PAYMENT AMOUNTS
PERMITTED.
(a) Notwithstanding any provision of chapter 148 or any other
provision of law to the contrary, a health care provider may provide care to a
patient at a discounted payment amount, including care provided for free.
(b) This section does not apply in a situation in which the
discounted payment amount is not permitted under federal law.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page
37, after line 23, insert:
"Sec. 29. [62M.071] PRIOR AUTHORIZATION.
Health plan companies, in cooperation with health care
providers, shall review prior authorization procedures administered by
utilization review organizations and health plan companies to ensure the
cost-effective use of prior authorization and minimization of provider, clinic,
and central office administrative burden.
Sec. 30. [62M.072] USE OF EVIDENCE-BASED
STANDARDS.
If no independently developed evidence-based standards exist
for a particular treatment, testing, or imaging procedure, then an insurer or
utilization review organization shall not deny coverage of the treatment,
testing, or imaging based solely on the grounds that the treatment, testing, or
imaging does not meet an evidence-based standard. This section does not prohibit an insurer or
utilization review organization from denying coverage for services that are
investigational, experimental, or not medically necessary.
Sec. 31. [62Q.645] DISTRIBUTION OF INFORMATION;
ADMINISTRATIVE EFFICIENCY AND COVERAGE OPTIONS.
(a) The commissioner may use reports submitted by health plan
companies, service cooperatives, and the public employee insurance program
created in section 43A.316 to compile entity specific administrative efficiency
reports; may make these reports available on state agency Web sites, including
minnesotahealthinfo.com; and may include information on:
(1) number of covered lives;
(2) covered services;
(3) geographic availability;
(4) whom to contact to obtain current premium rates;
(5) administrative costs, using the definition of
administrative costs developed under section 62J.38;
(6) Internet links to information on the health plan, if
available; and
(7) any other information about the health plan identified by
the commissioner as being useful for employers, consumers, providers, and
others in evaluating health plan options.
(b) This section does not apply to a health plan company
unless its annual Minnesota premiums exceed $50,000,000 based on the most
recent assessment base of the Minnesota Comprehensive Health Association. For purposes of this determination, the
premiums of a health plan company include those of its affiliates."
Page 73, after line 3, insert:
"Sec. 69.
Minnesota Statutes 2004, section 123A.21, subdivision 7, is amended to
read:
Subd. 7. Educational programs and services. (a) The board of directors of each SC
shall submit annually a plan to the members.
The plan shall identify the programs and services which are suggested
for implementation by the SC during the following year and shall contain
components of long-range planning determined by the SC. These programs and services may include, but
are not limited to, the following areas:
(1)
administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services;
(5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and adult
vocational education;
(12) teaching and learning services, including services for
students with special talents and special needs;
(13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services and
centers;
(16) leadership or direction in early childhood and family
education;
(17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs;
(20) technology planning, training, and support services;
(21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
(b) A group health, dental, or long-term disability coverage
program provided by one or more service cooperatives:
(1) must rebid contracts for insurance and third-party
administration at least every four years.
The contracts may be regional or statewide in the discretion of the SC;
and
(2)
may determine premiums for its health, dental, or long-term disability coverage
individually for specific employers or may determine them on a pooled or other
basis established by the SC.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Page 80, after line 8, insert:
"Sec. 72. MEDICAL MALPRACTICE INSURANCE REPORT.
(a) The commissioner of commerce shall provide to the
legislature annually a brief written report on the status of the market for medical
malpractice insurance in Minnesota. The
report must summarize, interpret, explain, and analyze information on that
subject available to the commissioner, through annual statements filed by
insurance companies, information obtained under paragraph (c), and other
sources.
(b) The annual report must consider, to the extent possible,
using definitions developed by the commissioner, Minnesota-specific data on
market shares; premiums received; amounts paid to settle claims that were not
litigated, claims that were settled after litigation began, and claims that
were litigated to court judgment; amounts spent on processing, investigation,
litigation, and otherwise handling claims; other sales and administrative
costs; and the loss ratios of the insurers.
(c) Each insurance company that provides medical malpractice
insurance in this state shall, no later than June 1 each year, file with the
commissioner of commerce, on a form prescribed by the commissioner and using
definitions developed by the commissioner, the Minnesota-specific data
referenced in paragraph (b), other than market share, for the previous calendar
year for that insurance company, shown separately for various categories of
coverages including, if possible, hospitals, medical clinics, nursing homes,
physicians who provide emergency medical care, obstetrician gynecologists, and
ambulance services. An insurance company
need not comply with this paragraph if its direct premium written in the state
for the previous calendar year is less than $2,000,000."
Page 80, after line 13, insert:
"(c) Minnesota Statutes 2005 Supplement, section
62Q.251, is repealed."
Page 80, line 14, delete "is" and insert
", paragraphs (a) and (b), are" and before the period, insert
"and paragraph (c) is effective the day following final enactment"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Lesch offered an amendment to
S. F. No. 3480, as amended.
POINT OF ORDER
Wilkin raised a point of order pursuant to
rule 3.21 that the Lesch amendment was not in order. Speaker pro tempore Davids ruled the point of
order well taken and the Lesch amendment out of order.
S. F. No. 3480, A bill for an act relating
to commerce; regulating license education; regulating certain insurers,
insurance forms and rates, coverages, purchases, filings, utilization reviews,
and claims; enacting an interstate insurance product regulation compact and
providing for its administration; regulating the Minnesota uniform health care
identification card; requiring certain reports; amending Minnesota Statutes
2004, sections 61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02,
subdivision 3; 62A.095, subdivision 1; 62A.17, subdivisions 1, 2; 62A.27;
62A.3093; 62C.14, subdivisions 9, 10; 62E.13, subdivision 3; 62E.14,
subdivision 5; 62J.60, subdivisions 2, 3; 62L.02, subdivision 24; 62M.01,
subdivision 2; 62M.09, subdivision 9; 62S.05, by adding a subdivision; 62S.08,
subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding
a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24,
subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding
a subdivision; 62S.26; 62S.265, subdivision 1; 62S.266, subdivision 2; 62S.29,
subdivision 1; 62S.30; 70A.07; 72C.10, subdivision 1; 79.01, by adding
subdivisions; 79.251, subdivision 1, by adding a subdivision; 79.252, by adding
subdivisions; 79A.23, subdivision 3; 79A.32; 123A.21, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 62A.316; 65B.49,
subdivision 5a; 72A.201, subdivision 6; 79A.04, subdivision 2; 256B.0571;
proposing coding for new law in Minnesota Statutes, chapters 43A; 61A; 62A;
62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section 256B.0571,
subdivisions 2, 5, 11; Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300;
2781.0400; 2781.0500; 2781.0600.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 1
nay as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Goodwin
The bill was passed, as amended, and its title agreed to.
Paulsen moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Davids.
CALENDAR FOR THE DAY,
Continued
S. F. No. 2814, A bill for an act relating
to natural resources; modifying and renaming the Legislative Commission on
Minnesota Resources; adding citizens and making structural changes; modifying
prior appropriations; appropriating money; amending Minnesota Statutes 2004,
sections 116P.02, subdivision 4; 116P.03; 116P.04, subdivision 5; 116P.05, as
amended; 116P.07; 116P.08, subdivisions 3, 4, 5, 6; 116P.09, subdivisions 1, 6,
by adding a subdivision; 116P.11; Minnesota Statutes 2005 Supplement, section
10A.01, subdivision 35; Laws 2005, First Special Session chapter 1, article 2,
section 11, subdivision 10; repealing Minnesota Statutes 2004, sections
116P.02, subdivision 2; 116P.06; Laws 2005, First Special Session chapter 1,
article 2, section 156, subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Davids
Dean
Emmer
Hackbarth
Holberg
Krinkie
Olson
Powell
Vandeveer
Zellers
The bill was passed and its title agreed
to.
The Speaker resumed the Chair.
S. F. No. 2939 was reported
to the House.
Cornish and Juhnke moved to amend S. F. No. 2939, the
unofficial engrossment, as follows:
Page 2, after line 24, insert:
"Sec. 4. CITY OF KIESTER; OPERATION OF A GROCERY
STORE.
The city of Kiester may acquire inventory for and operate a
grocery store in the city on property owned by the city. The city may issue capital notes of the city
in the aggregate principal amount not to exceed $150,000 to finance acquisition
of inventory and operation of the store.
The capital notes must be issued under Minnesota Statutes, section
412.301, for the purposes permitted in this section. The debt represented by the notes is not
included in computing any debt limitations applicable to the city.
EFFECTIVE
DATE. Under Minnesota
Statutes 2004, section 645.023, subdivision 1a, this section is effective
without local approval on the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2939, A bill for an act relating
to the city of Pennock; authorizing the city to acquire a certain parcel of
real estate and appurtenant building and to expend city funds to improve the
building; authorizing the city to convey the parcel to a private entity to be
operated as a commercial establishment; authorizing the city to issue bonds.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 103 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Latz
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Olson
Otremba
Ozment
Paymar
Penas
Peterson,
A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Buesgens
Charron
Cybart
DeLaForest
Eastlund
Emmer
Erickson
Garofalo
Goodwin
Greiling
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Larson
Lenczewski
Loeffler
Nelson, P.
Paulsen
Pelowski
Peppin
Ruud
Vandeveer
Westerberg
Wilkin
Zellers
The bill was passed, as amended, and its
title agreed to.
S. F. No. 2723, A bill for an act relating
to the environment; requiring a report by the Pollution Control Agency on new
public wastewater treatment facilities that do not meet water quality discharge
standards; requiring proposals for new wastewater treatment facilities to
include information on operating and maintenance costs during the first five
years of operation; amending Minnesota Statutes 2004, section 115.447;
proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
S. F. No. 2833 was reported
to the House.
Ellison and Abeler moved to amend S. F. No. 2833 as follows:
Page 1, after line 11, insert:
"Section 1.
Minnesota Statutes 2005 Supplement, section 119B.125, subdivision 2, is
amended to read:
Subd. 2. Persons who cannot be authorized. (a) A person who meets any of the conditions
under paragraphs (b) to (n) must not be authorized as a legal nonlicensed
family child care provider. To determine
whether any of the listed conditions exist, the county must request information
about the provider from the Bureau of Criminal Apprehension, the juvenile
courts, and social service agencies.
When one of the listed entities does not maintain information on a
statewide basis, the county must contact the entity in the county where the
provider resides and any other county in which the provider previously resided
in the past year. For purposes of this
subdivision, a finding that a delinquency petition is proven in juvenile court
must be considered a conviction in state district court. If a county has determined that a provider is
able to be authorized in that county, and a family in another county later
selects that provider, the provider is able to be authorized in the second
county without undergoing a new background investigation unless one of the
following conditions exists:
(1) two years have passed since the first authorization;
(2) another person age 13 or older has joined the provider's
household since the last authorization;
(3) a current household member has turned 13 since the last
authorization; or
(4) there is reason to believe that a household member has a
factor that prevents authorization.
(b) The person has been convicted of one of the following
offenses or has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of one
of the following offenses: sections
609.185 to 609.195, murder in the first, second, or third degree; 609.2661 to
609.2663, murder of an unborn child in the first, second, or third degree;
609.322, solicitation, inducement, promotion of prostitution, or receiving
profit from prostitution; 609.342 to 609.345, criminal sexual conduct in the
first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment
of a child; 617.246, use of minors in sexual performance; 617.247, possession
of pictorial representation of a minor; 609.2242 to 609.2243, felony domestic
assault; a felony offense of spousal abuse; a felony offense of child abuse or
neglect; a felony offense of a crime against children; or an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(c) Less than 15 years have passed since the discharge of the
sentence imposed for the offense and the person has received a felony
conviction for one of the following offenses, or the person has admitted to
committing or a preponderance of the evidence indicates that the person has
committed an act that meets the definition of a felony conviction for one of
the following offenses: sections 609.20
to 609.205, manslaughter in the first or second degree; 609.21, criminal
vehicular homicide; 609.215, aiding suicide or aiding attempted suicide;
609.221 to 609.2231, assault in the first, second, third, or fourth degree;
609.224, repeat offenses of fifth degree assault; 609.228, great bodily harm
caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable
adult; 609.2335, financial exploitation of a vulnerable adult; 609.235, use of
drugs to injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245, aggravated robbery;
609.25, kidnapping; 609.255, false imprisonment; 609.2664 to 609.2665,
manslaughter of an unborn child in the first or second degree; 609.267
to 609.2672, assault of an unborn child in the first, second, or third degree;
609.268, injury or death of an unborn child in the commission of a crime;
609.27, coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other
prohibited acts, minor engaged in prostitution; 609.3451, repeat offenses of
criminal sexual conduct in the fifth degree; 609.378, neglect or endangerment
of a child; 609.52, theft; 609.521, possession of shoplifting gear; 609.561 to
609.563, arson in the first, second, or third degree; 609.582, burglary in the
first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining
signature by false pretenses; 609.66, dangerous weapon; 609.665, setting a
spring gun; 609.67, unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 609.749,
harassment, stalking; 260C.301, termination of parental rights; 152.021 to
152.022 and 152.0262, controlled substance crime in the first or second degree;
152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause
(4), controlled substance crime in third degree; 152.024, subdivision 1, clause
(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat
offenses of indecent exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(d) Less than ten years have passed since the discharge of
the sentence imposed for the offense and the person has received a gross
misdemeanor conviction for one of the following offenses or the person has
admitted to committing or a preponderance of the evidence indicates that the
person has committed an act that meets the definition of a gross misdemeanor
conviction for one of the following offenses:
sections 609.224, fifth degree assault; 609.2242 to 609.2243, domestic
assault; 518B.01, subdivision 14, violation of an order for protection;
609.3451, fifth degree criminal sexual conduct; 609.746, repeat offenses of
interference with privacy; 617.23, repeat offenses of indecent exposure;
617.241, obscene materials and performances; 617.243, indecent literature,
distribution; 617.293, disseminating or displaying harmful material to minors;
609.71, riot; 609.66, dangerous weapons; 609.749, harassment, stalking;
609.224, subdivision 2, paragraph (c), fifth degree assault against a
vulnerable adult by a caregiver; 609.23, mistreatment of persons confined;
609.231, mistreatment of residents or patients; 609.2325, criminal abuse of a
vulnerable adult; 609.2335, financial exploitation of a vulnerable adult;
609.233, criminal neglect of a vulnerable adult; 609.234, failure to report
maltreatment of a vulnerable adult; 609.72, subdivision 3, disorderly conduct
against a vulnerable adult; 609.265, abduction; 609.378, neglect or
endangerment of a child; 609.377, malicious punishment of a child; 609.324,
subdivision 1a, other prohibited acts, minor engaged in prostitution; 609.33, disorderly
house; 609.52, theft; 609.582, burglary in the first, second, third, or fourth
degree; 609.631, check forgery, offering a forged check; 609.275, attempt to
coerce; an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this
paragraph.
(e) Less than seven years have passed since the discharge of
the sentence imposed for the offense and the person has received a misdemeanor
conviction for one of the following offenses or the person has admitted to
committing or a preponderance of the evidence indicates that the person has
committed an act that meets the definition of a misdemeanor conviction for one
of the following offenses: sections
609.224, fifth degree assault; 609.2242, domestic assault; 518B.01, violation
of an order for protection; 609.3232, violation of an order for protection;
609.746, interference with privacy; 609.79, obscene or harassing telephone
calls; 609.795, letter, telegram, or package opening, harassment; 617.23,
indecent exposure; 609.2672, assault of an unborn child, third degree; 617.293,
dissemination and display of harmful materials to minors; 609.66, dangerous
weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(f) The person has been identified by the child protection
agency in the county where the provider resides or a county where the provider
has resided or by the statewide child protection database as the person
allegedly a person found by a preponderance of evidence under section
626.556 to be responsible for physical or sexual abuse of a child within
the last seven years.
(g)
The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide adult protection database as the person responsible for abuse or
neglect of a vulnerable adult within the last seven years.
(h) The person has refused to give written consent for
disclosure of criminal history records.
(i) The person has been denied a family child care license or
has received a fine or a sanction as a licensed child care provider that has
not been reversed on appeal.
(j) The person has a family child care licensing
disqualification that has not been set aside.
(k) The person has admitted or a county has found that there
is a preponderance of evidence that fraudulent information was given to the
county for child care assistance application purposes or was used in submitting
child care assistance bills for payment.
(l) The person has been convicted of the crime of theft by
wrongfully obtaining public assistance.
(m) The person has a household member age 13 or older who has
access to children during the hours that care is provided and who meets one of
the conditions listed in paragraphs (b) to (l).
(n) The person has a household member ages ten to 12 who has
access to children during the hours that care is provided; information or
circumstances exist which provide the county with articulable suspicion that
further pertinent information may exist showing the household member meets one
of the conditions listed in paragraphs (b) to (l); and the household member
actually meets one of the conditions listed in paragraphs (b) to (l)."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Sieben moved to amend S. F. No. 2833, as amended, as follows:
Page 3, after line 29, insert:
"Sec. 5.
Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 4, is
amended to read:
Subd. 4. Crib safety standards and inspection. (a) On at least a monthly basis, the license
holder shall perform safety inspections of every crib used by or that is
accessible to any child in care, and must document the following:
(1) no corner posts extend more than 1/16 of an inch;
(2) no spaces between side slats exceed 2.375 inches;
(3) no mattress supports can be easily dislodged from any
point of the crib;
(4) no cutout designs are present on end panels;
(5)
no heights of the rail and end panel are less than 26 inches when measured from
the top of the rail or panel in the highest position to the top of the mattress
support in its lowest position;
(6) no heights of the rail and end panel are less than nine
inches when measured from the top of the rail or panel in its lowest position
to the top of the mattress support in its highest position;
(7) no screws, bolts, or hardware are loose or not secured,
and there is no use of woodscrews in components that are designed to be
assembled and disassembled by the crib owner;
(8) no sharp edges, points, or rough surfaces are present;
(9) no wood surfaces are rough, splintered, split, or cracked;
(10) no tears in mesh of fabric sides in non-full-size cribs;
(11) no mattress pads in non-full-size mesh or fabric cribs
exceed one inch; and
(12) no unacceptable gaps between the mattress and any
sides of the crib are present as follows:
(i) when the noncompressed mattress is centered in the non-full-size
crib, at any of the adjustable mattress support positions, the gap between the
perimeter of the mattress and the perimeter of the crib cannot be greater than
1/2 inch at any point. When the mattress
is placed against the perimeter of the crib, the resulting gap cannot be
greater that one inch at any point; and
(ii) When the noncompressed mattress is centered in the
full-size crib, at any of the adjustable mattress support positions, the gap
between the perimeter of the mattress and the perimeter of the crib cannot be
greater than 11/16 inch at any point.
When the mattress is placed against the perimeter of the crib, the
resulting gap cannot be greater that 1-3/8 inch at any point.
(b) Upon discovery of any unsafe condition identified by the
license holder during the safety inspection required under paragraph (a), the
license holder shall immediately remove the crib from use and ensure that the
crib is not accessible to children in care, and as soon as practicable, but not
more than two business days after the inspection, remove the crib from the area
where child care services are routinely provided for necessary repairs or to
destroy the crib.
(c) Documentation of the inspections and actions taken with
unsafe cribs required in paragraphs (a) and (b) shall be maintained on site by
the license holder and made available to parents of children in care and the
commissioner."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Clark, Gunther and Abeler moved to amend S. F. No. 2833, as
amended, as follows:
Page 5, after line 30, insert:
"Sec. 8. [256K.60] RUNAWAY AND HOMELESS YOUTH
ACT.
Subdivision 1.
Definitions. (a) The definitions in this subdivision
apply to this section.
(b)
"Commissioner" means the commissioner of human services.
(c) "Homeless youth" means a person 21 years of age
or younger who is unaccompanied by a parent or guardian and is without shelter
where appropriate care and supervision are available, whose parent or legal
guardian is unable or unwilling to provide shelter and care, or who lacks a
fixed, regular, and adequate nighttime residence. The following are not fixed, regular, or
adequate nighttime residences:
(1) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations;
(2) an institution or a publicly or privately operated
shelter designed to provide temporary living accommodations;
(3) transitional housing;
(4) a temporary placement with a peer, friend, or family
member that has not offered permanent residence, a residential lease, or
temporary lodging for more than 30 days; or
(5) a public or private place not designed for, nor
ordinarily used as, a regular sleeping accommodation for human beings.
Homeless youth does not include persons incarcerated or
otherwise detained under federal or state law.
(d) "Youth at risk of homelessness" means a person
21 years of age or younger whose status or circumstances indicate a significant
danger of experiencing homelessness in the near future. Status or circumstances that indicate a
significant danger may include: (1) youth exiting out-of-home placements; (2)
youth who previously were homeless; (3) youth whose parents or primary
caregivers are or were previously homeless; (4) youth who are exposed to abuse
and neglect in their homes; (5) youth who experience conflict with parents due
to chemical or alcohol dependency, mental health disabilities, or other
disabilities; and (6) runaways.
(e) "Runaway" means an unmarried child under the
age of 18 years who is absent from the home of a parent or guardian or other
lawful placement without the consent of the parent, guardian, or lawful
custodian.
Subd. 2. Homeless and runaway youth report. The commissioner shall develop a report
for homeless youth, youth at risk of homelessness, and runaways. The report shall include coordination of
services as defined under subdivisions 3 to 5.
Subd. 3. Street and community outreach and drop-in
program. Youth drop-in
centers must provide walk-in access to crisis intervention and ongoing
supportive services including one-to-one case management services on a
self-referral basis. Street and
community outreach programs must locate, contact, and provide information,
referrals, and services to homeless youth, youth at risk of homelessness, and
runaways. Information, referrals, and
services provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or
mental health counseling;
(5) counseling regarding violence, prostitution, substance
abuse, sexually transmitted diseases, and pregnancy;
(6)
referrals to other agencies that provide support services to homeless youth,
youth at risk of homelessness, and runaways;
(7) assistance with education, employment, and independent
living skills;
(8) aftercare services;
(9) specialized services for highly vulnerable runaways and
homeless youth, including teen parents, emotionally disturbed and mentally ill
youth, and sexually exploited youth; and
(10) homelessness prevention.
Subd. 4. Emergency shelter program. (a) Emergency shelter programs must
provide homeless youth and runaways with referral and walk-in access to
emergency, short-term residential care.
The program shall provide homeless youth and runaways with safe,
dignified shelter, including private shower facilities, beds, and at least one
meal each day; and shall assist a runaway with reunification with the family or
legal guardian when required or appropriate.
(b) The services provided at emergency shelters may include,
but are not limited to:
(1) family reunification services;
(2) individual, family, and group counseling;
(3) assistance obtaining clothing;
(4) access to medical and dental care and mental health
counseling;
(5) education and employment services;
(6) recreational activities;
(7) advocacy and referral services;
(8) independent living skills training;
(9) aftercare and follow-up services;
(10) transportation; and
(11) homelessness prevention.
Subd. 5. Supportive housing and transitional
living programs. Transitional
living programs must help homeless youth and youth at risk of homelessness to
find and maintain safe, dignified housing.
The program may also provide rental assistance and related supportive
services, or refer youth to other organizations or agencies that provide such
services. Services provided may include,
but are not limited to:
(1) educational assessment and referrals to educational
programs;
(2) career planning, employment, work skill training, and
independent living skills training;
(3)
job placement;
(4) budgeting and money management;
(5) assistance in securing housing appropriate to needs and
income;
(6) counseling regarding violence, prostitution, substance
abuse, sexually transmitted diseases, and pregnancy;
(7) referral for medical services or chemical dependency
treatment;
(8) parenting skills;
(9) self-sufficiency support services or life skill training;
(10) aftercare and follow-up services; and
(11) homelessness prevention."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Abeler, Gunther, Wardlow, Sertich, Slawik and Tingelstad
moved to amend S. F. No. 2833, as amended, as follows:
Page 1, after line 11, insert:
"Section
1. COMMISSIONER
OF HUMAN SERVICES
BASIC SLIDING FEE ALLOCATIONS;
CONVERSION TO AUTOMATED SYSTEM. As
determined by the commissioner, counties may use up to six percent of either
calendar year 2008 or 2009 allocations under Minnesota Statutes, section
119B.03, to fund accelerated payments that may occur during the preceding
calendar year during conversion to the automated child care assistance program
system. If conversion occurs over two
calendar years, counties may use up to three percent of the combined calendar
year allocations to fund accelerated payments.
Funding advanced under this paragraph shall be considered part of the
allocation from which it was originally advanced for purposes of setting future
allocations under Minnesota Statutes, section 119B.03, subdivisions 6, 6a, 6b,
and 8, and shall include funding for administrative costs under Minnesota
Statutes, section 119B.15.
Notwithstanding the provisions of any law to the contrary, this
paragraph sunsets December 31, 2009.
CHILD
CARE AND DEVELOPMENT FUND; FEDERAL DEFICIT REDUCTION ACT OF 2005.
Sec.
2. Minnesota Statutes 2004, section
119B.03, subdivision 4, is amended to read:
Subd.
4. Funding
priority. (a) First priority for
child care assistance under the basic sliding fee program must be given to
eligible non-MFIP families who do not have a high school or general equivalency
diploma or who need remedial and basic skill courses in order to pursue
employment or to pursue education leading to employment and who need child care
assistance to participate in the education program. Within this priority, the following subpriorities
must be used:
(1) child
care needs of minor parents;
(2) child
care needs of parents under 21 years of age; and
(3) child
care needs of other parents within the priority group described in this
paragraph.
(b) Second
priority must be given to parents who have completed their MFIP or DWP
transition year, or parents who are no longer receiving or eligible for
diversionary work program supports.
(c) Third
priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(d) Fourth
priority must be given to families in which at least one parent is a veteran as
defined under section 197.447.
(d) (e) Families
under paragraph (b) must be added to the basic sliding fee waiting list on the
date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they
complete their transition year."
Page 1,
line 20, delete "12" and insert "8"
Page 5,
delete lines 7 to 15 and insert:
"(b)
For an individual in the chemical dependency field who was disqualified for a
crime or conduct listed under section 245c.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must
consider granting a variance pursuant to section 245C.30 for the license holder
for a program dealing primarily with adults.
A request for reconsideration evaluated under this paragraph must
include a letter of recommendation from the license holder that was subject to
the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's
departure from that service."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Powell
moved to amend S. F. No. 2833, as amended, as follows:
Page 5,
after line 30, insert:
"Sec.
8. Minnesota Statutes 2004, section
256B.692, subdivision 6, is amended to read:
Subd.
6. Commissioner's
authority. The commissioner may:
(1) reject
any preliminary or final proposal that:
(a) substantially
fails to meet the requirements of this section, or
(b) that the
commissioner determines would substantially impair the state's ability to
purchase health care services in other areas of the state, or
(c) would
substantially impair an enrollee's choice of care systems when reasonable
choice is possible, or
(d) would
substantially impair the implementation and operation of the Minnesota senior
health options demonstration project authorized under section 256B.69,
subdivision 23; and
(2) assume
operation of a county's purchasing of health care for enrollees in medical
assistance and general assistance medical care in the event that the contract
with the county is terminated.
Sec.
9. Laws 2005, First Special Session
chapter 4, article 8, section 84, is amended to read:
Sec.
84. SOLE-SOURCE
OR SINGLE-PLAN MANAGED CARE CONTRACT.
Notwithstanding
Minnesota Statutes, section 256B.692, subdivision 6, clause (1), paragraph
(c), the commissioner of human services shall not reject approve a
county-based purchasing health plan proposal, submitted on behalf of Cass,
Crow Wing, Morrison, Todd, and Wadena Counties, that requires county-based
purchasing on a sole-source or single-plan basis contract if the
implementation of the sole-source or single-plan purchasing proposal
does not limit an enrollee's provider choice or access to services and all
other requirements applicable to health plan purchasing are satisfied. The commissioner shall request federal
approval, if necessary, to permit or maintain a sole-source or single-plan
purchasing option even if choice is available in the area. The
commissioner shall continue single health plan purchasing arrangements with
county-based purchasing entities in the service areas in existence on May 1,
2006, including arrangements for which a proposal was submitted by May 1, 2006,
on behalf of Cass, Crow Wing, Morrison, Todd, and Wadena Counties, in response
to a request for proposals issued by the commissioner.
The
commissioner shall consider, and may approve, contracting on a single-health
plan basis with county-based purchasing plans, or with other qualified health
plans that have coordination arrangements with counties, to serve persons with
a disability who voluntarily enroll, in order to promote better coordination or
integration of health care services, social services and other community-based
services, provided that all requirements applicable to health plan purchasing,
including those in Minnesota Statutes, section 256B.69, subdivision 23, are
satisfied. By January 15, 2007, the
commissioner shall report to the chairs of the appropriate legislative committees
in the house and senate an analysis of the advantages and disadvantages of
using single-health plan purchasing to serve persons with a disability who are
eligible for health care programs. The
report shall include consideration of the impact of federal health care
programs and policies for persons who are eligible for both federal and state
health care programs and shall consider strategies to improve coordination
between federal and state health care programs for those persons.
EFFECTIVE DATE.
This section is effective the day following final enactment."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Latz moved to amend S. F. No. 2833, as amended, as follows:
Page 5, after line 30, insert:
"Sec. 8. Minnesota
Statutes 2004, section 626.556, subdivision 3c, is amended to read:
Subd. 3c. Agency Local welfare agency,
Department of Human Services or Department of Health responsible for
assessing or investigating reports of maltreatment. The following agencies are the
administrative agencies responsible for assessing or investigating reports of
alleged child maltreatment in facilities made under this section:
(1) (a) The county local welfare agency is the
agency responsible for assessing or investigating allegations of maltreatment
in child foster care, family child care, and legally unlicensed child care and
in juvenile correctional facilities licensed under section 241.021 located in
the local welfare agency's county;.
(2) (b) The Department of Human Services is the
agency responsible for assessing or investigating allegations of maltreatment
in facilities licensed under chapters 245A and 245B, except for child foster
care and family child care; and.
(3) (c) The Department of Health is the agency
responsible for assessing or investigating allegations of child maltreatment in
facilities licensed under sections 144.50 to 144.58, and in unlicensed home
health care.
(d) The commissioners of human services, public safety, and
education must jointly submit a written report by January 15, 2007, to the
education policy and finance committees of the legislature recommending the
most efficient and effective allocation of agency responsibility for assessing
or investigating reports of maltreatment and must specifically address
allegations of maltreatment that currently are not the responsibility of a
designated agency."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2833, A bill for an act relating
to human services; changing certain in-service training requirements; requiring
early childhood development training; changing certain first aid training
requirements; allowing the use of mesh sided playpens or cribs under certain
circumstances; establishing the Ramsey County child care pilot project;
providing an exception for notification of a variance or set-aside; amending
Minnesota Statutes 2004, sections 245A.023; 245A.14, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 245A.14, subdivision 12; 245A.146,
subdivision 3; 245C.22, subdivision 7; 245C.24, subdivision 2; 245C.301.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 101 yeas and 31 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Greiling
Gunther
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Abrams
Blaine
Bradley
Brod
Buesgens
Dean
DeLaForest
Eastlund
Emmer
Erickson
Gazelka
Goodwin
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Klinzing
Knoblach
Kohls
Krinkie
Magnus
Marquart
Nelson, P.
Olson
Paulsen
Penas
Peppin
Seifert
Severson
Zellers
The bill was passed, as amended, and its
title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 2892, A bill for an act relating
to higher education; authorizing the Minnesota State Colleges and Universities
Board of Trustees to construct an academic building in Mankato.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 3185, A bill for an act relating to high pressure
piping; classifying data relating to bioprocess piping and equipment as
nonpublic; including bioprocess piping in the definition of high pressure
piping; amending Minnesota Statutes 2004, sections 16B.61, subdivisions 2, 3;
326.461, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 13.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 3779, A bill for an act relating to adults-only
businesses; requiring notice by certified mail to the appropriate statutory or
home-rule charter city under certain circumstances; proposing coding for new
law in Minnesota Statutes, chapter 617.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 785.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary
of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 785
A bill for an act relating to crime
prevention; prohibiting children under the age of 17 from renting or purchasing
certain video games; providing penalties; proposing coding for new law in
Minnesota Statutes, chapter 609.
May 19, 2006
The
Honorable James P. Metzen
President of
the Senate
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
We, the undersigned conferees for S. F. No. 785 report that we
have agreed upon the items in dispute and recommend as follows:
That
the House recede from its amendments and that S. F. No. 785 be further amended
as follows:
Delete everything after the enacting clause and insert:
"Section 1. [325I.07] RESTRICTED VIDEO GAMES;
PROHIBITIONS.
Subdivision 1.
Definition. As used in this section, "restricted
video game" means a video game rated AO or M by the Entertainment Software
Rating Board.
Subd. 2. Prohibited acts; penalty. A person under the age of 17 may not
knowingly rent or purchase a restricted video game. A person who violates this subdivision is
subject to a civil penalty of not more than $25.
Subd. 3. Posted sign required. A person or entity engaged in the retail
business of selling or renting video games from a location or structure with
access to the public shall post a sign in a location that is clearly visible to
consumers. The sign must display the
following language in 30-point font or larger:
"A person under the age of 17 is prohibited from renting or
purchasing a video game rated AO or M.
Violators may be subject to a $25 penalty."
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to violations committed on or after that
date."
Correct the title numbers accordingly
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Sandra L. Pappas, Warren Limmer
and Claire A. Robling.
House Conferees:
Jeff Johnson, Scott Newman and
Tim Mahoney.
Johnson, J., moved that the report of the
Conference Committee on S. F. No. 785 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 785, A bill for an act relating
to crime prevention; prohibiting children under the age of 17 from renting or
purchasing certain video games; providing penalties; proposing coding for new
law in Minnesota Statutes, chapter 609.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 98 yeas and 33 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hamilton
Haws
Heidgerken
Hilstrom
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, S.
Juhnke
Kelliher
Klinzing
Knoblach
Kohls
Lanning
Larson
Latz
Lenczewski
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nelson, P.
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Abrams
Bernardy
Clark
Davnie
Dill
Dorman
Ellison
Goodwin
Hackbarth
Hansen
Hausman
Hilty
Holberg
Hornstein
Jaros
Johnson, R.
Kahn
Koenen
Krinkie
Lesch
Liebling
Mullery
Paymar
Rukavina
Seifert
Sertich
Solberg
Thao
Thissen
Wagenius
Walker
Welti
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 762.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary
of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. NO. 762
A bill for
an act relating to the environment; creating the Clean Water Legacy Act;
providing authority, direction, and funding to achieve and maintain water
quality standards for Minnesota's surface waters in accordance with section
303(d) of the federal Clean Water Act; appropriating money; amending Laws 2005,
chapter 20, article 1, section 39; proposing coding for new law in Minnesota
Statutes, chapter 446A; proposing coding for new law as Minnesota Statutes,
chapter 114D.
May 19, 2006
The Honorable James P. Metzen
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 762 report that we have agreed upon the
items in dispute and recommend as follows:
That
the House recede from its amendments and that S. F. No. 762 be further amended
as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2004, section
103C.501, subdivision 5, is amended to read:
Subd.
5. Contracts
by districts. (a) A district board
may contract on a cost-share basis to furnish financial aid to a land occupier
or to a state agency for permanent systems for erosion or sedimentation control
or water quality improvement that are consistent with the district's
comprehensive and annual work plans.
(b) The
duration of the contract may must, at a minimum, be the time
required to complete the planned systems.
A contract must specify that the land occupier is liable for monetary
damages, not to exceed the and penalties in an amount of
up to 150 percent of the financial assistance received from the district,
for failure to complete the systems or practices in a timely manner or maintain
the systems or practices as specified in the contract.
(c) A
contract may provide for cooperation or funding with federal agencies. A land occupier or state agency may provide
the cost-sharing portion of the contract through services in kind.
(d) The
state board or the district board may not furnish any financial aid for
practices designed only to increase land productivity.
(e) When a
district board determines that long-term maintenance of a system or practice is
desirable, the board may require that maintenance be made a covenant upon the
land for the effective life of the practice.
A covenant under this subdivision shall be construed in the same manner
as a conservation restriction under section 84.65.
Sec.
2. [114D.05]
CITATION.
This
chapter may be cited as the "Clean Water Legacy Act."
Sec.
3. [114D.10]
LEGISLATIVE PURPOSE AND FINDINGS.
Subdivision
1. Purpose. The
purpose of the Clean Water Legacy Act is to protect, restore, and preserve the
quality of Minnesota's surface waters by providing authority, direction, and
resources to achieve and maintain water quality standards for surface waters as
required by section 303(d) of the federal Clean Water Act, United States Code,
title 33, section 1313(d), and applicable federal regulations.
Subd. 2. Findings. The legislature finds that:
(1) there
is a close link between protecting, restoring, and preserving the quality of
Minnesota's surface waters and the ability to develop the state's economy,
enhance its quality of life, and protect its human and natural resources;
(2)
achieving the state's water quality goals will require long-term commitment and
cooperation by all state and local agencies, and other public and private
organizations and individuals, with responsibility and authority for water
management, planning, and protection; and
(3) all
persons and organizations whose activities affect the quality of waters,
including point and nonpoint sources of pollution, have a responsibility to
participate in and support efforts to achieve the state's water quality goals.
Sec.
4. [114D.15]
DEFINITIONS.
Subdivision
1. Application. The
definitions provided in this section apply to the terms used in this chapter.
Subd. 2. Citizen
monitoring. "Citizen
monitoring" means monitoring of surface water quality by individuals and
nongovernmental organizations that is consistent with section 115.06,
subdivision 4, and Pollution Control Agency guidance on monitoring procedures,
quality assurance protocols, and data management.
Subd. 3. Clean
Water Council. "Clean
Water Council" or "council" means the Clean Water Council
created pursuant to section 114D.30, subdivision 1.
Subd. 4. Federal
TMDL requirements. "Federal
TMDL requirements" means the requirements of section 303(d) of the Clean
Water Act, United States Code, title 33, section 1313(d), and associated
regulations and guidance.
Subd. 5. Impaired
water. "Impaired
water" means surface water that does not meet applicable water quality
standards.
Subd. 6. Public
agencies. "Public
agencies" means all state agencies, political subdivisions, joint powers
organizations, and special purpose units of government with authority,
responsibility, or expertise in protecting, restoring, or preserving the
quality of surface waters, managing or planning for surface waters and related
lands, or financing waters-related projects.
Public agencies includes the University of Minnesota and other public
education institutions.
Subd. 7. Restoration. "Restoration" means actions,
including effectiveness monitoring, that are taken to achieve and maintain
water quality standards for impaired waters in accordance with a TMDL that has
been approved by the United States Environmental Protection Agency under
federal TMDL requirements.
Subd. 8. Surface
waters. "Surface
waters" means waters of the state as defined in section 115.01,
subdivision 22, excluding groundwater as defined in section 115.01, subdivision
6.
Subd. 9. Third-party
TMDL. "Third-party
TMDL" means a TMDL by the Pollution Control Agency that is developed in
whole or in part by a qualified public agency other than the Pollution Control
Agency consistent with the goals, policies, and priorities in section 114D.20.
Subd. 10. Total
maximum daily load or TMDL. "Total
maximum daily load" or "TMDL" means a scientific study that
contains a calculation of the maximum amount of a pollutant that may be
introduced into a surface water and still ensure that applicable water quality
standards for that water are restored and maintained. A TMDL also is the sum of the pollutant load
allocations for all sources of the pollutant, including a wasteload allocation
for point sources, a load allocation for nonpoint sources and natural
background, an allocation for future growth of point and nonpoint sources, and
a margin of safety to account for uncertainty about the relationship between
pollutant loads and the quality of the receiving surface water. "Natural
background" means characteristics of the water body resulting from the
multiplicity of factors in nature, including climate and ecosystem dynamics,
that affect the physical, chemical, or biological conditions in a water body,
but does not include measurable and distinguishable pollution that is
attributable to human activity or influence.
A TMDL must take into account seasonal variations.
Subd. 11. TMDL
implementation plan. "TMDL
implementation plan" means a document detailing restoration activities needed
to meet the approved TMDL's pollutant load allocations for point and nonpoint
sources.
Subd. 12. Water
quality standards. "Water
quality standards" for Minnesota surface waters are found in Minnesota
Rules, chapters 7050 and 7052.
Sec.
5. [114D.20]
IMPLEMENTATION; COORDINATION; GOALS; POLICIES; AND PRIORITIES.
Subdivision
1. Coordination and cooperation. In implementing this chapter, public
agencies and private entities shall take into consideration the relevant
provisions of local and other applicable water management, conservation, land
use, land management, and development plans and programs. Public agencies with authority for local
water management, conservation, land use, land management, and development
plans shall take into consideration the manner in which their plans affect the
implementation of this chapter. Public
agencies shall identify opportunities to participate and assist in the
successful implementation of this chapter, including the funding or technical
assistance needs, if any, that may be necessary. In implementing this chapter, public agencies
shall endeavor to engage the cooperation of organizations and individuals whose
activities affect the quality of surface waters, including point and nonpoint
sources of pollution, and who have authority and responsibility for water
management, planning, and protection. To
the extent practicable, public agencies shall endeavor to enter into formal and
informal agreements and arrangements with federal agencies and departments to
jointly utilize staff and educational, technical, and financial resources to
deliver programs or conduct activities to achieve the intent of this chapter,
including efforts under the federal Clean Water Act and other federal farm and
soil and water conservation programs.
Nothing in this chapter affects the application of silvicultural
exemptions under any federal, state, or local law or requires silvicultural
practices more stringent than those recommended in the timber harvesting and
forest management guidelines adopted by the Minnesota Forest Resources Council
under section 89A.05.
Subd. 2. Goals
for implementation. The
following goals must guide the implementation of this chapter:
(1) to
identify impaired waters in accordance with federal TMDL requirements within
ten years after the effective date of this section and thereafter to ensure
continuing evaluation of surface waters for impairments;
(2) to
submit TMDL's to the United States Environmental Protection Agency for all
impaired waters in a timely manner in accordance with federal TMDL
requirements;
(3) to set
a reasonable time for implementing restoration of each identified impaired
water;
(4) to
provide assistance and incentives to prevent waters from becoming impaired and
to improve the quality of waters that are listed as impaired but do not have an
approved TMDL addressing the impairment;
(5) to
promptly seek the delisting of waters from the impaired waters list when those
waters are shown to achieve the designated uses applicable to the waters; and
(6) to
achieve compliance with federal Clean Water Act requirements in Minnesota.
Subd. 3. Implementation
policies. The following
policies must guide the implementation of this chapter:
(1) develop
regional and watershed TMDL's and TMDL implementation plans, and TMDL's and
TMDL implementation plans for multiple pollutants, where reasonable and
feasible;
(2)
maximize use of available organizational, technical, and financial resources to
perform sampling, monitoring, and other activities to identify impaired waters,
including use of citizen monitoring and citizen monitoring data used by the
Pollution Control Agency in assessing water quality must meet the requirements
in Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesota Pollution
Control Agency (2003);
(3)
maximize opportunities for restoration of impaired waters, by prioritizing and
targeting of available programmatic, financial, and technical resources and by
providing additional state resources to complement and leverage available
resources;
(4)
use existing regulatory authorities to achieve restoration for point and
nonpoint sources of pollution where applicable, and promote the development and
use of effective nonregulatory measures to address pollution sources for which
regulations are not applicable;
(5) use
restoration methods that have a demonstrated effectiveness in reducing
impairments and provide the greatest long-term positive impact on water quality
protection and improvement and related conservation benefits while
incorporating innovative approaches on a case-by-case basis;
(6)
identify for the legislature any innovative approaches that may strengthen or
complement existing programs;
(7)
identify and encourage implementation of measures to prevent waters from
becoming impaired and to improve the quality of waters that are listed as
impaired but have no approved TMDL addressing the impairment using the best
available data and technology, and establish and report outcome-based
performance measures that monitor the progress and effectiveness of protection
and restoration measures; and
(8) monitor
and enforce cost-sharing contracts and impose monetary damages in an amount up
to 150 percent of the financial assistance received for failure to comply.
Subd. 4. Priorities
for identifying impaired waters.
The Pollution Control Agency, in accordance with federal TMDL
requirements, shall set priorities for identifying impaired waters, giving
consideration to:
(1) waters
where impairments would pose the greatest potential risk to human or aquatic
health; and
(2) waters
where data developed through public agency or citizen monitoring or other
means, provides scientific evidence that an impaired condition exists.
Subd. 5. Priorities
for preparation of TMDL's. The
Clean Water Council shall recommend priorities for scheduling and preparing
TMDL's and TMDL implementation plans, taking into account the severity of the
impairment, the designated uses of those waters, and other applicable federal
TMDL requirements. In recommending
priorities, the council shall also give consideration to waters and watersheds:
(1) with
impairments that pose the greatest potential risk to human health;
(2) with
impairments that pose the greatest potential risk to threatened or endangered
species;
(3) with
impairments that pose the greatest potential risk to aquatic health;
(4) where
other public agencies and participating organizations and individuals,
especially local, basinwide, watershed, or regional agencies or organizations,
have demonstrated readiness to assist in carrying out the responsibilities,
including availability and organization of human, technical, and financial
resources necessary to undertake the work; and
(5) where
there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and
implementation of activities that will assist in carrying out the
responsibilities.
Subd. 6. Priorities
for restoration of impaired waters. In implementing restoration of impaired
waters, in addition to the priority considerations in subdivision 5, the Clean
Water Council shall give priority in its recommendations for restoration
funding from the clean water legacy account to restoration projects that:
(1)
coordinate with and utilize existing local authorities and infrastructure for
implementation;
(2)
can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;
(3) most
effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;
(4) show a
high potential for early restoration and delisting based upon scientific data
developed through public agency or citizen monitoring or other means; and
(5) show a
high potential for long-term water quality and related conservation benefits.
Subd. 7. Priorities
for funding prevention actions. The
Clean Water Council shall apply the priorities applicable under subdivision 6,
as far as practicable, when recommending priorities for funding actions to
prevent waters from becoming impaired and to improve the quality of waters that
are listed as impaired but do not have an approved TMDL.
Sec. 6. [114D.25]
ADMINISTRATION; POLLUTION CONTROL AGENCY.
Subdivision
1. General duties and authorities. (a) The Pollution Control Agency, in
accordance with federal TMDL requirements, shall:
(1) identify
impaired waters and propose a list of the waters for review and approval by the
United States Environmental Protection Agency;
(2) develop
and approve TMDL's for listed impaired waters and submit the approved TMDL's to
the United State Environmental Protection Agency for final approval; and
(3) propose
to delist waters from the Environmental Protection Agency impaired waters list.
(b) A TMDL
must include a statement of the facts and scientific data supporting the TMDL
and a list of potential implementation options, including:
(1) a range
of estimates of the cost of implementation of the TMDL; and
(2) for
point sources, the individual wasteload data and the estimated cost of
compliance addressed by the TMDL.
(c) The
implementation information need not be sent to the United States Environmental
Protection Agency for review and approval.
Subd. 2. Administrative
procedures for TMDL approval. The
approval of a TMDL by the Pollution Control Agency is a final decision of the
agency for purposes of section 115.05, and is subject to the contested case
procedures of sections 14.57 to 14.62 in accordance with agency procedural
rules. The agency shall not submit an
approved TMDL to the United States Environmental Protection Agency until the
time for commencing judicial review has run or the judicial review process has
been completed. A TMDL is not subject to
the rulemaking requirements of chapter 14, including section 14.386.
Subd. 3. TMDL
submittal requirement. Before
submitting a TMDL to the United States Environmental Protection Agency, the
Pollution Control Agency shall comply with the notice and procedure requirements
of this section. If a contested case
proceeding is not required for a proposed TMDL, the agency may submit the TMDL
to the United States Environmental Protection Agency no earlier than 30 days
after the notice required in subdivision 4.
If a contested case proceeding is required for a TMDL, the TMDL may be
submitted to the United States Environmental Protection Agency after the
contested case proceeding and appeal process is completed.
Subd.
4.
(1) that
the public has 30 days in which to submit comment in support of or in
opposition to the proposed TMDL and that comment is encouraged;
(2) that
each comment should identify the portion of the proposed TMDL addressed, the
reason for the comment, and any change proposed;
(3) of the
manner in which persons must request a contested case proceeding on the
proposed TMDL;
(4) that
the proposed TMDL may be modified if the modifications are supported by the
data and facts; and
(5) the
date on which the 30-day comment period ends.
Subd. 5. Third-party
TMDL development. The
Pollution Control Agency may enter into agreements with any qualified public
agency setting forth the terms and conditions under which that agency is
authorized to develop a third-party TMDL.
In determining whether the public agency is qualified to develop a
third-party TMDL, the Pollution Control Agency shall consider the technical and
administrative qualifications of the public agency, cost, and shall avoid any
potential organizational conflict of interest, as defined in section 16C.02,
subdivision 10a, of the public agency with respect to the development of the
third-party TMDL. A third-party TMDL is
subject to modification and approval by the Pollution Control Agency, and must
be approved by the Pollution Control Agency before it is submitted to the
United States Environmental Protection Agency.
The Pollution Control Agency shall only consider authorizing the
development of third-party TMDL's consistent with the goals, policies, and
priorities determined under section 114D.20.
Sec.
7. [114D.30]
CLEAN WATER COUNCIL.
Subdivision
1. Creation; duties. A
Clean Water Council is created to advise on the administration and
implementation of this chapter, and foster coordination and cooperation as
described in section 114D.20, subdivision 1.
The council may also advise on the development of appropriate processes
for expert scientific review as described in section 114D.35, subdivision
2. The Pollution Control Agency shall
provide administrative support for the council with the support of other member
agencies. The members of the council
shall elect a chair from the nonagency members of the council.
Subd. 2. Membership;
appointment. The commissioners
of natural resources, agriculture, and the Pollution Control Agency, and the
executive director of the Board of Water and Soil Resources shall appoint one
person from their respective agency to serve as a member of the council. Agency members serve as nonvoting members of
the council. Seventeen additional
nonagency members of the council shall be appointed by the governor as follows:
(1) two
members representing statewide farm organizations;
(2) one
member representing business organizations;
(3) one
member representing environmental organizations;
(4)
one member representing soil and water conservation districts;
(5) one
member representing watershed districts;
(6) one
member representing nonprofit organizations focused on improvement of Minnesota
lakes or streams;
(7) two
members representing organizations of county governments, one member
representing the interests of rural counties and one member representing the
interests of counties in the seven-county metropolitan area;
(8) two
members representing organizations of city governments;
(9) one
member representing the Metropolitan Council established under section 473.123;
(10) one
township officer;
(11) one
member representing the interests of tribal governments;
(12) one member
representing statewide hunting organizations;
(13) one
member representing the University of Minnesota or a Minnesota state
university; and
(14) one
member representing statewide fishing organizations.
Members
appointed under clauses (1) to (14) must not be registered lobbyists. In making appointments, the governor must
attempt to provide for geographic balance.
The members of the council appointed by the governor are subject to the
advice and consent of the senate.
Subd. 3. Conflict
of interest. A Clean Water
Council member may not participate in or vote on a decision of the council
relating to an organization in which the member has either a direct or indirect
personal financial interest. While
serving on the Clean Water Council, a member shall avoid any potential conflict
of interest.
Subd. 4. Terms;
compensation; removal. The
initial terms of members representing state agencies and the Metropolitan
Council expire on the first Monday in January 2007. Thereafter, the terms of members representing
the state agencies and the Metropolitan Council are four years and are
coterminous with the governor. The terms
of other members of the council shall be as provided in section 15.059,
subdivision 2. Members may serve until
their successors are appointed and qualify.
Compensation and removal of council members is as provided in section
15.059, subdivisions 3 and 4. A vacancy
on the council may be filled by the appointing authority provided in subdivision 1 for the remainder of the
unexpired term.
Subd. 5. Implementation
plan. The Clean Water Council
shall recommend a plan for implementation of this chapter. The recommended plan shall address general
procedures and time frames for implementing this chapter, and shall include a
more specific implementation work plan for the next fiscal biennium and a
framework for setting priorities to address impaired waters consistent with
section 114D.20, subdivisions 2 to 7.
The council shall issue the first recommended plan under this
subdivision by December 1, 2005, and shall issue a revised plan by December 1
of each even-numbered year thereafter.
Subd. 6. Recommendations
on appropriation of funds. The
Clean Water Council shall recommend to the governor the manner in which money
from the clean water legacy account should be appropriated for the purposes
identified in section 114D.45, subdivision 3.
The council's recommendations must be consistent with the purposes,
policies, goals, and priorities in sections 114D.05 to 114D.35, and shall
allocate adequate support and resources to identify impaired waters, develop
TMDL's, implement restoration of impaired waters, and provide assistance and incentives
to prevent waters from becoming impaired and improve the quality of waters
which are listed as impaired but have no approved TMDL. The council must recommend methods of
ensuring that awards of grants, loans, or other funds from the clean water
legacy account specify the outcomes to be achieved as a result of the funding
and specify standards to hold the recipient accountable for achieving the
desired outcomes. Expenditures from the
account must be appropriated by law.
Subd. 7. Biennial
report to legislature. By
December 1 of each even-numbered year, the council shall submit a report to the
legislature on the activities for which money has been or will be spent for the
current biennium, the activities for which money is recommended to be spent in
the next biennium, and the impact on economic development of the implementation
of the impaired waters program. The
report due on December 1, 2014, must include an evaluation of the progress made
through June 30, 2014, in implementing this chapter, the need for funding of
future implementation of those sections, and recommendations for the sources of
funding.
Sec.
8. [114D.35]
PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.
Subdivision
1. Public and stakeholder participation. Public agencies and private entities
involved in the implementation of this chapter shall encourage participation by
the public and stakeholders, including local citizens, landowners and managers,
and public and private organizations, in the identification of impaired waters,
in developing TMDL's, and in planning, priority setting, and implementing
restoration of impaired waters. In
particular, the Pollution Control Agency shall make reasonable efforts to
provide timely information to the public and to stakeholders about impaired
waters that have been identified by the agency.
The agency shall seek broad and early public and stakeholder
participation in scoping the activities necessary to develop a TMDL, including
the scientific models, methods, and approaches to be used in TMDL development,
and to implement restoration pursuant to section 114D.15, subdivision 7.
Subd. 2. Expert
scientific advice. The Clean
Water Council and public agencies and private entities shall make use of
available public and private expertise from educational, research, and
technical organizations, including the University of Minnesota and other higher
education institutions, to provide appropriate independent expert advice on
models, methods, and approaches used in identifying impaired waters, developing
TMDL's, and implementing prevention and restoration.
Subd. 3. Education. The Clean Water Council shall develop
strategies for informing, educating, and encouraging the participation of
citizens, stakeholders, and others regarding the identification of impaired
waters, development of TMDL's, development of TMDL implementation plans, and implementation
of restoration for impaired waters.
Public agencies shall be responsible for implementing the strategies.
Sec.
9. [114D.45]
CLEAN WATER LEGACY ACCOUNT.
Subdivision
1. Creation. The
clean water legacy account is created as an account in the environmental
fund. Money in the account must be made
available for the implementation of this chapter and sections 446A.073,
446A.074, and 446A.075, without supplanting or taking the place of any other
funds which are currently available or may become available from any other
source, whether federal, state, local, or private, for implementation of those
sections.
Subd. 2. Sources
of revenue. The following
revenues must be deposited in the clean water legacy account:
(1) money
transferred to the account; and
(2)
interest accrued on the account.
Subd.
3.
(1) to
provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing
TMDL's, implementing restoration plans for impaired waters, and monitoring the
effectiveness of restoration;
(2) to
support measures to prevent waters from becoming impaired and to improve the
quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;
(3) to
provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
(4) to
support the efforts of public agencies associated with individual sewage
treatment systems and financial assistance for upgrading and replacing the
systems; and
(5) to
provide funds to state agencies to carry out their responsibilities under this
chapter.
Sec.
10. Minnesota Statutes 2004, section
115.03, is amended by adding a subdivision to read:
Subd. 10. Nutrient
loading offset. (a) Prior to
the completion of a total maximum daily load for an impaired water, the
Pollution Control Agency may issue a permit for a new discharger or an
expanding discharger if it results in decreased loading to an impaired
water. Where a new discharger or an
expanding existing discharger cannot effectively implement zero discharge
options, the agency may issue a permit if the increased loading is offset by
reductions from other sources of loading to the impaired water, so that there
is a net decrease in the pollutant loading of concern. The term "new discharger" is as
defined in Code of Federal Regulations, title 40, section 122.2.
(b) The
legislature intends this subdivision to confirm and clarify the authority of
the pollution control agency to issue the authorized permits under prior
law. The subdivision must not be
construed as a legislative interpretation within the meaning of Minnesota
Statutes, section 645.16, clause (8), or otherwise as the legislature's intent
that the agency did not have authority to issue such a permit under prior law.
Sec.
11. Minnesota Statutes 2004, section
446A.051, is amended to read:
446A.051 PROJECT FINANCIAL ASSISTANCE.
The
authority shall assist eligible governmental units in determining what grants
or loans under sections 446A.06, and 446A.07, 446A.072,
446A.073, 446A.074, 446A.075, and 446A.081 to apply for to finance projects
and the manner in which the governmental unit will pay for its portion of the
project cost. If a project is
eligible for a grant under section 446A.073, 446A.074, or 446A.075, the total
grant shall not exceed the greater of the maximum amount from a single program
or the amount the project could receive under section 446A.072. The authority shall review the proposed
financing for each project certified by the agency to ascertain whether or not:
(1) total financing of a project is assured; and (2) the governmental unit's
financial plan to pay for its portion of the project cost is feasible.
Sec.
12. Minnesota Statutes 2005 Supplement,
section 446A.073, subdivision 1, is amended to read:
Subdivision
1. Program
established. When money is
appropriated for grants under this program, the authority must make grants
to municipalities to cover up to one-half the cost of wastewater treatment or
stormwater projects made necessary by wasteload reductions under total
maximum daily load plans required by section 303(d) of the federal Clean Water
Act, United States Code, title 33, section 1313(d).
Sec.
13. Minnesota Statutes 2005 Supplement,
section 446A.073, subdivision 2, is amended to read:
Subd.
2. Grant
application. Application for a grant
must be made to the authority on forms prescribed by the authority for the
total maximum daily load grant program, with additional information as required
by the authority, including a project schedule and cost estimate for the
work necessary to comply with the point source wasteload allocation. In accordance with section 116.182,
The Pollution Control Agency shall:
(1) in
accordance with section 116.182, calculate the essential project component
percentage, which must be multiplied by the total project cost to determine the
eligible project cost; and
(2) review
and certify approved projects to the authority those projects that
have plans and specifications approved under section 115.03, subdivision 1,
paragraph (f).
Sec.
14. [446A.074]
CLEAN WATER LEGACY PHOSPHORUS REDUCTION GRANTS.
Subdivision
1. Creation of account. A
clean water legacy capital improvement account is created in the bond proceeds
fund. Money in the account may only be
used for grants for eligible capital costs as provided in this section. Money in the clean water legacy capital
improvement fund, including interest earned, is appropriated to the authority
for the purposes of this section.
Subd. 2. Grants. The authority shall award grants from the
clean water legacy capital improvement account to governmental units for the
capital costs of wastewater treatment facility projects or a portion thereof
that will reduce the discharge of total phosphorus from the facility to one
milligram per liter or less. A project
is eligible for a grant if it meets the following requirements:
(1) the
applicable phosphorus discharge limit is incorporated in a permit issued by the
agency for the wastewater treatment facility on or after March 28, 2000, the
grantee agrees to comply with the applicable limit as a condition of receiving
the grant, or the grantee made improvements to a wastewater treatment facility
on or after March 28, 2000, that include infrastructure to reduce the discharge
of total phosphorus to one milligram per liter or less;
(2) the
governmental unit has submitted a facilities plan for the project to the agency
and a grant application to the authority on a form prescribed by the authority;
and
(3) the
agency has approved the facilities plan, and certified the eligible costs for
the project to the authority.
Subd. 3. Eligible
capital costs. Eligible
capital costs for phosphorus reduction grants under subdivision 4, paragraph
(a), include engineering and inspection costs and the as-bid construction costs
for phosphorus treatment. Eligible
capital costs for phosphorus reduction grants under subdivision 4, paragraph
(b), include the final, incurred construction, engineering, and inspection
costs for phosphorus treatment.
Subd. 4. Grant
amounts and priorities. (a)
Priority must be given to projects that start construction on or after July 1,
2006. If a facility's plan for a project
is approved by the agency before July 1, 2010, the amount of the grant is 75
percent of the eligible capital cost of the project. If a facility's plan for a project is
approved by the agency on or after July 1, 2010, the amount of the grant is 50
percent of the eligible capital cost of the project. Priority in awarding grants under this
paragraph must be based on the date of approval of the facility's plan for the
project.
(b)
Projects that meet the eligibility requirements in subdivision 2 and have
started construction before July 1, 2006, may be eligible for grants to
reimburse up to 75 percent of the eligible capital cost of the project, less
any amounts previously received in grants from other sources, provided that
reimbursement is an eligible use of funds.
Application for a grant under this paragraph must be submitted to the
authority no later than June 30, 2008.
Priority for award of grants under this paragraph must be based on the
date of agency approval of the facility plan.
(c)
In each fiscal year that money is available for grants, the authority shall
first award grants under paragraph (a) to projects that met the eligibility
requirements of subdivision 2 by May 1 of that year. The authority shall use any remaining money
available that year to award grants under paragraph (b). Grants that have been approved but not
awarded in a previous fiscal year carry over and must be awarded in subsequent
fiscal years in accordance with the priorities in this paragraph.
(d)
Disbursements of grants under this section by the authority to recipients must
be made for eligible project costs as incurred by the recipients, and must be
made by the authority in accordance with the project financing agreement and
applicable state law.
Subd. 5. Fees. The authority may charge the grant
recipient a fee for its administrative costs not to exceed one-half of one
percent of the grant amount, to be paid upon execution of the grant agreement.
Sec.
15. [446A.075]
SMALL COMMUNITY WASTEWATER TREATMENT PROGRAM.
Subdivision
1. Creation of account. A
small community wastewater treatment account is created in the special revenue
fund. The authority shall make loans and
grants from the account as provided in this section. Money in the fund is annually appropriated to
the authority and does not lapse. The
account shall be credited with all loan repayments and investment income from
the account and servicing fees assessed under section 446A.04, subdivision
5. The authority shall manage and
administer the small community wastewater treatment account and for these
purposes, may exercise all powers provided in this chapter.
Subd. 2. Loans
and grants. (a) The authority
shall award loans as provided in paragraph (b) and grants as provided in
paragraphs (c) and (d) to governmental units from the small community
wastewater treatment account for projects to replace noncomplying individual
sewage treatment systems with a community wastewater treatment system or
systems meeting the requirements of section 115.55. A governmental unit receiving a loan or loan
and grant from the account shall own the individual wastewater treatment systems
or community wastewater treatment systems built under the program and shall be
responsible, either directly or through a contract with a private vendor, for
all inspections, maintenance, and repairs necessary to ensure proper operation
of the systems.
(b) Loans
may be awarded for up to 100 percent of eligible project costs as described in
this section.
(c) When
the area to be served by a project has a median household income below the
state average median household income, the governmental unit may receive 50
percent of the funding provided under this section in the form of a grant. An applicant may submit income survey data
collected by an independent party if it believes the most recent United States
census does not accurately reflect the median household income of the area to
be served.
(d) If
requested, and if it is an eligible use of funds, a governmental unit receiving
funding under this section may receive a grant equal to ten percent of its
first year's award, up to a maximum of $30,000, to contract for technical
assistance services from the University of Minnesota Extension Service to
develop the technical, managerial, and financial capacity necessary to build,
operate, and maintain the systems.
Subd. 3. Project
priority list. Governmental
units seeking loans or loans and grants from the small community wastewater
treatment program shall first submit a project proposal to the agency on a form
prescribed by the agency. A project
proposal shall include the compliance status for all individual sewage
treatment systems in the project area.
The agency shall rank project proposals on its project priority list
used for the water pollution control revolving fund under section 446A.07.
Subd. 4. Applications. Governmental units with projects on the
project priority list shall submit applications to the authority on forms
prescribed by the authority. The
application shall include:
(1)
a list of the individual sewage treatment systems proposed to be replaced over
a period of up to three years;
(2) a
project schedule and cost estimate for each year of the project;
(3) a
financing plan for repayment of the loan; and
(4) a
management plan providing for the inspection, maintenance, and repairs
necessary to ensure proper operation of the systems.
Subd. 5. Awards. The authority shall award loans or loans
and grants as provided in subdivision 2 to governmental units with approved
applications based on their ranking on the agency's project priority list. The total amount awarded shall be based on
the estimated project costs for the portion of the project expected to be
completed within one year, up to an annual maximum of $500,000. For projects expected to take more than one
year to complete, the authority may make a multiyear commitment for a period
not to exceed three years, contingent on the future availability of funds. Each year of a multiyear commitment must be
funded by a separate loan or loan and grant agreement meeting the terms and
conditions in subdivision 6. A
governmental unit receiving a loan or loan and grant under a multiyear
commitment shall have priority for additional loan and grant funds in
subsequent years.
Subd. 6. Loan
terms and conditions. Loans
from the small community wastewater treatment account shall comply with the
following terms and conditions:
(1) principal
and interest payments must begin no later than two years after the loan is
awarded;
(2) loans
shall carry an interest rate of one percent;
(3) loans
shall be fully amortized within ten years of the first scheduled payment or, if
the loan amount exceeds $10,000 per household, shall be fully amortized within
20 years but not to exceed the expected design life of the system;
(4) a
governmental unit receiving a loan must establish a dedicated source or sources
of revenues for repayment of the loan and must issue a general obligation note
to the authority for the full amount of the loan; and
(5) each
property owner voluntarily seeking assistance for repair or replacement of an
individual treatment system under this program must provide an easement to the
governmental unit to allow access to the system for management and repairs.
Subd. 7. Special
assessment deferral. (a) A
governmental unit receiving a loan under this section that levies special
assessments to repay the loan may defer payment of the assessments under the
provisions of sections 435.193 to 435.195.
(b) A
governmental unit that defers payment of special assessments for one or more
properties under paragraph (a) may request deferral of that portion of the debt
service on its loan, and the authority shall accept appropriate amendments to
the general obligation note of the governmental unit. If special assessment payments are later
received from properties that received a deferral, the funds received shall be
paid to the authority with the next scheduled loan payment.
Subd. 8. Eligible
costs. Eligible costs for
small community wastewater treatment loans and grants shall include the costs
of technical assistance as provided in subdivision 2, paragraph (d), design,
construction, related legal fees, and land acquisition.
Subd.
9.
Subd. 10. Audits. A governmental unit receiving a loan under
this section must annually provide to the authority for the term of the loan a
copy of its annual independent audit or, if the governmental unit is not
required to prepare an independent audit, a copy of the annual financial
reporting form it provides to the state auditor.
Sec.
16. PHOSPHORUS
RULE; REPORT.
(a)
Notwithstanding any law to the contrary, a provision of a Minnesota Pollution
Control Agency rule establishing new or changed limits on phosphorus discharges
from a new or existing wastewater facility must not take effect until July 1,
2007.
(b) The
Minnesota Pollution Control Agency must report to the legislature by February
1, 2007, on a proposed or adopted rule changing limits on phosphorus
discharges. The report must address
scientific justification for the new rule and the impact the proposed or
adopted rule will have on needed funding to implement the Clean Water Legacy
Act.
Sec.
17. EFFECTIVE
DATE.
Sections 1
to 16 are effective the day following final enactment."
Delete the
title and insert:
"A
bill for an act relating to the environment; modifying provisions for
cost-sharing contracts for erosion control and water management; creating the
Clean Water Legacy Act; providing authority, direction, and funding to achieve
and maintain water quality standards according to section 303(d) of the federal
Clean Water Act; creating loan and grant programs; providing for nutrient
loading offset; requiring a report on phosphorus discharge rules; appropriating
money; amending Minnesota Statutes 2004, sections 103C.501, subdivision 5;
115.03, by adding a subdivision; 446A.051; Minnesota Statutes 2005 Supplement,
section 446A.073, subdivisions 1, 2; proposing coding for new law in Minnesota
Statutes, chapter 446A; proposing coding for new law as Minnesota Statutes,
chapter 114D."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Dennis R. Frederickson, John C.
Hottinger and Rod Skoe.
House Conferees:
Dennis Ozment, Maxine Penas and
Al Juhnke.
Ozment moved that the report of the
Conference Committee on S. F. No. 762 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker called Davids to the Chair.
S. F. No. 762, A bill for an act relating
to the environment; creating the Clean Water Legacy Act; providing authority,
direction, and funding to achieve and maintain water quality standards for
Minnesota's surface waters in accordance with section 303(d) of the federal
Clean Water Act; appropriating money; amending Laws 2005, chapter 20, article
1, section 39; proposing coding for new law in Minnesota Statutes, chapter
446A; proposing coding for new law as Minnesota Statutes, chapter 114D.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 82 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Blaine
Bradley
Brod
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Eken
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Lanning
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Bernardy
Buesgens
Carlson
Clark
Davnie
Dittrich
Ellison
Emmer
Entenza
Goodwin
Greiling
Hausman
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Olson
Paymar
Peterson, A.
Peterson, S.
Poppe
Ruud
Scalze
Sieben
Simon
Thao
Thissen
Vandeveer
Wagenius
Walker
The bill was repassed, as amended by
Conference, and its title agreed to.
The Speaker resumed the Chair.
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 2576.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrick E. Flahaven, Secretary
of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. NO. 2576
A bill for an act relating
to commerce; regulating the purchase and lease of new ambulances; establishing
a manufacturer's duty to repair, refund, or replace; amending Minnesota
Statutes 2004, section 325F.665, subdivision 1.
May 19,
2006
The Honorable James P. Metzen
President of the Senate
The Honorable Steve Sviggum
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2576 report that we have agreed upon the
items in dispute and recommend as follows:
That the
Senate concur in the House amendment and that S. F. No. 2576 be further amended
as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2005 Supplement,
section 144.551, subdivision 1, as amended by Laws 2006, chapter 172, section
1, is amended to read:
Subdivision
1. Restricted
construction or modification. (a)
The following construction or modification may not be commenced:
(1) any
erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that
increases the bed capacity of a hospital, relocates hospital beds from one
physical facility, complex, or site to another, or otherwise results in an
increase or redistribution of hospital beds within the state; and
(2) the
establishment of a new hospital.
(b) This
section does not apply to:
(1)
construction or relocation within a county by a hospital, clinic, or other
health care facility that is a national referral center engaged in substantial
programs of patient care, medical research, and medical education meeting state
and national needs that receives more than 40 percent of its patients from
outside the state of Minnesota;
(2) a
project for construction or modification for which a health care facility held
an approved certificate of need on May 1, 1984, regardless of the date of
expiration of the certificate;
(3) a project
for which a certificate of need was denied before July 1, 1990, if a timely
appeal results in an order reversing the denial;
(4) a
project exempted from certificate of need requirements by Laws 1981, chapter
200, section 2;
(5) a
project involving consolidation of pediatric specialty hospital services within
the Minneapolis-St. Paul metropolitan area that would not result in a net
increase in the number of pediatric specialty hospital beds among the hospitals
being consolidated;
(6)
a project involving the temporary relocation of pediatric-orthopedic hospital
beds to an existing licensed hospital that will allow for the reconstruction of
a new philanthropic, pediatric-orthopedic hospital on an existing site and that
will not result in a net increase in the number of hospital beds. Upon completion of the reconstruction, the
licenses of both hospitals must be reinstated at the capacity that existed on
each site before the relocation;
(7) the
relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution
does not result in: (i) an increase in the overall bed capacity at that site;
(ii) relocation of hospital beds from one physical site or complex to another;
or (iii) redistribution of hospital beds within the state or a region of the
state;
(8)
relocation or redistribution of hospital beds within a hospital corporate
system that involves the transfer of beds from a closed facility site or
complex to an existing site or complex provided that: (i) no more than 50
percent of the capacity of the closed facility is transferred; (ii) the
capacity of the site or complex to which the beds are transferred does not
increase by more than 50 percent; (iii) the beds are not transferred outside of
a federal health systems agency boundary in place on July 1, 1983; and (iv) the
relocation or redistribution does not involve the construction of a new
hospital building;
(9) a
construction project involving up to 35 new beds in a psychiatric hospital in
Rice County that primarily serves adolescents and that receives more than 70
percent of its patients from outside the state of Minnesota;
(10) a
project to replace a hospital or hospitals with a combined licensed capacity of
130 beds or less if: (i) the new hospital site is located within five miles of
the current site; and (ii) the total licensed capacity of the replacement
hospital, either at the time of construction of the initial building or as the
result of future expansion, will not exceed 70 licensed hospital beds, or the
combined licensed capacity of the hospitals, whichever is less;
(11) the
relocation of licensed hospital beds from an existing state facility operated
by the commissioner of human services to a new or existing facility, building,
or complex operated by the commissioner of human services; from one regional
treatment center site to another; or from one building or site to a new or
existing building or site on the same campus;
(12) the
construction or relocation of hospital beds operated by a hospital having a
statutory obligation to provide hospital and medical services for the indigent
that does not result in a net increase in the number of hospital beds,
notwithstanding section 144.552, 27 beds, of which 12 serve mental health
needs, may be transferred from Hennepin County Medical Center to Regions
Hospital under this clause;
(13) a
construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;
(14) a construction
project involving the addition of up to eight new beds in an existing
nonfederal hospital in Otter Tail County with 100 licensed acute care beds;
(15) a
construction project involving the addition of 20 new hospital beds used for
rehabilitation services in an existing hospital in Carver County serving the
southwest suburban metropolitan area.
Beds constructed under this clause shall not be eligible for
reimbursement under medical assistance, general assistance medical care, or
MinnesotaCare;
(16) a
project for the construction or relocation of up to 20 hospital beds for the
operation of up to two psychiatric facilities or units for children provided
that the operation of the facilities or units have received the approval of the
commissioner of human services;
(17)
a project involving the addition of 14 new hospital beds to be used for
rehabilitation services in an existing hospital in Itasca County;
(18) a
project to add 20 licensed beds in existing space at a hospital in Hennepin
County that closed 20 rehabilitation beds in 2002, provided that the beds are
used only for rehabilitation in the hospital's current rehabilitation
building. If the beds are used for
another purpose or moved to another location, the hospital's licensed capacity
is reduced by 20 beds;
(19) a
critical access hospital established under section 144.1483, clause (9), and
section 1820 of the federal Social Security Act, United States Code, title 42,
section 1395i-4, that delicensed beds since enactment of the Balanced Budget
Act of 1997, Public Law 105-33, to the extent that the critical access hospital
does not seek to exceed the maximum number of beds permitted such hospital
under federal law; or
(20)
notwithstanding section 144.552, a project for the construction of a new
hospital in the city of Maple Grove with a licensed capacity of up to 300 beds
provided that:
(i) the
project, including each hospital or health system that will own or control the
entity that will hold the new hospital license, is approved by a resolution of
the Maple Grove City Council as of March 1, 2006;
(ii) the
entity that will hold the new hospital license will be owned or controlled by
one or more not-for-profit hospitals or health systems that have previously
submitted a plan or plans for a project in Maple Grove as required under
section 144.552, and the plan or plans have been found to be in the public
interest by the commissioner of health as of April 1, 2005;
(iii) the
new hospital's initial inpatient services must include, but are not limited to,
medical and surgical services, obstetrical and gynecological services,
intensive care services, orthopedic services, pediatric services, noninvasive
cardiac diagnostics, behavioral health services, and emergency room services;
(iv) the
new hospital:
(A) will
have the ability to provide and staff sufficient new beds to meet the growing
needs of the Maple Grove service area and the surrounding communities currently
being served by the hospital or health system that will own or control the
entity that will hold the new hospital license;
(B) will
provide uncompensated care;
(C) will
provide mental health services, including inpatient beds;
(D) will be
a site for workforce development for a broad spectrum of health-care-related
occupations and have a commitment to providing clinical training programs for
physicians and other health care providers;
(E) will
demonstrate a commitment to quality care and patient safety;
(F) will
have an electronic medical records system, including physician order entry;
(G) will
provide a broad range of senior services;
(H) will
provide emergency medical services that will coordinate care with regional
providers of trauma services and licensed emergency ambulance services in order
to enhance the continuity of care for emergency medical patients; and
(I)
will be completed by December 31, 2009, unless delayed by circumstances beyond
the control of the entity holding the new hospital license; and
(v) as of
30 days following submission of a written plan, the commissioner of health has
not determined that the hospitals or health systems that will own or control
the entity that will hold the new hospital license are unable to meet the
criteria of this clause.;
(21) a
project approved under section 144.553;
(22) a
project for the construction of a hospital with up to 25 beds in Cass County
within a 20-mile radius of the state Ah-Gwah-Ching facility, provided the
hospital's license holder is approved by the Cass County Board; or
(23) a
project for an acute care hospital in Fergus Falls that will increase the bed
capacity from 108 to 110 beds by increasing the rehabilitation bed capacity
from 14 to 16 and closing a separately licensed 13-bed skilled nursing
facility.
EFFECTIVE DATE. This section is effective the day following
final enactment.
Sec.
2. Minnesota Statutes 2004, section
144.552, is amended to read:
144.552 PUBLIC INTEREST REVIEW.
(a) The
following entities must submit a plan to the commissioner:
(1) a hospital
seeking to increase its number of licensed beds; or
(2) an
organization seeking to obtain a hospital license must submit a plan to the
commissioner of health and notified by the commissioner under section
144.553, subdivision 1, paragraph (c), that it is subject to this section.
The plan
must include information that includes an explanation of how the expansion will
meet the public's interest. When
submitting a plan to the commissioner, an applicant shall pay the commissioner
for the commissioner's cost of reviewing the plan, as determined by the commissioner
and notwithstanding section 16A.1283.
Money received by the commissioner under this section is appropriated to
the commissioner for the purpose of administering this section.
(b) Plans
submitted under this section shall include detailed information necessary for
the commissioner to review the plan and reach a finding. The commissioner may request additional
information from the hospital submitting a plan under this section and from
others affected by the plan that the commissioner deems necessary to review the
plan and make a finding.
(c) The
commissioner shall review the plan and, within 90 days, but no more than six
months if extenuating circumstances apply, issue a finding on whether the plan
is in the public interest. In making the
recommendation, the commissioner shall consider issues including but not
limited to:
(1) whether
the new hospital or hospital beds are needed to provide timely access to care
or access to new or improved services;
(2) the
financial impact of the new hospital or hospital beds on existing acute-care
hospitals that have emergency departments in the region;
(3)
how the new hospital or hospital beds will affect the ability of existing
hospitals in the region to maintain existing staff;
(4) the
extent to which the new hospital or hospital beds will provide services to
nonpaying or low-income patients relative to the level of services provided to
these groups by existing hospitals in the region; and
(5) the
views of affected parties.
Prior to
making a recommendation, the commissioner shall conduct a public hearing in the
affected hospital service area to take testimony from interested persons.
(d) Upon
making a recommendation under paragraph (c), the commissioner shall provide a
copy of the recommendation to the chairs of the house and senate committees
having jurisdiction over health and human services policy and finance.
Sec.
3. [144.553]
ALTERNATIVE APPROVAL PROCESS FOR NEW HOSPITAL CONSTRUCTION.
Subdivision
1. Letter of intent; publication; acceptance of additional proposals. (a) An organization seeking to obtain a
hospital license must submit a letter of intent to the commissioner, specifying
the community in which the proposed hospital would be located and the number of
beds proposed for the new hospital. When
multiple letters of intent are received, the commissioner shall determine
whether they constitute requests for separate projects or are competing
proposals to serve the same or a similar service area.
(b) Upon
receipt of a letter under paragraph (a), the commissioner shall publish a
notice in the State Register that includes the information received from the
organization under paragraph (a). The
notice must state that another organization interested in seeking a hospital
license to serve the same or a similar service area must notify the
commissioner within 30 days.
(c) If no
responses are received from additional organizations under paragraph (b), the
commissioner shall notify the entity seeking a license that it is required to
submit a plan under section 144.552 and shall notify the chairs of the house of
representatives and senate committees having jurisdiction over health and human
services policy and finance that the project is subject to sections 144.551 and
144.552.
Subd. 2. Needs
assessment. (a) If one or
more responses are received by the commissioner under subdivision 1, paragraph
(b), the commissioner shall complete within 90 days a needs assessment to
determine if a new hospital is needed in the proposed service area.
(b) The
organizations that have filed or responded to a letter of intent under
subdivision 1 shall provide to the commissioner within 30 days of a request
from the commissioner a statement justifying the need for a new hospital in the
service area and sufficient information, as determined by the commissioner, to
allow the commissioner to determine the need for a new hospital. The information may include, but is not
limited to, a demographic analysis of the proposed service area, the number of
proposed beds, the types of hospital services to be provided, and distances and
travel times to existing hospitals currently providing services in the service
area.
(c) The
commissioner shall make a determination of need for the new hospital. If the commissioner determines that a new
hospital in the service area is not justified, the commissioner shall notify
the applicants in writing, stating the reasons for the decision.
Subd.
3.
(b) The
commissioner shall:
(1)
determine market-specific criteria that shall be used to evaluate all
proposals. The criteria must include
standards regarding:
(i) access
to care;
(ii)
quality of care;
(iii) cost
of care; and
(iv)
overall project feasibility;
(2)
establish additional criteria at the commissioner's discretion. In establishing the criteria, the
commissioner shall consider the need for:
(i) mental
health services in the service area, including both inpatient and outpatient
services for adults, adolescents, and children;
(ii) a
significant commitment to providing uncompensated care, including discounts for
uninsured patients and coordination with other providers of care to low-income
uninsured persons; and
(iii)
coordination with other hospitals so that specialized services are not
unnecessarily duplicated and are provided in sufficient volume to ensure the
maintenance of high-quality care; and
(3) define
a service area for the proposed hospital.
The service area shall consist of:
(i) in the
11-county metropolitan area, in St. Cloud, and in Duluth, the zip codes located
within a 20-mile radius of the proposed new hospital location; and
(ii) in the
remainder of the state, the zip codes within a 30-mile radius of the proposed
new hospital location.
(c) The
commissioner shall publish the criteria determined under paragraph (b) in the
State Register within 60 days of the determination under subdivision 2. Once published, the criteria shall not be
modified with respect to the particular project and applicants to which they
apply. The commissioner shall publish
with the criteria guidelines for a proposal and submission review process.
(d) For 60
days after the publication under paragraph (c), the commissioner shall accept
proposals to construct a hospital from organizations that have submitted a
letter of intent under subdivision 1, paragraph (a), or have notified the
commissioner under subdivision 1, paragraph (b). The proposal must include a plan for the new
hospital and evidence of compliance with the criteria specified under paragraph
(b). Once submitted, the proposal may
not be revised except:
(1) to
submit corrections of material facts; or
(2) in
response to a request from the commissioner to provide clarification or further
information.
(e)
The commissioner shall determine within 90 days of the deadline for
applications under paragraph (d), which applicant has demonstrated that it is
best able to provide services consistent with the published criteria. The commissioner shall make this
determination by order following a hearing according to this paragraph. The hearing shall not constitute or be
considered to be a contested case hearing under chapter 14 and shall be
conducted solely under the procedures specified in this paragraph. The hearing shall commence upon at least 30
days' notice to the applicants by the commissioner. The hearing may be conducted by the
commissioner or by a person designated by the commissioner. The designee may be an administrative law
judge. The purpose of the hearing shall
be to receive evidence to assist the commissioner in determining which
applicant has demonstrated that it best meets the published criteria.
The parties
to the hearing shall consist only of those applicants who have submitted a
completed application. Each applicant
shall have the right to be represented by counsel, to present evidence deemed
relevant by the commissioner, and to examine and cross-examine witnesses. Persons who are not parties to the proceeding
but who wish to present comments or submit information may do so in the manner
determined by the commissioner or the commissioner's designee. Any person who is not a party shall have no
right to examine or cross-examine witnesses.
The commissioner may participate as an active finder of fact in the
hearing and may ask questions to elicit information or clarify answers or
responses.
(f) Prior
to making a determination selecting an application, the commissioner shall hold
a public hearing in the proposed hospital service area to accept comments from
members of the public. The commissioner
shall take this information into consideration in making the determination. The commissioner may appoint an advisory
committee, including legislators and local elected officials who represent the
service area and outside experts to assist in the recommendation process. The commissioner shall issue an order
selecting an application following the closing of the record of the hearing as
determined by the hearing officer. The
commissioner's order shall include a statement of the reasons the selected
application best meets the published criteria.
(g) Within
30 days following the determination under paragraph (e), the commissioner shall
recommend the selected proposal to the legislature.
Subd. 4. Payment
of commissioner's expenses. Notwithstanding
section 16A.1283, applicants who are a party at any stage of the administrative
process established in this section shall pay the cost of that stage of the
process, as determined by the commissioner.
The cost of the needs assessment, criteria development, and hearing
shall be divided equally among the applicants.
Money received by the commissioner under this subdivision is
appropriated to the commissioner for the purpose of administering this section.
Sec.
4. Minnesota Statutes 2004, section
325F.665, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms in paragraphs (b) to (i) have the meanings
given them:.
(a) (b) "Consumer"
means the purchaser or lessee, other than for purposes of resale or sublease,
of a new motor vehicle used for personal, family, or household purposes at
least 40 percent of the time, and a person to whom the new motor vehicle
is transferred for the same purposes during the duration of an express warranty
applicable to the motor vehicle;.
The term also includes an ambulance service licensed under chapter 144E
that has purchased or leased a new motor vehicle of the type specified in
paragraph (f), and a person to whom the ambulance is transferred for the same
purpose during the duration of any applicable express warranty.
(b) (c) "Manufacturer"
means a person engaged in the business of manufacturing, assembling or
distributing motor vehicles, who will, under normal business conditions during
the year, manufacture, assemble or distribute to dealers at least ten new motor
vehicles;.
(c) (d) "Manufacturer's
express warranty" and "warranty" mean the written warranty of
the manufacturer of a new motor vehicle of its condition and fitness for use,
including any terms or conditions precedent to the enforcement of obligations
under that warranty;.
(d) (e) "Lease"
means a contract in the form of a lease or bailment for the use of personal
property by a natural person for a period of time exceeding four months, used
for personal, family, or household purposes at least 40 percent of the time,
whether or not the lessee has the option to purchase or otherwise become the
owner of the property at the expiration of the lease;.
(e) (f) "Motor
vehicle" means (1) a passenger automobile as defined in section 168.011,
subdivision 7, including pickup trucks and vans, and (2) the
self-propelled motor vehicle chassis or van portion of recreational equipment
as defined in section 168.011, subdivision 25, which is sold or leased to a
consumer in this state;, and (3) the self-propelled motor vehicle
chassis or van portion of an ambulance as defined in section 144E.001,
subdivision 2.
(f) (g) "Informal
dispute settlement mechanism" means an arbitration process or procedure by
which the manufacturer attempts to resolve disputes with consumers regarding
motor vehicle nonconformities and repairs that arise during the vehicle's
warranty period;.
(g) (h) "Motor
vehicle lessor" means a person who holds title to a motor vehicle leased
to a lessee under a written lease agreement or who holds the lessor's rights
under such agreement; and.
(h) (i) "Early
termination costs" means expenses and obligations incurred by a motor
vehicle lessor as a result of an early termination of a written lease agreement
and surrender of a motor vehicle to a manufacturer under subdivision 4,
including penalties for prepayment of finance arrangements.
Sec.
5. STUDY
OF MEDICAL FACILITY CONSTRUCTION.
The
commissioner of health shall study and report to the legislature by February
15, 2007, on the need for a new process for approving the construction of
medical facilities or the addition of services at existing medical facilities. The report shall consider the following
issues:
(1) what
type of investment in medical facilities should be subject to prior approval,
including the types of facilities that should be included, the types of
services that should be included, and the threshold level of investment that
would make a project subject to an approval process;
(2) what
entity should be responsible for approving investments in medical facilities;
(3) what
decision-making process should be used when multiple providers propose to
invest in similar facilities or services within the same geographic area;
(4) what
information would be required to effectively determine the need for new medical
facilities or services; and
(5) other
issues identified by the commissioner as relevant to health care delivery
capacity in Minnesota.
The report
shall include recommendations for legislative changes necessary to implement a
new process for approving the expansion or construction of medical facilities
or major changes in services provided at existing facilities.
Sec.
6. SUNSET.
Section 3 expires on January
1, 2009.
Sec. 7. EFFECTIVE
DATE; APPLICATION.
Section 4 is effective
August 1, 2006, and applies to new motor vehicle sales and leases made on or
after that date."
Delete the title and insert:
"A bill for an act
relating to health care providers; regulating the purchase and lease of new
ambulances; establishing a manufacturer's duty to repair, refund, or replace;
authorizing construction of certain hospitals; changing public interest review
requirements for entities seeking hospital license; providing an alternative
approval process for new hospital construction; requiring a study of medical
facility construction; amending Minnesota Statutes 2004, sections 144.552;
325F.665, subdivision 1; Minnesota Statutes 2005 Supplement, section 144.551,
subdivision 1, as amended; proposing coding for new law in Minnesota Statutes,
chapter 144."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Dan Sparks, Linda Berglin and Cal Larson.
House Conferees: Gregory M. Davids, Larry Howes and Frank Moe.
Davids moved that the report of the Conference Committee on
S. F. No. 2576 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F.
No. 2576, A bill for an act relating to commerce; regulating the purchase and
lease of new ambulances; establishing a manufacturer's duty to repair, refund,
or replace; amending Minnesota Statutes 2004, section 325F.665, subdivision 1.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 133 yeas and
0 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 2460.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2460
A bill for an act relating to higher
education; providing a process for state support of a football stadium at the
University of Minnesota; requiring a report; appropriating money; amending
Minnesota Statutes 2004, sections 297A.71, by adding a subdivision; 340A.404,
subdivision 4a; proposing coding for new law in Minnesota Statutes, chapter
473.
May 19, 2006
The
Honorable James P. Metzen
President of
the Senate
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
We, the undersigned conferees for S. F. No. 2460 report that
we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No.
2460 be further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. [137.50]
DEFINITIONS.
Subdivision
1. Applicability. The
definitions in this section apply to sections 137.51 to 137.60.
Subd.
2.
Subd. 3. Stadium. "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.
Subd. 4. Board. "Board" means the Board of
Regents of the University of Minnesota.
Subd. 5. Commission. "Commission" means the
Metropolitan Sports Facilities Commission.
Subd. 6. University
land. "University
land" means approximately 2,840 acres owned by the University of Minnesota
as of the effective date of this section 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 Twp. 114 North, Range 19 West,
Dakota County, Minnesota.
Subd. 7. Permitted
University uses. "Permitted
University uses" means University educational, research, outreach,
scientific, and agricultural uses including, undiminished, all of the uses
present as of the effective date of this section of the University land, all of
the uses of University real property that adjoins the University land present
as of the effective date of this act, 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.
Subd. 8. Other
permitted uses. "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.
Subd. 9. Prohibited
uses. "Prohibited
uses" means use of the University land for residential, commercial, or
industrial uses, except to the extent those uses are otherwise permitted by
this act, or are permitted as of the effective date of this section under
University leases, easements, or use agreements, or are utility uses within
defined corridors.
Sec.
2. [137.51]
LAND PROTECTION AND TRANSFER.
Subdivision
1. Land protection. The
obligation of the state of Minnesota to make the payments required under
section 137.54 is expressly conditioned upon the University's covenant in
perpetuity, subject to subdivision 3, limiting the use of the University land
by the University, its successors, and assigns to the permitted University uses
and the other permitted uses and forbidding the use of the University land by
the University, its successors, and assigns for any of the prohibited uses. A declaration imposing those restrictions and
granting to the Department of Natural Resources the right to enforce the same
which has been executed by the University and filed in the Office of the Dakota
County Recorder shall satisfy this condition.
In furtherance of the purposes of this subdivision, the University and
Department of Natural Resources shall promptly endeavor to enter into a joint
powers agreement pursuant to section 471.59, or a conservation easement held by
a qualified conservation organization or by a conservation easement holder as
described in applicable Minnesota law embodying those restrictions, which
agreement or easement shall provide for cooperative oversight of the use of the
University land. Nothing in this section
or in any declaration, agreement, or easement made or entered into pursuant to
this section shall impair the rights of third parties under leases, easements,
or use agreements in force as of the effective date of this section. Any lease or other transfer of the University
land made after the effective date of this section shall, unless otherwise agreed
to by the commissioner of natural resources, be for a term that expires not
later than the date the University land is conveyed as provided under
subdivision 2. Any agreement between the
board and the commissioner of natural resources must provide that the income
received by the University from leases of the University land to third parties
shall be dedicated to the operation and maintenance of the University land. Except as limited by this act or by any
declaration, agreement, or conservation easement made, entered into, or granted
as provided in this section, the rights of the University with respect to the
University land while it continues to own the land are not impaired.
Subd. 2. Land
transfer. Not later than the
date on which the state of Minnesota makes the last of the payments required
under section 137.54, the Regents of the University of Minnesota shall offer to
convey the University land to the Department of Natural Resources in its
"as is" condition by quit claim deed, without warranties, for the sum
of $1. The Department of Natural
Resources may request conveyance of any or all of the University land offered
to be conveyed and the regents shall convey the portion requested. The commissioner of natural resources may, at
its option, request that the University convey all or part of the University
land to another governmental unit of the state.
Except as provided in this subdivision, the instrument of conveyance by
the University may not limit the rights of the state with respect to the
land. Any conveyance shall be subject to
the perpetual right of the University to use the University land for the
permitted University uses. A conveyance
shall also be subject to the rights of third parties under leases, easements,
and use agreements in force on the effective date of this act. The instruments of transfer shall otherwise
limit the use of the University land to the other permitted uses and subject
those uses to restrictions as may be provided in any agreement between the
University and state or any conservation easement granted pursuant to
subdivision 1, and proscribe its use for the prohibited purposes. The University of Minnesota shall have the
right to enforce those limitations and restrictions. The University shall promptly endeavor and
use due diligence to require the federal government to fulfill its obligations
under applicable laws, including the Defense Environmental Restoration Program,
United States Code, title 10, section 2701, et seq., or the Comprehensive
Environmental Response Compensation and Liability Act, as amended, United
States Code, title 42, section 9601, et seq., with respect to environmental
contamination that occurred prior to the time the University took title to the
University land. The University shall
seal any abandoned wells on the land pursuant to state law.
Subd. 3. Termination
of use restrictions. Unless
otherwise agreed by the board and the commissioner of finance, in the event the
state of Minnesota fails to make the total payments required by section 137.54
by July 1, 2033, the restrictions in this section on the University's use of
the University land, any declaration, agreement, or conservation easement
containing those restrictions, and the University's obligation to offer the
University land to the state of Minnesota shall be null and void.
Sec.
3. [137.52]
RECREATIONAL PROGRAM ASSESSMENT.
(a) The
commissioner of natural resources, in cooperation with the Board of Regents of
the University, shall submit to the governor and the legislature by January 15,
2007, an assessment of the short-term and long-term programmatic plans for the
development of the land identified in section 137.50, subdivision 6. The assessment shall include, but is not
limited to, a timeline for providing the recreational opportunities, and the
needed restoration including native species of local ecotype, measurable
outcomes, and anticipated costs. The
assessment must also include an evaluation of the opportunities to foster
small-scale farm-to-market vegetable farming.
The commissioner of natural resources shall consult with interested
stakeholders, including the county of Dakota, to assist in the development of
the plan.
(b) 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.
(c) The
commissioner of natural resources, in consultation with the Pollution Control
Agency, shall report to the legislature by January 7, 2007, on what entities
are responsible for remediating pollution on the University land that occurred
prior to the effective date of this section.
(d)
The commissioner of natural resources, in cooperation with the board, shall
submit to the governor and the legislature by January 7, 2007, a report
regarding the implementation of section 137.51 and any recommendations for
changes in section 137.51 necessary to carry out the intent of that
section. The report must, among other
things, specifically address the issue of whether a process or mechanism is
necessary to resolve disputes between the University of Minnesota, the state,
and other parties regarding uses of the University land.
(e) The
commissioner of natural resources must communicate with interested parties,
including the local government units that contain any part of the University
land, regarding the intended activities of the department with respect to the
University land.
Sec.
4. [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.
Sec.
5. [137.54]
CONDITIONS FOR PAYMENT TO UNIVERSITY.
(a) Before
the commissioner may make the first payment to the board authorized in this
section the commissioner must certify that the board has received at least
$110,750,000 in pledges, gifts, sponsorships, and other nonstate general fund
revenue support for the construction of the stadium. On July 1 of each year after certification by
the commissioner, but no earlier than July 1, 2007, and for so long thereafter
as any bonds issued by the board for the construction of the stadium are
outstanding, the state must transfer to the board up to $10,250,000 to
reimburse the board for its stadium costs, provided that bonds issued to pay
the state's share of such costs shall not exceed $137,250,000. Up to $10,250,000 is appropriated annually
from the general fund for the purpose of this section. The appropriation of up to $10,250,000 per
year may be made for no more than 25 years.
The board must certify to the commissioner the amount of the annual
payments of principal and interest required to service each series of bonds
issued by the University for the construction of the stadium, and the actual
amount of the state's annual payment to the University shall equal the amount
required to service the bonds representing the state's share of such
costs. Except to the extent of the
annual appropriation described in this section, the state is not required to
pay any part of the cost of designing or constructing the stadium.
(b) The
board must certify to the commissioner that the per semester student fee
contribution to the stadium will be at a fixed level coterminous with bonds
issued by the board to meet the student share of the design construction of the
stadium and that the student fee will not be increased to meet construction
cost overruns.
(c) Before
the first payment is made under paragraph (a), the board must certify to the
commissioner that a provision for affordable access for university students to
the university sporting events held at the football stadium has been made.
Sec.
6. [137.55]
PUBLIC USE OF STADIUM.
The Board
of Regents 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.
Sec.
7. [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.
Sec.
8. [137.57]
NO FULL FAITH AND CREDIT.
Any bonds
or other obligations issued by the board under this act 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 this act.
Sec.
9. [137.58]
MITIGATION FUND.
The Board of
Regents 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.
Sec.
10. [137.59]
NEIGHBORHOOD IMPACT REPORT.
The Board
of Regents and the city of Minneapolis are requested to work with the
reconstituted stadium area advisory group described in the University of
Minnesota On-Campus Football Stadium-Final EIS, dated February 13, 2006, to
assess and prepare a report of the impact of the university on the surrounding
community and the relationship of the community to the university. The report shall include, but not be limited
to, an assessment of:
(1) the
direct and indirect impacts of the university on the surrounding community,
addressing issues of public safety, transportation, and housing quality,
availability, and affordability;
(2)
opportunities and strategies to improve coordination between the university,
surrounding residential and business areas, and the city of Minneapolis;
(3)
strategies for strengthening and revitalizing the neighborhoods and commercial
business areas and supporting economic development; and
(4)
identification of the best practices and strategies for building partnerships
among the stakeholders.
The report
shall include consensus recommendations from the University of Minnesota, the
city of Minneapolis, and the reconstituted stadium area advisory group for
short- and long-term solutions to ongoing issues and concerns and shall include
projected costs and benefits of the recommendations made. The report shall be submitted to the governor
and the legislature by January 15, 2007.
Sec.
11. [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.
Sec.
12. Minnesota Statutes 2004, section
297A.71, is amended by adding a subdivision to read:
Subd. 37. Construction
materials; University of Minnesota football stadium. Materials and supplies used or consumed
in, and equipment incorporated into, the construction of a football stadium
constructed for use by the University of Minnesota are exempt. This subdivision expires one year after
substantial completion of the football stadium.
Sec.
13. Minnesota Statutes 2004, section
298.28, is amended by adding a subdivision to read:
Subd. 9c. Temporary
distribution; city of Eveleth. 0.20
cent per taxable ton must be paid to the city of Eveleth for distribution in
2007 through 2011 only, to be used for the support of the Hockey Hall of Fame,
provided that it continues to operate in that city, and provided that the city
of Eveleth certifies to the St. Louis County auditor that it has received
donations for the support of the Hockey Hall of Fame from professional hockey
organizations or other donors in an amount at least equal to the amount of the
distribution under this subdivision. If
the Hockey Hall of Fame ceases to operate in the city of Eveleth prior to
receipt of the distribution in either year, and the governing body of the city
determines that it is unlikely to resume operation there within a six-month
period, the distribution under this subdivision shall be made to the Iron Range
Resources and Rehabilitation Board. If
the amount of the distribution authorized under this subdivision exceeds the
total amount of donations for the support of the Hockey Hall of Fame during the
12-month period ending 30 days before the date of the distribution, the amount
by which 0.20 cent per ton exceeds the donations shall be distributed to the
Iron Range Resources and Rehabilitation Board.
Sec.
14. Minnesota Statutes 2004, section
340A.404, subdivision 4a, is amended to read:
Subd.
4a. State-owned
recreation; entertainment facilities.
Notwithstanding any other law, local ordinance, or charter provision,
the commissioner may issue on-sale intoxicating liquor licenses:
(1) to the
state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales
at, the premises of any Giants Ridge Recreation Area building or recreational
improvement area owned by the state in the town of White, St. Louis County;
(2) to the
state agency administratively responsible for, or to an entity holding a
concession or facility management contract with such agency for beverage sales
at, the premises of any Ironworld Discovery Center building or facility owned
by the state at Chisholm; and
(3) to the
Board of Regents of the University of Minnesota for events at Northrop
Auditorium and in any intercollegiate football stadium constructed by the
University on its Minneapolis campus.
The
commissioner shall charge a fee for licenses issued under this subdivision in
an amount comparable to the fee for comparable licenses issued in surrounding
cities.
Sec.
15. [473.5955]
TERMINATION OF LEASE.
The lease
between the Board of Regents of the University of Minnesota and the commission
dated May 19, 1982, that requires the University of Minnesota football team to
play its home football games at the Hubert H.
Humphrey Metrodome until July 1, 2012, may be terminated by the board
and the commission effective on or after the date designated by the board as
the date of completion of the stadium on the University of Minnesota's east
bank campus in the city of Minneapolis.
Sec.
16. EFFECTIVE
DATE.
Sections 1
to 15 are effective the day following final enactment."
Delete
the title and insert:
"A bill for an act relating to
athletic facilities; providing a funding process for a football stadium at the
University of Minnesota; transferring land in Dakota County from the University
to the Department of Natural Resources; establishing a mitigation fund;
requiring reports; allocating a taconite tax to support the Hockey Hall of
Fame; appropriating money; amending Minnesota Statutes 2004, sections 297A.71,
by adding a subdivision; 298.28, by adding a subdivision; 340A.404, subdivision
4a; proposing coding for new law in Minnesota Statutes, chapters 137;
473."
We request the adoption of this report and
repassage of the bill.
Senate Conferees: Lawrence
J. Pogemiller, James P. Metzen, David J. Tomassoni and Geoff Michel.
House Conferees: Ron Abrams, Ron Erhardt, Doug Magnus, Lyndon R. Carlson
and Anthony Sertich.
Abrams moved that the report of the
Conference Committee on S. F. No. 2460 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker called Abrams to the Chair.
S. F. No. 2460, A bill for an act relating
to higher education; providing a process for state support of a football
stadium at the University of Minnesota; requiring a report; appropriating
money; amending Minnesota Statutes 2004, sections 297A.71, by adding a
subdivision; 340A.404, subdivision 4a; proposing coding for new law in
Minnesota Statutes, chapter 473.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 96 yeas and 37 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Blaine
Bradley
Brod
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howes
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Newman
Nornes
Ozment
Paulsen
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Bernardy
Buesgens
Clark
Dean
Eken
Ellison
Emmer
Erickson
Gazelka
Goodwin
Greiling
Hausman
Haws
Hilty
Hosch
Huntley
Jaros
Johnson, S.
Knoblach
Krinkie
Liebling
Loeffler
Mahoney
Mariani
Mullery
Murphy
Olson
Otremba
Paymar
Peppin
Sailer
Severson
Soderstrom
Vandeveer
Walker
Wilkin
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr.
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 3480, A bill for an act relating
to commerce; regulating license education; regulating certain insurers,
insurance forms and rates, coverages, purchases, filings, utilization reviews,
and claims; enacting an interstate insurance product regulation compact and
providing for its administration; regulating the Minnesota uniform health care
identification card; requiring certain reports; amending Minnesota Statutes
2004, sections 61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02,
subdivision 3; 62A.095, subdivision 1; 62A.17, subdivisions 1, 2; 62A.27;
62A.3093; 62C.14, subdivisions 9, 10; 62E.13, subdivision 3; 62E.14,
subdivision 5; 62J.60, subdivisions 2, 3; 62L.02, subdivision 24; 62M.01,
subdivision 2; 62M.09, subdivision 9; 62S.05, by adding a subdivision; 62S.08,
subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding
a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24,
subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding
a subdivision; 62S.26; 62S.265, subdivision 1; 62S.266, subdivision 2; 62S.29,
subdivision 1; 62S.30; 70A.07; 72C.10, subdivision 1; 79.01, by adding
subdivisions; 79.251, subdivision 1, by adding a subdivision; 79.252, by adding
subdivisions; 79A.23, subdivision 3; 79A.32; 123A.21, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 62A.316; 65B.49,
subdivision 5a; 72A.201, subdivision 6; 79A.04, subdivision 2; 256B.0571;
proposing coding for new law in Minnesota Statutes, chapters 43A; 61A; 62A;
62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section 256B.0571,
subdivisions 2, 5, 11; Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300;
2781.0400; 2781.0500; 2781.0600.
The Senate respectfully requests that a
Conference Committee be appointed thereon.
The Senate has appointed as such committee:
Senators Scheid, Hottinger and Reiter.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Patrice Dworak, First
Assistant Secretary of the Senate
Wilkin moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 3480. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 3480:
Wilkin, Gazelka and Huntley.
MESSAGES FROM THE SENATE,
Continued
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3076, A bill for an act relating
to business organizations; regulating business corporations; clarifying terms;
updating terminology to include new forms of business activity; including
references to limited liability companies and their governance attributes where
appropriate; regulating limited liability companies; clarifying terms; amending
Minnesota Statutes 2004, sections 302A.011, subdivisions 7, 8, 12, 21, 25, 28,
31, 41, 45, 46, 58, by adding subdivisions; 302A.111, subdivision 3, by adding
a subdivision; 302A.115, subdivisions 1, 5; 302A.135, by adding a subdivision;
302A.241, by adding a subdivision; 302A.401, subdivision 3; 302A.417,
subdivision 7; 302A.441, subdivision 1; 302A.447, subdivision 1; 302A.461,
subdivision 2; 302A.471, subdivisions 1, 3, 4; 302A.553, subdivision 1;
302A.601, subdivisions 1, 2; 302A.611, subdivision 1; 302A.613, subdivisions 1,
2; 302A.621, subdivisions 1, 2, 3, 5, 6, by adding a subdivision; 302A.626,
subdivision 1; 302A.661, subdivisions 1, 4; 322B.03, subdivisions 6, 12, 19a,
20, 23, 28, 36a, 45a; 322B.115, subdivision 3, by adding a subdivision;
322B.12, subdivision 1; 322B.15, by adding a subdivision; 322B.23; 322B.31,
subdivision 2; 322B.35, subdivision 1; 322B.63, subdivision 1; 322B.66, by
adding a subdivision; 322B.686, subdivision 2; 322B.70, subdivisions 1, 2;
322B.71, subdivision 1; 322B.72; 322B.74; 322B.75, subdivisions 2, 3; 322B.755,
subdivision 3; 322B.76; 322B.77, subdivisions 1, 4; 322B.80, subdivision 1;
Minnesota Statutes 2005 Supplement, sections 302A.011, subdivision 4; 322B.02;
proposing coding for new law in Minnesota Statutes, chapters 302A; 322B;
repealing Minnesota Statutes 2004, section 302A.011, subdivision 2.
Patrick E. Flahaven, Secretary
of the Senate
CONCURRENCE AND REPASSAGE
Emmer moved that the House concur in the
Senate amendments to H. F. No. 3076 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3076, A bill for an act relating
to business organizations; regulating business corporations; clarifying terms;
updating terminology to include new forms of business activity; including
references to limited liability companies and their governance attributes where
appropriate; regulating limited liability companies; clarifying terms; amending
Minnesota Statutes 2004, sections 302A.011, subdivisions 7, 8, 12, 21, 25, 28,
31, 41, 45, 46, 58, by adding subdivisions; 302A.111, subdivision 3, by adding
a subdivision; 302A.115, subdivisions 1, 5; 302A.135, by adding a subdivision;
302A.241, by adding a subdivision; 302A.401, subdivision 3; 302A.417,
subdivision 7; 302A.441,
subdivision 1; 302A.447, subdivision 1; 302A.461, subdivision 2; 302A.471,
subdivisions 1, 3, 4; 302A.553, subdivision 1; 302A.601, subdivisions 1, 2;
302A.611, subdivision 1; 302A.613, subdivisions 1, 2; 302A.621, subdivisions 1,
2, 3, 5, 6, by adding a subdivision; 302A.626, subdivision 1; 302A.661,
subdivisions 1, 4; 322B.03, subdivisions 6, 12, 19a, 20, 23, 28, 36a, 45a;
322B.115, subdivision 3, by adding a subdivision; 322B.12, subdivision 1;
322B.15, by adding a subdivision; 322B.23; 322B.31, subdivision 2; 322B.35,
subdivision 1; 322B.63, subdivision 1; 322B.66, by adding a subdivision;
322B.686, subdivision 2; 322B.70, subdivisions 1, 2; 322B.71, subdivision 1;
322B.72; 322B.74; 322B.75, subdivisions 2, 3; 322B.755, subdivision 3; 322B.76;
322B.77, subdivisions 1, 4; 322B.80, subdivision 1; Minnesota Statutes 2005
Supplement, sections 302A.011, subdivision 4; 322B.02; proposing coding for new
law in Minnesota Statutes, chapters 302A; 322B; repealing Minnesota Statutes
2004, section 302A.011, subdivision 2.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 3747, A bill for an act relating
to commerce; regulating motor fuel franchises; providing an exemption from
certain regulation; amending Minnesota Statutes 2004, section 80C.01,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 80C.
Patrick E. Flahaven, Secretary
of the Senate
CONCURRENCE
AND REPASSAGE
Simpson moved that the House concur in the
Senate amendments to H. F. No. 3747 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3747, A bill for an act relating
to commerce; modifying regulation of motor fuel franchises; modifying
provisions relating to petroleum fund compensation for transport vehicles;
amending Minnesota Statutes 2004, section 80C.01, subdivision 4; Minnesota
Statutes 2005 Supplement, section 115C.09, subdivision 3j; proposing coding for
new law in Minnesota Statutes, chapter 80C.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3718, A bill for an act relating
to transportation; requiring language that the state will purchase plug-in
hybrid electric vehicles when commercially available to be inserted in certain
bid documents; creating a task force.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 3451, A bill for an act relating to governmental
operations; regulating certain historic properties; providing standards for
dedication of land to the public in a proposed development; authorizing a
dedication fee on certain new housing units; authorizing the conveyance of
certain surplus state lands; requiring a study and report; removing a route
from the trunk highway system; amending Minnesota Statutes 2004, section
462.358, subdivision 2b; proposing coding for new law in Minnesota Statutes,
chapter 15; repealing Minnesota Statutes 2004, section 161.115, subdivisions
173, 225.
The Senate has appointed as such committee:
Senators Wergin, Higgins and Kubly.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary
of the Senate
Paulsen moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 3116
A bill for an act relating to game and
fish; restricting the use of four by four trucks on certain public lands;
modifying critical habitat private sector matching account provisions;
providing definitions; providing for and modifying disposition of certain
revenue; modifying provisions for designating game refuges; modifying
restrictions on motorized watercraft and recreational vehicles in wildlife
management areas; providing for inspection of equipment used to take wild
animals; modifying certain penalty and fee amounts; modifying certain game and
fish license provisions; authorizing the marking of canoe and boating routes;
modifying firearms possession provisions for persons under 16; providing for
collecting antler sheds; modifying firearms safety course requirements;
modifying certain provisions for taking and possessing game and fish; modifying
restrictions on using lights to locate animals; modifying provisions for
fishing contests; authorizing county bounties on coyotes; providing for a
moratorium on use of public waters for aquaculture; modifying regulation of
all-terrain vehicles; creating two classes of all-terrain vehicles; requiring
rulemaking; removing a spearing restriction; appropriating money; amending
Minnesota Statutes 2004, sections 84.803, subdivision 2; 84.92, subdivision 8,
by adding subdivisions; 84.928, by adding a subdivision; 84.943, subdivision 3;
85.32, subdivision 1; 97A.015, by adding subdivisions; 97A.055, subdivision 2;
97A.065, subdivision 2; 97A.075, subdivision 1; 97A.085, subdivision 4;
97A.101, subdivision 4; 97A.251, subdivision 1; 97A.321; 97A.465, by adding a
subdivision; 97A.475, subdivision 2; 97A.535, subdivision 1; 97B.015, by adding
a subdivision; 97B.021, subdivision 1, by adding a subdivision; 97B.081,
subdivision 1; 97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions
4, 6, 8, 9; 97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371,
subdivisions 3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256,
subdivision 1; 84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision
4; 97A.475, subdivision 3; 97A.551, subdivision 6; 197.65; proposing coding for
new law in Minnesota Statutes, chapters 84; 97B; 348; repealing Minnesota
Statutes 2004, section 97C.355, subdivision 6; Minnesota Rules, part 6264.0400,
subpart 8, item H.
May 20, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the undersigned conferees for H. F. No. 3116 report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
3116 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2004, section 84.92, subdivision 8, is amended to
read:
Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or
"vehicle" means a motorized flotation-tired vehicle of not less than
three low pressure tires, but not more than six tires, that is limited in
engine displacement of less than 800 cubic centimeters and total dry weight
less than 900 pounds includes a class 1 all-terrain vehicle and class 2
all-terrain vehicle.
Sec. 2. Minnesota
Statutes 2004, section 84.92, is amended by adding a subdivision to read:
Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle"
means an all-terrain vehicle that has a total dry weight of less than 900
pounds.
Sec. 3. Minnesota
Statutes 2004, section 84.92, is amended by adding a subdivision to read:
Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle"
means an all-terrain vehicle that has a total dry weight of 900 to 1,500
pounds.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 84.9256, subdivision 1, is amended to read:
Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road
rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle
along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3)
operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (e) (f).
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificate, a
person at least 12 years old, but less than 16 years old, must:
(1) successfully complete the safety education and training
program under section 84.925, subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and
reach the foot pegs while sitting upright on the seat of the all-terrain
vehicle.
(e) A person at least 11 years of age may take the safety
education and training program and may receive an all-terrain vehicle safety
certificate under paragraph (d), but the certificate is not valid until the
person reaches age 12.
(f) A person at least ten years of age but under 12 years
of age may operate an all-terrain vehicle with an engine capacity up to 90cc on
public lands or waters if accompanied by a parent or legal guardian.
(g) A person under 15 years of age shall not operate a class
2 all-terrain vehicle.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) A parent or guardian may operate an a class 1
all-terrain vehicle carrying one passenger who is under 16 years of age and who
wears a safety helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian"
means a legal guardian of a person under age 16, or a person 18 or older who
has been authorized by the parent or legal guardian to supervise the person
under age 16.
(c) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 16 or 17 years of age and
wears a safety helmet approved by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
(e) An operator of a class 2 all-terrain vehicle may carry
two passengers.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 84.926, subdivision 4, is amended to read:
Subd. 4. Off-road and all-terrain vehicles; limited
or managed forests; trails. Notwithstanding
section 84.777, but subject to the commissioner's authority under subdivision
5, on state forest lands classified as limited or managed, other than the
Richard J. Dorer Memorial Hardwood Forest, a person may use vehicles registered
under chapter 168 or section 84.798 or 84.922, including class 2 all-terrain
vehicles, on forest trails that are not designated for a specific use when:
(1)
hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a
valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 84.928, subdivision 1, is amended to read:
Subdivision 1. Operation on roads and rights-of-way;
class 1 vehicles. (a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate an
a class 1 all-terrain vehicle in
this state along or on the roadway, shoulder, or inside bank or slope of a
public road right-of-way of a trunk, county state-aid, or county highway other
than in the ditch or the outside bank or slope of a trunk, county state-aid, or
county highway unless prohibited under paragraph (b).
(b) A road authority as defined under section 160.02, subdivision
25, may after a public hearing restrict the use of class 1 all-terrain
vehicles in the ditch or outside bank or slope of a public road right-of-way
under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and
(i) do not apply to the operation of an a class 1 all-terrain
vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope
of a trunk, interstate, county state-aid, or county highway when the class 1
all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or
privately owned utility or pipeline company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for
a period of time if the commissioner determines that use of the right-of-way
causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to
individuals on adjacent public property.
(e) The commissioner must notify the road authority as soon
as it is known that a closure will be ordered.
The notice must state the reasons and duration of the closure.
(f) A person may operate an a class 1
all-terrain vehicle registered for private use and used for agricultural
purposes or a class 2 all-terrain vehicle on a public road right-of-way
of a trunk, county state-aid, or county highway in this state if the class 1
or class 2 all-terrain vehicle is operated on the extreme right-hand side
of the road, and left turns may be made from any part of the road if it is safe
to do so under the prevailing conditions.
(g)
A person shall not operate an a class 1 all-terrain vehicle
within the public road right-of-way of a trunk, county state-aid, or county
highway from April 1 to August 1 in the agricultural zone unless the vehicle is
being used exclusively as transportation to and from work on agricultural
lands. This paragraph does not apply to an
agent or employee of a road authority, as defined in section 160.02,
subdivision 25, or the Department of Natural Resources when performing or
exercising official duties or powers.
(h) A person shall not operate an a class 1
all-terrain vehicle within the public road right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour after sunset to
one-half hour before sunrise, except on the right-hand side of the right-of-way
and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.
(i) A person shall not operate an a class 1
all-terrain vehicle at any time within the right-of-way of an interstate
highway or freeway within this state.
Sec. 8. Minnesota
Statutes 2004, section 84.928, is amended by adding a subdivision to read:
Subd. 8. Operation; class 2 vehicles. Except as provided in section 84.926,
subdivision 4, operation of class 2 all-terrain vehicles on public lands is
limited to forest roads, minimum maintenance roads, and trails designated or
signed for class 2 all-terrain vehicles.
Sec. 9. Minnesota
Statutes 2004, section 84.943, subdivision 3, is amended to read:
Subd. 3. Appropriations must be matched by private
funds. Appropriations transferred to
the critical habitat private sector matching account and money credited to the
account under section 168.1296, subdivision 5, may be expended only to the
extent that they are matched equally with contributions to the account
from private sources or by funds contributed to the nongame wildlife management
account. The private contributions may
be made in cash or in contributions of, property, land or
interests in land that are designated by the commissioner of natural
resources as program acquisitions.
Appropriations transferred to the account that are not matched within
three years from the date of the appropriation shall cancel to the source of
the appropriation. For the purposes of
this section, the private contributions of property, land, or
interests in land that are retained by the commissioner shall be valued in
accordance with their appraised value.
Sec. 10. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 3a. Bonus permit. "Bonus permit" means a license
to take and tag deer by archery or firearms, in addition to deer authorized to
be taken under regular firearms or archery licenses.
Sec. 11. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 14a.
Deer. "Deer" means white-tailed or
mule deer.
Sec. 12. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 26b.
Intensive deer area. "Intensive deer area" means an
area of the state where taking a deer of either sex is allowed and where
multiple bonus permits are authorized.
Sec. 13. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 27b.
Lottery deer area. "Lottery deer area" means an
area of the state where taking antlerless deer is allowed only by either-sex
permit and where no bonus permits are authorized.
Sec.
14. Minnesota Statutes 2004, section
97A.015, is amended by adding a subdivision to read:
Subd. 27c.
Managed deer area. "Managed deer area" means an
area of the state where taking a deer of either sex is allowed and where one
bonus permit is authorized.
Sec. 15. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 32a.
Muzzle-loader season. "Muzzle-loader season" means the
firearms deer season option open only for legal muzzle-loading firearms, as
prescribed by the commissioner.
Sec. 16. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 41a.
Regular firearms season. "Regular firearms season" means
any of the firearms deer season options prescribed by the commissioner that
begin in November, exclusive of the muzzle-loader season.
Sec. 17. Minnesota
Statutes 2004, section 97A.055, subdivision 2, is amended to read:
Subd. 2. Receipts. The commissioner of finance shall credit to
the game and fish fund all money received under the game and fish laws and
all income from state lands acquired by purchase or gift for game or fish
purposes, including receipts from:
(1) licenses and permits issued;
(2) fines and forfeited bail;
(3) sales of contraband, wild animals, and other property
under the control of the division;
(4) fees from advanced education courses for hunters and
trappers;
(5) reimbursements of expenditures by the division;
(6) contributions to the division; and
(7) revenue credited to the game and fish fund under section
297A.94, paragraph (e), clause (1).
Sec. 18. Minnesota
Statutes 2004, section 97A.065, subdivision 2, is amended to read:
Subd. 2. Fines and forfeited bail. (a) Fines and forfeited bail collected from
prosecutions of violations of: the game
and fish laws or rules adopted thereunder; sections 84.091 to 84.15 or rules
adopted thereunder; sections 84.81 to 84.91 or rules adopted thereunder;
section 169A.20, when the violation involved an off-road recreational vehicle
as defined in section 169A.03, subdivision 16; chapter 348; and any other law
relating to wild animals or aquatic vegetation, must be paid to the treasurer
of the county where the violation is prosecuted. The county treasurer shall submit one-half of
the receipts to the commissioner and credit the balance to the county general
revenue fund except as provided in paragraphs (b), and (c),
and (d). In a county in a judicial
district under section 480.181, subdivision 1, paragraph (b), the share that
would otherwise go to the county under this paragraph must be submitted to the
commissioner of finance for deposit in the state treasury and credited to the
general fund.
(b) The commissioner may reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for violations of
the game and fish laws under this section if the county board, by resolution,
directs: (1) the county treasurer to submit all game and fish fines and
forfeited bail to the commissioner; and (2) the county auditor to certify and
submit monthly itemized statements to the commissioner.
(c) (b) The
county treasurer shall submit one-half of the receipts collected under
paragraph (a) from prosecutions of violations of sections 84.81 to 84.91 or
rules adopted thereunder, and 169A.20, except receipts that are surcharges
imposed under section 357.021, subdivision 6, to the commissioner and credit
the balance to the county general fund.
The commissioner shall credit these receipts to the snowmobile trails
and enforcement account in the natural resources fund.
(d) (c) The county treasurer shall indicate
the amount of the receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the commissioner of
finance.
Sec. 19. Minnesota
Statutes 2004, section 97A.075, subdivision 1, is amended to read:
Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475,
subdivisions 2, clauses (4), (5), (9), (11), (13), and (14), and 3, clauses
(2), (3), and (7), and licenses issued under section 97B.301, subdivision 4.
(b) At least $2 from each annual deer license and $2
annually from the lifetime fish and wildlife trust fund, established in section
97A.4742, for each license issued under section 97A.473, subdivision 4, shall
be credited to the deer management account and shall be used for deer
habitat improvement or deer management programs.
(c) At least $1 from each annual deer license and each
bear license and $1 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under section 97A.473,
subdivision 4, shall be credited to the deer and bear management account and
shall be used for deer and bear management programs, including a
computerized licensing system.
(d) Fifty cents from each deer license is credited to
the emergency deer feeding and wild cervidae health management account and is appropriated
for emergency deer feeding and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. When the unencumbered balance in the
appropriation for emergency deer feeding and wild cervidae health management at
the end of a fiscal year exceeds $2,500,000 for the first time, $750,000 is
canceled to the unappropriated balance of the game and fish fund. The commissioner must inform the legislative
chairs of the natural resources finance committees every two years on how the
money for emergency deer feeding and wild cervidae health management has been
spent.
Thereafter, when the unencumbered balance in the appropriation
for emergency deer feeding and wild cervidae health management exceeds $2,500,000
at the end of a fiscal year, the unencumbered balance in excess of $2,500,000
is canceled and available for deer and bear management programs and
computerized licensing.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 20. Minnesota Statutes
2004, section 97A.085, subdivision 4, is amended to read:
Subd. 4. Establishment by petition of county
residents. The commissioner may
designate as a game refuge public waters or a contiguous area described in a
petition, signed by 50 or more residents of the county where the public waters
or area is located. The game refuge must
be a contiguous area of at least 640 acres unless it borders or includes a
marsh, or other body of water or watercourse suitable for wildlife
habitat. The game refuge may be
designated only if the commissioner finds that protected wild animals are
depleted and are in danger of extermination, or that it will best serve the
public interest. If any of the land
area in the proposed game refuge is privately owned and the commissioner
receives a petition opposing designation of the refuge signed by the owners,
lessees, or persons in possession of at least 75 percent of the private land
area within the proposed game refuge, the commissioner shall not designate the
private lands as a game refuge.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
21. Minnesota Statutes 2004, section
97A.101, subdivision 4, is amended to read:
Subd. 4. Restrictions on airboats, watercraft, and
recreational vehicles. (a) The use
of airboats is prohibited at all times on lakes designated for wildlife
management purposes under this section unless otherwise authorized by the
commissioner.
(b) The commissioner may restrict the use of motorized
watercraft and recreational vehicles on lakes designated for wildlife
management purposes by posting all public access points on the designated
lake. To minimize disturbance to
wildlife or to protect wildlife habitat, the commissioner may restrict the type
of allowable motorized watercraft or recreational vehicle, horsepower or thrust
of motor, speed of operation, and season or area of use. Designation of areas, times, and types of
restrictions to be posted shall be by written order published in the State
Register. Posting of the restrictions is
not subject to the rulemaking provisions of chapter 14 and section 14.386 does
not apply.
(c) Before the commissioner establishes perpetual
restrictions under paragraph (b), public comment must be received and a public
meeting must be held in the county where the largest portion of the lake is
located. Notice of the meeting must be
published in a news release issued by the commissioner and in a newspaper of
general circulation in the area where the waters are located. The notice must be published at least once
between 30 and 60 days before the public meeting and at least once between
seven and 30 days before the meeting.
The notices required in this paragraph must summarize the proposed action,
invite public comment, and specify a deadline for the receipt of public
comments. The commissioner shall mail a
copy of each required notice to persons who have registered their names with
the commissioner for this purpose. The
commissioner shall consider any public comments received in making a final
decision. This paragraph does not apply
to temporary restrictions that expire within 90 days of the effective date of
the restrictions.
Sec. 22. Minnesota
Statutes 2004, section 97A.221, subdivision 3, is amended to read:
Subd. 3. Procedure for confiscation of property
seized. The enforcement officer must
hold the seized property. The property
held may be confiscated when:
(1) the person from whom the property was seized is convicted,
the conviction is not under appeal, and the time period for appeal of the
conviction has expired; or
(2) the property seized is contraband consisting of a wild
animal, wild rice, or other aquatic vegetation.
Sec. 23. Minnesota
Statutes 2004, section 97A.221, subdivision 4, is amended to read:
Subd. 4. Disposal of confiscated property. Confiscated property may be disposed of or
retained for use by the commissioner, or sold at the highest price obtainable
as prescribed by the commissioner. Upon
acquittal or dismissal of the charged violation for which the property was
seized, :
(1) all property, other than contraband consisting of a
wild animal, wild rice, or other aquatic vegetation, must be returned to the
person from whom the property was seized; and
(2) the commissioner shall reimburse the person for any
seized or confiscated property that is sold, lost, or damaged.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
24. Minnesota Statutes 2004, section
97A.225, subdivision 2, is amended to read:
Subd. 2. Procedure for confiscation of property
seized. The enforcement officer must
hold the seized property, subject to the order of the court having jurisdiction
where the offense was committed. The
property held is confiscated when:
(1) the commissioner complies with this section and;
(2) the person from whom it was seized is convicted of the
offense; and
(3) the conviction is not under appeal and the time period
for appeal of the conviction has expired.
Sec. 25. Minnesota
Statutes 2004, section 97A.225, subdivision 5, is amended to read:
Subd. 5. Court order. (a) If the person arrested is acquitted, the
court shall dismiss the complaint against the property and:
(1) order it returned to the person legally entitled to it;
and
(2) order the commissioner to reimburse the person for any
seized or confiscated property that is sold, lost, or damaged.
(b) Upon conviction of the person, the court shall issue an
order directed to any person that may have any right, title, or interest in, or
lien upon, the seized property. The
order must describe the property and state that it was seized and that a
complaint against it has been filed. The
order shall require a person claiming right, title, or interest in, or lien
upon, the property to file with the court administrator an answer to the
complaint, stating the claim, within ten days after the service of the
order. The order shall contain a notice
that if the person fails to file an answer within the time limit, the property
may be ordered sold by the commissioner.
(c) The court order must be served upon any person known or
believed to have any right, title, interest, or lien in the same manner as
provided for service of a summons in a civil action, and upon unknown persons
by publication, in the same manner as provided for publication of a summons in
a civil action.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota
Statutes 2004, section 97A.251, subdivision 1, is amended to read:
Subdivision 1. Unlawful conduct. A person may not:
(1) intentionally hinder, resist, or obstruct an enforcement
officer, agent, or employee of the division in the performance of official
duties;
(2) refuse to submit to inspection of firearms equipment
used to take wild animals while in the field, licenses, or wild animals; or
(3) refuse to allow inspection of a motor vehicle, boat, or
other conveyance used while taking or transporting wild animals.
Sec.
27. Minnesota Statutes 2004, section
97A.321, is amended to read:
97A.321 DOGS PURSUING OR
KILLING BIG GAME.
The owner of a dog that pursues but does not kill a big game
animal is subject to a civil penalty of $100 for each violation. The owner of a dog that kills or
pursues a big game animal is guilty of a petty misdemeanor and is
subject to a civil penalty of up to $500 for each violation.
Sec. 28. Minnesota
Statutes 2005 Supplement, section 97A.405, subdivision 4, is amended to read:
Subd. 4. Replacement licenses. (a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a replacement
license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the
original and the replacement license.
When a person submits both an archery and a firearms license for
replacement, the commissioner may apply the value of both licenses towards the
replacement license fee.
(b) A replacement license may be issued only if the applicant
has not used any tag from the original license and meets the conditions of
paragraph (c). The original license and
all unused tags for that license must be submitted to the issuing agent at the
time the replacement license is issued.
(c) A replacement license may be issued under the following
conditions, or as otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not
yet opened; or
(2) when the person is upgrading from a regular firearms or
archery deer license to a multizone or all season deer license that
is valid in multiple zones.
(d) Notwithstanding section 97A.411, subdivision 3, a
replacement license is valid immediately upon issuance if the license being
surrendered is valid at that time.
Sec. 29. Minnesota
Statutes 2004, section 97A.465, is amended by adding a subdivision to read:
Subd. 6. Special hunts for military personnel. The commissioner may by rule establish
criteria, special seasons, and limits for military personnel and veterans to
take big game and small game by firearms or archery in designated areas or
times. A person hunting under this
subdivision must be participating in a hunt sponsored and administered by the
Minnesota Department of Military Affairs or the Minnesota Department of Veterans
Affairs.
Sec. 30. Minnesota
Statutes 2004, section 97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the following licenses, to be issued
to residents only, are:
(1) for persons age 18 or over and under age 65 to take small
game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take
small game;
(3) to take turkey, $18;
(4) for persons age 18 or over to take deer with firearms,
$26;
(5) for persons age 18 or over to take deer by archery, $26;
(6)
to take moose, for a party of not more than six persons, $310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons,
$250;
(9) multizone license to take antlered deer in more
than one zone, $52;
(10) to take Canada geese during a special season, $4;
(11) all season license to take two deer throughout
the state in any open deer season, except as restricted under section 97B.305,
$78;
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 18 to take
deer with firearms during the regular firearms season in any open zone or
time period, $13; and
(14) for persons at least age 12 and under age 18 to take
deer by archery, $13.
Sec. 31. Minnesota
Statutes 2005 Supplement, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. Fees for the following licenses, to be issued
to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $135;
(3) to take deer by archery, the greater of:
(i) an amount equal to the total amount of license fees and
surcharges charged to a Minnesota resident to take deer by archery in the
person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5) to take turkey, $73;
(6) to take raccoon, bobcat, fox, or coyote, $155;
(7) multizone license to take antlered deer in more
than one zone, $270; and
(8) to take Canada geese during a special season, $4.
Sec. 32. Minnesota
Statutes 2004, section 97A.475, subdivision 20, is amended to read:
Subd. 20. Trapping license. The fee for a license to trap fur-bearing
animals is:
(1) for residents over age 13 and under age 18, $6;
(2)
for residents age 18 and older or over and under age 65, $20; and
(3) for residents age 65 or over, $10; and
(4) for nonresidents, $73.
EFFECTIVE
DATE. This section is
effective March 1, 2007.
Sec. 33. Minnesota
Statutes 2004, section 97A.535, subdivision 1, is amended to read:
Subdivision 1. Tags required. (a) A person may not possess or
transport deer, bear, elk, or moose taken in the state unless a tag is attached
to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of
tag that has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner.
(b) The tag and the license must be validated at the site of
the kill as prescribed by the commissioner.
(c) Except as otherwise provided in this section, the tag
must be attached to the deer, bear, elk, or moose at the site of the kill
before the animal is removed from the site of the kill, and.
(d) The tag must remain attached to the animal
until the animal is processed for storage.
(e) A person may move a lawfully taken deer, bear, elk, or
moose from the site of the kill without attaching the validated tag to the
animal only while in the act of manually or mechanically dragging, carrying, or
carting the animal across the ground and while possessing the validated tag on
their person. A motor vehicle may be
used to drag the animal across the ground.
At all other times, the validated tag must be attached to the deer,
bear, elk, or moose:
(1) as otherwise provided in this section; and
(2) prior to the animal being placed onto and transported on
a motor vehicle, being hung from a tree or other structure or device, or being
brought into a camp or yard or other place of habitation.
Sec. 34. Minnesota
Statutes 2005 Supplement, section 97A.551, subdivision 6, is amended to read:
Subd. 6. Tagging and registration. The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the
fish with a special fish management tag and may require registration of tagged
fish. A person may not possess or transport
a fish species taken in the state for which a special fish management tag is
required unless a tag is attached to the fish in a manner prescribed by the
commissioner. The commissioner shall
prescribe the manner of issuance and the type of tag as authorized under
section 97C.087. The tag must be
attached to the fish as prescribed by the commissioner immediately upon
reducing the fish to possession and must remain attached to the fish until the
fish is processed or consumed. Species
for which a special fish management tag is required must be transported
undressed, except as otherwise prescribed by the commissioner.
Sec. 35. Minnesota
Statutes 2004, section 97B.021, is amended by adding a subdivision to read:
Subd. 1a. Parent or guardian duties. A parent or guardian may not knowingly direct,
allow, or permit a person under the age of 16 to possess a firearm in violation
of this section.
Sec.
36. Minnesota Statutes 2004, section
97B.081, subdivision 1, is amended to read:
Subdivision 1. With firearms and bows. (a) A person may not cast the rays of a
spotlight, headlight, or other artificial light on a highway, or in a field,
woodland, or forest, to spot, locate, or take a wild animal, except while
taking raccoons in accordance with section 97B.621, subdivision 3, or tending
traps in accordance with section 97B.931, while having in possession, either
individually or as one of a group of persons, a firearm, bow, or other
implement that could be used to kill big game.
(b) This subdivision does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that
fully encloses the firearm by being zipped, snapped, buckled, tied, or
otherwise fastened without any portion of the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This subdivision does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not
have a trunk, the firearm or bow must be placed in the rearmost location of the
vehicle.
(e) This subdivision does not apply to persons taking
raccoons under section 97B.621, subdivision 3.
(f) This subdivision does not apply to a person hunting fox
or coyote from January 1 to March 15 while using a hand-held artificial light,
provided that the person:
(1) is on foot;
(2) is using a shotgun;
(3) is not within a public road right-of-way;
(4) is using a hand-held or electronic calling device; and
(5) is not within 200 feet of a motor vehicle.
Sec. 37. [97B.22] COLLECTING ANTLER SHEDS.
(a) A person may take and possess naturally shed antlers
without a license.
(b) A person may not place, arrange, or set equipment in a
manner that is likely to artificially pull, sever, or otherwise cause antlers
of live deer, moose, elk, or caribou to be shed or removed.
Sec.
38. Minnesota Statutes 2004, section
97B.301, subdivision 7, is amended to read:
Subd. 7. All season deer license. (a) A resident may obtain an all season deer
license. This license that
authorizes the resident to take one buck by firearm or archery hunt
during any season statewide. In
addition, a resident obtaining this license may take one antlerless deer:
the archery, regular firearms, and muzzle-loader seasons. The all season license is valid for taking
three deer, no more than one of which may be a legal buck.
(1) by firearms in the regular firearms season if the
resident first obtains an antlerless deer permit or if the resident takes the
antlerless deer in an area where the commissioner has authorized taking a deer
of either sex without an antlerless permit;
(2) by archery in the archery season; or
(3) by muzzleloader in the muzzleloader season.
(b) The all season deer license is valid for taking
antlerless deer as follows:
(1) up to two antlerless deer may be taken during the archery
or muzzle-loader seasons in any open area or during the regular firearms season
in managed or intensive deer areas; and
(2) one antlerless deer may be taken during the regular
firearms season in a lottery deer area, only with an either-sex permit or
statutory exemption from an either-sex permit.
(c) The commissioner shall issue one tag for a buck and
one tag for an antlerless deer three tags when issuing a license
under this subdivision.
Sec. 39. Minnesota Statutes
2004, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND
RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and
designate areas where deer may be taken, including hunter selection criteria
for special hunts established under section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the
open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms,
between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas at any time of year.
(c) Smokeless gunpowder may not be used in a muzzle-loader
during the muzzle-loader season.
Sec. 40. [97B.318] ARMS USE AREAS AND
RESTRICTIONS; REGULAR FIREARMS SEASON.
Subdivision 1.
Shotgun use area. During the regular firearms season in the
shotgun use area, only legal shotguns loaded with single-slug shotgun shells,
legal muzzle-loading long guns, and legal handguns may be used for taking
deer. Legal shotguns include those with
rifled barrels. The shotgun use area is
that portion of the state lying within the following described boundary: Beginning on the west boundary of the state
at U.S. Highway 10; thence
along U.S. Highway 10 to State Trunk Highway (STH) 32; thence along STH 32 to
STH 34; thence along STH 34 to Interstate Highway 94 (I-94); thence along I-94
to County State Aid Highway (CSAH) 40, Douglas County; thence along CSAH 40 to
CSAH 82, Douglas County; thence along CSAH 82 to CSAH 22, Douglas County;
thence along CSAH 22 to CSAH 6, Douglas County; thence along CSAH 6 to CSAH 14,
Douglas County; thence along CSAH 14 to STH 29; thence along STH 29 to CSAH 46,
Otter Tail County; thence along CSAH 46, Otter Tail County, to CSAH 22, Todd
County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71
to STH 27; thence along STH 27 to the Mississippi River; thence along the east
bank of the Mississippi River to STH 23; thence along STH 23 to STH 95; thence
along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the
state; thence along the east, south, and west boundaries of the state to the
point of beginning.
Subd. 2. All legal firearms use area. The all legal firearms use area is that
part of the state lying outside of the shotgun use area.
Sec. 41. [97B.327] REPORT; DEER OTHER THAN WHITE-TAILED
OR MULE.
A hunter legally taking a deer that is not a white-tailed or
mule deer must report the type of deer taken to the commissioner of natural
resources within seven days of taking.
Violation of this section shall not result in a penalty and is not
subject to section 97A.301.
Sec. 42. Minnesota
Statutes 2004, section 97C.025, is amended to read:
97C.025 FISHING AND
MOTORBOATS RESTRICTED IN CERTAIN AREAS.
(a) The commissioner may prohibit or restrict the taking of
fish or the operation of motorboats by posting waters that:
(1) are designated as spawning beds or fish preserves;
(2) are being used by the commissioner for fisheries research
or management activities; or
(3) are licensed by the commissioner as a private fish
hatchery or aquatic farm under section 17.4984, subdivision 1, or 97C.211,
subdivision 1.
An area may
be posted under this paragraph if necessary to prevent excessive depletion of
fish or interference with fisheries research or management activities or
private fish hatchery or aquatic farm operations.
(b) The commissioner will consider the following criteria in
determining if waters licensed under a private fish hatchery or aquatic farm
should be posted under paragraph (a):
(1) the waters contain game fish brood stock that are vital
to the private fish hatchery or aquatic farm operation;
(2) game fish are present in the licensed waters only as a
result of aquaculture activities by the licensee; and
(3) no public access to the waters existed when the waters
were first licensed.
(c) A private fish hatchery or aquatic farm licensee may not
take fish or authorize others to take fish in licensed waters that are posted
under paragraph (a), except as provided in section 17.4983, subdivision 3, and
except that if waters are posted to allow the taking of fish under special
restrictions, licensees and others who can legally access the waters may take
fish under those special restrictions.
(d)
Before March 1, 2003, riparian landowners adjacent to licensed waters on April
30, 2002, and riparian landowners who own land adjacent to waters licensed
after April 30, 2002, on the date the waters become licensed waters, plus their
children and grandchildren, may take two daily limits of fish per month under
an angling license subject to the other limits and conditions in the game and
fish laws.
(e) Except as provided in paragraphs (c), (d), and (f), a
person may not take fish or operate a motorboat if prohibited by posting under
paragraph (a).
(f) An owner of riparian land adjacent to an area posted
under paragraph (a) may operate a motorboat through the area by the shortest
direct route at a speed of not more than five miles per hour.
(g) Postings for water bodies designated under paragraph (a),
clause (1), or being used for fisheries research or management under paragraph
(a), clause (2), are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
Sec. 43. Minnesota
Statutes 2004, section 97C.081, subdivision 4, is amended to read:
Subd. 4. Restrictions. The commissioner may by rule establish
restrictions on fishing contests to protect fish and fish habitat, to
restrict activities during high use periods, to restrict activities that affect
research or management work, to restrict the number of boats, and for the
safety of contest participants.
Sec. 44. Minnesota
Statutes 2004, section 97C.081, subdivision 6, is amended to read:
Subd. 6. Permit application process. (a) Beginning September August
1 each year, the commissioner shall accept permit applications for fishing
contests to be held in the following year.
(b) If the number of permit applications received by the
commissioner from September August 1 through the last Friday
in October September exceeds the limits specified in subdivisions
7 and 8, the commissioner shall notify the affected applicants that their
requested locations and time period are subject to a drawing. After notification, the commissioner shall
allow the affected applicants a minimum of seven days to change the location or
time period requested on their applications, provided that the change is not to
a location or time period for which applications are already at or above the
limits specified in subdivisions 7 and 8.
(c) After the applicants have been given at least seven days
to change their applications, the commissioner shall conduct a drawing for all
locations and time periods for which applications exceed limits. First preference in the drawings shall be
given to applicants for established or traditional fishing contests, and second
preference to applicants for contests that are not established as traditional
fishing contests based on the number of times they have been unsuccessful in
previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful
in a drawing loses all accumulated preference. "Established or
traditional fishing contest" means a fishing contest that was issued
permits in 1999 and 2000 or was issued permits four out of five years from 1996
to 2000 for the same lake and time period.
Beginning with 2001, established or traditional fishing contests must
continue to be conducted at least four out of five years for the same lake and
time period to remain established or traditional.
(d) The commissioner has until December November
7 to approve or deny permit applications that are submitted by 4:30 p.m.
on the last Friday in October September. The commissioner may approve a permit
application that is received after 4:30 p.m. on the last Friday in October
September if approving the application would not result in exceeding the
limits in subdivisions 7 and 8.
Sec.
45. Minnesota Statutes 2004, section
97C.081, subdivision 8, is amended to read:
Subd. 8. Limits on number of fishing contests. (a) The number of permitted fishing
contests allowed each month on a water body shall not exceed the following
limits:
(1) Lakes:
Size/acres |
Maximum number of permitted fishing contests |
Maximum number of large permitted fishing contests |
Maximum number of permitted fishing contest days |
less than
2,000 |
2 |
0 |
4 |
2,000-4,999 |
3 |
1 |
6 |
5,000-14,999 |
4 |
2 |
8 |
15,000-55,000 |
5 |
3 |
10 |
more than
55,000 |
no limit |
no limit |
no limit |
(b) For boundary waters water lakes, the
limits on the number of permitted fishing contests shall be determined based on
the Minnesota acreage.
(2) Rivers:
|
Maximum number of permitted fishing contests |
Maximum number of large permitted fishing contests |
Maximum number of permitted fishing contest days |
Mississippi
River: Pool 1, 2, 3, 5, 5A, 6, 7, 8, 9 |
4 (each pool) |
2 (each pool) |
8 (each pool) |
Pool 4 |
5 |
3 |
10 |
St. Croix
River |
2 |
1 |
4 |
Lake St.
Croix |
4 |
2 |
8 |
Contest waters identified in the permit for Mississippi River
pools are limited to no more than one lockage upstream and one lockage
downstream from the pool where the contest access and weigh-in is located.
Contest waters for Lake St. Croix are bounded by the U.S.
Highway 10 bridge at Prescott upstream to the Arcola Bar. Contest waters for the St. Croix River are
bounded by the Arcola Bar upstream to the Wisconsin state line.
For all other rivers, no more than two contest permits, not
to exceed four days combined, may be issued for any continuous segment of a
river per month. Of the two contests
permitted, only one shall be a large permitted fishing contest. Permits issued by the commissioner shall not
exceed 60 continuous river miles.
Sec. 46. Minnesota
Statutes 2004, section 97C.081, subdivision 9, is amended to read:
Subd. 9. Permit restrictions. (a) The commissioner may require fishing
contest permittees to limit prefishing to week days only as a condition of a
fishing contest permit. The commissioner
may require proof from permittees that prefishing restrictions on the permit
are communicated to fishing contest participants and enforced.
(b) The commissioner may require permit restrictions on the
hours that a permitted fishing contest is conducted, including, but not limited
to, starting and ending times.
(c)
The commissioner may require permit restrictions on the number of parking spaces
that may be used on a state-owned public water access site. The commissioner may require proof from
permittees that parking restrictions on the permit are communicated to fishing
contest participants and enforced.
(d) To prevent undue loss mortality of released
fish, the commissioner may require restrictions for off-site weigh-ins and
live releases on a fishing contest permit or may deny permits requesting an
off-site weigh-in or live release.
(e) A person may not transfer a fishing contest permit to
another person.
(f) Failure to comply with fishing contest permit
restrictions may be considered grounds for denial of future permit
applications.
Sec. 47. Minnesota
Statutes 2004, section 97C.205, is amended to read:
97C.205 RULES FOR
TRANSPORTING AND STOCKING FISH.
(a) Except on the water body where taken, a person may not
transport a live fish in a quantity of water sufficient to keep the fish alive,
unless the fish:
(1) is being transported under an aquaculture license as
authorized under sections 17.4985 and 17.4986;
(2) is being transported for a fishing contest weigh-in under
section 97C.081;
(3) is a minnow being transported under section 97C.505 or
97C.515;
(4) is being transported by a commercial fishing license
holder under section 97C.821; or
(5) is being transported as otherwise authorized in this
section.
(b) The commissioner may adopt rules to allow and regulate:
(1) the transportation of fish and fish eggs from one body
of water to another; and
(2) the stocking of waters with fish or fish eggs.
(b) (c) The commissioner shall prescribe
rules designed to encourage local sporting organizations to propagate game fish
by using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds by
seining public waters;
(2) allow the sporting organizations to own and use seines
and other necessary equipment; and
(3) prescribe methods for stocking the fish in public waters
that give priority to the needs of the community where the fish are reared and
the desires of the organization operating the rearing pond.
(c) (d) A person age 16 or under may, for
purposes of display in a home aquarium, transport largemouth bass, smallmouth
bass, yellow perch, rock bass, black crappie, white crappie, bluegill
pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, and
brown bullheads taken by angling. No
more than four of each species may be transported at any one time, and any
individual fish can be no longer than ten inches in total length.
Sec.
48. Minnesota Statutes 2004, section
97C.315, subdivision 2, is amended to read:
Subd. 2. Hooks.
An angler may not have more than one hook on a line, except:
(1) three artificial flies may be on a line used to take
largemouth bass, smallmouth bass, trout, crappies, sunfish, and rock bass; and
(2) a single artificial bait may contain more than one hook.;
and
(3) as otherwise prescribed by the commissioner.
Sec. 49. Minnesota
Statutes 2004, section 97C.355, subdivision 7, is amended to read:
Subd. 7. Dates and times houses may remain on ice. (a) Except as provided in paragraph (d), a shelter,
including a fish house or dark house, may not be on the ice between
12:00 a.m. and one hour before sunrise after the following dates:
(1) the last day of February, for state waters south of a
line starting at the Minnesota-North Dakota border and formed by rights-of-way
of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk Highway No.
34, then east along Trunk Highway No. 34 to Trunk Highway No. 200, then east
along Trunk Highway No. 200 to U.S. Route No. 2, then east along U.S. Route No.
2 to the Minnesota-Wisconsin border; and
(2) March 15, for other state waters.
A shelter, including a fish house or dark house,
on the ice in violation of this subdivision is subject to the enforcement
provisions of paragraph (b). The
commissioner may, by rule, change the dates in this paragraph for any part of
state waters. Copies of the rule must be
conspicuously posted on the shores of the waters as prescribed by the commissioner.
(b) A conservation officer must confiscate a fish house or,
dark house, or shelter in violation of paragraph (a). The officer may remove, burn, or destroy the
house or shelter. The officer
shall seize the contents of the house or shelter and hold them for 60
days. If the seized articles have not
been claimed by the owner, they may be retained for the use of the division or
sold at the highest price obtainable in a manner prescribed by the
commissioner.
(c) When the last day of February, under paragraph (a),
clause (1), or March 15, under paragraph (a), clause (2), falls on a Saturday,
a shelter, including a fish house or dark house, may be on the
ice between 12:00 a.m. and one hour before sunrise until 12:00 a.m. the
following Monday.
(d) A person may have a shelter, including a fish
house or dark house, on the ice between 12:00 a.m. and one hour before
sunrise on waters within the area prescribed in paragraph (a), clause (2), but
the house or shelter may not be unattended during those hours.
Sec. 50. Minnesota
Statutes 2004, section 97C.371, subdivision 3, is amended to read:
Subd. 3. Restrictions while spearing from dark
house. A person may not take fish by
angling or the use of tip-ups while spearing fish in a dark house, except
that a person may take fish by angling if only one angling line is in use and
any fish caught by angling is immediately released to the water or placed on
the ice.
Sec.
51. Minnesota Statutes 2004, section
97C.371, subdivision 4, is amended to read:
Subd. 4. Open season. The open season for spearing through the ice
is December 1 to the third last Sunday in February.
Sec. 52. Minnesota
Statutes 2004, section 116.07, subdivision 2a, is amended to read:
Subd. 2a. Exemptions from standards. No standards adopted by any state agency for
limiting levels of noise in terms of sound pressure which may occur in the
outdoor atmosphere shall apply to (1) segments of trunk highways constructed
with federal interstate substitution money, provided that all reasonably available
noise mitigation measures are employed to abate noise, (2) an existing or newly
constructed segment of a highway, provided that all reasonably available noise
mitigation measures, as approved by the commissioners of the Department of
Transportation and Pollution Control Agency, are employed to abate noise, (3)
except for the cities of Minneapolis and St. Paul, an existing or newly
constructed segment of a road, street, or highway under the jurisdiction of a
road authority of a town, statutory or home rule charter city, or county,
except for roadways for which full control of access has been acquired, (4)
skeet, trap or shooting sports clubs, or (5) motor vehicle race events
conducted at a facility specifically designed for that purpose that was in operation
on or before July 1, 1983. 1996. Nothing herein shall prohibit a local unit of
government or a public corporation with the power to make rules for the
government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at
a facility specifically designed for that purpose that was in operation on or
before July 1, 1983 1996.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 53. [348.125] COYOTE CONFLICT MANAGEMENT
OPTION.
(a) A county board may, by resolution, offer a bounty for the
taking of coyotes (Canis latrans) by all legal methods. The resolution may be made applicable to the
whole or any part of the county. The
bounty must apply during the months specified in the resolution and be in an
amount determined by the board.
(b) The county offering the bounty must publish annually by
press release or public service announcement the townships or areas where the
number of coyotes should be reduced.
Counties may encourage willing landowners to post their land as open to
coyote hunting, without further permission of the landowner or lessee.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 54. REQUIRED RULEMAKING; ALL-TERRAIN VEHICLE
OR SNOWMOBILE USE ON PRIVATE LANDS DURING DEER SEASON.
(a) The commissioner of natural resources shall amend
Minnesota Rules, part 6232.0300, subpart 7, to permit an individual to operate
an all-terrain vehicle or snowmobile on privately owned land in an area open to
taking deer by firearms during the legal shooting hours of the deer season, if
the individual is:
(1) the owner of the land on which the all-terrain vehicle or
snowmobile is operated; or
(2) a person with the landowner's permission to operate the
all-terrain vehicle or snowmobile on the land.
(b) The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), in amending the
rule under paragraph (a). Minnesota
Statutes, section 14.386, does not apply, except to the extent provided under
Minnesota Statutes, section 14.388.
Sec.
55. SPRING
TURKEY SEASON.
The commissioner of natural resources must amend Minnesota
Rules so that the taking of turkey in the spring season ends at sunset each
day. The commissioner of natural
resources may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to amend rules to conform to this
section. Minnesota Statutes, section
14.386, does not apply to the rulemaking under this section except to the
extent provided under Minnesota Statutes, section 14.388.
Sec. 56. PHEASANT SEASON REPORT.
By February 1, 2007, the commissioner of natural resources
shall report to the house and senate committees having jurisdiction over
natural resources regarding the impact of allowing a limit of three pheasants
after the first 16 days of the pheasant season.
Sec. 57. CONFORMING CHANGES; RULES.
The commissioner of natural resources may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to amend rules to conform to section 51.
Minnesota Statutes, section 14.386, does not apply to the rulemaking
under this section except to the extent provided under Minnesota Statutes,
section 14.388.
Sec. 58. RULEMAKING; SPEARING RESTRICTION.
The commissioner of natural resources shall amend Minnesota
Rules, part 6264.0400, subpart 8, by deleting item H. The commissioner may use the good cause exemption
under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
the amendment. Minnesota Statutes,
section 14.386, does not apply, except as provided under Minnesota Statutes,
section 14.388.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 59. TRANSITION.
The commissioner of natural resources shall distinguish
between class 1 registration and class 2 registration for all-terrain vehicles
under Minnesota Statutes, section 84.922.
A class 2 all-terrain vehicle that is not registered as a class 2
all-terrain vehicle on December 12, 2006, shall be registered as a class 2
vehicle when the registration next expires or when the registrant requests a
duplicate registration.
Sec. 60. REPEALER.
Minnesota Statutes 2004, section 97C.355, subdivision 6, is
repealed.
Sec. 61. EFFECTIVE DATE.
Sections 1 to 3; 4, paragraph (f); and 5 to 8 are effective
December 12, 2006."
Delete the title and insert:
"A bill for an act relating to natural resources;
creating two classes of all-terrain vehicles; modifying critical habitat
private sector matching account provisions; providing definitions; providing
for and modifying disposition of certain revenue; modifying provisions for
designating game refuges; modifying restrictions on motorized watercraft and
recreational vehicles in wildlife management areas; modifying procedure for
confiscation of property; providing for
inspection of equipment used to take wild animals; modifying certain penalty
and fee amounts; modifying certain game and fish license provisions; modifying
firearms possession provisions for persons under 16; providing for collecting
antler sheds; modifying certain provisions for taking and possessing game and
fish; modifying restrictions on using lights to locate animals; modifying
provisions for fishing contests; providing certain exemptions from noise
standards; authorizing county bounties on coyotes; providing for a moratorium
on use of public waters for aquaculture; modifying regulation of all-terrain
vehicles and snowmobiles; requiring rulemaking; requiring a report; removing a
spearing restriction; amending Minnesota Statutes 2004, sections 84.92,
subdivision 8, by adding subdivisions; 84.928, by adding a subdivision; 84.943,
subdivision 3; 97A.015, by adding subdivisions; 97A.055, subdivision 2;
97A.065, subdivision 2; 97A.075, subdivision 1; 97A.085, subdivision 4;
97A.101, subdivision 4; 97A.221, subdivisions 3, 4; 97A.225, subdivisions 2, 5;
97A.251, subdivision 1; 97A.321; 97A.465, by adding a subdivision; 97A.475,
subdivisions 2, 20; 97A.535, subdivision 1; 97B.021, by adding a subdivision;
97B.081, subdivision 1; 97B.301, subdivision 7; 97B.311; 97C.025; 97C.081,
subdivisions 4, 6, 8, 9; 97C.205; 97C.315, subdivision 2; 97C.355, subdivision
7; 97C.371, subdivisions 3, 4; 116.07, subdivision 2a; Minnesota Statutes 2005
Supplement, sections 84.9256, subdivision 1; 84.9257; 84.926, subdivision 4;
84.928, subdivision 1; 97A.405, subdivision 4; 97A.475, subdivision 3; 97A.551,
subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
97B; 348; repealing Minnesota Statutes 2004, section 97C.355, subdivision
6."
We request the adoption of this report and repassage of the
bill.
House Conferees:
Denny McNamara, Tom Hackbarth and
David Dill.
Senate Conferees:
Tom Saxhaug, Gary Kubly and
Michael J. Jungbauer.
McNamara moved that the report of the
Conference Committee on H. F. No. 3116 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3116, A bill for an act relating to game and fish;
restricting the use of four by four trucks on certain public lands; modifying
critical habitat private sector matching account provisions; providing
definitions; providing for and modifying disposition of certain revenue;
modifying provisions for designating game refuges; modifying restrictions on
motorized watercraft and recreational vehicles in wildlife management areas;
providing for inspection of equipment used to take wild animals; modifying certain
penalty and fee amounts; modifying certain game and fish license provisions;
authorizing the marking of canoe and boating routes; modifying firearms
possession provisions for persons under 16; providing for collecting antler
sheds; modifying firearms safety course requirements; modifying certain
provisions for taking and possessing game and fish; modifying restrictions on
using lights to locate animals; modifying provisions for fishing contests;
authorizing county bounties on coyotes; providing for a moratorium on use of
public waters for aquaculture; modifying regulation of all-terrain vehicles;
creating two classes of all-terrain vehicles; requiring rulemaking; removing a
spearing restriction; appropriating money; amending Minnesota Statutes 2004,
sections 84.803, subdivision 2; 84.92, subdivision 8, by adding subdivisions;
84.928, by adding a subdivision; 84.943, subdivision 3; 85.32, subdivision 1;
97A.015, by adding subdivisions; 97A.055, subdivision 2; 97A.065, subdivision
2; 97A.075, subdivision 1; 97A.085, subdivision 4; 97A.101, subdivision 4;
97A.251, subdivision 1; 97A.321; 97A.465, by adding a subdivision; 97A.475,
subdivision 2; 97A.535, subdivision 1; 97B.015, by adding a subdivision;
97B.021, subdivision 1, by adding a subdivision; 97B.081, subdivision 1;
97B.301, subdivision 7; 97B.311; 97C.025; 97C.081, subdivisions 4, 6, 8, 9;
97C.205; 97C.315, subdivision 2; 97C.355, subdivision 7; 97C.371, subdivisions
3, 4; Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1;
84.9257; 84.926, subdivision 4; 84.928, subdivision 1; 97A.405, subdivision 4;
97A.475, subdivision 3; 97A.551, subdivision 6; 197.65; proposing coding for
new law in Minnesota Statutes, chapters 84; 97B; 348; repealing Minnesota
Statutes 2004, section 97C.355, subdivision 6; Minnesota Rules, part 6264.0400,
subpart 8, item H.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 85 yeas and 48 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorman
Eastlund
Eken
Emmer
Entenza
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Sailer
Samuelson
Seifert
Severson
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Abrams
Bernardy
Carlson
Clark
Cox
Davnie
Dittrich
Dorn
Ellison
Erhardt
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lenczewski
Lesch
Liebling
Loeffler
Mahoney
Mariani
Moe
Mullery
Murphy
Nelson, M.
Paymar
Pelowski
Rukavina
Ruud
Scalze
Sertich
Sieben
Simon
Thao
Thissen
Wagenius
Walker
The bill was repassed, as amended by Conference, and its title
agreed to.
The Speaker called Paulsen to the Chair.
MESSAGES FROM THE SENATE, Continued
The following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2677, A bill for an act relating to local government;
authorizing towns to contract without competitive bidding in certain
circumstances; amending Minnesota Statutes 2004, section 471.345, by adding a
subdivision.
Patrice
Dworak, First
Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Erickson moved that the House concur in
the Senate amendments to H. F. No. 2677 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2677, A bill for an act relating
to local government; modifying financial assistance limit for bridge
construction work for certain towns; authorizing towns to contract without
competitive bidding in certain circumstances; amending Minnesota Statutes 2004,
sections 161.082, subdivision 2a; 471.345, by adding a subdivision.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was repassed, as amended by the
Senate, and its title agreed to.
The Speaker resumed the Chair.
The following Conference Committee Reports
were received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2480
A bill for an act relating to a ballpark
for major league baseball; providing for the financing, construction,
operation, and maintenance of the ballpark and related facilities; establishing
the Minnesota Ballpark Authority; providing powers and duties of the authority;
providing a community ownership option; authorizing Hennepin County
to issue bonds and to contribute to ballpark costs and to engage in ballpark
and related activities; authorizing local sales and use taxes and revenues;
exempting Minnesota State High School League events from sales taxes; requiring
the Minnesota State High School League to transfer tax savings to a foundation
to promote extracurricular activities; exempting building materials used for
certain local government projects from certain taxes; amending Minnesota
Statutes 2004, sections 297A.70, subdivision 11; 297A.71, by adding
subdivisions; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision
35; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03;
473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11;
473I.12; 473I.13.
May 20, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The Honorable James P. Metzen
President of the Senate
We, the
undersigned conferees for H. F. No. 2480 report that we have agreed upon the
items in dispute and recommend as follows:
That the
Senate recede from its amendments and that H. F. No. 2480 be further amended as
follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2005 Supplement,
section 10A.01, subdivision 35, is amended to read:
Subd.
35. Public
official. "Public
official" means any:
(1) member
of the legislature;
(2)
individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research
or House Research;
(3)
constitutional officer in the executive branch and the officer's chief
administrative deputy;
(4)
solicitor general or deputy, assistant, or special assistant attorney general;
(5)
commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief
information officer;
(6) member,
chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules
under chapter 14, or the power to adjudicate contested cases or appeals under
chapter 14;
(7)
individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter
14;
(8)
executive director of the State Board of Investment;
(9) deputy
of any official listed in clauses (7) and (8);
(10) judge
of the Workers' Compensation Court of Appeals;
(11)
administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;
(12) member,
regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member
or chief administrator of a metropolitan agency;
(14)
director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15) member
or executive director of the Higher Education Facilities Authority;
(16) member of
the board of directors or president of Minnesota Technology, Inc.; or
(17) member
of the board of directors or executive director of the Minnesota State High
School League; or
(18) member
of the Minnesota Ballpark Authority established in section 473.755.
Sec. 2. Minnesota Statutes 2004, section 297A.70,
subdivision 11, is amended to read:
Subd.
11. School
tickets or admissions. Tickets or
admissions to regular season school games, events, and activities, and to
games, events, and activities sponsored by the Minnesota State High School
League under chapter 128C, are exempt.
For purposes of this subdivision, "school" has the meaning
given it in section 120A.22, subdivision 4.
EFFECTIVE DATE. This section is effective for sales after
June 30, 2006, and before July 1, 2011.
Sec. 3. Minnesota Statutes 2004, section 297A.71, is
amended by adding a subdivision to read:
Subd. 37. Building
materials; exemption. Materials
and supplies used or consumed in, and equipment incorporated into, the construction
or improvement of the ballpark and public infrastructure constructed pursuant
to sections 473.75 to 473.763 are exempt.
This subdivision expires one year after the date that the first major
league baseball game is played in the ballpark for materials, supplies, and
equipment used in the ballpark, and five years after the issuance of the first
bonds under section 473.757 for materials, supplies, and equipment used in the
public infrastructure.
Sec. 4. Minnesota Statutes 2004, section 473.5995,
subdivision 2, is amended to read:
Subd.
2. Transfer;
sale of the Metrodome. Upon sale of
the Metrodome, the Metropolitan Sports Facilities Commission must transfer the
net sales proceeds as follows:
(1)
$5,000,000 to Hennepin County to offset expenditures for grants for capital
improvement reserves for a ballpark under section 473.757; and
(2) the
remainder to the football stadium account to be used to pay debt
service on bonds issued to pay for the construction of a football stadium for
the Minnesota Vikings.
Sec. 5. [473.75]
PURPOSE.
The purpose
of sections 473.75 to 473.763 is to provide for the construction, financing,
and long-term use of a ballpark primarily as a venue for Major League
Baseball. It is found and declared that
the expenditure of public money for this purpose is necessary and serves a
public purpose, and that property acquired by the county for the construction
of the ballpark and related public infrastructure is acquired for a public use
or public purpose under chapter
117. It is further found and declared
that any provision in a lease or use agreement with a major league team, that
requires the team to play its home games in a publicly funded ballpark for the
duration of the lease or use agreement, serves a unique public purpose for
which the remedies of specific performance and injunctive relief are essential
to its enforcement. It is further found
and declared that government assistance to facilitate the presence of Major
League Baseball provides to the state of Minnesota and its citizens highly
valued intangible benefits that are virtually impossible to quantify and,
therefore, not recoverable even if the government receives monetary damages in
the event of a team's breach of contract.
Minnesota courts are, therefore, charged with protecting those benefits
through the use of specific performance and injunctive relief as provided
herein and in the lease and use agreements.
Sec.
6. [473.751]
DEFINITIONS.
Subdivision
1. Terms. As used in
sections 473.75 to 473.763, the terms defined in this section have the meanings
given them in this section, except as otherwise expressly provided or indicated
by the context.
Subd. 2. Authority. "Authority" means the
Minnesota Ballpark Authority established under section 473.755.
Subd. 3. Ballpark. "Ballpark" means the stadium
suitable for major league baseball to be constructed and financed under this
act.
Subd. 4. Ballpark
costs. "Ballpark
costs" means the cost of designing, constructing, and equipping a ballpark
suitable for Major League Baseball.
Ballpark costs excludes the cost of land acquisition, site improvements,
utilities, site demolition, environmental remediation, railroad crash wall,
site furnishings, landscaping, railroad right-of-way development, district
energy, site graphics and artwork and other site improvements identified by the
authority, public infrastructure, capital improvement reserves, bond reserves,
capitalized interest, and financing costs.
Subd. 5. County. "County" means Hennepin
County.
Subd. 6. Development
area. "Development
area" means the area in the city of Minneapolis bounded by marked
Interstate Highway 394, vacated Holden Street, the Burlington Northern
right-of-way, Seventh Street North, Sixth Avenue North, Fifth Street North, the
Burlington Northern right-of-way, and the Interstate Highway 94 exit ramp.
Subd 7. Public
infrastructure. "Public
infrastructure" means all property, facilities, and improvements
determined by the authority or the county to facilitate the development and use
of the ballpark, including but not limited to property and improvements for
drainage, environmental remediation, parking, roadways, walkways, skyways,
pedestrian bridges, bicycle paths, and transit improvements to facilitate
public access to the ballpark, lighting, landscaping, utilities, streets, and
streetscapes.
Subd. 8. Streetscape. "Streetscape" means
improvements to streets and sidewalks or other public right-of-way for the
purpose of enhancing the movement, safety, convenience, or enjoyment of ballpark
patrons and other pedestrians, including decorative lighting and surfaces,
plantings, display and exhibit space, adornments, seating, and transit and bus
shelters, which are designated as streetscape by the county.
Subd. 9. Team. "Team" means the owner and
operator of the baseball team currently known as the Minnesota Twins or any
team owned and operated by someone who purchases or otherwise takes ownership
or control of or reconstitutes the baseball team currently known as the
Minnesota Twins.
Sec.
7. [473.752]
LOCATION.
The
ballpark must be located in the city of Minneapolis at a site within the
development area.
Sec.
8. [473.753]
PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
Any real or
personal property acquired, owned, leased, controlled, used, or occupied by the
authority or county for any of the purposes of this act is declared to be
acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and is exempt from ad valorem taxation by
the state or any political subdivision of the state; provided that the
properties are subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not exceeding the
special benefit received by the properties from the improvement. No possible use of any of the properties in
any manner different from their use under this act at the time may be
considered in determining the special benefit received by the properties. Notwithstanding section 272.01, subdivision
2, or 273.19, real or personal property subject to a lease or use agreement
between the authority or county and another person for uses related to the
purposes of this act, including the operation of the ballpark and related
parking facilities, is exempt from taxation regardless of the length of the
lease or use agreement. This section,
insofar as it provides an exemption or special treatment, does not apply to any
real property that is leased for residential, business, or commercial
development or other purposes different from those contemplated in this act.
Sec.
9. [473.754]
EMPLOYEES AND VENDORS.
(a) The
Minnesota Ballpark Authority shall make good faith efforts to have entry-level
middle management and upper management staffed by minority and female
employees. The authority shall also make
best efforts to employ women and members of minority communities. The authority shall make good faith efforts
to utilize minority and female-owned businesses in Hennepin County. Best efforts shall be made to use vendors of
goods and services provided by minority and female-owned businesses from
Hennepin County.
(b) The
authority shall contract with an employment assistance firm, preferably
minority owned, to create an employment program to recruit, hire, and retain
minorities for the stadium facility. The
authority shall hold a job fair and recruit and advertise at Minneapolis Urban
League, Sabathani, American Indian OIC, Youthbuild organizations, and other
such organizations.
(c) The
authority shall report the efforts made in paragraphs (a) and (b) to the
attorney general.
Sec.
10. [473.755]
MINNESOTA BALLPARK AUTHORITY.
Subdivision
1. Establishment. To
achieve the purposes of this act, the Minnesota Ballpark Authority is
established as a public body, corporate and politic, and political subdivision
of the state. The authority is not a
joint powers entity or an agency or instrumentality of the county.
Subd. 2. Composition. (a) The Minnesota Ballpark Authority shall
be governed by a commission consisting of:
(1) two
members appointed by the governor;
(2) two
members, including the chair, appointed by the county board; and
(3) one
member appointed by the governing body of the city of Minneapolis.
(b) All
members serve at the pleasure of the appointing authority.
(c)
Compensation of members appointed under paragraph (a) is governed by Minnesota
Statutes, section 15.0575.
(d)
One member appointed under paragraph (a), clause (1), must be a resident of a
county other than Hennepin. All other
members appointed under paragraph (a) must be residents of Hennepin County.
(e) No
member of the Minnesota Ballpark Authority may have served as an elected
official of the city of Minneapolis or Hennepin County for a period of two
years prior to appointment to the authority.
(f) The
legislature intends that the ballpark be constructed to be operational for the
team and the public no later than the opening of the 2010 season. Accordingly, the appointing authorities must
make their appointments to the authority within 30 days of enactment of this
act, and if the governing bodies of the city of Minneapolis or the county
should fail to do so, the governor may appoint an interim member to serve until
the authorized appointment is made. The
first meeting of the members shall take place at the direction of the chair
within 45 days of enactment of this act.
Further, the authority must proceed with due speed in all of its
official organizing activities and in making decisions with respect to the
development agreement and lease or use agreement authorized by this act or any
other agreements or matters as necessary to meet the timetables set forth in
this act. Any three members shall
constitute a quorum for the conduct of business and action may be taken upon
the vote of a majority of members present at a meeting duly called and held.
Subd. 3. Chair. The chair shall preside at all meetings of
the authority, if present, and shall perform all other assigned duties and
functions. The authority may appoint
from among its members a vice-chair to act for the chair during the temporary
absence or disability of the chair.
Subd. 4. Bylaws. The authority shall adopt bylaws to
establish rules of procedure, the powers and duties of its officers, and other
matters relating to the governance of the authority and the exercise of its
powers. Except as provided in this
section, the bylaws adopted under this subdivision shall be similar in form and
substance to bylaws adopted by the Metropolitan Sports Facilities Commission
pursuant to section 473.553.
Subd. 5. Executive
director. The authority shall
appoint an executive director to serve as the chief executive officer of the
authority, which appointment shall be made within 30 days of the first meeting
of the members.
Subd. 6. Web
site. The authority shall
establish a Web site for purposes of providing information to the public
concerning all actions taken by the authority.
At a minimum, the Web site must contain a current version of the
authority's bylaws, notices of upcoming meetings, minutes of the authority's
meetings, and contact telephone and facsimile numbers for public comments.
Sec.
11. [473.756]
POWERS OF AUTHORITY.
Subdivision
1. Actions. The
authority may sue and be sued. The
authority is a public body and the ballpark and public infrastructure are
public improvements within the meaning of chapter 562. The authority is a municipality within the
meaning of chapter 466.
Subd. 2. Acquisition
of property. The authority
may acquire from any public or private entity by lease, purchase, gift, or
devise all necessary right, title, and interest in and to real property, air
rights, and personal property deemed necessary to the purposes contemplated by
this act.
Subd. 3. Data
practices; open meetings. Except
as otherwise provided in this act, the authority is subject to chapters 13 and
13D.
Subd. 4. Facility
operation. The authority may
equip, improve, operate, manage, maintain, and control the ballpark and related
facilities constructed, remodeled, or acquired under this act as smoke-free
facilities, subject to the rights and obligations transferred to and assumed by
the team or other user under the terms of a lease or use agreement, but in no
case may a lease or use agreement permit smoking in the ballpark.
Subd.
5.
Subd. 6. Employees;
contracts for services. The
authority may employ persons and contract for services necessary to carry out
its functions, including the utilization of employees and consultants retained
by other governmental entities. The
authority shall enter into an agreement with the city of Minneapolis regarding
traffic control for the ballpark.
Subd. 7. Gifts
and grants. The authority may
accept monetary contributions, property, services, and grants or loans of money
or other property from the United States, the state, any subdivision of the
state, any agency of those entities, or any person for any of its purposes, and
may enter into any agreement required in connection with them. The authority shall hold, use, and dispose of
the money, property, or services according to the terms of the monetary
contributions, grant, loan, or agreement.
Subd. 8. Research. The authority may conduct research studies
and programs; collect and analyze data; prepare reports, maps, charts, and
tables; and conduct all necessary hearings and investigations in connection
with its functions.
Subd. 9. Use
agreements. The authority may
lease, license, or enter into use agreements and may fix, alter, charge, and
collect rentals, fees, and charges for the use, occupation, and availability of
part or all of any premises, property, or facilities under its ownership,
operation, or control for purposes that will provide athletic, educational,
cultural, commercial, or other entertainment, instruction, or activity for the
citizens of Minnesota and visitors. Any
such use agreement may provide that the other contracting party has exclusive
use of the premises at the times agreed upon, as well as the right to retain
some or all revenues from ticket sales, suite licenses, concessions,
advertising, naming rights, and other revenues derived from the ballpark. The lease or use agreement with a team shall
provide for the payment by the team of operating and maintenance costs and
expenses and provide other terms the authority and team agree to.
Subd. 10. Insurance. The authority may require any employee to
obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in the amounts it
considers necessary against liability of the authority or its officers and
employees for personal injury or death and property damage or destruction,
consistent with chapter 466, and against risks of damage to or destruction of
any of its facilities, equipment, or other property.
Subd. 11. Exemption
from council review; business subsidy act. The acquisition and betterment of a
ballpark by the authority must be conducted pursuant to this act and are not
subject to sections 473.165 and 473.173.
Section 116J.994, does not apply to any transactions of the county, the
authority, or other governmental entity related to the ballpark or public
infrastructure, or to any tenant or other users of them.
Subd. 12. Contracts. The authority may enter into a development
agreement with the team, the county, or any other entity relating to the
construction, financing, and use of the ballpark and related facilities and
public infrastructure. The authority may
contract for materials, supplies, and equipment in accordance with sections
471.345 and 473.754, except that the authority, with the consent of the county,
may employ or contract with persons, firms, or corporations to perform one or
more or all of the functions of architect, engineer, or construction manager
with respect to all or any part of the ballpark and public infrastructure. Alternatively, at the request of the team and
with the consent of the county, the authority shall authorize the team to
provide for the design and construction of the ballpark and related public
infrastructure, subject to terms of this act.
The construction manager may enter into contracts with contractors for
labor, materials, supplies, and equipment for the construction of the ballpark
and related public infrastructure through the process of public bidding, except
that the construction manager may, with the consent of the authority or the
team:
(1)
narrow the listing of eligible bidders to those which the construction manager
determines to possess sufficient expertise to perform the intended functions;
(2) award
contracts to the contractors that the construction manager determines provide
the best value, which are not required to be the lowest responsible bidder; and
(3) for
work the construction manager determines to be critical to the completion
schedule, award contracts on the basis of competitive proposals or perform work
with its own forces without soliciting competitive bids if the construction
manager provides evidence of competitive pricing.
The
authority shall require that the construction manager certify, before the
contract is signed, a fixed and stipulated construction price and completion
date to the authority and post a performance bond in an amount at least equal
to 100 percent of the certified price, to cover any costs which may be incurred
in excess of the certified price, including but not limited to costs incurred
by the authority or loss of revenues resulting from incomplete construction on
the completion date. The authority may
secure surety bonds as provided in section 574.26, securing payment of just
claims in connection with all public work undertaken by it. Persons entitled to the protection of the
bonds may enforce them as provided in sections 574.28 to 574.32, and shall not
be entitled to a lien on any property of the authority under the provisions of
sections 514.01 to 514.16. Contracts for
construction and operation of the ballpark must include programs, including
Youthbuild, to provide for participation by small local businesses and businesses
owned by people of color, and the inclusion of women and people of color in the
workforces of contractors and ballpark operators. The construction of the ballpark is a
"project" as that term is defined in section 177.42, subdivision 2,
and is subject to the prevailing wage law under sections 177.41 to 177.43.
Subd. 13. Incidental
powers. In addition to the
powers expressly granted in this act, the authority has all powers necessary or
incidental thereto.
Subd. 14. Review
of ballpark design. The
authority must consider the ballpark implementation committee's recommendations
as they relate to the design and construction of the ballpark, after the
recommendations are considered by the city council as provided in section
473.758.
Sec.
12. [473.757]
COUNTY ACTIVITIES; BONDS; TAXES.
Subdivision
1. Ballpark grants. The
county may authorize, by resolution, and make one or more grants to the
authority for ballpark development and construction, public infrastructure,
reserves for capital improvements, and other purposes related to the ballpark
on the terms and conditions agreed to by the county and the authority.
Subd. 2. Youth
sports; library. To the
extent funds are available from collections of the tax authorized by
subdivision 10 after payment each year of debt service on the bonds authorized
and issued under subdivision 9 and payments for the purposes described in
subdivision 1, the county may also authorize, by resolution, and expend or make
grants to the authority and to other governmental units and nonprofit
organizations in an aggregate amount of up to $4,000,000 annually, increased by
up to 1.5 percent annually to fund equally: (1) youth activities and youth and
amateur sports within Hennepin County; and (2) the cost of extending the hours
of operation of Hennepin county libraries and Minneapolis public libraries.
The money
provided under this subdivision is intended to supplement and not supplant
county expenditures for these purposes at the time of enactment of this act.
Hennepin
County must provide reports to the chairs of the committees and budget
divisions in the senate and the house of representatives that have jurisdiction
over education policy and funding, describing the uses of the money provided
under this subdivision. The first report
must be made by January 15, 2009, and subsequent reports must be made on
January 15 of each subsequent odd-numbered year.
Subd.
3.
Subd. 4. Property
acquisition and disposition. The
county may acquire by purchase, eminent domain, or gift, land, air rights, and
other property interests within the development area for the ballpark site and
public infrastructure and convey it to the authority with or without
consideration, prepare a site for development as a ballpark, and acquire and
construct any related public infrastructure.
The purchase of property and development of public infrastructure
financed with revenues under this section is limited to infrastructure within
the development area or within 1,000 feet of the border of the development
area. The public infrastructure may
include the construction and operation of parking facilities within the
development area notwithstanding any law imposing limits on county parking
facilities in the city of Minneapolis.
The county may acquire and construct property, facilities, and
improvements within the stated geographical limits for the purpose of drainage
and environmental remediation for property within the development area,
walkways and a pedestrian bridge to link the ballpark to Third Avenue
distributor ramps, street and road improvements and access easements for the
purpose of providing access to the ballpark, streetscapes, connections to
transit facilities and bicycle trails, and any utility modifications which are
incidental to any utility modifications within the development area.
To the
extent property parcels or interests acquired are more extensive than the
public infrastructure requirements, the county may sell or otherwise dispose of
the excess. The proceeds from sales of
excess property must be deposited in the debt service reserve fund.
Subd. 5. Grant
agreement. The county may
review and approve ballpark designs, plans, and specifications to the extent
provided in a grant agreement and in order to ensure that the public purposes
of the grant are carried out. The county
board may delegate responsibility for implementing the terms of an approved
grant agreement to the county administrator or other designated officers. Public infrastructure designs must optimize
area transit and bicycle opportunities, including connections to existing
trails, as determined by the county board.
The county
may enforce the provisions of any grant agreement by specific performance. Except to require compliance with the
conditions of the grant or as may be mutually agreed to by the county and the
authority, the county has no interest in or claim to any assets or revenues of
the authority.
Subd. 6. Environmental. The county may initiate or continue an
environmental impact statement as the responsible governmental unit under
section 116D.04, pay for any costs in connection with the environmental impact
statement or reimburse others for such costs, and conduct other studies and
tests necessary to evaluate the suitability of the ballpark site. The county has all powers necessary or
convenient for those purposes and may enter into any contract for those
purposes.
Subd. 7. Local
government expenditures. The
county may make expenditures or grants for other costs incidental and necessary
to further the purposes of this act and may by agreement, reimburse in whole or
in part, any entity that has granted, loaned, or advanced funds to the county
to further the purposes of this act. The
county shall reimburse a local governmental entity within its jurisdiction or
make a grant to such a governmental unit for site acquisition, preparation of
the site for ballpark development, and public infrastructure. Amounts expended by a local
governmental unit with the proceeds of a grant or under an agreement that
provides for reimbursement by the county shall not be deemed an expenditure or
other use of local governmental resources by the governmental unit within the
meaning of any law or charter limitation.
Exercise by the county of its powers under this section shall not affect
the amounts that the county is otherwise eligible to spend, borrow, tax, or
receive under any law.
Subd. 8. County
authority. It is the intent
of the legislature that, except as expressly limited herein, the county has the
authority to acquire and develop a site for the ballpark and public
infrastructure, to enter into contracts with the authority and other
governmental or nongovernmental entities, to appropriate funds, and to make
employees, consultants, and other revenues available for those purposes.
Subd. 9. County
revenue bonds. The county
may, by resolution, authorize, sell, and issue revenue bonds to provide funds
to make a grant or grants to the authority and to finance all or a portion of
the costs of site acquisition, site improvements, and other activities
necessary to prepare a site for development of a ballpark, to construct,
improve, and maintain the ballpark and to establish and fund any capital
improvement reserves, and to acquire and construct any related parking
facilities and other public infrastructure and for other costs incidental and
necessary to further the purposes of this act.
The county may also, by resolution, issue bonds to refund the bonds
issued pursuant to this section. The
bonds must be limited obligations, payable solely from or secured by taxes
levied under subdivision 10, and any other revenues to become available under
this act. The bonds may be issued in one
or more series and sold without an election.
The bonds shall be sold in the manner provided by section 475.60. The bonds shall be secured, bear the interest
rate or rates or a variable rate, have the rank or priority, be executed in the
manner, be payable in the manner, mature, and be subject to the defaults,
redemptions, repurchases, tender options, or other terms, as the county may
determine. The county may enter into and
perform all contracts deemed necessary or desirable by it to issue and secure
the bonds, including an indenture of trust with a trustee within or without the
state. The debt represented by the bonds
shall not be included in computing any debt limitation applicable to the
county. Subject to this subdivision, the
bonds must be issued and sold in the manner provided in chapter 475. The bonds shall recite that they are issued
under this act and the recital shall be conclusive as to the validity of the
bonds and the imposition and pledge of the taxes levied for their payment. In anticipation of the issuance of the bonds
authorized under this subdivision and the collection of taxes levied under
subdivision 10, the county may provide funds for the purposes authorized by
this act through temporary interfund loans from other available funds of the
county which shall be repaid with interest.
Subd. 10. Sales
and use tax. (a)
Notwithstanding section 477A.016, or other law, the governing body of the
county may by ordinance, impose a sales and use tax at the rate of 0.15 percent
for the purposes listed in this section.
The taxes authorized under this section and the manner in which they are
imposed are exempt from the rules of section 297A.99, subdivisions 2 and
3. The provisions of section 297A.99,
except for subdivisions 2 and 3, apply to the imposition, administration,
collection, and enforcement of this tax.
(b) The tax
imposed under this section is not included in determining if the total tax on
lodging in the city of Minneapolis exceeds the maximum allowed tax under Laws
1986, chapter 396, section 5, as amended by Laws 2001, First Special Session
chapter 5, article 12, section 87, or in determining a tax that may be imposed
under any other limitations.
Subd. 11. Uses
of tax. (a) Revenues received
from the tax imposed under subdivision 10 may be used:
(1) to pay
costs of collection;
(2) to pay
or reimburse or secure the payment of any principal of, premium, or interest on
bonds issued in accordance with this act;
(3) to pay
costs and make expenditures and grants described in this section, including
financing costs related to them;
(4)
to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the county;
(5) to pay
for operating costs of the ballpark authority other than the cost of operating
or maintaining the ballpark; and
(6) to make
expenditures and grants for youth activities and amateur sports and extension
of library hours as described in subdivision 2;
and for no
other purpose.
(b)
Revenues from the tax designated for use under paragraph (a), clause (5), must
be deposited in the operating fund of the ballpark authority.
(c) After
completion of the ballpark and public infrastructure, the tax revenues not
required for current payments of the expenditures described in paragraph (a),
clauses (1) to (6), shall be used to (i) redeem or defease the bonds and (ii)
prepay or establish a fund for payment of future obligations under grants or
other commitments for future expenditures which are permitted by this
section. Upon the redemption or
defeasance of the bonds and the establishment of reserves adequate to meet such
future obligations, the taxes shall terminate and shall not be reimposed.
Sec.
13. [473.758]
IMPLEMENTATION.
Subdivision
1. Environmental review.
The county shall be the responsible governmental unit for any
environmental impact statement for the ballpark and public infrastructure
prepared under section 116D.04.
Notwithstanding section 116D.04, subdivision 2b, and implementing rules:
(1) the
environmental impact statement shall not be required to consider alternative
ballpark sites; and
(2) the
environmental impact statement must be determined to be adequate before
commencing work on the foundation of the ballpark, but the ballpark and public
infrastructure may otherwise be started and all preliminary and final
government decisions and actions may be made and taken, including but not
limited to acquiring land, obtaining financing, imposing the tax under section
473.757, granting permits or other land use approvals, entering into grant,
lease, or use agreements, or preparing the site or related public
infrastructure prior to a determination of the adequacy of the environmental
impact statement.
Subd. 2. Ballpark
implementation committee; city review.
In order to accomplish the objectives of this act within the required
time frame, it is necessary to establish an alternative process for municipal
land use and development review. It is
hereby found and declared that the construction of a ballpark within the
development area is consistent with the adopted area plan, is the preferred
ballpark location, and is a permitted land use.
This subdivision establishes a procedure for all land use and
development reviews and approvals by the city of Minneapolis for the ballpark
and related public infrastructure and supersedes all land use and development
rules and restrictions and procedures imposed by other law, charter, or
ordinance, including without limitation section 15.99. No later than 30 days after enactment, the
city of Minneapolis and the county shall establish a ballpark implementation
committee with equal representation from the city of Minneapolis and the county
to make recommendations on the design plans submitted for the ballpark, public
infrastructure and related improvements, including but not limited to street
vacation, parking, roadways, walkways, skyways, pedestrian bridges, bicycle
paths, transit improvements to facilitate public street access to the ballpark
and integration into the transportation plan for downtown and the region,
lighting, landscaping, utilities, streets, drainage, environmental remediation,
and land acquired and prepared for private redevelopment in a manner related to
the use of the ballpark. The
implementation committee must take action to issue its recommendations within
the time frames established in the planning and construction timetable issued
by the county which shall provide for no less than 60 days for the committee's
review. The recommendations of the
implementation committee shall be forwarded to the city of Minneapolis Planning
Commission for an advisory recommendation and then to the city council for
final action in a single resolution, which final action must be taken within 45
days of the submission of the recommendations to the Planning Commission. The city council shall not impose any unnecessary
or unreasonable conditions on the recommendations of the implementation
committee, nor take any action or impose any conditions that will result in
delay from the time frames established in the planning and construction
timetable or in additional overall costs.
Failure of the city council to act within the 45-day period shall be
deemed to be approval. The county may
seek de novo review in the district court of any city council action. The district court or any appellate court
shall expedite review to the maximum extent possible and timely issue relief,
orders or opinions as necessary to give effect to the provisions and objectives
in this act.
Sec.
14. [473.759]
CRITERIA AND CONDITIONS.
Subdivision
1. Binding and enforceable.
In developing the ballpark and entering into related contracts, the
authority must follow and enforce the criteria and conditions in subdivisions 2
to 15, provided that a determination by the authority that those criteria or
conditions have been met under any agreement or otherwise shall be conclusive.
Subd. 2. Team
contributions. The team must
agree to contribute $130,000,000 toward ballpark costs, less a proportionate
share of any amount by which actual ballpark costs may be less than a budgeted
amount of $390,000,000. The team
contributions must be funded in cash during the construction period. The team shall deposit $45,000,000 to the
construction fund to pay for the first ballpark costs. The balance of the team's contribution must
be used to pay the last costs of the ballpark construction. In addition to any other team contribution,
the team must agree to assume and pay when due all cost overruns for the
ballpark costs that exceed the budget.
Subd. 3. Reserve
for capital improvements. The
authority shall require that a reserve fund for capital improvements to the
ballpark be established and funded with annual payments of $2,000,000, with the
team's share of those payments to be approximately $1,000,000, as determined by
agreement of the team and county. The
annual payments shall increase according to an inflation index determined by
the authority, provided that any portion of the team's contribution that has
already been reduced to present value shall not increase according to an
inflation index. The authority may
accept contributions from the county or other source for the portion of the
funding not required to be provided by the team.
Subd. 4. Lease
or use agreements. The
authority must agree to a long-term lease or use agreement with the team for its
use of the ballpark. The team must agree
to play all regularly scheduled and postseason home games at the ballpark. Preseason games may also be scheduled and
played at the ballpark. The lease or use
agreement must be for a term of at least 30 years from the date of ballpark
completion. The lease or use agreement
must include terms for default, termination, and breach of the agreement. Recognizing that the presence of major league
baseball provides to Hennepin County, the state of Minnesota, and its citizens
highly valued, intangible benefits that are virtually impossible to quantify
and, therefore, not recoverable in the event of a team owner's breach of
contract, the lease and use agreements must provide for specific performance
and injunctive relief to enforce provisions relating to use of the ballpark for
major league baseball and must not include escape clauses or buyout
provisions. The team must not enter into
or accept any agreement or requirement with or from Major League Baseball or
any other entity that is inconsistent with the team's binding commitment to the
30-year term of the lease or use agreement or that would in any manner dilute,
interfere with, or negate the provisions of the lease or use agreement, or of
any grant agreement under section 473.757 that includes a specific performance
clause, providing for specific performance or injunctive relief. The legislature conclusively determines, as a
matter of public policy, that the lease or use agreement, and any grant
agreement under section 473.757 that includes a specific performance clause:
(a) explicitly authorize specific performance as a remedy for breach; (b) are
made for adequate consideration and upon terms which are otherwise fair and
reasonable; (c) have not been included through sharp practice,
misrepresentation, or mistake;
(d) if specifically enforced, do not cause unreasonable or disproportionate
hardship or loss to the team or to third parties; and (e) involve performance
in such a manner and the rendering of services of such a nature and under such
circumstances that the beneficiary cannot be adequately compensated in damages.
Subd. 5. Notice
requirement for certain events. Until
30 years from the date of ballpark completion, the team must provide written
notice to the authority not less than 90 days prior to any action, including
any action imposed upon the team by Major League Baseball, which would result
in a breach or default of provisions of the lease or use agreements required to
be included under subdivision 4. If this
notice provision is violated and the team has already breached or been in
default under the required provisions, the authority, the county, or the state
of Minnesota is authorized to specifically enforce the lease or use agreement,
and Minnesota courts are authorized and directed to fashion equitable remedies
so that the team may fulfill the conditions of the lease and use agreements,
including, but not limited to, remedies against major league baseball.
Subd. 6. Enforceable
financial commitments. The
authority must determine before ballpark construction begins that all public
and private funding sources for construction of the ballpark are included in
written agreements. The committed funds
must be adequate to design, construct, furnish, and equip the ballpark.
Subd. 7. Environmental
requirements. The authority
must comply with all environmental requirements imposed by regulatory agencies
for the ballpark, site, and structure, except as provided by section 473.758,
subdivision 1.
Subd. 8. Right
of first refusal. The lease
or use agreement must provide that, prior to any planned sale of the team, the
team must offer a corporation formed under section 473.763 a right of first
refusal to purchase the team at the same price and upon the same terms and
conditions as are contemplated in the intended sale.
Subd. 9. Public
share upon sale of team. The
lease or use agreement must provide that, if the team is sold after the
effective date of this article, a portion of the sale price must be paid to the
authority and deposited in a reserve fund for improvements to the ballpark or
expended as the authority may otherwise direct.
The portion required to be so paid to the authority is 18 percent of the
gross sale price, declining to zero ten years after commencement of ballpark
construction in increments of 1.8 percent each year. The agreement shall provide exceptions for
sales to members of the owner's family and entities and trusts beneficially
owned by family members, sales to employees of equity interests aggregating up
to ten percent, and sales related to capital infusions not distributed to the
owners.
Subd. 10. Access
to books and records. The
lease or use agreement must provide the authority access to annual audited
financial statements of the team and other financial books and records that the
authority deems necessary to determine compliance by the team with this act and
to enforce the terms of any lease or use agreements entered into under this
act. Any financial information obtained
by the authority under this subdivision is nonpublic data under section 13.02,
subdivision 9.
Subd. 11. Affordable
access. To the extent
determined by the authority or required by a grant agreement, any lease or use
agreement must provide for affordable access to the professional sporting
events held in the ballpark.
Subd. 12. No
strikes; lockouts. The
authority must negotiate a public sector project labor agreement or other
agreement to prevent strikes and lockouts that would halt, delay, or impede
construction of the ballpark and related facilities.
Subd. 13. Youth
and amateur sports. The lease
or use agreement must require that the team provide or cause to be provided
$250,000 annually for the term of the agreement for youth activities and youth
and amateur sports without reducing the amounts otherwise normally provided for
and on behalf of the team for those purposes.
The amounts shall increase according to an inflation factor not to
exceed 2.5 percent annually and may be subject to a condition that the county
fund grants for similar purposes.
Subd.
14.
Subd. 15. Ballpark
design. (a) If the authority
obtains grants sufficient to cover the increased costs, the authority must
ensure that the ballpark receives Leadership in Energy and Environmental Design
(LEED) certification for environmental design, and to the extent practicable,
that the ballpark design is architecturally significant. The Department of Administration and the
Department of Commerce must cooperate with the authority to obtain any grants
or other funds that are available to help to pay for the cost of meeting the
requirements for the LEED certification.
(b) The
ballpark design must, to the extent feasible, follow sustainable building
guidelines established under section 16B.325.
(c) The
authority must ensure that the ballpark be, to the greatest extent practicable,
constructed of American-made steel.
Sec.
15. [473.76]
METROPOLITAN SPORTS FACILITIES COMMISSION.
The Metropolitan
Sports Facilities Commission may authorize, by resolution, technical,
professional, or financial assistance to the county and authority for the
development and operation of the ballpark upon such terms and conditions as the
county or authority and the Metropolitan Sports Facilities Commission may
agree, including reimbursement of financial assistance from the proceeds of the
bonds authorized in this chapter.
Without limiting the foregoing permissive powers, the Metropolitan
Sports Facilities Commission shall transfer $300,000 from its cash reserves to
the county on or prior to January 1, 2007, for use in connection with
preliminary ballpark and public infrastructure costs, which amount shall be
repaid by the county from collections of the tax authorized by section 473.757,
if any.
Sec.
16. [473.761]
CITY REQUIREMENTS.
Subdivision
1. Land conveyance. At
the request of the authority or county, the city of Minneapolis shall convey to
the authority or county, as applicable, at fair market value all real property
it owns that is located in the development area and is not currently used for
road, sidewalk, or utility purposes and that the authority or county determines
to be necessary for ballpark or public infrastructure purposes.
Subd. 2. Liquor
licenses. At the request of
the authority, the city of Minneapolis shall issue intoxicating liquor licenses
that are reasonably requested for the premises of the ballpark. These licenses are in addition to the number
authorized by law. All provisions of chapter
340A, not inconsistent with this section apply to the licenses authorized under
this subdivision.
Subd. 3. Charter
limitations. Actions taken by
the city of Minneapolis under this act in a planning or regulatory capacity,
actions for which fair market value reimbursement is provided or for which
standard fees are collected, and any tax exemptions established under this act
shall not be deemed to be an expenditure or other use of city resources within
the meaning of any charter limitation.
Sec. 17. [473.762]
LOCAL TAXES.
No new or
additional local sales or use tax shall be imposed on sales at the ballpark
site unless the tax is applicable throughout the taxing jurisdiction. No new or additional local tax shall be
imposed on sales of tickets and admissions to baseball events at the ballpark,
notwithstanding any law or ordinance, unless the tax is applicable throughout
the taxing jurisdiction. The admissions
and amusements tax currently imposed by the city of Minneapolis pursuant to
Laws 1969, chapter 1092, may apply to admissions for baseball events at the
ballpark.
Sec.
18. [473.763]
COMMUNITY OWNERSHIP.
Subdivision
1. Purpose. The
legislature determines that:
(1) a
professional baseball franchise is an important asset to the state of Minnesota
and ensuring that a franchise remains in Minnesota is an important public
purpose;
(2)
providing broad-based local ownership of a major league baseball franchise
develops trust among fans, taxpayers, and the team, and helps ensure this
important asset will remain in the state;
(3)
providing community ownership of a professional baseball franchise ensures that
the financial benefits of any increased value of the franchise will accrue to
those members of the community who own the franchise; and
(4) enacting
legislation providing for community ownership indicates to major league
baseball continuing support for professional baseball in Minnesota.
Subd. 2. Acquisition. Subject to the rules of Major League
Baseball, the governor and the Metropolitan Sports Facilities Commission must
attempt to facilitate the formation of a corporation to acquire the baseball
franchise and to identify an individual private managing owner of the
corporation. The corporation formed to
acquire the franchise shall have a capital structure in compliance with all of
the following provisions:
(1) there
may be two classes of capital stock:
common stock and preferred stock.
Both classes of stock must give holders voting rights with respect to
any relocation or voluntary contraction of the franchise;
(2) the
private managing owner must own no less than 25 percent and no more than 35
percent of the common stock. For
purposes of this restriction, shares of common stock owned by the private
managing owner include shares of common stock owned by any related taxpayer as
defined in section 1313(c) of the Internal Revenue Code of 1986, as
amended. Other than the rights of all
other holders of common stock and preferred stock with respect to relocation or
voluntary contraction of the franchise, the private managing owner must control
all aspects of the operation of the corporation;
(3) other
than the private managing owner, no individual or entity may own more than five
percent of the common stock of the corporation;
(4) at least
50 percent of the ownership of the common stock must be sold to members of the
general public in a general solicitation and a person or entity must not own
more than one percent of common stock of the corporation; and
(5) the
articles of incorporation, bylaws, and other governing documents must provide
that the franchise may not move outside of the state or agree to voluntary
contraction without approval of at least 75 percent of the shares of common
stock and at least 75 percent of the shares of preferred stock. Notwithstanding any law to the contrary,
these 75 percent approval requirements shall not be amended by the shareholders
or by any other means.
Except as
specifically provided by this act, no state agency may spend money from any
state fund for the purpose of generating revenue under this subdivision or for
the purpose of providing operating support or defraying operating losses of a
professional baseball franchise.
Sec.
19. HIGH
SCHOOL LEAGUE; FUNDS TRANSFER.
Beginning
July 1, 2007, the Minnesota State High School League shall annually determine
the sales tax savings attributable to Minnesota Statutes, section 297A.70,
subdivision 11, and annually transfer that amount to a nonprofit charitable
foundation created for the purpose of promoting high school extracurricular
activities. The funds must be used
by the foundation to make grants to fund, assist, recognize, or promote high
school students' participation in extracurricular activities. The first priority for funding will be grants
for scholarships to individuals to offset athletic fees. The foundation must equitably award grants
based on considerations of gender balance, school size, and geographic
location, to the extent feasible.
Sec.
20. VIKINGS
STADIUM PROPOSAL.
Representatives
of Anoka County and the Minnesota Vikings shall negotiate an agreement for the
development and financing of a stadium that meets the programmatic requirements
of the National Football League, and that has a retractable roof, to be located
in the city of Blaine. A report on the
agreement must be presented to the legislature by January 15, 2007.
Sec.
21. ANOKA
COUNTY SALES AND USE TAX AUTHORIZATION.
Subdivision
1. Authorization. To
provide local government revenue to finance a football stadium for the
Minnesota Vikings, located in the city of Blaine, Anoka County may impose a
general sales and use tax on sales subject to taxation under Minnesota
Statutes, chapter 297A, within its jurisdiction of not more than 0.75 percent. The tax imposed under this section must
terminate 30 days after the county board determines that sufficient revenues
have been received from the tax and other sources to retire or redeem the bonds
issued to pay for the stadium. The tax
may be imposed notwithstanding the provisions of Minnesota Statutes, section
477A.016. The requirements of Minnesota
Statutes, section 297A.99, subdivisions 2 and 3, do not apply to the tax
imposed under this subdivision.
Subd. 2. Contingency. The tax under this section may be imposed
by Anoka County only after the legislature at the 2007 or later legislative
session has enacted a law that provides for the development and financing of a
stadium for the Minnesota Vikings in the city of Blaine that includes the tax
as part of the financing plan.
Subd. 3. Exemption
from local approval requirement.
This section is not subject to the local approval requirement under
Minnesota Statutes, section 645.021.
Sec.
22. METROPOLITAN
SPORTS FACILITIES COMMISSION FUND TRANSFER.
Upon sale
of the Metrodome, the Metropolitan Sports Facilities Commission must transfer
$5,000,000 from its cash reserves in place prior to the sale of the Metrodome
to the city of Minneapolis for future infrastructure costs at the site of the
Metrodome.
Sec.
23. REPEALER.
Minnesota
Statutes 2004, sections 272.02, subdivision 50; 297A.71, subdivision 31;
473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08;
473I.09; 473I.10; 473I.11; 473I.12; and 473I.13, are repealed.
Sec.
24. EFFECTIVE
DATE.
Sections 1
and 3 to 23 are effective the day following final enactment."
Delete the
title and insert:
"A
bill for an act relating to sports; providing for the financing, construction,
operation, and maintenance of a ballpark for Major League Baseball and related
facilities; establishing the Minnesota Ballpark Authority; providing powers and
duties of the authority; providing a community ownership option; authorizing
Hennepin County to issue bonds and to contribute to ballpark costs and to
engage in ballpark and related activities; authorizing local sales and use
taxes and revenues; exempting Minnesota State High School League events from
sales taxes; requiring the Minnesota
State High School League to transfer tax savings to a foundation to promote
extracurricular activities; authorizing expenditures of tax revenues for youth
activities and youth and amateur sports and the extension of library hours;
requiring a report on development and financing of a stadium for the Minnesota
Vikings; authorizing a contingent local sales and use tax in Anoka County;
providing for the transfer of certain funds; amending Minnesota Statutes 2004,
sections 297A.70, subdivision 11; 297A.71, by adding a subdivision; 473.5995,
subdivision 2; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision
35; proposing coding for new law in Minnesota Statutes, chapter 473; repealing
Minnesota Statutes 2004, sections 272.02, subdivision 50; 297A.71, subdivision
31; 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08;
473I.09; 473I.10; 473I.11; 473I.12; 473I.13."
We request the adoption of this report and
repassage of the bill.
House Conferees: Brad
Finstad, Barb Sykora, Morrie Lanning, Neil W. Peterson and Margaret Anderson
Kelliher.
Senate Conferees: Steve
Kelley, Linda Higgins, Sharon Marko and Julie Rosen.
Finstad moved that the report of the
Conference Committee on H. F. No. 2480 be adopted and that the
bill be repassed as amended by the Conference Committee.
Vandeveer moved that the House refuse to
adopt the Conference Committee report on H. F. No. 2480, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly
seconded.
CALL OF THE HOUSE
On the motion of Vandeveer and on the
demand of 10 members, a call of the House was ordered. The following members answered to their
names:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Paulsen moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
The question recurred on the Vandeveer
motion and the roll was called.
Pursuant to rule 2.05, the Speaker excused
Dittrich from voting on the Vandeveer motion to refuse to adopt the Conference
Committee report on H. F. No. 2480 and that the bill be returned to the
Conference Committee.
There were 57 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Bernardy
Buesgens
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Eastlund
Eken
Ellison
Erhardt
Erickson
Goodwin
Greiling
Hackbarth
Hansen
Hausman
Hilty
Hornstein
Hosch
Huntley
Jaros
Johnson, J.
Johnson, S.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Lenczewski
Liebling
Loeffler
Mariani
Mullery
Nelson, P.
Newman
Olson
Paulsen
Paymar
Peppin
Peterson, S.
Ruud
Sailer
Scalze
Seifert
Simon
Smith
Soderstrom
Vandeveer
Wagenius
Walker
Welti
Wilkin
Those who voted in the negative were:
Atkins
Beard
Blaine
Bradley
Brod
Charron
Cox
Cybart
Davids
Demmer
Dempsey
Dill
Dorman
Dorn
Emmer
Entenza
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hamilton
Haws
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Howes
Johnson, R.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lesch
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, M.
Nornes
Otremba
Ozment
Pelowski
Penas
Peterson, A.
Peterson, N.
Poppe
Powell
Rukavina
Ruth
Samuelson
Sertich
Severson
Sieben
Simpson
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wardlow
Westerberg
Westrom
Zellers
Spk. Sviggum
The motion did not prevail.
CALL OF THE HOUSE LIFTED
Entenza moved that the call of the House
be suspended. The motion prevailed and
it was so ordered.
The question recurred on the Finstad
motion that the report of the Conference Committee on
H. F. No. 2480 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
H. F. No 2480, A bill for an act relating
to a ballpark for major league baseball; providing for the financing,
construction, operation, and maintenance of the ballpark and related
facilities; establishing the Minnesota Ballpark Authority; providing powers and
duties of the authority; providing a community ownership option; authorizing
Hennepin County to issue bonds and to contribute to ballpark costs and to
engage in ballpark and related activities; authorizing local sales and use
taxes and revenues; exempting Minnesota State High School League events from
sales taxes; requiring the Minnesota State High School League to transfer tax
savings to a foundation to promote extracurricular activities; exempting
building materials used for certain local government projects from certain
taxes; amending Minnesota Statutes 2004, sections 297A.70, subdivision 11;
297A.71, by adding subdivisions; Minnesota Statutes 2005 Supplement, section
10A.01, subdivision 35; repealing Minnesota Statutes 2004, sections 473I.01;
473I.02; 473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09;
473I.10; 473I.11; 473I.12; 473I.13.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Pursuant to rule 2.05, the Speaker excused
Dittrich from voting on the repassage of H. F. No. 2480, as amended by
Conference.
There were 71 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Atkins
Beard
Blaine
Bradley
Brod
Charron
Cox
Davids
Demmer
Dempsey
Dill
Dorman
Dorn
Eastlund
Entenza
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hamilton
Haws
Heidgerken
Hilstrom
Hoppe
Hortman
Hosch
Johnson, R.
Juhnke
Kelliher
Koenen
Lanning
Larson
Latz
Lesch
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Nelson, M.
Nelson, P.
Nornes
Ozment
Pelowski
Penas
Peterson, A.
Peterson, N.
Poppe
Rukavina
Ruth
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wardlow
Westerberg
Spk. Sviggum
Those who voted in the negative were:
Abeler
Abrams
Anderson, B.
Bernardy
Buesgens
Carlson
Clark
Cornish
Cybart
Davnie
Dean
DeLaForest
Eken
Ellison
Emmer
Erhardt
Erickson
Goodwin
Greiling
Hackbarth
Hansen
Hausman
Hilty
Holberg
Hornstein
Howes
Huntley
Jaros
Johnson, J.
Johnson, S.
Kahn
Klinzing
Knoblach
Kohls
Krinkie
Lenczewski
Liebling
Loeffler
Mariani
Mullery
Murphy
Newman
Olson
Otremba
Paulsen
Paymar
Peppin
Peterson, S.
Powell
Ruud
Sailer
Seifert
Smith
Soderstrom
Vandeveer
Wagenius
Walker
Welti
Westrom
Wilkin
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
The Speaker called Abrams to the Chair.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 3302
A bill for an act relating to local government;
modifying municipal and county planning and zoning provisions; providing
standards for preliminary plat approval in a proposed development; amending
Minnesota Statutes 2004, sections 394.25, subdivision 7; 462.358, subdivision
3b.
May 20, 2006
The Honorable
Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the
undersigned conferees for H. F. No. 3302 report that we have agreed upon the
items in dispute and recommend as follows:
That the
House concur in the Senate amendments and that H. F. No. 3302 be further
amended as follows:
Page 4,
line 1, delete "or" and insert a comma and after "3"
insert ", or 4"
Page 4,
line 2, delete "seasonal recreational property"
Page 4,
line 6, delete the new language and insert "although the use or
occupation does not conform to the official control."
Page 4,
line 7, delete the new language and strike "such" and insert "the"
Page 4,
lines 10 to 15, delete the new language
Page 4,
lines 16 and 24, before "retroactively" insert "the
day following final enactment and applies"
Page 4,
after line 24, insert:
"Sec.
5. Minnesota Statutes 2004, section
394.36, is amended by adding a subdivision to read:
Subd. 4. Nonconformities;
certain classes of property. This
subdivision applies to homestead and nonhomestead residential real estate and
seasonal residential real estate occupied for recreational purposes. A nonconformity, including the lawful use or
occupation of land or premises existing at the time of the adoption of an
official control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not
including expansion. If the
nonconformity or occupancy is discontinued for a period of more than one year,
or any nonconforming building or structure is destroyed by fire or other peril
to the extent of 50 percent of its market value, and no building permit has
been applied for within 180 days of when the property is damaged, any
subsequent use or occupancy of the land or premises must be a conforming use or
occupancy. If a nonconforming building
or structure is destroyed by fire or other peril to the extent of 50 percent of
its market value, the board may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent property.
EFFECTIVE
DATE.
Renumber
the sections in sequence and correct the internal references
Correct the
title numbers accordingly
We request the adoption of this report and repassage of the
bill.
House Conferees:
Laura Brod, Frank Hornstein and
Mike Charron.
Senate Conferees:
David H. Senjem, Linda Higgins
and Jim Vickerman.
Brod moved that the report of the
Conference Committee on H. F. No. 3302 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3302, A bill for an act relating
to local government; modifying municipal and county planning and zoning
provisions; providing standards for preliminary plat approval in a proposed
development; amending Minnesota Statutes 2004, sections 394.25, subdivision 7;
462.358, subdivision 3b.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 123 yeas and 9 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lesch
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Abrams
Buesgens
Holberg
Krinkie
Lenczewski
Loeffler
Paymar
Vandeveer
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
REPORT FROM
THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Saturday, May
20, 2006:
S. F. Nos. 367, 3260 and
2706; H. F. No. 2656; S. F. Nos. 3450, 3236, 2973
and 2735; and H. F. No. 3764.
CALENDAR FOR THE DAY
S. F. No. 3132 was reported
to the House.
Holberg, Cornish, Powell, Sailer, Kahn and Lanning moved to
amend S. F. No. 3132 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [10A.027] INFORMATION ON WEB SITE.
The board must not post on its Web site any canceled checks,
bank account numbers, credit card account numbers, or Social Security numbers
that may be in the board's possession as a result of report or statement
filings, complaints, or other proceedings under this chapter.
Sec. 2. Minnesota
Statutes 2004, section 13.072, subdivision 1, is amended to read:
Subdivision 1. Opinion; when required. (a) Upon request of a government entity, the
commissioner may give a written opinion on any question relating to public
access to government data, rights of subjects of data, or classification of
data under this chapter or other Minnesota statutes governing government data
practices. Upon request of any person
who disagrees with a determination regarding data practices made by a
government entity, the commissioner may give a written opinion regarding the
person's rights as a subject of government data or right to have access to
government data.
(b) Upon request of a body subject to chapter 13D, the
commissioner may give a written opinion on any question relating to the body's
duties under chapter 13D. Upon request
of a person who disagrees with the manner in which members of a governing body
perform their duties under chapter 13D, the commissioner may give a written
opinion on compliance with chapter 13D.
A governing body or person requesting an opinion under this paragraph
must pay the commissioner a fee of $200.
Money received by the commissioner under this paragraph is appropriated
to the commissioner for the purposes of this section.
(c) If the commissioner determines that no opinion will be
issued, the commissioner shall give the government entity or body subject to
chapter 13D or person requesting the opinion notice of the decision not to
issue the opinion within five business days of receipt of the
request. If this notice is not given,
the commissioner shall issue an opinion within 20 days of receipt of the
request.
(d)
For good cause and upon written notice to the person requesting the opinion,
the commissioner may extend this deadline for one additional 30-day
period. The notice must state the reason
for extending the deadline. The
government entity or the members of a body subject to chapter 13D must be
provided a reasonable opportunity to explain the reasons for its decision
regarding the data or how they perform their duties under chapter 13D. The commissioner or the government entity or
body subject to chapter 13D may choose to give notice to the subject of the
data concerning the dispute regarding the data or compliance with chapter 13D.
(e) This section does not apply to a determination made by
the commissioner of health under section 13.3805, subdivision 1, paragraph (b),
or 144.6581.
(f) A written opinion issued by the attorney general shall
take precedence over an opinion issued by the commissioner under this section.
Sec. 3. Minnesota
Statutes 2004, section 13.3805, is amended by adding a subdivision to read:
Subd. 4. Drinking water testing data. Data maintained by the Department of
Health or community public water systems that identify the address of the
testing site and the name, address, and telephone number of residential
homeowners of each specific site that is tested for lead and copper as required
by the federal Safe Drinking Water Act, the United States Environmental
Protection Agency's lead and copper rule, and the department's drinking water
protection program are private data on individuals or nonpublic data.
Sec. 4. [13.386] TREATMENT OF GENETIC INFORMATION
HELD BY GOVERNMENT ENTITIES AND OTHER PERSONS.
Subdivision 1.
Definition. (a) "Genetic information" means
information about an identifiable individual derived from the presence,
absence, alteration, or mutation of a gene, or the presence or absence of a
specific DNA or RNA marker, which has been obtained from an analysis of:
(1) the individual's biological information or specimen; or
(2) the biological information or specimen of a person to
whom the individual is related.
(b) "Genetic information" also means medical or
biological information collected from an individual about a particular genetic
condition that is or might be used to provide medical care to that individual
or the individual's family members.
Subd. 2. Private data. Genetic information held by a government
entity is private data on individuals as defined by section 13.02, subdivision
12.
Subd. 3. Collection, storage, use, and
dissemination of genetic information.
Unless otherwise expressly provided by law, genetic information about
an individual:
(1) may be collected by a government entity, as defined in
section 13.02, subdivision 7a, or any other person only with the written
informed consent of the individual;
(2) may be used only for purposes to which the individual has
given written informed consent;
(3) may be stored only for a period of time to which the
individual has given written informed consent; and
(4) may be disseminated only:
(i)
with the individual's written informed consent; or
(ii) if necessary in order to accomplish purposes described
by clause (2). A consent to disseminate
genetic information under item (i) must be signed and dated. Unless otherwise provided by law, such a
consent is valid for one year or for a lesser period specified in the consent.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to genetic information collected on or
after that date.
Sec. 5. Minnesota
Statutes 2004, section 13.87, is amended by adding a subdivision to read:
Subd. 4. Name and index service data. (a) For purposes of this section,
"name and event index service data" means data of the Bureau of
Criminal Apprehension that link data on an individual that are stored in one or
more databases maintained by criminal justice agencies, as defined in section
299C.46, subdivision 2, or the judiciary.
(b) Name and event index service data are private data on
individuals, provided that if the data link private or public data on an
individual to confidential data on that individual, the data are confidential
data on that individual. The data become
private data if the data no longer link private or public data to confidential
data. The classification of data in the
name and event index service does not change the classification of the data in
the databases linked by the service.
Sec. 6. Minnesota
Statutes 2004, section 136A.162, is amended to read:
136A.162 CLASSIFICATION OF
DATA.
All (a) Except as provided in paragraphs (b) and (c), data on
applicants for financial assistance collected and used by the Higher Education
Services Office for student financial aid programs administered by that office shall
be classified as are private data on individuals under as
defined in section 13.02, subdivision 12.
Exceptions to this classification are that:
(a) the names and addresses of program recipients or
participants are public data;
(b) Data on applicants may be disclosed to the commissioner
of human services to the extent necessary to determine eligibility under
section 136A.121, subdivision 2, clause (5); and.
(c) The following data collected in the Minnesota
supplemental loan program under section 136A.1701 may be disclosed to a
consumer credit reporting agency only if the borrower and the cosigner give
informed consent, according to section 13.05, subdivision 4, at the time of
application for a loan:
(1) the lender-assigned borrower identification number;
(2) the name and address of borrower;
(3) the name and address of cosigner;
(4) the date the account is opened;
(5) the outstanding account balance;
(6) the dollar amount past due;
(7)
the number of payments past due;
(8) the number of late payments in previous 12 months;
(9) the type of account;
(10) the responsibility for the account; and
(11) the status or remarks code.
Sec. 7. Minnesota
Statutes 2004, section 138.17, subdivision 7, is amended to read:
Subd. 7. Records management program. A records management program for the
application of efficient and economical management methods to the creation,
utilization, maintenance, retention, preservation, and disposal of official
records shall be administered by the commissioner of administration with
assistance from the director of the historical society. The State Records Center which stores and services
state records not in state archives shall be administered by the commissioner
of administration. The commissioner of
administration is empowered to (1) establish standards, procedures, and
techniques for effective management of government records, (2) make continuing
surveys of paper work operations, and (3) recommend improvements in current
records management practices including the use of space, equipment, and
supplies employed in creating, maintaining, preserving and disposing of
government records. It shall be the
duty of the head of each state agency and the governing body of each county,
municipality, and other subdivision of government to cooperate with the
commissioner in conducting surveys and to establish and maintain an active,
continuing program for the economical and efficient management of the records
of each agency, county, municipality, or other subdivision of government. When requested by the commissioner,
Public officials shall assist in the preparation of prepare an
inclusive inventory of records in their custody, to which shall be attached a
schedule, approved by the head of the governmental unit or agency having
custody of the records and the commissioner, establishing a time period
for the retention or disposal of each series of records. When the schedule is unanimously approved by
the records disposition panel, the head of the governmental unit or agency
having custody of the records may dispose of the type of records listed in the
schedule at a time and in a manner prescribed in the schedule for particular
records which were created after the approval.
A list of records disposed of pursuant to this subdivision shall be
maintained by the governmental unit or agency.
Sec. 8. Minnesota
Statutes 2004, section 138.17, subdivision 8, is amended to read:
Subd. 8. Emergency records preservation. In light of the danger of nuclear or
natural disaster, the commissioner of administration, with the assistance of
the director of the historical society, shall establish and maintain a program
for the selection and preservation of public records considered essential to
the operation of government and to the protection of the rights and interests
of persons, and shall make or cause to be made preservation duplicates or
designate as preservation duplicates existing copies of such essential public
records. Preservation duplicates shall
be durable, accurate, complete, and clear, and such duplicates reproduced by
photographic or other process which accurately reproduces and forms a durable
medium for so reproducing the original shall have the same force and effect for
all purposes as the original record whether the original record is in existence
or not. A transcript, exemplification,
or certified copy of such preservation duplicate shall be deemed for all
purposes to be a transcript, exemplification, or certified copy of the original
record. Such preservation duplicates
shall be preserved in the place and manner of safekeeping prescribed by the
commissioner.
Every county, municipality, or other subdivision of
government may institute a program for the preservation of necessary documents
essential to the continuity of government in the event of a disaster or
emergency. Such a program shall
first be submitted to the commissioner for approval or disapproval and no such
program shall be instituted until such approval is obtained.
Sec.
9. Minnesota Statutes 2004, section
144.128, is amended to read:
144.128 COMMISSIONER'S
DUTIES.
The commissioner shall:
(1) notify the physicians of newborns tested of the results
of the tests performed;
(2) make referrals for the necessary treatment of diagnosed
cases of heritable and congenital disorders when treatment is indicated;
(3) maintain a registry of the cases of heritable and
congenital disorders detected by the screening program for the purpose of
follow-up services; and
(4) prepare a separate form for use by parents or by
adults who were tested as minors to direct that blood samples and test results
be destroyed;
(5) comply with a destruction request within 45 days after
receiving it;
(6) notify individuals who request destruction of samples and
test results that the samples and test results have been destroyed; and
(7) adopt rules to carry out sections 144.125 to 144.128.
Sec. 10. Minnesota
Statutes 2004, section 144.335, is amended by adding a subdivision to read:
Subd. 3d. Release of records for family and
caretaker involvement in mental health care. (a) Notwithstanding subdivision 3a, a
provider providing mental health care and treatment may disclose health record
information described in paragraph (b) about a patient to a family member of
the patient or other person who requests the information if:
(1) the request for information is in writing;
(2) the family member or other person lives with, provides
care for, or is directly involved in monitoring the treatment of the patient;
(3) the involvement under clause (2) is verified by the
patient's mental health care provider, the patient's attending physician, or a
person other than the person requesting the information, and is documented in
the patient's medical record;
(4) before the disclosure, the patient is informed in writing
of the request, the name of the person requesting the information, the reason
for the request, and the specific information being requested;
(5) the patient agrees to the disclosure, does not object to
the disclosure, or is unable to consent or object, and the patient's decision
or inability to make a decision is documented in the patient's medical record;
and
(6) the disclosure is necessary to assist in the provision of
care or monitoring of the patient's treatment.
(b) The information disclosed under this subdivision is
limited to diagnosis, admission to or discharge from treatment, the name and
dosage of the medications prescribed, side effects of the medication,
consequences of failure of the patient to take the prescribed medication, and a
summary of the discharge plan.
(c)
If a provider reasonably determines that providing information under this
subdivision would be detrimental to the physical or mental health of the
patient or is likely to cause the patient to inflict self harm or to harm
another, the provider must not disclose the information.
(d) This subdivision does not apply to disclosures for a
medical emergency or to family members as authorized or required under
subdivision 3a, paragraph (b), clause (1), or paragraph (f).
Sec. 11. Minnesota
Statutes 2005 Supplement, section 171.02, subdivision 1, is amended to read:
Subdivision 1. License required. Except when expressly exempted, a person
shall not drive a motor vehicle upon a street or highway in this state unless
the person has a license valid under this chapter for the type or class of
vehicle being driven. The department
shall not issue a driver's license to a person unless and until the person's
license from any jurisdiction has been invalidated. The department shall provide to the issuing
department of any jurisdiction, information that the licensee is now licensed
in Minnesota. A person is not permitted
to have more than one valid driver's license at any time. The department shall not issue to a person to
whom a current Minnesota identification card has been issued a driver's
license, other than a limited license, unless the person's Minnesota
identification card has been invalidated.
This subdivision does not require invalidation of a tribal
identification card as a condition of receiving a driver's license.
Sec. 12. [171.072] TRIBAL IDENTIFICATION CARD.
(a) If a Minnesota identification card is deemed an acceptable
form of identification in Minnesota Statutes or Rules, a tribal identification
card is also an acceptable form of identification. A tribal identification card is a primary
document for purposes of Minnesota Rules, part 7410.0400, and successor rules.
(b) For purposes of this subdivision, "tribal
identification card" means an unexpired identification card issued by a
Minnesota tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.
(c) The tribal identification card must contain security
features that make it as impervious to alteration as is reasonably practicable
in its design and quality of material and technology. The security features must use materials that
are not readily available to the general public. The tribal identification card must not be
susceptible to reproduction by photocopying or simulation and must be highly
resistant to data or photograph substitution and other tampering. The requirements of this section do not apply
to tribal identification cards used to prove an individual's residence for
purposes of section 201.061, subdivision 3.
Sec. 13. Minnesota
Statutes 2004, section 181.032, is amended to read:
181.032 REQUIRED STATEMENT
OF EARNINGS BY EMPLOYER.
At the end of each pay period, the employer shall give
provide each employee an earnings statement, either in writing or
by electronic means, covering that pay period. An employer who chooses to provide an
earnings statement by electronic means must provide employee access to an
employer-owned computer during an employee's regular working hours to review
and print earnings statements. The
earnings statement may be in any form determined by the employer but must
include:
(a) the name of the employee;
(b) the hourly rate of pay (if applicable);
(c) the total number of hours worked by the employee unless
exempt from chapter 177;
(d)
the total amount of gross pay earned by the employee during that period;
(e) a list of deductions made from the employee's pay;
(f) the net amount of pay after all deductions are made;
(g) the date on which the pay period ends; and
(h) the legal name of the employer and the operating name of
the employer if different from the legal name.
An employer must provide earnings statements to an employee
in writing, rather than by electronic means, if the employer has received at
least 24 hours notice from an employee that the employee would like to receive
earnings statements in written form.
Once an employer has received notice from an employee that the employee
would like to receive earnings statements in written form, the employer must
comply with that request on an ongoing basis.
Sec. 14. Minnesota
Statutes 2005 Supplement, section 270C.03, subdivision 1, is amended to read:
Subdivision 1. Powers and duties. The commissioner shall have and exercise the
following powers and duties:
(1) administer and enforce the assessment and collection of
taxes;
(2) make determinations, corrections, and assessments with
respect to taxes, including interest, additions to taxes, and assessable
penalties;
(3) use statistical or other sampling techniques consistent
with generally accepted auditing standards in examining returns or records and
making assessments;
(4) investigate the tax laws of other states and countries,
and formulate and submit to the legislature such legislation as the
commissioner may deem expedient to prevent evasions of state revenue laws and
to secure just and equal taxation and improvement in the system of state
revenue laws;
(5) consult and confer with the governor upon the subject of
taxation, the administration of the laws in regard thereto, and the progress of
the work of the department, and furnish the governor, from time to time, such
assistance and information as the governor may require relating to tax matters;
(6) execute and administer any agreement with the secretary
of the treasury or the Bureau of Alcohol, Tobacco, Firearms, and Explosives
in the Department of Justice of the United States or a representative of
another state regarding the exchange of information and administration of the
state revenue laws;
(7) require town, city, county, and other public officers to
report information as to the collection of taxes received from licenses and
other sources, and such other information as may be needful in the work of the
commissioner, in such form as the commissioner may prescribe;
(8) authorize the use of unmarked motor vehicles to conduct
seizures or criminal investigations pursuant to the commissioner's authority;
and
(9) exercise other powers and authority and perform other
duties required of or imposed upon the commissioner by law.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec.
15. [299A.59]
NOTICE OF MULTIPLE LAW ENFORCEMENT OPERATIONS CONFLICTS.
(a) Notwithstanding section 299C.405, the Department of Public
Safety may employ a secure subscription service designed to promote and enhance
officer safety during tactical operations by and between federal, state, and
local law enforcement agencies by notifying law enforcement agencies of
conflicts where multiple law enforcement operations may be occurring on the
same subject or vehicle or on or near the same location. The notification may include warrant
executions, surveillance activities, SWAT activities, and undercover
operations.
(b) Data created, collected, received, maintained, or
disseminated by this system is classified as criminal investigative data as
defined in section 13.82, subdivision 7.
Sec. 16. Minnesota
Statutes 2005 Supplement, section 299C.40, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and managed by the
Bureau of Criminal Apprehension, Criminal Justice Information Systems
Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota
municipal police department, the Metropolitan Transit Police, the Metropolitan
Airports Police, the University of Minnesota Police Department, the
Department of Corrections' Fugitive Apprehension Unit, a Minnesota county
sheriff's department, the Bureau of Criminal Apprehension, or the Minnesota
State Patrol.
Sec. 17. Minnesota
Statutes 2005 Supplement, section 299C.40, subdivision 6, is amended to read:
Subd. 6. Access to CIBRS data by data subject. (a) Upon request to the Bureau of
Criminal Apprehension or to a law enforcement agency participating in CIBRS an
individual shall be informed whether the individual is the subject of private
or confidential data held by CIBRS. An
individual who is the subject of private data held by CIBRS may obtain access
to the data by making a request to the Bureau of Criminal Apprehension or to a
participating law enforcement agency.
Private data provided to the subject under this subdivision must also
include the name of the law enforcement agency that submitted the data to CIBRS
and the name, telephone number, and address of the responsible authority for
the data.
(b) If an individual who is the subject of private data held
by CIBRS requests access to the data or release of the data to a third party,
the individual must appear in person at the Bureau of Criminal Apprehension or
a participating law enforcement agency to give informed consent to the data
access or release.
Sec. 18. Minnesota
Statutes 2005 Supplement, section 299C.405, is amended to read:
299C.405 SUBSCRIPTION
SERVICE.
(a) For the purposes of this section "subscription
service" means a process by which law enforcement agency personnel may
obtain ongoing, automatic electronic notice of any contacts an individual has
with any criminal justice agency.
(b) The Department of Public Safety must not establish a
subscription service without prior legislative authorization; except that,
the Bureau of Criminal Apprehension may employ a secure subscription service
designed to promote and enhance officer safety during tactical operations by
and between federal, state, and local law enforcement agencies by notifying law
enforcement agencies of conflicts where multiple law enforcement operations may
be occurring on the same subject or vehicle or on or near the same
location. The notification may include
warrant executions, surveillance activities, SWAT activities, and undercover
operations.
Sec.
19. Minnesota Statutes 2005 Supplement,
section 325E.59, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) A person or entity, not including
a government entity, may not do any of the following:
(1) publicly post or publicly display in any manner an individual's
Social Security number. "Publicly post" or "publicly
display" means to intentionally communicate or otherwise make available to
the general public;
(2) print an individual's Social Security number on any card
required for the individual to access products or services provided by the
person or entity;
(3) require an individual to transmit the individual's Social
Security number over the Internet, unless the connection is secure or the
Social Security number is encrypted, except as required by titles XVIII and
XIX of the Social Security Act and by Code of Federal Regulations, title 42,
section 483.20;
(4) require an individual to use the individual's Social
Security number to access an Internet Web site, unless a password or unique
personal identification number or other authentication device is also required
to access the Internet Web site; or
(5) print a number that the person or entity knows to be an
individual's Social Security number on any materials that are mailed to the
individual, unless state or federal law requires the Social Security number to
be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual,
a person or entity receives a number from a third party, that person or entity
is under no duty to inquire or otherwise determine whether the number is or
includes that individual's Social Security number and may print that number on
materials mailed to the individual, unless the person or entity receiving the
number has actual knowledge that the number is or includes the individual's
Social Security number.;
(6) assign or use a number as the primary account identifier
that is identical to or incorporates an individual's complete Social Security
number; or
(7) sell Social Security numbers obtained from individuals in
the course of business.
Notwithstanding clauses (1) to (5), Social Security numbers
may be included in applications and forms sent by mail, including documents
sent as part of an application or enrollment process, or to establish, amend,
or terminate an account, contract, or policy, or to confirm the accuracy of the
Social Security number. Nothing in this
paragraph authorizes inclusion of a Social Security number on the outside of a
mailing or in the bulk mailing of a credit card solicitation offer.
(b) A person or entity, not including a government entity,
must restrict access to individual Social Security numbers it holds so that
only employees who require the numbers in order to perform their job duties
have access to the numbers, except as required by titles XVIII and XIX of the
Social Security Act and by Code of Federal Regulations, title 42, section
483.20.
(c) Except as provided in subdivision 2, this section
applies only to the use of Social Security numbers on or after July 1, 2007.
Sec. 20. [325F.675] FRAUD RELATED TO CONSUMER
TELEPHONE RECORDS.
Subdivision 1.
Prohibited acts. Whoever:
(1)
knowingly procures, attempts to procure, solicits, or conspires with another to
procure, a telephone record of any resident of this state without the
authorization of the customer to whom the record pertains or by fraudulent,
deceptive, or false means;
(2) knowingly sells, or attempts to sell, a telephone record
of any resident of this state without the authorization of the customer to whom
the record pertains; or
(3) receives a telephone record of any resident of this state
knowing that such record has been obtained without the authorization of the
customer to whom the record pertains or by fraudulent, deceptive, or false
means,
is guilty
of a violation of this section.
Subd. 2. Penalties. (a) A violation of this section is a gross
misdemeanor punishable by a sentence of up to one year, a fine of $3,000, or
both.
(b) Each subsequent violation is a felony punishable by a
sentence of up to five years, a fine of $5,000, or both.
(c) A violation of this section is subject to a $5,000 civil
penalty.
Subd. 3. Definitions. For purposes of this subdivision:
(1) "Telephone record" means information retained
by a telephone company that relates to a telephone number dialed from the
customer's telephone, an incoming call directed to a customer's telephone, or
other data related to calls typically contained on a customer's telephone bill,
including, but not limited to, the time the call started and ended, the
duration of the call, the time of day the call was made, charges applied, and
information indicating the location from which or to which calls were
made. For purposes of this section, any
information collected and retrieved by customers using caller ID or other
similar technology is not a telephone record.
(2) "Procure" means to obtain by any means, whether
electronically, in writing, or in oral form, with or without consideration.
(3) "Telephone company" means any person or other
entity that provides commercial telephone service to a customer, irrespective
of the communications technology used to provide the service, including, but
not limited to, traditional wireline or cable telephone service; cellular,
broadband PCS, or other wireless telephone service; microwave, satellite, or
other terrestrial telephone service; and voice over Internet telephone service.
Subd. 4. Unfair or deceptive trade practices;
consumer protection. Except
as otherwise provided by this section, a violation of this section constitutes
an unfair or deceptive trade practice under section 325D.44.
Subd. 5. Information security. (a) Telephone companies that maintain
telephone records of a resident of this state shall establish reasonable
procedures to protect against unauthorized or fraudulent disclosure of such
records which could result in substantial harm or inconvenience to a customer.
(b) No private right of action is authorized under this
subdivision.
Subd. 6. Nonapplicability to telephone companies. No provisions of this section shall be
construed to prohibit a telephone company from obtaining, using, disclosing, or
permitting access to any telephone record, either directly or indirectly,
through its agents:
(1) unless prohibited by law;
(2)
with the lawful consent of the customer or subscriber;
(3) as may be necessarily incident to the rendition of the
service, to initiate, render, bill, and collect customer charges, or to the
protection of the rights or property of the provider of that service, or to
protect users of those services and other carriers from fraudulent, abusive, or
unlawful use of, or subscription to, such services;
(4) in connection with the sale or transfer of all or part of
a business, or the purchase or acquisition of a portion or all of a business,
or the migration of a customer from one carrier to another;
(5) to a governmental entity, if the telephone company
reasonably believes that an emergency involving immediate danger of death or serious
physical injury to any person justifies disclosure of the information; or
(6) to the National Center for Missing and Exploited
Children, in connection with a report submitted under section 227 of the
federal Victims of Child Abuse Act of 1990.
Subd. 7. Enforcement. Violations of this section are enforced
under section 8.31.
Sec. 21. Minnesota
Statutes 2004, section 626.557, subdivision 9a, is amended to read:
Subd. 9a. Evaluation and referral of reports made to
a common entry point unit. The
common entry point must screen the reports of alleged or suspected maltreatment
for immediate risk and make all necessary referrals as follows:
(1) if the common entry point determines that there is an
immediate need for adult protective services, the common entry point agency
shall immediately notify the appropriate county agency;
(2) if the report contains suspected criminal activity
against a vulnerable adult, the common entry point shall immediately notify the
appropriate law enforcement agency;
(3) if the report references alleged or suspected
maltreatment and there is no immediate need for adult protective services, the
common entry point shall notify the appropriate lead agency as soon as
possible, but in any event no longer than two working days;
(4) if the report does not reference alleged or suspected
maltreatment, the common entry point may determine whether the information will
be referred; and
(5) if the report contains information about a suspicious
death, the common entry point shall immediately notify the appropriate law
enforcement agencies, the local medical examiner, and the ombudsman
established under section 245.92. Law
enforcement agencies shall coordinate with the local medical examiner and the
ombudsman as provided by law.
Sec. 22. REPORTS REQUIRED.
Subdivision 1.
Genetic information; work
group. (a) The commissioner
must create a work group to develop principles for public policy on the use of
genetic information. The work group must
include representatives of state government, including the judicial branch,
local government, prosecutors, public defenders, the American Civil Liberties
Union - Minnesota, the Citizens Council on Health Care, the University of
Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo
Clinic and Foundation, the March of Dimes, and representatives of employers,
researchers, epidemiologists, laboratories, and insurance companies.
(b)
The commissioner of administration and the work group must conduct reviews of
the topics in paragraphs (c) to (f), in light of the issues raised in the
report on treatment of genetic information under state law required by Laws
2005, chapter 163, section 87. The
commissioner must report the results, including any recommendations for
legislative changes, to the chairs of the house Civil Law Committee and the
senate Judiciary Committee and the ranking minority members of those committees
by January 15, 2008.
(c) The commissioner and the work group must determine
whether changes are needed in Minnesota Statutes, section 144.69, dealing with
collection of information from cancer patients and their relatives.
(d) The commissioner and the work group must make
recommendations whether all relatives affected by a formal three-generation
pedigree created by the Department of Health should be able to access the
entire data set, rather than only allowing individuals access to the data of
which they are the subject.
(e) The commissioner and the work group must identify, and
may make recommendations among, options for resolving questions of secondary
uses of genetic information.
(f) The commissioner and the work group must make
recommendations whether legislative changes are needed regarding access to DNA
test results and the specimens used to create the test results held by the
Bureau of Criminal Apprehension as part of a criminal investigation.
Subd. 2. Further issues for study. Upon completion of the reports required by
subdivision 1, the commissioner and the work group must address the following
issues and report to the legislature as provided by subdivision 1:
(1) how genetic information is used by local government
entities;
(2) what are common uses of genetic information by the
private sector;
(3) retention schedules for genetic information held by government
entities;
(4) whether regulation is needed of private companies that
test biological samples to perform genetic testing;
(5) whether a mechanism is needed to provide for sharing
genetic test results on an individual with relatives whose lives would be
impacted by the information in the test results; and
(6) whether individuals required to provide genetic
information to government or private entities need protection against genetic
discrimination."
The motion prevailed and the amendment was
adopted.
Atkins, Fritz, Eken, Liebling and Johnson, S., moved to amend
S. F. No. 3132, as amended, as follows:
Page 13, after line 31, insert:
"Sec. 21. [325F.695] CUSTOMER SALES OR SERVICE
CALL CENTER REQUIREMENTS.
Subdivision 1.
Definitions. For purposes of this section, the
following terms have the meanings given them:
(1)
"customer sales and service call center" means an entity whose
primary purpose includes the initiating or receiving of telephonic
communications on behalf of any person for the purpose of initiating telephone
solicitations as defined in section 325E.311, subdivision 6;
(2) "customer service call center" means an entity
whose primary purpose includes the initiating or receiving of telephonic
communications on behalf of any person for the purposes of providing or
receiving services or information necessary in connection with the providing of
services or other benefits; and
(3) "customer services employee" means a person
employed by or working on behalf of a customer sales call center or a customer
service call center.
Subd. 2. CUSTOMERS'
RIGHT TO CUSTOMER SALES OR CUSTOMER SERVICE CALL CENTER INFORMATION. (a) Any person who receives a telephone
call from, or places a telephone call to, a customer sales call center or a
customer service call center, upon request, has the right to know the
identification of the state or country where the customer service employee is
located.
(b) A person who receives a telephone solicitation from, or
places a telephone call to, a customer sales call center or a customer service
call center located in a foreign country, which requests the person's
financial, credit, or identifying information, shall have the right to request
an alternative option to contact a customer sales and service center located in
the United States before the information is given if the alternative option is
available.
Subd. 3. Violation. It is fraud under section 325F.69 for a
person to willfully violate this section.
Subd. 4. Application to other remedies. Nothing in this section changes the
remedies currently available under state or federal law or creates additional
or new remedies."
Page 15, after line 22, insert:
"Sec. 24. EFFECTIVE DATE; APPLICATION.
Section 21 is effective August 1, 2005."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion did not prevail and the
amendment was not adopted.
Rukavina moved to amend S. F. No. 3132, as amended, as
follows:
Page 12, after line 7, insert:
"Sec. 20. [325E.60] SALE OF AMERICAN FLAGS.
No person may sell or offer for sale in this state an
American flag or a novelty or other item containing a representation of the
American flag unless the flag or item is manufactured in the United States of
America.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber
the sections in sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the
amendment was not adopted.
S. F. No. 3132, A bill for an act relating
to data practices; regulating the collection, use, and disclosure of certain
data; classifying certain data; regulating tribal identification cards;
authorizing the exchange of certain information; requiring the deletion or the
correction of certain data; providing for certain fees; creating an account;
providing civil remedies; providing criminal penalties; appropriating money;
amending Minnesota Statutes 2004, sections 13.072, subdivision 1; 13.32, by
adding a subdivision; 13.3805, by adding a subdivision; 13.87, by adding a
subdivision; 136A.162; 138.17, subdivisions 7, 8; 144.335, by adding a
subdivision; 624.714, by adding a subdivision; 626.557, subdivision 9a;
Minnesota Statutes 2005 Supplement, sections 13.601, subdivision 3; 13.6905,
subdivision 3; 171.02, subdivision 1; 270C.03, subdivision 1; 299A.681,
subdivision 7; 299C.40, subdivision 1; 325E.59, subdivisions 1, 3; proposing
coding for new law in Minnesota Statutes, chapters 13; 171; 299A; 325F;
proposing coding for new law as Minnesota Statutes, chapter 170A; repealing
Minnesota Statutes 2004, section 13.6905, subdivision 10; Minnesota Statutes
2005 Supplement, sections 168.346; 171.12, subdivisions 7, 7a; 325E.59,
subdivision 2.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3236 was reported
to the House.
Juhnke moved to amend S. F. No. 3236 as follows:
Page 1, after line 5, insert:
"Section 1. [17.445] INSPECTIONS AND SERVICES; FEES.
Subdivision 1.
Definitions. For the purposes of this section, the
definitions in this subdivision have the meanings given them.
(a) "Apiary" means a place where a collection of
one or more hives or colonies of bees or the nuclei of bees are kept.
(b) "Bee equipment" means hives, supers, frames,
veils, gloves, and any apparatus, tool, machine, vehicle, or other device used
in the handling, moving, or manipulating of bees, honey, wax, or hives,
including containers of honey or wax, which may be used in an apiary or in
transporting bees and their products and apiary supplies.
(c) "Bees" means any stage of the common honey bee,
Apis mellifera (L).
(d) "Commissioner" means the commissioner of
agriculture or the commissioner's designees or authorized agents.
Subd. 2. Purpose. To ensure continued access to foreign and
domestic markets, the commissioner shall provide requested bee inspections and
other necessary services.
Subd. 3. Inspections and other services. On request, the commissioner may make
inspections for sale of bees, bee equipment, or appliances or perform other
necessary services.
Subd. 4. Fees. The commissioner shall charge a fee or
charge for expenses so as to recover the cost of performing the inspections and
services in subdivision 3. If a person
for whom these inspections or services are to be performed requests it, the
commissioner shall provide to the person in advance an estimate of the fees or
expenses that will be charged. All fees
and charges collected under this section shall be deposited in the state
treasury and credited to the agricultural fund.
Revenue from inspection fees and other charges deposited in the
agricultural fund, including any interest earned, is appropriated to the
commissioner to perform the services provided for under this section.
Sec. 2. Minnesota
Statutes 2004, section 28A.15, subdivision 4, is amended to read:
Subd. 4. Chapter 19 or 221 licensees permittees;
warehouse operators. Any persons
required to be licensed under chapter 19 or Trucks operating under a
certificate or permit issued pursuant to chapter 221 or warehouse operators,
other than cold storage warehouse operators, offering storage or warehouse
facilities for compensation."
Page 2, after line 10, insert:
"Sec. 4. APPROPRIATION.
($21,000) in 2006 and ($21,000) in 2007 are subtracted from
the general fund appropriation to the Department of Agriculture enacted into
law by the legislature in 2005.
Sec.
5. REPEALER.
Minnesota Statutes 2004, sections 17.10; 19.50, subdivisions
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 14, 15, 17, and 18; 19.51,
subdivisions 1 and 2; 19.52; 19.53; 19.55; 19.56; 19.561; 19.57; 19.58,
subdivisions 1, 2, 4, 5, and 9; 19.59; 19.61, subdivision 1; 19.63; and 19.65,
and Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1, are
repealed."
Page 2, line 12, delete "Section 1 is" and
insert "Sections 1 to 5 are"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Urdahl; Cox; Heidgerken; Nelson, P., and Eastlund moved to
amend S. F. No. 3236, as amended, as follows:
Page 2, after line 10, insert:
"Sec. 2. UNIVERSITY
OF MINNESOTA LICENSING AND MINNESOTA MARKET IMPACT STUDY.
The University of Minnesota shall establish a task force to
study the market impact on Minnesota producers of agricultural products from
the University of Minnesota licensing germplasm and to make recommendations to
the legislature and the Board of Regents on ways to mitigate any negative
impacts on Minnesota businesses that arise from University of Minnesota license
agreements. The task force must include
a representative of the University serving as the chair, and representatives of
the Minnesota Farm Bureau, the Minnesota Farmers Union, agricultural commodity
organizations, the Minnesota Apple Growers Association, the Minnesota Fruit and
Vegetable Growers Association, the Minnesota Nursery Landscape Association, the
Minnesota Department of Agriculture, and the Minnesota Grown Program. Members serve on the task force on a voluntary
basis. The chair may also invite
participation from other staff and faculty of the University of Minnesota as
necessary to fulfill the purpose of the task force. The task force must, as a first priority,
study the license agreement for the MN#1914 apple selection. The Board of Regents and the licensee are
requested, in good faith, to refrain from implementing the MN#1914 license
until the task force has reported its findings to the legislature with a
mitigation plan approved by the task force.
The task force must report to the committees of the legislature with
responsibility for higher education no later than January 15, 2007."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 3236, A bill for an act relating
to agriculture; modifying financial statement requirements for grain buyers;
amending Minnesota Statutes 2005 Supplement, section 223.17, subdivision 6.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 10 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Buesgens
Emmer
Johnson, J.
Klinzing
Krinkie
Olson
Paulsen
Wilkin
The bill was passed, as amended, and its
title agreed to.
S. F. No. 1940 was reported
to the House.
Beard and Lieder moved to amend S. F. No.
1940 as follows:
Delete everything after the enacting
clause and insert:
"Section 1.
Minnesota Statutes 2004, section 360.013, subdivision 39, is amended to
read:
Subd. 39. Airport. "Airport" means any area of land or
water, except a restricted landing area, which is designed for the landing and
takeoff of aircraft, whether or not facilities are provided for the shelter,
surfacing, or repair of aircraft, or for receiving or discharging passengers or
cargo, and all appurtenant areas used or suitable for airport buildings or
other airport facilities, including facilities described in section 116R.02,
subdivision 6, and all appurtenant rights-of-way, whether heretofore or
hereafter established. The operation
and maintenance of airports is an essential public service.
Sec.
2. Minnesota Statutes 2004, section
360.017, subdivision 1, is amended to read:
Subdivision 1. Creation; authorized disbursements. (a) There is hereby created a fund to be
known as the state airports fund. The
fund shall consist of all money appropriated to it, or directed to be paid into
it, by the legislature.
(b) The state airports fund shall be paid out on
authorization of the commissioner and shall be used:
(1) to acquire, construct, improve, maintain, and operate
airports and other air navigation facilities;
(2) to assist municipalities in the acquisition,
construction, improvement, and maintenance of airports and other air navigation
facilities;
(3) to assist municipalities to initiate, enhance, and market
scheduled air service at their airports;
(4) to promote interest and safety in aeronautics through
education and information; and
(5) to pay the salaries and expenses of the Department of
Transportation related to aeronautic planning, administration, and
operation. All allotments of money from
the state airports fund for salaries and expenses shall be approved by the
commissioner of finance.
A
municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from
the state airports fund.
Sec. 3. Minnesota Statutes
2004, section 360.065, is amended by adding a subdivision to read:
Subd. 3. Disclosure of airport zoning
regulations. Before accepting
consideration or signing an agreement to sell or transfer real property that is
located in safety zone A, B, or C, excluding safety zones associated with an
airport owned or operated by the Metropolitan Airports Commission, under zoning
regulations adopted by the governing body, the seller or transferor, whether
executing the agreement in the seller or transferor's own right, or as
executor, administrator, assignee, trustee, or otherwise by authority of law,
must disclose in writing to the buyer or transferee the existence of airport
zoning regulations that affect the real property.
Sec. 4. Minnesota
Statutes 2004, section 473.604, subdivision 1, is amended to read:
Subdivision 1. Composition. The commission consists of:
(1) the mayor of each of the cities, or a qualified voter
appointed by the mayor, for the term of office as mayor;
(2) eight members, appointed by the governor, one from
each of the following agency districts:
(i) district A, consisting of council districts 1 and 2;
(ii) district B, consisting of council districts 3 and 4;
(iii) district C, consisting of council districts 5 and 6;
(iv) district D, consisting of council districts 7 and 8;
(v) district E, consisting of council districts 9 and 10;
(vi)
district F, consisting of council districts 11 and 12;
(vii) district G, consisting of council districts 13 and 14;
and
(viii) district H, consisting of council districts 15 and 16.
Each member
shall be a resident of the district represented. For appointments after the date of final
enactment of this act, a member must have resided in the district for at least
six months and in the state for at least one year immediately preceding the
appointment. The terms of the members
from districts A, B, F, and H expire on January 1, 2007. The terms of the members from districts C, D,
E, and G expire on January 5, 2009. The
successors of each member must be appointed to four-year terms. Before making an appointment, the
governor shall consult with each member of the legislature from the district
for which the member is to be appointed, to solicit the legislator's
recommendation on the appointment;
(3) four members appointed by the governor from outside of
the metropolitan area to reflect fairly the various regions and interests
throughout the state that are affected by the operation of the commission's
major airport and airport system. Two of
these members must be residents of statutory or home rule charter cities,
towns, or counties containing an airport designated by the commissioner of
transportation as a key airport. The
other two must be residents of statutory or home rule charter cities, towns, or
counties containing an airport designated by the commissioner of transportation
as an intermediate airport. The members
must be appointed by the governor as follows:
one for a term of one year, one for a term of two years, one for a term
of three years, and one for a term of four years. All of the terms start on July 1, 1989. The successors of each member must be
appointed to four-year terms commencing on the first Monday in January of each
fourth year after the expiration of the original term. Before making an appointment, the governor
shall consult each member of the legislature representing the municipality or
county from which the member is to be appointed, to solicit the legislator's
recommendation on the appointment; and
(4) a chair appointed by the governor for a term of four
years. The chair may be removed at the
pleasure of the governor.
Sec. 5. Minnesota
Statutes 2004, section 473.621, subdivision 1b, is amended to read:
Subd. 1b. Annual report to legislature. The corporation shall report to the
legislature by February 15 March 30 of each year concerning
operations at Minneapolis-St. Paul International Airport and each reliever
airport. Regarding
Minneapolis-St. Paul International Airport, the report must include the
number of aircraft operations and passenger enplanements at the airport in the
preceding year, current airport capacity in terms of operations and passenger
enplanements, average length of delay statistics, and technological
developments affecting aviation and their effect on operations and capacity at
the airport. The report must include
information in all the foregoing categories as it relates to operations at
Wayne County Metropolitan Airport in Detroit.
The report must compare the number of passenger enplanements and the
number of aircraft operations with the 1993 Metropolitan Airports Commission
baseline forecasts of total passengers and total aircraft operations.
The report must include the aircraft operations, based aircraft, and status of
major development programs at each reliever airport."
Amend the title accordingly
The Speaker resumed the Chair.
Pursuant to rule 1.50, Paulsen moved that
the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
The Speaker called Emmer to the Chair.
Kohls moved to amend the Beard and Lieder
amendment to S. F. No. 1940 as follows:
Page 1, delete section 1
Renumber sections in sequence
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Beard and
Lieder amendment to S. F. No. 1940. The motion prevailed and the amendment was
adopted.
S. F. No. 1940, A bill for an act relating
to metropolitan government; requiring senate confirmation of the chair of the
Metropolitan Airports Commission; providing a residency requirement and for
terms of office for members of the Metropolitan Council and the Metropolitan
Airports Commission; creating a nominating committee; modifying a reporting
requirement; amending Minnesota Statutes 2004, sections 473.123, subdivisions
2a, 3; 473.604, subdivision 1; 473.621, subdivision 1b.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 11 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Davids
Davnie
Dean
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Cybart
DeLaForest
Dill
Emmer
Erickson
Hoppe
Klinzing
Kohls
Krinkie
Rukavina
The bill was passed, as amended, and its
title agreed to.
H. F. No. 2656 was reported
to the House.
Smith and Murphy moved to amend H. F. No.
2656 as follows:
Delete everything after the enacting
clause and insert:
"ARTICLE 1
GENERAL CRIMINAL AND SENTENCING PROVISIONS
Section 1. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 5, is amended to read:
Subd. 5. Procedures in cases where state intends to
seek an aggravated departure. (a)
When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a
jury of 12 members the factors in support of the state's request for an
aggravated departure from the Sentencing Guidelines or the state's request
for an aggravated sentence under any sentencing enhancement statute or the
state's request for a mandatory minimum under section 609.11 as provided in
paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final
argument to a jury regarding both evidence in support of the elements of the
offense and evidence in support of aggravating factors when the evidence in
support of the aggravating factors:
(1) would be admissible as part of the trial on the elements
of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined
by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
(c) The district court shall bifurcate the proceedings, or
impanel a resentencing jury, to allow for the production of evidence, argument,
and deliberations on the existence of factors in support of an aggravated
departure after the return of a guilty verdict when the evidence in support of
an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a
trial on the elements of the offense; and
(2) would result in unfair prejudice to the defendant.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or after that date.
Sec.
2. Minnesota Statutes 2005 Supplement,
section 244.10, subdivision 6, is amended to read:
Subd. 6. Defendants to present evidence and
argument. In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present
evidence and argument to the jury or factfinder regarding whether facts exist
that would justify an aggravated durational departure or an
aggravated sentence under any sentencing enhancement statute or a mandatory
minimum sentence under section 609.11.
A defendant is not allowed to present evidence or argument to the jury
or factfinder regarding facts in support of a mitigated departure during the
trial, but may present evidence and argument in support of a mitigated
departure to the judge as factfinder during a sentencing hearing.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or after that date.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 244.10, subdivision 7, is amended to read:
Subd. 7. Waiver of jury determination. The defendant may waive the right to a jury
determination of whether facts exist that would justify an aggravated
sentence. Upon receipt of a waiver of a
jury trial on this issue, the district court shall determine beyond a
reasonable doubt whether the factors in support of the state's motion for
aggravated departure or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11 exist.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or after that date.
Sec. 4. [340A.706] ALCOHOL WITHOUT LIQUID
DEVICES PROHIBITED.
Subdivision 1.
Definition. For purposes of this section, an
"alcohol without liquid device" is a device, machine, apparatus, or
appliance that mixes an alcoholic beverage with pure or diluted oxygen to
produce an alcohol vapor that may be inhaled by an individual. An "alcohol without liquid device"
does not include an inhaler, nebulizer, atomizer, or other device that is
designed and intended specifically for medical purposes to dispense prescribed
or over-the-counter medications.
Subd. 2. Prohibition. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to possess, purchase, sell,
offer to sell, or use an alcohol without liquid device.
Subd. 3. Research exemption. This section does not apply to a hospital
that operates primarily for the purpose of conducting scientific research, a
state institution conducting bona fide research, a private college or
university conducting bona fide research, or a pharmaceutical company or
biotechnology company conducting bona fide research.
Subd. 4. Penalty. Except as provided in subdivision 3, it is
unlawful for any person or business establishment to utilize a nebulizer,
inhaler, or atomizer or other device as described in subdivision 1, for the
purposes of inhaling alcoholic beverages.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to violations committed on or after that
date.
Sec. 5. Minnesota
Statutes 2004, section 346.155, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b)
"Person" means any natural person, firm, partnership, corporation, or
association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3)
nonprofit organization that:
(1) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided
care for their lifetime;
(2) does not conduct any commercial activity with respect to
any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or breed
any animal of which the organization is an owner, except as an integral part of
the species survival plan of the American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody
of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals,
but not including domestic cats or cats recognized as a domestic breed,
registered as a domestic breed, and shown as a domestic breed by a national or
international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, lorises, and
tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal and offspring
from all subsequent generations of those crosses or hybrids.
(f) "Local animal control authority" means an
agency of the state, county, municipality, or other governmental subdivision of
the state that is responsible for animal control operations in its
jurisdiction.
(g) "Bodily harm," "substantial bodily
harm," and "great bodily harm" have the meanings given them in
section 609.02.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that date.
Sec. 6. Minnesota
Statutes 2004, section 346.155, subdivision 4, is amended to read:
Subd. 4. Requirements. (a) A person who possesses a regulated animal
must maintain health and ownership records on each animal and must maintain the
records for the life of the animal. If
possession of the regulated animal is transferred to another person, a copy of
the health and ownership records must accompany the animal.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a veterinary visit to the
premises at least annually.
(c) A person who possesses a regulated animal must notify the
local animal control authority in writing within ten days of a change in
address or location where the regulated animal is kept. The notification of change in address or
location form must be prepared by the Minnesota Animal Control Association and
approved by the Board of Animal Health.
(d)
A person with a United States Department of Agriculture license for regulated
animals shall forward a copy of the United States Department of Agriculture
inspection report to the local animal control authority within 30 days of
receipt of the inspection report.
(e) A person who possesses a regulated animal shall
prominently display a sign on the structure where the animal is housed
indicating that a dangerous regulated animal is on the premises.
(f) A person who possesses a regulated animal must notify, as
soon as practicable, local law enforcement officials of any escape of a regulated
animal. The person who possesses the
regulated animal is liable for any costs incurred by any person, city, county,
or state agency resulting from the escape of a regulated animal unless the
escape is due to a criminal act by another person or a natural event.
(g) A person who possesses a regulated animal must maintain a
written recovery plan in the event of the escape of a regulated animal. The person must maintain live traps, or other
equipment necessary to assist in the recovery of the regulated animal.
(h) If requested by the local animal control authority,
A person may not move a regulated animal from its location unless the person
notifies the local animal control authority prior to moving the animal. The notification must include the date and
the location where the animal is to be moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.
(i) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find long-term
placement for the regulated animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 7. Minnesota
Statutes 2004, section 346.155, subdivision 5, is amended to read:
Subd. 5. Seizure. (a) The local animal control authority, upon
issuance of a notice of inspection, must be granted access at reasonable times
to sites where the local animal control authority has reason to believe a
violation of this chapter is occurring or has occurred.
(b) If a person who possesses a regulated animal is not in
compliance with the requirements of this section, the local animal control
authority shall take possession of the animal for custody and care, provided
that the procedures in this subdivision are followed.
(c) Upon request of a person possessing a regulated animal,
the local animal control authority may allow the animal to remain in the
physical custody of the owner for 30 days, during which time the owner shall
take all necessary actions to come in compliance with this section. During the 30-day period, the local animal
control authority may inspect, at any reasonable time, the premises where the
animal is kept.
(d) If a person who possesses a regulated animal is not in
compliance with this section following the 30-day period described in paragraph
(c), the local animal control authority shall seize the animal and place it in
a holding facility that is appropriate for the species for up to ten days.
(e) The authority taking custody of an animal under this
section shall provide a notice of the seizure by delivering or mailing it to
the owner, by posting a copy of it at the place where the animal is taken into
custody, or by delivering it to a person residing on the property. The notice must include:
(1) a description of the animal seized; the authority for and
purpose of the seizure; the time, place, and circumstances under which the
animal was seized; and a contact person and telephone number;
(2)
a statement that a person from whom a regulated animal was seized may post
security to prevent disposition of the animal and may request a hearing
concerning the seizure and that failure to do so within five business days of
the date of the notice will result in disposition of the animal;
(3) a statement that actual costs of the care, keeping, and
disposal of the regulated animal are the responsibility of the person from whom
the animal was seized, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially justified by law;
and
(4) a form that can be used by a person from whom a regulated
animal was seized for requesting a hearing under this subdivision.
(e) (f) If a person from whom the regulated animal
was seized makes a request within five business days of the seizure, a hearing
must be held within five business days of the request to determine the validity
of the seizure and disposition of the animal.
The judge or hearing officer may authorize the return of the animal to
the person from whom the animal was seized if the judge or hearing officer
finds:
(1) that the person can and will provide the care required by
law for the regulated animal; and
(2) the regulated animal is physically fit.
(f) (g) If a judge or hearing officer orders a
permanent disposition of the regulated animal, the local animal control
authority may take steps to find long-term placement for the animal with a
wildlife sanctuary, persons authorized by the Department of Natural Resources,
or an appropriate United States Department of Agriculture licensed facility.
(g) (h) A person from whom a regulated animal is
seized is liable for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer finds that the
seizure was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory arrangement
for payment must be made between the local animal control authority and the
person claiming an interest in the animal before return of the animal to the
person.
(h) (i) A person from whom a regulated animal has
been seized under this subdivision may prevent disposition of the animal by
posting security in the amount sufficient to provide for the actual costs of
care and keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day
of the seizure.
(i) (j) If circumstances exist threatening the
life of a person or the life of any animal, local law enforcement or the local
animal control authority shall may seize a regulated animal
without an opportunity for hearing or court order, or destroy the animal.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 8. Minnesota
Statutes 2004, section 346.155, is amended by adding a subdivision to read:
Subd. 9a. Confinement and control. A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or
keep it properly confined and as a result the animal causes bodily harm,
substantial bodily harm, or great bodily harm to another person.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
9. Minnesota Statutes 2004, section
346.155, subdivision 10, is amended to read:
Subd. 10. Penalty. (a) A person who knowingly violates
subdivision 2, 3, paragraph (b) or (c), or 4 is guilty of a misdemeanor.
(b) A person who knowingly violates subdivision 3, paragraph
(a), is guilty of a gross misdemeanor.
(c) A person who violates subdivision 9a, resulting in bodily
harm is guilty of a misdemeanor and may be sentenced to imprisonment for not
more than 90 days or to payment of a fine of not more than $1,000, or both.
(d) A person who violates subdivision 9a, resulting in
substantial bodily harm is guilty of a gross misdemeanor and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(e) A person who violates subdivision 9a, resulting in great
bodily harm or death is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $5,000, or
both, unless a greater penalty is provided elsewhere.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 10. Minnesota
Statutes 2004, section 518B.01, subdivision 14, is amended to read:
Subd. 14. Violation of an order for protection. (a) A person who violates an order for
protection issued by a judge or referee is subject to the penalties provided in
paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d),
whenever an order for protection is granted by a judge or referee or pursuant
to a similar law of another state, the United States, the District of Columbia,
tribal lands, or United States territories, and the respondent or person to be
restrained knows of the existence of the order, violation of the order for
protection is a misdemeanor. Upon a
misdemeanor conviction under this paragraph, the defendant must be sentenced to
a minimum of three days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court. If the court stays imposition or execution of
the jail sentence and the defendant refuses or fails to comply with the court's
treatment order, the court must impose and execute the stayed jail
sentence. A violation of an order for
protection shall also constitute contempt of court and be subject to the
penalties provided in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly
violates this subdivision during the time period between within ten
years of a previous qualified domestic violence-related offense conviction and
the end of the five years following discharge from sentence for that offense
or adjudication of delinquency. Upon
a gross misdemeanor conviction under this paragraph, the defendant must be
sentenced to a minimum of ten days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for
gross misdemeanor convictions.
(d) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the person knowingly violates this subdivision:
(1) during the time period between within ten years
of the first of two or more previous qualified domestic violence-related
offense convictions and the end of the five years following discharge from
sentence for that offense or adjudications of delinquency; or
(2)
while possessing a dangerous weapon, as defined in section 609.02, subdivision
6.
Upon a
felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of
incarceration as a condition of probation.
The court also shall order that the defendant participate in counseling
or other appropriate programs selected by the court. Notwithstanding section 609.135, the court
must impose and execute the minimum sentence provided in this paragraph for
felony convictions.
(e) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause to believe has
violated an order granted pursuant to this section or a similar law of another
state, the United States, the District of Columbia, tribal lands, or United
States territories restraining the person or excluding the person from the
residence or the petitioner's place of employment, even if the violation of the
order did not take place in the presence of the peace officer, if the existence
of the order can be verified by the officer.
The probable cause required under this paragraph includes probable cause
that the person knows of the existence of the order. If the order has not been served, the officer
shall immediately serve the order whenever reasonably safe and possible to do
so. An order for purposes of this
subdivision, includes the short form order described in subdivision 8a. When the order is first served upon the
person at a location at which, under the terms of the order, the person's
presence constitutes a violation, the person shall not be arrested for
violation of the order without first being given a reasonable opportunity to
leave the location in the presence of the peace officer. A person arrested under this paragraph shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays,
and holidays, unless the person is released earlier by a judge or judicial
officer. A peace officer acting in good
faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.
(f) If the court finds that the respondent has violated an
order for protection and that there is reason to believe that the respondent
will commit a further violation of the provisions of the order restraining the
respondent from committing acts of domestic abuse or excluding the respondent
from the petitioner's residence, the court may require the respondent to
acknowledge an obligation to comply with the order on the record. The court may require a bond sufficient to
deter the respondent from committing further violations of the order for
protection, considering the financial resources of the respondent, and not to
exceed $10,000. If the respondent
refuses to comply with an order to acknowledge the obligation or post a bond
under this paragraph, the court shall commit the respondent to the county jail
during the term of the order for protection or until the respondent complies
with the order under this paragraph. The
warrant must state the cause of commitment, with the sum and time for which any
bond is required. If an order is issued
under this paragraph, the court may order the costs of the contempt action, or
any part of them, to be paid by the respondent.
An order under this paragraph is appealable.
(g) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court, alleging that
the respondent has violated any order for protection granted pursuant to this
section or a similar law of another state, the United States, the District of
Columbia, tribal lands, or United States territories, the court may issue an
order to the respondent, requiring the respondent to appear and show cause
within 14 days why the respondent should not be found in contempt of court and
punished therefor. The hearing may be
held by the court in any county in which the petitioner or respondent
temporarily or permanently resides at the time of the alleged violation, or in
the county in which the alleged violation occurred, if the petitioner and
respondent do not reside in this state.
The court also shall refer the violation of the order for protection to
the appropriate prosecuting authority for possible prosecution under paragraph
(b), (c), or (d).
(h) If it is alleged that the respondent has violated an
order for protection issued under subdivision 6 or a similar law of another
state, the United States, the District of Columbia, tribal lands, or United
States territories, and the court finds that the order has expired between the
time of the alleged violation and the court's hearing on the violation, the
court may grant a new order for protection under subdivision 6 based solely on
the respondent's alleged violation of the prior order, to be effective until
the hearing on the alleged violation of the prior order. If the court
finds that the respondent has violated the prior order, the relief granted in
the new order for protection shall be extended for a fixed period, not to
exceed one year, except when the court determines a longer fixed period is appropriate.
(i) The admittance into petitioner's dwelling of an abusing
party excluded from the dwelling under an order for protection is not a
violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause
(1), for a failure to perform a duty required by paragraph (e).
(j) When a person is convicted under paragraph (b) or (c) of
violating an order for protection and the court determines that the person used
a firearm in any way during commission of the violation, the court may order
that the person is prohibited from possessing any type of firearm for any
period longer than three years or for the remainder of the person's life. A person who violates this paragraph is
guilty of a gross misdemeanor. At the
time of the conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm and that it is a
gross misdemeanor to violate this paragraph.
The failure of the court to provide this information to a defendant does
not affect the applicability of the firearm possession prohibition or the gross
misdemeanor penalty to that defendant.
(k) Except as otherwise provided in paragraph (j), when a
person is convicted under paragraph (b) or (c) of violating an order for
protection, the court shall inform the defendant that the defendant is
prohibited from possessing a pistol for three years from the date of conviction
and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this
information to a defendant does not affect the applicability of the pistol
possession prohibition or the gross misdemeanor penalty to that defendant.
(l) Except as otherwise provided in paragraph (j), a person
is not entitled to possess a pistol if the person has been convicted under
paragraph (b) or (c) after August 1, 1996, of violating an order for
protection, unless three years have elapsed from the date of conviction and,
during that time, the person has not been convicted of any other violation of
this section. Property rights may not be
abated but access may be restricted by the courts. A person who possesses a pistol in violation
of this paragraph is guilty of a gross misdemeanor.
(m) If the court determines that a person convicted under
paragraph (b) or (c) of violating an order for protection owns or possesses a
firearm and used it in any way during the commission of the violation, it shall
order that the firearm be summarily forfeited under section 609.5316, subdivision
3.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 518B.01, subdivision 22, is amended to read:
Subd. 22. Domestic abuse no contact order. (a) A domestic abuse no contact order is an
order issued by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749 and
committed against a family or household member;
(3) violation of an order for protection charged under
subdivision 14; or
(4) violation of a prior domestic abuse no contact order
charged under this subdivision.
It
includes pretrial orders before final disposition of the case and probationary
orders after sentencing.
(b) A person who knows of the existence of a domestic abuse
no contact order issued against the person and violates the order is guilty of
a misdemeanor.
(c) A person is guilty of a gross misdemeanor who
knowingly violates this subdivision within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency.
(d) A peace officer shall arrest without a warrant and
take into custody a person whom the peace officer has probable cause to believe
has violated a domestic abuse no contact order, even if the violation of the
order did not take place in the presence of the peace officer, if the existence
of the order can be verified by the officer.
The person shall be held in custody for at least 36 hours, excluding the
day of arrest, Sundays, and holidays, unless the person is released earlier by
a judge or judicial officer. A peace
officer acting in good faith and exercising due care in making an arrest
pursuant to this paragraph is immune from civil liability that might result
from the officer's actions.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related
offense. "Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01, subdivision 14 (violation
of domestic abuse order for protection); 518B.01, subdivision 22 (violation
of domestic abuse no contact order); 609.221 (first-degree assault);
609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231
(fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic
assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal
sexual conduct); 609.377 (malicious punishment of a child); 609.713
(terroristic threats); 609.748, subdivision 6 (violation of harassment
restraining order); and 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of
other states, the United States, the District of Columbia, tribal lands, and
United States territories.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 13. Minnesota
Statutes 2004, section 609.11, subdivision 7, is amended to read:
Subd. 7. Prosecutor shall establish. Whenever reasonable grounds exist to
believe that the defendant or an accomplice used a firearm or other dangerous
weapon or had in possession a firearm, at the time of commission of an offense
listed in subdivision 9, the prosecutor shall, at the time of trial or at the
plea of guilty, present on the record all evidence tending to establish that
fact unless it is otherwise admitted on the record. The question of whether the defendant or
an accomplice, at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a firearm shall
be determined by the court on the record factfinder at the time
of a verdict or finding of guilt at trial or the entry of a plea of guilty
based upon the record of the trial or the plea of guilty. The court factfinder shall also
determine on the record at the time of sentencing whether the
defendant has been convicted of a second or subsequent offense in which the
defendant or an accomplice, at the time of commission of an offense listed in
subdivision 9, used a firearm or other dangerous weapon or had in possession a
firearm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
14. Minnesota Statutes 2004, section
609.153, subdivision 1, is amended to read:
Subdivision 1. Application. This section applies to the following
misdemeanor-level crimes: sections 152.093
(manufacture or delivery of drug paraphernalia prohibited); 152.095
(advertisement of drug paraphernalia prohibited); 609.324 (prostitution); 609.3243
(loitering with intent to participate in prostitution); 609.546 (motor
vehicle tampering); 609.595 (damage to property); and 609.66 (dangerous
weapons); misdemeanor-level violations of section 609.605 (trespass); and
violations of local ordinances prohibiting the unlawful sale or possession of
controlled substances.
EFFECTIVE
DATE. This section is
effective August 1, 2006 and applies to crimes committed on or after that date.
Sec. 15. Minnesota
Statutes 2004, section 609.2231, subdivision 6, is amended to read:
Subd. 6. Public employees with mandated duties. A person is guilty of a gross misdemeanor
who:
(1) assaults an agricultural inspector, occupational safety
and health investigator, child protection worker, public health nurse, animal
control officer, or probation or parole officer while the employee is
engaged in the performance of a duty mandated by law, court order, or
ordinance;
(2) knows that the victim is a public employee engaged in the
performance of the official public duties of the office; and
(3) inflicts demonstrable bodily harm.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 16. Minnesota
Statutes 2004, section 609.224, subdivision 2, is amended to read:
Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of
subdivision 1 against the same victim during the time period between within
ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency and the end of the five years
following discharge from sentence or disposition for that offense, is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both.
(b) Whoever violates the provisions of subdivision 1 within two
three years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency is guilty of a gross misdemeanor and
may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
(c) A caregiver, as defined in section 609.232, who is an
individual and who violates the provisions of subdivision 1 against a
vulnerable adult, as defined in section 609.232, is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or
to payment of a fine of not more than $3,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 17. Minnesota
Statutes 2004, section 609.224, subdivision 4, is amended to read:
Subd. 4. Felony.
(a) Whoever violates the provisions of subdivision 1 against the same
victim during the time period between within ten years of the
first of any combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency and the
end of the five years following discharge from sentence or disposition for that
offense is guilty of a felony and may be sentenced to imprisonment for not
more than five years or payment of a fine of not more than $10,000, or both.
(b)
Whoever violates the provisions of subdivision 1 within three years of the
first of any combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency is guilty
of a felony and may be sentenced to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 18. Minnesota
Statutes 2004, section 609.2242, subdivision 2, is amended to read:
Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 during the
time period between within ten years of a previous qualified
domestic violence-related offense conviction or adjudication of delinquency
against a family or household member as defined in section 518B.01, subdivision
2, and the end of the five years following discharge from sentence or
disposition for that offense is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 19. Minnesota
Statutes 2004, section 609.2242, subdivision 4, is amended to read:
Subd. 4. Felony.
Whoever violates the provisions of this section or section 609.224,
subdivision 1, against the same victim during the time period between
within ten years of the first of any combination of two or more previous
qualified domestic violence-related offense convictions or adjudications of
delinquency and the end of the five years following discharge from sentence
or disposition for that offense is guilty of a felony and may be sentenced
to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 20. Minnesota
Statutes 2005 Supplement, section 609.282, is amended to read:
609.282 LABOR TRAFFICKING.
Subdivision 1.
Individuals under age 18. Whoever knowingly engages in the labor
trafficking of an individual who is under the age of 18 is guilty of a crime
and may be sentenced to imprisonment for not more than 20 years or to payment
of a fine of not more than $40,000, or both.
Subd. 2. Other offenses. Whoever knowingly engages in the labor
trafficking of another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution under this section the
consent or age of the victim is not a defense.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
21. Minnesota Statutes 2005 Supplement,
section 609.283, is amended to read:
609.283 UNLAWFUL CONDUCT
WITH RESPECT TO DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
Subdivision 1.
Crime defined. Unless the person's conduct constitutes a
violation of section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person:
(1) in the course of a violation of section 609.282 or
609.322;
(2) with intent to violate section 609.282 or 609.322; or
(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, a person's liberty to move or travel, in
order to maintain the labor or services of that person, when the person is or
has been a victim of a violation of section 609.282 or 609.322;
is guilty
of a crime and may be sentenced as provided in subdivision 2.
Subd. 2. Penalties. A person who violates subdivision 1
may be sentenced as follows:
(1) if the crime involves a victim under the age of 18, to
imprisonment for not more than ten years or to payment of a fine of $20,000, or
both; or
(2) in other cases, to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both.
Subd. 3. Consent or age of victim not a defense. In a prosecution under this section the
consent or age of the victim is not a defense.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 22. Minnesota
Statutes 2005 Supplement, section 609.3455, is amended by adding a subdivision
to read:
Subd. 3a. Mandatory sentence for certain engrained
offenders. (a) A court shall
commit a person to the commissioner of corrections for a period of time that is
not less than double the presumptive sentence under the sentencing guidelines
and not more than the statutory maximum, or if the statutory maximum is less
than double the presumptive sentence, for a period of time that is equal to the
statutory maximum, if:
(1) the court is imposing an executed sentence on a person
convicted of committing or attempting to commit a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453;
(2) the factfinder determines that the offender is a danger
to public safety; and
(3) the factfinder determines that the offender's criminal
sexual behavior is so engrained that the risk of reoffending is great without
intensive psychotherapeutic intervention or other long-term treatment or
supervision extending beyond the presumptive term of imprisonment and
supervised release.
(b) The factfinder shall base its determination that the
offender is a danger to public safety on any of the following factors:
(1)
the crime involved an aggravating factor that would justify a durational
departure from the presumptive sentence under the sentencing guidelines;
(2) the offender previously committed or attempted to commit
a predatory crime or a violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a
predatory crime or a violation of section 609.224 or 609.2242 if committed by
an adult; or
(ii) a violation or attempted violation of a similar law of
any other state or the United States; or
(3) the offender planned or prepared for the crime prior to
its commission.
(c) As used in this section, "predatory crime" has
the meaning given in section 609.341, subdivision 22.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 23. Minnesota
Statutes 2005 Supplement, section 609.3455, subdivision 4, is amended to read:
Subd. 4. Mandatory life sentence; repeat offenders. (a) Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person
to imprisonment for life if the person is convicted of violating section
609.342, 609.343, 609.344, 609.345, or 609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the factfinder determines that the present offense
involved an aggravating factor that would provide grounds for an upward
durational departure under the sentencing guidelines other than the aggravating
factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from
the sentencing guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under this section or section
609.108 for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and
the factfinder determines that the prior convictions and present offense
involved at least three separate victims, and:
(i) the factfinder determines that the present offense
involved an aggravating factor that would provide grounds for an upward
durational departure under the sentencing guidelines other than the aggravating
factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from
the sentencing guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or section
609.108 for one of the prior sex offense convictions.
(b)
Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person's
previous or prior sex offense convictions that are being used as the basis for
the sentence are for violations of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this state, or any other
state.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 24. Minnesota
Statutes 2005 Supplement, section 609.485, subdivision 2, is amended to read:
Subd. 2. Acts prohibited. Whoever does any of the following may be
sentenced as provided in subdivision 4:
(1) escapes while held pursuant to a lawful arrest, in lawful
custody on a charge or conviction of a crime, or while held in lawful custody
on an allegation or adjudication of a delinquent act;
(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an institution in which the
latter is confined, anything usable in making such escape, with intent that it
shall be so used;
(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to escape;
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order after a finding of
not guilty by reason of mental illness or mental deficiency of a crime against
the person, as defined in section 253B.02, subdivision 4a. Notwithstanding section 609.17, no person may
be charged with or convicted of an attempt to commit a violation of this
clause;
(5) escapes while in or under the supervision of a
facility designated under section 253B.18, subdivision 1, pursuant to a court hold
or commitment order under section 253B.185 or Minnesota Statutes 1992,
section 526.10; or
(6) escapes while on pass status or provisional discharge
according to section 253B.18.
For purposes of clause (1), "escapes while held in
lawful custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from the person's
body.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 25. Minnesota
Statutes 2005 Supplement, section 609.485, subdivision 4, is amended to read:
Subd. 4. Sentence. (a) Except as otherwise provided in subdivision
3a, whoever violates this section may be sentenced as follows:
(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental deficiency of a
crime against the person, as defined in section 253B.02, subdivision 4a, or
pursuant to a court commitment order under section 253B.185 or Minnesota
Statutes 1992, section 526.10, to imprisonment for not more than one year
and one day or to payment of a fine of not more than $3,000, or both;
(3)
if the person who escapes is in lawful custody for a gross misdemeanor or
misdemeanor, or if the person who escapes is in lawful custody on an allegation
or adjudication of a delinquent act, to imprisonment for not more than one year
or to payment of a fine of not more than $3,000, or both; or
(4) if the person who escapes is under civil commitment under sections
section 253B.18 and 253B.185, to imprisonment for not more than one
year and one day or to payment of a fine of not more than $3,000, or both.;
or
(5) if the person who escapes is under a court hold, civil
commitment, or supervision under section 253B.185 or Minnesota Statutes 1992,
section 526.10, to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of violence against a
person, the sentence may be increased to not more than twice those permitted in
paragraph (a), clauses (1) and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence previously
imposed or which may be imposed for any crime or offense for which the person
was in custody when the person escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section 260B.198 escapes
from the custody of the commissioner while 18 years of age, the person's
sentence under this section shall commence on the person's 19th birthday or on
the person's date of discharge by the commissioner of corrections, whichever
occurs first. However, if the person
described in this clause is convicted under this section after becoming 19
years old and after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent act while 18
years of age escapes from a local juvenile correctional facility, the person's
sentence under this section begins on the person's 19th birthday or on the
person's date of discharge from the jurisdiction of the juvenile court,
whichever occurs first. However, if the
person described in this paragraph is convicted after becoming 19 years old and
after discharge from the jurisdiction of the juvenile court, the person's
sentence begins upon imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes or
absconds from electronic monitoring or removes an electric monitoring device from
the person's body is guilty of a crime and shall be sentenced to imprisonment
for not more than one year or to a payment of a fine of not more than $3,000,
or both. A person in lawful custody for
a violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21,
609.221, 609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or
609.3451 who escapes or absconds from electronic monitoring or removes an
electronic monitoring device while under sentence may be sentenced to
imprisonment for not more than five years or to a payment of a fine of not more
than $10,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 26. Minnesota
Statutes 2004, section 609.495, is amended by adding a subdivision to read:
Subd. 5. Venue. An offense committed under subdivision 1
or 3 may be prosecuted in:
(1) the county where the aiding or obstructing behavior
occurred; or
(2) the county where the underlying criminal act occurred.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
31. [609.632]
COUNTERFEITING OF CURRENCY.
Subdivision 1.
Manufacturing; printing. Whoever, with the intent to defraud,
falsely makes, alters, prints, scans, images, or copies any United States
postal money order, United States currency, Federal Reserve note, or other
obligation or security of the United States so that it purports to be genuine
or has different terms or provisions than that of the United States Postal
Service or United States Treasury is guilty of counterfeiting and may be
sentenced as provided in subdivision 4.
Subd. 2. Means for false reproduction. Whoever, with intent to defraud,
makes, engraves, possesses, or transfers a plate or instrument, computer,
printer, camera, software, paper, cloth, fabric, ink, or other material for the
false reproduction of any United States postal money order, United States
currency, Federal Reserve note, or other obligation or security of the United
States is guilty of counterfeiting and may be sentenced as provided in
subdivision 4.
Subd. 3. Uttering or possessing. Whoever, with intent to defraud,
utters or possesses with intent to utter any counterfeit United States postal
money order, United States currency, Federal Reserve note, or other obligation
or security of the United States, having reason to know that the money order,
currency, note, or obligation or security is forged, counterfeited, falsely
made, altered, or printed, is guilty of offering counterfeited currency and may
be sentenced as provided in subdivision 4.
Subd. 4. Penalty. (a) A person who is convicted of
violating subdivision 1 or 2 may be sentenced to imprisonment for not more than
20 years or to payment of a fine of not more than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 may
be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment
of a fine of not more than $100,000, or both, if the counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of
more than $35,000, or the aggregate face value of the counterfeited item is
more than $35,000;
(2) to imprisonment for not more than ten years or to payment
of a fine of not more than $20,000, or both, if the counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of
more than $5,000, or the aggregate face value of the counterfeited item is more
than $5,000;
(3) to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both, if:
(i) the counterfeited item is used to obtain or in an attempt
to obtain property or services having a value of more than $1,000 or the
aggregate face value of the counterfeited item is more than $1,000; or
(ii) the counterfeited item is used to obtain or in an
attempt to obtain property or services having a value of no more than $1,000,
or the aggregate face value of the counterfeited item is no more than $1,000,
and the person has been convicted within the preceding five years for an
offense under this section, section 609.24; 609.245; 609.52; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another
state or the United States in conformity with any of those sections, and the
person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea
was entered would allow the imposition of a felony or gross misdemeanor
sentence; or
(4) to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both, if the counterfeited item is used
to obtain or in an attempt to obtain property or services having a value of no
more than $1,000, or the aggregate face value of the counterfeited item is no
more than $1,000.
Subd.
5.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 32. Minnesota
Statutes 2004, section 609.748, subdivision 6, is amended to read:
Subd. 6. Violation of restraining order. (a) A person who violates a restraining order
issued under this section is subject to the penalties provided in paragraphs
(b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d),
when a temporary restraining order or a restraining order is granted under this
section and the respondent knows of the order, violation of the order is a
misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly
violates the order during the time period between within ten years of
a previous qualified domestic violence-related offense conviction and the
end of the five years following discharge from sentence for that offense
or adjudication of delinquency.
(d) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the person knowingly violates the order:
(1) during the time period between within ten years
of the first of two or more previous qualified domestic violence-related
offense convictions and the end of the five years following discharge from
sentence for that offense or adjudications of delinquency;
(2) because of the victim's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with an intent to influence or otherwise tamper with a
juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or
officer of the court, because of that person's performance of official duties
in connection with a judicial proceeding; or
(6) against a victim under the age of 18, if the respondent
is more than 36 months older than the victim.
(e) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause to believe has
violated an order issued under subdivision 4 or 5 if the existence of the order
can be verified by the officer.
(f) A violation of a temporary restraining order or
restraining order shall also constitute contempt of court.
(g)
Upon the filing of an affidavit by the petitioner, any peace officer, or an
interested party designated by the court, alleging that the respondent has
violated an order issued under subdivision 4 or 5, the court may issue an order
to the respondent requiring the respondent to appear within 14 days and show
cause why the respondent should not be held in contempt of court. The court also shall refer the violation of
the order to the appropriate prosecuting authority for possible prosecution
under paragraph (b), (c), or (d).
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that date.
Sec. 33. Minnesota
Statutes 2004, section 609.749, subdivision 4, is amended to read:
Subd. 4. Second or subsequent violations; felony. (a) A person is guilty of a felony who
violates any provision of subdivision 2 during the time period between within
ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency and the end of the ten years
following discharge from sentence or disposition for that offense, and may
be sentenced to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(b) A person is guilty of a felony who violates any provision
of subdivision 2 during the time period between within ten years of the
first of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency and the end of ten years
following discharge from sentence or disposition for that offense, and may
be sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 34. Minnesota
Statutes 2004, section 609.87, subdivision 1, is amended to read:
Subdivision 1. Applicability. For purposes of sections 609.87 to 609.89,
609.891 and section 609.891 609.8912 to 609.8913, the terms
defined in this section have the meanings given them.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 35. Minnesota
Statutes 2004, section 609.87, subdivision 11, is amended to read:
Subd. 11. Computer security system. "Computer security system" means a
software program or computer device that:
(1) is intended to protect the confidentiality and
secrecy of data and information stored in or accessible through the computer
system; and
(2) displays a conspicuous warning to a user that the user is
entering a secure system or requires a person seeking access to knowingly
respond by use of an authorized code to the program or device in order to gain
access.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
36. Minnesota Statutes 2004, section
609.87, is amended by adding a subdivision to read:
Subd. 13. Encryption. "Encryption" means any
protective or disruptive measure, including but not limited to, cryptography,
enciphering, or encoding that:
(1) causes or makes any data, information, image, program,
signal, or sound unintelligible or unusable; or
(2) prevents, impedes, delays, or disrupts access to any
data, information, image, program, signal, or sound.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 37. Minnesota
Statutes 2004, section 609.87, is amended by adding a subdivision to read:
Subd. 14. Personal data. "Personal data" means any
computer property or computer program which contains records of the employment,
salary, credit, or other financial or personal information relating to another
person.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 38. Minnesota
Statutes 2004, section 609.891, subdivision 1, is amended to read:
Subdivision 1. Crime.
A person is guilty of unauthorized computer access if the person
intentionally and without authority authorization attempts to or
does penetrate a computer security system.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 39. Minnesota
Statutes 2004, section 609.891, subdivision 3, is amended to read:
Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a
manner that creates a risk to public health and safety is guilty of a gross
misdemeanor and may be sentenced to imprisonment for a term of not more than
one year or to payment of a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1 in a manner that
compromises the security of data that are protected under section 609.52,
subdivision 2, clause (8), or are not public data as defined in section 13.02,
subdivision 8a, is guilty of a gross misdemeanor and may be sentenced under
paragraph (a).
(c) A person who violates subdivision 1 and gains access
to personal data is guilty of a gross misdemeanor and may be sentenced under
paragraph (a).
(d) A person who is convicted of a second or subsequent
misdemeanor violation of subdivision 1 within five years is guilty of a gross
misdemeanor and may be sentenced under paragraph (a).
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 40. [609.8912] CRIMINAL USE OF ENCRYPTION.
Subdivision 1.
Crime. Whoever intentionally uses or attempts to
use encryption to do any of the following is guilty of criminal use of
encryption and may be sentenced as provided in subdivision 2:
(1)
to commit, further, or facilitate conduct constituting a crime;
(2) to conceal the commission of any crime;
(3) to conceal or protect the identity of a person who has
committed any crime; or
(4) to prevent, impede, delay, or disrupt the normal
operation or use of another's computer, computer program, or computer system.
Subd. 2. Penalties. (a) A person who violates subdivision 1
may be sentenced to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both, if:
(1) the crime referenced in subdivision 1, clause (1), (2),
or (3), is a felony; or
(2) the person has two or more prior convictions for an
offense under this section, section 609.88, 609.89, 609.891, or 609.8913, or
similar laws of other states, the United States, the District of Columbia,
tribal lands, and United States territories.
(b) A person who violates subdivision 1, under circumstances
not described in paragraph (a), is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 41. [609.8913] FACILITATING ACCESS TO A
COMPUTER SECURITY SYSTEM.
A person is guilty of a gross misdemeanor if the person knows
or has reason to know that by facilitating access to a computer security system
the person is aiding another who intends to commit a crime and in fact commits
a crime. For purposes of this section,
"facilitating access" includes the intentional disclosure of a
computer password, identifying code, personal information number, or other
confidential information about a computer security system which provides a
person with the means or opportunity for the commission of a crime.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 42. Minnesota
Statutes 2004, section 617.246, is amended by adding a subdivision to read:
Subd. 7. Conditional release term. Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing
guidelines, when a court commits a person to the custody of the commissioner of
corrections for violating this section, the court shall provide that after the
person has completed the sentence imposed, the commissioner shall place the
person on conditional release for five years, minus the time the offender
served on supervised release. If the
person has previously been convicted of a violation of this section, section
609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any
similar statute of the United States, this state, or any state, the
commissioner shall place the person on conditional release for ten years, minus
the time the offender served on supervised release. The terms of conditional release are governed
by section 609.3455, subdivision 8.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec.
43. Minnesota Statutes 2004, section
617.247, is amended by adding a subdivision to read:
Subd. 9. Conditional release term. Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing
guidelines, when a court commits a person to the custody of the commissioner of
corrections for violating this section, the court shall provide that after the
person has completed the sentence imposed, the commissioner shall place the
person on conditional release for five years, minus the time the offender
served on supervised release. If the
person has previously been convicted of a violation of this section, section
609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any
similar statute of the United States, this state, or any state, the
commissioner shall place the person on conditional release for ten years, minus
the time the offender served on supervised release. The terms of conditional release are governed
by section 609.3455, subdivision 8.
EFFECTIVE DATE. This section is effective August 1, 2006,
and applies to crimes committed on or after that date.
Sec. 44. Minnesota
Statutes 2004, section 626.77, subdivision 3, is amended to read:
Subd. 3. Definition. As used in this section, "federal law enforcement
officer" means an officer or employee whether employed inside or outside
the state of the Federal Bureau of Investigation, the Drug Enforcement
Administration, the United States Marshal Service, the Secret Service, the
Bureau of Alcohol, Tobacco, and Firearms, or the Immigration and
Naturalization Service, the Department of Homeland Security, or the
United States Postal Inspection Service, or their successor agencies, who
is responsible for the prevention or detection of crimes or for the enforcement
of the United States Code and who is authorized to arrest, with or without a
warrant, any individual for a violation of the United States Code.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 45. Laws 2005,
chapter 136, article 16, section 3, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day following
final enactment and applies to sentencing hearings, resentencing hearings, and
sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. Laws 2005,
chapter 136, article 16, section 4, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. Laws 2005,
chapter 136, article 16, section 5, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
48. Laws 2005, chapter 136, article 16,
section 6, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective the day
following final enactment and applies to sentencing hearings, resentencing
hearings, and sentencing departures sought on or after that date. This section expires February 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 49. COLLATERAL CONSEQUENCES COMMITTEE.
Subdivision 1.
Establishment; duties. A collateral consequences committee is
established to study collateral consequences of adult convictions and juvenile
adjudications. The committee shall
identify the uses of collateral consequences of convictions and adjudications
and recommend any proposed changes to the legislature on collateral
consequences.
Subd. 2. Resources. The Department of Corrections shall
provide technical assistance to the committee on request, with the assistance
of the commissioner of public safety and the Sentencing Guidelines Commission.
Subd. 3. Membership. The committee consists of:
(1) one representative from each of the following groups:
(i) crime victim advocates, appointed by the commissioner of
public safety;
(ii) county attorneys, appointed by the Minnesota County
Attorneys Association;
(iii) city attorneys, appointed by the League of Minnesota
Cities;
(iv) district court judges, appointed by the Judicial
Council;
(v) private criminal defense attorneys, appointed by the
Minnesota Association of Criminal Defense Lawyers;
(vi) probation officers, appointed by the Minnesota
Association of County Probation Officers; and
(vii) the state public defender or a designee; and
(2) the commissioner of public safety, or a designee, who
shall chair the group.
Subd. 4. Report and recommendations. The committee shall present the
legislature with its report and recommendations no later than January 15,
2007. The report must be presented to
the chairs of the senate Crime Prevention and Public Safety Committee and the
house Public Safety and Finance Committee.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 50. SENTENCING GUIDELINES MODIFICATIONS.
(a) Except as provided in paragraph (b), the modifications
related to sex offenses proposed by the Minnesota Sentencing Guidelines
Commission and described in the January 2006 Report to the Legislature, pages
31 to 45, are adopted and take effect on August 1, 2006.
(b)
The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1,
clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and
(l), are rejected and do not take effect.
(c) The commission is requested to rank violations of:
(1) Minnesota Statutes, section 609.344, subdivision 1,
clauses (h), (i), and (l), at severity level C;
(2) Minnesota Statutes, section 609.344, subdivision 1,
clause (a), at severity level D;
(3) Minnesota Statutes, section 609.345, subdivision 1,
clauses (h), (i), and (l), at severity level E; and
(4) Minnesota Statutes, section 609.345, subdivision 1,
clause (a), at severity level F.
(d) If the commission decides to make the changes requested
in paragraph (c), it shall ensure that the changes are effective on August 1,
2006, and publish an updated version of the sentencing guidelines that include
the changes by that date.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 51. REVISOR'S INSTRUCTION.
When appropriate, the revisor of statutes shall replace
statutory references to Minnesota Statutes, section 609.108, with references to
section 609.3455, subdivision 3a.
EFFECTIVE
DATE. This section is effective
August 1, 2006.
Sec. 52. REPEALER.
Minnesota Statutes 2004, sections 609.108, subdivision 5; and
609.109, subdivisions 1 and 3, and Minnesota Statutes 2005 Supplement, sections
609.108, subdivisions 1, 3, 4, 6, and 7; and 609.109, subdivisions 2, 4, 5, and
6, are repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
ARTICLE 2
CONTROLLED SUBSTANCES, DWI, AND TRAFFIC SAFETY PROVISIONS
Section 1. Minnesota
Statutes 2004, section 169.13, is amended to read:
169.13 RECKLESS OR CARELESS
DRIVING.
Subdivision 1. Reckless driving. (a) Any person who drives any vehicle
in such a manner as to indicate either a willful or a wanton disregard for the
safety of persons or property is guilty of reckless driving and such reckless
driving is a misdemeanor.
(b) A person shall not race any vehicle upon any street or
highway of this state. Any person who
willfully compares or contests relative speeds by operating one or more
vehicles is guilty of racing, which constitutes reckless driving, whether or
not the speed contested or compared is in excess of the maximum speed
prescribed by law.
Subd.
2. Careless
driving. Any person who operates or
halts any vehicle upon any street or highway carelessly or heedlessly in
disregard of the rights of others, or in a manner that endangers or is likely
to endanger any property or any person, including the driver or passengers of
the vehicle, is guilty of a misdemeanor.
Subd. 3. Application. (a) The provisions of this section
apply, but are not limited in application, to any person who drives any vehicle
in the manner prohibited by this section:
(1) upon the ice of any lake, stream, or river, including but
not limited to the ice of any boundary water; or
(2) in a parking lot ordinarily used by or available to the
public though not as a matter of right, and a driveway connecting such a
the parking lot with a street or highway.
(b) This section does not apply to:
(1) an authorized emergency vehicle, when responding to an
emergency call or when in pursuit of an actual or suspected violator;
(2) the emergency operation of any vehicle when avoiding
imminent danger; or
(3) any raceway, racing facility, or other public event
sanctioned by the appropriate governmental authority.
EFFECTIVE
DATE. This section is
effective August 1, 2006, for violations committed on or after that date.
Sec. 2. Minnesota
Statutes 2004, section 169A.20, subdivision 1, is amended to read:
Subdivision 1. Driving while impaired crime. It is a crime for any person to drive,
operate, or be in physical control of any motor vehicle within this state or on
any boundary water of this state:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled
substance;
(3) when the person is knowingly under the influence of a
hazardous substance that affects the nervous system, brain, or muscles of the
person so as to substantially impair the person's ability to drive or operate the
motor vehicle;
(4) when the person is under the influence of a combination
of any two or more of the elements named in clauses (1), (2), and (3);
(5) when the person's alcohol concentration at the time, or
as measured within two hours of the time, of driving, operating, or being in
physical control of the motor vehicle is 0.08 or more;
(6) when the vehicle is a commercial motor vehicle and the
person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the commercial
motor vehicle is 0.04 or more; or
(7) when the person's body contains any amount of a
controlled substance listed in schedule I or II, or its metabolite,
other than marijuana or tetrahydrocannabinols.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec.
3. Minnesota Statutes 2004, section
169A.24, subdivision 1, is amended to read:
Subdivision 1. Degree described. A person who violates section 169A.20
(driving while impaired) is guilty of first-degree driving while impaired if
the person:
(1) commits the violation within ten years of the first of
three or more qualified prior impaired driving incidents; or
(2) has previously been convicted of a felony under this
section; or
(3) has previously been convicted of a felony under section
609.21, subdivision 1, clause (2), (3), (4), (5), or (6); subdivision 2, clause
(2), (3), (4), (5), or (6); subdivision 2a, clause (2), (3), (4), (5), or (6);
subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 4, clause (2),
(3), (4), (5), or (6).
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
Sec. 4. Minnesota
Statutes 2004, section 169A.28, subdivision 1, is amended to read:
Subdivision 1. Mandatory consecutive sentences. (a) The court shall impose consecutive
sentences when it sentences a person for:
(1) violations of section 169A.20 (driving while impaired)
arising out of separate courses of conduct;
(2) a violation of section 169A.20 when the person, at the
time of sentencing, is on probation for, or serving, an executed sentence for a
violation of section 169A.20 or Minnesota Statutes 1998, section 169.121
(driver under the influence of alcohol or controlled substance) or 169.129
(aggravated DWI-related violations; penalty), and the prior sentence involved a
separate course of conduct; or
(3) a violation of section 169A.20 and another offense arising
out of a single course of conduct that is listed in subdivision 2, paragraph
(e), when the person has five or more qualified prior impaired driving
incidents within the past ten years.
(b) The requirement for consecutive sentencing in paragraph (a)
does not apply if the person is being sentenced to an executed prison term for
a violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.24 (first-degree driving while impaired).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2004, section 169A.45, subdivision 1, is amended to read:
Subdivision 1. Alcohol concentration evidence. Upon the trial of any prosecution arising out
of acts alleged to have been committed by any person arrested for violating
section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus
or Head Start bus driving), the court may admit evidence of the presence or
amount of alcohol in the person's blood, breath, or urine as shown by an
analysis of those items. In addition, in
a prosecution for a violation of section 169A.20, the court may admit evidence
of the presence or amount in the person's blood, breath, or urine, as shown
by an analysis of those items, of:
(1) a controlled substances substance or
its metabolite; or
(2)
asubstances in the person's blood, breath, or urine as shown
by an analysis of those items substance.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 6. Minnesota
Statutes 2004, section 169A.51, subdivision 1, is amended to read:
Subdivision 1. Implied consent; conditions; election of
test. (a) Any person who drives,
operates, or is in physical control of a motor vehicle within this state or on
any boundary water of this state consents, subject to the provisions of
sections 169A.50 to 169A.53 (implied consent law), and section 169A.20 (driving
while impaired), to a chemical test of that person's blood, breath, or urine
for the purpose of determining the presence of alcohol, a controlled substances
substance or its metabolite, or a hazardous substances
substance. The test must be
administered at the direction of a peace officer.
(b) The test may be required of a person when an officer has
probable cause to believe the person was driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 (driving while
impaired), and one of the following conditions exist:
(1) the person has been lawfully placed under arrest for
violation of section 169A.20 or an ordinance in conformity with it;
(2) the person has been involved in a motor vehicle accident
or collision resulting in property damage, personal injury, or death;
(3) the person has refused to take the screening test
provided for by section 169A.41 (preliminary screening test); or
(4) the screening test was administered and indicated an
alcohol concentration of 0.08 or more.
(c) The test may also be required of a person when an officer
has probable cause to believe the person was driving, operating, or in physical
control of a commercial motor vehicle with the presence of any alcohol.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 7. Minnesota
Statutes 2004, section 169A.51, subdivision 2, is amended to read:
Subd. 2. Implied consent advisory. At the time a test is requested, the person
must be informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of
alcohol, controlled substances, or hazardous substances;
(ii) to determine the presence of a controlled substance
listed in schedule I or II or metabolite, other than marijuana or
tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle, to
determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3)
if the peace officer has probable cause to believe the person has violated the
criminal vehicular homicide and injury laws, that a test will be taken with or
without the person's consent; and
(4) that the person has the right to consult with an
attorney, but that this right is limited to the extent that it cannot
unreasonably delay administration of the test.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 8. Minnesota
Statutes 2004, section 169A.51, subdivision 4, is amended to read:
Subd. 4. Requirement of urine or blood test. Notwithstanding subdivision 3, a blood or
urine test may be required even after a breath test has been administered if
there is probable cause to believe that:
(1) there is impairment by a controlled substance or a hazardous
substance that is not subject to testing by a breath test; or
(2) a controlled substance listed in schedule I or II or
its metabolite, other than marijuana or tetrahydrocannabinols, is present
in the person's body.
Action may be taken against a person who refuses to take a
blood test under this subdivision only if a urine test was offered and action
may be taken against a person who refuses to take a urine test only if a blood
test was offered.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 9. Minnesota
Statutes 2004, section 169A.51, subdivision 7, is amended to read:
Subd. 7. Requirements for conducting tests;
liability. (a) Only a physician,
medical technician, emergency medical technician-paramedic, registered nurse,
medical technologist, medical laboratory technician, or laboratory assistant
acting at the request of a peace officer may withdraw blood for the purpose of
determining the presence of alcohol, a controlled substances
substance or its metabolite, or a hazardous substances
substance. This limitation does not
apply to the taking of a breath or urine sample.
(b) The person tested has the right to have someone of the
person's own choosing administer a chemical test or tests in addition to any
administered at the direction of a peace officer; provided, that the additional
test sample on behalf of the person is obtained at the place where the person
is in custody, after the test administered at the direction of a peace officer,
and at no expense to the state. The
failure or inability to obtain an additional test or tests by a person does not
preclude the admission in evidence of the test taken at the direction of a
peace officer unless the additional test was prevented or denied by the peace
officer.
(c) The physician, medical technician, emergency medical
technician-paramedic, medical technologist, medical laboratory technician,
laboratory assistant, or registered nurse drawing blood at the request of a
peace officer for the purpose of determining the concentration of alcohol, a
controlled substances substance or its metabolite, or a hazardous
substances substance is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person administering a breath test must
be fully trained in the administration of breath tests pursuant to training
given by the commissioner of public safety.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec.
10. Minnesota Statutes 2004, section
169A.52, subdivision 2, is amended to read:
Subd. 2. Reporting test failure. (a) If a person submits to a test, the
results of that test must be reported to the commissioner and to the authority
having responsibility for prosecution of impaired driving offenses for the
jurisdiction in which the acts occurred, if the test results indicate:
(1) an alcohol concentration of 0.08 or more;
(2) an alcohol concentration of 0.04 or more, if the person
was driving, operating, or in physical control of a commercial motor vehicle at
the time of the violation; or
(3) the presence of a controlled substance listed in schedule
I or II or its metabolite, other than marijuana or
tetrahydrocannabinols.
(b) If a person submits to a test and the test results
indicate the presence of a hazardous substance, the results of that test must
be reported to the authority having responsibility for prosecution of impaired
driving offenses for the jurisdiction in which the acts occurred.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 169A.52, subdivision 4, is amended to read:
Subd. 4. Test failure; license revocation. (a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating,
or in physical control of a motor vehicle in violation of section 169A.20
(driving while impaired) and that the person submitted to a test and the test
results indicate an alcohol concentration of 0.08 or more or the presence of a
controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols, then the commissioner shall revoke the
person's license or permit to drive, or nonresident operating privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a period
of six months;
(3) for a person with a qualified prior impaired driving
incident within the past ten years, for a period of 180 days; or
(4) if the test results indicate an alcohol concentration of
0.20 or more, for twice the applicable period in clauses (1) to (3).
(b) On certification by the peace officer that there existed
probable cause to believe the person had been driving, operating, or in
physical control of a commercial motor vehicle with any presence of alcohol and
that the person submitted to a test and the test results indicated an alcohol
concentration of 0.04 or more, the commissioner shall disqualify the person
from operating a commercial motor vehicle under section 171.165 (commercial
driver's license disqualification).
(c) If the test is of a person's blood or urine by a
laboratory operated by the Bureau of Criminal Apprehension, or authorized by
the bureau to conduct the analysis of a blood or urine sample, the laboratory
may directly certify to the commissioner the test results, and the peace
officer shall certify to the commissioner that there existed probable cause
to believe the person had been driving, operating, or in physical control of a
motor vehicle in violation of section 169A.20 and that the person submitted to
a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described
in paragraphs (a) and (b).
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 169A.53, subdivision 3, is amended to read:
Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under this
section must be before a district judge in any county in the judicial district
where the alleged offense occurred. The
hearing is to the court and may be conducted at the same time and in the same
manner as hearings upon pretrial motions in the criminal prosecution under section
169A.20 (driving while impaired), if any.
The hearing must be recorded. The
commissioner shall appear and be represented by the attorney general or through
the prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest
practicable date, and in any event no later than 60 days following the filing
of the petition for review. The judicial
district administrator shall establish procedures to ensure efficient
compliance with this subdivision. To
accomplish this, the administrator may, whenever possible, consolidate and
transfer review hearings among the locations within the judicial district where
terms of district court are held.
(b) The scope of the hearing is limited to the issues in
clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the
person was driving, operating, or in physical control of a motor vehicle or
commercial motor vehicle in violation of section 169A.20 (driving while
impaired)?
(2) Was the person lawfully placed under arrest for violation
of section 169A.20?
(3) Was the person involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided
for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test
indicate an alcohol concentration of 0.08 or more?
(6) At the time of the request for the test, did the peace
officer inform the person of the person's rights and the consequences of taking
or refusing the test as required by section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in
physical control of a motor vehicle, did the test results indicate at the time
of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in
schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in
physical control of a commercial motor vehicle, did the test results indicate
an alcohol concentration of 0.04 or more at the time of testing?
(10) Was the testing method used valid and reliable and were
the test results accurately evaluated?
(c)
It is an affirmative defense for the petitioner to prove that, at the time of
the refusal, the petitioner's refusal to permit the test was based upon
reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory
or medical personnel reports, records, documents, licenses, and certificates
are admissible as substantive evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward the order to the
commissioner. The court shall file its
order within 14 days following the hearing.
If the revocation or disqualification is sustained, the court shall also
forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the
commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing court
may appeal the decision as provided in the Rules of Appellate Procedure.
(g) The civil hearing under this section shall not give rise
to an estoppel on any issues arising from the same set of circumstances in any
criminal prosecution.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 13. Minnesota
Statutes 2004, section 169A.60, subdivision 2, is amended to read:
Subd. 2. Plate impoundment violation; impoundment
order. (a) The commissioner shall
issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are
revoked for a plate impoundment violation; or
(2) a person is arrested for or charged with a plate
impoundment violation described in subdivision 1, paragraph (c) (d),
clause (5).
(b) The order must require the impoundment of the registration
plates of the motor vehicle involved in the plate impoundment violation and all
motor vehicles owned by, registered, or leased in the name of the violator,
including motor vehicles registered jointly or leased in the name of the
violator and another. The commissioner
shall not issue an impoundment order for the registration plates of a rental
vehicle, as defined in section 168.041, subdivision 10, or a vehicle registered
in another state.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec. 14. Minnesota
Statutes 2004, section 169A.60, subdivision 4, is amended to read:
Subd. 4. Peace officer as agent for notice of
impoundment. On behalf of the
commissioner, a peace officer issuing a notice of intent to revoke and of
revocation for a plate impoundment violation shall also serve a notice of
intent to impound and an order of impoundment.
On behalf of the commissioner, a peace officer who is arresting a person
for or charging a person with a plate impoundment violation described in
subdivision 1, paragraph (c) (d), clause (5), shall also serve a
notice of intent to impound and an order of impoundment. If the vehicle involved in the plate
impoundment violation is accessible to the officer at the time the impoundment
order is issued, the officer shall seize the registration plates subject to the
impoundment order. The officer shall
destroy all plates seized or impounded under this section. The officer shall send to the commissioner
copies of the notice of intent to impound and the order of impoundment and a
notice that registration plates impounded and seized under this section have
been destroyed.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving incidents occurring
on or after that date.
Sec.
15. Minnesota Statutes 2005 Supplement,
section 171.05, subdivision 2b, is amended to read:
Subd. 2b. Instruction permit use by person under age
18. (a) This subdivision applies to
persons who have applied for and received an instruction permit under
subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under the
supervision of a certified driver education instructor, the permit holder's
parent or guardian, or another licensed driver age 21 or older. The supervisor must occupy the seat beside
the permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child passenger restraint
system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace officer may not issue a citation for
a violation of this paragraph unless the officer lawfully stopped or detained
the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner
shall not record a violation of this paragraph on a person's driving record.
(d) The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or wireless telephone,
whether handheld or hands free, when the vehicle is in motion. The permit holder may assert as an
affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the
reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
(e) The permit holder must maintain a driving record free of
convictions for moving violations, as defined in section 171.04, subdivision 1,
and free of convictions for violation of section 169A.20, 169A.33, 169A.35, or
sections 169A.50 to 169A.53. If the
permit holder drives a motor vehicle in violation of the law, the commissioner
shall suspend, cancel, or revoke the permit in accordance with the statutory
section violated.
EFFECTIVE
DATE. This section is
effective June 1, 2006, and applies to violations committed on and after that
date.
Sec. 16. Minnesota
Statutes 2005 Supplement, section 171.055, subdivision 2, is amended to read:
Subd. 2. Use of provisional license. (a) A provisional license holder may operate
a motor vehicle only when every occupant under the age of 18 has a seat belt or
child passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace
officer may not issue a citation for a violation of this paragraph unless the
officer lawfully stopped or detained the driver of the motor vehicle for a
moving violation as defined in section 171.04.
The commissioner shall not record a violation of this paragraph on a
person's driving record.
(b) A provisional license holder may not operate a vehicle
while communicating over, or otherwise operating, a cellular or wireless
telephone, whether handheld or hands free, when the vehicle is in motion. The provisional license holder may assert as
an affirmative defense that the violation was made for the sole purpose of
obtaining emergency assistance to prevent a crime about to be committed, or in
the reasonable belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
(c) If the holder of a provisional license during the period
of provisional licensing incurs (1) a conviction for a violation of section
169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) a conviction for
a crash-related moving violation, or (3) more than one conviction for a moving
violation that is not crash related, the person may not be issued a driver's
license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs
first.
EFFECTIVE
DATE. This section is
effective June 1, 2006, and applies to violations committed on and after that
date.
Sec.
17. Minnesota Statutes 2005 Supplement,
section 171.18, subdivision 1, is amended to read:
Subdivision 1. Offenses. (a) The commissioner may suspend the
license of a driver without preliminary hearing upon a showing by department
records or other sufficient evidence that the licensee:
(1) has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) has been convicted by a court for violating a provision
of chapter 169 or an ordinance regulating traffic, other than a conviction for
a petty misdemeanor, and department records show that the violation contributed
in causing an accident resulting in the death or personal injury of another, or
serious property damage;
(3) is an habitually reckless or negligent driver of a motor
vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined in
a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the
license;
(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444, subdivision
2, paragraph (a), within five years of a prior conviction under that section;
(9) has committed a violation of section 171.22, except that
the commissioner may not suspend a person's driver's license based solely on
the fact that the person possessed a fictitious or fraudulently altered
Minnesota identification card;
(10) has failed to appear in court as provided in section
169.92, subdivision 4;
(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving privileges;
(12) has been found to have committed an offense under
section 169A.33; or
(13) has paid or attempted to pay a fee required under this
chapter for a license or permit by means of a dishonored check issued to the
state or a driver's license agent, which must be continued until the registrar
determines or is informed by the agent that the dishonored check has been paid
in full.
However, an
action taken by the commissioner under clause (2) or (5) must conform to the recommendation
of the court when made in connection with the prosecution of the licensee.
(b) The commissioner may not suspend the driver's license of
an individual under paragraph (a) who was convicted of a violation of section
171.24, subdivision 1, whose license was under suspension at the time solely
because of the individual's failure to appear in court or failure to pay a
fine.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
18. Minnesota Statutes 2004, section
253B.02, subdivision 2, is amended to read:
Subd. 2. Chemically dependent person. "Chemically dependent person" means
any person (a) determined as being incapable of self-management or management
of personal affairs by reason of the habitual and excessive use of alcohol,
drugs, or other mind-altering substances; and (b) whose recent conduct as a
result of habitual and excessive use of alcohol, drugs, or other mind-altering
substances poses a substantial likelihood of physical harm to self or others as
demonstrated by (i) a recent attempt or threat to physically harm self or
others, (ii) evidence of recent serious physical problems, or (iii) a failure
to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the
pregnancy in habitual or excessive use, for a nonmedical purpose, of any of the
following controlled substances or their derivatives: opium, cocaine, heroin, phencyclidine,
methamphetamine, or amphetamine.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 19. REMEDIATION OF HARM CAUSED BY
MISDEMEANOR CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
Subdivision 1.
Remediation by commissioner. For infractions that occurred between
July 1, 2005, and June 30, 2006, the commissioner of public safety shall
expunge from a licensee's driving record a misdemeanor conviction for violating
Minnesota Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055,
subdivision 2, paragraph (b). The
commissioner is not obligated to expunge petty misdemeanor violations of the
statutes referenced in this subdivision.
Subd. 2. Remediation by courts. (a) A court in which a person was
convicted for a misdemeanor violation of Minnesota Statutes, section 171.05,
subdivision 2b, paragraph (d), or 171.055, subdivision 2, paragraph (b), that
occurred between July 1, 2005, and June 30, 2006, must vacate the conviction,
on its own motion, without cost to the person convicted, and must immediately
notify the person that the conviction has been vacated. A court shall not vacate petty misdemeanor
violations of the statutes referenced in this subdivision.
(b) The commissioner of finance, in consultation with the
state court administrator, shall develop and implement a procedure to refund
defendants for any fine in excess of $300 for a conviction vacated under
paragraph (a), without requiring that the defendant request a refund. The procedure may require recovery of
portions of the fines that have been allocated by law to local governmental units.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 20. REPEALER.
Minnesota Statutes 2004, section 169A.41, subdivision 4, is
repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to impaired driving violations that occur
on or after that date.
ARTICLE 3
PUBLIC SAFETY POLICY
Section 1. [4.055] GOVERNOR'S RESIDENCE EMPLOYEES
AND GOVERNOR APPOINTEE BACKGROUND CHECKS.
The governor's office may request a check of:
(1)
systems accessible through the criminal justice data communications network,
including, but not limited to, criminal history, predatory offender
registration, warrants, and driver license record information from the
Department of Public Safety;
(2) the statewide supervision system maintained by the
Department of Corrections; and
(3) national criminal history information maintained by the
Federal Bureau of Investigation;
on
candidates for positions within the governor's residence or appointment by the
governor. The candidate shall provide the
governor's office with a written authorization to conduct the check of these
systems. For a check of the national
criminal history information, the request must also include a set of
fingerprints which shall be sent to the Bureau of Criminal Apprehension. The bureau has the authority to exchange the
fingerprints with the FBI to facilitate the national background check. The superintendent may recover fees
associated with the background checks from the governor's office.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 2. Minnesota
Statutes 2004, section 13.82, is amended by adding a subdivision to read:
Subd. 29. Juvenile offender photographs. Notwithstanding section 260B.171, chapter
609A, or other law to the contrary, photographs or electronically produced
images of children adjudicated delinquent under chapter 260B shall not be
expunged from law enforcement records or databases.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3. Minnesota
Statutes 2004, section 13.87, is amended by adding a subdivision to read:
Subd. 4. Name and index service; data
classification. (a) For
purposes of this section, "name and event index service" means the
data held by the Bureau of Criminal Apprehension that link data about an individual
that are stored in one or more databases maintained in criminal justice
agencies, as defined in section 299C.46, subdivision 2, and in the judiciary.
(b) Data collected, created, or maintained by the name and
event index service are classified as private data, pursuant to section 13.02,
subdivision 12, and become confidential data, pursuant to section 13.02,
subdivision 3, when the data links private or public data about a specific
individual to any confidential data about that individual. The data in the name and event index service
revert to the private data classification when no confidential data about a
specific individual are maintained in the databases. The classification of data in the name and
event index service does not change the classification of the data held in the
databases linked by the service.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. Minnesota
Statutes 2004, section 144.7401, is amended by adding a subdivision to read:
Subd. 8. Peace officer; applicability. An individual licensed as a peace officer
under section 626.84, subdivision 1, is considered an emergency medical
services person for purposes of sections 144.7401 to 144.7415 regardless of
whether the officer is engaged in performing emergency services.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
5. Minnesota Statutes 2004, section
155A.07, is amended by adding a subdivision to read:
Subd 2a. Licensing; felons. The board shall adopt rules to
establish a uniform process and criteria by which an applicant who has been
convicted of a felony shall be considered for licensing.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6. Minnesota
Statutes 2004, section 181.973, is amended to read:
181.973 EMPLOYEE
PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.
A person engaged in a public safety peer counseling or a
public safety peer debriefing shall not, without the permission of the
person being debriefed or counseled, be allowed to disclose any
information or opinion which the peer group member or peer counselor has
acquired during the debriefing process. However, this does not prohibit a peer
counselor from disclosing information the peer counselor reasonably believes
indicates that the person may be a danger to self or others, if the information
is used only for the purpose of eliminating the danger to the person or
others. Any information or opinion
disclosed in violation of this paragraph is not admissible as evidence in any
personnel or occupational licensing matter involving the person being debriefed
or counseled.
For purposes of this paragraph section,
"public safety peer counseling or debriefing" means a group
process oriented debriefing session, or one-to-one contact with a peer
counselor, held for peace officers, firefighters, medical emergency
persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any agency providing public safety emergency
services and is designed to help a person who has suffered an occupation-related
traumatic event trauma, illness, or stress begin the process of
healing and effectively dealing with posttraumatic stress the
person's problems or the use of the peer counselor for direction with referrals
to better service these occupation-related issues. A "peer counselor" means someone so
designated by that agency.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this
section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or conspiracy to
commit, any of the following, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343;
609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation
of, or attempt to violate, or aiding, abetting, or conspiracy to commit false
imprisonment in violation of section 609.255, subdivision 2; soliciting a minor
to engage in prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of section 609.352;
using a minor in a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of section 617.247,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
(3)
the person was sentenced as a patterned sex offender under section 609.108; or
(4) the person was convicted of or adjudicated delinquent for,
including pursuant to a court martial, violating a law of the United States,
including the Uniform Code of Military Justice, similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers
registration, unless the person is subject to a longer registration period
under the laws of another state in which the person has been convicted or
adjudicated, or is subject to lifetime registration, in which case.
If a person described in this paragraph is subject to a longer
registration period in another state or is subject to lifetime registration, the person
shall register for life that time period regardless of when the
person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the
person was charged with or petitioned for a violation of any of the offenses
listed in paragraph (a), clause (2), or a similar law of another state or the
United States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to offenders residing
in Minnesota on or after that date.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 4, is amended to read:
Subd. 4. Contents of registration. (a) The registration provided to the
corrections agent or law enforcement authority, must consist of a statement in
writing signed by the person, giving information required by the bureau, a
fingerprint card, and photograph of the person taken at the time of the
person's release from incarceration or, if the person was not incarcerated, at
the time the person initially registered under this section. The registration information also must
include a written consent form signed by the person allowing a treatment
facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a
treatment facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171,
subdivision 3.
(b)
For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law
of another state or the United States, in addition to other information
required by this section, the registration provided to the corrections agent or
law enforcement authority must include the person's offense history and
documentation of treatment received during the person's commitment. This documentation is limited to a statement
of how far the person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration information to the
bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the
area of the person's primary address, if any, or if the person lacks a primary
address, where the person is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section appear before the
agent or authority to be photographed.
The agent or authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent
or authority shall require a person required to register under this section who
is classified as a level III offender under section 244.052 to appear before
the agent or authority at least every six months to be photographed.
(2) The requirements of this paragraph shall not apply during
any period where the person to be photographed is: (i) committed to the
commissioner of corrections and incarcerated, (ii) incarcerated in a regional
jail or county jail, or (iii) committed to the commissioner of human services
and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under
this section, the following provisions apply:
(1) Except for persons registering under subdivision 3a, the
bureau shall mail a verification form to the person's last reported primary
address. This verification form must
provide notice to the offender that, if the offender does not return the
verification form as required, information about the offender may be made
available to the public through electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law
enforcement authority where the offender most recently reported. The authority shall provide the verification
form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back
to the bureau within ten days after receipt of the form, stating on the form
the current and last address of the person's residence and the other
information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a
person who is assigned to risk level II or III under section 244.052, and who
is no longer under correctional supervision for a registration offense, or a
failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement
authority as provided in this section.
If the person resides in Minnesota, the annual in-person contact shall
be with the law enforcement authority that has jurisdiction over the person's
primary address or, if the person has no address, the location where the person
is staying. If the person does not
reside in Minnesota but works or attends school in this state, the person shall
have an annual in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person
to the bureau's predatory offender registration unit.
(4)
If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to
report to the law enforcement authority during the month of the person's birth
date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed
verification form to the bureau within ten days after receipt of the form and
who has been determined to be a risk level III offender under section 244.052,
the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with
this section. The bureau also shall
immediately give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last registered
address or addresses.
For persons
required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at
least four times each year. For persons
who, under section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense or a failure
to register offense, the bureau shall comply with clause (1) at least two times
each year. For all other persons
required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial
registration.
(f) When sending out a verification form, the bureau shall
determine whether the person to whom the verification form is being sent has
signed a written consent form as provided for in paragraph (a). If the person has not signed such a consent
form, the bureau shall send a written consent form to the person along with the
verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same
time as the verification form.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 243.166, subdivision 4b, is amended to read:
Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision,
"health care facility" means a facility licensed by:
(1) the commissioner of health as a hospital, boarding care
home or supervised living facility under sections 144.50 to 144.58, or a
nursing home under chapter 144A; or
(2) the commissioner of human services as a residential
facility under chapter 245A to provide adult foster care, adult mental health
treatment, chemical dependency treatment to adults, or residential services to
persons with developmental disabilities.
(b) Upon admittance Prior to admission to a
health care facility, a person required to register under this section shall
disclose to:
(1) the health care facility employee processing the
admission the person's status as a registered predatory offender under this
section; and
(2) the person's corrections agent, or if the person does not
have an assigned corrections agent, the law enforcement authority with whom the
person is currently required to register, that inpatient admission has
occurred will occur.
(c)
A law enforcement authority or corrections agent who receives notice under
paragraph (b) or who knows that a person required to register under this
section is planning to be admitted and receive, or has been admitted and
is receiving health care at a health care facility shall notify the
administrator of the facility and deliver a fact sheet to the administrator
containing the following information: (1) name and physical description of the
offender; (2) the offender's conviction history, including the dates of
conviction; (3) the risk level classification assigned to the offender under
section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to
144.58, if a health care facility that receives notice under
this subdivision that a predatory offender has been admitted to the facility
a fact sheet under paragraph (c) that includes a risk level classification for
the offender, and if the facility admits the offender, the facility shall notify
other distribute the fact sheet to all residents at the facility of
this fact. If the facility
determines that notice distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the
facility shall notify distribute the fact sheet to the patient's
next of kin or emergency contact.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10. Minnesota Statutes
2005 Supplement, section 243.166, subdivision 6, is amended to read:
Subd. 6. Registration period. (a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d),
a person required to register under this section shall continue to comply with
this section until ten years have elapsed since the person initially registered
in connection with the offense, or until the probation, supervised release, or
conditional release period expires, whichever occurs later. For a person required to register under this
section who is committed under section 253B.18 or 253B.185, the ten-year
registration period does not include the period of commitment.
(b) If a person required to register under this section fails
to provide the person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a, fails to provide
information as required by subdivision 4a, or fails to return the verification
form referenced in subdivision 4 within ten days, the commissioner of public
safety may require the person to continue to register for an additional period
of five years. This five-year period is
added to the end of the offender's registration period.
(c) If a person required to register under this section is
subsequently incarcerated following a conviction for a new offense or following
a revocation of probation, supervised release, or conditional release for any
offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's
probation, supervised release, or conditional release period expires, whichever
occurs later.
(d) A person shall continue to comply with this section for
the life of that person:
(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under subdivision 1b, or any
offense from another state or any federal offense similar to the offenses
described in subdivision 1b, and the person has a prior conviction or
adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal
offense similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under section 609.185,
clause (2), or a similar statute from another state or the United States;
(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1, paragraph (a),
(c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph (a), (c), (d),
(e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from another state or
the United States similar to the offenses described in this clause; or
(4)
if the person is required to register under subdivision 1b, paragraph (c),
following commitment pursuant to a court commitment under section 253B.185 or a
similar law of another state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who
is required to register under the laws of a state in which the person has been
previously convicted or adjudicated delinquent, shall register under this
section for the time period required by the state of conviction or adjudication
unless a longer time period is required elsewhere in this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to offenders residing
in Minnesota on or after that date.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 244.052, subdivision 4, is amended to read:
Subd. 4. Law enforcement agency; disclosure of
information to public. (a) The law
enforcement agency in the area where the predatory offender resides, expects to
reside, is employed, or is regularly found, shall disclose to the public any
information regarding the offender contained in the report forwarded to the
agency under subdivision 3, paragraph (f), that is relevant and necessary to
protect the public and to counteract the offender's dangerousness, consistent
with the guidelines in paragraph (b).
The extent of the information disclosed and the community to whom
disclosure is made must relate to the level of danger posed by the offender, to
the offender's pattern of offending behavior, and to the need of community
members for information to enhance their individual and collective safety.
(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under this subdivision:
(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the agency and may
disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any victims of
or witnesses to the offense committed by the offender. The agency shall disclose the information to
victims of the offense committed by the offender who have requested disclosure
and to adult members of the offender's immediate household;
(2) if the offender is assigned to risk level II, the agency
also may disclose the information to agencies and groups that the offender is
likely to encounter for the purpose of securing those institutions and
protecting individuals in their care while they are on or near the premises of
the institution. These agencies and
groups include the staff members of public and private educational institutions,
day care establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender. The agency also may disclose the information
to individuals the agency believes are likely to be victimized by the offender. The agency's belief shall be based on the
offender's pattern of offending or victim preference as documented in the
information provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the agency
shall disclose the information to the persons and entities described in clauses
(1) and (2) and to other members of the community whom the offender is likely
to encounter, unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited disclosure is
necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk
level II or III, a law enforcement agency may not make the disclosures
permitted or required by clause (2) or (3), if:
the offender is placed or resides in a residential facility. However, if an offender is placed or resides
in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and
the head of the facility shall notify the commissioner of corrections or the
commissioner of human services of the offender's likely residence at least 14
days before the offender's scheduled release date. The commissioner shall give this information
to the law enforcement agency having jurisdiction over the offender's likely
residence. The head of the residential
facility also shall
notify the commissioner of corrections or human services within 48 hours after
finalizing the offender's approved relocation plan to a permanent
residence. Within five days after
receiving this notification, the appropriate commissioner shall give to the
appropriate law enforcement agency all relevant information the commissioner
has concerning the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was assigned. After receiving this information, the law
enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3),
"likely to encounter" means that:
(1) the organizations or community members are in a location
or in close proximity to a location where the offender lives or is employed, or
which the offender visits or is likely to visit on a regular basis, other than
the location of the offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the offender is
reasonably certain.
(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith effort to make the
notification within 14 days of receipt of a confirmed address from the
Department of Corrections indicating that the offender will be, or has been,
released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this
notification provision does not require an extension of the release date.
(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the identity or any
identifying characteristics of the victims of or witnesses to the offender's
offenses.
(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for as long as the
offender is required to register under section 243.166. This requirement on a law enforcement agency
to continue to disclose information also applies to an offender who lacks a
primary address and is registering under section 243.166, subdivision 3a.
(g) A law enforcement agency that is disclosing information on
an offender assigned to risk level III to the public under this subdivision
shall inform the commissioner of corrections what information is being
disclosed and forward this information to the commissioner within two days of
the agency's determination. The
commissioner shall post this information on the Internet as required in
subdivision 4b.
(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented in languages in
addition to English. The policy may
address when information must be presented orally, in writing, or both in
additional languages by the law enforcement agency disclosing the
information. The policy may provide for
different approaches based on the prevalence of non-English languages in
different neighborhoods.
(i) An offender who is the subject of a community notification
meeting held pursuant to this section may not attend the meeting.
(j) When a school, day care facility, or other entity or
program that primarily educates or serves children receives notice under
paragraph (b), clause (3), that a level III predatory offender resides or works
in the surrounding community, notice to parents must be made as provided in
this paragraph. If the predatory
offender identified in the notice is participating in programs offered by the
facility that require or allow the person to interact with children other than
the person's children, the principal or head of the entity must notify parents
with children at the facility of the contents of the notice received pursuant
to this section. The immunity provisions
of subdivision 7 apply to persons disclosing information under this paragraph.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
12. [299A.85]
DEATH SCENE INVESTIGATIONS.
(a) The Department of Public Safety shall provide information
to local law enforcement agencies about best practices for handling death scene
investigations.
(b) The Department of Public Safety shall identify any
publications or training opportunities that may be available to local law
enforcement agencies or law enforcement officers concerning the handling of
death scene investigations.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 13. [299C.156] FORENSIC LABORATORY ADVISORY
BOARD.
Subdivision 1.
Membership. (a) The Forensic Laboratory Advisory Board
consists of the following:
(1) the superintendent of the Bureau of Criminal Apprehension
or the superintendent's designee;
(2) the commissioner of public safety or the commissioner's
designee;
(3) the commissioner of corrections or the commissioner's
designee;
(4) an individual with expertise in the field of forensic
science, selected by the governor;
(5) an individual with expertise in the field of forensic
science, selected by the attorney general;
(6) a faculty member of the University of Minnesota, selected
by the president of the university;
(7) the state public defender or a designee;
(8) a prosecutor, selected by the Minnesota County Attorneys
Association;
(9) a sheriff, selected by the Minnesota Sheriffs
Association;
(10) a police chief, selected by the Minnesota Chiefs of
Police Association;
(11) a judge or court administrator, selected by the chief
justice of the Supreme Court; and
(12) a criminal defense attorney, selected by the Minnesota
State Bar Association.
(b) The board shall select a chair from among its members.
(c) Board members serve four-year terms and may be
reappointed.
(d) The board may employ staff necessary to carry out its
duties.
Subd. 2. Duties. The board may:
(1) develop and implement a reporting system through which
laboratories, facilities, or entities that conduct forensic analyses report
professional negligence or misconduct that substantially affects the integrity
of the forensic results committed by employees or contractors;
(2)
encourage all laboratories, facilities, or entities that conduct forensic
analyses to report professional negligence or misconduct that substantially
affects the integrity of the forensic results committed by employees or
contractors to the board;
(3) investigate, in a timely manner, any allegation of
professional negligence or misconduct that would substantially affect the
integrity of the results of a forensic analysis conducted by a laboratory,
facility, or entity; and
(4) encourage laboratories, facilities, and entities that
conduct forensic analyses to become accredited by the American Society of Crime
Laboratory Directors/Laboratory Accreditation Board (ALCLD/LAB) or other
appropriate accrediting body and develop and implement a process for those
entities to report their accreditation status to the board.
Subd. 3. Investigations. (a) An investigation under subdivision 2,
clause (3):
(1) may include the preparation of a written report that
identifies and describes the methods and procedures used to identify:
(i) the alleged negligence or misconduct;
(ii) whether negligence or misconduct occurred; and
(iii) any corrective action required of the laboratory,
facility, or entity; and
(2) may include one or more:
(i) retrospective reexaminations of other forensic analyses
conducted by the laboratory, facility, or entity that may involve the same kind
of negligence or misconduct; and
(ii) follow-up evaluations of the laboratory, facility, or
entity to review:
(A) the implementation of any corrective action required
under clause (1), item (iii); or
(B) the conclusion of any retrospective reexamination under
this clause, item (i).
(b) The costs of an investigation under this section must be
borne by the laboratory, facility, or entity being investigated.
Subd. 4. Delegation of duties. The board by contract may delegate the
duties described in subdivision 2, clauses (1) and (3), to any person or entity
that the board determines to be qualified to assume those duties.
Subd. 5. Reviews and reports are public. The board shall make all investigation
reports completed under subdivision 3, clause (1), available to the
public. A report completed under
subdivision 3, clause (1), in a subsequent civil or criminal proceeding is not
prima facie evidence of the information or findings contained in the report.
Subd. 6. Reports to legislature. By January 15 of each year, the board
shall submit any report prepared under subdivision 3, clause (1), during the
preceding calendar year to the governor and the legislature.
Subd. 7. Forensic analysis processing time period
guidelines. (a) By July 1,
2007, the board shall recommend forensic analysis processing time period
guidelines applicable to the Bureau of Criminal Apprehension and other
laboratories, facilities, and entities that conduct forensic analyses. When adopting and recommending these guidelines
and when making other related decisions, the board shall consider the goals and
priorities identified by the presidential DNA initiative. The board shall consider the feasibility of
the Bureau of Criminal Apprehension completing the processing of forensic
evidence submitted to it by sheriffs, chiefs of police, or state or local
corrections authorities.
(b) The bureau shall provide information to the board in the
time, form, and manner determined by the board and keep it informed of the most
up-to-date data on the actual forensic analysis processing turn around time
periods. By January 15 of each year, the
board shall report to the legislature on these issues, including the
recommendations made by the board to improve turnaround times.
Subd. 8. Forensic evidence processing deadline. The board may recommend reasonable
standards and deadlines for the Bureau of Criminal Apprehension to test and
catalog forensic evidence samples relating to alleged crimes committed,
including DNA analysis, in their control and possession.
Subd. 9. Office space. The commissioner of public safety may
provide adequate office space and administrative services to the board.
Subd. 10. Expenses. Section 15.059 applies to the board.
Subd. 11. Definition. As used in this section, "forensic
analysis" means a medical, chemical, toxicologic, ballistic, or other
expert examination or test performed on physical evidence, including DNA
evidence, for the purpose of determining the connection of the evidence to a
criminal action.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 14. Minnesota
Statutes 2005 Supplement, section 299C.40, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply
to this section.
(b) "CIBRS" means the Comprehensive Incident-Based
Reporting System, located in the Department of Public Safety and managed by the
Bureau of Criminal Apprehension, Criminal Justice Information Systems
Section. A reference in this section to
"CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota
municipal police department, the Metropolitan Transit Police, the Metropolitan
Airports Police, the University of Minnesota Police Department, the
Department of Corrections' Fugitive Apprehension Unit, a Minnesota county
sheriff's department, the Bureau of Criminal Apprehension, or the Minnesota
State Patrol.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 15. Minnesota
Statutes 2005 Supplement, section 299C.405, is amended to read:
299C.405 SUBSCRIPTION
SERVICE.
(a) For the purposes of this section "subscription
service" means a process by which law enforcement agency personnel may
obtain ongoing, automatic electronic notice of any contacts an individual has
with any criminal justice agency.
(b) The Department of Public Safety must not establish a
subscription service without prior legislative authorization; except that,
the Bureau of Criminal Apprehension may employ under section 299C.40 a secure
subscription service designed to promote and enhance officer safety during
tactical operations by and between federal,
state, and local law enforcement agencies by notifying law enforcement agencies
of conflicts where multiple law enforcement operations may be occurring on the
same subject or vehicle or on or near the same location. The notification may include warrant
executions, surveillance activities, SWAT activities, undercover operations,
and other investigative operations.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16. [299C.565] MISSING PERSON REPORT.
The local law enforcement agency having jurisdiction over the
location where a person has been missing or was last seen has the
responsibility to take a missing person report from an interested party. If this location cannot be clearly and easily
established, the local law enforcement agency having jurisdiction over the last
verified location where the missing person last resided has the responsibility
to take the report.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 17. Minnesota
Statutes 2005 Supplement, section 299C.65, subdivision 2, is amended to read:
Subd. 2. Task force. The policy group shall appoint a task force
to assist them in their duties. The task
force shall monitor, review, and report to the policy group on CriMNet-related
projects and provide oversight to ongoing operations as directed by the policy
group. The task force shall consist of
the following members:
(1) two sheriffs recommended by the Minnesota Sheriffs
Association;
(2) two police chiefs recommended by the Minnesota Chiefs of
Police Association;
(3) two county attorneys recommended by the Minnesota County
Attorneys Association;
(4) two city attorneys recommended by the Minnesota League of
Cities;
(5) two public defenders appointed by the Board of Public
Defense;
(6) two district judges appointed by the Conference of
Chief Judges Judicial Council, one of whom is currently assigned to
the juvenile court;
(7) two community corrections administrators recommended by
the Minnesota Association of Counties, one of whom represents a community
corrections act county;
(8) two probation officers;
(9) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business community who
have expertise in integrated information systems and who for the purpose of
meetings of the full task force may be compensated pursuant to section 15.059;
(10) two court administrators;
(11) one member of the house of representatives appointed by
the speaker of the house;
(12) one member of the senate appointed by the majority
leader;
(13) the attorney general or a designee;
(14)
two individuals recommended by the Minnesota League of Cities, one of whom
works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;
(15) two individuals recommended by the Minnesota Association
of Counties, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(16) the director of the Sentencing Guidelines Commission;
(17) one member appointed by the state chief information
officer;
(17) (18) one member appointed by the
commissioner of public safety;
(18) (19) one member appointed by the
commissioner of corrections;
(19) (20) one member appointed by the
commissioner of administration; and
(20) (21) one member appointed by the chief
justice of the Supreme Court.
In making
these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.
The commissioner of public safety may appoint additional,
nonvoting members to the task force as necessary from time to time.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18. Minnesota
Statutes 2004, section 299E.01, subdivision 2, is amended to read:
Subd. 2. Responsibilities. The division shall be responsible and
shall utilize state employees for security and public information services
in the Capitol complex of state-owned buildings and state leased to
own buildings in the Capitol area, as described in section 15B.02; it shall
provide such personnel as are required by the circumstances to insure the
orderly conduct of state business and the convenience of the public.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 19. Minnesota
Statutes 2004, section 299F.011, subdivision 5, is amended to read:
Subd. 5. Appeal policy; variance. Upon application, the state fire marshal may
grant variances from the minimum requirements specified in the code if there is
substantial compliance with the provisions of the code, the safety of the
public and occupants of such building will not be jeopardized, and undue
hardship will result to the applicant unless such variance is granted. No appeal to the state fire marshal for a
variance from orders issued by a local fire official from the Uniform
Fire Code shall be accepted until the applicant has first made application to
the local governing body and the local unit has acted on the application. The state fire marshal shall consider the
decision any decisions or recommendations of the local governing
body. Any person aggrieved by a decision
made by the fire marshal under this subdivision may proceed before the fire
marshal as with a contested case in accordance with the Administrative Procedure
Act.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
20. [299F.50]
DEFINITIONS.
Subdivision 1.
Scope. As used in sections 299F.50 to 299F.52,
the terms defined in this section have the meanings given them.
Subd. 2. Installed. "Installed" means that an
approved carbon monoxide alarm is hard-wired into the electrical wiring,
directly plugged into an electrical outlet without a switch, or, if the alarm
is battery-powered, attached to the wall of the dwelling.
Subd. 3. Single and multifamily dwelling. "Single and multifamily
dwelling" means any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Subd. 4. Dwelling unit. "Dwelling unit" means an area
meant for living or sleeping by human occupants.
Subd. 5. Approved carbon monoxide alarm. "Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is
certified by a nationally recognized testing laboratory to conform to the
latest Underwriters Laboratories Standards (known as UL2034 standards).
Subd. 6. Operational. "Operational" means working and
in service.
EFFECTIVE
DATE. This section is
effective January 1, 2007, for all newly constructed single family and
multifamily dwelling units for which building permits were issued on or after
January 1, 2007; August 1, 2008, for all existing single family dwelling units;
and August 1, 2009, for all multifamily dwelling units.
Sec. 21. [299F.51] REQUIREMENTS FOR CARBON
MONOXIDE ALARMS.
Subdivision 1.
Generally. Every single family dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational
carbon monoxide alarm installed within ten feet of each room lawfully used for
sleeping purposes.
Subd. 2. Owner's duties. The owner of a multifamily dwelling unit
which is required to be equipped with one or more approved carbon monoxide
alarms must:
(1) provide and install one approved and operational carbon
monoxide alarm within ten feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been
stolen, removed, found missing, or rendered inoperable during a prior occupancy
of the dwelling unit and which has not been replaced by the prior occupant
prior to the commencement of a new occupancy of a dwelling unit.
Subd. 3. Occupant's duties. The occupant of each dwelling unit in a
multifamily dwelling in which an approved and operational carbon monoxide alarm
has been provided and installed by the owner must:
(1) keep and maintain the device in good repair; and
(2) replace any device that is stolen, removed, missing, or
rendered inoperable during the occupancy of the dwelling unit.
Subd. 4. Battery removal prohibited. No person shall remove batteries from, or
in any way render inoperable, a required carbon monoxide alarm.
Subd.
5.
(b) An owner of a multifamily dwelling that contains minimal
or no sources of carbon monoxide may be exempted from the requirements of
subdivision 1, provided that such owner certifies to the commissioner of public
safety that such multifamily dwelling poses no foreseeable carbon monoxide risk
to the health and safety to the dwelling units.
(c) The requirements of this section do not apply to
facilities owned or operated by the state of Minnesota.
EFFECTIVE
DATE. This section is
effective January 1, 2007, for all newly constructed single family and multifamily
dwelling units for which building permits were issued on or after January 1,
2007; August 1, 2008, for all existing single family dwelling units; and August
1, 2009, for all multifamily dwelling units.
Sec. 22. Minnesota
Statutes 2004, section 525.9214, is amended to read:
525.9214 ROUTINE INQUIRY AND
REQUIRED REQUEST; SEARCH AND NOTIFICATION.
(a) If, at or near the time of death of a patient, there is
no documentation in the medical record that the patient has made or refused to
make an anatomical gift, the hospital administrator or a representative
designated by the administrator shall discuss with the patient or a relative of
the patient the option to make or refuse to make an anatomical gift and may
request the making of an anatomical gift pursuant to section 525.9211 or
525.9212. The request must be made with
reasonable discretion and sensitivity to the circumstances of the family. A request is not required if the gift is not
suitable, based upon accepted medical standards, for a purpose specified in
section 525.9215. An entry must be made
in the medical record of the patient, stating the name of the individual making
the request, and the name, response, and relationship to the patient of the person
to whom the request was made.
(b) The following persons shall make a reasonable search for
a document of gift or other information identifying the bearer as a donor or as
an individual who has refused to make an anatomical gift:
(1) a law enforcement officer, firefighter, paramedic, or other
emergency rescuer finding an individual who the searcher believes is dead or
near death;
(2) a hospital or emergency care facility, upon the admission
or presentation of an individual at or near the time of death, if there is not
immediately available any other source of that information; and
(3) a medical examiner or coroner upon receipt of a body.
(c) If a document of gift or evidence of refusal to make an
anatomical gift is located by the search required by paragraph (b), clause (1),
and the individual or body to whom it relates is taken to a hospital, the
hospital must be notified of the contents and the document or other evidence
must be sent to the hospital. If a
body is taken to a morgue, the person who discovered the body must notify the
person's dispatcher. A dispatcher
notified under this section must notify the state's federally designated organ
procurement organization and inform the organization of the deceased's name,
donor status, and location.
(d)
If, at or near the time of death of a patient, a hospital knows that an
anatomical gift has been made pursuant to section 525.9212, paragraph (a), or a
release and removal of a part has been permitted pursuant to section 525.9213,
or that a patient or an individual identified as in transit to the hospital is
a donor, the hospital shall notify the donee if one is named and known to the
hospital; if not, it shall notify an appropriate procurement organization. The hospital shall cooperate in the implementation
of the anatomical gift or release and removal of a part.
(e) A person who fails to discharge the duties imposed by
this section is not subject to criminal or civil liability.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota
Statutes 2004, section 611A.0315, is amended to read:
611A.0315 VICTIM
NOTIFICATION; DOMESTIC ASSAULT; HARASSMENT.
Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make every reasonable
effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or harassment that the prosecutor has decided to decline
prosecution of the case or to dismiss the criminal charges filed against the
defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person
designated by the victim by telephone; and (2) contacting the victim by
mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against
a person accused of domestic assault, a criminal sexual conduct offense,
or harassment, a record shall be made of the specific reasons for the
dismissal. If the dismissal is due to
the unavailability of the witness, the prosecutor shall indicate the specific
reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic
assault or harassment under this section, the prosecutor shall also inform the
victim of the method and benefits of seeking an order for protection under
section 518B.01 or a restraining order under section 609.748 and that the
victim may seek an order without paying a fee.
Subd. 2. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a) "Assault" has the meaning given it in section
609.02, subdivision 10.
(b) "Domestic assault" means an assault committed
by the actor against a family or household member.
(c) "Family or household member" has the meaning
given it in section 518B.01, subdivision 2.
(d) "Harassment" means a violation of section
609.749.
(e) "Criminal sexual conduct offense" means a
violation of sections 609.342 to 609.3453.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 24. Minnesota
Statutes 2004, section 624.22, subdivision 8, is amended to read:
Subd. 8. Suspension, revocation, or refusal to renew
certification. (a) The state
fire marshal may suspend, revoke, or refuse to renew certification of an
operator if the operator has:
(1) submitted a fraudulent application;
(2)
caused or permitted a fire or safety hazard to exist or occur during the
storage, transportation, handling, preparation, or use of fireworks;
(3) conducted a display of fireworks without receipt of a
permit required by the state or a political subdivision;
(4) conducted a display of fireworks with assistants who were
not at least 18 years of age, properly instructed, and continually supervised;
or
(5) otherwise failed to comply with any federal or state law
or regulation, or the guidelines, relating to fireworks.
(b) Any person aggrieved by a decision made by the state fire
marshal under this subdivision may petition the state fire marshal in writing
to reconsider the decision. The state
fire marshal shall render a decision in writing within 30 days of receipt of
the written request for reconsideration.
Following reconsideration, the person may appeal the decision to the
district court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 25. Laws 2005,
chapter 136, article 1, section 13, subdivision 3, is amended to read:
Subd. 3.
Community Services 103,556,000 103,369,000
Summary by
Fund
General Fund 103,456,000 103,269,000
Special
Revenue 100,000 100,000
SHORT-TERM
OFFENDERS. $1,207,000 each year is for costs associated with the housing
and care of short-term offenders. The
commissioner may use up to 20 percent of the total amount of the appropriation
for inpatient medical care for short-term offenders with less than six months
to serve as affected by the changes made to Minnesota Statutes, section
609.105, in 2003. All funds remaining at
the end of the fiscal year not expended for inpatient medical care shall be
added to and distributed with the housing funds. These funds shall be distributed
proportionately based on the total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a state correctional facility at
the discretion of the commissioner.
The Department of Corrections is
exempt from the state contracting process for the purposes of Minnesota
Statutes, section 609.105, as amended by Laws 2003, First Special Session
chapter 2, article 5, sections 7 to 9.
GPS
MONITORING OF SEX OFFENDERS. $500,000 the
first year and $162,000 the second year are for the acquisition and service of
bracelets equipped with tracking devices designed to track and monitor the
movement and location of criminal offenders.
The commissioner shall use the bracelets to monitor high-risk sex
offenders who are on supervised release, conditional release, parole, or
probation to help ensure that the offenders do not violate conditions of their
release or probation.
END
OF CONFINEMENT REVIEWS.
COMMUNITY
SURVEILLANCE AND SUPERVISION. $1,370,000
each year is to provide housing options to maximize community surveillance and
supervision.
INCREASE IN INTENSIVE SUPERVISED RELEASE SERVICES. $1,800,000
each year is to increase intensive supervised release services.
SEX
OFFENDER ASSESSMENT REIMBURSEMENTS. $350,000
each year is to provide grants to reimburse counties or their
designees, or courts for reimbursements for sex offender assessments
as required under Minnesota Statutes, section 609.3452, subdivision 1, which is
being renumbered as section 609.3457.
SEX
OFFENDER TREATMENT AND POLYGRAPHS. $1,250,000
each year is to provide treatment for sex offenders on community supervision
and to pay for polygraph testing.
INCREASED
SUPERVISION OF SEX OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000
each year is for the increased supervision of sex offenders and other violent
offenders, including those convicted of domestic abuse. These appropriations may not be used to
supplant existing state or county probation officer positions.
The commissioner shall distribute
$1,050,000 in grants each year to Community Corrections Act counties and
$450,000 each year to the Department of Corrections Probation and Supervised
Release Unit. The commissioner shall
distribute the funds to the Community Corrections Act counties according to the
formula contained in Minnesota Statutes, section 401.10.
Prior to the distribution of these
funds, each Community Corrections Act jurisdiction and the Department of
Corrections Probation and Supervised Release Unit shall submit to the
commissioner an analysis of need along with a plan to meet their needs and
reduce the number of sex offenders and other violent offenders, including domestic
abuse offenders, on probation officer caseloads.
COUNTY
PROBATION OFFICERS. $500,000
each year is to increase county probation officer reimbursements.
INTENSIVE
SUPERVISION AND AFTERCARE FOR CONTROLLED SUBSTANCES OFFENDERS; REPORT.
REPORT ON
ELECTRONIC MONITORING OF SEX OFFENDERS. By March 1,
2006, the commissioner shall report to the chairs and ranking minority members
of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding on implementing an
electronic monitoring system for sex offenders who are under community
supervision. The report must address the
following:
(1) the advantages and
disadvantages in implementing this system, including the impact on public
safety;
(2) the types of sex offenders who
should be subject to the monitoring;
(3) the time period that offenders
should be subject to the monitoring;
(4) the financial costs associated
with the monitoring and who should be responsible for these costs; and
(5) the technology available for
the monitoring.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 26. RICHFIELD DISABLED FIREFIGHTER HEALTH
CARE ELIGIBILITY REVIEW.
Subdivision 1.
Authorization. An eligible individual specified in
subdivision 2 is authorized to have a review of health care coverage
eligibility as specified in subdivision 3.
Subd. 2.
Eligibility. An eligible person is an individual who:
(1) was a member of the Public Employees Retirement
Association police and fire plan due to employment as a firefighter with the
city of Richfield;
(2) became disabled and was granted a duty-related
disability benefit from the Public Employees Retirement Association police and
fire plan on November 20, 2002; and
(3)
is not receiving employer-paid health care coverage under the program
established by Minnesota Statutes, section 299A.465, due to a determination by
the city of Richfield that the individual does not satisfy all eligibility
requirements for inclusion under that program.
Subd. 3.
Treatment. Notwithstanding that the disability
benefit was granted before the creation of the review panel, and
notwithstanding Minnesota Statutes, section 299A.465, subdivision 6, which
requires that applications for review by the panel created under that section
be submitted to the panel within 90 days of approval of a disability benefit
application by the applicable retirement plan, an eligible individual under
subdivision 2 may submit an application to the panel within 90 days of the
effective date of this section. The
panel shall make a determination of whether the firefighter meets the
requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph
(a), clause (2). The panel's final
determination is binding on the applicant and the employer, subject to any
right of judicial review.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. MISSING ADULTS MODEL POLICY.
The superintendent of the Bureau of Criminal
Apprehension, in consultation with the Minnesota Sheriffs Association and the
Minnesota Chiefs of Police Association, shall develop a model policy to address
law enforcement efforts and duties regarding missing adults and provide
training to local law enforcement agencies on this model policy.
By February 1, 2007, the superintendent shall report
to the chairs and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice policy and funding on
the model policy and training.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE 4
CORRECTIONS
Section 1.
Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to
read:
Subdivision 1. Unclassified positions. Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an
elective office;
(2) heads of agencies required by law to be appointed
by the governor or other elective officers, and the executive or administrative
heads of departments, bureaus, divisions, and institutions specifically
established by law in the unclassified service;
(3) deputy and assistant agency heads and one
confidential secretary in the agencies listed in subdivision 1a and in the
Office of Strategic and Long-Range Planning;
(4) the confidential secretary to each of the elective
officers of this state and, for the secretary of state and state auditor, an
additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of
public safety to assist in the issuance of vehicle licenses;
(6)
employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the
state of Minnesota;
(8) employees of the legislature and of legislative
committees or commissions; provided that employees of the Legislative Audit
Commission, except for the legislative auditor, the deputy legislative
auditors, and their confidential secretaries, shall be employees in the
classified service;
(9) presidents, vice-presidents, deans, other managers
and professionals in academic and academic support programs, administrative or
service faculty, teachers, research assistants, and student employees eligible
under terms of the federal Economic Opportunity Act work study program in the
Perpich Center for Arts Education and the Minnesota State Colleges and
Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the
business administration of these institutions;
(10) officers and enlisted persons in the National
Guard;
(11) attorneys, legal assistants, and three
confidential employees appointed by the attorney general or employed with the
attorney general's authorization;
(12) judges and all employees of the judicial branch,
referees, receivers, jurors, and notaries public, except referees and adjusters
employed by the Department of Labor and Industry;
(13) members of the State Patrol; provided that
selection and appointment of State Patrol troopers must be made in accordance
with applicable laws governing the classified service;
(14) chaplains employed by the state;
(15) examination monitors and
intermittent training instructors employed by the Departments of Employee
Relations and Commerce and by professional examining boards and intermittent
staff employed by the technical colleges for the administration of practical
skills tests and for the staging of instructional demonstrations;
(16) (15) student
workers;
(17) (16) executive
directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;
(18) (17) employees
unclassified pursuant to other statutory authority;
(19) (18) intermittent
help employed by the commissioner of agriculture to perform duties relating to
pesticides, fertilizer, and seed regulation;
(20) (19) the
administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and
(21) (20) chief
executive officers in the Department of Human Services.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
2. Minnesota Statutes 2004, section
144.445, subdivision 1, is amended to read:
Subdivision 1. Screening of inmates. (a) All persons detained or confined
for 14 consecutive days or more in facilities operated, licensed, or inspected
by the Department of Corrections shall be screened for tuberculosis with either
a Mantoux test or a chest roentgenogram (x-ray) as consistent with screening
and follow-up practices recommended by the United States Public Health Service
or the Department of Health, as determined by the commissioner of health. Administration of the Mantoux test or chest
roentgenogram (x-ray) must take place on or before the 14th day of detention or
confinement.
(b) If an inmate refuses to submit to an annual test as
specified in paragraph (a), the commissioner of corrections may order the
inmate to be tested.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3.
Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to
read:
Subdivision 1. Biennial report. (a) The Department of Corrections shall
submit a performance report to the chairs and ranking minority members of the
senate and house committees and divisions having jurisdiction over criminal
justice funding by January 15, 2005, and every other year thereafter. The issuance and content of the report must
include the following:
(1) department strategic mission, goals, and
objectives;
(2) the department-wide per diem, adult
facility-specific per diems, and an average per diem, reported in a standard
calculated method as outlined in the departmental policies and procedures; and
(3) department annual statistics as outlined in the
departmental policies and procedures; and
(4) information about prison-based mental health
programs, including, but not limited to, the availability of these programs,
participation rates, and completion rates.
(b) The department shall maintain recidivism rates for
adult facilities on an annual basis. In
addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described
in paragraph (a). When appropriate, the
recidivism analysis must include education programs, vocational programs,
treatment programs, including mental health programs, industry, and
employment. In addition, when
reporting recidivism for the department's adult and juvenile facilities, the
department shall report on the extent to which offenders it has assessed as
chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment
programs.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. [241.0222] CONTRACTS WITH NEWLY
CONSTRUCTED JAIL FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY
TREATMENT PROGRAMS.
Notwithstanding section 16C.05, subdivision 2, the
commissioner may enter into contracts, up to five years in duration, with a
county or group of counties to house inmates committed to the custody of the
commissioner in newly constructed county or regional jail facilities that
provide inmates access to chemical dependency treatment programs licensed by
the Department of Human Services. A
contract entered into under this section may contain an option to renew the contract
for a term of up to five years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
5. Minnesota Statutes 2005 Supplement,
section 241.06, is amended by adding a subdivision to read:
Subd. 3.
Substance abuse information
provided to supervising corrections agency.
When an offender is being released from prison, the commissioner
shall provide to the corrections agency that will supervise the offender prison
records relating to that offender's prison-based substance abuse assessments,
treatment, and any other substance abuse-related services provided to the
offender. If the offender did not
participate in the prison-based substance abuse program to which the offender
was directed, the commissioner shall provide the supervising agency with an
explanation of the reasons.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6. [241.105] SOCIAL SECURITY ADMINISTRATION
INCENTIVE PAYMENTS; INMATE DISCHARGE PLANNING.
Money received by the commissioner of corrections from
the Social Security Administration as a result of the incentive payment
agreement under the Personal Responsibility and Work Opportunity Reconciliation
Act, Public Law 104-193, section 1611(e)(1), and Public Law 106-170, section
202(x)(3), is appropriated to the commissioner of corrections for discharge
planning for inmates with mental illness.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 7. [241.40] PERIODIC REVIEWS OF SUBSTANCE
ABUSE ASSESSMENT PROCESS.
By January 15, 2007, and at least once every three
years thereafter, the commissioner shall ensure that an outside entity conducts
an independent review of the department's prison-based substance abuse
assessment activities.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8. [241.415] RELEASE PLANS; SUBSTANCE
ABUSE.
The commissioner shall cooperate with community-based
corrections agencies to determine how best to address the substance abuse
treatment needs of offenders who are being released from prison. The commissioner shall ensure that an offender's
prison release plan adequately addresses the offender's needs for substance
abuse assessment, treatment, or other services following release, within the
limits of available resources.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9. [241.416] SUBSTANCE ABUSE PROGRAMS;
RECORD KEEPING.
The commissioner shall keep adequate records regarding
inmate participation in substance abuse treatment programs. For inmates who did not comply with
directives to participate in substance abuse treatment programs, these records
must include the reasons why the inmate did not do so.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10. [241.75] INMATE HEALTH CARE DECISIONS.
Subdivision 1.
Definitions. (a) Except as provided in paragraph (b),
the definitions in chapter 145C apply to this section.
(b)
"Health care" means any care, treatment, service, or procedure to
maintain, diagnose, or otherwise affect a person's physical or mental
condition.
Subd. 2.
Health care decisions. The medical director of the Department of
Corrections may make a health care decision for an inmate incarcerated in a
state correctional facility if the inmate's attending physician determines that
the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent
designated by the inmate or the health care agent is not reasonably available
to make the health care decision;
(2) if there is a documented health care directive,
the decision is consistent with that directive;
(3) the decision is consistent with reasonable medical
practice and other applicable law; and
(4) the medical director has made a good-faith attempt
to consult with the inmate's next of kin or emergency contact person in making
the decision, to the extent those persons are reasonably available.
Subd. 3.
Disagreement regarding health
care; guardianship petition. If
the medical director consults with an inmate's next of kin under subdivision 2,
clause (4), and the inmate's next of kin and the medical director are not in
agreement with respect to a health care decision, the commissioner may bring a
petition under section 524.5-303 for appointment of a guardian with authority
to make health care decisions for the inmate.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11.
Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is
amended to read:
Subd. 10. Notice.
Upon receiving an offender's petition for release under subdivision 2,
the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court.
The commissioner shall give the authority and court a reasonable
opportunity to comment on the offender's potential release. If the authority or court elects to
comment, the comments must specify the reasons for the authority or court's
position. This subdivision applies
only to offenders sentenced before July 1, 2005.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12.
Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, is
amended to read:
Subd. 11. Sunset.
This section expires July 1, 2007 2009.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 13.
Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to
read:
Subd. 2. Imposition of fee. When a court sentences places a
person convicted of a crime, and places the person under the supervision
and control of a local correctional agency, that agency may collect a local
correctional fee based on the local correctional agency's fee schedule adopted
under section 244.18.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
14. Minnesota Statutes 2005 Supplement,
section 609.3455, subdivision 8, is amended to read:
Subd. 8. Terms of conditional release; applicable to
all sex offenders. (a) The
provisions of this subdivision relating to conditional release apply to all sex
offenders sentenced to prison for a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3453. Except as
provided in this subdivision, conditional release of sex offenders is governed
by provisions relating to supervised release.
The commissioner of corrections may not dismiss an offender on
conditional release from supervision until the offender's conditional release
term expires.
(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified in section
244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall
develop a plan to pay the cost of treatment of a person released under this
subdivision. The plan may include
co-payments from offenders, third-party payers, local agencies, or other
funding sources as they are identified.
This section does not require the commissioner to accept or retain an
offender in a treatment program. Before
the offender is placed on conditional release, the commissioner shall notify
the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also shall make reasonable
efforts to notify the victim of the offender's crime of the terms of the
offender's conditional release. If the
offender fails to meet any condition of release, the commissioner may revoke
the offender's conditional release and order that the offender serve all or a
part of the remaining portion of the conditional release term in prison.
EFFECTIVE
DATE. This section is
effective August 1, 2006.
Sec. 15.
Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to
read:
Subd. 3. Continuation of employment. If the person committed under this section
has been regularly employed, the sheriff shall arrange for a continuation of
the employment insofar as possible without interruption. If the person is not employed, the court may
designate a suitable person or agency to make reasonable efforts to secure some
suitable employment for that person. An inmate
employed under this section must be paid a fair and reasonable wage for work
performed and must work at fair and reasonable hours per day and per week. There must not be a fee or charge for the
inmate to participate in any employment under this section if the inmate is
paying for the cost of the inmate's maintenance under subdivision 5.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16. TRANSITION.
The incumbent of a position that is transferred from
the unclassified to the classified service under section 1 is appointed to the
newly classified position.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 17. SUBSTANCE ABUSE TREATMENT;
RECOMMENDATIONS, REPORT.
(a) The commissioner of corrections shall make recommendations
to:
(1) improve the availability of prison-based substance
abuse treatment programming and related services; and
(2) better ensure that offenders released from prison
receive appropriate community-based substance abuse treatment and services.
These
recommendations must include an estimate of the financial costs associated with
implementing them.
(b)
The commissioner shall recommend changes in prison-based programs or release
plans to improve the postprison release outcomes of:
(1) inmates who are directed to complete prison-based
short-term substance abuse programs; and
(2) inmates who fail the prison-based substance abuse
programs they start.
(c) By January 15, 2007, the commissioner shall report
to the chairs and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice policy and funding on
the commissioner's recommendations under paragraphs (a) and (b).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 5
COURTS
Section 1.
Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to
read:
Subdivision 1. Definition. As used in this section "court services
data" means data that are created, collected, used or maintained by a
court services department, parole or probation authority, correctional agency,
or by an agent designated by the court to perform studies or other duties and
that are on individuals who are or were defendants, parolees or probationers of
a municipal, district or county court, participants in diversion
programs, petitioners or respondents to a family court, or juveniles
adjudicated delinquent and committed, detained prior to a court hearing or
hearings, or found to be dependent or neglected and placed under the supervision
of the court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 2.
Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to
read:
Subd. 2. General. Unless the data is summary data or a statute,
including sections 609.115 and 257.70, specifically provides a different
classification, the following court services data are classified as private
pursuant to section 13.02, subdivision 12:
(a) Court services data on individuals gathered at the
request of a municipal, district or county court to determine the
need for any treatment, rehabilitation, counseling, or any other need of a
defendant, parolee, probationer, or participant in a diversion program, and
used by the court to assist in assigning an appropriate sentence or other
disposition in a case;
(b) Court services data on petitioners or respondents
to a family court gathered at the request of the court for purposes of, but not
limited to, individual, family, marriage, chemical dependency and marriage
dissolution adjustment counseling, including recommendations to the court as to
the custody of minor children in marriage dissolution cases;
(c) Court services data on individuals gathered by
psychologists in the course of providing the court or its staff with
psychological evaluations or in the course of counseling individual clients
referred by the court for the purpose of assisting them with personal conflicts
or difficulties.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
3. Minnesota Statutes 2004, section
16D.04, subdivision 2, is amended to read:
Subd. 2. Agency participation. (a) A state referring agency
may, at its option, refer debts to the commissioner for collection. The ultimate responsibility for the debt,
including the reporting of the debt to the commissioner of finance and the
decision with regard to the continuing collection and uncollectibility of the
debt, remains with the referring state agency.
(b) When a debt owed to a state agency becomes 121 days
past due, the state agency must refer the debt to the commissioner for
collection. This requirement does not
apply if there is a dispute over the amount or validity of the debt, if the
debt is the subject of legal action or administrative proceedings, or the
agency determines that the debtor is adhering to acceptable payment
arrangements. The commissioner, in
consultation with the commissioner of finance, may provide that certain types
of debt need not be referred to the commissioner for collection under this
paragraph. Methods and procedures for
referral must follow internal guidelines prepared by the commissioner of
finance.
(c) If the referring agency is a court, the court must
furnish a debtor's Social Security number to the commissioner when the court
refers the debt.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4.
Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to
read:
Subd. 3. Order.
Upon finding that the applicant is authorized to exercise fiduciary
powers, the district court shall enter an order substituting the applicant bank
or trust company in every fiduciary capacity held by the affiliated bank or
other bank or trust company for which substitution is sought and which joined
in the application, except as may be otherwise specified in the application,
and except for fiduciary capacities in any account with respect to which a
person beneficially interested in the account has filed objection to the
substitution and has appeared and been heard in support of the objection. Upon entry of the order, or at a later date
as may be specified in the order, the applicant bank or trust company is
substituted in every fiduciary capacity to which the order extends. The substitution may be made a matter of
record in any county of this state by filing a certified copy of the order of
substitution in the office of the court administrator of a district or
county court, or by filing a certified copy of the order in the office of
the county recorder.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5.
Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to
read:
Subd. 13. Violation of provision for stopping train
at crossing. Upon the complaint of
any person, a company operating a railroad violating section 219.93 shall
forfeit not less than $20 nor more than $100 to be recovered in a civil action
before a county or municipal judge of the county in which the violation
occurs. One-half of the forfeiture must
go to the complainant and one-half to the school district where the violation
occurs.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6.
Minnesota Statutes 2005 Supplement, section 270C.545, is amended to
read:
270C.545
FEDERAL TAX REFUND OFFSET FEES; TIME LIMIT FOR SUBMITTING CLAIMS FOR OFFSET.
For fees charged by the Department of the Treasury of
the United States for the offset of federal tax refunds that are deducted from
the refund amounts remitted to the commissioner, the unpaid debts of the
taxpayers whose refunds are being offset to satisfy the debts are reduced only
by the actual amount of the refund payments received by the commissioner. Notwithstanding any other provision of law to
the contrary, a claim for the offset of a federal tax
refund must be submitted to the Department of the Treasury of the United States
within ten years after the date of the assessment of the tax owed by the
taxpayer whose refund is to be offset to satisfy the debt. For court debts referred to the
commissioner under section 16D.04, subdivision 2, paragraph (a), the federal
refund offset fees are deducted as provided in this section, but the ten-year
time limit prescribed in this section for tax debts does not apply.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7.
Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to
read:
Subdivision 1. Notice; appraisers. The person distraining shall give notice to
the owner of the beast, if known to the distrainer, within 24 hours if the
owner resides in the same town, and within 48 hours if the owner resides in
another town in the same county, Sundays excepted. The notice shall specify the time when and
the place where distrained, the number of beasts, and the place of their
detention, and that at a time and place stated therein, which shall not be less
than 12 hours after the service of the notice, nor more than three days after
the distress, the distrainer will apply to a designated county or municipal
judge of the county for the appointment of appraisers to appraise the
damages. If the owner is unknown or does
not reside in the county, the distraining person shall apply for the
appointment of appraisers within 24 hours after the distress without notice. After the application, the judge shall appoint
three disinterested residents of the town to appraise the damages.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8.
Minnesota Statutes 2004, section 347.04, is amended to read:
347.04
PUBLIC NUISANCE.
Any dog that habitually worries, chases, or molests
teams or persons traveling peaceably on the public road is a public
nuisance. Upon complaint in writing to a
county or municipal district court judge containing a description
of the dog, including the name of the dog and its owner, or stating that the
name or names are not known, and alleging that the dog is a public nuisance,
the judge shall issue a summons, if the owner is known, commanding the owner to
appear before the judge at a specified time, not less than six nor more than ten
days from the date of the summons, to answer the complaint. The summons shall be served not less than six
days before the day of the hearing in the same manner as other district court
summonses.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 9.
Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to
read:
Subdivision 1. Appointment by with
the court administrator within 15 days a written acceptance shall be deemed to
have declined the appointment and the place shall be filled as though the
appointee had resigned. Vacancies in the
commission shall be filled as in the case of original appointments. The county board, the commission, or the
petitioners requesting the appointment of the commission may submit to the
appointing judge the names of eligible nominees which the appointing judge may
consider in making appointments to the commission. county district
judge. A county government study
commission hereinafter called "the commission" may be established in
any county as provided in this section to study the form and structure of
county government in the county and other counties both within and outside this
state and, if deemed advisable by the commission, recommend to the voters of
the county the adoption of any of the optional forms of county government
contained in sections 375A.01 to 375A.13.
The commission shall be established upon presentation of a petition
requesting such action signed by voters equal in number to five percent of the
electors voting at the last previous election for the office of governor or a
resolution of the board of county commissioners of the county requesting such
action. Appointments to the commission
shall be made by order filed with the court administrator of the district court
of the county and shall be made by the senior county judge having
chambers in the county. If there be no
judge having chambers in the county, appointments shall be made by the chief
judge of the judicial district. The
number on the study commission shall be set by the appointing judge but not to
exceed 15. A noncommissioner from each
commissioner district shall be appointed to a study commission. In addition three members shall be county commissioners
and two shall be elected county officials.
An appointee who neglects to file
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10.
Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to
read:
Subd. 2. May relocate Bloomington court. Notwithstanding the provisions of section
488A.01, subdivision 9, the county of Hennepin may relocate the municipal
district court serving the city of Bloomington and thereupon shall provide
suitable quarters for the holding of regular terms of court in a southern
suburban location within the county as may be designated by a majority of the
judges of the court. All functions of
the court may be discharged, including both court and jury trials of civil and
criminal matters, at the location designated pursuant to this section. Nothing in this section shall be construed to
reduce the level of services to the residents of the city of Bloomington.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11.
Minnesota Statutes 2004, section 390.20, is amended to read:
390.20
PERSON CHARGED ARRESTED.
If any person charged by the inquest with having
committed the offense is not in custody, the coroner shall have the same power
as a county or municipal district court judge to issue process
for the person's apprehension. The
warrant shall be returnable before any court having jurisdiction in the case
and the court shall proceed as in similar cases.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12.
Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to
read:
Subd. 2. Subpoena power. The judge exercising probate jurisdiction may
issue subpoenas for witnesses, returnable immediately or at a time and place
the judge directs. The persons served
with subpoenas shall be allowed the same fees, the sheriff shall enforce their
attendance in the same manner, and they shall be subject to the same penalties
as if they had been served with a subpoena in behalf of the state in a criminal
case before a county or municipal district court judge.
EFFECTIVE
DATE. This section is effective
July 1, 2006.
Sec. 13.
Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to
read:
Subdivision 1. State employees; compensation. (a) District court referees, judicial
officers, court reporters, law clerks, district administration staff, other
than district administration staff in the Second and Fourth Judicial Districts,
guardian ad litem program coordinators and staff, staff court interpreters in
the Second Judicial District, court psychological services staff in the Fourth
Judicial District, and other court employees under paragraph (b), are state
employees and are governed by the judicial branch personnel rules adopted by
the Supreme Court. The Supreme Court, in
consultation with the conference of chief judges Judicial Council,
shall establish the salary range of these employees under the judicial branch
personnel rules. In establishing the
salary ranges, the Supreme Court shall consider differences in the cost of
living in different areas of the state.
(b)
The court administrator and employees of the court administrator who are in the
Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court administrator and employees of the
court administrator in the remaining judicial districts become state employees
as follows:
(1) effective July 1, 2003, for the Second and Fourth
Judicial Districts;
(2) effective July 1, 2004, for the First and Third
Judicial Districts; and
(3) effective July 1, 2005, for the Sixth and Tenth
Judicial Districts.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 14.
Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to
read:
Subd. 2. Election to retain insurance and benefits;
retirement. (a) Before a person is
transferred to state employment under this section, the person may elect to do
either or both of the following:
(1) keep life insurance; hospital, medical, and dental
insurance; and vacation and sick leave benefits and accumulated time provided
by the county instead of receiving benefits from the state under the judicial
branch personnel rules; or
(2) remain a member of the Public Employees Retirement
Association or the Minneapolis employees retirement fund instead of joining the
Minnesota State Retirement System.
Employees who make an election under clause (1) remain
on the county payroll, but the state shall reimburse the county on a quarterly
basis for the salary and cost of the benefits provided by the county. The state shall make the employer
contribution to the Public Employees Retirement Association or the employer
contribution under section 422A.101, subdivision 1a, to the Minneapolis
Employees Retirement Fund on behalf of employees who make an election under
clause (2).
(b) An employee who makes an election under paragraph
(a), clause (1), may revoke the election, once, at any time, but if the
employee revokes the election, the employee cannot make another election. An employee who makes an election under
paragraph (a), clause (2), may revoke the election at any time within six
months after the person becomes a state employee. Once an employee revokes this election, the
employee cannot make another election.
(c) The Supreme Court, after consultation with the conference
of chief judges Judicial Council, the commissioner of employee
relations, and the executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement Association, shall adopt
procedures for making elections under this section.
(d) The Supreme Court shall notify all affected employees
of the options available under this section.
The executive directors of the Public Employees Retirement Association
and the Minnesota State Retirement System shall provide counseling to affected
employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
15. Minnesota Statutes 2004, section
480.182, is amended to read:
480.182
STATE ASSUMPTION OF CERTAIN COURT COSTS.
(a) Notwithstanding any law to the
contrary, the state courts will pay for the following court-related programs
and costs:
(1) court interpreter program costs, including the
costs of hiring court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization
or treatment costs, for mental commitments and related proceedings under
chapter 253B;
(4) examination costs under rule 20 of the Rules of
Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except
in appeal cases and postconviction cases handled by the Board of Public
Defense; and
(7) jury program costs, not including personnel.;
and
(b) In counties in a judicial district under section
480.181, subdivision 1, paragraph (b), the state courts shall pay the (8)
witness fees and mileage fees specified in sections 253B.23, subdivision 1;
260B.152, subdivision 2; 260C.152, subdivision 2; 260B.331, subdivision 3,
clause (a); 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012,
subdivision 5; and 627.02.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16.
Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to
read:
Subdivision 1. General. The district courts shall have original
jurisdiction in the following cases:
(1) all civil actions within their
respective districts,;
(2) in all cases of crime committed or
triable therein,;
(3) in all special proceedings not
exclusively cognizable by some other court or tribunal, and;
(4) in law and equity for the administration of
estates of deceased persons and all guardianship and incompetency proceedings;
(5) the jurisdiction of a juvenile court as provided
in chapter 260;
(6) proceedings for the management of the property of
persons who have disappeared, and actions relating thereto, as provided in
chapter 576; and
(7) in all other cases wherein such
jurisdiction is especially conferred upon them by law.
They
shall also have appellate jurisdiction in every case in which an appeal thereto
is allowed by law from any other court, officer, or body.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 17.
Minnesota Statutes 2004, section 484.011, is amended to read:
484.011
JURISDICTION IN SECOND AND FOURTH JUDICIAL DISTRICTS.
In the Second and Fourth Judicial Districts The
district court shall also be a probate court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18.
Minnesota Statutes 2004, section 484.012, is amended to read:
484.012
COURT ADMINISTRATOR OF PROBATE COURT, SECOND JUDICIAL DISTRICT.
Notwithstanding section 525.09 the judicial district
administrator in the Second Judicial District may appoint a court administrator
of the Probate Court for the district subject to the approval of the chief
judge and assistant chief judge who shall serve at the pleasure of the judges
of the district, and who shall be supervised by the judicial district
administrator, and whose salary shall be fixed by the Ramsey County Board of
Commissioners.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 19.
Minnesota Statutes 2004, section 484.45, is amended to read:
484.45
COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.
It is hereby made the duty of the board of county
commissioners of the county of St. Louis to furnish and maintain adequate
accommodations for the holding of terms of the district court at the city of
Hibbing, and the city of Virginia, proper offices for these deputies and a
proper place for the confinement and maintenance of the prisoners at the city
of Hibbing and the city of Virginia.
The county shall reimburse the court administrator
and deputies as herein provided for and the county attorney and assistants and
the district judges of the district and the official court reporter for
their traveling expenses actually and necessarily incurred in the performance
of their respective official duties.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 20.
Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to
read:
Subd. 3. Reimbursement filings. Each judge claiming reimbursement for
allowable expenses may file with the supreme court monthly and shall file not
later than 90 days after the expenses are incurred, an itemized statement,
verified by the judge, of all allowable expenses actually paid by the
judge. All statements shall be audited
by the Supreme Court and, if approved by the Supreme Court, shall be paid by
the commissioner of finance from appropriations for this purpose.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
21. Minnesota Statutes 2004, section
484.545, subdivision 1, is amended to read:
Subdivision 1. Law clerk appointments. The Each district judges
regularly assigned to hold court in each judicial district except for the
Second, Fourth, and Tenth Judicial Districts may by orders filed with the court
administrator and county auditor of each county in the district judge
may appoint a competent law clerk for every two district court judges of
the judicial district. The district
judges regularly assigned to hold court in the First and Tenth Judicial
Districts may by orders filed with the court administrator and county auditor
of each county in the district appoint a competent law clerk for each district
court judge of the district.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 22.
Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to
read:
Subd. 3. Chambers and supplies. The Board of County Commissioners of Ramsey
County shall provide suitable chambers and courtroom space, clerks,
and bailiffs, and other personnel to assist said judge, together
with necessary library, supplies, stationery and other expenses
necessary thereto. The state
shall provide referees, court reporters, law clerks, and guardian ad litem
program coordinators and staff.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 23.
Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to
read:
Subd. 3. Space; personnel; supplies. The Board of County Commissioners of Hennepin
County shall provide suitable chambers and courtroom space, clerks,
and bailiffs, and other personnel to assist said judge, together
with necessary library, supplies, stationery and other expenses
necessary thereto. The state
shall provide referees, court reporters, law clerks, and guardian ad litem
program coordinators and staff.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 24.
Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
Subdivision 1. Appointment. By November 1, 1977, The chief judge
of the judicial district in each judicial district shall appoint a single
district administrator, subject to the approval of the Supreme Court, with the
advice of the judges of the judicial district.
The district administrator shall serve at the pleasure
of a majority of the judges of the judicial district.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 25.
Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to
read:
Subd. 5. Rules.
The Supreme Court, in consultation with the conference of chief
judges, shall adopt rules to implement the expedited child support hearing
process under this section.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
26. [484.80]
LOCATION OF TRIAL RULE.
If a municipality is located in more than one county
or district, the county in which the city hall of the municipality is located
determines the county or district in which the municipality shall be deemed
located for the purposes of this chapter provided, however, that the
municipality by ordinance enacted may designate, for those purposes, some other
county or district in which a part of the municipality is located.
EFFECTIVE
DATE. This section is effective
July 1, 2006.
Sec. 27. [484.81] PLEADING; PRACTICE; PROCEDURE.
Subdivision 1.
General. Pleading, practice, procedure, and forms
in civil actions shall be governed by Rules of Civil Procedure which shall be
adopted by the Supreme Court.
Subd. 2.
Court rules. The court may adopt rules governing
pleading, practice, procedure, and forms for civil actions which are not
inconsistent with the provisions of governing statutes.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 28. [484.82] MISDEMEANOR OFFENSES.
A person who receives a misdemeanor citation shall
proceed as follows: when a fine is not
paid, the person charged must appear before the court at the time specified in
the citation. If appearance before a
misdemeanor bureau is designated in the citation, the person charged must
appear within the time specified in the citation and arrange a date for
arraignment in the district court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 29. [484.83] REINSTATEMENT OF FORFEITED
SUMS.
A district court judge may order any sums forfeited to
be reinstated and the commissioner of finance shall then refund
accordingly. The commissioner of finance
shall reimburse the court administrator if the court administrator refunds the
deposit upon a judge's order and obtains a receipt to be used as a voucher.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 30. [484.84] DISPOSITION OF FINES, FEES, AND
OTHER MONEY ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.
Subdivision 1.
Disposition of fines, fees and
other money; accounts. (a)
Except as otherwise provided within this subdivision, and except as otherwise
provided by law, the court administrator shall pay to the Hennepin county
treasurer all fines and penalties collected by the court administrator, all
fees collected by the court administrator for court administrator's services,
all sums forfeited to the court as provided in this subdivision, and all other
money received by the court administrator.
(b) The court administrator shall provide the county
treasurer with the name of the municipality or other subdivision of government
where the offense was committed and the name and official position of the
officer who prosecuted the offense for each fine or penalty, and the total
amount of fines or penalties collected for each municipality or other
subdivision of government or for the county.
(c)
At the beginning of the first day of any month the amount owing to any
municipality or county in the hands of the court administrator shall not exceed
$5,000.
(d) On or before the last day of each month the county
treasurer shall pay over to the treasurer of each municipality or subdivision
of government in Hennepin County all fines or penalties collected during the
previous month for offenses committed within such municipality or subdivision
of government, except that all such fines and penalties attributable to cases
in which the county attorney had charge of the prosecution shall be retained by
the county treasurer and credited to the county general revenue fund.
(e) Amounts represented by checks issued by the court
administrator or received by the court administrator which have not cleared by
the end of the month may be shown on the monthly account as having been paid or
received, subject to adjustment on later monthly accounts.
(f) The court administrator may receive negotiable
instruments in payment of fines, penalties, fees or other obligations as
conditional payments, and is not held accountable for this until collection in
cash is made and then only to the extent of the net collection after deduction
of the necessary expense of collection.
Subd. 2.
Fees payable to administrator. (a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to
the District Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The
fees payable to the administrator for all other services of the administrator
or the court shall be fixed by rules promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written
application.
(d) The following fees shall be taxed for all charges
filed in court where applicable:
(1) the state of Minnesota and any governmental
subdivision within the jurisdictional area of any district court herein
established may present cases for hearing before said district court;
(2) in the event the court takes jurisdiction of a
prosecution for the violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town in Hennepin County, all
fines, penalties, and forfeitures collected shall be paid over to the treasurer
of the governmental subdivision which submitted charges for prosecution under
ordinance violation and to the county treasurer in all other charges except
where a different disposition is provided by law, in which case, payment shall
be made to the public official entitled thereto.
(e) The following fees shall be taxed to the county or
to the state or governmental subdivision which would be entitled to payment of
the fines, forfeiture or penalties in any case, and shall be paid to the court
administrator for disposing of the matter.
(1) For each charge where the defendant is brought
into court and pleads guilty and is sentenced, or the matter is otherwise
disposed of without trial, $5.
(2) In arraignments where the defendant waives a
preliminary examination, $10.
(3) For all other charges where the defendant stands
trial or has a preliminary examination by the court, $15.
(f)
This paragraph applies to the distribution of fines paid by defendants without
a court appearance in response to a citation.
On or before the tenth day after the last day of the month in which the
money was collected, the county treasurer shall pay 80 percent of the fines to
the treasurer of the municipality or subdivision within the county where the
violation was committed. The remainder
of the fines shall be credited to the general revenue fund of the county.
EFFECTIVE
DATE AND SUNSET. This
section is effective July 1, 2006, and expires June 30, 2007.
Sec. 31. [484.841] DISPOSITION OF FINES, FEES,
AND OTHER MONEY ACCOUNTS; HENNEPIN COUNTY DISTRICT COURT.
Subdivision 1.
Disposition of fines, fees and
other money; accounts. (a)
Except as otherwise provided within this subdivision, and except as otherwise
provided by law, the court administrator shall pay all fines and penalties
collected by the court administrator, all fees collected by the court
administrator for court administrator's services, all sums forfeited to the
court as provided in this subdivision, and all other money received by the
court administrator to the subdivision of government entitled to it as follows
on or before the 20th day after the last day of the month in which the money
was collected. Eighty percent of all
fines and penalties collected during the previous month shall be paid to the
treasurer of the municipality or subdivision of government where the crime was
committed. The remainder of the fines
and penalties shall be credited to the general fund of the state. In all cases in which the county attorney had
charge of the prosecution, all fines and penalties shall be credited to the
state general fund.
(b) The court administrator shall identify the name of
the municipality or other subdivision of government where the offense was
committed and the total amount of fines or penalties collected for each
municipality or other subdivision of government, for the county, or for the
state.
(c) Amounts represented by checks issued by the court
administrator or received by the court administrator which have not cleared by
the end of the month may be shown on the monthly account as having been paid or
received, subject to adjustment on later monthly accounts.
(d) The court administrator may receive negotiable
instruments in payment of fines, penalties, fees or other obligations as
conditional payments, and is not held accountable for this until collection in
cash is made and then only to the extent of the net collection after deduction
of the necessary expense of collection.
Subd. 2.
Fees payable to administrator. (a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to
the District Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The
fees payable to the administrator for all other services of the administrator
or the court shall be fixed by rules promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written
application.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 32. [484.85] DISPOSITION OF FINES, FEES, AND
OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
(a) In the event the Ramsey County District Court
takes jurisdiction of a prosecution for the violation of a statute or ordinance
by the state or a governmental subdivision other than a city or town in Ramsey
County, all fines, penalties, and forfeitures collected shall be paid over to
the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision
other than a city or town
within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator
of the court for disposal of the matter.
The administrator shall deduct the fees from any fine collected for the
state of Minnesota or a governmental subdivision other than a city or town
within Ramsey County and transmit the balance in accordance with the law, and
the deduction of the total of the fees each month from the total of all the
fines collected is hereby expressly made an appropriation of funds for payment
of the fees:
(1) in all cases where the defendant is brought into
court and pleads guilty and is sentenced, or the matter is otherwise disposed
of without a trial, $5;
(2) in arraignments where the defendant waives a
preliminary examination, $10;
(3) in all other cases where the defendant stands
trial or has a preliminary examination by the court, $15; and
(4) the court shall have the authority to waive the
collection of fees in any particular case.
(b) On or before the last day of each month, the
county treasurer shall pay over to the treasurer of the city of St. Paul
two-thirds of all fines, penalties, and forfeitures collected and to the
treasurer of each other municipality or subdivision of government in Ramsey
County one-half of all fines or penalties collected during the previous month
from those imposed for offenses committed within the treasurer's municipality
or subdivision of government in violation of a statute; an ordinance; or a
charter provision, rule, or regulation of a city. All other fines and forfeitures and all fees
and costs collected by the district court shall be paid to the treasurer of
Ramsey County, who shall dispense the same as provided by law.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 33. [484.86] COURT DIVISIONS.
Subdivision 1.
Authority. Subject to the provisions of section
244.19 and rules of the Supreme Court, a court may establish a probate
division, a family court division, juvenile division, and a civil and criminal
division which shall include a conciliation court, and may establish within the
civil and criminal division a traffic and ordinance violations bureau.
Subd. 2.
Establishment. The court may establish, consistent with
Rule 23 of the Rules of Criminal Procedure, misdemeanor violations bureaus at
the places it determines.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 34. [484.87] PLEADING, PRACTICE, PROCEDURE,
AND FORMS IN CRIMINAL PROCEEDINGS.
Subdivision 1.
Right to jury trial. In any prosecution brought in a district
court in which conviction of the defendant for the offense charged could result
in imprisonment, the defendant has the right to a jury trial.
Subd. 2.
Prosecuting attorneys in
Hennepin and Ramsey Counties. In
the counties of Hennepin and Ramsey, except as otherwise provided in this
subdivision and section 388.051, subdivision 2, the attorney of the municipality
in which the violation is alleged to have occurred has charge of the
prosecution of all violations of the state laws, including violations which are
gross misdemeanors, and municipal charter provisions, ordinances, rules, and
regulations triable in the district court, and shall prepare complaints for the
violations. The county attorney has
charge of the prosecution of a violation triable in district court and shall
prepare a complaint for the violation:
(1)
if the county attorney is specifically designated by law as the prosecutor for
the particular violation charged; or
(2) if the alleged violation is of state law and is
alleged to have occurred in a municipality or other subdivision of government
whose population according to the most recent federal decennial census is less
than 2,500 and whose governing body, or the town board in the case of a town,
has accepted this clause by majority vote, and if the defendant is cited or
arrested by a member of the staff of the sheriff of Hennepin County or by a
member of the State Patrol.
Clause (2) shall not apply to a municipality or other
subdivision of government whose population according to the most recent federal
decennial census is 2,500 or more, regardless of whether or not it has
previously accepted clause (2).
Subd. 3.
Prosecuting attorneys. Except as provided in subdivision 2
and as otherwise provided by law, violations of state law that are petty
misdemeanors or misdemeanors must be prosecuted by the attorney of the
statutory or home rule charter city where the violation is alleged to have
occurred, if the city has a population greater than 600. If a city has a population of 600 or less, it
may, by resolution of the city council, and with the approval of the board of
county commissioners, give the duty to the county attorney. In cities of the first, second, and third
class, gross misdemeanor violations of sections 609.52, 609.535, 609.595,
609.631, and 609.821 must be prosecuted by the attorney of the city where the
violation is alleged to have occurred.
The statutory or home rule charter city may enter into an agreement with
the county board and the county attorney to provide prosecution services for
any criminal offense. All other petty
misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the
county attorney of the county in which the alleged violation occurred. All violations of a municipal ordinance,
charter provision, rule, or regulation must be prosecuted by the attorney for the
governmental unit that promulgated the municipal ordinance, charter provision,
rule, or regulation, regardless of its population, or by the county attorney
with whom it has contracted to prosecute these matters.
In the counties of Anoka, Carver, Dakota, Scott, and
Washington, violations of state law that are petty misdemeanors, misdemeanors,
or gross misdemeanors except as provided in section 388.051, subdivision 2,
must be prosecuted by the attorney of the statutory or home rule charter city
where the violation is alleged to have occurred. The statutory or home rule charter city may
enter into an agreement with the county board and the county attorney to
provide prosecution services for any criminal offense. All other petty misdemeanors, misdemeanors,
or gross misdemeanors must be prosecuted by the county attorney of the county
in which the alleged violation occurred.
All violations of a municipal ordinance, charter provision, rule, or
regulation must be prosecuted by the attorney for the governmental unit that
promulgated the municipal ordinance, charter provision, rule, or regulation or
by the county attorney with whom it has contracted to prosecute these matters.
Subd. 4.
Presumption of innocence;
conviction of lowest degree. In
an action or proceeding charging a violation of an ordinance of any subdivision
of government in Hennepin County, if such ordinance is the same or
substantially the same as a state law, the provisions of section 611.02 shall
apply.
Subd. 5.
Assistance of attorney
general. An attorney for a
statutory or home rule charter city in the metropolitan area, as defined in
section 473.121, subdivision 2, may request, and the attorney general may
provide, assistance in prosecuting nonfelony violations of section 609.66,
subdivision 1; 609.666; 624.713, subdivision 2; 624.7131, subdivision 11;
624.7132, subdivision 15; 624.714, subdivision 1 or 10; 624.7162, subdivision
3; or 624.7181, subdivision 2.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
35. [484.88]
COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO COUNTY.
A municipality or other subdivision of government
seeking to use the county attorney for violations enumerated in section 484.87,
subdivision 2, shall notify the county board of its intention to use the
services of the county attorney at least 60 days prior to the adoption of the
board's annual budget each year. A
municipality may enter into an agreement with the county board and the county
attorney to provide prosecution services for any criminal offense on a
case-by-case basis.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 36. [484.89] ORDER FOR PRISON RELEASE.
When a person is confined to the Hennepin County Adult
Correctional Facility and a fine is remitted or a sentence is stayed or
suspended, the person released on parole, or the release of the person secured
by payment of the fine in default of which the person was committed, the
prisoner shall not be released except upon order of the court. A written transcript of such order signed by
the court administrator and under the court's seal shall be furnished to the
superintendent of the Hennepin County Adult Correctional Facility. All cost of confinement or imprisonment in
any jail or correctional facility shall be paid by the municipality or
subdivision of government in Hennepin County in which the violation occurred,
except that the county shall pay all costs of confinement or imprisonment
incurred as a result of a prosecution of a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 37. [484.90] FEES PAYABLE TO COURT
ADMINISTRATOR.
Subdivision 1.
Fees. The fees payable to the court
administrator for the following services in petty misdemeanors or criminal
actions are governed by the following provisions:
In the event the court takes jurisdiction of a
prosecution for the violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town within the county court
district; all fines, penalties and forfeitures collected shall be paid over to
the treasurer of the governmental subdivision which submitted a case for
prosecution except where a different disposition is provided by law, in which
case payment shall be made to the public official entitled thereto. The following fees for services in petty
misdemeanor or criminal actions shall be taxed to the state or governmental
subdivision which would be entitled to payment of the fines, forfeiture or
penalties in any case, and shall be retained by the court administrator for
disposing of the matter but in no case shall the fee that is taxed exceed the
fine that is imposed. The court
administrator shall deduct the fees from any fine collected and transmit the
balance in accordance with the law, and the deduction of the total of such fees
each month from the total of all such fines collected is hereby expressly made
an appropriation of funds for payment of such fees:
(1) in all cases where the defendant pleads guilty at
or prior to first appearance and sentence is imposed or the matter is otherwise
disposed of without a trial, $5;
(2) where the defendant pleads guilty after first
appearance or prior to trial, $10;
(3) in all other cases where the defendant is found
guilty by the court or jury or pleads guilty during trial, $15; and
(4) the court shall have the authority to waive the
collection of fees in any particular case.
The
fees set forth in this subdivision shall not apply to parking violations for
which complaints and warrants have not been issued.
Subd. 2.
Miscellaneous fees. Fees payable to the court administrator
for all other services shall be fixed by court rule.
Subd. 3.
Payment in advance. Except as provided in subdivision 1, fees
are payable to the court administrator in advance.
Subd. 4.
Fines paid by check. Amounts represented by checks issued
by the court administrator or received by the court administrator which have
not cleared by the end of the month may be shown on the monthly account as
having been paid or received, subject to adjustment on later monthly accounts.
Subd. 5.
Checks. The
court administrator may receive checks in payment of fines, penalties, fees or
other obligations as conditional payments, and is not held accountable therefor
until collection in cash is made and then only to the extent of the net
collection after deduction of the necessary expense of collection.
Subd. 6.
Allocation. The court administrator shall provide
the county treasurer with the name of the municipality or other subdivision of
government where the offense was committed which employed or provided by
contract the arresting or apprehending officer and the name of the municipality
or other subdivision of government which employed the prosecuting attorney or
otherwise provided for prosecution of the offense for each fine or penalty and
the total amount of fines or penalties collected for each municipality or other
subdivision of government. On or before
the last day of each month, the county treasurer shall pay over to the
treasurer of each municipality or subdivision of government within the county
all fines or penalties for parking violations for which complaints and warrants
have not been issued and one third of all fines or penalties collected during
the previous month for offenses committed within the municipality or
subdivision of government from persons arrested or issued citations by officers
employed by the municipality or subdivision or provided by the municipality or
subdivision by contract. An additional
one third of all fines or penalties shall be paid to the municipality or
subdivision of government providing prosecution of offenses of the type for
which the fine or penalty is collected occurring within the municipality or
subdivision, imposed for violations of state statute or of an ordinance,
charter provision, rule, or regulation of a city whether or not a guilty plea
is entered or bail is forfeited. Except
as provided in section 299D.03, subdivision 5, or as otherwise provided by law,
all other fines and forfeitures and all fees and statutory court costs
collected by the court administrator shall be paid to the county treasurer of
the county in which the funds were collected who shall dispense them as
provided by law. In a county in a
judicial district under section 480.181, subdivision 1, paragraph (b), all
other fines, forfeitures, fees, and statutory court costs must be paid to the
commissioner of finance for deposit in the state treasury and credited to the
general fund.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 38. [484.91] MISDEMEANOR VIOLATIONS BUREAUS.
Subdivision 1.
Establishment. Misdemeanor violations bureaus shall be
established in Minneapolis, a southern suburb location, and at any other
northern and western suburban locations dispersed throughout the county as may
be designated by a majority of the judges of the court.
Subd. 2.
Supervision. The court shall supervise and the court
administrator shall operate the misdemeanor violations bureaus in accordance
with Rule 23 of the Rules of Criminal Procedure. Subject to approval by a majority of the
judges, the court administrator shall assign one or more deputy court
administrators to discharge and perform the duties of the bureau.
Subd.
3.
Subd. 4.
Procedure by person receiving
misdemeanor citation. A
person who receives a misdemeanor or petty misdemeanor citation shall proceed
as follows:
(a) If a fine for the violation may be paid at the
bureau without appearance before a judge, the person charged may pay the fine
in person or by mail to the bureau within the time specified in the
citation. Payment of the fine shall be
deemed to be the entry of a plea of guilty to the violation charged and a
consent to the imposition of a sentence for the violation in the amount of the
fine paid. A receipt shall be issued to
evidence the payment and the receipt shall be satisfaction for the violation charged
in that citation.
(b) When a fine is not paid, the person charged must
appear at a bureau within the time specified in the citation, state whether the
person desires to enter a plea of guilty or not guilty, arrange for a date for
arraignment in court and appear in court for arraignment on the date set by the
bureaus.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 39. [484.92] ADDITIONAL EMPLOYEES.
Subdivision 1.
Bailiffs. The sheriff of a county shall furnish
to the district court deputies to serve as bailiffs within the county as the
court may request. The county board may,
with the approval of the chief judge of the district, contract with any
municipality, upon terms agreed upon, for the services of police officers of
the municipality to act as bailiffs in the county district court.
Nothing contained herein shall be construed to limit
the authority of the court to employ probation officers with the powers and
duties prescribed in section 244.19.
Subd. 2.
Transcription of court
proceedings. Electronic
recording equipment may be used for the purposes of Laws 1971, chapter 951, to
record court proceedings in lieu of a court reporter. However, at the request of any party to any
proceedings the court may in its discretion require the proceedings to be
recorded by a competent court reporter who shall perform such additional duties
as the court directs. The salary of a
reporter shall be set in accordance with the procedure provided by sections
486.05 and 486.06.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 40.
Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
485.01
APPOINTMENT; BOND; DUTIES.
A clerk of the district court for each county within
the judicial district, who shall be known as the court administrator, shall be
appointed by a majority of the district court judges in the district. The clerk, before entering upon the duties
of office, shall give bond to the state, to be approved by the chief judge of
the judicial district, conditioned for the faithful discharge of official
duties. The bond, with An oath of
office, shall be recorded with the county recorder court
administrator. The clerk
court administrator shall perform all duties assigned by law and by the
rules of the court. The clerk
court administrator and all deputy clerks deputies must not
practice as attorneys in the court in which they are employed.
The duties, functions, and responsibilities which have
been and may be required by law or rule to be performed by the clerk of
district court shall be performed by the court administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
41. Minnesota Statutes 2004, section
485.018, subdivision 5, is amended to read:
Subd. 5. Collection of fees. The court administrator of district court
shall charge and collect all fees as prescribed by law and all such fees
collected by the court administrator as court administrator of district court
shall be paid to the county treasurer Department of Finance. Except for those portions of forfeited bail
paid to victims pursuant to existing law, the county treasurer court
administrator shall forward all revenue from fees and forfeited bail
collected under chapters 357, 487, and 574 to the commissioner of finance for deposit
in the state treasury and credit to the general fund, unless otherwise provided
in chapter 611A or other law, in the manner and at the times prescribed by the
commissioner of finance, but not less often than once each month. If the defendant or probationer is located
after forfeited bail proceeds have been forwarded to the commissioner of
finance, the commissioner of finance shall reimburse the county, on request,
for actual costs expended for extradition, transportation, or other costs
necessary to return the defendant or probationer to the jurisdiction where the
bail was posted, in an amount not more than the amount of forfeited bail. The court administrator of district court
shall not retain any additional compensation, per diem or other emolument for
services as court administrator of district court, but may receive and retain
mileage and expense allowances as prescribed by law.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 42.
Minnesota Statutes 2004, section 485.021, is amended to read:
485.021
INVESTMENT OF FUNDS DEPOSITED WITH COURT ADMINISTRATOR.
When money is paid into court pursuant to court order,
the court administrator of district court, unless the court order specifies
otherwise, may place such moneys with the county treasurer Department
of Finance for investment, as provided by law. When such moneys are subsequently released,
or otherwise treated, by court order, the same shall be immediately paid over
by the county treasurer to the court administrator of district court who shall
then fulfill the direction of the court order relative to such moneys.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 43.
Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
485.03
DEPUTIES.
(a) The county board shall determine the number of
permanent full time deputies, clerks and other employees in the office of the
court administrator of district court and shall fix the compensation for each
position. The county board shall also
budget for temporary deputies and other employees and shall fix their rates of
compensation. This paragraph does not
apply to a county in a judicial district under section 480.181, subdivision 1,
paragraph (b).
(b) The court administrator shall appoint in writing
the deputies and other employees, for whose acts the court administrator shall
be responsible, and whom the court administrator may remove at pleasure. Before each enters upon official duties, the
appointment and oath of each shall be recorded with the county recorder court
administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
44. Minnesota Statutes 2005 Supplement,
section 485.05, is amended to read:
485.05
DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
In all counties in the state now or hereafter having a
population of more than 150,000 and wherein regular terms of the district court
are held in three or more places, the court administrator of the district court
therein, by an instrument in writing, under the court administrator's hand and
seal, and with the approval of the district judge of the judicial district in
which said county is situated, or, if there be more than one such district
judge, with the approval of a majority thereof, may appoint deputies for whose
acts the court administrator shall be responsible, such deputies to hold office
as such until they shall be removed therefrom, which removal shall not be made
except with the approval of the district judge or judges. The appointment and oath of every such deputy
shall be recorded with the county recorder court administrator.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 45.
Minnesota Statutes 2004, section 485.11, is amended to read:
485.11
PRINTED CALENDARS.
The court administrator of the district court in each
of the several counties of this state shall provide calendars either printed
or otherwise duplicated of the cases to be tried at the general terms
thereof at the expense of the counties where such court is held. This section shall not apply to a county
where only one term of court is held each year.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 46.
Minnesota Statutes 2004, section 517.041, is amended to read:
517.041
POWER TO APPOINT COURT COMMISSIONER; DUTY.
The county court of the combined county court district
of Benton and Stearns may appoint as court commissioner a person who was
formerly employed by that county court district as a court commissioner.
The county court of the Third or Fifth
Judicial Districts District may appoint as court commissioner for
Brown, Dodge, Fillmore and Olmsted Counties respectively a person who
was formerly employed by those counties as a court commissioner.
The sole duty of an appointed court commissioner is to
solemnize marriages.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 47.
Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to
read:
Subd. 2. Minimum standards; plan. The Minnesota Supreme Court should promulgate
minimum standards for the implementation and administration of a parent
education program. The chief judge of
each judicial district or a designee shall submit a plan to the Minnesota
conference of chief judges for their approval that is designed to implement and
administer a parent education program in the judicial district. The plan must be consistent with the minimum
standards promulgated by the Minnesota Supreme Court.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
48. Minnesota Statutes 2004, section 518B.01,
is amended by adding a subdivision to read:
Subd. 19a.
Entry and enforcement of
foreign protective orders. (a)
As used in this subdivision, "foreign protective order" means an
order for protection entered by a court of another state; an order by an Indian
tribe or United States territory that would be a protective order entered under
this chapter; a temporary or permanent order or protective order to exclude a
respondent from a dwelling; or an order that establishes conditions of release
or is a protective order or sentencing order in a criminal prosecution arising
from a domestic abuse assault if it had been entered in Minnesota.
(b) A person for whom a foreign protection order has
been issued or the issuing court or tribunal may provide a certified or
authenticated copy of a foreign protective order to the court administrator in
any county that would have venue if the original action was being commenced in
this state or in which the person in whose favor the order was entered may be
present, for filing and entering of the same into the state order for
protection database.
(c) The court administrator shall file and enter
foreign protective orders that are not certified or authenticated, if supported
by an affidavit of a person with personal knowledge, subject to the penalties
for perjury. The person protected by the
order may provide this affidavit.
(d) The court administrator shall provide copies of
the order as required by this section.
(e) A valid foreign protective order has the same
effect and shall be enforced in the same manner as an order for protection
issued in this state whether or not filed with a court administrator or
otherwise entered in the state order for protection database.
(f) A foreign protective order is presumed valid if it
meets all of the following:
(1) the order states the name of the protected
individual and the individual against whom enforcement is sought;
(2) the order has not expired;
(3) the order was issued by a court or tribunal that
had jurisdiction over the parties and subject matter under the law of the
foreign jurisdiction; and
(4) the order was issued in accordance with the
respondent's due process rights, either after the respondent was provided with
reasonable notice and an opportunity to be heard before the court or tribunal
that issued the order, or in the case of an ex parte order, the respondent was
granted notice and an opportunity to be heard within a reasonable time after
the order was issued.
(g) Proof that a foreign protective order failed to meet
all of the factors listed in paragraph (f) is an affirmative defense in any
action seeking enforcement of the order.
(h) A peace officer shall treat a foreign protective
order as a valid legal document and shall make an arrest for a violation of the
foreign protective order in the same manner that a peace officer would make an
arrest for a violation of a protective order issued within this state.
(i) The fact that a foreign protective order has not
been filed with the court administrator or otherwise entered into the state
order for protection database shall not be grounds to refuse to enforce the
terms of the order unless it is apparent to the officer that the order is
invalid on its face.
(j) A peace officer acting reasonably and in good
faith in connection with the enforcement of a foreign protective order is
immune from civil and criminal liability in any action arising in connection
with the enforcement.
(k)
Filing and service costs in connection with foreign protective orders are
waived.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 49.
Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to
read:
Subd. 2. Board of judicial standards review. At least annually, the board on judicial
standards shall review the compliance of each district, county, or municipal
judge with the provisions of subdivision 1.
To facilitate this review, the director of the state judicial
information system shall notify the executive secretary of the state board on
judicial standards when a matter exceeds 90 days without a disposition. The board shall notify the commissioner of
finance of each judge not in compliance.
If the board finds that a judge has compelling reasons for
noncompliance, it may decide not to issue the notice. Upon notification that a judge is not in
compliance, the commissioner of finance shall not pay the salary of that
judge. The board may cancel a notice of
noncompliance upon finding that a judge is in compliance, but in no event shall
a judge be paid a salary for the period in which the notification of
noncompliance was in effect.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 50.
Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to
read:
Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
(1) when a court sentences a person convicted of a
felony that is not listed in subdivision 2 or 3, it must impose a fine of not
less than 30 percent of the maximum fine authorized by law nor more than the
maximum fine authorized by law; and
(2) when a court sentences a person convicted of a
gross misdemeanor or misdemeanor that is not listed in subdivision 2, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law
nor more than the maximum fine authorized by law, unless the fine is set at a
lower amount on a uniform fine schedule established by the conference of
chief judges Judicial Council in consultation with affected state
and local agencies. This schedule shall
be promulgated not later than September 1 of each year and shall become
effective on January 1 of the next year unless the legislature, by law,
provides otherwise.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by section 357.021,
subdivision 6, and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
The court shall collect the fines mandated in this
subdivision and, except for fines for traffic and motor vehicle violations
governed by section 169.871 and section 299D.03 and fish and game violations
governed by section 97A.065, forward 20 percent of the revenues to the
commissioner of finance for deposit in the general fund.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 51.
Minnesota Statutes 2004, section 629.74, is amended to read:
629.74
PRETRIAL BAIL EVALUATION.
The local corrections department or its designee shall
conduct a pretrial bail evaluation of each defendant arrested and detained for
committing a crime of violence as defined in section 624.712, subdivision 5, a
gross misdemeanor violation of section 609.224 or 609.2242, or a nonfelony
violation of section 518B.01, 609.2231, 609.3451, 609.748, or 609.749. In cases where the defendant requests appointed
counsel, the evaluation shall include
completion of the financial statement required by section 611.17. The local corrections department shall be
reimbursed $25 by the Department of Corrections for each evaluation performed. The conference of chief judges,
Judicial Council in consultation with the Department of Corrections, shall
approve the pretrial evaluation form to be used in each county.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 52.
Minnesota Statutes 2004, section 641.25, is amended to read:
641.25
DISTRICT JAILS; HOW DESIGNATED.
The commissioner of corrections, with the consent of
the county board, may designate any suitable jail in the state as a district
jail, to be used for the detention of prisoners from other counties in addition
to those of its own. If the jail or its
management becomes unfit for that purpose, the commissioner may rescind its
designation. Whenever there is no sufficient
jail in any county, the examining county or municipal judge, or
upon the judge's own motion, or the judge of the district court, upon
application of the sheriff, may order any person charged with a criminal
offense committed to a sufficient jail in some other county. If there is a district jail in the judicial
district, the charged person shall be sent to it, or to any other nearer
district jail designated by the judge.
The sheriff of the county containing the district jail, on presentation
of the order, shall receive, keep in custody, and deliver the charged person up
upon the order of the court or a judge.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 53. Laws
2002, chapter 266, section 1, as amended by Laws 2004, chapter 290, section 38,
is amended to read:
Section 1. DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT
EXTENSION.
The fourth judicial district may extend the duration
of the pilot project authorized by Laws 1999, chapter 216, article 2, section
27, and Laws 2000, chapter 468, sections 29 to 32, until December 31, 2006
2008. If the pilot project is
extended, the domestic fatality review team shall submit a report on the
project to the legislature by January 15, 2007 2009.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 54. REPEALER.
Minnesota Statutes 2004, sections 484.013, subdivision
8; 484.545, subdivisions 2 and 3; 484.55; 484.68, subdivision 7; 484.75;
485.018, subdivisions 2, 6, and 8; 485.12; 487.01; 487.02; 487.03; 487.04;
487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18; 487.19;
487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 487.27; 487.28;
487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40;
488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09;
488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119;
488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27;
488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013;
525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07;
525.08; 525.081; 525.082; 525.09; and 625.09, and Minnesota Statutes 2005
Supplement, sections 353.027; and 485.03, are repealed.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE
6
EMERGENCY COMMUNICATIONS
Section 1. Minnesota
Statutes 2004, section 237.49, is amended to read:
237.49
COMBINED LOCAL ACCESS SURCHARGE.
Each local telephone company shall collect from each
subscriber an amount per telephone access line representing the total of the
surcharges required under sections 237.52, 237.70, and 403.11. Amounts collected must be remitted to the
commissioner of public safety in the manner prescribed in section 403.11. The commissioner of public safety shall
divide the amounts received proportional to the individual surcharges
and deposit them in the appropriate accounts.
The commissioner of public safety may recover from the agencies
receiving the surcharges the personnel and administrative costs to collect and
distribute the surcharge. A company or
the billing agent for a company shall list the surcharges as one amount on a
billing statement sent to a subscriber.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 2.
Minnesota Statutes 2004, section 403.02, is amended by adding a
subdivision to read:
Subd. 19a.
Secondary public safety
answering point. "Secondary
public safety answering point" means a communications facility that: (1)
is operated on a 24-hour basis, in which a minimum of three public safety
answering points (PSAP's) route calls for postdispatch or prearrival
instructions; (2) receives calls directly from medical facilities to reduce
call volume at the PSAP's; and (3) is able to receive 911 calls routed to it
from a PSAP when the PSAP is unable to receive or answer 911 calls.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3.
Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is
amended to read:
Subd. 7. Contractual requirements. (a) The state, together shall
contract with the county or other governmental agencies operating public
safety answering points, shall contract and with the appropriate
wire-line telecommunications service providers or other entities determined by
the commissioner to be capable of providing effective and efficient components
of the 911 system for the operation, maintenance, enhancement, and expansion of
the 911 system.
(b) The state shall contract with the appropriate
wireless telecommunications service providers for maintaining, enhancing, and
expanding the 911 system.
(c) The contract language or subsequent amendments to
the contract must include a description of the services to be furnished to the
county or other governmental agencies operating public safety answering
points. The contract language or
subsequent amendments must include the terms of compensation based on the
effective tariff or price list filed with the Public Utilities Commission or
the prices agreed to by the parties.
(d) The contract language or subsequent amendments to
contracts between the parties must contain a provision for resolving disputes.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
4. Minnesota Statutes 2005 Supplement,
section 403.05, subdivision 3, is amended to read:
Subd. 3. Agreements for service. Each county and or any other
governmental agency shall contract with the state and wire-line
telecommunications service providers or other entities determined by the
commissioner to be capable of providing effective and efficient components of
the 911 system for the recurring and nonrecurring costs associated with
operating and maintaining 911 emergency communications systems. If requested by the county or other
governmental agency, the county or agency is entitled to be a party to any
contract between the state and any wire-line telecommunications service
provider or 911 emergency telecommunications service provider providing
components of the 911 system within the county.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5.
Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to
read:
Subd. 7. Duties.
Each wireless telecommunications service provider shall cooperate in
planning and implementing integration with enhanced 911 systems operating in
their service territories to meet Federal Communications Commission-enhanced
911 standards. By August 1, 1997,
each 911 emergency telecommunications service provider operating enhanced 911
systems, in cooperation with each involved Each wireless
telecommunications service provider, shall annually develop and
provide to the commissioner good-faith estimates of installation and recurring
expenses to integrate wireless 911 service into the enhanced 911 networks to
meet Federal Communications Commission phase one wireless enhanced 911
standards. The commissioner shall
coordinate with counties and affected public safety agency representatives in
developing a statewide design and plan for implementation.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is
amended to read:
Subdivision 1. Emergency telecommunications service fee;
account. (a) Each customer of a
wireless or wire-line switched or packet-based telecommunications service
provider connected to the public switched telephone network that furnishes
service capable of originating a 911 emergency telephone call is assessed a fee
based upon the number of wired or wireless telephone lines, or their
equivalent, to cover the costs of ongoing maintenance and related improvements
for trunking and central office switching equipment for 911 emergency
telecommunications service, plus to offset administrative and
staffing costs of the commissioner related to managing the 911 emergency
telecommunications service program.
Recurring charges by a wire-line telecommunications service provider for
updating the information required by section 403.07, subdivision 3, must be
paid by the commissioner if the wire-line telecommunications service provider
is included in an approved 911 plan and the charges are made pursuant to
contract. The fee assessed under this
section must also be used for the purpose of offsetting, to make
distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol
Division of the Department of Public Safety in handling 911 emergency calls
made from wireless phones.
(b) Money remaining in the 911 emergency
telecommunications service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be appropriated from
time to time to the commissioner to provide financial assistance to counties
for the improvement of local emergency telecommunications services. The improvements may include providing access
to 911 service for telecommunications service subscribers currently without
access and upgrading existing 911 service to include automatic number
identification, local location identification, automatic location
identification, and other improvements specified in revised county 911 plans
approved by the commissioner.
(c)
The fee may not be less than eight cents nor more than 65 cents a month for
each customer access line or other basic access service, including trunk
equivalents as designated by the Public Utilities Commission for access charge
purposes and including wireless telecommunications services. With the approval of the commissioner of
finance, the commissioner of public safety shall establish the amount of the
fee within the limits specified and inform the companies and carriers of the
amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on
the bonds is no longer needed. The
commissioner shall provide companies and carriers a minimum of 45 days' notice
of each fee change. The fee must be the
same for all customers.
(d) The fee must be collected by each wireless or
wire-line telecommunications service provider subject to the fee. Fees are payable to and must be submitted to
the commissioner monthly before the 25th of each month following the month of
collection, except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state
treasury and credited to a 911 emergency telecommunications service account in
the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) This subdivision does not apply to customers of
interexchange carriers.
(f) The installation and recurring charges for
integrating wireless 911 calls into enhanced 911 systems must be paid
are eligible for payment by the commissioner if the 911 service provider is
included in the statewide design plan and the charges are made pursuant to
contract.
(g) Competitive local exchanges carriers holding
certificates of authority from the Public Utilities Commission are eligible to
receive payment for recurring 911 services.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is
amended to read:
Subd. 3. Method of payment. (a) Any wireless or wire-line telecommunications
service provider incurring reimbursable costs under subdivision 1 shall submit
an invoice itemizing rate elements by county or service area to the
commissioner for 911 services furnished under contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services rendered
according to the terms and conditions specified in the contract. Competitive local exchange carriers
holding certificates of authority from the Public Utilities Commission are
eligible to receive payment for recurring 911 services provided after July 1,
2001. The commissioner shall pay the
invoice within 30 days following receipt of the invoice unless the commissioner
notifies the service provider that the commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required
to reimburse 911 emergency telecommunications service providers and wireless
and wire-line telecommunications service providers for the state's obligations
under subdivision 1 and the governor shall include the estimated amount in the
biennial budget request.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is
amended to read:
Subd. 3a. Timely certification invoices. A certification An invoice for
services provided for in the contract with a wireless or wire-line
telecommunications service provider must be submitted to the commissioner
no later than one year 90 days after commencing a new or additional
eligible 911 service. Each applicable
contract must provide that, if certified expenses under the contract deviate
from estimates in the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination fees.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
9. Minnesota Statutes 2004, section
403.11, subdivision 3b, is amended to read:
Subd. 3b. Certification Declaration. All If the commissioner disputes an
invoice, the wireless and wire-line telecommunications service providers
shall submit a self-certification form declaration under section
16A.41 signed by an officer of the company to the commissioner with the
invoices for payment of an initial or changed service described in
the service provider's 911 contract. The
self-certification shall sworn declaration must specifically describe
and affirm that the 911 service contracted for is being provided and the
costs invoiced for the service are true and correct. All certifications are subject to
verification and audit. When a
wireless or wire-line telecommunications service provider fails to provide a
sworn declaration within 90 days of notice by the commissioner that the invoice
is disputed, the disputed amount of the invoice must be disallowed.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10.
Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to
read:
Subd. 3c. Audit.
If the commissioner determines that an audit is necessary to document
the certification described invoice and sworn declaration in
subdivision 3b, the wireless or wire-line telecommunications service provider
must contract with an independent certified public accountant to conduct the
audit. The audit must be conducted
according to generally accepted accounting principles. The wireless or wire-line telecommunications
service provider is responsible for any costs associated with the audit.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11.
Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is
amended to read:
Subdivision 1. Fee.
(a) Each customer receiving service from a wireless or wire-line
switched or packet-based telecommunications service provider connected to the
public telephone network that furnishes service capable of originating a 911
emergency telephone call is assessed a fee A portion of the fee
collected under section 403.11 must be used to fund implementation,
operation, maintenance, enhancement, and expansion of enhanced 911 service,
including acquisition of necessary equipment and the costs of the commissioner
to administer the program. The actual
fee assessed under section 403.11 and the enhanced 911 service fee must be
collected as one amount and may not exceed the amount specified in section
403.11, subdivision 1, paragraph (c).
(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and used solely for
the purposes of paragraph (a) and subdivision 3.
(c) The commissioner, in consultation with counties
and 911 system users, shall determine the amount of the enhanced 911 service
fee. The commissioner shall inform
wireless and wire-line telecommunications service providers that provide
service capable of originating a 911 emergency telephone call of the total
amount of the 911 service fees in the same manner as provided in section
403.11.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12.
Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to
read:
Subd. 3. Local expenditures. (a) Money distributed under subdivision 2 for
enhanced 911 service may be spent on enhanced 911 system costs for the purposes
stated in subdivision 1 selective
routing equipment; the master street address guide; dispatcher public safety
answering point equipment proficiency and operational skills; pay for
long-distance charges incurred due to transferring 911 calls to other
jurisdictions; and the equipment necessary within the public safety answering
point for community alert systems and to notify and communicate with the
emergency services requested by the 911 caller., paragraph (a).
In addition, money may be spent to lease, purchase, lease-purchase, or
maintain enhanced 911 equipment, including telephone equipment; recording
equipment; computer hardware; computer software for database provisioning,
addressing, mapping, and any other software necessary for automatic location identification
or local location identification; trunk lines;
(b) Money distributed for enhanced 911 service may not
be spent on:
(1) purchasing or leasing of real estate or cosmetic
additions to or remodeling of communications centers;
(2) mobile communications vehicles, fire engines,
ambulances, law enforcement vehicles, or other emergency vehicles;
(3) signs, posts, or other markers related to
addressing or any costs associated with the installation or maintenance of
signs, posts, or markers.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 13.
Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to
read:
Subd. 2. Board.
"Board" or "radio board" or "Metropolitan
Radio Board" means the Metropolitan Statewide Radio
Board or its successor regional radio board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 14.
Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to
read:
Subd. 7. Plan.
"Plan" or "regionwide public safety radio system
communication plan" means the a plan adopted by the
Metropolitan Radio Board for a regionwide public safety radio communications
system. a regional radio board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 15.
Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is
amended to read:
Subd. 8. Subsystems. "Subsystems" or "public safety
radio subsystems" means systems identified in the plan or a plan developed
under section 403.36 as subsystems interconnected by the system backbone and
operated by the Metropolitan Radio Board, a regional radio board, or
local government units for their own internal operations.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16.
Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to
read:
Subd. 9. System backbone. "System backbone" or "backbone"
means a public safety radio communication system that consists of a shared,
trunked, communication, and interoperability infrastructure network, including,
but not limited to, radio towers and associated structures and equipment, the
elements of which are identified in the regionwide public safety radio
communication system plan under section 403.23, subdivision 6, and the
statewide radio communication plan under section 403.36.
Sec.
17. Minnesota Statutes 2004, section
403.33, is amended to read:
403.33
LOCAL PLANNING.
Subdivision 1. County planning process. (a) No later than two years from May 22,
1995, each metropolitan county shall undertake and complete a planning process
for its public safety radio subsystem to ensure participation by representatives
of local government units, quasi-public service organizations, and private
entities eligible to use the regional public safety radio system and to ensure
coordination and planning of the local subsystems. Local governments and other eligible users
shall cooperate with the county in its preparation of the subsystem plan to
ensure that local needs are met.
(b) The regional radio board for the
metropolitan area shall encourage the establishment by each metropolitan
county of local public safety radio subsystem committees composed of
representatives of local governments and other eligible users for the purposes
of:
(1) establishing a plan for coordinated and timely use
of the regionwide public safety radio system by the local governments and other
eligible users within each metropolitan county; and
(2) assisting and advising the regional radio board
for the metropolitan area in its implementation of the regional public
safety radio plan by identification of local service needs and objectives.
(c) The regional radio board for the
metropolitan area shall also encourage the establishment of joint or
multicounty planning for the regionwide public safety radio system and
subsystems.
(d) The regional radio board for the
metropolitan area may provide local boards with whatever assistance it
deems necessary and appropriate.
(e) No metropolitan county or city of the first class
shall be required to undertake a technical subsystem design to meet the
planning process requirements of this subdivision or subdivision 2.
Subd. 2. Cities of first class; planning process. Each city of the first class in the
metropolitan counties shall have the option to participate in the county public
safety radio subsystem planning process or develop its own plan.
Subd. 3. Submission of plans to board. Each metropolitan county and each city of the
first class in the metropolitan area which has chosen to develop its own plan
shall submit the plan to the regional radio board for the
metropolitan area for the board's review and approval.
Subd. 4. Local government joinder. Local government units, except for cities of
the first class, quasi-public service organizations, and private entities
eligible to use the regional public safety radio system cannot join the system
until its county plan has been approved by the regional radio board
for the metropolitan area.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18.
Minnesota Statutes 2004, section 403.34, is amended to read:
403.34
OPTIONAL LOCAL USE OF REGIONAL STATEWIDE SYSTEM.
Subdivision 1. Options. Use of the the
system. Public safety radio communication
service to local governments and other eligible users who do not initially join
the system shall not be interrupted. No
local government or other eligible users who do not join the system shall be
charged a user fee for the use of the system.regional statewide public
safety radio system by local governments, quasi-public service organizations,
and private entities eligible to use the system shall be optional and no local
government or other eligible user of the system shall be required to abandon or
modify current public safety radio communication systems or purchase new
equipment until the local government or other eligible user elects to join
Subd. 2. Requirements to join. Local governments and other entities eligible
to join the regional statewide public safety radio system which
elect to join the system must do so in accordance with and meet the
requirements of the provisions of the plan adopted by the radio board as
provided in section 403.23, subdivision 2 403.36.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 19.
Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is
amended to read:
Subdivision 1. Membership. (a) The commissioner of public safety shall
convene and chair the Statewide Radio Board to develop a project plan for a
statewide, shared, trunked public safety radio communication system. The system may be referred to as "Allied
Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or
their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the commissioner of health;
(7) (6) the commissioner of
finance;
(7) the chair of the Metropolitan Council;
(8) two elected city officials, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governing body of the League of Minnesota Cities;
(9) two elected county officials, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governing body of the Association of Minnesota Counties;
(10) two sheriffs, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governing
body of the Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Chiefs' of Police
Association;
(12) two fire chiefs, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Fire Chiefs'
Association;
(13)
two representatives of emergency medical service providers, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Ambulance
Association;
(14) the chair of the Metropolitan regional
radio board for the metropolitan area; and
(15) a representative of Greater Minnesota elected by
those units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and communication plan,
who have submitted a plan to the Statewide Radio Board and where development
has been initiated.
(c) The Statewide Radio Board shall coordinate the
appointment of board members representing Greater Minnesota with the appointing
authorities and may designate the geographic region or regions from which an
appointed board member is selected where necessary to provide representation
from throughout the state.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 20.
Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to
read:
Subd. 1f. Advisory groups. (a) The Statewide Radio Board shall establish
one or more advisory groups for the purpose of advising on the plan, design,
implementation, and administration of the statewide, shared trunked radio and
communication system.
(b) At least one such group must consist of the
following members:
(1) the chair of the Metropolitan Radio Board and
the chair of each regional radio board or, if no regional radio board has been
formed, a representative of each region of development as defined in the
statewide, shared, trunked radio and communication plan, once planning and
development have been initiated for the region, or a designee;
(2) the chief of the Minnesota State Patrol or a
designee;
(3) a representative of the Minnesota State Sheriffs'
Association;
(4) a representative of the Minnesota Chiefs of Police
Association;
(5) a representative of the Minnesota Fire Chiefs'
Association; and
(6) a representative of the Emergency Medical Services
Board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 21. REPEALER.
Minnesota Statutes 2004, sections 403.08, subdivision
8; 403.22; 403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2,
and 3; 403.30, subdivisions 2 and 4; and 403.35 are repealed.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE
7
FRAUDULENT OR IMPROPER FINANCING STATEMENTS
Section 1.
Minnesota Statutes 2004, section 358.41, is amended to read:
358.41
DEFINITIONS.
As used in sections 358.41 to 358.49:
(1) "Notarial act" means any act that a
notary public of this state is authorized to perform, and includes taking an
acknowledgment, administering an oath or affirmation, taking a verification
upon oath or affirmation, witnessing or attesting a signature, certifying or
attesting a copy, and noting a protest of a negotiable instrument. A notary public may perform a notarial act
by electronic means.
(2) "Acknowledgment" means a declaration by
a person that the person has executed an instrument or electronic record
for the purposes stated therein and, if the instrument or electronic record
is executed in a representative capacity, that the person signed the instrument
with proper authority and executed it as the act of the person or entity
represented and identified therein.
(3) "Verification upon oath or affirmation"
means a declaration that a statement is true made by a person upon oath or
affirmation.
(4) "In a representative capacity" means:
(i) for and on behalf of a corporation, partnership,
trust, or other entity, as an authorized officer, agent, partner, trustee, or
other representative;
(ii) as a public officer, personal representative,
guardian, or other representative, in the capacity recited in the instrument;
(iii) as an attorney in fact for a principal; or
(iv) in any other capacity as an authorized
representative of another.
(5) "Notarial officer" means a notary public
or other officer authorized to perform notarial acts.
(6) "Electronic signature" means an
electronic sound, symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record.
(7) "Electronic record" means a record
created, generated, sent, communicated, received, or stored by electronic
means.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
2. Minnesota Statutes 2004, section
358.42, is amended to read:
358.42
NOTARIAL ACTS.
(a) In taking an acknowledgment, the notarial officer
must determine, either from personal knowledge or from satisfactory evidence,
that the person appearing before the officer and making the acknowledgment is
the person whose true signature is on the instrument or electronic record.
(b) In taking a verification upon oath or affirmation,
the notarial officer must determine, either from personal knowledge or from
satisfactory evidence, that the person appearing before the officer and making
the verification is the person whose true signature is on the statement
verified.
(c) In witnessing or attesting a signature the
notarial officer must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person appearing
before the officer and named therein.
(d) In certifying or attesting a copy of a document,
electronic record, or other item, the notarial officer must determine that
the proffered copy is a full, true, and accurate transcription or reproduction
of that which was copied.
(e) In making or noting a protest of a negotiable
instrument or electronic record the notarial officer must determine the
matters set forth in section 336.3-505.
(f) A notarial officer has satisfactory evidence that
a person is the person whose true signature is on a document or electronic
record if that person (i) is personally known to the notarial officer, (ii)
is identified upon the oath or affirmation of a credible witness personally
known to the notarial officer, or (iii) is identified on the basis of
identification documents.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3.
Minnesota Statutes 2004, section 358.47, is amended to read:
358.47
CERTIFICATE OF NOTARIAL ACTS.
(a) A notarial act must be evidenced by a certificate
physically or electronically signed and dated by a notarial officer in a
manner that attributes such signature to the notary public identified on the
commission. The certificate must
include identification of the jurisdiction in which the notarial act is
performed and the title of the office of the notarial officer and may include
the official stamp or seal of office, or the notary's electronic seal. If the officer is a notary public, the
certificate must also indicate the date of expiration, if any, of the
commission of office, but omission of that information may subsequently be
corrected. If the officer is a
commissioned officer on active duty in the military service of the United
States, it must also include the officer's rank.
(b) A certificate of a notarial act is sufficient if
it meets the requirements of subsection (a) and it:
(1) is in the short form set forth in section 358.48;
(2) is in a form otherwise prescribed by the law of
this state;
(3) is in a form prescribed by the laws or regulations
applicable in the place in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and
those are sufficient to meet the requirements of the designated notarial act.
(c)
By executing a certificate of a notarial act, the notarial officer certifies
that the officer has made the determinations required by section 358.42.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4.
Minnesota Statutes 2004, section 358.50, is amended to read:
358.50
EFFECT OF ACKNOWLEDGMENT.
An acknowledgment made in a representative capacity for
and on behalf of a corporation, partnership, trust, or other entity and
certified substantially in the form prescribed in this chapter is prima facie
evidence that the instrument or electronic record was executed and
delivered with proper authority.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5.
Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision
to read:
Subd. 5.
Registration to perform
electronic notarizations. Before
performing electronic notarial acts, a notary public shall register the
capability to notarize electronically with the secretary of state. Before performing electronic notarial acts
after recommissioning, a notary public shall reregister with the secretary of
state.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 6.
Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to
read:
Subd. 3. Specifications. The seal of every notary public may be
affixed by a stamp that will print a seal which legibly reproduces under
photographic methods the seal of the state of Minnesota, the name of the
notary, the words "Notary Public," and the words "My commission
expires ...............," with the expiration date shown thereon or may
be an electronic form. The
A physical seal used to authenticate a paper document shall be a
rectangular form of not more than three-fourths of an inch vertically by 2-1/2
inches horizontally, with a serrated or milled edge border, and shall contain
the information required by this subdivision.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7.
Minnesota Statutes 2004, section 359.03, is amended by adding a
subdivision to read:
Subd. 4.
Electronic seal. A notary's electronic seal shall contain
the notary's name, jurisdiction, and commission expiration date, and shall be
logically and securely affixed to or associated with the electronic record
being notarized.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8.
Minnesota Statutes 2004, section 359.04, is amended to read:
359.04
POWERS.
Every notary public so appointed, commissioned, and
qualified shall have power throughout this state to administer all oaths
required or authorized to be administered in this state; to take and certify
all depositions to be used in any of the courts of this state; to take and
certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; and to receive, make
out, and record notarial protests.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
9. Minnesota Statutes 2004, section
359.05, is amended to read:
359.05 DATE
OF EXPIRATION OF COMMISSION AND NAME TO BE ENDORSED.
Every notary public, except in cases provided in
section 359.03, subdivision 3, taking an acknowledgment of an instrument,
taking a deposition, administering an oath, or making a notarial protest,
shall, immediately following the notary's physical or electronic
signature to the jurat or certificate of acknowledgment, endorse the date of
the expiration of the commission; such endorsement may be legibly written,
stamped, or printed upon the instrument, but must be disconnected from
the seal, and shall be substantially in the following form: "My commission
expires ............, ....." Except in cases provided in section 359.03,
subdivision 3, every notary public, in addition to signing the jurat or
certificate of acknowledgment, shall, immediately following the signature and
immediately preceding the official description, endorse thereon the notary's
name with a typewriter or, print the same legibly with a stamp or,
with pen and ink, or affix by electronic means; provided that the
failure so to endorse or print the name shall not invalidate any jurat or
certificate of acknowledgment.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10.
Minnesota Statutes 2004, section 359.085, is amended to read:
359.085 STANDARDS
OF CONDUCT FOR NOTARIAL ACTS.
Subdivision 1. Acknowledgments. In taking an acknowledgment, the notarial
officer must determine, either from personal knowledge or from satisfactory
evidence, that the person appearing before the officer and making the
acknowledgment is the person whose true signature is on the instrument or
electronic record.
Subd. 2. Verifications. In taking a verification upon oath or
affirmation, the notarial officer must determine, either from personal
knowledge or from satisfactory evidence, that the person appearing before the
officer and making the verification is the person whose true signature is on
the statement verified.
Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, the
notarial officer must determine, either from personal knowledge or from
satisfactory evidence, that the signature is that of the person appearing
before the officer and named in the document or electronic record.
Subd. 4. Certifying or attesting documents. In certifying or attesting a copy of a
document, electronic record, or other item, the notarial officer must
determine that the proffered copy is a full, true, and accurate transcription
or reproduction of that which was copied.
Subd. 5. Making or noting protests of negotiable
instruments. In making or noting a
protest of a negotiable instrument or electronic record, the notarial
officer must determine the matters set forth in section 336.3-505.
Subd. 6. Satisfactory evidence. A notarial officer has satisfactory evidence
that a person is the person whose true signature is on a document or
electronic record if that person (i) is personally known to the notarial
officer, (ii) is identified upon the oath or affirmation of a credible witness
personally known to the notarial officer, or (iii) is identified on the basis
of identification documents.
Subd. 7. Prohibited acts. A notarial officer may not acknowledge,
witness or attest to the officer's own signature, or take a verification of the
officer's own oath or affirmation.
Subd. 8.
Failure to appear before
notary. A notarial officer
may not notarize the physical or electronic signature of any signer who is not
in the presence of the notary at the time of notarization.
EFFECTIVE
DATE. This section is effective
July 1, 2006.
Sec.
11. [545.05]
EXPEDITED PROCESS TO REVIEW AND DETERMINE THE EFFECTIVENESS OF FINANCING
STATEMENTS.
Subdivision 1.
Definitions. (a) As used in this section, a financing
statement or other record is fraudulent or otherwise improper if it is filed
without the authorization of the obligor, person named as debtor, or owner of
collateral described or indicated in the financing statement or other record,
or by consent of an agent, fiduciary, or other representative of that person or
without the consent of the secured party of record in the case of an amendment
or termination.
(b) As used in this section, filing office or filing
officer refers to the office or officer where a financing statement or other
record is appropriately filed or recorded as provided by law, including, but
not limited to, the county recorder, the secretary of state, and other related
filing officers.
Subd. 2.
Motion. An obligor, person named as a debtor, or
owner of collateral described or indicated in a financing statement or other
record filed under sections 336.9-101 to 336.9-709 (Uniform Commercial Code -
Secured Transactions), who has reason to believe that the financing statement
or other record is fraudulent or otherwise improper may complete and file at
any time a motion for judicial review of the effectiveness of the financing
statement or other record. A secured
party of record who believes that an amendment or termination of a financing
statement or other record is fraudulent or otherwise improper may also file a
motion.
Subd. 3.
Service and filing. (a) The motion under subdivision 2 must be
mailed by certified United States mail to the person who is indicated as the
secured party on the allegedly fraudulent or improper record at the address listed
on the record or, in the case of a filing by the secured party of record, to
the address of the person who filed the amendment or termination in question,
as listed on the record. The motion must
be accompanied by a copy of the record in question, an affidavit of mailing,
the form for responding to the motion under subdivision 6, and a copy of the
text of this section.
(b) On the day the motion is mailed, a copy of the
materials must be filed with the district court of the county in which the
financing statement or other record has been filed or in the county of
residence of the moving party. The
motion must be supported by the affidavit of the moving party or the moving
party's attorney setting forth a concise statement of the facts upon which the claim
for relief is based. There is no filing
fee for a motion or a response filed under this section.
Subd. 4.
Motion form. The motion must be in substantially the
following form:
In Re: A
Purported Financing Statement in the district court of ..........................
County, Minnesota, Against [Name of person who filed the financing statement]
MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT
FILED UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
.................................... (name of moving
party) files this motion requesting a judicial determination of the
effectiveness of a financing statement or other record filed under the Uniform
Commercial Code - Secured Transactions in the office of the ...............
(filing office and location) and in support of the motion provides as follows:
I.
.............................. (name), the moving
party, is the [obligor, person named as a debtor, or owner of collateral
described or indicated in] [secured party of record listed in] a financing
statement or other record filed under the Uniform Commercial Code.
II.
On ............. (date), in the exercise of the filing
officer's official duties as .................. (filing officer's position),
the filing officer received and filed or recorded the financing statement or
other record, a copy which is attached, that purports to [perfect a security
interest against the obligor, person named as debtor, or the owner of
collateral described or indicated in the financing statement or other record]
or [amend or terminate the financing statement in which the moving party is
listed as the secured party of record].
III.
The moving party alleges that the financing statement
or other record is fraudulent or otherwise improper and that this court should
declare the financing statement or other record ineffective.
IV.
The moving party attests that the assertions in this
motion are true and correct.
V.
The moving party does not request the court to make a
finding as to any underlying claim of the parties involved and acknowledges
that this motion does not seek review of an effective financing statement. The moving party further acknowledges that
the moving party may be subject to sanctions if this motion is determined to be
frivolous. The moving party may be
contacted by the respondent at:
Mailing Address: (required)
Telephone Number:
Facsimile Number: (either facsimile or e-mail contact
is required)
E-Mail Address: (either facsimile or e-mail contact is
required)
REQUEST FOR RELIEF
The moving party requests the court to review the
attached documentation and enter an order finding that the financing statement
or other record is ineffective together with other findings as the court deems
appropriate.
Respectfully submitted, ..........................
(Signature and typed name and address).
Subd. 5.
Motion acknowledgment form. The form for the certificate of
acknowledgment must be substantially as follows:
AFFIDAVIT
THE STATE OF MINNESOTA COUNTY OF
.…..….......…..…....................
BEFORE ME, the undersigned authority, personally
appeared ........., who, being by me duly sworn, deposed as follows:
"My name is .
.…..….......................... I am
over 18 years of age, of sound mind, with personal knowledge of the following
facts, and fully competent to testify.
I
attest that the assertions contained in the accompanying motion are true and
correct."
SUBSCRIBED
and SWORN TO before me, this ..... day of ..................
NOTARY
PUBLIC, State of [state name]
Notary's
printed name: ....
.…..….................................
My
commission expires: .
.…..….................................
The motion must be supported by the affidavit of the
moving party or the moving party's attorney setting forth a concise statement
of the facts upon which the claim for relief is based.
Subd. 6.
Motion affidavit of mailing
form. The moving party shall
complete an affidavit of mailing the motion to the court and to the respondent
in substantially the following form:
State of Minnesota
County of .....…..…..................
............................, the moving party, being
duly sworn, on oath, deposes and says that on the ..... day of ..........,
......., the moving party mailed the motion to the court and the respondent by
placing a true and correct copy of the motion in an envelope addressed to them
as shown by certified United States mail at ............................,
Minnesota.
Subscribed and sworn to before me this ..... day of
...................., .......
Subd. 7.
Response form. The person listed as [the secured party
in] [filing] the record for which the moving party has requested review may
respond to the motion and accompanying materials to request an actual hearing
within 20 days from the mailing by certified United States mail by the moving
party. The form for use by the person
listed as [the secured party in] [filing] the record in question to respond to
the motion for judicial review must be in substantially the following form:
In Re: A
Purported Financing Statement in the district court of
.…..…..................... County, Minnesota, Against [Name of person who filed
the financing statement]
RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING
STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
............................ (name) files this
response to a motion requesting a judicial determination of the effectiveness
of a financing statement or other record filed under the Uniform Commercial
Code - Secured Transactions in the office of the ............... (filing office
and location) and in support of the motion provides as follows:
I.
............................ (name), the respondent,
is the person listed as [the secured party in] [filing] the record for which
review has been requested by the moving party.
II.
On ............. (date), in the exercise of the filing
officer's official duties as .................. (filing officer's position),
the filing officer received and filed or recorded the financing statement or
other record, a copy which is attached, that purports to [perfect a security
interest against] [amend or terminate a record filed by] the moving party.
III.
Respondent states that the financing statement or
other record is not fraudulent or otherwise improper and that this court should
not declare the financing statement or other record ineffective.
IV.
Respondent attests that assertions in this response
are true and correct.
V.
Respondent does not request the court to make a
finding as to any underlying claim of the parties involved. Respondent further acknowledges that
respondent may be subject to sanctions if this response is determined to be
frivolous.
REQUEST FOR RELIEF
Respondent requests the court to review the attached
documentation, to set a hearing for no later than five days after the date of
this response or as soon after that as the court shall order and to enter an
order finding that the financing statement or other record is not ineffective
together with other findings as the court deems appropriate. Respondent may be contacted at:
Mailing Address: (required)
Telephone Number:
Facsimile Number: (either facsimile or e-mail contact
is required)
E-Mail Address: (either facsimile or e-mail contact is
required)
Respectfully submitted, .........................
(Signature and typed name and address).
Subd. 8.
Response acknowledgment form. The form for the certificate of
acknowledgment must be substantially as follows:
AFFIDAVIT
THE STATE OF MINNESOTA COUNTY OF
..………….................
BEFORE ME, the undersigned authority, personally
appeared ........., who, being by me duly sworn, deposed as follows:
"My name is ............... I am over 18 years of age, of sound mind,
with personal knowledge of the following facts, and fully competent to testify.
I
attest that the assertions contained in the accompanying motion are true and
correct."
SUBSCRIBED
and SWORN TO before me, this ..... day of ..................
NOTARY
PUBLIC, State of [state name]
Notary's
printed name:
...…....................................…
My
commission expires:
.......…..………...................
Subd. 9.
Response affidavit of mailing
form. Respondent shall submit
the response by United States mail to both the court and the moving party, and
also by either e-mail or facsimile as provided by the moving party. The respondent shall complete an affidavit of
mailing the response to the court and to the moving party in substantially the
following form:
State of Minnesota
County of .…........
............................, being the responding
party, being duly sworn, on oath, deposes and says that on the ..... day of
.........., ......., respondent mailed the response to court and the moving
party by placing a true and correct copy of the response in an envelope
addressed to them as shown depositing the same with postage prepaid, in the
U.S. Mail at ............................, Minnesota.
Subscribed and sworn to before me this ..... day of
...................., .......
Subd. 10.
Hearing. (a) If a hearing is timely requested, the
court shall hold that hearing within five days after the mailing of the
response by the respondent or as soon after that as ordered by the court. After the hearing, the court shall enter
appropriate findings of fact and conclusions of law regarding the financing
statement or other record filed under the Uniform Commercial Code.
(b) If a hearing request under subdivision 7 is not
received by the court by the 20th day following the mailing of the original
motion, the court's finding may be made solely on a review of the documentation
attached to the motion and without hearing any testimonial evidence. After that review, which must be conducted no
later than five days after the 20-day period has expired, the court shall enter
appropriate findings of fact and conclusions of law as provided in subdivision
11 regarding the financing statement or other record filed under the Uniform
Commercial Code.
(c) A copy of the findings of fact and conclusions of
law must be sent to the moving party, the respondent, and the person who filed
the financing statement or other record at the address listed in the motion or
response of each person within seven days of the date that the findings of fact
and conclusions of law are issued by the court.
(d) In all cases, the moving party shall file or
record an attested copy of the findings of fact and conclusions of law in the
filing office in the appropriate class of records in which the original
financing statement or other record was filed or recorded. The filing officer shall not collect a filing
fee for filing a court's finding of fact and conclusion of law as provided in
this section except as specifically directed by the court in its findings and
conclusions.
Subd. 11.
Order form; no hearing. The findings of fact and conclusion of law
for an expedited review where no hearing has been requested must be in
substantially the following form:
MISCELLANEOUS
DOCKET No. ...........
In Re: A
purported Financing Statement in the district court of
........................... County,
Minnesota, Against [Name of person who filed financing statement]
Judicial Finding of Fact and Conclusion of Law
Regarding a Financing Statement or Other Record Filed Under the Uniform
Commercial Code - Secured Transactions
On the (number) day of (month), (year), in the above
entitled and numbered cause, this court reviewed a motion, verified by
affidavit, of (name) and the documentation attached. The respondent did not respond within the
required 20-day period. No testimony was
taken from any party, nor was there any notice of the court's review, the court
having made the determination that a decision could be made solely on review of
the documentation as provided in Minnesota Statutes, section 545.05.
The court finds as follows (only an item or subitem
checked and initialed is a valid court ruling):
[..] The documentation attached to the motion IS filed
or recorded with the authorization of the obligor, person named as debtor, or
owner of collateral described or indicated in the financing statement or other
record, or by consent of an agent, fiduciary, or other representative of that
person, or with the authorization of the secured party of record in the case of
an amendment or termination.
[..] The documentation attached to the motion IS NOT
filed or recorded with the authorization of the obligor, person named as
debtor, or owner of collateral described or indicated in the documentation, or
by consent of an agent, fiduciary, or other representative of that person, or
with the authorization of the secured party of record in the case of an
amendment or termination and, IS NOT an effective financing statement or other
record under the Uniform Commercial Code - Secured Transactions law of this
state.
[..] This court makes no finding as to any underlying
claims of the parties involved and expressly limits its findings of fact and
conclusions of law to the review of a ministerial act. The filing officer shall remove the subject
financing statement or other record so that the record is not reflected in or
obtained as a result of any search, standard or otherwise, conducted of those
records, but shall retain them and these findings of fact and conclusions of
law in the filing office for the duration of the period for which they would
have otherwise been filed.
SIGNED ON
THIS THE ................... DAY of
.......
.......................... District Judge
.......................... District
.......................... County, Minnesota
Subd. 12.
Hearing determination. If a determination is made after a
hearing, the court may award the prevailing party all costs related to the
entire review, including, but not limited to, filing fees, attorney fees,
administrative costs, and other costs.
Subd. 13.
Subsequent motion. If the moving party files a subsequent
motion under this section against a person filing a financing statement or
other record that is reviewed under this section and found to be filed or
recorded with the authorization of the obligor, person named as debtor, or
owner of collateral described or indicated in the financing statement or other
record, or by consent of an agent, fiduciary, or other representative of that
person, or with the authorization of the secured party of record in the case of
an amendment or termination, the court may, in addition to assessing costs,
order other equitable relief against the moving party or enter other sanctions
against the moving party.
Subd.
14.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. [604.18] CIVIL LIABILITY FOR FRAUDULENT
OR OTHERWISE IMPROPER FINANCING STATEMENTS.
Subdivision 1.
Definitions. For purposes of this section:
(1) "financing statement" has the meaning
given in section 336.9-102(a) of the Uniform Commercial Code; and
(2) "filing officer" is defined as Uniform
Commercial Code filing officer in each jurisdiction.
Subd. 2.
Liability. (a) A person shall not knowingly cause to
be presented for filing or promote the filing of a financing statement that the
person knows:
(1) is forged;
(2) is not:
(i) related to a valid lien or security agreement; or
(ii) filed pursuant to section 336.9-502(d); and
(3) is for an improper purpose or purposes, such as to
harass, hinder, defraud, or otherwise interfere with any person.
(b) A person who violates paragraph (a) is liable to
each injured person for:
(1) the greater of:
(i) nominal damages up to $10,000; or
(ii) the actual damages caused by the violation;
(2) court costs;
(3) reasonable attorney fees;
(4) related expenses of bringing the action, including
investigative expenses; and
(5) exemplary damages in the amount determined by the
court.
Subd. 3.
Cause of action. (a) The following persons may bring an
action to enjoin violation of this section or to recover damages under this
section:
(1) the obligor, the person named as the debtor, any
person who owns an interest in the collateral described or indicated in the
financing statement, or any person harmed by the filing of the financing
statement;
(2) the attorney general;
(3)
a county attorney;
(4) a city attorney; and
(5) a person who has been damaged as a result of an
action taken in reliance on the filed financing statement.
(b) A filing officer may refer a matter to the
attorney general or other appropriate person for filing the legal actions under
this section.
Subd. 4.
Venue. An action under this section may be
brought in any district court in the county in which the financing statement is
presented for filing or in a county where any of the persons named in
subdivision 3, paragraph (a), clause (1), resides.
Subd. 5.
Filing fee. (a) The fee for filing an action under
this chapter is $....... The plaintiff
must pay the fee to the clerk of the court in which the action is filed. Except as provided by paragraph (b), the
plaintiff may not be assessed any other fee, cost, charge, or expense by the
clerk of the court or other public official in connection with the action.
(b) The fee for service of notice of an action under
this section charged to the plaintiff may not exceed:
(1) $....... if the notice is delivered in person; or
(2) the cost of postage if the service is by
registered or certified mail.
(c) A plaintiff who is unable to pay the filing fee
and fee for service of notice may file with the court an affidavit of inability
to pay under the Minnesota Rules of Civil Procedure.
(d) If the fee imposed under paragraph (a) is less
than the filing fee the court imposes for filing other similar actions and the
plaintiff prevails in the action, the court may order a defendant to pay to the
court the differences between the fee paid under paragraph (a) and the filing
fee the court imposes for filing other similar actions.
Subd. 6.
Other remedies. (a) An obligor, person named as a debtor,
owner of collateral, or any other person harmed by the filing of a financing
statement in violation of subdivision 2, paragraph (a), also may request
specific relief, including, but not limited to, terminating the financing
statement and removing the debtor named in the financing statement from the
index under the provisions of section 545.05, paragraph (c), such that it will
not appear in a search under that debtor name.
(b) This law is cumulative of other law under which a
person may obtain judicial relief with respect to any filed or recorded
document.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. [609.7475] FRAUDULENT OR OTHERWISE
IMPROPER FINANCING STATEMENTS.
Subdivision 1.
Definition. As used in this section,
"record" has the meaning given in section 336.9-102.
Subd. 2.
Crime described. A person who:
(1) knowingly causes to be presented for filing or
promotes the filing of a record that:
(i) is not:
(A)
related to a valid lien or security agreement; or
(B) filed pursuant to section 336.9-502(d); or
(ii) contains a forged signature or is based upon a
document containing a forged signature; or
(2) presents for filing or causes to be presented for
filing a record with the intent that it be used to harass or defraud any other
person;
is guilty
of a crime and may be sentenced as provided in subdivision 3.
Subd. 3.
Penalties. (a) Except as provided in paragraph (b), a
person who violates subdivision 2 is guilty of a gross misdemeanor.
(b) A person who violates subdivision 2 is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the person:
(1) commits the offense with intent to influence or
otherwise tamper with a juror or a judicial proceeding or with intent to
retaliate against a judicial officer, as defined in section 609.415, or a
prosecutor, defense attorney, or officer of the court, because of that person's
performance of official duties in connection with a judicial proceeding; or
(2) commits the offense after having been previously
convicted of a violation of this section.
Subd. 4.
Venue. A violation of this section may be
prosecuted in either the county of residence of the individual listed as debtor
or the county in which the filing is made.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to crimes committed on or after that
date.
ARTICLE 8
CORONERS AND MEDICAL EXAMINERS
Section 1.
Minnesota Statutes 2004, section 390.005, is amended to read:
390.005
ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES; REMOVAL.
Subdivision 1. County election Selection of
coroner or medical examiner. Each
county must have a coroner or medical examiner.
A coroner shall may be elected in each county,
as prescribed by section 382.01, except as provided in this section
or appointed in each county. A
medical examiner must be appointed by the county board. The term of an appointed coroner or medical
examiner must not be longer than four years.
Subd. 2. Appointment by resolution. In a county where the office of coroner
has not been abolished, The board of county commissioners may, by
resolution, state its intention to fill the office of coroner by
appointment. The resolution must be
adopted at least six months before the end of the term of the incumbent coroner,
if elected. After the resolution is
adopted, the board shall fill the office by appointing a person not less than
30 days before the end of the incumbent's term.
The appointed coroner shall serve for a term of office determined by the
board beginning upon the expiration of the term of the incumbent. The term must not be longer than four years.
If
there is a vacancy in the elected office in the county, the board
may by resolution, state its intention to fill the office by appointment. When the resolution is adopted, the board
shall fill the office by appointment immediately. The coroner shall serve for a term determined
by the board. The term must not be
longer than four years.
Subd. 3. Educational requirements
Qualifications. A coroner
must have successfully completed academic courses in pharmacology, surgery,
pathology, toxicology, and physiology.
However, if a board of county commissioners determines that the office
of coroner shall not be elective and it cannot appoint any person meeting the
educational qualifications as coroner, the board may:
(1) appoint any qualified person, whether or not a
resident of the county; or
(2) if no qualified person can be found, appoint a
person who is serving or has served as deputy coroner, whether or not a resident
of the county. (a) The medical examiner must be a forensic
pathologist who is certified or eligible for certification by the American
Board of Pathology. The medical examiner
is an appointed public official in a system of death investigation in which the
administrative control, the determination of the extent of the examination,
need for autopsy, and the filing of the cause and manner of death information
with the state registrar pursuant to section 144.221 are all under the control
of the medical examiner.
(b) The coroner must be a physician with a valid
license in good standing under chapter 147, to practice medicine as defined
under section 147.081, subdivision 3.
The coroner is a public official, elected or appointed, whose duty is to
make inquiry into deaths in certain categories, determine the cause and manner
of death, and file the information with the state registrar pursuant to section
144.221. The coroner must obtain
additional training in medicolegal death investigation, such as training by the
American Board of Medicolegal Death Investigators, within four years of taking
office, unless the coroner has already obtained this training.
(c) The coroner or medical examiner need not be a
resident of the county.
Subd. 4. Certain incumbents. An incumbent coroner or medical examiner in
office on July 1, 1965 meets the effective date of this section is
hereby deemed to meet the qualifications prescribed by this section for the
purpose of continuance in, reelection to, or appointment to the
office of coroner until the end of the current term of office, after which
this statute will apply.
Subd. 5. Vacancies, removal. Vacancies in the office of coroner or
medical examiner shall be filled according to sections 375.08 and 382.02,
or under subdivision 1. A
The medical examiner or appointed coroner may be removed from office as
provided by law. by the county
board during a term of office for cause shown after a hearing upon due notice
of written charges. The hearing shall be
conducted in accordance with that county's human resources policy.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 2. [390.0065] HENNEPIN COUNTY MEDICAL
EXAMINER; SELECTION AND TERM.
Hennepin County shall use the following procedure to
select the Hennepin County medical examiner:
the Hennepin County Board shall designate three licensed physicians who
shall constitute a Medical Examiner Board.
One member shall be a dean or professor of the Department of Pathology
of a Class A medical school as designated by the American Medical
Association. Another member of the board
shall be a member of the Minnesota Society of Pathologists. The third member shall be designated by the
Hennepin County Medical Association from its membership. The Medical Examiner Board shall accept
applications for the position of Hennepin County medical examiner when a
vacancy exists in the office.
Applications therefore shall be considered from doctors of medicine who
are: (1) graduates of a medical school
recognized by the American Medical Association or American Osteopathic
Association, (2) members in good standing in the medical profession, (3)
eligible for appointment to the staff of the Hennepin County Medical Center,
and (4) certified or eligible for certification in forensic pathology by the
American Board of Pathology. The Medical
Examiner Board shall review the qualifications of the applicants and shall rank
the applicants deemed qualified for the position and provide to the county board
a report of the seven highest ranked applicants together with their
qualifications. The county board shall
appoint a county medical examiner from those listed in the report. The term of the examiner shall continue for
four years from the date of appointment.
Reappointment shall be made at least 90 days prior to the expiration of
the term. If a vacancy requires a
temporary appointment, the board of commissioners shall appoint a medical
doctor on the staff of the county medical examiner's office to assume the
duties of the medical examiner until an appointment can be made in compliance
with the specified selection procedure.
Actual and necessary expenses of the Medical Examiner Board shall be
paid in accordance with sections 471.38 to 471.415.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 3.
Minnesota Statutes 2004, section 390.01, is amended to read:
390.01 BOND
AND INDEMNIFICATION.
Before taking office, the coroner shall post bond to
the state in a penal sum set by the county board, not less than $500 nor more
than $10,000. The coroner's bond is
subject to the same conditions in substance as in the bond required by law to
be given by the sheriff, except as to the description of the office. The coroner or medical examiner shall be
included in the bond held by the county for all appointed and elected county
officials and shall be defended and indemnified, pursuant to section
466.07. The bond and oath of
office shall be recorded and filed with the county recorder.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 4. [390.011] AUTONOMY.
The coroner or medical examiner is an independent
official of the county, subject only to appointment, removal, and budgeting by
the county board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 5. [390.012] JURISDICTION.
The coroner or medical examiner of the county in which
a person dies or is pronounced dead shall have jurisdiction over the death,
regardless of where any injury that resulted in the death occurred. The place where death is pronounced is deemed
to be the place where death occurred. If
the place of death is unknown but the dead body is found in Minnesota, the
place where the body is found is considered the place of death. If the date of death is unknown, the date the
body is found is considered the date of death, but only for purposes of this
chapter. When a death occurs in a moving
conveyance and the body is first removed in Minnesota, documentation of death
must be filed in Minnesota and the place of death is considered the place where
the body is first removed from the conveyance.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
6. Minnesota Statutes 2004, section
390.04, is amended to read:
390.04 TO
ACT WHEN SHERIFF A PARTY TO AN ACTION PROVISION FOR TRANSFER OF JURISDICTION.
When the sheriff is a party to an action or when a
party, or a party's agent or attorney, files with the court administrator of
the district court an affidavit stating that the party believes the sheriff,
coroner or medical examiner, because of partiality, prejudice,
consanguinity, or interest, will is not faithfully able
to perform the sheriff's coroner or medical examiner's duties
in an action commenced, or about to be commenced, the clerk shall direct
process in the action to the coroner.
The coroner shall perform the duties of the sheriff relative to the
action in the same manner required for a sheriff., the coroner or
medical examiner shall have the authority to transfer jurisdiction to another
coroner or medical examiner, as arranged by the county board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:
390.05 DEPUTIES
MEDICAL EXAMINER OR CORONER STAFF.
A The coroner shall
or medical examiner may appoint one or more deputies. assistant coroners or assistant medical
examiners, as necessary to fulfill the duties of the office, subject to
authorization by the county board. Such
assistants shall have the same qualifications as a coroner or medical
examiner. When the coroner or
medical examiner is absent or unable to act, deputies assistants
shall have the same powers and duties and are subject to the same liabilities
as coroners. A deputy shall be appointed
in writing. The oath and appointment shall
be recorded with the county recorder.
The deputy shall act by name as deputy coroner and hold office at the
same time as the coroner. limitations
as the coroner or medical examiner. The
assistants shall be appointed in writing, shall take an oath that shall be
recorded and filed with the county recorder, and shall be included in the
county bond. The assistant shall act by
name as assistant coroner or medical examiner and hold office at the pleasure
of the coroner or medical examiner.
A coroner or medical examiner may appoint one or more
investigators, with such qualifications as the coroner or medical examiner
deems appropriate. Such investigators
shall have the powers and duties that are delegated to them by the coroner or
medical examiner. Unless they are public
employees of that county, investigators shall be appointed in writing and take
an oath, shall be included in the county bond, and the oath and appointment
shall be recorded and filed with the county recorder. Subject to authorization of the county board,
assistants may be appointed to the unclassified service and investigators to
the classified service of the county.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 8. [390.061] MORGUE.
Every county need not have a morgue, but there must be
a system or process for receiving, storing, and releasing all dead bodies
subject to this statute.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
9. Minnesota Statutes 2004, section
390.11, is amended to read:
390.11
INVESTIGATIONS AND INQUESTS.
Subdivision 1. Deaths requiring inquests and
investigations Reports of death.
Except as provided in subdivision 1a, the coroner shall investigate
and may conduct inquests in all human deaths of the following types: All
sudden or unexpected deaths and all deaths that may be due entirely or in part
to any factor other than natural disease processes must be promptly reported to
the coroner or medical examiner for evaluation.
Sufficient information must be provided to the coroner or medical
examiner. Reportable deaths include, but
are not limited to:
(1) unnatural deaths, including violent deaths,
whether apparently homicidal, suicidal, or accidental, including but not
limited to deaths due to thermal, chemical, electrical, or radiational injury,
and deaths due to criminal abortion, whether apparently self induced or not;
arising from homicide, suicide, or accident;
(2) deaths due to a fire or associated with burns or
chemical, electrical, or radiation injury;
(3) unexplained or unexpected perinatal and postpartum
maternal deaths;
(2) (4) deaths
under suspicious, unusual, or mysterious unexpected circumstances;
(3) (5) deaths of
persons whose bodies are to be cremated, dissected, buried at sea, or
otherwise disposed of so that the bodies will later be unavailable for
examination; and
(4) (6) deaths of
inmates of public institutions and persons in custody of law enforcement
officers who are have not been hospitalized primarily
for organic disease and whose deaths are not of any type referred to in
clause (1) or (2).;
(7) deaths that occur during, in association with, or
as the result of diagnostic, therapeutic, or anesthetic procedures;
(8) deaths due to culpable neglect;
(9) stillbirths of 20 weeks or longer gestation
unattended by a physician;
(10) sudden deaths of persons not affected by
recognizable disease;
(11) unexpected deaths of persons notwithstanding a
history of underlying disease;
(12) deaths in which a fracture of a major bone such
as a femur, humerus, or tibia has occurred within the past six months;
(13) deaths unattended by a physician occurring
outside of a licensed health care facility or licensed residential hospice
program;
(14) deaths of persons not seen by their physician
within 120 days of demise;
(15) deaths of persons occurring in an emergency
department;
(16)
stillbirths or deaths of newborn infants in which there has been maternal use
of or exposure to unprescribed controlled substances including street drugs or
in which there is history or evidence of maternal trauma;
(17) unexpected deaths of children;
(18) solid organ donors;
(19) unidentified bodies;
(20) skeletonized remains;
(21) deaths occurring within 24 hours of arrival at a
health care facility if death is unexpected;
(22) deaths associated with the decedent's employment;
(23) deaths of nonregistered hospice patients or
patients in nonlicensed hospice programs; and
(24) deaths attributable to acts of terrorism.
The coroner
or medical examiner shall determine the extent of the coroner's or medical
examiner's investigation, including whether additional investigation is needed
by the coroner or medical examiner, jurisdiction is assumed, or an autopsy will
be performed, notwithstanding any other statute.
Subd. 1a. Commissioner of corrections; investigation
of deaths. The commissioner of
corrections may require that all Department of Corrections incarcerated deaths
be reviewed by an independent, contracted, board-certified forensic
pathologist. For deaths occurring
within a facility licensed by the Department of Corrections, the coroner or
medical examiner shall ensure that a forensic pathologist who is certified by
the American Board of Pathology reviews each death and performs an autopsy on
all unnatural, unattended, or unexpected deaths and others as necessary.
Subd. 1b.
Hospice registration. Each coroner and medical examiner shall
establish a registration policy regarding hospice patients. If a hospice patient is determined to be
properly preregistered, the coroner or medical examiner may treat the death as
attended by a physician.
Subd. 2. Violent or mysterious deaths;
Autopsies. The coroner or medical
examiner may conduct order an autopsy, at the coroner or
medical examiner's sole discretion, in the case of any human death referred
to in subdivision 1, clause (1) or (2), when, in the judgment of
the coroner judges that or medical examiner the public interest requires
would be served by an autopsy, except that an autopsy must be
conducted in all unattended inmate deaths that occur in a state correctional
facility. The autopsy shall be
performed without unnecessary delay. A
report of the facts developed by the autopsy and findings of the person
performing the autopsy shall be made promptly and filed in the office of the
coroner or medical examiner. When
further investigation is deemed advisable, a copy of the report shall be
delivered to the county attorney. Every
autopsy performed pursuant to this subdivision shall, whenever practical, be
performed in the county morgue. Nothing
herein shall require the coroner or medical examiner to order an autopsy upon
the body of a deceased person if the person died of known or ascertainable
causes or had been under the care of a licensed physician immediately prior to
death or if the coroner or medical examiner determines the autopsy to be
unnecessary.
Autopsies performed pursuant to this subdivision may
include the removal, retention, testing, or use of organs, parts of organs,
fluids or tissues, at the discretion of the coroner or medical examiner, when
removal, retention, testing, or use may be useful in determining or confirming
the cause of death, mechanism of death, manner of death, identification of the
deceased, presence of disease or injury, or preservation of evidence. Such tissue retained by the coroner
or medical examiner pursuant to this subdivision shall be disposed of in
accordance with standard biohazardous hospital and/or surgical material and
does not require specific consent or notification of the legal next of
kin. When removal, retention, testing,
and use of organs, parts of organs, fluids, or tissues is deemed beneficial,
and is done only for research or the advancement of medical knowledge and
progress, written consent or documented oral consent shall be obtained from the
legal next of kin, if any, of the deceased person prior to the removal,
retention, testing, or use.
Subd. 2a. Deaths caused by fire; autopsies. The coroner shall conduct an autopsy in
the case of any human death reported to the coroner by the state fire marshal
or a chief officer under section 299F.04, subdivision 5, and apparently caused
by fire. The coroner or medical
examiner shall conduct an autopsy or require that one be performed in the case
of a death reported to the coroner or medical examiner by the state fire
marshal or a chief officer under section 299F.04, subdivision 5, and apparently
caused by fire, and in which the decedent is pronounced dead outside of a
hospital or in which identification of the decedent has not been
confirmed. If the decedent has died in a
hospital and identification is not in question, an autopsy may be performed or
ordered by the coroner or medical examiner.
Subd. 3. Other deaths; autopsies; Exhumation;
consent disinterment.
The coroner may conduct an autopsy in the case of any human death
referred to in subdivision 1, clause (3) or (4), or medical examiner may
exhume any human body and perform an autopsy on it in the case of any human
death referred to in subdivision 1 when the coroner or medical examiner judges
that the public interest requires an autopsy.
No autopsy exhumation shall be conducted unless the
surviving spouse, or legal next of kin if there is no
surviving spouse, consents to it, or the district court of the county where
the body is located or buried, upon notice as the court directs, enters an
order authorizing an autopsy or an exhumation and autopsy orders
it. Notice of such exhumation shall be
given as directed by the district court.
Application for an order may be made by the coroner, medical
examiner, or by the county attorney of the county where the body is
located or buried, and shall be granted upon a showing that the court
deems appropriate.
Subd. 4. Assistance of medical specialists. If during an investigation the coroner or
medical examiner believes the assistance of pathologists, toxicologists, deputy
coroners, laboratory technicians, or other medical, scientific, or
forensic experts is necessary to determine or confirm the cause or
manner of death, identification, time of death, or to address other
issues requiring expert opinion, the coroner shall or medical
examiner may obtain their assistance.
Subd. 5. Inquest. An inquest into a death may be held at the
request of the medical examiner and the county attorney or the coroner and the
county attorney. An inquest is optional
and the coroner or medical examiner may investigate and certify a death without
one. The coroner or medical examiner and
county attorney may decide how to empanel the inquest. Inquest records will be made public, but the
record and report of the inquest proceedings may not be used in evidence in any
civil action arising out of the death for which an inquest was ordered. Before an inquest is held, the coroner
shall notify the county attorney to appear and examine witnesses at the
inquest. Whenever the decision is
made to hold an inquest, the county attorney may issue subpoenas for witnesses
and enforce their attendance. The
persons served with subpoenas shall be allowed the same compensation and be
subject to the same enforcement and penalties as provided by Rule 22 of the
Minnesota Rules of Criminal Procedure.
Subd. 6. Records kept by coroner or medical
examiner. The coroner or
medical examiner shall keep full and complete records, properly
indexed records, giving the name, if known, of every person whose
death is investigated, the place where the body was found, the date, cause, and
manner of death, and all other relevant available information
concerning the death. that the
coroner or medical examiner considers pertinent. These records of the coroner or medical
examiner are the property of the county and subject to chapter 13. These records shall be kept at the coroner's
or medical examiner's office, unless no storage space is available. They shall then be kept with official county
records and only released in accordance with the Data Practices Act. Records shall be kept in accordance with
section 15.17.
Subd.
7. Reports
Duty to report. (a)
Deaths of the types described in this section must be promptly reported for
investigation to the coroner or medical examiner and, when appropriate, to
the law enforcement agency with jurisdiction, by the law enforcement
officer, attending physician, health care professional, mortician or
funeral director, person in charge of the public institutions referred to
in subdivision 1, or other person with knowledge of the death. anyone who discovers a deceased person. In a case in which a crime may be involved,
the coroner or medical examiner shall promptly notify the law enforcement
agency with jurisdiction over a criminal investigation of the death.
Subd. 7a.
Records and other material
available to coroner or medical examiner. (b) For the purposes of this section,
health-related records or data on a decedent, Except for health data
defined in section 13.3805, subdivision 1, paragraph (a), clause (2),
health-related records or data on a decedent whose death is being
investigated under this section, whether the records or data are recorded or
unrecorded, including but not limited to those concerning medical, surgical,
psychiatric, psychological, or any other consultation, diagnosis, or treatment,
including medical imaging, shall be made promptly available to the coroner
or medical examiner, upon the coroner's or medical examiner's written
request, by a any person, agency, entity, or organization
having custody of, possession of, access to, or knowledge of the records or
data. This provision includes records
and data, whether recorded or unrecorded, including but not limited to, records
and data, including medical imaging, concerning medical, surgical, psychiatric,
psychological, chemical dependency, or any other consultation, diagnosis, or
treatment. In cases involving a
stillborn infant or the death of a fetus or infant less than one year of age,
the prenatal records on the decedent's mother may also be subpoenaed by the
coroner or medical examiner. The
coroner or medical examiner shall pay the reasonable costs of copies of
records or data so provided to the coroner under this
section. Data collected or created
pursuant to this subdivision relating to any psychiatric, psychological, or
mental health consultation with, diagnosis of, or treatment of the decedent
whose death is being investigated shall remain confidential or protected
nonpublic data, except that the coroner's or medical examiner's final
summary report may contain a summary of, or references to, such
data. Where records of a decedent
become part of the medical examiner's or coroner's file, they are not subject
to subpoena or a request for production directed to the medical examiner or
coroner. Body fluids, slides, tissue,
organ specimens, radiographs, monitor records, video or other recordings, and
any other material or article of diagnostic value obtained from the decedent
prior to death, shall be made available to the coroner or medical examiner upon
request. Notwithstanding the provisions
of sections 13.384 and 595.02, the coroner or medical examiner shall have the
power to subpoena any and all documents, records, including medical records,
and papers deemed useful in the investigation of a death.
Subd. 7b.
Records released by coroner or
medical examiner. Records and
reports, including those of autopsies performed, generated, and certified by
the coroner or medical examiner shall be admissible as evidence in any court or
grand jury proceeding. The admissibility
of such evidence under this subdivision shall not include statements made by
witnesses or other persons unless otherwise admissible.
Subd. 8. Investigation procedure; coroner or
medical examiner in charge of body.
Upon notification of a the death subject to of
any person as defined in this section, the coroner or deputy shall
medical examiner staff or their designee may proceed to the body, take
charge of it, and, arrange for transfer of it, when appropriate. This provision also applies to bones, body
parts, and specimens that may be human remains.
Discovery of such bones, body parts, and specimens must be promptly
reported to the coroner or medical examiner.
When necessary, the coroner or medical examiner staff, in
coordination with the applicable law enforcement agency, may order that
there be no interference with or compromise of the body or the scene of
death. In the event a person is
transported to an emergency vehicle or facility and pronounced dead, the scene
of death shall include the original location of the decedent when first
discovered to be ill, unresponsive, or stricken prior to removal by emergency
medical personnel. Any person violating
such an order is guilty of a gross misdemeanor.
The coroner or medical examiner staff shall make inquiry regarding the
cause and manner of death and, in cases that fall under the medical examiner's
or coroner's jurisdiction, prepare written findings together with the report of
death and its circumstances, which shall be filed in the office of the coroner
or medical examiner.
Subd.
9. Criminal
act report. On coming to believe
that the death may have resulted from a criminal act, The coroner or deputy
medical examiner shall deliver a signed copy of the report of
investigation or inquest to the county attorney. to the county attorney copies of reports
or other information created by the coroner's or medical examiner's office in
any cases of a potential criminal nature.
Subd. 10. Sudden Infant death. If a child under the age of two years dies
suddenly and unexpectedly under circumstances indicating that the death may
have been caused by sudden infant death syndrome, the coroner, medical
examiner, or personal physician shall notify the child's parents or guardian
that an autopsy is essential to establish the cause of death as sudden infant
death syndrome. If an autopsy reveals
that sudden infant death syndrome is the cause of death, that fact must be
stated in the autopsy report., the parents or guardian of the child
shall be promptly notified of the cause of death and of the availability
of counseling services.
Subd. 11.
Autopsy fees. The coroner may charge a reasonable fee to
a person requesting an autopsy if the autopsy would not otherwise be conducted
under subdivision 1, 2, or 3.
Subd. 12. Authorized removal of the brain. If the coroner or medical examiner is
informed by a physician or pathologist that a dead person
decedent is suspected of having had Alzheimer's disease, the coroner shall
or medical examiner may authorize the removal of the brain of the dead
person for the purposes of sections 145.131 and 145.132.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 10.
Minnesota Statutes 2004, section 390.111, is amended to read:
390.111
EXPENSES AND COMPENSATION.
The county board may allow is responsible
for the reasonable and necessary compensation and expenses of the
coroner or deputies incurred for telephone tolls, telegrams, postage, the
cost of transcribing the testimony taken at an inquest, and other expenses
incurred solely for the officers' official business under this chapter.
medical examiner, assistants, investigators, and other medical specialists.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 11.
Minnesota Statutes 2004, section 390.15, is amended to read:
390.15 WITNESSES;
FEES.
The coroner or medical examiner may issue
subpoenas for witnesses, returnable immediately or at a specified time and
place. The persons served with the
subpoenas shall be allowed the fees, the coroner shall enforce their
attendance, and they shall be subject to the penalties provided by statute or
the Rules of Criminal Procedure. charge a fee for cremation approval,
duplication of reports, and other administrative functions to recover
reasonable expenses, subject to county board approval.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12. [390.151] ORGAN AND TISSUE DONATION.
The coroner or medical examiner may facilitate
donation of organs and tissues in compliance with the Uniform Anatomical Gift
Act, sections 525.921 to 525.9224.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
13. [390.152]
CREMATION APPROVAL.
After investigating deaths of persons who are to be
cremated, the coroner or medical examiner may give approval for cremation and
shall record such approval by either signing a cremation authorization form, or
electronically through the centralized electronic system for the processing of
death records established by the state registrar. It shall be a misdemeanor to perform a
cremation without such approval.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 14.
Minnesota Statutes 2004, section 390.21, is amended to read:
390.21 DISPOSITION;
BURIAL.
When a coroner holds an inquest upon view of the dead
body of any person unknown, or, being called for that purpose, does not think
it necessary, on view of the body, that an inquest be held, the coroner shall
have the body decently buried. All
expenses of the inquisition and burial shall be paid by the county where the
dead body is found. After an
investigation has been completed, including an autopsy if one is done, the body
shall be released promptly to the person or persons who have the right to
control the disposition of the body.
Section 149A.80, subdivision 2, shall control. If the identity of the deceased person is
unknown, or if the body is unclaimed, the medical examiner or coroner shall
provide for dignified burial or storage of the remains. Dignified burial shall not include cremation,
donation for anatomic dissection, burial at sea, or other disposition that will
make the body later unavailable. The
county where the dead body is found shall pay reasonable expenses of the
burial. If an estate is opened within
six years and claim made for the property or proceeds of the sale of the
property of the decedent, the county shall be reimbursed the amount spent on
burial, with interest at the statutory rate.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 15.
Minnesota Statutes 2004, section 390.221, is amended to read:
390.221
BODIES; EFFECTS; CUSTODY.
A person may not remove move, interfere
with, or handle the body or the effects of any person a decedent
subject to an investigation by the county coroner or medical examiner
except upon order of the coroner or, medical examiner,
assistant, or deputy authorized investigator. The coroner or medical examiner shall take
charge of the effects found on or near the body of a deceased person and
dispose of them as the district court directs by written order directed
under section 390.225. If a crime is
suspected in connection with the death of a deceased person is suspected,
the coroner or medical examiner may prevent any person, except law
enforcement personnel, from entering the premises, rooms, or buildings, and
shall have the custody of objects that the coroner or examiner deems material
evidence in the case. The coroner or
medical examiner shall release any property or articles needed for any criminal
investigation to law enforcement officers conducting the investigation, except
as noted in section 390.225, subdivision 2.
A willful knowing violation of this section is a gross
misdemeanor.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 16. [390.225] PROPERTY.
Subdivision 1.
Procedure. The coroner or medical examiner may take
possession of all articles that may be useful in establishing the cause or
manner of death, identification, or next of kin of the deceased, and, if taken,
mark them for identification, make an inventory, and retain them securely until
they are no longer needed for evidence or investigation. Except as noted in subdivision 2, the coroner
or medical examiner shall release any property or articles needed for any
criminal investigation to law enforcement officers conducting the
investigation.
Subd.
2.
Subd. 3.
Release of property. With the exception of firearms, when
property or articles are no longer needed for the investigation or as evidence,
the coroner or medical examiner shall release such property or articles to the
person or persons entitled to them.
Personal property, including wearing apparel, may be released to the
person entitled to control the disposition of the body of the decedent or to
the personal representative of the decedent.
Personal property not otherwise released pursuant to this subdivision
must be disposed of pursuant to section 525.393.
Subd. 4.
Firearms. The coroner or medical examiner shall
release all firearms, when no longer needed, to the law enforcement agency
handling the investigation.
Subd. 5.
Property of unknown decedents. If the name of the decedent is not known,
the coroner or medical examiner shall release such property to the county for
disposal or sale. If the unknown
decedent's identity is established and if a representative shall qualify within
six years from the time of such sale, the county administrator, or a designee,
shall pay the amount of the proceeds of the sale to the representative on
behalf of the estate upon order of the court.
If no order is made within six years, the proceeds of the sale shall
become a part of the general revenue of the county.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 17.
Minnesota Statutes 2004, section 390.23, is amended to read:
390.23 DEATH
RECORDS OF VIOLENT OR MYSTERIOUS DEATH.
No person, other than the county coroner, or
medical examiner, judge exercising probate jurisdiction, or Department of
Corrections' independent, contracted, board-certified forensic pathologist,
or, for deaths occurring within a facility licensed by the Department of
Corrections, the forensic pathologist who reviewed the death, shall issue
a record file or amend the cause or manner of death information
with the state registrar in cases of likely or suspected accidental,
suicidal, homicidal, violent, or mysterious deaths, including
suspected homicides, occurring in the county. The Department of Corrections'
independent, contracted, board-certified forensic pathologist must issue the
certificate of death in all Department of Corrections-incarcerated deaths. The forensic pathologist who reviewed the
death of an incarcerated person within a facility licensed by the Department of
Corrections may file or amend the cause or manner of death information with the
state registrar. If there is reasonable
proof that a death has occurred, but no body has been found, a judge may direct
the state registrar to register the death with the fact of death information
provided by the court order according to section 144.221, subdivision 3.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 18.
Minnesota Statutes 2004, section 390.25, is amended to read:
390.25 FINGERPRINTING
OF UNIDENTIFIED DECEASED PERSON PERSONS.
Subdivision 1.
Attempts to identify. the
coroner by section 525.393. The
coroner or medical examiner shall make reasonable attempts to identify the
deceased person promptly. These actions
may include obtaining: photographs of
the body; fingerprints from the body, if possible; formal dental examination by
a dentist with forensic training, with charting and radiographs; full body
radiographs; specimens such as tissue, blood, bone, teeth, and/or hair,
suitable for DNA analysis or other identification techniques; blood type;
photographs of items such as clothing and property found on and with the body;
and anthropological determination of age, race, sex, and stature, if
appropriate. All of these actions shall
be taken prior to the disposition of any unidentified deceased person.Each coroner shall have fingerprinted all
deceased persons in the county whose identity is not immediately
established. Within 24 hours after the
body is found, the coroner shall forward to the Bureau of Criminal Apprehension
the fingerprints, fingerprint records, and other identification data. The superintendent of the bureau shall
prescribe the form of these reports. The
duties are in addition to those imposed on
Subd. 2.
Report to BCA. After 60 days, the coroner or medical
examiner shall provide to the Bureau of Criminal Apprehension missing persons
clearinghouse information to be entered into federal and state databases that
can aid in the identification, including the National Crime Information Center
database. The coroner or medical
examiner shall provide to the Bureau of Criminal Apprehension specimens
suitable for DNA analysis. DNA profiles
and information shall be entered by the Bureau of Criminal Apprehension into
federal and state DNA databases within five business days after the completion
of the DNA analysis and procedures necessary for the entry of the DNA profile.
Subd. 3.
Other efforts to identify. Nothing in this section shall be
interpreted to preclude any medical examiner or coroner from pursuing other
efforts to identify unidentified deceased persons, including publicizing
information, descriptions, or photographs that may aid in the identification,
allowing family members to identify missing persons, and seeking to protect the
dignity of the missing persons.
Subd. 4.
Preservation of data. The coroner or medical examiner may
preserve and retain photographs, specimens, documents, and other data such as
dental records, radiographs, fingerprints, or DNA, for establishing or
confirming the identification of bodies or for other forensic purposes deemed
appropriate under the jurisdiction of the office. Upon request by an appropriate agency, or
upon the coroner or medical examiner's own initiative, the coroner or medical examiner
may make the information available to aid in the establishment of the identity
of a deceased person.
Subd. 5.
Notice to state archaeologist. After the coroner or medical examiner has
completed the investigation, the coroner or medical examiner shall notify the
state archaeologist, according to section 307.08, of all unidentified human
remains found outside of platted, recorded, or identified cemeteries and in
contexts which indicate antiquity of greater than 50 years.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 19. [390.251] REQUEST FOR EXAMINATIONS.
The coroner or medical examiner may, when requested,
make physical examinations and tests incident to any matter of a criminal
nature under consideration by the district court or county attorney, law
enforcement agency, or publicly appointed criminal defense counsel, and shall
deliver a copy of a report of such tests and examinations to the person making
the request. Such an examination does
not establish a doctor-patient relationship.
The person making the request shall pay the cost of such examinations
and tests.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 20. [390.252] CONTRACTS FOR SERVICES.
A county board may contract to perform coroner or
medical examiner services with other units of government or their agencies
under a schedule of fees approved by that board.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
21. REPEALER.
Minnesota Statutes 2004, sections 383A.36; 383B.225,
subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13; 390.006; 390.06;
390.07; 390.16; 390.17; 390.19; 390.20; 390.24; and 390.36, and Minnesota
Statutes 2005 Supplement, section 383B.225, subdivision 5, are repealed.
EFFECTIVE
DATE. This section is
effective July 1, 2006."
Delete the title and insert:
"A bill for an act relating to state government;
providing certain general criminal and sentencing provisions; regulating
controlled substances, DWI, and driving provisions; modifying or establishing
various provisions relating to public safety; regulating corrections, the
courts, and emergency communications; regulating coroners and medical
examiners; providing for electronic notarizations; regulating fraudulent or
improper financing statements; regulating computer crimes; providing penalties;
amending Minnesota Statutes 2004, sections 13.82, by adding a subdivision;
13.84, subdivisions 1, 2; 13.87, by adding a subdivision; 16D.04, subdivision
2; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445, subdivision 1;
144.7401, by adding a subdivision; 155A.07, by adding a subdivision; 169.13;
169A.20, subdivision 1; 169A.24, subdivision 1; 169A.28, subdivision 1;
169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7; 169A.52, subdivision
2; 169A.60, subdivisions 2, 4; 181.973; 219.97, subdivision 13; 237.49;
241.016, subdivision 1; 253B.02, subdivision 2; 299E.01, subdivision 2;
299F.011, subdivision 5; 346.09, subdivision 1; 346.155, subdivisions 1, 4, 5,
10, by adding a subdivision; 347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by
adding a subdivision; 359.03, subdivision 3, by adding a subdivision; 359.04;
359.05; 359.085; 375A.13, subdivision 1; 383B.65, subdivision 2; 390.005;
390.01; 390.04; 390.11; 390.111; 390.15; 390.20; 390.21; 390.221; 390.23; 390.25;
390.33, subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision 7;
403.11, subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions 2, 7,
9; 403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2; 480.182;
484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision 3;
484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68,
subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11;
517.041; 518.157, subdivision 2; 518B.01, subdivision 14, by adding a
subdivision; 525.9214; 546.27, subdivision 2; 609.101, subdivision 4; 609.102,
subdivision 2; 609.11, subdivision 7; 609.153, subdivision 1; 609.2231,
subdivision 6; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.495,
by adding a subdivision; 609.748, subdivision 6; 609.749, subdivision 4;
609.87, subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3;
611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision;
624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425, subdivision 3;
641.25; Minnesota Statutes 2005 Supplement, sections 169A.52, subdivision 4;
169A.53, subdivision 3; 171.05, subdivision 2b; 171.055, subdivision 2; 171.18,
subdivision 1; 241.06, by adding a subdivision; 243.166, subdivisions 1b, 4,
4b, 6; 244.052, subdivision 4; 244.055, subdivisions 10, 11; 244.10,
subdivisions 5, 6, 7; 270C.545; 299C.40, subdivision 1; 299C.405; 299C.65,
subdivision 2; 390.05; 403.025, subdivision 7; 403.05, subdivision 3; 403.11,
subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision 8; 403.36,
subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22; 609.02,
subdivision 16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a
subdivision; 609.485, subdivisions 2, 4; Laws 2002, chapter 266, section 1, as
amended; Laws 2005, chapter 136, article 1, section 13, subdivision 3; article
16, sections 3; 4; 5; 6; proposing coding for new law in Minnesota Statutes,
chapters 4; 241; 299A; 299C; 299F; 340A; 390; 484; 545; 604; 609; repealing
Minnesota Statutes 2004, sections 169A.41, subdivision 4; 383A.36; 383B.225,
subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13; 390.006; 390.06; 390.07;
390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30,
subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15;
487.16; 487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24;
487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36;
487.37; 487.38; 487.40; 488A.01; 488A.021; 488A.025; 488A.03; 488A.035;
488A.04; 488A.08; 488A.09; 488A.10; 488A.101; 488A.11; 488A.112; 488A.113;
488A.115; 488A.116; 488A.119; 488A.18; 488A.19; 488A.20; 488A.21; 488A.23;
488A.24; 488A.26; 488A.27; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287;
525.011; 525.012; 525.013; 525.014; 525.015; 525.02; 525.03; 525.051; 525.052;
525.053; 525.06; 525.07; 525.08; 525.081; 525.082; 525.09; 609.108, subdivision
5; 609.109, subdivisions 1, 3; 625.09; Minnesota Statutes 2005 Supplement,
sections 353.027; 383B.225, subdivision 5; 485.03; 609.108, subdivisions 1, 3,
4, 6, 7; 609.109, subdivisions 2, 4, 5, 6."
The motion prevailed and the amendment was
adopted.
H. F. No. 2656, A bill for an act relating to state
government; providing certain general criminal and sentencing provisions;
regulating controlled substances, DWI, and driving provisions; modifying or
establishing various provisions relating to public safety; regulating
corrections, the courts, and emergency communications; regulating coroners and
medical examiners; providing for electronic notarizations; regulating
fraudulent or improper financing statements; regulating computer crimes;
providing penalties; amending Minnesota Statutes 2004, sections 13.82, by
adding a subdivision; 13.84, subdivisions 1, 2; 13.87, by adding a subdivision;
16D.04, subdivision 2; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445,
subdivision 1; 144.7401, by adding a subdivision; 155A.07, by adding a
subdivision; 169.13; 169A.20, subdivision 1; 169A.24, subdivision 1; 169A.28,
subdivision 1; 169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7;
169A.52, subdivision 2; 169A.60, subdivisions 2, 4; 181.973; 219.97,
subdivision 13; 237.49; 241.016, subdivision 1; 253B.02, subdivision 2;
299E.01, subdivision 2; 299F.011, subdivision 5; 346.09, subdivision 1;
346.155, subdivisions 1, 4, 5, 10, by adding a subdivision; 347.04; 358.41;
358.42; 358.47; 358.50; 359.01, by adding a subdivision; 359.03, subdivision 3,
by adding a subdivision; 359.04; 359.05; 359.085; 375A.13, subdivision 1;
383B.65, subdivision 2; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15;
390.20; 390.21; 390.221; 390.23; 390.25; 390.33, subdivision 2; 403.02, by
adding a subdivision; 403.08, subdivision 7; 403.11, subdivisions 3b, 3c;
403.113, subdivision 3; 403.21, subdivisions 2, 7, 9; 403.33; 403.34; 403.36,
subdivision 1f; 480.181, subdivisions 1, 2; 480.182; 484.01, subdivision 1;
484.011; 484.012; 484.45; 484.54, subdivision 3; 484.545, subdivision 1;
484.64, subdivision 3; 484.65, subdivision 3; 484.68, subdivision 1; 484.702,
subdivision 5; 485.018, subdivision 5; 485.021; 485.11; 517.041; 518.157,
subdivision 2; 518B.01, subdivision 14, by adding a subdivision; 525.9214;
546.27, subdivision 2; 609.101, subdivision 4; 609.102, subdivision 2; 609.11,
subdivision 7; 609.153, subdivision 1; 609.2231, subdivision 6; 609.224,
subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.495, by adding a
subdivision; 609.748, subdivision 6; 609.749, subdivision 4; 609.87,
subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3;
611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision;
624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425, subdivision 3;
641.25; Minnesota Statutes 2005 Supplement, sections 169A.52, subdivision 4;
169A.53, subdivision 3; 171.05, subdivision 2b; 171.055, subdivision 2; 171.18,
subdivision 1; 241.06, by adding a subdivision; 243.166, subdivisions 1b, 4,
4b, 6; 244.052, subdivision 4; 244.055, subdivisions 10, 11; 244.10,
subdivisions 5, 6, 7; 270C.545; 299C.40, subdivision 1; 299C.405; 299C.65,
subdivision 2; 390.05; 403.025, subdivision 7; 403.05, subdivision 3; 403.11,
subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision 8; 403.36,
subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22; 609.02,
subdivision 16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a
subdivision; 609.485, subdivisions 2, 4; Laws 2002, chapter 266, section 1, as
amended; Laws 2005, chapter 136, article 1, section 13, subdivision 3; article
16, sections 3; 4; 5; 6; proposing coding for new law in Minnesota Statutes,
chapters 4; 241; 299A; 299C; 299F; 340A; 390; 484; 545; 604; 609; repealing
Minnesota Statutes 2004, sections 169A.41, subdivision 4; 383A.36; 383B.225,
subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13; 390.006; 390.06; 390.07;
390.16; 390.17; 390.19; 390.20; 390.24; 390.36; 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30,
subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10; 487.11; 487.13; 487.14; 487.15;
487.16; 487.17; 487.18; 487.19; 487.191; 487.20; 487.21; 487.23; 487.24;
487.25; 487.26; 487.27; 487.28; 487.29; 487.31; 487.32; 487.33; 487.34; 487.36;
487.37; 487.38; 487.40; 488A.01; 488A.021; 488A.025; 488A.03; 488A.035;
488A.04; 488A.08; 488A.09;
488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119;
488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27;
488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013;
525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07;
525.08; 525.081; 525.082; 525.09; 609.108, subdivision 5; 609.109, subdivisions
1, 3; 625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 383B.225,
subdivision 5; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 609.109,
subdivisions 2, 4, 5, 6.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Jaros
Rukavina
Walker
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3260, A bill for an act relating
to biotechnology zones; authorizing the designation of additional biotechnology
and health sciences industry zones; amending Minnesota Statutes 2004, section
469.334, subdivisions 1, 4.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Krinkie
Smith
Vandeveer
The bill was passed and its title agreed
to.
S. F. No. 2706, A bill for an act relating
to vocational rehabilitation; extending a pilot project; amending Laws 2004,
chapter 188, section 1, as amended.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
S. F. No. 2735 was reported
to the House.
Wilkin moved to amend S. F. No. 2735 as
follows:
Page 2, delete section 2
Renumber the sections in sequence
The motion prevailed and the amendment was
adopted.
S. F. No. 2735, A bill for an act relating
to legislature; regulating the Legislative Audit Commission; amending Minnesota
Statutes 2004, section 3.97, subdivisions 2, 3a; repealing Minnesota Statutes
2004, sections 3.97, subdivision 3; 3.979, subdivision 5.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed, as amended, and its
title agreed to.
S. F. No. 1040 was reported
to the House.
Greiling and Abrams moved to amend S. F.
No. 1040 as follows:
Page 1, after line 18, insert:
"Sec. 2. Minnesota
Statutes 2005 Supplement, section 383B.905, is amended to read:
383B.905 AUTHORITY AND DUTIES
OF OFFICERS AND DIRECTORS; UNPAID OFFICERS AND DIRECTORS LIABILITY FOR
DAMAGES.
Subdivision 1. In bylaws or by board. Officers and directors have the authority and
duties in the management of the business of the corporation that the bylaws
prescribe or, in the absence of such prescription, as the board determines.
Subd. 2. Ordinary prudent person standard. Officers and directors shall discharge their
duties in good faith, in the manner the officer or director reasonably believes
to be in the best interests of the corporation, and with the care an ordinary
prudent person in a like position would exercise under similar circumstances.
Subd. 3. Not trustees. Officers and directors are not considered to
be trustees with respect to the corporation or with respect to property held or
administered by the corporation, including, without limit, property that may be
subject to restrictions imposed by the donor or transferor of the property.
Subd. 4. Liability. A person who serves without compensation
as a director or officer of the corporation is exempt from civil liability to
the same extent as provided under section 317A.257 for the directors and
officers listed in section 317A.257, subdivision 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 1040, A bill for an act relating
to civil actions; limiting liability for certain conduct of persons released
from confinement; amending Minnesota Statutes 2004, section 604A.31, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 147.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Emmer
The bill was passed, as amended, and its
title agreed to.
S. F. No. 2994 was reported
to the House.
Buesgens moved to amend S. F. No. 2994 as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota
Statutes 2004, section 120A.20, subdivision 1, is amended to read:
Subdivision
1. Age
limitations; pupils. (a) All
schools supported in whole or in part by state funds are public schools. Admission to a public school is free to any
person who: (1) resides within the district that operates the school,
who; (2) is under 21 years of age, or who meets the
requirements of paragraph (c); and who (3) satisfies the
minimum age requirements imposed by this section. Notwithstanding the provisions of any law to
the contrary, the conduct of all students under 21 years of age attending a
public secondary school is governed by a single set of reasonable rules and
regulations promulgated by the school board.
No (b) A person shall not be
admitted to any a public school (1) as a kindergarten pupil,
unless the pupil is at least five years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences; or
(2) as a 1st grade student, unless the pupil is at least six years of age on
September 1 of the calendar year in which the school year for which the pupil
seeks admission commences or has completed kindergarten; except that any school
board may establish a policy for admission of selected pupils at an earlier
age.
(c) A pupil who becomes age 21 after enrollment is eligible
for continued free public school enrollment until at least one of the following
occurs: (1) the first September 1 after the pupil's 21st birthday; (2) the
pupil's completion of the graduation requirements; (3) the pupil's withdrawal
with no subsequent enrollment within 21 calendar days; or (4) the end of the
school year.
Sec. 2. Minnesota
Statutes 2004, section 123A.06, subdivision 2, is amended to read:
Subd. 2. People to be served. A center shall provide programs for secondary
pupils and adults. A center may also
provide programs and services for elementary and secondary pupils who are not
attending the center to assist them in being successful in school. A center shall use research-based best
practices for serving limited English proficient students and their parents. An individual education plan team may
identify a center as an appropriate placement to the extent a center can
provide the student with the appropriate special education services described
in the student's plan. Pupils eligible
to be served are those age five to adults 22 and older who qualify under
the graduation incentives program in section 124D.68, subdivision 2, those
enrolled under section 124D.02, subdivision 2, or those pupils who are
eligible to receive special education services under sections 125A.03 to
125A.24, and 125A.65.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 123B.76, subdivision 3, is amended to read:
Subd. 3. Expenditures by building. (a) For the purposes of this section,
"building" means education site as defined in section 123B.04,
subdivision 1.
(b) Each district shall maintain separate accounts to
identify general fund expenditures for each building. All expenditures for regular instruction,
secondary vocational instruction, and school administration must be reported to
the department separately for each building.
All expenditures for special education instruction, instructional
support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary expenditures reported by building must
reflect actual salaries for staff at the building and must not be based on
districtwide averages. All other general
fund expenditures may be reported by building or on a districtwide basis.
(c) The department must annually report information showing
school district general fund expenditures per pupil by program category for
each building and estimated school district general fund revenue generated by
pupils attending each building on its Web site.
For purposes of this report:
(1) expenditures not reported by building shall be allocated
among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;
(3)
secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;
(4) alternative teacher compensation revenue shall be
allocated according to section 122A.415, subdivision 1;
(5) other general education revenue shall be allocated on
a uniform per pupil unit basis;
(5) (6) first grade preparedness aid shall
be allocated according to section 124D.081;
(6) (7) state and federal special
education aid and Title I aid shall be allocated in proportion to district expenditures
for these programs by building; and
(7) (8) other general fund revenues shall be
allocated on a uniform per pupil basis, except that the department may allocate
other revenues attributable to specific buildings directly to those buildings.
Sec. 4. Minnesota
Statutes 2004, section 124D.02, subdivision 2, is amended to read:
Subd. 2. Secondary school programs. The board may permit a person who is over the
age of 21 or who has graduated from high school to enroll as a part-time
student in a class or program at a secondary school if there is space
available. In determining if there is
space available, full-time public school students, eligible
for free enrollment under section 120A.20, subdivision 1, and shared-time
students shall be given priority over students seeking enrollment pursuant
to this subdivision, and students returning to complete a regular course of
study shall be given priority over part-time other students
seeking enrollment pursuant to this subdivision. The following are not prerequisites for
enrollment:
(1) residency in the school district;
(2) United States citizenship; or
(3) for a person over the age of 21, a high school diploma or
equivalency certificate. A person may
enroll in a class or program even if that person attends evening school, an
adult or continuing education, or a postsecondary educational program or
institution.
Sec. 5. Minnesota
Statutes 2004, section 124D.02, subdivision 4, is amended to read:
Subd. 4. Part-time student fee. Notwithstanding the provisions of sections
120A.20 and 123B.37, a board may charge a part-time student enrolled
pursuant to subdivision 2 a reasonable fee for a class or program.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 124D.68, subdivision 2, is amended to read:
Subd. 2. Eligible pupils. The following pupils are A pupil
under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), is eligible to participate in the graduation
incentives program:
(a) any pupil under the age of 21 who, if the
pupil:
(1) performs substantially below the performance level for
pupils of the same age in a locally determined achievement test;
(2) is at least one year behind in satisfactorily completing
coursework or obtaining credits for graduation;
(3) is pregnant or is a parent;
(4)
has been assessed as chemically dependent;
(5) has been excluded or expelled according to sections
121A.40 to 121A.56;
(6) has been referred by a school district for enrollment in
an eligible program or a program pursuant to section 124D.69;
(7) is a victim of physical or sexual abuse;
(8) has experienced mental health problems;
(9) has experienced homelessness sometime within six months
before requesting a transfer to an eligible program;
(10) speaks English as a second language or has limited
English proficiency; or
(11) has withdrawn from school or has been chronically
truant; or
(b) any person who is at least 21 years of age and who:
(1) has received fewer than 14 years of public or nonpublic
education, beginning at age 5;
(2) has not completed the requirements for a high school
diploma; and
(3) at the time of application, (i) is eligible for
unemployment benefits or has exhausted the benefits, (ii) is eligible for, or
is receiving income maintenance and support services, as defined in section
116L.19, subdivision 5, or (iii) is eligible for services under the displaced
homemaker program or any programs under the federal Jobs Training Partnership
Act or its successor.
(12) is being treated in a hospital in the seven-county
metropolitan area for cancer or other life threatening illness or is the
sibling of an eligible pupil who is being currently treated, and resides with
the pupil's family at least 60 miles beyond the outside boundary of the
seven-county metropolitan area.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to eligible pupils in
the 2005-2006 school year and later.
Sec. 7. Minnesota
Statutes 2004, section 124D.68, subdivision 3, is amended to read:
Subd. 3. Eligible programs. (a) A pupil who is eligible according to
subdivision 2 may enroll in area learning centers under sections 123A.05 to
123A.08.
(b) A pupil who is eligible according to subdivision 2 and
who is between the ages of 16 and 21 may enroll in postsecondary courses under
section 124D.09.
(c) A pupil who is eligible under subdivision 2, may enroll
in any public elementary or secondary education program. However, a person who is eligible
according to subdivision 2, clause (b), may enroll only if the school board has
adopted a resolution approving the enrollment.
(d)
A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to
provide educational services. However,
notwithstanding other provisions of this section, only a pupil who is eligible
under subdivision 2, clause (12), may enroll in a contract alternative school
that is specifically structured to provide educational services to such a pupil.
(e) A pupil who is between the ages of 16 and 21 may enroll
in any adult basic education programs approved under section 124D.52 and
operated under the community education program contained in section 124D.19.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to eligible programs in
the 2005-2006 school year and later.
Sec. 8. Minnesota
Statutes 2004, section 126C.05, subdivision 1, is amended to read:
Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil
under the age of 21 or who meets the requirements of section 120A.20,
subdivision 1, paragraph (c), in average daily membership enrolled in the
district of residence, in another district under sections 123A.05 to 123A.08,
124D.03, 124D.06, 124D.07, 124D.08, or 124D.68; in a charter school under
section 124D.10; or for whom the resident district pays tuition under section
123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4,
124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted
according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled
in a program approved by the commissioner and has an individual education plan
is counted as the ratio of the number of hours of assessment and education
service to 825 times 1.25 with a minimum average daily membership of 0.28, but
not more than 1.25 pupil units.
(b) A prekindergarten pupil who is assessed but determined
not to be handicapped is counted as the ratio of the number of hours of
assessment service to 825 times 1.25.
(c) A kindergarten pupil with a disability who is enrolled in
a program approved by the commissioner is counted as the ratio of the number of
hours of assessment and education services required in the fiscal year by the
pupil's individual education program plan to 875, but not more than one.
(d) A kindergarten pupil who is not included in paragraph (c)
is counted as .557 of a pupil unit for fiscal year 2000 and thereafter.
(e) A pupil who is in any of grades 1 to 3 is counted as
1.115 pupil units for fiscal year 2000 and thereafter.
(f) A pupil who is any of grades 4 to 6 is counted as 1.06
pupil units for fiscal year 1995 and thereafter.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.3
pupil units.
(h) A pupil who is in the postsecondary enrollment options
program is counted as 1.3 pupil units.
Sec. 9. Minnesota
Statutes 2004, section 126C.10, subdivision 6, is amended to read:
Subd. 6. Definitions. The definitions in this subdivision apply
only to subdivisions 7 and 8.
(a) "High school" means a public secondary
school, except a charter school under section 124D.10, that has pupils
enrolled in at least the 10th, 11th, and 12th grades. If there is no secondary high
school in the district that has pupils enrolled in at least the 10th, 11th,
and 12th grades, and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high
school for the purposes of this section.
(b)
"Secondary average daily membership" means, for a district that has
only one high school, the average daily membership of pupils served in grades 7
through 12. For a district that has more
than one high school, "secondary average daily membership" for each
high school means the product of the average daily membership of pupils served
in grades 7 through 12 in the high school, times the ratio of six to the number
of grades in the high school.
(c) "Attendance area" means the total surface area
of the district, in square miles, divided by the number of high schools in the
district. For a district that does not
operate a high school and is less than 19 miles from the nearest operating high
school, the attendance area equals zero.
(d) "Isolation index" for a high school means the
square root of 55 percent of the attendance area plus the distance in miles,
according to the usually traveled routes, between the high school and the
nearest high school. For a district in which
there is located land defined in section 84A.01, 84A.20, or 84A.31, the
distance in miles is the sum of:
(1) the square root of one-half of the attendance area; and
(2) the distance from the border of the district to the
nearest high school.
(e) "Qualifying high school" means a high school
that has an isolation index greater than 23 and that has secondary average
daily membership of less than 400.
(f) "Qualifying elementary school" means an
a public elementary school, except a charter school under section
124D.10, that is located 19 miles or more from the nearest elementary
school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer
per grade.
(g) "Elementary average daily membership" means,
for a district that has only one elementary school, the average daily
membership of pupils served in kindergarten through grade 6. For a district that has more than one
elementary school, "average daily membership" for each school means
the average daily membership of pupils served in kindergarten through grade 6
multiplied by the ratio of seven to the number of grades in the elementary
school.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 126C.10, subdivision 31, is amended to read:
Subd. 31. Transition revenue. (a) A district's transition allowance equals
the greater of zero or the product of the ratio of the number of adjusted
marginal cost pupil units the district would have counted for fiscal year 2004
under Minnesota Statutes 2002 to the district's adjusted marginal cost pupil
units for fiscal year 2004, times the difference between: (1) the lesser of the
district's general education revenue per adjusted marginal cost pupil unit for
fiscal year 2003 or the amount of general education revenue the district would
have received per adjusted marginal cost pupil unit for fiscal year 2004
according to Minnesota Statutes 2002, and (2) the district's general education
revenue for fiscal year 2004 excluding transition revenue divided by the number
of adjusted marginal cost pupil units the district would have counted for
fiscal year 2004 under Minnesota Statutes 2002.
(b) A district's transition revenue for fiscal year 2006 and
later equals the sum of district
before July 1, 2003, and reported as kindergarten pupils under section 126C.05,
subdivision 1, for fiscal year 2004, plus (3) the amount of compensatory
education revenue under subdivision 3 for fiscal year 2005 attributable to
pupils four years of age on September 1, 2003, enrolled in a prekindergarten
program implemented by the district before July 1, 2003, and reported as
kindergarten pupils under section 126C.05, subdivision 1, for fiscal year 2004
multiplied by .04 the district's transition for prekindergarten revenue
under subdivision 31a.(1) the product of the district's transition
allowance times the district's adjusted marginal cost pupil units plus (2)
the amount of referendum revenue under section 126C.17 and general education
revenue, excluding transition revenue, for fiscal year 2004 attributable to
pupils four or five years of age on September 1, 2003, enrolled in a
prekindergarten program implemented by the
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2007 and later.
Sec. 11. Minnesota
Statutes 2004, section 126C.10, is amended by adding a subdivision to read:
Subd. 31a.
Transition for prekindergarten
revenue. For fiscal year 2007
and later, a school district's transition for prekindergarten revenue equals
the sum of (1) the amount of referendum revenue under section 126C.17 and
general education revenue, excluding transition revenue, for fiscal year 2004
attributable to pupils four or five years of age on September 1, 2003, enrolled
in a prekindergarten program implemented by the district before July 1, 2003,
and reported as kindergarten pupils under section 126C.05, subdivision 1, for
fiscal year 2004, plus (2) the amount of compensatory education revenue under
subdivision 3 for fiscal year 2005 attributable to pupils four years of age on
September 1, 2003, enrolled in a prekindergarten program implemented by the
district before July 1, 2003, and reported as kindergarten pupils under section
126C.05, subdivision 1, for fiscal year 2004 multiplied by .04.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2007 and later.
Sec. 12. Minnesota
Statutes 2004, section 126C.10, is amended by adding a subdivision to read:
Subd. 31b.
Uses of transition for
prekindergarten revenue. A
school district that receives revenue under subdivision 31a must reserve that
revenue for prekindergarten programs serving students who turn age four by
September 1 and who will enter kindergarten the following year.
EFFECTIVE
DATE. This section is
effective for fiscal year 2007 and later.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. Referendum revenue. (a) The revenue authorized by section
126C.10, subdivision 1, may be increased in the amount approved by the voters
of the district at a referendum called for the purpose. The referendum may be called by the board or
shall be called by the board upon written petition of qualified voters of the
district. The referendum must be
conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only
one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail
under paragraph (g), the referendum must be held on the first Tuesday after the
first Monday in November. The ballot
must state the maximum amount of the increased revenue per resident marginal
cost pupil unit. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation.
For this purpose, the rate of inflation shall be the annual inflationary
increase calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum
levy authority is expiring. In this
case, the ballot may also compare the proposed levy authority to the existing
expiring levy authority, and express the proposed increase as the amount, if
any, over the expiring referendum levy authority. The ballot must designate the specific number
of years, not to exceed ten, for which the referendum authorization applies. The ballot, including a ballot on the
question to revoke or reduce the increased revenue amount under paragraph (c),
must abbreviate the term "per resident marginal cost pupil unit" as
"per pupil." The notice required under section 275.60 may be modified
to read, in cases of renewing existing levies:
"BY
VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING FOR A
PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information
required in this subdivision and a question stating substantially the
following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county
treasurer. Every property owner whose name
does not appear on the records of the county auditor or the county treasurer is
deemed to have waived this mailed notice unless the owner has requested in
writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads,
agricultural homesteads, apartments, and commercial-industrial property within
the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars for
typical residential homesteads, agricultural homesteads, apartments, and
commercial-industrial property within the district.
The notice must include the following statement:
"Passage of this referendum will result in an increase in your property
taxes." However, in cases of renewing existing levies, the notice may
include the following statement: "Passage of this referendum may result in
an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A
referendum to revoke or reduce the revenue amount must state the amount per
resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph (a) must be available to the school district
at least once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only one
revocation or reduction referendum may be held to revoke or reduce referendum
revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is
effective if signed by a number of qualified voters in excess of 15 percent of
the registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on
the question is required to pass a referendum authorized by this subdivision.
(f)
At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the
county auditor of each county in which the district is located. Within 15 days after the results of the
referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the
district must notify the commissioner of the results of the referendum.
EFFECTIVE
DATE. This section is
effective for referenda conducted on or after July 1, 2006.
Sec. 14. Minnesota
Statutes 2005 Supplement, section 126C.43, subdivision 2, is amended to read:
Subd. 2. Payment to unemployment insurance program
trust fund by state and political subdivisions. (a) A district may levy the amount
necessary (i) (1) to pay the district's obligations under section
268.052, subdivision 1, and (ii) (2) to pay for job placement
services offered to employees who may become eligible for benefits pursuant to
section 268.085 for the fiscal year the levy is certified.
(b) Districts with a balance remaining in their reserve for
reemployment as of June 30, 2003, may not expend the reserved funds for future
reemployment expenditures. Each year a
levy reduction must be made to return these funds to taxpayers. The amount of the levy reduction must be
equal to the lesser of: (1) the remaining reserved balance for reemployment, or
(2) the amount of the district's current levy under paragraph (a).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2004, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
Each district may make a levy on all taxable property located
within the district for the purposes specified in this section. The maximum amount which may be levied for
all costs under this section shall be equal to $27 multiplied by the district's
adjusted marginal cost pupil units for the school year. The proceeds of the levy must be reserved
and used for directly funding the following purposes or for reimbursing the
cities and counties who contract with the district for the following purposes:
(1) to pay the costs incurred for the salaries, benefits, and transportation
costs of peace officers and sheriffs for liaison in services in the district's
schools; (2) to pay the costs for a drug abuse prevention program as defined in
section 609.101, subdivision 3, paragraph (e), in the elementary schools; (3)
to pay the costs for a gang resistance education training curriculum in the
district's schools; (4) to pay the costs for security in the district's schools
and on school property; or (5) to pay the costs for other crime prevention,
drug abuse, student and staff safety, and violence prevention measures taken by
the school district. For expenditures
under clause (1), the district must initially attempt to contract for
services to be provided by peace officers or sheriffs with the police department
of each city or the sheriff's department of the county within the district
containing the school receiving the services.
If a local police department or a county sheriff's department does not
wish to provide the necessary services, the district may contract for these
services with any other police or sheriff's department located entirely or
partially within the school district's boundaries. The levy authorized under this section is
not included in determining the school district's levy limitations.
EFFECTIVE
DATE. This section is
effective for revenue for fiscal year 2006.
Sec. 16. Minnesota
Statutes 2005 Supplement, section 127A.45, subdivision 10, is amended to read:
Subd. 10. Payments to school nonoperating funds. Each fiscal year state general fund payments
for a district nonoperating fund must be made at the current year aid payment
percentage of the estimated entitlement during the fiscal year of the
entitlement. This amount shall be paid
in 12 equal monthly installments. The
amount of the actual entitlement, after adjustment for actual data, minus the
payments made during the fiscal year of the entitlement must be
paid prior to October 31 of the following school year. The commissioner may make advance payments of
debt service equalization aid and state-paid tax credits for a
district's debt service fund earlier than would occur under the preceding
schedule if the district submits evidence showing a serious cash flow problem
in the fund. The commissioner may make
earlier payments during the year and, if necessary, increase the percent of the
entitlement paid to reduce the cash flow problem.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. REPEALER.
Minnesota Statutes 2004, section 120A.20, subdivision 3, is
repealed.
ARTICLE 2
EDUCATION EXCELLENCE
Section 1. Minnesota
Statutes 2004, section 120A.22, subdivision 3, is amended to read:
Subd. 3. Parent defined; residency determined. (a) In this section and sections 120A.24 and
120A.26, "parent" means a parent, guardian, or other person having
legal custody of a child.
(b) In sections 125A.03 to 125A.24 and 125A.65,
"parent" means a parent, guardian, or other person having legal
custody of a child under age 18. For an
unmarried pupil age 18 or over, "parent" means the pupil unless a
guardian or conservator has been appointed, in which case it means the guardian
or conservator.
(c) For purposes of sections 125A.03 to 125A.24 and 125A.65,
the school district of residence for an unmarried pupil age 18 or over who is a
parent under paragraph (b) and who is placed in a center for care and
treatment, shall be the school district in which the pupil's biological or
adoptive parent or designated guardian resides.
(d) For a married pupil age 18 or over, the school district
of residence is the school district in which the married pupil resides.
(e) If a district reasonably believes that a student does not
meet the residency requirements of the school district in which the student is
attending school, the student may be removed from the school only after the
district sends the student's parents written notice of the district's belief,
including the facts upon which the belief is based, and an opportunity to
provide documentary evidence of residency in person to the superintendent or
designee, or, at the option of the parents, by sending the documentary evidence
to the superintendent, or a designee, who will then make a determination as to
the residency status of the student.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 120B.021, subdivision 1a, is amended to read:
Subd. 1a. Rigorous course of study; waiver. (a) Upon receiving a student's application
signed by the student's parent or guardian, a school district, area learning
center, or charter school must declare that a student meets or exceeds a
specific academic standard required for graduation under this section if the
local school board, the school board of the school district in which the area
learning center is located, or the charter school board of directors determines
that the student:
(1) is participating in a course of study, including an
advanced placement or international baccalaureate course or program; a learning
opportunity outside the curriculum of the district, area learning center, or
charter school; or an approved preparatory program for employment or
postsecondary education that is equally or more rigorous than the corresponding
state or local academic standard required by the district, area learning
center, or charter school;
(2)
would be precluded from participating in the rigorous course of study, learning
opportunity, or preparatory employment or postsecondary education program if
the student were required to achieve the academic standard to be waived; and
(3) satisfactorily completes the requirements for the
rigorous course of study, learning opportunity, or preparatory employment or
postsecondary education program.
Consistent
with the requirements of this section, the local school board, the school board
of the school district in which the area learning center is located, or the
charter school board of directors also may formally determine other
circumstances in which to declare that a student meets or exceeds a specific
academic standard that the site requires for graduation under this section.
(b) A student who satisfactorily completes a postsecondary
enrollment options course or program under section 124D.09, or an advanced
placement or international baccalaureate course or program under section
120B.13, is not required to complete other requirements of the academic
standards corresponding to that specific rigorous course of study.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2004, section 120B.023, is amended to read:
120B.023 BENCHMARKS.
Subdivision 1.
Benchmarks implement,
supplement statewide academic standards. (a) The commissioner must supplement required
state academic standards with grade-level benchmarks. High school benchmarks may cover more than
one grade. The benchmarks must implement
statewide academic standards by specifying the academic knowledge and skills
that schools must offer and students must achieve to satisfactorily complete a
state standard. The commissioner must
publish benchmarks are published to inform and guide parents,
teachers, school districts, and other interested persons and for to
use in developing tests consistent with the benchmarks.
(b) The commissioner shall publish benchmarks in the State
Register and transmit the benchmarks in any other manner that makes them
accessible to the general public. The
commissioner may charge a reasonable fee for publications.
(c) Once established, the commissioner may change the
benchmarks only with specific legislative authorization and after completing a
review under paragraph (d) subdivision 2.
(d) The commissioner must develop and implement a system for
reviewing on a four-year cycle each of the required academic standards
and related benchmarks and elective standards beginning in the 2006-2007
school year on a periodic cycle, consistent with subdivision 2.
(e) The benchmarks are not subject to chapter 14 and section
14.386 does not apply.
Subd. 2. Revisions and reviews required. (a) The commissioner of education must revise
and appropriately embed technology and information literacy standards
consistent with recommendations from school media specialists into the state's
academic standards and graduation requirements and implement a review cycle for
state academic standards and related benchmarks, consistent with this
subdivision. During each review cycle,
the commissioner also must examine the alignment of each required academic
standard and related benchmark with the knowledge and skills students need for
college readiness and advanced work in the particular subject area.
(b)
The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to
require that students satisfactorily complete the revised mathematics
standards, beginning in the 2010-2011 school year. Under the revised standards:
(1) students must satisfactorily complete an algebra I credit
by the end of eighth grade; and
(2) students scheduled to graduate in the 2014-2015 school
year or later must satisfactorily complete an algebra II credit or its
equivalent.
The
commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the
2010-2011 school year are aligned with the state academic standards in
mathematics. The statewide 11th grade
mathematics test administered to students under clause (2) beginning in the
2013-2014 school year must include algebra II test items that are aligned with
corresponding state academic standards in mathematics. The commissioner must implement a review of
the academic standards and related benchmarks in mathematics beginning in the
2015-2016 school year.
(c) The commissioner in the 2007-2008 school year must revise
and align the state's academic standards and high school graduation
requirements in the arts to require that students satisfactorily complete the
revised arts standards beginning in the 2010-2011 school year. The commissioner must implement a review of
the academic standards and related benchmarks in arts beginning in the
2016-2017 school year.
(d) The commissioner in the 2008-2009 school year must revise
and align the state's academic standards and high school graduation
requirements in science to require that students satisfactorily complete the
revised science standards, beginning in the 2011-2012 school year. Under the revised standards, students
scheduled to graduate in the 2014-2015 school year or later must satisfactorily
complete a chemistry or physics credit.
The commissioner must implement a review of the academic standards and
related benchmarks in science beginning in the 2017-2018 school year.
(e) The commissioner in the 2009-2010 school year must revise
and align the state's academic standards and high school graduation
requirements in language arts to require that students satisfactorily complete
the revised language arts standards beginning in the 2012-2013 school
year. The commissioner must implement a
review of the academic standards and related benchmarks in language arts
beginning in the 2018-2019 school year.
(f) The commissioner in the 2010-2011 school year must revise
and align the state's academic standards and high school graduation
requirements in social studies to require that students satisfactorily complete
the revised social studies standards beginning in the 2013-2014 school
year. The commissioner must implement a
review of the academic standards and related benchmarks in social studies
beginning in the 2019-2020 school year.
(g) School districts and charter schools must revise and
align local academic standards and high school graduation requirements in
health, physical education, world languages, and career and technical education
to require students to complete the revised standards beginning in a school
year determined by the school district or charter school. School districts and charter schools must
formally establish a periodic review cycle for the academic standards and related
benchmarks in health, physical education, world languages, and career and
technical education.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
4. Minnesota Statutes 2004, section
120B.024, is amended to read:
120B.024 GRADUATION
REQUIREMENTS; COURSE CREDITS.
(a) Students beginning 9th grade in the 2004-2005 school
year and later must successfully complete the following high school level
course credits for graduation:
(1) four credits of language arts;
(2) three credits of mathematics, encompassing at least
algebra, geometry, statistics, and probability sufficient to satisfy the
academic standard;
(3) three credits of science, including at least one credit
in biology;
(4) three and one-half credits of social studies,
encompassing at least United States history, geography, government and
citizenship, world history, and economics or three credits of social studies
encompassing at least United States history, geography, government and
citizenship, and world history, and one-half credit of economics taught in a
school's social studies, agriculture education, or business department;
(5) one credit in the arts; and
(6) a minimum of seven elective course credits.
A course credit is equivalent to a student successfully
completing an academic year of study or a student mastering the applicable
subject matter, as determined by the local school district.
(b) An agriculture science course may fulfill a science
credit requirement in addition to the specified science credits in biology and
chemistry or physics under paragraph (a), clause (3).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 120B.131, subdivision 2, is amended to read:
Subd. 2. Reimbursement for examination fees. The state may reimburse college-level
examination program (CLEP) fees for a Minnesota public or nonpublic high
school student who has successfully completed one or more college-level courses
in high school and earned a satisfactory score on one or more CLEP
examinations in the subject matter of each examination in the
following subjects: composition and
literature, mathematics and science, social sciences and history, foreign
languages, and business and humanities.
The state may reimburse each successful student for up to six
examination fees. The commissioner shall
establish application procedures and a process and schedule for fee
reimbursements. The commissioner must
give priority to reimburse the CLEP examination fees of students of low-income
families.
Sec. 6. Minnesota
Statutes 2004, section 121A.035, is amended to read:
121A.035 CRISIS MANAGEMENT
POLICY.
Subdivision 1. Model policy. By December 1, 1999, The commissioner
shall maintain and make available to school boards and charter schools a
model crisis management policy that includes, among other items, school
lock-down and tornado drills, consistent with subdivision 2, and school fire
drills under section 299F.30.
Subd.
2. School
district and charter school policy.
By July 1, 2000, A school board and a charter school must
adopt a district crisis management policy to address potential violent
crisis situations in the district or charter school. The policy must be developed in
consultation cooperatively with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, other
emergency management officials, county attorney offices, social service
agencies, emergency medical responders, and any other appropriate
individuals or organizations. The policy
must include at least five school lock-down drills, five school fire drills
consistent with section 299F.30, and one tornado drill.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year and later.
Sec. 7. [121A.037] SCHOOL SAFETY DRILLS.
Private schools and educational institutions not subject to
section 121A.035 must have at least five school lock-down drills, five school
fire drills consistent with section 299F.30, and one tornado drill.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year.
Sec. 8. Minnesota
Statutes 2004, section 123B.77, is amended by adding a subdivision to read:
Subd. 1a. School district consolidated financial
statement. The commissioner,
in consultation with the advisory committee on financial management,
accounting, and reporting, shall develop and maintain a school district
consolidated financial statement format that converts uniform financial
accounting and reporting standards data under subdivision 1 into a more
understandable format.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 123B.77, subdivision 3, is amended to read:
Subd. 3. Statement for comparison and correction. (a) By November 30 of the calendar
year of the submission of the unaudited financial data, the district must
provide to the commissioner audited financial data for the preceding fiscal
year. The audit must be conducted in
compliance with generally accepted governmental auditing standards, the federal
Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited
financial statement prepared in a form which will allow comparison with and
correction of material differences in the unaudited financial data shall be
submitted to the commissioner and the state auditor by December 31. The audited financial statement must also
provide a statement of assurance pertaining to uniform financial accounting and
reporting standards compliance and a copy of the management letter submitted to
the district by the school district's auditor.
(b) By January 15 of the calendar year following the
submission of the unaudited financial data, the commissioner shall convert the
audited financial data required by this subdivision into the consolidated
financial statement format required under subdivision 1a and publish the
information on the department's Web site.
EFFECTIVE
DATE. This section is
effective for financial statements prepared in 2006 and later.
Sec. 10. Minnesota
Statutes 2004, section 123B.91, is amended by adding a subdivision to read:
Subd. 1a. Compliance by nonpublic and charter
school students. A nonpublic
or charter school student transported by a public school district shall comply
with student bus conduct and student bus discipline policies of the
transporting public school district.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
11. Minnesota Statutes 2005 Supplement,
section 123B.92, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section and section
125A.76, the terms defined in this subdivision have the meanings given to them.
(a) "Actual expenditure per pupil transported in the
regular and excess transportation categories" means the quotient obtained
by dividing:
(1) the sum of:
(i) all expenditures for transportation in the regular
category, as defined in paragraph (b), clause (1), and the excess category, as
defined in paragraph (b), clause (2), plus
(ii) an amount equal to one year's depreciation on the
district's school bus fleet and mobile units computed on a straight line basis
at the rate of 15 percent per year for districts operating a program under
section 124D.128 for grades 1 to 12 for all students in the district and 12-1/2
percent per year for other districts of the cost of the fleet, plus
(iii) an amount equal to one year's depreciation on the
district's type three school buses, as defined in section 169.01, subdivision
6, clause (5), which must be used a majority of the time for pupil
transportation purposes, computed on a straight line basis at the rate of 20
percent per year of the cost of the type three school buses by:
(2) the number of pupils eligible for transportation in the
regular category, as defined in paragraph (b), clause (1), and the excess
category, as defined in paragraph (b), clause (2).
(b) "Transportation category" means a category of
transportation service provided to pupils as follows:
(1) Regular transportation is:
(i) transportation to and from school during the regular
school year for resident elementary pupils residing one mile or more from the
public or nonpublic school they attend, and resident secondary pupils residing
two miles or more from the public or nonpublic school they attend, excluding
desegregation transportation and noon kindergarten transportation; but with
respect to transportation of pupils to and from nonpublic schools, only to the
extent permitted by sections 123B.84 to 123B.87;
(ii) transportation of resident pupils to and from language
immersion programs;
(iii) transportation of a pupil who is a custodial parent and
that pupil's child between the pupil's home and the child care provider and
between the provider and the school, if the home and provider are within the
attendance area of the school;
(iv) transportation to and from or board and lodging in
another district, of resident pupils of a district without a secondary school;
and
(v) transportation to and from school during the regular
school year required under subdivision 3 for nonresident elementary pupils when
the distance from the attendance area border to the public school is one mile
or more, and for nonresident secondary pupils when the distance from the
attendance area border to the public school is two miles or more, excluding
desegregation transportation and noon kindergarten transportation.
For
the purposes of this paragraph, a district may designate a licensed day care
facility, school day care facility, respite care facility, the residence
of a relative, or the residence of a person chosen by the pupil's parent or
guardian as the home of a pupil for part or all of the day, if requested by the
pupil's parent or guardian, and if that facility or residence is within the
attendance area of the school the pupil attends.
(2) Excess transportation is:
(i) transportation to and from school during the regular
school year for resident secondary pupils residing at least one mile but less
than two miles from the public or nonpublic school they attend, and transportation
to and from school for resident pupils residing less than one mile from school
who are transported because of extraordinary traffic, drug, or crime hazards;
and
(ii) transportation to and from school during the regular
school year required under subdivision 3 for nonresident secondary pupils when
the distance from the attendance area border to the school is at least one mile
but less than two miles from the public school they attend, and for nonresident
pupils when the distance from the attendance area border to the school is less
than one mile from the school and who are transported because of extraordinary
traffic, drug, or crime hazards.
(3) Desegregation transportation is transportation within and
outside of the district during the regular school year of pupils to and from
schools located outside their normal attendance areas under a plan for
desegregation mandated by the commissioner or under court order.
(4) "Transportation services for pupils with
disabilities" is:
(i) transportation of pupils with disabilities who cannot be
transported on a regular school bus between home or a respite care facility and
school;
(ii) necessary transportation of pupils with disabilities
from home or from school to other buildings, including centers such as
developmental achievement centers, hospitals, and treatment centers where
special instruction or services required by sections 125A.03 to 125A.24,
125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;
(iii) necessary transportation for resident pupils with
disabilities required by sections 125A.12, and 125A.26 to 125A.48;
(iv) board and lodging for pupils with disabilities in a
district maintaining special classes;
(v) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, and necessary transportation required by sections
125A.18, and 125A.26 to 125A.48, for resident pupils with disabilities who are
provided special instruction and services on a shared-time basis or if resident
pupils are not transported, the costs of necessary travel between public and
private schools or neutral instructional sites by essential personnel employed
by the district's program for children with a disability;
(vi) transportation for resident pupils with disabilities to
and from board and lodging facilities when the pupil is boarded and lodged for
educational purposes; and
(vii) services described in clauses (i) to (vi), when provided
for pupils with disabilities in conjunction with a summer instructional program
that relates to the pupil's individual education plan or in conjunction with a
learning year program established under section 124D.128.
For
purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with
disabilities includes (A) the additional cost of transporting a homeless
student from a temporary nonshelter home in another district to the school of
origin, or a formerly homeless student from a permanent home in another
district to the school of origin but only through the end of the academic year;
and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities,
calculated according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure
per pupil transported in the regular and excess transportation categories
according to paragraph (a).
(5) "Nonpublic nonregular transportation" is:
(i) transportation from one educational facility to another
within the district for resident pupils enrolled on a shared-time basis in
educational programs, excluding transportation for nonpublic pupils with
disabilities under clause (4);
(ii) transportation within district boundaries between a
nonpublic school and a public school or a neutral site for nonpublic school
pupils who are provided pupil support services pursuant to section 123B.44; and
(iii) late transportation home from school or between schools
within a district for nonpublic school pupils involved in after-school
activities.
(c) "Mobile unit" means a vehicle or trailer
designed to provide facilities for educational programs and services, including
diagnostic testing, guidance and counseling services, and health services. A mobile unit located off nonpublic school premises
is a neutral site as defined in section 123B.41, subdivision 13.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 123B.92, subdivision 5, is amended to read:
Subd. 5. District reports. (a) Each district must report data to the
department as required by the department to account for transportation
expenditures.
(b) Salaries and fringe benefits of district employees whose
primary duties are other than transportation, including central office
administrators and staff, building administrators and staff, teachers, social
workers, school nurses, and instructional aides, must not be included in a
district's transportation expenditures, except that a district may include
salaries and benefits according to paragraph (c) for (1) an employee designated
as the district transportation director, (2) an employee providing direct
support to the transportation director, or (3) an employee providing direct
transportation services such as a bus driver or bus aide.
(c) Salaries and fringe benefits of other the
district employees listed in paragraph (b), clauses (1), (2), and (3), who
work part time in transportation and part time in other areas must not be
included in a district's transportation expenditures unless the district
maintains documentation of the employee's time spent on pupil transportation
matters in the form and manner prescribed by the department.
(d) Pupil transportation expenditures, excluding expenditures
for capital outlay, leased buses, student board and lodging, crossing guards,
and aides on buses, must be allocated among transportation categories based on
cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route, regardless
of whether the transportation services are provided on district-owned or
contractor-owned school buses.
Expenditures for school bus driver salaries and fringe benefits may
either be directly charged to the appropriate transportation category or may be
allocated among transportation
categories based on cost-per-mile, cost-per-student, cost-per-hour, or
cost-per-route. Expenditures by private
contractors or individuals who provide transportation exclusively in one
transportation category must be charged directly to the appropriate
transportation category. Transportation
services provided by contractor-owned school bus companies incorporated under
different names but owned by the same individual or group of individuals must
be treated as the same company for cost allocation purposes.
EFFECTIVE
DATE. This section is
effective for fiscal year 2006.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 124D.095, subdivision 4, is amended to read:
Subd. 4. Online learning parameters. (a) An online learning student must receive
academic credit for completing the requirements of an online learning course or
program. Secondary credits granted to an
online learning student must be counted toward the graduation and credit
requirements of the enrolling district.
The enrolling district must apply the same graduation requirements to
all students, including online learning students, and must continue to provide
nonacademic services to online learning students. If a student completes an online learning
course or program that meets or exceeds a graduation standard or grade
progression requirement at the enrolling district, that standard or requirement
is met. The enrolling district must use
the same criteria for accepting online learning credits or courses as it does
for accepting credits or courses for transfer students under section 124D.03,
subdivision 9. The enrolling district
may reduce the teacher contact time of an online learning student in proportion
to the number of online learning courses the student takes from an online
learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll during a single school year in a maximum of 12
semester-long courses or their equivalent delivered by an online learning
provider or the enrolling district;
(2) complete course work at a grade level that is different
from the student's current grade level; and
(3) enroll in additional courses with the online learning
provider under a separate agreement that includes terms for payment of any
tuition or course fees.
(c) A student with a disability may enroll in an online learning
course or program if the student's IEP team determines that online learning is
appropriate education for the student.
(d) (c) An online learning student has the same
access to the computer hardware and education software available in a school as
all other students in the enrolling district.
An online learning provider must assist an online learning student whose
family qualifies for the education tax credit under section 290.0674 to acquire
computer hardware and educational software for online learning purposes.
(e) (d) An enrolling district may offer online
learning to its enrolled students. Such
online learning does not generate online learning funds under this
section. An enrolling district that
offers online learning only to its enrolled students is not subject to the
reporting requirements or review criteria under subdivision 7. A teacher with a Minnesota license must
assemble and deliver instruction to enrolled students receiving online learning
from an enrolling district. The delivery
of instruction occurs when the student interacts with the computer or the
teacher and receives ongoing assistance and assessment of learning. The instruction may include curriculum
developed by persons other than a teacher with a Minnesota license.
(f) (e) An
online learning provider that is not the enrolling district is subject to the
reporting requirements and review criteria under subdivision 7. A teacher with a Minnesota license must
assemble and deliver instruction to online learning students. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing
assistance and assessment of learning.
The instruction may include curriculum developed by persons other than a
teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning
instruction must not instruct more than 40 students in any one online learning
course or program.
Sec. 14. Minnesota
Statutes 2004, section 124D.096, is amended to read:
124D.096 ON-LINE LEARNING
AID.
(a) The on-line learning aid for an on-line learning provider
equals the product of the adjusted on-line learning average daily membership
for students under section 124D.095, subdivision 8, paragraph (d), times the
student grade level weighting under section 126C.05, subdivision 1, times the
formula allowance.
(b) Notwithstanding section 127A.45, the department must pay
each on-line learning provider 80 percent of the current year aid
payment percentage multiplied by the amount in paragraph (a) within 45 days
of receiving final enrollment and course completion information each quarter or
semester. A final payment equal to 20
percent of the amount in paragraph (a) The final adjustment payment must
be the amount of the actual entitlement, after adjustment for actual data,
minus the payments made during the fiscal year of the entitlement. This payment must be made on September 30
of the next fiscal year.
Sec. 15. Minnesota
Statutes 2004, section 124D.10, subdivision 16, is amended to read:
Subd. 16. Transportation. (a) By July 1 of each year, a
charter school A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first
fiscal year of operation must notify the district in which the school is
located and the Department of Education if it will provide transportation
for pupils enrolled in the school its own transportation or use the
transportation services of the district in which it is located for the
fiscal year.
(b) If a charter school elects to provide transportation for
pupils, the transportation must be provided by the charter school within the
district in which the charter school is located. The state must pay transportation aid to the
charter school according to section 124D.11, subdivision 2.
For pupils who reside outside the district in which the
charter school is located, the charter school is not required to provide or pay
for transportation between the pupil's residence and the border of the district
in which the charter school is located.
A parent may be reimbursed by the charter school for costs of
transportation from the pupil's residence to the border of the district in
which the charter school is located if the pupil is from a family whose income
is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's
actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than
250 miles per week.
At the time a pupil enrolls in a charter school, the charter
school must provide the parent or guardian with information regarding the
transportation.
(c) If a charter school does not elect to provide
transportation, transportation for pupils enrolled at the school must be
provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in the
same district in which the charter school is located. Transportation may be provided by the
district in which the school is located, according to sections 123B.88,
subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation,
the scheduling of routes, manner and method of transportation, control and
discipline of the pupils, and any other matter relating to the transportation
of pupils under this paragraph shall be within the sole discretion, control,
and management of the district.
Sec. 16. Minnesota
Statutes 2004, section 124D.11, subdivision 9, is amended to read:
Subd. 9. Payment of aids to charter schools. (a) Notwithstanding section 127A.45,
subdivision 3, aid payments for the current fiscal year to a charter school not
in its first year of operation shall be of an equal amount on each of the 23
payment dates. A charter school in its
first year of operation shall receive, on its first payment date, ten percent
of its cumulative amount guaranteed for the year and 22 payments of an equal
amount thereafter the sum of which shall be 90 percent of equal the
current year aid payment percentage multiplied by the cumulative amount
guaranteed.
(b) Notwithstanding paragraph (a), for a charter school
ceasing operation prior to the end of a school year, 80 percent of
the current year aid payment percentage multiplied by the amount due for
the school year may be paid to the school after audit of prior fiscal year and
current fiscal year pupil counts. For
a charter school ceasing operations prior to, or at the end of, a school year,
notwithstanding section 127A.45, subdivision 3, preliminary final payments may
be made after audit of pupil counts, monitoring of special education
expenditures, and documentation of lease expenditures for the final year of
operation. Final payment may be made
upon receipt of audited financial statements under section 123B.77, subdivision
3.
(c) Notwithstanding section 127A.45, subdivision 3, and
paragraph (a), 80 percent of the start-up cost aid under subdivision 8 shall be
paid within 45 days after the first day of student attendance for that school
year.
(d) In order to receive state aid payments under this
subdivision, a charter school in its first three years of operation must submit
a school calendar in the form and manner requested by the department and a
quarterly report to the Department of Education. The report must list each student by grade,
show the student's start and end dates, if any, with the charter school, and
for any student participating in a learning year program, the report must list
the hours and times of learning year activities. The report must be submitted not more than
two weeks after the end of the calendar quarter to the department. The department must develop a Web-based
reporting form for charter schools to use when submitting enrollment
reports. A charter school in its fourth
and subsequent year of operation must submit a school calendar and enrollment
information to the department in the form and manner requested by the
department.
(e) Notwithstanding sections 317A.701 to 317A.791, upon
closure of a charter school and satisfaction of creditors, cash and investment
balances remaining shall be returned to the state.
Sec. 17. Minnesota
Statutes 2004, section 124D.61, is amended to read:
124D.61 GENERAL REQUIREMENTS
FOR PROGRAMS.
A district which receives aid pursuant to section 124D.65
must comply with that enrolls one or more children of limited English
proficiency must implement an educational program that includes at a minimum
the following program requirements:
(1) identification and reclassification criteria for
children of limited English proficiency and program entrance and exit criteria
for children with limited English proficiency must be documented by the
district, applied uniformly to children of limited English proficiency, and
made available to parents and other stakeholders upon request;
(2)
a written plan of services that describes programming by English proficiency
level made available to parents upon request.
The plan must articulate the amount and scope of service offered to
children of limited English proficiency through an educational program for
children of limited English proficiency;
(3) professional development opportunities for ESL, bilingual
education, mainstream, and all staff working with children of limited English
proficiency which are: (i) coordinated with the district's professional
development activities; (ii) related to the needs of children of limited
English proficiency; and (iii) ongoing;
(4) to the extent possible, the district must avoid
isolating children of limited English proficiency for a substantial part of the
school day; and
(2) (5) in predominantly nonverbal
subjects, such as art, music, and physical education, permit pupils of
limited English proficiency shall be permitted to participate fully and
on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent
possible, the district must assure to pupils enrolled in a program for limited
English proficient students an equal and meaningful opportunity to participate
fully with other pupils in all extracurricular activities.
Sec. 18. Minnesota
Statutes 2004, section 125A.02, subdivision 1, is amended to read:
Subdivision 1. Child with a disability. Every child who has a hearing impairment, blindness,
visual disability, speech or language impairment, physical handicap, other
health impairment, mental handicap, emotional/behavioral disorder, specific
learning disability, autism, traumatic brain injury, multiple disabilities, or
deaf/blind disability and needs special instruction and services, as determined
by the standards of the commissioner, is a child with a disability. In addition, every child under age three, and
at local district discretion from age three to age seven, who needs special
instruction and services, as determined by the standards of the commissioner,
because the child has a substantial delay or has an identifiable physical or
mental condition known to hinder normal development is a child with a
disability.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota
Statutes 2004, section 299F.30, is amended to read:
299F.30 FIRE DRILL IN SCHOOL;
DOORS AND EXITS.
Subdivision 1. Duties of fire marshal. Consistent with sections 121A.035,
121A.037, and this section, it shall be the duty of the state fire marshal,
deputies and assistants, to require public and private schools and educational
institutions to have at least nine five fire drills each school
year and to keep all doors and exits unlocked from the inside of the building
during school hours.
Subd. 2. Fire drill. Each superintendent, principal or other
person in charge of a public or private school, educational institution,
children's home or orphanage housing 20 or more students or other persons,
shall instruct and train such students or other persons to quickly and
expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals at least once each month while such school,
institution, home or orphanage is in operation.
Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include
the drill date and the time required to evacuate the building.
Subd. 3. School doors and exits. Consistent with section 121A.035 and this
section, each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage
shall keep all doors and exits of such school, institution, home or orphanage
unlocked so that persons can leave by such doors or exits at any time during
the hours of normal operation.
EFFECTIVE
DATE. This section is
effective for the 2006-2007 school year.
Sec.
20. Laws 2005, First Special Session
chapter 5, article 2, section 81, is amended to read:
Sec. 81. BOARD OF SCHOOL ADMINISTRATORS; RULEMAKING
AUTHORITY.
On or before June 30, 2007, the Board of School Administrators
may adopt expedited rules under Minnesota Statutes, section 14.389,
to reflect the changes in duties, responsibilities, and roles of school
administrators under sections 121A.035, 121A.037 and 299F.30, and to make
technical revisions and clarifications to Minnesota Rules, chapter 3512.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Laws 2005,
First Special Session chapter 5, article 2, section 84, subdivision 13, is
amended to read:
Subd. 13. Examination fees; teacher training and
support programs. (a) For students' advanced placement and international
baccalaureate examination fees under Minnesota Statutes, section 120B.13,
subdivision 3, and the training and related costs for teachers and other
interested educators under Minnesota Statutes, section 120B.13, subdivision
1:
$4,500,000 . . . . . 2006
$4,500,000 . . . . . 2007
(b) The advanced placement program
shall receive 75 percent of the appropriation each year and the international
baccalaureate program shall receive 25 percent of the appropriation each
year. The department, in consultation
with representatives of the advanced placement and international baccalaureate
programs selected by the Advanced Placement Advisory Council and IBMN,
respectively, shall determine the amounts of the expenditures each year for
examination fees and training and support programs for each program.
(c) Notwithstanding Minnesota
Statutes, section 120B.13, subdivision 1, at least $500,000 each year is for
teachers to attend subject matter summer training programs and follow-up
support workshops approved by the advanced placement or international
baccalaureate programs. The amount of
the subsidy for each teacher attending an advanced placement or international
baccalaureate summer training program or workshop shall be the same. The commissioner shall determine the payment
process and the amount of the subsidy. Teachers shall apply for teacher
training scholarships to prepare for teaching in the advanced placement or
international baccalaureate program. Any
reserved funding not expended for teacher training may be used for exam fees
and other support programs for each program.
(d) The commissioner shall pay all
examination fees for all students of low-income families under Minnesota
Statutes, section 120B.13, subdivision 3, and to the extent of available
appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or
both.
Any balance in the first year does
not cancel but is available in the second year.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 22. RULE
ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO "BLIND" AND
"BLINDNESS."
The commissioner of education, where
appropriate, must incorporate references to "blind" and
"blindness" into the definition of visually impaired under Minnesota
Rules, part 3525.1345, and amend the rule title to include the word
"blind."
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec.
23. SCHOOL
ACCOUNTABILITY REPORT.
Notwithstanding Minnesota Statutes,
section 120B.36, for 2006 reporting only, the Department of Education must make
available preliminary school designations and adequate yearly progress data to
schools and school districts by August 15, 2006. The department must release all school
performance report cards and adequate yearly progress data to the public by
September 1, 2006, except it must not release the performance data of a school
or district that submits to the department a written appeal of a designation by
August 31, 2006. The department must not
release until November 15, 2006, the performance data of a school or district
that submits a timely appeal unless the school or district agrees in writing to
an earlier date for releasing data.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. ADVISORY
TASK FORCE ON SCHOOL AND STAFF EMERGENCY/ALL HAZARD PREPAREDNESS.
(a) An advisory task force on
school and staff emergency/all hazard preparedness is established to consider
and recommend to the legislature proposals for strengthening kindergarten
through grade 12 crisis management and school safety efforts including, at
least, whether or not to:
(1) develop specific K-12 teacher
and school administrator competencies related to emergency/all hazard
preparedness;
(2) provide emergency/all hazard
preparedness training to currently licensed K-12 teachers and school
administrators;
(3) incorporate emergency/all
hazard preparedness competencies into existing teacher and school administrator
preparation curriculum;
(4) identify key emergency/all
hazard preparedness competencies appropriate to teacher and school
administrator preparation curriculum and ongoing teacher and school
administrator training; and
(5) expect federal funds to
supplement state emergency/all hazard preparedness initiatives.
(b) The commissioner of education
shall appoint an advisory task force on school and staff emergency/all hazard
preparedness that is composed of a representative from each of the following
entities: the state Board of Teaching;
the state Board of School Administrators; the state fire marshal; law
enforcement agencies; emergency responders; school principals; school
counselors; nonlicensed school employees; the Minnesota School Boards
Association; Education Minnesota; the Minnesota Department of Education; the
Minnesota Department of Health; the Minnesota Department of Public Safety;
Minnesota State Colleges and Universities; Minnesota Association of School
Administrators; and others recommended by task force members. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059. The commissioner may reimburse task force
members from the education department's current operating budget but may not
compensate task force members for task force activities. The task force must submit by February 15,
2007, to the education policy and finance committees of the legislature a
written report that includes recommendations on strengthening K-12 crisis
management and school safety efforts.
(c) The task force expires February
16, 2007.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE
3
SPECIAL EDUCATION
Section 1. Minnesota Statutes 2005 Supplement, section
125A.11, subdivision 1, is amended to read:
Subdivision 1. Nonresident
tuition rate; other costs. (a) For
fiscal year 2006, when a school district provides instruction and services
outside the district of residence, board and lodging, and any tuition to be
paid, shall be paid by the district of residence. The tuition rate to be charged for any child
with a disability, excluding a pupil for whom tuition is calculated according
to section 127A.47, subdivision 7, paragraph (d), must be the sum of (1) the
actual cost of providing special instruction and services to the child
including a proportionate amount for special transportation and unreimbursed
building lease and debt service costs for facilities used primarily for special
education, plus (2) the amount of general education revenue and referendum aid
attributable to the pupil, minus (3) the amount of special education aid for
children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom
for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and
school administration, district support services, operations and maintenance,
capital expenditures, and pupil transportation, attributable to that pupil for
the portion of time the pupil receives special instruction in
and services outside of the regular classroom. If the boards involved do not agree upon the
tuition rate, either board may apply to the commissioner to fix the rate. Notwithstanding chapter 14, the commissioner
must then set a date for a hearing or request a written statement from each
board, giving each board at least ten days' notice, and after the hearing or
review of the written statements the commissioner must make an order fixing the
tuition rate, which is binding on both school districts. General education revenue and referendum aid
attributable to a pupil must be calculated using the resident district's
average general education and referendum revenue per adjusted pupil unit.
(b) For fiscal year 2007 and later,
when a school district provides special instruction and services for a pupil
with a disability as defined in section 125A.02 outside the district of
residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special
education aid paid to the resident district must be reduced by an amount equal
to (1) the actual cost of providing special instruction and services to the
pupil, including a proportionate amount for special transportation and
unreimbursed building lease and debt service costs for facilities used
primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of
special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside
the regular classroom for more than 60 percent of the school day, the amount of
general education revenue and referendum aid, excluding portions attributable
to district and school administration, district support services, operations
and maintenance, capital expenditures, and pupil transportation, attributable
to that pupil for the portion of time the pupil receives special instruction
in and services outside of the regular classroom. General education revenue and referendum aid
attributable to a pupil must be calculated using the resident district's
average general education revenue and referendum aid per adjusted pupil unit. Special education aid paid to the district or
cooperative providing special instruction and services for the pupil must be
increased by the amount of the reduction in the aid paid to the resident
district. Amounts paid to cooperatives
under this subdivision and section 127A.47, subdivision 7, shall be recognized
and reported as revenues and expenditures on the resident school district's
books of account under sections 123B.75 and 123B.76. If the resident district's special education
aid is insufficient to make the full adjustment, the remaining adjustment shall
be made to other state aid due to the district.
(c) Notwithstanding paragraphs (a)
and (b) and section 127A.47, subdivision 7, paragraphs (d) and (e), a charter
school where more than 30 percent of enrolled students receive special
education and related services, an intermediate district, pupils
with a disability. The application must
include a description of the costs and the calculations used to determine the
unreimbursed portion to be charged to the resident district. Amounts approved by the commissioner under
this paragraph must be included in the tuition billings or aid adjustments
under paragraph (a) or (b), or section 127A.47, subdivision 7, paragraph (d) or
(e), as applicable.or a special
education cooperative, or a school district that served as the applicant
agency for a group of school districts for federal special education aids for
fiscal year 2006 may apply to the commissioner for authority to charge the
resident district an additional amount to recover any remaining unreimbursed
costs of serving
(d) For purposes of this
subdivision and section 127A.47, subdivision 7, paragraphs (d) and (e),
"general education revenue and referendum aid" means the sum of the
general education revenue according to section 126C.10, subdivision 1, excluding
alternative teacher compensation revenue, plus the referendum aid according to
section 126C.17, subdivision 7, as adjusted according to section 127A.47,
subdivision 7, paragraphs (a) to (c).
EFFECTIVE DATE. This
section is effective for fiscal year 2006.
Sec. 2. Minnesota Statutes 2004, section 125A.515,
subdivision 1, is amended to read:
Subdivision 1. Approval
of education programs. The
commissioner shall approve education programs for placement of children and
youth in care and treatment residential facilities including
detention centers, before being licensed by the Department of Human Services under
Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400 to 9545.1480,
or the Department of Corrections under Minnesota Rules, chapters 2925, 2930,
2935, and 2950. Education programs
in these facilities shall conform to state and federal education laws including
the Individuals with Disabilities Education Act (IDEA). This section applies only to placements in
facilities licensed by the Department of Human Services or the Department of
Corrections.
Sec. 3. Minnesota Statutes 2004, section 125A.515,
subdivision 3, is amended to read:
Subd. 3. Responsibilities
for providing education. (a) The
district in which the residential facility is located must provide
education services, including special education if eligible, to all students
placed in a facility for care and treatment.
(b) For education programs operated
by the Department of Corrections, the providing district shall be the Department
of Corrections. For students remanded to
the commissioner of corrections, the providing and resident district shall be
the Department of Corrections.
(c) Placement for care and
treatment does not automatically make a student eligible for special education. A student placed in a care and treatment
facility is eligible for special education under state and federal law
including the Individuals with Disabilities Education Act under United States
Code, title 20, chapter 33.
Sec. 4. Minnesota Statutes 2004, section 125A.515,
subdivision 5, is amended to read:
Subd. 5. Education
programs for students placed in residential facilities for care and
treatment. (a) When a student is
placed in a care and treatment facility approved under this section
that has an on-site education program, the providing district, upon notice from
the care and treatment facility, must contact the resident district within one
business day to determine if a student has been identified as having a
disability, and to request at least the student's transcript, and for students
with disabilities, the most recent individualized education plan (IEP) and
evaluation report, and to determine if the student has been identified as a
student with a disability. The resident
district must send a facsimile copy to the providing district within two
business days of receiving the request.
(b) If a student placed for care
and treatment under this section has been identified as having a
disability and has an individual education plan in the resident district:
(1)
the providing agency must conduct an individualized education plan meeting to
reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives
and to determine if additional evaluations are necessary; and
(2) at least the following people
shall receive written notice or documented phone call to be followed with
written notice to attend the individualized education plan meeting:
(i) the person or agency placing
the student;
(ii) the resident district;
(iii) the appropriate teachers and
related services staff from the providing district;
(iv) appropriate staff from the care
and treatment residential facility;
(v) the parents or legal guardians
of the student; and
(vi) when appropriate, the student.
(c) For a student who has not been
identified as a student with a disability, a screening must be conducted by the
providing districts as soon as possible to determine the student's educational
and behavioral needs and must include a review of the student's educational
records.
Sec. 5. Minnesota Statutes 2004, section 125A.515,
subdivision 6, is amended to read:
Subd. 6. Exit
report summarizing educational progress.
If a student has been placed in a care and treatment facility
under this section for 15 or more business days, the providing district
must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must
send the report to the resident district and the next providing district if
different, the parent or legal guardian, and any appropriate social service
agency. For students with disabilities,
this report must include the student's IEP.
Sec. 6. Minnesota Statutes 2004, section 125A.515,
subdivision 7, is amended to read:
Subd. 7. Minimum
educational services required. When
a student is placed in a facility approved under this section, at a
minimum, the providing district is responsible for:
(1) the education necessary,
including summer school services, for a student who is not performing at grade
level as indicated in the education record or IEP; and
(2) a school day, of the same
length as the school day of the providing district, unless the unique needs of
the student, as documented through the IEP or education record in consultation
with treatment providers, requires an alteration in the length of the school
day.
Sec. 7. Minnesota Statutes 2004, section 125A.515,
subdivision 9, is amended to read:
Subd. 9. Reimbursement
for education services. (a)
Education services provided to students who have been placed for care and
treatment under this section are reimbursable in accordance with
special education and general education statutes.
(b)
Indirect or consultative services provided in conjunction with regular
education prereferral interventions and assessment provided to regular
education students suspected of being disabled and who have demonstrated
learning or behavioral problems in a screening are reimbursable with special
education categorical aids.
(c) Regular education, including
screening, provided to students with or without disabilities is not
reimbursable with special education categorical aids.
Sec. 8. Minnesota Statutes 2004, section 125A.515,
subdivision 10, is amended to read:
Subd. 10. Students
unable to attend school but not placed in care and treatment facilities
covered under this section.
Students who are absent from, or predicted to be absent from, school for
15 consecutive or intermittent days, and placed at home or in facilities
not licensed by the Departments of Corrections or Human Services are not
students placed for care and treatment entitled to regular and special
education services consistent with this section or Minnesota Rules, part
3525.2325. These students include
students with and without disabilities who are home due to accident or illness,
in a hospital or other medical facility, or in a day treatment center. These students are entitled to education
services through their district of residence.
Sec. 9. Minnesota Statutes 2004, section 125A.63,
subdivision 4, is amended to read:
Subd. 4. Advisory
committees. The Special Education
Advisory Council commissioner shall establish an advisory committee
for each resource center. The advisory
committees shall develop recommendations regarding the resource centers and
submit an annual report to the commissioner on the form and in the manner
prescribed by the commissioner.
Sec. 10. Minnesota Statutes 2004, section 125A.75,
subdivision 1, is amended to read:
Subdivision 1. Travel
aid. The state must pay each
district one-half of the sum actually expended by a district, based on
mileage, for necessary travel of essential personnel providing home-based
services to children with a disability under age five and their families.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2005 Supplement, section
125A.79, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the
definitions in this subdivision apply.
(a) "Unreimbursed special
education cost" means the sum of the following:
(1) expenditures for teachers'
salaries, contracted services, supplies, equipment, and transportation services
eligible for revenue under section 125A.76; plus
(2) expenditures for tuition bills
received under sections 125A.03 to 125A.24 and 125A.65 for services eligible
for revenue under section 125A.76, subdivision 2; minus
(3) revenue for teachers' salaries,
contracted services, supplies, and equipment under section 125A.76; minus
(4) tuition receipts under sections
125A.03 to 125A.24 and 125A.65 for services eligible for revenue under section
125A.76, subdivision 2.
(b)
"General revenue" means the sum of the general education revenue
according to section 126C.10, subdivision 1, as adjusted according to
section 127A.47, subdivisions 7 and 8 excluding alternative teacher
compensation revenue, plus the total qualifying referendum revenue specified
in paragraph (e) minus transportation sparsity revenue minus total operating
capital revenue.
(c) "Average daily
membership" has the meaning given it in section 126C.05.
(d) "Program growth
factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal year 2004 and
later.
(e) "Total qualifying
referendum revenue" means two-thirds of the district's total referendum
revenue as adjusted according to section 127A.47, subdivision 7, paragraphs
(a) to (c), for fiscal year 2006, one-third of the district's total
referendum revenue for fiscal year 2007, and none of the district's total
referendum revenue for fiscal year 2008 and later.
EFFECTIVE DATE. This
section is effective for revenue for fiscal year 2006.
Sec. 12. Minnesota Statutes 2004, section 126C.21, is
amended by adding a subdivision to read:
Subd. 5. Adjustment
for failure to meet federal maintenance of effort. The general education aid paid to a school
district or charter school that failed to meet federal special education
maintenance of effort for the previous fiscal year must be reduced by the
amount that must be paid to the federal government due to the shortfall. The amounts recovered under this subdivision
shall be paid to the federal government to meet the state's obligations
resulting from the district's or charter school's failure to meet federal
special education maintenance of effort.
Sec. 13. Minnesota Statutes 2004, section 626.556,
subdivision 3c, is amended to read:
Subd. 3c. Agency
Local welfare agency, Department of Human Services or Department of Health
responsible for assessing or investigating reports of maltreatment. The following agencies are the
administrative agencies responsible for assessing or investigating reports of
alleged child maltreatment in facilities made under this section:
(1) (a) The
county local welfare agency is the agency responsible for assessing or
investigating:
(1)
allegations of maltreatment in child foster care, family child care, and
legally unlicensed child care and in juvenile correctional facilities licensed
under section 241.021 located in the local welfare agency's county; and
(2) until August 1, 2007, other
allegations of maltreatment that are not the responsibility of another
agency. The commissioners of human
services, public safety, and education must jointly submit a written report by
February 1, 2007, to the education policy and finance committees of the
legislature recommending the most efficient and effective allocation of agency
responsibility for assessing or investigating reports of maltreatment.
(2) (b) The
Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment in facilities licensed under chapters
245A and 245B, except for child foster care and family child care; and.
(3) (c) The
Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.
Sec.
14. SPECIAL
EDUCATION FORECAST MAINTENANCE OF EFFORT.
(a) If, on the basis of a forecast
of general fund revenues and expenditures under Minnesota Statutes, section
16A.103; expenditures for special education aid under Minnesota Statutes,
section 125A.76; transition for disabled students under Minnesota Statutes,
section 124D.454; travel for home-based services under Minnesota Statutes,
section 125A.75, subdivision 1; aid for students with disabilities under
Minnesota Statutes, section 125A.75, subdivision 3; court-placed special education
under Minnesota Statutes, section 125A.79, subdivision 4; or out-of-state
tuition under Minnesota Statutes, section 125A.79, subdivision 8, are projected
to be less than the amount previously forecast for an enacted budget, the
forecast excess from these programs, up to an amount sufficient to meet federal
special education maintenance of effort, is added to the state total special
education aid in Minnesota Statutes, section 125A.76, subdivision 4.
(b) If, on the basis of a forecast
of general fund revenues and expenditures under Minnesota Statutes, section
16A.103, expenditures in the programs in this section are projected to be
greater than previously forecast for an enacted budget, and an addition to
state total special education aid has been made under paragraph (a), the state
total special education aid must be reduced by the lesser of the amount of the
expenditure increase or the amount previously added to state total special
education aid, and this amount must be taken from the programs that were
forecast to have a forecast excess.
(c) For the purpose of this section,
"previously forecast for an enacted budget" means the allocation of
funding for these programs in the most recent forecast of general fund revenues
and expenditures or the act appropriating money for these programs, whichever
occurred most recently. It does not
include planning estimates for a future biennium.
Sec. 15. SPECIAL
EDUCATION TUITION BILLING FOR FISCAL YEARS 2006 AND 2007.
(a) Notwithstanding Minnesota
Statutes, sections 125A.11, subdivision 1, paragraph (a), and 127A.47,
subdivision 7, paragraph (d), for fiscal year 2006 an intermediate district,
special education cooperative, or school district that served as an applicant
agency for a group of school districts for federal special education aids for
fiscal year 2006 is not subject to the uniform special education tuition
billing calculations, but may instead continue to bill the resident school
districts for the actual unreimbursed costs of serving pupils with a disability
as determined by the intermediate district.
(b) Notwithstanding Minnesota
Statutes, section 125A.11, subdivision 1, paragraph (c), for fiscal year 2007
only, an applicant district may apply to the commissioner for a waiver from the
uniform special education tuition calculations and aid adjustments under
Minnesota Statutes, sections 125A.11, subdivision 1, paragraph (b), and
127A.47, subdivision 7, paragraph (e).
The commissioner must grant the waiver within 30 days of receiving the
following information from the intermediate district:
(1) a detailed description of the
applicant district's methodology for calculating special education tuition for
fiscal years 2006 and 2007, as required by the applicant district to recover
the full cost of serving pupils with a disability;
(2) sufficient data to determine the
total amount of special education tuition actually charged for each student
with a disability, as required by the applicant district to recover the full
cost of serving pupils with a disability in fiscal year 2006; and
(3) sufficient data to determine the
amount that would have been charged for each student for fiscal year 2006 using
the uniform tuition billing methodology according to Minnesota Statutes,
sections 125A.11, subdivision 1, or 127A.47, subdivision 7, as applicable.
EFFECTIVE DATE. This section
is effective the day following final enactment for fiscal year 2006.
Sec.
16. DEPARTMENT
OF EDUCATION RULES.
Before July 1, 2007, the Department
of Education shall amend Minnesota Rules, part 3525.2325, to conform with
Minnesota Statutes, section 125A.515.
Sec. 17. REPEALER.
Minnesota Statutes 2004, section
125A.515, subdivision 2, is repealed.
ARTICLE 4
FACILITIES, ACCOUNTING, AND
TECHNOLOGY
Section 1. Minnesota Statutes 2004, section 123B.10,
subdivision 1, is amended to read:
Subdivision 1. Budgets. By October 1, Every board must publish
revenue and expenditure budgets for the current year and the actual revenues,
expenditures, fund balances for the prior year and projected fund balances for
the current year in a form prescribed by the commissioner within one week of
the acceptance of the final audit by the board, or November 30, whichever is
earlier. The forms prescribed must
be designed so that year to year comparisons of revenue, expenditures and fund
balances can be made. These budgets,
reports of revenue, expenditures and fund balances must be published in a
qualified newspaper of general circulation in the district or on the
district's official Web site. If
published on the district's official Web site, the district must also publish
an announcement in a qualified newspaper of general circulation in the district
that includes the Internet address where the information has been posted.
Sec. 2. Minnesota Statutes 2005 Supplement, section
123B.75, subdivision 5, is amended to read:
Subd. 5. Levy
recognition. (a) "School
district tax settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county and distributed
to the school district.
(b) For fiscal year 2004 and later
years, in June of each year, the school district must recognize as revenue, in
the fund for which the levy was made, the lesser of:
(1) the sum of May, June, and July
school district tax settlement revenue received in that calendar year, plus
general education aid according to section 126C.13, subdivision 4, received in
July and August of that calendar year; or
(2) the sum of:
(i) the greater of 48.6 percent
of the referendum levy certified according to section 126C.17, in the prior
calendar year or 31 percent of the referendum levy certified according to
section 126C.17, in calendar year 2000; plus and
(ii) the entire amount of the levy
certified in the prior calendar year according to section 124D.86, subdivision
4, for school districts receiving revenue under sections 124D.86, subdivision
3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, paragraphs
(b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision 6;
plus.
(iii) 48.6 percent of the amount of
the levy certified in the prior calendar year for the school district's general
and community service funds, plus or minus auditor's adjustments, not including
levy portions that are assumed by the state, that remains after subtracting the
referendum levy certified according to section 126C.17 and the amount
recognized according to clause (ii).
EFFECTIVE DATE. This section
is effective for revenue for fiscal year 2006.
Sec.
3. Minnesota Statutes 2004, section 127A.41,
subdivision 2, is amended to read:
Subd. 2. Errors
in distribution. On determining that
the amount of state aid distributed to a school district is in error, the
commissioner is authorized to adjust the amount of aid consistent with this
subdivision. On determining that the
amount of aid is in excess of the school district's entitlement, the
commissioner is authorized to recover the amount of the excess by any
appropriate means. Notwithstanding the
fiscal years designated by the appropriation, the excess may be recovered by
reducing future aid payments to the district.
Notwithstanding any law to the contrary, if the aid reduced is not of
the same type as that overpaid, the district must adjust all necessary
financial accounts to properly reflect all revenues earned in accordance with
the uniform financial accounting and reporting standards pursuant to sections
123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of
an aid paid is less than the school district's entitlement, the commissioner is
authorized to increase such aid from the current appropriation. If the aid program has been discontinued
and has no appropriation, the appropriation for general education shall be used
for recovery or payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.
Sec. 4. Minnesota Statutes 2005 Supplement, section
127A.45, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The term "other district
receipts" means payments by county treasurers pursuant to section 276.10,
apportionments from the school endowment fund pursuant to section 127A.33,
apportionments by the county auditor pursuant to section 127A.34, subdivision
2, and payments to school districts by the commissioner of revenue pursuant to
chapter 298.
(b) The term "cumulative
amount guaranteed" means the product of
(1) the cumulative disbursement
percentage shown in subdivision 3; times
(2) the sum of
(i) the current year aid payment
percentage of the estimated aid and credit entitlements paid according to
subdivision 13; plus
(ii) 100 percent of the
entitlements paid according to subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) The term "payment
date" means the date on which state payments to districts are made by the
electronic funds transfer method. If a
payment date falls on a Saturday, a Sunday, or a weekday which is a legal holiday,
the payment shall be made on the immediately preceding business day. The commissioner may make payments on dates
other than those listed in subdivision 3, but only for portions of payments
from any preceding payment dates which could not be processed by the electronic
funds transfer method due to documented extenuating circumstances.
(d) The current year aid payment
percentage equals 90.
EFFECTIVE DATE. This
section is effective for revenue for fiscal year 2006.
Sec.
5. Minnesota Statutes 2004, section
181.101, is amended to read:
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages
earned by an employee at least once every 31 days on a regular pay day
designated in advance by the employer regardless of whether the employee
requests payment at longer intervals.
Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first
day of work. If wages earned are not
paid, the commissioner of labor and industry or the commissioner's
representative may demand payment on behalf of an employee. If payment is not made within ten days of
demand, the commissioner may charge and collect the wages earned and a penalty
in the amount of the employee's average daily earnings at the rate agreed upon
in the contract of employment, not exceeding 15 days in all, for each day
beyond the ten-day limit following the demand.
Money collected by the commissioner must be paid to the employee
concerned. This section does not prevent
an employee from prosecuting a claim for wages.
This section does not prevent a school district or, other
public school entity, or other school, as defined under section 120A.22,
from paying any wages earned by its employees during a school year on regular
pay days in the manner provided by an applicable contract or collective
bargaining agreement, or a personnel policy adopted by the governing
board. For purposes of this section,
"employee" includes a person who performs agricultural labor as defined
in section 181.85, subdivision 2. For
purposes of this section, wages are earned on the day an employee works.
ARTICLE 5
STATE AGENCIES
Section 1. Minnesota Statutes 2004, section 125A.65,
subdivision 3, is amended to read:
Subd. 3. Educational
program; tuition. (a) When it
is determined pursuant to section 125A.69, subdivision 1 or 2, that the child
is entitled to attend either school, the board of the Minnesota State Academies
must provide the appropriate educational program for the child.
(b) For fiscal year 2006, the board
of the Minnesota State Academies must make a tuition charge to the child's
district of residence for the cost of providing the program. The amount of tuition charged must not exceed
the sum of (1) the general education revenue formula allowance times the
pupil unit weighting factor pursuant to section 126C.05 for that child, for the
amount of time the child is in the program, plus (2), if the child was
enrolled at the Minnesota State Academies on October 1 of the previous fiscal
year, the compensatory education revenue attributable to that child under
section 126C.10, subdivision 3. The
district of the child's residence must pay the tuition and may claim general
education aid for the child. Tuition
received by the board of the Minnesota State Academies, except for tuition
for compensatory education revenue under this paragraph and tuition
received under subdivision 4, must be deposited in the state treasury as
provided in subdivision 8.
(c) For fiscal year 2007 and later,
the district of the child's residence shall claim general education revenue for
the child, except as provided in this paragraph. Notwithstanding section 127A.47, subdivision
1, an amount equal to the general education revenue formula allowance times the
pupil unit weighting factor pursuant to section 126C.05 for that child for the
amount of time the child is in the program, as adjusted according to
subdivision 8, paragraph (d), must be paid to the Minnesota State
Academies. Notwithstanding section
126C.15, subdivision 2, paragraph (d), the compensatory education revenue under
section 126C.10, subdivision 3, attributable to children enrolled at the
Minnesota State Academies on October 1 of the previous fiscal year must be paid
to the Minnesota State Academies.
General education aid paid to the Minnesota State Academies under this
paragraph must be credited to their general operation account. Other general education aid attributable to
the child must be paid to the district of the child's residence.
Sec.
2. Minnesota Statutes 2004, section
125A.65, subdivision 4, is amended to read:
Subd. 4. Unreimbursed
costs. (a) For fiscal year 2006, in
addition to the tuition charge allowed in subdivision 3, the academies may
charge the child's district of residence for the academy's unreimbursed cost of
providing an instructional aide assigned to that child, after deducting the
special education aid under section 125A.76, attributable to the child, if
that aide is required by the child's individual education plan. Tuition received under this paragraph must be
used by the academies to provide the required service.
(b) For fiscal year 2007 and later,
the special education aid paid to the academies shall be increased by the
academy's unreimbursed cost of providing an instructional aide assigned to a
child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is required by the child's individual
education plan. Aid received under this
paragraph must be used by the academies to provide the required service.
(c) For fiscal year 2007 and later,
the special education aid paid to the district of the child's residence shall
be reduced by the amount paid to the academies for district residents under
paragraph (b).
(d) Notwithstanding section
127A.45, subdivision 3, beginning in fiscal year 2008, the commissioner shall
make an estimated final adjustment payment to the Minnesota State Academies for
general education aid and special education aid for the prior fiscal year by
August 15.
Sec. 3. Minnesota Statutes 2004, section 125A.65,
subdivision 6, is amended to read:
Subd. 6. Tuition
reduction. Notwithstanding the
provisions of subdivisions 3 and 5, the board of the Minnesota State Academies
may agree to make a tuition charge, or receive an aid adjustment, as applicable,
for less than the amount specified in subdivision 3 for pupils attending the
applicable school who are residents of the district where the institution is
located and who do not board at the institution, if that district agrees to
make a tuition charge to the board of the Minnesota State Academies for less
than the amount specified in subdivision 5 for providing appropriate
educational programs to pupils attending the applicable school.
Sec. 4. Minnesota Statutes 2004, section 125A.65,
subdivision 8, is amended to read:
Subd. 8. Student
count; tuition. (a) On May 1, 1996,
and each year thereafter, the board of the Minnesota State Academies shall
count the actual number of Minnesota resident special education eligible
students enrolled and receiving education services at the Minnesota State
Academy for the Deaf and the Minnesota State Academy for the Blind.
(b) For fiscal year 2006, the board
of the Minnesota State Academies shall deposit in the state treasury an amount
equal to all tuition received for the basic revenue according to subdivision
3, less the amount calculated in paragraph (b) (c).
(b) (c) For
fiscal year 2006, the Minnesota State Academies shall credit to their
general operation account an amount equal to the tuition received which
represents tuition earned for the total number of students over 175 based on:
(1) the total number of enrolled
students on May 1 less 175; times
(2) the ratio of the number of
students in that grade category to the total number of students on May 1; times
(3) the general education revenue
formula allowance; times
(4) the pupil unit weighting factor
pursuant to section 126C.05.
(d)
For fiscal year 2007 and later, the Minnesota State Academies shall report to
the department the number of students by grade level counted according to
paragraph (a). The amount paid to the
Minnesota State Academies under subdivision 3, paragraph (c), must be reduced
by an amount equal to:
(1) the ratio of 175 to the total
number of students on May 1; times
(2) the total basic revenue
determined according to subdivision 3, paragraph (c).
Sec. 5. Minnesota Statutes 2004, section 125A.65,
subdivision 10, is amended to read:
Subd. 10. Annual
appropriation. There is annually
appropriated to the department for the Minnesota State Academies the tuition or
aid payment amounts received and credited to the general operation account
of the academies under this section. A
balance in an appropriation under this paragraph does not cancel but is
available in successive fiscal years.
Sec. 6. Minnesota Statutes 2004, section 125A.69,
subdivision 3, is amended to read:
Subd. 3. Out-of-state
admissions. An applicant from
another state who can benefit from attending either academy may be admitted to
the academy if the admission does not prevent an eligible Minnesota resident
from being admitted. The board of the
Minnesota State Academies must obtain reimbursement from the other state for
the costs of the out-of-state admission.
The state board may enter into an agreement with the appropriate
authority in the other state for the reimbursement. Money received from another state must be
deposited in the general special revenue fund and credited to the
general operating account of the academies.
The money is appropriated to the academies.
EFFECTIVE DATE. This
section is effective retroactively from fiscal year 2001.
ARTICLE 6
EARLY CHILDHOOD PROVISIONS
Section 1. Minnesota Statutes 2004, section 119A.50,
subdivision 1, is amended to read:
Subdivision 1. Department
of Education. The Department of
Education is the state agency responsible for administering the Head Start
program. The commissioner of education may
make grants shall allocate funds according to the formula in section
119A.52 to public or private nonprofit agencies for the purpose of
providing supplemental funds for the federal Head Start program.
Sec. 2. Minnesota Statutes 2004, section 119A.52, is
amended to read:
119A.52 DISTRIBUTION OF APPROPRIATION AND PROGRAM COORDINATION.
The commissioner of education must
distribute money appropriated for that purpose to federally designated Head
Start program
in existence in 1993 is allocated no less funding in any fiscal year than
was allocated to that program grantees programs to expand services and to serve
additional low-income children. Money
must be allocated to each project Head Start grantee in existence on the effective
date of Laws 1989, chapter 282. Migrant
and Indian reservation grantees programs must be initially
allocated money based on the grantees' programs' share of federal
funds. The remaining money must be
initially allocated to the remaining local agencies based equally on the
agencies' share of federal funds and on the proportion of eligible children in
the agencies' service area who are not currently being served. A Head Start grantee must be funded at a per
child rate equal to its contracted, federally funded base level for program
accounts 20, 22, and 25 at the start of the fiscal year. In allocating funds under this paragraph, the
commissioner of education must assure that each Head Start grantee grantee program in fiscal year 1993. The commissioner may provide additional
funding to grantees for start-up costs incurred by grantees due to the
increased number of children to be served.
Before paying money to the grantees programs, the
commissioner must notify each grantee program of its initial
allocation, how the money must be used, and the number of low-income children that
must to be served with the allocation based upon the federally
funded per child rate. Each grantee
program must present a work plan to the commissioner for
approval. The work plan must include the
estimated number of low-income children and families it will be able to serve,
a description of the program design and service delivery area which meets the
needs of and encourages access by low-income working families, a program design
that ensures fair and equitable access to Head Start services for all
populations and parts of the service area, and a plan for coordinating services
to maximize assistance for child care costs available to families under chapter
119B. under section 119A.535. For
any grantee that cannot utilize its full allocation, the commissioner must
reduce the allocation proportionately.
Money available after the initial allocations are reduced must be
redistributed to eligible grantees.
Sec. 3. Minnesota Statutes 2004, section 119A.53, is
amended to read:
119A.53 FEDERAL REQUIREMENTS.
Grantees Programs
and the commissioner shall comply with federal regulations governing the
federal Head Start program, except for funding for innovative initiatives under
section 119A.52 119A.535 as approved by the commissioner, which
may be used to operate differently than federal Head Start regulations. If a state statute or rule conflicts with a
federal statute or regulation, the state statute or rule prevails.
Sec. 4. [119A.535]
APPLICATION REQUIREMENTS.
Eligible Head Start organizations
must submit a plan to the department for approval on a form and in the manner prescribed
by the commissioner. The plan must
include:
(1) the estimated number of
low-income children and families the program will be able to serve;
(2) a description of the program
design and service delivery area which meets the needs of and encourages access
by low-income working families;
(3) a program design that ensures
fair and equitable access to Head Start services for all populations and parts
of the service area;
(4) a plan for coordinating services
to maximize assistance for child care costs available to families under chapter
119B; and
(5) identification of regular Head
Start, early Head Start, and innovative services based upon demonstrated needs
to be provided.
Sec. 5. Minnesota Statutes 2004, section 119A.545, is
amended to read:
119A.545 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER PERIODS.
The commissioner of education may
waive requirements under sections 119A.50 to 119A.53 119A.535,
for up to nine months after the disaster, for Head Start grantees programs
in areas where a federal disaster has been declared under United States
Code, title 42, section 5121, et seq., or the governor has exercised authority
under chapter 12. The commissioner shall
notify the chairs of the appropriate senate Family and Early
Childhood Education Budget Division, the senate Education Finance Committee,
the and house Family and Early Childhood Education Finance
Division, the house Education Committee, and the house Ways and Means Committee
committees ten days before the effective date of any waiver granted
under this section.
Sec.
6. Minnesota Statutes 2004, section
124D.13, subdivision 2, is amended to read:
Subd. 2. Program
characteristics. (a) Early
childhood family education programs are programs for children in the period of
life from birth to kindergarten, for the parents and other relatives of such
these children, and for expectant parents.
To the extent that funds are insufficient to provide programs for all
children, early childhood family education programs should emphasize programming
for a child from birth to age three and encourage parents and other
relatives to involve four- and five-year-old children in school readiness
programs, and other public and nonpublic early learning programs. Early childhood family education programs may
include the following:
(1) programs to educate parents
and other relatives about the physical, mental, and emotional development
of children;
(2) programs to enhance the skills
of parents and other relatives in providing for their children's
learning and development;
(3) learning experiences for
children and parents and other relatives that promote children's
development;
(4) activities designed to detect
children's physical, mental, emotional, or behavioral problems that may cause
learning problems;
(5) activities and materials
designed to encourage self-esteem, skills, and behavior that prevent sexual and
other interpersonal violence;
(6) educational materials which may
be borrowed for home use;
(7) information on related
community resources;
(8) programs to prevent child abuse
and neglect;
(9) other programs or activities to
improve the health, development, and school readiness of children; or
(10) activities designed to
maximize development during infancy.
The programs must not include
activities for children that do not require substantial involvement of the
children's parents or other relatives.
The programs must be reviewed periodically to assure the instruction and
materials are not racially, culturally, or sexually biased. The programs must encourage parents to be
aware of practices that may affect equitable development of children.
(b) For the purposes of this
section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption,
or foster placement, excluding parents.
Sec. 7. Minnesota Statutes 2004, section 124D.13,
subdivision 3, is amended to read:
Subd. 3. Substantial
parental involvement. The
requirement of substantial parental or other relative involvement in
subdivision 2 means that:
(a) parents or other relatives
must be physically present much of the time in classes with their children or
be in concurrent classes;
(b) parenting education or family
education must be an integral part of every early childhood family education
program;
(c)
early childhood family education appropriations must not be used for
traditional day care or nursery school, or similar programs; and
(d) the form of parent involvement
common to kindergarten, elementary school, or early childhood special education
programs such as parent conferences, newsletters, and notes to parents do not
qualify a program under subdivision 2.
Sec. 8. Laws 2005, First Special Session chapter 5,
article 7, section 20, subdivision 5, is amended to read:
Subd. 5. Head
Start program. For Head Start
programs under Minnesota Statutes, section 119A.52:
$19,100,000 . . . . . 2006
$19,100,000 . . . . . 2007
Any balance in the first year does
not cancel but is available in the second year.
Sec. 9. REPEALER.
Minnesota Statutes 2004, section
119A.51, is repealed.
ARTICLE 7
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2005 Supplement, section
120B.11, subdivision 2, is amended to read:
Subd. 2. Adopting
policies. (a) A school board
shall have in place an adopted written policy that includes the following:
(1) district goals for instruction
including the use of best practices, district and school curriculum, and
achievement for all student subgroups;
(2) a process for evaluating each
student's progress toward meeting academic standards and identifying the
strengths and weaknesses of instruction and curriculum affecting students'
progress;
(3) a system for periodically
reviewing and evaluating all instruction and curriculum;
(4) a plan for improving
instruction, curriculum, and student achievement; and
(5) an education effectiveness plan
aligned with section 122A.625 that integrates instruction, curriculum, and
technology.
Sec. 2. Minnesota Statutes 2004, section 121A.15,
subdivision 10, is amended to read:
Subd. 10. Requirements
for immunization statements. (a) A
statement required to be submitted under subdivisions 1, 2, and 4 to document
evidence of immunization shall include month, day, and year for immunizations
administered after January 1, 1990.
(a) For persons enrolled in grades
7 and 12 during the 1996-1997 school term, the statement must indicate that the
person has received a dose of tetanus and diphtheria toxoid no earlier than 11
years of age.
(b)
Except as specified in paragraph (e), for persons enrolled in grades 7, 8, and
12 during the 1997-1998 school term, the statement must indicate that the
person has received a dose of tetanus and diphtheria toxoid no earlier than 11
years of age.
(c) Except as specified in
paragraph (e), for persons enrolled in grades 7 through 12 during the 1998-1999
school term and for each year thereafter, the statement must indicate that the
person has received a dose of tetanus and diphtheria toxoid no earlier than 11
years of age.
(d) For persons enrolled in grades
7 through 12 during the 1996-1997 school year and for each year thereafter, the
statement must indicate that the person has received at least two doses of
vaccine against measles, mumps, and rubella, given alone or separately and
given not less than one month apart.
(e) (b) A person
who has received at least three doses of tetanus and diphtheria toxoids, with
the most recent dose given after age six and before age 11, is not required to
have additional immunization against diphtheria and tetanus until ten years
have elapsed from the person's most recent dose of tetanus and diphtheria
toxoid.
(f) (c) The
requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.
(g) (d) The
requirement for hepatitis B vaccination shall apply to persons enrolling in
grade 7 beginning with the 2001-2002 school term.
Sec. 3. Minnesota Statutes 2005 Supplement, section
123B.04, subdivision 2, is amended to read:
Subd. 2. Agreement. (a) Upon the request of 60 percent of the
licensed employees of a site or a school site decision-making team, the school
board shall enter into discussions to reach an agreement concerning the
governance, management, or control of the school. A school site decision-making team may
include the school principal, teachers in the school or their designee, other
employees in the school, representatives of pupils in the school, or other
members in the community. A school site
decision-making team must include at least one parent of a pupil in the
school. For purposes of formation of a
new site, a school site decision-making team may be a team of teachers that is
recognized by the board as a site. The
school site decision-making team shall include the school principal or other
person having general control and supervision of the school. The site decision-making team must reflect
the diversity of the education site. At
least one-half of the members shall be employees of the district, unless an employee
is the parent of a student enrolled in the school site, in which case the
employee may elect to serve as a parent member of the site team.
(b) School site decision-making
agreements must delegate powers, duties, and broad management responsibilities
to site teams and involve staff members, students as appropriate, and parents
in decision making.
(c) An agreement shall include a
statement of powers, duties, responsibilities, and authority to be delegated to
and within the site.
(d) An agreement may include:
(1) an achievement contract
according to subdivision 4;
(2) a mechanism to allow
principals, a site leadership team, or other persons having general control and
supervision of the school, to make decisions regarding how financial and
personnel resources are best allocated at the site and from whom goods or
services are purchased;
(3)
a mechanism to implement parental involvement programs under section 124D.895
and to provide for effective parental communication and feedback on this
involvement at the site level;
(4) a provision that would allow
the team to determine who is hired into licensed and nonlicensed positions;
(5) a provision that would allow
teachers to choose the principal or other person having general control;
(6) an amount of revenue allocated
to the site under subdivision 3; and
(7) any other powers and duties
determined appropriate by the board.
The school board of the district
remains the legal employer under clauses (4) and (5).
(e) Any powers or duties not
delegated to the school site management team in the school site management
agreement shall remain with the school board.
(f) Approved agreements shall be
filed with the commissioner. If a school
board denies a request or the school site and school board fail to reach an agreement
to enter into a school site management agreement, the school board shall
provide a copy of the request and the reasons for its denial to the
commissioner.
(g) A site decision-making grant
program is established, consistent with this subdivision, to allow sites to
implement an agreement that at least:
(1) notwithstanding subdivision 3,
allocates to the site all revenue that is attributable to the students at that
site;
(2) includes a provision,
consistent with current law and the collective bargaining agreement in effect, that
allows the site team to decide who is selected from within the district for
licensed and nonlicensed positions at the site and to make staff assignments in
the site; and
(3) includes a completed
performance agreement under subdivision 4.
The commissioner shall establish
the form and manner of the application for a grant and annually, at the end of
each fiscal year, report to the house of representatives and senate committees
having jurisdiction over education on the progress of the program.
Sec. 4. Minnesota Statutes 2004, section 125A.62,
subdivision 1, is amended to read:
Subdivision 1. Governance. The board of the Minnesota State Academies
shall govern the State Academies Academy for the Deaf and the
State Academy for the Blind. The board
must promote academic standards based on high expectation and an assessment
system to measure academic performance toward the achievement of those
standards. The board must focus on the
academies' needs as a whole and not prefer one school over the other. The board of the Minnesota State Academies
shall consist of nine persons. The
members of the board shall be appointed by the governor with the advice and
consent of the senate. One member must
be from the seven-county metropolitan area, one member must be from greater
Minnesota, and one member may be appointed at-large. The board must be composed of:
(1) one present or former
superintendent of an independent school district;
(2) one present or former special
education director;
(3) the commissioner of education
or the commissioner's designee;
(4)
one member of the blind community;
(5) one member of the deaf
community;
(6) two members of the general
public with business, administrative, or financial expertise;
(7) one nonvoting, unpaid ex
officio member appointed by the site council for the State Academy for the
Deaf; and
(8) one nonvoting, unpaid ex
officio member appointed by the site council for the State Academy for the
Blind.
Sec. 5. Minnesota Statutes 2005 Supplement, section
126C.10, subdivision 24, is amended to read:
Subd. 24. Equity
revenue. (a) A school district
qualifies for equity revenue if:
(1) the school district's adjusted
marginal cost pupil unit amount of basic revenue, supplemental revenue,
transition revenue, and referendum revenue is less than the value of the school
district at or immediately above the 95th percentile of school districts in its
equity region for those revenue categories; and
(2) the school district's
administrative offices are not located in a city of the first class on July 1,
1999.
(b) Equity revenue for a qualifying
district that receives referendum revenue under section 126C.17, subdivision 4,
equals the product of (1) the district's adjusted marginal cost pupil units for
that year; times (2) the sum of (i) $13, plus (ii) $75, times the school
district's equity index computed under subdivision 27.
(c) Equity revenue for a qualifying
district that does not receive referendum revenue under section 126C.17,
subdivision 4, equals the product of the district's adjusted marginal cost
pupil units for that year times $13.
(d) A school district's equity
revenue is increased by the greater of zero or an amount equal to the
district's resident marginal cost pupil units times the difference
between ten percent of the statewide average amount of referendum revenue per
resident marginal cost pupil unit for that year and the district's referendum
revenue per resident marginal cost pupil unit.
A school district's revenue under this paragraph must not exceed
$100,000 for that year.
(e) A school district's equity
revenue for a school district located in the metro equity region equals the
amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.
(f) For fiscal year 2007 and later,
notwithstanding paragraph (a), clause (2), a school district that has per pupil
referendum revenue below the 95th percentile qualifies for additional equity
revenue equal to $46 times its adjusted marginal cost pupil unit.
(g) A district that does not qualify
for revenue under paragraph (f) qualifies for equity revenue equal to one-half
of the per pupil allowance in paragraph (f) times its adjusted marginal cost
pupil units.
Sec. 6. Minnesota Statutes 2005 Supplement, section
626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms
have the meanings given them unless the specific content indicates otherwise:
(a)
"Family assessment" means a comprehensive assessment of child safety,
risk of subsequent child maltreatment, and family strengths and needs that is
applied to a child maltreatment report that does not allege substantial child
endangerment. Family assessment does not
include a determination as to whether child maltreatment occurred but does determine
the need for services to address the safety of family members and the risk of
subsequent maltreatment.
(b) "Investigation" means
fact gathering related to the current safety of a child and the risk of
subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed.
An investigation must be used when reports involve substantial child
endangerment, and for reports of maltreatment in facilities required to be
licensed under chapter 245A or 245B; under sections 144.50 to 144.58 and
241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as
defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child
endangerment" means a person responsible for a child's care, a person who
has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or
omission commits or attempts to commit an act against a child under their care
that constitutes any of the following:
(1) egregious harm as defined in
section 260C.007, subdivision 14;
(2) sexual abuse as defined in
paragraph (d);
(3) abandonment under section
260C.301, subdivision 2;
(4) neglect as defined in paragraph
(f), clause (2), that substantially endangers the child's physical or mental
health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or
third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or
second degree under section 609.20 or 609.205;
(7) assault in the first, second,
or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and
promotion of prostitution under section 609.322;
(9) criminal sexual conduct under
sections 609.342 to 609.3451;
(10) solicitation of children to engage
in sexual conduct under section 609.352;
(11) malicious punishment or
neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual
performance under section 617.246; or
(13) parental behavior, status, or
condition which mandates that the county attorney file a termination of
parental rights petition under section 260C.301, subdivision 3, paragraph (a).
(d) "Sexual abuse" means
the subjection of a child by a person responsible for the child's care, by a
person who has a significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined in section
609.341, subdivision 10, to any act which constitutes a violation of section
609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the fourth degree),
or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which
involves a minor which constitutes a violation of prostitution offenses under
sections 609.321 to 609.324 or 617.246.
Sexual abuse includes threatened sexual abuse.
(e) "Person responsible for the
child's care" means (1) an individual functioning within the family unit
and having responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities, or (2) an
individual functioning outside the family unit and having responsibilities for
the care of the child such as a teacher, school administrator, other school
employees or agents, or other lawful custodian of a child having either
full-time or short-term care responsibilities including, but not limited to,
day care, babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(f) "Neglect" means:
(1) failure by a person responsible
for a child's care to supply a child with necessary food, clothing, shelter,
health, medical, or other care required for the child's physical or mental
health when reasonably able to do so;
(2) failure to protect a child from
conditions or actions that seriously endanger the child's physical or mental
health when reasonably able to do so, including a growth delay, which may be
referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;
(3) failure to provide for necessary
supervision or child care arrangements appropriate for a child after
considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another
child in their care;
(4) failure to ensure that the child
is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which
does not include a parent's refusal to provide the parent's child with
sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be
construed to mean that a child is neglected solely because the child's parent,
guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a
parent, guardian, or caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care may cause serious
danger to the child's health. This
section does not impose upon persons, not otherwise legally responsible for
providing a child with necessary food, clothing, shelter, education, or medical
care, a duty to provide that care;
(6) prenatal exposure to a
controlled substance, as defined in section 253B.02, subdivision 2, used by the
mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the
child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays
during the child's first year of life that medically indicate prenatal exposure
to a controlled substance;
(7) "medical neglect" as
defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of
alcohol or a controlled substance by a parent or person responsible for the
care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of
behavior which contributes to impaired emotional functioning of the child which
may be demonstrated by a substantial and observable effect in the child's
behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's
culture.
(g)
"Physical abuse" means any physical injury, mental injury, or
threatened injury, inflicted by a person responsible for the child's care on a
child other than by accidental means, or any physical or mental injury that
cannot reasonably be explained by the child's history of injuries, or any
aversive or deprivation procedures, or regulated interventions, that have not
been authorized under section 121A.67 or 245.825. Abuse does not include reasonable and
moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury.
Abuse does not include the use of reasonable force by a teacher,
principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate
include, but are not limited to, any of the following that are done in anger or
without regard to the safety of the child:
(1) throwing, kicking, burning,
biting, or cutting a child;
(2) striking a child with a closed
fist;
(3) shaking a child under age
three;
(4) striking or other actions which
result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with
a child's breathing;
(6) threatening a child with a
weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one
on the face or head;
(8) purposely giving a child
poison, alcohol, or dangerous, harmful, or controlled substances which were not
prescribed for the child by a practitioner, in order to control or punish the
child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury,
or subjects the child to medical procedures that would be unnecessary if the
child were not exposed to the substances;
(9) unreasonable physical
confinement or restraint not permitted under section 609.379, including but not
limited to tying, caging, or chaining; or
(10) in a school facility or school
zone, an act by a person responsible for the child's care that is a violation
under section 121A.58.
(h) "Report" means any
report received by the local welfare agency, police department, county sheriff,
or agency responsible for assessing or investigating maltreatment pursuant to
this section.
(i) "Facility" means:
(1) a licensed
or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or
(2) a school
as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a
nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an
operator or agency as defined in section 245A.02.
(k)
"Commissioner" means the commissioner of human services.
(l) "Practice of social
services," for the purposes of subdivision 3, includes but is not limited
to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.
(m) "Mental injury" means
an injury to the psychological capacity or emotional stability of a child as
evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to
the child's culture.
(n) "Threatened injury"
means a statement, overt act, condition, or status that represents a
substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not
limited to, exposing a child to a person responsible for the child's care, as
defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed
to protect a child from, an overt act or condition that constitutes egregious
harm, as defined in section 260C.007, subdivision 14, or a similar law of
another jurisdiction;
(2) been found to be palpably unfit
under section 260C.301, paragraph (b), clause (4), or a similar law of another
jurisdiction;
(3) committed an act that has
resulted in an involuntary termination of parental rights under section
260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has
resulted in the involuntary transfer of permanent legal and physical custody of
a child to a relative under section 260C.201, subdivision 11, paragraph (d),
clause (1), or a similar law of another jurisdiction.
(o) Persons who conduct assessments
or investigations under this section shall take into account accepted
child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's
health, welfare, and safety."
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2994, A bill for an act relating to education;
providing for prekindergarten through grade 12 education, including general
education, education excellence, special education, facilities, accounting, and
technology, state agencies, technical and conforming amendments, and early
childhood education; providing for postsecondary education; authorizing
rulemaking; appropriating money; amending Minnesota Statutes 2004, sections
119A.50, subdivision 1; 119A.52; 119A.53; 119A.545; 120A.20, subdivision 1;
120A.22, subdivision 3; 120B.021, subdivision 1, by adding a subdivision; 120B.023;
120B.024; 121A.035; 121A.15, subdivision 10; 121A.17, subdivision 3; 122A.18,
subdivision 2; 123A.06, subdivision 2; 123A.44; 123A.441; 123A.442; 123A.443;
123B.10, subdivision 1; 123B.77, subdivision 3, by adding a subdivision;
123B.90, subdivision 2; 123B.91, by adding a subdivision; 124D.02, subdivisions
2, 4; 124D.095, subdivision 3; 124D.096; 124D.10, subdivision 16; 124D.11,
subdivision 9; 124D.13, subdivisions 2, 3; 124D.61; 124D.68, subdivision 3;
125A.02, subdivision 1; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.62,
subdivision 1; 125A.63, subdivision 4; 125A.65, subdivisions 3, 4, 6, 8, 10;
125A.69, subdivision 3; 125A.75, subdivision 1, by adding a subdivision;
126C.05, subdivision 1; 126C.10, subdivision 6, by adding subdivisions; 126C.44;
127A.41, subdivision 2; 135A.031, subdivision 7, by adding subdivisions;
135A.053, subdivision 2; 136A.15, by adding a subdivision; 136A.16, by adding a
subdivision; 136A.162; 136A.1701, by adding a subdivision; 136A.233,
subdivision 3; 136F.02, subdivision 1; 136F.42, subdivision
1; 136F.71, subdivision 2, by adding a subdivision; 169.01, subdivision 6;
169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5;
169.4503, subdivision 20; 171.321, subdivisions 4, 5; 181.101; 245A.023;
245A.14, by adding a subdivision; 299F.30; 626.556, subdivisions 3b, 3c;
Minnesota Statutes 2005 Supplement, sections 120B.021, subdivision 1a; 120B.11,
subdivision 2; 120B.131, subdivision 2; 121A.17, subdivision 5; 122A.414,
subdivisions 2b, 3; 123B.04, subdivision 2; 123B.76, subdivision 3; 123B.92,
subdivisions 1, 5; 124D.095, subdivision 4; 124D.175; 124D.68, subdivision 2;
125A.11, subdivision 1; 125A.79, subdivision 1; 126C.10, subdivisions 24, 31;
126C.17, subdivision 9; 126C.43, subdivision 2; 127A.45, subdivision 10;
135A.52, subdivisions 1, 2; 626.556, subdivisions 2, 3; Laws 2005, First
Special Session chapter 5, article 2, section 84, subdivision 13; article 7,
section 20, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapters 119A; 121A; 135A; 136A; repealing Minnesota Statutes 2004, sections
119A.51; 120A.20, subdivision 3; 121A.23; 123B.749; 125A.10; 125A.515,
subdivision 2; 135A.031, subdivision 5; 135A.033; 136A.15, subdivision 5;
136A.1702; 169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26;
Minnesota Statutes 2005 Supplement, section
135A.031, subdivisions 3, 4; Minnesota Rules, parts 4850.0011, subparts 9, 10,
14, 27; 4850.0014, subpart 1.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 131 yeas and 1
nay as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, B.
The bill was passed, as amended, and its title agreed to.
Kohls moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
The following Conference Committee Reports
were received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 785
A bill for an act relating to financing
and operation of government in this state; modifying truth in taxation
provisions and adding a taxpayer satisfaction survey; changing income,
corporate franchise, withholding, estate, property, sales and use, mortgage
registry, health care gross revenues, motor fuels, gambling, cigarette and
tobacco products, occupation, net proceeds, production, liquor, insurance, and
other taxes and tax-related provisions; making technical, clarifying,
collection, enforcement, refund, and administrative changes to certain taxes
and tax-related provisions, tax-forfeited lands, revenue recapture, unfair
cigarette sales, state debt collection, sustainable forest incentive programs,
and payments in lieu of taxes; changing local government aids and credits;
providing for determination of population for certain purposes; updating
references to the Internal Revenue Code, changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies,
deferral, review and equalization, appeals, notices and statements, and
distribution provisions; changing rent constituting property taxes and property
tax refunds; requiring state contracts be with vendors registered to collect
use taxes; abolishing the political contribution refund; authorizing local
sales taxes; extending a sales tax expiration; providing for compliance with
streamlined sales tax agreement; changing the taxation of liquor and cigarettes;
authorizing income tax checkoffs; requiring registration of tax shelters and
providing for a voluntary compliance initiative; changing job opportunity
building zones, border city development zones, biotechnology and health
sciences industry zone provisions; setting minimum employee compensation for
qualifying business in a JOBZ; limiting sales tax construction exemption in job
zones to businesses paying prevailing wage; requiring a referendum for certain
subsidies to gambling enterprises; authorizing charges for certain emergency
services; imposing a franchise fee on card clubs; defining the term
"tax"; regulating tax preparers; suspending appropriations or aids to
public employers who prohibit certain employees from wearing a flag on a
uniform; providing for training and conduct of assessors; prohibiting purchases
of tax-forfeited lands by certain local officials; providing for data
classification and exchange of data; establishing a tax reform commission;
providing and imposing powers and duties on the commissioner of revenue and
other state agencies and departments and on certain political subdivisions and
certain officials; changing and imposing penalties; requiring reports;
transferring funds; appropriating money; amending Minnesota Statutes 2004,
sections 4A.02; 16C.03, by adding a subdivision; 16D.10; 168A.05, subdivision
1a; 190.09, subdivision 2; 240.30, by adding a subdivision; 270.02, subdivision
3; 270.11, subdivision 2; 270.16, subdivision 2; 270.30, subdivisions 1, 5, 6,
8, by adding subdivisions; 270.65; 270.67, subdivision 4; 270.69, subdivision
4; 270A.03, subdivisions 5, 7; 272.01, subdivision 2; 272.02, subdivisions 1a,
7, 47, 53, 64, by adding subdivisions; 272.0211, subdivisions 1, 2; 272.0212,
subdivisions 1, 2; 272.029, subdivisions 4, 6; 273.055; 273.0755; 273.11,
subdivisions 1a, 8, by adding subdivisions; 273.111, by adding a subdivision;
273.123, subdivision 7; 273.124, subdivisions 3, 6, 8, 14, 21; 273.125,
subdivision 8; 273.13, subdivisions 22, 23, 25, by adding a subdivision;
273.1315; 273.1384, subdivision 1; 273.19, subdivision 1a; 273.372; 274.01,
subdivision 1; 274.014, subdivisions 2, 3; 274.14; 275.025, subdivision 4;
275.065, subdivisions 1c, 3, 4, 7, by adding subdivisions; 275.07, subdivisions
1, 4; 276.04, subdivision 2; 276.112; 276A.01, subdivision 7; 282.016; 282.08;
282.15; 282.21; 282.224; 282.301; 287.04; 289A.02, subdivision 7; 289A.08,
subdivisions 1, 3, 7, 13, 16; 289A.18, subdivision 1; 289A.19, subdivision 4;
289A.20, subdivision 2; 289A.31, subdivision 2; 289A.37, subdivision 5;
289A.38, subdivisions 6, 7, by adding subdivisions; 289A.40, subdivision 2, by
adding subdivisions; 289A.50, subdivisions 1, 1a; 289A.56, by adding a
subdivision; 289A.60, subdivisions 2a, 4, 6, 7, 11, 13, 20, by adding subdivisions;
290.01, subdivisions 6, 7,
7b, 19, as amended, 19a, 19b, 19c, 19d, 31; 290.032, subdivisions 1, 2; 290.06,
subdivisions 2c, 22, by adding a subdivision; 290.067, subdivisions 1, 2a;
290.0671, subdivisions 1, 1a; 290.0672, subdivisions 1, 2; 290.0674,
subdivisions 1, 2; 290.0675, subdivision 1; 290.091, subdivisions 2, 3;
290.0922, subdivision 2; 290.191, subdivisions 2, 3; 290.92, subdivisions 1,
4b; 290A.03, subdivisions 3, 11, 13, 15, by adding subdivisions; 290A.07, by
adding a subdivision; 290A.19; 290B.05, subdivision 3; 290C.05; 290C.10;
291.005, subdivision 1; 291.03, subdivision 1; 295.52, subdivision 4; 295.53,
subdivision 1; 295.582; 295.60, subdivision 3; 296A.22, by adding a
subdivision; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64,
subdivision 4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9, 29,
by adding a subdivision; 297A.68, subdivisions 2, 5, 28, 35, 37, 38, 39, by
adding subdivisions; 297A.70, subdivision 10; 297A.71, subdivision 12, by
adding a subdivision; 297A.72, by adding a subdivision; 297A.75, subdivision 1;
297A.87, subdivisions 2, 3; 297A.99, subdivisions 1, 3, 4, 9, by adding
subdivisions; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06,
subdivision 2; 297E.07; 297F.08, subdivision 12, by adding a subdivision;
297F.09, subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a
subdivision; 297I.01, by adding subdivisions; 297I.05, subdivisions 4, 5, by
adding a subdivision; 298.01, subdivisions 3, 4; 298.24, subdivision 1; 298.75,
by adding a subdivision; 325D.33, subdivision 6; 365.43, subdivision 1;
365.431; 366.011; 366.012; 373.45, subdivision 7; 469.169, by adding a
subdivision; 469.1735, subdivision 3; 469.176, subdivisions 4l, 7; 469.310,
subdivision 11, by adding a subdivision; 469.315; 469.316; 469.317; 469.319,
subdivision 1, by adding a subdivision; 469.320, subdivision 3; 469.330,
subdivision 11; 469.335; 469.337; 469.340, subdivision 1; 473.843, subdivision
5; 473F.02, subdivisions 2, 7; 477A.011, subdivisions 3, 34, 35, 36, 38;
477A.0124, subdivisions 2, 4; 477A.013, subdivisions 8, 9, by adding a
subdivision; 477A.016; 477A.03, subdivisions 2a, 2b; 477A.11, subdivision 4, by
adding a subdivision; 477A.12, subdivisions 1, 2; 477A.14, subdivision 1;
645.44, by adding a subdivision; Laws 1998, chapter 389, article 3, section 42,
subdivision 2, as amended; Laws 1998, chapter 389, article 8, section 43,
subdivision 3; Laws 2001, First Special Session chapter 5, article 3, section
8; Laws 2001, First Special Session chapter 5, article 12, section 95, as
amended; Laws 2002, chapter 377, article 3, section 4; Laws 2003, chapter 127,
article 5, section 27; Laws 2003, chapter 127, article 5, section 28; Laws
2003, First Special Session chapter 21, article 5, section 13; Laws 2003, First
Special Session chapter 21, article 6, section 9; Laws 2005, chapter 43,
section 1; proposing coding for new law in Minnesota Statutes, chapters 15;
270; 272; 273; 275; 280; 289A; 290; 290C; 295; 297A; 297F; 373; 459; 473;
repealing Minnesota Statutes 2004, sections 10A.322, subdivision 4; 16A.1522,
subdivision 4; 270.85; 270.88; 272.02, subdivision 65; 273.19, subdivision 5;
273.37, subdivision 3; 274.05; 275.065, subdivisions 5a, 6, 6b, 8; 275.15;
275.61, subdivision 2; 283.07; 290.06, subdivision 23; 297E.12, subdivision 10;
469.1794, subdivision 6; 477A.08; Laws 1975, chapter 287, section 5; Laws 1998,
chapter 389, article 3, section 41; Laws 2003, chapter 127, article 9, section
9, subdivision 4; Minnesota Rules, parts 8093.2000; 8093.3000; 8130.0110,
subpart 4; 8130.0200, subparts 5, 6; 8130.0400, subpart 9; 8130.1200, subparts
5, 6; 8130.2900; 8130.3100, subpart 1; 8130.4000, subparts 1, 2; 8130.4200,
subpart 1; 8130.4400, subpart 3; 8130.5200; 8130.5600, subpart 3; 8130.5800,
subpart 5; 8130.7300, subpart 5; 8130.8800, subpart 4.
May 20, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the undersigned conferees for H. F. No. 785 report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
785 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE
1
INCOME AND FRANCHISE TAXES
Section 1. Minnesota
Statutes 2004, section 290.06, is amended by adding a subdivision to read:
Subd. 36. Bovine testing credit. (a) An owner of cattle in Minnesota may
take a credit against the tax due under this chapter for an amount equal to
one-half the expenses incurred during the taxable year to conduct tuberculosis
testing on those cattle.
(b) If the amount of credit which the taxpayer is eligible to
receive under this subdivision exceeds the taxpayer's tax liability under this
chapter, the commissioner of revenue shall refund the excess to the taxpayer.
(c) The amount necessary to pay claims for the refund
provided in this subdivision is appropriated from the general fund to the
commissioner of revenue.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2005.
Sec. 2. [290.0677] MILITARY SERVICE CREDIT.
Subdivision 1.
Credit allowed. (a) An individual is allowed a credit
against the tax due under this chapter equal to $59 for each month or portion
thereof that the individual was in active military service in a designated area
after September 11, 2001, while a Minnesota domiciliary.
(b) For active service performed after September 11, 2001,
and before December 31, 2006, the individual may claim the credit in the taxable
year beginning after December 31, 2005, and before January 1, 2007.
(c) For active service performed after December 31, 2006, the
individual may claim the credit for the taxable year in which the active
service was performed.
(d) If a Minnesota domiciliary is killed while performing
active military service in a designated area, the individual's surviving spouse
or dependent child may take the credit in the taxable year of the death. If a Minnesota domiciliary was killed while
performing active military service in a designated area between September 11,
2001, and December 31, 2006, the individual's surviving spouse or dependent
child may claim this credit in the taxable year beginning after December 31,
2005, and before January 1, 2007.
Subd. 2. Definitions. (a) For purposes of this section the
following terms have the meanings given.
(b) "Designated area" means a:
(1) combat zone designated by Executive Order from the
President of the United States;
(2) qualified hazardous duty area, designated in Public Law;
or
(3) location certified by the U.S. Department of Defense as
eligible for combat zone tax benefits due to the location's direct support of
military operations.
(c) "Active military service" means active duty
service in any of the United States Armed Forces, the National Guard, or
reserves.
Subd.
3.
Subd. 4. Appropriation. An amount sufficient to pay the refunds
required by this section is appropriated to the commissioner from the general
fund.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2005.
Sec. 3. Minnesota
Statutes 2004, section 290.091, subdivision 3, is amended to read:
Subd. 3. Exemption amount. (a) For purposes of computing the
alternative minimum tax, the exemption amount is:
(1) for taxable years beginning before January 1, 2006, the
exemption determined under section 55(d) of the Internal Revenue Code, as
amended through December 31, 1992; and
(2) for taxable years beginning after December 31, 2005,
$60,000 for married couples filing joint returns, $30,000 for married
individuals filing separate returns, estates, and trusts, and $45,000 for
unmarried individuals.
(b) The exemption amount determined under this subdivision is
subject to the phase out under section 55(d)(3) of the Internal Revenue Code, except
that alternative minimum taxable income as determined under this section must
be substituted in the computation of the phase out under section 55(d)(3).
(c) For taxable years beginning after December 31, 2006, the
exemption amount under paragraph (a), clause (2), must be adjusted for
inflation. The commissioner shall make
the inflation adjustments in accordance with section 1(f) of the Internal
Revenue Code except that for the purposes of this subdivision the percentage
increase must be determined from the year starting September 1, 2005, and
ending August 31, 2006, as the base year for adjusting for inflation for the
tax year beginning after December 31, 2006.
The determination of the commissioner under this subdivision is not a
rule under the Administrative Procedure Act.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2005.
Sec. 4. Minnesota
Statutes 2004, section 290.17, subdivision 1, is amended to read:
Subdivision 1. Scope of allocation rules. (a) The income of resident individuals is not
subject to allocation outside this state.
The allocation rules apply to nonresident individuals, estates, trusts,
nonresident partners of partnerships, nonresident shareholders of corporations
treated as "S" corporations under section 290.9725, and all
corporations not having such an election in effect. If a partnership or corporation would not
otherwise be subject to the allocation rules, but conducts a trade or business
that is part of a unitary business involving another legal entity that is
subject to the allocation rules, the partnership or corporation is subject to
the allocation rules.
(b) Expenses, losses, and other deductions (referred to
collectively in this paragraph as "deductions") must be allocated
along with the item or class of gross income to which they are definitely
related for purposes of assignment under this section or apportionment under
section 290.191, 290.20, or 290.36.
Deductions not definitely related to any item or class of
gross income are assigned under subdivision 2, paragraph (e), are
assigned to the taxpayer's domicile.
(c) In the case of an individual who is a resident for only
part of a taxable year, the individual's income, gains, losses, and deductions
from the distributive share of a partnership, S corporation, trust, or estate
are not subject to allocation outside this state to the extent of the
distributive share multiplied by a ratio, the numerator of which is the number
of days the individual was a resident of this state during the tax year of the
partnership, S corporation, trust, or estate, and the denominator of which is
the number of days in the taxable year of the partnership, S corporation,
trust, or estate.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
FEDERAL UPDATE
Section 1. Minnesota
Statutes 2005 Supplement, section 289A.02, subdivision 7, is amended to read:
Subd. 7. Internal Revenue Code. Unless specifically defined otherwise,
"Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended through April 15, 2005 May 18, 2006.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 290.01, subdivision 19, is amended to read:
Subd. 19. Net income. The term "net income" means the
federal taxable income, as defined in section 63 of the Internal Revenue Code
of 1986, as amended through the date named in this subdivision, incorporating
the federal effective dates of changes to the Internal Revenue Code and any
elections made by the taxpayer in accordance with the Internal Revenue Code in
determining federal taxable income for federal income tax purposes, and with
the modifications provided in subdivisions 19a to 19f.
In the case of a regulated investment company or a fund
thereof, as defined in section 851(a) or 851(g) of the Internal Revenue Code,
federal taxable income means investment company taxable income as defined in
section 852(b)(2) of the Internal Revenue Code, except that:
(1) the exclusion of net capital gain provided in section
852(b)(2)(A) of the Internal Revenue Code does not apply;
(2) the deduction for dividends paid under section
852(b)(2)(D) of the Internal Revenue Code must be applied by allowing a
deduction for capital gain dividends and exempt-interest dividends as defined
in sections 852(b)(3)(C) and 852(b)(5) of the Internal Revenue Code; and
(3) the deduction for dividends paid must also be applied in
the amount of any undistributed capital gains which the regulated investment
company elects to have treated as provided in section 852(b)(3)(D) of the
Internal Revenue Code.
The net income of a real estate investment trust as defined
and limited by section 856(a), (b), and (c) of the Internal Revenue Code means
the real estate investment trust taxable income as defined in section 857(b)(2)
of the Internal Revenue Code.
The net income of a designated settlement fund as defined in
section 468B(d) of the Internal Revenue Code means the gross income as defined
in section 468B(b) of the Internal Revenue Code.
The Internal Revenue Code of 1986, as amended through April
15, 2005 May 18, 2006, shall be in effect for taxable years
beginning after December 31, 1996.
Except
as otherwise provided, references to the Internal Revenue Code in subdivisions
19 to 19f mean the code in effect for purposes of determining net income for
the applicable year.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 290.01, subdivision 19a, is amended to read:
Subd. 19a. Additions to federal taxable income. For individuals, estates, and trusts, there
shall be added to federal taxable income:
(1)(i) interest income on obligations of any state other than
Minnesota or a political or governmental subdivision, municipality, or
governmental agency or instrumentality of any state other than Minnesota exempt
from federal income taxes under the Internal Revenue Code or any other federal
statute; and
(ii) exempt-interest dividends as defined in section
852(b)(5) of the Internal Revenue Code, except the portion of the
exempt-interest dividends derived from interest income on obligations of the
state of Minnesota or its political or governmental subdivisions,
municipalities, governmental agencies or instrumentalities, but only if the
portion of the exempt-interest dividends from such Minnesota sources paid to
all shareholders represents 95 percent or more of the exempt-interest dividends
that are paid by the regulated investment company as defined in section 851(a)
of the Internal Revenue Code, or the fund of the regulated investment company
as defined in section 851(g) of the Internal Revenue Code, making the payment;
and
(iii) for the purposes of items (i) and (ii), interest on
obligations of an Indian tribal government described in section 7871(c) of the
Internal Revenue Code shall be treated as interest income on obligations of the
state in which the tribe is located;
(2) the amount of income or sales and use taxes paid or
accrued within the taxable year under this chapter and the amount of taxes
based on net income paid or sales and use taxes paid to any other state or to
any province or territory of Canada, to the extent allowed as a deduction under
section 63(d) of the Internal Revenue Code, but the addition may not be more
than the amount by which the itemized deductions as allowed under section 63(d)
of the Internal Revenue Code exceeds the amount of the standard deduction as
defined in section 63(c) of the Internal Revenue Code minus the addition
which would have been required under clause (10) if the taxpayer had claimed
the standard deduction. For the
purpose of this paragraph, the disallowance of itemized deductions under
section 68 of the Internal Revenue Code of 1986, income or sales and use tax is
the last itemized deduction disallowed;
(3) the capital gain amount of a lump sum distribution to
which the special tax under section 1122(h)(3)(B)(ii) of the Tax Reform Act of
1986, Public Law 99-514, applies;
(4) the amount of income taxes paid or accrued within the
taxable year under this chapter and taxes based on net income paid to any other
state or any province or territory of Canada, to the extent allowed as a
deduction in determining federal adjusted gross income. For the purpose of this paragraph, income
taxes do not include the taxes imposed by sections 290.0922, subdivision 1,
paragraph (b), 290.9727, 290.9728, and 290.9729;
(5) the amount of expense, interest, or taxes disallowed pursuant
to section 290.10 other than expenses or interest used in computing net
interest income for the subtraction allowed under subdivision 19b, clause (1);
(6) the amount of a partner's pro rata share of net income
which does not flow through to the partner because the partnership elected to
pay the tax on the income under section 6242(a)(2) of the Internal Revenue
Code;
(7)
80 percent of the depreciation deduction allowed under section 168(k) of the
Internal Revenue Code. For purposes of
this clause, if the taxpayer has an activity that in the taxable year generates
a deduction for depreciation under section 168(k) and the activity generates a
loss for the taxable year that the taxpayer is not allowed to claim for the
taxable year, "the depreciation allowed under section 168(k)" for the
taxable year is limited to excess of the depreciation claimed by the activity
under section 168(k) over the amount of the loss from the activity that is not
allowed in the taxable year. In
succeeding taxable years when the losses not allowed in the taxable year are
allowed, the depreciation under section 168(k) is allowed;
(8) 80 percent of the amount by which the deduction allowed
by section 179 of the Internal Revenue Code exceeds the deduction allowable by
section 179 of the Internal Revenue Code of 1986, as amended through December
31, 2003;
(9) to the extent deducted in computing federal taxable
income, the amount of the deduction allowable under section 199 of the Internal
Revenue Code; and
(10) for tax years beginning after December 31, 2004, to the
extent deducted in computing federal taxable income, the amount by which the
standard deduction allowed under section 63(c) of the Internal Revenue Code
exceeds the standard deduction allowable under section 63(c) of the Internal
Revenue Code of 1986, as amended through December 31, 2003; and
(11) (10) the exclusion allowed under
section 139A of the Internal Revenue Code for federal subsidies for
prescription drug plans.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2005.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 290.01, subdivision 19c, is amended to read:
Subd. 19c. Corporations; additions to federal taxable
income. For corporations, there
shall be added to federal taxable income:
(1) the amount of any deduction taken for federal income tax
purposes for income, excise, or franchise taxes based on net income or related
minimum taxes, including but not limited to the tax imposed under section
290.0922, paid by the corporation to Minnesota, another state, a political
subdivision of another state, the District of Columbia, or any foreign country
or possession of the United States;
(2) interest not subject to federal tax upon obligations
of: the United States, its possessions,
its agencies, or its instrumentalities; the state of Minnesota or any other
state, any of its political or governmental subdivisions, any of its
municipalities, or any of its governmental agencies or instrumentalities; the
District of Columbia; or Indian tribal governments;
(3) exempt-interest dividends received as defined in section
852(b)(5) of the Internal Revenue Code;
(4) the amount of any net operating loss deduction taken for
federal income tax purposes under section 172 or 832(c)(10) of the Internal
Revenue Code or operations loss deduction under section 810 of the Internal
Revenue Code;
(5) the amount of any special deductions taken for federal
income tax purposes under sections 241 to 247 and 965 of the Internal
Revenue Code;
(6) losses from the business of mining, as defined in section
290.05, subdivision 1, clause (a), that are not subject to Minnesota income
tax;
(7)
the amount of any capital losses deducted for federal income tax purposes under
sections 1211 and 1212 of the Internal Revenue Code;
(8) the exempt foreign trade income of a foreign sales
corporation under sections 921(a) and 291 of the Internal Revenue Code;
(9) the amount of percentage depletion deducted under
sections 611 through 614 and 291 of the Internal Revenue Code;
(10) for certified pollution control facilities placed in
service in a taxable year beginning before December 31, 1986, and for which
amortization deductions were elected under section 169 of the Internal Revenue
Code of 1954, as amended through December 31, 1985, the amount of the
amortization deduction allowed in computing federal taxable income for those
facilities;
(11) the amount of any deemed dividend from a foreign
operating corporation determined pursuant to section 290.17, subdivision 4,
paragraph (g);
(12) the amount of a partner's pro rata share of net income
which does not flow through to the partner because the partnership elected to
pay the tax on the income under section 6242(a)(2) of the Internal Revenue
Code;
(13) the amount of net income excluded under section 114 of
the Internal Revenue Code;
(14) any increase in subpart F income, as defined in section
952(a) of the Internal Revenue Code, for the taxable year when subpart F income
is calculated without regard to the provisions of section 614 of Public Law
107-147 103 of Public Law 109-222;
(15) 80 percent of the depreciation deduction allowed under
section 168(k)(1)(A) and (k)(4)(A) of the Internal Revenue Code. For purposes of this clause, if the taxpayer
has an activity that in the taxable year generates a deduction for depreciation
under section 168(k)(1)(A) and (k)(4)(A) and the activity generates a loss for
the taxable year that the taxpayer is not allowed to claim for the taxable
year, "the depreciation allowed under section 168(k)(1)(A) and
(k)(4)(A)" for the taxable year is limited to excess of the depreciation
claimed by the activity under section 168(k)(1)(A) and (k)(4)(A) over the
amount of the loss from the activity that is not allowed in the taxable year. In succeeding taxable years when the losses
not allowed in the taxable year are allowed, the depreciation under section
168(k)(1)(A) and (k)(4)(A) is allowed;
(16) 80 percent of the amount by which the deduction allowed
by section 179 of the Internal Revenue Code exceeds the deduction allowable by
section 179 of the Internal Revenue Code of 1986, as amended through December
31, 2003;
(17) to the extent deducted in computing federal taxable
income, the amount of the deduction allowable under section 199 of the Internal
Revenue Code; and
(18) the exclusion allowed under section 139A of the Internal
Revenue Code for federal subsidies for prescription drug plans.
EFFECTIVE
DATE. The amendment to
clause (5) is effective at the same time as the provisions of section 965 of
the Internal Revenue Code. Clause (14)
of this section is effective for taxable years beginning after December 31,
2006.
Sec.
5. Minnesota Statutes 2005 Supplement,
section 290.01, subdivision 31, is amended to read:
Subd. 31. Internal Revenue Code. Unless specifically defined otherwise,
"Internal Revenue Code" means the Internal Revenue Code of 1986, as
amended through April 15, 2005 May 18, 2006.
EFFECTIVE
DATE. This section is
effective the day following final enactment except the changes incorporated by
federal changes are effective at the same times as the changes were effective
for federal purposes.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 290.0675, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section the
following terms have the meanings given.
(b) "Earned income" means the sum of the following,
to the extent included in Minnesota taxable income:
(1) earned income as defined in section 32(c)(2) of the
Internal Revenue Code;
(2) income received from a retirement pension,
profit-sharing, stock bonus, or annuity plan; and
(3) Social Security benefits as defined in section 86(d)(1)
of the Internal Revenue Code.
(c) "Taxable income" means net income as defined in
section 290.01, subdivision 19.
(d) "Earned income of lesser-earning spouse" means
the earned income of the spouse with the lesser amount of earned income as
defined in paragraph (b) for the taxable year minus the sum of (i) the amount
for one exemption under section 151(d) of the Internal Revenue Code and (ii)
one-half the amount of the standard deduction under section 63(c)(2)(A) and (4)
of the Internal Revenue Code minus one-half of any addition required under
section 290.01, subdivision 19a, clause (10), and one-half of the addition
which would have been required under section 290.01, subdivision 19a, clause
(10), if the taxpayer had claimed the standard deduction.
EFFECTIVE
DATE. This section is
effective for taxable years beginning after December 31, 2005.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 290A.03, subdivision 15, is amended to read:
Subd. 15. Internal Revenue Code. "Internal Revenue Code" means the
Internal Revenue Code of 1986, as amended through April 15, 2005 May
18, 2006.
EFFECTIVE
DATE. This section is
effective for property tax refunds based on property taxes payable on or after
December 31, 2005, and rent paid on or after December 31, 2004.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 291.005, subdivision 1, is amended to read:
Subdivision 1. Scope.
Unless the context otherwise clearly requires, the following terms used
in this chapter shall have the following meanings:
(1) "Federal gross estate" means the gross estate
of a decedent as valued and otherwise determined for federal estate tax
purposes by federal taxing authorities pursuant to the provisions of the
Internal Revenue Code.
(2) "Minnesota gross estate" means the federal
gross estate of a decedent after (a) excluding therefrom any property included
therein which has its situs outside Minnesota, and (b) including therein any
property omitted from the federal gross estate which is includable therein, has
its situs in Minnesota, and was not disclosed to federal taxing authorities.
(3)
"Personal representative" means the executor, administrator or other
person appointed by the court to administer and dispose of the property of the
decedent. If there is no executor,
administrator or other person appointed, qualified, and acting within this
state, then any person in actual or constructive possession of any property
having a situs in this state which is included in the federal gross estate of
the decedent shall be deemed to be a personal representative to the extent of
the property and the Minnesota estate tax due with respect to the property.
(4) "Resident decedent" means an individual whose
domicile at the time of death was in Minnesota.
(5) "Nonresident decedent" means an individual
whose domicile at the time of death was not in Minnesota.
(6) "Situs of property" means, with respect to real
property, the state or country in which it is located; with respect to tangible
personal property, the state or country in which it was normally kept or
located at the time of the decedent's death; and with respect to intangible personal
property, the state or country in which the decedent was domiciled at death.
(7) "Commissioner" means the commissioner of
revenue or any person to whom the commissioner has delegated functions under
this chapter.
(8) "Internal Revenue Code" means the United States
Internal Revenue Code of 1986, as amended through April 15, 2005 May
18, 2006.
(9) "Minnesota adjusted taxable estate" means
federal adjusted taxable estate as defined by section 2011(b)(3) of the
Internal Revenue Code, increased by the amount of deduction for state death
taxes allowed under section 2058 of the Internal Revenue Code.
EFFECTIVE
DATE. This section is
effective for estates of decedents dying after December 31, 2005.
ARTICLE 3
SALES AND USE TAX
Section 1. Minnesota
Statutes 2005 Supplement, section 270C.722, subdivision 2, is amended to read:
Subd. 2. New permits after revocation. (a) The commissioner shall not issue a new
permit after revocation or reinstate a revoked permit unless the taxpayer
applies for a permit and provides reasonable evidence of intention to comply
with the sales and use tax laws and rules.
The commissioner may require the applicant to provide security, in
addition to that authorized by section 297A.92, in an amount reasonably
necessary to ensure compliance with the sales and use tax laws and rules. If the commissioner issues or reinstates a
permit not in conformance with the requirements of this subdivision or
applicable rules, the commissioner may cancel the permit upon notice to the
permit holder. The notice must be served
by first class and certified mail at the permit holder's last known
address. The cancellation shall be
effective immediately, subject to the right of the permit holder to show that
the permit was issued in conformance with the requirements of this subdivision
and applicable rules. Upon such showing,
the permit must be reissued.
(b) If a taxpayer has had a permit or permits revoked three
times in a five-year period, the commissioner shall not may refuse to
issue a new permit or reinstate the revoked permit until 24 months have elapsed
after revocation and the taxpayer has satisfied the conditions for
reinstatement of a revoked permit or issuance of a new permit imposed by this
section and rules adopted under this section.
(c) For purposes of this subdivision, "taxpayer"
means:
(1)
an individual, if a revoked permit was issued to or in the name of an
individual, or a corporation or partnership, if a revoked permit was issued to
or in the name of a corporation or partnership; and
(2) an officer of a corporation, a member of a partnership,
or an individual who is liable for delinquent sales taxes, either for the
entity for which the new or reinstated permit is at issue, or for another
entity for which a permit was previously revoked, or personally as a permit
holder.
Sec. 2. Minnesota
Statutes 2004, section 297A.71, is amended by adding a subdivision to read:
Subd. 37. Hydroelectric generating facility. Materials and supplies used or consumed in
the construction of a 10.3 megawatt run-of-the-river hydroelectric generating
facility that meets the requirements of this subdivision are exempt. To qualify for the exemption under this
subdivision, a hydroelectric generating facility must:
(1) utilize between 12 and 16 turbine generators at a dam
site existing on March 31, 1994;
(2) be located on land within 3,000 feet of a 13.8 kilovolt
distribution circuit; and
(3) be eligible to receive a renewable energy production
incentive payment under section 216C.41.
EFFECTIVE
DATE. This section is
effective for sales and purchases made after April 30, 2006, and on or before
December 31, 2009.
Sec. 3. Laws 1996,
chapter 471, article 2, section 29, subdivision 1, is amended to read:
Subdivision 1. Sales tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other contrary provision of law, ordinance, or city
charter, the city of Hermantown may, by ordinance, impose an additional sales
tax of up to one percent on sales transactions taxable pursuant to Minnesota Statutes,
chapter 297A, that occur within the city.
The proceeds of the tax imposed under this section must be used to meet
the costs of:
(1) extending a sewer interceptor line;
(2) construction of a booster pump station, reservoirs, and
related improvements to the water system; and
(3) construction of a building containing a police and
fire station and an administrative services facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment, upon compliance with Minnesota
Statutes, section 645.021, subdivision 3, by the city of Hermantown.
Sec. 4. Laws 1996,
chapter 471, article 2, section 29, subdivision 4, is amended to read:
Subd. 4. Termination. The tax authorized under this section
terminates at the later of (1) ten years after the date of initial
imposition of the tax, or (2) on the first day of the second month next
succeeding a determination by the city council that sufficient funds have been
received from the tax to finance the improvements described in subdivision 1,
clauses (1) to (3), and to prepay or retire at maturity the principal,
interest, and premium due on any bonds issued for the improvements on
March 31, 2026. Any funds remaining
after completion of the improvements and retirement or redemption of the bonds
may be placed in the general fund of the city.
EFFECTIVE
DATE. This section is
effective the day following final enactment, upon compliance with Minnesota
Statutes, section 645.021, subdivision 3, by the city of Hermantown.
Sec.
5. Laws 2005, First Special Session
chapter 3, article 5, section 14, the effective date, is amended to read:
EFFECTIVE DATE. This section is effective for sales made
after December 31, 2004, and on or before December 31, 2007 2009.
Sec. 6. Laws 2005,
First Special Session chapter 3, article 5, section 38, subdivision 2, is
amended to read:
Subd. 2. Use of revenues. The proceeds of the tax imposed under
this section shall be used to pay for lake improvement projects as detailed in
the Shell Rock River watershed plan and as directed by the Shell Rock River
Watershed Board. Notwithstanding any
provision of statute, other law, or city charter to the contrary, the city
shall transfer all revenues from the tax imposed under subdivision 1, as soon
as they are received, to the Shell Rock River Watershed District. The city is not required to review the
intended uses of the revenues by the watershed district, nor is the watershed
district required to submit to the city proposed budgets, statements, or
invoices explaining the intended uses of the revenues as a prerequisite for the
transfer of the revenues.
EFFECTIVE
DATE. This section is
effective the day after compliance by the governing body of the city of Albert
Lea with Minnesota Statutes, section 645.021, subdivision 3.
Sec. 7. Laws 2005,
First Special Session chapter 3, article 5, section 43, subdivision 3, is
amended to read:
Subd. 3. Use of revenues. Revenues received from the taxes
authorized by subdivisions 1 and 2 must be used to pay all or part of the capital
costs of transportation contained in the Minnesota Department of
Transportation's Winona Intermodal study dated June 2002 and in the resolution
approved by the city council on January 3, 2005, and all or a part of the
capital costs of flood control projects, up to $1,200,000, approved by
resolution of the city council on February 6, 2006, including securing or
paying debt service on bonds issued under subdivision 4, for the transportation
and flood control projects and to pay the cost of collecting and
administering the tax. Authorized costs
include, but are not limited to, acquiring property and paying construction and
engineering costs related to the projects.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Winona and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 8. Laws 2005,
First Special Session chapter 3, article 5, section 44, subdivision 1, is
amended to read:
Subdivision 1. Sales and use tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter, if
approved by the voters pursuant to Minnesota Statutes, section 297A.99, at the
next a general election held before January 1, 2008, the city
of Worthington may impose by ordinance a sales and use tax of up to one-half of
one percent for the purpose specified in subdivision 3. Except as otherwise provided in this section,
the provisions of Minnesota Statutes, section 297A.99, govern the imposition,
administration, collection, and enforcement of the tax authorized under this
subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. CITY OF AUSTIN; TAXES AUTHORIZED.
Subdivision 1.
Sales and use tax. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter, if
approved by the voters pursuant to Minnesota Statutes, section 297A.99, at the
next general election or special election held for that purpose before January
1, 2007, the city of Austin may impose by ordinance a sales and use tax of up
to one-half of one percent for the purpose specified in subdivision 2. Except as otherwise provided in this section,
the provisions of Minnesota Statutes, section 297A.99, govern the imposition,
administration, collection, and enforcement of the tax authorized under this
subdivision.
Subd.
2.
Subd. 3. Bonding authority. Pursuant to the approval of the city
voters to impose the tax authorized in subdivision 1, the city of Austin may
issue, without an additional election, general obligation bonds of the city in
an amount not to exceed $14,000,000 to finance the costs for the projects
specified in subdivision 2. The debt
represented by the bonds must not be included in computing any debt limitations
applicable to the city, and the levy of taxes required by Minnesota Statutes, section
475.61, to pay the principal or any interest on the bonds must not be subject
to any levy limitation.
Subd. 4. Termination of tax. The tax authorized under subdivision 1
terminates at the earlier of:
(1) 20 years after the date of initial imposition of the tax;
or
(2) when the Austin City Council determines that the amount
described in subdivision 2 has been received from the tax to finance the
capital and administrative costs for the projects specified in subdivision 2,
and to repay or retire at maturity, the principal, interest, and premium due on
any bonds issued for the projects under subdivision 3.
Any funds remaining after completion of the projects
specified in subdivision 2, and retirement or redemption of the bonds in
subdivision 3, may be placed in the general fund of the city. The tax imposed under subdivision 1 may
expire at an earlier time if the city so determines by ordinance.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Austin and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 10. CITY OF BAXTER; TAXES AUTHORIZED.
Subdivision 1.
Sales and use tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
pursuant to the approval of the voters on November 2, 2004, and pursuant to
Minnesota Statutes, section 297A.99, the city of Baxter may impose by ordinance
a sales and use tax of one-half of one percent for the purposes specified in
subdivision 3. The provisions of
Minnesota Statutes, section 297A.99, govern the imposition, administration,
collection, and enforcement of the tax authorized under this subdivision.
Subd. 2. Excise tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other contrary provision of law, ordinance, or city
charter, the city of Baxter may impose by ordinance, for the purposes specified
in subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by
ordinance, purchased or acquired from any person engaged within the city of
Baxter in the business of selling motor vehicles at retail.
Subd. 3. Use of revenues. Revenues received from the taxes
authorized by subdivisions 1 and 2 must be used to pay the cost of collecting
and administering the tax and to finance the acquisition and betterment of
water and wastewater facilities to serve the cities of Brainerd and Baxter,
building and equipping a fire substation, as approved by the voters at the
referendum authorizing the tax.
Authorized costs include, but are not limited to, acquiring property and
paying construction and engineering costs related to the projects.
Subd. 4. Bonds. The city of Baxter, pursuant to the
approval of the voters at the November 2, 2004, referendum authorizing the
imposition of the taxes in this section, may issue general obligation bonds of
the city, in one or more series, in the aggregate principal amount not to
exceed $15,000,000 to finance the projects listed in subdivision 3. The
debt represented by the bonds is not included in computing any debt limitations
applicable to the city, and the levy of taxes required by Minnesota Statutes,
section 475.61, to pay the principal of and interest on the bonds is not
subject to any levy limitation or included in computing or applying any levy
limitation applicable to the city of Baxter.
Subd. 5. Termination of taxes. The taxes imposed under subdivisions 1 and
2 expire at the earlier of a date 12 years after the imposition of the tax or
when the Baxter City Council first determines that the amount of revenues
raised from the taxes to pay for the projects under subdivision 3 equals or
exceeds $15,000,000 plus any interest on bonds issued for the projects under
subdivision 4. Any funds remaining after
the expiration of the taxes and retirement of the bonds shall be placed in a
capital project fund of the city of Baxter.
The taxes imposed under subdivisions 1 and 2 may expire at an earlier
time if the city of Baxter so determines by ordinance.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Baxter and its chief
clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3.
Sec. 11. CITY OF BRAINERD; TAXES AUTHORIZED.
Subdivision 1.
Sales and use tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
contingent on the approval of the voters on the November 7, 2006, referendum,
and pursuant to Minnesota Statutes, section 297A.99, the city of Brainerd may
impose by ordinance a sales and use tax of one-half of one percent for the
purposes specified in subdivision 3. The
provisions of Minnesota Statutes, section 297A.99, govern the imposition, administration,
collection, and enforcement of the tax authorized under this section.
Subd. 2. Excise tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
the city of Brainerd may impose by ordinance, for the purposes specified in
subdivision 3, an excise tax of up to $20 per motor vehicle, as defined by
ordinance, purchased, or acquired from any person engaged within the city of
Brainerd in the business of selling motor vehicles at retail.
Subd. 3. Use of revenues. Revenues received from the taxes
authorized by subdivisions 1 and 2 must be used to pay the cost of collecting
and administering the tax and to finance all or part of the costs of
constructing upgraded water and wastewater treatment facilities to serve the
cities of Brainerd and Baxter, water infrastructure improvements, and trail
development, contingent on approval by Brainerd voters at the November 7, 2006,
referendum. Authorized costs include,
but are not limited to, acquiring property and paying construction and
engineering costs related to the projects.
Subd. 4. Bonds. The city of Brainerd, contingent on
approval of the voters at the November 7, 2006, referendum authorizing the
imposition of taxes in this section, may issue general obligation bonds of the
city, in one or more series, in the aggregate principal amount not to exceed
$22,030,000 to finance the projects listed in subdivision 3. The debt represented by the bonds is not
included in computing any debt limitations applicable to Brainerd, and the levy
of taxes required by Minnesota Statutes, section 475.61, to pay the principal
and interest on the bonds is not subject to any levy limitation or included in
computing any levy limitation applicable to the city of Brainerd.
Subd. 5. Termination of taxes. The taxes imposed under subdivisions 1 and
2 expire at the earlier of a date 12 years after the imposition of the tax or
when the city council first determines that the amount of revenues raised from
the taxes to pay for projects under subdivision 3 equals or exceeds $22,030,000
plus any interest on bonds issued
for the projects under subdivision 4.
Any funds remaining after the expiration of the taxes and retirement of
the bonds shall be placed in a capital project fund of the city of
Brainerd. The taxes imposed under
subdivision 1 and 2 may expire at an earlier time if the city of Brainerd so
determines by ordinance.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Brainerd and its
chief clerical officer comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 12. CITY OF OWATONNA; TAXES AUTHORIZED.
Subdivision 1.
Sales and use tax authorized. Notwithstanding Minnesota Statutes, section
477A.016, or any other provision of law, ordinance, or city charter, if
approved by the voters at the next general election pursuant to Minnesota
Statutes, section 297A.99, the city of Owatonna may impose by ordinance a sales
and use tax of one-half of one percent for the purposes specified in
subdivision 3. The provisions of
Minnesota Statutes, section 297A.99, govern the imposition, administration,
collection, and enforcement of the taxes authorized under this subdivision.
Subd. 2. Excise tax authorized. Notwithstanding Minnesota Statutes,
section 477A.016, or any other provision of law, ordinance, or city charter,
the city of Owatonna may impose by ordinance, for the purposes specified in
subdivision 3, an excise tax of $20 per motor vehicle, as defined by ordinance,
purchased or acquired from any person engaged within the city in the business
of selling motor vehicles at retail.
Subd. 3. Use of revenues. Revenues received from the taxes
authorized by subdivisions 1 and 2 must be used to pay all or part of the
capital costs of transportation projects included in the 2004 U.S. Highway
14-Owatonna Beltline Study by the Minnesota Department of Transportation,
Steele County, and the city of Owatonna; regional parks and trail developments;
and the West Hills complex, including the firehall, and library improvement
projects; as described in the city resolution No. 4-06, Exhibit A, as adopted
by the city on January 17, 2006. The
amount paid from these revenues for transportation projects may not exceed $4,450,000
plus associated bond costs. The amount
paid from these revenues for park and trail projects may not exceed $5,400,000
plus associated bond costs. The amount
paid from these revenues for West Hills complex, fire hall, and library
improvement projects may not exceed $2,823,000 plus associated bond costs.
Subd. 4. Bonds. (a) The city of Owatonna, if approved by
voters pursuant to Minnesota Statutes, section 297A.99, may issue bonds under
Minnesota Statutes, chapter 475, to pay capital and administrative expenses for
the projects described in subdivision 3, in an amount that does not exceed
$12,700,000. A separate election to
approve the bonds under Minnesota Statutes, section 475.58, is not required.
(b) The debt represented by the bonds is not included in
computing any debt limitation applicable to the city, and any levy of taxes
under Minnesota Statutes, section 475.61, to pay principal and interest on the
bonds, is not subject to any levy limitation.
Subd. 5. Termination of taxes. The taxes imposed under subdivisions 1 and
2 expire at the earlier of (1) ten years after the tax is first imposed, or (2)
when the city council determines that the amount of revenues received from the
taxes to pay for the projects under subdivision 3 first equals or exceeds the
amount authorized to be spent for each project plus the additional amount
needed to pay the costs related to issuance of the bonds under subdivision 4,
including interest on the bonds. Any
funds remaining after completion of the projects and retirement or redemption
of the bonds shall be placed in a capital project fund of the city. The taxes imposed under sections 1 and 2 may
expire at an earlier time if the city so determines by ordinance.
EFFECTIVE
DATE. This section is
effective the day after compliance by the governing body of the city of
Owatonna with Minnesota Statutes, section 645.021, subdivision 3.
ARTICLE
4
PROPERTY TAXES
Section 1. Minnesota
Statutes 2004, section 116J.993, subdivision 3, is amended to read:
Subd. 3. Business subsidy. "Business subsidy" or
"subsidy" means a state or local government agency grant,
contribution of personal property, real property, infrastructure, the principal
amount of a loan at rates below those commercially available to the recipient,
any reduction or deferral of any tax or any fee, any guarantee of any payment
under any loan, lease, or other obligation, or any preferential use of
government facilities given to a business.
The following forms of financial assistance are not a
business subsidy:
(1) a business subsidy of less than $25,000;
(2) assistance that is generally available to all businesses
or to a general class of similar businesses, such as a line of business, size,
location, or similar general criteria;
(3) public improvements to buildings or lands owned by the
state or local government that serve a public purpose and do not principally
benefit a single business or defined group of businesses at the time the
improvements are made;
(4) redevelopment property polluted by contaminants as
defined in section 116J.552, subdivision 3;
(5) assistance provided for the sole purpose of renovating
old or decaying building stock or bringing it up to code and assistance
provided for designated historic preservation districts, provided that the
assistance is equal to or less than 50 percent of the total cost;
(6) assistance to provide job readiness and training services
if the sole purpose of the assistance is to provide those services;
(7) assistance for housing;
(8) assistance for pollution control or abatement, including
assistance for a tax increment financing hazardous substance subdistrict as
defined under section 469.174, subdivision 23;
(9) assistance for energy conservation;
(10) tax reductions resulting from conformity with federal
tax law;
(11) workers' compensation and unemployment insurance;
(12) benefits derived from regulation;
(13) indirect benefits derived from assistance to educational
institutions;
(14) funds from bonds allocated under chapter 474A, bonds
issued to refund outstanding bonds, and bonds issued for the benefit of an
organization described in section 501(c)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1999;
(15)
assistance for a collaboration between a Minnesota higher education institution
and a business;
(16) assistance for a tax increment financing soils condition
district as defined under section 469.174, subdivision 19;
(17) redevelopment when the recipient's investment in the
purchase of the site and in site preparation is 70 percent or more of the
assessor's current year's estimated market value;
(18) general changes in tax increment financing law and other
general tax law changes of a principally technical nature;
(19) federal assistance until the assistance has been repaid
to, and reinvested by, the state or local government agency;
(20) funds from dock and wharf bonds issued by a seaway port
authority;
(21) business loans and loan guarantees of $75,000 or less; and
(22) federal loan funds provided through the United States
Department of Commerce, Economic Development Administration; and
(23) property tax abatements granted under section 469.1813
to property that is subject to valuation under Minnesota Rules, chapter 8100.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 126C.17, subdivision 9, is amended to read:
Subd. 9. Referendum revenue. (a) The revenue authorized by section
126C.10, subdivision 1, may be increased in the amount approved by the voters
of the district at a referendum called for the purpose. The referendum may be called by the board or
shall be called by the board upon written petition of qualified voters of the
district. The referendum must be
conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only
one election to approve an increase may be held in a calendar year. Unless the referendum is conducted by mail
under paragraph (g), the referendum must be held on the first Tuesday after the
first Monday in November. The ballot must
state the maximum amount of the increased revenue per resident marginal cost
pupil unit. The ballot may state a
schedule, determined by the board, of increased revenue per resident marginal
cost pupil unit that differs from year to year over the number of years for
which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation.
For this purpose, the rate of inflation shall be the annual inflationary
increase calculated under subdivision 2, paragraph (b). The ballot may state that existing referendum
levy authority is expiring. In this
case, the ballot may also compare the proposed levy authority to the existing
expiring levy authority, and express the proposed increase as the amount, if
any, over the expiring referendum levy authority. The ballot must designate the specific number
of years, not to exceed ten, for which the referendum authorization
applies. The ballot, including a ballot
on the question to revoke or reduce the increased revenue amount under
paragraph (c), must abbreviate the term "per resident marginal cost pupil
unit" as "per pupil." The notice required under section 275.60
may be modified to read, in cases of renewing existing levies:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU
MAY BE VOTING FOR A PROPERTY TAX INCREASE."
The
ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition
to) the board of ........., School District No. .., be approved?"
If approved, an amount equal to the approved revenue per
resident marginal cost pupil unit times the resident marginal cost pupil units
for the school year beginning in the year after the levy is certified shall be
authorized for certification for the number of years approved, if applicable,
or until revoked or reduced by the voters of the district at a subsequent
referendum.
(b) The board must prepare and deliver by first class mail at
least 15 days but no more than 30 days before the day of the referendum to each
taxpayer a notice of the referendum and the proposed revenue increase. The board need not mail more than one notice
to any taxpayer. For the purpose of
giving mailed notice under this subdivision, owners must be those shown to be
owners on the records of the county auditor or, in any county where tax
statements are mailed by the county treasurer, on the records of the county
treasurer. Every property owner whose
name does not appear on the records of the county auditor or the county
treasurer is deemed to have waived this mailed notice unless the owner has
requested in writing that the county auditor or county treasurer, as the case
may be, include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads,
agricultural homesteads, apartments, and commercial-industrial property within
the school district.
The notice for a referendum may state that an existing
referendum levy is expiring and project the anticipated amount of increase over
the existing referendum levy in the first year, if any, in annual dollars for
typical residential homesteads, agricultural homesteads, apartments, and commercial-industrial
property within the district.
The notice must include the following statement: "Passage
of this referendum will result in an increase in your property taxes."
However, in cases of renewing existing levies, the notice may include the following
statement: "Passage of this referendum may result in an increase in your
property taxes."
(c) A referendum on the question of revoking or reducing the
increased revenue amount authorized pursuant to paragraph (a) may be called by
the board and shall be called by the board upon the written petition of
qualified voters of the district. A
referendum to revoke or reduce the revenue amount must state the amount per
resident marginal cost pupil unit by which the authority is to be reduced. Revenue authority approved by the voters of
the district pursuant to paragraph (a) must be available to the school district
at least once before it is subject to a referendum on its revocation or
reduction for subsequent years. Only one
revocation or reduction referendum may be held to revoke or reduce referendum
revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective
if signed by a number of qualified voters in excess of 15 percent of the
registered voters of the district on the day the petition is filed with the
board. A referendum invoked by petition
must be held on the date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the
question is required to pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the
district must submit a copy of the notice required under paragraph (b) to the
commissioner and to the county auditor of each county in which the district is
located. Within 15 days after the
results of the referendum have been certified by the board, or in the case of a
recount, the certification of the results of the recount by the canvassing
board, the district must notify the commissioner of the results of the
referendum.
EFFECTIVE
DATE. This section is
effective for referenda conducted on or after July 1, 2006.
Sec.
3. Minnesota Statutes 2004, section
144F.01, subdivision 4, is amended to read:
Subd. 4. Property tax levy authority. The district's board may levy a tax on the
taxable real and personal property in the district. The ad valorem tax levy may not exceed 0.048
percent of the taxable market value of the district or $250,000
$400,000, whichever is less. The
proceeds of the levy must be used as provided in subdivision 5. The board shall certify the levy at the times
as provided under section 275.07. The
board shall provide the county with whatever information is necessary to
identify the property that is located within the district. If the boundaries include a part of a parcel,
the entire parcel shall be included in the district. The county auditors must spread, collect, and
distribute the proceeds of the tax at the same time and in the same manner as
provided by law for all other property taxes.
Sec. 4. Minnesota
Statutes 2004, section 216B.2424, subdivision 5, is amended to read:
Subd. 5. Mandate. (a) A public utility, as defined in section
216B.02, subdivision 4, that operates a nuclear-powered electric generating
plant within this state must construct and operate, purchase, or contract to
construct and operate (1) by December 31, 1998, 50 megawatts of electric energy
installed capacity generated by farm-grown closed-loop biomass scheduled to be
operational by December 31, 2001; and (2) by December 31, 1998, an additional
75 megawatts of installed capacity so generated scheduled to be operational by
December 31, 2002.
(b) Of the 125 megawatts of biomass electricity installed
capacity required under this subdivision, no more than 55 megawatts of this
capacity may be provided by a facility that uses poultry litter as its primary
fuel source and any such facility:
(1) need not use biomass that complies with the definition in
subdivision 1;
(2) must enter into a contract with the public utility for
such capacity, that has an average purchase price per megawatt hour over the
life of the contract that is equal to or less than the average purchase price
per megawatt hour over the life of the contract in contracts approved by the
Public Utilities Commission before April 1, 2000, to satisfy the mandate of
this section, and file that contract with the Public Utilities Commission prior
to September 1, 2000; and
(3) must schedule such capacity to be operational by December
31, 2002.
(c) Of the total 125 megawatts of biomass electric energy
installed capacity required under this section, no more than 75 megawatts may
be provided by a single project.
(d) Of the 75 megawatts of biomass electric energy installed
capacity required under paragraph (a), clause (2), no more than 33 megawatts of
this capacity may be provided by a St. Paul district heating and cooling system
cogeneration facility utilizing waste wood as a primary fuel source. The St. Paul district heating and cooling
system cogeneration facility need not use biomass that complies with the
definition in subdivision 1.
(e) The public utility must accept and consider on an equal
basis with other biomass proposals:
(1) a proposal to satisfy the requirements of this section
that includes a project that exceeds the megawatt capacity requirements of
either paragraph (a), clause (1) or (2), and that proposes to sell the excess
capacity to the public utility or to other purchasers; and
(2) a proposal for a new facility to satisfy more than ten but
not more than 20 megawatts of the electrical generation requirements by a small
business-sponsored independent power producer facility to be located within the
northern quarter of the state, which means the area located north of
Constitutional Route No. 8 as described in section 161.114, subdivision 2, and
that utilizes biomass residue wood, sawdust, bark, chipped wood, or brush to
generate electricity. A facility
described in this clause is not required to utilize biomass complying with the
definition in subdivision 1, but must be under construction by December 31,
2005.
(f)
If a public utility files a contract with the commission for electric energy
installed capacity that uses poultry litter as its primary fuel source, the
commission must do a preliminary review of the contract to determine if it
meets the purchase price criteria provided in paragraph (b), clause (2), of
this subdivision. The commission shall
perform its review and advise the parties of its determination within 30 days
of filing of such a contract by a public utility. A public utility may submit by September 1,
2000, a revised contract to address the commission's preliminary determination.
(g) The commission shall finally approve, modify, or
disapprove no later than July 1, 2001, all contracts submitted by a public
utility as of September 1, 2000, to meet the mandate set forth in this
subdivision.
(h) If a public utility subject to this section exercises an
option to increase the generating capacity of a project in a contract approved
by the commission prior to April 25, 2000, to satisfy the mandate in this
subdivision, the public utility must notify the commission by September 1,
2000, that it has exercised the option and include in the notice the amount of
additional megawatts to be generated under the option exercised. Any review by the commission of the project
after exercise of such an option shall be based on the same criteria used to
review the existing contract.
(i) A facility specified in this subdivision qualifies for
exemption from property taxation under section 272.02, subdivision 43
45.
EFFECTIVE
DATE. This section is
effective for property taxes levied in 2006, payable in 2007, and thereafter.
Sec. 5. Minnesota
Statutes 2004, section 272.02, subdivision 45, is amended to read:
Subd. 45. Biomass electrical generation facility;
personal property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of an electrical generating facility that meets the requirements of this
subdivision is exempt. At the time of
construction, the facility must:
(1) be designed to utilize biomass as established in section
216B.2424 as a primary fuel source; and
(2) be constructed for the purpose of generating power at the
facility that will be sold pursuant to a contract approved by the Public
Utilities Commission in accordance with the biomass mandate imposed under
section 216B.2424.
Construction of the facility must be commenced after January
1, 2000, and before December 31, 2002 2005. Property eligible for this exemption does not
include electric transmission lines and interconnections or gas pipelines and
interconnections appurtenant to the property or facility.
EFFECTIVE
DATE. This section is
effective for taxes levied in 2006, payable in 2007, and thereafter.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 272.02, subdivision 53, is amended to read:
Subd. 53. Electric generation facility; personal
property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of a 3.2 megawatt run-of-the-river hydroelectric generation facility
and that meets the requirements of this subdivision is exempt. At the time of construction, the facility must:
(1) utilize two turbine generators at a dam site existing on
March 31, 1994;
(2) be located on land within 1,500 feet of a 13.8 kilovolt
distribution substation; and
(3) be eligible to receive a renewable energy production
incentive payment under section 216C.41.
Construction
of the facility must be commenced after December 31, 2004, and before
January 1, 2007 2009.
Property eligible for this exemption does not include electric
transmission lines and interconnections or gas pipelines and interconnections
appurtenant to the property or the facility.
EFFECTIVE
DATE. This section is
effective for taxes levied in 2006, payable in 2007, and thereafter.
Sec. 7. Minnesota
Statutes 2004, section 272.02, subdivision 54, is amended to read:
Subd. 54. Small biomass electric generation facility;
personal property. (a) Subject to
paragraph (b), notwithstanding subdivision 9, clause (a), attached
machinery and other personal property which is part of an electrical generating
facility that meets the requirements of this subdivision is exempt. At the time of construction the facility
must:
(1) have a generation capacity of less than 25 megawatts;
(2) provide process heating needs in addition to electrical
generation; and
(3) utilize agricultural by-products from the malting process
and other biomass fuels as its primary fuel source.
Construction of the facility must be commenced after January
1, 2002, and before January 1, 2006 January 1, 2008. Property eligible for this exemption does not
include electric transmission lines and interconnections or gas pipelines and
interconnections appurtenant to the property or facility.
(b) The exemption under this subdivision is contingent on
approval by the governing bodies of the municipality and county in which the
electric generation facility is located.
EFFECTIVE
DATE. This section is
effective for taxes levied in 2008, payable in 2009, and thereafter.
Sec. 8. Minnesota
Statutes 2004, section 272.02, subdivision 55, is amended to read:
Subd. 55. Electric generation facility; personal
property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of an electric generating facility that meets the requirements of this
subdivision is exempt. At the time of
construction, the facility must be sited on an energy park that (i) is
located on an active mining site, or on a former mining or industrial site
where mining or industrial operations have terminated be designated as
an innovative energy project as defined in section 216B.1694, (ii) is
be within a tax relief area as defined in section 273.134, (iii) has
on-site have access to existing railroad infrastructure within
less than three miles, (iv) has direct rail access to a Great Lakes
port, (v) has sufficient private water resources on site, and (vi) is have
received by resolution approval from the governing body of the county and
township or city in which the proposed facility is to be located for the
exemption of personal property under this subdivision, and (v) be designed
to host at least 500 megawatts of electrical generation.
Construction of the first 250 500 megawatts of
the facility must be commenced after January 1, 2002 2006, and
before January 1, 2005 2010.
Construction of up to an additional 750 megawatts of generation must be
commenced before January 1, 2010 2015. Property eligible for this exemption does not
include electric transmission lines and interconnections or gas pipelines and
interconnections appurtenant to the property or the facility. To qualify for an exemption under this
subdivision, the owner of the electric generation facility must have an
agreement with the host county, township or city, and school district, for
payment in lieu of personal property taxes to the host county, township or
city, and school district.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
9. Minnesota Statutes 2004, section
272.02, is amended by adding a subdivision to read:
Subd. 84. Electric generation facility; personal
property. Notwithstanding
subdivision 9, clause (a), attached machinery and other personal property which
is part of a 10.3 megawatt run-of-the-river hydroelectric generation facility
and that meets the requirements of this subdivision is exempt. At the time of construction, the facility
must:
(1) utilize between 12 and 16 turbine generators at a dam
site existing on March 31, 1994;
(2) be located on land within 3,000 feet of a 13.8 kilovolt
distribution substation; and
(3) be eligible to receive a renewable energy production
incentive payment under section 216C.41.
Construction of the facility must be commenced after April
30, 2006, and before January 1, 2009.
Property eligible for this exemption does not include electric
transmission lines and interconnections or gas pipelines and interconnections
appurtenant to the property or the facility.
EFFECTIVE
DATE. This section is
effective for property taxes levied in 2006, payable in 2007, and thereafter.
Sec. 10. Minnesota
Statutes 2004, section 272.029, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) For the purposes of this section, the
term:
(1) "wind energy conversion system" has the meaning
given it in section 216C.06, subdivision 19, and also includes a
substation that is used and owned by one or more wind energy conversion
facilities;
(2) "large scale wind energy conversion system"
means a wind energy conversion system of more than 12 megawatts, as measured by
the nameplate capacity of the system or as combined with other systems as
provided in paragraph (b);
(3) "medium scale wind energy conversion system"
means a wind energy conversion system of over two and not more than 12
megawatts, as measured by the nameplate capacity of the system or as combined
with other systems as provided in paragraph (b); and
(4) "small scale wind energy conversion system"
means a wind energy conversion system of two megawatts and under, as measured
by the nameplate capacity of the system or as combined with other systems as
provided in paragraph (b).
(b) For systems installed and contracted for after January 1,
2002, the total size of a wind energy conversion system under this subdivision
shall be determined according to this paragraph. Unless the systems are interconnected with
different distribution systems, the nameplate capacity of one wind energy
conversion system shall be combined with the nameplate capacity of any other
wind energy conversion system that is:
(1) located within five miles of the wind energy conversion
system;
(2) constructed within the same calendar year as the wind
energy conversion system; and
(3) under common ownership.
In the case of a dispute, the commissioner of commerce shall
determine the total size of the system, and shall draw all reasonable
inferences in favor of combining the systems.
(c)
In making a determination under paragraph (b), the commissioner of commerce may
determine that two wind energy conversion systems are under common ownership
when the underlying ownership structure contains similar persons or entities,
even if the ownership shares differ between the two systems. Wind energy conversion systems are not under
common ownership solely because the same person or entity provided equity
financing for the systems.
EFFECTIVE
DATE. This section is
effective for taxes levied in 2006, payable in 2007, and thereafter.
Sec. 11. Minnesota
Statutes 2004, section 273.11, is amended by adding a subdivision to read:
Subd. 23. First tier valuation limit; agricultural
homestead property. (a)
Beginning with assessment year 2006, the commissioner of revenue shall annually
certify the first tier limit for agricultural homestead property as the product
of (i) $600,000, and (ii) the ratio of the statewide average taxable market
value of agricultural property per acre of deeded farm land in the preceding
assessment year to the statewide average taxable market value of agricultural
property per acre of deeded farm land for assessment year 2004. The limit shall be rounded to the nearest
$10,000.
(b) For the purposes of this subdivision, "agricultural
property" means all class 2 property under section 273.13, subdivision 23,
except for (1) timberland, (2) a landing area or public access area of a
privately owned public use airport, and (3) property consisting of the house,
garage and immediately surrounding one acre of land of an agricultural
homestead.
(c) The commissioner shall certify the limit by January 2 of
each assessment year, except that for assessment year 2006 the commissioner
shall certify the limit by June 1, 2006.
EFFECTIVE
DATE. This section is effective
for assessment year 2006 and thereafter.
Sec. 12. Minnesota
Statutes 2004, section 273.124, subdivision 12, is amended to read:
Subd. 12. Homestead of member of United States armed
forces; Peace Corps; VISTA. (a) Real
estate actually occupied and used for the purpose of a homestead by a person,
or by a member of that person's immediate family shall be classified as a
homestead even though the person or family is absent if (1) the person or the
person's family is absent solely because the person is on active duty with the
armed forces of the United States, or is serving as a volunteer under the VISTA
or Peace Corps program; (2) the owner intends to return as soon as discharged
or relieved from service; and (3) the owner claims it as a homestead. A person who knowingly makes or submits to an
assessor an affidavit or other statement that is false in any material matter
to obtain or aid another in obtaining a benefit under this subdivision is
guilty of a felony.
(b) In the case of a person who is absent solely because the
person is on active duty with the United States armed forces, homestead
classification must be granted as provided in this paragraph if the
requirements of paragraph (a), clauses (1) to (3), are met, even if the
property has not been occupied as a homestead by the person or a member of the
person's family. To qualify for this
classification, the person who acquires the property must notify the assessor
of the acquisition and of the person's absence due to military service. When the person returns from military service
and occupies the property as a homestead, the person shall notify the assessor,
who will provide for abatement of the difference between the nonhomestead and
homestead taxes for the current and two preceding years, not to exceed the time
during which the person owned the property.
EFFECTIVE
DATE. This section is
effective for assessments in 2006, taxes payable in 2007, and thereafter.
Sec.
13. Minnesota Statutes 2004, section
273.13, subdivision 23, is amended to read:
Subd. 23. Class 2. (a) Class 2a property is agricultural land
including any improvements that is homesteaded.
The market value of the house and garage and immediately surrounding one
acre of land has the same class rates as class 1a property under subdivision
22. The value of the remaining land
including improvements up to and including $600,000 market value the
first tier valuation limit of agricultural homestead property has a net
class rate of 0.55 percent of market value.
The remaining property over $600,000 market value the first
tier has a class rate of one percent of market value. For purposes of this subdivision, the
"first tier valuation limit of agricultural homestead property" and
"first tier" means the limit certified under section 273.11,
subdivision 23.
(b) Class 2b property is (1) real estate, rural in character
and used exclusively for growing trees for timber, lumber, and wood and wood
products; (2) real estate that is not improved with a structure and is used
exclusively for growing trees for timber, lumber, and wood and wood products,
if the owner has participated or is participating in a cost-sharing program for
afforestation, reforestation, or timber stand improvement on that particular
property, administered or coordinated by the commissioner of natural resources;
(3) real estate that is nonhomestead agricultural land; or (4) a landing area
or public access area of a privately owned public use airport. Class 2b property has a net class rate of one
percent of market value.
(c) Agricultural land as used in this section means
contiguous acreage of ten acres or more, used during the preceding year for
agricultural purposes. "Agricultural purposes" as used in this
section means the raising or cultivation of agricultural products. "Agricultural
purposes" also includes enrollment in the Reinvest in Minnesota program
under sections 103F.501 to 103F.535 or the federal Conservation Reserve Program
as contained in Public Law 99-198 if the property was classified as agricultural
(i) under this subdivision for the assessment year 2002 or (ii) in the year
prior to its enrollment. Contiguous
acreage on the same parcel, or contiguous acreage on an immediately adjacent
parcel under the same ownership, may also qualify as agricultural land, but
only if it is pasture, timber, waste, unusable wild land, or land included in
state or federal farm programs.
Agricultural classification for property shall be determined excluding
the house, garage, and immediately surrounding one acre of land, and shall not
be based upon the market value of any residential structures on the parcel or
contiguous parcels under the same ownership.
(d) Real estate, excluding the house, garage, and immediately
surrounding one acre of land, of less than ten acres which is exclusively and
intensively used for raising or cultivating agricultural products, shall be
considered as agricultural land.
Land shall be classified as agricultural even if all or a
portion of the agricultural use of that property is the leasing to, or use by
another person for agricultural purposes.
Classification under this subdivision is not determinative
for qualifying under section 273.111.
The property classification under this section supersedes,
for property tax purposes only, any locally administered agricultural policies
or land use restrictions that define minimum or maximum farm acreage.
(e) The term "agricultural products" as used in
this subdivision includes production for sale of:
(1) livestock, dairy animals, dairy products, poultry and
poultry products, fur-bearing animals, horticultural and nursery stock, fruit
of all kinds, vegetables, forage, grains, bees, and apiary products by the
owner;
(2) fish bred for sale and consumption if the fish breeding
occurs on land zoned for agricultural use;
(3) the commercial boarding of horses if the boarding is done
in conjunction with raising or cultivating agricultural products as defined in
clause (1);
(4)
property which is owned and operated by nonprofit organizations used for
equestrian activities, excluding racing;
(5) game birds and waterfowl bred and raised for use on a
shooting preserve licensed under section 97A.115;
(6) insects primarily bred to be used as food for animals;
(7) trees, grown for sale as a crop, and not sold for timber,
lumber, wood, or wood products; and
(8) maple syrup taken from trees grown by a person licensed
by the Minnesota Department of Agriculture under chapter 28A as a food
processor.
(f) If a parcel used for agricultural purposes is also used
for commercial or industrial purposes, including but not limited to:
(1) wholesale and retail sales;
(2) processing of raw agricultural products or other goods;
(3) warehousing or storage of processed goods; and
(4) office facilities for the support of the activities
enumerated in clauses (1), (2), and (3),
the
assessor shall classify the part of the parcel used for agricultural purposes
as class 1b, 2a, or 2b, whichever is appropriate, and the remainder in the
class appropriate to its use. The
grading, sorting, and packaging of raw agricultural products for first sale is
considered an agricultural purpose. A
greenhouse or other building where horticultural or nursery products are grown
that is also used for the conduct of retail sales must be classified as agricultural
if it is primarily used for the growing of horticultural or nursery products
from seed, cuttings, or roots and occasionally as a showroom for the retail
sale of those products. Use of a
greenhouse or building only for the display of already grown horticultural or
nursery products does not qualify as an agricultural purpose.
The assessor shall determine and list separately on the
records the market value of the homestead dwelling and the one acre of land on
which that dwelling is located. If any
farm buildings or structures are located on this homesteaded acre of land,
their market value shall not be included in this separate determination.
(g) To qualify for classification under paragraph (b), clause
(4), a privately owned public use airport must be licensed as a public airport
under section 360.018. For purposes of
paragraph (b), clause (4), "landing area" means that part of a
privately owned public use airport properly cleared, regularly maintained, and
made available to the public for use by aircraft and includes runways,
taxiways, aprons, and sites upon which are situated landing or navigational
aids. A landing area also includes land
underlying both the primary surface and the approach surfaces that comply with
all of the following:
(i) the land is properly cleared and regularly maintained for
the primary purposes of the landing, taking off, and taxiing of aircraft; but
that portion of the land that contains facilities for servicing, repair, or
maintenance of aircraft is not included as a landing area;
(ii) the land is part of the airport property; and
(iii) the land is not used for commercial or residential
purposes.
The
land contained in a landing area under paragraph (b), clause (4), must be
described and certified by the commissioner of transportation. The certification is effective until it is
modified, or until the airport or landing area no longer meets the requirements
of paragraph (b), clause (4). For purposes
of paragraph (b), clause (4), "public access area" means property
used as an aircraft parking ramp, apron, or storage hangar, or an arrival and
departure building in connection with the airport.
EFFECTIVE
DATE. This section is
effective for taxes levied in 2006, payable in 2007, and thereafter.
Sec. 14. Minnesota
Statutes 2004, section 469.1813, subdivision 1, is amended to read:
Subdivision 1. Authority. The governing body of a political subdivision
may grant an a current or prospective abatement, by contract
or otherwise, of the taxes imposed by the political subdivision on a parcel
of property, which may include personal property and machinery, or defer
the payments of the taxes and abate the interest and penalty that otherwise
would apply, if:
(a) (1) it expects the benefits to the political
subdivision of the proposed abatement agreement to at least equal the costs to
the political subdivision of the proposed agreement or intends the abatement to
phase in a property tax increase, as provided in clause (b)(7); and
(b) (2) it finds that doing so is in the public
interest because it will:
(1) (i) increase or preserve tax base;
(2) (ii) provide employment opportunities in the
political subdivision;
(3) (iii) provide or help acquire or construct
public facilities;
(4) (iv) help redevelop or renew blighted areas;
(5) (v) help provide access to services for
residents of the political subdivision;
(6) (vi) finance or provide public infrastructure;
or
(7) (vii) phase in a property tax increase on the
parcel resulting from an increase of 50 percent or more in one year on the
estimated market value of the parcel, other than increase attributable to
improvement of the parcel; or
(viii) stabilize the tax base through equalization of
property tax revenues for a specified period of time with respect to a taxpayer
whose real and personal property is subject to valuation under Minnesota Rules,
chapter 8100.
Sec. 15. Minnesota
Statutes 2005 Supplement, section 469.1813, subdivision 6, is amended to read:
Subd. 6. Duration limit. (a) A political subdivision may grant an
abatement for a period no longer than 15 years, except as provided under
paragraph (b). The abatement period
commences in the first year in which the abatement granted is either paid or
retained in accordance with section 469.1815, subdivision 2. The subdivision may specify in the
abatement resolution a shorter duration.
If the resolution does not specify a period of time, the abatement is
for eight years. If an abatement has
been granted to a parcel of property and the period of the abatement has
expired, the political subdivision that granted the abatement may not grant
another abatement for eight years after the expiration of the first
abatement. This prohibition does not
apply to improvements added after and not subject to the first abatement. Economic abatement agreements for real and
personal property subject to valuation under Minnesota Rules, chapter 8100, are
not subject to this prohibition and may be granted successively.
(b)
A political subdivision proposing to abate taxes for a parcel may request, in
writing, that the other political subdivisions in which the parcel is located
grant an abatement for the property. If
one of the other political subdivisions declines, in writing, to grant an
abatement or if 90 days pass after receipt of the request to grant an abatement
without a written response from one of the political subdivisions, the duration
limit for an abatement for the parcel by the requesting political subdivision
and any other participating political subdivision is increased to 20 years. If the political subdivision which declined to
grant an abatement later grants an abatement for the parcel, the 20-year
duration limit is reduced by one year for each year that the declining
political subdivision grants an abatement for the parcel during the period of
the abatement granted by the requesting political subdivision. The duration limit may not be reduced below
the limit under paragraph (a).
Sec. 16. Minnesota
Statutes 2004, section 469.1813, subdivision 6b, is amended to read:
Subd. 6b. Extended duration limit. (a) Notwithstanding the provisions of
subdivision 6, a political subdivision may grant an abatement for a period of
up to 20 years, if the abatement is for a qualified business.
(b) To be a qualified business for purposes of this subdivision,
at least 50 percent of the payroll of the operations of the business that
qualify for the abatement must be for employees engaged in one of the following
lines of business or any combination of them:
(1) manufacturing;
(2) agricultural processing;
(3) mining;
(4) research and development;
(5) warehousing; or
(6) qualified high technology.
Alternatively, a qualified business also includes a taxpayer
whose real and personal property is subject to valuation under Minnesota Rules,
chapter 8100.
(c)(1) "Manufacturing" means the material staging
and production of tangible personal property by procedures commonly regarded as
manufacturing, processing, fabrication, or assembling which changes some
existing material into new shapes, new qualities, or new combinations.
(2) "Mining" has the meaning given in section
613(c) of the Internal Revenue Code of 1986.
(3) "Agricultural processing" means transforming,
packaging, sorting, or grading livestock or livestock products, agricultural
commodities, or plants or plant products into goods that are used for
intermediate or final consumption including goods for nonfood use.
(4) "Research and development" means qualified
research as defined in section 41(d) of the Internal Revenue Code of 1986.
(5) "Qualified high technology" means one or more
of the following activities:
(i) advanced computing, which is any technology used in the
design and development of any of the following:
(A)
computer hardware and software;
(B) data communications; and
(C) information technologies;
(ii) advanced materials, which are materials with engineered
properties created through the development of specialized process and synthesis
technology;
(iii) biotechnology, which is any technology that uses living
organisms, cells, macromolecules, microorganisms, or substances from living
organisms to make or modify a product, improve plants or animals, or develop
microorganisms for useful purposes;
(iv) electronic device technology, which is any technology
that involves microelectronics, semiconductors, electronic equipment, and
instrumentation, radio frequency, microwave, and millimeter electronics, and
optical and optic-electrical devices, or data and digital communications and
imaging devices;
(v) engineering or laboratory testing related to the
development of a product;
(vi) technology that assists in the assessment or prevention
of threats or damage to human health or the environment, including, but not
limited to, environmental cleanup technology, pollution prevention technology,
or development of alternative energy sources;
(vii) medical device technology, which is any technology that
involves medical equipment or products other than a pharmaceutical product that
has therapeutic or diagnostic value and is regulated; or
(viii) advanced vehicles technology which is any technology
that involves electric vehicles, hybrid vehicles, or alternative fuel vehicles,
or components used in the construction of electric vehicles, hybrid vehicles,
or alternative fuel vehicles. An
electric vehicle is a road vehicle that draws propulsion energy only from an
on-board source of electrical energy. A
hybrid vehicle is a road vehicle that can draw propulsion energy from both a
consumable fuel and a rechargeable energy storage system.
(d) The authority to grant new abatements under this
subdivision expires on July 1, 2004, except that the authority to grant new
abatements for real and personal property subject to valuation under Minnesota
Rules, chapter 8100, does not expire.
Sec. 17. Minnesota
Statutes 2004, section 469.1813, subdivision 8, is amended to read:
Subd. 8. Limitation on abatements. In any year, the total amount of property
taxes abated by a political subdivision under this section may not exceed (1)
ten percent of the current levy, or (2) $200,000, whichever is greater. The limit under this subdivision does not
apply to:
(1) an uncollected abatement from a prior year that is
added to the abatement levy; or
(2) a taxpayer whose real and personal property is subject to
valuation under Minnesota Rules, chapter 8100.
Sec. 18. Minnesota
Statutes 2004, section 469.1813, subdivision 9, is amended to read:
Subd. 9. Consent of property owner not required. A political subdivision may abate the taxes
on a parcel under sections 469.1812 to 469.1815 without obtaining the consent
of the property owner. This
subdivision does not apply to abatements granted to a taxpayer whose real and
personal property is valued under Minnesota Rules, chapter 8100.
Sec.
19. Minnesota Statutes 2004, section
469.1813, is amended by adding a subdivision to read:
Subd. 10. Applicability to utility properties. When this statute is applied or utilized
with respect to a taxpayer whose real and personal property is subject to
valuation under Minnesota Rules, chapter 8100, the provisions of this section
and sections 469.1814 and 469.1815 shall apply only to property specified or
described in the abatement contract or agreement.
Sec. 20. Laws 2001,
First Special Session chapter 5, article 3, section 8, the effective date, as
amended by Laws 2005, chapter 151, article 3, section 19, is amended to read:
[EFFECTIVE DATE.] This section is effective for taxes levied
in 2002, payable in 2003, through taxes levied in 2009 2011,
payable in 2010 2012.
Sec. 21. PROPERTY TAX REFUND COLLECTION ACTION
PROHIBITED; REFUNDS REQUIRED.
Notwithstanding Minnesota Statutes, section 289A.60,
subdivision 12, or any other law to the contrary, the commissioner of revenue
shall not disallow any part of a claim for a property tax refund filed in 2005
or an earlier year to the extent that the claim was excessive because it did
not include in the claimant's income as determined under Minnesota Statutes,
section 290A.03, subdivision 3, the cash value of a tuition discount provided by
a postsecondary education institution.
If a claimant was required to repay any part of a property tax refund
based on inclusion of this discount in the claimant's income on a claim filed
in 2005 or an earlier year, the commissioner must refund that amount to the
claimant.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. BUFFALO-RED RIVER WATERSHED DISTRICT.
(a) Notwithstanding the limitations of Minnesota Statutes,
section 103D.905, subdivision 3, and Laws 1976, chapter 162, as amended, the
Buffalo-Red River watershed district may levy only (1) the annual general levy
as provided in Minnesota Statutes, section 103D.905, subdivision 3, and (2) a
tax not to exceed 0.02394 percent of taxable market value to pay the cost
attributable to the basic water management features of projects initiated by
petition of a political subdivision within the watershed district or by
petition of at least 50 resident owners of property within the watershed
district. In addition to any other
purposes authorized by law, the levy under this section may be used to develop
and implement total maximum daily loads for water quality. Any project initiated by petition cannot be
for a period exceeding 15 consecutive years.
(b) The tax levy under paragraph (a), clause (2), is
effective beginning with taxes levied in 2006, payable in 2007, through taxes
levied in 2008, payable in 2009, except that any project initiated by petition
under this section within the two-year time period that extends beyond taxes
payable in 2009, the 0.00798 percent of taxable market value levy authorization
under Minnesota Statutes, section 103D.905, subdivision 3, shall continue to
fund those projects for their duration.
The tax levy under paragraph (a), clause (i), has no expiration date.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. COOK-ORR HOSPITAL DISTRICT; ADDITION OF
TERRITORY.
The board of the hospital district created under Laws 1988,
chapter 645, may enter into an agreement with the Tribal Council of the Bois
Forte Band of Minnesota Chippewa that would permit the reservation lands of the
Bois Forte Band at Nett Lake and Lake Vermilion to be included in the territory
of the hospital district. The agreement
must establish the terms and conditions under which the territory would be so
expanded, including the amount of or means for determining the amount of the
contribution by the Bois Forte Band to the district.
Sec.
24. PROPERTY
TAX CERTIFICATION; ROCHESTER SCHOOL DISTRICT.
Notwithstanding Minnesota Statutes, sections 126C.48 and
275.065, with the agreement of the school district's home county, Independent
School District No. 535, Rochester, on or before October 8, shall certify to
the county auditor the district's proposed property tax levy for taxes payable
in the following year.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2007 only.
Sec. 25. LEASE LEVY; ADMINISTRATIVE SPACE, ROCORI
AND FARIBAULT.
Independent School Districts Nos. 656, Faribault, and 750,
Rocori, may lease administrative space under Minnesota Statutes, section
126C.40, subdivision 1, if the district can demonstrate to the satisfaction of
the commissioner of education that the administrative space is less expensive
than instructional space that the district would otherwise lease. A school district may not levy under this
section for more than five years. The
commissioner must deny this levy authority unless the district passes a
resolution stating its intent to lease instructional space under Minnesota
Statutes, section 126C.40, subdivision 1, if the commissioner does not grant
authority under this section. The
resolution must also certify that a lease of administrative space under this
section is less expensive than the district's proposed instructional
lease. Levy authority under this section
shall not exceed the total levy authority under Minnesota Statutes, section
126C.40, subdivision 1, paragraph (e).
EFFECTIVE
DATE. This section is
effective beginning with revenue for taxes payable in 2007.
ARTICLE 5
DEPARTMENT OF REVENUE PROPERTY TAXES AND AIDS
Section 1. Minnesota
Statutes 2005 Supplement, section 273.13, subdivision 22, is amended to read:
Subd. 22. Class 1. (a) Except as provided in subdivision 23 and
in paragraphs (b) and (c), real estate which is residential and used for
homestead purposes is class 1a. In the
case of a duplex or triplex in which one of the units is used for homestead
purposes, the entire property is deemed to be used for homestead purposes. The market value of class 1a property must be
determined based upon the value of the house, garage, and land.
The first $500,000 of market value of class 1a property has a
net class rate of one percent of its market value; and the market value of
class 1a property that exceeds $500,000 has a class rate of 1.25 percent of its
market value.
(b) Class 1b property includes homestead real estate or
homestead manufactured homes used for the purposes of a homestead by
(1) any person who is blind as defined in section 256D.35, or
the blind person and the blind person's spouse; or
(2) any person, hereinafter referred to as
"veteran," who:
(i) served in the active military or naval service of the
United States; and
(ii) is entitled to compensation under the laws and
regulations of the United States for permanent and total service-connected
disability due to the loss, or loss of use, by reason of amputation, ankylosis,
progressive muscular dystrophies, or paralysis, of both lower extremities, such
as to preclude motion without the aid of braces, crutches, canes, or a
wheelchair; and
(iii)
has acquired a special housing unit with special fixtures or movable facilities
made necessary by the nature of the veteran's disability, or the surviving
spouse of the deceased veteran for as long as the surviving spouse retains the
special housing unit as a homestead; or
(3) any person who is permanently and totally disabled.
Property is classified and assessed under clause (3) only if
the government agency or income-providing source certifies, upon the request of
the homestead occupant, that the homestead occupant satisfies the disability
requirements of this paragraph.
Property is classified and assessed pursuant to clause (1)
only if the commissioner of revenue certifies to the assessor that the
homestead occupant satisfies the requirements of this paragraph.
Permanently and totally disabled for the purpose of this
subdivision means a condition which is permanent in nature and totally
incapacitates the person from working at an occupation which brings the person
an income. The first $32,000 market
value of class 1b property has a net class rate of .45 percent of its market
value. The remaining market value of
class 1b property has a class rate using the rates for class 1a or class 2a
property, whichever is appropriate, of similar market value.
(c) Class 1c property is commercial use real property that
abuts a lakeshore line and is devoted to temporary and seasonal residential
occupancy for recreational purposes but not devoted to commercial purposes for
more than 250 days in the year preceding the year of assessment, and that
includes a portion used as a homestead by the owner, which includes a dwelling
occupied as a homestead by a shareholder of a corporation that owns the resort,
a partner in a partnership that owns the resort, or a member of a limited
liability company that owns the resort even if the title to the homestead is
held by the corporation, partnership, or limited liability company. For purposes of this clause, property is
devoted to a commercial purpose on a specific day if any portion of the
property, excluding the portion used exclusively as a homestead, is used for
residential occupancy and a fee is charged for residential occupancy. The portion of the property used as a
homestead by the owner has the same class rates as is class 1a
property under paragraph (a). The
remainder of the property is classified as follows: the first $500,000 of market value is tier I,
the next $1,700,000 of market value is tier II, and any remaining market value
is tier III. The class rates for class
1c are: tier I, 0.55 percent; tier II, 1.0 percent; and tier III, 1.25
percent. If a class 1c resort property
has any market value in tier III, the entire property must meet the
requirements of subdivision 25, paragraph (d), clause (1), to qualify for class
1c treatment under this paragraph.
(d) Class 1d property includes structures that meet all of
the following criteria:
(1) the structure is located on property that is classified
as agricultural property under section 273.13, subdivision 23;
(2) the structure is occupied exclusively by seasonal farm
workers during the time when they work on that farm, and the occupants are not
charged rent for the privilege of occupying the property, provided that use of
the structure for storage of farm equipment and produce does not disqualify the
property from classification under this paragraph;
(3) the structure meets all applicable health and safety
requirements for the appropriate season; and
(4) the structure is not salable as residential property
because it does not comply with local ordinances relating to location in
relation to streets or roads.
The market value of class 1d property has the same class
rates as class 1a property under paragraph (a).
EFFECTIVE
DATE. This section is
effective for taxes payable in 2006 and thereafter.
Sec.
2. Minnesota Statutes 2005 Supplement,
section 273.13, subdivision 25, is amended to read:
Subd. 25. Class 4. (a) Class 4a is residential real estate
containing four or more units and used or held for use by the owner or by the
tenants or lessees of the owner as a residence for rental periods of 30 days or
more, excluding property qualifying for class 4d. Class 4a also includes hospitals licensed
under sections 144.50 to 144.56, other than hospitals exempt under section
272.02, and contiguous property used for hospital purposes, without regard to
whether the property has been platted or subdivided. The market value of class 4a property has a
class rate of 1.25 percent.
(b) Class 4b includes:
(1) residential real estate containing less than four units
that does not qualify as class 4bb, other than seasonal residential
recreational property;
(2) manufactured homes not classified under any other
provision;
(3) a dwelling, garage, and surrounding one acre of property
on a nonhomestead farm classified under subdivision 23, paragraph (b)
containing two or three units; and
(4) unimproved property that is classified residential as
determined under subdivision 33.
The market value of class 4b property has a class rate of
1.25 percent.
(c) Class 4bb includes:
(1) nonhomestead residential real estate containing one unit,
other than seasonal residential recreational property; and
(2) a single family dwelling, garage, and surrounding one
acre of property on a nonhomestead farm classified under subdivision 23,
paragraph (b).
Class 4bb property has the same class rates as class 1a
property under subdivision 22.
Property that has been classified as seasonal residential
recreational property at any time during which it has been owned by the current
owner or spouse of the current owner does not qualify for class 4bb.
(d) Class 4c property includes:
(1) except as provided in subdivision 22, paragraph (c), real
property devoted to temporary and seasonal residential occupancy for recreation
purposes, including real property devoted to temporary and seasonal residential
occupancy for recreation purposes and not devoted to commercial purposes for
more than 250 days in the year preceding the year of assessment. For purposes of this clause, property is
devoted to a commercial purpose on a specific day if any portion of the
property is used for residential occupancy, and a fee is charged for
residential occupancy. In order for a
property to be classified as class 4c, seasonal residential recreational for
commercial purposes, at least 40 percent of the annual gross lodging receipts
related to the property must be from business conducted during 90 consecutive
days and either (i) at least 60 percent of all paid bookings by lodging guests
during the year must be for periods of at least two consecutive nights; or (ii)
at least 20 percent of the annual gross receipts must be from charges for
rental of fish houses, boats and motors, snowmobiles, downhill or cross-country
ski equipment, or charges for marina services, launch services, and guide
services, or the sale of bait and fishing tackle. For purposes of this determination, a paid
booking of five or more nights shall be counted as two bookings. Class 4c also includes commercial use real
property used exclusively for recreational purposes in conjunction with class
4c property
devoted to temporary and seasonal residential occupancy for recreational
purposes, up to a total of two acres, provided the property is not devoted to
commercial recreational use for more than 250 days in the year preceding the
year of assessment and is located within two miles of the class 4c property
with which it is used. Owners of real
property devoted to temporary and seasonal residential occupancy for recreation
purposes and all or a portion of which was devoted to commercial purposes for
not more than 250 days in the year preceding the year of assessment desiring
classification as class 1c or 4c, must submit a declaration to the assessor
designating the cabins or units occupied for 250 days or less in the year
preceding the year of assessment by January 15 of the assessment year. Those cabins or units and a proportionate
share of the land on which they are located will be designated class 1c or 4c
as otherwise provided. The remainder of
the cabins or units and a proportionate share of the land on which they are
located will be designated as class 3a.
The owner of property desiring designation as class 1c or 4c property
must provide guest registers or other records demonstrating that the units for
which class 1c or 4c designation is sought were not occupied for more than 250
days in the year preceding the assessment if so requested. The portion of a property operated as a (1)
restaurant, (2) bar, (3) gift shop, and (4) other nonresidential facility
operated on a commercial basis not directly related to temporary and seasonal
residential occupancy for recreation purposes shall not qualify for class 1c or
4c;
(2) qualified property used as a golf course if:
(i) it is open to the public on a daily fee basis. It may charge membership fees or dues, but a
membership fee may not be required in order to use the property for golfing,
and its green fees for golfing must be comparable to green fees typically
charged by municipal courses; and
(ii) it meets the requirements of section 273.112,
subdivision 3, paragraph (d).
A structure used as a clubhouse, restaurant, or place of
refreshment in conjunction with the golf course is classified as class 3a
property;
(3) real property up to a maximum of one acre of land owned
by a nonprofit community service oriented organization; provided that the
property is not used for a revenue-producing activity for more than six days in
the calendar year preceding the year of assessment and the property is not used
for residential purposes on either a temporary or permanent basis. For purposes of this clause, a "nonprofit
community service oriented organization" means any corporation, society,
association, foundation, or institution organized and operated exclusively for
charitable, religious, fraternal, civic, or educational purposes, and which is
exempt from federal income taxation pursuant to section 501(c)(3), (10), or
(19) of the Internal Revenue Code of 1986, as amended through December 31,
1990. For purposes of this clause,
"revenue-producing activities" shall include but not be limited to
property or that portion of the property that is used as an on-sale
intoxicating liquor or 3.2 percent malt liquor establishment licensed under
chapter 340A, a restaurant open to the public, bowling alley, a retail store,
gambling conducted by organizations licensed under chapter 349, an insurance
business, or office or other space leased or rented to a lessee who conducts a
for-profit enterprise on the premises.
Any portion of the property which is used for revenue-producing
activities for more than six days in the calendar year preceding the year of
assessment shall be assessed as class 3a.
The use of the property for social events open exclusively to members
and their guests for periods of less than 24 hours, when an admission is not
charged nor any revenues are received by the organization shall not be
considered a revenue-producing activity;
(4) postsecondary student housing of not more than one acre
of land that is owned by a nonprofit corporation organized under chapter 317A
and is used exclusively by a student cooperative, sorority, or fraternity for
on-campus housing or housing located within two miles of the border of a
college campus;
(5) manufactured home parks as defined in section 327.14,
subdivision 3;
(6)
real property that is actively and exclusively devoted to indoor fitness,
health, social, recreational, and related uses, is owned and operated by a
not-for-profit corporation, and is located within the metropolitan area as
defined in section 473.121, subdivision 2;
(7) a leased or privately owned noncommercial aircraft
storage hangar not exempt under section 272.01, subdivision 2, and the land on
which it is located, provided that:
(i) the land is on an airport owned or operated by a city,
town, county, Metropolitan Airports Commission, or group thereof; and
(ii) the land lease, or any ordinance or signed agreement
restricting the use of the leased premise, prohibits commercial activity
performed at the hangar.
If a hangar classified under this clause is sold after June
30, 2000, a bill of sale must be filed by the new owner with the assessor of
the county where the property is located within 60 days of the sale;
(8) a privately owned noncommercial aircraft storage hangar
not exempt under section 272.01, subdivision 2, and the land on which it is
located, provided that:
(i) the land abuts a public airport; and
(ii) the owner of the aircraft storage hangar provides the
assessor with a signed agreement restricting the use of the premises,
prohibiting commercial use or activity performed at the hangar; and
(9) residential real estate, a portion of which is used by
the owner for homestead purposes, and that is also a place of lodging, if all
of the following criteria are met:
(i) rooms are provided for rent to transient guests that
generally stay for periods of 14 or fewer days;
(ii) meals are provided to persons who rent rooms, the cost
of which is incorporated in the basic room rate;
(iii) meals are not provided to the general public except for
special events on fewer than seven days in the calendar year preceding the year
of the assessment; and
(iv) the owner is the operator of the property.
The market
value subject to the 4c classification under this clause is limited to five
rental units. Any rental units on the
property in excess of five, must be valued and assessed as class 3a. The portion of the property used for purposes
of a homestead by the owner must be classified as class 1a property under
subdivision 22.
Class 4c property has a class rate of 1.5 percent of market
value, except that (i) each parcel of seasonal residential recreational property
not used for commercial purposes has the same class rates as class 4bb
property, (ii) manufactured home parks assessed under clause (5) have the same
class rate as class 4b property, (iii) commercial-use seasonal residential
recreational property has a class rate of one percent for the first $500,000 of
market value, which includes any market value receiving the one percent rate
under subdivision 22, and 1.25 percent for the remaining market value, (iv)
the market value of property described in clause (4) has a class rate of one
percent, (v) the market value of property described in clauses (2) and (6) has
a class rate of 1.25 percent, and (vi) that portion of the market value of
property in clause (9) qualifying for class 4c property has a class rate of
1.25 percent.
(e)
Class 4d property is qualifying low-income rental housing certified to the
assessor by the Housing Finance Agency under section 273.128, subdivision
3. If only a portion of the units in the
building qualify as low-income rental housing units as certified under section
273.128, subdivision 3, only the proportion of qualifying units to the total
number of units in the building qualify for class 4d. The remaining portion of the building shall
be classified by the assessor based upon its use. Class 4d also includes the same proportion of
land as the qualifying low-income rental housing units are to the total units
in the building. For all properties
qualifying as class 4d, the market value determined by the assessor must be
based on the normal approach to value using normal unrestricted rents.
Class 4d property has a class rate of 0.75 percent.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2006 and subsequent years.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 273.1384, subdivision 1, is amended to read:
Subdivision 1. Residential homestead market value credit. Each county auditor shall determine a
homestead credit for each class 1a, 1b, 1c, and 2a homestead property
within the county equal to 0.4 percent of the first $76,000 of market value of
the property minus .09 percent of the market value in excess of $76,000. The credit amount may not be less than
zero. In the case of an agricultural or
resort homestead, only the market value of the house, garage, and immediately
surrounding one acre of land is eligible in determining the property's
homestead credit. In the case of a
property which that is classified as part homestead and part
nonhomestead, (i) the credit shall apply only to the homestead portion of the
property, but (ii) if a portion of a property is classified as nonhomestead
solely because not all the owners occupy the property, not all the owners
have qualifying relatives occupying the property, or solely because both
not all the spouses do not of owners occupy the property, the
credit amount shall be initially computed as if that nonhomestead portion were
also in the homestead class and then prorated to the owner-occupant's
percentage of ownership or prorated to one-half if both spouses do not occupy
the property. For the purpose of
this section, when an owner-occupant's spouse does not occupy the property, the
percentage of ownership for the owner-occupant spouse is one-half of the
couple's ownership percentage.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2007 and thereafter.
Sec. 4. Minnesota
Statutes 2004, section 273.1384, subdivision 2, is amended to read:
Subd. 2. Agricultural homestead market value credit. Property classified as class 2a agricultural
homestead is eligible for an agricultural credit. The credit is computed using the
property's agricultural credit market value, defined for this purpose as the
property's class 2a market value excluding the market value of the house,
garage, and immediately surrounding one acre of land. The credit is equal to 0.3 percent of the
first $115,000 of the property's agricultural credit market value. The credit under this subdivision is limited
to $345 for each homestead. The credit
is reduced by minus .05 percent of the property's agricultural
credit market value in excess of $115,000, subject to a maximum reduction
of $115. In the case of property that
is classified in part as class 2a agricultural homestead and in part as class
2b nonhomestead farm land solely because not all the owners occupy or farm the
property, not all the owners have qualifying relatives occupying or farming the
property, or solely because not all the spouses of owners occupy the property,
the credit must be initially computed as if that nonhomestead agricultural land
was also classified as class 2a agricultural homestead and then prorated to the
owner-occupant's percentage of ownership.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2007 and thereafter.
Sec. 5. Minnesota
Statutes 2004, section 273.1398, subdivision 3, is amended to read:
Subd. 3. Disparity reduction aid. which
aid is being computed, to (2) its tax capacity using the class rates for taxes
payable in the year prior to that for which aid is being computed, both based
upon market values for taxes payable in the year prior to that for which aid is
being computed. For taxes payable in 2003 and subsequent
years, The amount of disparity aid certified for each taxing district
within each unique taxing jurisdiction for taxes payable in the prior year
shall be multiplied by the ratio of (1) the jurisdiction's tax capacity using
the class rates for taxes payable in the year for For the purposes of
this aid determination, disparity reduction aid certified for taxes payable in
the prior year for a taxing entity other than a town or school district is
deemed to be county government disparity reduction aid. The amount of disparity aid certified to each
taxing jurisdiction shall be reduced by any reductions required in the current
year or permanent reductions required in previous years under section
477A.0132. If the commissioner
determines that insufficient information is available to reasonably and timely
calculate the numerator in this ratio for the first taxes payable year that a
class rate change or new class rate is effective, the commissioner shall omit
the effects of that class rate change or new class rate when calculating this
ratio for aid payable in that taxes payable year. For aid payable in the year following a year
for which such omission was made, the commissioner shall use in the denominator
for the class that was changed or created, the tax capacity for taxes payable
two years prior to that in which the aid is payable, based on market values for
taxes payable in the year prior to that for which aid is being computed.
EFFECTIVE
DATE. This section is
effective for taxes payable in 2006 and thereafter.
Sec. 6. Minnesota
Statutes 2004, section 281.23, subdivision 9, is amended to read:
Subd. 9. Certificate. After the time for redemption of any lands
shall have expired after notice given, as provided in subdivisions 2, 3, 5, and
6, the county auditor shall execute a certificate describing the lands,
specifying the tax judgment sale at which the same were bid in for the state,
and stating that the time for redemption thereof has expired after notice given
as provided by law and that absolute title thereto has vested in the state of
Minnesota. Such certificate shall be
recorded in the office of the county recorder and thereafter filed in the
office of the county auditor, except that in case of registered land such
certificate shall be filed recorded in the office of the
registrar of titles and a duplicate filed in the office of the county
auditor. Such certificate and the
record thereof shall be prima facie evidence of the facts therein stated, but
failure to execute or record or file such certificate shall not affect the
validity of any proceedings hereunder respecting such lands or the title of the
state thereto.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 284.07, is amended to read:
284.07 COUNTY AUDITOR'S
CERTIFICATE TO BE PRIMA FACIE EVIDENCE.
The county auditor's certificate of forfeiture filed recorded
by the county auditor as provided by section 281.23, subdivision 9, and
acts supplemental thereto, or by any other law hereafter enacted providing for
the recording of such a certificate or a certified copy of such certificate or
of the record thereof, shall, for all purposes, be prima facie evidence that
all requirements of the law respecting the taxation and forfeiture of the lands
therein described were complied with, and that at the date of the certificate
absolute title to such lands had vested in the state by reason of forfeiture
for delinquent taxes, as set forth in the certificate.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 477A.014, subdivision 1, is amended to read:
Subdivision 1. Calculations and payments. (a) The commissioner of revenue shall
make all necessary calculations and make payments pursuant to sections
477A.013, 477A.0132, and 477A.03 directly to the affected taxing authorities
annually. In addition, the commissioner
shall notify the authorities of their aid amounts, as well as the computational
factors used in making the calculations for their authority, and those
statewide total figures that are pertinent, before August 1 of the year
preceding the aid distribution year.
(b)
(c) Changes in boundaries or form of government will only be
recognized for the purposes of this subdivision, to the extent that: (1)
changes in market values are included in market values reported by assessors to
the commissioner, and changes in population, household size, and the road
accidents factor are included in their respective certifications to the
commissioner as referenced in section 477A.011, or (2) an annexation
information report as provided in paragraph (d) is received by the commissioner
on or before July 15 of the aid calculation year. Revisions to estimates or data for use in
recognizing changes in boundaries or form of government are not effective for
purposes of this subdivision unless received by the commissioner on or before
July 15 of the aid calculation year.
Clerical errors in the certification or use of estimates and data
established as of July 15 in the aid calculation year are subject to correction
within the time periods allowed under subdivision 3.
(d) In the case of an annexation, an annexation information
report may be completed by the annexing jurisdiction and submitted to the
commissioner for purposes of this subdivision if the net tax capacity of
annexed area for the assessment year preceding the effective date of the
annexation exceeds five percent of the city's net tax capacity for the same
year. The form and contents of the annexation
information report shall be prescribed by the commissioner. The commissioner shall change the net tax
capacity, the population, the population decline, the commercial industrial
percentage, and the transformed population for the annexing jurisdiction only
if the annexation information report provides data the commissioner determines
to be reliable for all of these factors used to compute city revenue need for
the annexing jurisdiction. The
commissioner shall adjust the pre-1940 housing percentage, the road accidents
factor, and household size only if the entire area of an existing city or town
is annexed or consolidated and only if reliable data is available for all of
these factors used to compute city revenue need for the annexing jurisdiction.
EFFECTIVE
DATE. This section is
effective for aid payable in 2007 and thereafter.
ARTICLE 6
DEPARTMENT OF REVENUE SALES AND USE TAXES
Section 1. Minnesota
Statutes 2005 Supplement, section 297A.61, subdivision 3, is amended to read:
Subd. 3. Sale and purchase. (a) "Sale" and "purchase"
include, but are not limited to, each of the transactions listed in this
subdivision.
(b) Sale and purchase include:
(1) any transfer of title or possession, or both, of tangible
personal property, whether absolutely or conditionally, for a consideration in
money or by exchange or barter; and
(2) the leasing of or the granting of a license to use or
consume, for a consideration in money or by exchange or barter, tangible
personal property, other than a manufactured home used for residential purposes
for a continuous period of 30 days or more.
(c)
Sale and purchase include the production, fabrication, printing, or processing
of tangible personal property for a consideration for consumers who furnish
either directly or indirectly the materials used in the production,
fabrication, printing, or processing.
(d) Sale and purchase include the preparing for a
consideration of food. Notwithstanding
section 297A.67, subdivision 2, taxable food includes, but is not limited to,
the following:
(1) prepared food sold by the retailer;
(2) soft drinks;
(3) candy;
(4) dietary supplements; and
(5) all food sold through vending machines.
(e) A sale and a purchase includes the furnishing for a
consideration of electricity, gas, water, or steam for use or consumption within
this state.
(f) A sale and a purchase includes the transfer for a
consideration of prewritten computer software whether delivered electronically,
by load and leave, or otherwise.
(g) A sale and a purchase includes the furnishing for a
consideration of the following services:
(1) the privilege of admission to places of amusement,
recreational areas, or athletic events, and the making available of amusement
devices, tanning facilities, reducing salons, steam baths, turkish baths,
health clubs, and spas or athletic facilities;
(2) lodging and related services by a hotel, rooming house,
resort, campground, motel, or trailer camp and the granting of any similar
license to use real property in a specific facility, other than the renting or
leasing of it for a continuous period of 30 days or more under an enforceable
written agreement that may not be terminated without prior notice;
(3) nonresidential parking services, whether on a
contractual, hourly, or other periodic basis, except for parking at a meter;
(4) the granting of membership in a club, association, or
other organization if:
(i) the club, association, or other organization makes
available for the use of its members sports and athletic facilities, without
regard to whether a separate charge is assessed for use of the facilities; and
(ii) use of the sports and athletic facility is not made
available to the general public on the same basis as it is made available to
members.
Granting of
membership means both onetime initiation fees and periodic membership
dues. Sports and athletic facilities
include golf courses; tennis, racquetball, handball, and squash courts;
basketball and volleyball facilities; running tracks; exercise equipment;
swimming pools; and other similar athletic or sports facilities;
(5) delivery of aggregate materials and concrete block by a
third party if the delivery would be subject to the sales tax if provided by
the seller of the aggregate material or concrete block; and
(6)
services as provided in this clause:
(i) laundry and dry cleaning services including cleaning,
pressing, repairing, altering, and storing clothes, linen services and supply,
cleaning and blocking hats, and carpet, drapery, upholstery, and industrial
cleaning. Laundry and dry cleaning
services do not include services provided by coin operated facilities operated
by the customer;
(ii) motor vehicle washing, waxing, and cleaning services,
including services provided by coin operated facilities operated by the
customer, and rustproofing, undercoating, and towing of motor vehicles;
(iii) building and residential cleaning, maintenance, and
disinfecting and exterminating services;
(iv) detective, security, burglar, fire alarm, and armored
car services; but not including services performed within the jurisdiction they
serve by off-duty licensed peace officers as defined in section 626.84,
subdivision 1, or services provided by a nonprofit organization for monitoring
and electronic surveillance of persons placed on in-home detention pursuant to
court order or under the direction of the Minnesota Department of Corrections;
(v) pet grooming services;
(vi) lawn care, fertilizing, mowing, spraying and sprigging
services; garden planting and maintenance; tree, bush, and shrub pruning,
bracing, spraying, and surgery; indoor plant care; tree, bush, shrub, and stump
removal, except when performed as part of a land clearing contract as defined
in section 297A.68, subdivision 40; and tree trimming for public utility
lines. Services performed under a
construction contract for the installation of shrubbery, plants, sod, trees,
bushes, and similar items are not taxable;
(vii) massages, except when provided by a licensed health
care facility or professional or upon written referral from a licensed health
care facility or professional for treatment of illness, injury, or disease; and
(viii) the furnishing of lodging, board, and care services
for animals in kennels and other similar arrangements, but excluding veterinary
and horse boarding services.
In applying the provisions of this chapter, the terms
"tangible personal property" and "sales at retail sale"
include taxable services listed in clause (6), items (i) to (vi) and (viii),
and the provision of these taxable services, unless specifically provided
otherwise. Services performed by an
employee for an employer are not taxable.
Services performed by a partnership or association for another
partnership or association are not taxable if one of the entities owns or
controls more than 80 percent of the voting power of the equity interest in the
other entity. Services performed between
members of an affiliated group of corporations are not taxable. For purposes of the preceding sentence,
"affiliated group of corporations" includes means those
entities that would be classified as members of an affiliated group as
defined under United States Code, title 26, section 1504, and that are
eligible to file a consolidated tax return for federal income tax purposes
disregarding the exclusions in section 1504(b).
(h) A sale and a purchase includes the furnishing for a
consideration of tangible personal property or taxable services by the United
States or any of its agencies or instrumentalities, or the state of Minnesota,
its agencies, instrumentalities, or political subdivisions.
(i) A sale and a purchase includes the furnishing for a
consideration of telecommunications services, including cable television
services and direct satellite services.
Telecommunications services are taxed to the extent allowed under
federal law.
(j) A sale and a purchase includes the furnishing for a
consideration of installation if the installation charges would be subject to
the sales tax if the installation were provided by the seller of the item being
installed.
(k)
A sale and a purchase includes the rental of a vehicle by a motor vehicle
dealer to a customer when (1) the vehicle is rented by the customer for a
consideration, or (2) the motor vehicle dealer is reimbursed pursuant to a
service contract as defined in section 65B.29, subdivision 1, clause (1).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2004, section 297A.61, subdivision 12, is amended to read:
Subd. 12. Farm machinery. (a) "Farm machinery" means new or
used machinery, equipment, implements, accessories, and contrivances used
directly and principally in agricultural production of tangible personal
property intended to be sold ultimately at retail including, but not
limited to:
(1) machinery for the preparation, seeding, or cultivation of
soil for growing agricultural crops;
(2) barn cleaners, milking systems, grain dryers, feeding
systems including stationary feed bunks, and similar installations, whether or
not the equipment is installed by the seller and becomes part of the real
property; and
(3) irrigation equipment sold for exclusively agricultural
use, including pumps, pipe fittings, valves, sprinklers, and other equipment
necessary to the operation of an irrigation system when sold as part of an
irrigation system, whether or not the equipment is installed by the seller and
becomes part of the real property.
(b) Farm machinery does not include:
(1) repair or replacement parts;
(2) tools, shop equipment, grain bins, fencing material,
communication equipment, and other farm supplies;
(3) motor vehicles taxed under chapter 297B;
(4) snowmobiles or snow blowers;
(5) lawn mowers except those used in the production of sod
for sale, or garden-type tractors or garden tillers; or
(6) machinery, equipment, implements, accessories, and
contrivances used directly in the production of horses not raised for
slaughter, fur-bearing animals, or research animals.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2004, section 297A.61, is amended by adding a subdivision to read:
Subd. 16a.
Computer. "Computer" means an electronic
device that accepts information in digital or similar form and manipulates it
for a result based on a sequence of instructions.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2004, section 297A.61, is amended by adding a subdivision to read:
Subd. 16b.
Electronic. "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
5. Minnesota Statutes 2004, section
297A.61, is amended by adding a subdivision to read:
Subd. 16c.
Computer software. "Computer software" means a set
of coded instructions designed to cause a computer or automatic data processing
equipment to perform a task.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes
2004, section 297A.61, subdivision 17, is amended to read:
Subd. 17. Prewritten computer software. "Prewritten computer software"
means computer software, including prewritten upgrades, that is not designed
and developed by the author or other creator to the specifications of a
specific purchaser. The combining of two
or more "prewritten computer software" programs or prewritten
portions of the programs does not cause the combination to be other than
"prewritten computer software." "Prewritten computer
software" includes software designed and developed by the author or other
creator to the specifications of a specific purchaser when it is sold to a
person other than the specific purchaser. If a person modifies or enhances computer
software of which the person is not the author or creator, the person is deemed
to be the author or creator only of such person's modifications or
enhancements. "Prewritten computer software" or a prewritten portion
of it that is modified or enhanced to any degree, if the modification or
enhancement is designed and developed to the specifications of a specific
purchaser, remains "prewritten computer software"; provided, however,
that if there is a reasonable, separately stated charge or an invoice or other
statement of the price given to the purchaser for such modification or
enhancement, the modification or enhancement does not constitute
"prewritten computer software." For purposes of this subdivision:
(1) "computer" means an electronic device that
accepts information in digital or similar form and manipulates it for a result
based on a sequence of instructions;
(2) "electronic" means relating to technology
having electrical, digital, magnetic, wireless, optical, electromagnetic, or
similar capabilities; and
(3) "computer software" means a set of coded
instructions designed to cause a "computer" or automatic data
processing equipment to perform a task.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2004, section 297A.61, is amended by adding a subdivision to read:
Subd. 37. Logging equipment. (a) "Logging equipment" means
new or used machinery, equipment, implements, accessories, and contrivances
used directly and principally in the commercial cutting or removal or both of
timber or other solid wood forest products intended to be sold ultimately at
retail, including, but not limited to:
(1) machinery used for bucking, bunching, debarking,
delimbing, felling, forwarding, loading, piling, skidding, topping, and yarding
operations performed on timber; and
(2) chain saws.
(b) Logging equipment does not include:
(1) repair or replacement parts;
(2) tools, shop equipment, communication equipment, and other
logging supplies;
(3)
motor vehicles taxed under chapter 297B;
(4) snowmobiles, snow blowers, or recreational all-terrain
vehicles; or
(5) machinery, equipment, implements, accessories, and
contrivances used in the creation of other commercial wood products for sale to
others, including, but not limited to, milling, planing, carving, wood
chipping, or paper manufacturing.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 297A.63, is amended to read:
297A.63 USE TAXES IMPOSED;
RATES.
Subdivision 1. Use of tangible personal property or
taxable services. (a) For the
privilege of using, storing, distributing, or consuming in Minnesota tangible
personal property or taxable services purchased for use, storage, distribution,
or consumption in this state, a use tax is imposed on a person in
Minnesota. The tax is imposed on the sales
purchase price of retail sales of the tangible personal property or
taxable services at the rate of tax imposed under section 297A.62. A person that purchases property from a
Minnesota retailer and returns the tangible personal property to a point within
Minnesota, except in the course of interstate commerce, after it was delivered
outside of Minnesota, is subject to the use tax.
(b) No tax is imposed under paragraph (a) if the tax imposed
by section 297A.62 was paid on the sales price of the tangible personal
property or taxable services.
(c) No tax is imposed under paragraph (a) if the purchase
meets the requirements for exemption under section 297A.67, subdivision 21.
Subd. 2. Use of tangible personal property made from
materials. (a) A use tax is imposed
on a person who manufactures, fabricates, or assembles tangible personal
property from materials, either within or outside this state and who uses, stores,
distributes, or consumes the tangible personal property in Minnesota. The tax is imposed on the sales purchase
price of retail sales of the materials contained in the tangible personal
property at the rate of tax imposed under section 297A.62.
(b) No tax is imposed under paragraph (a) if the tax imposed
by section 297A.62 was paid on the sales price of materials contained in the
tangible personal property.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 297A.668, subdivision 6, is amended to read:
Subd. 6. Multiple points of use. (a) Notwithstanding the provisions of
subdivisions 2 to 5, a business purchaser that is not a holder of a direct pay
permit that knows at the time of its purchase of a digital good, computer
software delivered electronically, or a service that the digital good, computer
software delivered electronically, or service will be concurrently available
for use in more than one taxing jurisdiction shall deliver to the seller
in conjunction with its purchase a multiple points of use exemption certificate
disclosing this fact.
(b) Upon receipt of the multiple points of use exemption
certificate, the seller is relieved of the obligation to collect, pay, or remit
the applicable tax and the purchaser is obligated to collect, pay, or remit the
applicable tax on a direct pay basis.
(c)
A purchaser delivering the multiple points of use exemption certificate may use
any reasonable, but consistent and uniform, method of apportionment that is
supported by the purchaser's business records as they exist at the time of the
consummation of the sale.
(d) The multiple points of use exemption certificate remains
in effect for all future sales by the seller to the purchaser until it is
revoked in writing, except as to the subsequent sale's specific apportionment
that is governed by the principle of paragraph (c) and the facts existing at
the time of the sale.
(e) A holder of a direct pay permit is not required to
deliver a multiple points or use exemption certificate to the seller. A direct pay permit holder shall follow the
provisions of paragraph (c) in apportioning the tax due on a digital good,
computer software delivered electronically, or a service that will be concurrently
available for use in more than one taxing jurisdiction.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2004, section 297A.669, subdivision 11, is amended to read:
Subd. 11. Mobile telecommunications service. "Mobile telecommunications
service," for purposes of this section, means the same as that term is
defined in Section 124(1) 124(7) of Public Law 106-252 (Mobile
Telecommunications Sourcing Act).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2004, section 297A.67, subdivision 4, is amended to read:
Subd. 4. Exempt meals at residential facilities. Meals or Prepared food, candy, and
soft drinks served to patients, inmates, or persons residing at hospitals,
sanitariums, nursing homes, senior citizen homes, and correctional, detention,
and detoxification facilities are exempt.
Food sold through vending machines is not exempt.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2004, section 297A.67, subdivision 5, is amended to read:
Subd. 5. Exempt meals at schools. Meals and lunches Prepared food,
candy, and soft drinks served at public and private elementary, middle, or
secondary schools as defined in section 120A.05 are exempt. Meals and lunches Prepared food,
candy, and soft drinks served to students at a college, university, or
private career school under a board contract are exempt. For purposes of this subdivision,
"meals and lunches" does not include sales from vending machines. Food sold through vending machines is not
exempt.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 297A.67, subdivision 6, is amended to read:
Subd. 6. Other exempt meals. (a) Meals or Prepared food, candy,
and soft drinks purchased for and served exclusively to individuals who are
60 years of age or over and their spouses or to handicapped persons and their
spouses by governmental agencies, nonprofit organizations, or churches, or
pursuant to any program funded in whole or in part through United States Code,
title 42, sections 3001 through 3045, wherever delivered, prepared, or served,
are exempt. Food sold through vending
machines is not exempt.
(b)
Meals or Prepared food, candy, and soft drinks purchased for and
served exclusively to children who are less than 14 years of age or disabled
children who are less than 16 years of age and who are attending a child care
or early childhood education program, are exempt if they are:
(1) purchased by a nonprofit child care facility that is
exempt under section 297A.70, subdivision 4, and that primarily serves families
with income of 250 percent or less of federal poverty guidelines; and
(2) prepared at the site of the child care facility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota
Statutes 2004, section 297A.67, subdivision 14, is amended to read:
Subd. 14. Personal Computers prescribed for
use by school. Personal
Computers and related computer software sold by a school, college, university,
or private career school to students who are enrolled at the institutions are
exempt if:
(1) the use of the personal computer, or of a
substantially similar model of computer, and the related computer software is
prescribed by the institution in conjunction with a course of study; and
(2) each student of the institution, or of a unit of the
institution in which the student is enrolled, is required by the institution to
have such a personal computer and related software as a condition of
enrollment.
For the purposes of this subdivision, "school" and
"private career school" have the meanings given in subdivision 13.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2004, section 297A.67, subdivision 27, is amended to read:
Subd. 27. Sewing materials. Sewing materials are exempt. For purposes of this subdivision "sewing
materials" mean fabric, thread, zippers, interfacing, buttons, trim, and
other items that are usually directly incorporated into the construction of
clothing, as defined in subdivision 8, regardless of whether it is
actually used for making clothing. It
does not include batting, foam, or fabric specifically manufactured for arts
and craft projects, or other materials for craft projects.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Minnesota Statutes
2005 Supplement, section 297A.68, subdivision 37, is amended to read:
Subd. 37. Job opportunity building zones. (a) Purchases of tangible personal property
or taxable services by a qualified business, as defined in section 469.310, are
exempt if the property or services are primarily used or consumed in a job
opportunity building zone designated under section 469.314. For purposes of this subdivision, an aerial
camera package, including any camera, computer, and navigation device contained
in the package, that is used in an aircraft that is operated under a Federal
Aviation Administration Restricted Airworthiness Certificate according to Code
of Federal Regulations, title 14, part 21, section 21.25(b)(3), relating to
aerial surveying, and that is based, maintained, and dispatched from a job
opportunity building zone, qualifies as primarily used or consumed in a job
opportunity building zone if the imagery acquired from the aerial camera
package is returned to the job opportunity building zone for processing. The exemption for an aerial camera package is
limited to $50,000 in taxes as provided in this subdivision and
the tax must be imposed and collected as if the rate under section 297A.62,
subdivision 1, applied and then refunded in the manner provided in section
297A.75. The total amount of the
aerial camera package exemption refunded for all taxpayers for all fiscal years
is limited to $50,000 in taxes.
(b)
Purchase and use of construction materials, and supplies, or
equipment used or consumed in, and equipment incorporated into, the
construction of improvements to real property in a job opportunity building
zone are exempt if the improvements after completion of construction are to be
used in the conduct of a qualified business, as defined in section
469.310. This exemption applies
regardless of whether the purchases are made by the business or a contractor.
(c) The exemptions under this subdivision apply to a local
sales and use tax regardless of whether the local sales tax is imposed on the sales
taxable as defined under this chapter.
(d) This subdivision applies to sales, if the purchase was
made and delivery received during the duration of the zone.
(e) Notwithstanding the restriction in paragraph (a), which
requires items purchased to be primarily used or consumed in the zone,
purchases by a qualified business that is an electrical cooperative located in
Meeker County of equipment and materials used for the generation, transmission,
and distribution of electrical energy are exempt under this subdivision, except
that:
(1) the exemption for materials and equipment used or
consumed outside the zone must not exceed $200,000 in taxes for all
taxpayers for all fiscal years; and
(2) no sales and use tax exemption is allowed for equipment
purchased for resale.
For
purposes of this paragraph, the tax must be imposed and collected as if the
rate under section 297A.62, subdivision 1, applied and then refunded in the
manner provided in section 297A.75.
EFFECTIVE
DATE. Paragraphs (a) and
(e) are effective for sales and purchases made on or after August 1, 2005. Paragraph (b) is effective for sales and
purchases made on or after January 1, 2004.
Sec. 17. Minnesota
Statutes 2005 Supplement, section 297A.68, subdivision 38, is amended to read:
Subd. 38. Biotechnology and health sciences industry
zone. (a) Purchases of tangible
personal property or taxable services by a qualified business, as defined in
section 469.330, are exempt if the property or services are primarily used or
consumed in a biotechnology and health sciences industry zone designated under
section 469.334.
(b) Purchase and use of construction materials, and
supplies, or equipment used or consumed in, and equipment
incorporated into, the construction of improvements to real property in a
biotechnology and health sciences industry zone are exempt if the improvements
after completion of construction are to be used in the conduct of a qualified
business, as defined in section 469.330.
This exemption applies regardless of whether the purchases are made by
the business or a contractor.
(c) The exemptions under this subdivision apply to a local
sales and use tax regardless of whether the local sales tax is imposed on the
sales taxable as defined under this chapter.
(d)(1) The tax on sales of goods or services exempted under
this subdivision are imposed and collected as if the applicable rate under
section 297A.62 applied. Upon
application by the purchaser, on forms prescribed by the commissioner, a refund
equal to the tax paid must be paid to the purchaser. The application must include sufficient
information to permit the commissioner to verify the sales tax paid and the
eligibility of the claimant to receive the credit. No more than two applications for refunds may
be filed under this subdivision in a calendar year. The provisions of section 289A.40 apply to
the refunds payable under this subdivision.
(2) The amount required to make the refunds is annually
appropriated to the commissioner of revenue.
(3)
The aggregate amount refunded to a qualified business must not exceed the
amount allocated to the qualified business under section 469.335.
(e) This subdivision applies only to sales made during the
duration of the designation of the zone.
EFFECTIVE
DATE. This section is
effective for sales and purchases made on or after January 1, 2004.
Sec. 18. Minnesota
Statutes 2004, section 297A.70, subdivision 2, is amended to read:
Subd. 2. Sales to government. (a) All sales, except those listed in
paragraph (b), to the following governments and political subdivisions, or to
the listed agencies or instrumentalities of governments and political
subdivisions, are exempt:
(1) the United States and its agencies and instrumentalities;
(2) school districts, the University of Minnesota, state universities,
community colleges, technical colleges, state academies, the Perpich Minnesota
Center for Arts Education, and an instrumentality of a political subdivision
that is accredited as an optional/special function school by the North Central
Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by
political subdivisions of the state of tangible personal property and taxable
services used at or by hospitals and nursing homes;
(4) the Metropolitan Council, for its purchases of vehicles
and repair parts to equip operations provided for in section 473.4051;
(5) other states or political subdivisions of other states, if
the sale would be exempt from taxation if it occurred in that state; and
(6) sales to public libraries, public library systems,
multicounty, multitype library systems as defined in section 134.001, county
law libraries under chapter 134A, state agency libraries, the state library
under section 480.09, and the Legislative Reference Library.
(b) This exemption does not apply to the sales of the
following products and services:
(1) building, construction, or reconstruction materials
purchased by a contractor or a subcontractor as a part of a lump-sum contract
or similar type of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair of a building
or facility;
(2) construction materials purchased by tax exempt entities or
their contractors to be used in constructing buildings or facilities which will
not be used principally by the tax exempt entities;
(3) the leasing of a motor vehicle as defined in section
297B.01, subdivision 5, except for leases entered into by the United States or
its agencies or instrumentalities; or
(4) meals and lodging as defined under section 297A.61,
subdivision 3, paragraphs (d) and (g) paragraph (g), clause (2), and
prepared food, candy, and soft drinks, except for meals and lodging,
prepared food, candy, and soft drinks purchased directly by the United States
or its agencies or instrumentalities.
(c) As used in this subdivision, "school districts"
means public school entities and districts of every kind and nature organized
under the laws of the state of Minnesota, and any instrumentality of a school
district, as defined in section 471.59.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
19. Minnesota Statutes 2004, section
297A.70, subdivision 3, is amended to read:
Subd. 3. Sales of certain goods and services to government. (a) The following sales to or use by the
specified governments and political subdivisions of the state are exempt:
(1) repair and replacement parts for emergency rescue
vehicles, fire trucks, and fire apparatus to a political subdivision;
(2) machinery and equipment, except for motor vehicles, used
directly for mixed municipal solid waste management services at a solid waste
disposal facility as defined in section 115A.03, subdivision 10;
(3) chore and homemaking services to a political subdivision
of the state to be provided to elderly or disabled individuals;
(4) telephone services to the Department of Administration
that are used to provide telecommunications services through the
intertechnologies revolving fund;
(5) firefighter personal protective equipment as defined in
paragraph (b), if purchased or authorized by and for the use of an organized
fire department, fire protection district, or fire company regularly charged
with the responsibility of providing fire protection to the state or a
political subdivision;
(6) bullet-resistant body armor that provides the wearer with
ballistic and trauma protection, if purchased by a law enforcement agency of
the state or a political subdivision of the state, or a licensed peace officer,
as defined in section 626.84, subdivision 1;
(7) motor vehicles purchased or leased by political
subdivisions of the state if the vehicles are exempt from registration under
section 168.012, subdivision 1, paragraph (b), exempt from taxation under
section 473.448, or exempt from the motor vehicle sales tax under section
297B.03, clause (12);
(8) equipment designed to process, dewater, and recycle
biosolids for wastewater treatment facilities of political subdivisions, and
materials incidental to installation of that equipment; and
(9) sales to a town of gravel and of machinery, equipment,
and accessories, except motor vehicles, used exclusively for road and bridge
maintenance, and leases by a town of motor vehicles exempt from tax under
section 297B.03, clause (10).; and
(10) the removal of trees, bushes, or shrubs for the
construction and maintenance of roads, trails, or firebreaks when purchased by
an agency of the state or a political subdivision of the state.
(b) For purposes of this subdivision, "firefighters
personal protective equipment" means helmets, including face shields, chin
straps, and neck liners; bunker coats and pants, including pant suspenders;
boots; gloves; head covers or hoods; wildfire jackets; protective coveralls;
goggles; self-contained breathing apparatus; canister filter masks; personal
alert safety systems; spanner belts; optical or thermal imaging search devices;
and all safety equipment required by the Occupational Safety and Health
Administration.
EFFECTIVE
DATE. This section is effective
for sales and purchases made after October 28, 2002, but for sales and
purchases made after October 28, 2002, and before July 15, 2005, no refunds may
be claimed under Minnesota Statutes, section 289A.50, for sales taxes collected
and remitted to the state.
Sec.
20. Minnesota Statutes 2004, section
297A.70, subdivision 4, is amended to read:
Subd. 4. Sales to nonprofit groups. (a) All sales, except those listed in
paragraph (b), to the following "nonprofit organizations" are exempt:
(1) a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable, religious, or
educational purposes if the item purchased is used in the performance of
charitable, religious, or educational functions; and
(2) any senior citizen group or association of groups that:
(i) in general limits membership to persons who are either
age 55 or older, or physically disabled; and
(ii) is organized and operated exclusively for pleasure,
recreation, and other nonprofit purposes, no part of the net earnings of which
inures to the benefit of any private shareholders.
For
purposes of this subdivision, charitable purpose includes the maintenance of a
cemetery owned by a religious organization.
(b) This exemption does not apply to the following sales:
(1) building, construction, or reconstruction materials
purchased by a contractor or a subcontractor as a part of a lump-sum contract
or similar type of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair of a building
or facility;
(2) construction materials purchased by tax-exempt entities
or their contractors to be used in constructing buildings or facilities that
will not be used principally by the tax-exempt entities; and
(3) meals and lodging as defined under section
297A.61, subdivision 3, paragraphs (d) and (g) paragraph (g),
clause (2), and prepared food, candy, and soft drinks; and
(4) leasing of a motor vehicle as defined in section 297B.01,
subdivision 5, except as provided in paragraph (c).
(c) This exemption applies to the leasing of a motor vehicle
as defined in section 297B.01, subdivision 5, only if the vehicle is:
(1) a truck, as defined in section 168.011, a bus, as defined
in section 168.011, or a passenger automobile, as defined in section 168.011,
if the automobile is designed and used for carrying more than nine persons
including the driver; and
(2) intended to be used primarily to transport tangible
personal property or individuals, other than employees, to whom the
organization provides service in performing its charitable, religious, or
educational purpose.
(d) A limited liability company also qualifies for exemption
under this subdivision if (1) it consists of a sole member that would qualify
for the exemption, and (2) the items purchased qualify for the exemption.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
21. Minnesota Statutes 2004, section
297A.70, subdivision 7, is amended to read:
Subd. 7. Hospitals and outpatient surgical centers. (a) Sales, except for those listed in
paragraph (c), to a hospital are exempt, if the items purchased are used in
providing hospital services. For
purposes of this subdivision, "hospital" means a hospital organized
and operated for charitable purposes within the meaning of section 501(c)(3) of
the Internal Revenue Code, and licensed under chapter 144 or by any other
jurisdiction, and "hospital services" are services authorized or
required to be performed by a "hospital" under chapter 144.
(b) Sales, except for those listed in paragraph (c), to an
outpatient surgical center are exempt, if the items purchased are used in
providing outpatient surgical services.
For purposes of this subdivision, "outpatient surgical center"
means an outpatient surgical center organized and operated for charitable
purposes within the meaning of section 501(c)(3) of the Internal Revenue Code,
and licensed under chapter 144 or by any other jurisdiction. For the purposes of this subdivision,
"outpatient surgical services" means: (1) services authorized or
required to be performed by an outpatient surgical center under chapter 144;
and (2) urgent care. For purposes of
this subdivision, "urgent care" means health services furnished to a
person whose medical condition is sufficiently acute to require treatment
unavailable through, or inappropriate to be provided by, a clinic or
physician's office, but not so acute as to require treatment in a hospital
emergency room.
(c) This exemption does not apply to the following products
and services:
(1) purchases made by a clinic, physician's office, or any
other medical facility not operating as a hospital or outpatient surgical
center, even though the clinic, office, or facility may be owned and operated
by a hospital or outpatient surgical center;
(2) sales under section 297A.61, subdivision 3, paragraphs
(d) and (g) paragraph (g), clause (2), and prepared food, candy,
and soft drinks;
(3) building and construction materials used in constructing
buildings or facilities that will not be used principally by the hospital or
outpatient surgical center;
(4) building, construction, or reconstruction materials
purchased by a contractor or a subcontractor as a part of a lump-sum contract
or similar type of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair of a hospital
or outpatient surgical center; or
(5) the leasing of a motor vehicle as defined in section
297B.01, subdivision 5.
(d) A limited liability company also qualifies for exemption
under this subdivision if (1) it consists of a sole member that would qualify
for the exemption, and (2) the items purchased qualify for the exemption.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota
Statutes 2004, section 297A.70, subdivision 13, is amended to read:
Subd. 13. Fund-raising sales by or for nonprofit
groups. (a) The following sales by
the specified organizations for fund-raising purposes are exempt, subject to
the limitations listed in paragraph (b):
(1) all sales made by an organization that exists solely for
the purpose of providing educational or social activities for young people
primarily age 18 and under;
(2)
all sales made by an organization that is a senior citizen group or association
of groups if (i) in general it limits membership to persons age 55 or older;
(ii) it is organized and operated exclusively for pleasure, recreation, and
other nonprofit purposes; and (iii) no part of its net earnings inures to the
benefit of any private shareholders;
(3) the sale or use of tickets or admissions to a golf
tournament held in Minnesota if the beneficiary of the tournament's net
proceeds qualifies as a tax-exempt organization under section 501(c)(3) of the
Internal Revenue Code; and
(4) sales of gum, candy, and candy products
sold for fund-raising purposes by a nonprofit organization that provides
educational and social activities primarily for young people age 18 and under.
(b) The exemptions listed in paragraph (a) are limited in the
following manner:
(1) the exemption under paragraph (a), clauses (1) and (2),
applies only if the gross annual receipts of the organization from fund-raising
do not exceed $10,000; and
(2) the exemption under paragraph (a), clause (1), does not
apply if the sales are derived from admission charges or from activities for
which the money must be deposited with the school district treasurer under
section 123B.49, subdivision 2, or be recorded in the same manner as other
revenues or expenditures of the school district under section 123B.49,
subdivision 4.
(c) Sales of tangible personal property are exempt if the
entire proceeds, less the necessary expenses for obtaining the property, will
be contributed to a registered combined charitable organization described in
section 309.501, to be used exclusively for charitable, religious, or
educational purposes, and the registered combined charitable organization has
given its written permission for the sale.
Sales that occur over a period of more than 24 days per year are not
exempt under this paragraph.
(d) For purposes of this subdivision, a club, association, or
other organization of elementary or secondary school students organized for the
purpose of carrying on sports, educational, or other extracurricular activities
is a separate organization from the school district or school for purposes of
applying the $10,000 limit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota
Statutes 2004, section 297A.70, subdivision 14, is amended to read:
Subd. 14. Fund-raising events sponsored by nonprofit
groups. (a) Sales of tangible
personal property at, and admission charges for fund-raising events sponsored
by, a nonprofit organization are exempt if:
(1) all gross receipts are recorded as such, in accordance
with generally accepted accounting practices, on the books of the nonprofit
organization; and
(2) the entire proceeds, less the necessary expenses for the
event, will be used solely and exclusively for charitable, religious, or
educational purposes. Exempt sales
include the sale of food, meals, and drinks prepared food, candy, and
soft drinks at the fund-raising event.
(b) This exemption is limited in the following manner:
(1) it does not apply to admission charges for events
involving bingo or other gambling activities or to charges for use of amusement
devices involving bingo or other gambling activities;
(2)
all gross receipts are taxable if the profits are not used solely and
exclusively for charitable, religious, or educational purposes;
(3) it does not apply unless the organization keeps a
separate accounting record, including receipts and disbursements from each
fund-raising event that documents all deductions from gross receipts with
receipts and other records;
(4) it does not apply to any sale made by or in the name of a
nonprofit corporation as the active or passive agent of a person that is not a
nonprofit corporation;
(5) all gross receipts are taxable if fund-raising events
exceed 24 days per year;
(6) it does not apply to fund-raising events conducted on
premises leased for more than five days but less than 30 days; and
(7) it does not apply if the risk of the event is not borne
by the nonprofit organization and the benefit to the nonprofit organization is
less than the total amount of the state and local tax revenues foregone by this
exemption.
(c) For purposes of this subdivision, a "nonprofit
organization" means any unit of government, corporation, society,
association, foundation, or institution organized and operated for charitable,
religious, educational, civic, fraternal, and senior citizens' or veterans'
purposes, no part of the net earnings of which inures to the benefit of a
private individual.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota
Statutes 2004, section 297A.70, subdivision 15, is amended to read:
Subd. 15. Statewide amateur athletic games. Notwithstanding section 297A.61, subdivision
3, or any other provision of this chapter, the gross receipts from the
following sales made to or by a nonprofit corporation designated by the
Minnesota Amateur Sports Commission to conduct a series of statewide amateur athletic
games and related events, workshops, and clinics are exempt:
(1) sales of tangible personal property to or the storage,
use, or other consumption of tangible personal property by the nonprofit
corporation; and
(2) sales of tangible personal property, admission charges,
and sales of food, meals, and drinks prepared food, candy, and soft
drinks by the nonprofit corporation at fund-raising events, athletic
events, or athletic facilities.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Minnesota
Statutes 2005 Supplement, section 297A.72, subdivision 2, is amended to read:
Subd. 2. Content and form of exemption certificate. An exemption certificate must be
substantially in the form prescribed by the commissioner and:
(1) be signed by the purchaser or meet the requirements of
section 270C.304;
(2) bear the name and address of the purchaser; and
(3) indicate the sales tax account number, if any, issued to
the purchaser;.
(4)
indicate the general character of the property sold by the purchaser in the
regular course of business or the activities carried on by the organization;
and
(5) identify the property purchased.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota
Statutes 2005 Supplement, section 297A.75, subdivision 1, is amended to read:
Subdivision 1. Tax collected. The tax on the gross receipts from the sale
of the following exempt items must be imposed and collected as if the sale were
taxable and the rate under section 297A.62, subdivision 1, applied. The exempt items include:
(1) capital equipment exempt under section 297A.68,
subdivision 5;
(2) building materials for an agricultural processing
facility exempt under section 297A.71, subdivision 13;
(3) building materials for mineral production facilities
exempt under section 297A.71, subdivision 14;
(4) building materials for correctional facilities under
section 297A.71, subdivision 3;
(5) building materials used in a residence for disabled veterans
exempt under section 297A.71, subdivision 11;
(6) elevators and building materials exempt under section
297A.71, subdivision 12;
(7) building materials for the Long Lake Conservation Center
exempt under section 297A.71, subdivision 17;
(8) materials, supplies, fixtures, furnishings, and equipment
for a county law enforcement and family service center under section 297A.71,
subdivision 26;
(9) materials and supplies for qualified low-income housing
under section 297A.71, subdivision 23; and
(10) materials, supplies, and equipment for municipal
electric utility facilities under section 297A.71, subdivision 35.;
(11) equipment and materials used for the generation,
transmission, and distribution of electrical energy and an aerial camera
package exempt under section 297A.68, subdivision 37; and
(12) tangible personal property and taxable services and
construction materials, supplies, and equipment exempt under section 297A.68,
subdivision 41.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Minnesota
Statutes 2005 Supplement, section 297A.75, subdivision 2, is amended to read:
Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the
exempt items must be paid to the applicant.
Only the following persons may apply for the refund:
(1) for subdivision 1, clauses (1) to (3), the applicant must
be the purchaser;
(2)
for subdivision 1, clauses (4), (7), and (8), the applicant must be the
governmental subdivision;
(3) for subdivision 1, clause (5), the applicant must be the
recipient of the benefits provided in United States Code, title 38, chapter 21;
(4) for subdivision 1, clause (6), the applicant must be the
owner of the homestead property;
(5) for subdivision 1, clause (9), the owner of the qualified
low-income housing project; and
(6) for subdivision 1, clause (10), the applicant must be a
municipal electric utility or a joint venture of municipal electric utilities.;
and
(7) for subdivision 1, clauses (11) and (12), the owner of
the qualifying business.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Minnesota
Statutes 2005 Supplement, section 297A.75, subdivision 3, is amended to read:
Subd. 3. Application. (a) The application must include sufficient
information to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clause (4), (5), (6), (7), (8),
(9), or (10), (11), or (12), the contractor, subcontractor, or
builder must furnish to the refund applicant a statement including the cost of
the exempt items and the taxes paid on the items unless otherwise specifically
provided by this subdivision. The
provisions of sections 289A.40 and 289A.50 apply to refunds under this section.
(b) An applicant may not file more than two applications per
calendar year for refunds for taxes paid on capital equipment exempt under
section 297A.68, subdivision 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota
Statutes 2005 Supplement, section 297A.815, subdivision 1, is amended to read:
Subdivision 1. Motor vehicle lease price; payment. (a) In the case of a lease of a motor vehicle
as provided in section 297A.61, subdivision 4, paragraph (k), clause (2), the
tax is imposed on the total amount to be paid by the lessee under the lease
agreement. The lessor shall collect the
tax in full at the time the lease is executed or, if the tax is included in the
lease and the lease is assigned, the tax is due from the original lessor at the
time the lease is assigned. The total
amount to be paid by the lessee under the lease agreement equals the
agreed-upon value of the vehicle less manufacturer's rebates, the stated
residual value of the leased vehicle, and the total value allowed for a vehicle
owned by the lessee taken in trade by the lessor, plus the price of any taxable
goods and services included in the lease and the rent charge as provided by
Code of Federal Regulations, title 12, section 213.4, excluding any rent charge
related to the capitalization of the tax.
(b) If the total amount paid by the lessee for use of the
leased vehicle includes amounts that are not calculated at the time the lease
is executed, the tax is imposed and must be collected by the lessor at the time
the amounts are paid by the lessee. In
the case of a lease which by its terms may be renewed, the sales tax is due and
payable on the total amount to be paid during the initial term of the lease,
and then for each subsequent renewal period on the total amount to be paid
during the renewal period.
(c) If a lease is canceled or rescinded on or before 90 days
of its execution or if a vehicle is returned to the manufacturer under section
325F.665, the lessor may file a claim for a refund of the total tax paid minus
the amount of tax due for the period the vehicle is used by the lessee.
(d)
If a lessee's obligation to make payments on a lease is canceled more than 90
days after its execution, a credit is allowed against sales tax or motor
vehicles sales tax due on a subsequent lease or purchase of a motor vehicle if
that lease or purchase is consummated within 30 days of the date the prior
lease was canceled. The amount of the
credit is equal to (1) the sales tax paid at the inception of the lease,
multiplied by (2) the ratio of the number of full months remaining in the lease
at the time of termination compared to the term of the lease used in calculating
sales tax paid at the inception of the lease.
The credit or any part of it cannot be assigned or transferred to
another person.
EFFECTIVE
DATE. This section is
effective for leases entered into after September 30, 2005.
Sec. 30. Minnesota
Statutes 2004, section 297A.99, subdivision 7, is amended to read:
Subd. 7. Exemptions. (a) All goods or services that are otherwise
exempt from taxation under this chapter are exempt from a political
subdivision's tax.
(b) The gross receipts from the sale of tangible personal
property that meets the requirement of section 297A.68, subdivision 15, are
exempt, except the qualification test applies based on the boundaries of the
political subdivision instead of the state of Minnesota.
(c) All mobile transportation equipment, and parts and
accessories attached to or to be attached to the equipment are exempt, if
purchased by a holder of a motor carrier direct pay permit under section
297A.90.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Laws 2005,
First Special Session chapter 3, article 5, section 3, the effective date, is
amended to read:
EFFECTIVE DATE. This section is effective for sales
and purchases made after October 28, 2002, but for land clearing contracts
entered into after October 28, 2002, but before July 15, 2005, no
refunds may be claimed under Minnesota Statutes, section 289A.50, for sales
taxes collected and remitted to the state on the land clearing contracts.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. REPEALER.
(a) Minnesota Statutes 2004, section 297A.68, subdivisions 15
and 18, are repealed.
(b) Minnesota Rules, parts 8130.0400, subpart 3; 8130.4800,
subparts 1, 3, 4, 5, 6, 7, and 8; 8130.5100; 8130.5400; and 8130.5800, subpart
6, are repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 7
DEPARTMENT OF REVENUE SPECIAL TAXES AND FEES
Section 1. Minnesota
Statutes 2005 Supplement, section 115B.49, subdivision 4, is amended to read:
Subd. 4. Registration; fees. (a) The owner or operator of a dry cleaning
facility shall register on or before October 1 of each year with the
commissioner of revenue in a manner prescribed by the commissioner of revenue and
pay a registration fee for the facility.
The amount of the fee is:
(1)
$500, for facilities with a full-time equivalence of fewer than five;
(2) $1,000, for facilities with a full-time equivalence of
five to ten; and
(3) $1,500, for facilities with a full-time equivalence of
more than ten.
The registration fee must be paid on or before October 18 or
the owner or operator of a dry cleaning facility may elect to pay the fee in
equal installments. Installment payments
must be paid on or before October 18, on or before January 18, on or before
April 18, and on or before June 18. All
payments made after October 18 bear interest at the rate specified in section
270C.40.
(b) A person who sells dry cleaning solvents for use by dry
cleaning facilities in the state shall collect and remit to the commissioner of
revenue in a manner prescribed by the commissioner of revenue, on or before the
20th day of the month following the month in which the sales of dry cleaning
solvents are made, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use
by dry cleaning facilities in the state;
(2) 70 cents for each gallon of hydrocarbon-based dry
cleaning solvent sold for use by dry cleaning facilities in the state; and
(3) 35 cents for each gallon of other nonaqueous solvents
sold for use by dry cleaning facilities in the state.
(c) The audit, assessment, appeal, collection, enforcement,
and administrative provisions of chapters 270C and 289A apply to the fee
imposed by this subdivision. To enforce
this subdivision, the commissioner of revenue may grant extensions to file
returns and pay fees, impose penalties and interest on the annual registration
fee under paragraph (a) and the monthly fee under paragraph (b), and abate
penalties and interest in the manner provided in chapters 270C and 289A. The penalties and interest imposed on taxes
under chapter 297A apply to the fees imposed under this subdivision. Disclosure of data collected by the
commissioner of revenue under this subdivision is governed by chapter 270B.
EFFECTIVE
DATE. This section is
effective for returns and payments due on or after October 1, 2006.
Sec. 2. [287.222] TRANSFER TO OBTAIN FINANCING.
The deed tax is $1.65 on a deed or other instrument that
transfers real property if the transfer is (1) to a person who is a builder or
contractor, (2) intended to be temporary, and (3) done solely to enable the
builder or contractor to obtain financing to build an improvement on the
conveyed property under a contract for improvement with the grantor that calls
for the conveyed property to be reconveyed to the grantor upon completion of
and payment for the improvement. The
deed tax is $1.65 on a deed or other instrument that transfers the real
property back from the builder or contractor to the grantor.
EFFECTIVE
DATE. This section is
effective for deeds both executed and recorded on or after July 1, 2006.
Sec. 3. Minnesota
Statutes 2004, section 295.50, subdivision 4, is amended to read:
Subd. 4. Health care provider. (a) "Health care provider" means:
(1) a person whose health care occupation is regulated or
required to be regulated by the state of Minnesota furnishing any or all of the
following goods or services directly to a patient or consumer: medical, surgical, optical, visual, dental,
hearing, nursing services, drugs, laboratory, diagnostic or therapeutic
services;
(2)
a person who provides goods and services not listed in clause (1) that qualify
for reimbursement under the medical assistance program provided under chapter
256B;
(3) a staff model health plan company;
(4) an ambulance service required to be licensed; or
(5) a person who sells or repairs hearing aids and related
equipment or prescription eyewear.
(b) Health care provider does not include:
(1) hospitals; medical supplies distributors, except as
specified under paragraph (a), clause (5); nursing homes licensed under chapter
144A or licensed in any other jurisdiction; pharmacies; surgical centers; bus
and taxicab transportation, or any other providers of transportation services
other than ambulance services required to be licensed; supervised living
facilities for persons with mental retardation or related conditions, licensed
under Minnesota Rules, parts 4665.0100 to 4665.9900; residential care homes
licensed under chapter 144B; housing with services establishments
required to be registered under chapter 144D; board and lodging
establishments providing only custodial services that are licensed under
chapter 157 and registered under section 157.17 to provide supportive services
or health supervision services; adult foster homes as defined in Minnesota
Rules, part 9555.5105; day training and habilitation services for adults with
mental retardation and related conditions as defined in section 252.41,
subdivision 3; boarding care homes, as defined in Minnesota Rules, part
4655.0100; and adult day care centers as defined in Minnesota Rules, part
9555.9600;
(2) home health agencies as defined in Minnesota Rules, part
9505.0175, subpart 15; a person providing personal care services and
supervision of personal care services as defined in Minnesota Rules, part
9505.0335; a person providing private duty nursing services as defined in
Minnesota Rules, part 9505.0360; and home care providers required to be
licensed under chapter 144A;
(3) a person who employs health care providers solely for the
purpose of providing patient services to its employees; and
(4) an educational institution that employs health care
providers solely for the purpose of providing patient services to its students
if the institution does not receive fee for service payments or payments for
extended coverage.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2004, section 295.53, subdivision 3, is amended to read:
Subd. 3. Separate statement of tax. A hospital, surgical center, or health
care provider, or wholesale drug distributor must not state the tax
obligation under section 295.52 in a deceptive or misleading manner. It must not separately state tax obligations
on bills provided to patients, consumers, or other payers when the amount
received for the services or goods is not subject to tax.
Pharmacies that separately state the tax obligations on bills
provided to consumers or to other payers who purchase legend drugs may state
the tax obligation as the wholesale price of the legend drugs multiplied by the
tax percentage specified in section 295.52.
Pharmacies must not state the tax obligation based on the retail price.
Whenever
the commissioner determines that a person has engaged in any act or practice
constituting a violation of this subdivision, the commissioner may bring an
action in the name of the state in the district court of the appropriate county
to enjoin the act or practice and to enforce compliance with this subdivision,
or the commissioner may refer the matter to the attorney general or the county
attorney of the appropriate county. Upon
a proper showing, a permanent or temporary injunction, restraining order, or
other appropriate relief must be granted.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2004, section 297F.01, is amended by adding a subdivision to read:
Subd. 22a. Weighted average retail price. "Weighted average retail price"
means (1) the average retail price per pack of 20 cigarettes, with the average
price weighted by the number of packs sold at each price, (2) reduced by the
sales tax included in the retail price, and (3) adjusted for the expected inflation
from the time of the survey to the average of the 12 months that the sales tax
will be imposed. The commissioner shall
make the inflation adjustment in accordance with the Consumer Price Index for
all urban consumers inflation indicator as published in the most recent state
budget forecast. The inflation factor
for the calendar year in which the new tax rate takes effect must be used. If the survey indicates that the average
retail price of cigarettes has not increased relative to the average retail
price in the previous year's survey, then no inflation adjustment must be made.
EFFECTIVE
DATE. This section is
effective April 30, 2006.
Sec. 6. Minnesota
Statutes 2004, section 297G.01, subdivision 7, is amended to read:
Subd. 7. Distilled spirits. "Distilled spirits" is
means:
(1) intoxicating liquors, including ethyl alcohol, hydrated
oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled
spirits, including all dilutions and mixtures, for nonindustrial use.;
(2) any beverage that would be classified as a flavored malt
beverage except that the alcohol contribution from flavors and other
nonbeverage materials exceeds 49 percent of the alcohol content of the product;
or
(3) any beverage that would be classified as a flavored malt
beverage except that the beverage contains more than six percent alcohol by
volume, and more than 1.5 percent of the volume of the finished product
consists of alcohol derived from flavors and other nonbeverage ingredients that
contain alcohol.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 7. Minnesota
Statutes 2004, section 297G.01, is amended by adding a subdivision to read:
Subd. 8a. Flavored malt beverage. (a) "Flavored malt beverage"
means a fermented malt beverage that:
(1) contains six percent or less alcohol by volume and derives
at least 51 percent of its alcohol content by volume from the fermentation of
grain-derived carbohydrates, as long as not more than 49 percent of the
beverage's overall alcohol content is obtained from flavors and other added
nonbeverage ingredients containing alcohol; or
(2) contains more than six percent alcohol by volume that
derives not more than 1.5 percent of its overall alcohol content by volume from
flavors and other added nonbeverage ingredients containing alcohol.
(b) Flavored malt beverage does not include cider or an
alcoholic beverage obtained primarily by fermentation of rice, such as sake.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE
8
DEPARTMENT OF REVENUE MISCELLANEOUS
Section 1. Minnesota
Statutes 2005 Supplement, section 270C.01, subdivision 4, is amended to read:
Subd. 4. Electronic means; electronically. "Electronic means" and
"electronically" mean a method that is electronic, as defined in section
325L.02, paragraph (e), and that is prescribed by the commissioner. Electronic means includes the use of a
touch-tone telephone to transmit return information in a manner prescribed by
the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 270C.304, is amended to read:
270C.304 ELECTRONICALLY
FILED RETURNS; SIGNATURES.
For purposes of a law administered by the commissioner, the
name of the taxpayer, the name of the taxpayer's authorized agent, or the
taxpayer's identification number, will constitute a signature when transmitted
as part of the return information on returns filed by electronic means by the
taxpayer or at the taxpayer's direction. "Electronic means"
includes, but is not limited to, the use of a touch-tone telephone to transmit
return information in a manner prescribed by the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 270C.33, subdivision 4, is amended to read:
Subd. 4. Orders of assessment. (a) The commissioner may issue an order of
assessment in any of the following circumstances:
(1) the commissioner determines that the correct amount of
tax is different than that assessed on a return filed with the commissioner;
(2) no return has been filed and the commissioner determines
the amount of tax that should have been assessed;
(3) the commissioner determines that the correct amount of a
refundable credit is different than the amount claimed by a taxpayer. For purposes of this subdivision,
"refundable credit" means a refund benefit or credit due a person
that is unrelated to the person's liability for a tax. "Refundable
credit" does not include estimated tax payments or withholding taxes. An assessment for an overpayment of a
refundable credit may be collected in the same manner as a tax collected by the
commissioner; and
(4) the commissioner determines the correct amount of a tax
that the taxpayer is not required to assess by a return filed with the
commissioner.; and
(5) the commissioner determines that a penalty other than a
penalty for late payment of tax, late filing of a return, or failure to pay tax
by electronic means should be imposed, and the penalty is not included on an
order of assessment made under clauses (1) to (4).
(b) An order of assessment must be in writing.
(c)
An order of assessment must be signed by the commissioner or a delegate, or
have their facsimile signature, if the change in tax, excluding penalties and
interest, exceeds $1,000.
(d) An order of assessment is final when made but, as
applicable, is reviewable administratively under section 270C.35, or appealable
to Tax Court under chapter 271.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 270C.57, subdivision 3, is amended to read:
Subd. 3. Assessment; abatement; review. The commissioner may assess liability against
a successor business under this section within the time prescribed for
collecting the underlying sales and withholding taxes, interest, and
penalties. The assessment is presumed to
be valid, and the burden is upon the successor to show it is incorrect or
invalid. An order assessing successor
liability is reviewable administratively under section 270C.35 and is
appealable to Tax Court under chapter 271.
The commissioner may abate an assessment if the successor's failure to
give the notice required under this section is due to reasonable cause. The procedural and appeal provisions under
section 270C.34 apply to abatement requests under this subdivision. Collection remedies available against the
transferring business are available against the successor from the date of
assessment of successor liability.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 270C.67, subdivision 1, is amended to read:
Subdivision 1. Authority. If any tax payable to the commissioner or to
the department is not paid when due, such tax may be collected by the
commissioner within five years after the date of assessment of the tax, or if a
lien has been filed, during the period the lien is enforceable, or if the tax
judgment has been filed, within the statutory period of enforcement of a valid
tax judgment, by a levy upon all property and rights to property, including any
property in the possession of law enforcement officials, of the person liable
for the payment or collection of such tax (except that which is exempt from
execution pursuant to section 550.37) or property on which there is a lien
provided in section 270C.63. For this
purpose, "tax" includes any penalty, interest, and costs, properly
payable.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 270C.67, is amended by adding a subdivision
to read:
Subd. 1a. Exempt property. A levy under this section is not enforceable
against:
(1) a purchaser with respect to tangible personal property
purchased at retail in the ordinary course of the seller's trade or business,
unless at the time of purchase the purchaser intends the purchase to or knows
the purchase will hinder, evade, or defeat the collection of a tax; or
(2) the personal property listed as exempt in sections
550.37, 550.38, and 550.39.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 271.12, is amended to read:
271.12 WHEN ORDER EFFECTIVE.
No order for refundment by the commissioner of revenue, the
appropriate unit of government, or the Tax Court shall take effect until the
time for appeal therefrom or review thereof by all parties entitled thereto has
expired. Otherwise every order of the
commissioner, the appropriate unit of government, or the Tax Court shall take
effect immediately
upon the filing thereof, and no appeal therefrom or review thereof shall stay
the execution thereof or extend the time for payment of any tax or other
obligation unless otherwise expressly provided by law; provided, that in case
an order which has been acted upon, in whole or in part, shall thereafter be
set aside or modified upon appeal, the determination upon appeal or review
shall supersede the order appealed from and be binding upon all parties
affected thereby, and such adjustments as may be necessary to give effect
thereto shall be made accordingly; and provided further, the Tax Court may enjoin
enforcement of the order of the commissioner being appealed. If it be finally determined upon such appeal
or review that any person is entitled to refundment of any amount which has
been paid for a tax or other obligation, such amount, unless otherwise provided
by law, shall be paid to the person by the commissioner of finance, or other
proper officer, out of funds derived from taxes of the same kind, if available
for the purpose, or out of other available funds, if any, with interest at the
rate specified in section 270C.405 from the date of payment of the tax, unless
a different rate or date of accrual of interest is otherwise provided by
law, in which case such other rate or date of accrual shall apply, upon
certification by the commissioner of revenue, the appropriate unit of
government, the Tax Court or the Supreme Court.
If, within 120 days after a decision of the Tax Court becomes
final, the commissioner does not refund the overpayment determined by the
court, together with interest, on motion by the taxpayer, the Tax Court shall
have jurisdiction to order the refund of the overpayment and interest, and to
award reasonable litigation costs for bringing the motion. If any tax, assessment, or other obligation
be increased upon such appeal or review, the increase shall be added to the
original amount, and may be enforced and collected therewith.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2005 Supplement, section 289A.121, subdivision 5, is amended to read:
Subd. 5. Reportable transactions. (a) For each taxable year in which a taxpayer
must make a return or a statement under Code of Federal Regulations, title 26,
section 1.6011-4, for a reportable transaction, including a listed transaction,
in which the taxpayer participated in a taxable year for which a return is
required under chapter 290, the taxpayer must file a copy of the disclosure
with the commissioner.
(b) Any taxpayer that is a member of a unitary business group
that includes any person that must make a disclosure statement under Code of
Federal Regulations, title 26, section 1.6011-4, must file a disclosure under
this subdivision.
(c) Disclosure under this subdivision is required for any
transaction entered into after December 31, 2001, that the Internal Revenue
Service determines is a listed transaction at any time, and must be made in the
manner prescribed by the commissioner.
For transactions in which the taxpayer participated for taxable years
ending before December 31, 2005, disclosure must be made by the extended due
date of the first return required under chapter 290 that occurs 60 days or more
after July 14, 2005. With respect to
transactions in which the taxpayer participated for taxable years ending on and
after December 31, 2005, disclosure must be made in the time and manner
prescribed in Code of Federal Regulations, title 26, section 1.6011-4(e).
(d) Notwithstanding paragraphs (a) to (c), no disclosure is
required for transactions entered into after December 31, 2001, and before
January 1, 2006, if (1) the taxpayer has filed an amended income tax return
which reverses the tax benefits of the tax shelter transaction, or (2) as a
result of a federal audit the Internal Revenue Service has determined the tax
treatment of the transaction and an amended return has been filed to reflect
the federal treatment.
EFFECTIVE
DATE. This section is
effective for disclosures of reportable transactions in which the taxpayer
participated for taxable years ending before December 31, 2005.
ARTICLE
9
PUBLIC FINANCE
Section 1. Minnesota
Statutes 2004, section 103E.635, subdivision 7, is amended to read:
Subd. 7. Sale of definitive drainage bonds. The board must sell and negotiate the
definitive drainage bonds for at least their par value. The definitive bonds must be sold in
accordance with section according to sections 475.56 and 475.60.
Sec. 2. Minnesota
Statutes 2004, section 116A.20, subdivision 3, is amended to read:
Subd. 3. How payable. The bonds shall be payable at such time or
times, not to exceed (1) 30 years from their date or (2) 40 years or
the useful life of the asset, whichever is less, if financed or guaranteed by
the United States Department of Agriculture, and bear such rate or rates of
interest not exceeding eight percent per annum, payable annually or
semiannually as the county board shall by resolution determine. The years and amounts of principal maturities
shall be such as in the opinion of the county board are warranted by the
anticipated collections of the water and sewer improvement assessments without
regard to any limitations on such maturities imposed by section 475.54.
Sec. 3. Minnesota
Statutes 2004, section 162.18, subdivision 1, is amended to read:
Subdivision 1. Limitation on amount. Any city having a population of 5,000 or more
may in accordance with chapter 475, except as otherwise provided herein, issue
and sell its obligations for the purpose of establishing, locating, relocating,
constructing, reconstructing, and improving municipal state-aid streets
therein. In the resolution providing for
the issuance of the obligations, the governing body of the municipality shall
irrevocably pledge and appropriate to the sinking fund from which the obligations
are payable, an amount of the moneys allotted or to be allotted to the
municipality from its account in the municipal state-aid street fund sufficient
to pay the principal of and the interest on the obligations as they
respectively come due. The obligations
shall be issued in amounts and on terms such that the average annual amount of
principal and interest due in all subsequent calendar years on the obligations,
including any similar obligations of the municipality which are outstanding,
shall not exceed 50 90 percent of the amount of the last
annual allotment preceding the bond issue received by the municipality from the
construction account in the municipal state-aid street fund; except that the
municipality may issue general obligation bonds for said purpose, to be
purchased by it for the account of any one or more of its own funds, including
debt redemption funds, in which case such bonds shall mature in not exceeding
five years from their respective dates of issue, in principal amounts not
exceeding in any calendar year, with the principal amount of all other
municipal state-aid street obligations maturing in such year, the total amount
of the last annual allotment preceding the bond issue received by the
municipality from the construction account in the municipal state-aid street
fund. All interest on the obligations
shall be paid out of the municipality's normal maintenance account in the
municipal state-aid street fund. Any
such obligations may be made general obligations, but if moneys of the
municipality other than moneys received from the municipal state-aid street
fund, are used for payment of the obligations, the moneys so used shall be
restored to the appropriate fund from the moneys next received by the
municipality from the construction or maintenance account in the municipal
state-aid street fund which are not required to be paid into a sinking fund for
obligations.
Sec. 4. Minnesota
Statutes 2004, section 162.181, subdivision 1, is amended to read:
Subdivision 1. Limitation on amount. Except as otherwise provided herein, any
county may, in accordance with chapter 475, issue and sell its obligations, the
total amount thereof not to exceed the total of the preceding two years
state-aid allotments, for the purpose of establishing, locating, relocating,
constructing, reconstructing, and improving county state-aid highways and
constructing buildings and other facilities for maintaining county state-aid highways. In the resolution providing for the issuance
of the obligations, the county board of the county shall irrevocably pledge and
appropriate to the sinking fund from which the obligations are payable, an
amount of the money allotted or to be allotted to the county from its account
in the county state-aid highway fund sufficient to pay the principal of and the
interest on the obligations as they respectively come due. The obligations shall be issued in the
amounts and on terms such that the amount of principal and interest due in any
calendar year on the obligations, including any similar obligations of the
county which are outstanding, shall not exceed 50 90 percent of
the amount of the last annual allotment preceding the bond issue received by
the county from the construction account in the county state-aid highway
fund. All interest on the obligations
shall be paid out of the county's normal maintenance account in the county
state-aid highway fund. The obligations
may be made general obligations, but if money of the county other than money
received from the county state-aid highway fund, is used for payment of the
obligations, the money so used shall be restored to the appropriate fund from
the money next received by the county from the construction or maintenance
account in the county state-aid highway fund which is not required to be paid
into a sinking fund for obligations.
Sec. 5. Minnesota
Statutes 2004, section 273.032, is amended to read:
273.032 MARKET VALUE
DEFINITION.
For the purpose of determining any property tax levy
limitation based on market value, any net debt limit based on market value,
any limit on the issuance of bonds, certificates of indebtedness, or capital
notes based on market value, any qualification to receive state aid based
on market value, or any state aid amount based on market value, the terms
"market value," "taxable market value," and "market
valuation," whether equalized or unequalized, mean the total taxable
market value of property within the local unit of government before any
adjustments for tax increment, fiscal disparity, powerline credit, or wind
energy values, but after the limited market adjustments under section 273.11,
subdivision 1a, and after the market value exclusions of certain improvements
to homestead property under section 273.11, subdivision 16. Unless otherwise provided, "market
value," "taxable market value," and "market valuation"
for purposes of this paragraph, refer to the taxable market value for
the previous assessment year.
For the purpose of determining any net debt limit based on
market value, or any limit on the issuance of bonds, certificates of indebtedness,
or capital notes based on market value, the terms "market value,"
"taxable market value," and "market valuation," whether
equalized or unequalized, mean the total taxable market value of property
within the local unit of government before any adjustments for tax increment,
fiscal disparity, powerline credit, or wind energy values, but after the
limited market adjustments under section 273.11, subdivision 1a, and after the
market value exclusions of certain improvements to homestead property under section
273.11, subdivision 16. Unless otherwise
provided, "market value," "taxable market value," and
"market valuation" for purposes of this paragraph, mean the taxable
market value as last finally equalized.
Sec. 6. Minnesota
Statutes 2004, section 373.45, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following
terms have the meanings given.
(b) "Authority" means the Minnesota Public
Facilities Authority.
(c) "Commissioner" means the commissioner of
finance.
(d) "Debt obligation" means a general obligation
bond issued by a county, a bond to which the general obligation of a county
is pledged under section 469.034, subdivision 2, or a bond payable from a
county lease obligation under section 641.24, to provide funds for the
construction of:
(1) jails;
(2)
correctional facilities;
(3) law enforcement facilities;
(4) social services and human services facilities; or
(5) solid waste facilities; or
(6) qualified housing development projects as defined in
section 469.034, subdivision 2.
Sec. 7. Minnesota
Statutes 2004, section 469.035, is amended to read:
469.035 MANNER OF BOND
ISSUANCE; SALE.
Bonds of an authority shall be authorized by its
resolution. They may be issued in one or
more series and shall bear the date or dates, mature at the time or times, bear
interest at the rate or rates, be in the denomination or denominations, be in
the form either coupon or registered, carry the conversion or registration
privileges, have the rank or priority, be executed in the manner, be payable in
the medium of payment at the place or places, and be subject to the terms of
redemption with or without premium, as the resolution, its trust indenture or
mortgage provides. The bonds may be sold
at public or private sale at not less than par in the manner and for
the price that the authority determines to be in the best interest of the
authority. Notwithstanding any other
law, bonds issued pursuant to sections 469.001 to 469.047 shall be fully
negotiable. In any suit, action, or
proceedings involving the validity or enforceability of any bonds of an
authority or the security for the bonds, any bond reciting in substance that it
has been issued by the authority to aid in financing a project shall be conclusively
deemed to have been issued for that purpose, and the project shall be
conclusively deemed to have been planned, located, and carried out in
accordance with the purposes and provisions of sections 469.001 to 469.047.
In cities of the first class, the governing body of the city
must approve all notes executed with the Minnesota Housing Finance Agency
pursuant to this section if the interest rate on the note exceeds seven
percent.
Sec. 8. Minnesota
Statutes 2004, section 469.103, subdivision 2, is amended to read:
Subd. 2. Form.
The bonds of each series issued by the authority under this section
shall bear interest at a rate or rates, shall mature at the time or times
within 20 30 years from the date of issuance, and shall be in the
form, whether payable to bearer, registrable as to principal, or fully
registrable, as determined by the authority.
Section 469.102, subdivision 6, applies to all bonds issued under this
section, and the bonds and their coupons, if any, when payable to bearer, shall
be negotiable instruments.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 469.178, subdivision 7, is amended to read:
Subd. 7. Interfund loans. The authority or municipality may advance or
loan money to finance expenditures under section 469.176, subdivision 4, from
its general fund or any other fund under which it has legal authority to do
so. The loan or advance must be
authorized, by resolution of the governing body or of the authority,
whichever has jurisdiction over the fund from which the advance or loan is made,
before money is transferred, advanced, or spent, whichever is earliest. The resolution may generally grant to the
authority the power to make interfund loans under one or more tax increment
financing plans or for one or more districts.
The terms and conditions for repayment of the loan must be provided in
writing and include, at a minimum, the principal amount, the interest rate, and
maximum term. The maximum rate of
interest permitted to be charged is limited to the greater of the rates
specified under section 270C.40 or 549.09 as of the date or advance is made,
unless the written agreement states that the maximum interest rate will
fluctuate as the interest rates specified under section 270C.40 or 549.09 are
from time to time adjusted.
Sec.
10. Minnesota Statutes 2004, section
474A.062, is amended to read:
474A.062 HESO 120-DAY
ISSUANCE EXEMPTION.
The Minnesota Higher Education Services Office is exempt from
the 120-day issuance requirements in this chapter and may carry forward allocations
for student loan bonds into three one successive calendar years
year, subject to carryforward notice requirements of section 474A.131,
subdivision 2. The maximum cumulative
carryforward is limited to $25,000,000.
EFFECTIVE
DATE. This section is
effective for bond allocations made in 2006 and thereafter.
Sec. 11. CARVER COUNTY AUTHORITY NAME CHANGE.
The Carver County Housing and Redevelopment Authority created
under Laws 1980, chapter 482, is renamed the Carver County Community Development
Agency.
Sec. 12. CITY OF RAMSEY; GENERAL OBLIGATION
BONDS.
The governing body of the city of Ramsey or a development
authority established by the city may issue general obligation bonds to pay for
costs related to a project in an area within the city consisting of the
property defined as outlot L, Ramsey Town Center Addition and lot 2, block 1,
Ramsey Town Center Addition. Bonds
issued under this section are not subject to the net debt limit of the city
under Minnesota Statutes, section 475.53, or any other law or charter
provision.
Sec. 13. UNIFIED POOL; OFFICE OF HIGHER
EDUCATION; TEMPORARY PRIORITY.
Notwithstanding Minnesota Statutes, section 474A.091,
subdivision 3, paragraph (b), prior to October 1, 2006, only the following
applications shall be awarded allocations from the unified pool. Allocations shall be awarded in the following
order of priority:
(1) applications for student loan bonds issued by or on
behalf of the Office of Higher Education;
(2) applications for residential rental project bonds;
(3) applications for small issue bonds for manufacturing
projects; and
(4) applications for small issue bonds for agricultural
development bond loan projects.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 14. UNIFIED POOL; TEMPORARY PRIORITY CHANGE.
Notwithstanding Minnesota Statutes, section 474A.091,
subdivision 3, paragraph (c), on the first Monday in October 2006, through the
last Monday in November 2006, allocations shall be awarded from the unified
pool in the following order of priority:
(1) applications for mortgage bonds;
(2) applications for public facility projects funded by
public facility bonds;
(3) applications for small issue bonds for manufacturing
projects;
(4)
applications for small issue bonds for agricultural development bond loan
projects;
(5) applications for residential rental project bonds;
(6) applications for enterprise zone facility bonds;
(7) applications for governmental bonds; and
(8) applications for redevelopment bonds.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec. 15. UNIFIED POOL; OFFICE OF HIGHER EDUCATION
TOTAL ALLOCATION.
Notwithstanding Minnesota Statutes, section 474A.091,
subdivision 3, paragraph (i), the total amount of allocations for student loan
bonds from the unified pool in calendar year 2006 may not exceed 50 percent of
the total in the unified pool on the day after the last Monday in July, 2006.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
ARTICLE 10
TAX INCREMENT FINANCING
Section 1. Minnesota
Statutes 2005 Supplement, section 469.175, subdivision 2, is amended to read:
Subd. 2. Consultations; comment and filing. (a) Before formation of a tax increment
financing district, the authority shall provide the county auditor and clerk of
the school board with the proposed tax increment financing plan for the
district and the authority's estimate of the fiscal and economic implications
of the proposed tax increment financing district. The authority must provide the proposed tax
increment financing plan and the information on the fiscal and economic
implications of the plan to the county auditor and the clerk of the school
district board at least 30 days before the public hearing required by
subdivision 3. The information on the
fiscal and economic implications may be included in or as part of the tax
increment financing plan. The county
auditor and clerk of the school board shall provide copies to the members of
the boards, as directed by their respective boards. The 30-day requirement is waived if the
boards of the county and school district submit written comments on the
proposal and any modification of the proposal to the authority after receipt of
the information.
(b) For purposes of this subdivision, "fiscal and
economic implications of the proposed tax increment financing district"
includes:
(1) an estimate of the total amount of tax increment that
will be generated over the life of the district;
(2) a description of the probable impact of the district on
city-provided services such as police and fire protection, public
infrastructure, and borrowing costs the impact of any general
obligation tax increment bonds attributable to the district upon the
ability to issue other debt for general fund purposes;
(3) the estimated amount of tax increments over the life of
the district that would be attributable to school district levies, assuming the
school district's share of the total local tax rate for all taxing
jurisdictions remained the same;
(4) the estimated amount of tax increments over the life of
the district that would be attributable to county levies, assuming the county's
share of the total local tax rate for all taxing jurisdictions remained the
same; and
(5)
any additional information regarding the size, timing, or type of development
in the district requested by the county or the school district that would
enable it to determine additional costs that will accrue to it due to the
development proposed for the district. If
a county or school district has not adopted standard questions in a written
policy on information requested for fiscal and economic implications, a county
or school district must request additional information no later than 15 days
after receipt of the tax increment financing plan and the request does not require
an additional 30 days of notice before the public hearing.
EFFECTIVE
DATE. This section is
effective for proposed tax increment financing plans provided after June 30,
2006.
Sec. 2. Minnesota
Statutes 2004, section 469.175, subdivision 4, is amended to read:
Subd. 4. Modification of plan. (a) A tax increment financing plan may be
modified by an authority.
(b) The authority may make the following modifications only
upon the notice and after the discussion, public hearing, and findings required
for approval of the original plan:
(1) any reduction or enlargement of geographic area of the
project or tax increment financing district that does not meet the requirements
of paragraph (e);
(2) increase in amount of bonded indebtedness to be incurred;
(3) a determination to capitalize interest on the debt if that
determination was not a part of the original plan, or to increase or
decrease the amount of interest on the debt to be capitalized;
(4) increase in the portion of the captured net tax capacity
to be retained by the authority;
(5) increase in the estimate of the cost of the project,
including administrative expenses, that will be paid or financed with tax
increment from the district; or
(6) designation of additional property to be acquired by the
authority.
(c) If an authority changes the type of district to another
type of district, this change is not a modification but requires the authority
to follow the procedure set forth in sections 469.174 to 469.179 for adoption
of a new plan, including certification of the net tax capacity of the district
by the county auditor.
(d) If a redevelopment district or a renewal and renovation
district is enlarged, the reasons and supporting facts for the determination
that the addition to the district meets the criteria of section 469.174,
subdivision 10, paragraph (a), clauses (1) and (2), or subdivision 10a, must be
documented.
(e) The requirements of paragraph (b) do not apply if (1) the
only modification is elimination of parcels from the project or district and
(2)(A) the current net tax capacity of the parcels eliminated from the district
equals or exceeds the net tax capacity of those parcels in the district's
original net tax capacity or (B) the authority agrees that, notwithstanding
section 469.177, subdivision 1, the original net tax capacity will be reduced
by no more than the current net tax capacity of the parcels eliminated from the
district. The authority must notify the
county auditor of any modification that reduces or enlarges the geographic area
of a district or a project area.
(f) The geographic area of a tax increment financing district
may be reduced, but shall not be enlarged after five years following the date
of certification of the original net tax capacity by the county auditor or
after August 1, 1984, for tax increment financing districts authorized prior to
August 1, 1979.
EFFECTIVE
DATE. This section is
effective for all districts, regardless of when the request for certification
was made, and applies to plan amendments adopted after the day following final
enactment.
Sec.
3. Minnesota Statutes 2005 Supplement,
section 469.175, subdivision 5, is amended to read:
Subd. 5. Annual disclosure. An annual statement showing for each district
the information required to be reported under subdivision 6, paragraph (c),
clauses (1), (2), (3), (11), (12), (18), and (19); the amounts of tax increment
received and expended in the reporting period; and any additional information
the authority deems necessary must be published in a newspaper of general
circulation in the municipality that approved the tax increment financing
plan. The annual statement must inform
readers that additional information regarding each district may be obtained
from the authority, and must explain how the additional information may be
requested. The authority must publish
the annual statement for a year no later than August 15 of the next year. The authority must identify the newspaper of
general circulation in the municipality to which the annual statement has been
or will be submitted for publication and provide a copy of the annual statement
to the county board, the county auditor, the school board, the state
auditor, and, if the authority is other than the municipality, the governing
body of the municipality on or before August 1 of the year in which the
statement must be published.
The disclosure requirements imposed by this subdivision apply
to districts certified before, on, or after August 1, 1979.
EFFECTIVE
DATE. This section is
effective for disclosures required to be provided after June 30, 2006.
Sec. 4. Minnesota
Statutes 2004, section 469.176, subdivision 1, is amended to read:
Subdivision 1. Duration of tax increment financing
districts. (a) Subject to the
limitations contained in subdivisions 1a to 1f, any tax increment financing
district as to which bonds are outstanding, payment for which the tax increment
and other revenues have been pledged, shall remain in existence at least as
long as the bonds continue to be outstanding.
The municipality may, at the time of approval of the initial tax
increment financing plan, provide for a shorter maximum duration limit than
specified in subdivisions 1a to 1f. The
specified limit applies in place of the otherwise applicable limit, unless
the authority modifies the plan following the procedures under section 469.175,
subdivision 4, paragraph (b).
(b) The tax increment pledged to the payment of the bonds and
interest thereon may be discharged and the tax increment financing district may
be terminated if sufficient funds have been irrevocably deposited in the debt
service fund or other escrow account held in trust for all outstanding bonds to
provide for the payment of the bonds at maturity or date of redemption and
interest thereon to the maturity or redemption date.
(c) For bonds issued pursuant to section 469.178,
subdivisions 2 and 3, the full faith and credit and any taxing powers of the
municipality or authority are pledged to the payment of the bonds until the
principal of and interest on the bonds has been paid in full.
EFFECTIVE
DATE. This section is
effective for all districts, regardless of when the request for certification
was made, and applies to plan amendments adopted after the day following final
enactment.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 469.1763, subdivision 2, is amended to read:
Subd. 2. Expenditures outside district. (a) For each tax increment financing
district, an amount equal to at least 75 percent of the total revenue derived
from tax increments paid by properties in the district must be expended on
activities in the district or to pay bonds, to the extent that the proceeds of
the bonds were used to finance activities in the district or to pay, or secure
payment of, debt service on credit enhanced bonds. For districts, other than redevelopment
districts for which the request for certification was made after June 30, 1995,
the in-district percentage for purposes of the preceding sentence is 80
percent. Not more than 25 percent of the
total revenue derived from tax increments paid by properties in the district
may be expended, through a development fund or otherwise, on activities outside
of the district but within the defined geographic area of the project except to
pay, or secure
payment of, debt service on credit enhanced bonds. For districts, other than redevelopment
districts for which the request for certification was made after June 30, 1995,
the pooling percentage for purposes of the preceding sentence is 20
percent. The revenue derived from tax increments
for the district that are expended on costs under section 469.176, subdivision
4h, paragraph (b), may be deducted first before calculating the percentages
that must be expended within and without the district.
(b) In the case of a housing district, a housing project, as
defined in section 469.174, subdivision 11, is an activity in the district.
(c) All administrative expenses are for activities outside of
the district, except that if the only expenses for activities outside of the
district under this subdivision are for the purposes described in paragraph
(d), administrative expenses will be considered as expenditures for activities
in the district.
(d) The authority may elect, in the tax increment financing
plan for the district, to increase by up to ten percentage points the permitted
amount of expenditures for activities located outside the geographic area of
the district under paragraph (a). As
permitted by section 469.176, subdivision 4k, the expenditures, including the
permitted expenditures under paragraph (a), need not be made within the
geographic area of the project.
Expenditures that meet the requirements of this paragraph are legally
permitted expenditures of the district, notwithstanding section 469.176,
subdivisions 4b, 4c, and 4j. To qualify
for the increase under this paragraph, the expenditures must:
(1) be used exclusively to assist housing that meets the
requirement for a qualified low-income building, as that term is used in
section 42 of the Internal Revenue Code;
(2) not exceed the qualified basis of the housing, as defined
under section 42(c) of the Internal Revenue Code, less the amount of any credit
allowed under section 42 of the Internal Revenue Code; and
(3) be used to:
(i) acquire and prepare the site of the housing;
(ii) acquire, construct, or rehabilitate the housing; or
(iii) make public improvements directly related to the
housing.
(e) For a district created within a biotechnology and health
sciences industry zone as defined in section 469.330, subdivision 6, or for
an existing district located within such a zone, tax increment derived from
such a district may be expended outside of the district but within the zone
only for expenditures required for the construction of public infrastructure
necessary to support the activities of the zone. Public infrastructure expenditures are
considered as expenditures for activities within the district.
EFFECTIVE
DATE. This section
applies to all districts, regardless of when the request for certification was
made.
Sec. 6. Minnesota
Statutes 2004, section 469.1763, subdivision 3, is amended to read:
Subd. 3. Five-year rule. (a) Revenues derived from tax increments are
considered to have been expended on an activity within the district under
subdivision 2 only if one of the following occurs:
(1) before or within five years after certification of the
district, the revenues are actually paid to a third party with respect to the
activity;
(2)
bonds, the proceeds of which must be used to finance the activity, are issued and
sold to a third party before or within five years after certification, the
revenues are spent to repay the bonds, and the proceeds of the bonds either
are, on the date of issuance, reasonably expected to be spent before the end of
the later of (i) the five-year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under section 148(c)(1) of the
Internal Revenue Code, or are deposited in a reasonably required reserve or
replacement fund;
(3) binding contracts with a third party are entered into for
performance of the activity before or within five years after certification of
the district and the revenues are spent under the contractual obligation;
(4) costs with respect to the activity are paid before or
within five years after certification of the district and the revenues are
spent to reimburse a party for payment of the costs, including interest on
unreimbursed costs; or
(5) expenditures are made for housing purposes as permitted by
subdivision 2, paragraph paragraphs (b) and (d), or for public
infrastructure purposes within a zone as permitted by subdivision 2, paragraph
(e).
(b) For purposes of this subdivision, bonds include subsequent
refunding bonds if the original refunded bonds meet the requirements of paragraph
(a), clause (2).
Sec. 7. Minnesota
Statutes 2004, section 469.1763, subdivision 4, is amended to read:
Subd. 4. Use of revenues for decertification. (a) In each year beginning with the sixth
year following certification of the district, if the applicable in-district
percent of the revenues derived from tax increments paid by properties in the
district exceeds the amount of expenditures that have been made for costs
permitted under subdivision 3, an amount equal to the difference between the
in-district percent of the revenues derived from tax increments paid by
properties in the district and the amount of expenditures that have been made
for costs permitted under subdivision 3 must be used and only used to pay or
defease the following or be set aside to pay the following:
(1) outstanding bonds, as defined in subdivision 3, paragraphs
(a), clause (2), and (b);
(2) contracts, as defined in subdivision 3, paragraph (a),
clauses (3) and (4); or
(3) credit enhanced bonds to which the revenues derived from
tax increments are pledged, but only to the extent that revenues of the
district for which the credit enhanced bonds were issued are insufficient to
pay the bonds and to the extent that the increments from the applicable pooling
percent share for the district are insufficient; or
(4) the amount provided by the tax increment financing plan to
be paid under subdivision 2, paragraphs (b), (d), and (e).
(b) The district must be decertified and the pledge of tax
increment discharged when the outstanding bonds have been defeased and when
sufficient money has been set aside to pay, based on the increment to be
collected through the end of the calendar year, the following amounts:
(1) contractual obligations as defined in subdivision 3,
paragraph (a), clauses (3) and (4), the district must be decertified and the
pledge of tax increment discharged.;
(2) the amount specified in the tax increment financing plan
for activities qualifying under subdivision 2, paragraph (b), that have not
been funded with the proceeds of bonds qualifying under paragraph (a), clause
(1); and
(3) the additional expenditures permitted by the tax increment
financing plan for housing activities under an election under subdivision 2,
paragraph (d), that have not been funded with the proceeds of bonds qualifying
under paragraph (a), clause (1).
EFFECTIVE
DATE. This section is
effective for districts for which the request for certification was made after
April 30, 1990.
Sec.
8. Minnesota Statutes 2005 Supplement,
section 469.1763, subdivision 6, is amended to read:
Subd. 6. Pooling permitted for deficits. (a) This subdivision applies only to
districts for which the request for certification was made before August 1,
2001, and without regard to whether the request for certification was made
prior to August 1, 1979.
(b) The municipality for the district may transfer available
increments from another tax increment financing district located in the
municipality, if the transfer is necessary to eliminate a deficit in the
district to which the increments are transferred. The municipality may transfer increments
as provided by this subdivision without regard to whether the transfer or
expenditure is authorized by the tax increment financing plan for the district
from which the transfer is made. A
deficit in the district for purposes of this subdivision means the lesser of
the following two amounts:
(1)(i) the amount due during the calendar year to pay
preexisting obligations of the district; minus
(ii) the total increments collected or to be collected from
properties located within the district that are available for the calendar year
including amounts collected in prior years that are currently available; plus
(iii) total increments from properties located in other
districts in the municipality including amounts collected in prior years that
are available to be used to meet the district's obligations under this section,
excluding this subdivision, or other provisions of law (but excluding a special
tax under section 469.1791 and the grant program under Laws 1997, chapter 231,
article 1, section 19, or Laws 2001, First Special Session chapter 5); or
(2) the reduction in increments collected from properties
located in the district for the calendar year as a result of the changes in
class rates in Laws 1997, chapter 231, article 1; Laws 1998, chapter 389,
article 2; and Laws 1999, chapter 243, and Laws 2001, First Special Session
chapter 5, or the elimination of the general education tax levy under Laws
2001, First Special Session chapter 5.
The authority may compute the deficit amount under clause (1)
only (without regard to the limit under clause (2)) if the authority makes
an irrevocable commitment, by resolution, to use increments from the district
to which increments are to be transferred and any transferred increments are
only used to pay preexisting obligations and administrative expenses for the
district that are required to be paid under section 469.176, subdivision 4h,
paragraph (a).
(c) A preexisting obligation means:
(1) bonds issued and sold before August 1, 2001, or bonds
issued pursuant to a binding contract requiring the issuance of bonds entered
into before July 1, 2001, and bonds issued to refund such bonds or to reimburse
expenditures made in conjunction with a signed contractual agreement entered
into before August 1, 2001, to the extent that the bonds are secured by a
pledge of increments from the tax increment financing district; and
(2) binding contracts entered into before August 1, 2001, to
the extent that the contracts require payments secured by a pledge of
increments from the tax increment financing district.
(d) The municipality may require a development authority,
other than a seaway port authority, to transfer available increments including
amounts collected in prior years that are currently available for any of its
tax increment financing districts in the municipality to make up an
insufficiency in another district in the municipality, regardless of whether
the district was established by the development authority or another
development authority. This authority
applies notwithstanding any law to the contrary, but applies only to a
development authority that:
(1) was established by the municipality; or
(2)
the governing body of which is appointed, in whole or part, by the municipality
or an officer of the municipality or which consists, in whole or part, of
members of the governing body of the municipality. The municipality may use this authority only
after it has first used all available increments of the receiving development
authority to eliminate the insufficiency and exercised any permitted action
under section 469.1792, subdivision 3, for preexisting districts of the
receiving development authority to eliminate the insufficiency.
(e) The authority under this subdivision to spend tax
increments outside of the area of the district from which the tax increments
were collected:
(1) is an exception to the restrictions under section
469.176, subdivisions 4b, 4c, 4d, 4e, 4i, and 4j; the expenditure limits under
section 469.176, subdivision 1c; and the other provisions of this section; and
the percentage restrictions under subdivision 2 must be calculated after
deducting increments spent under this subdivision from the total increments for
the district; and
(2) applies notwithstanding the provisions of the Tax
Increment Financing Act in effect for districts for which the request for
certification was made before June 30, 1982, or any other law to the contrary.
(f) If a preexisting obligation requires the development
authority to pay an amount that is limited to the increment from the district
or a specific development within the district and if the obligation requires
paying a higher amount to the extent that increments are available, the
municipality may determine that the amount due under the preexisting obligation
equals the higher amount and may authorize the transfer of increments under
this subdivision to pay up to the higher amount. The existence of a guarantee of obligations
by the individual or entity that would receive the payment under this paragraph
is disregarded in the determination of eligibility to pool under this
subdivision. The authority to transfer
increments under this paragraph may only be used to the extent that the payment
of all other preexisting obligations in the municipality due during the
calendar year have been satisfied.
(g) For transfers of increments made in calendar year 2005
and later, the reduction in increments as a result of the elimination of the
general education tax levy for purposes of paragraph (b), clause (2), for a
taxes payable year equals the general education tax rate for the school
district under Minnesota Statutes 2000, section 273.1382, subdivision 1, for
taxes payable in 2001, multiplied by the captured tax capacity of the district
for the current taxes payable year.
EFFECTIVE
DATE. This section is
effective for all districts, regardless of when the request for certification
was made, and applies retroactively to any transfer made under subdivision 6.
Sec. 9. Minnesota
Statutes 2005 Supplement, section 469.177, subdivision 1, is amended to read:
Subdivision 1. Original net tax capacity. (a) Upon or after adoption of a tax increment
financing plan, the auditor of any county in which the district is situated shall,
upon request of the authority, certify the original net tax capacity of the tax
increment financing district and that portion of the district overlying any
subdistrict as described in the tax increment financing plan and shall certify
in each year thereafter the amount by which the original net tax capacity has
increased or decreased as a result of a change in tax exempt status of property
within the district and any subdistrict, reduction or enlargement of the
district or changes pursuant to subdivision 4.
(b) If the classification under section 273.13 of property
located in a district changes to a classification that has a different
assessment ratio, the original net tax capacity of that property must be
redetermined at the time when its use is changed as if the property had
originally been classified in the same class in which it is classified after
its use is changed.
(c)
The amount to be added to the original net tax capacity of the district as a
result of previously tax exempt real property within the district becoming
taxable equals the net tax capacity of the real property as most recently
assessed pursuant to section 273.18 or, if that assessment was made more than
one year prior to the date of title transfer rendering the property taxable,
the net tax capacity assessed by the assessor at the time of the transfer. If improvements are made to tax exempt
property after certification of the municipality approves the
district and before the parcel becomes taxable, the assessor shall, at the
request of the authority, separately assess the estimated market value of the
improvements. If the property becomes
taxable, the county auditor shall add to original net tax capacity, the net tax
capacity of the parcel, excluding the separately assessed improvements. If substantial taxable improvements were made
to a parcel after certification of the district and if the property later
becomes tax exempt, in whole or part, as a result of the authority acquiring
the property through foreclosure or exercise of remedies under a lease or other
revenue agreement or as a result of tax forfeiture, the amount to be added to
the original net tax capacity of the district as a result of the property again
becoming taxable is the amount of the parcel's value that was included in
original net tax capacity when the parcel was first certified. The amount to be added to the original net
tax capacity of the district as a result of enlargements equals the net tax
capacity of the added real property as most recently certified by the commissioner
of revenue as of the date of modification of the tax increment financing plan
pursuant to section 469.175, subdivision 4.
(d) If the net tax capacity of a property increases because
the property no longer qualifies under the Minnesota Agricultural Property Tax
Law, section 273.111; the Minnesota Open Space Property Tax Law, section
273.112; or the Metropolitan Agricultural Preserves Act, chapter 473H, or
because platted, unimproved property is improved or market value is increased
after approval of the plat under section 273.11, subdivision 14, 14a, or 14b,
the increase in net tax capacity must be added to the original net tax
capacity.
(e) The amount to be subtracted from the original net tax
capacity of the district as a result of previously taxable real property within
the district becoming tax exempt, or a reduction in the geographic area of the
district, shall be the amount of original net tax capacity initially attributed
to the property becoming tax exempt or being removed from the district. If the net tax capacity of property located
within the tax increment financing district is reduced by reason of a
court-ordered abatement, stipulation agreement, voluntary abatement made by the
assessor or auditor or by order of the commissioner of revenue, the reduction
shall be applied to the original net tax capacity of the district when the
property upon which the abatement is made has not been improved since the date
of certification of the district and to the captured net tax capacity of the district
in each year thereafter when the abatement relates to improvements made after
the date of certification. The county
auditor may specify reasonable form and content of the request for
certification of the authority and any modification thereof pursuant to section
469.175, subdivision 4.
(f) If a parcel of property contained a substandard building
that was demolished or removed and if the authority elects to treat the parcel
as occupied by a substandard building under section 469.174, subdivision 10, paragraph
(b), the auditor shall certify the original net tax capacity of the parcel
using the greater of (1) the current net tax capacity of the parcel, or (2) the
estimated market value of the parcel for the year in which the building was
demolished or removed, but applying the class rates for the current year.
(g) For a redevelopment district qualifying under section
469.174, subdivision 10, paragraph (a), clause (4), as a qualified disaster
area, the auditor shall certify the value of the land as the original tax
capacity for any parcel in the district that contains a building that suffered
substantial damage as a result of the disaster or emergency.
EFFECTIVE
DATE. This section is
effective for improvements made to tax exempt property made after June 30,
2006.
Sec. 10. Minnesota
Statutes 2004, section 469.1771, subdivision 2a, is amended to read:
Subd. 2a. Suspension of distribution of tax
increment. (a) If an authority fails
to make a disclosure or to submit a report containing the information required
by section 469.175, subdivisions 5 and 6, regarding a tax increment financing
district within the time provided in section 469.175, subdivisions 5 and 6, the
state auditor shall mail to the authority a written notice that it or the
municipality has failed to make the required disclosure or to submit
a required report with respect to a particular district. The state auditor shall mail the notice on or
before the third Tuesday of August of the year in which the disclosure or
report was required to be made or submitted.
The notice must describe the consequences of failing to disclose or
submit a report as provided in paragraph (b).
If the state auditor has not received a copy of a disclosure or a report
described in this paragraph on or before the third Tuesday of November
first day of October of the year in which the disclosure or report was
required to be made or submitted, the state auditor shall mail a written notice
to the county auditor to hold the distribution of tax increment from a
particular district.
(b) Upon receiving written notice from the state auditor to
hold the distribution of tax increment, the county auditor shall hold:
(1) 25 100 percent of the amount of tax
increment that otherwise would be distributed, if the distribution is made
after the third Friday in November first day of October but
during the year in which the disclosure or report was required to be made or
submitted; or
(2) 100 percent of the amount of tax increment that otherwise
would be distributed, if the distribution is made after December 31 of the year
in which the disclosure or report was required to be made or submitted.
(c) Upon receiving the copy of the disclosure and all of the
reports described in paragraph (a) with respect to a district regarding which
the state auditor has mailed to the county auditor a written notice to hold
distribution of tax increment, the state auditor shall mail to the county
auditor a written notice lifting the hold and authorizing the county auditor to
distribute to the authority or municipality any tax increment that the county
auditor had held pursuant to paragraph (b).
The state auditor shall mail the written notice required by this
paragraph within five working days after receiving the last outstanding
item. The county auditor shall
distribute the tax increment to the authority or municipality within 15 working
days after receiving the written notice required by this paragraph.
(d) Notwithstanding any law to the contrary, any interest
that accrues on tax increment while it is being held by the county auditor
pursuant to paragraph (b) is not tax increment and may be retained by the
county.
(e) For purposes of sections 469.176, subdivisions 1a to 1g,
and 469.177, subdivision 11, tax increment being held by the county auditor pursuant
to paragraph (b) is considered distributed to or received by the authority or
municipality as of the time that it would have been distributed or received but
for paragraph (b).
EFFECTIVE
DATE. This section is
effective for disclosures and reports required to be filed after
December 30, 2006.
Sec. 11. Minnesota
Statutes 2004, section 475.58, subdivision 1, is amended to read:
Subdivision 1. Approval by electors; exceptions. Obligations authorized by law or charter may
be issued by any municipality upon obtaining the approval of a majority of the
electors voting on the question of issuing the obligations, but an election
shall not be required to authorize obligations issued:
(1) to pay any unpaid judgment against the municipality;
(2) for refunding obligations;
(3) for an improvement or improvement program, which
obligation is payable wholly or partly from the proceeds of special assessments
levied upon property specially benefited by the improvement or by an
improvement within the improvement program, or subdivision
25, including obligations which are the general obligations of the
municipality, if the municipality is entitled to reimbursement in whole or in
part from the proceeds of such special assessments or of taxes levied upon the
increased value of property within a district for the development of which the
improvement is undertaken from tax increments, as defined in section
469.174, taxes tax
increments and not less than 20 percent of the cost of the improvement or
the improvement program is to be assessed against benefited property or is to
be paid from the proceeds of federal grant funds or a combination thereof, or
is estimated to be received from such taxes within the district tax
increments;
(4) payable wholly from the income of revenue producing
conveniences;
(5) under the provisions of a home rule charter which permits
the issuance of obligations of the municipality without election;
(6) under the provisions of a law which permits the issuance
of obligations of a municipality without an election;
(7) to fund pension or retirement fund liabilities pursuant
to section 475.52, subdivision 6;
(8) under a capital improvement plan under section 373.40;
and
(9) under sections 469.1813 to 469.1815 (property tax
abatement authority bonds), if the proceeds of the bonds are not used for a
purpose prohibited under section 469.176, subdivision 4g, paragraph (b).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. BURNSVILLE; HEART OF THE CITY TAX INCREMENT
FINANCING DISTRICT.
Notwithstanding any contrary provision of law, the five-year
rule under Minnesota Statutes, section 469.1763, subdivisions 3 and 4, is
extended to ten years for tax increment derived from the parcel described as
Lot 2, Block 1, Nicollet Commons Park within tax increment financing District
No. 6 established by the city and its economic development authority on April
15, 2002.
EFFECTIVE
DATE. This section is
effective upon compliance with Minnesota Statutes, section 645.021, subdivision
3.
Sec. 13. CITY OF DETROIT LAKES; REDEVELOPMENT TAX
INCREMENT FINANCING DISTRICT.
Subdivision 1.
Authorization. At the election of the governing body of
the city of Detroit Lakes, upon adoption of the tax increment financing plan
for the district described in this section, the rules provided under this
section apply to each such district.
Subd. 2. Definition. In this section, "district"
means a redevelopment district established by the city of Detroit Lakes or the
Detroit Lakes Development Authority within the following area:
Beginning at the intersection of Washington Avenue and the
Burlington Northern Santa Fe railroad then east to the intersection of
Roosevelt Avenue then south to the intersection of Highway 10/Frazee Street
then west to the intersection of Frazee Street and the alley that parallels
Washington Avenue then north to the point of beginning.
More than one district may be created under this section.
Subd. 3. Qualification as redevelopment district;
special rules. The city may
qualify the district as a redevelopment district under Minnesota Statutes,
section 469.174, subdivision 10, applying the rules under this subdivision:
(1)
All buildings that are removed to facilitate the Highway 10 Realignment Project
are deemed to be "structurally substandard."
(2) The three-year limit after demolition of the buildings to
request tax increment financing certification provided in Minnesota Statutes,
section 469.174, subdivision 10, paragraph (d), clause (1), does not apply.
Subd. 4. Expiration. The authority to approve tax increment
financing plans to establish a tax increment financing redevelopment district
subject to this section expires on December 31, 2014.
Subd. 5. Effective date. This section is effective upon approval of
the governing body of the city of Detroit Lakes and compliance with Minnesota
Statutes, section 645.021, subdivision 3.
Sec. 14. CITY OF MINNEAPOLIS; HOMELESS ASSISTANCE
TAX INCREMENT DISTRICT.
Subdivision 1.
Definitions. (a) "City" means the city of
Minneapolis.
(b) "Homeless assistance tax increment district"
means a contiguous area of the city that:
(1) is no larger than six acres;
(2) is located within the boundaries of a city municipal
development district; and
(3) contains at least two shelters for homeless persons that
have been owned or operated by nonprofit corporations that (i) are qualified
charitable organizations under section 501(c)(3) of the United States Internal
Revenue Code, (ii) have operated such homeless facilities within the district
for at least five years, and (iii) have been recipients of emergency services
grants under Minnesota Statutes, section 256E.36.
Subd. 2. Establishment of tax increment district. The city may create one homeless
assistance tax increment district. To
establish the homeless assistance tax increment district, the city shall adopt
a homeless assistance tax increment plan and otherwise comply with the
requirements of Minnesota Statutes, section 469.175, except that the
determinations required in Minnesota Statutes, section 469.175, subdivision 3,
paragraph (b), clauses (1) and (2), items (i) and (ii), are not required.
Subd. 3. Application of tax increment law. Minnesota Statutes, sections 469.174 to
469.179, shall apply to the administration of the district, except:
(1) as this section provides otherwise; and
(2) with respect to the portion of the increment to be
expended for homeless shelter and services pursuant to subdivision 5, paragraph
(b):
(i) the use for which tax increment that may be expended is
as provided by subdivision 5; and
(ii) Minnesota Statutes, sections 469.1761 and 469.1763, do
not apply.
Subd. 4. Duration limitation. No tax increment generated by the district
shall be paid to the city after the expiration of 25 years from the receipt by
the city of the first increment from that district.
Subd. 5. Limitations on use of increment. (a) All increment received by the city
from the district shall be used in accordance with the homeless assistance tax
increment district plan.
(b)
No less than 50 percent of the increment, after deduction of allowable
administrative expenses under Minnesota Statutes, section 469.176, subdivision
3, shall be used to provide emergency shelter and services for homeless persons
within and outside the district.
(c) The remainder of the tax increment derived from the
district shall be used for purposes allowed under Minnesota Statutes, section
469.176, subdivision 4.
Subd. 6. Applicability of other laws. References in Minnesota Statutes to tax
increment financing districts created and tax increment generated under
Minnesota Statutes, sections 469.174 to 469.179, include the homeless
assistance district and tax increment subject to this section.
EFFECTIVE
DATE. This section is
effective upon compliance by the city of Minneapolis with Minnesota Statutes,
section 645.021.
Sec. 15. CITY OF FARIBAULT; TIF EXTENSION.
Notwithstanding the provisions of Minnesota Statutes, section
469.176, subdivision 1b, or any other law to the contrary, the governing bodies
of the city of Faribault and its economic development authority may elect to
extend the duration of tax increment financing district No. 5-1 by two
additional years through taxes payable in 2008.
Additional increments resulting from an extension authorized by this
section must be used to pay the city's bonds issued for redevelopment project
No. 5 or to reimburse the guarantor for payments made to pay the bonds. Any amounts in excess of those necessary to
pay those amounts must be returned as excess increments under Minnesota
Statutes, section 469.176, subdivision 2.
EFFECTIVE
DATE. This section is
effective upon compliance by the governing body of the city of Faribault with
the requirements of Minnesota Statutes, section 645.021, and by the governing
bodies of the county, city, and school district with the requirements of
Minnesota Statutes, section 469.1782, subdivision 2.
Sec. 16. BROOKLYN PARK; TIF.
Subdivision 1.
Duration limit extension. Notwithstanding Minnesota Statutes,
section 469.176, subdivision 1b, or any other law to the contrary, the
governing body of the city of Brooklyn Park may extend the duration limit of
the district established under Laws 1994, chapter 587, article 9, section 20,
by up to five additional years beyond the limit permitted under Laws 2005,
chapter 152, article 3, section 29. If
the city extends the duration of the district under this authority, all of the
increment received after December 31, 2006, must be deposited in the housing
development account of the authority.
Subd. 2. Housing districts; authority to
establish. (a) The governing
body of the city of Brooklyn Park and an authority of the city, as defined in
Minnesota Statutes, section 469.174, subdivision 2, may establish up to six
housing tax increment financing districts under the provisions of this
section. To qualify under this
authority, a district must be located within the boundaries of the city and at
least 75 percent of the parcels in each district must consist of either vacant
land or contain a property or properties classified under Minnesota Statutes,
section 273.13, subdivision 25, as class 4a, 4b, or 4d, that were originally
constructed before 1975.
(b) The districts are subject to all of the applicable rules
under Minnesota Statutes, sections 469.174 through 469.1799, except that for
property or properties classified under Minnesota Statutes, section 273.13,
subdivision 25, as class 4a, 4b, or 4d, that were originally constructed before
1975, the county auditor shall certify the original net tax capacity of the
parcel under Minnesota Statutes, section 469.177, subdivision 1, based only on
the net tax capacity of the value of the land.
(c)
The authority to establish districts under this subdivision expires on December
31, 2011.
EFFECTIVE
DATE. This section is
effective upon compliance by the governing body of the city of Brooklyn Park
with the provisions of Minnesota Statutes, section 469.021, except subdivision
1 is effective only upon compliance by the governing bodies of the county and
school district with the provisions of Minnesota Statutes, section 469.1782,
subdivision 2.
Sec. 17. REPEALER; DISTRIBUTION OF CERTAIN
BURNSVILLE TAX INCREMENTS.
Laws 1998, chapter 389, article 11, section 18, is
repealed. The balance of tax increments
derived from tax increment financing district no. 2-1 as of the effective date
of this act must be returned to the county for distribution in accordance with
Minnesota Statutes, section 469.176, subdivision 2.
EFFECTIVE
DATE. This section is
effective upon compliance with Minnesota Statutes, section 645.021, subdivision
3.
ARTICLE 11
AIDS AND CREDITS
Section 1. Minnesota
Statutes 2005 Supplement, section 477A.011, subdivision 36, is amended to read:
Subd. 36. City aid base. (a) Except as otherwise provided in this
subdivision, "city aid base" is zero.
(b) The city aid base for any city with a population less
than 500 is increased by $40,000 for aids payable in calendar year 1995 and
thereafter, and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, paragraph (c), is also increased by $40,000 for aids
payable in calendar year 1995 only, provided that:
(i) the average total tax capacity rate for taxes payable in
1995 exceeds 200 percent;
(ii) the city portion of the tax capacity rate exceeds 100
percent; and
(iii) its city aid base is less than $60 per capita.
(c) The city aid base for a city is increased by $20,000 in
1998 and thereafter and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $20,000 in
calendar year 1998 only, provided that:
(i) the city has a population in 1994 of 2,500 or more;
(ii) the city is located in a county, outside of the
metropolitan area, which contains a city of the first class;
(iii) the city's net tax capacity used in calculating its
1996 aid under section 477A.013 is less than $400 per capita; and
(iv) at least four percent of the total net tax capacity, for
taxes payable in 1996, of property located in the city is classified as
railroad property.
(d) The city aid base for a city is increased by $200,000 in
1999 and thereafter and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $200,000
in calendar year 1999 only, provided that:
(i)
the city was incorporated as a statutory city after December 1, 1993;
(ii) its city aid base does not exceed $5,600; and
(iii) the city had a population in 1996 of 5,000 or more.
(e) The city aid base for a city is increased by $450,000 in
1999 to 2008 and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, paragraph (c), is also increased by $450,000 in
calendar year 1999 only, provided that:
(i) the city had a population in 1996 of at least 50,000;
(ii) its population had increased by at least 40 percent in
the ten-year period ending in 1996; and
(iii) its city's net tax capacity for aids payable in 1998 is
less than $700 per capita.
(f) The city aid base for a city is increased by $150,000 for
aids payable in 2000 and thereafter, and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $150,000 in calendar year 2000 only, provided that:
(1) the city has a population that is greater than 1,000 and
less than 2,500;
(2) its commercial and industrial percentage for aids payable
in 1999 is greater than 45 percent; and
(3) the total market value of all commercial and industrial
property in the city for assessment year 1999 is at least 15 percent less than
the total market value of all commercial and industrial property in the city
for assessment year 1998.
(g) The city aid base for a city is increased by $200,000 in
2000 and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $200,000
in calendar year 2000 only, provided that:
(1) the city had a population in 1997 of 2,500 or more;
(2) the net tax capacity of the city used in calculating its
1999 aid under section 477A.013 is less than $650 per capita;
(3) the pre-1940 housing percentage of the city used in
calculating 1999 aid under section 477A.013 is greater than 12 percent;
(4) the 1999 local government aid of the city under section
477A.013 is less than 20 percent of the amount that the formula aid of the city
would have been if the need increase percentage was 100 percent; and
(5) the city aid base of the city used in calculating aid
under section 477A.013 is less than $7 per capita.
(h) The city aid base for a city is increased by $102,000 in
2000 and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $102,000
in calendar year 2000 only, provided that:
(1) the city has a population in 1997 of 2,000 or more;
(2)
the net tax capacity of the city used in calculating its 1999 aid under section
477A.013 is less than $455 per capita;
(3) the net levy of the city used in calculating 1999 aid
under section 477A.013 is greater than $195 per capita; and
(4) the 1999 local government aid of the city under section
477A.013 is less than 38 percent of the amount that the formula aid of the city
would have been if the need increase percentage was 100 percent.
(i) The city aid base for a city is increased by $32,000 in
2001 and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $32,000 in
calendar year 2001 only, provided that:
(1) the city has a population in 1998 that is greater than
200 but less than 500;
(2) the city's revenue need used in calculating aids payable
in 2000 was greater than $200 per capita;
(3) the city net tax capacity for the city used in
calculating aids available in 2000 was equal to or less than $200 per capita;
(4) the city aid base of the city used in calculating aid
under section 477A.013 is less than $65 per capita; and
(5) the city's formula aid for aids payable in 2000 was
greater than zero.
(j) The city aid base for a city is increased by $7,200 in
2001 and thereafter, and the maximum amount of total aid it may receive under
section 477A.013, subdivision 9, paragraph (c), is also increased by $7,200 in
calendar year 2001 only, provided that:
(1) the city had a population in 1998 that is greater than
200 but less than 500;
(2) the city's commercial industrial percentage used in
calculating aids payable in 2000 was less than ten percent;
(3) more than 25 percent of the city's population was 60
years old or older according to the 1990 census;
(4) the city aid base of the city used in calculating aid
under section 477A.013 is less than $15 per capita; and
(5) the city's formula aid for aids payable in 2000 was
greater than zero.
(k) The city aid base for a city is increased by $45,000 in
2001 and thereafter and by an additional $50,000 in calendar years 2002 to
2011, and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, paragraph (c), is also increased by $45,000 in
calendar year 2001 only, and by $50,000 in calendar year 2002 only, provided
that:
(1) the net tax capacity of the city used in calculating its
2000 aid under section 477A.013 is less than $810 per capita;
(2) the population of the city declined more than two percent
between 1988 and 1998;
(3) the net levy of the city used in calculating 2000 aid
under section 477A.013 is greater than $240 per capita; and
(4)
the city received less than $36 per capita in aid under section 477A.013,
subdivision 9, for aids payable in 2000.
(l) The city aid base for a city with a population of 10,000
or more which is located outside of the seven-county metropolitan area is
increased in 2002 and thereafter, and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (b) or (c), is also
increased in calendar year 2002 only, by an amount equal to the lesser of:
(1)(i) the total population of the city, as determined by the
United States Bureau of the Census, in the 2000 census, (ii) minus 5,000, (iii)
times 60; or
(2) $2,500,000.
(m) The city aid base is increased by $50,000 in 2002 and
thereafter, and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, paragraph (c), is also increased by $50,000 in
calendar year 2002 only, provided that:
(1) the city is located in the seven-county metropolitan
area;
(2) its population in 2000 is between 10,000 and 20,000; and
(3) its commercial industrial percentage, as calculated for
city aid payable in 2001, was greater than 25 percent.
(n) The city aid base for a city is increased by $150,000 in
calendar years 2002 to 2011 and the maximum amount of total aid it may receive
under section 477A.013, subdivision 9, paragraph (c), is also increased by
$150,000 in calendar year 2002 only, provided that:
(1) the city had a population of at least 3,000 but no more
than 4,000 in 1999;
(2) its home county is located within the seven-county
metropolitan area;
(3) its pre-1940 housing percentage is less than 15 percent;
and
(4) its city net tax capacity per capita for taxes payable in
2000 is less than $900 per capita.
(o) The city aid base for a city is increased by $200,000
beginning in calendar year 2003 and the maximum amount of total aid it may
receive under section 477A.013, subdivision 9, paragraph (c), is also increased
by $200,000 in calendar year 2003 only, provided that the city qualified for an
increase in homestead and agricultural credit aid under Laws 1995, chapter 264,
article 8, section 18.
(p) The city aid base for a city is increased by $200,000 in
2004 only and the maximum amount of total aid it may receive under section
477A.013, subdivision 9, is also increased by $200,000 in calendar year 2004
only, if the city is the site of a nuclear dry cask storage facility.
(q) The city aid base for a city is increased by $10,000 in
2004 and thereafter and the maximum total aid it may receive under section
477A.013, subdivision 9, is also increased by $10,000 in calendar year 2004
only, if the city was included in a federal major disaster designation issued
on April 1, 1998, and its pre-1940 housing stock was decreased by more than 40
percent between 1990 and 2000.
(r)
The city aid base for a city is increased by $25,000 in 2006 only and the
maximum total aid it may receive under section 477A.013, subdivision 9, is also
increased by $25,000 in calendar year 2006 only if the city had a population in
2003 of at least 1,000 and has a state park for which the city provides rescue
services and which comprised at least 14 percent of the total geographic area
included within the city boundaries in 2000.
(s) The city aid base for a city with a population less than
5,000 is increased in 2006 and thereafter and the minimum and maximum amount of
total aid it may receive under this section is also increased in calendar year
2006 only by an amount equal to $6 multiplied by its population.
(t) The city aid base for a city is increased by $80,000 in
2007 only and the minimum and maximum amount of total aid it may receive under
section 477A.013, subdivision 9, is also increased by $80,000 in calendar year
2007 only, if:
(1) as of May 1, 2006, at least 25 percent of the tax
capacity of the city is proposed to be placed in trust status as tax-exempt
Indian land;
(2) the placement of the land is being challenged
administratively or in court; and
(3) due to the challenge, the land proposed to be placed in
trust is still on the tax rolls as of May 1, 2006.
(u) the city aid base for a city is increased by $100,000 in
2007 and thereafter and the minimum and maximum total amount of aid it may
receive under this section is also increased in calendar year 2007 only,
provided that:
(1) the city has a 2004 estimated population greater than 200
but less than 2,000;
(2) its city net tax capacity for aids payable in 2006 was
less than $300 per capita;
(3) the ratio of its pay 2005 tax levy compared to its city
net tax capacity for aids payable in 2006 was greater than 110 percent; and
(4) it is located in a county where at least 15,000 acres of
land are classified as tax-exempt Indian reservations according to the 2004
abstract of tax-exempt property.
EFFECTIVE
DATE. This section is
effective beginning with aids payable in 2007.
Sec. 2. Minnesota
Statutes 2004, section 477A.013, subdivision 9, is amended to read:
Subd. 9. City aid distribution. (a) In calendar year 2002 and thereafter,
each city shall receive an aid distribution equal to the sum of (1) the city
formula aid under subdivision 8, and (2) its city aid base.
(b) The aid for a city in calendar year 2004 shall not exceed
the amount of its aid in calendar year 2003 after the reductions under Laws
2003, First Special Session chapter 21, article 5.
(c) (b) For aids payable in 2005 and
thereafter, the total aid for any city shall not exceed the sum of (1) ten
percent of the city's net levy for the year prior to the aid distribution plus
(2) its total aid in the previous year.
For aids payable in 2005 and thereafter, the total aid for any city with
a population of 2,500 or more may not decrease from its total aid under this
section in the previous year by an amount greater than ten percent of its net
levy in the year prior to the aid distribution.
(d) (c) For aids
payable in 2004 only, the total aid for a city with a population less than
2,500 may not be less than the amount it was certified to receive in 2003 minus
the greater of (1) the reduction to this aid payment in 2003 under Laws 2003,
First Special Session chapter 21, article 5, or (2) five percent of its 2003
aid amount. For aids payable in 2005 and
thereafter, the total aid for a city with a population less than 2,500 must not
be less than the amount it was certified to receive in the previous year minus
five percent of its 2003 certified aid amount.
(d) If a city's net tax capacity used in calculating aid
under this section has decreased in any year by more than 25 percent from its
net tax capacity in the previous year due to property becoming tax-exempt
Indian land, the city's maximum allowed aid increase under paragraph (b) shall
be increased by an amount equal to (1) the city's tax rate in the year of the
aid calculation, multiplied by (2) the amount of its net tax capacity decrease
resulting from the property becoming tax exempt.
EFFECTIVE
DATE. This section is
effective beginning with aids payable in 2007.
Sec. 3. MAHNOMEN COUNTY; COUNTY, CITY, SCHOOL
DISTRICT, PROPERTY TAX REIMBURSEMENT; 2006 ONLY.
Subdivision 1.
Aid appropriation. $600,000 is appropriated from the general fund
to the commissioner of revenue to be used to make payments to compensate for
the loss of property tax revenue due to the placement of land located in the
city of Mahnomen that was put in trust status by the United Stated Department
of the Interior, Bureau of Indian Affairs, during calendar year 2006. The commissioner shall pay the county of
Mahnomen, $450,000; the city of Mahnomen, $80,000; and Independent School
District No. 432, Mahnomen, $70,000. The
payments shall be made on July 20, 2006.
Subd. 2. School district tax base adjustments. The Department of Revenue must reduce the
referendum market value and the adjusted net tax capacity certified for
assessment year 2005 used to calculate school levies for taxes payable in 2007
for Independent School District No. 432, Mahnomen, by the amounts of any values
attributable to property that is no longer subject to property taxation because
the land has been placed in trust in calendar year 2006 through action of the
United States Department of Interior, Bureau of Indian Affairs. The Mahnomen County auditor must certify the
reductions in value to the Department of Revenue in the form and manner
specified by the Department of Revenue.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 12
MINERALS
Section 1. Minnesota
Statutes 2004, section 298.001, is amended by adding a subdivision to read:
Subd. 3a. Producer. "Producer" means a person
engaged in the business of mining or producing iron ore, taconite concentrate,
or direct reduced ore in this state.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 298.01, subdivision 3, is amended to read:
Subd. 3. Occupation tax; other ores. Every person engaged in the business of
mining or producing ores in this state, except iron ore or taconite
concentrates, shall pay an occupation tax to the state of Minnesota as provided
in this subdivision. The tax is
determined in the same manner as the tax imposed by section 290.02, except that
sections
290.05, subdivision 1, clause (a), 290.17, subdivision 4, and 290.191,
subdivision 2, do not apply, and the occupation tax must be computed by
applying to taxable income the rate of 2.45 percent. A person subject to occupation tax under this
section shall apportion its net income on the basis of the percentage obtained
by taking the sum of:
(1) 75 percent of the percentage which the sales made within
this state in connection with the trade or business during the tax period are
of the total sales wherever made in connection with the trade or business
during the tax period;
(2) 12.5 percent of the percentage which the total tangible
property used by the taxpayer in this state in connection with the trade or
business during the tax period is of the total tangible property, wherever
located, used by the taxpayer in connection with the trade or business during
the tax period; and
(3) 12.5 percent of the percentage which the taxpayer's total
payrolls paid or incurred in this state or paid in respect to labor performed
in this state in connection with the trade or business during the tax period
are of the taxpayer's total payrolls paid or incurred in connection with the
trade or business during the tax period.
The tax is in addition to all other taxes.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 3. Minnesota
Statutes 2004, section 298.01, subdivision 3a, is amended to read:
Subd. 3a. Gross income. (a) For purposes of determining a person's
taxable income under subdivision 3, gross income is determined by the amount of
gross proceeds from mining in this state under section 298.016 and includes any
gain or loss recognized from the sale or disposition of assets used in the
business in this state. If more than
one mineral, metal, or energy resource referred to in section 298.016 is mined
and processed at the same mine and plant, a gross income for each mineral,
metal, or energy resource must be determined separately. The gross incomes may be combined on one
occupation tax return to arrive at the gross income of all production.
(b) In applying section 290.191, subdivision 5, transfers of
ores are deemed to be sales outside in this state if the ores
are transported out of this state after the ores have been converted to a
marketable quality.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 4. Minnesota
Statutes 2004, section 298.01, subdivision 3b, is amended to read:
Subd. 3b. Deductions. (a) For purposes of determining taxable
income under subdivision 3, the deductions from gross income include only those
expenses necessary to convert raw ores to marketable quality. Such expenses include costs associated with
refinement but do not include expenses such as transportation, stockpiling,
marketing, or marine insurance that are incurred after marketable ores are
produced, unless the expenses are included in gross income. The allowable deductions from a mine or
plant that mines and produces more than one mineral, metal, or energy resource
must be determined separately for the purposes of computing the deduction in
section 290.01, subdivision 19c, clause (9).
These deductions may be combined on one occupation tax return to arrive
at the deduction from gross income for all production.
(b) The provisions of section 290.01, subdivisions 19c,
clauses (6) and (9), and 19d, clauses (7) and (11), are not used to determine
taxable income.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec.
5. Minnesota Statutes 2005 Supplement,
section 298.01, subdivision 4, is amended to read:
Subd. 4. Occupation tax; iron ore; taconite
concentrates. A person engaged in the
business of mining or producing of iron ore, taconite concentrates or direct
reduced ore in this state shall pay an occupation tax to the state of
Minnesota. The tax is determined in the
same manner as the tax imposed by section 290.02, except that sections 290.05,
subdivision 1, clause (a), 290.17, subdivision 4, and 290.191, subdivision 2,
do not apply, and the occupation tax shall be computed by applying to
taxable income the rate of 2.45 percent.
A person subject to occupation tax under this section shall apportion
its net income on the basis of the percentage obtained by taking the sum of:
(1) 75 percent of the percentage which the sales made within
this state in connection with the trade or business during the tax period are
of the total sales wherever made in connection with the trade or business
during the tax period;
(2) 12.5 percent of the percentage which the total tangible
property used by the taxpayer in this state in connection with the trade or
business during the tax period is of the total tangible property, wherever
located, used by the taxpayer in connection with the trade or business during
the tax period; and
(3) 12.5 percent of the percentage which the taxpayer's total
payrolls paid or incurred in this state or paid in respect to labor performed
in this state in connection with the trade or business during the tax period
are of the taxpayer's total payrolls paid or incurred in connection with the
trade or business during the tax period.
The tax is in addition to all other taxes.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 6. Minnesota
Statutes 2004, section 298.01, subdivision 4a, is amended to read:
Subd. 4a. Gross income. (a) For purposes of determining a person's
taxable income under subdivision 4, gross income is determined by the mine
value of the ore mined in Minnesota and includes any gain or loss recognized
from the sale or disposition of assets used in the business in this state.
(b) Mine value is the value, or selling price, of iron ore or
taconite concentrates, f.o.b. mine. The
mine value is calculated by multiplying the iron unit price for the period, as
determined by the commissioner, by the tons produced and the weighted average
analysis.
(c) In applying section 290.191, subdivision 5, transfers of
iron ore and taconite concentrates are deemed to be sales outside in
this state if the iron ore or taconite concentrates are transported out of
this state after the raw iron ore and taconite concentrates have been converted
to a marketable quality.
(d) If iron ore or taconite and a mineral, metal, or energy
resource referred to in section 298.016 is mined and processed at the same mine
and plant, a gross income for each mineral, metal, or energy resource must be
determined separately from the mine value for the iron ore or taconite. The gross income may be combined on one
occupation tax return to arrive at the gross income from all production.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 7. Minnesota
Statutes 2004, section 298.01, subdivision 4b, is amended to read:
Subd. 4b. Deductions. For purposes of determining taxable income
under subdivision 4, the deductions from gross income include only those
expenses necessary to convert raw iron ore or taconite concentrates to
marketable quality. Such expenses
include costs associated with beneficiation and refinement but do not include
expenses such as transportation, stockpiling, marketing, or marine insurance
that are incurred after marketable iron ore or taconite pellets
are produced. The allowable
deductions from a mine or plant that mines and produces iron ore or taconite
and one or more mineral or metal referred to in section 298.016 must be
determined separately for the purposes of computing the deduction in section
290.01, subdivision 19c, clause (9).
These deductions may be combined on one occupation tax return to arrive
at the deduction from gross income for all production.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 8. Minnesota
Statutes 2004, section 298.01, is amended by adding a subdivision to read:
Subd. 6. Deductions applicable to mining both
taconite and other ores; ratio applied.
If a person is engaged in the business of mining or producing both
iron ores, taconite concentrates, or direct reduced ore, and other ores from
the same mine or facility, that person must separately determine the mine value
of (1) the iron ore, taconite concentrates, and direct reduced ore, and (2) the
amount of gross proceeds from mining other ores in Minnesota. The ratio of mine value from iron ore,
taconite concentrates, and direct reduced ore to gross proceeds from mining other
ores must be applied to deductions common to both processes to determine
taxable income for tax paid pursuant to subdivisions 3 and 4.
EFFECTIVE
DATE. This section is
effective for tax years beginning after December 31, 2005.
Sec. 9. Minnesota
Statutes 2004, section 298.227, is amended to read:
298.227 TACONITE ECONOMIC
DEVELOPMENT FUND.
An amount equal to that distributed pursuant to each taconite
producer's taxable production and qualifying sales under section 298.28,
subdivision 9a, shall be held by the Iron Range Resources and Rehabilitation
Board in a separate taconite economic development fund for each taconite and
direct reduced ore producer. Money from
the fund for each producer shall be released by the commissioner after review
by a joint committee consisting of an equal number of representatives of the
salaried employees and the nonsalaried production and maintenance employees of
that producer. The District 11 director
of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members.
In nonorganized operations, the employee committee shall be elected by
the nonsalaried production and maintenance employees. The review must be completed no later than
six months after the producer presents a proposal for expenditure of the funds
to the committee. The funds held
pursuant to this section may be released only for acquisition of equipment and
facilities for the producer or for research and development in Minnesota on new
mining, or taconite, iron, or steel production technology, but only if the
producer provides a matching expenditure to be used for the same purpose of at
least 50 percent of the distribution based on 14.7 cents per ton beginning with
distributions in 2002. If a producer
uses money from the fund to procure haulage trucks, mobile equipment, or mining
shovels, and the producer removes the piece of equipment from the taconite tax
relief area defined in section 273.134 within ten years from the date of
receipt of the money from the fund, a portion of the money granted from the
fund must be repaid to the taconite economic development fund. The portion of the money to be repaid is 100
percent of the grant if the equipment is removed from the taconite tax relief
area within 12 months after receipt of the money from the fund, declining by
ten percent for each of the subsequent nine years during which the equipment
remains within the taconite tax relief area.
If a taconite production facility is sold after operations at the
facility had ceased, any money remaining in the fund for the former producer
may be released to the purchaser of the facility on the terms otherwise
applicable to the former producer under this section. If a producer fails to provide matching funds
for a proposed expenditure within six months after the commissioner approves
release of the funds, the funds are available for release to another producer
in proportion to the distribution provided and under the conditions of this
section. Any portion of the fund which
is not released by the commissioner within two years of its deposit in the fund
shall be divided between the taconite environmental protection fund created in
section 298.223 and the Douglas J. Johnson economic protection trust fund
created in section 298.292 for placement in their respective special
accounts. Two-thirds of the unreleased
funds shall be distributed to the taconite environmental protection fund and
one-third to the Douglas J. Johnson
economic protection trust fund.
Sec.
10. Minnesota Statutes 2004, section
298.28, subdivision 6, is amended to read:
Subd. 6. Property tax relief. (a) In 2002 and thereafter, 33.9 cents per
taxable ton, less any amount required to be distributed under paragraphs (b)
and (c), or section 298.2961, subdivision 5, must be allocated to St. Louis
County acting as the counties' fiscal agent, to be distributed as provided in
sections 273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating taconite is
located in a county other than the county in which the mining and the
concentrating processes are conducted, .1875 cent per taxable ton of the tax
imposed and collected from such taxpayer shall be paid to the county.
(c) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating taconite is
located in a school district other than a school district in which the mining
and concentrating processes are conducted, .4541 cent per taxable ton of the
tax imposed and collected from the taxpayer shall be paid to the school
district.
Sec. 11. Minnesota
Statutes 2004, section 298.28, subdivision 8, is amended to read:
Subd. 8. Range Association of Municipalities and
Schools. .20 .30 cent
per taxable ton shall be paid to the Range Association of Municipalities and
Schools, for the purpose of providing an areawide approach to problems which
demand coordinated and cooperative actions and which are common to those areas
of northeast Minnesota affected by operations involved in mining iron ore and
taconite and producing concentrate therefrom, and for the purpose of promoting
the general welfare and economic development of the cities, towns and school
districts within the iron range area of northeast Minnesota.
EFFECTIVE DATE. This section is effective for taxes paid
in 2007 and subsequent years.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 298.2961, subdivision 4, is amended to read:
Subd. 4. Grant and loan fund. (a) A fund is established to receive distributions
under section 298.28, subdivision 9b, and to make grants or loans as provided
in this subdivision. Any grant or loan
made under this subdivision must be approved by a majority of the members of
the Iron Range Resources and Rehabilitation Board, established under section
298.22.
(b) Distributions received in calendar year 2005 are
allocated to the city of Virginia for improvements and repairs to the city's
steam heating system.
(c) Distributions received in calendar year 2006 are
allocated to a project of the public utilities commissions of the cities of
Hibbing and Virginia to convert their electrical generating plants to the use
of biomass products, such as wood.
(d) Distributions received in calendar year 2007 must be paid
to the city of Tower to be used for the East Two Rivers project in or near the
city of Tower.
(e) For distributions received in 2008 and later, amounts
may be allocated to joint ventures with mining companies for reclamation of
lands containing abandoned or worked out mines to convert these lands to
marketable properties for residential, recreational, commercial, or other
valuable uses, the first $2,000,000 of the 2008 distribution must be
paid to St. Louis County for deposit in its county road and bridge fund to be
used for relocation of St. Louis County Road 715, commonly referred to as Pike
River Road. The remainder of the 2008
distribution and the full amount of the distributions in 2009 and subsequent
years is allocated for projects under section 298.223, subdivision 1.
Sec.
13. Minnesota Statutes 2004, section
298.2961, is amended by adding a subdivision to read:
Subd. 5. Public works and local economic
development fund. For
distributions in 2007 only, a special fund is established to receive 38.4 cents
per ton that otherwise would be allocated under section 298.28, subdivision
6. The following amounts are allocated
to St. Louis County acting as the fiscal agent for the recipients for the
specific purposes:
(1) 13.4 cents per ton for the Central Iron Range Sanitary Sewer
District for construction of a combined wastewater facility;
(2) six cents per ton to the city of Eveleth to redesign and
design and construct improvements to renovate its water treatment facility;
(3) one cent per ton for the East Range Joint Powers Board to
acquire land for and to design a central wastewater collection and treatment
system;
(4) 0.5 cents per ton to the city of Hoyt Lakes to repair
Leeds Road;
(5) 0.7 cents per ton to the city of Virginia to extend Eighth
Street South;
(6) 0.7 cents per ton to the city of Mountain Iron to repair
Hoover Road;
(7) 0.9 cents per ton to the city of Gilbert for alley repairs
between Michigan and Indiana Avenues and for repayment of a loan to the
Minnesota Department of Employment and Economic Development;
(8) 0.4 cents per ton to the city of Keewatin for a new city
well;
(9) 0.3 cents per ton to the city of Grand Rapids for planning
for a fire and hazardous materials center;
(10) 0.9 cents per ton to Aitkin County Growth for an economic
development project for peat harvesting;
(11) 0.4 cents per ton to the city of Nashwauk to develop a
comprehensive city plan;
(12) 0.4 cents per ton to the city of Taconite for development
of a city comprehensive plan;
(13) 0.3 cents per ton to the city of Marble for water and
sewer infrastructure;
(14) 0.8 cents per ton to Aitkin County for improvements to
the Long Lake Environmental Learning Center;
(15) 0.3 cents per ton to the city of Coleraine for the
Coleraine Technology Center;
(16) 0.5 cents per ton to the Economic Development Authority
of the city of Grand Rapids for planning for the North Central Research and
Technology Laboratory;
(17) 0.6 cents per ton to the city of Bovey for sewer and
water extension;
(18) 0.3 cents per ton to the city of Calumet for
infrastructure improvements; and
(19) ten cents per ton to an economic development authority in
a city through which State Highway 1 passes, or a city in Independent School
District No. 2142 that has an active mine, for an economic development project
approved by the Iron Range Resources and Rehabilitation Board.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
14. Minnesota Statutes 2004, section
298.75, is amended by adding a subdivision to read:
Subd. 10. Tax may be imposed; Sylvan Township. (a) If Cass County does not impose a tax
under this section and approves imposition of the tax under this subdivision,
the town of Sylvan in Cass County may impose the aggregate materials tax under
this section.
(b) For purposes of exercising the powers contained in this
section, the "town" is deemed to be the "county."
(c) All provisions in this section apply to the town of
Sylvan, except that, in lieu of the distribution of the tax proceeds under
subdivision 7, all proceeds of the tax must be retained by the town.
(d) If Cass County imposes an aggregate materials tax under
this section, the tax imposed by the town of Sylvan under this subdivision is
repealed on the effective date of the Cass County tax.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the town of Sylvan and its chief
clerical officer comply with section 645.021, subdivisions 2 and 3.
Sec. 15. Laws 2005,
chapter 152, article 1, section 39, subdivision 1, is amended to read:
Subdivision 1. Issuance; purpose. Notwithstanding any provision of Minnesota
Statutes, chapter 298, to the contrary, the commissioner of Iron Range
resources and rehabilitation may shall issue revenue bonds in a
principal amount of $15,000,000 plus an amount sufficient to pay costs of
issuance, in one or more series, and thereafter may issue bonds to
refund those bonds. The proceeds of the
bonds must be used to pay costs of issuance and to make grants to school
districts located in the taconite tax relief area defined in Minnesota
Statutes, section 273.134, or the taconite assistance area defined in Minnesota
Statutes, section 273.1341, to be used by the school districts to pay for
health, safety, and maintenance improvements but only if the school district
has levied the maximum amount allowable under law for those purposes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. TRANSITION PROVISIONS.
Each person with an alternative minimum tax credit on December
31, 2005, pursuant to Minnesota Statutes 2004, section 298.01, subdivision 3d
or 4e, may take that credit against occupation tax under Minnesota Statutes,
section 298.01.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. REPEALER.
Minnesota Statutes 2004, section 298.01, subdivisions 3c, 3d,
4d, and 4e, are repealed effective for tax years beginning after December 31,
2005.
ARTICLE 13
MISCELLANEOUS
Section 1. Minnesota
Statutes 2005 Supplement, section 272.02, subdivision 83, is amended to read:
Subd. 83. International economic development zone
property. (a) Improvements to real
property, and personal property, classified under section 273.13, subdivision
24, and located within the international economic development zone designated
under section 469.322, are exempt from ad valorem taxes levied under chapter
275, if the improvements are:
(1)
part of a regional distribution center as defined in section 469.321; or
(2) occupied by a qualified business as defined in section
469.321, that uses the improvements primarily in freight forwarding operations.
(b) The exemption applies beginning for the first
assessment year after designation of the international economic development
zone. The exemption applies to each assessment
year that begins during the duration of the international economic development
zone. To be exempt under paragraph (a),
clause (2), the property must be occupied by July 1 of the assessment year by a
qualified business that has signed the business subsidy agreement by July 1 of
the assessment year.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 289A.20, subdivision 4, is amended to read:
Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due
and payable to the commissioner monthly on or before the 20th day of the month
following the month in which the taxable event occurred, or following another
reporting period as the commissioner prescribes or as allowed under section
289A.18, subdivision 4, paragraph (f) or (g), except that use taxes due on an
annual use tax return as provided under section 289A.11, subdivision 1, are
payable by April 15 following the close of the calendar year.
(b) A vendor having a liability of $120,000 or more during a
fiscal year ending June 30 must remit the June liability for the next year in
the following manner:
(1) Two business days before June 30 of the year, the vendor
must remit 85 78 percent of the estimated June liability to the
commissioner.
(2) On or before August 20 of the year, the vendor must pay
any additional amount of tax not remitted in June.
(c) A vendor having a liability of:
(1) $20,000 or more in the fiscal year ending June 30, 2005;
or
(2) $10,000 or more in the fiscal year ending June 30, 2006,
and fiscal years thereafter,
must remit
all liabilities on returns due for periods beginning in the subsequent calendar
year by electronic means on or before the 20th day of the month following the month
in which the taxable event occurred, or on or before the 20th day of the month
following the month in which the sale is reported under section 289A.18,
subdivision 4, except for 85 78 percent of the estimated June
liability, which is due two business days before June 30. The remaining amount of the June liability is
due on August 20.
EFFECTIVE
DATE. This section is
effective for sales tax payments in June 2007 and thereafter.
Sec. 3. Minnesota
Statutes 2004, section 289A.60, subdivision 15, is amended to read:
Subd. 15. Accelerated payment of June sales tax
liability; penalty for underpayment.
(a) For payments made after December 31, 2002, and before January 1,
2004, if a vendor is required by law to submit an estimation of June sales tax
liabilities and 75 percent payment by a certain date, the vendor shall pay a
penalty equal to ten percent of the amount of actual June liability required to
be paid in June less the amount remitted in June. The penalty must not be imposed, however, if
the amount remitted in June equals the lesser of 75 percent of the preceding
May's liability or 75 percent of the average monthly liability for the previous
calendar year.
(b) For
payments made after December 31, 2003 2006, if a vendor is
required by law to submit an estimation of June sales tax liabilities and 85
78 percent payment by a certain date, the vendor shall pay a penalty equal
to ten percent of the amount of actual June liability required to be paid in
June less the amount remitted in June.
The penalty must not be imposed, however, if the amount remitted in June
equals the lesser of 85 78 percent of the preceding May's
liability or 85 78 percent of the average monthly liability for
the previous calendar year.
EFFECTIVE
DATE. This section is
effective for sales tax payments in June 2007 and thereafter.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 290.0922, subdivision 2, is amended to read:
Subd. 2. Exemptions. The following entities are exempt from the
tax imposed by this section:
(1) corporations exempt from tax under section 290.05;
(2) real estate investment trusts;
(3) regulated investment companies or a fund thereof; and
(4) entities having a valid election in effect under section
860D(b) of the Internal Revenue Code;
(5) town and farmers' mutual insurance companies;
(6) cooperatives organized under chapter 308A or 308B that
provide housing exclusively to persons age 55 and over and are classified as
homesteads under section 273.124, subdivision 3;
(7) an entity, if for the taxable year all of its property is
located in a job opportunity building zone designated under section 469.314 and
all of its payroll is a job opportunity building zone payroll under section
469.310; and
(8) an entity, if for the taxable year all of its property is
located in an international economic development zone designated under section
469.322, and all of its payroll is international economic development zone
payroll under section 469.321. The
exemption under this clause applies to taxable years beginning during the
duration of the international economic development zone.
Entities not specifically exempted by this subdivision are
subject to tax under this section, notwithstanding section 290.05.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 290.0922, subdivision 3, is amended to read:
Subd. 3. Definitions. (a) "Minnesota sales or receipts"
means the total sales apportioned to Minnesota pursuant to section 290.191, subdivision
5, the total receipts attributed to Minnesota pursuant to section 290.191,
subdivisions 6 to 8, and/or the total sales or receipts apportioned or
attributed to Minnesota pursuant to any other apportionment formula applicable
to the taxpayer.
(b) "Minnesota property" means total Minnesota
tangible property as provided in section 290.191, subdivisions 9 to 11, any
other tangible property located in Minnesota, but does not include: (1)
property located in a job opportunity building zone designated under section
469.314, property
for purposes of this section. Taxpayers
who do not utilize tangible property to apportion income shall nevertheless
include Minnesota property for purposes of this section. On a return for a short taxable year, the
amount of Minnesota property owned, as determined under section 290.191, shall
be included in Minnesota property based on a fraction in which the numerator is
the number of days in the short taxable year and the denominator is 365.or (2) property of a qualified business located in a
biotechnology and health sciences industry zone designated under section
469.334, or (3) for taxable years beginning during the duration of the zone,
property of a qualified business located in the international economic
development zone designated under section 469.322. Intangible property shall not be included in
Minnesota
(c) "Minnesota payrolls" means total Minnesota
payrolls as provided in section 290.191, subdivision 12, but does not include:
(1) job opportunity building zone payrolls under section 469.310,
subdivision 8, or (2) biotechnology and health sciences industry
zone payrolls under section 469.330, subdivision 8, or (3) for taxable years
beginning during the duration of the zone, international economic
development zone payrolls under section 469.321, subdivision 9. Taxpayers who do not utilize payrolls to
apportion income shall nevertheless include Minnesota payrolls for purposes of
this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 297A.68, subdivision 41, is amended to read:
Subd. 41. International economic development zones. (a) Purchases of tangible personal property
or taxable services by a qualified business, as defined in section 469.321, are
exempt if the property or services are primarily used or consumed in the
international economic development zone designated under section 469.322. This exemption applies only if the
purchase is made and delivery received after the business signed the business
subsidy agreement required under chapter 469.
(b) Purchase and use of construction materials, supplies, and
equipment incorporated into the construction of improvements to real property
in the international economic development zone are exempt if the improvements
after completion of construction are to be used as a regional distribution
center as defined in section 469.321 or otherwise used in the conduct of
freight forwarding activities of a qualified business as defined in section
469.321. This exemption applies
regardless of whether the purchases are made by the business or a contractor.
(c) The exemptions under this subdivision apply to a local
sales and use tax, regardless of whether the local tax is imposed on sales taxable
under this chapter or in another law, ordinance, or charter provision.
(d) The exemption in paragraph (a) applies
exemptions in this section apply to sales during the duration of the
zone and after June 30, 2007, if the purchase was made and delivery received
after the business signs the business subsidy agreement required under chapter
469 and purchases made after the date of final zone designation under
section 469.322, paragraph (c), and before the expiration of the zone under
section 469.322, paragraph (d).
(e) For purchases made for improvements to real property to
be occupied by a business that has not signed a business subsidy agreement at
the time of the purchase, the tax must be imposed and collected as if the rate
under section 297A.62, subdivision 1, applied, and then refunded in the manner
provided in section 297A.75 beginning in fiscal year 2008. The taxpayer must attach to the claim for
refund information sufficient for the commissioner to be able to determine that
the improvements are being occupied by a business that has signed a business
subsidy agreement.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2004, section 297F.09, subdivision 10, is amended to read:
Subd. 10. Accelerated tax payment; cigarette or
tobacco products distributor. A
cigarette or tobacco products distributor having a liability of $120,000 or
more during a fiscal year ending June 30, shall remit the June liability for
the next year in the following manner:
(a)
Two business days before June 30 of the year, the distributor shall remit the
actual May liability and 85 78 percent of the estimated June
liability to the commissioner and file the return in the form and manner
prescribed by the commissioner.
(b) On or before August 18 of the year, the distributor shall
submit a return showing the actual June liability and pay any additional amount
of tax not remitted in June. A penalty
is imposed equal to ten percent of the amount of June liability required to be
paid in June, less the amount remitted in June.
However, the penalty is not imposed if the amount remitted in June
equals the lesser of:
(1) 85 78 percent of the actual June liability;
or
(2) 85 78 percent of the preceding May's
liability.
EFFECTIVE
DATE. This section is
effective for sales tax payments in June 2007 and thereafter.
Sec. 8. Minnesota
Statutes 2004, section 297G.09, subdivision 9, is amended to read:
Subd. 9. Accelerated tax payment; penalty. A person liable for tax under this chapter
having a liability of $120,000 or more during a fiscal year ending June 30,
shall remit the June liability for the next year in the following manner:
(a) Two business days before June 30 of the year, the
taxpayer shall remit the actual May liability and 85 78 percent
of the estimated June liability to the commissioner and file the return in the
form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the taxpayer shall
submit a return showing the actual June liability and pay any additional amount
of tax not remitted in June. A penalty
is imposed equal to ten percent of the amount of June liability required to be
paid in June less the amount remitted in June.
However, the penalty is not imposed if the amount remitted in June
equals the lesser of:
(1) 85 78 percent of the actual June liability;
or
(2) 85 78 percent of the preceding May
liability.
EFFECTIVE
DATE. This section is
effective for sales tax payments in June 2007 and thereafter.
Sec. 9. [469.193] FOREIGN TRADE ZONES.
A city, county, town, or other political subdivision may
apply to the board defined in United States Code, title 19, section 81a, for
the right to use the powers provided in United States Code, title 19, sections
81a to 81u. If the right is granted, the
city, county, town, or other political subdivision may use the powers within or
outside of a port district. Any city,
county, town, or other political subdivision may apply jointly with any other
city, county, town, or other political subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota
Statutes 2004, section 469.312, subdivision 5, is amended to read:
Subd. 5. Duration limit. (a) The maximum duration of a zone is
12 years. The applicant may request a
shorter duration. The commissioner may
specify a shorter duration, regardless of the requested duration.
(b)
The duration limit under this subdivision and the duration of the zone for
purposes of allowance of tax incentives described in section 469.315 is
extended by three calendar years for each parcel of property that meets the
following requirements:
(1) the qualified business operates an ethanol plant, as
defined in section 41A.09, on the site that includes the parcel; and
(2) the business subsidy agreement was executed after April
30, 2006, and before July 1, 2007.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 469.322, is amended to read:
469.322 DESIGNATION OF
INTERNATIONAL ECONOMIC DEVELOPMENT ZONE.
(a) An area designated as a foreign trade zone may be
designated by the foreign trade zone authority as an international economic
development zone if within the zone a regional distribution center is being
developed pursuant to section 469.323.
The zone must consist of contiguous area of not less than 500 acres and
not more than 1,000 acres. The
designation authority under this section is limited to one zone.
(b) In making the designation, the foreign trade zone
authority, in consultation with the Minnesota Department of Transportation and
the Metropolitan Council, shall consider access to major transportation routes,
consistency with current state transportation and air cargo planning, adequacy
of the size of the site, access to airport facilities, present and future
capacity at the designated airport, the capability to meet integrated present
and future air cargo, security, and inspection services, and access to other
infrastructure and financial incentives.
The border of the international economic development zone must be no
more than 60 miles distant or 90 minutes drive time from the border of the
Minneapolis-St. Paul International Airport.
(c) Before final designation of the zone, the foreign trade
zone authority, in consultation with the applicant, must conduct a
transportation impact study based on the regional model and utilizing traffic
forecasting and assignments. The results
must be used to evaluate the effects of the proposed use on the transportation
system and identify any needed improvements.
If the site is in the metropolitan area the study must also evaluate the
effect of the transportation impacts on the Metropolitan Transportation System
plan as well as the comprehensive plans of the municipalities that would be
affected. The authority shall provide
copies of the study to the legislature under section 3.195 and to the chairs of
the committees with jurisdiction over transportation and economic
development. The applicant must pay the
cost of the study.
(c) (d) Final zone designation must be made by June
30, 2006 2008.
(d) (e) Duration of the zone is a 12-year period
beginning on January 1, 2007 2010.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 469.323, subdivision 2, is amended to read:
Subd. 2. Business plan. Before designation of an international
economic development zone under section 469.322, the governing body of the
foreign trade zone authority shall prepare a business plan. The findings of the business plan shall be
presented to the legislature pursuant to section 3.195. Copies of the business plan shall be provided
to the chairs of committees with jurisdiction over transportation and economic
development. The plan must include
an analysis of the economic feasibility of the regional distribution center
once it becomes operational and of the operations of freight forwarders and
other businesses that choose to locate within the boundaries of the zone. The analysis must provide profitability
models that:
(1)
include the benefits of the incentives;
(2) estimate the amount of time needed to achieve
profitability; and
(3) analyze the length of time incentives will be necessary
to the economic viability of the regional distribution center.
If the governing body of the foreign trade authority
determines that the models do not establish the economic feasibility of the
project, the regional distribution center does not meet the development
requirements of this section and section 469.322.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 469.327, is amended to read:
469.327 JOBS CREDIT.
Subdivision 1. Credit allowed. (a) A qualified business is allowed a
credit against the taxes imposed under chapter 290. The credit equals seven percent of the:
(1) lesser of:
(i) zone payroll for the taxable year, less the zone payroll
for the base year; or
(ii) total Minnesota payroll for the taxable year, less total
Minnesota payroll for the base year; minus
(2) $30,000 multiplied by the number of full-time equivalent
employees that the qualified business employs in the international economic
development zone for the taxable year, minus the number of full-time equivalent
employees the business employed in the zone in the base year, but not less than
zero.
(b) This section applies only to tax years beginning during
the duration of the international economic development zone.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Base year" means the taxable year beginning
during the calendar year immediately preceding the calendar year in
which the zone designation was made duration of the zone begins
under section 469.322, paragraph (d).
(c) "Full-time equivalent employees" means the
equivalent of annualized expected hours of work equal to 2,080 hours.
(d) "Minnesota payroll" means the wages or salaries
attributed to Minnesota under section 290.191, subdivision 12, for the qualified
business or the unitary business of which the qualified business is a part,
whichever is greater.
(e) "Zone payroll" means wages or salaries used to
determine the zone payroll factor for the qualified business, less the amount
of compensation attributable to any employee that exceeds $70,000.
Subd. 3. Inflation adjustment. For taxable years beginning after December
31, 2006 2010, the dollar amounts in subdivisions 1, clause (2);
and 2, paragraph (e), are annually adjusted for inflation. The commissioner of revenue shall adjust the
amounts by the percentage determined under section 290.06, subdivision 2d, for
the taxable year.
Subd. 4. Refundable. If the amount of the credit exceeds the
liability for tax under chapter 290, the commissioner of revenue shall refund
the excess to the qualified business.
Subd.
5. Appropriation. An amount sufficient to pay the refunds
authorized by this section is appropriated to the commissioner of revenue from
the general fund.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 14. Minnesota
Statutes 2004, section 473.39, is amended by adding a subdivision to read:
Subd. 11. Obligations. After July 1, 2006, in addition to the
authority in subdivisions 1a, 1b, 1c, 1d, 1e, 1g, 1h, 1i, 1j, and 1k, the
council may issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $32,800,000 for capital
expenditures as prescribed in the council's regional transit master plan and
transit capital improvement program, as adopted through May 1, 2006, and for
related costs, including the costs of issuance and sale of the obligations.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2004, section 645.44, is amended by adding a subdivision to read:
Subd. 19. Fee and tax. (a) "Tax" means any fee, charge,
exaction, or assessment imposed by a governmental entity on an individual,
person, entity, transaction, good, service, or other thing. It excludes a price that an individual or
entity chooses voluntarily to pay in return for receipt of goods or services
provided by the governmental entity. A
government good or service does not include access to or the authority to
engage in private market transactions with a nongovernmental party, such as
licenses to engage in a trade, profession, or business or to improve private
property.
(b) For purposes of applying the laws of this state, a
"fee," "charge," or other similar term that satisfies the functional
requirements of paragraph (a) must be treated as a tax for all purposes,
regardless of whether the statute or law names or describes it as a tax. The provisions of this subdivision do not
preempt or supersede limitations under law that apply to fees, charges, or
assessments.
(c) This subdivision is not intended to extend or limit
article 4, section 18 of the Minnesota Constitution.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Laws 2005,
First Special Session chapter 3, article 10, section 23, is amended to read:
Sec. 23. GRANTS TO QUALIFYING BUSINESSES.
$750,000 is appropriated in fiscal year 2006 from the general
fund to the commissioner of employment and economic development to be
distributed to the foreign trade zone authority to provide grants to qualified
businesses as determined by the authority, subject to Minnesota Statutes,
sections 116J.993 to 116J.995, to provide incentives for the businesses to
locate their operations in an international economic development zone. If the money is not distributed during fiscal
year 2006, it remains available for distribution under this section during
fiscal year 2007 until December 31, 2010.
Sec. 17. TAX RELIEF ACCOUNT.
(a) On June 30, 2006, the commissioner of finance shall
cancel to the general fund an amount in the tax relief account under Minnesota
Statutes, section 16A.1522, subdivision 4, sufficient to provide an ending
general fund balance for fiscal year 2007 of zero after taking into account the
effect on the general fund of laws enacted during the 2006 regular legislative
session relative to the February 2006 forecast.
(b)
On July 1, 2007, the remaining balance in the tax relief account under
Minnesota Statutes, section 16A.1522, subdivision 4, is cancelled to the
general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. APPLICATION.
Section 14 applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington."
Delete the title and insert:
"A bill for an act relating to financing and operation
of state and local government; making policy, technical, administrative,
enforcement, collection, refund, appeal, abatement, and other changes to
income, franchise, property, sales and use, deed, health care provider,
cigarette and tobacco products, liquor, estate, aggregate removal, occupation,
and production taxes, the property tax refund, and other taxes and tax-related
provisions; providing for administration of certain fees, aids, tax titles, and
tax sales; modifying accelerated sales tax requirements; conforming provisions
to changes in the Internal Revenue Code; providing income tax credits;
modifying and authorizing sales tax exemptions; modifying and authorizing local
government sales taxes; modifying certain levies; changing ballots for
referendum revenue; changing and providing property tax exemptions; providing
for aids and payments to local governments; modifying international economic
development zone authority; authorizing distributions of tax proceeds;
providing terms and conditions related to the issuance of obligations; defining
terms; providing for authorization of interfund loans; modifying the priorities
for allocating bond issuance authority; changing and imposing powers, duties,
and requirements on certain local governments and authorities and state
departments or agencies; providing for issuance of obligations by local
governments and other public authorities, and use of the proceeds of the debt;
changing tax increment financing and abatement provisions, and providing
authorities to certain districts; providing for allocation and transfers of
funds; appropriating money; amending Minnesota Statutes 2004, sections
103E.635, subdivision 7; 116A.20, subdivision 3; 116J.993, subdivision 3;
144F.01, subdivision 4; 162.18, subdivision 1; 162.181, subdivision 1;
216B.2424, subdivision 5; 272.02, subdivisions 45, 54, 55, by adding a
subdivision; 272.029, subdivision 2; 273.032; 273.11, by adding a subdivision;
273.124, subdivision 12; 273.13, subdivision 23; 273.1384, subdivision 2;
273.1398, subdivision 3; 281.23, subdivision 9; 289A.60, subdivision 15;
290.06, by adding a subdivision; 290.091, subdivision 3; 290.17, subdivision 1;
295.50, subdivision 4; 295.53, subdivision 3; 297A.61, subdivisions 12, 17, by
adding subdivisions; 297A.63; 297A.668, subdivision 6; 297A.669, subdivision
11; 297A.67, subdivisions 4, 5, 14, 27; 297A.70, subdivisions 2, 3, 4, 7, 13,
14, 15; 297A.71, by adding a subdivision; 297A.99, subdivision 7; 297F.01, by
adding a subdivision; 297F.09, subdivision 10; 297G.01, subdivision 7, by
adding a subdivision; 297G.09, subdivision 9; 298.001, by adding a subdivision;
298.01, subdivisions 3a, 3b, 4a, 4b, by adding a subdivision; 298.227; 298.28,
subdivisions 6, 8; 298.2961, by adding a subdivision; 298.75, by adding a
subdivision; 373.45, subdivision 1; 469.035; 469.103, subdivision 2; 469.175,
subdivision 4; 469.176, subdivision 1; 469.1763, subdivisions 3, 4; 469.1771,
subdivision 2a; 469.1813, subdivisions 1, 6b, 8, 9, by adding a subdivision;
469.312, subdivision 5; 473.39, by adding a subdivision; 474A.062; 475.58,
subdivision 1; 477A.013, subdivision 9; 477A.014, subdivision 1; 645.44, by
adding a subdivision; Minnesota Statutes 2005 Supplement, sections 115B.49,
subdivision 4; 126C.17, subdivision 9; 270C.01, subdivision 4; 270C.304;
270C.33, subdivision 4; 270C.57, subdivision 3; 270C.67, subdivision 1, by
adding a subdivision; 270C.722, subdivision 2; 271.12; 272.02, subdivisions 53,
83; 273.13, subdivisions 22, 25; 273.1384, subdivision 1; 284.07; 289A.02,
subdivision 7; 289A.121, subdivision 5; 289A.20, subdivision 4; 290.01,
subdivisions 19, 19a, 19c, 31; 290.0675, subdivision 1; 290.0922, subdivisions
2, 3; 290A.03, subdivision 15; 291.005, subdivision 1; 297A.61, subdivision 3;
297A.67, subdivision 6; 297A.68, subdivisions 37, 38, 41; 297A.72, subdivision
2; 297A.75, subdivisions 1, 2, 3; 297A.815, subdivision 1; 298.01, subdivisions
3, 4; 298.2961, subdivision 4; 469.175, subdivisions 2, 5; 469.1763,
subdivisions 2, 6; 469.177, subdivision 1; 469.178, subdivision 7; 469.1813,
subdivision 6; 469.322; 469.323, subdivision 2; 469.327; 477A.011, subdivision
36; Laws 1996, chapter 471, article 2, section 29, subdivisions 1, 4; Laws
2005, chapter 152, article 1, section 39, subdivision 1; Laws 2001, First
Special Session chapter 5, article 3, section 8, as amended; Laws 2005, First
Special Session chapter
3, article 5, sections 3; 14; 38, subdivision 2; 43, subdivision 3; 44,
subdivision 1; article 10, section 23; proposing coding for new law in
Minnesota Statutes, chapters 287; 290; 469; repealing Minnesota Statutes 2004,
sections 297A.68, subdivisions 15, 18; 298.01, subdivisions 3c, 3d, 4d, 4e;
Laws 1998, chapter 389, article 11, section 18; Minnesota Rules, parts
8130.0400, subpart 3; 8130.4800, subparts 1, 3, 4, 5, 6, 7, 8; 8130.5100;
8130.5400; 8130.5800, subpart 6."
We request the adoption of this report and repassage of the
bill.
House Conferees:
Philip Krinkie, Ron Abrams, Dean
Simpson, Ray Vandeveer and Ann Lenczewski.
Senate Conferees:
Lawrence J. Pogemiller, William
V. Belanger, Rod Skoe and Mee Moua.
Krinkie moved that the report of the
Conference Committee on H. F. No. 785 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 785, A bill for an act relating
to financing and operation of government in this state; modifying truth in
taxation provisions and adding a taxpayer satisfaction survey; changing income,
corporate franchise, withholding, estate, property, sales and use, mortgage
registry, health care gross revenues, motor fuels, gambling, cigarette and
tobacco products, occupation, net proceeds, production, liquor, insurance, and
other taxes and tax-related provisions; making technical, clarifying,
collection, enforcement, refund, and administrative changes to certain taxes
and tax-related provisions, tax-forfeited lands, revenue recapture, unfair
cigarette sales, state debt collection, sustainable forest incentive programs,
and payments in lieu of taxes; changing local government aids and credits;
providing for determination of population for certain purposes; updating
references to the Internal Revenue Code, changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies,
deferral, review and equalization, appeals, notices and statements, and
distribution provisions; changing rent constituting property taxes and property
tax refunds; requiring state contracts be with vendors registered to collect
use taxes; abolishing the political contribution refund; authorizing local
sales taxes; extending a sales tax expiration; providing for compliance with
streamlined sales tax agreement; changing the taxation of liquor and
cigarettes; authorizing income tax checkoffs; requiring registration of tax
shelters and providing for a voluntary compliance initiative; changing job
opportunity building zones, border city development zones, biotechnology and
health sciences industry zone provisions; setting minimum employee compensation
for qualifying business in a JOBZ; limiting sales tax construction exemption in
job zones to businesses paying prevailing wage; requiring a referendum for
certain subsidies to gambling enterprises; authorizing charges for certain
emergency services; imposing a franchise fee on card clubs; defining the term
"tax"; regulating tax preparers; suspending appropriations or aids to
public employers who prohibit certain employees from wearing a flag on a
uniform; providing for training and conduct of assessors; prohibiting purchases
of tax-forfeited lands by certain local officials; providing for data
classification and exchange of data; establishing a tax reform commission;
providing and imposing powers and duties on the commissioner of revenue and
other state agencies and departments and on certain political subdivisions and
certain officials; changing and imposing penalties; requiring reports;
transferring funds; appropriating money; amending Minnesota Statutes 2004,
sections 4A.02; 16C.03, by adding a subdivision; 16D.10; 168A.05, subdivision
1a; 190.09, subdivision 2; 240.30, by adding a subdivision; 270.02, subdivision
3; 270.11, subdivision 2; 270.16, subdivision 2; 270.30, subdivisions 1, 5, 6,
8, by adding subdivisions; 270.65; 270.67, subdivision 4; 270.69, subdivision
4; 270A.03, subdivisions 5, 7; 272.01, subdivision 2; 272.02, subdivisions 1a,
7, 47, 53, 64, by adding subdivisions; 272.0211, subdivisions 1, 2; 272.0212,
subdivisions 1, 2; 272.029, subdivisions 4, 6; 273.055; 273.0755; 273.11,
subdivisions 1a, 8, by adding subdivisions; 273.111, by adding a subdivision;
273.123, subdivision 7; 273.124, subdivisions 3, 6, 8, 14, 21; 273.125,
subdivision 8; 273.13, subdivisions 22, 23, 25, by adding a subdivision; 273.1315;
273.1384, subdivision 1; 273.19, subdivision 1a; 273.372; 274.01, subdivision
1; 274.014, subdivisions 2, 3;
274.14; 275.025, subdivision 4; 275.065, subdivisions 1c, 3, 4, 7, by adding
subdivisions; 275.07, subdivisions 1, 4; 276.04, subdivision 2; 276.112;
276A.01, subdivision 7; 282.016; 282.08; 282.15; 282.21; 282.224; 282.301;
287.04; 289A.02, subdivision 7; 289A.08, subdivisions 1, 3, 7, 13, 16; 289A.18,
subdivision 1; 289A.19, subdivision 4; 289A.20, subdivision 2; 289A.31,
subdivision 2; 289A.37, subdivision 5; 289A.38, subdivisions 6, 7, by adding
subdivisions; 289A.40, subdivision 2, by adding subdivisions; 289A.50,
subdivisions 1, 1a; 289A.56, by adding a subdivision; 289A.60, subdivisions 2a,
4, 6, 7, 11, 13, 20, by adding subdivisions; 290.01, subdivisions 6, 7, 7b, 19,
as amended, 19a, 19b, 19c, 19d, 31; 290.032, subdivisions 1, 2; 290.06,
subdivisions 2c, 22, by adding a subdivision; 290.067, subdivisions 1, 2a;
290.0671, subdivisions 1, 1a; 290.0672, subdivisions 1, 2; 290.0674, subdivisions
1, 2; 290.0675, subdivision 1; 290.091, subdivisions 2, 3; 290.0922,
subdivision 2; 290.191, subdivisions 2, 3; 290.92, subdivisions 1, 4b; 290A.03,
subdivisions 3, 11, 13, 15, by adding subdivisions; 290A.07, by adding a
subdivision; 290A.19; 290B.05, subdivision 3; 290C.05; 290C.10; 291.005,
subdivision 1; 291.03, subdivision 1; 295.52, subdivision 4; 295.53,
subdivision 1; 295.582; 295.60, subdivision 3; 296A.22, by adding a
subdivision; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64, subdivision
4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9, 29, by adding a
subdivision; 297A.68, subdivisions 2, 5, 28, 35, 37, 38, 39, by adding
subdivisions; 297A.70, subdivision 10; 297A.71, subdivision 12, by adding a
subdivision; 297A.72, by adding a subdivision; 297A.75, subdivision 1; 297A.87,
subdivisions 2, 3; 297A.99, subdivisions 1, 3, 4, 9, by adding subdivisions;
297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06, subdivision 2;
297E.07; 297F.08, subdivision 12, by adding a subdivision; 297F.09,
subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a subdivision;
297I.01, by adding subdivisions; 297I.05, subdivisions 4, 5, by adding a
subdivision; 298.01, subdivisions 3, 4; 298.24, subdivision 1; 298.75, by
adding a subdivision; 325D.33, subdivision 6; 365.43, subdivision 1; 365.431;
366.011; 366.012; 373.45, subdivision 7; 469.169, by adding a subdivision;
469.1735, subdivision 3; 469.176, subdivisions 4l, 7; 469.310, subdivision 11,
by adding a subdivision; 469.315; 469.316; 469.317; 469.319, subdivision 1, by
adding a subdivision; 469.320, subdivision 3; 469.330, subdivision 11; 469.335;
469.337; 469.340, subdivision 1; 473.843, subdivision 5; 473F.02, subdivisions
2, 7; 477A.011, subdivisions 3, 34, 35, 36, 38; 477A.0124, subdivisions 2, 4;
477A.013, subdivisions 8, 9, by adding a subdivision; 477A.016; 477A.03,
subdivisions 2a, 2b; 477A.11, subdivision 4, by adding a subdivision; 477A.12,
subdivisions 1, 2; 477A.14, subdivision 1; 645.44, by adding a subdivision; Laws
1998, chapter 389, article 3, section 42, subdivision 2, as amended; Laws 1998,
chapter 389, article 8, section 43, subdivision 3; Laws 2001, First Special
Session chapter 5, article 3, section 8; Laws 2001, First Special Session
chapter 5, article 12, section 95, as amended; Laws 2002, chapter 377, article
3, section 4; Laws 2003, chapter 127, article 5, section 27; Laws 2003, chapter
127, article 5, section 28; Laws 2003, First Special Session chapter 21,
article 5, section 13; Laws 2003, First Special Session chapter 21, article 6,
section 9; Laws 2005, chapter 43, section 1; proposing coding for new law in
Minnesota Statutes, chapters 15; 270; 272; 273; 275; 280; 289A; 290; 290C; 295;
297A; 297F; 373; 459; 473; repealing Minnesota Statutes 2004, sections 10A.322,
subdivision 4; 16A.1522, subdivision 4; 270.85; 270.88; 272.02, subdivision 65;
273.19, subdivision 5; 273.37, subdivision 3; 274.05; 275.065, subdivisions 5a,
6, 6b, 8; 275.15; 275.61, subdivision 2; 283.07; 290.06, subdivision 23;
297E.12, subdivision 10; 469.1794, subdivision 6; 477A.08; Laws 1975, chapter
287, section 5; Laws 1998, chapter 389, article 3, section 41; Laws 2003,
chapter 127, article 9, section 9, subdivision 4; Minnesota Rules, parts
8093.2000; 8093.3000; 8130.0110, subpart 4; 8130.0200, subparts 5, 6;
8130.0400, subpart 9; 8130.1200, subparts 5, 6; 8130.2900; 8130.3100, subpart
1; 8130.4000, subparts 1, 2; 8130.4200, subpart 1; 8130.4400, subpart 3;
8130.5200; 8130.5600, subpart 3; 8130.5800, subpart 5; 8130.7300, subpart 5;
8130.8800, subpart 4.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Pursuant to rule 2.05, the Speaker excused
Westrom from voting on the repassage of H. F. No. 785, as amended by
Conference.
There were 130 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Greiling
Marquart
The bill was repassed, as amended by
Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2959
A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; establishing new programs and modifying existing programs;
authorizing sale of state bonds; appropriating money; amending Minnesota
Statutes 2004, sections 16A.11, subdivision 1; 16A.86, subdivisions 2, 4;
85.013, by adding a subdivision; 123A.44; 123A.441; 123A.442; 123A.443;
136F.98, subdivision 1; 446A.12, subdivision 1; Minnesota Statutes 2005
Supplement, sections 116.182, subdivision 2; 116J.575, subdivision 1; Laws
2000, chapter 492, article 1, section 7, subdivision 21, as amended; Laws 2002,
chapter 393, section 19, subdivision 2; Laws 2005, chapter 20, article 1,
sections 7, subdivisions 14, 21; 19, subdivision 6; 20, subdivisions 2, 3; 23,
subdivisions 3, 12; 27; proposing coding for new law in Minnesota Statutes, chapters
16B; 85; 116J; 446A.
May 20, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F. No. 2959 report that
we have agreed upon the items in dispute and recommend as follows:
That
the Senate recede from its amendments and that H. F. No. 2959 be further
amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. CAPITAL IMPROVEMENT APPROPRIATIONS.
The sums shown in the column under "APPROPRIATIONS"
are appropriated from the bond proceeds fund, or another named fund, to the
state agencies or officials indicated, to be spent for public purposes. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, article XI, section 5, paragraph
(a), to acquire and better public land and buildings and other public
improvements of the capital nature, or as authorized by the Minnesota
Constitution, article XI, section 5, paragraphs (b) to (j), or article
XIV. Unless otherwise specified, the
appropriations in this act are available until the project is completed or
abandoned subject to Minnesota Statutes, section 16A.642.
SUMMARY
UNIVERSITY
OF MINNESOTA $115,733,000
MINNESOTA
STATE COLLEGES AND UNIVERSITIES 191,430,000
EDUCATION 17,200,000
MINNESOTA
STATE ACADEMIES 2,534,000
PERPICH
CENTER FOR ARTS EDUCATION 1,051,000
NATURAL
RESOURCES 100,704,000
POLLUTION
CONTROL AGENCY 17,300,000
BOARD OF
WATER AND SOIL RESOURCES 7,900,000
AGRICULTURE 1,500,000
ZOOLOGICAL
GARDEN 15,000,000
ADMINISTRATION 9,250,000
CAPITOL
AREA ARCHITECTURAL AND PLANNING BOARD 2,400,000
MILITARY
AFFAIRS 7,579,000
PUBLIC
SAFETY 1,000,000
TRANSPORTATION 143,000,000
METROPOLITAN
COUNCIL 55,962,000
HUMAN
SERVICES 58,321,000
VETERANS
HOMES BOARD 12,090,000
CORRECTIONS
EMPLOYMENT
AND ECONOMIC DEVELOPMENT 160,642,000
HOUSING
FINANCE AGENCY 19,500,000
MINNESOTA
HISTORICAL SOCIETY 5,672,000
BOND SALE
EXPENSES 948,000
CANCELLATIONS (7,800,000)
TOTAL $999,980,000
Bond
Proceeds Fund (General Fund Debt Service) 874,737,000
Bond
Proceeds Fund (User Financed Debt Service) 50,343,000
Maximum
Effort School Loan Fund 10,700,000
State
Transportation Fund 71,000,000
General
Fund 1,000,000
Bond
Proceeds Cancellations (7,800,000)
APPROPRIATIONS
$
Sec. 2.
UNIVERSITY OF MINNESOTA
Subdivision 1. To
the Board of Regents of the University of Minnesota for the purposes specified
in this section 115,733,000
Subd. 2. Higher education asset preservation and
replacement (HEAPR) 30,000,000
To be spent in accordance
with Minnesota Statutes, section 135A.046.
Subd. 3. Duluth
Campus
Labovitz
School of Business 15,333,000
To construct, furnish, and
equip a new building for the Labovitz School of Business and Economics to
include classrooms, offices, teaching laboratories, student services,
administrative support services, and utility upgrades.
APPROPRIATIONS
$
Subd. 4. Twin
Cities Campus
(a) Carlson
School of Management 26,600,000
To design and construct a
new facility to include classrooms, teaching laboratories, student services,
administrative support services, and office space for the Department of
Economics.
(b) Medical
Biosciences Building Phase 1 and utility upgrade 40,000,000
To design and construct a
new medical biosciences building to include research laboratories, lab support
facilities, faculty offices, and support services. Necessary utility upgrades are included.
Subd. 5. University
Research Centers
(a) Cedar Creek
Natural History Area, East Bethel 500,000
To design, construct,
furnish, and equip new housing for students and faculty, including visiting
faculty and researchers.
(b) Cloquet
Forestry Center Classroom Addition 500,000
To design, construct, furnish,
and equip an addition to the administration building for offices, expanded
classrooms, and educational support services.
Included are HVAC upgrades.
(c) West
Regional Outreach Center, Morris 2,500,000
To construct, furnish, and
equip a facility for the wind energy to hydrogen to anhydrous ammonia pilot
project
Subd. 6. Willmar,
Minnesota Poultry Testing Laboratory 300,000
For a grant to the Minnesota
Poultry Testing Laboratory in Willmar to design, construct, furnish, and equip
the renovation of the laboratory to substantially improve the laboratory's
efficiency and ability to meeting testing requirements and effectively serve
its expanding client base.
Subd. 7. Dakota
County Technical College Land Use
The Board of Regents of the
University of Minnesota is requested to continue the lease of 105 acres at the
Dakota County Technical College for the period ending June 30, 2008, at the
annual rate of $54,000.
APPROPRIATIONS
$
Subd. 8. University
Share
Except for Higher Education
Asset Preservation and Replacement (HEAPR) under subdivision 2, and the
appropriation under subdivision 6, the appropriations in this section are
intended to cover approximately two-thirds of the cost of each project. The remaining costs must be paid from university
sources.
Subd. 9. Unspent
Appropriations
Upon substantial completion
of a project authorized in this section and after written notice to the
commissioner of finance, the Board of Regents must use any money remaining in
the appropriation for that project for HEAPR under Minnesota Statutes, section
135A.046. The Board of Regents must
report by February 1 of each even-numbered year to the chairs of the house and
senate committees with jurisdiction over capital investments and higher
education finance, and to the chairs of the house Ways and Means Committee and
the senate Finance Committee, on how the remaining money has been allocated or
spent.
Sec. 3. MINNESOTA STATE COLLEGES AND
UNIVERSITIES
Subdivision 1. To
the Board of Trustees of the Minnesota State Colleges and Universities for the
purposes specified in this section 191,430,000
Subd. 2. Higher education asset preservation and
replacement 40,000,000
This appropriation is for
the purposes specified in Minnesota Statutes, section 135A.046.
Subd. 3. Alexandria
Technical College
Law
Enforcement Center 400,000
To design a new Law
Enforcement Center and related classroom renovation.
Subd. 4. Bemidji
State University
Sattgast
Hall 700,000
To design an addition to and
renovation of Sattgast Science Hall and to abate hazardous materials.
APPROPRIATIONS
$
Subd. 5. Century
College
Science
Instruction and Learning Resource Center 19,900,000
To construct, furnish, and
equip a new science instruction and learning resource center building on the
east campus in Phase 1.
Subd. 6. Fond
du Lac Tribal and Community College
Library and
Cultural Center 12,390,000
To construct, furnish, and
equip an addition and a renovation for a library and learning resource center,
and an addition for law enforcement, nursing education, cultural center, and
related spaces.
Subd. 7. Inver
Hills Community College
Fine Arts
Building 700,000
To design a classroom
addition to and renovation of the Fine Arts building.
Subd. 8. Lake
Superior Community and Technical College
Health and
Science Center 420,000
To design a two-phased
project to construct a health and science center addition and to renovate
existing spaces.
Subd. 9. Metropolitan
State University
(a) Smart
Classroom Center 300,000
To design two floors of
technology-enhanced classrooms and academic offices above the power plant.
(b) Law
Enforcement Center 350,000
To design, in cooperation
with Minneapolis Community and Technical College, a joint law enforcement
skills training facility for all metro area public higher education
institutions, to be located on the campus of Hennepin Technical College in
Brooklyn Park.
Subd. 10. Minneapolis
Community and Technical College
Science and
Allied Health Training Center 18,874,000
APPROPRIATIONS
$
To complete the design of
and to renovate, furnish, and equip spaces for science, nursing, and allied
healthcare programs to include classrooms, laboratories, and ancillary spaces,
in cooperation with Metropolitan State University. To renovate, furnish, and equip science
laboratories in Kopp Hall for general classroom instruction.
Subd. 11. Minnesota State College - Southeast
Technical College, Red Wing
Learning
Resource Center and Student Services 4,855,000
To
complete design and to renovate, furnish, and equip spaces for a library,
learning resource center, information technology, student services and commons,
bookstore, administration, music instrument repair, and allied health
classrooms and laboratories, and to construct an entryway addition.
Subd. 12. Minnesota
State University Mankato
Trafton
Hall, Phase 1 32,900,000
To construct, furnish, and
equip an addition to Trafton Hall for classrooms, science laboratories, and
related offices, and to construct, furnish, and equip renovations to Trafton
Hall North in Phase 1 to consolidate all engineering departments. University funds may be added to this
appropriation up to a total project cost of $33,250,000.
Subd. 13. Minnesota
State University, Moorhead
(a) Lommen
Hall 300,000
To design the renovation of
Lommen Hall and design construction of an addition to the basement.
(b) MacLean
Hall renovation 9,680,000
To renovate, furnish, and
equip MacLean Hall for classrooms, laboratories, and related offices, and
construct a new stairwell.
Subd. 14. Normandale
Community College
Fine Arts
Building 5,125,000
APPROPRIATIONS
$
To design, construct,
furnish, and equip an addition to the Fine Arts Building and the renovation of
the Fine Arts Building to provide classrooms, laboratories, and, in cooperation
with Minnesota State University, Mankato, a teacher preparation
department. The project will also design
an addition to the Health and Wellness Building and renovation of the building.
Subd. 15. North
Hennepin Community College
Center for
Business and Technology 350,000
To design a Business and
Technology Building addition and the renovation of the Career and Continuing
Education Building.
Subd. 16. Northland Community and Technical
College, East Grand Forks
Nursing,
Health Care, and Learning Resources Center 300,000
To design a nursing addition
and renovation of spaces for allied health laboratories, library, learning
resource center, student commons, bookstore, classrooms, ancillary spaces, and
boiler system expansion.
Subd. 17. Northeast Higher Education District,
Mesabi Range Community and Technical College, Eveleth
Technical
Laboratory Building 300,000
To design shop space to
house the Industrial Mechanical Technology and Carpentry programs, renovate
existing space for restrooms that comply with the Americans with Disabilities
Act, and replace the boiler, piping, and ventilation.
Subd. 18. St.
Cloud State University
(a) Robert
A. Wick Science Building 14,000,000
To design, construct,
furnish, and equip an addition to and renovation of the Robert A. Wick Science
Building for classrooms, science laboratories, and related offices in Phase 1.
(b)
Riverview Hall Renovation 4,500,000
To design, renovate,
furnish, and equip Riverview Hall for general and technology-enhanced
classrooms and ancillary spaces.
APPROPRIATIONS
$
Subd. 19. St.
Paul College
Transportation
and Applied Technology Laboratories and Shops 3,000,000
To design renovation of
classrooms, the transportation and applied technology and trades laboratories
on the ground floor, to design construction of an expansion of the truck
mechanics shop, and to design and construct the replacement of the campus
electrical distribution system in Phase 1.
Subd. 20. Southwest
Minnesota State University
Science and
Hotel and Restaurant Laboratories 300,000
To design renovation of
laboratories in the Science and Technology Building, laboratories and a
classroom in the Science and Math Building, and hotel and restaurant industries
teaching laboratories in the Individualized Learning Center.
Subd. 21. Winona
State University
(a) Maxwell
Hall renovation 11,186,000
To design, renovate,
furnish, and equip Maxwell Hall for classrooms, offices, a National Child
Protection Center and related spaces and to design, renovate, furnish, and
equip vacated spaces in Somsen, Phelps, and Gildemeister Halls.
(b)
Memorial Hall Design 400,000
To design an addition to
Memorial Hall and renovation of vacated spaces at Gildemeister Hall. The board may use nonstate funds for the
remainder of the cost of the design up to a total cost of $785,000.
Subd. 22. Systemwide
Initiatives
(a)
Demolition 1,660,000
To demolish obsolete
buildings or portions of buildings on campuses statewide. This appropriation may be used at the
following campuses: Minnesota West
Community and Technical College, Canby; Riverland Community College, Austin;
Southwest Minnesota State University; St. Cloud State University; and Winona
State University.
APPROPRIATIONS
$
(b) Science
labs and workforce initiatives 5,140,000
To renovate, furnish, and
equip teaching laboratories and classrooms for science and applied technology
at campuses statewide. Campuses may use
nonstate funds to increase the size of the projects. This appropriation may be used at the
following campuses: Central Lakes
College, Brainerd; Minnesota State College, Southeast Technical, Winona;
Minnesota State Community and Technical College, Moorhead and Detroit Lakes;
Minnesota West Community and Technical College, Granite Falls; Northland
Community and Technical College, Thief River Falls; Northwest Technical
College, Bemidji, Pine Technical College; Riverland Community College, Austin;
and South Central College, Faribault.
(c)
Property Acquisition 3,400,000
To acquire real property
adjacent to the state college and university campuses or within the boundaries
of the campus master plan. This
appropriation may be used at St. Cloud Technical College.
Subd. 23. Debt
service
(a) The board shall pay the
debt service on one-third of the principal amount of state bonds sold to
finance projects authorized by this section, except for higher education asset
preservation and replacement and the design of Memorial Hall at Winona State
University, except that, where a nonstate match is required, the debt service
is due on a principal amount equal to one-third of the total project cost, less
the match committed before the bonds are sold.
After each sale of general obligation bonds, the commissioner of finance
shall notify the board of the amounts assessed for each year for the life of
the bonds.
(b) The commissioner shall
reduce the board's assessment each year by one-third of the net income from
investment of general obligation bond proceeds in proportion to the amount of
principal and interest otherwise required to be paid by the board. The board shall pay its resulting net
assessment to the commissioner of finance by December 1 each year. If the board fails to make a payment when
due, the commissioner of finance shall reduce allotments for appropriations
from the general fund otherwise available to the board and apply the amount of
the reduction to cover the missed debt service payment. The commissioner of finance shall credit the
payments received from the board to the bond debt service account in the state
bond fund each December 1 before money is transferred from the general fund
under Minnesota Statutes, section 16A.641, subdivision 10.
APPROPRIATIONS
$
Subd. 24. Unspent
Appropriations
(a) Upon substantial
completion of a project authorized in this section and after written notice to
the commissioner of finance, the Board of Trustees must use any money remaining
in the appropriation for that project for HEAPR under Minnesota Statutes,
section 135A.046. The Board of Trustees
must report by February 1 of each even-numbered year to the chairs of the house
and senate committees with jurisdiction over capital investments and higher
education finance, and to the chairs of the house Ways and Means Committee and
the senate Finance Committee, on how the remaining money has been allocated or
spent.
(b) The unspent portion of
an appropriation for a project in this section that is complete, is available
for higher education asset preservation and replacement under this subdivision,
at the same campus as the project for which the original appropriation was made
and the debt service requirement under subdivision 23 is reduced accordingly. Minnesota Statutes, section 16A.642, applies
from the date of the original appropriation to the unspent amount transferred.
Sec. 4.
MINNESOTA DEPARTMENT OF
EDUCATION 17,200,000
Subdivision 1. To
the commissioner of education for the purposes specified in this section.
Subd. 2. Independent
School District No. 707, Nett Lake 10,700,000
This appropriation is from
the maximum effort school loan fund for a capital loan to Independent School
District No. 707, Nett Lake, as provided in Minnesota Statutes, sections
126C.60 to 126C.72, to design, construct, furnish, and equip renovation of the
elementary school and construction of a new facility to house Head Start, day
care, youth programs, a community medical clinic, and K-6 education. The commissioner and Independent School
District No. 707, Nett Lake, shall report to the legislature by January 10,
2007, on the progress of the capital loan.
Subd. 3. Library
improvement grants 1,000,000
For library improvement
grants under Minnesota Statutes, section 134.45, subdivision 5b.
APPROPRIATIONS
$
Subd. 4. MacPhail
Music Center 5,000,000
(a) For a grant to the city
of Minneapolis to predesign, design, construct, furnish, and equip a new
facility for the MacPhail Center for Music.
The city of Minneapolis may enter into a lease or management agreement
to operate the center, subject to Minnesota Statutes, section 16A.695. This appropriation is not available until the
commissioner has determined that not less than $15,000,000 has been committed
to the MacPhail Center for Music from nonstate sources, and that the available
money is sufficient to complete a functional facility. Money secured before the effective date of
this section may count toward the required commitment of nonstate sources,
provided it is used for qualified capital expenditures. Any land acquisition costs paid by MacPhail
Center for Music qualify as capital expenditures.
(b) The city of Minneapolis
may provide money to predesign, design, construct, furnish, and equip a center
for music education, including classrooms and a recital hall in the city of
Minneapolis, to provide a facility for education of students, music therapy
programs for persons with disabilities, music teacher training opportunities,
curriculum and program development, and to provide the programming in public
and private schools and in partnership with other organizations throughout the
state.
Subd.
5. Early Childhood Learning and Child Protection Facilities 500,000
To the commissioner of human
services for grants to rehabilitate facilities for programs under Minnesota
Statutes, section 119A.45, except that a grant may not exceed $75,000 per
program and $200,000 per facility.
Sec. 5.
MINNESOTA STATE ACADEMIES
Subdivision
1. To the commissioner of
administration for the purposes specified in this section 2,534,000
Subd. 2. Asset
preservation 2,509,000
For asset preservation on
both campuses of the academies, to be spent in accordance with Minnesota
Statutes, section 16B.307.
Subd. 3. Frechette
Hall 25,000
To begin to design the
renovation of Frechette Hall, including a new electrical system, new HVAC
system, new windows, plumbing upgrades, removal of the fireplace and sunken
seating in the commons area, addition of recreational space for students to
utilize during inclement weather, and repair of the Scout Cabin.
APPROPRIATIONS
$
Sec. 6.
PERPICH CENTER FOR ARTS
EDUCATION 1,051,000
To the commissioner of
administration for campus asset preservation at the Perpich Center for Arts
Education, including sewer line replacement, air conditioning, reroofing of the
east half of the main school building, and sidewalk and paving improvements, to
be spent in accordance with Minnesota Statutes, section 16B.307.
Sec. 7.
NATURAL RESOURCES
Subdivision
1. To the commissioner of natural
resources for the purposes specified in this section 100,704,000
The appropriations in this
section are subject to the requirements of the natural resources capital
improvement program set forth in new Minnesota Statutes, section 86A.12, unless
this section or the statutes referred to in this section provide more specific
standards, criteria, or priorities for projects than section 86A.12.
Subd. 2. Statewide
Asset Preservation 2,000,000
For the renovation of
state-owned facilities operated by the commissioner of natural resources, to be
spent in accordance with Minnesota Statutes, section 16B.307. The commissioner may use this appropriation
to replace buildings if that is the most cost-effective method of renovation.
The unspent portion of an
appropriation, but not to exceed ten percent of the appropriation, for a
project in this section that is complete, other than an appropriation for flood
hazard mitigation, is available for asset preservation. Minnesota Statutes, section 16A.642, applies
from the date of the original appropriation to the unspent amount transferred.
Subd. 3. Flood
Hazard Mitigation Grants 25,000,000
For the state share of flood
hazard mitigation grants for publicly owned capital improvements to prevent or
alleviate flood damage under Minnesota Statutes, section 103F.161.
The commissioner shall
determine project priorities as appropriate, based on need.
This appropriation includes
money for the following projects:
(a) Austin
(b) Albert Lea
APPROPRIATIONS
$
(c) Crookston
(d) Canisteo Mine
(e) Delano
(f) East Grand Forks
(g) Golden Valley
(h) Grand Marais Creek
(i) Granite Falls
(j) Inver Grove Heights
(k) Manston Slough
(l) Oakport Township
(m) Riverton Township
(n) Shell Rock Watershed
District
(o) St. Vincent
(p) Wild Rice River
Watershed District
For any project listed in
this subdivision that the commissioner determines is not ready to proceed or
does not expend all the money allocated to it, the commissioner may allocate
that project's money to a project on the commissioner's priority list.
To the extent that the cost
of a project in Ada, Breckenridge, Crookston, Dawson, East Grand Forks, Granite
Falls, Montevideo, Oakport Township, Roseau, St. Vincent, or Warren exceeds two
percent of the median household income in the municipality multiplied by the
number of households in the municipality, this appropriation is also for the
local share of the project. The local share
for the St. Vincent dike may not exceed $30,000.
Subd. 4. Dam
renovation and removal 2,250,000
To renovate or remove
publicly owned dams. The commissioner
shall determine project priorities as appropriate under Minnesota Statutes,
sections 103G.511 and 103G.515.
APPROPRIATIONS
$
$250,000 is for a grant to
the city of Kenyon for the Kenyon embankment removal project.
Notwithstanding Minnesota
Statutes, section 16A.69, subdivision 2, upon the award of final contracts for
the completion of a project listed in this subdivision, the commissioner may
transfer the unencumbered balance in the project account to any other dam
renovation or removal project on the commissioner's priority list.
Subd. 5. Stream
protection and restoration 2,000,000
For the design and
construction of the following stream protection and restoration projects: the
Red Lake River, Otter Tail Power dam upstream of Crookston; Otter Tail River,
Lake Breckinridge dam; Red River of the North, Christine, and Hickson dams; West
Branch of the Lac Qui Parle River, Dawson; Des Moines River, city of Jackson
dam; South Fork Crow River, Hutchinson dam; and Red River of the North, $25,000
for riverbank protection and restoration within the city of Oslo.
Subd. 6. Water access acquisition, betterment,
and fishing piers 3,000,000
For public water access
acquisition, construction, and renovation projects of a capital nature on lakes
and rivers, including water access through the provision of fishing piers and
shoreline access under Minnesota Statutes, section 86A.05, subdivision 9.
Subd. 7. Lake
Superior safe harbors 3,000,000
To design and construct
capital improvements to public accesses and small craft harbors on Lake
Superior in accordance with Minnesota Statutes, sections 86A.20 to 86A.24, and
in cooperation with the United States Army Corps of Engineers.
This appropriation may be
used to develop the harbor of refuge and marina at Two Harbors and is added to
the appropriations in Laws 1998, chapter 404, section 7, subdivision 24; and
Laws 2000, chapter 492, article 1, section 7, subdivision 21, as amended by
Laws 2005, chapter 20, article 1, section 42.
Notwithstanding those laws, the commissioner may proceed with the Two
Harbors project upon securing an agreement with the U.S. Army Corps of
Engineers that commits federal expenditures of at least $4,000,000 to the
project.
APPROPRIATIONS
$
Subd. 8. Fisheries
acquisition and improvement 2,000,000
To acquire land and
interests in land for aquatic management areas and to make public improvements
and betterments of a capital nature to aquatic management areas established
under Minnesota Statutes, section 86A.05, subdivision 14.
Subd. 9. Fish
hatchery improvements 1,000,000
For improvements of a
capital nature to renovate fish culture facilities at hatcheries owned by the
state and operated by the commissioner of natural resources under Minnesota
Statutes, section 97A.045, subdivision 1.
Subd.
10. RIM - wildlife area land acquisition and improvement 14,000,000
To acquire land for wildlife
management area purposes and for improvements of a capital nature to develop,
protect, or improve habitat and facilities on wildlife management areas under
Minnesota Statutes, section 86A.05, subdivision 8.
Subd. 11. Water
control structures 1,000,000
To rehabilitate or replace
water control structures used to manage shallow lakes and wetlands for
waterfowl habitat on wildlife management areas under Minnesota Statutes,
section 86A.05, subdivision 8.
Subd. 12. Native
prairie bank easements and development 1,000,000
To acquire native prairie
bank easements under Minnesota Statutes, section 84.96, and to develop and
restore certain tracts of prairie bank lands for which the easement is
permanent.
Subd. 13. Scientific and natural area acquisition
and development 2,000,000
To
acquire land for scientific and natural areas and for protection and
improvements of a capital nature to scientific and natural areas under
Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5.
Subd. 14. State
forest land acquisition 1,000,000
To acquire private lands
from willing sellers within the boundaries of state forests established under
Minnesota Statutes, section 89.021.
APPROPRIATIONS
$
Subd. 15. Large scale forest land and Forest
Legacy conservation easements 7,000,000
To acquire conservation
easements as described under Minnesota Statutes, chapter 84C, on private forest
lands and within Forest Legacy Areas established under United States Code, title
16, section 2103c. The conservation
easements must guarantee public access, including hunting and fishing. Expenditure of money from this appropriation
within a Forest Legacy Area must be matched by $2 of nonstate money for each $1
of state money.
Subd. 16. State
forest land reforestation 4,000,000
To increase reforestation
activities to meet the reforestation requirements of Minnesota Statutes,
section 89.002, subdivision 2, including planting, seeding, site preparation,
and purchasing tree seeds and seedlings.
Subd. 17. State
park and recreation area acquisition 3,000,000
To acquire from willing
sellers private lands within state parks established under Minnesota Statutes,
section 85.012, and state recreation areas established under Minnesota
Statutes, section 85.013.
Subd. 18. State park infrastructure rehabilitation
and natural resource restoration 3,000,000
For infrastructure
rehabilitation and natural resource restoration projects within state parks
established under Minnesota Statutes, section 85.012, and state recreation
areas established under Minnesota Statutes, section 85.013.
$25,000 is for electrical
hookups at Monson Lake State Park.
Subd. 19. State
park building construction and rehabilitation 3,000,000
To construct and to renovate
buildings in state parks and state recreation areas in accordance with a master
plan required under Minnesota Statutes, section 86A.09.
$1,500,000 is to construct a
visitor center at Grand Portage State Park.
The unexpended balance from the appropriation in Laws 2005, chapter 20,
article 1, section 7, subdivision 22, to predesign and design the center may be
added to this appropriation.
APPROPRIATIONS
$
Subd. 20. State
park camper cabins 2,000,000
To construct camper cabins
and upgrade infrastructure for the cabins in state parks under Minnesota
Statutes, section 85.012, and state recreation areas under Minnesota Statutes,
section 85.013.
$150,000 is for camper
cabins at Glacial Lakes State Park and $150,000 is for camper cabins at Sibley
State Park.
Subd. 21. State
trail acquisition and development 10,811,000
To acquire land for and to
construct and renovate state trails under Minnesota Statutes, section 85.015.
$750,000 is for the
Blufflands Trail: $350,000 is for the Chester Woods segment; $300,000 is for
the segment from Preston to Forestville; and $100,000 is for the Root River
segment.
$500,000 is for the Casey
Jones Trail.
$400,000 is for the Cuyuna
Lakes Trail.
$750,000 is for the Gateway
Trail.
$1,185,000 is for the
Gitchi-Gami Trail.
$1,000,000 is for the
Glacial Lakes Trail from New London to Paynesville. Money not needed for that segment may be used
for the segment from Paynesville to Richmond.
$500,000 is for the Goodhue
Pioneer Trail.
$250,000 is for the
Heartland Trail from Park Rapids to Detroit Lakes.
$1,000,000 is for the Mill
Towns Trail.
$226,000 is for the
Minnesota River Trail from Big Stone National Wildlife Refuge to the city of
Ortonville.
$1,500,000 is for the Paul
Bunyan Trail.
$750,000 is for the Shooting
Star Trail.
$2,000,000 is for the
rehabilitation of state trails.
APPROPRIATIONS
$
For any project listed in
this subdivision that the commissioner determines is not ready to proceed, the
commissioner may allocate that project's money to another state trail project
identified in this subdivision. The
chairs of the house and senate committees with jurisdiction over environment
and natural resources and legislators from the affected legislative districts
must be notified of any changes.
Subd. 22. Regional
trails 1,133,000
For matching grants under
Minnesota Statutes, section 85.019, subdivision 4b.
$648,000 is for the Agassiz
Recreational ATV Trail.
$485,000 is for a grant to
the Central Minnesota Regional Parks and Trails Coordination Board to design,
engineer, and construct 6.3 miles of trail and two parking areas along the
Mississippi River in Sherburne County, to be known as Xcel Energy Great River
Woodland Trail.
Subd. 23. Trail
connections 2,010,000
For matching grants under
Minnesota Statutes, section 85.019, subdivision 4c.
$500,000 is for a grant to
Carlton County to predesign, design, and construct a nonmotorized pedestrian
trail connection to the Willard Munger State Trail from the city of Carlton
through the city of Scanlon continuing to the city of Cloquet, along the St.
Louis River in Carlton County.
$260,000 is to provide the
state match for the cost of the Soo Line Multiuse Recreational Bridge project
over marked Trunk Highway 169 in Mille Lacs County.
$175,000 is for a grant to
the city of Bowlus in Morrison County to design, construct, furnish, and equip
a trailhead center at the head of the Soo Line Recreational Trail.
$125,000 is for a grant to
Morrison County to predesign, design, construct, furnish, and equip a
park-and-ride lot and restroom building adjacent to the Soo Line Recreational
Trail at U.S. Highway 10.
APPROPRIATIONS
$
$950,000 is for a grant to
the St. Louis and Lake Counties Regional Railroad Authority for land acquisition,
engineering, construction, furnishing, and equipping of a 19-mile
"Boundary Waters Connection" of the Mesabi Trail from Bearhead State
Park to the International Wolf Center in Ely.
This appropriation is contingent upon a matching contribution of $950,000
from other sources, public or private.
Subd. 24. Metro
greenways and natural areas 500,000
To provide grants to local
units of government for acquisition or betterment of greenways and natural
areas in the metro region and portions of the surrounding counties and to
acquire greenways and natural areas in the metro region and portions of the
surrounding counties through the purchase of conservation easements or fee
titles. The commissioner shall determine
the project priorities and shall consult with representatives of local units of
government, nonprofit organizations, and other interested parties.
Subd. 25. Local
initiative grants 2,000,000
(1) For grants to units of
government to acquire and better parks and outdoor recreation areas under
Minnesota Statutes, section 85.019, subdivision 2; and
(2) for grants to units of
government to acquire and better natural and scenic areas under Minnesota
Statutes, section 85.019, subdivision 4a.
Subd. 26. Forest
Roads and Bridges 1,000,000
For reconstruction,
resurfacing, replacement, and construction of state forest roads and bridges
under Minnesota Statutes, section 89.002.
Subd. 27. Prairie
Wetlands ELC 2,000,000
For a grant under Minnesota
Statutes, section 84.0875, to the city of Fergus Falls to predesign, design,
construct, furnish, and equip the expansion of the Prairie Wetlands
Environmental Learning Center.
Sec. 8.
POLLUTION CONTROL AGENCY
Subdivision 1. To
the Pollution Control Agency for the purposes specified in this section 17,300,000
APPROPRIATIONS
$
Subd. 2. Closed
Landfill Program 10,800,000
To design and construct
remedial systems and acquire land at landfills throughout the state in
accordance with the closed landfill program under Minnesota Statutes, section
115B.39 to 115B.42.
$3,650,000 is to design and
construct remedial systems at the Albert Lea Landfill, including relocating and
incorporating waste from the former Albert Lea Dump owned by the City of Albert
Lea pursuant to Minnesota Statutes, section 115B.403, which action may be taken
by the Pollution Control Agency notwithstanding the provisions of Minnesota
Statutes, section 115B.403, paragraphs (a) and (b).
Subd. 3. Capital
Assistance Program 4,000,000
For the solid waste capital
assistance grants program under Minnesota Statutes, section 115A.54.
Subd. 4. Koochiching
RECAP 2,500,000
For a grant to Koochiching
County to prepare a site for and to design, construct, and equip a plasma torch
gasification facility that converts municipal solid waste into energy and slag,
reducing the need to dispose of the waste in a landfill.
This appropriation is not
available until the commissioner has determined that at least an equal amount
has been committed to the project from nonstate sources.
Sec. 9.
BOARD OF WATER AND SOIL
RESOURCES
Subdivision 1. To
the Board of Water and Soil Resources for the purposes specified in this
section 7,900,000
Subd. 2. Wetland
replacement due to public road projects 4,200,000
$700,000 is from the general
fund to administer the program.
To acquire land for wetlands
or restore wetlands to be used to replace wetlands drained or filled as a
result of the repair, maintenance, or rehabilitation of existing public roads
as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraphs
(k) and (l).
APPROPRIATIONS
$
The purchase price paid for
acquisition of land, fee, or perpetual easement must be the fair market value
as determined by the board. The board
may enter into agreements with the federal government, other state agencies,
political subdivisions, and nonprofit organizations or fee owners to acquire
land and restore and create wetlands and to acquire existing wetland banking
credits. Acquisition of or the
conveyance of land may be in the name of the political subdivision.
Subd. 3. Streambank,
Lakeshore Erosion Control 1,000,000
For grants to soil and water
conservation districts for streambank, stream channel, lakeshore, and roadside
protection and restoration projects through the state cost-share program under
Minnesota Statutes, section 103C.501.
Subd. 4. Minnesota
River Area II 500,000
For grants to assist local
governments in Area II of the Minnesota River Basin to acquire, design, and
construct floodwater retention systems.
The grants are not available until the board determines that $1 has been
committed to the project from nonstate sources for every $3 of state grant.
Subd. 5. Grass
Lake 2,200,000
To acquire conservation
easements, reroute County Ditch 23A, construct water control structures, and
plant vegetation in order to restore the Grass Lake prairie wetland basin
adjacent to the city of Willmar in Kandiyohi County.
Sec. 10.
AGRICULTURE 1,500,000
To the commissioner of
administration to construct, furnish, and equip a biosafety level 3 agriculture
laboratory in the Agriculture and Health Joint Laboratory facility in St. Paul.
Sec. 11.
MINNESOTA ZOOLOGICAL GARDEN
Subdivision 1. To
the Minnesota Zoological Garden for the purposes in this section. 15,000,000
Subd. 2. Asset
Preservation 7,500,000
For capital asset
preservation improvements and betterments, to be spent in accordance with
Minnesota Statutes, section 16B.307.
APPROPRIATIONS
$
Subd. 3. Master
Plan 7,500,000
For implementation of the
2001 Minnesota Zoological Garden Facilities and Business Master Plan.
Sec. 12.
ADMINISTRATION
Subdivision
1. To the commissioner of
administration for the purposes specified in this section 9,250,000
Subd.
2. Capital Asset Preservation and Replacement Account (CAPRA) 4,000,000
To be spent in accordance
with Minnesota Statutes, section 16A.632.
Subd. 3. Asset
Preservation 5,000,000
For asset preservation
projects in properties managed by the commissioner. This appropriation must be spent in
accordance with Minnesota Statutes, section 16B.307.
$150,000 is to restore and
renovate the Minnesota Peace Officers Memorial on the Capitol grounds in St.
Paul.
Subd. 4. Workers
Memorial 100,000
To design and construct a
workers memorial on the Capitol grounds in St. Paul.
Subd. 5. Hmong
Veterans Statue 150,000
To complete design and
construction of a statue in the capitol area to honor the Hmong veterans of the
war in Laos who were allied with American forces during the Vietnam War,
pursuant to Laws 2003, chapter 69.
Sec. 13. CAPITOL AREA ARCHITECTURAL AND PLANNING
BOARD
Capitol
Building 2,400,000
To the commissioner of
administration to renovate the dome of the Capitol and continue design work to
restore the Capitol Building.
The appropriation in this
section may not be spent on any project that affects space under the control of
the senate without the approval of the secretary of the senate nor on any
project that affects space under the control of the house of representatives
without the approval of the chief sergeant-at-arms of the house.
APPROPRIATIONS
$
Sec. 14.
MILITARY AFFAIRS 7,579,000
Subdivision 1. To
the adjutant general for the purposes specified in this section
Subd. 2. Asset
preservation 4,000,000
For asset preservation
improvements and betterments of a capital nature at military affairs facilities
statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.
Subd. 3. Facility
life safety improvements 1,000,000
For life safety improvements
and to correct code deficiencies at military affairs facilities statewide, to
be spent in accordance with Minnesota Statutes, section 16B.307.
Subd. 4. Lead
abatement and range conversion 1,029,000
For lead abatement and to
design, construct, furnish, and equip the current
indoor firing ranges in ten National Guard Training and Community Centers for
storage space, classrooms, and office space.
This appropriation may be used at Training and Community Centers located
in the cities of: Albert Lea, Bloomington,
Brainerd, Duluth, Jackson, Montevideo, Moorhead, Rochester, Rosemount, and St.
Peter.
Subd. 5. Facility
ADA compliance 1,400,000
For Americans with
Disabilities Act (ADA) alterations to existing National Guard Training and
Community Centers in locations throughout the state, to be spent in accordance
with Minnesota Statutes, section 16B.307.
Subd. 6. Starbase
Minnesota 150,000
For predesign and design of
a new facility for the Starbase Minnesota program, subject to Minnesota
Statutes, section 16A.695.
Sec. 15.
PUBLIC SAFETY
Scott County Public Safety Training
Center 1,000,000
To the commissioner of
public safety for a grant to Scott County to design, construct, furnish, and
equip a regional public safety training center.
APPROPRIATIONS
$
Sec. 16.
TRANSPORTATION
Subdivision 1. To
the commissioner of transportation for the purposes specified in this section 143,000,000
Subd. 2. Local
bridge replacement and rehabilitation 55,000,000
This appropriation is from
the bond proceeds account in the state transportation fund as provided in
Minnesota Statutes, section 174.50, to match federal money and to replace or
rehabilitate local deficient bridges.
Political subdivisions may
use grants made under this section to construct or reconstruct bridges,
including:
(1) matching federal-aid
grants to construct or reconstruct key bridges;
(2) paying the costs of
preliminary engineering and environmental studies authorized under Minnesota
Statutes, section 174.50, subdivision 6a;
(3) paying the costs to
abandon an existing bridge that is deficient and in need of replacement, but
where no replacement will be made; and
(4) paying the costs to
construct a road or street to facilitate the abandonment
of an existing bridge determined by the commissioner to be deficient, if the
commissioner determines that construction of the road or street is more cost
efficient than the replacement of the existing bridge.
$2,500,000 is for a grant to
Hennepin County to design replacement of the Lowry Avenue bridge carrying
County State-Aid Highway 153 across the Mississippi River in Minneapolis.
Subd. 3. Local
Road Improvement Program 16,000,000
This appropriation is from
the bond proceeds account in the state transportation fund as provided in
Minnesota Statutes, section 174.50.
$7,650,000 is for
construction and reconstruction of local roads with statewide or regional
significance under Minnesota Statutes, section 174.52, subdivision 4. Of this amount, $500,000 is for county
state-aid highway 46 between Interstate 35 and Interstate 90 in Freeborn
County.
APPROPRIATIONS
$
$7,650,000 is for grants to
counties to assist in paying the costs of capital improvement projects on
county state-aid highways under Minnesota Statutes, section 174.52, subdivision
4a, but not to the county of Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey,
Scott, or Washington.
$700,000 is for a grant to
the city of Staples in Todd County to predesign, design, and construct a
highway overpass over U.S. Highway 10
and the Burlington Northern Santa Fe Railroad tracks in Staples.
Subd. 4. Northstar
Commuter Rail 60,000,000
(a) To acquire land, or an
interest in land, and to design, construct, furnish, and equip the Northstar
commuter rail line serving Big Lake to downtown Minneapolis and to acquire
land, or an interest in land, and to design, construct, furnish, and equip the
extension of the Hiawatha light rail transit line from its terminus in downtown
Minneapolis to a new terminus near Fifth Avenue North adjacent to the proposed
downtown Minneapolis commuter rail station.
(b) This appropriation is
added to the appropriation in Laws 2005, chapter 20, article 1, section 18,
subdivision 5.
(c) This appropriation is
not available until a full-funding grant agreement has been executed with the
Federal Transit Administration.
(d) If the Northstar
commuter rail line is extended from Big Lake to the St. Cloud area, regional
rail authority members of the Northstar Corridor Development Authority who did
not fund a portion of the share of capital costs from Minneapolis to Big Lake
shall contribute an amount for the extension equal to the amount they would
have contributed for their proportional share of the entire line from
Minneapolis to the St. Cloud area.
Subd. 5. Northeast
Minnesota rail initiative 1,300,000
For a grant to St. Louis
County to renovate the St. Louis County Heritage and Arts Center (the Duluth
Depot) and to match federal money for preliminary engineering, environmental
studies, and construction of the rail line, railway stations, park-and-ride
lots, and other railroad appurtenances necessary to facilitate the return of
intercity and commuter/passenger rail service within Duluth and the Duluth/Twin
Cities rail corridor.
APPROPRIATIONS
$
Subd. 6. Rail
Service Improvement 3,700,000
For the rail service
improvement program, to be spent for the purposes set forth in Minnesota
Statutes, section 222.50, subdivision 7.
(a) $700,000 is for a grant
to the McLeod County Railroad Authority to acquire land for and to design and
construct a railroad switching yard facility in Glencoe. This appropriation is not available until the
commissioner determines that funds sufficient to complete the project are
committed to the project from nonstate sources.
(b) $1,000,000 is for a
grant to the Minnesota Valley Regional Rail Authority to rehabilitate up to 33
miles of railroad track from Gibbon to Norwood-Young America. The commissioner may not make the grant until
the commissioner has determined that the authority has obtained a commitment
for at least $495,000 in federal funds for the project. A grant under this paragraph is in addition
to any grant, loan, or loan guarantee for this project made by the commissioner
under Minnesota Statutes, sections 222.46 to 222.62.
Subd. 7. Port
Development Assistance 3,000,000
For grants under Minnesota
Statutes, chapter 457A. Any improvements
made with the proceeds of these grants must be publicly owned.
Subd. 8. Greater
Minnesota Transit 2,000,000
For capital assistance for
greater Minnesota transit systems to be used for transit capital facilities
under Minnesota Statutes, section 174.24, subdivision 3c. Money from this appropriation may be used to
pay up to 80 percent of the nonfederal share of these facilities.
Subd. 9. St.
Cloud Regional Airport 2,000,000
For a grant to the city of
St. Cloud to acquire land adjacent to the St. Cloud Regional Airport.
Sec. 17.
METROPOLITAN COUNCIL
Subdivision 1. To
the Metropolitan Council for the purposes specified in this section 55,962,000
APPROPRIATIONS
$
Subd. 2. I-35W
Bus Rapid Transit (BRT) 3,300,000
For design, preliminary
engineering, and construction of passenger facilities for a Bus Rapid Transit
station at 46th Street and Interstate 35W.
Subd. 3. Cedar
Avenue Bus Rapid Transit (BRT) 5,000,000
For environmental studies,
preliminary engineering, bus lane improvements, and transit station construction
and improvements in the Cedar Avenue Bus Rapid Transit Corridor.
This appropriation may not
be spent for capital improvements within a trunk highway right-of-way.
Subd. 4. Central
corridor transit way 7,800,000
To
conduct environmental studies, complete preliminary engineering, and design the Central corridor transit way between downtown Minneapolis
and downtown St. Paul.
This appropriation may not
be spent for capital improvements within a trunk highway right-of-way.
This appropriation is not
available until the commissioner of finance has determined that, by September
1, 2006, the Metropolitan Council, the Ramsey County Regional Rail Authority,
and the Hennepin County Regional Rail Authority have entered into a memorandum
of understanding that specifies future expected funding shares for operating
and capital for the Central Corridor Transit Way. The agreement must require that the named
agencies be responsible for at least one-third of the state and local match to
federal new-start capital funding.
Subd. 5. Red
Rock corridor transit way 500,000
For preliminary engineering
and environmental review of the Red Rock corridor transit way between Hastings
and Minneapolis via St. Paul.
Subd. 6. Robert
Street corridor transit way 500,000
For environmental studies
and preliminary engineering of bus rapid transit or light rail transit for the
Robert Street corridor transit way along a corridor on or parallel to U.S.
Highway 52 and Robert Street from within the city of St. Paul to Dakota County
Road 42 in Rosemount.
APPROPRIATIONS
$
Subd. 7. Union
Depot 3,500,000
For a grant to the Ramsey
County Regional Railroad Authority to acquire land and structures, to renovate
structures, and for design, engineering, and environmental work to revitalize
Union Depot for use as a multimodal transit center in St. Paul.
Subd. 8. Metropolitan Regional Parks Capital Improvements 35,362,000
For the cost of improvements
and betterments of a capital nature and acquisition by the council and local
government units of regional recreational open-space lands in accordance with
the council's policy plan as provided in Minnesota Statutes, section
473.147. Priority must be given to park
rehabilitation and land acquisition projects.
$300,000 is for a grant to
the city of Bloomington to renovate the old Cedar Avenue bridge to serve as a
hiking and bicycling trail connection.
$6,000,000 is to acquire land
for the Empire Wetlands Wildlife Area and Regional Park in Dakota County.
$1,800,000 is for a grant to
the city of Minneapolis to complete construction of the Cedar Lake Trail.
$3,500,000 is for a grant to
the Minneapolis Park and Recreation Board to design, construct, furnish, and
equip a new cultural and community center in the East Phillips neighborhood in
Minneapolis.
$250,000 is for a grant to
the Minneapolis Park and Recreation Board to predesign completion of the Grand
Rounds National Scenic Byway by providing a link between northeast Minneapolis
on Stinson Avenue and Southeast Minneapolis at East River Road.
$2,500,000 is for a grant to
the Minneapolis Park and Recreation Board to mitigate flooding at Lake of the
Isles in the city of Minneapolis. The
grant must be used for shoreline stabilization and restoration, dredging,
wetland replacement, and other infrastructure improvements necessary to deal
with the 1997 flood damage and to prevent future flooding.
$321,000 is for a grant to
Ramsey County to construct a bicycle and pedestrian trail on the north side of
Lower Afton Road between Century Avenue and McKnight Road in the city of
Maplewood. This appropriation is not
available until the commissioner has determined that at least an equal amount
has been committed from nonstate sources.
APPROPRIATIONS
$
$9,000,000 is for a grant to
the city of St. Paul to predesign, design, construct, furnish, equip, and
redevelop infrastructure at the Como Zoo.
$2,500,000 is for a grant to
the city of St. Paul to acquire land for and to predesign, design, construct,
furnish, and equip river park development and redevelopment infrastructure in
National Great River Park along the Mississippi River in St. Paul.
$2,000,000 is for a grant to
the city of South St. Paul for the closure, capping, and remediation of
approximately 80 acres of the Port Crosby construction and demolition debris
landfill in South St. Paul, as the fifth phase of converting the land into
parkland, and to restore approximately 80 acres of riverfront land along the
Mississippi River.
$191,000 is for a grant to
the city of White Bear Lake to construct the Lake Avenue Regional Trail
connecting Highway 96 Regional Trail with Ramsey Beach.
Sec. 18.
HUMAN SERVICES
Subdivision
1. To the commissioner of
administration for the purposes specified in this section 58,321,000
Subd. 2. Asset
preservation and facility design 3,000,000
For asset preservation
improvements and betterments of a capital nature at Department of Human
Services facilities statewide, to be spent in accordance with Minnesota
Statutes, section 16B.307. Notwithstanding
section 16B.307, subdivision 1, paragraph (d), any portion of this
appropriation may also be used to design the second phase of additional
residential, program, and ancillary service capacity for the Minnesota sex
offender treatment program at Moose Lake.
Subd. 3. Moose
Lake Sex Offender Treatment - Phase 1 41,321,000
To design, construct,
furnish, and equip the first of two phases of additional residential, program,
and ancillary service capacity for the Minnesota sex offender treatment program
at Moose Lake to accommodate 400 additional patients.
Subd.
4. St. Peter Regional Treatment Center Program and Activity Building
2,500,000
To design, construct,
furnish, and equip a new program and activity building on the lower campus of
the St. Peter Regional Treatment Center for individuals committed as sexual
psychopathic personalities, sexually dangerous persons, mentally ill, or
mentally ill and dangerous.
APPROPRIATIONS
$
Subd. 5. Statewide
Security Upgrades 5,000,000
To provide security upgrades
of a capital nature at Department of Human Services campuses, including but not
limited to: security fencing, control
centers, electronic monitoring and perimeter security equipment, electrical
distribution systems, and building security renovations. This appropriation may be used at the St.
Peter, Moose Lake, and Anoka campuses, and at the METO campus in Cambridge.
Subd. 6. Systemwide
Redevelopment, Reuse, or Demolition 5,000,000
To demolish surplus,
nonfunctional, or deteriorated facilities and infrastructure or to renovate
surplus, nonfunctional, or deteriorated facilities and infrastructure at
Department of Human Services campuses that the commissioner of administration
is authorized to convey to a local unit of government under Laws 2005, chapter
20, article 1, section 46, or other law.
These projects must facilitate the redevelopment or reuse of these
campuses and must be implemented consistent with the comprehensive redevelopment
plans developed and approved under Laws 2003, First Special Session chapter 14,
article 6, section 64, subdivision 2, unless expressly provided otherwise. If a surplus campus is sold or transferred to
a local unit of government, unspent portions of this appropriation may be
granted to that local unit of government for the purposes stated in this
subdivision.
Subd. 7. Systemwide
Roof Renovation and Replacement 1,500,000
For renovation and
replacement of roofs at Department of Human Services facilities statewide, to
be spent in accordance with Minnesota Statutes, section 16B.307.
Sec. 19.
VETERANS HOMES BOARD
Subdivision 1. To
the commissioner of administration for the purposes specified in this section 12,090,000
Subd. 2. Asset
Preservation 6,000,000
For asset preservation
improvements and betterments of a capital nature at veterans homes statewide,
to be spent in accordance with Minnesota Statutes, section 16B.307.
Subd. 3. Fergus
Falls Veterans Home 637,000
To design a 21-bed special
care unit to treat individuals with Alzheimer's disease or dementia.
APPROPRIATIONS
$
Subd. 4. Hastings
Veterans Home Supportive Housing 700,000
To design 30 units of
permanent supportive housing for veterans with disabilities.
The Minnesota Veterans Homes
Board and the Minnesota Housing Fiance Agency must work together cooperatively
on the development of a viable permanent supportive housing project to serve
only veterans on the campus of the Hastings home.
Subd. 5. Luverne
Veterans Home 599,000
To complete the design,
construction, furnishing, and equipping of an addition to the nursing care
facility, to be used as an Alzheimer's and dementia program, dining, and wander
area.
Subd. 6. Minneapolis
Veterans Home
Emergency
Power 2,457,000
To upgrade the emergency
power system to make it code compliant and add emergency power outlets to
Building 17.
Federal money received by
the Minnesota Veterans Homes Board of Directors as reimbursement for 65 percent
of this state capital expenditure must be credited to the debt service account
in the state bond fund.
Subd. 7. Silver
Bay Veterans Home
Master Plan Renovation 1,697,000
For the state share of the
cost to design, construct, furnish, and equip an addition to and renovation of
the nursing care facility.
Sec. 20.
CORRECTIONS
Subdivision 1. To
the commissioner of administration for the purposes specified in this section 61,065,000
Subd. 2. Asset
Preservation 5,000,000
For improvements and
betterments of a capital nature at Minnesota correctional facilities statewide,
in accordance with Minnesota Statutes, section 16B.307.
APPROPRIATIONS
$
Subd. 3. Minnesota
Correctional Facility - Faribault
Phase 2 27,993,000
To design, construct,
furnish, and equip an expansion at the Minnesota Correctional Facility -
Faribault, to include, but not be limited to, one new 416-bed, double-bunked,
wet-celled lockable living unit; renovation of an existing living unit into a
long-term care housing unit; additional programming space; and demolition of
one vacated unit.
Subd. 4. Minnesota
correctional facility - Lino Lakes
Medical
services 2,494,000
To design, construct,
furnish, and equip the renovation of the southeast portion of the B building to
provide consolidated health, dental, and psychological services to offenders at
the facility.
Subd. 5. Minnesota
Correctional Facility - Red Wing
Vocational
Education Building 623,000
To design a new vocational
education building with a combined classroom and shop complex.
Subd. 6. Minnesota
correctional facility - Shakopee
Bed
Expansion 5,375,000
To design, construct,
furnish, and equip an addition to accommodate 92 beds.
Subd. 7. Minnesota
correctional facility - Stillwater
Segregation
Unit 19,580,000
To complete design and to
construct, furnish, and equip a 150-bed segregation unit.
Sec. 21. EMPLOYMENT
AND ECONOMIC DEVELOPMENT
Subdivision 1. To
the commissioner of employment and economic development or other named agency
for the purposes specified in this section 160,642,000
APPROPRIATIONS
$
Subd. 2. State
match for federal grants 38,800,000
(a) To the Public Facilities
Authority:
(1) to match federal grants
for the water pollution control revolving fund under Minnesota Statutes,
section 446A.07; and
(2) to match federal grants
for the drinking water revolving fund under Minnesota Statutes, section
446A.081.
(b) The expenditure and
allocation of state matching money between funds described in paragraph (a),
clauses (1) and (2), must ensure that the matching funds required for the
drinking water revolving fund are available to match the 2007 and 2008 federal
grants, with the balance to be made available to the water pollution control
revolving fund.
(c) This appropriation must
be used for qualified capital projects.
Subd. 3. Wastewater
infrastructure funding program 23,300,000
(a) To the Public Facilities
Authority for the purposes specified in this subdivision. $20,000,000 of this
appropriation is for grants and loans to eligible municipalities under the
wastewater infrastructure program established in Minnesota Statutes, section
446A.072.
To the greatest practical
extent, the authority must use the appropriation for projects on the 2006
project priority list in priority order by qualified applicants that submit
plans and specifications to the Pollution Control Agency or receive a funding
commitment from USDA Rural Economic and Community Development by June 30, 2007,
or for projects on the 2007 project priority list in priority order by
qualified applicants that submit plans and specifications to the Pollution
Control Agency or have received a funding commitment from USDA Rural Economic
and Community Development by December 31, 2007.
$300,000 of this
appropriation is from the general fund to implement the wastewater
infrastructure program.
(b) The grants listed in
this paragraph are not subject to the 2006 or 2007 project priority list nor to
the limitations on grant amounts set forth in Minnesota Statutes, section
446A.072, subdivision 5a.
APPROPRIATIONS
$
Up to $6,500,000 is for
corrective action on systems build since 2000 with federal USDA Rural and
Economic and Community Development money or Small Cities Development Program
grant money that are problematic or failing for the cities of Big Fork, Darfur,
Donaldson, Nerstrand, Palisade, Spring Hill, Strandquist, Tamarack, and Wolf
Lake. A grant must not exceed the amount
of federal money used in the project unless, upon consultation with the
Pollution Control Agency, the consulting engineers, and other reliable
technical experts, the authority determines the best course of action to
correct the problem would exceed that amount and that other grant funding is
not available.
Up to
$500,000 is for the cities of Dunnell, Dumont, Henriette, Lewisville, McGrath,
and Ostrander to cover necessary and appropriate costs over and above the money
appropriated in Laws 2005, chapter 20, article 1, section 23, subdivision 3,
paragraph (b).
(c) $3,000,000 of the
appropriation in this subdivision is for a grant to the city of Askov to
acquire land for, and to design, construct, furnish, and equip a new wastewater
treatment facility and sewer and water extensions in the city of Askov.
(d) $1,500,000 of the
appropriation in this subdivision is for a grant to Lake Township in Roseau
County to design, construct, furnish, and equip a wastewater treatment plant at
Springsteel.
Subd. 4. Central Iron Range Sanitary Sewer
District Treatment Facilities 2,500,000
To the Public Facilities
Authority for a grant to the Central Iron Range Sanitary Sewer District to
design, construct, and equip an expansion of wastewater treatment at Hibbing's
South Wastewater Treatment Plant, mercury treatment facilities at the plant,
and sanitary sewer lines to connect Hibbing, Chisholm, and Buhl to use the
upgrades at the plant.
Subd. 5. Greater Minnesota Business Development
Infrastructure Grant Program 7,750,000
For grants under Minnesota
Statutes, section 116J.431.
$250,000 is for a grant to
Polk County to build approximately one mile of ten-ton road to provide access
to a new ethanol plant outside of the city of Erskine.
$1,400,000 is for a grant to
the city of LaCrescent for public infrastructure made necessary by the
reconstruction of a highway and a bridge.
APPROPRIATIONS
$
Subd. 6. Redevelopment
Account 9,000,000
For purposes of the
redevelopment account under Minnesota Statutes, section 116J.571.
$800,000 is for a grant to
the city of Worthington to remediate contaminated soil and redevelop the site
of the former Campbell Soup factory.
$250,000 is for a grant to
the city of Winona to predesign facilities for the Shakespeare Festival as part
of the riverfront redevelopment plan.
This grant is exempt from the requirements of Minnesota Statutes, sections
116J.572 to 116J.575.
Subd. 7. Bioscience business development public
infrastructure grant program 10,000,000
For grants under new
Minnesota Statutes, section 116J.435.
Up to $8,000,000 is for a
grant to the city of Rochester.
$2,000,000 is for grants to
political subdivisions to predesign, design, construct, furnish, and equip
publicly owned infrastructure required to support bioscience development in
Minnesota outside of the counties of Anoka, Carver, Dakota, Hennepin, Olmsted,
Ramsey, Scott, and Washington.
Subd. 8. Workforce
Center Renovations 600,000
For renovation of the
Workforce Center in North Minneapolis.
Renovations include exterior sheathing, mold remediation, electrical
service upgrades, window replacement, overhead sprinklers, alley drainage, ADA
compliance costs, and other costs necessary to remediate water damage.
Subd. 9. Total
Maximum Daily Load (TMDL) Grants 5,000,000
To the Public Facilities
Authority for total maximum daily load grants under Minnesota Statutes, section
446A.073.
Subd. 10. Clean
Water Legacy 3,310,000
To the Public Facilities
Authority for the purposes specified in this subdivision.
(a) $2,310,000 is for the
phosphorus reduction grant program for grants under Minnesota Statutes, section
446A.074. A grant must not exceed
$500,000 per project.
APPROPRIATIONS
$
(b) $1,000,000 is for the
small community wastewater treatment fund for loans and grants under Minnesota
Statutes, section 446A.075.
Subd. 11. Bemidji
Regional Events Center 3,000,000
For a grant to the city of
Bemidji to predesign, design, and acquire and prepare a site for a regional
event center.
Subd. 12. Burnsville
- water treatment facility 2,500,000
To the Public Facilities
Authority for a grant to the city of Burnsville to design, construct, furnish,
and equip a water treatment facility that will provide an additional potable
water source for the city of Burnsville using water from the Burnsville
quarry.
This appropriation is added
to the appropriation in Laws 2005, chapter 20, article 1, section 23,
subdivision 6, and is subject to the same conditions.
Subd. 13. Duluth
Lake
Superior Zoo 600,000
For a grant to the city of
Duluth to predesign, design, construct, furnish, and equip renovations to the Polar
Shores exhibit.
This appropriation is not
available until the commissioner has determined that at least $200,000 has been
committed from nonstate sources.
Subd. 14. Itasca
County - infrastructure 12,000,000
For a grant to Itasca County
for public infrastructure needed to support a steel plant in Itasca County or
an innovative energy project in Itasca County under Minnesota Statutes, section
216B.1694, that uses clean energy technology as defined in Minnesota Statutes,
section 216B.1693, or both. Grant money
may be used by Itasca County to acquire right-of-way and mitigate loss of
wetlands and runoff of storm water, to predesign, design, construct, and equip
roads and rail lines, and, in cooperation with municipal public utilities, to
predesign, design, construct, and equip natural gas pipelines, electric
infrastructure, water supply systems, and wastewater collection and treatment
systems.
Up to $4,000,000 of this
appropriation may be spent before the full financing for either project has
been closed.
APPROPRIATIONS
$
Subd. 15. Lewis
and Clark Rural Water System, Inc. 3,282,000
To the Public Facilities
Authority for grants to the city of Luverne, city of Worthington Public
Utilities, Lincoln-Pipestone rural water system, and Rock County rural water
system to acquire land, predesign, design, construct, furnish, and equip one or
more water transmission and storage facilities to accommodate the connection
with the Lewis and Clark Rural Water System, Inc. that will serve southwestern
Minnesota.
The grants must be awarded to
projects approved by the Lewis and Clark Joint Powers Board.
This appropriation is
available to the extent that each $1 of state money is matched by at least $1
of local money paid to the Lewis and Clark Rural Water System, Inc. to
reimburse the system for costs incurred on eligible projects.
Subd. 16. Little
Falls - Zoo 400,000
For a grant to the city of
Little Falls in Morrison County to design and construct capital improvements at
the Little Falls Zoo.
Subd. 17. Minneapolis
(a) Lowry
Avenue Corridor 5,000,000
For a grant to Hennepin
County for Phase II capital improvements to the Lowry Avenue corridor from
Theodore Wirth Parkway to Girard Avenue in Minneapolis.
(b) Shubert
Performing Arts and Education Center 11,000,000
For a grant to the city of
Minneapolis to construct, furnish, and equip the Shubert Theater and an
associated atrium to create the Minnesota Shubert Performing Arts and Education
Center.
The city of Minneapolis may
establish and maintain a performing arts and education center for the purposes
of public arts education and dance, music, and other performances. The city may exercise the powers granted in
Minnesota Statutes, section 471.191, to acquire and better facilities for a
performing arts and education center.
Performing arts and education facilities that have been acquired or
bettered in whole or in part with the proceeds of state bonds must be owned or
leased by the city, but may be leased to or managed by a nonprofit organization
to carry out the purposes of the performing arts and education program
established by the city. The lease or
management agreement must comply with the requirements of Minnesota Statutes,
section 16A.695.
APPROPRIATIONS
$
This appropriation is not available
until the commissioner has determined that at least an equal amount has been
committed from nonstate sources.
Subd. 18. Mountain
Iron - Energy Park 500,000
For a grant to the city of
Mountain Iron to prepare a site for and construct access roads and utilities
for a sustainable and renewable energy industrial park to be located in the
city of Mountain Iron.
Subd. 19. Redwood-Cottonwood
Rivers Control Area 1,600,000
To the Public Facilities
Authority for a grant to the Redwood-Cottonwood Rivers Control Area, a joint
powers entity, to predesign, design, construct, and equip the reservoir
reclamation and enhancement of the 66-acre Lake Redwood Reservoir to increase
its depth from 2.8 feet to 15 feet to remove 650,000 cubic yards of sediment,
to attain compliance with both turbidity and fecal coliform impairments for the
project area, and to secure renewable energy capacity of the hydroelectric dam,
which is impeded by lack of water capacity.
The appropriation is not
available until the authority determines that an equal amount has been
committed to the project from nonstate sources.
The nonstate portion will provide low interest loans to remediate or
replace 173 noncompliant septic systems that are imminent health threats and
provide technical assistance to reduce phosphorus loading to the Redwood River
to assist total maximum daily load (TMDL) compliance of the low-dissolved
oxygen impairment on the lower Minnesota River.
Subd. 20 Roseville
- John Rose Minnesota Oval 500,000
For a grant to the city of
Roseville to predesign, design, construct, furnish, and equip the renovation of
the John Rose Minnesota Oval.
Subd. 21. St.
Paul
(a) Asian
Pacific Cultural Center 400,000
For a grant to the city of
St. Paul to design an Asian Pacific Cultural center, subject to Minnesota
Statutes, section 16A.695. This
appropriation is not available until the commissioner has determined that at
least an equal amount has been committed from nonstate sources.
APPROPRIATIONS
$
(b) Ordway Center
for the Performing Arts 7,500,000
For a grant to the city of
St. Paul to design, construct, furnish, and equip the renovation of the Ordway
Center for the Performing Arts. The city
of St. Paul may operate a performing arts center and may enter into a lease or
management agreement for the center, subject to Minnesota Statutes, section
16A.695.
Subd. 22. Southwest
Regional Event Center 11,000,000
To the Board of Trustees of
the Minnesota State Colleges and Universities to design, construct, furnish,
and equip a multipurpose regional event center at Southwest Minnesota State
University.
This appropriation is not
available until the board determines that at least $5,000,000 has been
committed to the project from private, nongovernmental sources.
Subd. 23. Virginia
- Regional Medical Center Helipad 600,000
For a grant to the city of
Virginia to design, construct, furnish, and equip an access elevator and
helipad to be located on the roof of the Virginia Regional Medical Center.
Subd. 24. Willmar
- Rice Memorial Hospital Dental Clinic 500,000
For a grant to the city of
Willmar to construct a dental clinic at the Rice Memorial Hospital in
Willmar. The clinic is to be operated
collaboratively with the University of Minnesota School of Dentistry to provide
dental care to underserved patients and an opportunity for students to practice
in a rural setting.
Sec. 22.
HOUSING FINANCE AGENCY
Subdivision
1. To the Housing Finance Agency
for the purposes specified in this section 19,500,000
Subd. 2. Transitional
housing 2,000,000
For loans or grants for
publicly owned temporary or transitional housing under Minnesota Statutes,
section 462A.201, subdivision 2. If
money appropriated under this subdivision has not been selected for commitment
by the Housing Finance Agency within 18 months after the effective date of this
section, after written notice to the commissioner of finance, the agency may
allocate the uncommitted money to loans and grants for publicly owned permanent
rental housing under subdivision 3 and Minnesota Statutes, section 462A.202,
subdivision 3a. Minnesota Statutes,
section 16A.642, applies to the amounts transferred from the date of the
original appropriation.
APPROPRIATIONS
$
Subd. 3. Supportive
Housing for Long-term Homeless 17,500,000
For loans and grants for
publicly owned permanent rental housing under Minnesota Statutes, section
462A.202, subdivision 3a, for persons who either have been without a permanent
residence for at least 12 months or on at least four occasions in the last
three years, or who are at significant risk of lacking a permanent residence
for at least 12 months or on at least four occasions in the last three
years. The housing must provide or
coordinate with linkages to services necessary for residents to maintain
housing stability and maximize opportunities for education and employment.
Preference among comparable
proposals must be given to proposals that (1) colocate housing and services
accessible to the general public as well as to the residents, and (2) provide
housing affordable to a range of household income levels.
Sec. 23.
MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To
the Minnesota Historical Society for the purposes specified in this section 5,672,000
Subd. 2. Historic
sites asset preservation 3,000,000
For capital improvements and
betterments at state historic sites, buildings, landscaping at historic
buildings, exhibits, markers, and monuments, to be spent in accordance with
Minnesota Statutes, section 16B.307. The
society shall determine project priorities as appropriate based on need.
Subd. 3. Historic
Fort Snelling Museum 1,100,000
To design the restoration
and renovation of the 1904 Cavalry Barracks Building for the historic Fort
Snelling Museum.
Subd. 4. County
and local preservation grants 1,000,000
To be allocated to county
and local jurisdictions as matching money for historic preservation projects of
a capital nature, as provided in Minnesota Statutes, section 138.93. Grant recipients must be public entities and
must match state funds on at least an equal basis. The facilities must be publicly owned.
$100,000 is for a grant to
the city of Maplewood to complete restoration of the Bruentrup Farm in
Maplewood. This appropriation is not
available until the commissioner of finance has determined that at least an
equal amount has been committed from nonstate sources.
APPROPRIATIONS
$
Subd. 5. History
Center visitor services 572,000
For security upgrades and
facility renovations in the library and for electrical infrastructure upgrades.
Sec. 24.
BOND SALE EXPENSES 948,000
To the commissioner of
finance for bond sale expenses under Minnesota Statutes, section 16A.641,
subdivision 8.
Sec.
25. BOND
SALE AUTHORIZATION.
Subdivision
1. Bond proceeds fund. To
provide the money appropriated in this act from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state in an amount up
to $925,080,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
Subd. 2. Maximum
effort school loan fund. To
provide the money appropriated in this act from the maximum effort school loan
fund, the commissioner of finance shall sell and issue bonds of the state in an
amount up to $10,700,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued
interest and any premium received on the sale of the bonds, must be credited to
a bond proceeds account in the maximum effort school loan fund.
Subd. 3. Transportation
fund bond proceeds account. To
provide the money appropriated in this act from the state transportation fund,
the commissioner of finance shall sell and issue bonds of the state in an
amount up to $71,000,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued
interest and any premium received on the sale of the bonds, must be credited to
a bond proceeds account in the state transportation fund.
Sec.
26. CANCELLATION.
The
$7,800,000 appropriation in Laws 2002, chapter 280, section 3, to the
Metropolitan Council to design and construct bus garages, is canceled. The bond sale authorization in Laws 2002,
chapter 280, section 4, is reduced by $7,800,000.
Sec.
27. Minnesota Statutes 2004, section
16A.11, subdivision 1, is amended to read:
Subdivision
1. When. The governor shall submit a three-part budget
to the legislature. Parts one and two, the
budget message and detailed operating budget, must be submitted by the fourth
Tuesday in January in each odd-numbered year.
However, in a year following the election of a governor who had not been
governor the previous year, parts one and two must be submitted by the third
Tuesday in February. Part three, the
detailed recommendations as to capital expenditure, must be submitted as
follows: agency capital budget requests
by July 1 15 of each odd-numbered year, and governor's
recommendations by January 15 of each even-numbered year. Detailed recommendations as to information
technology expenditure must be submitted as part of the detailed operating
budget. Information technology
recommendations must include projects to be funded during the next biennium and
planning estimates for an additional two bienniums. Information technology recommendations must
specify purposes of the funding such as infrastructure, hardware, software, or
training.
Sec.
28. Minnesota Statutes 2004, section
16A.86, subdivision 2, is amended to read:
Subd.
2. Budget
request. A political subdivision
that requests an appropriation of state money for a local capital improvement
project is encouraged to submit a preliminary the request to the
commissioner of finance by June July 15 of an odd-numbered year
to ensure its full consideration. The
final request must be submitted by November 1.
The requests must be submitted in the form and with the supporting
documentation required by the commissioner of finance. All requests timely received by the
commissioner must be forwarded to the legislature, along with agency requests,
by the deadline established in section 16A.11, subdivision 1.
Sec.
29. Minnesota Statutes 2004, section
16A.86, subdivision 4, is amended to read:
Subd.
4. Funding. (a) The state share of a project covered by
this section must be no more than half the total cost of the project, including
predesign, design, construction, furnishings, and equipment, except as provided
in paragraph (b). This subdivision does
not apply to a project proposed by a school district or other school
organization.
(b) The
state share may be more than half the total cost of a project if the project is
deemed needed as a result of a disaster or to prevent a disaster or is located
in a political subdivision with a very low average net tax capacity.
(c) Nothing
in this section prevents the governor from recommending, or the legislature
from considering or funding, projects that do not meet the deadlines
deadline in subdivision 2 or the criteria in this subdivision or
subdivision 3 when the governor or the legislature determines that there is a
compelling reason for the recommendation or funding.
Sec.
30. [16B.307]
ASSET PRESERVATION APPROPRIATIONS.
Subdivision
1. Standards. Article
XI, section 5, clause (a), of the Constitution requires that state general
obligation bonds be issued to finance only the acquisition or betterment of
public land, buildings, and other public improvements of a capital nature. Money appropriated for asset preservation,
whether from state bond proceeds or from other revenue, is subject to the
following additional limitations:
(a) An
appropriation for asset preservation may not be used to acquire new land nor to
acquire or construct new buildings, additions to buildings, or major new
improvements.
(b) An
appropriation for asset preservation may be used only for a capital expenditure
on a capital asset previously owned by the state, within the meaning of
generally accepted accounting principles as applied to public
expenditures. The commissioner of
administration will consult with the commissioner of finance to the extent
necessary to ensure this and will furnish the commissioner of finance a list of
projects to be financed from the account in order of their priority. The legislature assumes that many projects
for preservation and replacement of portions of existing capital assets will
constitute betterments and capital improvements within the meaning of the
Constitution and capital expenditures under generally accepted accounting
principles, and will be financed more efficiently and economically under this
section than by direct appropriations for specific projects.
(c)
Categories of projects considered likely to be most needed and appropriate for
asset preservation appropriations are the following:
(1)
projects to remove life safety hazards, like building code violations or
structural defects. Notwithstanding
paragraph (a), a project in this category may include an addition to an
existing building if it is a required component of the hazard removal project;
(2)
projects to eliminate or contain hazardous substances like asbestos or lead
paint;
(3)
major projects to replace or repair roofs, windows, tuckpointing, mechanical or
electrical systems, utility infrastructure, tunnels, site renovations necessary
to support building use, and structural components necessary to preserve the
exterior and interior of existing buildings; and
(4)
projects to renovate parking structures.
(d) Up to
ten percent of an appropriation subject to this section may be used for design
costs for projects eligible to be funded under this section in anticipation of
future asset preservation appropriations.
Subd. 2. Report. By January 15 of each year, the
commissioner of an agency that has received an appropriation for asset
preservation shall submit to the commissioner of finance, the chairs of the
legislative committees or divisions that currently oversee the appropriations
to the agency, and to the chairs of the senate and house of representatives
Capital Investment Committees, a list of the projects that have been funded
with money under this program during the preceding calendar year, as well as a
list of those priority asset preservation projects for which state bond
proceeds fund appropriations will be sought during that year's legislative
session.
Sec.
31. Minnesota Statutes 2004, section
85.015, is amended by adding a subdivision to read:
Subd. 25. Great
River Ridge Trail, Wabasha and Olmsted Counties. (a) The trail shall originate in the city
of Plainview in Wabasha County and extend southwesterly through the city of
Elgin in Wabasha County and the town of Viola in Olmsted County to the Chester
Woods Trail in Olmsted County.
(b) The
commissioner of natural resources shall enter an agreement with the Wabasha
County Regional Rail Authority to maintain and develop the Great River Ridge
Trail as a state trail.
EFFECTIVE DATE. This section is effective the day after
the governing body of the Wabasha County Regional Rail Authority and its chief
clerical officer timely complete their compliance with Minnesota Statutes,
section 645.021, subdivisions 2 and 3.
Sec.
32. Minnesota Statutes 2005 Supplement,
section 85.019, subdivision 2, is amended to read:
Subd.
2. Parks
and outdoor recreation areas. (a)
The commissioner shall administer a program to provide grants to units of
government for up to 50 percent of the costs of acquisition and betterment of
public land and improvements needed for parks and other outdoor recreation areas
and facilities, including costs to create veterans memorial gardens and parks.
(b) For
units of government outside the metropolitan area as defined in section
473.121, subdivision 2, the local match required for a grant to acquire or
better a regional park or regional outdoor recreation area is $2 of nonstate
money for each $3 of state money.
Sec.
33. [86A.12]
NATURAL RESOURCES CAPITAL IMPROVEMENT PROGRAM.
Subdivision
1. Establishment. A
natural resources capital improvement program is established to prioritize
among eligible public projects to be funded from state bond proceeds
appropriated to the commissioner and distinctly specified for the purposes of
the program established in this section and in accordance with the standards
and criteria set forth in this section.
Subd. 2. Purposes. The purpose of the natural resources
capital improvement program is to improve the management and conservation of
the natural resources of the state, including recreational, scientific and
natural areas, and wild game and fish, through the acquisition and betterment
of public lands, buildings, and improvements of a capital nature.
Subd.
3.
(a) A
project will be an expenditure eligible under this program only when it is a
capital expenditure on a capital asset owned or to be owned by the state or a
political subdivision of the state within the meaning of accepted accounting
principles as applied to public expenditures.
The legislature assumes that some provisions for the management and
conservation of the natural resources of the state constituting acquisition or
betterment of land, buildings, or capital improvements within the meaning of
the Constitution will be sensitive to timing and circumstances and require
discretion of the commissioner based on currently available facts and
circumstances, particularly projects related to the mitigation of natural disasters
and the acquisition of lands as they become available, and so these projects
will be financed more efficiently and economically under the program than by
separate appropriations for each project.
(b) The
commissioner will review potential eligible projects, will make initial
allocations among types of eligible projects within each category enumerated in
the act making an appropriation for the program, will determine priorities
within each category, and will allocate money as specified in the appropriation
act and in priority order within each category until the available
appropriation for the category has been committed.
Subd. 4. Criteria
for priorities. (a) The
following criteria must be considered:
(1)
expansion of the natural resources of the state for the enjoyment and use of
the public;
(2) urgency
in providing for the conservation of the natural resources of the state,
including protection of threatened and endangered species and waters;
(3)
necessity in ensuring the safety of the public; and
(4)
additional criteria for priorities otherwise specified in state law, statute,
rule, or regulation applicable to a category listed in the act making an
appropriation for the program.
(b)
Criteria can be stated only in general terms, since it is a purpose of the
program to improve the allocation of limited amounts of available funds by
enlisting the knowledge and experience of the Department of Natural Resources
in determining relative needs as they develop.
(c) The
criteria in paragraph (a) are not listed in a rank order of priority.
(d) Economy
is also to be determined and may even reinforce a decision based on other
criteria, if the project would forestall a larger future capital expenditure or
would reduce operating expense.
(e) Absolute
cost must also be considered. It may be
too high to warrant funding except by an additional appropriation, or so high
as to warrant a recommendation to abandon the project. It may be so low as to permit payment out of
the department's operating budget.
Subd.
5.
Sec.
34. [116J.435]
BIOSCIENCE BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM.
Subdivision
1. Creation of account. A
bioscience business development public infrastructure account is created in the
bond proceeds fund. Money in the account
may only be used for capital costs of public infrastructure for eligible
bioscience business development projects.
Subd. 2. Definitions. For purposes of this section:
(1)
"local governmental unit" means a county, city, town, special
district, or other political subdivision or public corporation;
(2)
"governing body" means the council, board of commissioners, board of
trustees, or other body charged with governing a local governmental unit;
(3)
"public infrastructure" means publicly owned physical infrastructure
in this state, including, but not limited to, wastewater collection and
treatment systems, drinking water systems, storm sewers, utility extensions,
telecommunications infrastructure, streets, roads, bridges, parking ramps,
facilities that support basic science and clinical research, and research
infrastructure; and
(4)
"eligible project" means a bioscience business development capital
improvement project in this state, including: manufacturing; technology;
warehousing and distribution; research and development; bioscience business
incubator; agricultural bioprocessing; or industrial, office, or research park
development that would be used by a bioscience-based business.
Subd. 3. Grant
program established. (a) The
commissioner shall make competitive grants to local governmental units to
acquire and prepare land on which public infrastructure required to support an
eligible project will be located, including demolition of structures and
remediation of any hazardous conditions on the land, or to predesign, design,
acquire, construct, furnish, and equip public infrastructure required to
support an eligible project. The local
governmental unit receiving a grant must provide for the remainder of the
public infrastructure costs.
(b) The
amount of a grant may not exceed the lesser of the cost of the public
infrastructure or 50 percent of the sum of the cost of the public
infrastructure plus the cost of the completed eligible project.
(c) The
purpose of the program is to keep or enhance jobs in the area, increase the tax
base, or to expand or create new economic development through the growth of new
bioscience businesses and organizations.
Subd. 4. Application. (a) The commissioner must develop forms
and procedures for soliciting and reviewing applications for grants under this
section. At a minimum, a local
governmental unit must include the following information in its application:
(1) a
resolution of its governing body certifying that the money required to be
supplied by the local governmental unit to complete the public infrastructure
is available and committed;
(2)
a detailed estimate, along with necessary supporting evidence, of the total
development costs for the public infrastructure and eligible project;
(3) an
assessment of the potential or likely use of the site for bioscience activities
after completion of the public infrastructure and eligible project;
(4) a
timeline indicating the major milestones of the public infrastructure and
eligible project and their anticipated completion dates;
(5) a
commitment from the governing body to repay the grant if the milestones are not
realized by the completion date identified in clause (4); and
(6) any
additional information or material the commissioner prescribes.
(b) The
determination of whether to make a grant under subdivision 3 is within the
discretion of the commissioner, subject to this section. The commissioner's decisions and application
of the priorities are not subject to judicial review, except for abuse of
discretion.
Subd. 5. Priorities. (a) If applications for grants exceed the
available appropriations, grants must be made for public infrastructure that,
in the commissioner's judgment, provides the highest return in public benefits
for the public costs incurred. "Public benefits" include job
creation, environmental benefits to the state and region, efficient use of
public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding
rather than single-use development, crime reduction, blight reduction,
community stabilization, and property tax base maintenance or improvement. In making this judgment, the commissioner
shall give priority to eligible projects with one or more of the following
characteristics:
(1) the
potential of the local government unit to attract viable bioscience businesses;
(2) proximity
to public transit if located in a metropolitan county, as defined in section
473.121, subdivision 4;
(3)
multijurisdictional eligible projects that take into account the need for
affordable housing, transportation, and environmental impact;
(4) the eligible
project is not relocating substantially the same operation from another
location in the state, unless the commissioner determines the eligible project
cannot be reasonably accommodated within the local governmental unit in which
the business is currently located, or the business would otherwise relocate to
another state or country; and
(5) the
number of jobs that will be created.
(b) The
factors in paragraph (a) are not listed in a rank order of priority; rather,
the commissioner may weigh each factor, depending upon the facts and
circumstances, as the commissioner considers appropriate.
Subd. 6. Cancellation
of grant. If a grant is
awarded to a local governmental unit and funds are not encumbered for the grant
within four years after the award date, the grant must be canceled.
Subd. 7. Repayment
of grant. If an eligible
project supported by public infrastructure funded with a grant awarded under
this section is not occupied by a bioscience business in accordance with the
grant application under subdivision 4 within five years after the date of the
last grant payment, the grant recipient must repay the amount of the grant
received. The commissioner must deposit
all money received under this subdivision into the state treasury and credit it
to the debt service account in the state bond fund.
Sec.
35. Minnesota Statutes 2004, section
136F.98, subdivision 1, is amended to read:
Subdivision
1. Issuance
of bonds. The Board of Trustees of
the Minnesota State Colleges and Universities or a successor may issue revenue
bonds under sections 136F.90 to 136F.97 whose aggregate principal amount at any
time may not exceed $100,000,000, $150,000,000 and payable from
the revenue appropriated to the fund established by section 136F.94, and use
the proceeds together with other public or private money that may otherwise
become available to acquire land, and to acquire, construct, complete, remodel,
and equip structures or portions thereof to be used for dormitory, residence
hall, student union, food service, and related parking purposes at,
or for any other similar revenue-producing building or buildings of such type
and character as the board finds desirable for the good and benefit of the
state universities. Before issuing the
bonds or any part of them, the board shall consult with and obtain the advisory
recommendations of the chairs of the house Ways and Means Committee and the
senate Finance Committee about the facilities to be financed by the bonds.
Sec.
36. Minnesota Statutes 2004, section
222.49, is amended to read:
222.49 RAIL SERVICE IMPROVEMENT ACCOUNT;
APPROPRIATION.
The rail
service improvement account is created in the special revenue fund in the state
treasury. The commissioner shall deposit
in this account all money appropriated to or received by the department for the
purpose of rail service improvement, including excluding bond
proceeds as authorized by article XI, section 5, clause (i) of the Minnesota
Constitution. All money so deposited is
appropriated to the department for expenditure for rail service improvement in
accordance with applicable state and federal law. This appropriation shall not lapse but shall
be available until the purpose for which it was appropriated has been
accomplished. No money appropriated to
the department for the purposes of administering the rail service improvement
program shall be deposited in the rail service improvement account nor shall
such administrative costs be paid from the account.
Sec.
37. [241.0222]
CONTRACTS WITH NEWLY CONSTRUCTED JAIL FACILITIES THAT PROVIDE ACCESS TO
CHEMICAL DEPENDENCY TREATMENT PROGRAMS.
Notwithstanding
any law to the contrary, the commissioner is expressly authorized to enter into
contracts, up to five years in duration, with a county or group of counties to
house inmates committed to the custody of the commissioner in newly constructed
county or regional jail facilities that provide inmates access to chemical
dependency treatment programs licensed by the Department of Human Services. A contract entered into under this section
may contain an option to renew the contract for a term of up to five years.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
38. Minnesota Statutes 2005 Supplement,
section 245.036, is amended to read:
245.036 LEASES FOR STATE-OPERATED, COMMUNITY-BASED
PROGRAMS.
(a)
Notwithstanding section 16B.24, subdivision 6, paragraph (a), or any other law
to the contrary, the commissioner of administration may lease land or other
premises to provide state-operated, community-based programs authorized by
sections 246.014, paragraph (a), 252.50, 253.018, and 253.28 for a term
of 20 years or less, with a ten-year or less option to renew, subject to
cancellation upon 30 days' notice by the state for any reason, except rental of
other land or premises for the same use.
(b) The
commissioner of administration may also lease land or premises from political
subdivisions of the state to provide state-operated, community-based programs
authorized by sections 246.014, paragraph (a), 252.50, 253.018, and
253.28 for a term of 20 years or less, with a ten-year or less option to
renew. A lease under this paragraph may
be canceled only due to the lack of a legislative appropriation for the
program.
Sec.
39. Minnesota Statutes 2004, section
446A.12, subdivision 1, is amended to read:
Subdivision
1. Bonding
authority. The authority may issue
negotiable bonds in a principal amount that the authority determines necessary
to provide sufficient funds for achieving its purposes, including the making of
loans and purchase of securities, the payment of interest on bonds of the
authority, the establishment of reserves to secure its bonds, the payment of
fees to a third party providing credit enhancement, and the payment of all
other expenditures of the authority incident to and necessary or convenient to
carry out its corporate purposes and powers, but not including the making of
grants. Bonds of the authority may be
issued as bonds or notes or in any other form authorized by law. The principal amount of bonds issued and
outstanding under this section at any time may not exceed $1,250,000,000
$1,500,000,000, excluding bonds for which refunding bonds or crossover
refunding bonds have been issued.
Sec.
40. Laws 2000, chapter 492, article 1,
section 7, subdivision 21, as amended by Laws 2005, chapter 20, article 1,
section 42, is amended to read:
Subd. 21.
Harbor of Refuge at Two Harbors
1,000,000
To develop the harbor of
refuge and marina at Two Harbors, including public access improvements, marina
slips, parking facilities, utilities, a fuel dock, and an administration
building.
This appropriation is not
available until the commissioner has determined that at least $500,000 has been
committed from federal sources.
Notwithstanding Minnesota Statutes, section 16A.642, this appropriation
and its corresponding bond authorization do not cancel until June 30, 2006
December 31, 2009.
Sec. 41.
Laws 2002, chapter 393, section 19, subdivision 2, is amended to read:
Subd. 2.
Northwest Busway 20,000,000
To design and construct a
busway in the northwest metropolitan area between downtown Minneapolis and
Rogers. This appropriation is contingent
on $12,000,000 from Hennepin county and $5,000,000 from the metropolitan council
for the project. Total funding from all
sources may be used for roadway design, reconstruction, acquisition of land and
right-of-way, and to design, construct, furnish, and equip transit stations and
park and rides. Design-build under new
Minnesota Statutes, sections 383B.158 to 383B.1586, may be used for
implementing this project. Notwithstanding
Minnesota Statutes, section 16A.642, this appropriation and its corresponding
bond authorization do not cancel until December 31, 2010.
Sec. 42.
Laws 2005, chapter 20, article 1, section 5, subdivision 2, is amended
to read:
Subd. 2.
Independent School District No.
38 - Red Lake 18,000,000
This
appropriation is from the maximum effort school loan fund for a capital loan to
Independent School District No. 38, Red Lake, as provided in Minnesota
Statutes, sections 126C.60 to 126C.72, to design, construct, renovate, furnish,
and equip a new middle school and the existing high school. The commissioner and Independent School District
No. 38, Red Lake, shall report to the legislature by January 10, 2006, on the
progress of the capital loan.
The unexpended balance from
the appropriation in Laws 2002, chapter 393, section 5, subdivision 2, to
design, construct, renovate, furnish, equip, and for health and safety capital
improvements to school facilities may be added to this appropriation.
Sec. 43.
Laws 2005, chapter 20, article 1, section 7, subdivision 14, is amended
to read:
Subd. 14.
State Trail Development 7,910,000
To acquire land for and to develop
and rehabilitate state trails as specified in Minnesota Statutes, section
85.015.
$1,500,000 is for the Blazing Star
Trail.
$435,000 is for a segment of the
Blufflands Trail, from Preston to Forestville.
$200,000 is for a segment of the
Blufflands Trail, from Chester Woods County Park to the city limits of
Rochester in Olmsted County, primarily for nonmotorized riding and hiking.
$400,000 is for the Douglas
Trail.
$400,000 is for the Gateway
Trail.
$725,000 is for the Gitchi Gami
Trail.
$500,000 is for the Glacial Lakes
Trail.
$200,000 is for the Goodhue Pioneer
Trail.
$300,000 is for the Heartland
Trail.
$300,000 is for the Mill Towns
Trail.
$100,000 is for the Minnesota River
Trail.
$2,400,000 is for the Paul Bunyan
Trail: $1,500,000 $320,000
is for an extension across Excelsior Road in the city of Baxter to connect with
the Oberstar Tunnel and may be used to match federal money for the trail;
$900,000 is to acquire right-of-way in the city of Bemidji and to rehabilitate
the trail.
$450,000 is for the Shooting Star
Trail.
Sec. 44.
Laws 2005, chapter 20, article 1, section 10, subdivision 2, is amended
to read:
Subd. 2.
RIM and CREP Conservation
Easements 23,000,000
This appropriation is to
acquire conservation easements from landowners on marginal lands to protect
soil and water quality and to support fish and wildlife habitat as provided in
Minnesota Statutes, section 103F.515 sections 103F.501 to 103F.535.
$3,000,000 is to implement
the program.
Sec. 45.
Laws 2005, chapter 20, article 1, section 19, subdivision 6, is amended
to read:
Subd. 6. Metropolitan
Regional Parks
Capital Improvements 14,664,000
This appropriation must be
used to pay the cost of improvements and betterments of a capital nature and
acquisition by the council and local government units of regional recreational
open-space lands in accordance with the council's policy plan as provided in
Minnesota Statutes, section 473.147.
Priority should be given to park rehabilitation and land acquisition
projects.
For purposes of Minnesota
Statutes, section 473.351, Columbia Parkway, Ridgeway Parkway, and Stinson
Boulevard are considered to be part of the metropolitan regional recreation
open space system.
$100,000 is for a grant to
Ramsey and Washington Counties, or either of them as jointly agreed, to prepare
engineering design documents for the development of a trail adjacent to marked
Trunk Highway 120 from its intersection with Joy Road to its intersection with
20th Street in the city of North St. Paul, adjacent to marked Trunk Highway
96 from its intersection with marked Trunk Highway 61 to its intersection with
marked Trunk Highway 244, and adjacent to marked Trunk Highway 244 from its
intersection with marked Trunk Highway 96 to and including its intersection
with Washington County Road 12 to be known as the Silver Lake Trail. The design must be consistent with the
recommendations of the Lake Links Trail Network Master Plan prepared for Ramsey
and Washington Counties.
$388,000 is for a grant to
the city of St. Paul for park and trail improvements in the Desnoyer Park area,
above the Meeker Island lock historic site.
$4,676,000 is for a grant to
the city of St. Paul to design and construct river's edge improvements at
Raspberry Island and Upper Landing and develop a public park on Raspberry
Island. Of this amount, $676,000
$56,000 is the local match for an Upper Landing federal TEA-21 grant.
$2,500,000
is for a grant to the city of South St. Paul for the closure, capping, and remediation
of approximately 80 acres of the Port Crosby construction and demolition debris
landfill in South St. Paul, as the fourth phase of converting the land into
parkland, and to restore approximately 80 acres of riverfront land along the
Mississippi River.
Sec. 46.
Laws 2005, chapter 20, article 1, section 20, subdivision 2, is amended
to read:
Subd. 2.
State-Operated Services Forensics
Programs 3,259,000
To design new facilities to
be constructed on the campus of the St. Peter Moose Lake Regional
Treatment Center for individuals committed as sexual psychopathic
personalities, sexually dangerous persons, mentally ill, or mentally ill and
dangerous.
Sec. 47.
Laws 2005, chapter 20, article 1, section 20, subdivision 3, is amended
to read:
Subd. 3.
Systemwide Redevelopment, Reuse,
or Demolition 17,600,000
To demolish or improve
surplus, nonfunctional, or deteriorated facilities and infrastructure at
Department of Human Services campuses statewide.
(a) Up to $8,600,000 may be
used to predesign, design, construct, furnish, and equip renovation of existing
space or construction of new space for skilled nursing home capacity for
forensic treatment programs operated by state-operated services on the campus
of St. Peter Regional Treatment Center.
(b) $4,000,000 may be used
to prepare and develop a site, including demolition of buildings and
infrastructure, to implement the redevelopment and reuse of the Ah-Gwah-Ching
Regional Treatment Center campus. If the
property is sold or transferred to a local unit of government, the unspent
portion of this appropriation may be granted to the local unit of government
that acquires the campus for the purposes stated in this subdivision.
Up to $400,000 may be used
for a grant to the city of Walker to connect the water reservoir to the city.
(c) $1,000,000 may be used
to renovate one or more buildings for chemical dependency treatment
specializing in methamphetamine addiction, and demolish buildings, on the
Willmar Regional Treatment Center campus.
If the property is sold or transferred to a local unit of government,
the unspent portion of this appropriation may be granted to the local unit of
government that acquires the campus for the purposes stated in this
subdivision.
(d)
Up to $2,210,000 may be spent by the commissioner of finance to retire
municipal bonds issued by the city of Fergus Falls and to retire interfund
loans incurred by the city of Fergus Falls in connection with the waste
incinerator and steam heating facility at the Fergus Falls Regional Treatment
Center. $447,610 of unexpended
nonsalary money from state-operated services may be transferred as a grant to
the city of Fergus Falls to retire interfund loans incurred by the city of
Fergus Falls in connection with the waste incinerator and steam heating
facility at the Fergus Falls Regional Treatment Center. This money is only available upon
satisfactory completion of implementation of the final master plan agreement,
as approved by the Department of Administration, the Department of Human
Services, and the city of Fergus Falls.
(e) Up to $400,000 may be
used for a grant to the city of Fergus Falls to demolish the city's
waste-to-energy incineration plant located on the grounds of the Fergus Falls
Regional Treatment Center.
(f) The provisions, terms,
and conditions of any grant made by the director of the Office of Environmental
Assistance under Minnesota Statutes, chapter 115A, to the city of Fergus Falls
for the waste incinerator steam heating facility that supports the Fergus Falls
Regional Treatment Center and that may come into effect as a result of the
incinerator and facility being closed, are hereby waived.
Sec. 48.
Laws 2005, chapter 20, article 1, section 20, subdivision 4, is amended
to read:
Subd. 4.
Willmar Regional Treatment Center Retrofit 900,000
To demolish buildings,
predesign, design, renovate, construct, furnish, and equip buildings at the
Willmar Regional Treatment Center for reuse, and renovate campus support
buildings and campus infrastructure, including tunnels. These projects are to develop the Willmar
Regional Treatment Center campus for health care, mental health care, chemical
dependency treatment, housing, and other public purposes and must be
implemented consistent with the recommendations in the final Willmar Regional
Treatment Center Master Plan and Reuse Study prepared and approved under Laws
2003, First Special Session chapter 14, article 6, section 64, subdivision 2,
unless expressly provided otherwise. If
the Willmar Regional Treatment Center property is sold or transferred to a
local unit of government, the unspent portion of this appropriation may be
granted to the local unit of government that acquires the campus for the
purposes stated in this subdivision to design, construct, furnish, and
equip a maintenance facility.
Sec. 49.
Laws 2005, chapter 20, article 1, section 23, subdivision 3, is amended
to read:
Subd. 3.
Wastewater Infrastructure Funding
Program 29,900,000
(a)
To the Public Facilities Authority for the purposes specified in this
subdivision. $29,300,000 of this
appropriation is for grants and loans to eligible municipalities under the
wastewater infrastructure program established in Minnesota Statutes, section
446A.072.
To the greatest practical
extent, the authority must use the appropriation for projects on the 2005
project priority list in priority order to qualified applicants that submit
plans and specifications to the Pollution Control Agency or receive a funding
commitment from USDA Rural Economic and Community Development before December
1, 2006.
$600,000 of this
appropriation is to implement the wastewater infrastructure program.
(b) The grants listed in
this paragraph are not subject to the 2005 project priority list nor to the
limitations on grant amounts set forth in Minnesota Statutes, section 446A.072,
subdivision 5a.
$1,500,000 is for a grant to
the city of Aurora to reconstruct its wastewater treatment plant, damaged in an
explosion May 5, 2004.
$1,700,000 is for a grant to
the Central Iron Range Sanitary Sewer District Authority to predesign and
design the necessary facilities to collect, treat, and dispose of sewage in the
district, including a pump-storage facility and a wind-energy facility.
Up to $5,000,000 may be used
as grants to the cities of Dunnell, Dumont, Henriette, Lewisville, McGrath, and
Ostrander to undertake corrective action on systems built since 2001 with
federal money from USDA Rural Economic and Community Development. A grant must not exceed the amount of federal
money used in the construction of systems that incorporated sand filter
treatment, fixed activated sludge treatment, or mechanical package plant
treatment technologies.
$4,950,000 is for a grant to
the city of Duluth for design and construction of sanitary sewer overflow
storage facilities at selected locations in the city of Duluth. This appropriation is available when matched
by $1 of money secured or provided by the city of Duluth for each $1 of state
money.
$1,700,000 is for a grant to
the city of Eagle Bend to predesign, design, construct, furnish, and equip a
wastewater collection and treatment system.
$1,500,000 is for a grant to
the city of Two Harbors to retire loans, whether interfund or otherwise,
incurred to acquire land for, design, construct, furnish, and equip a 2,500,000
gallon equalization basin and a chlorine-contact tank of at least 100,000 gallon
capacity, adjacent to the city's wastewater treatment plant. The equalization basin is required under the
city's National Pollution Discharge Elimination System permit. This appropriation is not available until the
commissioner of finance determines that $325,000 has been committed to the
project from nonstate sources.
$1,550,000 for a grant to
the city of Bayport for the Middle St. Croix River Watershed Management
Organization to complete the sewer system extending from Minnesota Department
of Natural Resources pond 82-310P (the prison pond) in Bayport through the
Stillwater prison grounds to the St. Croix River.
$2,000,000 is to the commissioner
of employment and economic development for a grant to the city of New Brighton to
relocate a sanitary sewer interceptor for sanitary sewer and storm water
improvements in the Northwest Quadrant to allow for redevelopment of that
area.
Sec. 50.
Laws 2005, chapter 20, article 1, section 23, subdivision 12, as amended
by Laws 2006, chapter 171, section 2, is amended to read:
Subd. 12.
Bioscience Development 18,500,000
For grants to political
subdivisions to predesign, design, acquire, construct, furnish, and equip
publicly owned infrastructure required to support bioscience development in
this state.
$2,500,000 is for a grant to
the city of Worthington.
$14,000,000 cumulatively is
for grants to the counties of Ramsey and Anoka for public improvements to the
portion of County Road J located within each county. This amount may be used to repay loans the
proceeds of which were used for the public improvement. The grants to the individual counties shall
be in amounts proportionate to the individual counties' costs associated with
the public improvements.
$2,000,000 is for bioscience
business development public infrastructure grants under new Minnesota Statutes,
section 116J.435.
Sec. 51.
Laws 2005, chapter 20, article 1, section 27, is amended to read:
Sec. 27.
BOND SALE SCHEDULE
The commissioner of finance shall
schedule the sale of state general obligation bonds so that, during the
biennium ending June 30, 2007, no more than general
obligation bonds. During the biennium,
before each sale of state general obligation bonds, the commissioner of finance
shall calculate the amount of debt service payments needed on bonds previously
issued and shall estimate the amount of debt service payments that will be
needed on the bonds scheduled to be sold.
The commissioner shall adjust the amount of bonds scheduled to be sold
so as to remain within the limit set by this section. The amount needed to make the debt service
payments is appropriated from the general fund as provided in Minnesota
Statutes, section 16A.641.$780,536,000 $763,706,000
will need to be transferred from the general fund to the state bond fund to pay
principal and interest due and to become due on outstanding state
Sec. 52. Laws 2005, chapter 152, article 1, section
39, subdivision 1, is amended to read:
Subdivision
1. Issuance;
purpose. Notwithstanding any
provision of Minnesota Statutes, chapter 298, to the contrary, the commissioner
of Iron Range resources and rehabilitation may shall issue
revenue bonds in a principal amount of $15,000,000, plus an amount
sufficient to pay costs of issuance, in one or more series, and thereafter
may issue bonds to refund those bonds.
The proceeds of the bonds must be used to pay the costs of issuance
and to make grants to school districts located in the taconite tax relief
area defined in Minnesota Statutes, section 273.134, or the taconite assistance
area defined in Minnesota Statutes, section 273.1341, to be used by the school
districts to pay for health, safety, and maintenance improvements but only
if the school district has levied the maximum amount allowable under law for
those purposes.
Sec.
53. OUTDOOR
LIGHTING PURCHASE.
All
purchasing of outdoor lighting fixtures using funds appropriated under this act
must give consideration to maximizing energy conservation and savings, reducing
glare, minimizing light pollution, and preserving the natural night
environment.
Sec.
54. FERGUS
FALLS INCINERATOR; CONVEYANCE OF EQUIPMENT.
Notwithstanding
any law, administrative rule, commissioner's order, or agreement to the
contrary, the city of Fergus Falls may convey to the city of Perham, for
nominal consideration, all or part of the air pollution equipment, including
the building and related equipment, that is currently located at the Fergus
Falls incinerator. The conveyance shall
be in a form approved by the attorney general and must be used for public
purposes. The city of Perham is
responsible for the costs of dismantling, transporting, and reassembling the
equipment in Perham, as part of the expansion of the Perham resource recovery
facility.
Sec.
55. EFFECTIVE
DATE.
Except as
otherwise provided, this act is effective the day following final enactment."
Delete the
title and insert:
"A bill
for an act relating to capital improvements; authorizing spending to acquire
and better public land and buildings and other improvements of a capital nature
with certain conditions; establishing new programs and modifying existing
programs; authorizing the sale of state bonds; appropriating money; amending
Minnesota Statutes 2004, sections 16A.11, subdivision 1; 16A.86, subdivisions
2, 4; 85.015, by adding a subdivision; 136F.98, subdivision 1; 222.49; 446A.12,
subdivision 1; Minnesota Statutes 2005 Supplement, sections 85.019, subdivision
2; 245.036; Laws 2000, chapter 492, article 1, section 7, subdivision 21, as
amended; Laws 2002, chapter 393, section 19, subdivision 2; Laws 2005, chapter
20, article 1, sections 5, subdivision 2; 7, subdivision 14; 10, subdivision 2;
19, subdivision 6; 20, subdivisions 2, 3, 4; 23, subdivisions 3, 12, as
amended; 27; Laws 2005, chapter 152, article 1, section 39, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 16B; 86A; 116J;
241."
We
request the adoption of this report and repassage of the bill.
House Conferees:
Dan Dorman, Laura Brod, Denny
McNamara and Bud Nornes.
Senate Conferees:
Keith Langseth, Sandra L. Pappas,
Wesley J. Skoglund, James P. Metzen and Paul E. Koering.
Dorman moved that the report of the Conference
Committee on H. F. No. 2959 be adopted and that the bill be
repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2959, A bill for an act relating
to capital improvements; authorizing spending to acquire and better public land
and buildings and other public improvements of a capital nature with certain
conditions; establishing new programs and modifying existing programs;
authorizing sale of state bonds; appropriating money; amending Minnesota
Statutes 2004, sections 16A.11, subdivision 1; 16A.86, subdivisions 2, 4;
85.013, by adding a subdivision; 123A.44; 123A.441; 123A.442; 123A.443;
136F.98, subdivision 1; 446A.12, subdivision 1; Minnesota Statutes 2005
Supplement, sections 116.182, subdivision 2; 116J.575, subdivision 1; Laws
2000, chapter 492, article 1, section 7, subdivision 21, as amended; Laws 2002,
chapter 393, section 19, subdivision 2; Laws 2005, chapter 20, article 1,
sections 7, subdivisions 14, 21; 19, subdivision 6; 20, subdivisions 2, 3; 23,
subdivisions 3, 12; 27; proposing coding for new law in Minnesota Statutes,
chapters 16B; 85; 116J; 446A.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 111 yeas and 21 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Johnson, R.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
DeLaForest
Emmer
Hackbarth
Hausman
Hoppe
Huntley
Jaros
Johnson, J.
Johnson, S.
Klinzing
Kohls
Krinkie
Mahoney
Mariani
Newman
Olson
Peppin
Sailer
Vandeveer
The bill was repassed, as amended by
Conference, and its title agreed to.
The Speaker called Paulsen to the Chair.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 3451
A bill for an act relating to governmental
operations; regulating certain historic properties; providing standards for
dedication of land to the public in a proposed development; authorizing a
dedication fee on certain new housing units; authorizing the conveyance of
certain surplus state lands; requiring a study and report; removing a route
from the trunk highway system; amending Minnesota Statutes 2004, section
462.358, subdivision 2b; proposing coding for new law in Minnesota Statutes,
chapter 15; repealing Minnesota Statutes 2004, section 161.115, subdivisions
173, 225.
May 20, 2006
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the
undersigned conferees for H. F. No. 3451 report that we have agreed upon the
items in dispute and recommend as follows:
That the
House concur in the Senate amendments.
We request the adoption of this report and repassage of the
bill.
House Conferees:
Bruce Anderson, Frank Hornstein
and Mike Charron.
Senate Conferees:
Betsy Wergin, Linda Higgins and
Gary Kubly.
Anderson, B., moved that the report of the
Conference Committee on H. F. No. 3451 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3451, A bill for an act relating
to governmental operations; regulating certain historic properties; providing
standards for dedication of land to the public in a proposed development;
authorizing a dedication fee on certain new housing units; authorizing the
conveyance of certain surplus state lands; requiring a study and report;
removing a route from the trunk highway system; amending Minnesota Statutes
2004, section 462.358, subdivision 2b; proposing coding for new law in
Minnesota Statutes, chapter 15; repealing Minnesota Statutes 2004, section
161.115, subdivisions 173, 225.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Klinzing
The bill was repassed, as amended by
Conference, and its title agreed to.
Speaker pro tempore Paulsen called Abrams
to the Chair.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3664, A bill for an act relating
to the military; expanding eligibility for the salary differential program for
state employees ordered into active military service; permitting military
personnel stationed outside Minnesota to use state parks without fee while home
on leave; providing leave without pay to family members of soldiers wounded or
killed while in active service, and for family members of deployed soldiers to
attend send-off or homecoming ceremonies; establishing a policy statement
supportive of military service; providing certain job protections for persons
ordered into active military service; adding cross-references; directing
institutions of higher education to provide credit for military training and
experience for veterans; clarifying law governing renewal of occupational
licenses and professional certifications during and following active military
service; authorizing National Guard security guard employees to carry certain
weapons; authorizing the placement of plaques honoring certain veterans in the
Court of Honor; amending Minnesota Statutes 2004, sections 85.053, by adding a
subdivision; 190.055; 326.56; 609.67, subdivisions 3, 5; 626.88, subdivision 1;
Minnesota Statutes 2005 Supplement, sections 43A.183; 192.502, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapters 181;
190; 197.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 3480.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3480
A bill for an act relating to commerce;
regulating license education; regulating certain insurers, insurance forms and
rates, coverages, purchases, filings, utilization reviews, and claims; enacting
an interstate insurance product regulation compact and providing for its
administration; regulating the Minnesota uniform health care identification
card; requiring certain reports; amending Minnesota Statutes 2004, sections
61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02, subdivision 3; 62A.095,
subdivision 1; 62A.17, subdivisions 1, 2; 62A.27; 62A.3093; 62C.14, subdivisions
9, 10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62J.60, subdivisions 2, 3;
62L.02, subdivision 24; 62M.01, subdivision 2; 62M.09, subdivision 9; 62S.05,
by adding a subdivision; 62S.08, subdivision 3; 62S.081, subdivision 4; 62S.10,
subdivision 2; 62S.13, by adding a subdivision; 62S.14, subdivision 2; 62S.15;
62S.20, subdivision 1; 62S.24, subdivisions 1, 3, 4, by adding subdivisions;
62S.25, subdivision 6, by adding a subdivision; 62S.26; 62S.265, subdivision 1;
62S.266, subdivision 2; 62S.29, subdivision 1; 62S.30; 70A.07; 72C.10,
subdivision 1; 79.01, by adding subdivisions; 79.251, subdivision 1, by adding
a subdivision; 79.252, by adding subdivisions; 79A.23, subdivision 3; 79A.32;
123A.21, by adding a subdivision; Minnesota Statutes 2005 Supplement, sections
45.22; 45.23; 62A.316; 65B.49, subdivision 5a; 72A.201, subdivision 6; 79A.04,
subdivision 2;
256B.0571; proposing coding for new law in Minnesota Statutes, chapters 43A;
61A; 62A; 62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section
256B.0571, subdivisions 2, 5, 11; Minnesota Rules, parts 2781.0100; 2781.0200;
2781.0300; 2781.0400; 2781.0500; 2781.0600.
May 20, 2006
The
Honorable James P. Metzen
President
of the Senate
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
We, the undersigned conferees for S. F. No. 3480 report that
we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No.
3480 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1.
Minnesota Statutes 2005 Supplement, section 45.22, is amended to read:
45.22 LICENSE EDUCATION
APPROVAL.
(a) License education courses must be approved in advance
by the commissioner. Each sponsor who
offers a license education course must have at least one coordinator,
approved by the commissioner, be approved by the commissioner. Each approved sponsor must have at least one
coordinator who meets the criteria specified in Minnesota Rules, chapter 2809,
and who is responsible for supervising the educational program and assuring
compliance with all laws and rules. "Sponsor" means any person or
entity offering approved education.
(b) For coordinators with an initial approval date before
August 1, 2005, approval will expire on December 31, 2005. For courses with an initial
approval date on or before December 31, 2000, approval will expire on April 30,
2006. For courses with an initial
approval date after January 1, 2001, but before August 1, 2005, approval will
expire on April 30, 2007.
Sec. 2. Minnesota
Statutes 2005 Supplement, section 45.23, is amended to read:
45.23 LICENSE EDUCATION
FEES.
The following fees must be paid to the commissioner:
(1) initial course approval, $10 for each hour or fraction of
one hour of education course approval sought.
Initial course approval expires on the last day of the 24th month after
the course is approved;
(2) renewal of course approval, $10 per course. Renewal of course approval expires on the
last day of the 24th month after the course is renewed;
(3) initial coordinator sponsor approval,
$100. Initial coordinator approval
expires on the last day of the 24th month after the coordinator is approved;
Initial sponsor approval issued under this section is valid for a period not
to exceed 24 months and expires on January 31 of the renewal year assigned by
the commissioner. Active sponsors who
have at least one approved coordinator as of the effective date of this section
are deemed to be approved sponsors and are not required to submit an initial
application for sponsor approval; and
(4)
renewal of coordinator sponsor approval, $10. Renewal of coordinator approval expires on
the last day of the 24th month after the coordinator is renewed. Each
renewal of sponsor approval is valid for a period of 24 months. Active sponsors who have at least one
approved coordinator as of the effective date of this section will have an
expiration date of January 31, 2008.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. [60A.99] INTERSTATE INSURANCE PRODUCT
REGULATION COMPACT.
Subdivision 1.
Enactment and form. The Interstate Insurance Product
Regulation Compact is enacted into law and entered into with all other states
legally joining in it in substantially the following form:
Article I. Purposes
The purposes of this Compact are, through means of joint and
cooperative action among the Compacting States:
1. To promote and
protect the interest of consumers of individual and group annuity, life
insurance, disability income and long-term care insurance products;
2. To develop uniform
standards for insurance products covered under the Compact;
3. To establish a
central clearinghouse to receive and provide prompt review of insurance
products covered under the Compact and, in certain cases, advertisements
related thereto, submitted by insurers authorized to do business in one or more
Compacting States;
4. To give appropriate
regulatory approval to those product filings and advertisements satisfying the
applicable uniform standard;
5. To improve
coordination of regulatory resources and expertise between state insurance
departments regarding the setting of uniform standards and review of insurance
products covered under the Compact;
6. To create the
Interstate Insurance Product Regulation Commission; and
7. To perform these
and such other related functions as may be consistent with the state regulation
of the business of insurance.
Article II.
Definitions
For purposes of this Compact:
1. "Advertisement" means any material designed to
create public interest in a Product, or induce the public to purchase,
increase, modify, reinstate, borrow on, surrender, replace or retain a policy,
as more specifically defined in the Rules and Operating Procedures of the
Commission.
2. "Bylaws" mean those bylaws established by the
Commission for its governance, or for directing or controlling the Commission's
actions or conduct.
3. "Compacting State" means any State which has
enacted this Compact legislation and which has not withdrawn pursuant to
Article XIV, Section 1, or been terminated pursuant to Article XIV, Section 2.
4.
"Commission" means the "Interstate Insurance Product Regulation
Commission" established by this Compact.
5. "Commissioner" means the chief insurance
regulatory official of a State including, but not limited to commissioner,
superintendent, director or administrator.
6. "Domiciliary State" means the state in which an
Insurer is incorporated or organized; or, in the case of an alien Insurer, its
state of entry.
7. "Insurer" means any entity licensed by a State
to issue contracts of insurance for any of the lines of insurance covered by
this Act.
8. "Member" means the person chosen by a Compacting
State as its representative to the Commission, or his or her designee.
9. "Noncompacting State" means any State which is
not at the time a Compacting State.
10. "Operating Procedures" mean procedures
promulgated by the Commission implementing a Rule, Uniform Standard, or a
provision of this Compact.
11. "Product" means the form of a policy or
contract, including any application, endorsement, or related form which is
attached to and made a part of the policy or contract, and any evidence of
coverage or certificate, for an individual or group annuity, life insurance,
disability income or long-term care insurance product that an Insurer is
authorized to issue.
12. "Rule" means a statement of general or
particular applicability and future effect promulgated by the Commission,
including a Uniform Standard developed pursuant to Article VII of this Compact,
designed to implement, interpret, or prescribe law or policy or describing the
organization, procedure, or practice requirements of the Commission, which
shall have the force and effect of law in the Compacting States.
13. "State" means any state, district, or territory
of the United States of America.
14. "Third Party Filer" means an entity that
submits a Product filing to the Commission on behalf of an Insurer.
15. "Uniform Standard" means a standard adopted by
the Commission for a Product line, pursuant to Article VII of this Compact, and
shall include all of the Product requirements in aggregate; provided, that each
Uniform Standard shall be construed, whether express or implied, to prohibit
the use of any inconsistent, misleading or ambiguous provisions in a Product
and the form of the Product made available to the public shall not be unfair,
inequitable or against public policy as determined by the Commission.
Article III.
Establishment of the Commission and Venue
1. The Compacting
States hereby create and establish a joint public agency known as the
"Interstate Insurance Product Regulation Commission." Pursuant to
Article IV, the Commission will have the power to develop Uniform Standards for
Product lines, receive and provide prompt review of Products filed therewith,
and give approval to those Product filings satisfying applicable Uniform
Standards; provided, it is not intended for the Commission to be the exclusive
entity for receipt and review of insurance product filings. Nothing herein shall prohibit any Insurer
from filing its product in any State wherein the Insurer is licensed to conduct
the business of insurance; and any such filing shall be subject to the laws of
the State where filed.
2. The Commission is a
body corporate and politic, and an instrumentality of the Compacting States.
3. The Commission is solely responsible for its
liabilities except as otherwise specifically provided in this Compact.
4. Venue is proper and
judicial proceedings by or against the Commission shall be brought solely and
exclusively in a Court of competent jurisdiction where the principal office of
the Commission is located.
Article IV. Powers of
the Commission
The Commission shall have the following powers:
1. To promulgate
Rules, pursuant to Article VII of this Compact, which shall have the force and
effect of law and shall be binding in the Compacting States to the extent and
in the manner provided in this Compact;
2. To exercise its
rulemaking authority and establish reasonable Uniform Standards for Products
covered under the Compact, and Advertisement related thereto, which shall have
the force and effect of law and shall be binding in the Compacting States, but
only for those Products filed with the Commission, provided, that a Compacting
State shall have the right to opt out of such Uniform Standard pursuant to
Article VII, to the extent and in the manner provided in this Compact, and,
provided further, that any Uniform Standard established by the Commission for
long-term care insurance products may provide the same or greater protections
for consumers as, but shall not provide less than, those protections set forth
in the National Association of Insurance Commissioners' Long-Term Care
Insurance Model Act and Long-Term Care Insurance Model Regulation,
respectively, adopted as of 2001. The
Commission shall consider whether any subsequent amendments to the NAIC
Long-Term Care Insurance Model Act or Long-Term Care Insurance Model Regulation
adopted by the NAIC require amending of the Uniform Standards established by
the Commission for long-term care insurance products;
3. To receive and
review in an expeditious manner Products filed with the Commission, and rate
filings for disability income and long-term care insurance Products, and give
approval of those Products and rate filings that satisfy the applicable Uniform
Standard, where such approval shall have the force and effect of law and be
binding on the Compacting States to the extent and in the manner provided in
the Compact;
4. To receive and
review in an expeditious manner Advertisement relating to long-term care
insurance products for which Uniform Standards have been adopted by the
Commission, and give approval to all Advertisement that satisfies the
applicable Uniform Standard. For any
product covered under this Compact, other than long-term care insurance
products, the Commission shall have the authority to require an insurer to
submit all or any part of its Advertisement with respect to that product for
review or approval prior to use, if the Commission determines that the nature
of the product is such that an Advertisement of the product could have the
capacity or tendency to mislead the public.
The actions of the Commission as provided in this section shall have the
force and effect of law and shall be binding in the Compacting States to the
extent and in the manner provided in the Compact;
5. To exercise its
rulemaking authority and designate Products and Advertisement that may be
subject to a self-certification process without the need for prior approval by
the Commission;
6. To promulgate
Operating Procedures, pursuant to Article VII of this Compact, which shall be
binding in the Compacting States to the extent and in the manner provided in
this compact;
7. To bring and
prosecute legal proceedings or actions in its name as the Commission; provided,
that the standing of any state insurance department to sue or be sued under
applicable law shall not be affected;
8. To issue subpoenas
requiring the attendance and testimony of witnesses and the production of
evidence;
9. To establish and
maintain offices;
10. To purchase and maintain insurance and bonds;
11. To borrow, accept
or contract for services of personnel, including, but not limited to, employees
of a Compacting State;
12. To hire employees,
professionals or specialists, and elect or appoint officers, and to fix their
compensation, define their duties and give them appropriate authority to carry
out the purposes of the Compact, and determine their qualifications; and to
establish the Commission's personnel policies and programs relating to, among
other things, conflicts of interest, rates of compensation and qualifications
of personnel;
13. To accept any and
all appropriate donations and grants of money, equipment, supplies, materials
and services, and to receive, utilize and dispose of the same; provided that at
all times the Commission shall strive to avoid any appearance of impropriety;
14. To lease,
purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve or use, any property, real, personal or mixed; provided that at all
times the Commission shall strive to avoid any appearance of impropriety;
15. To sell, convey,
mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
property, real, personal or mixed;
16. To remit filing
fees to Compacting States as may be set forth in the Bylaws, Rules or Operating
Procedures;
17. To enforce compliance
by Compacting States with Rules, Uniform Standards, Operating Procedures and
Bylaws;
18. To provide for
dispute resolution among Compacting States;
19. To advise
Compacting States on issues relating to Insurers domiciled or doing business in
Noncompacting jurisdictions, consistent with the purposes of this Compact;
20. To provide advice
and training to those personnel in state insurance departments responsible for
product review, and to be a resource for state insurance departments;
21. To establish a
budget and make expenditures;
22. To borrow money;
23. To appoint
committees, including advisory committees comprising Members, state insurance
regulators, state legislators or their representatives, insurance industry and
consumer representatives, and such other interested persons as may be
designated in the Bylaws;
24. To provide and
receive information from, and to cooperate with law enforcement agencies;
25. To adopt and use a
corporate seal; and
26. To perform such
other functions as may be necessary or appropriate to achieve the purposes of
this Compact consistent with the state regulation of the business of insurance.
Article
V. Organization of the Commission
1. Membership, Voting
and Bylaws
a. Each Compacting
State shall have and be limited to one Member.
Each Member shall be qualified to serve in that capacity pursuant to
applicable law of the Compacting State.
Any Member may be removed or suspended from office as provided by the
law of the State from which he or she shall be appointed. Any vacancy occurring in the Commission shall
be filled in accordance with the laws of the Compacting State wherein the
vacancy exists. Nothing herein shall be
construed to affect the manner in which a Compacting State determines the
election or appointment and qualification of its own Commissioner.
b. Each Member shall
be entitled to one vote and shall have an opportunity to participate in the
governance of the Commission in accordance with the Bylaws. Notwithstanding any provision herein to the
contrary, no action of the Commission with respect to the promulgation of a
Uniform Standard shall be effective unless two-thirds of the Members vote in
favor thereof.
c. The Commission
shall, by a majority of the Members, prescribe Bylaws to govern its conduct as
may be necessary or appropriate to carry out the purposes, and exercise the
powers, of the Compact, including, but not limited to:
i. Establishing the
fiscal year of the Commission;
ii. Providing
reasonable procedures for appointing and electing members, as well as holding
meetings, of the Management Committee;
iii. Providing
reasonable standards and procedures: (i) for the establishment and meetings of
other committees, and (ii) governing any general or specific delegation of any
authority or function of the Commission;
iv. Providing
reasonable procedures for calling and conducting meetings of the Commission
that consist of a majority of Commission members, ensuring reasonable advance
notice of each such meeting and providing for the right of citizens to attend
each such meeting with enumerated exceptions designed to protect the public's
interest, the privacy of individuals, and insurers' proprietary information,
including trade secrets. The Commission
may meet in camera only after a majority of the entire membership votes to
close a meeting en toto or in part. As
soon as practicable, the Commission must make public (i) a copy of the vote to
close the meeting revealing the vote of each Member with no proxy votes
allowed, and (ii) votes taken during such meeting;
v. Establishing the
titles, duties and authority and reasonable procedures for the election of the
officers of the Commission;
vi. Providing
reasonable standards and procedures for the establishment of the personnel policies
and programs of the Commission.
Notwithstanding any civil service or other similar laws of any
Compacting State, the Bylaws shall exclusively govern the personnel policies
and programs of the Commission;
vii. Promulgating a
code of ethics to address permissible and prohibited activities of commission
members and employees; and
viii. Providing a
mechanism for winding up the operations of the Commission and the equitable
disposition of any surplus funds that may exist after the termination of the Compact
after the payment and/or reserving of all of its debts and obligations.
d. The Commission shall publish its bylaws in a
convenient form and file a copy thereof and a copy of any amendment thereto,
with the appropriate agency or officer in each of the Compacting States.
2. Management
Committee, Officers and Personnel
a. A Management
Committee comprising no more than 14 members shall be established as follows:
i. One member from
each of the six Compacting States with the largest premium volume for
individual and group annuities, life, disability income and long-term care
insurance products, determined from the records of the NAIC for the prior year;
ii. Four members from
those Compacting States with at least two percent of the market based on the
premium volume described above, other than the six Compacting States with the
largest premium volume, selected on a rotating basis as provided in the Bylaws;
and
iii. Four members from
those Compacting States with less than two percent of the market, based on the
premium volume described above, with one selected from each of the four zone
regions of the NAIC as provided in the Bylaws.
b. The Management
Committee shall have such authority and duties as may be set forth in the
Bylaws, including but not limited to:
i. Managing the
affairs of the Commission in a manner consistent with the Bylaws and purposes
of the Commission;
ii. Establishing and
overseeing an organizational structure within, and appropriate procedures for,
the Commission to provide for the creation of Uniform Standards and other
Rules, receipt and review of product filings, administrative and technical
support functions, review of decisions regarding the disapproval of a product
filing, and the review of elections made by a Compacting State to opt out of a
Uniform Standard; provided that a Uniform Standard shall not be submitted to
the Compacting States for adoption unless approved by two-thirds of the members
of the Management Committee;
iii. Overseeing the
offices of the Commission; and
iv. Planning,
implementing, and coordinating communications and activities with other state,
federal and local government organizations in order to advance the goals of the
Commission.
c. The Commission
shall elect annually officers from the Management Committee, with each having
such authority and duties, as may be specified in the Bylaws.
d. The Management
Committee may, subject to the approval of the Commission, appoint or retain an
executive director for such period, upon such terms and conditions and for such
compensation as the Commission may deem appropriate. The executive director shall serve as
secretary to the Commission, but shall not be a Member of the Commission. The executive director shall hire and
supervise such other staff as may be authorized by the Commission.
3. Legislative and
Advisory Committees
a. A legislative
committee comprising state legislators or their designees shall be established
to monitor the operations of, and make recommendations to, the Commission, including
the Management Committee; provided that the manner of selection and term of any
legislative committee member shall be as set forth in the Bylaws. Prior to the
adoption by the Commission of any Uniform Standard, revision to the Bylaws,
annual budget or other significant matter as may be provided in the Bylaws, the
Management Committee shall consult with and report to the legislative
committee.
b. The Commission
shall establish two advisory committees, one of which shall comprise consumer
representatives independent of the insurance industry, and the other comprising
insurance industry representatives.
c. The Commission may
establish additional advisory committees as its Bylaws may provide for the
carrying out of its functions.
4. Corporate Records
of the Commission
The Commission shall maintain its corporate books and records
in accordance with the Bylaws.
5. Qualified Immunity,
Defense, and Indemnification
a. The Members,
officers, executive director, employees, and representatives of the Commission
shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act,
error or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities; provided, that nothing in
this paragraph shall be construed to protect any such person from suit and/or
liability for any damage, loss, injury or liability caused by the intentional
or willful and wanton misconduct of that person.
b. The Commission
shall defend any Member, officer, executive director, employee, or representative
of the Commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error, or omission that occurred within the scope
of Commission employment, duties, or responsibilities, or that the person
against whom the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or responsibilities;
provided, that nothing herein shall be construed to prohibit that person from
retaining his or her own counsel; and provided further, that the actual or
alleged act, error, or omission did not result from that person's intentional
or willful and wanton misconduct.
c. The Commission
shall indemnify and hold harmless any Member, officer, executive director,
employee, or representative of the Commission for the amount of any settlement
or judgment obtained against that person arising out of any actual or alleged
act, error, or omission that occurred within the scope of Commission
employment, duties, or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of Commission employment, duties,
or responsibilities, provided, that the actual or alleged act, error, or
omission did not result from the intentional or willful and wanton misconduct
of that person.
Article VI. Meetings
and Acts of the Commission
1. The Commission
shall meet and take such actions as are consistent with the provisions of this
Compact and the Bylaws.
2. Each Member of the
Commission shall have the right and power to cast a vote to which that
Compacting State is entitled and to participate in the business and affairs of
the Commission. A Member shall vote in
person or by such other means as provided in the Bylaws. The Bylaws may provide for Members' participation
in meetings by telephone or other means of communication.
3. The Commission
shall meet at least once during each calendar year. Additional meeting shall be held as set forth
in the Bylaws.
Article
VII. Rules and Operating
Procedures: Rulemaking Functions
of the Commission and Opting Out of Uniform Standards
1. Rulemaking
Authority. The Commission shall
promulgate reasonable Rules, including Uniform Standards, and Operating
Procedures in order to effectively and efficiently achieve the purposes of this
Compact. Notwithstanding the foregoing,
in the event the Commission exercises its rulemaking authority in a manner that
is beyond the scope of the purposes of this Act, or the powers granted
hereunder, then such an action by the Commission shall be invalid and have no
force and effect.
2. Rulemaking
Procedure. Rules and Operating
Procedures shall be made pursuant to a rulemaking process that conforms to the
Model State Administrative Procedure Act of 1981 as amended, as may be
appropriate to the operations of the Commission. Before the Commission adopts a Uniform
Standard, the Commission shall give written notice to the relevant state
legislative committee(s) in each Compacting State responsible for insurance
issues of its intention to adopt the Uniform Standard. The Commission in adopting a Uniform Standard
shall consider fully all submitted materials and issue a concise explanation of
its decision.
3. Effective Date and
Opt Out of a Uniform Standard. A Uniform
Standard shall become effective 90 days after its promulgation by the
Commission or such later date as the Commission may determine; provided,
however, that a Compacting State may opt out of a Uniform Standard as provided
in this Article. "Opt out" shall be defined as any action by a Compacting
State to decline to adopt or participate in a promulgated Uniform
Standard. All other Rules and Operating
Procedures, and amendments thereto, shall become effective as of the date
specified in each Rule, Operating Procedure, or amendment.
4. Opt Out
Procedure. A Compacting State may opt
out of a Uniform Standard, either by legislation or regulation duly promulgated
by the Insurance Department under the Compacting State's Administrative
Procedure Act. If a Compacting State
elects to opt out of a Uniform Standard by regulation, it must (a) give written
notice to the Commission no later than ten business days after the Uniform
Standard is promulgated, or at the time the State becomes a Compacting State
and (b) find that the Uniform Standard does not provide reasonable protections
to the citizens of the State, given the conditions in the State. The Commissioner shall make specific findings
of fact and conclusions of law, based on a preponderance of the evidence,
detailing the conditions in the State which warrant a departure from the
Uniform Standard and determining that the Uniform Standard would not reasonably
protect the citizens of the State. The
Commissioner must consider and balance the following factors and find that the
conditions in the State and needs of the citizens of the State outweigh: (i)
the intent of the legislature to participate in, and the benefits of, an
interstate agreement to establish national uniform consumer protections for the
Products subject to this Act; and (ii) the presumption that a Uniform Standard
adopted by the Commission provides reasonable protections to consumers of the
relevant Product.
Notwithstanding the foregoing, a Compacting State may, at the
time of its enactment of this Compact, prospectively opt out of all Uniform
Standards involving long-term care insurance products by expressly providing
for such opt out in the enacted Compact, and such an opt out shall not be
treated as a material variance in the offer or acceptance of any State to
participate in this Compact. Such an opt
out shall be effective at the time of enactment of this Compact by the
Compacting State and shall apply to all existing Uniform Standards involving
long-term care insurance products and those subsequently promulgated.
5. Effect of Opt
Out. If a Compacting State elects to opt
out of a Uniform Standard, the Uniform Standard shall remain applicable in the
Compacting State electing to opt out until such time the opt out legislation is
enacted into law or the regulation opting out becomes effective.
Once the opt out of a Uniform Standard by a Compacting State
becomes effective as provided under the laws of that State, the Uniform
Standard shall have no further force and effect in that State unless and until
the legislation or regulation implementing the opt out is repealed or otherwise
becomes ineffective under the laws of the State. If a Compacting State opts out of a Uniform
Standard after the Uniform Standard has been made effective in that State, the
opt out shall have the same prospective effect as provided under Article XIV
for withdrawals.
6. Stay of Uniform Standard. If a Compacting State has formally initiated
the process of opting out of a Uniform Standard by regulation, and while the
regulatory opt out is pending, the Compacting State may petition the
Commission, at least 15 days before the effective date of the Uniform Standard,
to stay the effectiveness of the Uniform Standard in that State. The Commission may grant a stay if it determines
the regulatory opt out is being pursued in a reasonable manner and there is a
likelihood of success. If a stay is
granted or extended by the Commission, the stay or extension thereof may
postpone the effective date by up to 90 days, unless affirmatively extended by
the Commission; provided, a stay may not be permitted to remain in effect for
more than one year unless the Compacting State can show extraordinary
circumstances which warrant a continuance of the stay, including, but not
limited to, the existence of a legal challenge which prevents the Compacting
State from opting out. A stay may be
terminated by the Commission upon notice that the rulemaking process has been
terminated.
7. Not later than 30
days after a Rule or Operating Procedure is promulgated, any person may file a
petition for judicial review of the Rule or Operating Procedure; provided, that
the filing of such a petition shall not stay or otherwise prevent the Rule or
Operating Procedure from becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The court shall give deference to the actions
of the Commission consistent with applicable law and shall not find the Rule or
Operating Procedure to be unlawful if the Rule or Operating Procedure
represents a reasonable exercise of the Commission's authority.
Article VIII.
Commission Records and Enforcement
1. The Commission
shall promulgate Rules establishing conditions and procedures for public
inspection and copying of its information and official records, except such
information and records involving the privacy of individuals and insurers'
trade secrets. The Commission may
promulgate additional Rules under which it may make available to federal and
state agencies, including law enforcement agencies, records and information
otherwise exempt from disclosure, and may enter into agreements with such
agencies to receive or exchange information or records subject to nondisclosure
and confidentiality provisions.
2. Except as to
privileged records, data and information, the laws of any Compacting State
pertaining to confidentiality or nondisclosure shall not relieve any Compacting
State Commissioner of the duty to disclose any relevant records, data or
information to the Commission; provided, that disclosure to the Commission shall
not be deemed to waive or otherwise affect any confidentiality requirement; and
further provided, that, except as otherwise expressly provided in this Act, the
Commission shall not be subject to the Compacting State's laws pertaining to
confidentiality and nondisclosure with respect to records, data and information
in its possession. Confidential
information of the Commission shall remain confidential after such information
is provided to any Commissioner.
3. The Commission
shall monitor Compacting States for compliance with duly adopted Bylaws, Rules,
including Uniform Standards, and Operating Procedures. The Commission shall notify any noncomplying
Compacting State in writing of its noncompliance with Commission Bylaws, Rules
or Operating Procedures. If a
noncomplying Compacting State fails to remedy its noncompliance within the time
specified in the notice of noncompliance, the Compacting State shall be deemed
to be in default as set forth in Article XIV.
4. The Commissioner of
any State in which an Insurer is authorized to do business, or is conducting
the business of insurance, shall continue to exercise his or her authority to
oversee the market regulation of the activities of the Insurer in accordance
with the provisions of the State's law. The
Commissioner's enforcement of compliance with the Compact is governed by the
following provisions:
a. With respect to the
Commissioner's market regulation of a Product or Advertisement that is approved
or certified to the Commission, the content of the Product or Advertisement
shall not constitute a violation of the provisions, standards or requirements
of the Compact except upon a final order of the Commission, issued at the
request of a Commissioner after prior notice to the Insurer and an opportunity
for hearing before the Commission.
b. Before a Commissioner may bring an action for
violation of any provision, standard or requirement of the Compact relating to
the content of an Advertisement not approved or certified to the Commission,
the Commission, or an authorized Commission officer or employee, must authorize
the action. However, authorization
pursuant to this paragraph does not require notice to the Insurer, opportunity
for hearing or disclosure of requests for authorization or records of the
Commission's action on such requests.
Article IX. Dispute
Resolution
The Commission shall attempt, upon the request of a Member, to
resolve any disputes or other issues that are subject to this Compact and which
may arise between two or more Compacting States, or between Compacting States
and Noncompacting States, and the Commission shall promulgate an Operating
Procedure providing for resolution of such disputes.
Article X. Product
Filing and Approval
1. Insurers and Third
Party Filers seeking to have a Product approved by the Commission shall file
the Product with, and pay applicable filing fees to, the Commission. Nothing in this Act shall be construed to
restrict or otherwise prevent an insurer from filing its Product with the
insurance department in any State wherein the insurer is licensed to conduct
the business of insurance, and such filing shall be subject to the laws of the
States where filed.
2. The Commission shall
establish appropriate filing and review processes and procedures pursuant to
Commission Rules and Operating Procedures.
Notwithstanding any provision herein to the contrary, the Commission
shall promulgate Rules to establish conditions and procedures under which the
Commission will provide public access to Product filing information. In establishing such Rules, the Commission
shall consider the interests of the public in having access to such
information, as well as protection of personal medical and financial
information and trade secrets, that may be contained in a Product filing or
supporting information.
3. Any Product approved
by the Commission may be sold or otherwise issued in those Compacting States
for which the Insurer is legally authorized to do business.
Article XI. Review of
Commission Decisions Regarding Filings
1. Not later than 30
days after the Commission has given notice of a disapproved Product or
Advertisement filed with the Commission, the Insurer or Third Party Filer whose
filing was disapproved may appeal the determination to a review panel appointed
by the Commission. The Commission shall
promulgate Rules to establish procedures for appointing such review panels and
provide for notice and hearing. An
allegation that the Commission, in disapproving a Product or Advertisement
filed with the Commission, acted arbitrarily, capriciously, or in a manner that
is an abuse of discretion or otherwise not in accordance with the law, is
subject to judicial review in accordance with Article III, Section 4.
2. The Commission shall
have authority to monitor, review and reconsider Products and Advertisement
subsequent to their filing or approval upon a finding that the product does not
meet the relevant Uniform Standard.
Where appropriate, the Commission may withdraw or modify its approval
after proper notice and hearing, subject to the appeal process in Section 1
above.
Article XII. Finance
1. The Commission shall
pay or provide for the payment of the reasonable expenses of its establishment
and organization. To fund the cost of
its initial operations, the Commission may accept contributions and other forms
of funding from the National Association of Insurance Commissioners, Compacting
States, and other sources. Contributions
and other forms of funding from other sources shall be of such a nature that
the independence of the Commission concerning the performance of its duties
shall not be compromised.
2. The Commission shall collect a filing fee
from each Insurer and Third Party Filer filing a product with the Commission to
cover the cost of the operations and activities of the Commission and its staff
in a total amount sufficient to cover the Commission's annual budget.
3. The Commission's
budget for a fiscal year shall not be approved until it has been subject to
notice and comment as set forth in Article VII of this Compact.
4. The Commission
shall be exempt from all taxation in and by the Compacting states.
5. The Commission
shall not pledge the credit of any Compacting State, except by and with the
appropriate legal authority of that Compacting State.
6. The Commission
shall keep complete and accurate accounts of all its internal receipts,
including grants and donations, and disbursements of all funds under its
control. The internal financial accounts
of the Commission shall be subject to the accounting procedures established
under its Bylaws. The financial accounts
and reports including the system of internal controls and procedures of the
Commission shall be audited annually by an independent certified public
accountant. Upon the determination of
the Commission, but no less frequently than every three years, the review of
the independent auditor shall include a management and performance audit of the
Commission. The Commission shall make an
Annual Report to the Governor and legislature of the Compacting States, which
shall include a report of the independent audit. The Commission's internal accounts shall not
be confidential and such materials may be shared with the Commissioner of any
Compacting State upon request provided, however, that any work papers related
to any internal or independent audit and any information regarding the privacy
of individuals and insurers' proprietary information, including trade secrets,
shall remain confidential.
7. No Compacting State
shall have any claim to or ownership of any property held by or vested in the
Commission or to any Commission funds held pursuant to the provisions of this
Compact.
Article XIII.
Compacting States, Effective Date and Amendment
1. Any State is
eligible to become a Compacting State.
2. The Compact shall
become effective and binding upon legislative enactment of the Compact into law
by two Compacting States; provided, the Commission shall become effective for
purposes of adopting Uniform Standards for, reviewing, and giving approval or
disapproval of, Products filed with the Commission that satisfy applicable
Uniform Standards only after 26 States are Compacting States or, alternatively,
by States representing greater than 40 percent of the premium volume for life
insurance, annuity, disability income and long-term care insurance products,
based on records of the NAIC for the prior year. Thereafter, it shall become effective and
binding as to any other Compacting State upon enactment of the Compact into law
by that State.
3. Amendments to the
Compact may be proposed by the Commission for enactment by the Compacting
States. No amendment shall become
effective and binding upon the Commission and the Compacting States unless and
until all Compacting States enact the amendment into law.
Article XIV.
Withdrawal, Default and Termination
1. Withdrawal
a. Once effective, the
Compact shall continue in force and remain binding upon each and every
Compacting State; provided, that a Compacting State may withdraw from the
Compact ("Withdrawing State") by enacting a statute specifically
repealing the statute which enacted the Compact into law.
b. The effective date of withdrawal is the
effective date of the repealing statute.
However, the withdrawal shall not apply to any product filings approved
or self-certified, or any Advertisement of such products, on the date the
repealing statute becomes effective, except by mutual agreement of the
Commission and the Withdrawing State unless the approval is rescinded by the
Withdrawing State as provided in Paragraph e of this section.
c. The Commissioner of
the Withdrawing State shall immediately notify the Management Committee in
writing upon the introduction of legislation repealing this Compact in the
Withdrawing State.
d. The Commission shall
notify the other Compacting States of the introduction of such legislation
within ten days after its receipt of notice thereof.
e. The Withdrawing
State is responsible for all obligations, duties and liabilities incurred
through the effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of withdrawal, except to
the extent those obligations may have been released or relinquished by mutual
agreement of the Commission and the Withdrawing State. The Commission's approval of Products and
Advertisement prior to the effective date of withdrawal shall continue to be
effective and be given full force and effect in the Withdrawing State, unless
formally rescinded by the Withdrawing State in the same manner as provided by
the laws of the Withdrawing State for the prospective disapproval of products
or advertisement previously approved under state law.
f. Reinstatement
following withdrawal of any Compacting State shall occur upon the effective
date of the Withdrawing State reenacting the Compact.
2. Default
a. If the Commission
determines that any Compacting State has at any time defaulted
("Defaulting State") in the performance of any of its obligations or
responsibilities under this Compact, the Bylaws or duly promulgated Rules or
Operating Procedures, then, after notice and hearing as set forth in the
Bylaws, all rights, privileges and benefits conferred by this Compact on the
Defaulting State shall be suspended from the effective date of default as fixed
by the Commission. The grounds for
default include, but are not limited to, failure of a Compacting State to
perform its obligations or responsibilities, and any other grounds designated
in Commission Rules. The Commission
shall immediately notify the Defaulting State in writing of the Defaulting
State's suspension pending a cure of the default. The Commission shall stipulate the conditions
and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the
default within the time period specified by the Commission, the Defaulting
State shall be terminated form the Compact and all rights, privileges and
benefits conferred by this Compact shall be terminated from the effective date
of termination.
b. Product approvals
by the Commission or product self-certifications, or any Advertisement in
connection with such product, that are in force on the effective date of
termination shall remain in force in the Defaulting State in the same manner as
if the Defaulting State had withdrawn voluntarily pursuant to Section 1 of this
article.
c. Reinstatement
following termination of any Compacting State requires a reenactment of the
Compact.
3. Dissolution of
Compact
a. The Compact
dissolves effective upon the date of the withdrawal or default of the
Compacting State which reduces membership in the Compact to one Compacting
State.
b. Upon the
dissolution of this Compact, the Compact becomes null and void and shall be of
no further force or effect, and the business and affairs of the Commission
shall be wound up and any surplus funds shall be distributed in accordance with
the Bylaws.
Article
XV. Severability and Construction
1. The provisions of
this Compact shall be severable; and if any phrase, clause, sentence, or
provision is deemed unenforceable, the remaining provisions of the Compact
shall be enforceable.
2. The provisions of
this Compact shall be liberally construed to effectuate its purposes.
Article XVI. Binding
Effect of Compact and Other Laws
1. Other Laws
a. Nothing herein
prevents the enforcement of any other law of a Compacting State, except as
provided in Paragraph b of this section.
b. For any Product
approved or certified to the Commission, the Rules, Uniform Standards, and any
other requirements of the Commission shall constitute the exclusive provisions
applicable to the content, approval, and certification of such Products. For Advertisement that is subject to the
Commission's authority, any Rule, Uniform Standard, or other requirement of the
Commission which governs the content of the Advertisement shall constitute the
exclusive provision that a Commissioner may apply to the content of the
Advertisement. Notwithstanding the
foregoing, no action taken by the Commission shall abrogate or restrict: (i)
the access of any person to state courts; (ii) remedies available under state
law related to breach of contract, tort, or other laws not specifically
directed to the content of the Product; (iii) state law relating to the construction
of insurance contracts; or (iv) the authority of the attorney general of the
state, including but not limited to maintaining any actions or proceedings, as
authorized by law.
c. All insurance
products filed with individual States shall be subject to the laws of those
States.
2. Binding Effect of
this Compact
a. All lawful actions
of the Commission, including all Rules and Operating Procedures promulgated by
the Commission, are binding upon the Compacting States.
b. All agreements
between the Commission and the Compacting States are binding in accordance with
their terms.
c. Upon the request of
a party to a conflict over the meaning or interpretation of Commission actions,
and upon a majority vote of the Compacting States, the Commission may issue
advisory opinions regarding the meaning or interpretation in dispute.
d. In the event any
provision of this Compact exceeds the constitutional limits imposed on the
legislature of any Compacting State, the obligations, duties, powers or
jurisdiction sought to be conferred by that provision upon the Commission shall
be ineffective as to that Compacting State, and those obligations, duties,
powers, or jurisdiction shall remain in the Compacting State and shall be
exercised by the agency thereof to which those obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this Compact becomes
effective.
Subd. 2. Commission representative. The commissioner of commerce is the
representative of this state to the commission.
Sec.
4. [60A.991]
INTERSTATE INSURANCE PRODUCT REGULATION COMPACT OPT OUT ADMINISTRATION.
Subdivision 1.
Access to courts. The commissioner must opt out by
regulation of any uniform standard that permits a product to deny a consumer's
access to the courts to resolve a dispute related to the product. In addition to opting out, the commissioner
must petition the commission for a stay of the effective date of the standard.
Subd. 2. Deference by courts. A decision by the commissioner to opt out
by regulation shall be given deference by the courts.
Sec. 5. Minnesota
Statutes 2004, section 61A.02, subdivision 3, is amended to read:
Subd. 3. Disapproval. (a) The commissioner shall, within 60
days after the filing of any form, disapprove the form:
(1) if the benefits provided are unreasonable in relation to
the premium charged;
(2) if the safety and soundness of the company would be
threatened by the offering of an excess rate of interest on the policy or
contract;
(3) if it contains a provision or provisions which are
unlawful, unfair, inequitable, misleading, or encourages misrepresentation of
the policy; or
(4) if the form, or its provisions, is otherwise not in the
public interest. It shall be unlawful
for the company to issue any policy in the form so disapproved. If the commissioner does not within 60 days
after the filing of any form, disapprove or otherwise object, the form shall be
deemed approved.
(b) When an insurer or the Minnesota Comprehensive Health
Association fails to respond to an objection or inquiry within 60 days, the
filing is automatically disapproved. A
resubmission is required if action by the Department of Commerce is
subsequently requested. An additional
filing fee is required for the resubmission.
(c) For purposes of paragraph (a), clause (2), an
excess rate of interest is a rate of interest exceeding the rate of interest
determined by subtracting three percentage points from Moody's corporate bond
yield average as most recently available.
Sec. 6. Minnesota
Statutes 2004, section 61A.092, subdivision 3, is amended to read:
Subd. 3. Notice of options. Upon termination of or layoff from employment
of a covered employee, the employer shall inform the employee of:
(1) the employee's right to elect to continue the coverage;
(2) the amount the employee must pay monthly to the employer
to retain the coverage;
(3) the manner in which and the office of the employer to
which the payment to the employer must be made; and
(4) the time by which the payments to the employer must be
made to retain coverage.
The employee has 60 days within which to elect coverage. The 60-day period shall begin to run on the
date coverage would otherwise terminate or on the date upon which notice of the
right to coverage is received, whichever is later.
If
the covered employee or covered dependent dies during the 60-day election
period and before the covered employee makes an election to continue or reject
continuation, then the covered employee will be considered to have elected
continuation of coverage. The estate
of beneficiary previously selected by the former employee or covered
dependent would then be entitled to a death benefit equal to the amount of
insurance that could have been continued less any unpaid premium owing as of
the date of death.
Notice must be in writing and sent by first class mail to the
employee's last known address which the employee has provided to the employer.
A notice in substantially the following form is sufficient:
"As a terminated or laid off employee, the law authorizes you to maintain
your group insurance benefits, in an amount equal to the amount of insurance in
effect on the date you terminated or were laid off from employment, for a
period of up to 18 months. To do so, you
must notify your former employer within 60 days of your receipt of this notice
that you intend to retain this coverage and must make a monthly payment of
$............ at ............. by the ............. of each month."
Sec. 7. Minnesota
Statutes 2004, section 62A.02, subdivision 3, is amended to read:
Subd. 3. Standards for disapproval. (a) The commissioner shall, within 60
days after the filing of any form or rate, disapprove the form or rate:
(1) if the benefits provided are not reasonable in relation
to the premium charged;
(2) if it contains a provision or provisions which are
unjust, unfair, inequitable, misleading, deceptive or encourage
misrepresentation of the health plan form, or otherwise does not comply with
this chapter, chapter 62L, or chapter 72A;
(3) if the proposed premium rate is excessive or not
adequate; or
(4) the actuarial reasons and data submitted do not justify
the rate.
The party proposing a rate has the burden of proving by a
preponderance of the evidence that it does not violate this subdivision.
In determining the reasonableness of a rate, the commissioner
shall also review all administrative contracts, service contracts, and other
agreements to determine the reasonableness of the cost of the contracts or
agreement and effect of the contracts on the rate. If the commissioner determines that a
contract or agreement is not reasonable, the commissioner shall disapprove any
rate that reflects any unreasonable cost arising out of the contract or
agreement. The commissioner may require
any information that the commissioner deems necessary to determine the
reasonableness of the cost.
For the purposes of this subdivision, the commissioner shall
establish by rule a schedule of minimum anticipated loss ratios which shall be
based on (i) the type or types of coverage provided, (ii) whether the policy is
for group or individual coverage, and (iii) the size of the group for group
policies. Except for individual policies
of disability or income protection insurance, the minimum anticipated loss
ratio shall not be less than 50 percent after the first year that a policy is
in force. All applicants for a policy
shall be informed in writing at the time of application of the anticipated loss
ratio of the policy. "Anticipated loss ratio" means the ratio at the
time of filing, at the time of notice of withdrawal under subdivision 4a, or at
the time of subsequent rate revision of the present value of all expected
future benefits, excluding dividends, to the present value of all expected
future premiums.
If
the commissioner notifies a health carrier that has filed any form or rate that
it does not comply with this chapter, chapter 62L, or chapter 72A, it shall be
unlawful for the health carrier to issue or use the form or rate. In the notice the commissioner shall specify
the reasons for disapproval and state that a hearing will be granted within 20
days after request in writing by the health carrier.
The 60-day period within which the commissioner is to approve
or disapprove the form or rate does not begin to run until a complete filing of
all data and materials required by statute or requested by the commissioner has
been submitted.
However, if the supporting data is not filed within 30 days
after a request by the commissioner, the rate is not effective and is presumed
to be an excessive rate.
(b) When an insurer or the Minnesota Comprehensive Health
Association fails to respond to an objection or inquiry within 60 days, the
filing is automatically disapproved. A
resubmission is required if action by the Department of Commerce is
subsequently requested. An additional
filing fee is required for the resubmission.
Sec. 8. Minnesota
Statutes 2004, section 62A.02, is amended by adding a subdivision to read:
Subd. 3a. Individual policy rates file and use;
minimum lifetime loss ratio guarantee.
(a) Notwithstanding subdivisions 2, 3, 4a, 5a, and 6, individual
premium rates may be used upon filing with the department of an individual
policy form if the filing is accompanied by the individual policy form filing
and a minimum lifetime loss ratio guarantee.
Insurers may use the filing procedure specified in this subdivision only
if the affected individual policy forms disclose the benefit of a minimum
lifetime loss ratio guarantee. Insurers
may amend individual policy forms to provide for a minimum lifetime loss ratio
guarantee. If an insurer elects to use
the filing procedure in this subdivision for an individual policy rate, the
insurer shall not use a filing of premium rates that does not provide a minimum
lifetime loss ratio guarantee for that individual policy rate.
(b) The minimum lifetime loss ratio guarantee must be in
writing and must contain at least the following:
(1) an actuarial memorandum specifying the expected loss
ratio that complies with the standards as set forth in this subdivision;
(2) a statement certifying that all rates, fees, dues, and
other charges are not excessive, inadequate, or unfairly discriminatory;
(3) detailed experience information concerning the policy
forms;
(4) a step-by-step description of the process used to develop
the minimum lifetime loss ratio, including demonstration with supporting data;
(5) guarantee of specific minimum lifetime loss ratio that
must be greater than or equal to 65 percent for policies issued to individuals
or for certificates issued to members of an association that does not offer
coverage to small employers, taking into consideration adjustments for
duration;
(6) a guarantee that the actual Minnesota loss ratio for the
calendar year in which the new rates take effect, and for each year thereafter
until new rates are filed, will meet or exceed the minimum lifetime loss ratio
standards referred to in clause (5), adjusted for duration;
(7) a guarantee that the actual Minnesota lifetime loss ratio
shall meet or exceed the minimum lifetime loss ratio standards referred to in
clause (5); and
(8)
if the annual earned premium volume in Minnesota under the particular policy
form is less than $2,500,000, the minimum lifetime loss ratio guarantee must be
based partially on the Minnesota earned premium and other credible factors as
specified by the commissioner.
(c) The actual Minnesota minimum loss ratio results for each
year at issue must be independently audited at the insurer's expense, and the
audit report must be filed with the commissioner not later than 120 days after
the end of the year at issue.
(d) The insurer shall refund premiums in the amount necessary
to bring the actual loss ratio up to the guaranteed minimum lifetime loss
ratio. For the purpose of this paragraph,
loss ratio and guaranteed minimum lifetime loss ratio are the expected
aggregate loss ratio of all approved individual policy forms that provide for a
minimum lifetime loss ratio guarantee.
(e) A Minnesota policyholder affected by the guaranteed minimum
lifetime loss ratio shall receive a portion of the premium refund relative to
the premium paid by the policyholder.
The refund must be made to all Minnesota policyholders insured under the
applicable policy form during the year at issue if the refund would equal $10
or more per policy. The refund must
include statutory interest from July 1 of the year at issue until the date of
payment. Payment must be made not later
than 180 days after the end of the year at issue.
(f) Premium refunds of less than $10 per insured must be
credited to the policyholder's account.
(g) Subdivisions 2 and 3 do not apply if premium rates are
filed with the department and accompanied by a minimum lifetime loss ratio
guarantee that meets the requirements of this subdivision. Such filings are deemed approved. When determining a loss ratio for the
purposes of a minimum lifetime loss ratio guarantee, the insurer shall divide
the total of the claims incurred, plus preferred provider organization
expenses, case management, and utilization review expenses, plus reinsurance
premiums less reinsurance recoveries by the premiums earned less state and
local taxes less other assessments. The
insurer shall identify any assessment allocated.
(h) The policy form filing of an insurer using the filing
procedure with a minimum lifetime loss ratio guarantee must disclose to the
enrollee, member, or subscriber an explanation of the minimum lifetime loss
ratio guarantee, and the actual loss ratio, and any adjustments for duration.
(i) The insurer who elects to use the filing procedure with a
minimum lifetime loss ratio guarantee shall notify all policyholders of the
refund calculation, the result of the refund calculation, the percentage of
premium on an aggregate basis to be refunded, if any, any amount of the refund
attributed to the payment of interests, and an explanation of amounts less than
$10.
Sec. 9. Minnesota
Statutes 2004, section 62A.021, subdivision 1, is amended to read:
Subdivision 1. Loss ratio standards. (a) Notwithstanding section 62A.02,
subdivision 3, relating to loss ratios, and except as otherwise authorized
by section 62A.02, subdivision 3a, for individual policies or certificates, health
care policies or certificates shall not be delivered or issued for delivery to an
individual or to a small employer as defined in section 62L.02, unless the
policies or certificates can be expected, as estimated for the entire period
for which rates are computed to provide coverage, to return to Minnesota
policyholders and certificate holders in the form of aggregate benefits not
including anticipated refunds or credits, provided under the policies or
certificates, (1) at least 75 percent of the aggregate amount of premiums
earned in the case of policies issued in the small employer market, as defined
in section 62L.02, subdivision 27, calculated on an aggregate basis; and (2) at
least 65 percent of the aggregate amount of premiums earned in the case of each
policy form or certificate form issued in the individual market; calculated on
the basis of incurred claims experience or incurred health care expenses where
coverage is provided by a health maintenance organization on a service rather
than reimbursement basis and earned premiums for the period and according to
accepted actuarial principles and practices.
Assessments by the reinsurance
association created in chapter 62L and all types of taxes, surcharges, or
assessments created by Laws 1992, chapter 549, or created on or after April 23,
1992, are included in the calculation of incurred claims experience or incurred
health care expenses. The applicable
percentage for policies and certificates issued in the small employer market,
as defined in section 62L.02, increases by one percentage point on July 1 of
each year, beginning on July 1, 1994, until an 82 percent loss ratio is reached
on July 1, 2000. The applicable
percentage for policy forms and certificate forms issued in the individual
market increases by one percentage point on July 1 of each year, beginning on
July 1, 1994, until a 72 percent loss ratio is reached on July 1, 2000. A health carrier that enters a market after
July 1, 1993, does not start at the beginning of the phase-in schedule and must
instead comply with the loss ratio requirements applicable to other health carriers
in that market for each time period.
Premiums earned and claims incurred in markets other than the small
employer and individual markets are not relevant for purposes of this section.
(b) All filings of rates and rating schedules shall
demonstrate that actual expected claims in relation to premiums comply with the
requirements of this section when combined with actual experience to date. Filings of rate revisions shall also
demonstrate that the anticipated loss ratio over the entire future period for
which the revised rates are computed to provide coverage can be expected to
meet the appropriate loss ratio standards, and aggregate loss ratio from
inception of the policy form or certificate form shall equal or exceed the
appropriate loss ratio standards.
(c) A health carrier that issues health care policies and
certificates to individuals or to small employers, as defined in section
62L.02, in this state shall file annually its rates, rating schedule, and
supporting documentation including ratios of incurred losses to earned premiums
by policy form or certificate form duration for approval by the commissioner
according to the filing requirements and procedures prescribed by the
commissioner. The supporting documentation
shall also demonstrate in accordance with actuarial standards of practice using
reasonable assumptions that the appropriate loss ratio standards can be
expected to be met over the entire period for which rates are computed. The demonstration shall exclude active life
reserves. If the data submitted does not
confirm that the health carrier has satisfied the loss ratio requirements of
this section, the commissioner shall notify the health carrier in writing of
the deficiency. The health carrier shall
have 30 days from the date of the commissioner's notice to file amended rates
that comply with this section. If the
health carrier fails to file amended rates within the prescribed time, the
commissioner shall order that the health carrier's filed rates for the
nonconforming policy form or certificate form be reduced to an amount that
would have resulted in a loss ratio that complied with this section had it been
in effect for the reporting period of the supplement. The health carrier's failure to file amended
rates within the specified time or the issuance of the commissioner's order
amending the rates does not preclude the health carrier from filing an
amendment of its rates at a later time.
The commissioner shall annually make the submitted data available to the
public at a cost not to exceed the cost of copying. The data must be compiled in a form useful
for consumers who wish to compare premium charges and loss ratios.
(d) Each sale of a policy or certificate that does not comply
with the loss ratio requirements of this section is an unfair or deceptive act
or practice in the business of insurance and is subject to the penalties in
sections 72A.17 to 72A.32.
(e)(1) For purposes of this section, health care policies
issued as a result of solicitations of individuals through the mail or mass
media advertising, including both print and broadcast advertising, shall be
treated as individual policies.
(2) For purposes of this section, (i) "health care
policy" or "health care certificate" is a health plan as defined
in section 62A.011; and (ii) "health carrier" has the meaning given
in section 62A.011 and includes all health carriers delivering or issuing for
delivery health care policies or certificates in this state or offering these
policies or certificates to residents of this state.
(f)
The loss ratio phase-in as described in paragraph (a) does not apply to
individual policies and small employer policies issued by a health plan company
that is assessed less than three percent of the total annual amount assessed by
the Minnesota Comprehensive Health Association.
These policies must meet a 68 percent loss ratio for individual
policies, a 71 percent loss ratio for small employer policies with fewer than
ten employees, and a 75 percent loss ratio for all other small employer
policies.
(g) Notwithstanding paragraphs (a) and (f), the loss ratio
shall be 60 percent for a health plan as defined in section 62A.011, offered by
an insurance company licensed under chapter 60A that is assessed less than ten
percent of the total annual amount assessed by the Minnesota Comprehensive
Health Association. For purposes of the
percentage calculation of the association's assessments, an insurance company's
assessments include those of its affiliates.
(h) The commissioners of commerce and health shall each annually
issue a public report listing, by health plan company, the actual loss ratios
experienced in the individual and small employer markets in this state by the
health plan companies that the commissioners respectively regulate. The commissioners shall coordinate release of
these reports so as to release them as a joint report or as separate reports
issued the same day. The report or
reports shall be released no later than June 1 for loss ratios experienced for
the preceding calendar year. Health plan
companies shall provide to the commissioners any information requested by the
commissioners for purposes of this paragraph.
Sec. 10. Minnesota
Statutes 2004, section 62A.095, subdivision 1, is amended to read:
Subdivision 1. Applicability. (a) No health plan shall be offered, sold, or
issued to a resident of this state, or to cover a resident of this state,
unless the health plan complies with subdivision 2.
(b) Health plans providing benefits under health care
programs administered by the commissioner of human services are not subject to
the limits described in subdivision 2 but are subject to the right of
subrogation provisions under section 256B.37 and the lien provisions under
section 256.015; 256B.042; 256D.03, subdivision 8; or 256L.03, subdivision 6.
For purposes of this section, "health plan"
includes coverage that is excluded under section 62A.011, subdivision 3,
clauses (4), (7), and (10).
Sec. 11. Minnesota
Statutes 2004, section 62A.27, is amended to read:
62A.27 COVERAGE OF ADOPTED CHILDREN.
(a) A health plan that provides coverage to a Minnesota
resident must cover adopted children of the insured, subscriber, participant,
or enrollee on the same basis as other dependents. Consequently, the plan shall not contain any
provision concerning preexisting condition limitations, insurability,
eligibility, or health underwriting approval concerning children placed for
adoption with the participant.
(b) The coverage required by this section is effective from
the date of placement for adoption. For
purposes of this section, placement for adoption means the assumption and
retention by a person of a legal obligation for total or partial support of a
child in anticipation of adoption of the child.
The child's placement with a person terminates upon the termination of
the legal obligation for total or partial support.
(c) For the purpose of this section, health plan includes:
(1) coverage offered by community integrated service
networks;
(2) coverage that is designed solely to provide dental or
vision care; and
(3)
any plan under the federal Employee Retirement Income Security Act of 1974
(ERISA), United States Code, title 29, sections 1001 to 1461.
(d) No policy or contract covered by this section may require
notification to a health carrier as a condition for this dependent
coverage. However, if the policy or
contract mandates an additional premium for each dependent, the health carrier
is entitled to all premiums that would have been collected had the health
carrier been aware of the additional dependent.
The health carrier may withhold payment of any health benefits for the
new dependent until it has been compensated with the applicable premium which
would have been owed if the health carrier had been informed of the additional
dependent immediately.
Sec. 12. Minnesota
Statutes 2004, section 62A.3093, is amended to read:
62A.3093 COVERAGE FOR
DIABETES.
Subdivision 1.
Required coverage. A health plan, including a plan providing the
coverage specified in section 62A.011, subdivision 3, clause (10), must provide
coverage for: (1) all physician prescribed medically appropriate and necessary
equipment and supplies used in the management and treatment of diabetes; and
(2) diabetes outpatient self-management training and education, including
medical nutrition therapy, that is provided by a certified, registered, or
licensed health care professional working in a program consistent with the
national standards of diabetes self-management education as established by the
American Diabetes Association. Coverage
must include persons with gestational, type I or type II diabetes. Coverage required under this section is
subject to the same deductible or coinsurance provisions applicable to the
plan's hospital, medical expense, medical equipment, or prescription drug
benefits. A health carrier may not
reduce or eliminate coverage due to this requirement.
Subd. 2. Medicare Part D exception. A health plan providing the coverage
specified in section 62A.011, subdivision 3, clause (10), is not subject to the
requirements of subdivision 1, clause (1), with respect to equipment and
supplies covered under the Medicare Part D Prescription Drug program, whether
or not the covered person is enrolled in a Medicare Part D plan.
This subdivision does not apply to a health plan providing
the coverage specified in section 62A.011, subdivision 3, clause (10), that was
in effect on December 31, 2005, if the covered person remains enrolled in the
plan and does not enroll in a Medicare Part D plan.
EFFECTIVE
DATE. This section is
effective retroactive to January 1, 2006.
Sec. 13. Minnesota
Statutes 2005 Supplement, section 62A.316, is amended to read:
62A.316 BASIC MEDICARE
SUPPLEMENT PLAN; COVERAGE.
(a) The basic Medicare supplement plan must have a level of
coverage that will provide:
(1) coverage for all of the Medicare Part A inpatient
hospital coinsurance amounts, and 100 percent of all Medicare part A eligible
expenses for hospitalization not covered by Medicare, after satisfying the
Medicare Part A deductible;
(2) coverage for the daily co-payment amount of Medicare Part
A eligible expenses for the calendar year incurred for skilled nursing facility
care;
(3) coverage for the coinsurance amount, or in the case of
outpatient department services paid under a prospective payment system, the
co-payment amount, of Medicare eligible expenses under Medicare Part B
regardless of hospital confinement, subject to the Medicare Part B deductible
amount;
(4)
80 percent of the hospital and medical expenses and supplies incurred during
travel outside the United States as a result of a medical emergency;
(5) coverage for the reasonable cost of the first three pints
of blood, or equivalent quantities of packed red blood cells as defined under
federal regulations under Medicare Parts A and B, unless replaced in accordance
with federal regulations;
(6) 100 percent of the cost of immunizations not otherwise
covered under Part D of the Medicare program and routine screening procedures
for cancer screening including mammograms and pap smears; and
(7) 80 percent of coverage for all physician prescribed
medically appropriate and necessary equipment and supplies used in the
management and treatment of diabetes not otherwise covered under Part D of the
Medicare program. Coverage must include
persons with gestational, type I, or type II diabetes. Coverage under this clause is subject to
section 62A.3093, subdivision 2.
(b) Only the following optional benefit riders may be added
to this plan:
(1) coverage for all of the Medicare Part A inpatient
hospital deductible amount;
(2) a minimum of 80 percent of eligible medical expenses and
supplies not covered by Medicare Part B, not to exceed any charge limitation
established by the Medicare program or state law;
(3) coverage for all of the Medicare Part B annual
deductible;
(4) coverage for at least 50 percent, or the equivalent of 50
percent, of usual and customary prescription drug expenses. An outpatient prescription drug benefit must
not be included for sale or issuance in a Medicare policy or certificate issued
on or after January 1, 2006;
(5) preventive medical care benefit coverage for the
following preventative health services not covered by Medicare:
(i) an annual clinical preventive medical history and
physical examination that may include tests and services from clause (ii) and
patient education to address preventive health care measures;
(ii) preventive screening tests or preventive services, the
selection and frequency of which is determined to be medically appropriate by
the attending physician.
Reimbursement shall be for the actual charges up to 100
percent of the Medicare-approved amount for each service, as if Medicare were
to cover the service as identified in American Medical Association current
procedural terminology (AMA CPT) codes, to a maximum of $120 annually under
this benefit. This benefit shall not
include payment for a procedure covered by Medicare;
(6) coverage for services to provide short-term at-home
assistance with activities of daily living for those recovering from an
illness, injury, or surgery:
(i) For purposes of this benefit, the following definitions
apply:
(A) "activities of daily living" include, but are
not limited to, bathing, dressing, personal hygiene, transferring, eating,
ambulating, assistance with drugs that are normally self-administered, and
changing bandages or other dressings;
(B)
"care provider" means a duly qualified or licensed home health
aide/homemaker, personal care aid, or nurse provided through a licensed home
health care agency or referred by a licensed referral agency or licensed nurses
registry;
(C) "home" means a place used by the insured as a
place of residence, provided that the place would qualify as a residence for
home health care services covered by Medicare.
A hospital or skilled nursing facility shall not be considered the
insured's place of residence;
(D) "at-home recovery visit" means the period of a
visit required to provide at-home recovery care, without limit on the duration
of the visit, except each consecutive four hours in a 24-hour period of
services provided by a care provider is one visit;
(ii) Coverage requirements and limitations:
(A) at-home recovery services provided must be primarily
services that assist in activities of daily living;
(B) the insured's attending physician must certify that the
specific type and frequency of at-home recovery services are necessary because
of a condition for which a home care plan of treatment was approved by
Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery
visits certified as necessary by the insured's attending physician. The total number of at-home recovery visits
shall not exceed the number of Medicare-approved home care visits under a
Medicare-approved home care plan of treatment;
(II) the actual charges for each visit up to a maximum
reimbursement of $40 per visit;
(III) $1,600 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's home;
(VI) services provided by a care provider as defined in this
section;
(VII) at-home recovery visits while the insured is covered
under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received during the period the
insured is receiving Medicare-approved home care services or no more than eight
weeks after the service date of the last Medicare-approved home health care
visit;
(iii) Coverage is excluded for:
(A) home care visits paid for by Medicare or other government
programs; and
(B) care provided by family members, unpaid volunteers, or
providers who are not care providers;
(7)
coverage for at least 50 percent, or the equivalent of 50 percent, of usual and
customary prescription drug expenses to a maximum of $1,200 paid by the issuer
annually under this benefit. An issuer
of Medicare supplement insurance policies that elects to offer this benefit
rider shall also make available coverage that contains the rider specified in
clause (4). An outpatient prescription
drug benefit must not be included for sale or issuance in a Medicare policy or
certificate issued on or after January 1, 2006.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2006.
Sec. 14. [62A.3161] MEDICARE SUPPLEMENT PLAN WITH
50 PERCENT COVERAGE.
The Medicare supplement plan with 50 percent coverage must
have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization
coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 50 percent of the Medicare Part A inpatient
hospital deductible amount per benefit period until the out-of-pocket
limitation is met as described in clause (8);
(3) coverage for 50 percent of the coinsurance amount for
each day used from the 21st through the 100th day in a Medicare benefit period
for posthospital skilled nursing care eligible under Medicare Part A until the
out-of-pocket limitation is met as described in clause (8);
(4) coverage for 50 percent of cost sharing for all Medicare
Part A eligible expenses and respite care until the out-of-pocket limitation is
met as described in clause (8);
(5) coverage for 50 percent, under Medicare Part A or B, of
the reasonable cost of the first three pints of blood, or equivalent quantities
of packed red blood cells, as defined under federal regulations, unless
replaced according to federal regulations, until the out-of-pocket limitation
is met as described in clause (8);
(6) except for coverage provided in this clause, coverage for
50 percent of the cost sharing otherwise applicable under Medicare Part B,
after the policyholder pays the Medicare Part B deductible, until the
out-of-pocket limitation is met as described in clause (8);
(7) coverage of 100 percent of the cost sharing for Medicare
Part B preventive services and diagnostic procedures for cancer screening
described in section 62A.30 after the policyholder pays the Medicare Part B
deductible; and
(8) coverage of 100 percent of all cost sharing under
Medicare Parts A and B for the balance of the calendar year after the
individual has reached the out-of-pocket limitation on annual expenditures
under Medicare Parts A and B of $4,000 in 2006, indexed each year by the
appropriate inflation adjustment by the secretary of the United States
Department of Health and Human Services.
Sec. 15. [62A.3162] MEDICARE SUPPLEMENT PLAN WITH
75 PERCENT COVERAGE.
The basic Medicare supplement plan with 75 percent coverage
must have a level of coverage that will provide:
(1) 100 percent of Medicare Part A hospitalization
coinsurance plus coverage for 365 days after Medicare benefits end;
(2) coverage for 75 percent of the Medicare Part A inpatient
hospital deductible amount per benefit period until the out-of-pocket
limitation is met as described in clause (8);
(3)
coverage for 75 percent of the coinsurance amount for each day used from the
21st through the 100th day in a Medicare benefit period for posthospital
skilled nursing care eligible under Medicare Part A until the out-of-pocket
limitation is met as described in clause (8);
(4) coverage for 75 percent of cost sharing for all Medicare
Part A eligible expenses and respite care until the out-of-pocket limitation is
met as described in clause (8);
(5) coverage for 75 percent, under Medicare Part A or B, of
the reasonable cost of the first three pints of blood, or equivalent quantities
of packed red blood cells, as defined under federal regulations, unless
replaced according to federal regulations until the out-of-pocket limitation is
met as described in clause (8);
(6) except for coverage provided in this clause, coverage for
75 percent of the cost sharing otherwise applicable under Medicare Part B after
the policyholder pays the Medicare Part B deductible until the out-of-pocket
limitation is met as described in clause (8);
(7) coverage of 100 percent of the cost sharing for Medicare
Part B preventive services and diagnostic procedures for cancer screening
described in section 62A.30 after the policyholder pays the Medicare Part B
deductible; and
(8) coverage of 100 percent of all cost sharing under
Medicare Parts A and B for the balance of the calendar year after the
individual has reached the out-of-pocket limitation on annual expenditures
under Medicare Parts A and B of $2,000 in 2006, indexed each year by the
appropriate inflation adjustment by the Secretary of the United States
Department of Health and Human Services.
Sec. 16. Minnesota
Statutes 2004, section 62A.65, subdivision 3, is amended to read:
Subd. 3. Premium rate restrictions. No individual health plan may be offered,
sold, issued, or renewed to a Minnesota resident unless the premium rate
charged is determined in accordance with the following requirements:
(a) Premium rates must be no more than 25 percent above and
no more than 25 percent below the index rate charged to individuals for the
same or similar coverage, adjusted pro rata for rating periods of less than one
year. The premium variations permitted
by this paragraph must be based only upon health status, claims experience, and
occupation. For purposes of this
paragraph, health status includes refraining from tobacco use or other
actuarially valid lifestyle factors associated with good health, provided that
the lifestyle factor and its effect upon premium rates have been determined by
the commissioner to be actuarially valid and have been approved by the
commissioner. Variations permitted under
this paragraph must not be based upon age or applied differently at different
ages. This paragraph does not prohibit
use of a constant percentage adjustment for factors permitted to be used under
this paragraph.
(b) Premium rates may vary based upon the ages of covered
persons only as provided in this paragraph.
In addition to the variation permitted under paragraph (a), each health
carrier may use an additional premium variation based upon age of up to plus or
minus 50 percent of the index rate.
(c) A health carrier may request approval by the commissioner
to establish no more than three separate geographic regions
determined by the health carrier and to establish separate index rates for
each such region, provided that the index rates do not vary between
any two regions by more than 20 percent.
Health carriers that do not do business in the Minneapolis/St. Paul metropolitan area may request approval
for no more than two geographic regions, and clauses (2) and (3) do not apply
to approval of requests made by those health carriers. The commissioner may shall
grant approval if the following conditions are met: (1) the geographic regions must
be applied uniformly by the health carrier;
(2)
one geographic region must be based on the Minneapolis/St. Paul metropolitan area;
(3) for each geographic region that is rural, the index rate
for that region must not exceed the index rate for the Minneapolis/St. Paul metropolitan area; and
(2) each geographic region must be composed of no fewer than
seven counties that create a contiguous region; and
(4) (3) the health carrier provides
actuarial justification acceptable to the commissioner for the proposed
geographic variations in index rates, establishing that the variations are
based upon differences in the cost to the health carrier of providing coverage.
(d) Health carriers may use rate cells and must file with the
commissioner the rate cells they use.
Rate cells must be based upon the number of adults or children covered
under the policy and may reflect the availability of Medicare coverage. The rates for different rate cells must not
in any way reflect generalized differences in expected costs between principal
insureds and their spouses.
(e) In developing its index rates and premiums for a health
plan, a health carrier shall take into account only the following factors:
(1) actuarially valid differences in rating factors permitted
under paragraphs (a) and (b); and
(2) actuarially valid geographic variations if approved by
the commissioner as provided in paragraph (c).
(f) All premium variations must be justified in initial rate
filings and upon request of the commissioner in rate revision filings. All rate variations are subject to approval
by the commissioner.
(g) The loss ratio must comply with the section 62A.021
requirements for individual health plans.
(h) The rates must not be approved, unless the commissioner
has determined that the rates are reasonable.
In determining reasonableness, the commissioner shall consider the
growth rates applied under section 62J.04, subdivision 1, paragraph (b), to the
calendar year or years that the proposed premium rate would be in effect,
actuarially valid changes in risks associated with the enrollee populations,
and actuarially valid changes as a result of statutory changes in Laws 1992,
chapter 549.
(i) An insurer may, as part of a minimum lifetime loss ratio
guarantee filing under section 62A.02, subdivision 3a, include a rating
practices guarantee as provided in this paragraph. The rating practices guarantee must be in
writing and must guarantee that the policy form will be offered, sold, issued,
and renewed only with premium rates and premium rating practices that comply
with subdivisions 2, 3, 4, and 5. The
rating practices guarantee must be accompanied by an actuarial memorandum that
demonstrates that the premium rates and premium rating system used in
connection with the policy form will satisfy the guarantee. The guarantee must guarantee refunds of any
excess premiums to policyholders charged premiums that exceed those permitted
under subdivision 2, 3, 4, or 5. An
insurer that complies with this paragraph in connection with a policy form is
exempt from the requirement of prior approval by the commissioner under
paragraphs (c), (f), and (h).
EFFECTIVE
DATE. The amendments to
paragraph (c) of this section are effective January 1, 2007, and apply to
policies issued or renewed on or after that date.
Sec.
17. Minnesota Statutes 2004, section
62C.14, subdivision 9, is amended to read:
Subd. 9. Required filing. No service plan corporation shall deliver or
issue for delivery in this state any subscriber contract, endorsement, rider,
amendment or application until a copy of the form thereof has been filed with
the commissioner, subject to disapproval by the commissioner. Any such form issued or in use on August 1,
1971, if filed with the commissioner within 60 days after August 1, 1971, shall
be deemed filed upon receipt by the commissioner. When an insurer, service plan corporation,
or the Minnesota Comprehensive Health Association fails to respond to an
objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission. The commissioner also
may by regulation exempt from filing those subscriber contracts issued to a
group of not less than 300 subscribers, or to other groups upon such reasonable
conditions and restrictions as the commissioner may require.
Sec. 18. Minnesota
Statutes 2004, section 62C.14, subdivision 10, is amended to read:
Subd. 10. Filing or disapproval. Except as otherwise provided in subdivision 9,
all forms received by the commissioner shall be deemed filed 60 days after
received unless disapproved by order transmitted to the corporation stating
that the form used in a specified respect is contrary to law, contains a
provision or provisions which are unfair, inequitable, misleading, inconsistent
or ambiguous, or is in part illegible.
It shall be unlawful to issue or use a document disapproved by the
commissioner. When an insurer,
service plan corporation, or the Minnesota Comprehensive Health Association
fails to respond to an objection or inquiry within 60 days, the filing is
automatically disapproved. A
resubmission is required if action by the Department of Commerce is
subsequently requested. An additional
filing fee is required for the resubmission.
Sec. 19. Minnesota
Statutes 2004, section 62E.13, subdivision 3, is amended to read:
Subd. 3. Duties of writing carrier. The writing carrier shall perform all
administrative and claims payment functions required by this section. The writing carrier shall provide these
services for a period of three five years, unless a request to
terminate is approved by the commissioner.
The commissioner shall approve or deny a request to terminate within 90
days of its receipt. A failure to make a
final decision on a request to terminate within the specified period shall be
deemed to be an approval. Six months
prior to the expiration of each three-year five-year period, the
association shall invite submissions of policy forms from members of the
association, including the writing carrier.
The association shall follow the provisions of subdivision 2 in
selecting a writing carrier for the subsequent three-year five-year
period.
Sec. 20. Minnesota
Statutes 2004, section 62E.14, subdivision 5, is amended to read:
Subd. 5. Terminated employees. An employee who is voluntarily or
involuntarily terminated or laid off from employment and unable to exercise the
option to continue coverage under section 62A.17, and who is a Minnesota
resident and who is otherwise eligible, may enroll in the comprehensive
health insurance plan, by submitting an application that is received by the
writing carrier no later than 90 days after termination or layoff, with a
waiver of the preexisting condition limitation set forth in subdivision 3
and a waiver of the evidence of rejection set forth in subdivision 1, paragraph
(c).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
21. Minnesota Statutes 2005 Supplement,
section 62J.052, is amended to read:
62J.052 PROVIDER COST
DISCLOSURE.
Subdivision 1.
Health care providers. (a) Each health care provider, as defined by
section 62J.03, subdivision 8, except hospitals and outpatient surgical centers
subject to the requirements of section 62J.823, shall provide the following
information:
(1) the average allowable payment from private third-party
payers for the 20 50 services or procedures most commonly
performed;
(2) the average payment rates for those services and
procedures for medical assistance;
(3) the average charge for those services and procedures for
individuals who have no applicable private or public coverage; and
(4) the average charge for those services and procedures,
including all patients.
(b) This information shall be updated annually and be readily
available at no cost to the public on site.
Subd. 2. Pharmacies. (a) Each pharmacy, as defined in section
151.01, subdivision 2, shall provide the following information to a patient
upon request:
(1) the pharmacy's own usual and customary price for a
prescription drug;
(2) a record, including all transactions on record with the
pharmacy both past and present, of all co-payments and other cost-sharing paid
to the pharmacy by the patient for up to two years; and
(3) the total amount of all co-payments and other
cost-sharing paid to the pharmacy by the patient over the previous two years.
(b) The information required under paragraph (a) must be
readily available at no cost to the patient.
EFFECTIVE
DATE. This section is
effective October 1, 2006.
Sec. 22. Minnesota
Statutes 2004, section 62J.60, subdivision 2, is amended to read:
Subd. 2. General characteristics. (a) The Minnesota uniform health care
identification card must be a preprinted card constructed of plastic, paper, or
any other medium that conforms with ANSI and ISO 7810 physical characteristics
standards. The card dimensions must also
conform to ANSI and ISO 7810 physical characteristics standard. The use of a signature panel is
optional. The uniform prescription drug
information contained on the card must conform with the format adopted by the
NCPDP and, except as provided in subdivision 3, paragraph (a), clause (2), must
include all of the fields required to submit a claim in conformance with the
most recent pharmacy identification card implementation guide produced by the
NCPDP. All information required to
submit a prescription drug claim, exclusive of information provided on a
prescription that is required by law, must be included on the card in a clear,
readable, and understandable manner. If
a health benefit plan requires a conditional or situational field, as defined
by the NCPDP, the conditional or situational field must conform to the most
recent pharmacy information card implementation guide produced by the NCPDP.
(b)
The Minnesota uniform health care identification card must have an essential
information window on the front side with the following data elements left
justified in the following top to bottom sequence: card issuer name, electronic transaction
routing information, card issuer identification number, cardholder (insured)
identification number, and cardholder (insured) identification name. No optional data may be interspersed between
these data elements. The window must
be left justified.
(c) Standardized labels are required next to human readable
data elements and must come before the human readable data elements.
Sec. 23. Minnesota
Statutes 2004, section 62J.60, subdivision 3, is amended to read:
Subd. 3. Human readable data elements. (a) The following are the minimum human
readable data elements that must be present on the front side of the Minnesota
uniform health care identification card:
(1) card issuer name or logo, which is the name or logo that
identifies the card issuer. The card
issuer name or logo may be located at the top of the card. No standard label is required for this data
element;
(2) complete electronic transaction routing information
including, at a minimum, the international identification number. The standardized label of this data element
is "RxBIN." Processor control numbers and group numbers are required
if needed to electronically process a prescription drug claim. The standardized label for the process
control numbers data element is "RxPCN" and the standardized label
for the group numbers data element is "RxGrp," except that if the
group number data element is a universal element to be used by all health care
providers, the standardized label may be "Grp." To conserve vertical
space on the card, the international identification number and the processor
control number may be printed on the same line;
(3) card issuer identification number. The standardized label for this element is
"Issuer";
(4) cardholder (insured) identification number, which is
the unique identification number of the individual card holder established and
defined under this section. The
standardized label for the data element is "ID";
(5) (4) cardholder (insured) identification name,
which is the name of the individual card holder. The identification name must be formatted as
follows: first name, space, optional
middle initial, space, last name, optional space and name suffix. The standardized label for this data element
is "Name";
(6) (5) care type, which is the description of the
group purchaser's plan product under which the beneficiary is covered. The description shall include the health plan
company name and the plan or product name.
The standardized label for this data element is "Care Type";
(7) (6) service type, which is the description of
coverage provided such as hospital, dental, vision, prescription, or mental
health. The standard label for this
data element is "Svc Type"; and
(8) (7) provider/clinic name, which is the name of
the primary care clinic the card holder is assigned to by the health plan
company. The standard label for this
field is "PCP." This information is mandatory only if the health plan
company assigns a specific primary care provider to the card holder.
(b) The following human readable data elements shall be
present on the back side of the Minnesota uniform health care identification
card. These elements must be left
justified, and no optional data elements may be interspersed between them:
(1) claims submission names and addresses, which are the
names and addresses of the entity or entities to which claims should be
submitted. If different destinations are
required for different types of claims, this must be labeled;
(2)
telephone numbers and names that pharmacies and other health care providers may
call for assistance. These telephone
numbers and names are required on the back side of the card only if one of the
contacts listed in clause (3) cannot provide pharmacies or other providers with
assistance or with the telephone numbers and names of contacts for assistance;
and
(3) telephone numbers and names; which are the telephone
numbers and names of the following contacts with a standardized label
describing the service function as applicable:
(i) eligibility and benefit information;
(ii) utilization review;
(iii) precertification; or
(iv) customer services.
(c) The following human readable data elements are mandatory
on the back side of the Minnesota uniform health care identification card for
health maintenance organizations:
(1) emergency care authorization telephone number or
instruction on how to receive authorization for emergency care. There is no standard label required for this
information; and
(2) one of the following:
(i) telephone number to call to appeal to or file a complaint
with the commissioner of health; or
(ii) for persons enrolled under section 256B.69, 256D.03, or
256L.12, the telephone number to call to file a complaint with the ombudsperson
designated by the commissioner of human services under section 256B.69 and the
address to appeal to the commissioner of human services. There is no standard label required for this
information.
(d) All human readable data elements not required under
paragraphs (a) to (c) are optional and may be used at the issuer's discretion.
Sec. 24. Minnesota
Statutes 2004, section 62J.81, subdivision 1, is amended to read:
Subdivision 1. Required disclosure of estimated payment. (a) A health care provider, as defined
in section 62J.03, subdivision 8, or the provider's designee as agreed to by
that designee, shall, at the request of a consumer, provide that consumer
with a good faith estimate of the reimbursement the provider expects to receive
from the health plan company in which the consumer is enrolled. Health plan companies must allow contracted
providers, or their designee, to release this information. A good faith estimate must also be made
available at the request of a consumer who is not enrolled in a health plan
company. Payment information provided by
a provider, or by the provider's designee as agreed to by that designee,
to a patient pursuant to this subdivision does not constitute a legally binding
estimate of the cost of services.
(b) A health plan company, as defined in section 62J.03,
subdivision 10, shall, at the request of an enrollee or the enrollee's
designee, provide that enrollee with a good faith estimate of the reimbursement
the health plan company would expect to pay to a specified provider within the
network for a health care service specified by the enrollee. If requested by the enrollee, the health plan
company shall also provide to the enrollee a good faith estimate of the
enrollee's out-of-pocket cost for the health care service. An estimate provided to an enrollee under
this paragraph is not a legally binding estimate of the reimbursement or
out-of-pocket cost.
EFFECTIVE
DATE. Paragraph (a) is
effective the day following final enactment.
Paragraph (b) is effective January 1, 2007.
Sec.
25. [62J.823]
HOSPITAL PRICING TRANSPARENCY.
Subdivision 1.
Short title. This section may be cited as the Hospital
Pricing Transparency Act.
Subd. 2. Definition. For the purposes of this section,
"estimate" means the actual price expected to be billed to the
individual or to the individual's health plan company based on the specific
diagnostic-related group code or specific procedure code or codes, reflecting
any known discounts the individual would receive.
Subd. 3. Applicability and scope. Any hospital, as defined in section
144.696, subdivision 3, and outpatient surgical center, as defined in section
144.696, subdivision 4, shall provide a written estimate of the cost of a
specific service or stay upon the request of a patient, doctor, or the
patient's representative. The request
must include:
(1) the health coverage status of the patient, including the
specific health plan or other health coverage under which the patient is
enrolled, if any; and
(2) at least one of the following:
(i) the specific diagnostic-related group code;
(ii) the name of the procedure or procedures to be performed;
(iii) the type of treatment to be received; or
(iv) any other information that will allow the hospital or
outpatient surgical center to determine the specific diagnostic-related group
or procedure code or codes.
Subd. 4. Estimate. (a) An estimate provided by the hospital
or outpatient surgical center must contain:
(1) the method used to calculate the estimate;
(2) the specific diagnostic-related group or procedure code
or codes used to calculate the estimate, and a description of the
diagnostic-related group or procedure code or codes that is reasonably
understandable to a patient; and
(3) a statement indicating that the estimate, while accurate,
may not reflect the actual billed charges and that the final bill may be higher
or lower depending on the patient's specific circumstances.
(b) The estimate may be provided in any method that meets the
needs of the patient and the hospital or outpatient surgical center, including
electronically; however, a paper copy must be provided if specifically
requested.
EFFECTIVE
DATE. This section is
effective October 1, 2006.
Sec. 26. [62J.83] REDUCED PAYMENT AMOUNTS
PERMITTED.
(a) Notwithstanding any provision of chapter 148 or any other
provision of law to the contrary, a health care provider may provide care to a
patient at a discounted payment amount, including care provided for free.
(b) This section does not apply in a situation in which the
discounted payment amount is not permitted under federal law.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
27. Minnesota Statutes 2004, section
62L.02, subdivision 24, is amended to read:
Subd. 24. Qualifying coverage. "Qualifying coverage" means health
benefits or health coverage provided under:
(1) a health benefit plan, as defined in this section, but
without regard to whether it is issued to a small employer and including
blanket accident and sickness insurance, other than accident-only coverage, as
defined in section 62A.11;
(2) part A or part B of Medicare;
(3) medical assistance under chapter 256B;
(4) general assistance medical care under chapter 256D;
(5) MCHA;
(6) a self-insured health plan;
(7) the MinnesotaCare program established under section
256L.02;
(8) a plan provided under section 43A.316, 43A.317, or
471.617;
(9) the Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS) or other coverage provided under United States Code, title
10, chapter 55;
(10) coverage provided by a health care network cooperative
under chapter 62R;
(11) a medical care program of the Indian Health Service or of
a tribal organization;
(12) the federal Employees Health Benefits Plan, or other
coverage provided under United States Code, title 5, chapter 89;
(13) a health benefit plan under section 5(e) of the Peace
Corps Act, codified as United States Code, title 22, section 2504(e);
(14) a health plan; or
(15) a plan similar to any of the above plans provided in this
state or in another state as determined by the commissioner.;
(16) any plan established or maintained by a state, the United
States government, or a foreign country, or any political subdivision of a
state, the United States government, or a foreign country that provides health
coverage to individuals who are enrolled in the plan; or
(17) the State Children's Health Insurance Program (SCHIP).
Sec. 28. Minnesota
Statutes 2004, section 62L.03, subdivision 3, is amended to read:
Subd. 3. Minimum participation and contribution. (a) A small employer that has at least 75
percent of its eligible employees who have not waived coverage participating in
a health benefit plan and that contributes at least 50 percent toward the cost
of coverage of each eligible employee must be guaranteed coverage on a
guaranteed issue basis from any health carrier participating in the small
employer market. The participation level
of eligible employees
must be determined at the initial offering of coverage and at the renewal date
of coverage. A health carrier must not
increase the participation requirements applicable to a small employer at any
time after the small employer has been accepted for coverage. For the purposes of this subdivision, waiver
of coverage includes only waivers due to: (1) coverage under another group
health plan; (2) coverage under Medicare Parts A and B; (3) coverage under MCHA
permitted under section 62E.141; or (4) coverage under medical assistance under
chapter 256B or general assistance medical care under chapter 256D.
(b) If a small employer does not satisfy the contribution or
participation requirements under this subdivision, a health carrier may
voluntarily issue or renew individual health plans, or a health benefit plan
which must fully comply with this chapter.
A health carrier that provides a health benefit plan to a small employer
that does not meet the contribution or participation requirements of this
subdivision must maintain this information in its files for audit by the
commissioner. A health carrier may not
offer an individual health plan, purchased through an arrangement between the
employer and the health carrier, to any employee unless the health carrier also
offers the individual health plan, on a guaranteed issue basis, to all other employees
of the same employer. An arrangement
permitted under section 62L.12, subdivision 2, paragraph (k), is not an
arrangement between the employer and the health carrier for purposes of this
paragraph.
(c) Nothing in this section obligates a health carrier to
issue coverage to a small employer that currently offers coverage through a
health benefit plan from another health carrier, unless the new coverage will
replace the existing coverage and not serve as one of two or more health
benefit plans offered by the employer.
This paragraph does not apply if the small employer will meet the
required participation level with respect to the new coverage.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Minnesota
Statutes 2004, section 62L.08, subdivision 4, is amended to read:
Subd. 4. Geographic premium variations. A health carrier may request approval by the
commissioner to establish no more than three separate geographic
regions determined by the health carrier and to establish separate index
rates for each such region, provided that the index rates do not vary
between any two regions by more than 20 percent. Health carriers that do not do business in
the Minneapolis/St. Paul metropolitan area
may request approval for no more than two geographic regions, and clauses (2)
and (3) do not apply to approval of requests made by those health
carriers. A health carrier may also
request approval to establish one or more additional geographic regions and one
or more separate index rates for premiums for employees working and residing
outside of Minnesota. The
commissioner may shall grant approval if the following conditions
are met:
(1) the geographic regions must be applied uniformly by the
health carrier;
(2) one geographic region must be based on the
Minneapolis/St. Paul metropolitan area;
(3) if one geographic region is rural, the index rate for the
rural region must not exceed the index rate for the Minneapolis/St. Paul metropolitan area;
(2) each geographic region must be composed of no fewer than
seven counties that create a contiguous region; and
(4) (3) the health carrier provides
actuarial justification acceptable to the commissioner for the proposed
geographic variations in index rates, establishing that the variations are
based upon differences in the cost to the health carrier of providing coverage.
EFFECTIVE
DATE. This section is
effective January 1, 2007, and applies to policies issued or renewed on or
after that date.
Sec.
30. Minnesota Statutes 2005 Supplement,
section 62L.12, subdivision 2, is amended to read:
Subd. 2. Exceptions. (a) A health carrier may sell, issue, or
renew individual conversion policies to eligible employees otherwise eligible
for conversion coverage under section 62D.104 as a result of leaving a health
maintenance organization's service area.
(b) A health carrier may sell, issue, or renew individual
conversion policies to eligible employees otherwise eligible for conversion
coverage as a result of the expiration of any continuation of group coverage
required under sections 62A.146, 62A.17, 62A.21, 62C.142, 62D.101, and 62D.105.
(c) A health carrier may sell, issue, or renew conversion
policies under section 62E.16 to eligible employees.
(d) A health carrier may sell, issue, or renew individual
continuation policies to eligible employees as required.
(e) A health carrier may sell, issue, or renew individual
health plans if the coverage is appropriate due to an unexpired preexisting
condition limitation or exclusion applicable to the person under the employer's
group health plan or due to the person's need for health care services not
covered under the employer's group health plan.
(f) A health carrier may sell, issue, or renew an individual
health plan, if the individual has elected to buy the individual health plan
not as part of a general plan to substitute individual health plans for a group
health plan nor as a result of any violation of subdivision 3 or 4.
(g) Nothing in this subdivision relieves a health carrier of
any obligation to provide continuation or conversion coverage otherwise
required under federal or state law.
(h) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of coverage issued as a supplement to Medicare under
sections 62A.31 to 62A.44, or policies or contracts that supplement Medicare
issued by health maintenance organizations, or those contracts governed by
sections 1833, 1851 to 1859, 1860D, or 1876 of the federal Social Security Act,
United States Code, title 42, section 1395 et seq., as amended.
(i) Nothing in this chapter restricts the offer, sale,
issuance, or renewal of individual health plans necessary to comply with a
court order.
(j) A health carrier may offer, issue, sell, or renew an
individual health plan to persons eligible for an employer group health plan,
if the individual health plan is a high deductible health plan for use in
connection with an existing health savings account, in compliance with the
Internal Revenue Code, section 223. In
that situation, the same or a different health carrier may offer, issue, sell,
or renew a group health plan to cover the other eligible employees in the
group.
(k) A health carrier may offer, sell, issue, or renew an
individual health plan to one or more employees of a small employer if the
individual health plan is marketed directly to all employees of the small
employer and the small employer does not contribute directly or indirectly to
the premiums or facilitate the administration of the individual health plan. The requirement to market an individual
health plan to all employees does not require the health carrier to offer or
issue an individual health plan to any employee. For purposes of this paragraph, an employer
is not contributing to the premiums or facilitating the administration of the
individual health plan if the employer does not contribute to the premium and
merely collects the premiums from an employee's wages or salary through payroll
deductions and submits payment for the premiums of one or more employees in a lump
sum to the health carrier. Except for
coverage under section 62A.65, subdivision 5, paragraph (b), or 62E.16, at the
request of an employee, the health carrier may bill the employer for the
premiums payable by the employee, provided that the employer is not
liable for payment except from payroll deductions for that purpose. If an employer is submitting payments under
this paragraph, the health carrier shall provide a cancellation notice directly
to the primary insured at least ten days prior to termination of coverage for
nonpayment of premium. Individual
coverage under this paragraph may be offered only if the small employer has not
provided coverage under section 62L.03 to the employees within the past 12
months.
The employer must provide a written and signed statement to
the health carrier that the employer is not contributing directly or indirectly
to the employee's premiums. The health
carrier may rely on the employer's statement and is not required to guarantee-issue
individual health plans to the employer's other current or future employees.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Minnesota
Statutes 2004, section 62M.01, subdivision 2, is amended to read:
Subd. 2. Jurisdiction. Sections 62M.01 to 62M.16 apply to any
insurance company licensed under chapter 60A to offer, sell, or issue a policy
of accident and sickness insurance as defined in section 62A.01; a health
service plan licensed under chapter 62C; a health maintenance organization licensed
under chapter 62D; the Minnesota Comprehensive Health Association created
under chapter 62E; a community integrated service network licensed under
chapter 62N; an accountable provider network operating under chapter 62T; a
fraternal benefit society operating under chapter 64B; a joint self-insurance
employee health plan operating under chapter 62H; a multiple employer welfare
arrangement, as defined in section 3 of the Employee Retirement Income Security
Act of 1974 (ERISA), United States Code, title 29, section 1103, as amended; a
third party administrator licensed under section 60A.23, subdivision 8, that
provides utilization review services for the administration of benefits under a
health benefit plan as defined in section 62M.02; or any entity performing
utilization review on behalf of a business entity in this state pursuant to a
health benefit plan covering a Minnesota resident.
Sec. 32. [62M.072] USE OF EVIDENCE-BASED
STANDARDS.
If no independently developed evidence-based standards exist
for a particular treatment, testing, or imaging procedure, then an insurer or
utilization review organization shall not deny coverage of the treatment,
testing, or imaging based solely on the grounds that the treatment, testing, or
imaging does not meet an evidence-based standard. This section does not prohibit an insurer or
utilization review organization from denying coverage for services that are
investigational, experimental, or not medically necessary.
Sec. 33. Minnesota
Statutes 2004, section 62M.09, subdivision 9, is amended to read:
Subd. 9. Annual report. A utilization review organization shall file
an annual report with the annual financial statement it submits to the
commissioner of commerce that includes:
(1) per 1,000 claims utilization reviews, the
number and rate of claims denied determinations not to certify based
on medical necessity for each procedure or service; and
(2) the number and rate of denials overturned on appeal.
A utilization review organization that is not a licensed health
carrier must submit the annual report required by this subdivision on April 1
of each year.
Sec.
34. [62Q.645]
DISTRIBUTION OF INFORMATION; ADMINISTRATIVE EFFICIENCY AND COVERAGE OPTIONS.
(a) The commissioner may use reports submitted by health plan
companies, service cooperatives, and the public employee insurance program
created in section 43A.316 to compile entity specific administrative efficiency
reports; may make these reports available on state agency Web sites, including
minnesotahealthinfo.com; and may include information on:
(1) number of covered lives;
(2) covered services;
(3) geographic availability;
(4) whom to contact to obtain current premium rates;
(5) administrative costs, using the definition of
administrative costs developed under section 62J.38;
(6) Internet links to information on the health plan, if
available; and
(7) any other information about the health plan identified by
the commissioner as being useful for employers, consumers, providers, and
others in evaluating health plan options.
(b) This section does not apply to a health plan company
unless its annual Minnesota premiums exceed $50,000,000 based on the most
recent assessment base of the Minnesota Comprehensive Health Association. For purposes of this determination, the
premiums of a health plan company include those of its affiliates.
Sec. 35. [62Q.80] COMMUNITY-BASED HEALTH CARE
COVERAGE PROGRAM.
Subdivision 1.
Scope. (a) A community-based health care
initiative may develop and operate a community-based health care coverage
program that offers to eligible individuals and their dependents the option of
purchasing through their employer health care coverage on a fixed prepaid basis
without meeting the requirements of chapter 60A, 62A, 62C, 62D, 62Q, or 62T, or
any other law or rule that applies to entities licensed under these chapters.
(b) The initiative shall establish health outcomes to be
achieved through the program and performance measurements in order to determine
whether these outcomes have been met.
The outcomes must include, but are not limited to:
(1) a reduction in uncompensated care provided by providers
participating in the community-based health network;
(2) an increase in the delivery of preventive health care
services; and
(3) health improvement for enrollees with chronic health
conditions through the management of these conditions.
In
establishing performance measurements, the initiative shall use measures that
are consistent with measures published by nonprofit Minnesota or national
organizations that produce and disseminate health care quality measures.
(c)
Any program established under this section shall not constitute a financial
liability for the state, in that any financial risk involved in the operation
or termination of the program shall be borne by the community-based initiative
and the participating health care providers.
Subd. 2. Definitions. For purposes of this section, the
following definitions apply:
(a) "Community-based" means located in or primarily
relating to the community of geographically contiguous political subdivisions,
as determined by the board of a community-based health initiative that is
served by the community-based health care coverage program.
(b) "Community-based health care coverage program"
or "program" means a program administered by a community-based health
initiative that provides health care services through provider members of a
community-based health network or combination of networks to eligible
individuals and their dependents who are enrolled in the program.
(c) "Community-based health initiative" means a
nonprofit corporation that is governed by a board that has at least 80 percent
of its members residing in the community and includes representatives of the
participating network providers and employers.
(d) "Community-based health network" means a
contract-based network of health care providers organized by the
community-based health initiative to provide or support the delivery of health
care services to enrollees of the community-based health care coverage program
on a risk-sharing or nonrisk-sharing basis.
(e) "Dependent" means an eligible employee's spouse
or unmarried child who is under the age of 19 years.
Subd. 3. Approval. (a) Prior to the operation of a community-based
health care coverage program, a community-based health initiative shall submit
to the commissioner of health for approval the community-based health care
coverage program developed by the initiative.
The commissioner shall only approve a program that has been awarded a
community access program grant from the United States Department of Health and
Human Services. The commissioner shall
ensure that the program meets the federal grant requirements and any requirements
described in this section and is actuarially sound based on a review of
appropriate records and methods utilized by the community-based health
initiative in establishing premium rates for the community-based health care
coverage program.
(b) Prior to approval, the commissioner shall also ensure
that:
(1) the benefits offered comply with subdivision 8 and that
there are adequate numbers of health care providers participating in the
community-based health network to deliver the benefits offered under the
program;
(2) the activities of the program are limited to activities
that are exempt under this section or otherwise from regulation by the
commissioner of commerce;
(3) the complaint resolution process meets the requirements
of subdivision 10; and
(4) the data privacy policies and procedures comply with
state and federal law.
Subd. 4. Establishment. (a) The initiative shall establish and
operate upon approval by the commissioner of health a community-based health
care coverage program. The operational
structure established by the initiative shall include, but is not limited to:
(1) establishing a process for enrolling eligible individuals
and their dependents;
(2)
collecting and coordinating premiums from enrollees and employers of enrollees;
(3) providing payment to participating providers;
(4) establishing a benefit set according to subdivision 8 and
establishing premium rates and cost-sharing requirements;
(5) creating incentives to encourage primary care and
wellness services; and
(6) initiating disease management services, as appropriate.
(b) The payments collected under paragraph (a), clause (2),
may be used to capture available federal funds.
Subd. 5. Qualifying employees. To be eligible for the community-based
health care coverage program, an individual must:
(1) reside in or work within the designated community-based
geographic area served by the program;
(2) be employed by a qualifying employer or be an employee's
dependent;
(3) not be enrolled in or have currently available health
coverage; and
(4) not be enrolled in medical assistance, general assistance
medical care, MinnesotaCare, or Medicare.
Subd. 6. Qualifying employers. (a) To qualify for participation in
the community-based health care coverage program, an employer must:
(1) employ at least one but no more than 50 employees at the
time of initial enrollment in the program;
(2) pay its employees a median wage of $12.50 per hour or
less; and
(3) not have offered employer-subsidized health coverage to
its employees for at least 12 months prior to the initial enrollment in the
program. For purposes of this section,
"employer-subsidized health coverage" means health care coverage for
which the employer pays at least 50 percent of the cost of coverage for the
employee.
(b) To participate in the program, a qualifying employer
agrees to:
(1) offer health care coverage through the program to all
eligible employees and their dependents regardless of health status;
(2) participate in the program for an initial term of at
least one year;
(3) pay a percentage of the premium established by the
initiative for the employee; and
(4) provide the initiative with any employee information
deemed necessary by the initiative to determine eligibility and premium
payments.
Subd. 7. Participating providers. Any health care provider participating in
the community-based health network must accept as payment in full the payment
rate established by the initiative and may not charge to or collect from an
enrollee any amount in access of this amount for any service covered under the
program.
Subd.
8.
(1) child health supervision services up to age 18, as
defined under section 62A.047; and
(2) preventive services, including:
(i) health education and wellness services;
(ii) health supervision, evaluation, and follow-up;
(iii) immunizations; and
(iv) early disease detection.
(b) Coverage of health care services offered by the program
may be limited to participating health care providers or health networks. All services covered under the program must
be services that are offered within the scope of practice of the participating
health care providers.
(c) The initiative may establish cost-sharing
requirements. Any co-payment or
deductible provisions established may not discriminate on the basis of age,
sex, race, disability, economic status, or length of enrollment in the program.
(d) If the initiative amends or alters the benefits offered
through the program from the initial offering, the initiative must notify the
commissioner of health and all enrollees of the benefit change.
Subd. 9. Enrollee information. (a) The initiative must provide an
individual or family who enrolls in the program a clear and concise written
statement that includes the following information:
(1) health care services that are provided under the program;
(2) any exclusions or limitations on the health care services
offered, including any cost-sharing arrangements or prior authorization
requirements;
(3) a list of where the health care services can be obtained
and that all health care services must be provided by or through a participating
health care provider or community-based health network;
(4) a description of the program's complaint resolution
process, including how to submit a complaint; how to file a complaint with the
commissioner of health; and how to obtain an external review of any adverse
decisions as provided under subdivision 10;
(5) the conditions under which the program or coverage under
the program may be canceled or terminated; and
(6) a precise statement specifying that this program is not
an insurance product and, as such, is exempt from state regulation of insurance
products.
(b) The commissioner of health must approve a copy of the
written statement prior to the operation of the program.
Subd.
10.
(b) The initiative must report any complaint that is not
resolved within 60 days to the commissioner of health.
(c) The initiative must include in the complaint resolution
process the ability of an enrollee to pursue the external review process
provided under section 62Q.73 with any decision rendered under this external
review process binding on the initiative.
Subd. 11. Data privacy. The initiative shall establish data
privacy policies and procedures for the program that comply with state and
federal data privacy laws.
Subd. 12. Limitations on enrollment. (a) The initiative may limit enrollment in
the program. If enrollment is limited, a
waiting list must be established.
(b) The initiative shall not restrict or deny enrollment in
the program except for nonpayment of premiums, fraud or misrepresentation, or
as otherwise permitted under this section.
(c) The initiative may require a certain percentage of
participation from eligible employees of a qualifying employer before coverage
can be offered through the program.
Subd. 13. Report. (a) The initiative shall submit
quarterly status reports to the commissioner of health on January 15, April 15,
July 15, and October 15 of each year, with the first report due January 15,
2007. The status report shall include:
(1) the financial status of the program, including the
premium rates, cost per member per month, claims paid out, premiums received,
and administrative expenses;
(2) a description of the health care benefits offered and the
services utilized;
(3) the number of employers participating, the number of
employees and dependents covered under the program, and the number of health
care providers participating;
(4) a description of the health outcomes to be achieved by
the program and a status report on the performance measurements to be used and
collected; and
(5) any other information requested by the commissioner of
health or commerce or the legislature.
(b) The initiative shall contract with an independent entity
to conduct an evaluation of the program to be submitted to the commissioners of
health and commerce and the legislature by January 15, 2009. The evaluation shall include:
(1) an analysis of the health outcomes established by the
initiative and the performance measurements to determine whether the outcomes
are being achieved;
(2) an analysis of the financial status of the program,
including the claims to premiums loss ratio and utilization and cost
experience;
(3) the demographics of the enrollees, including their age,
gender, family income, and the number of dependents;
(4)
the number of employers and employees who have been denied access to the
program and the basis for the denial;
(5) specific analysis on enrollees who have aggregate medical
claims totaling over $5,000 per year, including data on the enrollee's main
diagnosis and whether all the medical claims were covered by the program;
(6) number of enrollees referred to state public assistance
programs;
(7) a comparison of employer-subsidized health coverage
provided in a comparable geographic area to the designated community-based
geographic area served by the program, including, to the extent available:
(i) the difference in the number of employers with 50 or
fewer employees offering employer-subsidized health coverage;
(ii) the difference in uncompensated care being provided in
each area; and
(iii) a comparison of health care outcomes and measurements
established by the initiative; and
(8) any other information requested by the commissioner of
health or commerce.
Subd. 14. Sunset. This section expires December 31, 2011.
Sec. 36. Minnesota
Statutes 2004, section 62S.05, is amended by adding a subdivision to read:
Subd. 4. Extension of limitation periods. The commissioner may extend the limitation
periods set forth in subdivisions 1 and 2 as to specific age group categories
in specific policy forms upon finding that the extension is in the best
interest of the public.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 37. Minnesota
Statutes 2004, section 62S.08, subdivision 3, is amended to read:
Subd. 3. Mandatory format. The following standard format outline of
coverage must be used, unless otherwise specifically indicated:
COMPANY NAME
ADDRESS - CITY AND STATE
TELEPHONE NUMBER
LONG-TERM CARE INSURANCE
OUTLINE OF COVERAGE
Policy
Number or Group Master Policy and Certificate Number
(Except for policies or certificates which are guaranteed
issue, the following caution statement, or language substantially similar, must
appear as follows in the outline of coverage.)
CAUTION: The issuance
of this long-term care insurance (policy) (certificate) is based upon your
responses to the questions on your application.
A copy of your (application) (enrollment form) (is enclosed) (was
retained by you when you applied). If
your answers are incorrect or untrue, the company has the right to deny
benefits or rescind your policy. The
best time to clear up any questions is now, before a claim arises. If, for any reason, any of your answers are
incorrect, contact the company at this address: (insert address).
(1)
This policy is (an individual policy of insurance) (a group policy) which was
issued in the (indicate jurisdiction in which group policy was issued).
(2) PURPOSE OF OUTLINE OF COVERAGE. This outline of coverage provides a very
brief description of the important features of the policy. You should compare this outline of coverage
to outlines of coverage for other policies available to you. This is not an insurance contract, but only a
summary of coverage. Only the individual
or group policy contains governing contractual provisions. This means that the policy or group policy
sets forth in detail the rights and obligations of both you and the insurance
company. Therefore, if you purchase this
coverage, or any other coverage, it is important that you READ YOUR POLICY (OR
CERTIFICATE) CAREFULLY.
(3) THIS PLAN IS INTENDED TO BE A QUALIFIED LONG-TERM CARE
INSURANCE CONTRACT AS DEFINED UNDER SECTION 7702(B)(b) OF THE INTERNAL REVENUE
CODE OF 1986.
(4) TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
CONTINUED IN FORCE OR DISCONTINUED.
(a) (For long-term care health insurance policies or
certificates describe one of the following permissible policy renewability
provisions:)
(1) (Policies and certificates that are guaranteed renewable
shall contain the following statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS GUARANTEED
RENEWABLE. This means you have the
right, subject to the terms of your policy, (certificate) to continue this
policy as long as you pay your premiums on time. (Company name) cannot change
any of the terms of your policy on its own, except that, in the future, IT MAY
INCREASE THE PREMIUM YOU PAY.
(2) (Policies and certificates that are noncancelable shall
contain the following statement:) RENEWABILITY: THIS POLICY (CERTIFICATE) IS
NONCANCELABLE. This means that you have
the right, subject to the terms of your policy, to continue this policy as long
as you pay your premiums on time. (Company name) cannot change any of the terms
of your policy on its own and cannot change the premium you currently pay. However, if your policy contains an inflation
protection feature where you choose to increase your benefits, (company name)
may increase your premium at that time for those additional benefits.
(b) (For group coverage, specifically describe
continuation/conversion provisions applicable to the certificate and group
policy.)
(c) (Describe waiver of premium provisions or state that
there are not such provisions.)
(5) TERMS UNDER WHICH THE COMPANY MAY CHANGE PREMIUMS.
(In bold type larger than the maximum type required to be
used for the other provisions of the outline of coverage, state whether or not
the company has a right to change the premium and, if a right exists, describe
clearly and concisely each circumstance under which the premium may change.)
(6) TERMS UNDER WHICH THE POLICY OR CERTIFICATE MAY BE
RETURNED AND PREMIUM REFUNDED.
(a) (Provide a brief description of the right to return --
"free look" provision of the policy.)
(b) (Include a statement that the policy either does or does
not contain provisions providing for a refund or partial refund of premium upon
the death of an insured or surrender of the policy or certificate. If the policy contains such provisions,
include a description of them.)
(5) (7) THIS
IS NOT MEDICARE SUPPLEMENT COVERAGE. If
you are eligible for Medicare, review the Medicare Supplement Buyer's Guide
available from the insurance company.
(a) (For agents) neither (insert company name) nor its agents
represent Medicare, the federal government, or any state government.
(b) (For direct response) (insert company name) is not
representing Medicare, the federal government, or any state government.
(6) (8) LONG-TERM CARE COVERAGE. Policies of this category are designed to
provide coverage for one or more necessary or medically necessary diagnostic,
preventive, therapeutic, rehabilitative, maintenance, or personal care
services, provided in a setting other than an acute care unit of a hospital,
such as in a nursing home, in the community, or in the home.
This policy provides coverage in the form of a fixed dollar
indemnity benefit for covered long-term care expenses, subject to policy
(limitations), (waiting periods), and (coinsurance) requirements. (Modify this
paragraph if the policy is not an indemnity policy.)
(7) (9) BENEFITS PROVIDED BY THIS POLICY.
(a) (Covered services, related deductible(s), waiting
periods, elimination periods, and benefit maximums.)
(b) (Institutional benefits, by skill level.)
(c) (Noninstitutional benefits, by skill level.)
(d) (Eligibility for payment of benefits.)
(Activities of daily living and cognitive impairment shall be
used to measure an insured's need for long-term care and must be defined and
described as part of the outline of coverage.)
(Any benefit screens must be explained in this section. If these screens differ for different
benefits, explanation of the screen should accompany each benefit
description. If an attending physician
or other specified person must certify a certain level of functional dependency
in order to be eligible for benefits, this too must be specified. If activities of daily living (ADLs) are used
to measure an insured's need for long-term care, then these qualifying criteria
or screens must be explained.)
(8) (10) LIMITATIONS AND EXCLUSIONS:
Describe:
(a) preexisting conditions;
(b) noneligible facilities/provider;
(c) noneligible levels of care (e.g., unlicensed providers,
care or treatment provided by a family member, etc.);
(d) exclusions/exceptions; and
(e) limitations.
(This
section should provide a brief specific description of any policy provisions
which limit, exclude, restrict, reduce, delay, or in any other manner operate
to qualify payment of the benefits described in paragraph (6) (8).)
THIS POLICY MAY NOT COVER ALL THE EXPENSES ASSOCIATED WITH
YOUR LONG-TERM CARE NEEDS.
(9) (11) RELATIONSHIP OF COST OF CARE AND
BENEFITS. Because the costs of long-term
care services will likely increase over time, you should consider whether and
how the benefits of this plan may be adjusted.
As applicable, indicate the following:
(a) that the benefit level will not increase over time;
(b) any automatic benefit adjustment provisions;
(c) whether the insured will be guaranteed the option to buy
additional benefits and the basis upon which benefits will be increased over
time if not by a specified amount or percentage;
(d) if there is such a guarantee, include whether additional
underwriting or health screening will be required, the frequency and amounts of
the upgrade options, and any significant restrictions or limitations; and
(e) whether there will be any additional premium charge
imposed and how that is to be calculated.
(10) (12) ALZHEIMER'S DISEASE AND OTHER ORGANIC
BRAIN DISORDERS. (State that the policy provides coverage for insureds
clinically diagnosed as having Alzheimer's disease or related degenerative and
dementing illnesses. Specifically,
describe each benefit screen or other policy provision which provides
preconditions to the availability of policy benefits for such an insured.)
(11) (13) PREMIUM.
(a) State the total annual premium for the policy.
(b) If the premium varies with an applicant's choice among
benefit options, indicate the portion of annual premium which corresponds to
each benefit option.
(12) (14) ADDITIONAL FEATURES.
(a) Indicate if medical underwriting is used.
(b) Describe other important features.
(15) CONTACT THE STATE DEPARTMENT OF COMMERCE OR SENIOR
LINKAGE LINE IF YOU HAVE GENERAL QUESTIONS REGARDING LONG-TERM CARE
INSURANCE. CONTACT THE INSURANCE COMPANY
IF YOU HAVE SPECIFIC QUESTIONS REGARDING YOUR LONG-TERM CARE INSURANCE POLICY
OR CERTIFICATE.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
38. Minnesota Statutes 2004, section
62S.081, subdivision 4, is amended to read:
Subd. 4. Forms.
An insurer shall use the forms in Appendices B (Personal Worksheet) and
F (Potential Rate Increase Disclosure Form) of the Long-term Care
Insurance Model Regulation adopted by the National Association of Insurance
Commissioners to comply with the requirements of subdivisions 1 and 2.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 39. Minnesota
Statutes 2004, section 62S.10, subdivision 2, is amended to read:
Subd. 2. Contents. The summary must include the following
information:
(1) an explanation of how the long-term care benefit
interacts with other components of the policy, including deductions from death
benefits;
(2) an illustration of the amount of benefits, the length of
benefits, and the guaranteed lifetime benefits, if any, for each covered
person; and
(3) any exclusions, reductions, and limitations on benefits
of long-term care; and
(4) a statement that any long-term care inflation protection
option required by section 62S.23 is not available under this policy.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 40. Minnesota
Statutes 2004, section 62S.13, is amended by adding a subdivision to read:
Subd. 6. Death of insured. In the event of the death of the insured,
this section shall not apply to the remaining death benefit of a life insurance
policy that accelerates benefits for long-term care. In this situation, the remaining death
benefits under these policies shall be governed by section 61A.03, subdivision
1, paragraph (c). In all other
situations, this section shall apply to life insurance policies that accelerate
benefits for long-term care.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 41. Minnesota
Statutes 2004, section 62S.14, subdivision 2, is amended to read:
Subd. 2. Terms.
The terms "guaranteed renewable" and "noncancelable"
may not be used in an individual long-term care insurance policy without
further explanatory language that complies with the disclosure requirements of
section 62S.20. The term "level
premium" may only be used when the insurer does not have the right to
change the premium.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 42. Minnesota
Statutes 2004, section 62S.15, is amended to read:
62S.15 AUTHORIZED
LIMITATIONS AND EXCLUSIONS.
No policy may be delivered or issued for delivery in this
state as long-term care insurance if the policy limits or excludes coverage by
type of illness, treatment, medical condition, or accident, except as follows:
(1) preexisting conditions or diseases;
(2)
mental or nervous disorders; except that the exclusion or limitation of
benefits on the basis of Alzheimer's disease is prohibited;
(3) alcoholism and drug addiction;
(4) illness, treatment, or medical condition arising out of
war or act of war; participation in a felony, riot, or insurrection; service in
the armed forces or auxiliary units; suicide, attempted suicide, or
intentionally self-inflicted injury; or non-fare-paying aviation; and
(5) treatment provided in a government facility unless
otherwise required by law, services for which benefits are available under
Medicare or other government program except Medicaid, state or federal workers'
compensation, employer's liability or occupational disease law, motor vehicle
no-fault law; services provided by a member of the covered person's immediate
family; and services for which no charge is normally made in the absence of
insurance; and
(6) expenses for services or items available or paid under
another long-term care insurance or health insurance policy.
This
subdivision does not prohibit exclusions and limitations by type of provider or
territorial limitations.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 43. Minnesota
Statutes 2004, section 62S.20, subdivision 1, is amended to read:
Subdivision 1. Renewability. (a) Individual long-term care
insurance policies must contain a renewability provision that is appropriately
captioned, appears on the first page of the policy, and clearly states the
duration, where limited, of renewability and the duration of the term of
coverage for which the policy is issued and for which it may be renewed
that the coverage is guaranteed renewable or noncancelable. This subdivision does not apply to policies
which are part of or combined with life insurance policies which do not contain
a renewability provision and under which the right to nonrenew is reserved
solely to the policyholder.
(b) A long-term care insurance policy or certificate, other
than one where the insurer does not have the right to change the premium, shall
include a statement that premium rates may change.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 44. Minnesota
Statutes 2004, section 62S.24, subdivision 1, is amended to read:
Subdivision 1. Required questions. An application form must include the
following questions designed to elicit information as to whether, as of the
date of the application, the applicant has another long-term care insurance
policy or certificate in force or whether a long-term care policy or
certificate is intended to replace any other accident and sickness or long-term
care policy or certificate presently in force.
A supplementary application or other form to be signed by the applicant
and agent, except where the coverage is sold without an agent, containing the
following questions may be used. If a
replacement policy is issued to a group as defined under section 62S.01,
subdivision 15, clause (1), the following questions may be modified only to the
extent necessary to elicit information about long-term care insurance policies
other than the group policy being replaced; provided, however, that the
certificate holder has been notified of the replacement:
(1) do you have another long-term care insurance policy or
certificate in force (including health care service contract or health
maintenance organization contract)?;
(2)
did you have another long-term care insurance policy or certificate in force
during the last 12 months?;
(i) if so, with which company?; and
(ii) if that policy lapsed, when did it lapse?; and
(3) are you covered by Medicaid?; and
(4) do you intend to replace any of your medical or health
insurance coverage with this policy (certificate)?
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 45. Minnesota
Statutes 2004, section 62S.24, is amended by adding a subdivision to read:
Subd. 1a. Other health insurance policies sold by
agent. Agents shall list all
other health insurance policies they have sold to the applicant that are still
in force or were sold in the past five years and are no longer in force.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 46. Minnesota
Statutes 2004, section 62S.24, subdivision 3, is amended to read:
Subd. 3. Solicitations other than direct response. After determining that a sale will involve
replacement, an insurer, other than an insurer using direct response
solicitation methods or its agent, shall furnish the applicant, before issuance
or delivery of the individual long-term care insurance policy, a notice
regarding replacement of accident and sickness or long-term care coverage. One copy of the notice must be retained by
the applicant and an additional copy signed by the applicant must be retained
by the insurer. The required notice must
be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
INDIVIDUAL ACCIDENT AND SICKNESS OR LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT
MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have furnished),
you intend to lapse or otherwise terminate existing accident and sickness or
long-term care insurance and replace it with an individual long-term care
insurance policy to be issued by (company name) insurance company. Your new policy provides 30 days within which
you may decide, without cost, whether you desire to keep the policy. For your own information and protection, you
should be aware of and seriously consider certain factors which may affect the
insurance protection available to you under the new policy.
You should review this new coverage carefully, comparing it
with all accident and sickness or long-term care insurance coverage you
now have, and terminate your present policy only if, after due consideration,
you find that purchase of this long-term care coverage is a wise decision.
STATEMENT TO APPLICANT BY AGENT
(BROKER OR OTHER REPRESENTATIVE):
(Use additional sheets, as necessary.)
I
have reviewed your current medical health insurance coverage. I believe the replacement of insurance
involved in this transaction materially improves your position. My conclusion has taken into account the
following considerations, which I call to your attention:
(a) Health conditions which you presently have (preexisting
conditions) may not be immediately or fully covered under the new policy. This could result in denial or delay in
payment of benefits under the new policy, whereas a similar claim might have
been payable under your present policy.
(b) State law provides that your replacement policy or
certificate may not contain new preexisting conditions or probationary
periods. The insurer will waive any time
periods applicable to preexisting conditions or probationary periods in the new
policy (or coverage) for similar benefits to the extent such time was spent
(depleted) under the original policy.
(c) If you are replacing existing accident and sickness or
long-term care insurance coverage, you may wish to secure the advice of your
present insurer or its agent regarding the proposed replacement of your present
policy. This is not only your right, but
it is also in your best interest to make sure you understand all the relevant
factors involved in replacing your present coverage.
(d) If, after due consideration, you still wish to terminate
your present policy and replace it with new coverage, be certain to truthfully
and completely answer all questions on the application concerning your medical
health history. Failure to include all
material medical information on an application may provide a basis for the
company to deny any future claims and to refund your premium as though your
policy had never been in force. After
the application has been completed and before you sign it, reread it carefully
to be certain that all information has been properly recorded.
.....................................................................................................................................................................................
(Signature of Agent, Broker, or Other Representative)
(Typed Name and Address of Agency or Broker)
The above "Notice to Applicant" was delivered to me
on:
.............................................
(Date)
.............................................
(Applicant's
Signature)
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 47.
Minnesota Statutes 2004, section 62S.24, subdivision 4, is amended to
read:
Subd. 4. Direct response solicitations. Insurers using direct response solicitation
methods shall deliver a notice regarding replacement of long-term care coverage
to the applicant upon issuance of the policy.
The required notice must be provided in the following manner:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
ACCIDENT
AND SICKNESS OR LONG-TERM CARE INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE!
IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
According
to (your application) (information you have furnished), you intend to lapse or
otherwise terminate existing accident and sickness or long-term care
insurance and replace it with the long-term care insurance policy delivered
herewith issued by (company name) insurance company.
Your new policy provides 30 days within which you may
decide, without cost, whether you desire to keep the policy. For your own information and protection, you
should be aware of and seriously consider certain factors which may affect the
insurance protection available to you under the new policy.
You should review this new coverage carefully,
comparing it with all long-term care insurance coverage you now have, and
terminate your present policy only if, after due consideration, you find that
purchase of this long-term care coverage is a wise decision.
(a) Health conditions which you presently have
(preexisting conditions) may not be immediately or fully covered under the new
policy. This could result in denial or
delay in payment of benefits under the new policy, whereas a similar claim
might have been payable under your present policy.
(b) State law provides that your replacement policy or
certificate may not contain new preexisting conditions or probationary
periods. Your insurer will waive any
time periods applicable to preexisting conditions or probationary periods in
the new policy (or coverage) for similar benefits to the extent such time was
spent (depleted) under the original policy.
(c) If you are replacing existing accident and
sickness or long-term care insurance coverage, you may wish to secure the
advice of your present insurer or its agent regarding the proposed replacement
of your present policy. This is not only
your right, but it is also in your best interest to make sure you understand
all the relevant factors involved in replacing your present coverage.
(d) (To be included only if the application is
attached to the policy.)
If, after due consideration, you still wish to
terminate your present policy and replace it with new coverage, read the copy
of the application attached to your new policy and be sure that all questions
are answered fully and correctly.
Omissions or misstatements in the application could cause an otherwise
valid claim to be denied. Carefully
check the application and write to (company name and address) within 30 days if
any information is not correct and complete, or if any past medical history has
been left out of the application.
.............................................
(Company
Name)
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 48.
Minnesota Statutes 2004, section 62S.24, is amended by adding a
subdivision to read:
Subd. 7.
Life insurance policies. Life insurance policies that accelerate
benefits for long-term care shall comply with this section if the policy being
replaced is a long-term care insurance policy.
If the policy being replaced is a life insurance policy, the insurer
shall comply with the replacement requirements of sections 61A.53 to
61A.60. If a life insurance policy that
accelerates benefits for long-term care is replaced by another such policy, the
replacing insurer shall comply with both the long-term care and the life
insurance replacement requirements.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
49. Minnesota Statutes 2004, section
62S.24, is amended by adding a subdivision to read:
Subd. 8.
Exchange for long-term care
partnership policy; addition of policy rider. (a) If authorized by federal law or a
federal waiver is granted with respect to the long-term care partnership
program referenced in section 256B.0571, issuers of long-term care policies may
voluntarily exchange a current long-term care insurance policy for a long-term
care partnership policy that meets the requirements of Public Law 109-171,
section 6021, after the effective date of the state plan amendment implementing
the partnership program in this state.
(b) If authorized by federal law or a federal waiver
is granted with respect to the long-term care partnership program referenced in
section 256B.0571 allowing an existing long-term care insurance policy to
qualify as a partnership policy by addition of a policy rider, the issuer of
the policy is authorized to add the rider to the policy after the effective
date of the state plan amendment implementing the partnership program in this
state.
(c) The commissioner, in cooperation with the
commissioner of human services, shall pursue any federal law changes or waivers
necessary to allow the implementation of paragraphs (a) and (b).
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 50.
Minnesota Statutes 2004, section 62S.25, subdivision 6, is amended to
read:
Subd. 6. Claims denied. Each insurer shall report annually by June 30
the number of claims denied for any reason during the reporting period
for each class of business, expressed as a percentage of claims denied, other
than claims denied for failure to meet the waiting period or because of any
applicable preexisting condition. For
purposes of this subdivision, "claim" means a request for payment of
benefits under an in-force policy regardless of whether the benefit claimed is
covered under the policy or any terms or conditions of the policy have been
met.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 51.
Minnesota Statutes 2004, section 62S.25, is amended by adding a
subdivision to read:
Subd. 7.
Reports. Reports under this section shall be
done on a statewide basis and filed with the commissioner. They shall include, at a minimum, the
information in the format contained in Appendix E (Claim Denial Reporting Form)
and in Appendix G (Replacement and Lapse Reporting Form) of the Long-Term Care
Model Regulation adopted by the National Association of Insurance
Commissioners.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 52.
Minnesota Statutes 2004, section 62S.26, is amended to read:
62S.26 LOSS
RATIO.
Subdivision 1.
Minimum loss ratio. (a) The minimum loss ratio must be at
least 60 percent, calculated in a manner which provides for adequate reserving
of the long-term care insurance risk. In
evaluating the expected loss ratio, the commissioner shall give consideration
to all relevant factors, including:
(1) statistical credibility of incurred claims
experience and earned premiums;
(2) the period for which rates are computed to provide
coverage;
(3) experienced and projected trends;
(4)
concentration of experience within early policy duration;
(5) expected claim fluctuation;
(6) experience refunds, adjustments, or dividends;
(7) renewability features;
(8) all appropriate expense factors;
(9) interest;
(10) experimental nature of the coverage;
(11) policy reserves;
(12) mix of business by risk classification; and
(13) product features such as long elimination
periods, high deductibles, and high maximum limits.
Subd. 2.
Life insurance policies. Subdivision 1 shall not apply to life
insurance policies that accelerate benefits for long-term care. A life insurance policy that funds long-term
care benefits entirely by accelerating the death benefit is considered to
provide reasonable benefits in relation to premiums paid, if the policy
complies with all of the following provisions:
(1) the interest credited internally to determine cash
value accumulations, including long-term care, if any, are guaranteed not to be
less than the minimum guaranteed interest rate for cash value accumulations
without long-term care set forth in the policy;
(2) the portion of the policy that provides life
insurance benefits meets the nonforfeiture requirements of section 61A.24;
(3) the policy meets the disclosure requirements of
sections 62S.09, 62S.10, and 62S.11; and
(4) an actuarial memorandum is filed with the
commissioner that includes:
(i) a description of the basis on which the long-term
care rates were determined;
(ii) a description of the basis for the reserves;
(iii) a summary of the type of policy, benefits,
renewability, general marketing method, and limits on ages of issuance;
(iv) a description and a table of each actuarial
assumption used. For expenses, an
insurer must include percentage of premium dollars per policy and dollars per
unit of benefits, if any;
(v) a description and a table of the anticipated
policy reserves and additional reserves to be held in each future year for
active lives;
(vi) the estimated average annual premium per policy
and the average issue age;
(vii)
a statement as to whether underwriting is performed at the time of
application. The statement shall
indicate whether underwriting is used and, if used, the statement shall include
a description of the type or types of underwriting used, such as medical
underwriting or functional assessment underwriting. Concerning a group policy, the statement
shall indicate whether the enrollee or any dependent will be underwritten and
when underwriting occurs; and
(viii) a description of the effect of the long-term
care policy provision on the required premiums, nonforfeiture values, and
reserves on the underlying life insurance policy, both for active lives and
those in long-term care claim status.
Subd. 3.
Nonapplication. (b) This section does not apply to
policies or certificates that are subject to sections 62S.021, 62S.081, and
62S.265, and that comply with those sections.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 53.
Minnesota Statutes 2004, section 62S.266, subdivision 2, is amended to
read:
Subd. 2. Requirement. (a) An insurer must offer each
prospective policyholder a nonforfeiture benefit in compliance with the
following requirements:
(1) a policy or certificate offered with nonforfeiture
benefits must have coverage elements, eligibility, benefit triggers, and benefit
length that are the same as coverage to be issued without nonforfeiture
benefits. The nonforfeiture benefit
included in the offer must be the benefit described in subdivision 5; and
(2) the offer must be in writing if the nonforfeiture
benefit is not otherwise described in the outline of coverage or other
materials given to the prospective policyholder.
(b) When a group long-term care insurance policy is
issued, the offer required in paragraph (a) shall be made to the group policy
holder. However, if the policy is issued
as group long-term care insurance as defined in section 62S.01, subdivision 15,
clause (4), other than to a continuing care retirement community or other
similar entity, the offering shall be made to each proposed certificate holder.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 54.
Minnesota Statutes 2004, section 62S.29, subdivision 1, is amended to
read:
Subdivision 1. Requirements. An insurer or other entity marketing
long-term care insurance coverage in this state, directly or through its
producers, shall:
(1) establish marketing procedures and agent
training requirements to assure that a any marketing activities,
including any comparison of policies by its agents or other producers,
are fair and accurate;
(2) establish marketing procedures to assure excessive
insurance is not sold or issued;
(3) display prominently by type, stamp, or other
appropriate means, on the first page of the outline of coverage and policy, the
following:
"Notice to buyer:
This policy may not cover all of the costs associated with long-term
care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all
policy limitations.";
(4) provide copies of the disclosure forms required
in section 62S.081, subdivision 4, to the applicant;
(5)
(5) (6) establish auditable
procedures for verifying compliance with this subdivision; and
(6) (7) if applicable, provide
written notice to the prospective policyholder and certificate holder, at
solicitation, that a senior insurance counseling program approved by the
commissioner is available and the name, address, and telephone number of the
program;
(8) use the terms "noncancelable" or
"level premium" only when the policy or certificate conforms to
section 62S.14; and
(9) provide an explanation of contingent benefit upon
lapse provided for in section 62S.266.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 55.
Minnesota Statutes 2004, section 62S.30, is amended to read:
62S.30 APPROPRIATENESS
OF RECOMMENDED PURCHASE SUITABILITY.
In recommending the purchase or replacement of a
long-term care insurance policy or certificate, an agent shall comply with
section 60K.46, subdivision 4.
Subdivision 1.
Standards. Every insurer or other entity marketing
long-term care insurance shall:
(1) develop and use suitability standards to determine
whether the purchase or replacement of long-term care insurance is appropriate
for the needs of the applicant;
(2) train its agents in the use of its suitability
standards; and
(3) maintain a copy of its suitability standards and
make them available for inspection upon request by the commissioner.
Subd. 2.
Procedures. (a) To determine whether the applicant
meets the standards developed by the insurer or other entity marketing
long-term care insurance, the agent and insurer or other entity marketing
long-term care insurance shall develop procedures that take the following into
consideration:
(1) the ability to pay for the proposed coverage and
other pertinent financial information related to the purchase of the coverage;
(2) the applicant's goals or needs with respect to
long-term care and the advantages and disadvantages of insurance to meet those
goals or needs; and
(3) the values, benefits, and costs of the applicant's
existing insurance, if any, when compared to the values, benefits, and costs of
the recommended purchase or replacement.
(b) The insurer or other entity marketing long-term
care insurance, and the agent, where an agent is involved, shall make
reasonable efforts to obtain the information set forth in paragraph (a). The efforts shall include presentation to the
applicant, at or prior to application, of the "Long-Term Care Insurance
Personal Worksheet." The personal worksheet used by the insurer or other
entity marketing long-term care insurance shall contain, at a minimum, the
information in the format contained in Appendix B of the Long-Term Care Model
Regulation adopted by
the National Association of Insurance Commissioners, in not less than 12-point
type. The insurer or other entity
marketing long-term care insurance may request the applicant to provide
additional information to comply with its suitability standards. The insurer or other entity marketing
long-term care insurance shall file a copy of its personal worksheet with the
commissioner.
(c) A completed personal worksheet shall be returned
to the insurer or other entity marketing long-term care insurance prior to
consideration of the applicant for coverage, except the personal worksheet need
not be returned for sales of employer group long-term care insurance to
employees and their spouses. The sale or
dissemination by the insurer or other entity marketing long-term care
insurance, or the agent, of information obtained through the personal worksheet
is prohibited.
(d) The insurer or other entity marketing long-term
care insurance shall use the suitability standards it has developed under this
section in determining whether issuing long-term care insurance coverage to an
applicant is appropriate. Agents shall use
the suitability standards developed by the insurer or other entity marketing
long-term care insurance in marketing long-term care insurance.
(e) At the same time as the personal worksheet is
provided to the applicant, the disclosure form entitled "Things You Should
Know Before You Buy Long-Term Care Insurance" shall be provided. The form shall be in the format contained in
Appendix C of the Long-Term Care Insurance Model Regulation adopted by the
National Association of Insurance Commissioners in not less than 12-point type.
(f) If the insurer or other entity marketing long-term
care insurance determines that the applicant does not meet its financial
suitability standards, or if the applicant has declined to provide the
information, the insurer or other entity marketing long-term care insurance may
reject the application. In the
alternative, the insurer or other entity marketing long-term care insurance
shall send the applicant a letter similar to Appendix D of the Long-Term Care
Insurance Model Regulation adopted by the National Association of Insurance
Commissioners. However, if the applicant
has declined to provide financial information, the insurer or other entity
marketing long-term care insurance may use some other method to verify the
applicant's intent. The applicant's
returned letter or a record of the alternative method of verification shall be
made part of the applicant's file.
Subd. 3.
Reports. The insurer or other entity marketing
long-term care insurance shall report annually to the commissioner the total
number of applications received from residents of this state, the number of
those who declined to provide information on the personal worksheet, the number
of applicants who did not meet the suitability standards, and the number of those
who chose to confirm after receiving a suitability letter.
Subd. 4.
Application. This section shall not apply to life
insurance policies that accelerate benefits for long-term care.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 56. [62S.315] PRODUCER TRAINING.
The commissioner shall approve insurer and producer
training requirements according to the NAIC Long-Term Care Insurance Model Act
provisions. The commissioner of human
services shall provide technical assistance and information to the commissioner
according to Public Law 109-171, section 6021.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec.
57. Minnesota Statutes 2004, section
65B.44, subdivision 3a, is amended to read:
Subd. 3a. Disability and income loss benefits
election; senior citizens. A plan of
reparation security issued to or renewed with a person who has attained the age
of 65 or who has attained the age of 60 years and is retired and
receiving a pension, must provide disability and income loss benefits under
section 65B.44, subdivision 3, unless the insured elects not to have this
coverage. An election by the insured not
to have this coverage remains in effect until revoked by the insured. The reparation obligor shall notify a person
of the person's rights under this section at the time of the sale or the first
renewal of the policy after the insured has attained the age of 65 60
years, and at least annually after that.
The rate for any plan for which coverage has been excluded or reduced
pursuant to this section must be reduced accordingly. This section does apply to self-insurance.
EFFECTIVE
DATE. This section is
effective August 1, 2006, and applies to plans of reparation security issued or
renewed on or after that date.
Sec. 58. Minnesota
Statutes 2004, section 70A.07, is amended to read:
70A.07
RATES AND FORMS OPEN TO INSPECTION.
All rates, supplementary rate information, and forms
furnished to the commissioner under this chapter shall, as soon as the
commissioner's review has been completed within ten days after their
effective date, be open to public inspection at any reasonable time.
Sec. 59.
Minnesota Statutes 2004, section 72A.20, is amended by adding a
subdivision to read:
Subd. 39.
Discounted payments by health
care providers; effect on use of usual and customary payments. An insurer, including, but not limited to,
a health plan company as defined in section 62Q.01, subdivision 4; a reparation
obligor as defined in section 65B.43, subdivision 9; and a workers' compensation
insurer shall not consider in determining a health care provider's usual and
customary payment, standard payment, or allowable payment used as a basis for
determining the provider's payment by the insurer, the following discounted
payment situations:
(1) care provided to relatives of the provider;
(2) care for which a discount or free care is given in
hardship situations; and
(3) care for which a discount is given in exchange for
cash payment.
For purposes of this subdivision, "health care
provider" and "provider" have the meaning given in section
62J.03, subdivision 8.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 60.
Minnesota Statutes 2005 Supplement, section 72A.201, subdivision 6, is
amended to read:
Subd. 6. Standards for automobile insurance claims
handling, settlement offers, and agreements. In addition to the acts specified in
subdivisions 4, 5, 7, 8, and 9, the following acts by an insurer, adjuster, or
a self-insured or self-insurance administrator constitute unfair settlement
practices:
(1) if an automobile insurance policy provides for the
adjustment and settlement of an automobile total loss on the basis of actual
cash value or replacement with like kind and quality and the insured is not an
automobile dealer, failing to offer one of the following methods of settlement:
(a)
comparable and available replacement automobile, with all applicable taxes,
license fees, at least pro rata for the unexpired term of the replaced
automobile's license, and other fees incident to the transfer or evidence of
ownership of the automobile paid, at no cost to the insured other than the
deductible amount as provided in the policy;
(b) a cash settlement based upon the actual cost of
purchase of a comparable automobile, including all applicable taxes, license
fees, at least pro rata for the unexpired term of the replaced automobile's
license, and other fees incident to transfer of evidence of ownership, less the
deductible amount as provided in the policy.
The costs must be determined by:
(i) the cost of a comparable automobile, adjusted for
mileage, condition, and options, in the local market area of the insured, if
such an automobile is available in that area; or
(ii) one of two or more quotations obtained from two or
more qualified sources located within the local market area when a comparable
automobile is not available in the local market area. The insured shall be provided the information
contained in all quotations prior to settlement; or
(iii) any settlement or offer of settlement which
deviates from the procedure above must be documented and justified in
detail. The basis for the settlement or
offer of settlement must be explained to the insured;
(2) if an automobile insurance policy provides for the
adjustment and settlement of an automobile partial loss on the basis of repair
or replacement with like kind and quality and the insured is not an automobile
dealer, failing to offer one of the following methods of settlement:
(a) to assume all costs, including reasonable towing
costs, for the satisfactory repair of the motor vehicle. Satisfactory repair includes repair of both
obvious and hidden damage as caused by the claim incident. This assumption of cost may be reduced by
applicable policy provision; or
(b) to offer a cash settlement sufficient to pay for
satisfactory repair of the vehicle.
Satisfactory repair includes repair of obvious and hidden damage caused
by the claim incident, and includes reasonable towing costs;
(3) regardless of whether the loss was total or
partial, in the event that a damaged vehicle of an insured cannot be safely
driven, failing to exercise the right to inspect automobile damage prior to
repair within five business days following receipt of notification of claim. In other cases the inspection must be made in
15 days;
(4) regardless of whether the loss was total or
partial, requiring unreasonable travel of a claimant or insured to inspect a
replacement automobile, to obtain a repair estimate, to allow an insurer to
inspect a repair estimate, to allow an insurer to inspect repairs made pursuant
to policy requirements, or to have the automobile repaired;
(5) regardless of whether the loss was total or
partial, if loss of use coverage exists under the insurance policy, failing to
notify an insured at the time of the insurer's acknowledgment of claim, or
sooner if inquiry is made, of the fact of the coverage, including the policy
terms and conditions affecting the coverage and the manner in which the insured
can apply for this coverage;
(6) regardless of whether the loss was total or
partial, failing to include the insured's deductible in the insurer's demands
under its subrogation rights.
Subrogation recovery must be shared at least on a proportionate basis
with the insured, unless the deductible amount has been otherwise recovered by
the insured, except that when an insurer is recovering directly from an
uninsured third party by means of installments, the insured must receive the
full deductible share as soon as that amount is collected and before any part
of the total recovery is applied to any other use. No deduction for expenses may be made from
the deductible recovery unless an attorney is retained to collect the recovery,
in which case deduction may be made only for a pro rata share of the cost of
retaining the attorney. An insured
is not bound by any settlement of its insurer's subrogation claim with respect
to the deductible amount, unless the insured receives, as a result of the
subrogation settlement, the full amount of the deductible. Recovery by the insurer and receipt by the
insured of less than all of the insured's deductible amount does not affect the
insured's rights to recover any unreimbursed portion of the deductible from
parties liable for the loss;
(7) requiring as a condition of payment of a claim that
repairs to any damaged vehicle must be made by a particular contractor or
repair shop or that parts, other than window glass, must be replaced with parts
other than original equipment parts or engaging in any act or practice of
intimidation, coercion, threat, incentive, or inducement for or against an
insured to use a particular contractor or repair shop. Consumer benefits included within preferred
vendor programs must not be considered an incentive or inducement. At the time a claim is reported, the insurer
must provide the following advisory to the insured or claimant:
"Minnesota law gives You have the
legal right to choose a repair shop to fix your vehicle. Your policy will cover the reasonable costs
of repairing your vehicle to its pre-accident condition no matter where you
have repairs made. Have you selected a
repair shop or would you like a referral?"
After an insured has indicated that the insured has
selected a repair shop, the insurer must cease all efforts to influence the
insured's or claimant's choice of repair shop;
(8) where liability is reasonably clear, failing to
inform the claimant in an automobile property damage liability claim that the
claimant may have a claim for loss of use of the vehicle;
(9) failing to make a good faith assignment of
comparative negligence percentages in ascertaining the issue of liability;
(10) failing to pay any interest required by statute on
overdue payment for an automobile personal injury protection claim;
(11) if an automobile insurance policy contains either
or both of the time limitation provisions as permitted by section 65B.55,
subdivisions 1 and 2, failing to notify the insured in writing of those
limitations at least 60 days prior to the expiration of that time limitation;
(12) if an insurer chooses to have an insured examined
as permitted by section 65B.56, subdivision 1, failing to notify the insured of
all of the insured's rights and obligations under that statute, including the
right to request, in writing, and to receive a copy of the report of the
examination;
(13) failing to provide, to an insured who has
submitted a claim for benefits described in section 65B.44, a complete copy of
the insurer's claim file on the insured, excluding internal company memoranda,
all materials that relate to any insurance fraud investigation, materials that
constitute attorney work-product or that qualify for the attorney-client
privilege, and medical reviews that are subject to section 145.64, within ten
business days of receiving a written request from the insured. The insurer may charge the insured a
reasonable copying fee. This clause
supersedes any inconsistent provisions of sections 72A.49 to 72A.505;
(14) if an automobile policy provides for the adjustment
or settlement of an automobile loss due to damaged window glass, failing to
provide payment to the insured's chosen vendor based on a competitive price
that is fair and reasonable within the local industry at large.
Where facts
establish that a different rate in a specific geographic area actually served
by the vendor is required by that market, that geographic area must be
considered. This clause does not
prohibit an insurer from recommending a vendor to the insured or from agreeing
with a vendor to perform work at an agreed-upon price, provided, however, that
before recommending a vendor, the insurer shall offer its insured the
opportunity to choose the vendor. If the
insurer recommends a vendor, the insurer must also provide the following
advisory:
"Minnesota
law gives you the right to go to any glass vendor you choose, and prohibits me
from pressuring you to choose a particular vendor.";
(15) requiring that the repair or replacement of motor
vehicle glass and related products and services be made in a particular place
or shop or by a particular entity, or by otherwise limiting the ability of the
insured to select the place, shop, or entity to repair or replace the motor
vehicle glass and related products and services; or
(16) engaging in any act or practice of intimidation,
coercion, threat, incentive, or inducement for or against an insured to use a
particular company or location to provide the motor vehicle glass repair or
replacement services or products. For
purposes of this section, a warranty shall not be considered an inducement or
incentive.
Sec. 61.
Minnesota Statutes 2004, section 72C.10, subdivision 1, is amended to
read:
Subdivision 1. Readability compliance; filing and
approval. No insurer shall make,
issue, amend, or renew any policy or contract after the dates specified in
section 72C.11 for the applicable type of policy unless the contract is in
compliance with the requirements of sections 72C.06 to 72C.09 and unless the
contract is filed with the commissioner for approval. The contract shall be deemed approved 90
60 days after filing unless
disapproved by the commissioner within the 90-day 60-day
period. When an insurer, service plan
corporation, or the Minnesota Comprehensive Health Association fails to respond
to an objection or inquiry within 60 days, the filing is automatically
disapproved. A resubmission is required
if action by the Department of Commerce is subsequently requested. An additional filing fee is required for the
resubmission. The commissioner shall
not unreasonably withhold approval. Any
disapproval shall be delivered to the insurer in writing, stating the grounds
therefor. Any policy filed with the
commissioner shall be accompanied by a Flesch scale readability analysis and
test score and by the insurer's certification that the policy or contract is in
its judgment readable based on the factors specified in sections 72C.06 to
72C.08.
Sec. 62.
Minnesota Statutes 2004, section 79.01, is amended by adding a
subdivision to read:
Subd. 1a.
Assigned risk plan. "Assigned risk plan" means:
(1) the method to provide workers' compensation
coverage to employers unable to obtain coverage through licensed workers'
compensation companies; and
(2) the procedures established by the commissioner to
implement that method of providing coverage including administration of all
assigned risk losses and reserves.
Sec. 63.
Minnesota Statutes 2004, section 79.01, is amended by adding a
subdivision to read:
Subd. 1b.
Employer. "Employer" has the meaning given
in section 176.011, subdivision 10.
Sec. 64.
Minnesota Statutes 2004, section 79.251, subdivision 1, is amended to
read:
Subdivision 1. General duties of commissioner. (a)(1) The commissioner shall have all the
usual powers and authorities necessary for the discharge of the commissioner's
duties under this section and may contract with individuals in discharge of
those duties. The commissioner shall
audit the reserves established (a) for individual cases arising under policies
and contracts of coverage issued under subdivision 4 and (b) for the total book
of business issued under subdivision 4.
If the commissioner determines on the basis of an audit that there is an
excess surplus in the assigned risk plan, the commissioner must notify the
commissioner of finance who shall transfer assets of the plan equal to the
excess surplus to the budget reserve account in the general fund.
(2)
The commissioner shall monitor the operations of section 79.252 and this
section and shall periodically make recommendations to the governor and
legislature when appropriate, for improvement in the operation of those
sections.
(3) All insurers and self-insurance administrators
issuing policies or contracts under subdivision 4 shall pay to the commissioner
a .25 percent assessment on premiums for policies and contracts of coverage
issued under subdivision 4 for the purpose of defraying the costs of performing
the duties under clauses (1) and (2).
Proceeds of the assessment shall be deposited in the state treasury and
credited to the general fund.
(4) The assigned risk plan shall not be deemed a state
agency.
(5) The commissioner shall monitor and have
jurisdiction over all reserves maintained for assigned risk plan losses.
(b) As used in this subdivision, "excess
surplus" means the amount of assigned risk plan assets in excess of the
amount needed to pay all current liabilities of the plan, including, but not
limited to:
(1) administrative expenses;
(2) benefit claims; and
(3) if the assigned risk plan is dissolved under
subdivision 8, the amounts that would be due insurers who have paid assessments
to the plan.
Sec. 65.
Minnesota Statutes 2004, section 79.251, is amended by adding a
subdivision to read:
Subd. 2a.
Assigned risk rating plan. (a) Employers insured through the assigned
risk plan are subject to paragraphs (b) and (c).
(b) Classifications must be assigned according to a
uniform classification system approved by the commissioner.
(c) Rates must be modified according to an experience
rating plan approved by the commissioner.
Any experience rating plan is subject to Minnesota Rules, parts
2700.2800 and 2700.2900.
Sec. 66.
Minnesota Statutes 2004, section 79.252, is amended by adding a
subdivision to read:
Subd. 2a.
Minimum qualifications. Any employer that (1) is required to carry
workers' compensation insurance pursuant to chapter 176 and (2) has a current
written notice of refusal to insure pursuant to subdivision 2, is entitled to
coverage upon making written application to the assigned risk plan, and paying the
applicable premium.
Sec. 67.
Minnesota Statutes 2004, section 79.252, is amended by adding a
subdivision to read:
Subd. 3a.
Disqualifying factors. An employer may be denied or terminated
from coverage through the assigned risk plan if the employer:
(1) applies for coverage for only a portion of the
employer's statutory liability under chapter 176, excluding wrap-up policies;
(2) has an outstanding debt due and owing to the
assigned risk plan at the time of renewal arising from a prior policy;
(3)
persistently refuses to permit completion of an adequate payroll audit;
(4) repeatedly submits misleading or erroneous payroll
information; or
(5) flagrantly disregards safety or loss control
recommendations. Cancellation for
nonpayment of premium may be initiated by the service contractor upon 60 days'
written notice to the employer pursuant to section 176.185, subdivision 1.
Sec. 68.
Minnesota Statutes 2004, section 79.252, is amended by adding a
subdivision to read:
Subd. 3b.
Occupational disease exposure. An employer having a significant
occupational disease exposure, as determined by the commissioner, to be
entitled to coverage shall have physical examinations made:
(a) of employees who have not been examined within one
year of the date of application for assignment;
(b) of new employees before hiring; and
(c) of terminated employees. Upon request, the findings and reports of
doctors making examinations, together with x-rays and other original exhibits,
must be furnished to the assigned risk plan or the Department of Labor and
Industry.
Sec. 69.
Minnesota Statutes 2005 Supplement, section 79A.04, subdivision 2, is
amended to read:
Subd. 2. Minimum deposit. The minimum deposit is 110 percent of the
private self-insurer's estimated future liability. The deposit may be used to secure payment of
all administrative and legal costs, and unpaid assessments required by section
79A.12, subdivision 2, relating to or arising from its or other employers'
self-insuring. As used in this section,
"private self-insurer" includes both current and former members of
the self-insurers' security fund; and "private self-insurers' estimated
future liability" means the private self-insurers' total of estimated
future liability as determined by an Associate or Fellow of the Casualty
Actuarial Society every year for group member private self-insurers and, for a
nongroup member private self-insurer's authority to self-insure, every year for
the first five years. After the first
five years, the nongroup member's total shall be as determined by an Associate
or Fellow of the Casualty Actuarial Society at least every two years, and each
such actuarial study shall include a projection of future losses during the
period until the next scheduled actuarial study, less payments anticipated to
be made during that time.
All data and information furnished by a private
self-insurer to an Associate or Fellow of the Casualty Actuarial Society for
purposes of determining private self-insurers' estimated future liability must
be certified by an officer of the private self-insurer to be true and correct
with respect to payroll and paid losses, and must be certified, upon
information and belief, to be true and correct with respect to reserves. The certification must be made by sworn affidavit. In addition to any other remedies provided by
law, the certification of false data or information pursuant to this
subdivision may result in a fine imposed by the commissioner of commerce on the
private self-insurer up to the amount of $5,000, and termination of the private
self-insurers' authority to self-insure.
The determination of private self-insurers' estimated future liability
by an Associate or Fellow of the Casualty Actuarial Society shall be conducted
in accordance with standards and principles for establishing loss and loss
adjustment expense reserves by the Actuarial Standards Board, an affiliate of
the American Academy of Actuaries. The
commissioner may reject an actuarial report that does not meet the standards
and principles of the Actuarial Standards Board, and may further disqualify the
actuary who prepared the report from submitting any future actuarial reports
pursuant to this chapter. Within 30 days
after the actuary has been served by the commissioner with a notice of disqualification,
an actuary who is aggrieved by the disqualification may request a hearing to be
conducted in accordance with chapter 14.
Based on a review of the actuarial report, the commissioner of commerce
may require an increase in the minimum security deposit in an amount the
commissioner considers sufficient.
In
addition, the Minnesota self-insurers' security fund may, at its sole
discretion and cost, undertake an independent actuarial review or an actuarial
study of a private self-insurer's estimated future liability as defined in this
subdivision. The review or study must be
conducted by an associate or fellow of the Casualty Actuarial Society. The actuary has the right to receive and
review data and information of the self-insurer necessary for the actuary to
complete its review or study. A copy of
this report must be filed with the commissioner and a copy must be furnished to
the self-insurer.
Estimated future liability is determined by first
taking the total amount of the self-insured's future liability of workers'
compensation claims and then deducting the total amount which is estimated to
be returned to the self-insurer from any specific excess insurance coverage,
aggregate excess insurance coverage, and any supplementary benefits or second
injury benefits which are estimated to be reimbursed by the special
compensation fund. However, in the
determination of estimated future liability, the actuary for the self-insurer
shall not take a credit for any excess insurance or reinsurance which is provided
by a captive insurance company which is wholly owned by the self-insurer. Supplementary benefits or second injury
benefits will not be reimbursed by the special compensation fund unless the
special compensation fund assessment pursuant to section 176.129 is paid and
the reports required thereunder are filed with the special compensation
fund. In the case of surety bonds, bonds
shall secure administrative and legal costs in addition to the liability for
payment of compensation reflected on the face of the bond. In no event shall the security be less than
the last retention limit selected by the self-insurer with the Workers'
Compensation Reinsurance Association, provided that the commissioner may allow
former members to post less than the Workers' Compensation Reinsurance
Association retention level if that amount is adequate to secure payment of the
self-insurers' estimated future liability, as defined in this subdivision,
including payment of claims, administrative and legal costs, and unpaid assessments
required by section 79A.12, subdivision 2.
The posting or depositing of security pursuant to this section shall
release all previously posted or deposited security from any obligations under
the posting or depositing and any surety bond so released shall be returned to
the surety. Any other security shall be
returned to the depositor or the person posting the bond.
As a condition for the granting or renewing of a
certificate to self-insure, the commissioner may require a private self-insurer
to furnish any additional security the commissioner considers sufficient to
insure payment of all claims under chapter 176.
Sec. 70.
Minnesota Statutes 2004, section 79A.23, subdivision 3, is amended to
read:
Subd. 3. Operational audit. (a) The commissioner, prior to authorizing
surplus distribution of a commercial self-insurance group's first fund year or
no later than after the third anniversary of the group's authority to
self-insure, may conduct an operational audit of the commercial
self-insurance group's claim handling and reserve practices as well as its
underwriting procedures to determine if they adhere to the group's business
plan and sound business practices.
The commissioner may select outside consultants to assist in conducting
the audit. After completion of the
audit, the commissioner shall either renew or revoke the commercial
self-insurance group's authority to self-insure. The commissioner may also order any changes
deemed necessary in the claims handling, reserving practices, or underwriting
procedures of the group.
(b) The cost of the operational audit shall be borne
by the commercial self-insurance group.
Sec. 71.
Minnesota Statutes 2004, section 79A.32, is amended to read:
79A.32
REPORTING TO MINNESOTA WORKERS' COMPENSATION INSURERS' ASSOCIATION
LICENSED DATA SERVICE ORGANIZATIONS.
Subdivision 1.
Required activity. Each self-insurer shall perform the
following activities:
(1)
maintain membership in and report loss experience data to the Minnesota
Workers' Compensation Insurers Association, or a licensed data service
organization, in accordance with the statistical plan and rules of the
organization as approved by the commissioner;
(2) establish a plan for merit rating which shall be
consistently applied to all insureds, provided that members of a data service
organization may use merit rating plans developed by that data service
organization;
(3) provide an annual report to the commissioner
containing the information and prepared in the form required by the
commissioner; and
(4) keep a record of the losses paid by the
self-insurers and premiums for the group self-insurers.
Subd. 2. Permitted activity. In addition to any other activities not
prohibited by this chapter, self-insurers may Through data service
organizations licensed under chapter 79, self insurers may:
(1) through licensed data service organizations,
individually, or with self-insurers commonly owned, managed, or controlled,
conduct research and collect statistics to investigate, identify, and classify
information relating to causes or prevention of losses; and
(2) at the request of a private self insurer or self
insurer group, submit and collect data, including payroll and loss data; and
perform calculations, including calculations of experience modifications of individual
self-insured employers.
(2) develop and use classification plans and rates
based upon any reasonable factors; and
(3) develop rules for the assignment of risks to
classifications.
Subd. 3.
Delayed reporting. Private self-insurers established under
sections 79A.01 to 79A.18 prior to August 1, 1995, need not begin filing the
reports required under subdivision 1 until January 1, 1998.
Sec. 72.
Minnesota Statutes 2004, section 123A.21, subdivision 7, is amended to
read:
Subd. 7. Educational programs and services. (a) The board of directors of each SC
shall submit annually a plan to the members.
The plan shall identify the programs and services which are suggested
for implementation by the SC during the following year and shall contain
components of long-range planning determined by the SC. These programs and services may include, but
are not limited to, the following areas:
(1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication
services;
(5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8)
publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and
adult vocational education;
(12) teaching and learning services, including services
for students with special talents and special needs;
(13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services
and centers;
(16) leadership or direction in early childhood and
family education;
(17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs,
including health insurance programs providing reinsurance or stop loss coverage;
(20) technology planning, training, and support
services;
(21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
An SC is subject to regulation and oversight by the
commissioner of commerce under the insurance laws of this state when operating
a health reinsurance program pursuant to clause (19) providing reinsurance or
stop loss coverage.
(b) A group health, dental, or long-term disability
coverage program provided by one or more service cooperatives may provide
coverage to nursing homes licensed under chapter 144A and to boarding care
homes licensed under sections 144.50 to 144.56 and certified for participation
in the medical assistance program located in this state.
(c) A group health, dental, or long-term disability
coverage program provided by one or more service cooperatives:
(1) must rebid contracts for insurance and third-party
administration at least every four years.
The contracts may be regional or statewide in the discretion of the SC;
and
(2) may determine premiums for its health, dental, or
long-term disability coverage individually for specific employers or may
determine them on a pooled or other basis established by the SC.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
73. Minnesota Statutes 2004, section
123A.21, is amended by adding a subdivision to read:
Subd. 12.
Health Coverage Pool
Comparison Shopping. (a)
Service cooperatives must permit school districts and other political
subdivisions participating in a service cooperative health coverage pool to
solicit bids and other information from competing sources of health coverage at
any time other than within five months prior to the end of a master agreement.
(b) A service cooperative must not impose a fine or
other penalty against an enrolled entity for soliciting a bid or other
information during the allowed period.
The service cooperative may prohibit the entity from participating in
service cooperative coverage for a period of up to one year, if the entity
leaves the service cooperative pool and obtains other health coverage.
(c) A service cooperative must provide each enrolled
entity with the entity's monthly claims data.
This paragraph applies notwithstanding section 13.203.
Sec. 74.
Minnesota Statutes 2005 Supplement, section 256B.0571, is amended to
read:
256B.0571
LONG-TERM CARE PARTNERSHIP PROGRAM.
Subdivision 1. Definitions. For purposes of this section, the following
terms have the meanings given them.
Subd. 2.
Home care service. "Home care service" means care
described in section 144A.43.
Subd. 3. Long-term care insurance. "Long-term care insurance" means a
policy described in section 62S.01.
Subd. 4. Medical assistance. "Medical assistance" means the
program of medical assistance established under section 256B.01.
Subd. 5.
Nursing home. "Nursing home" means a nursing
home as described in section 144A.01.
Subd. 6. Partnership policy. "Partnership policy" means a
long-term care insurance policy that meets the requirements under subdivision
10 or 11, regardless of when the policy and was first
issued on or after the effective date of the state plan amendment
implementing the partnership program in Minnesota.
Subd. 7. Partnership program. "Partnership program" means the
Minnesota partnership for long-term care program established under this
section.
Subd. 7a.
Protected assets. "Protected assets" means assets
or proceeds of assets that are protected from recovery under subdivisions 13
and 15.
Subd. 8. Program established. (a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for
long-term care program to provide for the financing of long-term care through a
combination of private insurance and medical assistance.
(b) An individual who meets the requirements in this
paragraph is eligible to participate in the partnership program. The individual must:
(1) be a Minnesota resident at the time coverage
first became effective under the partnership policy;
(2)
purchase a partnership policy that is delivered, issued for delivery, or
renewed on or after the effective date of Laws 2005, First Special Session
chapter 4, article 7, section 5, and maintain the partnership policy in effect
throughout the period of participation in the partnership program be a
beneficiary of a partnership policy that (i) is issued on or after the
effective date of the state plan amendment implementing the partnership program
in Minnesota, or (ii) qualifies as a partnership policy under the provisions of
subdivision 8a; and
(3) exhaust the minimum have exhausted all
of the benefits under the partnership policy as described in this
section. Benefits received under a
long-term care insurance policy before the effective date of Laws 2005,
First Special Session chapter 4, article 7, section 5 July 1, 2006,
do not count toward the exhaustion of benefits required in this subdivision.
Subd. 8a.
Exchange for long-term care
partnership policy; addition of policy rider. (a) If authorized by federal law or if
federal approval is granted with respect to the partnership program established
in this section, a long-term care insurance policy that was issued before the
effective date of the state plan amendment implementing the partnership program
in Minnesota that was exchanged after the effective date of the state plan
amendment for a long-term care partnership policy that meets the requirements
of Public Law 109-171, section 6021, qualifies as a long-term care partnership
policy under this section, unless the policy is paying benefits on the date the
policy is exchanged.
(b) If authorized by federal law or if federal
approval is granted with respect to the partnership program established in this
section, a long-term care insurance policy that was issued before the effective
date of the state plan amendment implementing the partnership program in
Minnesota that has a rider added after the effective date of the state plan
amendment that meets the requirements of Public Law 109-171, section 6021,
qualifies as a long-term care partnership policy under this section, unless the
policy is paying benefits on the date the rider is added.
Subd. 9. Medical assistance eligibility. (a) Upon application of for medical
assistance program payment of long-term care services by an individual who
meets the requirements described in subdivision 8, the commissioner shall
determine the individual's eligibility for medical assistance according to
paragraphs (b) and (c) to (i).
(b) After disregarding financial determining
assets exempted under medical assistance eligibility requirements
subject to the asset limit under section 256B.056, subdivision 3 or 3c, or
256B.057, subdivision 9 or 10, the commissioner shall disregard an
additional amount of financial assets equal allow the individual to
designate assets to be protected from recovery under subdivisions 13 and 15 up to
the dollar amount of coverage the benefits utilized under the
partnership policy. Designated assets
shall be disregarded for purposes of determining eligibility for payment of
long-term care services.
(c) The commissioner shall consider the
individual's income according to medical assistance eligibility requirements.
The individual shall identify the designated assets and the full fair market
value of those assets and designate them as assets to be protected at the time
of initial application for medical assistance.
The full fair market value of real property or interests in real
property shall be based on the most recent full assessed value for property tax
purposes for the real property, unless the individual provides a complete
professional appraisal by a licensed appraiser to establish the full fair
market value. The extent of a life
estate in real property shall be determined using the life estate table in the
health care program's manual. Ownership
of any asset in joint tenancy shall be treated as ownership as tenants in
common for purposes of its designation as a disregarded asset. The unprotected value of any protected asset
is subject to estate recovery according to subdivisions 13 and 15.
(d) The right to designate assets to be protected is
personal to the individual and ends when the individual dies, except as
otherwise provided in subdivisions 13 and 15. It does not include the increase in the value
of the protected asset and the income, dividends, or profits from the
asset. It may be exercised by the
individual or by anyone with the legal authority to do so on the individual's
behalf. It shall not be sold, assigned,
transferred, or given away.
(e)
If the dollar amount of the benefits utilized under a partnership policy is
greater than the full fair market value of all assets protected at the time of
the application for medical assistance long-term care services, the individual
may designate additional assets that become available during the individual's
lifetime for protection under this section.
The individual must make the designation in writing to the county agency
no later than the last date on which the individual must report a change in
circumstances to the county agency, as provided for under the medical
assistance program. Any excess used for
this purpose shall not be available to the individual's estate to protect
assets in the estate from recovery under section 256B.15 or 524.3-1202, or
otherwise.
(f) This section applies only to estate recovery under
United States Code, title 42, section 1396p, subsections (a) and (b), and does
not apply to recovery authorized by other provisions of federal law, including,
but not limited to, recovery from trusts under United States Code, title 42,
section 1396p, subsection (d)(4)(A) and (C), or to recovery from annuities, or
similar legal instruments, subject to section 6012, subsections (a) and (b), of
the Deficit Reduction Act of 2005, Public Law 109-171.
(g) An individual's protected assets owned by the
individual's spouse who applies for payment of medical assistance long-term
care services shall not be protected assets or disregarded for purposes of eligibility
of the individual's spouse solely because they were protected assets of the
individual.
(h) Assets designated under this subdivision shall not
be subject to penalty under section 256B.0595.
(i) The commissioner shall otherwise determine the
individual's eligibility for payment of long-term care services according to
medical assistance eligibility requirements.
Subd. 10. Dollar-for-dollar asset protection
policies Long-term care partnership policy inflation protection. (a) A dollar-for-dollar asset protection
policy must meet all of the requirements in paragraphs (b) to (e).
(b) The policy must satisfy the requirements of
chapter 62S.
(c) The policy must offer an elimination period of not
more than 180 days for an adjusted premium.
(d) The policy must satisfy the requirements
established by the commissioner of human services under subdivision 14.
(e) Minimum daily benefits shall be $130 for nursing
home care or $65 for home care, with inflation protection provided in the
policy as described in section 62S.23, subdivision 1, clause (1). These minimum daily benefit amounts shall be
adjusted by the commissioner on October 1 of each year by a percentage equal to
the inflation protection feature described in section 62S.23, subdivision 1,
clause (1), for purposes of setting minimum requirements that a policy must
meet in future years in order to initially qualify as an approved policy under
this subdivision. Adjusted minimum daily
benefit amounts shall be rounded to the nearest whole dollar. A long-term care partnership policy
must provide the inflation protection described in this subdivision. If the policy is sold to an individual who:
(1) has not attained age 61 as of the date of
purchase, the policy must provide compound annual inflation protection;
(2) has attained age 61, but has not attained age 76
as of such date, the policy must provide some level of inflation protection;
and
(3) has attained age 76 as of such date, the policy
may, but is not required to, provide some level of inflation protection.
Subd.
11.Total asset protection policies. (a) A total asset protection policy must
meet all of the requirements in subdivision 10, paragraphs (b) to (d), and this
subdivision.
(b) Minimum coverage shall be for a period of not less
than three years and for a dollar amount equal to 36 months of nursing home
care at the minimum daily benefit rate determined and adjusted under paragraph
(c).
(c) Minimum daily benefits shall be $150 for nursing
home care or $75 for home care, with inflation protection provided in the
policy as described in section 62S.23, subdivision 1, clause (1). These minimum daily benefit amounts shall
also be adjusted by the commissioner on October 1 of each year by a percentage
equal to the inflation protection feature described in section 62S.23,
subdivision 1, clause (1), for purposes of setting minimum requirements that a
policy must meet in future years in order to initially qualify as an approved
policy under this subdivision. Adjusted
minimum daily benefit amounts shall be rounded to the nearest whole dollar.
(d) The policy must cover all of the following
services:
(1) nursing home stay;
(2) home care service; and
(3) care management.
Subd. 12. Compliance with federal law. An issuer of a partnership policy must comply
with any federal law authorizing partnership policies in Minnesota
Public Law 109-171, section 6021, including any federal regulations, as
amended, adopted under that law. This
subdivision does not require compliance with any provision of this federal law
until the date upon which the law requires compliance with the provision. The commissioner has authority to enforce
this subdivision.
Subd. 13. Limitations on estate recovery. (a) For an individual who exhausts the
minimum benefits of a dollar-for-dollar asset protection policy under
subdivision 10, and is determined eligible for medical assistance under
subdivision 9, the state shall limit recovery under the provisions of section
256B.15 against the estate of the individual or individual's spouse for medical
assistance benefits received by that individual to an amount that exceeds the
dollar amount of coverage utilized under the partnership policy.
Protected assets of the individual shall not be subject to recovery under
section 256B.15 or section 524.3-1201 for medical assistance or alternative
care paid on behalf of the individual.
Protected assets of the individual in the estate of the individual's
surviving spouse shall not be liable to pay a claim for recovery of medical
assistance paid for the predeceased individual that is filed in the estate of
the surviving spouse under section 256B.15.
Protected assets of the individual shall not be protected assets in the
surviving spouse's estate by reason of the preceding sentence and shall be subject
to recovery under section 256B.15 or 524.3-1201 for medical assistance paid on
behalf of the surviving spouse.
(b) For an individual who exhausts the minimum
benefits of a total asset protection policy under subdivision 11, and is
determined eligible for medical assistance under subdivision 9, the state shall
not seek recovery under the provisions of section 256B.15 against the estate of
the individual or individual's spouse for medical assistance benefits received
by that individual. The personal representative may protect the full
fair market value of an individual's unprotected assets in the individual's
estate in an amount equal to the unused amount of asset protection the
individual had on the date of death. The
personal representative shall apply the asset protection so that the full fair
market value of any unprotected asset in the estate is protected. When or if the asset protection available to
the personal representative is or becomes less than the full fair market value
of any remaining unprotected asset, it shall be applied to partially protect
one unprotected asset.
(c) The asset protection described in paragraph (a)
terminates with respect to an asset includable in the individual's estate under
chapter 524 or section 256B.15:
(1)
when the estate distributes the asset; or
(2) if the estate of the individual has not been
probated within one year from the date of death.
(d) If an individual owns a protected asset on the
date of death and the estate is opened for probate more than one year after
death, the state or a county agency may file and collect claims in the estate
under section 256B.15, and no statute of limitations in chapter 524 that would
otherwise limit or bar the claim shall apply.
(e) Except as otherwise provided, nothing in this
section shall limit or prevent recovery of medical assistance.
Subd. 14. Implementation. (a) If federal law is amended or a federal
waiver is granted to permit implementation of this section, the commissioner,
in consultation with the commissioner of commerce, may alter the requirements
of subdivisions 10 and 11, and may establish additional requirements for
approved policies in order to conform with federal law or waiver
authority. In establishing these requirements,
the commissioner shall seek to maximize purchase of qualifying policies by
Minnesota residents while controlling medical assistance costs.
(b) The commissioner is authorized to suspend
implementation of this section until the next session of the legislature if the
commissioner, in consultation with the commissioner of commerce, determines
that the federal legislation or federal waiver authorizing a partnership
program in Minnesota is likely to impose substantial unforeseen costs on the
state budget.
(c) The commissioner must take action under paragraph
(a) or (b) within 45 days of final federal action authorizing a partnership
policy in Minnesota.
(d) The commissioner must notify the appropriate
legislative committees of action taken under this subdivision within 50 days of
final federal action authorizing a partnership policy in Minnesota.
(e) The commissioner must publish a notice in the
State Register of implementation decisions made under this subdivision as soon
as practicable.
(a) The commissioner, in cooperation with the commissioner
of commerce, may alter the requirements of this section so as to be in
compliance with forthcoming requirements of the Department of Health and Human
Services and the National Association of Insurance Commissioners necessary to
implement the long-term care partnership program requirements of Public Law
109-171, section 6021.
(b) The commissioner shall submit a state plan
amendment to the federal government to implement the long-term care partnership
program in accordance with this section.
Subd. 15.
Limitation on liens. (a) An individual's interest in real
property shall not be subject to a medical assistance lien or a notice of
potential claim while and to the extent it is protected under subdivision 9.
(b) Medical assistance liens or liens arising under
notices of potential claims against an individual's interests in real property
in the individual's estate that are designated as protected under subdivision
13, paragraph (b), shall be released to the extent of the dollar value of the
protection applied to the interest.
(c) If an interest in real property is protected from
a lien for recovery of medical assistance paid on behalf of the individual
under paragraph (a) or (b), no lien for recovery of medical assistance paid on
behalf of that individual shall be filed against the protected interest in real
property after it is distributed to the individual's heirs or devisees.
Subd.
16.
(1) documenting and proving by clear and convincing
evidence that the asset or source of funds for the asset in question was
designated as disregarded or protected;
(2) tracing the asset and the proceeds of the asset
from that time forward; and
(3) documenting that the asset or proceeds of the
asset remained disregarded or protected at all relevant times.
EFFECTIVE
DATE. This section is
effective July 1, 2006.
Sec. 75. Laws
2005, First Special Session chapter 4, article 7, section 59, is amended to
read:
Sec. 59. REPORT TO LEGISLATURE.
The commissioner shall report to the legislature by
December 15, 2006, on the redesign of case management services. In preparing the report, the commissioner
shall consult with representatives for consumers, consumer advocates, counties,
labor organizations representing county social service workers, and
service providers. The report shall
include draft legislation for case management changes that will:
(1) streamline administration;
(2) improve consumer access to case management
services;
(3) address the use of a comprehensive universal
assessment protocol for persons seeking community supports;
(4) establish case management performance
measures;
(5) provide for consumer choice of the case management
service vendor; and
(6) provide a method of payment for case management
services that is cost-effective and best supports the draft legislation in
clauses (1) to (5).
Sec. 76. MEDICAL MALPRACTICE INSURANCE REPORT.
(a) The commissioner of commerce shall provide to the
legislature annually a brief written report on the status of the market for
medical malpractice insurance in Minnesota.
The report must summarize, interpret, explain, and analyze information
on that subject available to the commissioner, through annual statements filed
by insurance companies, information obtained under paragraph (c), and other
sources.
(b) The annual report must consider, to the extent
possible, using definitions developed by the commissioner, Minnesota-specific
data on market shares; premiums received; amounts paid to settle claims that
were not litigated, claims that were settled after litigation began, and claims
that were litigated to court judgment; amounts spent on processing,
investigation, litigation, and otherwise handling claims; other sales and
administrative costs; and the loss ratios of the insurers.
(c)
Each insurance company that provides medical malpractice insurance in this
state shall, no later than June 1 each year, file with the commissioner of
commerce, on a form prescribed by the commissioner and using definitions
developed by the commissioner, the Minnesota-specific data referenced in
paragraph (b), other than market share, for the previous calendar year for that
insurance company, shown separately for various categories of coverages
including, if possible, hospitals, medical clinics, nursing homes, physicians
who provide emergency medical care, obstetrician gynecologists, and ambulance
services. An insurance company need not
comply with this paragraph if its direct premium written in the state for the
previous calendar year is less than $2,000,000.
Sec. 77. REPEALER.
(a) Minnesota Statutes 2005 Supplement, section
62Q.251, is repealed, effective the day following final enactment.
(b) Minnesota Rules, parts 2781.0100; 2781.0200;
2781.0300; 2781.0400; 2781.0500; and 2781.0600, are repealed, effective July 1,
2006."
Delete the title and insert:
"A bill for an act relating to commerce;
regulating license education; regulating certain insurers, insurance forms,
rates, minimum loss ratio guarantees, coverages, purchases, disclosures,
filings, utilization reviews, and claims; enacting an interstate insurance
product regulation compact; regulating the Minnesota uniform health care
identification card; requiring health care provider pricing transparency;
regulating charity care; requiring certain reports; amending Minnesota Statutes
2004, sections 61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02,
subdivision 3, by adding a subdivision; 62A.021, subdivision 1; 62A.095,
subdivision 1; 62A.27; 62A.3093; 62A.65, subdivision 3; 62C.14, subdivisions 9,
10; 62E.13, subdivision 3; 62E.14, subdivision 5; 62J.60, subdivisions 2, 3;
62J.81, subdivision 1; 62L.02, subdivision 24; 62L.03, subdivision 3; 62L.08, subdivision
4; 62M.01, subdivision 2; 62M.09, subdivision 9; 62S.05, by adding a
subdivision; 62S.08, subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision
2; 62S.13, by adding a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20,
subdivision 1; 62S.24, subdivisions 1, 3, 4, by adding subdivisions; 62S.25,
subdivision 6, by adding a subdivision; 62S.26; 62S.266, subdivision 2; 62S.29,
subdivision 1; 62S.30; 65B.44, subdivision 3a; 70A.07; 72A.20, by adding a
subdivision; 72C.10, subdivision 1; 79.01, by adding subdivisions; 79.251,
subdivision 1, by adding a subdivision; 79.252, by adding subdivisions; 79A.23,
subdivision 3; 79A.32; 123A.21, subdivision 7, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 62A.316; 62J.052;
62L.12, subdivision 2; 72A.201, subdivision 6; 79A.04, subdivision 2;
256B.0571; Laws 2005, First Special Session chapter 4, article 7, section 59;
proposing coding for new law in Minnesota Statutes, chapters 60A; 62A; 62J;
62M; 62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section 62Q.251;
Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300; 2781.0400; 2781.0500;
2781.0600."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Linda Scheid and Mady Reiter.
House Conferees:
Tim Wilkin, Paul Gazelka and
Thomas Huntley.
Wilkin moved that the report of the
Conference Committee on S. F. No. 3480 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3480, A bill for an act relating
to commerce; regulating license education; regulating certain insurers,
insurance forms and rates, coverages, purchases, filings, utilization reviews,
and claims; enacting an interstate insurance product regulation compact and
providing for its administration; regulating the Minnesota uniform health care
identification card; requiring certain reports; amending Minnesota Statutes
2004, sections 61A.02, subdivision 3; 61A.092, subdivision 3; 62A.02,
subdivision 3; 62A.095, subdivision 1; 62A.17, subdivisions 1, 2; 62A.27;
62A.3093; 62C.14, subdivisions 9, 10; 62E.13, subdivision 3; 62E.14,
subdivision 5; 62J.60, subdivisions 2, 3; 62L.02, subdivision 24; 62M.01,
subdivision 2; 62M.09, subdivision 9; 62S.05, by adding a subdivision; 62S.08,
subdivision 3; 62S.081, subdivision 4; 62S.10, subdivision 2; 62S.13, by adding
a subdivision; 62S.14, subdivision 2; 62S.15; 62S.20, subdivision 1; 62S.24,
subdivisions 1, 3, 4, by adding subdivisions; 62S.25, subdivision 6, by adding
a subdivision; 62S.26; 62S.265, subdivision 1; 62S.266, subdivision 2; 62S.29,
subdivision 1; 62S.30; 70A.07; 72C.10, subdivision 1; 79.01, by adding
subdivisions; 79.251, subdivision 1, by adding a subdivision; 79.252, by adding
subdivisions; 79A.23, subdivision 3; 79A.32; 123A.21, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 45.22; 45.23; 62A.316; 65B.49,
subdivision 5a; 72A.201, subdivision 6; 79A.04, subdivision 2; 256B.0571;
proposing coding for new law in Minnesota Statutes, chapters 43A; 61A; 62A;
62Q; 62S; repealing Minnesota Statutes 2005 Supplement, section 256B.0571,
subdivisions 2, 5, 11; Minnesota Rules, parts 2781.0100; 2781.0200; 2781.0300;
2781.0400; 2781.0500; 2781.0600.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 129 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Goodwin
Klinzing
Olson
The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR
FOR THE DAY
S. F. No. 3087, A bill for an act relating
to child care; changing the requirement for use of child passenger restraint
systems; amending Minnesota Statutes 2005 Supplement, section 245A.18,
subdivision 2.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
S. F. No. 1604, A resolution memorializing
the President and Congress to support Amtrak funding.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 81 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Bernardy
Bradley
Carlson
Clark
Cox
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Greiling
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Larson
Latz
Lenczewski
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Nornes
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Slawik
Smith
Solberg
Thao
Thissen
Tingelstad
Wagenius
Walker
Wardlow
Welti
Westerberg
Those who voted in the negative were:
Blaine
Buesgens
Charron
Dean
DeLaForest
Emmer
Gazelka
Hoppe
Johnson, J.
Krinkie
Seifert
Severson
Vandeveer
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
There being no objection, the order of
business reverted to Reports of Standing Committees.
REPORTS OF STANDING COMMITTEES
Paulsen
from the Committee on Rules and Legislative Administration to which was
referred:
S. F. No.
2634, A bill for an act relating to state employment; ratifying certain labor
agreements and compensation plans.
Reported
the same back with the recommendation that the bill pass.
Joint Rule
2.03 has been waived for any subsequent committee action on this bill.
The report was adopted.
SECOND READING OF SENATE
BILLS
S. F. No. 2634 was read for the second
time.
SUSPENSION
OF RULES
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, DeLaForest moved that the rule therein
be suspended and an urgency be declared so that S. F. No. 2634
be given its third reading and be placed upon its final passage. The motion prevailed.
DeLaForest moved that the Rules of the
House be so far suspended that S. F. No. 2634 be given its third
reading and be placed upon its final passage.
The motion prevailed.
S. F. No. 2634, A bill for an act relating
to state employment; ratifying certain labor agreements and compensation plans.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Olson
Vandeveer
The bill was passed and its title agreed
to.
CALENDAR FOR THE DAY
S. F. No. 367 was reported
to the House.
Abeler
and Huntley moved to amend S. F. No. 367, the unofficial engrossment, as
follows:
Page 1, delete line 18
Page 1, delete section 2
Page 2, delete section 3
Page 7, delete article 2
Page 8, delete article 3
Page 10, delete article 4 and insert:
"ARTICLE 2
Section 1. Minnesota
Statutes 2004, section 145.4241, is amended by adding a subdivision to read:
Subd. 3a. Fetal anomaly incompatible with life. "Fetal anomaly incompatible with
life" means a fetal anomaly diagnosed before birth that will with
reasonable certainty result in death of the unborn child within three
months. Fetal anomaly incompatible with
life does not include conditions which can be treated.
Sec. 2. Minnesota
Statutes 2004, section 145.4241, is amended by adding a subdivision to read:
Subd. 4a. Perinatal hospice. (a) "Perinatal hospice" means
comprehensive support to the female and her family that includes support from
the time of diagnosis through the time of birth and death of the infant and
through the postpartum period.
Supportive care may include maternal-fetal medical specialists,
obstetricians, neonatologists, anesthesia specialists, clergy, social workers,
and specialty nurses.
(b) The availability of perinatal hospice provides an
alternative to families for whom elective pregnancy termination is not chosen.
Sec. 3. Minnesota
Statutes 2005 Supplement, section 145.4242, is amended to read:
145.4242 INFORMED CONSENT.
(a) No abortion shall be performed in this state except with
the voluntary and informed consent of the female upon whom the abortion is to
be performed. Except in the case of a
medical emergency or if the fetus has an anomaly incompatible with life, and
the female has declined perinatal hospice care, consent to an abortion is
voluntary and informed only if:
(1) the female is told the following, by telephone or in
person, by the physician who is to perform the abortion or by a referring
physician, at least 24 hours before the abortion:
(i) the particular medical risks associated with the
particular abortion procedure to be employed including, when medically
accurate, the risks of infection, hemorrhage, breast cancer, danger to
subsequent pregnancies, and infertility;
(ii) the probable gestational age of the unborn child at the
time the abortion is to be performed;
(iii) the medical risks associated with carrying her child to
term; and
(iv)
for abortions after 20 weeks gestational, whether or not an anesthetic or
analgesic would eliminate or alleviate organic pain to the unborn child caused
by the particular method of abortion to be employed and the particular medical
benefits and risks associated with the particular anesthetic or analgesic.
The information required by this clause may be provided by
telephone without conducting a physical examination or tests of the patient, in
which case the information required to be provided may be based on facts
supplied to the physician by the female and whatever other relevant information
is reasonably available to the physician.
It may not be provided by a tape recording, but must be provided during
a consultation in which the physician is able to ask questions of the female
and the female is able to ask questions of the physician. If a physical examination, tests, or the
availability of other information to the physician subsequently indicate, in
the medical judgment of the physician, a revision of the information previously
supplied to the patient, that revised information may be communicated to the
patient at any time prior to the performance of the abortion. Nothing in this section may be construed to
preclude provision of required information in a language understood by the patient
through a translator;
(2) the female is informed, by telephone or in person, by the
physician who is to perform the abortion, by a referring physician, or by an
agent of either physician at least 24 hours before the abortion:
(i) that medical assistance benefits may be available for
prenatal care, childbirth, and neonatal care;
(ii) that the father is liable to assist in the support of her
child, even in instances when the father has offered to pay for the abortion;
and
(iii) that she has the right to review the printed materials
described in section 145.4243, that these materials are available on a
state-sponsored Web site, and what the Web site address is. The physician or the physician's agent shall
orally inform the female that the materials have been provided by the state of
Minnesota and that they describe the unborn child, list agencies that offer
alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials
other than on the Web site, they shall either be given to her at least 24 hours
before the abortion or mailed to her at least 72 hours before the abortion by
certified mail, restricted delivery to addressee, which means the postal
employee can only deliver the mail to the addressee.
The information required by this clause may be provided by a
tape recording if provision is made to record or otherwise register
specifically whether the female does or does not choose to have the printed
materials given or mailed to her;
(3) the female certifies in writing, prior to the abortion,
that the information described in clauses (1) and (2) has been furnished to her
and that she has been informed of her opportunity to review the information
referred to in clause (2), subclause (iii); and
(4) prior to the performance of the abortion, the physician
who is to perform the abortion or the physician's agent obtains a copy of the
written certification prescribed by clause (3) and retains it on file with the
female's medical record for at least three years following the date of receipt.
(b) Prior to administering the anesthetic or analgesic as
described in paragraph (a), clause (1), item (iv), the physician must disclose
to the woman any additional cost of the procedure for the administration of the
anesthetic or analgesic. If the woman
consents to the administration of the anesthetic or analgesic, the physician
shall administer the anesthetic or analgesic or arrange to have the anesthetic
or analgesic administered.
(c) A female seeking an abortion of her unborn child diagnosed
with fetal anomaly incompatible with life must be informed of available
perinatal hospice services and offered this care as an alternative to
abortion. If perinatal hospice services
are declined, voluntary and informed consent by the female seeking an abortion
is given if the female receives the information required in paragraphs (a),
clause (1) and (b). The female must
comply with the requirements in paragraph (a), clauses (3) and (4).
Sec.
4. Minnesota Statutes 2004, section
148.515, subdivision 2, is amended to read:
Subd. 2. Master's or doctoral degree required. (a) An applicant must possess a master's or
doctoral degree that meets the requirements of paragraph (b). If completing a doctoral program in which a
master's degree has not been conferred, an applicant must submit a transcript
showing completion of course work equivalent to, or exceeding, a master's
degree that meets the requirement of paragraph (b).
(b) All of the applicant's graduate coursework and clinical
practicum required in the professional area for which licensure is sought must
have been initiated and completed at an institution whose program meets the
current requirements and was accredited by the Educational Standards Board
of the Council on Academic Accreditation in Audiology and Speech-Language
Pathology, a body recognized by the United States Department of Education, or
an equivalent as determined by the commissioner, in the area for which
licensure is sought.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 148.515, subdivision 6, is amended to read:
Subd. 6. Dispensing audiologist examination
requirements. (a) Audiologists are
exempt from the written examination requirement in section 153A.14, subdivision
2h, paragraph (a), clause (1).
(b) After July 31, 2005, all applicants for audiologist
licensure under sections 148.512 to 148.5198 must achieve a passing score on
the practical tests of proficiency described in section 153A.14, subdivision
2h, paragraph (a), clause (2), within the time period described in section
153A.14, subdivision 2h, paragraph (c).
(c) In order to dispense hearing aids as a sole proprietor,
member of a partnership, or for a limited liability company, corporation, or
any other entity organized for profit, a licensee who obtained audiologist
licensure under sections 148.512 to 148.5198, before August 1, 2005, and who is
not certified to dispense hearing aids under chapter 153A, must achieve a
passing score on the practical tests of proficiency described in section
153A.14, subdivision 2h, paragraph (a), clause (2), within the time period
described in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who obtained
licensure before August 1, 2005, are exempt from the practical tests.
(d) An applicant for an audiology license who obtains a
temporary license under section 148.5175 may dispense hearing aids only under
supervision of a licensed audiologist who dispenses hearing aids.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota
Statutes 2004, section 148.5175, is amended to read:
148.5175 TEMPORARY
LICENSURE.
(a) The commissioner shall issue temporary licensure as a
speech-language pathologist, an audiologist, or both, to an applicant who
has applied for licensure under section 148.515, 148.516, 148.517, or 148.518
and who:
(1) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past disciplinary
action in this or another jurisdiction and is not disqualified on the basis of
section 148.5195, subdivision 3; and
(2) either:
(i) provides a copy of a current credential as a
speech-language pathologist, an audiologist, or both, held in the District of
Columbia or a state or territory of the United States; or
(ii)
provides a copy of a current certificate of clinical competence issued by the
American Speech-Language-Hearing Association or board certification in audiology
by the American Board of Audiology.
(b) A temporary license issued to a person under this
subdivision expires 90 days after it is issued or on the date the commissioner
grants or denies licensure, whichever occurs first.
(c) Upon application, a temporary license shall be renewed
once to a person who is able to demonstrate good cause for failure to meet the
requirements for licensure within the initial temporary licensure period and
who is not the subject of a disciplinary action or disqualified on the basis of
section 148.5195, subdivision 3.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2004, section 148.518, is amended to read:
148.518 LICENSURE FOLLOWING
LAPSE OF LICENSURE STATUS.
For an applicant whose licensure status has lapsed, the
applicant must:
(1) apply for licensure renewal according to section 148.5191
and document compliance with the continuing education requirements of section
148.5193 since the applicant's license lapsed;
(2) fulfill the requirements of section 148.517;
(3) apply for renewal according to section 148.5191, provide
evidence to the commissioner that the applicant holds a current and
unrestricted credential for the practice of speech-language pathology from the
Minnesota Board of Teaching or for the practice of speech-language pathology or
audiology in another jurisdiction that has requirements equivalent to or higher
than those in effect for Minnesota, and provide evidence of compliance with
Minnesota Board of Teaching or that jurisdiction's continuing education
requirements; or
(4) apply for renewal according to section 148.5191 and
submit verified documentation of successful completion of 160 hours of
supervised practice approved by the commissioner. To participate in a supervised practice, the
applicant shall first apply and obtain temporary licensing according to section
148.5161.; or
(5) apply for renewal according to section 148.5191 and
provide documentation of obtaining a qualifying score on the examination
described in section 148.515, subdivision 4, within one year of the application
date for license renewal.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 148.5193, subdivision 1, is amended to read:
Subdivision 1. Number of contact hours required. (a) An applicant for licensure renewal must
meet the requirements for continuing education stipulated by the American
Speech-Language-Hearing Association or the American Board of Audiology, or
satisfy the requirements described in paragraphs (b) to (e).
(b) Within one month following expiration of a license, an
applicant for licensure renewal as either a speech-language pathologist or an
audiologist must provide evidence to the commissioner of a minimum of 30
contact hours of continuing education obtained within the two years immediately
preceding licensure expiration. A
minimum of 20 contact hours of continuing education must be directly related to
the licensee's area of licensure. Ten
contact hours
of continuing education may be in areas generally related to the licensee's
area of licensure. Licensees who are
issued licenses for a period of less than two years shall prorate the number of
contact hours required for licensure renewal based on the number of months
licensed during the biennial licensure period.
Licensees shall receive contact hours for continuing education
activities only for the biennial licensure period in which the continuing
education activity was performed.
(c) An applicant for licensure renewal as both a
speech-language pathologist and an audiologist must attest to and document
completion of a minimum of 36 contact hours of continuing education offered by
a continuing education sponsor within the two years immediately preceding
licensure renewal. A minimum of 15
contact hours must be received in the area of speech-language pathology and a
minimum of 15 contact hours must be received in the area of audiology. Six contact hours of continuing education may
be in areas generally related to the licensee's areas of licensure. Licensees who are issued licenses for a
period of less than two years shall prorate the number of contact hours
required for licensure renewal based on the number of months licensed during
the biennial licensure period. Licensees
shall receive contact hours for continuing education activities only for the
biennial licensure period in which the continuing education activity was
performed.
(d) If the licensee is licensed by the Board of Teaching:
(1) activities that are approved in the categories of
Minnesota Rules, part 8700.1000 8710.7200, subpart 3, items A and
B, and that relate to speech-language pathology, shall be considered:
(i) offered by a sponsor of continuing education; and
(ii) directly related to speech-language pathology;
(2) activities that are approved in the categories of
Minnesota Rules, part 8700.1000 8710.7200, subpart 3, shall be
considered:
(i) offered by a sponsor of continuing education; and
(ii) generally related to speech-language pathology; and
(3) one clock hour as defined in Minnesota Rules, part 8700.1000
8710.7200, subpart 1, is equivalent to 1.0 contact hours of continuing
education.
(e) Contact hours may not be accumulated in advance and
transferred to a future continuing education period.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 148.5195, is amended by adding a subdivision to read:
Subd. 7. Authority to contract. The commissioner shall contract with the
health professionals services program as authorized by sections 214.31 to
214.37 to provide these services to practitioners under this chapter. The health professionals services program
does not affect the commissioner's authority to discipline violations of
sections 148.511 to 148.5198.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
10. Minnesota Statutes 2004, section
148.6440, subdivision 7, is amended to read:
Subd. 7. Approval. (a) The advisory council shall appoint a
committee to review documentation under subdivisions 2 to 6 to determine if
established educational and clinical requirements are met. If, after review of course documentation,
the committee verifies that a specific course meets the theoretical and
clinical requirements in subdivisions 2 to 6, the commissioner may approve
practitioner applications that include the required course documentation
evidencing completion of the same course.
(b) Occupational therapists shall be advised of the status of
their request for approval within 30 days.
Occupational therapists must provide any additional information
requested by the committee that is necessary to make a determination regarding
approval or denial.
(c) A determination regarding a request for approval of
training under this subdivision shall be made in writing to the occupational
therapist. If denied, the reason for
denial shall be provided.
(d) A licensee who was approved by the commissioner as a
level two provider prior to July 1, 1999, shall remain on the roster maintained
by the commissioner in accordance with subdivision 1, paragraph (c).
(e) To remain on the roster maintained by the commissioner, a
licensee who was approved by the commissioner as a level one provider prior to
July 1, 1999, must submit to the commissioner documentation of training and
experience gained using physical agent modalities since the licensee's approval
as a level one provider. The committee
appointed under paragraph (a) shall review the documentation and make a
recommendation to the commissioner regarding approval.
(f) An occupational therapist who received training in the
use of physical agent modalities prior to July 1, 1999, but who has not been
placed on the roster of approved providers may submit to the commissioner
documentation of training and experience gained using physical agent
modalities. The committee appointed
under paragraph (a) shall review documentation and make a recommendation to the
commissioner regarding approval.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota
Statutes 2004, section 148.6443, subdivision 2, is amended to read:
Subd. 2. Standards for determining qualified
continuing education activities. Except
as provided in subdivision 3, paragraph (f), in order to qualify as a
continuing education activity, the activity must:
(1) constitute an organized program of learning;
(2) reasonably be expected to advance the knowledge and
skills of the occupational therapy practitioner;
(3) pertain to subjects that directly relate to the practice
of occupational therapy;
(4) be conducted by a sponsor approved by the American
Occupational Therapy Association or by individuals who have education,
training, and experience by reason of which the individuals should be
considered experts on the subject matter of the activity; and
(5) be presented by a sponsor who has a mechanism to verify
participation and maintains attendance records for three years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
12. Minnesota Statutes 2004, section
148.6443, subdivision 3, is amended to read:
Subd. 3. Activities qualifying for continuing
education contact hours. (a) The
activities in this subdivision qualify for continuing education contact hours
if they meet all other requirements of this section.
(b) A minimum of one-half of the required contact hours
must be directly related to the occupational therapy practice. The remaining contact hours may be related to
occupational therapy practice, the delivery of occupational therapy services,
or to the practitioner's current professional role.
(c) A licensee may obtain an unlimited number of contact
hours in any two-year continuing education period through participation in the
following:
(1) attendance at educational programs of annual conferences,
lectures, panel discussions, workshops, in-service training, seminars, and
symposiums;
(2) successful completion of college or university
courses. The licensee must obtain a
grade of at least a "C" or a pass in a pass or fail course in order
to receive the following continuing education credits:
(i) one semester credit equals 14 contact hours;
(ii) one trimester credit equals 12 contact hours; and
(iii) one quarter credit equals ten contact hours; and
(3) successful completion of home study courses that require
the participant to demonstrate the participant's knowledge following completion
of the course.
(c) (d) A licensee may obtain a maximum of six
contact hours in any two-year continuing education period for:
(1) teaching continuing education courses that meet the
requirements of this section. A licensee
is entitled to earn a maximum of two contact hours as preparation time for each
contact hour of presentation time.
Contact hours may be claimed only once for teaching the same course in
any two-year continuing education period.
A course schedule or brochure must be maintained for audit.;
(2) supervising occupational therapist or occupational
therapy assistant students. A licensee
may earn one contact hour for every eight hours of student supervision. Licensees must maintain a log indicating the
name of each student supervised and the hours each student was supervised. Contact hours obtained by student supervision
must be obtained by supervising students from an occupational therapy education
program accredited by the Accreditation Council for Occupational Therapy
Education;
(3) teaching or participating in courses related to leisure
activities, recreational activities, or hobbies if the practitioner uses these
interventions within the practitioner's current practice or employment; and
(4) engaging in research activities or outcome studies that
are associated with grants, postgraduate studies, or publications in
professional journals or books.
(d) (e) A licensee may obtain a maximum of two
contact hours in any two-year continuing education period for continuing
education activities in the following areas:
(1)
business-related topics: marketing, time
management, administration, risk management, government regulations, techniques
for training professionals, computer skills, payment systems, including
covered services, coding, documentation, billing, and similar topics;
(2) personal skill topics:
career burnout, communication skills, human relations, and similar
topics; and
(3) training that is obtained in conjunction with a
licensee's employment, occurs during a licensee's normal workday, and does not
include subject matter specific to the fundamentals of occupational therapy.
(e) An occupational therapy practitioner that utilizes
leisure activities, recreational activities, or hobbies as part of occupational
therapy services in the practitioner's current work setting may obtain a
maximum of six contact hours in any two-year continuing education period for
participation in courses teaching these activities.
(f) A licensee may obtain a maximum of six contact hours in
any two-year continuing education period for supervision of occupational therapist
or occupational therapy assistant students.
A licensee may earn one contact hour for every eight hours of student
supervision. Licensees must maintain a
log indicating the name of each student supervised and the hours each student
was supervised. Contact hours obtained
by student supervision must be obtained by supervising students from an
occupational therapy education program accredited by the Accreditation Council
for Occupational Therapy Education.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota
Statutes 2004, section 148.6443, subdivision 4, is amended to read:
Subd. 4. Activities not qualifying for continuing
education contact hours. No credit
shall be granted for the following activities:
hospital rounds, entertainment or recreational activities, employment
orientation sessions, holding an office or serving as an organizational
delegate, meetings for the purpose of making policy, and noneducational
association meetings, training related to payment systems, including covered
services, coding, and billing.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota
Statutes 2004, section 148.6448, is amended by adding a subdivision to read:
Subd. 6. Authority to contract. The commissioner shall contract with the
health professionals services program as authorized by sections 214.31 to
214.37 to provide these services to practitioners under this chapter. The health professionals services program does
not affect the commissioner's authority to discipline violations of sections
148.6401 to 148.6450.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota
Statutes 2004, section 153A.13, subdivision 4, is amended to read:
Subd. 4. Hearing instrument dispensing. "Hearing instrument dispensing"
means making ear mold impressions, prescribing, or recommending a hearing
instrument, assisting the consumer in instrument selection, selling hearing
instruments at retail, or testing human hearing in connection with these
activities when regardless of whether the person conducting these
activities has a monetary interest in the sale of hearing instruments to the
consumer.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
16. Minnesota Statutes 2005 Supplement,
section 153A.14, subdivision 4c, is amended to read:
Subd. 4c. Reciprocity. (a) A person applying for certification as
a hearing instrument dispenser under subdivision 1 who has dispensed
hearing instruments in another jurisdiction may dispense hearing instruments as
a trainee under indirect supervision if the person:
(1) satisfies the provisions of subdivision 4a, paragraph (a);
(2) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past disciplinary
action in this or another jurisdiction and is not disqualified on the basis of
section 153A.15, subdivision 1; and
(3) provides a copy of a current credential as a hearing
instrument dispenser held in the District of Columbia or a state or territory
of the United States.
(b) A person becoming a trainee under this subdivision who
fails to take and pass the practical examination described in subdivision 2h,
paragraph (a), clause (2), when next offered must cease dispensing hearing
instruments unless under direct supervision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota
Statutes 2004, section 153A.15, is amended by adding a subdivision to read:
Subd. 5. Authority to contract. The commissioner shall contract with the
health professionals services program as authorized by sections 214.31 to
214.37 to provide these services to practitioners under this chapter. The health professionals services program
does not affect the commissioner's authority to discipline violations of
chapter 153A.
EFFECTIVE
DATE. This section is
effective the day following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 367, A bill for an act relating
to education; requiring notice when a school or district uses certain pools for
competitive high school diving; amending Minnesota Statutes 2004, section
123B.492.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 108 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Atkins
Beard
Bernardy
Bradley
Brod
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who voted in the negative were:
Abrams
Anderson, B.
Blaine
Buesgens
Clark
DeLaForest
Eken
Emmer
Hausman
Hilstrom
Holberg
Hoppe
Johnson, J.
Klinzing
Kohls
Krinkie
Lieder
Mariani
Olson
Peppin
Rukavina
Severson
Vandeveer
Walker
Zellers
The bill was passed, as amended, and its
title agreed to.
Paulsen moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Abrams.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Supplemental Calendar for the Day for Saturday, May
20, 2006:
S. F. Nos. 1057, 2239 and
3017.
CALENDAR FOR THE DAY,
Continued
S. F. No. 2239 was reported
to the House.
Smith, Murphy, Ozment, Wardlow and Thissen
moved to amend S. F. No. 2239, the second unofficial engrossment, as follows:
Page 2, line 13, before "The"
insert "(a)"
Page 2, line 20, before "These"
insert "(b)"
Page 3, line 2, before "the"
insert "to"
Page 4, line 16, before
"Employee" insert "(a)"
Page 4, line 23, before "These"
insert "(b)"
Page 5, line 4, before "Each"
insert "(a)"
Page 5, line 5, strike "shall
constitute" and insert "constitutes"
Page 5, line 11, before "These"
insert "(b)"
Page 5, line 14, before "In"
insert "(a)"
Page 5, line 21, before
"Department" insert "(b)"
Page 5, line 29, strike "These
contributions must be made in the manner provided in section 352.04,"
Page 5, strike line 30
Page 6, line 1, strike "(e)"
Page 6, line 7, strike "(f)"and
insert "(e)"
Page 6, line 9, after
"contribution." insert:
"(f)
These contributions must be made in the manner provided in section 352.04,
subdivisions 4, 5, and 6."
Page 11, line 22, delete "accommodating"
and insert "reflecting"
Page 11, line 23, delete "in"
and insert "covered by"
Page 17, line 19, before "plan"
insert "retirement"
Page 18, line 4, delete "prior to"
and insert "before"
Page 18, line 6, delete "should"
and insert "may"
Page 19, line 1, delete "prior to"
and insert "before"
Page 19, line 3, delete "should"
and insert "may"
Page 20, line 1, delete "includes"
and insert "include"
Page 20, line 11, after "only"
insert an underscored comma
Page 20, line 21, strike "elect"
and insert "elected"
Page 20, line 26, strike the third
"the" and insert "that"
Page 20, line 27, after
"employees" insert "who meet the conditions set forth in
subdivision 2a"
Page 20, line 32, before "are"
insert "who meet the conditions set forth in subdivision 2a" and
after "be" insert "considered"
Page 21, line 4, after
"certifies" insert "to the association" and before
the second "employees" insert "applicable"
Page 21, line 13, after "until"
insert "the"
Page 21, line 17, after "occurs"
insert "(1)"
Page 21, line 21, after
"subdivision" insert an underscored semicolon and after "or"
insert "(2)"
Page 22, line 16, before
"authorized" insert "that is"
Page 22, line 19, after "expected"
insert "at the start of the period" and delete "which"
and insert "whom"
Page 23, line 26, strike "shall"
and insert "must"
Page 24, line 8, strike
"association" and insert "the executive director"
Page 24, line 32, strike "which"
and insert "that"
Page 27, line 17, before "counted"
insert "must be"
Page 28, line 19, after "various"
insert "retirement"
Page 28, line 21, after "including"
insert an underscored comma and after "to" insert an
underscored comma
Page 29, line 14, after "and"
insert an underscored comma
Page 29, line 25, after "association"
insert "either"
Page 29, line 26, after "and"
insert "the"
Page 29, line 28, after "contributions."
insert "If the employing unit receives a credit under this paragraph,
the employing unit is responsible for refunding to the applicable employee any
amount that had been erroneously deducted from the person's salary."
and after "event" insert "that" and delete
"had" and insert "has"
Page 29, line 30, delete "the"
and insert "any"
Page 29, line 31, after "event"
insert "that"
Page 29, line 33, strike the second
"a" and insert "any"
Page 29, line 35, delete "would"
and insert "is reasonably determined to"
Page 29, line 36, before "Internal"
insert "federal"
Page 30, line 8, strike
"association" and insert "executive director"
Page 30, line 10, after "limitations"
insert "specified"
Page 30, line 14, delete "would"
and insert "is reasonably determined to"
Page 30, line 15, before "Internal"
insert "federal"
Page 30, line 20, before "individual"
insert "applicable"
Page 30, line 21, after "provide"
insert "the employing unit"
Page 30, line 23, after "employer."
insert "If the employing unit receives a credit under this paragraph,
the employing unit is responsible for refunding to the applicable employee any
amount that had been erroneously deducted from the person's salary."
Page 30, line 28, after
"annuity" insert "payable to the applicable person or the
person's estate, whichever applies,"
Page 31, line 12, after "after"
insert "the date of the"
Page 31, line 18, strike "shall"
and insert "must"
Page 31, line 19, before "automatically"
insert "must be"
Page 32, line 14, delete "prior to"
and insert "before"
Page 32, line 16, delete "should"
and insert "may"
Page 33, line 11, delete "prior to"
and insert "before"
Page 33, line 14, delete "should"
and insert "may"
Page 34, line 15, before "but"
insert an underscored comma and before "despite" insert an
underscored comma
Page 35, line 4, after "certain"
insert "period"
Page 35, line 21, strike "or"
and insert "and no"
Page 35, line 28, strike "shall"
and insert "must"
Page 35, line 32, after "and"
insert an underscored comma
Page 35, line 33, strike "have
the" and insert ", the person is entitled to a"
Page 35, line 34, strike "that"
and insert "the allowable service"
Page 36, line 5, delete "shall"
and insert "must"
Page 36, line 7, delete "less"
and insert "and must be reduced by"
Page 36, line 11, delete "will"
and insert "must"
Page 36, line 12, after "form"
insert "by the association"
Page 36, line 13, after "deemed"
insert "by the executive director" and delete "will"
and insert "must"
Page 36, line 18, strike "prior
to" and insert "before"
Page 36, line 27, after
"general" insert "employees retirement"
Page 36, line 28, after "fire"
insert "retirement"
Page 36, line 29, before
"becomes" insert "who"
Page 36, line 31, strike "in"
and insert "from"
Page 37, line 6, delete the underscored
comma
Page 37, line 7, after "that"
insert an underscored comma
Page 40, line 30, delete "prior to"
and insert "before"
Page 40, line 32, delete "should"
and insert "may"
Page 41, line 24, delete "prior to"
and insert "before"
Page 41, line 26, delete "should"
and insert "may"
Page 42, line 4, strike "will
take" and insert "takes"
Page 45, line 24, strike "shall"
and insert "may"
Page 46, line 11, before "is"
insert "the person"
Page 46, line 12, after "and"
insert an underscored comma
Page 46, line 14, delete "prior to"
and insert "before"
Page 46, line 19, before the first "the"
insert "on" and before the second "the"
insert "on"
Page 47, line 33, before "reorganization"
insert "a"
Page 49, after line 9, insert:
"Sec. 46. REVISOR'S INSTRUCTION.
In Minnesota Statutes 2006 and subsequent editions, the
revisor of statutes shall change references to "the commission-retained
actuary" or to "the actuary retained by the Legislative Commission on
Pensions and Retirement" to "the actuary retained under section
356.214.""
Page 49, line 11, after "1" insert ",
43,"
Page 49, line 21, delete "prior to" and
insert "before"
Page
52, line 7, delete "prior to" and insert "before"
Page 59, line 19, delete "shall require" and
insert "requires"
Page 60, line 5, after "including" insert
"a specification"
Page 60, line 6, after "therein" insert
"of"
Page 60, line 10, delete "such" and insert
"the"
Page 60, line 15, delete "such" and insert
"the"
Page 64, line 3, before the first "the"
insert "if"
Page 64, line 4, after "and" insert "if"
Page 64, line 23, after "If" insert an underscored
comma
Page 65, line 34, after "certify" insert an
underscored comma and after "auditor" insert an underscored
comma
Page 67, line 26, strike "provided" and insert
"if"
Page 70, line 3, after "country" insert
"that is"
Page 70, line 8 after "or" insert "of
the"
Page 71 line 10, delete "prior to" and
insert "before"
Page 71, line 11, delete "shall" and insert
"must" and after "assets" insert "that
are"
Page 73, line 18, delete "shall" and insert
"must"
Page 73, line 21, delete "at" and insert
"as" and delete "shall"
Page 95, line 11, after "year" insert an
underscored comma
Page 102, line 16, delete "49" and insert
"48 and subdivision 1"
Page 102, line 20, delete "47" and insert
"48 and subdivision 1"
Page 102, line 22, after "and" insert "make"
Page 107, line 6, strike "pursuant to" and insert
"under"
Page 107, line 23, strike "pursuant to" and insert
"under"
Page 111, line 3, delete "shall" and insert
"must"
Page 111, line 13, delete "shall" and insert
"must"
Page 111, line 31, delete "shall" and insert
"must"
Page
112, line 9, delete "will" and insert "shall"
Page 112, line 19, delete "shall" and insert
"must"
Page 113, line 7, delete "prior to" and
insert "before"
Page 114, line 2, delete "shall" and insert
"must"
Page 118, line 13, delete "prior to" and
insert "before"
Page 118, line 20, delete "shall" and insert
"must"
Page 118, line 22, delete "should" and
insert "must"
Page 124, line 17, delete "prior to" and
insert "before"
Renumber the sections in sequence and correct the internal
references
The motion prevailed and the amendment was
adopted.
Smith moved to amend S. F. No. 2239, the second unofficial
engrossment, as amended, as follows:
Page 54, delete section 4
Page 55, line 14, delete "3, and 4" and
insert "and 3"
The motion prevailed and the amendment was
adopted.
Newman
moved to amend S. F. No. 2239, the second unofficial engrossment, as amended,
as follows:
Page 54,
after line 3, insert:
"Sec.
4. Laws 2005, First Special Session,
chapter 8, article 6, section 4, is amended to read:
Sec.
4. EFFECTIVE
DATE.
(a) Section
1, relating to Bridges Medical Services, is effective upon the later of:
(1) the day
after the governing body of the city of Ada and its chief clerical officer
timely complete their compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3; and
(2) the
first day of the month next following certification to the governing body of
the city of Ada by the executive director of the Public Employees Retirement
Association that the actuarial accrued liability of the special benefit
coverage proposed for extension to the privatized Bridges Medical Services
employees under section 1 does not exceed the actuarial gain otherwise to be
accrued by the Public Employees Retirement Association, as calculated by the
consulting actuary retained under Minnesota Statutes, section 356.214.
(b)
Section 1, relating to the Hutchinson Area Health Care, is effective upon the
later of:
(1) the day
after the governing body of the city of Hutchinson and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3, except that the certificate of approval must
be filed before January 1, 2008; and
(2) the
first day of the month next following certification to the governing body of
the city of Hutchinson by the executive director of the Public Employees
Retirement Association that the actuarial accrued liability of the special
benefit coverage proposed for extension to the privatized Hutchinson Area
Health Care employees under section 1 does not exceed the actuarial gain
otherwise to be accrued by the Public Employees Retirement Association, as
calculated by the consulting actuary retained by the Legislative Commission
on Pensions and Retirement under Minnesota Statutes, section 356.214.
(c) Section
1, relating to the Northfield Hospital, is effective upon the later of:
(1) the day
after the governing body of the city of Northfield and its chief clerical
officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3; and
(2) the
first day of the month next following certification to the governing body of
the city of Northfield by the executive director of the Public Employees
Retirement Association that the actuarial accrued liability of the special
benefit coverage proposed for extension to the privatized Northfield Hospital
employees under section 1 does not exceed the actuarial gain otherwise to be
accrued by the Public Employees Retirement Association, as calculated by the
consulting actuary retained by the Legislative Commission on Pensions and
Retirement under Minnesota Statutes, section 356.214.
(d) The
cost of the actuarial calculations must be borne by the facility, the city in
which the facility is located, or the purchaser of the facility.
(e) If the
required actions in paragraphs (a), (b), or (c) and (d) occur, section 1
applies retroactively to the date of privatization.
(f) Section
3 is effective the day following final enactment.
(g) Section
2 is effective the day following final enactment and applies to privatizations
occurring on or after the effective date."
Page 54,
line 5, delete "and 3" and insert ", 3, and 4"
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
The Speaker resumed the Chair.
Kahn,
Krinkie, Emmer, Dittrich and Gazelka moved to amend S. F. No. 2239, the second
unofficial engrossment, as amended, as follows:
Page 122, line 15, before the period, insert "plus the
amount representing the present value of the amount by which the retirement
annuity from the legislators retirement plan was increased or the retirement
age eligibility was modified under Minnesota Statutes, section 356.30, from the
additional service and salary credit under Minnesota Statutes, chapter 353"
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Kahn et al
amendment and the roll was called. There
were 48 yeas and 80 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Blaine
Buesgens
Charron
DeLaForest
Dittrich
Dorn
Eken
Emmer
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Hansen
Hausman
Haws
Holberg
Hoppe
Hosch
Johnson, J.
Johnson, R.
Juhnke
Kahn
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lenczewski
Liebling
Lieder
Marquart
Moe
Murphy
Nelson, P.
Newman
Olson
Poppe
Ruud
Sailer
Scalze
Seifert
Severson
Sieben
Solberg
Vandeveer
Wilkin
Those who voted in the negative were:
Abeler
Abrams
Atkins
Bernardy
Bradley
Brod
Carlson
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dorman
Eastlund
Ellison
Entenza
Erhardt
Erickson
Finstad
Gunther
Hackbarth
Hamilton
Heidgerken
Hilstrom
Hornstein
Hortman
Howes
Huntley
Jaros
Johnson, S.
Kelliher
Lanning
Larson
Latz
Lillie
Loeffler
Magnus
Mahoney
Mariani
McNamara
Meslow
Mullery
Nelson, M.
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Powell
Rukavina
Ruth
Samuelson
Sertich
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Walker
Wardlow
Welti
Westerberg
Westrom
Zellers
Spk. Sviggum
The motion did not prevail and the amendment was not adopted.
S. F. No. 2239, A bill for an act relating to retirement;
Minneapolis Teachers Retirement Fund Association and expanded list plans;
clarifying mutual fund authority; revising investment authority to exclude
below-investment grade bonds; authorizing service credit purchase; allowing
transfers of certain deferred compensation contributions; providing
an early retirement incentive; appropriating money; amending Minnesota Statutes
2004, sections 3A.01, subdivisions 1, 2, 6, 8, by adding subdivisions; 3A.011;
3A.02, subdivisions 1, 1b, 3, 4, 5; 3A.03, subdivisions 1, 2; 3A.04,
subdivisions 1, 2, 3, 4, by adding a subdivision; 3A.05; 3A.07; 3A.10,
subdivision 1; 3A.12; 3A.13; 6.72; 69.77, subdivision 9; 136F.45, subdivision
1a; 352.04, subdivisions 2, 3; 352.113, subdivision 7a; 352.116, subdivisions
3a, 3b; 352.90; 352.91, subdivisions 1, 2, 3c, 3d, 3e, 3f, 3g, by adding
subdivisions; 352.92, subdivisions 1, 2; 352B.02, subdivisions 1a, 1c;
352C.091, subdivision 1; 352C.10; 352D.02, subdivision 1; 352D.04, subdivision 2;
352F.04; 353.01, subdivisions 2a, 11a, 11b, 12, 16, by adding a subdivision;
353.03, subdivisions 1, 1a, by adding a subdivision; 353.27, subdivisions 7,
7a, 7b; 353.29, subdivision 8; 353.30, subdivisions 3a, 3b; 353.32,
subdivisions 1a, 1b; 353.33, subdivisions 1, 9; 353.34, subdivision 1; 353.656,
subdivisions 3, 4, 6a; 353D.01, subdivision 2; 353D.02, subdivision 3, by
adding subdivisions; 353D.03, by adding subdivisions; 353E.02, subdivision 3;
353F.04; 354.45, subdivision 1a; 354A.08; 354A.28, subdivision 5; 354A.32,
subdivision 1a; 354D.05; 355.01, subdivision 3g; 355.02, subdivisions 1, 3, by
adding subdivisions; 356.219, subdivisions 3, 6; 356.24, subdivision 1; 356.50;
422A.05, subdivision 2c; 422A.06, subdivisions 3, 5, 8; 422A.101, subdivision
3; 423B.07; 424A.001, by adding a subdivision; 424A.02, subdivision 8b;
424A.05, subdivision 3; 424A.10; 490.121, subdivisions 1, 6, 7, 13, 14, 15, 22,
by adding subdivisions; 490.122; 490.123, subdivisions 1, 1a, 1b, 1c, 2, 3;
490.124, subdivisions 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13; 490.125,
subdivisions 1, 2; 490.126, as amended; 490.133; 525.05; Minnesota Statutes
2005 Supplement, sections 353.01, subdivision 2d; 353.028, subdivision 3;
353.28, subdivision 6; 353.656, subdivision 1; 353F.02, subdivision 4; 356A.06,
subdivision 7; 422A.06, subdivision 7; 423B.09, subdivision 1; 490.121,
subdivision 4; Laws 2004, chapter 267, article 8, section 41; proposing coding
for new law in Minnesota Statutes, chapters 352; 352C; 353; 355; proposing
coding for new law as Minnesota Statutes, chapter 490A; repealing Minnesota
Statutes 2004, sections 3A.01, subdivisions 3, 4, 6a, 7; 3A.02, subdivision 2;
3A.04, subdivision 1a; 3A.09; 43A.34, subdivision 1; 352C.01; 352C.011;
352C.021, subdivisions 1, 2, 3, 4, 5, 6, 7; 352C.031, subdivisions 1, 2, 4, 5,
6; 352C.033; 352C.04; 352C.051; 352C.09; 352C.091, subdivisions 2, 3; 422A.101,
subdivision 4; 490.021; 490.025; 490.101; 490.102; 490.103; 490.105; 490.106;
490.107; 490.108; 490.109; 490.1091; 490.12; 490.121, subdivisions 2, 3, 5, 8,
9, 10, 11, 12, 16, 17, 18, 19; 490.124, subdivision 6; 490.132; 490.15; 490.16;
490.18; Minnesota Statutes 2005 Supplement, sections 352C.021, subdivision 1a;
490.121, subdivision 20.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 104 yeas and 27
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Clark
Cornish
Cox
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Haws
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Newman
Nornes
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Zellers
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Buesgens
Charron
Cybart
Dean
DeLaForest
Eastlund
Erickson
Finstad
Garofalo
Gazelka
Hausman
Heidgerken
Holberg
Johnson, J.
Klinzing
Knoblach
Krinkie
Nelson, P.
Olson
Paulsen
Penas
Peppin
Seifert
Soderstrom
Vandeveer
Wilkin
The bill was passed, as amended, and its
title agreed to.
S. F. No. 3017, A bill for an act relating
to agriculture; providing for a study and report on public and private funding
of a milk volume production loan program.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 109 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Spk. Sviggum
Those who voted in the negative were:
Abrams
Buesgens
Cybart
Dean
DeLaForest
Emmer
Erickson
Holberg
Hoppe
Klinzing
Kohls
Krinkie
Nelson, P.
Newman
Peppin
Powell
Seifert
Severson
Sykora
Vandeveer
Wilkin
Zellers
The bill was passed and its title agreed
to.
S. F. No. 2635, A bill for an act relating
to local government; authorizing regulation of certain public lands in Aitkin
County; repealing the authority for Aitkin County regulation of certain public
land interests; repealing Laws 1988, chapter 658, section 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 127 yeas and 5 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Buesgens
Emmer
Holberg
Krinkie
Vandeveer
The bill was passed and its title agreed
to.
The Speaker called Davids to the Chair.
S. F. No. 3450 was reported
to the House.
Holberg offered an amendment to S. F. No.
3450.
POINT
OF ORDER
Larson raised a point of order pursuant to
rule 3.21 that the Holberg amendment was not in order. Speaker pro tempore Davids ruled the point of
order well taken and the Holberg amendment out of order.
S. F. No. 3450, A bill for an act relating
to metropolitan government; governing special transportation service
requirements; amending Minnesota Statutes 2004, section 473.386, subdivision 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
The bill was passed and its title agreed
to.
There being no objection, the order of
business reverted to Introduction and First Reading of House Bills.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House Files were introduced:
Brod introduced:
H. F. No. 4221, A bill for an act relating
to health care; developing a statewide plan for the redesign of the health care
system.
The bill was read for the first time and
referred to the Committee on Health Policy and Finance.
Olson and Sailer introduced:
H. F. No. 4222, A bill for an act relating
to education; establishing a parent-school partnership pilot program to assist
children with autism spectrum disorders; appropriating money.
The bill was read for the first time and
referred to the Committee on Education Policy and Reform.
Olson, Holberg and Lieder introduced:
H. F. No. 4223, A bill for an act relating
to transportation; requiring property appraisals by the Department of
Transportation; amending Minnesota Statutes 2004, sections 117.036,
subdivisions 2, 3, by adding a subdivision; 273.11, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Transportation.
The Speaker resumed the Chair.
MOTION TO ADJOURN SINE DIE
Dorman moved that the House adjourn sine
die. The motion did not prevail.
Erickson was excused for the remainder of
today's session.
CALENDAR FOR THE DAY
H. F. No. 3546 was reported
to the House.
Ozment moved that
H. F. No. 3546 be temporarily laid over on the Calendar for the
Day. The motion prevailed.
S. F. No. 1057, A bill for an act relating
to retirement; statewide and major local retirement plans; providing for
various member and employer contribution rate increases; restructuring the
statewide Teachers Retirement Association fund and benefit plan; providing a
special postretirement adjustment to certain pre-1969 teachers; changing
deferred annuities augmentation for new retirement plan members; creating a
public pension plan default insurance pool; increasing the maximum retirement
plan covered salary figure; providing certain early retirement incentives;
creating a task force to study creation of a statewide volunteer firefighter
retirement plan; appropriating money; amending Minnesota Statutes 2004,
sections 352.01, subdivision 13; 352.04, subdivisions 2, 3, 12; 352.116,
subdivision 1a; 352.72, subdivision 2; 352.911, subdivision 5; 352.92,
subdivisions 1, 2; 352B.01, subdivision 11; 352B.02, subdivisions 1a, 1c, 1d;
352B.30, subdivision 2; 352D.04, subdivision 2; 352D.09, subdivision 7; 353.01,
subdivision 10; 353.27, subdivisions 1, 2, 3, 3a, by adding a subdivision;
353.30, subdivision 5; 353.65, subdivisions 2, 3, 6; 353.71, subdivision 2;
353B.02, subdivision 10; 353E.01, subdivision 5; 353E.05; 354.05, subdivisions
2, 13, 35; 354.42, subdivisions 2, 3, by adding a subdivision; 354.44,
subdivision 6; 354.55, subdivision 11; 354A.011, subdivisions 15a, 24, 27;
354A.021, subdivisions 1, 4; 354A.092; 354A.093, subdivision 1; 354A.095;
354A.096; 354A.12,
subdivisions 1, 2, 2a, 3a, 3b, 3c, 3d; 354A.30; 354A.31, subdivisions 4, 7;
354A.32, subdivision 1; 354A.37, subdivision 2; 354A.39; 354A.40, subdivision
1; 354A.41; 356.20, subdivision 2; 356.214, subdivision 1; 356.215, subdivision
8; 356.30, subdivisions 1, 3; 356.302, subdivision 7; 356.303, subdivision 4;
356.315, by adding a subdivision; 356.42, subdivision 3; 356.465, subdivision
3; 356.611, subdivision 1; 422A.01, by adding a subdivision; 423A.02,
subdivision 1b; 423B.01, by adding a subdivision; 423C.01, by adding a
subdivision; 490.121, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 128D; 354; 356; repealing Minnesota Statutes 2004,
sections 354A.051; 354A.105; 354A.23, subdivision 1; 354A.28.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 95 yeas and 34 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Atkins
Beard
Bernardy
Blaine
Bradley
Carlson
Clark
Cox
Cybart
Davids
Davnie
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamara
Meslow
Mullery
Murphy
Nelson, M.
Nelson, P.
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Samuelson
Scalze
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Wagenius
Walker
Wardlow
Welti
Westerberg
Spk. Sviggum
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
DeLaForest
Eken
Emmer
Finstad
Garofalo
Gazelka
Hamilton
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Kohls
Krinkie
Magnus
Moe
Newman
Nornes
Olson
Paulsen
Penas
Peppin
Sailer
Seifert
Severson
Soderstrom
Vandeveer
Westrom
Wilkin
Zellers
The bill was passed and its title agreed
to.
MOTION FOR RECONSIDERATION
Seifert moved that the vote whereby
S. F. No. 3450 was passed earlier today, be now reconsidered.
A roll call was requested and properly
seconded.
The question was taken on the Seifert
motion and the roll was called. There
were 64 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dorman
Eastlund
Emmer
Finstad
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Lanning
Magnus
McNamara
Meslow
Nelson, P.
Newman
Nornes
Olson
Ozment
Paulsen
Penas
Peppin
Peterson, N.
Powell
Ruth
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Atkins
Bernardy
Carlson
Clark
Cox
Davnie
Dill
Dittrich
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Goodwin
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Krinkie
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moe
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
Welti
The motion did not prevail.
CALENDAR FOR THE DAY,
Continued
S. F. No. 2973 was reported
to the House.
Hackbarth moved to amend S. F. No. 2973 as follows:
Page 1, after line 17, insert:
"ARTICLE 1
NATURAL RESOURCES"
Page 11, after line 10, insert:
"ARTICLE 2
POLICY AMENDMENTS
Section 1. Minnesota
Statutes 2004, section 84.085, subdivision 1, is amended to read:
Subdivision
1. Authority. (a) The commissioner of natural resources may
accept for and on behalf of the state any gift, bequest, devise, or grants of
lands or interest in lands or personal property of any kind or of money
tendered to the state for any purpose pertaining to the activities of the
department or any of its divisions. Any
money so received is hereby appropriated and dedicated for the purpose for
which it is granted. Lands and interests
in lands so received may be sold or exchanged as provided in chapter 94.
(b) When the commissioner of natural resources accepts lands
or interests in land, the commissioner may reimburse the donor for costs
incurred to obtain an appraisal needed for tax reporting purposes. If the state pays the donor for a portion of
the value of the lands or interests in lands that are donated, the
reimbursement for appraisal costs shall not exceed $1,500. If the donor receives no payment from the
state for the lands or interests in lands that are donated, the reimbursement
for appraisal costs shall not exceed $5,000.
(b) (c) The commissioner of natural
resources, on behalf of the state, may accept and use grants of money or
property from the United States or other grantors for conservation purposes not
inconsistent with the laws of this state.
Any money or property so received is hereby appropriated and dedicated
for the purposes for which it is granted, and shall be expended or used solely
for such purposes in accordance with the federal laws and regulations
pertaining thereto, subject to applicable state laws and rules as to manner of
expenditure or use providing that the commissioner may make subgrants of any
money received to other agencies, units of local government, private
individuals, private organizations, and private nonprofit corporations. Appropriate funds and accounts shall be
maintained by the commissioner of finance to secure compliance with this
section.
(c) (d) The commissioner may accept for
and on behalf of the permanent school fund a donation of lands, interest in
lands, or improvements on lands. A
donation so received shall become state property, be classified as school trust
land as defined in section 92.025, and be managed consistent with section 127A.31.
Sec. 2. [85.0145] ACQUISITION OF LAND FOR
FACILITIES.
The commissioner of natural resources may acquire interests
in land by gift, purchase, or lease for facilities outside the boundaries of
state parks, state recreation areas, or state waysides that are needed for the
management of state parks, state recreation areas, or state waysides
established under sections 85.012 and 85.013.
Sec. 3. Minnesota
Statutes 2004, section 85.052, subdivision 4, is amended to read:
Subd. 4. Deposit of fees. (a) Fees paid for providing contracted
products and services within a state park, state recreation area, or wayside,
and for special state park uses under this section shall be deposited in the
natural resources fund and credited to a state parks account.
(b) Gross receipts derived from sales, rentals, or leases of
natural resources within state parks, recreation areas, and waysides, other
than those on trust fund lands, must be deposited in the state treasury and
credited to the general fund.
(c) Notwithstanding paragraph (b), the gross receipts from
the sale of stockpile materials, aggregate, or other earth materials from the
Iron Range Off-Highway Vehicle Recreation Area shall be deposited in the
dedicated accounts in the natural resources fund from which the purchase of the
stockpile material was made.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 85.053, subdivision 2, is amended to read:
Subd. 2. Requirement. Except as provided in section 85.054, a motor
vehicle may not enter a state park, state recreation area, or state wayside
over 50 acres in area, without a state park permit issued under this
section. Except for vehicles permitted
under be
affixed to the lower right corner windshield of the motor vehicle and must be
completely affixed by its own adhesive to the windshield, or the commissioner
may, by written order, provide an alternative means to display and validate
annual permits.subdivision subdivisions 7, paragraph (a), clause (2),
and 8, the state park permit must
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 5. Minnesota
Statutes 2004, section 85.053, is amended by adding a subdivision to read:
Subd. 8. Towed vehicles. The commissioner shall prescribe and issue
a temporary permit for a vehicle that enters a park towed by a vehicle used for
camping. The temporary permit shall be
issued with the camping permit and allows the towed vehicle to be driven in
state parks until the camping permit expires.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 6. Minnesota
Statutes 2004, section 85.054, is amended by adding a subdivision to read:
Subd. 12. Soudan Underground Mine State Park. A state park permit is not required and a
fee may not be charged for motor vehicle entry or parking at the visitor
parking area of Soudan Underground Mine State Park.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 85.055, subdivision 1, is amended to read:
Subdivision 1. Fees.
The fee for state park permits for:
(1) an annual use of state parks is $25;
(2) a second vehicle state park permit is $18;
(3) a state park permit valid for one day is $7 $5;
(4) a daily vehicle state park permit for groups is $5
$3;
(5) an annual permit for motorcycles is $20;
(6) an employee's state park permit is without charge; and
(6) (7) a state park permit for handicapped
disabled persons under section 85.053, subdivision 7, clauses (1) and (2),
is $12.
The fees specified in this subdivision include any sales tax
required by state law.
EFFECTIVE
DATE. This section is
effective January 1, 2007.
Sec. 8. Minnesota
Statutes 2004, section 88.79, subdivision 1, is amended to read:
Subdivision 1. Employment of competent foresters; service
to private owners. The commissioner
of natural resources may employ competent foresters to furnish owners of forest
lands within the state of Minnesota owning respectively not exceeding who
own not more than 1,000 acres of such forest land, forest
management services consisting of:
(1)
(2) selection and marking of timber to be cut,;
(3) measurement of products,;
(4) aid in marketing harvested products,;
(5) provision of tree-planting equipment; and
(6) such other services as the commissioner of natural
resources deems necessary or advisable to promote maximum sustained yield of
timber upon such forest lands.
Sec. 9. [89.22] USES OF STATE FOREST LANDS;
FEES.
Subdivision 1.
Establishing fees. Notwithstanding section 16A.1283, the
commissioner may, by written order published in the State Register, establish
fees providing for the use of state forest lands, including motorcycle,
snowmobile, and sports car rallies, races, or enduros; orienteering trials;
group campouts that do not occur at designated group camps; dog sled races; dog
trials; large horse trail rides; and commercial uses. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Subd. 2. Receipts to natural resources fund. Fees collected under subdivision 1 shall
be credited to a forest land use account in the natural resources fund.
Sec. 10. Minnesota
Statutes 2004, section 90.14, is amended to read:
90.14 AUCTION SALE PROCEDURE.
(a) All state timber shall be offered and sold by the same
unit of measurement as it was appraised.
The sale shall be made to the person who (1) bids the highest price
for all the several kinds of timber as advertised, or (2) if unsold at public
auction, to the person who purchases at any subsequent sale authorized under
section 90.101, subdivision 1. No tract shall be sold to any person
other than the purchaser in whose name the bid was made. The commissioner may refuse to approve
any and all bids received and cancel a sale of state timber for good and
sufficient reasons.
(b) The purchaser at any sale of timber shall, immediately
upon the approval of the bid, or, if unsold at public auction, at the time of
purchase at a subsequent sale under section 90.101, subdivision 1, pay to the
commissioner a down payment of 15 percent of the appraised value. In case any purchaser fails to make such
payment, the purchaser shall be liable therefor to the state in a civil action,
and the commissioner may reoffer the timber for sale as though no bid or sale
under section 90.101, subdivision 1, therefor had been made.
(c) In lieu of the scaling of state timber required by this
chapter, a purchaser of state timber may, at the time of payment by the
purchaser to the commissioner of 15 percent of the appraised value, elect in
writing on a form prescribed by the attorney general to purchase a permit based
solely on the appraiser's estimate of the volume of timber described in the
permit, provided that the commissioner has expressly designated the
availability of such option for that tract on the list of tracts available for
sale as required under section 90.101. A
purchaser who elects in writing on a form prescribed by the attorney general to
purchase a permit based solely on the appraiser's estimate of the volume of
timber described on the permit does not have recourse to the provisions of
section 90.281.
(d) In the case of a public auction sale conducted by a sealed
bid process, tracts shall be awarded to the high bidder, who shall pay to the
commissioner a down payment of 15 percent of the appraised value within ten
business days of receiving a written award notice. If a purchaser fails to make the down
payment, the purchaser is liable for the down payment to the state and the
commissioner may offer the timber for sale to the next highest bidder as though
no higher bid had been made.
(e)
Except as otherwise provided by law, at the time the purchaser signs a permit
issued under section 90.151, the purchaser shall make a bid guarantee payment
to the commissioner in an amount equal to 15 percent of the total purchase
price of the permit less the down payment amount required by paragraph
(b). If the bid guarantee payment is not
submitted with the signed permit, no harvesting may occur, the permit cancels,
and the down payment for timber forfeits to the state. The bid guarantee payment forfeits to the
state if the purchaser and successors in interest fail to execute an effective
permit.
Sec. 11. [90.145] PURCHASER QUALIFICATIONS AND
REGISTRATION.
Subdivision 1.
Purchaser qualifications. (a) In addition to any other requirements
imposed by this chapter, the purchaser of a state timber permit issued under
section 90.151 must meet the requirements in paragraphs (b) to (d).
(b) The purchaser and the purchaser's agents, employees,
subcontractors, and assigns must comply with general industry safety standards
for logging adopted by the commissioner of labor and industry under chapter
182. The commissioner of natural
resources shall require a purchaser to provide proof of compliance with the
general industry safety standards.
(c) The purchaser and the purchaser's agents, subcontractors,
and assigns must comply with the mandatory insurance requirements of chapter
176. The commissioner shall require a
purchaser to provide a copy of the proof of insurance required by section
176.130 before the start of harvesting operations on any permit.
(d) Before the start of harvesting operations on any permit,
the purchaser must certify that a foreperson or other designated employee who
has a current certificate of completion from the Minnesota logger education
program (MLEP), the Wisconsin Forest Industry Safety and Training Alliance
(FISTA), or any similar program acceptable to the commissioner, is supervising
active logging operations.
Subd. 2. Purchaser preregistration. To facilitate the sale of permits issued
under section 90.151, the commissioner may establish a purchaser
preregistration system. Any system
implemented by the commissioner shall be limited in scope to only that
information that is required for the efficient administration of the purchaser
qualification provisions of this chapter and shall conform with the
requirements of chapter 13.
Sec. 12. Minnesota
Statutes 2004, section 90.151, subdivision 1, is amended to read:
Subdivision 1. Issuance; expiration. (a) Following receipt of the down payment for
state timber required under section 90.14 or 90.191, the commissioner shall
issue a numbered permit to the purchaser, in a form approved by the attorney
general, by the terms of which the purchaser shall be authorized to enter upon
the land, and to cut and remove the timber therein described as designated for
cutting in the report of the state appraiser, according to the provisions of
this chapter. The permit shall be
correctly dated and executed by the commissioner and signed by the
purchaser. If a permit is not signed by
the purchaser within 60 days from the date of purchase, the permit cancels and
the down payment for timber required under section 90.14 forfeits to the state.
(b) The permit shall expire no later than five years after
the date of sale as the commissioner shall specify or as specified under
section 90.191, and the timber shall be cut within the time specified
therein. All cut timber, equipment, and
buildings not removed from the land within 90 days after expiration of the
permit shall become the property of the state.
(c) The commissioner may grant an additional period of time
not to exceed 120 days for the removal of cut timber, equipment, and buildings
upon receipt of such request by the permit holder for good and sufficient
reasons. The commissioner may grant a
second period of time not to exceed 120 days for the removal of cut timber,
equipment, and buildings upon receipt of a request by the permit holder for
hardship reasons only.
(d)
No permit shall be issued to any person other than the purchaser in whose name
the bid was made.
Sec. 13. Minnesota
Statutes 2004, section 90.151, subdivision 6, is amended to read:
Subd. 6. Notice and approval required. The permit shall provide that the permit
holder shall not start cutting any state timber nor clear building sites nor
logging roads until the commissioner has been notified and has given prior approval
to such cutting operations. Approval
shall not be granted until the permit holder has completed a presale conference
with the state appraiser designated to supervise the cutting. The permit holder shall also give prior
notice whenever permit operations are to be temporarily halted, whenever permit
operations are to be resumed, and when permit operations are to be completed.
Sec. 14. Minnesota
Statutes 2004, section 90.151, is amended by adding a subdivision to read:
Subd. 15. Liquidated damages. The permit may include a schedule of
liquidated damage charges for breach of permit terms by the permit holder. The damage charges shall be limited to
amounts that are reasonable in light of the anticipated or actual harm caused
by the breach, the difficulties of proof of loss, and the inconvenience or
nonfeasibility of otherwise obtaining an adequate remedy.
Sec. 15. Minnesota
Statutes 2004, section 103D.271, subdivision 7, is amended to read:
Subd. 7. Termination hearing order. When the board determines a termination
petition has been filed that meets the requirements of subdivisions 4 and 5 and
the petitioners' bond has been filed, the board must, by order, set a time
by 35 days after its determination and a location within the watershed district
for a termination hearing.
Sec. 16. Minnesota
Statutes 2004, section 103I.005, subdivision 9, is amended to read:
Subd. 9. Exploratory boring. "Exploratory boring" means a
surface drilling done to explore or prospect for oil, natural gas, apatite,
diamonds, graphite, gemstones, kaolin clay, and metallic minerals,
including iron, copper, zinc, lead, gold, silver, titanium, vanadium, nickel,
cadmium, molybdenum, chromium, manganese, cobalt, zirconium, beryllium,
thorium, uranium, aluminum, platinum, palladium, radium, tantalum, tin, and
niobium, and a drilling or boring for petroleum.
Sec. 17. Laws 2003,
chapter 128, article 1, section 165, is amended to read:
Sec. 165. ISTS PILOT PROGRAM.
The Pollution Control Agency shall, in conjunction with the association
of Minnesota counties, designate three cooperating counties with waterbodies
listed as impaired by fecal coliform bacteria, and within designated counties
shall:
(1) by July 1, 2007 2008, complete an inventory
of properties with individual sewage treatment systems that are an imminent
threat to public health or safety due to surface water discharges of untreated
sewage, and the inventory of properties may be phased over the period of the
pilot project; and
(2) require compliance under the applicable requirements of
this section by May 1, 2008 2009.
The pollution control agency may utilize cooperative agreements with the
three pilot counties to meet the requirements of clauses (1) and (2).
Sec.
18. LOWER
MINNESOTA RIVER WATERSHED DISTRICT; AUTHORITY TO ACQUIRE, MAINTAIN, OPERATE,
IMPROVE, AND ENLARGE DREDGE MATERIAL SITE.
Subdivision 1.
Definitions. The definitions in this subdivision apply
to this section:
(1) "district" means the Lower Minnesota River
Watershed District, a district established under Minnesota Statutes, chapter
103D;
(2) "governing body" means the managers of the
district as defined in Minnesota Statutes, section 103D.011, subdivision 15;
and
(3) "dredge material site" means a site at which
public agencies or private customers may deposit material from dredging
activities conducted on the Minnesota River.
Subd. 2. Authorization; authority to own and
operate. The district may own
and operate a dredge material site for its own needs, the needs of other public
agencies, the needs of private customers, or any combination of these. The district may acquire, construct, and
install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so
needed. The district may sell the dredge
material to any person or entity. If the
governing body determines that the dredge material has no value, the district
may convey the dredge material for no consideration to any person or
entity. The district may hire all
personnel the governing body deems necessary and may make all necessary rules
and regulations for the operation and maintenance of the dredge material site.
Subd. 3. Charges; net revenues. (a) To pay for the acquisition,
maintenance, operation, improvement, and enlargement of the dredge material
site and to obtain and comply with permits required by law for the dredge
material site, the governing body may impose charges for permitting private
customers to deposit dredge material at the dredge material site and make
contracts for the charges as provided in this section.
(b) The amount of the charges imposed shall be established at
the discretion of the governing body. In
determining the amount of the charges to be imposed, the governing body may
give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and
equipment, the costs of improvements and enlargements, the cost of reimbursing
the district for special assessment revenues expended for the benefit of
persons or entities not subject to special assessment levies by the district,
the amount of the principal and interest to become due on obligations issued or
to be issued, the costs of obtaining and complying with permits required by
law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body
deems relevant.
(c) At its discretion, the governing body may impose a
surcharge on private customers using the dredge material site in addition to
the charges allowed under paragraph (a).
The surcharge shall be for the purpose of paying for the removal of
dredge material from the dredging site if the governing body determines it
necessary. If the governing body later
determines that there is no need to pay for the removal of the dredge material
from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
Sec. 19. APPLICATION OF STORM WATER RULES TO
COUNTIES.
Until the Pollution Control Agency storm water rules are
amended, the provisions of Minnesota Rules, part 7090.1010, subpart 1, item B,
subitems (2) and (3), only, shall not apply to counties.
Sec. 20. REPEALER.
Minnesota Statutes 2004, sections 89.011, subdivisions 1, 2,
3, and 6; and 103D.271, subdivision 6, are repealed.
ARTICLE
3
ECONOMIC DEVELOPMENT
Section 1. Minnesota
Statutes 2004, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a. Additional unclassified positions. Appointing authorities for the following
agencies may designate additional unclassified positions according to this
subdivision: the Departments of
Administration; Agriculture; Commerce; Corrections; Education; Employee
Relations; Employment and Economic Development; Explore Minnesota Tourism;
Finance; Health; Human Rights; Labor and Industry; Natural Resources; Public
Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the
Housing Finance and Pollution Control Agencies; the State Lottery; the state
Board of Investment; the Office of Administrative Hearings; the Office of
Environmental Assistance; the Offices of the Attorney General, Secretary of
State, and State Auditor; the Minnesota State Colleges and Universities; the
Higher Education Services Office; the Perpich Center for Arts Education; and
the Minnesota Zoological Board.
A position designated by an appointing authority according to
this subdivision must meet the following standards and criteria:
(1) the designation of the position would not be contrary to
other law relating specifically to that agency;
(2) the person occupying the position would report directly
to the agency head or deputy agency head and would be designated as part of the
agency head's management team;
(3) the duties of the position would involve significant
discretion and substantial involvement in the development, interpretation, and
implementation of agency policy;
(4) the duties of the position would not require primarily
personnel, accounting, or other technical expertise where continuity in the
position would be important;
(5) there would be a need for the person occupying the
position to be accountable to, loyal to, and compatible with, the governor and
the agency head, the employing statutory board or commission, or the employing
constitutional officer;
(6) the position would be at the level of division or bureau
director or assistant to the agency head; and
(7) the commissioner has approved the designation as being
consistent with the standards and criteria in this subdivision.
Sec. 2. Minnesota
Statutes 2004, section 80C.01, subdivision 4, is amended to read:
Subd. 4. Franchise. (a) "Franchise" means (1) a
contract or agreement, either express or implied, whether oral or written, for
a definite or indefinite period, between two or more persons:
(i) by which a franchisee is granted the right to engage in
the business of offering or distributing goods or services using the
franchisor's trade name, trademark, service mark, logotype, advertising, or
other commercial symbol or related characteristics;
(ii) in which the franchisor and franchisee have a community
of interest in the marketing of goods or services at wholesale, retail, by
lease, agreement, or otherwise; and
(iii)
for which the franchisee pays, directly or indirectly, a franchise fee; or
(2) a contract, lease, or other agreement, either express or
implied, whether oral or written, for a definite or indefinite period, between
two or more persons, whereby the franchisee is authorized, permitted, or
granted the right to market motor vehicle fuel at retail under the franchisor's
trade name, trademark, service mark, logotype, or other commercial symbol or
related characteristics owned or controlled by the franchisor; or
(3) the sale or lease of any products, equipment, chattels,
supplies, or services to the purchaser, other than the sale of sales
demonstration equipment, materials or samples for a total price of $500 or less
to any one person, for the purpose of enabling the purchaser to start a
business and in which the seller:
(i) represents that the seller, lessor, or an affiliate
thereof will provide locations or assist the purchaser in finding locations for
the use or operation of vending machines, racks, display cases, or similar
devices, or currency operated amusement machines or devices, on premises
neither owned or leased by the purchaser or seller; or
(ii) represents that the seller will purchase any or all
products made, produced, fabricated, grown, bred, or modified by the purchaser
using, in whole or in part, the supplies, services, or chattels sold to the
purchaser; or
(iii) guarantees that the purchaser will derive income from
the business which exceeds the price paid to the seller; or
(4) an oral or written contract or agreement, either
expressed or implied, for a definite or indefinite period, between two or more
persons, under which a manufacturer, selling security systems through dealers
or distributors in this state, requires regular payments from the distributor
or dealer as royalties or residuals for products purchased and paid for by the
dealer or distributor.
(b) "Franchise" does not include any business which
is operated under a lease or license on the premises of the lessor or licensor
as long as such business is incidental to the business conducted by the lessor
or licensor on such premises, including, without limitation, leased
departments, licensed departments, and concessions.
(c) "Franchise" does not include any contract,
lease or other agreement whereby the franchisee is required to pay less than
$100 on an annual basis, except those franchises identified in paragraph (a),
clause (2).
(d) "Franchise" does not include a contract, lease
or other agreement between a new motor vehicle manufacturer, distributor, or
factory branch and a franchisee whereby the franchisee is granted the right to
market automobiles, motorcycles, trucks, truck-tractors, or self-propelled
motor homes or campers if the foregoing are designed primarily for the transportation
of persons or property on public highways.
(e) "Franchise" does not include a contract, lease,
or other agreement or arrangement between two or more air carriers, or between
one or more air carriers and one or more foreign air carriers. The terms "air carrier" and
"foreign air carrier" shall have the meanings assigned to them by the
Federal Aviation Act, United States Code Appendix, title 49, sections 1301(3)
and 1301(22), respectively.
(f) For purposes of paragraph (a), clause (2),
"franchise" does not include the marketing of motor vehicle fuel in
circumstances where all the following are present:
(1) the franchisor or an affiliate of the franchisor is not a
refiner of motor vehicle fuel, diesel fuel, or gasoline;
(2)
the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics is not used to identify the
marketing premises generally, but only the gasoline dispensers, canopy, and
gasoline price signage, provided, however, this circumstance is not changed by
a voluntary decision by the retailer to identify the buildings on the premises
in the manner selected by the retailer;
(3) the franchisor does not impose any requirements or
franchise fee on nonmotor vehicle fuel products or sales, provided this
circumstance is not changed by a voluntary decision by the retailer to purchase
nonmotor vehicle fuel products from the franchisor or an affiliate of the
franchisor; and
(4) the facility is not leased from the franchisor or
affiliate of the franchisor.
(f) (g) For purposes of this chapter, a
person who sells motor vehicle fuel at wholesale who does not own or control,
or is not an affiliate of a person who owns or controls, the trademark, trade
name, service mark, logotype, or other commercial symbol or related
characteristics under which the motor vehicle fuel is sold at retail, is not a
franchisor or a franchisee, and is not considered to be part of a franchise
relationship.
Sec. 3. [80C.144] EXEMPT MOTOR FUEL FRANCHISES;
ALTERNATIVE COMPLIANCE.
A motor fuel franchise exempt from regulation under this
chapter pursuant to section 80C.01, subdivision 4, paragraph (f), is subject to
regulation under chapter 80F.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 115C.09, subdivision 3j, is amended to read:
Subd. 3j. Retail locations and transport vehicles. (a) As used in this subdivision, "retail
location" means a facility located in the metropolitan area as defined in
section 473.121, subdivision 2, where gasoline is offered for sale to the
general public for use in automobiles and trucks. "Transport vehicle"
means a liquid fuel cargo tank used to deliver gasoline into underground
storage tanks during 2002 and or 2003 at a retail location.
(b) Notwithstanding any other provision in this chapter, and
any rules adopted under this chapter, the board shall reimburse 90 percent of
an applicant's cost for retrofits of retail locations and transport vehicles
completed between January 1, 2001, and January September 1, 2006,
to comply with section 116.49, subdivisions 3 and 4, provided that the board
determines the costs were incurred and reasonable. The reimbursement may not exceed $3,000 per
retail location and $3,000 per transport vehicle.
EFFECTIVE
DATE. This section is
effective retroactively from August 1, 2003.
Sec. 5. Minnesota
Statutes 2004, section 116J.421, subdivision 3, is amended to read:
Subd. 3. Duties.
The center shall:
(1) research and identify present and emerging social and
economic issues for rural Minnesota, including health care, transportation,
crime, housing, and job training;
(2) forge alliances and partnerships with rural communities
to find practical solutions to economic and social problems;
(3) provide a resource center for rural communities on issues
of importance to them;
(4) encourage collaboration across higher education
institutions to provide interdisciplinary team approaches to problem solving
with rural communities; and
(5)
involve students in center projects; and
(6) submit to the legislature a report on the "State of
Rural Minnesota" no later than March 1 in each odd-numbered year.
Sec. 6. Minnesota
Statutes 2004, section 116L.04, subdivision 1, is amended to read:
Subdivision 1. Partnership program. (a) The partnership program may provide grants-in-aid
to educational or other nonprofit educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational
institution is a provider of training within the state in either the public or
private sector;
(2) the program involves skills training that is an area of
employment need; and
(3) preference will be given to educational or other
nonprofit training institutions which serve economically disadvantaged people,
minorities, or those who are victims of economic dislocation and to businesses
located in rural areas.
(b) A single grant to any one institution shall not exceed
$400,000. Up to 25 percent A
portion of a grant may be used for preemployment training.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota
Statutes 2004, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a. Pathways program. The pathways program may provide
grants-in-aid for developing programs which assist in the transition of persons
from welfare to work and assist individuals at or below 200 percent of the
federal poverty guidelines. The program
is to be operated by the board. The
board shall consult and coordinate with program administrators at the
Department of Employment and Economic Development to design and provide
services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other
nonprofit training institutions for education and training programs and
services supporting education and training programs that serve eligible
recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths
for trainees;
(3) pilot the development of an educational pathway that can
be used on a continuing basis for transitioning persons from welfare to work;
and
(4) demonstrate the active participation of Department of
Employment and Economic Development workforce centers, Minnesota State College
and University institutions and other educational institutions, and local
welfare agencies.
Pathways projects must demonstrate the active involvement and
financial commitment of private business.
Pathways projects must be matched with cash or in-kind contributions on
at least a one-to-one ratio by participating private business.
A
single grant to any one institution shall not exceed $400,000. Up to 25 percent of A portion of a
grant may be used for preemployment training.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota
Statutes 2004, section 116L.12, subdivision 4, is amended to read:
Subd. 4. Grants.
Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local,
regional, or statewide training and retention programs. Grants may be made from TANF funds, general
fund appropriations, and any other funding sources available to the board,
provided the requirements of those funding sources are satisfied. Up to 25 percent A portion of a
grant may be used for preemployment training.
Grant awards must establish specific, measurable outcomes and timelines
for achieving those outcomes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota
Statutes 2004, section 183.02, is amended by adding a subdivision to read:
Subd. 4. Inland waters. "Inland waters" means navigable
bodies of water within the boundaries of this state, excluding boundary lakes
and boundary rivers.
Sec. 10. Minnesota
Statutes 2005 Supplement, section 216C.052, subdivision 3, is amended to read:
Subd. 3. Assessment and appropriation. In addition to the amount noted in
subdivision 2, the commission may assess utilities, using the mechanism
specified in that subdivision, up to an additional $500,000 annually through
June 30, 2006 2008. The
amounts assessed under this subdivision are appropriated to the commission, and
some or all of the amounts assessed may be transferred to the commissioner of
administration, for the purposes specified in section 16B.325 and Laws 2001,
chapter 212, article 1, section 3, as needed to implement those sections.
Sec. 11. Minnesota
Statutes 2005 Supplement, section 216C.052, subdivision 4, is amended to read:
Subd. 4. Expiration. This section expires Subdivisions 1
and 2 expire June 30, 2007. Subdivision
3 expires June 30, 2008.
Sec. 12. Minnesota
Statutes 2005 Supplement, section 216C.41, subdivision 3, is amended to read:
Subd. 3. Eligibility window. Payments may be made under this section only
for electricity generated:
(1) from a qualified hydroelectric facility that is
operational and generating electricity before December 31, 2007 2009;
(2) from a qualified wind energy conversion facility that is
operational and generating electricity before January 1, 2007
2008; or
(3) from a qualified on-farm biogas recovery facility from
July 1, 2001, through December 31, 2017.
Sec. 13. Minnesota
Statutes 2004, section 216C.41, subdivision 4, is amended to read:
Subd. 4. Payment period. (a) A facility may receive payments under
this section for a ten-year period. No
payment under this section may be made for electricity generated:
(1)
by a qualified hydroelectric facility after December 31, 2017 2019;
(2) by a qualified wind energy conversion facility after
December 31, 2017 2018; or
(3) by a qualified on-farm biogas recovery facility after
December 31, 2015.
(b) The payment period begins and runs consecutively from the
date the facility begins generating electricity or, in the case of
refurbishment of a hydropower facility, after substantial repairs to the
hydropower facility dam funded by the incentive payments are initiated.
Sec. 14. Minnesota
Statutes 2004, section 298.22, subdivision 1, is amended to read:
Subdivision 1. The office of the commissioner of Iron
Range resources and rehabilitation.
(1) The office of the commissioner of Iron Range resources and
rehabilitation is created as an agency in the executive branch of state
government. The governor shall
appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.
(2) The commissioner may hold other positions or appointments
that are not incompatible with duties as commissioner of Iron Range resources
and rehabilitation. The commissioner may
appoint a deputy commissioner. All
expenses of the commissioner, including the payment of such staff and
other assistance as may be necessary, must be paid out of the amounts
appropriated by section 298.28 or otherwise made available by law to the
commissioner.
(3) When the commissioner determines that distress and
unemployment exists or may exist in the future in any county by reason of the
removal of natural resources or a possibly limited use of natural resources in
the future and any resulting decrease in employment, the commissioner may use
whatever amounts of the appropriation made to the commissioner of revenue in
section 298.28 that are determined to be necessary and proper in the
development of the remaining resources of the county and in the vocational
training and rehabilitation of its residents, except that the amount needed to
cover cost overruns awarded to a contractor by an arbitrator in relation to a
contract awarded by the commissioner or in effect after July 1, 1985, is
appropriated from the general fund. For
the purposes of this section, "development of remaining resources"
includes, but is not limited to, the promotion of tourism.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 15. Minnesota
Statutes 2004, section 298.22, subdivision 8, is amended to read:
Subd. 8. Spending priority. In making or approving any expenditures on
programs or projects, the commissioner and the board shall give the highest
priority to programs and projects that target relief to those areas of the
taconite assistance area as defined in section 273.1341, that have the largest
percentages of job losses and population losses directly attributable to the economic
downturn in the taconite industry since the 1980s. The commissioner and the board shall compare
the 1980 population and employment figures with the 2000 population and
employment figures, and shall specifically consider the job losses in 2000 and 2001
resulting from the closure of LTV Steel Mining Company, in making or approving
expenditures consistent with this subdivision, as well as the areas of
residence of persons who suffered job loss for which relief is to be targeted
under this subdivision. The
commissioner may lease, for a term not exceeding 50 years and upon the terms
determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the
office of the commissioner of Iron Range resources and rehabilitation within
those portions of the taconite assistance area affected by the closure of the
LTV Steel Mining Company facility near Hoyt Lakes. The payments and royalties from these leases
must be deposited into the fund established in section 298.292. This subdivision supersedes any other
conflicting provisions of law and does not preclude the commissioner and the
board from making expenditures for programs and projects in other areas.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
16. Minnesota Statutes 2004, section
298.22, is amended by adding a subdivision to read:
Subd. 11. Budgeting. The commissioner of Iron Range resources
and rehabilitation shall annually prepare a budget for operational
expenditures, programs, and projects, and submit it to the Iron Range Resources
and Rehabilitation Board and the governor for approval. After the budget is approved by the board and
the governor, the commissioner may spend money in accordance with the approved
budget.
Sec. 17. Minnesota
Statutes 2004, section 298.2213, subdivision 4, is amended to read:
Subd. 4. Project approval. The board and commissioner shall by
August 1 each year prepare a list of projects to be funded from the money
appropriated in this section with necessary supporting information including
descriptions of the projects, plans, and cost estimates. A project must not be approved by the board
unless it finds that:
(1) the project will materially assist, directly or
indirectly, the creation of additional long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed the
anticipated costs; and
(3) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by a majority of the Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation. The list of projects
must be submitted to the governor, who shall, by November 15 of each year,
approve, disapprove, or return for further consideration, each project. The money for a project may be spent only
upon approval of the project by the governor.
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota
Statutes 2004, section 298.223, subdivision 2, is amended to read:
Subd. 2. Administration. The taconite area environmental
protection fund shall be administered by the commissioner of the Iron Range
Resources and Rehabilitation Board. The
commissioner shall by September 1 of each year submit to the board a list of
projects to be funded from the taconite area environmental protection
fund, with such supporting information including description of the projects,
plans, and cost estimates as may be necessary.
Upon approval by a majority of the members of the Iron Range Resources
and Rehabilitation Board, this list shall be submitted to the governor by
November 1 of each year. By December 1
of each year, the governor shall approve or disapprove, or return for further
consideration, each project. Funds for a
project may be expended only upon approval of the project by the board and
governor. The commissioner may submit
supplemental projects to the board and governor for approval at any time.
Sec. 19. Minnesota
Statutes 2004, section 298.223, subdivision 3, is amended to read:
Subd. 3. Appropriation. There is hereby annually appropriated
to the commissioner of Iron Range resources and rehabilitation such
taconite area environmental protection funds as are necessary to
carry out the approved projects approved and programs
and such the funds as are necessary for administration of
this section. Annual administrative
costs, not including detailed engineering expenses for the projects, shall not
exceed five percent of the amount annually expended from the fund.
Funds for the purposes of this section are provided by
section 298.28, subdivision 11, relating to the taconite area environmental
protection fund.
Sec.
20. Minnesota Statutes 2005 Supplement,
section 298.296, subdivision 1, is amended to read:
Subdivision 1. Project approval. The board and commissioner shall by August
1 of each year prepare a list of projects to be funded from the Douglas J.
Johnson economic protection trust with necessary supporting information
including description of the projects, plans, and cost estimates. These projects shall be consistent with the
priorities established in section 298.292 and shall not be approved by the
board unless it finds that:
(a) the project will materially assist, directly or
indirectly, the creation of additional long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the
anticipated costs; and
(c) in the case of assistance to private enterprise, the
project will serve a sound business purpose.
To be proposed by the board, a Each project
must be approved by at least eight Iron Range Resources and Rehabilitation
Board members and the commissioner of Iron Range resources and
rehabilitation. The list of projects
shall be submitted to the governor, who shall, by November 15 of each year,
approve or disapprove, or return for further consideration, each project. The money for a project may be expended only
upon approval of the project by the governor.
The board may submit supplemental projects for approval at any time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota
Statutes 2005 Supplement, section 298.298, is amended to read:
298.298 LONG-RANGE PLAN.
Consistent with the policy established in sections 298.291 to
298.298, the Iron Range Resources and Rehabilitation Board shall prepare and
present to the governor and the legislature by January 1, 1984
December 31, 2006, a long-range plan for the use of the Douglas J. Johnson
economic protection trust fund for the economic development and diversification
of the taconite assistance area defined in section 273.1341. The Iron Range Resources and
Rehabilitation Board shall, before November 15 of each even numbered year,
prepare a report to the governor and legislature updating and revising this
long-range plan and reporting on the Iron Range Resources and Rehabilitation
Board's progress on those matters assigned to it by law. After January 1, 1984, No project shall
be approved by the Iron Range Resources and Rehabilitation Board which is not
consistent with the goals and objectives established in the long-range plan.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 22. Minnesota
Statutes 2005 Supplement, section 327.201, is amended to read:
327.201 STATE FAIR CAMPING
AREA.
Notwithstanding sections 327.14 to 327.28 or any rule adopted
by the commissioner of health, the State Agricultural Society must operate and
maintain a camping area on the State Fairgrounds during the State Fair and
the Minnesota Street Rod Association's Back to the 50's event, subject to
the following conditions:
(1) recreational camping vehicles and tents, including their
attachments, must be separated from each other and from other structures by at
least seven feet;
(2) a minimum area of 300 square feet per site must be provided
and the total number of sites must not exceed one site for every 300 square
feet of usable land area; and
(3)
each site must face a driveway at least 16 feet in width and each driveway must
have unobstructed access to a public roadway.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Minnesota
Statutes 2004, section 446A.03, subdivision 5, is amended to read:
Subd. 5. Executive director. The commissioner shall employ, with the
concurrence of the authority, an executive director in the unclassified
service. The director shall perform
duties that the authority may require in carrying out its responsibilities.
Sec. 24. Minnesota
Statutes 2004, section 446A.072, subdivision 7, is amended to read:
Subd. 7. Loan repayments. Notwithstanding the limitations set forth
in section 475.54, subdivision 1, this subdivision shall govern the maturities
and mandatory sinking fund redemptions of the loans under this section. A municipality receiving a loan under
this section shall repay the loan in semiannual payment amounts determined by
the authority. The payment amount must
be based on the average payments on the municipality's water pollution control
revolving fund loan or, if greater, the minimum amount required to fully repay
the loan by the maturity date. Payments
must begin within one year of the date of the municipality's final payment on
the water pollution control revolving fund loan. The final maturity date of the loan under
this section must be no later than 20 years from the date of the first
payment on the loan under this section and no later than 40 years from the
date of the first payment on the water pollution control revolving fund loan.
Sec. 25. Minnesota
Statutes 2004, section 446A.12, subdivision 1, is amended to read:
Subdivision 1. Bonding authority. The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient
funds for achieving its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority, the
establishment of reserves to secure its bonds, the payment of fees to a third
party providing credit enhancement, and the payment of all other expenditures
of the authority incident to and necessary or convenient to carry out its
corporate purposes and powers, but not including the making of grants. Bonds of the authority may be issued as bonds
or notes or in any other form authorized by law. The principal amount of bonds issued and
outstanding under this section at any time may not exceed $1,250,000,000
$1,500,000,000, excluding bonds for which refunding bonds or crossover
refunding bonds have been issued.
Sec. 26. Minnesota
Statutes 2004, section 469.312, subdivision 5, is amended to read:
Subd. 5. Duration limit. (a) The maximum duration of a zone is
12 years. The applicant may request a
shorter duration. The commissioner may
specify a shorter duration, regardless of the requested duration.
(b) The duration limit under this subdivision and the
duration of the zone for purposes of allowance of tax incentives described in
section 469.315 is extended by three calendars years for each parcel of
property that meets the following requirements:
(1) the qualified business operates an ethanol plant, as
defined in section 41A.09, on the site that includes the parcel; and
(2) the business subsidy agreement was executed after April
30, 2006.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
27. Laws 2005, First Special Session
chapter 1, article 3, section 17, is amended to read:
Sec. 17. FUND TRANSFER.
By June 30, 2007, the commissioner of the Pollution
Control Agency shall transfer $4,000,000 is appropriated from the
metropolitan landfill contingency action trust account within the remediation
fund to the commissioner of finance for transfer to the renewable development
account, under Minnesota Statutes, section 116C.779. This is a onetime transfer from the
metropolitan landfill contingency action trust account to the renewable
development account appropriation.
It is the intent of the legislature to restore these funds to the
metropolitan landfill contingency action trust account as revenues become
available in the future to ensure the state meets future financial obligations
under Minnesota Statutes, section 473.845.
The funds provided for in this transfer appropriation may
only be used to make the incentive payments for wind energy conversion systems
authorized under Minnesota Statutes, section 116C.779, subdivision 2.
ARTICLE 4
MISCELLANEOUS
Section 1. Minnesota
Statutes 2004, section 97A.045, subdivision 11, is amended to read:
Subd. 11. Power to prevent or control wildlife
disease. (a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease,
the commissioner may prevent or control wildlife disease in a species of wild
animal in addition to the protection provided by the game and fish laws by
further limiting, closing, expanding, or opening seasons or areas of the state;
by reducing or increasing limits in areas of the state; by establishing disease
management zones; by authorizing free licenses; by allowing shooting from motor
vehicles by persons designated by the commissioner; by issuing replacement
licenses for sick animals; by requiring sample collection from hunter-harvested
animals; by limiting wild animal possession, transportation, and disposition;
and by restricting wildlife feeding.
(b) The commissioner shall restrict wildlife feeding within
a 15-mile radius of a cattle herd that is infected with bovine tuberculosis.
(c) The commissioner may prevent or control wildlife
disease in a species of wild animal in the state by emergency rule adopted
under section 84.027, subdivision 13.
Sec. 2. Minnesota
Statutes 2004, section 115B.48, subdivision 3, is amended to read:
Subd. 3. Dry cleaning facility. "Dry cleaning facility" means a
facility located in this state that is or has been used for a dry cleaning
operation, other than:
(1) a coin-operated dry cleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established
under the federal Superfund Act; or
(6)
a facility at which a response action has been taken or started under
section 115B.17 before July 1, 1995, except as authorized in a settlement
agreement approved by the commissioner by July 1, 1997.
Sec. 3. CONSUMPTIVE USE OF WATER.
Pursuant to Minnesota Statutes, section 103G.265, subdivision
3, the legislature approves the consumptive use of water under a permit of more
than 2,000,000 gallons per day average in a 30-day period in Itasca County, in
connection with an innovative energy project facility, subject to the
commissioner of natural resources making a determination that the water
remaining in the basin of origin will be adequate to meet the basin's need for
water and approval by the commissioner of natural resources of all applicable
permits."
Renumber the sections in sequence and correct the internal
references
Amend the title accordingly
The motion prevailed and the amendment was
adopted.
Hackbarth moved to amend S. F. No. 2973, as amended, as
follows:
Page 1, after line 17, insert:
"ARTICLE 1
TECHNICAL AMENDMENTS"
Page 11, line 5, delete "sections 85.015, subdivision
14, and" and insert "section"
Page 11, line 6, delete "are" and insert
"is"
Page 11, after line 10, insert:
"ARTICLE 2
POLICY AMENDMENTS
Section 1. Minnesota
Statutes 2004, section 84.92, subdivision 8, is amended to read:
Subd. 8. All-terrain vehicle or vehicle. "All-terrain vehicle" or
"vehicle" means a motorized flotation-tired vehicle of not less than
three low pressure tires, but not more than six tires, that is limited in
engine displacement of less than 800 cubic centimeters and total dry weight
less than 900 pounds includes a class 1 all-terrain vehicle and class 2
all-terrain vehicle.
Sec. 2. Minnesota
Statutes 2004, section 84.92, is amended by adding a subdivision to read:
Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle"
means an all-terrain vehicle that has a total dry weight of less than 900
pounds.
Sec.
3. Minnesota Statutes 2004, section 84.92,
is amended by adding a subdivision to read:
Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle"
means an all-terrain vehicle that has a total dry weight of 900 to 1,500
pounds.
Sec. 4. Minnesota
Statutes 2005 Supplement, section 84.9256, subdivision 1, is amended to read:
Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on public road
rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle
along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or waters,
except as provided in paragraph (e) (f).
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may make a direct
crossing of a public road right-of-way of a trunk, county state-aid, or county
highway or operate on public lands and waters, only if that person possesses a
valid all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age or older
who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificate, a
person at least 12 years old, but less than 16 years old, must:
(1) successfully complete the safety education and training
program under section 84.925, subdivision 1, including a riding component; and
(2) be able to properly reach and control the handle bars and
reach the foot pegs while sitting upright on the seat of the all-terrain
vehicle.
(e) A person at least 11 years of age may take the safety
education and training program and may receive an all-terrain vehicle safety
certificate under paragraph (d), but the certificate is not valid until the
person reaches age 12.
(f) A person at least ten years of age but under 12 years
of age may operate an all-terrain vehicle with an engine capacity up to 90cc on
public lands or waters if accompanied by a parent or legal guardian.
(g) A person under 15 years of age shall not operate a class
2 all-terrain vehicle.
Sec. 5. Minnesota
Statutes 2005 Supplement, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) A parent or guardian may operate an a class 1
all-terrain vehicle carrying one passenger who is under 16 years of age and who
wears a safety helmet approved by the commissioner of public safety.
(b) For the purpose of this section, "guardian"
means a legal guardian of a person under age 16, or a person 18 or older who
has been authorized by the parent or legal guardian to supervise the person under
age 16.
(c)
A person 18 years of age or older may operate an all-terrain vehicle carrying
one passenger who is 16 or 17 years of age and wears a safety helmet approved
by the commissioner of public safety.
(d) A person 18 years of age or older may operate an
all-terrain vehicle carrying one passenger who is 18 years of age or older.
(e) An operator of a class 2 all-terrain vehicle may carry
two passengers.
Sec. 6. Minnesota
Statutes 2005 Supplement, section 84.926, subdivision 4, is amended to read:
Subd. 4. Off-road and all-terrain vehicles; limited
or managed forests; trails.
Notwithstanding section 84.777, but subject to the commissioner's
authority under subdivision 5, on state forest lands classified as limited or
managed, other than the Richard J. Dorer Memorial Hardwood Forest, a person may
use vehicles registered under chapter 168 or section 84.798 or 84.922,
including class 2 all-terrain vehicles, on forest trails that are not
designated for a specific use when:
(1) hunting big game or transporting or installing hunting
stands during October, November, and December, when in possession of a valid
big game hunting license;
(2) retrieving big game in September, when in possession of a
valid big game hunting license;
(3) tending traps during an open trapping season for
protected furbearers, when in possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow
dealer, private fish hatchery, or aquatic farm license.
Sec. 7. Minnesota
Statutes 2005 Supplement, section 84.928, subdivision 1, is amended to read:
Subdivision 1. Operation on roads and rights-of-way;
class 1 vehicles. (a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate an
a class 1 all-terrain vehicle in this
state along or on the roadway, shoulder, or inside bank or slope of a public
road right-of-way of a trunk, county state-aid, or county highway other than in
the ditch or the outside bank or slope of a trunk, county state-aid, or county
highway unless prohibited under paragraph (b).
(b) A road authority as defined under section 160.02,
subdivision 25, may after a public hearing restrict the use of class 1
all-terrain vehicles in the ditch or outside bank or slope of a public road
right-of-way under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and
(i) do not apply to the operation of an a class 1 all-terrain
vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope
of a trunk, interstate, county state-aid, or county highway when the class 1
all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or
privately owned utility or pipeline company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for
a period of time if the commissioner determines that use of the right-of-way
causes:
(1) degradation of vegetation on adjacent public property;
(2)
siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to
individuals on adjacent public property.
(e) The commissioner must notify the road authority as soon
as it is known that a closure will be ordered.
The notice must state the reasons and duration of the closure.
(f) A person may operate an a class 1
all-terrain vehicle registered for private use and used for agricultural
purposes or a class 2 all-terrain vehicle on a public road right-of-way
of a trunk, county state-aid, or county highway in this state if the class 1
or class 2 all-terrain vehicle is operated on the extreme right-hand side
of the road, and left turns may be made from any part of the road if it is safe
to do so under the prevailing conditions.
(g) A person shall not operate an a class 1
all-terrain vehicle within the public road right-of-way of a trunk, county
state-aid, or county highway from April 1 to August 1 in the agricultural zone
unless the vehicle is being used exclusively as transportation to and from work
on agricultural lands. This paragraph
does not apply to an agent or employee of a road authority, as defined in
section 160.02, subdivision 25, or the Department of Natural Resources when
performing or exercising official duties or powers.
(h) A person shall not operate an a class 1
all-terrain vehicle within the public road right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour after sunset to
one-half hour before sunrise, except on the right-hand side of the right-of-way
and in the same direction as the highway traffic on the nearest lane of the
adjacent roadway.
(i) A person shall not operate an a class 1
all-terrain vehicle at any time within the right-of-way of an interstate
highway or freeway within this state.
Sec. 8. Minnesota
Statutes 2004, section 84.928, is amended by adding a subdivision to read:
Subd. 8. Operation; class 2 vehicles. Except as provided in section 84.926,
subdivision 4, operation of class 2 all-terrain vehicles on public lands is
limited to forest roads, minimum maintenance roads, and trails designated or
signed for class 2 all-terrain vehicles.
Sec. 9. Minnesota
Statutes 2004, section 84.943, subdivision 3, is amended to read:
Subd. 3. Appropriations must be matched by private
funds. Appropriations transferred to
the critical habitat private sector matching account and money credited to the
account under section 168.1296, subdivision 5, may be expended only to the
extent that they are matched equally with contributions to the account
from private sources or by funds contributed to the nongame wildlife management
account. The private contributions may
be made in cash or in contributions of, property, land or
interests in land that are designated by the commissioner of natural
resources as program acquisitions.
Appropriations transferred to the account that are not matched within
three years from the date of the appropriation shall cancel to the source of
the appropriation. For the purposes of
this section, the private contributions of property, land, or
interests in land that are retained by the commissioner shall be valued
in accordance with their appraised value.
Sec. 10. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 3a. Bonus permit. "Bonus permit" means a license
to take and tag deer by archery or firearms, in addition to deer authorized to
be taken under regular firearms or archery licenses.
Sec.
11. Minnesota Statutes 2004, section
97A.015, is amended by adding a subdivision to read:
Subd. 14a.
Deer. "Deer" means white-tailed or
mule deer.
Sec. 12. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 26b.
Intensive deer area. "Intensive deer area" means an
area of the state where taking a deer of either sex is allowed and where
multiple bonus permits are authorized.
Sec. 13. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 27b.
Lottery deer area. "Lottery deer area" means an
area of the state where taking antlerless deer is allowed only by either-sex
permit and where no bonus permits are authorized.
Sec. 14. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 27c.
Managed deer area. "Managed deer area" means an
area of the state where taking a deer of either sex is allowed and where one
bonus permit is authorized.
Sec. 15. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 32a.
Muzzle-loader season. "Muzzle-loader season" means the
firearms deer season option open only for legal muzzle-loading firearms, as
prescribed by the commissioner.
Sec. 16. Minnesota
Statutes 2004, section 97A.015, is amended by adding a subdivision to read:
Subd. 41a.
Regular firearms season. "Regular firearms season" means
any of the firearms deer season options prescribed by the commissioner that
begin in November, exclusive of the muzzle-loader season.
Sec. 17. Minnesota
Statutes 2004, section 97A.055, subdivision 2, is amended to read:
Subd. 2. Receipts. The commissioner of finance shall credit to
the game and fish fund all money received under the game and fish laws and
all income from state lands acquired by purchase or gift for game or fish
purposes, including receipts from:
(1) licenses and permits issued;
(2) fines and forfeited bail;
(3) sales of contraband, wild animals, and other property
under the control of the division;
(4) fees from advanced education courses for hunters and
trappers;
(5) reimbursements of expenditures by the division;
(6) contributions to the division; and
(7) revenue credited to the game and fish fund under section
297A.94, paragraph (e), clause (1).
Sec.
18. Minnesota Statutes 2004, section
97A.065, subdivision 2, is amended to read:
Subd. 2. Fines and forfeited bail. (a) Fines and forfeited bail collected from
prosecutions of violations of: the game
and fish laws or rules adopted thereunder; sections 84.091 to 84.15 or rules
adopted thereunder; sections 84.81 to 84.91 or rules adopted thereunder;
section 169A.20, when the violation involved an off-road recreational vehicle
as defined in section 169A.03, subdivision 16; chapter 348; and any other law
relating to wild animals or aquatic vegetation, must be paid to the treasurer of
the county where the violation is prosecuted.
The county treasurer shall submit one-half of the receipts to the
commissioner and credit the balance to the county general revenue fund except
as provided in paragraphs (b), and (c), and (d). In a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), the share that would otherwise
go to the county under this paragraph must be submitted to the commissioner of
finance for deposit in the state treasury and credited to the general fund.
(b) The commissioner may reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for violations of
the game and fish laws under this section if the county board, by resolution,
directs: (1) the county treasurer to submit all game and fish fines and
forfeited bail to the commissioner; and (2) the county auditor to certify and
submit monthly itemized statements to the commissioner.
(c) (b) The county treasurer shall submit one-half
of the receipts collected under paragraph (a) from prosecutions of violations
of sections 84.81 to 84.91 or rules adopted thereunder, and 169A.20, except
receipts that are surcharges imposed under section 357.021, subdivision 6, to
the commissioner and credit the balance to the county general fund. The commissioner shall credit these receipts
to the snowmobile trails and enforcement account in the natural resources fund.
(d) (c) The county treasurer shall
indicate the amount of the receipts that are surcharges imposed under section
357.021, subdivision 6, and shall submit all of those receipts to the
commissioner of finance.
Sec. 19. Minnesota
Statutes 2004, section 97A.075, subdivision 1, is amended to read:
Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision,
"deer license" means a license issued under section 97A.475,
subdivisions 2, clauses (4), (5), (9), (11), (13), and (14), and 3, clauses
(2), (3), and (7), and licenses issued under section 97B.301, subdivision 4.
(b) At least $2 from each annual deer license and $2
annually from the lifetime fish and wildlife trust fund, established in section
97A.4742, for each license issued under section 97A.473, subdivision 4, shall
be credited to the deer management account and shall be used for deer habitat
improvement or deer management programs.
(c) At least $1 from each annual deer license and each
bear license and $1 annually from the lifetime fish and wildlife trust fund,
established in section 97A.4742, for each license issued under section 97A.473,
subdivision 4, shall be credited to the deer and bear management account and
shall be used for deer and bear management programs, including a
computerized licensing system.
(d) Fifty cents from each deer license is credited to
the emergency deer feeding and wild cervidae health management account and is appropriated
for emergency deer feeding and wild cervidae health management. Money appropriated for emergency deer feeding
and wild cervidae health management is available until expended. When the unencumbered balance in the
appropriation for emergency deer feeding and wild cervidae health management at
the end of a fiscal year exceeds $2,500,000 for the first time, $750,000 is
canceled to the unappropriated balance of the game and fish fund. The commissioner must inform the legislative
chairs of the natural resources finance committees every two years on how the
money for emergency deer feeding and wild cervidae health management has been
spent.
Thereafter,
when the unencumbered balance in the appropriation for emergency deer feeding
and wild cervidae health management exceeds $2,500,000 at the end of a fiscal
year, the unencumbered balance in excess of $2,500,000 is canceled and
available for deer and bear management programs and computerized licensing.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec. 20. Minnesota
Statutes 2004, section 97A.085, subdivision 4, is amended to read:
Subd. 4. Establishment by petition of county
residents. The commissioner may
designate as a game refuge public waters or a contiguous area described in a
petition, signed by 50 or more residents of the county where the public waters
or area is located. The game refuge must
be a contiguous area of at least 640 acres unless it borders or includes a
marsh, or other body of water or watercourse suitable for wildlife
habitat. The game refuge may be
designated only if the commissioner finds that protected wild animals are
depleted and are in danger of extermination, or that it will best serve the
public interest. If any of the land
area in the proposed game refuge is privately owned and the commissioner
receives a petition opposing designation of the refuge signed by the owners,
lessees, or persons in possession of at least 75 percent of the private land
area within the proposed game refuge, the commissioner shall not designate the
private lands as a game refuge.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Minnesota
Statutes 2004, section 97A.101, subdivision 4, is amended to read:
Subd. 4. Restrictions on airboats, watercraft, and
recreational vehicles. (a) The use
of airboats is prohibited at all times on lakes designated for wildlife
management purposes under this section unless otherwise authorized by the commissioner.
(b) The commissioner may restrict the use of motorized
watercraft and recreational vehicles on lakes designated for wildlife
management purposes by posting all public access points on the designated
lake. To minimize disturbance to
wildlife or to protect wildlife habitat, the commissioner may restrict the type
of allowable motorized watercraft or recreational vehicle, horsepower or thrust
of motor, speed of operation, and season or area of use. Designation of areas, times, and types of
restrictions to be posted shall be by written order published in the State
Register. Posting of the restrictions is
not subject to the rulemaking provisions of chapter 14 and section 14.386 does
not apply.
(c) Before the commissioner establishes perpetual restrictions
under paragraph (b), public comment must be received and a public meeting must
be held in the county where the largest portion of the lake is located. Notice of the meeting must be published in a
news release issued by the commissioner and in a newspaper of general
circulation in the area where the waters are located. The notice must be published at least once
between 30 and 60 days before the public meeting and at least once between
seven and 30 days before the meeting.
The notices required in this paragraph must summarize the proposed
action, invite public comment, and specify a deadline for the receipt of public
comments. The commissioner shall mail a
copy of each required notice to persons who have registered their names with
the commissioner for this purpose. The
commissioner shall consider any public comments received in making a final
decision. This paragraph does not apply
to temporary restrictions that expire within 90 days of the effective date of
the restrictions.
Sec. 22. Minnesota
Statutes 2004, section 97A.221, subdivision 3, is amended to read:
Subd. 3. Procedure for confiscation of property
seized. The enforcement officer must
hold the seized property. The property
held may be confiscated when:
(1)
the person from whom the property was seized is convicted, the conviction is
not under appeal, and the time period for appeal of the conviction has expired;
or
(2) the property seized is contraband consisting of a wild
animal, wild rice, or other aquatic vegetation.
Sec. 23. Minnesota
Statutes 2004, section 97A.221, subdivision 4, is amended to read:
Subd. 4. Disposal of confiscated property. Confiscated property may be disposed of or
retained for use by the commissioner, or sold at the highest price obtainable
as prescribed by the commissioner. Upon
acquittal or dismissal of the charged violation for which the property was
seized, :
(1) all property, other than contraband consisting of a
wild animal, wild rice, or other aquatic vegetation, must be returned to the
person from whom the property was seized; and
(2) the commissioner shall reimburse the person for any seized
or confiscated property that is sold, lost, or damaged.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota
Statutes 2004, section 97A.225, subdivision 2, is amended to read:
Subd. 2. Procedure for confiscation of property
seized. The enforcement officer must
hold the seized property, subject to the order of the court having jurisdiction
where the offense was committed. The
property held is confiscated when:
(1) the commissioner complies with this section and;
(2) the person from whom it was seized is convicted of the
offense; and
(3) the conviction is not under appeal and the time period for
appeal of the conviction has expired.
Sec. 25. Minnesota
Statutes 2004, section 97A.225, subdivision 5, is amended to read:
Subd. 5. Court order. (a) If the person arrested is acquitted, the
court shall dismiss the complaint against the property and:
(1) order it returned to the person legally entitled to it;
and
(2) order the commissioner to reimburse the person for any
seized or confiscated property that is sold, lost, or damaged.
(b) Upon conviction of the person, the court shall issue an
order directed to any person that may have any right, title, or interest in, or
lien upon, the seized property. The
order must describe the property and state that it was seized and that a
complaint against it has been filed. The
order shall require a person claiming right, title, or interest in, or lien
upon, the property to file with the court administrator an answer to the
complaint, stating the claim, within ten days after the service of the
order. The order shall contain a notice
that if the person fails to file an answer within the time limit, the property
may be ordered sold by the commissioner.
(c) The court order must be served upon any person known or
believed to have any right, title, interest, or lien in the same manner as
provided for service of a summons in a civil action, and upon unknown persons
by publication, in the same manner as provided for publication of a summons in
a civil action.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec.
26. Minnesota Statutes 2004, section
97A.251, subdivision 1, is amended to read:
Subdivision 1. Unlawful conduct. A person may not:
(1) intentionally hinder, resist, or obstruct an enforcement
officer, agent, or employee of the division in the performance of official
duties;
(2) refuse to submit to inspection of firearms
equipment used to take wild animals while in the field, licenses, or wild
animals; or
(3) refuse to allow inspection of a motor vehicle, boat, or
other conveyance used while taking or transporting wild animals.
Sec. 27. Minnesota
Statutes 2004, section 97A.321, is amended to read:
97A.321 DOGS PURSUING OR
KILLING BIG GAME.
The owner of a dog that pursues but does not kill a big game
animal is subject to a civil penalty of $100 for each violation. The owner of a dog that kills or
pursues a big game animal is guilty of a petty misdemeanor and is
subject to a civil penalty of up to $500 for each violation.
Sec. 28. Minnesota
Statutes 2005 Supplement, section 97A.405, subdivision 4, is amended to read:
Subd. 4. Replacement licenses. (a) The commissioner may permit licensed deer
hunters to change zone, license, or season options. The commissioner may issue a replacement
license if the applicant submits the original deer license and unused tags that
are being replaced and the applicant pays any increase in cost between the
original and the replacement license.
When a person submits both an archery and a firearms license for
replacement, the commissioner may apply the value of both licenses towards the
replacement license fee.
(b) A replacement license may be issued only if the applicant
has not used any tag from the original license and meets the conditions of
paragraph (c). The original license and
all unused tags for that license must be submitted to the issuing agent at the
time the replacement license is issued.
(c) A replacement license may be issued under the following
conditions, or as otherwise prescribed by rule of the commissioner:
(1) when the season for the license being surrendered has not
yet opened; or
(2) when the person is upgrading from a regular firearms or
archery deer license to a multizone or all season deer license that
is valid in multiple zones.
(d) Notwithstanding section 97A.411, subdivision 3, a
replacement license is valid immediately upon issuance if the license being
surrendered is valid at that time.
Sec. 29. Minnesota
Statutes 2004, section 97A.465, is amended by adding a subdivision to read:
Subd. 6. Special hunts for military personnel. The commissioner may by rule establish
criteria, special seasons, and limits for military personnel and veterans to
take big game and small game by firearms or archery in designated areas or
times. A person hunting under this
subdivision must be participating in a hunt sponsored and administered by the
Minnesota Department of Military Affairs or the Minnesota Department of
Veterans Affairs.
Sec.
30. Minnesota Statutes 2004, section
97A.475, subdivision 2, is amended to read:
Subd. 2. Resident hunting. Fees for the following licenses, to be issued
to residents only, are:
(1) for persons age 18 or over and under age 65 to take small
game, $12.50;
(2) for persons ages 16 and 17 and age 65 or over, $6 to take
small game;
(3) to take turkey, $18;
(4) for persons age 18 or over to take deer with firearms,
$26;
(5) for persons age 18 or over to take deer by archery, $26;
(6) to take moose, for a party of not more than six persons,
$310;
(7) to take bear, $38;
(8) to take elk, for a party of not more than two persons,
$250;
(9) multizone license to take antlered deer in more
than one zone, $52;
(10) to take Canada geese during a special season, $4;
(11) all season license to take two deer throughout
the state in any open deer season, except as restricted under section 97B.305,
$78;
(12) to take prairie chickens, $20;
(13) for persons at least age 12 and under age 18 to take
deer with firearms during the regular firearms season in any open zone or
time period, $13; and
(14) for persons at least age 12 and under age 18 to take
deer by archery, $13.
Sec. 31. Minnesota
Statutes 2005 Supplement, section 97A.475, subdivision 3, is amended to read:
Subd. 3. Nonresident hunting. Fees for the following licenses, to be issued
to nonresidents, are:
(1) to take small game, $73;
(2) to take deer with firearms, $135;
(3) to take deer by archery, the greater of:
(i) an amount equal to the total amount of license fees and
surcharges charged to a Minnesota resident to take deer by archery in the
person's state or province of residence; or
(ii) $135;
(4) to take bear, $195;
(5)
to take turkey, $73;
(6) to take raccoon, bobcat, fox, or coyote, $155;
(7) multizone license to take antlered deer in more
than one zone, $270; and
(8) to take Canada geese during a special season, $4.
Sec. 32. Minnesota
Statutes 2004, section 97A.475, subdivision 20, is amended to read:
Subd. 20. Trapping license. The fee for a license to trap fur-bearing
animals is:
(1) for residents over age 13 and under age 18, $6;
(2) for residents age 18 and older or over and under
age 65, $20; and
(3) for residents age 65 or over, $10; and
(4) for nonresidents, $73.
EFFECTIVE
DATE. This section is
effective March 1, 2007.
Sec. 33. Minnesota
Statutes 2004, section 97A.535, subdivision 1, is amended to read:
Subdivision 1. Tags required. (a) A person may not possess or
transport deer, bear, elk, or moose taken in the state unless a tag is attached
to the carcass in a manner prescribed by the commissioner. The commissioner must prescribe the type of
tag that has the license number of the owner, the year of its issue, and other
information prescribed by the commissioner.
(b) The tag and the license must be validated at the site of
the kill as prescribed by the commissioner.
(c) Except as otherwise provided in this section, the tag
must be attached to the deer, bear, elk, or moose at the site of the kill
before the animal is removed from the site of the kill, and.
(d) The tag must remain attached to the animal
until the animal is processed for storage.
(e) A person may move a lawfully taken deer, bear, elk, or
moose from the site of the kill without attaching the validated tag to the
animal only while in the act of manually or mechanically dragging, carrying, or
carting the animal across the ground and while possessing the validated tag on
their person. A motor vehicle may be
used to drag the animal across the ground.
At all other times, the validated tag must be attached to the deer, bear,
elk, or moose:
(1) as otherwise provided in this section; and
(2) prior to the animal being placed onto and transported on a
motor vehicle, being hung from a tree or other structure or device, or being
brought into a camp or yard or other place of habitation.
Sec. 34. Minnesota
Statutes 2005 Supplement, section 97A.551, subdivision 6, is amended to read:
Subd. 6. Tagging and registration. The commissioner may, by rule, require
persons taking, possessing, and transporting certain species of fish to tag the
fish with a special fish management tag and may require registration of tagged
fish. A person may not possess or
transport a fish species taken in the state for which a special fish management
tag is required unless a tag is attached to the fish in a manner prescribed by
the commissioner. The commissioner
shall prescribe the manner of issuance and the type of tag as authorized under
section 97C.087. The tag must be
attached to the fish as prescribed by the commissioner immediately upon
reducing the fish to possession and must remain attached to the fish until the
fish is processed or consumed. Species
for which a special fish management tag is required must be transported
undressed, except as otherwise prescribed by the commissioner.
Sec. 35. Minnesota
Statutes 2004, section 97B.021, is amended by adding a subdivision to read:
Subd. 1a. Parent or guardian duties. A parent or guardian may not knowingly
direct, allow, or permit a person under the age of 16 to possess a firearm in
violation of this section.
Sec. 36. Minnesota
Statutes 2004, section 97B.081, subdivision 1, is amended to read:
Subdivision 1. With firearms and bows. (a) A person may not cast the rays of a
spotlight, headlight, or other artificial light on a highway, or in a field,
woodland, or forest, to spot, locate, or take a wild animal, except while taking
raccoons in accordance with section 97B.621, subdivision 3, or tending traps in
accordance with section 97B.931, while having in possession, either
individually or as one of a group of persons, a firearm, bow, or other
implement that could be used to kill big game.
(b) This subdivision does not apply to a firearm that is:
(1) unloaded;
(2) in a gun case expressly made to contain a firearm that
fully encloses the firearm by being zipped, snapped, buckled, tied, or
otherwise fastened without any portion of the firearm exposed; and
(3) in the closed trunk of a motor vehicle.
(c) This subdivision does not apply to a bow that is:
(1) completely encased or unstrung; and
(2) in the closed trunk of a motor vehicle.
(d) If the motor vehicle under paragraph (b) or (c) does not
have a trunk, the firearm or bow must be placed in the rearmost location of the
vehicle.
(e) This subdivision does not apply to persons taking
raccoons under section 97B.621, subdivision 3.
(f) This subdivision does not apply to a person hunting fox
or coyote from January 1 to March 15 while using a hand-held artificial light,
provided that the person:
(1) is on foot;
(2) is using a shotgun;
(3) is not within a public road right-of-way;
(4) is using a hand-held or electronic calling device; and
(5) is not within 200 feet of a motor vehicle.
Sec.
37. [97B.22]
COLLECTING ANTLER SHEDS.
(a) A person may take and possess naturally shed antlers
without a license.
(b) A person may not place, arrange, or set equipment in a
manner that is likely to artificially pull, sever, or otherwise cause antlers
of live deer, moose, elk, or caribou to be shed or removed.
Sec. 38. Minnesota
Statutes 2004, section 97B.301, subdivision 7, is amended to read:
Subd. 7. All season deer license. (a) A resident may obtain an all season deer
license. This license that
authorizes the resident to take one buck by firearm or archery hunt
during any season statewide. In
addition, a resident obtaining this license may take one antlerless deer: the archery, regular firearms, and
muzzle-loader seasons. The all season
license is valid for taking three deer, no more than one of which may be a
legal buck.
(1) by firearms in the regular firearms season if the
resident first obtains an antlerless deer permit or if the resident takes the
antlerless deer in an area where the commissioner has authorized taking a deer
of either sex without an antlerless permit;
(2) by archery in the archery season; or
(3) by muzzleloader in the muzzleloader season.
(b) The all season deer license is valid for taking
antlerless deer as follows:
(1) up to two antlerless deer may be taken during the archery
or muzzle-loader seasons in any open area or during the regular firearms season
in managed or intensive deer areas; and
(2) one antlerless deer may be taken during the regular
firearms season in a lottery deer area, only with an either-sex permit or
statutory exemption from an either-sex permit.
(c) The commissioner shall issue one tag for a buck and
one tag for an antlerless deer three tags when issuing a license
under this subdivision.
Sec. 39. Minnesota
Statutes 2004, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND
RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and
designate areas where deer may be taken, including hunter selection criteria
for special hunts established under section 97A.401, subdivision 4. The commissioner may, by rule, prescribe the
open seasons for deer within the following periods:
(1) taking with firearms, other than muzzle-loading firearms,
between November 1 and December 15;
(2) taking with muzzle-loading firearms between September 1
and December 31; and
(3) taking by archery between September 1 and December 31.
(b) Notwithstanding paragraph (a), the commissioner may
establish special seasons within designated areas at any time of year.
(c) Smokeless gunpowder may not be used in a muzzle-loader
during the muzzle-loader season.
Sec.
40. [97B.318]
ARMS USE AREAS AND RESTRICTIONS; REGULAR FIREARMS SEASON.
Subdivision 1.
Shotgun use area. During the regular firearms season in the
shotgun use area, only legal shotguns loaded with single-slug shotgun shells,
legal muzzle-loading long guns, and legal handguns may be used for taking
deer. Legal shotguns include those with
rifled barrels. The shotgun use area is
that portion of the state lying within the following described boundary: Beginning on the west boundary of the state
at U.S. Highway 10; thence along
U.S. Highway 10 to State Trunk Highway (STH)
32; thence along STH 32 to STH 34; thence along STH 34 to Interstate Highway 94
(I-94); thence along I-94 to County State Aid Highway (CSAH) 40, Douglas
County; thence along CSAH 40 to CSAH 82, Douglas County; thence along CSAH 82
to CSAH 22, Douglas County; thence along CSAH 22 to CSAH 6, Douglas County;
thence along CSAH 6 to CSAH 14, Douglas County; thence along CSAH 14 to STH 29;
thence along STH 29 to CSAH 46, Otter Tail County; thence along CSAH 46, Otter
Tail County, to CSAH 22, Todd County; thence along CSAH 22 to U.S. Highway 71; thence along U.S. Highway 71 to STH 27; thence along STH 27 to
the Mississippi River; thence along the east bank of the Mississippi River to
STH 23; thence along STH 23 to STH 95; thence along STH 95 to U.S. Highway 8; thence along U.S. Highway 8 to the eastern boundary of the
state; thence along the east, south, and west boundaries of the state to the
point of beginning.
Subd. 2. All legal firearms use area. The all legal firearms use area is that
part of the state lying outside of the shotgun use area.
Sec. 41. [97B.327] REPORT; DEER OTHER THAN
WHITE-TAILED OR MULE.
A hunter legally taking a deer that is not a white-tailed or
mule deer must report the type of deer taken to the commissioner of natural
resources within seven days of taking.
Violation of this section shall not result in a penalty and is not
subject to section 97A.301.
Sec. 42. Minnesota
Statutes 2004, section 97C.025, is amended to read:
97C.025 FISHING AND
MOTORBOATS RESTRICTED IN CERTAIN AREAS.
(a) The commissioner may prohibit or restrict the taking of
fish or the operation of motorboats by posting waters that:
(1) are designated as spawning beds or fish preserves;
(2) are being used by the commissioner for fisheries research
or management activities; or
(3) are licensed by the commissioner as a private fish
hatchery or aquatic farm under section 17.4984, subdivision 1, or 97C.211,
subdivision 1.
An area may
be posted under this paragraph if necessary to prevent excessive depletion of
fish or interference with fisheries research or management activities or
private fish hatchery or aquatic farm operations.
(b) The commissioner will consider the following criteria in
determining if waters licensed under a private fish hatchery or aquatic farm
should be posted under paragraph (a):
(1) the waters contain game fish brood stock that are vital
to the private fish hatchery or aquatic farm operation;
(2) game fish are present in the licensed waters only as a
result of aquaculture activities by the licensee; and
(3) no public access to the waters existed when the waters
were first licensed.
(c)
A private fish hatchery or aquatic farm licensee may not take fish or authorize
others to take fish in licensed waters that are posted under paragraph (a),
except as provided in section 17.4983, subdivision 3, and except that if waters
are posted to allow the taking of fish under special restrictions, licensees
and others who can legally access the waters may take fish under those special
restrictions.
(d) Before March 1, 2003, riparian landowners adjacent to
licensed waters on April 30, 2002, and riparian landowners who own land
adjacent to waters licensed after April 30, 2002, on the date the waters become
licensed waters, plus their children and grandchildren, may take two daily
limits of fish per month under an angling license subject to the other limits
and conditions in the game and fish laws.
(e) Except as provided in paragraphs (c), (d), and (f), a
person may not take fish or operate a motorboat if prohibited by posting under
paragraph (a).
(f) An owner of riparian land adjacent to an area posted under
paragraph (a) may operate a motorboat through the area by the shortest direct
route at a speed of not more than five miles per hour.
(g) Postings for water bodies designated under paragraph (a),
clause (1), or being used for fisheries research or management under paragraph
(a), clause (2), are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
Sec. 43. Minnesota
Statutes 2004, section 97C.081, subdivision 4, is amended to read:
Subd. 4. Restrictions. The commissioner may by rule establish
restrictions on fishing contests to protect fish and fish habitat, to
restrict activities during high use periods, to restrict activities that affect
research or management work, to restrict the number of boats, and for the
safety of contest participants.
Sec. 44. Minnesota
Statutes 2004, section 97C.081, subdivision 6, is amended to read:
Subd. 6. Permit application process. (a) Beginning September August
1 each year, the commissioner shall accept permit applications for fishing
contests to be held in the following year.
(b) If the number of permit applications received by the
commissioner from September August 1 through the last Friday in October
September exceeds the limits specified in subdivisions 7 and 8, the
commissioner shall notify the affected applicants that their requested
locations and time period are subject to a drawing. After notification, the commissioner shall
allow the affected applicants a minimum of seven days to change the location or
time period requested on their applications, provided that the change is not to
a location or time period for which applications are already at or above the limits
specified in subdivisions 7 and 8.
(c) After the applicants have been given at least seven days
to change their applications, the commissioner shall conduct a drawing for all
locations and time periods for which applications exceed limits. First preference in the drawings shall be
given to applicants for established or traditional fishing contests, and second
preference to applicants for contests that are not established as traditional
fishing contests based on the number of times they have been unsuccessful in
previous drawings. Except for applicants
of established or traditional fishing contests, an applicant who is successful
in a drawing loses all accumulated preference. "Established or
traditional fishing contest" means a fishing contest that was issued
permits in 1999 and 2000 or was issued permits four out of five years from 1996
to 2000 for the same lake and time period.
Beginning with 2001, established or traditional fishing contests must
continue to be conducted at least four out of five years for the same lake and
time period to remain established or traditional.
(d) The commissioner has until December November
7 to approve or deny permit applications that are submitted by 4:30 p.m.
on the last Friday in October September. The commissioner may approve a permit
application that is received after 4:30 p.m. on the last Friday in October
September if approving the application would not result in exceeding the
limits in subdivisions 7 and 8.
Sec.
45. Minnesota Statutes 2004, section
97C.081, subdivision 8, is amended to read:
Subd. 8. Limits on number of fishing contests. (a) The number of permitted fishing
contests allowed each month on a water body shall not exceed the following
limits:
(1) Lakes:
Size/acres |
Maximum number of permitted fishing contests |
Maximum number of large permitted fishing contests |
Maximum number of permitted fishing contest days |
less than
2,000 |
2 |
0 |
4 |
2,000-4,999 |
3 |
1 |
6 |
5,000-14,999 |
4 |
2 |
8 |
15,000-55,000 |
5 |
3 |
10 |
more than
55,000 |
no limit |
no limit |
no limit |
(b) For boundary waters water lakes, the
limits on the number of permitted fishing contests shall be determined based on
the Minnesota acreage.
(2) Rivers:
|
Maximum number of permitted fishing contests |
Maximum number of large permitted fishing contests |
Maximum number of permitted fishing contest days |
Mississippi
River: Pool 1, 2, 3, 5, 5A, 6, 7, 8, 9 |
4 (each pool) |
2 (each pool) |
8 (each pool) |
Pool 4 |
5 |
3 |
10 |
St. Croix
River |
2 |
1 |
4 |
Lake St.
Croix |
4 |
2 |
8 |
Contest waters identified in the permit for Mississippi River
pools are limited to no more than one lockage upstream and one lockage
downstream from the pool where the contest access and weigh-in is located.
Contest waters for Lake St. Croix are bounded by the U.S.
Highway 10 bridge at Prescott upstream to the Arcola Bar. Contest waters for the St. Croix River are
bounded by the Arcola Bar upstream to the Wisconsin state line.
For all other rivers, no more than two contest permits, not
to exceed four days combined, may be issued for any continuous segment of a
river per month. Of the two contests
permitted, only one shall be a large permitted fishing contest. Permits issued by the commissioner shall not
exceed 60 continuous river miles.
Sec. 46. Minnesota
Statutes 2004, section 97C.081, subdivision 9, is amended to read:
Subd. 9. Permit restrictions. (a) The commissioner may require fishing
contest permittees to limit prefishing to week days only as a condition of a
fishing contest permit. The commissioner
may require proof from permittees that prefishing restrictions on the permit
are communicated to fishing contest participants and enforced.
(b)
The commissioner may require permit restrictions on the hours that a permitted
fishing contest is conducted, including, but not limited to, starting and ending
times.
(c) The commissioner may require permit restrictions on the
number of parking spaces that may be used on a state-owned public water access
site. The commissioner may require proof
from permittees that parking restrictions on the permit are communicated to
fishing contest participants and enforced.
(d) To prevent undue loss mortality of released
fish, the commissioner may require restrictions for off-site weigh-ins and
live releases on a fishing contest permit or may deny permits requesting an
off-site weigh-in or live release.
(e) A person may not transfer a fishing contest permit to
another person.
(f) Failure to comply with fishing contest permit restrictions
may be considered grounds for denial of future permit applications.
Sec. 47. Minnesota
Statutes 2004, section 97C.205, is amended to read:
97C.205 RULES FOR
TRANSPORTING AND STOCKING FISH.
(a) Except on the water body where taken, a person may not
transport a live fish in a quantity of water sufficient to keep the fish alive,
unless the fish:
(1) is being transported under an aquaculture license as
authorized under sections 17.4985 and 17.4986;
(2) is being transported for a fishing contest weigh-in under
section 97C.081;
(3) is a minnow being transported under section 97C.505 or
97C.515;
(4) is being transported by a commercial fishing license
holder under section 97C.821; or
(5) is being transported as otherwise authorized in this
section.
(b) The commissioner may adopt rules to allow and regulate:
(1) the transportation of fish and fish eggs from one body
of water to another; and
(2) the stocking of waters with fish or fish eggs.
(b) (c) The commissioner shall prescribe
rules designed to encourage local sporting organizations to propagate game fish
by using rearing ponds. The rules must:
(1) prescribe methods to acquire brood stock for the ponds by
seining public waters;
(2) allow the sporting organizations to own and use seines and
other necessary equipment; and
(3) prescribe methods for stocking the fish in public waters
that give priority to the needs of the community where the fish are reared and
the desires of the organization operating the rearing pond.
(c) (d) A person age 16 or under may, for
purposes of display in a home aquarium, transport largemouth bass, smallmouth
bass, yellow perch, rock bass, black crappie, white crappie, bluegill
pumpkinseed, green sunfish, orange spotted sunfish, and black, yellow, and
brown bullheads taken by angling. No
more than four of each species may be transported at any one time, and any
individual fish can be no longer than ten inches in total length.
Sec.
48. Minnesota Statutes 2004, section
97C.315, subdivision 2, is amended to read:
Subd. 2. Hooks.
An angler may not have more than one hook on a line, except:
(1) three artificial flies may be on a line used to take
largemouth bass, smallmouth bass, trout, crappies, sunfish, and rock bass; and
(2) a single artificial bait may contain more than one hook.;
and
(3) as otherwise prescribed by the commissioner.
Sec. 49. Minnesota
Statutes 2004, section 97C.355, subdivision 7, is amended to read:
Subd. 7. Dates and times houses may remain on ice. (a) Except as provided in paragraph (d), a shelter,
including a fish house or dark house, may not be on the ice between
12:00 a.m. and one hour before sunrise after the following dates:
(1) the last day of February, for state waters south of a
line starting at the Minnesota-North Dakota border and formed by rights-of-way
of U.S. Route No. 10, then east along U.S. Route No. 10 to Trunk Highway No.
34, then east along Trunk Highway No. 34 to Trunk Highway No. 200, then east
along Trunk Highway No. 200 to U.S.
Route No. 2, then east along U.S. Route No. 2 to the Minnesota-Wisconsin
border; and
(2) March 15, for other state waters.
A shelter, including a fish house or dark house,
on the ice in violation of this subdivision is subject to the enforcement
provisions of paragraph (b). The
commissioner may, by rule, change the dates in this paragraph for any part of
state waters. Copies of the rule must be
conspicuously posted on the shores of the waters as prescribed by the
commissioner.
(b) A conservation officer must confiscate a fish house or,
dark house, or shelter in violation of paragraph (a). The officer may remove, burn, or destroy the
house or shelter. The officer
shall seize the contents of the house or shelter and hold them for 60
days. If the seized articles have not
been claimed by the owner, they may be retained for the use of the division or
sold at the highest price obtainable in a manner prescribed by the
commissioner.
(c) When the last day of February, under paragraph (a),
clause (1), or March 15, under paragraph (a), clause (2), falls on a Saturday,
a shelter, including a fish house or dark house, may be on the ice
between 12:00 a.m. and one hour before sunrise until 12:00 a.m. the following
Monday.
(d) A person may have a shelter, including a fish
house or dark house, on the ice between 12:00 a.m. and one hour before
sunrise on waters within the area prescribed in paragraph (a), clause (2), but
the house or shelter may not be unattended during those hours.
Sec. 50. Minnesota
Statutes 2004, section 97C.371, subdivision 3, is amended to read:
Subd. 3. Restrictions while spearing from dark
house. A person may not take fish by
angling or the use of tip-ups while spearing fish in a dark house, except
that a person may take fish by angling if only one angling line is in use and
any fish caught by angling is immediately released to the water or placed on
the ice.
Sec.
51. Minnesota Statutes 2004, section
97C.371, subdivision 4, is amended to read:
Subd. 4. Open season. The open season for spearing through the ice
is December 1 to the third last Sunday in February.
Sec. 52. REQUIRED RULEMAKING; ALL-TERRAIN VEHICLE
OR SNOWMOBILE USE ON PRIVATE LANDS DURING DEER SEASON.
(a) The commissioner of natural resources shall amend
Minnesota Rules, part 6232.0300, subpart 7, to permit an individual to operate
an all-terrain vehicle or snowmobile on privately owned land in an area open to
taking deer by firearms during the legal shooting hours of the deer season, if
the individual is:
(1) the owner of the land on which the all-terrain vehicle or
snowmobile is operated; or
(2) a person with the landowner's permission to operate the
all-terrain vehicle or snowmobile on the land.
(b) The commissioner may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), in amending the
rule under paragraph (a). Minnesota
Statutes, section 14.386, does not apply, except to the extent provided under
Minnesota Statutes, section 14.388.
Sec. 53. SPRING TURKEY SEASON.
The commissioner of natural resources must amend Minnesota
Rules so that the taking of turkey in the spring season ends at sunset each
day. The commissioner of natural
resources may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), to amend rules to conform to this section. Minnesota Statutes, section 14.386, does not
apply to the rulemaking under this section except to the extent provided under
Minnesota Statutes, section 14.388.
Sec. 54. PHEASANT SEASON REPORT.
By February 1, 2007, the commissioner of natural resources
shall report to the house and senate committees having jurisdiction over
natural resources regarding the impact of allowing a limit of three pheasants
after the first 16 days of the pheasant season.
Sec. 55. CONFORMING CHANGES; RULES.
The commissioner of natural resources may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to amend rules to conform to section 51.
Minnesota Statutes, section 14.386, does not apply to the rulemaking
under this section except to the extent provided under Minnesota Statutes, section
14.388.
Sec. 56. RULEMAKING; SPEARING RESTRICTION.
The commissioner of natural resources shall amend Minnesota
Rules, part 6264.0400, subpart 8, by deleting item H. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3),
to adopt the amendment. Minnesota
Statutes, section 14.386, does not apply, except as provided under Minnesota
Statutes, section 14.388.
EFFECTIVE
DATE. This section is
effective July 1, 2007.
Sec.
57. TRANSITION.
The commissioner of natural
resources shall distinguish between class 1 registration and class 2
registration for all-terrain vehicles under Minnesota Statutes, section
84.922. A class 2 all-terrain vehicle
that is not registered as a class 2 all-terrain vehicle on December 12, 2006,
shall be registered as a class 2 vehicle when the registration next expires or
when the registrant requests a duplicate registration.
Sec. 58. REPEALER.
Minnesota Statutes 2004,
section 97C.355, subdivision 6, is repealed.
Sec. 59. EFFECTIVE
DATE.
Sections 1 to 3; 4,
paragraph (f); and 5 to 8 are effective December 12, 2006."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 2973, A bill for an act relating to natural
resources; modifying contractual and grant agreement provisions; excepting the
electronic licensing system commission from certain standing appropriations;
modifying snowmobile state trail sticker requirements; modifying invasive
species provisions; modifying certain state trail descriptions; designating a
state trail; modifying authority to mark canoe and boating routes; modifying
certain forestry duties; modifying certain definitions; modifying water use
surcharge provisions; modifying water aeration safety provisions; amending
Minnesota Statutes 2004, sections 84.026; 84.0911, as amended; 84.8205,
subdivision 2; 84D.01, subdivisions 9a, 13, 15, 16; 84D.02, subdivision 2;
85.015, subdivisions 2, 7, 8, 11, 12, by adding a subdivision; 85.32,
subdivision 1; 89.01, subdivision 1; 97A.015, subdivision 18; 103G.611, by
adding a subdivision; Minnesota Statutes 2005 Supplement, sections 84.8205,
subdivision 1; 85.015, subdivision 5; 88.17, subdivision 5; 103G.271,
subdivision 6; repealing Minnesota Statutes 2004, sections 85.015, subdivision
14; 103G.611, subdivision 6.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 95 yeas and 37
nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Emmer
Entenza
Erhardt
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Haws
Heidgerken
Holberg
Hoppe
Hosch
Howes
Johnson, J.
Juhnke
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Lenczewski
Lieder
Lillie
Magnus
Marquart
McNamara
Meslow
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Sailer
Samuelson
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Carlson
Clark
Davnie
Ellison
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson, R.
Johnson, S.
Kahn
Kelliher
Larson
Latz
Lesch
Liebling
Loeffler
Mahoney
Mariani
Moe
Mullery
Nelson, M.
Olson
Paymar
Ruud
Scalze
Sieben
Thao
Wagenius
Walker
Westrom
The bill was passed, as amended, and its
title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 2480, A bill for an act relating to a ballpark for
major league baseball; providing for the financing, construction, operation,
and maintenance of the ballpark and related facilities; establishing the
Minnesota Ballpark Authority; providing powers and duties of the authority;
providing a community ownership option; authorizing Hennepin County to issue
bonds and to contribute to ballpark costs and to engage in ballpark and related
activities; authorizing local sales and use taxes and revenues; exempting
Minnesota State High School League events from sales taxes; requiring the
Minnesota State High School League to transfer tax savings to a foundation to
promote extracurricular activities; exempting building materials used for
certain local government projects from certain taxes; amending Minnesota
Statutes 2004, sections 297A.70, subdivision 11; 297A.71, by adding
subdivisions; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision
35; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03;
473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11;
473I.12; 473I.13.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 2959, A bill for an act relating to capital
improvements; authorizing spending to acquire and better public land and
buildings and other public improvements of a capital nature with certain
conditions; establishing new programs and modifying existing programs;
authorizing sale of state bonds; appropriating money; amending Minnesota
Statutes 2004, sections 16A.11, subdivision 1; 16A.86, subdivisions 2, 4;
85.013, by adding a subdivision; 123A.44; 123A.441; 123A.442; 123A.443;
136F.98, subdivision 1; 446A.12, subdivision 1; Minnesota Statutes 2005
Supplement, sections 116.182, subdivision 2; 116J.575, subdivision 1; Laws
2000, chapter 492, article 1, section 7, subdivision 21, as amended; Laws 2002,
chapter 393, section 19, subdivision 2; Laws 2005, chapter 20, article 1,
sections 7, subdivisions 14, 21; 19, subdivision 6; 20, subdivisions 2, 3; 23,
subdivisions 3, 12; 27; proposing coding for new law in Minnesota Statutes,
chapters 16B; 85; 116J; 446A.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 2656, A bill for an act relating to state
government; providing certain general criminal and sentencing provisions;
regulating controlled substances, DWI, and driving provisions; modifying or
establishing various provisions relating to public safety; regulating
corrections, the courts, and emergency communications; regulating coroners and
medical examiners; providing for electronic notarizations; regulating
fraudulent or improper financing statements; regulating computer crimes;
providing penalties; amending Minnesota Statutes 2004, sections 13.82, by
adding a subdivision; 13.84, subdivisions 1, 2; 13.87, by adding a subdivision;
16D.04, subdivision 2; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445,
subdivision 1; 144.7401, by adding a subdivision; 155A.07, by adding a
subdivision; 169.13; 169A.20, subdivision 1; 169A.24, subdivision 1; 169A.28,
subdivision 1; 169A.45, subdivision 1; 169A.51, subdivisions 1, 2, 4, 7;
169A.52, subdivision 2; 169A.60, subdivisions 2, 4; 181.973; 219.97, subdivision
13; 237.49; 241.016, subdivision 1; 253B.02, subdivision 2; 299E.01,
subdivision 2; 299F.011, subdivision 5; 346.09, subdivision 1; 346.155,
subdivisions 1, 4, 5, 10, by adding a subdivision; 347.04; 358.41; 358.42;
358.47; 358.50; 359.01, by adding a subdivision; 359.03, subdivision 3, by
adding a subdivision; 359.04; 359.05; 359.085; 375A.13, subdivision 1; 383B.65,
subdivision 2; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.20;
390.21; 390.221; 390.23; 390.25; 390.33, subdivision 2; 403.02, by adding a
subdivision; 403.08, subdivision 7; 403.11, subdivisions 3b, 3c; 403.113,
subdivision 3; 403.21, subdivisions 2, 7, 9; 403.33; 403.34; 403.36,
subdivision 1f; 480.181, subdivisions 1, 2; 480.182; 484.01, subdivision 1;
484.011; 484.012; 484.45; 484.54, subdivision 3; 484.545, subdivision 1;
484.64, subdivision 3; 484.65, subdivision 3; 484.68, subdivision 1; 484.702,
subdivision 5; 485.018, subdivision 5; 485.021; 485.11; 517.041; 518.157,
subdivision 2; 518B.01, subdivision 14, by adding a subdivision; 525.9214;
546.27, subdivision 2; 609.101, subdivision 4; 609.102, subdivision 2; 609.11,
subdivision 7; 609.153, subdivision 1; 609.2231, subdivision 6; 609.224,
subdivisions 2, 4; 609.2242, subdivisions 2, 4; 609.495, by adding a
subdivision; 609.748, subdivision 6; 609.749, subdivision 4; 609.87,
subdivisions 1, 11, by adding subdivisions; 609.891, subdivisions 1, 3;
611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision;
624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425, subdivision 3;
641.25; Minnesota Statutes 2005 Supplement, sections 169A.52, subdivision 4;
169A.53, subdivision 3; 171.05, subdivision 2b; 171.055, subdivision 2; 171.18,
subdivision 1; 241.06, by adding a subdivision; 243.166, subdivisions 1b, 4,
4b, 6; 244.052, subdivision 4; 244.055, subdivisions 10, 11; 244.10,
subdivisions 5, 6, 7; 270C.545;
299C.40, subdivision 1; 299C.405; 299C.65, subdivision 2; 390.05; 403.025,
subdivision 7; 403.05, subdivision 3; 403.11, subdivisions 1, 3, 3a; 403.113, subdivision
1; 403.21, subdivision 8; 403.36, subdivision 1; 485.01; 485.03; 485.05;
518B.01, subdivision 22; 609.02, subdivision 16; 609.282; 609.283; 609.3455,
subdivisions 4, 8, by adding a subdivision; 609.485, subdivisions 2, 4; Laws
2002, chapter 266, section 1, as amended; Laws 2005, chapter 136, article 1,
section 13, subdivision 3; article 16, sections 3; 4; 5; 6; proposing coding
for new law in Minnesota Statutes, chapters 4; 241; 299A; 299C; 299F; 340A;
390; 484; 545; 604; 609; repealing Minnesota Statutes 2004, sections 169A.41,
subdivision 4; 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10, 11,
12, 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24;
390.36; 403.08, subdivision 8; 403.22; 403.23; 403.24; 403.25; 403.26; 403.28;
403.29, subdivisions 1, 2, 3; 403.30, subdivisions 2, 4; 403.35; 484.013,
subdivision 8; 484.545, subdivisions 2, 3; 484.55; 484.68, subdivision 7;
484.75; 485.018, subdivisions 2, 6, 8; 485.12; 487.01; 487.02; 487.03; 487.04;
487.07; 487.10; 487.11; 487.13; 487.14; 487.15; 487.16; 487.17; 487.18; 487.19;
487.191; 487.20; 487.21; 487.23; 487.24; 487.25; 487.26; 487.27; 487.28;
487.29; 487.31; 487.32; 487.33; 487.34; 487.36; 487.37; 487.38; 487.40;
488A.01; 488A.021; 488A.025; 488A.03; 488A.035; 488A.04; 488A.08; 488A.09;
488A.10; 488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119;
488A.18; 488A.19; 488A.20; 488A.21; 488A.23; 488A.24; 488A.26; 488A.27;
488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014;
525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08;
525.081; 525.082; 525.09; 609.108, subdivision 5; 609.109, subdivisions 1, 3;
625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 383B.225,
subdivision 5; 485.03; 609.108, subdivisions 1, 3, 4, 6, 7; 609.109,
subdivisions 2, 4, 5, 6.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 785, A bill for an act relating to financing and
operation of government in this state; modifying truth in taxation provisions
and adding a taxpayer satisfaction survey; changing income, corporate
franchise, withholding, estate, property, sales and use, mortgage registry,
health care gross revenues, motor fuels, gambling, cigarette and tobacco
products, occupation, net proceeds, production, liquor, insurance, and other
taxes and tax-related provisions; making technical, clarifying, collection,
enforcement, refund, and administrative changes to certain taxes and
tax-related provisions, tax-forfeited lands, revenue recapture, unfair
cigarette sales, state debt collection, sustainable forest incentive programs,
and payments in lieu of taxes; changing local government aids and credits;
providing for determination of population for certain purposes; updating
references to the Internal Revenue Code, changing property tax exemptions,
homesteads, assessment, valuation, classification, class rates, levies, deferral,
review and equalization, appeals, notices and statements, and distribution
provisions; changing rent constituting property taxes and property tax refunds;
requiring state contracts be with vendors registered to collect use taxes;
abolishing the political contribution refund; authorizing local sales taxes;
extending a sales tax expiration; providing for compliance with streamlined
sales tax agreement; changing the taxation of liquor and cigarettes;
authorizing income tax checkoffs; requiring registration of tax shelters and
providing for a voluntary compliance initiative; changing job opportunity
building zones, border city development zones, biotechnology and health
sciences industry zone provisions; setting minimum employee compensation for
qualifying business in a JOBZ; limiting sales tax construction exemption in job
zones to businesses paying prevailing wage; requiring a referendum for certain
subsidies to gambling enterprises; authorizing charges for certain emergency
services; imposing a franchise fee on card clubs; defining the term
"tax"; regulating tax preparers; suspending appropriations or aids to
public employers who prohibit certain employees from wearing a flag on a
uniform; providing for training and conduct of assessors; prohibiting purchases
of tax-forfeited lands by certain local officials; providing for data
classification and exchange of
data; establishing a tax reform commission; providing and imposing powers and
duties on the commissioner of revenue and other state agencies and departments
and on certain political subdivisions and certain officials; changing and
imposing penalties; requiring reports; transferring funds; appropriating money;
amending Minnesota Statutes 2004, sections 4A.02; 16C.03, by adding a
subdivision; 16D.10; 168A.05, subdivision 1a; 190.09, subdivision 2; 240.30, by
adding a subdivision; 270.02, subdivision 3; 270.11, subdivision 2; 270.16,
subdivision 2; 270.30, subdivisions 1, 5, 6, 8, by adding subdivisions; 270.65;
270.67, subdivision 4; 270.69, subdivision 4; 270A.03, subdivisions 5, 7;
272.01, subdivision 2; 272.02, subdivisions 1a, 7, 47, 53, 64, by adding
subdivisions; 272.0211, subdivisions 1, 2; 272.0212, subdivisions 1, 2;
272.029, subdivisions 4, 6; 273.055; 273.0755; 273.11, subdivisions 1a, 8, by
adding subdivisions; 273.111, by adding a subdivision; 273.123, subdivision 7;
273.124, subdivisions 3, 6, 8, 14, 21; 273.125, subdivision 8; 273.13,
subdivisions 22, 23, 25, by adding a subdivision; 273.1315; 273.1384,
subdivision 1; 273.19, subdivision 1a; 273.372; 274.01, subdivision 1; 274.014,
subdivisions 2, 3; 274.14; 275.025, subdivision 4; 275.065, subdivisions 1c, 3,
4, 7, by adding subdivisions; 275.07, subdivisions 1, 4; 276.04, subdivision 2;
276.112; 276A.01, subdivision 7; 282.016; 282.08; 282.15; 282.21; 282.224;
282.301; 287.04; 289A.02, subdivision 7; 289A.08, subdivisions 1, 3, 7, 13, 16;
289A.18, subdivision 1; 289A.19, subdivision 4; 289A.20, subdivision 2;
289A.31, subdivision 2; 289A.37, subdivision 5; 289A.38, subdivisions 6, 7, by
adding subdivisions; 289A.40, subdivision 2, by adding subdivisions; 289A.50,
subdivisions 1, 1a; 289A.56, by adding a subdivision; 289A.60, subdivisions 2a,
4, 6, 7, 11, 13, 20, by adding subdivisions; 290.01, subdivisions 6, 7, 7b, 19,
as amended, 19a, 19b, 19c, 19d, 31; 290.032, subdivisions 1, 2; 290.06,
subdivisions 2c, 22, by adding a subdivision; 290.067, subdivisions 1, 2a;
290.0671, subdivisions 1, 1a; 290.0672, subdivisions 1, 2; 290.0674,
subdivisions 1, 2; 290.0675, subdivision 1; 290.091, subdivisions 2, 3;
290.0922, subdivision 2; 290.191, subdivisions 2, 3; 290.92, subdivisions 1,
4b; 290A.03, subdivisions 3, 11, 13, 15, by adding subdivisions; 290A.07, by
adding a subdivision; 290A.19; 290B.05, subdivision 3; 290C.05; 290C.10;
291.005, subdivision 1; 291.03, subdivision 1; 295.52, subdivision 4; 295.53,
subdivision 1; 295.582; 295.60, subdivision 3; 296A.22, by adding a
subdivision; 297A.61, subdivisions 3, 4, by adding a subdivision; 297A.64,
subdivision 4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9, 29,
by adding a subdivision; 297A.68, subdivisions 2, 5, 28, 35, 37, 38, 39, by
adding subdivisions; 297A.70, subdivision 10; 297A.71, subdivision 12, by
adding a subdivision; 297A.72, by adding a subdivision; 297A.75, subdivision 1;
297A.87, subdivisions 2, 3; 297A.99, subdivisions 1, 3, 4, 9, by adding
subdivisions; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06,
subdivision 2; 297E.07; 297F.08, subdivision 12, by adding a subdivision;
297F.09, subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a
subdivision; 297I.01, by adding subdivisions; 297I.05, subdivisions 4, 5, by
adding a subdivision; 298.01, subdivisions 3, 4; 298.24, subdivision 1; 298.75,
by adding a subdivision; 325D.33, subdivision 6; 365.43, subdivision 1;
365.431; 366.011; 366.012; 373.45, subdivision 7; 469.169, by adding a
subdivision; 469.1735, subdivision 3; 469.176, subdivisions 4l, 7; 469.310,
subdivision 11, by adding a subdivision; 469.315; 469.316; 469.317; 469.319,
subdivision 1, by adding a subdivision; 469.320, subdivision 3; 469.330,
subdivision 11; 469.335; 469.337; 469.340, subdivision 1; 473.843, subdivision
5; 473F.02, subdivisions 2, 7; 477A.011, subdivisions 3, 34, 35, 36, 38;
477A.0124, subdivisions 2, 4; 477A.013, subdivisions 8, 9, by adding a
subdivision; 477A.016; 477A.03, subdivisions 2a, 2b; 477A.11, subdivision 4, by
adding a subdivision; 477A.12, subdivisions 1, 2; 477A.14, subdivision 1;
645.44, by adding a subdivision; Laws 1998, chapter 389, article 3, section 42,
subdivision 2, as amended; Laws 1998, chapter 389, article 8, section 43,
subdivision 3; Laws 2001, First Special Session chapter 5, article 3, section
8; Laws 2001, First Special Session chapter 5, article 12, section 95, as
amended; Laws 2002, chapter 377, article 3, section 4; Laws 2003, chapter 127,
article 5, section 27; Laws 2003, chapter 127, article 5, section 28; Laws
2003, First Special Session chapter 21, article 5, section 13; Laws 2003, First
Special Session chapter 21, article 6, section 9; Laws 2005, chapter 43,
section 1; proposing coding for new law in Minnesota Statutes, chapters 15;
270; 272; 273; 275; 280; 289A; 290; 290C; 295; 297A; 297F; 373; 459; 473;
repealing Minnesota Statutes 2004, sections 10A.322, subdivision 4; 16A.1522,
subdivision 4; 270.85; 270.88; 272.02, subdivision 65; 273.19, subdivision 5;
273.37, subdivision 3; 274.05; 275.065, subdivisions 5a, 6, 6b, 8; 275.15;
275.61, subdivision 2; 283.07; 290.06, subdivision 23; 297E.12, subdivision 10;
469.1794, subdivision 6; 477A.08; Laws
1975, chapter 287, section 5; Laws 1998, chapter 389, article 3, section 41;
Laws 2003, chapter 127, article 9, section 9, subdivision 4; Minnesota Rules,
parts 8093.2000; 8093.3000; 8130.0110, subpart 4; 8130.0200, subparts 5, 6;
8130.0400, subpart 9; 8130.1200, subparts 5, 6; 8130.2900; 8130.3100, subpart
1; 8130.4000, subparts 1, 2; 8130.4200, subpart 1; 8130.4400, subpart 3;
8130.5200; 8130.5600, subpart 3; 8130.5800, subpart 5; 8130.7300, subpart 5;
8130.8800, subpart 4.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 3302, A bill for an act relating to local
government; modifying municipal and county planning and zoning provisions;
providing standards for preliminary plat approval in a proposed development;
amending Minnesota Statutes 2004, sections 394.25, subdivision 7; 462.358,
subdivision 3b.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
H. F. No. 3451, A bill for an act relating to governmental
operations; regulating certain historic properties; providing standards for
dedication of land to the public in a proposed development; authorizing a
dedication fee on certain new housing units; authorizing the conveyance of
certain surplus state lands; requiring a study and report; removing a route
from the trunk highway system; amending Minnesota Statutes 2004, section
462.358, subdivision 2b; proposing coding for new law in Minnesota Statutes,
chapter 15; repealing Minnesota Statutes 2004, section 161.115, subdivisions
173, 225.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 3237, A bill for an act relating to education;
authorizing a local task force to examine the governance, facilities, and
programming of the Elk River school district.
Patrice Dworak, First
Assistant Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 3199.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3199
A bill for an act relating to family law;
changing certain child support and maintenance provisions; amending Minnesota
Statutes 2004, sections 518.175, subdivision 1; 518.551, subdivision 6, by
adding a subdivision; 518.5513, subdivision 3; Minnesota Statutes 2005
Supplement, section 518.005, subdivision 6; Laws 2005, chapter 164, sections 4;
5; 8; 9; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 20; 21; 22, subdivisions 2,
3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26, subdivision 2, as amended;
31; 32; proposing coding for new law in Minnesota Statutes, chapter 518;
repealing Minnesota Statutes 2004, section 518.54, subdivision 6; Laws 2005,
chapter 164, section 12.
May 20, 2006
The
Honorable James P. Metzen
President
of the Senate
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
We, the
undersigned conferees for S. F. No. 3199 report that we have agreed upon the
items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 3199 be further amended as
follows:
Delete
everything after the enacting clause and insert:
"Section
1. [257.026]
NOTIFICATION OF RESIDENCE WITH CERTAIN CONVICTED PERSONS.
A person
who is granted or exercises custody of a child or parenting time with a child
under this chapter or chapter 518 must notify the child's other parent, if any,
the county social services agency, and the court that granted the custody or
parenting time, if the person knowingly marries or lives in the same residence
with a person who has been convicted of a crime listed in section 518.179,
subdivision 2.
Sec.
2. Minnesota Statutes 2004, section
257.55, subdivision 1, is amended to read:
Subdivision
1. Presumption. A man is presumed to be the biological father
of a child if:
(a) He and
the child's biological mother are or have been married to each other and the
child is born during the marriage, or within 280 days after the marriage is
terminated by death, annulment, declaration of invalidity, dissolution,
or divorce, or after a decree of legal separation is entered by a court. The presumption in this paragraph does not
apply if the man has joined in a recognition of parentage recognizing another
man as the biological father under section 257.75, subdivision 1a;
(b) Before
the child's birth, he and the child's biological mother have attempted to marry
each other by a marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared void, voidable, or otherwise
invalid, and,
(1) if the
attempted marriage could be declared invalid only by a court, the child is born
during the attempted marriage, or within 280 days after its termination by
death, annulment, declaration of invalidity, dissolution or divorce; or
(2) if the
attempted marriage is invalid without a court order, the child is born within
280 days after the termination of cohabitation;
(c) After
the child's birth, he and the child's biological mother have married, or
attempted to marry, each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared void,
voidable, or otherwise invalid, and,
(1) he has
acknowledged his paternity of the child in writing filed with the state
registrar of vital statistics;
(2) with
his consent, he is named as the child's father on the child's birth record; or
(3) he is
obligated to support the child under a written voluntary promise or by court
order;
(d) While
the child is under the age of majority, he receives the child into his home and
openly holds out the child as his biological child;
(e) He and
the child's biological mother acknowledge his paternity of the child in a
writing signed by both of them under section 257.34 and filed with the state
registrar of vital statistics. If
another man is presumed under this paragraph to be the child's father,
acknowledgment may be effected only with the written consent of the presumed
father or after the presumption has been rebutted;
(f) Evidence
of statistical probability of paternity based on blood or genetic testing establishes
the likelihood that he is the father of the child, calculated with a prior
probability of no more than 0.5 (50 percent), is 99 percent or greater;
(g) He and the
child's biological mother have executed a recognition of parentage in
accordance with section 257.75 and another man is presumed to be the father
under this subdivision;
(h) (g) He and the
child's biological mother have executed a recognition of parentage in
accordance with section 257.75 and another man and the child's mother have
executed a recognition of parentage in accordance with section 257.75; or
(i)
(h) He and the child's biological mother executed a
recognition of parentage in accordance with section 257.75 when either or both
of the signatories were less than 18 years of age.
Sec.
3. Minnesota Statutes 2004, section
257.57, subdivision 2, is amended to read:
Subd.
2. Actions
under other paragraphs of section 257.55, subdivision 1. The child, the mother, or personal
representative of the child, the public authority chargeable by law with the
support of the child, the personal representative or a parent of the mother if
the mother has died or is a minor, a man alleged or alleging himself to be the
father, or the personal representative or a parent of the alleged father if the
alleged father has died or is a minor may bring an action:
(1) at any
time for the purpose of declaring the existence of the father and child
relationship presumed under section sections 257.55, subdivision
1, paragraph (d), (e), (f), (g), or (h), and 257.62, subdivision 5,
paragraph (b), or the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, clause (d) of that
subdivision;
(2) for the
purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the
action is brought within six months after the person bringing the action
obtains the results of blood or genetic tests that indicate that the presumed
father is not the father of the child;
(3) for the
purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (f) 257.62,
subdivision 5, paragraph (b), only if the action is brought within three
years after the party bringing the action, or the party's attorney of record,
has been provided the blood or genetic test results; or
(4) for the
purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by
the minor signatory within six months after the minor signatory reaches the age
of 18. In the case of a recognition of
parentage executed by two minor signatories, the action to declare the
nonexistence of the father and child relationship must be brought within six
months after the youngest signatory reaches the age of 18.
Sec.
4. Minnesota Statutes 2004, section
257.62, subdivision 5, is amended to read:
Subd.
5. Positive
test results. (a) If the results of
blood or genetic tests completed in a laboratory accredited by the American
Association of Blood Banks indicate that the likelihood of the alleged father's
paternity, calculated with a prior probability of no more than 0.5 (50
percent), is 92 percent or greater, upon motion the court shall order the
alleged father to pay temporary child support determined according to chapter
518. The alleged father shall pay the
support money to the public authority if the public authority is a party and is
providing services to the parties or, if not, into court pursuant to the Rules
of Civil Procedure to await the results of the paternity proceedings.
(b) If the
results of blood or genetic tests completed in a laboratory accredited by the
American Association of Blood Banks indicate that likelihood of the alleged
father's paternity, calculated with a prior probability of no more than 0.5 (50
percent), is 99 percent or greater, there is an evidentiary presumption that
the alleged father is presumed to be the parent biological
father and the party opposing the establishment of the alleged father's
paternity has the burden of proving by clear and convincing evidence that the
alleged father is not the father of the child.
(c)
A determination under this subdivision that the alleged father is the
biological father does not preclude the adjudication of another man as the
legal father under section 257.55, subdivision 2, nor does it allow the donor
of genetic material for assisted reproduction for the benefit of a recipient
parent, whether sperm or ovum (egg), to claim to be the child's biological or
legal parent.
Sec.
5. Minnesota Statutes 2004, section
257C.03, subdivision 7, is amended to read:
Subd.
7. Interested
third party; burden of proof; factors.
(a) To establish that an individual is an interested third party, the
individual must:
(1) show by
clear and convincing evidence that one of the following factors exist:
(i) the
parent has abandoned, neglected, or otherwise exhibited disregard for the
child's well-being to the extent that the child will be harmed by living with
the parent;
(ii)
placement of the child with the individual takes priority over preserving the
day-to-day parent-child relationship because of the presence of physical or
emotional danger to the child, or both; or
(iii) other
extraordinary circumstances; and
(2) prove
by a preponderance of the evidence that it is in the best interests of the
child to be in the custody of the interested third party; and
(3) show by
clear and convincing evidence that granting the petition would not violate
section 518.179, subdivision 1a.
(b) The
following factors must be considered by the court in determining an interested
third party's petition:
(1) the
amount of involvement the interested third party had with the child during the
parent's absence or during the child's lifetime;
(2) the
amount of involvement the parent had with the child during the parent's
absence;
(3) the
presence or involvement of other interested third parties;
(4) the
facts and circumstances of the parent's absence;
(5) the
parent's refusal to comply with conditions for retaining custody set forth in
previous court orders;
(6) whether
the parent now seeking custody was previously prevented from doing so as a
result of domestic violence;
(7) whether
a sibling of the child is already in the care of the interested third party;
and
(8) the
existence of a standby custody designation under chapter 257B.
(c) In
determining the best interests of the child, the court must apply the standards
in section 257C.04.
Sec.
6. Minnesota Statutes 2005 Supplement,
section 259.24, subdivision 6a, is amended to read:
Subd.
6a. Withdrawal
of consent. Except for consents
executed under section 260C.201, subdivision 11, a parent's consent to adoption
may be withdrawn for any reason within ten working days after the consent is
executed and acknowledged. Written
notification of withdrawal of consent must be received by the agency to which
the child was surrendered no later than the tenth working day after the consent
is executed and acknowledged. On the day
following the tenth working day after execution and acknowledgment, the consent
shall become irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by fraud. A consent to adopt executed under section
260C.201, subdivision 11, is irrevocable upon proper notice to both parents of
the effect of a consent to adopt and acceptance by the court, except upon order
of the same court after written findings that the consent was obtained by
fraud. A consent to adopt executed
under section 260C.201, subdivision 11, is irrevocable upon proper notice to
both parents of the effect of a consent to adopt and acceptance by the court,
except upon order of the same court after written findings that the consent was
obtained by fraud. In proceedings to
determine the existence of fraud, the adoptive parents and the child shall be
made parties. The proceedings shall be
conducted to preserve the confidentiality of the adoption process. There shall be no presumption in the
proceedings favoring the birth parents over the adoptive parents.
Sec. 7. Minnesota Statutes 2004, section 259.58, is
amended to read:
259.58 COMMUNICATION OR CONTACT AGREEMENTS.
Adoptive
parents and a birth relative or foster parents may enter an agreement regarding
communication with or contact between an adopted minor, adoptive parents, and a
birth relative or foster parents under this section. An agreement may be entered between:
(1) adoptive
parents and a birth parent;
(2) adoptive
parents and any other birth relative or foster parent with whom the child
resided before being adopted; or
(3) adoptive
parents and any other birth relative if the child is adopted by a birth
relative upon the death of both birth parents.
For purposes
of this section, "birth relative" means a parent, stepparent,
grandparent, brother, sister, uncle, or aunt of a minor adoptee. This relationship may be by blood, adoption,
or marriage. For an Indian child, birth
relative includes members of the extended family as defined by the law or
custom of the Indian child's tribe or, in the absence of laws or custom,
nieces, nephews, or first or second cousins, as provided in the Indian Child
Welfare Act, United States Code, title 25, section 1903.
(a) An
agreement regarding communication with or contact between minor adoptees,
adoptive parents, and a birth relative is not legally enforceable unless the
terms of the agreement are contained in a written court order entered in
accordance with this section. An order
may be sought at any time before a decree of adoption is granted. The order must be issued within 30 days of
being submitted to the court or by the granting of the decree of adoption,
whichever is earlier. The court shall
not enter a proposed order unless the terms of the order have been approved in
writing by the prospective adoptive parents, a birth relative or foster parent
who desires to be a party to the agreement, and, if the child is in the custody
of or under the guardianship of an agency, a representative of the agency. A birth parent must approve in writing of an
agreement between adoptive parents and any other birth relative or foster
parent, unless an action has been filed against the birth parent by a county under
chapter 260. An agreement under this
section need not disclose the identity of the parties to be legally
enforceable. The court shall not enter a
proposed order unless the court finds that the communication or contact between
the minor adoptee, the adoptive parents, and a birth relative as agreed upon
and contained in the proposed order would be in the minor adoptee's best
interests. The court shall mail a
certified copy of the order to the parties to the agreement or their
representatives at the addresses provided by the petitioners.
(b)
Failure to comply with the terms of an agreed order regarding communication or
contact that has been entered by the court under this section is not grounds
for:
(1) setting
aside an adoption decree; or
(2) revocation
of a written consent to an adoption after that consent has become irrevocable.
(c) An
agreed order entered under this section may be enforced by filing a petition or
motion with the family court that includes a certified copy of the order
granting the communication, contact, or visitation, but only if the petition or
motion is accompanied by an affidavit that the parties have mediated or
attempted to mediate any dispute under the agreement or that the parties agree
to a proposed modification. The prevailing
party may be awarded reasonable attorney's fees and costs. The court shall not modify an agreed order
under this section unless it finds that the modification is necessary to serve
the best interests of the minor adoptee, and:
(1) the
modification is agreed to by the parties to the agreement; or
(2)
exceptional circumstances have arisen since the agreed order was entered that
justify modification of the order.
(d) For
children under state guardianship when there is a written communication or contact
agreement between prospective adoptive parents and birth relatives other than
birth parents it must be included in the final adoption decree unless all the
parties agree to omit it. If the
adoptive parents or birth relatives do not comply with the communication or
contact agreement, the court shall determine the terms of the communication and
contact agreement.
Sec.
8. Minnesota Statutes 2004, section
484.65, subdivision 9, is amended to read:
Subd.
9. Referees;
review appeal. All
recommended orders and findings of a referee shall be subject to confirmation
by said district court judge. Review
of any recommended order or finding of a referee by the district court judge
may be had by notice served and filed within ten days of effective notice of such
recommended order or finding. The notice
of review shall specify the grounds for such review and the specific provisions
of the recommended findings or orders disputed, and said district court judge,
upon receipt of such notice of review, shall set a time and place for such
review hearing. Fourth Judicial District Family Court referee orders and
decrees may be appealed directly to the Court of Appeals in the same manner as
judicial orders and decrees. The time
for appealing an appealable referee order runs from service by any party of
written notice of the filing of the confirmed order.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec.
9. Minnesota Statutes 2005 Supplement,
section 518.005, subdivision 6, is amended to read:
Subd.
6. Filing
fee. The initial pleading
first paper filed for a party in all proceedings for dissolution of
marriage, legal separation, or annulment or proceedings to establish child
support obligations shall be accompanied by a filing fee of $50. The fee is in addition to any other
prescribed by law or rule.
EFFECTIVE DATE. This section is effective July 1, 2006.
Sec.
10. Minnesota Statutes 2004, section
518.1705, subdivision 7, is amended to read:
Subd.
7. Moving
the child to another state. Parents
may agree, but the court must not require, that in a parenting plan the
factors in section 518.17 or 257.025, as applicable, upon the legal
standard that will govern a decision concerning removal of a child's
residence from this state, provided that:
(1) both
parents were represented by counsel when the parenting plan was approved; or
(2) the
court found the parents were fully informed, the agreement was voluntary, and
the parents were aware of its implications.
Sec.
11. Minnesota Statutes 2004, section
518.175, subdivision 1, is amended to read:
Subdivision
1. General. (a) In all proceedings for dissolution or
legal separation, subsequent to the commencement of the proceeding and
continuing thereafter during the minority of the child, the court shall, upon
the request of either parent, grant such parenting time on behalf of the child
and a parent as will enable the child and the parent to maintain a child to
parent relationship that will be in the best interests of the child.
If the court
finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physical or emotional health or impair the child's emotional
development, the court shall restrict parenting time with that parent as to
time, place, duration, or supervision and may deny parenting time entirely, as
the circumstances warrant. The court
shall consider the age of the child and the child's relationship with the
parent prior to the commencement of the proceeding.
A parent's
failure to pay support because of the parent's inability to do so shall not be
sufficient cause for denial of parenting time.
(b) The
court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.
(c) Upon
request of either party, to the extent practicable an order for parenting time
must include a specific schedule for parenting time, including the frequency
and duration of visitation and visitation during holidays and vacations, unless
parenting time is restricted, denied, or reserved.
(d) The
court administrator shall provide a form for a pro se motion regarding
parenting time disputes, which includes provisions for indicating the relief
requested, an affidavit in which the party may state the facts of the dispute,
and a brief description of the parenting time expeditor process under section
518.1751. The form may not include a
request for a change of custody. The
court shall provide instructions on serving and filing the motion.
(e) In the
absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the
child. For purposes of this paragraph,
the percentage of parenting time may be determined by calculating the number of
overnights that a child spends with a parent or by using a method other than
overnights if the parent has significant time periods on separate days when the
child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child
in determining whether a child is with a parent for a significant period of
time.
Sec.
12. Minnesota Statutes 2004, section
518.175, subdivision 1, is amended to read:
Subdivision
1. General. (a) In all proceedings for dissolution or
legal separation, subsequent to the commencement of the proceeding and
continuing thereafter during the minority of the child, the court shall, upon
the request of either parent, grant such parenting time on behalf of the child
and a parent as will enable the child and the parent to maintain a child to
parent relationship that will be in the best interests of the child.
If
the court finds, after a hearing, that parenting time with a parent is likely
to endanger the child's physical or emotional health or impair the child's
emotional development, the court shall restrict parenting time with that parent
as to time, place, duration, or supervision and may deny parenting time
entirely, as the circumstances warrant.
The court shall consider the age of the child and the child's
relationship with the parent prior to the commencement of the proceeding.
A parent's
failure to pay support because of the parent's inability to do so shall not be
sufficient cause for denial of parenting time.
(b) The court
may provide that a law enforcement officer or other appropriate person will
accompany a party seeking to enforce or comply with parenting time.
(c) Upon
request of either party, to the extent practicable an order for parenting time
must include a specific schedule for parenting time, including the frequency
and duration of visitation and visitation during holidays and vacations, unless
parenting time is restricted, denied, or reserved.
(d) The
court administrator shall provide a form for a pro se motion regarding
parenting time disputes, which includes provisions for indicating the relief
requested, an affidavit in which the party may state the facts of the dispute,
and a brief description of the parenting time expeditor process under section
518.1751. The form may not include a
request for a change of custody. The
court shall provide instructions on serving and filing the motion.
(e) In the
absence of other evidence, there is a rebuttable presumption that a parent is
entitled to receive at least 25 percent of the parenting time for the
child. For purposes of this paragraph,
the percentage of parenting time may be determined by calculating the number of
overnights that a child spends with a parent or by using a method other than
overnights if the parent has significant time periods on separate days when the
child is in the parent's physical custody but does not stay overnight. The court may consider the age of the child
in determining whether a child is with a parent for a significant period of
time.
Sec.
13. Minnesota Statutes 2004, section
518.175, subdivision 3, is amended to read:
Subd.
3. Move
to another state. (a) The
parent with whom the child resides shall not move the residence of the child to
another state except upon order of the court or with the consent of the other
parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere
with parenting time given to the other parent by the decree, the court shall
not permit the child's residence to be moved to another state.
(b) The
court shall apply a best interests standard when considering the request of the
parent with whom the child resides to move the child's residence to another
state. The factors the court must
consider in determining the child's best interests include, but are not limited
to:
(1) the
nature, quality, extent of involvement, and duration of the child's
relationship with the person proposing to relocate and with the nonrelocating
person, siblings, and other significant persons in the child's life;
(2) the
age, developmental stage, needs of the child, and the likely impact the
relocation will have on the child's physical, educational, and emotional
development, taking into consideration special needs of the child;
(3) the
feasibility of preserving the relationship between the nonrelocating person and
the child through suitable parenting time arrangements, considering the
logistics and financial circumstances of the parties;
(4) the
child's preference, taking into consideration the age and maturity of the
child;
(5)
whether there is an established pattern of conduct of the person seeking the
relocation either to promote or thwart the relationship of the child and the
nonrelocating person;
(6) whether
the relocation of the child will enhance the general quality of the life for
both the custodial parent seeking the relocation and the child including, but
not limited to, financial or emotional benefit or educational opportunity;
(7) the
reasons of each person for seeking or opposing the relocation; and
(8) the
effect on the safety and welfare of the child, or of the parent requesting to
move the child's residence, of domestic abuse, as defined in section 518B.01.
(c) The
burden of proof is upon the parent requesting to move the residence of the
child to another state, except that if the court finds that the person
requesting permission to move has been a victim of domestic abuse by the other
parent, the burden of proof is upon the parent opposing the move. The court must consider all of the factors in
this subdivision in determining the best interests of the child.
Sec.
14. Minnesota Statutes 2004, section
518.18, is amended to read:
518.18 MODIFICATION OF ORDER.
(a) Unless
agreed to in writing by the parties, no motion to modify a custody order or
parenting plan may be made earlier than one year after the date of the entry of
a decree of dissolution or legal separation containing a provision dealing with
custody, except in accordance with paragraph (c).
(b) If a
motion for modification has been heard, whether or not it was granted, unless
agreed to in writing by the parties no subsequent motion may be filed within
two years after disposition of the prior motion on its merits, except in
accordance with paragraph (c).
(c) The
time limitations prescribed in paragraphs (a) and (b) shall not prohibit a
motion to modify a custody order or parenting plan if the court finds that
there is persistent and willful denial or interference with parenting time, or
has reason to believe that the child's present environment may endanger the
child's physical or emotional health or impair the child's emotional
development.
(d) If the
court has jurisdiction to determine child custody matters, the court shall not
modify a prior custody order or a parenting plan provision which specifies the
child's primary residence unless it finds, upon the basis of facts, including
unwarranted denial of, or interference with, a duly established parenting time
schedule, that have arisen since the prior order or that were unknown to the
court at the time of the prior order, that a change has occurred in the
circumstances of the child or the parties and that the modification is
necessary to serve the best interests of the child. In applying these standards the court shall
retain the custody arrangement or the parenting plan provision specifying the
child's primary residence that was established by the prior order unless:
(i) the
court finds that a change in the custody arrangement or primary residence is in
the best interests of the child and the parties previously agreed, in a writing
approved by a court, to apply the best interests standard in section 518.17 or
257.025, as applicable; and, with respect to agreements approved by a court on
or after April 28, 2000, both parties were represented by counsel when the
agreement was approved or the court found the parties were fully informed, the
agreement was voluntary, and the parties were aware of its implications;
(ii) both
parties agree to the modification;
(iii) the
child has been integrated into the family of the petitioner with the consent of
the other party; or
(iv)
the child's present environment endangers the child's physical or emotional
health or impairs the child's emotional development and the harm likely to be
caused by a change of environment is outweighed by the advantage of a change to
the child; or
(v) the
court has denied a request of the primary custodial parent to move the
residence of the child to another state, and the primary custodial parent has
relocated to another state despite the court's order.
In
addition, a court may modify a custody order or parenting plan under section
631.52.
(e) In
deciding whether to modify a prior joint custody order, the court shall apply
the standards set forth in paragraph (d) unless: (1) the parties agree in writing to the
application of a different standard, or (2) the party seeking the modification
is asking the court for permission to move the residence of the child to
another state.
(f) If a
parent has been granted sole physical custody of a minor and the child
subsequently lives with the other parent, and temporary sole physical custody
has been approved by the court or by a court-appointed referee, the court may
suspend the obligor's child support obligation pending the final custody
determination. The court's order denying
the suspension of child support must include a written explanation of the
reasons why continuation of the child support obligation would be in the best
interests of the child.
Sec.
15. Minnesota Statutes 2004, section
518.551, is amended by adding a subdivision to read:
Subd. 1a. Scope;
payment to public authority. (a)
This section applies to all proceedings involving a support order, including,
but not limited to, a support order establishing an order for past support or
reimbursement of public assistance.
(b) The
court shall direct that all payments ordered for maintenance or support be made
to the public authority responsible for child support enforcement so long as
the obligee is receiving or has applied for public assistance, or has applied
for child support or maintenance collection services. Public authorities responsible for child
support enforcement may act on behalf of other public authorities responsible
for child support enforcement, including the authority to represent the legal
interests of or execute documents on behalf of the other public authority in
connection with the establishment, enforcement, and collection of child
support, maintenance, or medical support, and collection on judgments.
(c)
Payments made to the public authority other than payments under section
518.6111 must be credited as of the date the payment is received by the central
collections unit.
(d) Monthly
amounts received by the public agency responsible for child support enforcement
from the obligor that are greater than the monthly amount of public assistance
granted to the obligee must be remitted to the obligee.
Sec.
16. Minnesota Statutes 2004, section
518.551, subdivision 6, is amended to read:
Subd.
6. Failure
of notice. If the court in a
dissolution, legal separation or determination of parentage proceeding, finds
before issuing the order for judgment and decree, that notification has not
been given to the public authority, the court shall set child support according
to the guidelines in subdivision 5 as provided in Laws 2005, chapter
164, section 26. In those
proceedings in which no notification has been made pursuant to this section and
in which the public authority determines that the judgment is lower than the
child support required by the guidelines in subdivision 5, it shall move the
court for a redetermination of the support payments ordered so that the support
payments comply with the guidelines.
Sec.
17. Minnesota Statutes 2004, section
518.5513, subdivision 3, is amended to read:
Subd.
3. Contents
of pleadings. (a) In cases involving
establishment or modification of a child support order, the initiating party
shall include the following information, if known, in the pleadings:
(1) names,
addresses, and dates of birth of the parties;
(2) Social
Security numbers of the parties and the minor children of the parties, which
information shall be considered private information and shall be available only
to the parties, the court, and the public authority;
(3) other
support obligations of the obligor;
(4) names
and addresses of the parties' employers;
(5) net
gross income of the parties as defined calculated in
section 518.551, subdivision 5, with the authorized deductions itemized
518.7123;
(6) amounts
and sources of any other earnings and income of the parties;
(7) health
insurance coverage of parties;
(8) types
and amounts of public assistance received by the parties, including Minnesota
family investment plan, child care assistance, medical assistance,
MinnesotaCare, title IV-E foster care, or other form of assistance as defined
in section 256.741, subdivision 1; and
(9) any
other information relevant to the determination computation of the
child or medical support obligation under section 518.171
or 518.551, subdivision 5 518.713.
(b) For all
matters scheduled in the expedited process, whether or not initiated by the
public authority, the nonattorney employee of the public authority shall file
with the court and serve on the parties the following information:
(1)
information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;
(2) a
statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;
(3) a
statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and
(4) any
other information relevant to the determination of support that is known to the
public authority and that has not been otherwise provided by the parties.
The
information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child
care reimbursement issues.
Sec.
18. Minnesota Statutes 2004, section
518.58, subdivision 4, is amended to read:
Subd.
4. Pension
plans. (a) The division of marital
property that represents pension plan benefits or rights in the form of future
pension plan payments:
(1)
is payable only to the extent of the amount of the pension plan benefit payable
under the terms of the plan;
(2) is not
payable for a period that exceeds the time that pension plan benefits are
payable to the pension plan benefit recipient;
(3) is not
payable in a lump sum amount from defined benefit pension plan assets
attributable in any fashion to a spouse with the status of an active member,
deferred retiree, or benefit recipient of a pension plan;
(4) if the
former spouse to whom the payments are to be made dies prior to the end of the
specified payment period with the right to any remaining payments accruing to
an estate or to more than one survivor, is payable only to a trustee on behalf
of the estate or the group of survivors for subsequent apportionment by the
trustee; and
(5) in the
case of defined benefit public pension plan benefits or rights, may not
commence until the public plan member submits a valid application for a public
pension plan benefit and the benefit becomes payable.
(b) The
individual retirement account plans established under chapter 354B may provide
in its plan document, if published and made generally available, for an
alternative marital property division or distribution of individual retirement
account plan assets. If an alternative
division or distribution procedure is provided, it applies in place of
paragraph (a), clause (5).
Sec.
19. [518.7124]
POTENTIAL INCOME.
Subdivision
1. General. If a
parent is voluntarily unemployed, underemployed, or employed on a less than
full-time basis, or there is no direct evidence of any income, child support
must be calculated based on a determination of potential income. For purposes of this determination, it is
rebuttably presumed that a parent can be gainfully employed on a full-time
basis. As used in this section,
"full time" means 40 hours of work in a week except in those
industries, trades, or professions in which most employers, due to custom,
practice, or agreement, use a normal work week of more or less than 40 hours in a week.
Subd. 2. Methods. Determination of potential income must be
made according to one of three methods, as appropriate:
(1) the
parent's probable earnings level based on employment potential, recent work
history, and occupational qualifications in light of prevailing job
opportunities and earnings levels in the community;
(2) if a
parent is receiving unemployment compensation or workers' compensation, that
parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
(3) the
amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
Subd. 3. Parent
not considered voluntarily unemployed or underemployed. A parent is not considered voluntarily
unemployed or underemployed upon a showing by the parent that:
(1)
unemployment or underemployment is temporary and will ultimately lead to an
increase in income; or
(2) the
unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child.
Subd.
4.
Subd. 5. Caretaker. If a parent stays at home to care for a
child who is subject to the child support order, the court may consider the
following factors when determining whether the parent is voluntarily unemployed
or underemployed:
(1) the
parties' parenting and child care arrangements before the child support action;
(2) the
stay-at-home parent's employment history, recency of employment, earnings, and
the availability of jobs within the community for an individual with the
parent's qualifications;
(3) the
relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be
employed, and the income the stay-at-home parent could receive from available
jobs within the community for an individual with the parent's qualifications;
(4) the
child's age and health, including whether the child is physically or mentally
disabled; and
(5) the
availability of child care providers.
This
paragraph does not apply if the parent stays at home only to care for other
nonjoint children.
Subd. 6. Economic
conditions. A self-employed
parent is not considered to be voluntarily unemployed or underemployed if that
parent can show that the parent's net self-employment income is lower because
of economic conditions that are directly related to the source or sources of
that parent's income.
Sec.
20. Laws 2005, chapter 164, section 4,
is amended to read:
Sec.
4. [518.1781] SIX-MONTH REVIEW.
(a) A
request for a six-month review hearing form must be attached to a decree of
dissolution or legal separation or an order that initially establishes child
custody, parenting time, or support rights and obligations of parents. The state court administrator is requested to
prepare the request for review hearing form.
The form must include information regarding the procedures for
requesting a hearing, the purpose of the hearing, and any other information
regarding a hearing under this section that the state court administrator deems
necessary.
(b) The
six-month review hearing shall be held if any party submits a written request
for a hearing within six months after entry of a decree of dissolution or legal
separation or order that establishes child custody, parenting time, or
support.
(c) Upon
receipt of a completed request for hearing form, the court administrator shall
provide notice of the hearing to all other parties and the public
authority. The court administrator shall
schedule the six-month review hearing as soon as practicable following the
receipt of the hearing request form.
(d) At the
six-month hearing, the court must review:
(1) whether
child support is current; and
(2) whether
both parties are complying with the parenting time provisions of the
order.
(e)
At the six-month hearing, the obligor has the burden to present evidence to
establish that child support payments are current. A party may request that the public authority
provide information to the parties and court regarding child support
payments. A party must request the
information from the public authority at least 14 days before the hearing. The commissioner of human services must
develop a form to be used by the public authority to submit child support
payment information to the parties and court.
(f)
Contempt of court and all statutory remedies for child support and parenting
time enforcement may be imposed by the court at the six-month hearing for
noncompliance by either party pursuant to chapters 517C and 588 and the
Minnesota Court Rules.
(g) A
request for a six-month review hearing form must be attached to a decree or
order signed on or after January 1, 2007, that initially establishes
child support rights and obligations according to section 517A.29.
Sec.
21. Laws 2005, chapter 164, section 5,
is amended to read:
Sec.
5. Minnesota Statutes 2004, section
518.54, is amended to read:
518.54 DEFINITIONS.
Subdivision
1. Terms. For the purposes of sections 518.1781
and 518.54 to 518.773, the terms defined in this section shall have the
meanings respectively ascribed to them.
Subd.
2. Child.
"Child" means an individual under 18 years of age, an individual
under age 20 who is still attending secondary school, or an individual who, by
reason of physical or mental condition, is incapable of self-support.
Subd. 2a. Deposit account. "Deposit
account" means funds deposited with a financial institution in the form of
a savings account, checking account, NOW account, or demand deposit
account.
Subd.
2b. Financial
institution. "Financial institution" means a savings association,
bank, trust company, credit union, industrial loan and thrift company, bank and
trust company, or savings association, and includes a branch or detached
facility of a financial institution.
Subd.
3. Maintenance.
"Maintenance" means an award made in a dissolution or legal
separation proceeding of payments from the future income or earnings of one
spouse for the support and maintenance of the other.
Subd.
4. Support
money; child support. "Support money" or "child
support" means an amount for basic support, child care support, and
medical support pursuant to:
(1) an award
in a dissolution, legal separation, annulment, or parentage proceeding for the
care, support and education of any child of the marriage or of the parties to
the proceeding;
(2) a
contribution by parents ordered under section 256.87; or
(3) support
ordered under chapter 518B or 518C.
Subd.
4a. Support
order. (a) "Support
order" means a judgment, decree, or order, whether temporary, final, or
subject to modification, issued by a court or administrative agency of
competent jurisdiction,:
(1) for the
support and maintenance of a child, including a child who has attained the age
of majority under the law of the issuing state, or;
(2)
for , and that;
or
(3) for the
maintenance of a spouse or former spouse.
(b) The
support order may include related costs and fees, interest and penalties,
income withholding, and other relief.
This definition applies to orders issued under this chapter and chapters
256, 257, and 518C.
Subd.
5. Marital
property; exceptions. "Marital property" means property, real or
personal, including vested public or private pension plan benefits or rights,
acquired by the parties, or either of them, to a dissolution, legal separation,
or annulment proceeding at any time during the existence of the marriage
relation between them, or at any time during which the parties were living together
as husband and wife under a purported marriage relationship which is annulled
in an annulment proceeding, but prior to the date of valuation under section
518.58, subdivision 1. All property
acquired by either spouse subsequent to the marriage and before the valuation
date is presumed to be marital property regardless of whether title is held
individually or by the spouses in a form of co-ownership such as joint tenancy,
tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common
ownership in marital property that vests not later than the time of the entry
of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be
determined and made final by the court pursuant to section 518.58. If a title interest in real property is held
individually by only one spouse, the interest in the real property of the
nontitled spouse is not subject to claims of creditors or judgment or tax liens
until the time of entry of the decree awarding an interest to the nontitled
spouse. The presumption of marital
property is overcome by a showing that the property is nonmarital
property.
"Nonmarital
property" means property real or personal, acquired by either spouse
before, during, or after the existence of their marriage, which
(a) is
acquired as a gift, bequest, devise or inheritance made by a third party to one
but not to the other spouse;
(b) is
acquired before the marriage;
(c) is
acquired in exchange for or is the increase in value of property which is
described in clauses (a), (b), (d), and (e);
(d) is
acquired by a spouse after the valuation date; or
(e) is
excluded by a valid antenuptial contract.
Subd.
6. Income.
"Income" means any form of periodic payment to an individual
including, but not limited to, wages, salaries, payments to an independent
contractor, workers' compensation, unemployment benefits, annuity, military and
naval retirement, pension and disability payments. Benefits received under Title IV-A of the
Social Security Act and chapter 256J are not income under this section.
Subd.
7. Obligee.
"Obligee" means a person to whom payments for maintenance or
support are owed.
Subd.
8. Obligor.
"Obligor" means a person obligated to pay maintenance or
support. A person who is designated
as the sole physical custodian has primary physical custody of a
child is presumed not to be an obligor for purposes of calculating current
a child support under section 518.551 order under section
518.713, unless section 518.72, subdivision 3, applies or the court
makes specific written findings to overcome this presumption. For purposes of ordering medical support
under section 518.719, a custodial parent who has primary physical
custody of a child may be an obligor subject to a cost-of-living
adjustment under section 518.641 and a payment agreement under section
518.553.
Subd.
9. Public
authority. "Public authority" means the local unit of government,
acting on behalf of the state, that is responsible for child support
enforcement or the Department of Human Services, Child Support Enforcement
Division.
Subd.
10. Pension
plan benefits or rights. "Pension plan benefits or rights" means
a benefit or right from a public or private pension plan accrued to the end of
the month in which marital assets are valued, as determined under the terms of
the laws or other plan document provisions governing the plan, including
section 356.30.
Subd.
11. Public
pension plan. "Public pension plan" means a pension plan or fund specified in
section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred
compensation plan specified in section 352.96, or any retirement or pension
plan or fund, including a supplemental retirement plan or fund, established,
maintained, or supported by a governmental subdivision or public body whose
revenues are derived from taxation, fees, assessments, or from other public
sources.
Subd.
12. Private
pension plan. "Private pension plan" means a plan, fund, or program maintained by
an employer or employee organization that provides retirement income to
employees or results in a deferral of income by employees for a period
extending to the termination of covered employment or beyond.
Subd.
13. Arrears. Arrears are amounts that accrue pursuant
to an obligor's failure to comply with a support order.
Past support and pregnancy and confinement expenses contained in a
support order are arrears if the court order does not contain repayment
terms. Arrears also arise by the
obligor's failure to comply with the terms of a court order for repayment of
past support or pregnancy and confinement expenses. An obligor's failure to comply with the terms
for repayment of amounts owed for past support or pregnancy and confinement
turns the entire amount owed into arrears.
Subd.
14. IV-D
case. "IV-D case" means a case where a party has assigned to the
state rights to child support because of the receipt of public assistance as
defined in section 256.741 or has applied for child support services under title
IV-D of the Social Security Act, United States Code, title 42, section
654(4).
Subd.
15. Parental
income for determining child support (PICS). "Parental income
for determining child support," or "PICS," means gross
income under subdivision 18 minus deductions for nonjoint children as
allowed by under section 518.717.
Subd.
16. Apportioned
veterans' benefits. "Apportioned veterans' benefits" means the
amount the Veterans Administration deducts from the veteran's award and
disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall
be that determined by the Veterans Administration and governed by Code of
Federal Regulations, title 38, sections 3.450 to 3.458.
Subd.
17. Basic
support. "Basic support" means the basic support
obligation determined by applying the parent's parental income for child
support, or if there are two parents, their combined parental income for child
support, to the guideline in the manner set out in section 518.725
computed under section 518.713.
Basic support includes the dollar amount ordered for a child's housing,
food, clothing, transportation, and education costs, and other expenses
relating to the child's care. Basic
support does not include monetary contributions for a child's child care
expenses and medical and dental expenses.
Subd.
18. Gross
income. "Gross income" means:
(1) the gross
income of the parent calculated under section 518.7123; plus
(2) Social
Security or veterans' benefit payments received on behalf of the child under
section 518.718; plus
(3)
the potential income of the parent, if any, as determined in subdivision 23;
minus
(4) spousal
maintenance that any party has been ordered to pay; minus
(5) the
amount of any existing child support order for other nonjoint children.
Subd.
19. Joint
child. "Joint child" means the dependent child who is the son
or daughter child of both parents in the support proceeding. In those cases where support is sought
from only one parent of a child, a joint child is the child for whom support is
sought.
Subd.
20. Nonjoint
child. "Nonjoint child" means the legal child of one, but not
both of the parents subject to this determination. Specifically excluded from this definition
are in the support proceeding.
Nonjoint child does not include stepchildren.
Subd.
21. Parenting
time. "Parenting time" means the amount of time a child is
scheduled to spend with the parent according to a court order. Parenting time includes time with the child
whether it is designated as visitation, physical custody, or parenting
time. For purposes of section 518.722,
the percentage of parenting time may be calculated by calculating the number of
overnights that a child spends with a parent, or by using a method other than
overnights if the parent has significant time periods where the child is in the
parent's physical custody, but does not stay overnight.
Subd.
22. Payor of funds. "Payor of funds" means a person or entity
that provides funds to an obligor, including an employer as defined under
chapter 24, section 3401(d), of the Internal Revenue Code, an independent
contractor, payor of workers' compensation benefits or unemployment insurance
benefits, or a financial institution as defined in section 13B.06.
Subd. 23. Potential
income. "Potential income" is income determined under this
subdivision.
(a) If a
parent is voluntarily unemployed, underemployed, or employed on a less than
full-time basis, or there is no direct evidence of any income, child support
shall be calculated based on a determination of potential income. For purposes of this determination, it is
rebuttably presumed that a parent can be gainfully employed on a full-time
basis.
(b)
Determination of potential income shall be made according to one of three
methods, as appropriate:
(1) the
parent's probable earnings level based on employment potential, recent work
history, and occupational qualifications in light of prevailing job
opportunities and earnings levels in the community;
(2) if a parent
is receiving unemployment compensation or workers' compensation, that parent's
income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or
(3) the
amount of income a parent could earn working full time at 150 percent of the
current federal or state minimum wage, whichever is higher.
(c) A
parent is not considered voluntarily unemployed or underemployed upon a showing
by the parent that:
(1)
unemployment or underemployment is temporary and will ultimately lead to an
increase in income;
(2) the
unemployment or underemployment represents a bona fide career change that
outweighs the adverse effect of that parent's diminished income on the child;
or
(3)
the parent is unable to work full time due to a verified disability or due to
incarceration.
(d) As used
in this section, "full time" means 40 hours of work in a week except
in those industries, trades, or professions in which most employers due to
custom, practice, or agreement utilize a normal work week of more or less than
40 hours in a week.
(e) If the
parent of a joint child is a recipient of a temporary assistance to a needy
family (TANF) cash grant, no potential income shall be imputed to that
parent.
(f) If a
parent stays at home to care for a child who is subject to the child support
order, the court may consider the following factors when determining whether
the parent is voluntarily unemployed or underemployed:
(1) the
parties' parenting and child care arrangements before the child support action;
(2) the
stay-at-home parent's employment history, recency of employment, earnings, and
the availability of jobs within the community for an individual with the
parent's qualifications;
(3) the
relationship between the employment-related expenses, including, but not
limited to, child care and transportation costs required for the parent to be
employed, and the income the stay-at-home parent could receive from available
jobs within the community for an individual with the parent's qualifications;
(4) the
child's age and health, including whether the child is physically or mentally
disabled; and
(5) the
availability of child care providers.
(g)
Paragraph (f) does not apply if the parent stays at home to care for other
nonjoint children, only.
(h) A
self-employed parent shall not be considered to be voluntarily unemployed or
underemployed if that parent can show that the parent's net self-employment
income is lower because of economic conditions.
Subd.
24. Subd. 22. Primary
physical custody. The parent
having "primary physical custody" means the parent who provides the
primary residence for a child and is responsible for the majority of the
day-to-day decisions concerning a child.
Subd.
25. Subd.
23. Social Security benefits. "Social Security
benefits" means the monthly amount retirement, survivors, or
disability insurance benefits that the Social Security Administration pays
to provides to a parent for that parent's own benefit or for the benefit
of a joint child or the child's representative payee due solely to the
disability or retirement of either parent.
Benefits paid. Social
Security benefits do not include Supplemental Security Income benefits that the
Social Security Administration provides to a parent for the parent's own
benefit or to a parent due to the
disability of a child are excluded from this definition.
Subd.
26. Split
custody. "Split custody" means that each parent in a two-parent
calculation has primary physical custody of at least one of the joint children.
Subd. 27. Subd. 24. Survivors' and dependents'
educational assistance. "Survivors' and dependents' educational
assistance" are funds disbursed by the Veterans Administration under
United States Code, title 38, chapter 35, to the child or the child's
representative payee.
Sec.
22. Laws 2005, chapter 164, section 8,
is amended to read:
Sec.
8. Minnesota Statutes 2004, section
518.551, subdivision 5b, is amended to read:
Subd.
5b. Providing
income information. (a) In any case where the parties have joint children
for which a child support order must be determined, the parties shall serve and
file with their initial pleadings or motion documents, a financial affidavit,
disclosing all sources of gross income for purposes of section 518.7123. The financial affidavit shall include
relevant supporting documentation necessary to calculate the parental income
for child support under section 518.54, subdivision 15, including, but not
limited to, pay stubs for the most recent three months, employer statements, or
statements of receipts and expenses if self-employed. Documentation of earnings and income also
include relevant copies of each parent's most recent federal tax returns,
including W-2 forms, 1099 forms, unemployment benefit statements, workers'
compensation statements, and all other documents evidencing earnings or income
as received that provide verification for the financial affidavit. The commissioner of human services shall
prepare a financial affidavit form that must be used by the parties for
disclosing information under this subdivision.
(b) In
addition to the requirements of paragraph (a), at any time after an action
seeking child support has been commenced or when a child support order is in
effect, a party or the public authority may require the other party to give
them a copy of the party's most recent federal tax returns that were filed with
the Internal Revenue Service. The party
shall provide a copy of the tax returns within 30 days of receipt of the request
unless the request is not made in good faith.
A request under this paragraph may not be made more than once every two
years, in the absence of good cause.
(c) If a
parent under the jurisdiction of the court does not serve and file the
financial affidavit with the parent's initial pleading or motion documents,
the court shall set income for that parent based on credible evidence before
the court or in accordance with section 518.54, subdivision 23
518.7124. Credible evidence may
include documentation of current or recent income, testimony of the other
parent concerning recent earnings and income levels, and the parent's wage
reports filed with the Minnesota Department of Employment and Economic
Development under section 268.044. The
court may consider credible evidence from one party that the financial
affidavit submitted by the other party is false or inaccurate.
(d) If the
court determines that a party does not have access to documents that are
required to be disclosed under this section, the court may consider the
testimony of that party as credible evidence of that party's income.
Sec.
23. Laws 2005, chapter 164, section 10,
is amended to read:
Sec.
10. Minnesota Statutes 2004, section
518.64, subdivision 2, is amended to read:
Subd.
2. Modification.
(a) The terms of an order respecting maintenance or support may be modified
upon a showing of one or more of the following, any of which makes the terms
unreasonable and unfair: (1)
substantially increased or decreased gross income of an obligor or obligee; (2)
substantially increased or decreased need of an obligor or obligee or the child
or children that are the subject of these proceedings; (3) receipt of
assistance under the AFDC program formerly codified under sections 256.72 to
256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost
of living for either party as measured by the Federal Bureau of Labor
Statistics, any of which makes the terms unreasonable and unfair; (5)
extraordinary medical expenses of the child not provided for under section
518.171; (6) the addition of work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in existing
work-related or education-related child care expenses; or (7) upon the emancipation
of the child, as provided in section 518.64, subdivision 4a.
(b) It is
presumed that there has been a substantial change in circumstances under
paragraph (a) and the terms of a current support order shall be rebuttably
presumed to be unreasonable and unfair if:
(1)
the application of the child support guidelines in section 518.551,
subdivision 5 518.725, to the current circumstances of the parties
results in a calculated court order that is at least 20 percent and at least
$75 per month higher or lower than the current support order or, if the
current support order is less than $75, it results in a calculated court order
that is at least 20 percent per month higher or lower;
(2) the
medical support provisions of the order established under section 518.719 are
not enforceable by the public authority or the obligee;
(3) health
coverage ordered under section 518.719
is not available to the child for whom the order is established by the
parent ordered to provide;
(4) the
existing support obligation is in the form of a statement of percentage and not
a specific dollar amount; or
(5) the
gross income of an obligor or obligee has decreased by at least 20 percent
through no fault or choice of the party.
(c) A child
support order is not presumptively modifiable solely because an obligor or
obligee becomes responsible for the support of an additional nonjoint child,
which is born after an existing order.
Section 518.717 shall be considered if other grounds are alleged which
allow a modification of support.
(d) On a
motion for modification of maintenance, including a motion for the extension of
the duration of a maintenance award, the court shall apply, in addition to all
other relevant factors, the factors for an award of maintenance under section 518.552
that exist at the time of the motion. On
a motion for modification of support, the court:
(1) shall
apply section 518.725, and shall not consider the financial circumstances of
each party's spouse, if any; and
(2) shall
not consider compensation received by a party for employment in excess of a
40-hour work week, provided that the party demonstrates, and the court finds,
that:
(i) the
excess employment began after entry of the existing support order;
(ii) the
excess employment is voluntary and not a condition of employment;
(iii) the
excess employment is in the nature of additional, part-time employment, or
overtime employment compensable by the hour or fractions of an hour;
(iv) the
party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation;
(v) in the
case of an obligor, current child support payments are at least equal to the
guidelines amount based on income not
excluded under this clause; and
(vi) in the
case of an obligor who is in arrears in child support payments to the obligee,
any net income from excess employment must be used to pay the arrearages until
the arrearages are paid in full.
(e) A
modification of support or maintenance, including interest that accrued
pursuant to section 548.091, may be made retroactive only with respect to any
period during which the petitioning party has pending a motion for modification
but only from the date of service of notice of the motion on the responding
party and on the public authority if public assistance is being furnished or
the county attorney is the attorney of record.
(f)
Except for an award of the right of occupancy of the homestead, provided in
section 518.63, all divisions of real and personal property provided by section
518.58 shall be final, and may be revoked or modified only where the court
finds the existence of conditions that justify reopening a judgment under the
laws of this state, including motions under section 518.145, subdivision 2. The court may impose a lien or charge on the
divided property at any time while the property, or subsequently acquired
property, is owned by the parties or either of them, for the payment of
maintenance or support money, or may sequester the property as is provided by
section 518.24.
(g) The
court need not hold an evidentiary hearing on a motion for modification of
maintenance or support.
(h) Section
518.14 shall govern the award of attorney fees for motions brought under this
subdivision.
(i) Except
as expressly provided, an enactment, amendment, or repeal of law does not
constitute a substantial change in the circumstances for purposes of modifying
a child support order.
(j) There
may be no modification of an existing child support order during the first year
following the effective date of sections 518.7123 to 518.729 except as
follows:
(1) there
is at least a 20 percent change in the gross income of the obligor;
(2) there
is a change in the number of joint children for whom the obligor is legally
responsible and actually supporting;
(3) a
parent or another caregiver of the child who is supported by the existing
support order begins to receive public assistance, as defined in section
256.741;
(4) there
are additional work-related or education-related child care expenses of the
obligee or a substantial increase or decrease in existing work-related or
education-related child care expenses;
(5) there
is a change in the availability of health care coverage, as defined in section
518.719, subdivision 1, paragraph (a), or a substantial increase or decrease in
the cost of existing health care coverage;
(6) the child
supported by the existing child support order becomes disabled; or
(4) (7) both
parents consent to modification of the existing order in compliance with the
new income shares guidelines under section 518.713.
A
modification under clause (4) may be granted only with respect to child care
support. A modification under clause (5)
may be granted only with respect to medical support. This paragraph expires January 1, 2008.
(k) On the
first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance
would create hardship for either the obligor or the obligee.
Paragraph
(j) expires January 1, 2008.
Sec.
24. Laws 2005, chapter 164, section 11,
is amended to read:
Sec.
11. Minnesota Statutes 2004, section
518.64, is amended by adding a subdivision to read:
Subd.
7. Child
care exception. Child care
support must be based on the actual child care expenses. The court may provide that a reduction
decrease in the amount allocated for of the child care expenses
based on a substantial decrease in the actual child care expenses
is effective as of the date the expense is decreased.
Sec.
25. Laws 2005, chapter 164, section 14,
is amended to read:
Sec.
14. [518.7123]
CALCULATION OF GROSS INCOME.
(a) Except
as excluded below Subject to the exclusions and deductions in this
section, gross income includes income from any source any form of
periodic payment to an individual, including, but not limited to, salaries,
wages, commissions, advances, bonuses, dividends, severance pay, pensions,
interest, honoraria, trust income, annuities, return on capital, Social
Security benefits, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, gifts, prizes, including lottery
winnings, alimony, spousal maintenance payments, income from self-employment or
operation of a business, as determined self-employment income under
section 518.7125, workers' compensation, unemployment benefits, annuity
payments, military and naval retirement, pension and disability payments,
spousal maintenance received under a previous order or the current proceeding,
Social Security or veterans benefits provided for a joint child under section
518.718, and potential income under section 518.7124. All salary Salaries, wages,
commissions, or other compensation paid by third parties shall be based upon Medicare
gross income before participation in an employer-sponsored benefit plan that
allows an employee to pay for a benefit or expense using pretax dollars, such
as flexible spending plans and health savings accounts. No deductions shall be allowed for
contributions to pensions, 401-K, IRA, or other retirement benefits.
(b) Excluded
and not counted in Gross income is does not include compensation
received by a party for employment in excess of a 40-hour work week, provided
that:
(1) child
support is nonetheless ordered in an amount at least equal to the
guideline amount based on gross income not excluded under this clause; and
(2) the
party demonstrates, and the court finds, that:
(i) the
excess employment began after the filing of the petition for dissolution or legal
separation or a petition related to custody, parenting time, or support;
(ii) the
excess employment reflects an increase in the work schedule or hours worked
over that of the two years immediately preceding the filing of the petition;
(iii) the excess
employment is voluntary and not a condition of employment;
(iv) the
excess employment is in the nature of additional, part-time or overtime
employment compensable by the hour or fraction of an hour; and
(v) the
party's compensation structure has not been changed for the purpose of
affecting a support or maintenance obligation.
(c) Expense
reimbursements or in-kind payments received by a parent in the course of
employment, self-employment, or operation of a business shall be counted as
income if they reduce personal living expenses.
(d) Gross
income may be calculated on either an annual or monthly basis. Weekly income shall be translated to monthly
income by multiplying the weekly income by 4.33.
(e) Excluded
and not counted as Gross income is any does not include a child
support payment received by a party. It
is a rebuttable presumption that adoption assistance payments, guardianship
assistance payments, and foster care subsidies are excluded and not counted
as gross income.
(f)
Excluded and not counted as Gross income is does not
include the income of the obligor's spouse and the obligee's spouse.
(g) Child
support or spousal maintenance payments ordered by a court for a nonjoint child
or former spouse or ordered payable to the other party as part of the current
proceeding are deducted from other periodic payments received by a party for
purposes of determining gross income.
(h) Gross
income does not include public assistance benefits received under section
256.741 or other forms of public assistance based on need.
Sec.
26. Laws 2005, chapter 164, section 15,
is amended to read:
Sec.
15. [518.7125]
INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A BUSINESS.
For purposes
of section 518.7123, income from self-employment, rent, royalties,
proprietorship or operation of a business, or including
joint ownership of a partnership or closely held corporation, gross income
is defined as gross receipts minus costs of goods sold minus ordinary and
necessary expenses required for self-employment or business operation. Specifically excluded from ordinary and
necessary expenses are amounts allowable by the Internal Revenue Service for
the accelerated component of depreciation expenses, investment tax credits, or
any other business expenses determined by the court to be inappropriate or
excessive for determining gross income for purposes of calculating child
support. The person seeking to deduct
an expense, including depreciation, has the burden of proving, if challenged,
that the expense is ordinary and necessary.
Sec.
27. Laws 2005, chapter 164, section 16,
is amended to read:
Sec.
16. [518.713]
COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
(a) To
determine the presumptive amount of child support owed by obligation
of a parent, the court shall follow the procedure set forth in this
section:.
(b) To
determine the obligor's basic support obligation, the court shall:
(1)
determine the gross income of each parent using the definition in section
518.54, subdivision 18 under section 518.7123;
(2) calculate
the parental income for determining child support (PICS) of each parent under
section 518.54, subdivision 15, by subtracting from the gross income the
credit, if any, for each parent's nonjoint children under section 518.717;
(3)
determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4)
determine the combined basic support obligation by application of the schedule
guidelines in section 518.725;
(5)
determine each parent's the obligor's share of the basic support
obligation by multiplying the percentage figure from clause (3) by the combined
basic support obligation in clause (4); and
(6)
determine the parenting expense adjustment, if any, as provided in section
518.722, and adjust that parent's the obligor's basic support
obligation accordingly;. If
the parenting time of the parties is presumed equal, section 518.722,
subdivision 3, applies to the calculation of the basic support obligation and a
determination of which parent is the obligor.
(7) (c) The
court shall determine the child care support obligation for each
parent the obligor as provided in section 518.72;.
(8) (d) The
court shall determine the health care coverage medical support
obligation for each parent as provided in section 518.719. Unreimbursed and uninsured medical expenses
are not included in the presumptive amount of support owed by a parent and are
calculated and collected as described in section 518.722; 518.719.
(9) (e) The
court shall determine each parent's total child support obligation by
adding together each parent's basic support, child care support, and health
care coverage obligations as provided in clauses (1) to (8);
(10) reduce
or increase each parent's total child support obligation by the amount of the
health care coverage contribution paid by or on behalf of the other parent, as
provided in section 518.719, subdivision 5; this
section.
(11) (f) If
Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child due to the other parent's disability
or retirement, based on the other parent's eligibility, the court shall subtract the amount of benefits from the other
parent's net child support obligation, if any;.
(12) apply
the self-support adjustment and minimum support obligation provisions as
provided in section 518.724; and
(13) (g) The
final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518.724 to
determine the obligor's child support obligation.
Sec.
28. Laws 2005, chapter 164, section 17,
subdivision 1, is amended to read:
Subdivision
1. General
factors. Among other reasons,
deviation from the presumptive guideline amount child support
obligation computed under section 518.713 is intended to encourage prompt
and regular payments of child support and to prevent either parent or the joint
children from living in poverty. In
addition to the child support guidelines and other factors used to calculate
the child support obligation under section 518.713, the court must take
into consideration the following factors in setting or modifying child support
or in determining whether to deviate upward or downward from the guidelines
presumptive child support obligation:
(1) all
earnings, income, circumstances, and resources of each parent, including real
and personal property, but excluding income from excess employment of the
obligor or obligee that meets the criteria of section 518.7123, paragraph (b),
clause (2);
(2) the
extraordinary financial needs and resources, physical and emotional condition,
and educational needs of the child to be supported;
(3) the
standard of living the child would enjoy if the parents were currently living
together, but recognizing that the parents now have separate households;
(4) which
parent receives the income taxation dependency exemption and the financial
benefit the parent receives from it;
(5)
the parents' debts as provided in subdivision 2; and
(6) the
obligor's total payments for court-ordered child support exceed the limitations
set forth in section 571.922.
Sec.
29. Laws 2005, chapter 164, section 18,
is amended to read:
Sec.
18. [518.715]
WRITTEN FINDINGS.
Subdivision
1. No
deviation. If the court does not
deviate from the guidelines presumptive child support obligation
computed under section 518.713, the court must make written findings concerning
the amount of the parties' gross income used as the basis for the guidelines
calculation and that state:
(1) each
parent's gross income;
(2) each
parent's PICS; and
(3) any other
significant evidentiary factors affecting the child support determination.
Subd.
2. Deviation.
(a) If the court deviates from the guidelines by agreement of the
parties or pursuant to presumptive child support obligation computed
under section 518.714 518.713, the court must make written
findings giving that state:
(1) each
parent's gross income;
(2) each
parent's PICS;
(3) the amount
of the child support calculated obligation computed under the
guidelines, section 518.713;
(4) the
reasons for the deviation,; and must specifically address
(5) how the
deviation serves the best interests of the child; and.
(b)
determine each parent's gross income and PICS.
Subd.
3. Written
findings required in every case. The
provisions of this section apply whether or not the parties are each
represented by independent counsel and have entered into a written
agreement. The court must review
stipulations presented to it for conformity to the guidelines with
section 518.713. The court is not
required to conduct a hearing, but the parties must provide sufficient
documentation to verify the child support determination, and to justify
any deviation from the guidelines.
Sec.
30. Laws 2005, chapter 164, section 20,
is amended to read:
Sec.
20. [518.717]
DEDUCTION FROM INCOME FOR NONJOINT CHILDREN.
(a) When either
or both parents of the joint child subject to this determination are
legally responsible for a nonjoint child who resides in that parent's
household, a credit deduction for this obligation shall be
calculated under this section if:
(1) the
nonjoint child primarily resides in the parent's household; and
(2)
the parent is not obligated to pay basic child support for the nonjoint child
to the other parent or a legal custodian of the child under an existing child
support order
(b) Determine
the gross income for each parent under section 518.54, subdivision 18.
(c) Using The
court shall use the guideline as established in guidelines under section
518.725, to determine the basic child support obligation for the
nonjoint child or children who actually reside in the parent's household, by
using the gross income of the parent for whom the credit deduction is
being calculated, and using the number of nonjoint children actually
primarily residing in the parent's immediate household. If the
number of nonjoint children to be used for the determination is greater than
two, the determination shall must be made using the number two
instead of the greater number.
(d) (c) The
credit deduction for nonjoint children shall be is 50
percent of the guideline amount from determined under paragraph (c)
(b).
Sec.
31. Laws 2005, chapter 164, section 21,
is amended to read:
Sec.
21. [518.718]
SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS RECEIVED ON BEHALF OF THE CHILD.
(a) The
amount of the monthly Social Security benefits or apportioned veterans'
benefits received by the child or on behalf of the provided for a
joint child shall be added to included in the gross income of
the parent for whom the disability or retirement benefit was paid on
whose eligibility the benefits are based.
(b) The
amount of the monthly survivors' and dependents' educational assistance received
by the child or on behalf of the provided for a joint child shall be
added to included in the gross income of the parent for whom
the disability or retirement benefit was paid on whose eligibility the
benefits are based.
(c) If the
Social Security or apportioned veterans' benefits are paid on behalf provided
for a joint child based on the eligibility of the obligor, and are received
by the obligee as a representative payee for the child or by the child
attending school, then the amount of the benefits may shall also
be subtracted from the obligor's net child support obligation as calculated
pursuant to section 518.713.
(d) If the
survivors' and dependents' educational assistance is paid on behalf provided
for a joint child based on the eligibility of the obligor, and is received
by the obligee as a representative payee for the child or by the child
attending school, then the amount of the assistance shall also be subtracted
from the obligor's net child support obligation as calculated pursuant to
under section 518.713.
Sec.
32. Laws 2005, chapter 164, section 22,
subdivision 2, is amended to read:
Subd.
2. Order.
(a) A completed national medical support notice issued by the public
authority or a court order that complies with this section is a qualified
medical child support order under the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29, section
1169(a).
(b) Every
order addressing child support must state:
(1) the
names, last known addresses, and Social Security numbers of the parents and the
joint child that is a subject of the order unless the court prohibits the
inclusion of an address or Social Security number and orders the parents to
provide the address and Social Security number to the administrator of the
health plan;
(2) whether
appropriate health care coverage for the joint child is available and, if so,
state:
(i)
which party parent must carry health care coverage;
(ii) the
cost of premiums and how the cost is allocated between the parties
parents;
(iii) how
unreimbursed expenses will be allocated and collected by the parties
parents; and
(iv) the
circumstances, if any, under which the obligation to provide health care
coverage for the joint child will shift from one party parent to
the other; and
(3) if
appropriate health care coverage is not available for the joint child, whether
a contribution for medical support is required; and.
(4) whether
the amount ordered for medical support is subject to a cost-of-living
adjustment under section 518.641.
Sec.
33. Laws 2005, chapter 164, section 22,
subdivision 3, is amended to read:
Subd.
3. Determining
appropriate health care coverage. (a) In determining whether a party
parent has appropriate health care coverage for the joint child, the
court must evaluate the health plan using the following factors:
(1)
accessible coverage. Dependent health care coverage is accessible if the
covered joint child can obtain services from a health plan provider with
reasonable effort by the parent with whom the joint child resides. Health care coverage is presumed accessible
if:
(i) primary
care coverage is available within 30 minutes or 30 miles of the joint child's
residence and specialty care coverage is available within 60 minutes or 60
miles of the joint child's residence;
(ii) the
coverage is available through an employer and the employee can be expected to
remain employed for a reasonable amount of time; and
(iii) no
preexisting conditions exist to delay coverage unduly;
(2)
comprehensive coverage. Dependent health care coverage is presumed comprehensive
if it includes, at a minimum, medical and hospital coverage and provides
for preventive, emergency, acute, and chronic care. If both parties parents
have health care coverage that meets the minimum requirements, the court
must determine which health care coverage is more comprehensive by considering
whether the coverage includes:
(i) basic
dental coverage;
(ii)
orthodontia;
(iii)
eyeglasses;
(iv)
contact lenses;
(v) mental
health services; or
(vi)
substance abuse treatment;
(3)
affordable coverage. Dependent health care coverage is affordable if it is reasonable
in cost; and
(4)
the joint child's special medical needs, if any.
(b) If both
parties parents have health care coverage available for a joint
child, and the court determines under paragraph (a), clauses (1) and (2), that
the available coverage is comparable with regard to accessibility and
comprehensiveness, the least costly health care coverage is the presumed
appropriate health care coverage for the joint child.
Sec.
34. Laws 2005, chapter 164, section 22,
subdivision 4, is amended to read:
Subd.
4. Ordering
health care coverage. (a) If a joint child is presently enrolled in health
care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the parties parents agree
otherwise or a party parent requests a change in coverage and the
court determines that other health care coverage is more appropriate.
(b) If a
joint child is not presently enrolled in health care coverage, upon motion of a
party parent or the public authority, the court must determine
whether one or both parties parents have appropriate health care
coverage for the joint child and order the party parent with
appropriate health care coverage available to carry the coverage for the joint
child.
(c) If only
one party parent has appropriate health care coverage available,
the court must order that party parent to carry the coverage for
the joint child.
(d) If both
parties parents have appropriate health care coverage available,
the court must order the parent with whom the joint child resides to carry the
coverage for the joint child, unless:
(1) either party
parent expresses a preference for coverage available through the parent
with whom the joint child does not reside;
(2) the
parent with whom the joint child does not reside is already carrying dependent
health care coverage for other children and the cost of contributing to the
premiums of the other parent's coverage would cause the parent with whom the
joint child does not reside extreme hardship; or
(3) the
parents agree to provide coverage and agree on the allocation of costs.
(e) If the
exception in paragraph (d), clause (1) or (2), applies, the court must
determine which party parent has the most appropriate coverage
available and order that party parent to carry coverage for the
joint child. If the court determines
under subdivision 3, paragraph (a), clauses (1) and (2), that the parties'
parents' health care coverage for the joint child is comparable with
regard to accessibility and comprehensiveness, the court must presume that the party
parent with the least costly health care coverage to carry coverage for
the joint child.
(f) If
neither party parent has appropriate health care coverage
available, the court must order the parents to:
(1)
contribute toward the actual health care costs of the joint children based on a
pro rata share; or
(2) if the
joint child is receiving any form of medical assistance under chapter 256B or
MinnesotaCare under chapter 256L, the parent with whom the joint child does not
reside shall contribute a monthly amount toward the actual cost of medical
assistance under chapter 256B or MinnesotaCare under chapter 256L. The amount of contribution of the
noncustodial parent is the amount the noncustodial parent would pay for the
child's premiums if the noncustodial parent's PICS income meets the
eligibility requirements for public coverage. For purposes of determining the
premium amount, the noncustodial parent's household size is equal to one parent
plus the child or children who are the subject of the child support order. If the noncustodial parent's PICS income
exceeds the eligibility
requirements for public coverage, the court must order the noncustodial
parent's contribution toward the full premium cost of the child's or children's
coverage. The custodial parent's
obligation is determined under the requirements for public coverage as set
forth in chapter 256B or 256L. The court
may order the parent with whom the child resides to apply for public coverage for
the child.
(g) A
presumption of no less than $50 per month must be applied to the actual health
care costs of the joint children or to the cost of health care coverage.
(h) (g) The
commissioner of human services must publish a table with the premium schedule
for public coverage and update the chart for changes to the schedule by July 1
of each year.
Sec.
35. Laws 2005, chapter 164, section 22,
subdivision 16, is amended to read:
Subd.
16. Income
withholding; Offset. (a) If a party owes no joint child support
obligation for a child is the parent with primary physical custody as
defined in section 518.54, subdivision 24, and is an obligor ordered to
contribute to the other party's cost for carrying health care coverage for the
joint child, the obligor other party's child support obligation
is subject to an offset under subdivision 5 or income withholding under
section 518.6111.
(b) If a
party's court-ordered health care coverage for the joint child terminates and
the joint child is not enrolled in other health care coverage or public
coverage, and a modification motion is not pending, the public authority may
remove the offset to a party's child support obligation or terminate income
withholding instituted against a party under section 518.6111. The public authority must provide notice to
the parties of the action.
(b) The
public authority, if the public authority provides services, may remove the
offset to a party's child support obligation when:
(1) the
party's court-ordered health care coverage for the joint child terminates;
(2) the
party does not enroll the joint child in other health care coverage; and
(3) a
modification motion is not pending.
The public
authority must provide notice to the parties of the action.
(c) A party
may contest the public authority's action to remove the offset to the child
support obligation or terminate income withholding if the party makes a
written request for a hearing within 30 days after receiving written
notice. If a party makes a timely
request for a hearing, the public authority must schedule a hearing and send
written notice of the hearing to the parties by mail to the parties' last known
addresses at least 14 days before the hearing.
The hearing must be conducted in district court or in the expedited
child support process if section 484.702 applies. The district court or child support
magistrate must determine whether removing the offset or terminating income
withholding is appropriate and, if appropriate, the effective date for the
removal or termination.
(d) If the
party does not request a hearing, the district court or child support
magistrate must order the offset or income withholding termination
public authority will remove the offset effective the first day of the
month following termination of the joint child's health care coverage.
Sec.
36. Laws 2005, chapter 164, section 22,
subdivision 17, is amended to read:
Subd.
17. Collecting
unreimbursed and or uninsured medical expenses. (a) This
subdivision and subdivision 18 apply when a court order has determined and
ordered the parties' proportionate share and responsibility to contribute to
unreimbursed or uninsured medical expenses.
(b)
for reimbursement of unreimbursed and
uninsured medical expenses to the other party within two years of
the date that the requesting party incurred the unreimbursed or
uninsured medical expenses. The time
period in this paragraph does not apply if the location of the other party is
unknown. If a court order has been signed ordering the contribution
towards unreimbursed or uninsured expenses, a two-year limitations provision
must be applied to any requests made on or after January 1, 2007. The provisions
of this section apply retroactively to court orders signed before January 1,
2007. Requests for unreimbursed or uninsured expenses made on or after January
1, 2007, may include expenses incurred before January 1, 2007, and on or after
January 1, 2005.
(b) (c) A requesting
party seeking reimbursement of unreimbursed and uninsured medical
expenses must mail a written notice of intent to collect the
unreimbursed or uninsured medical expenses and a copy of an affidavit of
health care expenses to the other party at the other party's last known
address.
(c) (d) The
written notice must include a statement that the other party has 30 days
from the date the notice was mailed to (1) pay in full; (2) enter
agree to a payment agreement schedule; or (3) file a motion
requesting a hearing contesting the matter to contest the amount due
or to set a court-ordered monthly payment amount. If the public authority provides support
enforcement services, the written notice also must include a statement that,
if the other party does not respond within the 30 days, the requesting
party must may submit the amount due to the public authority for
collection.
(d) (e) The
affidavit of health care expenses must itemize and document the joint child's
unreimbursed or uninsured medical expenses and include copies of all bills,
receipts, and insurance company explanations of benefits.
(f) If the
other party does not respond to the request for reimbursement within 30 days,
the requesting party may commence enforcement against the other party under
subdivision 18; file a motion for a court-ordered monthly payment amount under
paragraph (h); or notify the public authority, if the public authority provides
services, that the other party has not responded.
(e) If (g) The
notice to the public authority provides support enforcement
services, the party seeking reimbursement must send to the public authority
must include: a copy of the written
notice, a copy of the original affidavit of health care
expenses, and copies of all bills, receipts, and insurance company
explanations of benefits.
(f) If the
party does not respond to the request for reimbursement within 30 days, the
party seeking reimbursement or public authority, if the public authority
provides support enforcement services, must commence an enforcement action
against the party under subdivision 18.
(g) (h) If
noticed under paragraph (f), the public authority must serve
the other party with a notice of intent to enforce unreimbursed and uninsured
medical expenses and file an affidavit of service by mail with the district
court administrator. The notice must state that, unless the other
party has 14 days to (1) pays pay in full; or (2) enters
into a payment agreement; or (3) files file a motion contesting
to contest the matter within 14 days of service of the notice,
amount due or to set a court-ordered monthly payment amount. The notice must
also state that if there is no response within 14 days, the public
authority will commence enforcement of the expenses as medical support
arrears under subdivision 18.
moving
party (h) If the (i) To
contest the amount due or set a court-ordered monthly payment amount, a party files
must file a timely motion for a hearing contesting the requested
reimbursement, the contesting party must and schedule a hearing in
district court or in the expedited child support process if section 484.702
applies. The contesting moving party must provide the other party
seeking reimbursement and the public authority, if the public authority
provides support enforcement services, with written notice of the
hearing at least 14 days before the hearing by mailing notice of the
hearing to the public authority and to the requesting party at
the requesting party's last known address. The seeking reimbursement must file the original affidavit of
health care expenses with the court at least five days before the hearing. Based upon the evidence presented, The
district court or child support magistrate must determine liability for the
expenses and order that the liable party is subject to enforcement of the
expenses as medical support arrears under subdivision 18 or set a
court-ordered monthly payment amount.
Sec.
37. Laws 2005, chapter 164, section 22,
subdivision 18, is amended to read:
Subd.
18. Enforcing
an order for unreimbursed or uninsured medical support
expenses as arrears. (a) If a party liable for Unreimbursed and
or uninsured medical expenses owes a child support obligation to the
party seeking reimbursement of the expenses, the expenses must be
enforced under this subdivision are collected as medical support
arrears.
(b) If a
party liable for unreimbursed and uninsured medical expenses does not owe a
child support obligation to the party seeking reimbursement, and the party
seeking reimbursement owes the liable party basic support arrears, the liable
party's medical support arrears must be deducted from the amount of the basic
support arrears.
(c) If a
liable party owes medical support arrears after deducting the amount owed from
the amount of the child support arrears owed by the party seeking
reimbursement, it must be collected as follows:
(1) if the
party seeking reimbursement owes a child support obligation to the liable
party, the child support obligation must be reduced by 20 percent until the
medical support arrears are satisfied;
(2) if the
party seeking reimbursement does not owe a child support obligation to the
liable party, the liable party's income must be subject to income withholding
under section 518.6111 for an amount required under section 518.553 until the
medical support arrears are satisfied; or
(3) if the
party seeking reimbursement does not owe a child support obligation, and income
withholding under section 518.6111 is not available, payment of the medical
support arrears must be required under a payment agreement under section
518.553.
(d) If a
liable party fails to enter into or comply with a payment agreement, the party
seeking reimbursement or the public authority, if it provides support
enforcement services, may schedule a hearing to have a court order
payment. The party seeking reimbursement
or the public authority must provide the liable party with written notice of
the hearing at least 14 days before the hearing.
(b) If the
liable party is the parent with primary physical custody as defined in section
518.54, subdivision 24, the unreimbursed or uninsured medical expenses must be
deducted from any arrears the requesting party owes the liable party. If unreimbursed or uninsured expenses remain
after the deduction, the expenses must be collected as follows:
(1) If the
requesting party owes a current child support obligation to the liable party,
20 percent of each payment received from the requesting party must be returned
to the requesting party. The total amount
returned to the requesting party each month must not exceed 20 percent of the
current monthly support obligation.
(2) If the
requesting party does not owe current child support or arrears, a payment
agreement under section 518.553 is required.
If the liable party fails to enter into or comply with a payment
agreement, the requesting party or the public authority, if the public
authority provides services, may schedule a hearing to set a court-ordered
payment. The requesting party or the
public authority must provide the liable party with written notice of the
hearing at least 14 days before the hearing.
(c)
If the liable party is not the parent with primary physical custody as defined
in section 518.54, subdivision 24, the unreimbursed or uninsured medical
expenses must be deducted from any arrears the requesting party owes the liable
party. If unreimbursed or uninsured
expenses remain after the deduction, the expenses must be added and collected
as arrears owed by the liable party.
Sec.
38. Laws 2005, chapter 164, section 23,
subdivision 1, is amended to read:
Subdivision
1. Child care costs. Unless otherwise agreed to by the parties and
approved by the court, the court must order that work-related or
education-related child care costs of joint children be divided between the
obligor and obligee based on their proportionate share of the parties' combined
monthly parental income for determining child support PICS. Child care costs shall be adjusted by the
amount of the estimated federal and state child care credit payable on behalf
of a joint child. The Department of
Human Services shall develop tables to calculate the applicable credit based
upon the custodial parent's parental income for determining child support
PICS.
Sec.
39. Laws 2005, chapter 164, section 23,
subdivision 2, is amended to read:
Subd.
2. Low-income
obligor. (a) If the obligor's parental income for determining child
support PICS meets the income eligibility requirements for child
care assistance under the basic sliding fee program under chapter 119B, the
court must order the obligor to pay the lesser of the following amounts:
(1) the
amount of the obligor's monthly co-payment for child care assistance under the
basic sliding fee schedule established by the commissioner of education under
chapter 119B, based on an obligor's monthly parental income for determining
child support PICS and the size of the obligor's household provided
that the obligee is actually receiving child care assistance under the basic
sliding fee program. For purposes of
this subdivision, the obligor's household includes the obligor and the number
of joint children for whom child support is being ordered; or
(2) the
amount of the obligor's child care obligation under subdivision 1.
(b) The
commissioner of human services must publish a table with the child care
assistance basic sliding fee amounts and update the table for changes to the
basic sliding fee schedule by July 1 of each year.
Sec.
40. Laws 2005, chapter 164, section 24,
is amended to read:
Sec. 24. [518.722] PARENTING EXPENSE ADJUSTMENT.
Subdivision
1. General. (a) This
section shall apply when the amount of parenting time granted to an obligor is
ten percent or greater. The
parenting expense adjustment under this section reflects the presumption that
while exercising parenting time, a parent is responsible for and incurs costs
of caring for the child, including, but not limited to, food, transportation,
recreation, and household expenses. Every
child support order shall specify the total percent percentage of
parenting time granted to or presumed for each parent. For purposes of this section, the percentage
of parenting time means the percentage of time a child is scheduled to spend
with the parent during a calendar year according to a court order. Parenting time includes time with the child
whether it is designated as visitation, physical custody, or parenting
time. The percentage of parenting time
may be determined by calculating the number of overnights that a child spends
with a parent, or by using a method other than overnights if the parent has
significant time periods on separate days where the child is in the parent's
physical custody and under the direct care of the parent but does not stay
overnight. The court may consider the
age of the child in determining whether a child is with a parent for a
significant period of time.
(b)
If there is not a court order awarding parenting time, the court shall
determine the child support award without consideration of the parenting
expense adjustment. If a parenting time
order is subsequently issued or is issued in the same proceeding, then the
child support order shall include application of the parenting expense
adjustment.
Subd. 2. Calculation
of parenting expense adjustment.
(b) The obligor shall be is entitled to a parenting
expense adjustment calculated as follows provided in this
subdivision. The court shall:
(1) find
the adjustment percentage corresponding to the percentage of parenting time
allowed to the obligor below:
|
Percentage Range of |
Adjustment |
|
Parenting Time |
Percentage |
(i) |
less than 10 percent |
no adjustment |
(ii) |
10 percent to 45 percent |
12 percent |
(iii) |
45.1 percent to 50 percent |
presume parenting time is equal |
(2)
multiply the adjustment percentage by the obligor's basic child support
obligation to arrive at the parenting
expense adjustment.; and
(c) (3) subtract
the parenting expense adjustment from the obligor's basic child support
obligation. The result is the obligor's basic
support obligation after parenting expense adjustment.
Subd. 3. Calculation
of basic support when parenting time presumed equal. (d) (a) If the parenting time
is equal, the expenses for the children are equally shared, and the
parental incomes for determining child support of the parents also are
equal, no basic support shall be paid unless the court determines
that the expenses for the child are not equally shared.
(e) (b) If the
parenting time is equal but the parents' parental incomes for determining child
support are not equal, the parent having the greater parental income for
determining child support shall be obligated for basic child support,
calculated as follows:
(1)
multiply the combined basic support calculated under section 518.713 by 1.5
0.75;
(2) prorate
the basic child support obligation amount under clause (1) between
the parents, based on each parent's proportionate share of the
combined PICS; and
(3) subtract
the lower amount from the higher amount and divide the balance in half; and.
(3) The
resulting figure is the obligation after parenting expense adjustment for the
parent with the greater adjusted gross parental income for
determining child support.
(f) This
parenting expense adjustment reflects the presumption that while exercising
parenting time, a parent is responsible for and incurs costs of caring for the
child, including, but not limited to, food, transportation, recreation, and
household expenses.
(g) In the
absence of other evidence, there is a rebuttable presumption that each parent
has 25 percent of the parenting time for each joint child.
Sec.
41. Laws 2005, chapter 164, section 25,
is amended to read:
Sec.
25. [518.724]
ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.
Subdivision
1. Ability to pay. (a)
It is a rebuttable presumption that a child support order should not exceed
the obligor's ability to pay. To
determine the amount of child support the obligor has the ability to pay, the
court shall follow the procedure set out in this section:.
(1) (b) The
court shall calculate the obligor's income available for support by
subtracting a monthly self-support reserve equal to 120 percent of the federal
poverty guidelines for one person from the obligor's gross income;. If the obligor's income available for
support calculated under this paragraph is equal to or greater than the
obligor's support obligation calculated under section 518.713, the court shall
order child support under section 518.713.
(2) compare
the obligor's income available for support from clause (1) to the amount of
support calculated as per section 518.713, clauses (1) to (15). The amount of child support that is presumed
to be correct, as defined in section 518.713, is the lesser of these two
amounts;
(3) this
section does not apply to an incarcerated obligor;
(4) if the
obligor's child support is reduced under clause (2), (c) If the
obligor's income available for support calculated under paragraph (b) is more
than the minimum support amount under subdivision 2, but less than the
guideline amount under section 518.713, then the court must shall
apply the a reduction to the child support obligation in the
following order, until the support order is equal to the obligor's income
available for support:
(i) (1) medical
support obligation;
(ii) (2) child
support care support obligation; and
(iii) (3) basic
support obligation; and.
(d) If the
obligor's income available for support calculated under paragraph (b) is equal
to or less than the minimum support amount under subdivision 2 or if the
obligor's gross income is less than 120 percent of the federal poverty
guidelines for one person, the minimum support amount under subdivision 2
applies.
(5) Subd. 2. Minimum
basic support amount. (a) If the obligor's income available for
support is less than the self-support reserve basic support amount
applies, then the court must order the following amount as the minimum
basic support as follows obligation:
(i) (1) for
one or two children, the obligor's basic support obligation is $50 per month;
(ii) (2) for
three or four children, the obligor's basic support obligation is $75 per
month; and
(iii) (3) for
five or more children, the obligor's basic support obligation is $100 per
month.
(b) If the
court orders the obligor to pay the minimum basic support amount under this paragraph
subdivision, the obligor is presumed unable to pay child care support and
medical support.
If the
court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under this paragraph subdivision
does not apply.
Subd.
3.
Sec. 42. Laws 2005, chapter 164, section 26,
subdivision 2, as amended by Laws 2005, First Special Session chapter 7,
section 27, subdivision 2, is amended to read:
Subd. 2. Basic
support; guideline. Unless otherwise
agreed to by the parents and approved by the court, when establishing basic support, the court must
order that basic support be divided between the parents based on their proportionate share of the parents' combined
monthly parental income for determining child support, as determined under
section 518.54, subdivision 15 (PICS). Basic support must be computed using the
following guideline:
Combined Parental |
Number of Children |
Income for Determining
Child Support |
One |
Two |
Three |
Four |
Five |
Six |
$0- $799 |
$50 |
$50 |
$75 |
$75 |
$100 |
$100 |
800-899 |
80 |
129 |
149 |
173 |
201 |
233 |
900-999 |
90 |
145 |
167 |
194 |
226 |
262 |
1,000- 1,099 |
116 |
161 |
186 |
216 |
251 |
291 |
1,100- 1,199 |
145 |
205 |
237 |
275 |
320 |
370 |
1,200- 1,299 |
177 |
254 |
294 |
341 |
396 |
459 |
1,300- 1,399 |
212 |
309 |
356 |
414 |
480 |
557 |
1,400- 1,499 |
251 |
368 |
425 |
493 |
573 |
664 |
1,500- 1,599 |
292 |
433 |
500 |
580 |
673 |
780 |
1,600- 1,699 |
337 |
502 |
580 |
673 |
781 |
905 |
1,700- 1,799 |
385 |
577 |
666 |
773 |
897 |
1,040 |
1,800- 1,899 |
436 |
657 |
758 |
880 |
1,021 |
1,183 |
1,900- 1,999 |
490 |
742 |
856 |
994 |
1,152 |
1,336 |
2,000- 2,099 |
516 |
832 |
960 |
1,114 |
1,292 |
1,498 |
2,100- 2,199 |
528 |
851 |
981 |
1,139 |
1,320 |
1,531 |
2,200- 2,299 |
538 |
867 |
1,000 |
1,160 |
1,346 |
1,561 |
2,300- 2,399 |
546 |
881 |
1,016 |
1,179 |
1,367 |
1,586 |
2,400- 2,499 |
554 |
893 |
1,029 |
1,195 |
1,385 |
1,608 |
2,500- 2,599 |
560 |
903 |
1,040 |
1,208 |
1,400 |
1,625 |
2,600- 2,699 |
570 |
920 |
1,060 |
1,230 |
1,426 |
1,655 |
2,700- 2,799 |
580 |
936 |
1,078 |
1,251 |
1,450 |
1,683 |
2,800- 2,899 |
589 |
950 |
1,094 |
1,270 |
1,472 |
1,707 |
2,900- 2,999 |
596 |
963 |
1,109 |
1,287 |
1,492 |
1,730 |
3,000- 3,099 |
603 |
975 |
1,122 |
1,302 |
1,509 |
1,749 |
3,100- 3,199 |
613 |
991 |
1,141 |
1,324 |
1,535 |
1,779 |
3,200- 3,299 |
623 |
1,007 |
1,158 |
1,344 |
1,558 |
1,807 |
3,300- 3,399 |
|
1,021 |
1,175 |
1,363 |
1,581 |
1,833 |
3,400- 3,499 |
|
1,034 |
1,190 |
1,380 |
1,601 |
1,857 |
3,500- 3,599 |
|
1,047 |
1,204 |
1,397 |
1,621 |
1,880 |
3,600- 3,699 |
|
1,062 |
1,223 |
1,418 |
1,646 |
1,909 |
3,700- 3,799 |
|
1,077 |
1,240 |
1,439 |
1,670 |
1,937 |
3,800- 3,899 |
|
1,081 |
1,257 |
1,459 |
1,693 |
1,963 |
3,900- 3,999 |
|
1,104 |
1,273 |
1,478 |
1,715 |
1,988 |
4,000- 4,099 |
|
1,116 |
1,288 |
1,496 |
1,736 |
2,012 |
4,100-
4,199 |
|
1,132 |
1,305 |
1,516 |
1,759 |
2,039 |
4,200- 4,299 |
|
1,147 |
1,322 |
1,536 |
1,781 |
2,064 |
4,300- 4,399 |
|
1,161 |
1,338 |
1,554 |
1,802 |
2,088 |
4,400- 4,499 |
|
1,175 |
1,353 |
1,572 |
1,822 |
2,111 |
4,500- 4,599 |
|
1,184 |
1,368 |
1,589 |
1,841 |
2,133 |
4,600- 4,699 |
|
1,200 |
1,386 |
1,608 |
1,864 |
2,160 |
4,700- 4,799 |
|
1,215 |
1,402 |
1,627 |
1,887 |
2,186 |
4,800- 4,899 |
|
1,231 |
1,419 |
1,645 |
1,908 |
2,212 |
4,900- 4,999 |
|
1,246 |
1,435 |
1,663 |
1,930 |
2,236 |
5,000- 5,099 |
|
1,260 |
1,450 |
1,680 |
1,950 |
2,260 |
5,100- 5,199 |
|
1,275 |
1,468 |
1,701 |
1,975 |
2,289 |
5,200- 5,299 |
|
1,290 |
1,485 |
1,722 |
1,999 |
2,317 |
5,300- 5,399 |
|
1,304 |
1,502 |
1,743 |
2,022 |
2,345 |
5,400- 5,499 |
|
1,318 |
1,518 |
1,763 |
2,046 |
2,372 |
5,500- 5,599 |
|
1,331 |
1,535 |
1,782 |
2,068 |
2,398 |
5,600- 5,699 |
|
1,346 |
1,551 |
1,801 |
2,090 |
2,424 |
5,700- 5,799 |
|
1,357 |
1,568 |
1,819 |
2,111 |
2,449 |
5,800- 5,899 |
|
1,376 |
1,583 |
1,837 |
2,132 |
2,473 |
5,900- 5,999 |
|
1,390 |
1,599 |
1,855 |
2,152 |
2,497 |
6,000- 6,099 |
|
1,404 |
1,604 |
1,872 |
2,172 |
2,520 |
6,100- 6,199 |
|
1,419 |
1,631 |
1,892 |
2,195 |
2,546 |
6,200- 6,299 |
|
1,433 |
1,645 |
1,912 |
2,217 |
2,572 |
6,300- 6,399 |
|
1,448 |
1,664 |
1,932 |
2,239 |
2,597 |
6,400- 6,499 |
|
1,462 |
1,682 |
1,951 |
2,260 |
2,621 |
6,500- 6,599 |
|
1,476 |
1,697 |
1,970 |
2,282 |
2,646 |
6,600- 6,699 |
|
1,490 |
1,713 |
1,989 |
2,305 |
2,673 |
6,700- 6,799 |
|
1,505 |
1,730 |
2,009 |
2,328 |
2,700 |
6,800- 6,899 |
|
1,519 |
1,746 |
2,028 |
2,350 |
2,727 |
6,900- 6,999 |
|
1,533 |
1,762 |
2,047 |
2,379 |
|
7,000- 7,099 |
|
1,547 |
1,778 |
2,065 |
2,394 |
|
7,100- 7,199 |
|
1,561 |
1,795 |
2,085 |
2,417 |
|
7,200- 7,299 |
|
1,574 |
1,812 |
2,104 |
2,439 |
|
7,300- 7,399 |
980 |
1,587 |
1,828 |
2,123 |
2,462 |
|
7,400- 7,499 |
989 |
1,600 |
1,844 |
2,142 |
2,483 |
|
7,500- 7,599 |
998 |
1,613 |
1,860 |
2,160 |
2,505 |
|
7,600- 7,699 |
1,006 |
1,628 |
1,877 |
2,180 |
2,528 |
|
7,700- 7,799 |
1,015 |
1,643 |
1,894 |
2,199 |
2,550 |
|
7,800- 7,899 |
1,023 |
1,658 |
1,911 |
2,218 |
2,572 |
|
7,900- 7,999 |
1,032 |
1,673 |
1,928 |
2,237 |
2,594 |
|
8,000- 8,099 |
1,040 |
1,688 |
1,944 |
2,256 |
2,616 |
|
8,100- 8,199 |
1,048 |
1,703 |
1,960 |
2,274 |
2,637 |
|
8,200- 8,299 |
1,056 |
1,717 |
1,976 |
2,293 |
2,658 |
|
8,300 -8,399 |
1,064 |
1,731 |
1,992 |
2,311 |
2,679 |
|
8,400- 8,499 |
1,072 |
1,746 |
2,008 |
2,328 |
2,700 |
|
8,500- 8,599 |
1,080 |
1,760 |
2,023 |
2,346 |
2,720 |
|
8,600- 8,699 |
1,092 |
1,780 |
2,047 |
2,374 |
2,752 |
|
8,700- 8,799 |
1,105 |
1,801 |
2,071 |
2,401 |
2,784 |
|
8,800- 8,899 |
1,118 |
1,822 |
2,094 |
2,429 |
2,816 |
|
8,900- 8,999 |
1,130 |
1,842 |
2,118 |
2,456 |
2,848 |
|
9,000- 9,099 |
1,143 |
1,863 |
2,142 |
2,484 |
2,880 |
|
9,100- 9,199 |
1,156 |
1,884 |
2,166 |
2,512 |
2,912 |
|
9,200- 9,299 |
1,168 |
1,904 |
2,190 |
2,539 |
2,944 |
|
9,300- 9,399 |
1,181 |
1,925 |
2,213 |
2,567 |
2,976 |
|
9,400- 9,499 |
1,194 |
1,946 |
2,237 |
2,594 |
3,008 |
|
9,500- 9,599 |
1,207 |
1,967 |
2,261 |
2,622 |
|
|
9,600- 9,699 |
1,219 |
1,987 |
2,285 |
2,650 |
|
|
9,700- 9,799 |
1,232 |
2,008 |
2,309 |
2,677 |
|
|
9,800- 9,899 |
1,245 |
2,029 |
2,332 |
2,705 |
|
|
9,900- 9,999 |
1,257 |
2,049 |
2,356 |
2,732 |
|
|
10,000-10,099 |
1,270 |
2,070 |
2,380 |
2,760 |
|
|
10,100-10,199 |
1,283 |
2,091 |
2,404 |
2,788 |
|
|
10,200-10,299 |
1,295 |
2,111 |
2,428 |
2,815 |
|
|
10,300-10,399 |
1,308 |
2,132 |
2,451 |
2,843 |
|
|
10,400-10,499 |
1,321 |
2,153 |
2,475 |
2,870 |
|
|
10,500-10,599 |
1,334 |
2,174 |
2,499 |
2,898 |
|
|
10,600-10,699 |
1,346 |
2,194 |
2,523 |
|
|
|
10,700-10,799 |
1,359 |
2,215 |
2,547 |
|
|
|
10,800-10,899 |
1,372 |
2,236 |
2,570 |
|
|
|
10,900-10,999 |
1,384 |
2,256 |
2,594 |
|
|
|
11,000-11,099 |
1,397 |
2,277 |
2,618 |
|
|
|
11,100-11,199 |
1,410 |
|
2,642 |
|
|
|
11,200-11,299 |
1,422 |
|
2,666 |
|
|
|
11,300-11,399 |
1,435 |
|
2,689 |
|
|
|
11,400-11,499 |
1,448 |
|
2,713 |
|
|
|
11,500-11,599 |
1,461 |
|
|
|
|
|
11,600-11,699 |
1,473 |
|
|
|
|
|
11,700-11,799 |
1,486 |
|
|
|
|
|
11,800-11,899 |
1,499 |
|
|
|
|
|
11,900-11,999 |
1,511 |
|
|
|
|
|
12,000-12,099 |
1,524 |
|
|
|
|
|
12,100-12,199 |
1,537 |
|
|
|
|
|
12,200-12,299 |
1,549 |
|
|
|
|
|
12,300-12,399 |
1,562 |
|
|
|
|
|
12,400-12,499 |
1,575 |
|
|
|
|
|
12,500-12,599 |
1,588 |
|
|
|
|
|
12,600-12,699 |
1,600 |
|
|
|
|
|
12,700-12,799 |
1,613 |
|
|
|
|
|
12,800-12,899 |
1,626 |
|
|
|
|
|
12,900-12,999 |
1,638 |
|
|
|
|
|
13,000-13,099 |
1,651 |
|
|
|
|
|
13,100-13,199 |
1,664 |
|
|
|
|
|
13,200-13,299 |
1,676 |
|
|
|
|
|
13,300-13,399 |
1,689 |
|
|
|
|
|
13,400-13,499 |
1,702 |
|
|
|
|
|
13,500-13,599 |
1,715 |
|
|
|
|
|
13,600-13,699 |
1,727 |
|
|
|
|
|
13,700-13,799 |
1,740 |
|
|
|
|
|
13,800-13,899 |
1,753 |
|
|
|
|
|
13,900-13,999 |
1,765 |
|
|
|
|
|
14,000-14,099 |
1,778 |
|
|
|
|
|
14,100-14,199 |
1,791 |
|
|
|
|
|
14,200-14,299 |
1,803 |
|
|
|
|
|
14,300-14,399 |
1,816 |
|
|
|
|
|
14,400-14,499 |
1,829 |
|
|
|
|
|
14,500-14,599 |
1,842 |
|
|
|
|
|
14,600-14,699 |
1,854 |
|
|
|
|
|
14,700-14,799 |
|
|
|
|
|
|
14,800-14,899 |
|
|
|
|
|
|
14,900-14,999 |
|
|
|
|
|
|
15,000, or the amount in effect under subd. 4 |
|
|
|
|
|
|
Sec.
43. Laws 2005, chapter 164, section 31,
is amended to read:
Sec.
31. REPEALER.
Minnesota
Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, and 4a; and
518.551, subdivisions 1, 5a, 5c, and 5f, are repealed.
Sec.
44. Laws 2005, chapter 164, section 32,
the effective date, is amended to read:
Sec.
32. EFFECTIVE
DATE.
Except as
otherwise provided indicated, this act is effective January 1,
2007, and applies to orders adopted or modified after that date. The provisions of this act apply to all
support orders in effect prior to January 1, 2007, except that the provisions
used to calculate parties' support obligations apply to actions or motions
filed after January 1, 2007. The provisions
of this act used to calculate parties' support obligations apply to actions or
motions for past support or reimbursement filed after January 1, 2007. Sections 1 to 3 of this act are effective
July 1, 2005.
Sec.
45. 2006 H.F. No. 2656, article 5, section 48, the
effective date, if enacted, is amended to read:
EFFECTIVE DATE.
This section is effective July 1, 2006 August 1, 2006, for
protective orders issued by a tribal court in Minnesota and August 1, 2007, for
all other foreign protective orders.
Sec.
46. REVISOR'S
INSTRUCTION.
The revisor
of statutes shall change cross-references in Minnesota Statutes from section
518.171 to section 518.719.
Sec.
47. REPEALER.
Minnesota
Statutes 2004, section 518.54, subdivision 6, and Laws 2005, chapter 164,
section 12, are repealed."
Delete
the title and insert:
"A
bill for an act relating to family law; changing certain custody, paternity,
adoption, child support, medical support, and maintenance provisions; changing
a family court appeal provision; correcting an effective date; amending
Minnesota Statutes 2004, sections 257.55, subdivision 1; 257.57, subdivision 2;
257.62, subdivision 5; 257C.03, subdivision 7; 259.58; 484.65, subdivision 9;
518.1705, subdivision 7; 518.175, subdivisions 1, 3; 518.18; 518.551,
subdivision 6, by adding a subdivision; 518.5513, subdivision 3; 518.58,
subdivision 4; Minnesota Statutes 2005 Supplement, sections 259.24, subdivision
6a; 518.005, subdivision 6; Laws 2005, chapter 164, sections 4; 5; 8; 10; 11;
14; 15; 16; 17, subdivision 1; 18; 20; 21; 22, subdivisions 2, 3, 4, 16, 17,
18; 23, subdivisions 1, 2; 24; 25; 26, subdivision 2; 31; 32; 2006 H.F. No. 2656, article 5, section 48, if enacted;
proposing coding for new law in Minnesota Statutes, chapters 257; 518; repealing
Minnesota Statutes 2004, section 518.54, subdivision 6; Laws 2005, chapter 164,
section 12."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Thomas M. Neuville, Don Betzold
and Wesley J. Skoglund.
House Conferees:
Steve Smith and Doug Meslow.
Smith moved that the report of the
Conference Committee on S. F. No. 3199 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 3199, A bill for an act relating
to family law; changing certain child support and maintenance provisions;
amending Minnesota Statutes 2004, sections 518.175, subdivision 1; 518.551,
subdivision 6, by adding a subdivision; 518.5513, subdivision 3; Minnesota
Statutes 2005 Supplement, section 518.005, subdivision 6; Laws 2005, chapter
164, sections 4; 5; 8; 9; 10; 11; 14; 15; 16; 17, subdivision 1; 18; 20; 21;
22, subdivisions 2, 3, 4, 16, 17, 18; 23, subdivisions 1, 2; 24; 25; 26,
subdivision 2, as amended; 31; 32; proposing coding for new law in Minnesota
Statutes, chapter 518; repealing Minnesota Statutes 2004, section 518.54,
subdivision 6; Laws 2005, chapter 164, section 12.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 107 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eken
Ellison
Entenza
Erhardt
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Knoblach
Koenen
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mariani
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Walker
Wardlow
Welti
Westerberg
Westrom
Wilkin
Spk. Sviggum
Those who
voted in the negative were:
Abeler
Atkins
Buesgens
DeLaForest
Eastlund
Emmer
Finstad
Holberg
Hoppe
Jaros
Johnson, S.
Klinzing
Kohls
Krinkie
Mahoney
Nelson, M.
Olson
Peppin
Rukavina
Severson
Thao
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
ADJOURNMENT
Paulsen moved that when the House adjourns today it adjourn
until 5:30 p.m., Sunday, May 21, 2006.
The motion prevailed.
Paulsen moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 5:30 p.m., Sunday, May 21, 2006.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives