STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2008
_____________________
NINETY-FIRST DAY
Saint Paul, Minnesota, Monday, March 17, 2008
The House of Representatives convened at 12:30 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Father Jack Donahue, Stillwater,
Minnesota.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
DeLaForest, Kohls, Pelowski and Ruud were excused.
Hoppe was excused until 1:15 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Morgan moved that further reading
of the Journal be suspended and that the Journal be approved as corrected by
the Chief Clerk. The motion prevailed.
REPORTS OF CHIEF CLERK
S. F. No. 2667 and
H. F. No. 3265, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Thissen moved that S. F. No. 2667 be substituted
for H. F. No. 3265 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 2912 and
H. F. No. 3475, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Mullery moved that the rules be so far suspended that
S. F. No. 2912 be substituted for H. F. No. 3475
and that the House File be indefinitely postponed. The motion prevailed.
PETITIONS AND COMMUNICATIONS
The following communications were received:
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
March
14, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
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. 3055, relating to state government;
providing deficiency funding for certain state agencies; appropriating money.
H. F. No. 2590, relating to health; allowing
Emergency Medical Services Regulatory Board members to serve two consecutive
terms; delaying certain trauma triage and transportation guidelines.
Sincerely,
Tim
Pawlenty
Governor
STATE
OF MINNESOTA
OFFICE
OF THE SECRETARY OF STATE
ST.
PAUL 55155
The Honorable Margaret
Anderson Kelliher
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 2008 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 2008 |
Date Filed 2008 |
3055 155 5:19 p.m.
March 14 March
14
2590 156 5:21 p.m.
March 14 March
14
Sincerely,
Mark
Ritchie
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 863, A bill for an act relating to global warming and the environment;
requiring adoption of California standards regarding low emission vehicles;
providing for updates to the standards as necessary to comply with the federal
Clean Air Act; amending Minnesota Statutes 2006, section 116.07, subdivision 2.
Reported
the same back with the following amendments:
Page
2, line 11, delete "and"
Page
2, after line 11, insert:
"(4)
the 15-year or 150,000-mile extended warranty specified in California Code of
Regulations, title 13, section 1962, for partial zero emission vehicles shall
not be included as a requirement of the rules provided that partial zero
emission vehicles delivered for sale to Minnesota are equipped with the same
quality components as partial zero emission vehicles supplied to areas where
the full 15-year or 150,000-mile warranty remains in effect. This section does not amend the requirements
of California Code of Regulations, title 13, section 1962, that indicate the
warranty period for a zero emission energy storage device used for traction
power will be ten years; and"
Page
2, line 12, delete "(4)" and insert "(5)"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2100, A bill for an act relating to public health; establishing a
bisphenol-A and phthalates committee; requiring a study and report; proposing
coding for new law in Minnesota Statutes, chapter 325.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [325F.172]
DEFINITIONS.
For
the purposes of sections 325F.172 to 325F.175, the following terms have the
meanings given them.
(a)
"BBP" means benzyl butyl phthalate, CAS # 85-68-7.
(b)
"Child" means a person under three years of age.
(c)
"Children's product" means a product, other than a food or beverage
product contained in a can, except in those used for infant formulas, designed
or intended by a manufacturer to be used by a child:
(1)
as a toy or an article of clothing;
(2)
to facilitate sleep, relaxation, or feeding; or
(3)
to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
applied to the human body or any part thereof, including any article used as a
component of such a product.
(d)
"DBP" means di-n-butyl phthalate, CAS # 84-74-2.
(e)
"DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
(f)
"DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
(g)
"DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
(h)
"DNOP" means di-n-octyl phthalate, CAS # 117-84-6.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. [325F.173]
BISPHENOL-A IN CHILDREN'S PRODUCTS; BAN.
Beginning
January 1, 2009, no manufacturer may sell or offer for initial sale at retail
in this state a children's product that contains bisphenol-A. For purposes of this section,
"bisphenol-A" means an estrogen-mimicking endocrine disrupting
chemical used in the production of epoxy resins and polycarbonate plastics.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. [325F.174]
PHTHALATES IN CHILDREN'S PRODUCTS; BAN.
(a)
Beginning January 1, 2009, no manufacturer may sell or offer for initial sale
at retail in this state a children's product that contains one of the following
phthalates: DEHP, DBP, or BBP, in
concentrations exceeding 0.1 percent, including plastic tubing used to deliver
a solution intravenously to a child under three years of age.
(b)
Beginning January 1, 2009, no manufacturer or entity may sell or offer for
initial sale at retail in this state any children's product that can be placed
in a child's mouth and contains one of the following phthalates: DINP, DIDP, or DNOP, in concentrations
exceeding 0.1 percent.
(c)
For purposes of this section, "phthalates" means a class of chemicals
used to provide flexibility to polyvinyl chloride (PVC) plastic.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. [325F.175]
REPLACEMENT CHEMICALS.
A
manufacturer shall not replace bisphenol-A or phthalates as a result of the
prohibitions in section 325F.173 or 325F.174 with a chemical that is:
(1)
classified as "known to be a human carcinogen" or "reasonably
anticipated to be a human carcinogen" in the most recent Report on
Carcinogens published by the National Toxicology Program in the United States
Department of Health and Human Services; or
(2)
identified by the federal Environmental Protection Agency as causing birth
defects or reproductive or environmental harm.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. [325F.176]
PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
The
Minnesota Pollution Control Agency may participate in the establishment and
implementation of a multistate clearinghouse to identify children's products
containing bisphenol-A and phthalates and to evaluate safer alternatives that
may be substituted for those chemicals.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to public health; banning bisphenol-A and phthalates
or any replacement of either chemical in children's products; authorizing the
Minnesota Pollution Control Agency to participate in a multistate
clearinghouse; proposing coding for new law in Minnesota Statutes, chapter
325F."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 2588, A bill for an act relating to human services; requiring authorization
before relocating regional treatment centers or state-operated nursing homes;
amending Minnesota Statutes 2006, section 246.0135.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
246.0136, subdivision 1, is amended to read:
Subdivision
1. Planning
for enterprise activities. The
commissioner of human services is directed to study and make recommendations to
the legislature on establishing, relocating, or closing enterprise
activities within state-operated services.
Before implementing, relocating, or closing an enterprise
activity, the commissioner must obtain statutory authorization for its
implementation, except that the commissioner has authority to implement
enterprise activities for adult mental health, adolescent services, and to
establish a public group practice without statutory authorization
relocation, or closing. Enterprise
activities are defined as the range of services, which are delivered by state
employees, needed by people with disabilities and are fully funded by public or
private third-party health insurance or other revenue sources available to
clients that provide reimbursement for the services provided. Enterprise activities within state-operated
services shall specialize in caring for vulnerable people for whom no other
providers are available or for whom state-operated services may be the provider
selected by the payer. In subsequent
biennia after an enterprise activity is established within a state-operated
service, the base state appropriation for that state-operated service shall be
reduced proportionate to the size of the enterprise activity."
Delete
the title and insert:
"A
bill for an act relating to human services; requiring authorization before
implementing, relocating, or closing an enterprise activity; amending Minnesota
Statutes 2006, section 246.0136, subdivision 1."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 2628, A bill for an act relating to drivers' licenses; modifying
requirements for holder of provisional driver's license; amending Minnesota
Statutes 2006, section 171.055, subdivision 2.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 2662, A bill for an act relating to the Metropolitan Council; providing for
staggered terms of Metropolitan Council members; amending Minnesota Statutes
2006, section 473.123, subdivision 2a.
Reported
the same back with the following amendments:
Page
1, line 14, delete "and" and insert a period
Page
1, line 16, before the period, insert "in odd-numbered decades. In even-numbered decades, the members from
even-numbered districts serve initial terms of two years and the members from
odd-numbered districts serve initial terms of four years. A member may only be removed for cause"
Page
2, line 1, after "applies" insert "to the terms of
council members on and after the effective date of the next reapportionment of
council districts"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 2683, A bill for an act relating to agriculture; modifying the expiration
date for the Minnesota Agriculture Education Leadership Council; amending
Minnesota Statutes 2006, section 41D.01, subdivision 4.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 2837, A bill for an act relating to optometrist; changing practice and
licensing provisions; amending Minnesota Statutes 2006, sections 148.56;
148.57; 148.571; 148.573, subdivision 1; 148.575; repealing Minnesota Statutes
2006, section 148.573, subdivisions 2, 3; Minnesota Rules, part 6500.2100.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 2940, A bill for an act relating to consumer protection; providing for
disclosure of damage to older vehicles; amending Minnesota Statutes 2006,
section 325F.6644.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
325F.6644, is amended to read:
325F.6644 APPLICATION.
Subdivision
1. Damage
disclosure. Sections
Section 325F.6641 and 325F.6642 do does not apply to vehicles
that are six years old or older as calculated from the first day of January of
the designated model year or to commercial motor vehicles with a gross vehicle weight
rating of 16,000 pounds or more or to motorcycles.
Subd.
2. Title
branding. Section 325F.6642
does not apply to commercial motor vehicles with a gross vehicle weight rating
of 16,000 pounds or more or to motorcycles, other than reconstructed vehicles,
as defined in section 168A.01, subdivision 16."
Amend
the title as follows:
Page
1, line 2, delete everything after the semicolon, and insert "modifying
provisions relating to older motor vehicle title branding"
Page
1, line 3, delete "vehicles"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 2946, A bill for an act relating to energy; mandating inclusion of
strategic tree planting as eligible for direct expenditures as energy
conservation improvement; amending Minnesota Statutes 2007 Supplement, section
216B.241, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. ENERGY
CONSERVATION PILOT PROJECT; STRATEGIC TREE PLANTING.
(a)
From July 1, 2008, through June 30, 2009, the Public Utilities Commission and
the commissioner of commerce shall treat the strategic planting of trees and
shrubs on property of a retail customer provided electric or gas service by a
public utility, municipal utility, or cooperative electric association subject
to Minnesota Statutes, section 216B.241, as promoting energy efficiency and
eligible for direct expenditures and expense recovery under that statute as an
energy conservation improvement.
(b)
For purposes of this section, "strategic" refers to the placement of
trees and shrubs to obtain the most advantageous impact on energy conservation
for a retail customer facility, including but not limited to shelter belt
protection and heat dissipation.
EFFECTIVE DATE. This section is effective July 1, 2008."
Amend
the title as follows:
Page
1, line 3, delete the semicolon and insert a period
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 2968, A bill for an act relating to drivers' licenses; amending appearance
of restricted license; amending Minnesota Statutes 2006, section 171.07,
subdivision 1.
Reported
the same back with the following amendments:
Page
2, line 9, delete "a symbol or letter" and insert "the
letter "R""
Page
2, line 12, delete "may" and insert "shall"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety and Civil Justice.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3009, A bill for an act relating to human services; providing for treatment
of certain nursing facility employee pension benefit costs; amending Minnesota
Statutes 2006, section 256B.431, subdivision 28.
Reported
the same back with the recommendation that the bill be re-referred to the
Committee on Finance without further recommendation.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3068, A bill for an act relating to natural resources; providing a uniform
expiration date for snowmobile registrations and trail stickers; extending
effective period of temporary permits for snowmobiles, off-highway motorcycles,
all-terrain vehicles, and watercraft; modifying temporary permit information
requirements for snowmobiles; amending Minnesota Statutes 2006, sections
84.788, subdivision 3; 84.82, subdivision 2, by adding a subdivision; 84.922,
subdivision 2; 86B.401, subdivision 2; Minnesota Statutes 2007 Supplement,
section 84.8205, subdivision 1.
Reported
the same back with the following amendments:
Page
5, line 31, delete "in compliance with the" and insert "to
implement the changes in law made in"
Page
5, line 32, delete "requirements of" and before "rules"
insert "initial"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3077, A bill for an act relating to horse racing; providing for certain
occupational licenses; amending Minnesota Statutes 2006, section 240.08, by
adding a subdivision.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3084, A bill for an act relating to real estate; providing homeowners with
a longer period within which to notify contractors of construction defects;
amending Minnesota Statutes 2006, section 327A.03.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3113, A bill for an act relating to state finance; modifying state budget
requirements; amending Minnesota Statutes 2006, sections 13.605, subdivision 1;
16A.10, subdivisions 1, 2; 16A.11, subdivision 3.
Reported
the same back with the following amendments:
Page
2, line 32, delete "employees, their titles," and insert
"employees' titles"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3135, A bill for an act relating to the legislature; changing certain
requirements for local impact notes; amending Minnesota Statutes 2006, section
3.987, subdivision 1.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
3.987, subdivision 1, is amended to read:
Subdivision
1. Local
impact notes. The commissioner of
finance shall coordinate the development of a local impact note for any
proposed legislation introduced after June 30, 1997, or any rule proposed after
December 31, 1999, upon request of the chair or the ranking minority member of either
legislative Tax Committee a legislative committee with jurisdiction over
the proposed legislation. Upon
receipt of a request to prepare a local impact note, the commissioner must
notify the authors of the proposed legislation or, for an administrative rule,
the head of the relevant executive agency or department, that the request has
been made. The local impact note must
be made available to the public upon request.
If the action is among the exceptions listed in section 3.988, a local
impact note need not be requested nor prepared. The commissioner shall make a reasonable and timely estimate of
the local fiscal impact on each type of political subdivision that would result
from the proposed legislation. The
commissioner of finance may require any political subdivision or the
commissioner of an administrative agency of the state to supply in a timely
manner any information determined to be necessary to determine local fiscal
impact. The political subdivision, its
representative association, or commissioner shall convey the requested
information to the commissioner of finance with a signed statement to the
effect that the information is accurate and complete to
the
best of its ability. The political
subdivision, its representative association, or commissioner, when requested,
shall update its determination of local fiscal impact based on actual cost or
revenue figures, improved estimates, or both.
Upon completion of the note, the commissioner must provide a copy to the
authors of the proposed legislation, as well as the chair and ranking
minority member of all committees to which a bill is referred, or, for an
administrative rule, to the head of the relevant executive agency or
department."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Carlson
from the Committee on Finance to which was referred:
H. F.
No. 3138, A bill for an act relating to state government; ratifying state labor
contracts; amending Minnesota Statutes 2006, section 85A.02, subdivision 5a.
Reported
the same back with the following amendments:
Page
3, after line 16, insert:
"Subd.
11. Minnesota Law Enforcement Association. The labor agreement between the state of
Minnesota and the Minnesota Law Enforcement Association, recommended for
approval by the Legislative Coordinating Commission Subcommittee on Employee
Relations on March 14, 2008, is ratified.
Subd.
12. Inter
Faculty Organization. The
labor agreement between the state of Minnesota and the Inter Faculty
Organization, recommended for approval by the Legislative Coordinating
Commission Subcommittee on Employee Relations on March 14, 2008, is ratified.
Subd.
13. MnSCU
administrators. The
personnel plan for Minnesota State College and University administrators,
recommended for approval by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 14, 2008, is ratified.
Subd.
14. Office
of Higher Education. The
compensation plan for unrepresented employees of the Office of Higher
Education, recommended for approval by the Legislative Coordinating Commission
Subcommittee on Employee Relations on March 14, 2008, is ratified."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3147, A bill for an act relating to human services; creating a working
group to study access to emergency mental health services.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. WORK
GROUP; FEASIBILITY STUDY.
The
commissioner of human services shall convene and staff a work group to
determine the feasibility and cost of establishing a single statewide toll-free
telephone number for mental health crisis calls. The work group shall include, but not be limited to, stakeholders
from crisis providers, Minnesota Ambulance Association providers, law enforcement,
911 call centers, and consumers, families, and mental health advocates. Members of the work group shall include
culturally diverse organizations."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3195, A bill for an act relating to environment; establishing principals of
a cap and trade program for greenhouse gas emissions; requiring studies;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 216H.
Reported
the same back with the following amendments:
Page
1, line 16, after "program" insert "developed pursuant
to section 216H.12 should take into account the results of the studies required
under section 216H.13, and should consider"
Page
1, line 17, delete "should cover" and insert "covering"
and delete "exclude" and insert "excluding"
Page
1, line 18, after "quantified" insert ", giving
particular scrutiny to whether emissions from the transportation sector can be
reliably quantified"
Page
1, line 19, delete "should auction" and insert "auctioning"
and delete "direct" and insert "directing"
Page
1, line 21, delete "should allow" and insert "allowing"
Page
2, line 1, delete "should ensure" and insert "ensuring"
Page
2, line 3, delete "should not increase" and insert "not
increasing"
Page
2, line 5, delete "should provide" and insert "providing"
Page
4, line 8, delete the second "and"
Page
4, line 10, delete the period and insert "; and"
Page
4, after line 10, insert:
"(10)
analysis of the effect of adopting a cap and trade program on the level of
foreign investment in Minnesota."
Amend
the title as follows:
Page
1, line 2, delete "principals" and insert "principles"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3238, A bill for an act relating to waters; providing for sustainable water
use; requiring conservation rate structures; requiring disclosure of
contaminated wells; requiring sharing groundwater information; creating
Pollution Control Agency ombudsman for groundwater pollution education and
assistance; extending the expiration date for the Metropolitan Area Water
Supply Advisory Committee; amending Minnesota Statutes 2006, sections 103G.101,
subdivision 1; 103G.291, by adding a subdivision; 103I.236; 473.1565, subdivision
2; Minnesota Statutes 2007 Supplement, sections 103G.291, subdivision 3;
473.1565, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 103H; 116.
Reported
the same back with the following amendments:
Page
4, delete section 6
Page
6, line 25, delete "8" and insert "7"
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 4, delete everything after the semicolon
Page
1, line 5, delete everything before "extending"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3243, A bill for an act relating to health; modifying the definition of other
health coverage for purposes of MinnesotaCare eligibility; amending Minnesota
Statutes 2006, section 256L.07, subdivision 3.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3257, A bill for an act relating to civil commitment; allowing persons
facing civil commitment as sexually dangerous persons or sexual psychopathic
personalities to choose to be confined in correctional facilities while the
petition is being adjudicated; addressing the cost of care for persons facing
civil commitment; addressing access to certain data by county attorneys on
persons facing civil commitment; amending Minnesota Statutes 2006, sections
246.51, by adding a subdivision; 253B.045, subdivisions 1, 2, by adding a
subdivision; Minnesota Statutes 2007 Supplement, section 253B.185, subdivision
1b.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
13.851, is amended by adding a subdivision to read:
Subd.
9. Civil
commitment of sexual offenders.
Data relating to the preparation of a petition to commit an
individual as a dangerous sex offender is governed by section 253B.185,
subdivision 1b.
Sec.
2. Minnesota Statutes 2006, section
253B.045, subdivision 1, is amended to read:
Subdivision
1. Restriction. Except when ordered by the court pursuant to
a finding of necessity to protect the life of the proposed patient or others
or as provided under subdivision 1a, no person subject to the provisions of
this chapter shall be confined in a jail or correctional institution, except
pursuant to chapter 242 or 244.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
253B.045, is amended by adding a subdivision to read:
Subd.
1a. Exception. A person who is being petitioned for
commitment under section 253B.185 and who is placed under a judicial hold order
under section 253B.07, subdivision 2b or 7, may be confined at a Department of
Corrections or a county correctional or detention facility, rather than a
secure treatment facility, until a determination of the commitment petition as
specified in this subdivision.
(a)
A court may order that a person who is being petitioned for commitment under
section 253B.185 be confined in a Department of Corrections facility pursuant
to the judicial hold order under the following circumstances and conditions:
(1)
The person is currently serving a sentence in a Department of Corrections
facility and the court determines that the person has made a knowing and
voluntary (i) waiver of the right to be held in a secure treatment facility and
(ii) election to be held in a Department of Corrections facility. The order confining the person in the
Department of Corrections facility shall remain in effect until the court
vacates the order or the person's criminal sentence and conditional release
term expire.
(2)
A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of
intent to revoke the election with the court and serving the notice upon the
Department of Corrections and the county attorney. The court shall order the person transferred to a secure
treatment facility within 15 days of the date that the notice of revocation was
filed with the court, except that, if the person has additional time to serve
in prison at the end of the 15-day period, the person shall not be transferred
to a secure treatment facility until the person's prison term expires. After a person has revoked an election to
remain in a Department of Corrections facility under this subdivision, the
court may not adopt another election to remain in a Department of Corrections
facility without the agreement of both parties and the Department of
Corrections.
(3)
Upon petition by the commissioner of corrections, after notice to the parties
and opportunity for hearing and for good cause shown, the court may order that
the person's place of confinement be changed from the Department of Corrections
to a secure treatment facility.
(4)
While at a Department of Corrections facility pursuant to this subdivision, the
person shall remain subject to all rules and practices applicable to
correctional inmates in the facility in which the person is placed, including,
but not limited to, the powers and duties of the commissioner of corrections
under section 241.01, powers relating to use of force under section 243.52, and
the right of the commissioner of corrections to determine the place of
confinement in a prison, reformatory, or other facility.
(5)
A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any
applicable conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised
release date and is subject to a period of conditional release, the period of
conditional release shall commence on the supervised release date even though
the person remains in the Department of Corrections facility pursuant to this
provision. At the end of the later of
the executed sentence or any applicable conditional release period, the person
shall be transferred to a secure treatment facility.
(b)
The committing county may offer a person who is being petitioned for commitment
under section 253B.185 and who is placed under a judicial hold order under
section 253B.07, subdivision 2b or 7, the option to be held in a county
correctional or detention facility rather than a secure treatment facility,
under such terms as may be agreed to by the county, the commitment petitioner,
and the commitment respondent. If a
person makes such an election under this paragraph, the court hold order shall
specify the terms of the agreement, including the conditions for revoking the
election.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2006, section
253B.045, subdivision 2, is amended to read:
Subd.
2. Facilities. Each county or a group of counties shall
maintain or provide by contract a facility for confinement of persons held
temporarily for observation, evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
at a regional treatment center, the commissioner shall charge the county of
financial responsibility for the costs of confinement of persons hospitalized
under section 253B.05, subdivisions 1 and 2, and section 253B.07, subdivision
2b, except that the commissioner shall bill the responsible health plan first. If the person has health plan coverage, but
the hospitalization does not meet the criteria in subdivision 6 or section
62M.07, 62Q.53, or 62Q.535, the county is responsible. When a person is temporarily confined in
a Department of Corrections facility solely under subdivision 1a, and not based
on any separate correctional authority, the commissioner of corrections may
charge the county of financial responsibility for the costs of confinement. "County
of financial responsibility" means the county in which the person resides
at the time of confinement or, if the person has no residence in this state,
the county which initiated the confinement.
The charge for confinement in a facility operated by the commissioner
of human services shall be based on the commissioner's determination of the
cost of care pursuant to section 246.50, subdivision 5. When there is a dispute as to which county
is the county of financial responsibility, the county charged for the costs of
confinement shall pay for them pending final determination of the dispute over financial
responsibility. Disputes about the
county of financial responsibility shall be submitted to the commissioner to be
settled in the manner prescribed in section 256G.09.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 253B.185, subdivision 1b, is amended to read:
Subd.
1b. County attorney access to data.
Notwithstanding sections 144.291 to 144.298; 245.467, subdivision 6;
245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 260C.171; and
609.749, subdivision 6, or any provision of chapter 13 or other state law,
prior to filing a petition for commitment as a sexual psychopathic personality
or as a sexually dangerous person, and upon notice to the proposed patient, the
county attorney or the county attorney's designee may move the court for an
order granting access to any records or data, to the extent it relates to the
proposed patient, for the purpose of determining whether good cause exists to
file a petition and, if a petition is filed, to support the allegations set
forth in the petition.
The
court may grant the motion if: (1) the
Department of Corrections refers the case for commitment as a sexual
psychopathic personality or a sexually dangerous person; or (2) upon a showing
that the requested category of data or records may be relevant to the
determination by the county attorney or designee. The court shall decide a motion under this subdivision within 48
hours after a hearing on the motion.
Notice to the proposed patient need not be given upon a showing that
such notice may result in harm or harassment of interested persons or potential
witnesses. Notwithstanding any
provision of chapter 13 or other state law, a county attorney considering the
civil commitment of a person under this section may obtain records and data
from the Department of Corrections or any probation or parole agency in this
state upon request, without a court order, for the purpose of determining
whether good cause exists to file a petition and, if a petition is filed, to
support the allegations set forth in the petition.
Data
collected pursuant to this subdivision shall retain their original status and,
if not public, are inadmissible in any court proceeding unrelated to civil commitment,
unless otherwise permitted.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
253B.185, subdivision 5, is amended to read:
Subd.
5. Financial
responsibility. (a) For purposes of
this subdivision, "state facility" has the meaning given in section
246.50 and also includes a Department of Corrections facility when the
proposed patient is confined in such a facility pursuant to section 253B.045,
subdivision 1a.
(b)
Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
when a petition is filed for commitment under this section pursuant to the
notice required in section 244.05, subdivision 7, the state and county are each
responsible for 50 percent of the cost of the person's confinement at a state
facility or county jail, prior to commitment.
(c)
The county shall submit an invoice to the state court administrator for
reimbursement of the state's share of the cost of confinement.
(d)
Notwithstanding paragraph (b), the state's responsibility for reimbursement is
limited to the amount appropriated for this purpose.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to civil commitment; allowing persons facing civil
commitment as sexually dangerous persons or sexual psychopathic personalities
to choose to be confined in correctional facilities while the petition is being
adjudicated; addressing the cost of care for persons facing civil commitment;
addressing access to certain data
by
county attorneys on persons facing civil commitment; amending Minnesota
Statutes 2006, sections 13.851, by adding a subdivision; 253B.045, subdivisions
1, 2, by adding a subdivision; 253B.185, subdivision 5; Minnesota Statutes 2007
Supplement, section 253B.185, subdivision 1b."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3264, A bill for an act relating to human services; amending state-operated
services; allowing certain nonstate employees to work for community-based
programs; amending Minnesota Statutes 2006, section 252.50, subdivision 1.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3287, A bill for an act relating to commerce; regulating debt management
services; repealing an obsolete criminal provision; amending Minnesota Statutes
2007 Supplement, sections 332A.02, subdivision 2; 332A.04, subdivisions 1, 2,
4; 332A.06; 332A.12, by adding a subdivision; repealing Minnesota Statutes 2006,
section 609B.163.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3316, A bill for an act relating to education; providing for
prekindergarten through grade 12 education, including general education,
education excellence, special programs, libraries, and self-sufficiency and
lifelong learning; amending Minnesota Statutes 2006, sections 13.32, by adding
a subdivision; 120A.05, subdivision 10a; 120B.02; 120B.023, subdivision 2;
120B.131, subdivision 2; 120B.31, subdivision 4; 122A.07, subdivisions 2, 3;
122A.60; 122A.61, subdivision 1; 123B.14, subdivision 7; 123B.36, subdivision
1; 123B.37, subdivision 1; 123B.77, subdivision 3; 123B.81, subdivisions 3, 5;
123B.83, subdivision 3; 124D.10, subdivisions 2a, 4a, 6a, 7, 8, 23; 124D.522;
124D.55; 124D.60, subdivision 1; 125A.744, subdivision 3; 125B.07, by adding a
subdivision; 126C.40, subdivision 6; 134.31, subdivision 6, by adding a
subdivision; Minnesota Statutes 2007 Supplement, sections 120B.021, subdivision
1; 120B.15; 120B.30, subdivisions 1, 1a; 123B.81, subdivision 4; 124D.095,
subdivision 4; 124D.10, subdivisions 4, 23a; 125A.56; 126C.10, subdivision 34;
127A.49, subdivisions 2, 3; 134.31, subdivision 4a.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
GENERAL
EDUCATION
Section
1. Minnesota Statutes 2006, section
123B.14, subdivision 7, is amended to read:
Subd.
7. Clerk
records. The clerk shall keep a
record of all meetings of the district and the board in books provided by the
district for that purpose. The clerk
shall, within three days after an election, notify all persons elected of their
election. By August September
15 of each year the clerk shall file with the board a report of the
revenues, expenditures and balances in each fund for the preceding fiscal
year. The report together with vouchers
and supporting documents shall subsequently be examined by a public accountant
or the state auditor, either of whom shall be paid by the district, as provided
in section 123B.77, subdivision 3. The
board shall by resolution approve the report or require a further or amended
report. By August September 15
of each year, the clerk shall make and transmit to the commissioner certified
reports, showing:
(1)
The condition and value of school property;
(2) (1) The revenues and
expenditures in detail, and such other financial information required by law,
rule, or as may be called for by the commissioner;
(3) (2) The length of
school term and the enrollment and attendance by grades; and
(4) (3) Such other items
of information as may be called for by the commissioner.
The
clerk shall enter in the clerk's record book copies of all reports and of the
teachers' term reports, as they appear in the registers, and of the proceedings
of any meeting as furnished by the clerk pro tem, and keep an itemized account
of all the expenses of the district.
The clerk shall furnish to the auditor of the proper county, by October
10 September 30 of each year, an attested copy of the clerk's
record, showing the amount of money proposed property taxes voted
by the district or the board for school purposes; draw and sign all orders upon
the treasurer for the payment of money for bills allowed by the board for
salaries of officers and for teachers' wages and all claims, to be
countersigned by the chair. Such orders
must state the consideration, payee, and the fund and the clerk shall take a
receipt therefor. Teachers' wages shall
have preference in the order in which they become due, and no money applicable
for teachers' wages shall be used for any other purpose, nor shall teachers' wages
be paid from any fund except that raised or apportioned for that purpose.
Sec.
2. Minnesota Statutes 2006, 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 February 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.
Sec.
3. Minnesota Statutes 2006, section
123B.81, subdivision 3, is amended to read:
Subd.
3. Debt
verification. The commissioner
shall establish a uniform auditing or other verification procedure for
districts to determine whether a statutory operating debt exists in any
Minnesota school district as of June 30, 1977. This procedure must identify all interfund transfers made during
fiscal year 1977 from a fund included in computing statutory operating debt to
a fund not included in computing statutory operating debt. The standards for this uniform auditing or
verification procedure must be promulgated by the state board pursuant to
chapter 14. If a district applies to
the commissioner for a statutory operating debt verification or if the
unaudited financial statement for the school year ending June 30, 1977 reveals
that a statutory operating debt might exist, the commissioner shall require
a verification of the amount of the statutory operating debt which actually
does exist.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 123B.81, subdivision 4, is amended to read:
Subd.
4. Debt
elimination. If an audit or other
verification procedure conducted pursuant to subdivision 3 determines that a
statutory operating debt exists, a district must follow the procedures set
forth in this section 123B.83 to eliminate this statutory
operating debt.
Sec.
5. Minnesota Statutes 2006, section
123B.81, subdivision 5, is amended to read:
Subd.
5. Certification
of debt. The commissioner shall
certify the amount of statutory operating debt for each district. Prior to June 30, 1979, the commissioner
may, on the basis of corrected figures, adjust the total amount of statutory
operating debt certified for any district.
Sec.
6. Minnesota Statutes 2006, section
123B.83, subdivision 3, is amended to read:
Subd.
3. Failure
to limit expenditures. If a
district does not limit its expenditures in accordance with this section, the
commissioner may so notify the appropriate committees of the legislature by no
later than January 1 February 15 of the year following the end of
that fiscal year.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 126C.10, subdivision 34, is amended to read:
Subd.
34. Basic alternative teacher compensation aid. (a) For fiscal years 2007 and later, 2008,
and 2009, the basic alternative teacher compensation aid for a school
district with a plan approved under section 122A.414, subdivision 2b, equals 65
73.1 percent of the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for an intermediate school district
or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of
pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of
operation, times the ratio of the sum of the alternative teacher compensation
aid and alternative teacher compensation levy for all participating school
districts to the maximum alternative teacher compensation revenue for those
districts under section 122A.415, subdivision 1.
(b)
For fiscal years 2010 and later, the basic alternative teacher compensation aid
for a school district with a plan approved under section 122A.414, subdivision
2b, equals 65 percent of the alternative teacher compensation revenue under
section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for an intermediate school district
or charter school with a plan approved under section 122A.414, subdivisions 2a and
2b, if the recipient is a charter school, equals $260 times the number of
pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of
operation, times the ratio of the
sum
of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum
alternative teacher compensation revenue for those districts under section
122A.415, subdivision 1.
(b) (c) Notwithstanding
paragraphs (a) and (b) and section 122A.415, subdivision 1, the state total
basic alternative teacher compensation aid entitlement must not exceed
$75,636,000 for fiscal year 2007 and later.
The commissioner must limit the amount of alternative teacher
compensation aid approved under section 122A.415 so as not to exceed these
limits.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. Minnesota Statutes 2006, section
126C.40, subdivision 6, is amended to read:
Subd.
6. Lease
purchase; installment buys. (a)
Upon application to, and approval by, the commissioner in accordance with the
procedures and limits in subdivision 1, paragraphs (a) and (b), a district, as
defined in this subdivision, may:
(1)
purchase real or personal property under an installment contract or may lease
real or personal property with an option to purchase under a lease purchase
agreement, by which installment contract or lease purchase agreement title is
kept by the seller or vendor or assigned to a third party as security for the
purchase price, including interest, if any; and
(2)
annually levy the amounts necessary to pay the district's obligations under the
installment contract or lease purchase agreement.
(b)
The obligation created by the installment contract or the lease purchase
agreement must not be included in the calculation of net debt for purposes of
section 475.53, and does not constitute debt under other law. An election is not required in connection
with the execution of the installment contract or the lease purchase agreement.
(c)
The proceeds of the levy authorized by this subdivision must not be used to
acquire a facility to be primarily used for athletic or school administration
purposes.
(d)
For the purposes of this subdivision, "district" means:
(1) a racially
isolated school district or a school district with a racially
identifiable school required to have a comprehensive desegregation
or integration plan for the elimination of segregation under
Minnesota Rules, parts 3535.0100 to 3535.0180, which is eligible for revenue
under section 124D.86, subdivision 3, clause (1), (2), or (3), and whose
plan has been determined by the commissioner to be in compliance with
Department of Education rules relating to equality of educational opportunity and
school desegregation and, for a district eligible for revenue under section
124D.86, subdivision 3, clause (4) or (5), where the acquisition of
property under this subdivision is determined by the commissioner to contribute
to the implementation of the desegregation plan; or
(2) a
school district that participates in a joint program for interdistrict
desegregation with a district defined in clause (1) if the facility acquired
under this subdivision is to be primarily used for the joint program and the commissioner
determines that the joint programs are being undertaken to implement the
districts' desegregation plan.
(e)
Notwithstanding subdivision 1, the prohibition against a levy by a district to
lease or rent a district-owned building to itself does not apply to levies
otherwise authorized by this subdivision.
(f)
For the purposes of this subdivision, any references in subdivision 1 to
building or land shall include personal property.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 127A.49, subdivision 2, is amended to read:
Subd.
2. Abatements. Whenever by virtue of chapter 278, sections
270C.86, 375.192, or otherwise, the net tax capacity or referendum market value
of any district for any taxable year is changed after the taxes for that year
have been spread by the county auditor and the local tax rate as determined by
the county auditor based upon the original net tax capacity is applied upon the
changed net tax capacities, the county auditor shall, prior to February 1 of
each year, certify to the commissioner of education the amount of any resulting
net revenue loss that accrued to the district during the preceding year. Each year, the commissioner shall pay an
abatement adjustment to the district in an amount calculated according to the
provisions of this subdivision. This
amount shall be deducted from the amount of the levy authorized by section
126C.46. The amount of the abatement
adjustment must be the product of:
(1)
the net revenue loss as certified by the county auditor, times
(2)
the ratio of:
(i)
the sum of the amounts of the district's certified levy in the third preceding
year according to the following:
(A)
section 123B.57, if the district received health and safety aid according to
that section for the second preceding year;
(B)
section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C)
section 124D.135, subdivision 3, if the district received early childhood
family education aid according to section 124D.135 for the second preceding
year;
(D)
section 126C.17, subdivision 6, if the district received referendum
equalization aid according to that section for the second preceding year;
(E)
section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in
the second preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section
126C.10, subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii)
the total amount of the district's certified levy in the third preceding
December, plus or minus auditor's adjustments.
Sec.
10. Minnesota Statutes 2007 Supplement,
section 127A.49, subdivision 3, is amended to read:
Subd.
3. Excess
tax increment. (a) If a return of
excess tax increment is made to a district pursuant to sections 469.176,
subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax
increment district, the school district's aid and levy limitations must be
adjusted for the fiscal year in which the excess tax increment is paid under
the provisions of this subdivision.
(b) An
amount must be subtracted from the district's aid for the current fiscal year
equal to the product of:
(1)
the amount of the payment of excess tax increment to the district, times
(2)
the ratio of:
(i)
the sum of the amounts of the district's certified levy for the fiscal year in
which the excess tax increment is paid according to the following:
(A)
section 123B.57, if the district received health and safety aid according to
that section for the second preceding year;
(B)
section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C)
section 124D.135, subdivision 3, if the district received early childhood
family education aid according to section 124D.135 for the second preceding
year;
(D)
section 126C.17, subdivision 6, if the district received referendum
equalization aid according to that section for the second preceding year;
(E)
section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in
the second preceding year;
(F) (E) section 126C.10,
subdivision 13a, if the district received operating capital aid according to
section 126C.10, subdivision 13b, in the second preceding year;
(G) (F) section 126C.10,
subdivision 29, if the district received equity aid according to section 126C.10,
subdivision 30, in the second preceding year;
(H) (G) section 126C.10,
subdivision 32, if the district received transition aid according to section
126C.10, subdivision 33, in the second preceding year;
(I) (H) section 123B.53,
subdivision 5, if the district received debt service equalization aid according
to section 123B.53, subdivision 6, in the second preceding year;
(J) (I) section 124D.22,
subdivision 3, if the district received school-age care aid according to
section 124D.22, subdivision 4, in the second preceding year;
(K) (J) section
123B.591, subdivision 3, if the district received deferred maintenance aid
according to section 123B.591, subdivision 4, in the second preceding year; and
(L) (K) section 126C.10,
subdivision 35, if the district received alternative teacher compensation
equalization aid according to section 126C.10, subdivision 36, paragraph (a),
in the second preceding year; to
(ii)
the total amount of the district's certified levy for the fiscal year, plus or
minus auditor's adjustments.
(c) An
amount must be subtracted from the school district's levy limitation for the
next levy certified equal to the difference between:
(1)
the amount of the distribution of excess increment; and
(2)
the amount subtracted from aid pursuant to clause (a).
If the
aid and levy reductions required by this subdivision cannot be made to the aid
for the fiscal year specified or to the levy specified, the reductions must be
made from aid for subsequent fiscal years, and from subsequent levies. The school district must use the payment of
excess tax increment to replace the aid and levy revenue reduced under this
subdivision.
(d)
This subdivision applies only to the total amount of excess increments received
by a district for a calendar year that exceeds $25,000.
ARTICLE
2
EDUCATION
EXCELLENCE
Section
1. Minnesota Statutes 2006, section
120A.24, subdivision 1, is amended to read:
Subdivision
1. Reports
to superintendent. The person in
charge of providing instruction to a child must submit the following
information to the superintendent of the district in which the child resides:
(1) by
October 1 of each school year, the name, birth date, and address of each child
receiving instruction;
(2)
the name of each instructor and evidence of compliance with one of the
requirements specified in section 120A.22, subdivision 10; and
(3) an
annual instructional calendar; and
(4)
for each child instructed by a parent who meets only the requirement of section
120A.22, subdivision 10, clause (6), a quarterly report card on the achievement
of the child in each subject area required in section 120A.22, subdivision 9.
Sec.
2. Minnesota Statutes 2006, section
120A.24, subdivision 2, is amended to read:
Subd.
2. Availability
of documentation. The person in
charge of providing instruction to a child must make available documentation
indicating that the subjects required in section 120A.22, subdivision 9, are
being taught. This documentation must
include class schedules, copies of materials used for instruction, and
descriptions of
methods
used to assess student achievement, and for each child instructed by a
parent who meets only the requirement of section 120A.22, subdivision 10,
clause (6), a quarterly report card on the achievement of the child in each subject
area required under section 120A.22, subdivision 9.
Sec.
3. Minnesota Statutes 2006, section
120B.02, is amended to read:
120B.02 EDUCATIONAL EXPECTATIONS FOR
MINNESOTA'S STUDENTS.
(a)
The legislature is committed to establishing rigorous academic standards for
Minnesota's public school students. To
that end, the commissioner shall adopt in rule statewide academic
standards. The commissioner shall not
prescribe in rule or otherwise the delivery system, classroom assessments, or
form of instruction that school sites must use. For purposes of this chapter, a school site is a separate
facility, or a separate program within a facility that a local school board
recognizes as a school site for funding purposes.
(b)
All commissioner actions regarding the rule must be premised on the following:
(1)
the rule is intended to raise academic expectations for students, teachers, and
schools;
(2)
any state action regarding the rule must evidence consideration of school
district autonomy; and
(3)
the Department of Education, with the assistance of school districts, must make
available information about all state initiatives related to the rule to
students and parents, teachers, and the general public in a timely format that
is appropriate, comprehensive, and readily understandable.
(c)
When fully implemented, the requirements for high school graduation in
Minnesota must require students to satisfactorily complete, as determined by
the school district, the course credit requirements under section 120B.024 and:
successfully pass graduation examinations required under section 120B.30.
(1)
for students enrolled in grade 8 before the 2005-2006 school year, to pass the
basic skills test requirements; and
(2)
for students enrolled in grade 8 in the 2005-2006 school year and later, to
pass the Minnesota Comprehensive Assessments Second Edition (MCA-IIs).
(d)
The commissioner shall periodically review and report on the state's assessment
process.
(e)
School districts are not required to adopt specific provisions of the federal
School-to-Work programs.
Sec.
4. Minnesota Statutes 2007 Supplement,
section 120B.021, subdivision 1, is amended to read:
Subdivision
1. Required
academic standards. The following
subject areas are required for statewide accountability:
(1)
language arts;
(2)
mathematics;
(3)
science;
(4)
social studies, including history, geography, economics, and government and
citizenship;
(5)
health and physical education, for which locally developed academic standards
apply; and
(6)
the arts, for which statewide or locally developed academic standards apply, as
determined by the school district.
Public elementary and middle schools must offer at least three and
require at least two of the following four arts areas: dance; music; theater; and visual arts. Public high schools must offer at least
three and require at least one of the following five arts areas: media arts; dance; music; theater; and
visual arts.
The
commissioner must submit proposed standards in science and social studies to the
legislature by February 1, 2004.
For purposes of applicable
federal law, the academic standards for language arts, mathematics, and science
apply to all public school students, except the very few students with
extreme cognitive or physical impairments for whom an individualized education
plan team has determined that the required academic standards are
inappropriate. An individualized
education plan team that makes this determination must establish alternative standards
with appropriate alternate achievement standards based on these academic
standards for students with individualized education plans.
A
school district, no later than the 2007-2008 school year, must adopt graduation
requirements that meet or exceed state graduation requirements established in
law or rule. A school district that
incorporates these state graduation requirements before the 2007-2008 school
year must provide students who enter the 9th grade in or before the 2003-2004
school year the opportunity to earn a diploma based on existing locally
established graduation requirements in effect when the students entered the 9th
grade. District efforts to develop,
implement, or improve instruction or curriculum as a result of the provisions
of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.
The
commissioner must include the contributions of Minnesota American Indian tribes
and communities as they relate to the academic standards during the review and
revision of the required academic standards.
Sec.
5. Minnesota Statutes 2006, section
120B.023, subdivision 2, is amended to read:
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 commissioner must ensure that the
statewide 11th grade mathematics test assessment administered
to students under clause (2) in grade 11 beginning in the
2013-2014 school year must include is aligned with state academic
standards in mathematics, including 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.
The commissioner also must ensure that the statewide science
assessments administered to students under section 120B.30, subdivision 1a,
beginning in the 2011-2012 school year, are aligned with the state academic
standards in science. 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 also must ensure that the statewide language
arts assessments administered to students in grades 3 through 8 and grade 10
beginning in the 2012-2013 school year are aligned with the state academic
standards in language arts. 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.
Sec.
6. Minnesota Statutes 2006, 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 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 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.
7. Minnesota Statutes 2007 Supplement,
section 120B.15, is amended to read:
120B.15 GIFTED AND TALENTED STUDENTS
PROGRAMS.
(a) School
districts may identify students, locally develop programs, provide staff
development, and evaluate programs to provide gifted and talented students with
challenging educational programs.
(b)
School districts may adopt guidelines for assessing and identifying students
for participation in gifted and talented programs. The guidelines should include the use of:
(1)
multiple and objective criteria; and
(2)
assessments and procedures that are valid and reliable, fair, and based on
current theory and research.; and
(3)
an identification appeals process.
(c)
School districts must adopt procedures for the academic acceleration of gifted
and talented students. These procedures
must include how the district will:
(1)
assess a student's readiness and motivation for acceleration; and
(2)
match the level, complexity, and pace of the curriculum to a student to achieve
the best type of academic acceleration for that student.
Sec.
8. [120B.299]
DEFINITIONS.
Subdivision
1. Definitions. The definitions in this section apply to
this chapter.
Subd.
2. Growth. "Growth" compares the
difference between a student's achievement score at two distinct points in
time.
Subd.
3. Value-added. "Value-added" is the amount of
achievement a student demonstrates above an established baseline.
Subd.
4. Growth-based
value-added. "Growth-based
value-added" is a value-added system of assessments that measures the
difference between an established baseline of growth and a student's growth
over time.
Subd.
5. Adequate
yearly progress. "Adequate
yearly progress" compares the average achievement of two different groups
of students at two different points in time.
Subd.
6. State
growth norm. "State
growth norm" is an established statewide percentile or standard applicable
to all students in a particular grade benchmarked to an established school
year. Beginning in the 2008-2009 school
year, the state growth norm is benchmarked to 2006-2007 school year data until
the commissioner next changes the vertically linked scale score. Each time the commissioner changes the
vertically linked scale score, a recognized Minnesota assessment group composed
of assessment and evaluation directors and staff and researchers, in
collaboration with the Independent Office of Educational Accountability under
section 120B.31, subdivision 3, must recommend a new state growth norm that the
commissioner shall consider with the revised standards. For each newly established state growth
norm, the commissioner also must establish criteria for identifying schools and
school districts that demonstrate accelerated growth in order to advance
educators' professional development and to replicate programs that succeed in
meeting students' diverse learning needs.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. Minnesota Statutes 2007 Supplement,
section 120B.30, is amended to read:
120B.30 STATEWIDE TESTING AND REPORTING
SYSTEM.
Subdivision
1. Statewide
testing. (a) The commissioner, with
advice from experts with appropriate technical qualifications and experience
and stakeholders, consistent with subdivision 1a, shall include in the
comprehensive assessment system, for each grade level to be tested,
state-constructed tests developed from and aligned with the state's required
academic standards under section 120B.021 and administered annually to all
students in grades 3 through 8 and at the high school level. A state-developed test in a subject other
than writing, developed after the 2002-2003 school year, must include
both machine-scoreable and constructed response questions. The commissioner shall establish one or more
months during which schools shall administer the tests to students each school
year. Schools that the commissioner
identifies for stand-alone field testing or other national sampling must
participate as directed.
Superintendents or charter school directors may appeal in writing to the
commissioner for an exemption from a field test based on undue hardship. The commissioner's decision regarding the
appeal is final. For students
enrolled in grade 8 before the 2005-2006 school year, only Minnesota basic
skills tests in reading, mathematics, and writing shall fulfill students' basic
skills testing requirements for a passing state notation. The passing scores of basic skills tests in
reading and mathematics are the equivalent of 75 percent correct for students
entering grade 9 in 1997 and thereafter, as based on the first uniform
test administration of administered in February 1998.
(b)
For students enrolled in grade 8 in the 2005-2006 school year and later, only
the following options shall fulfill students' state graduation test
requirements:
(1)
for reading and mathematics:
(i)
obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a
passing score as determined through a standard setting process on the
graduation-required assessment for diploma in grade 10 for reading and grade 11
for mathematics or subsequent retests;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in reading and the mathematics
test for English language learners or the graduation-required assessment for
diploma equivalent of those assessments for students designated as English
language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan;
(iv)
obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate
assessment or assessments in grade 10 for reading and grade 11 for mathematics
for students with an individual education plan; or
(v)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan; and
(2)
for writing:
(i)
achieving a passing score on the graduation-required assessment for diploma;
(ii)
achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students
designated as English language learners;
(iii)
achieving an individual passing score on the graduation-required assessment for
diploma as determined by appropriate state guidelines for students with an
individual education plan or 504 plan; or
(iv)
achieving an individual passing score on the state-identified alternate
assessment or assessments as determined by appropriate state guidelines for
students with an individual education plan.
(c)
The 3rd through 8th grade and high school level test results shall be available
to districts for diagnostic purposes affecting student learning and district
instruction and curriculum, and for establishing educational accountability. The commissioner must disseminate to the
public the test results upon receiving those results.
(d)
State tests must be constructed and aligned with state academic standards. The commissioner shall determine the
testing process and the order of administration shall be determined by the
commissioner. The statewide results
shall be aggregated at the site and district level, consistent with subdivision
1a.
(e) In
addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public
reporting system:
(1)
uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations,
alternate assessments, or exemptions consistent with applicable federal law,
only with parent or guardian approval, for those very few students for whom the
student's individual education plan team under sections 125A.05 and 125A.06
determines that the general statewide test is inappropriate for a student, or
for a limited English proficiency student under section 124D.59, subdivision 2;
(2)
educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily
attendance, high school graduation rates, and high school drop-out rates by age
and grade level;
(3)
state results on the American College Test; and
(4)
state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and
other states, and, where possible, against other countries, and contribute to
the national effort to monitor achievement.
Subd.
1a. Statewide and local assessments; results. (a) The commissioner must develop reading, mathematics, and
science assessments aligned with state academic standards that districts and
sites must use to monitor student growth toward achieving those standards. The commissioner must not develop statewide
assessments for academic standards in social studies, health and physical
education, and the arts. The
commissioner must require:
(1)
annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and
(2)
annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 9 8 span, and a life sciences assessment in the
grades 10 9 through 12 span for the 2007-2008 school year and
later.
(b)
The commissioner must ensure that all statewide tests administered to
elementary and secondary students measure students' academic knowledge and
skills and not students' values, attitudes, and beliefs.
(c)
Reporting of assessment results must:
(1)
provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2)
include, by no later than the 2008-2009 school year, a growth-based
value-added component that is in addition to a measure for student achievement
growth over time indicator of student achievement under section 120B.35,
subdivision 3, paragraph (b); and
(3)(i)
for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and
(ii)
for students enrolled in grade 8 in the 2005-2006 school year and later,
determine whether students have met the state's academic standards.
(d)
Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound
accommodations or alternative assessments for the very few students with
disabilities for whom statewide assessments are inappropriate and for students
with limited English proficiency.
(e) A
school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to
evaluate student progress in achieving the proficiency in the context
of the state's grade level academic standards. If a state assessment is not available, a school, school
district, and charter school must determine locally if a student has met the
required academic standards. A school,
school district, or charter school may use a student's performance on a
statewide assessment as one of multiple criteria to determine grade promotion
or retention. A school, school
district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course,
or place a student's assessment score on the student's transcript.
Subd.
2. Department
of Education assistance. The
Department of Education shall contract for professional and technical services
according to competitive bidding procedures under chapter 16C for purposes of
this section.
Subd.
3. Reporting. The commissioner shall report test data
publicly and to stakeholders, including the performance achievement levels
developed from students' unweighted test scores in each tested subject and a
listing of demographic factors that strongly correlate with student
performance. The commissioner shall
also report data that compares performance results among school sites, school
districts, Minnesota and other states, and Minnesota and other nations. The commissioner shall disseminate to
schools and school districts a more comprehensive report containing testing
information that meets local needs for evaluating instruction and curriculum.
Subd.
4. Access
to tests. The commissioner must
adopt and publish a policy to provide public and parental access for review of
basic skills tests, Minnesota Comprehensive Assessments, or any other such
statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or
guardians a copy of their student's actual responses to the test questions to
be reviewed by the parent for their review.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2006, section
120B.31, as amended by Laws 2007, chapter 146, article 2, section 10, is
amended to read:
120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL
ADJUSTMENTS.
Subdivision
1. Educational
accountability and public reporting.
Consistent with the process direction to adopt a
results-oriented graduation rule statewide academic standards under
section 120B.02, the department, in consultation with education and other
system stakeholders, must establish maintain a coordinated and
comprehensive
system of educational accountability and public reporting that promotes higher
greater academic achievement, preparation for higher academic education,
preparation for the world of work, citizenship as outlined under sections
120B.021, subdivision 1, clause (4), and 120B.024, paragraph (a), clause (4),
and the arts.
Subd.
2. Statewide
testing. Each school year, all
school districts shall give a uniform statewide test to students at specified
grades to provide information on the status, needs and performance of Minnesota
students.
Subd.
3. Educational
accountability. (a) The Independent
Office of Educational Accountability, as authorized by Laws 1997, First Special
Session chapter 4, article 5, section 28, subdivision 2, is established, and
shall be funded through the Board of Regents of the University of
Minnesota. The office shall advise the
education committees of the legislature and the commissioner of education, at
least on a biennial basis, on the degree to which the statewide educational
accountability and reporting system includes a comprehensive assessment
framework that measures school accountability for students achieving the goals
described in the state's results-oriented high school graduation
rule. The office shall determine and
annually report to the legislature whether and how effectively:
(1)
the statewide system of educational accountability utilizes uses
multiple indicators to provide valid and reliable comparative and contextual
data on students, schools, districts, and the state, and if not, recommend ways
to improve the accountability reporting system;
(2)
the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
(3)
the commissioner uses indicators of student achievement growth a
growth-based value-added indicator of student achievement over time and
a value-added assessment model that estimates the effects of the school and
school district on student achievement to measure school performance,
consistent with section 120B.36, subdivision 1 120B.35, subdivision
3, paragraph (b);
(4)
the commissioner makes data available on students who do not pass one or more
of the state's required GRAD tests and do not receive a diploma as a
consequence, and categorizes these data according to gender, race, eligibility
for free or reduced lunch, and English language proficiency; and
(5)
the commissioner fulfills the requirements under section 127A.095, subdivision
2.
(b)
When the office reviews the statewide educational accountability and reporting
system, it shall also consider:
(1) the
objectivity and neutrality of the state's educational accountability system;
and
(2)
the impact of a testing program on school curriculum and student learning.
Subd.
4. Statistical
adjustments; student performance data. In developing managing policies and assessment
processes to hold schools and districts accountable for high levels of academic
standards under section 120B.021, the commissioner shall aggregate student data
over time to report student performance and growth levels measured at
the school, school district, regional, or and statewide
level. When collecting and reporting
the performance data, the commissioner shall: (1) acknowledge the impact of significant demographic factors
such as residential instability, the number of single parent families, parents'
level of education, and parents' income level on school outcomes; and (2)
organize and report the data so that state and local policy makers can
understand the educational implications of changes in districts' demographic
profiles over time. Any report the
commissioner disseminates containing summary data on student performance must
integrate student performance and the demographic factors that strongly
correlate with that performance.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
11. Minnesota Statutes 2006, section
120B.35, as amended by Laws 2007, chapter 147, article 8, section 38, is
amended to read:
120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESS
GROWTH.
Subdivision
1. Adequate
yearly progress of schools and students School and student indicators of
growth and achievement. The
commissioner must develop and implement maintain a system for
measuring and reporting academic achievement and individual student progress
growth, consistent with the statewide educational accountability and
reporting system. The system
components of the system must measure the adequate yearly progress of
schools and the growth of individual students: students' current achievement in schools under subdivision 2; and
individual students' educational progress growth over time under
subdivision 3. The system also must
include statewide measures of student academic achievement growth
that identify schools with high levels of achievement growth, and
also schools with low levels of achievement growth that need
improvement. When determining a
school's effect, the data must include both statewide measures of student
achievement and, to the extent annual tests are administered, indicators
of achievement growth that take into account a student's prior
achievement. Indicators of achievement
and prior achievement must be based on highly reliable statewide or
districtwide assessments. Indicators that
take into account a student's prior achievement must not be used to disregard a
school's low achievement or to exclude a school from a program to improve low
achievement levels. The commissioner
by January 15, 2002, must submit a plan for integrating these components to the
chairs of the legislative committees having policy and budgetary
responsibilities for elementary and secondary education.
Subd.
2. Expectations
for federally mandated student academic achievement. (a) Each school year, a school district must
determine if the student achievement levels at each school site meet state
and local federally mandated expectations. If student achievement levels at a school site do not meet state
and local federally mandated expectations and the site has not made
adequate yearly progress for two consecutive school years, beginning with the
2001-2002 school year, the district must work with the school site to adopt a
plan to raise student achievement levels to meet state and local
federally mandated expectations.
The commissioner of education shall establish student academic achievement
levels to comply with this paragraph.
(b)
School sites identified as not meeting federally mandated expectations
must develop continuous improvement plans in order to meet state and local
federally mandated expectations for student academic achievement. The department, at a district's request,
must assist the district and the school site in developing a plan to improve
student achievement. The plan must
include parental involvement components.
(c)
The commissioner must:
(1) provide
assistance to assist school sites and districts identified as not
meeting federally mandated expectations; and
(2)
provide technical assistance to schools that integrate student progress
measures under subdivision 3 in the school continuous improvement plan.
(d)
The commissioner shall establish and maintain a continuous improvement Web site
designed to make data on every school and district available to parents,
teachers, administrators, community members, and the general public.
Subd.
3. Student
progress assessment growth; other state measures. (a) The state's educational
assessment system component measuring individual students' educational progress
must be growth is based, to the extent annual tests are
administered, on indicators of achievement growth that show an individual
student's prior achievement. Indicators
of achievement and prior achievement must be are based on highly
reliable statewide or districtwide assessments.
(b)
The commissioner must identify effective models for measuring individual
student progress that enable a school district or school site to perform
gains-based analysis, including evaluating the effects of the teacher, school,
and school district on student achievement over time. At least one model must be a "value-added" assessment
model that reliably estimates those effects for classroom settings where a
single teacher teaches multiple subjects to the same group of students, for
team teaching arrangements, and for other teaching circumstances. use a
growth-based value-added system. The
commissioner must apply the state growth norm to students in grades 4 through 8
beginning in the 2008-2009 school year, consistent with section 120B.299,
subdivision 6, initially benchmarking the state growth norm to 2006-2007 school
year data. The model must allow the
user to:
(1)
report student growth at and above the state norm; and
(2)
for all student categories with a cell size of at least 20, report and compare
aggregated and disaggregated state growth data using the nine student
categories identified under the federal 2001 No Child Left Behind Act and two
student gender categories of male and female, respectively. The model must measure the effects on
student growth at the teacher team level, grade teacher team level, school
level, and school district level.
(c) If
a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent
practicable, incorporate those measures in determining whether the district or
school site meets expectations. The
department must coordinate with the district in evaluating school sites and
continuous improvement plans, consistent with best practices If a
district has an accountability plan that includes other growth-based
value-added analysis, the commissioner may, to the extent practicable and
consistent with this section, incorporate those measures in determining whether
the district or school site shows growth.
(d)
When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must report two core measures
indicating the extent to which current high school graduates are being prepared
for postsecondary academic and career opportunities:
(1)
a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent
with the core academic subjects required for admission to Minnesota's public
four-year colleges and universities as determined by the Office of Higher
Education under chapter 136A; and
(2)
a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one
or more college-level advanced placement, international baccalaureate,
postsecondary enrollment options including concurrent enrollment, other
rigorous courses of study under section 120B.021, subdivision 1a, or industry
certification courses or programs.
When reporting the core
measures under clauses (1) and (2), the commissioner must also analyze and
report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student
gender categories of male and female, respectively.
(e)
When reporting student performance under section 120B.36, subdivision 1, the
commissioner annually, beginning July 1, 2011, must include summary data
showing students' average self-reported sense of school safety, engagement in
school, and the quality of students' relationship with teachers,
administrators, and other students. The
commissioner must gather these data consistently from students in grade 4 or 5,
in one grade level in grades 6 through 8, and in one grade level in high
school, as determined by the commissioner in consultation with recognized and
qualified experts.
Subd.
4. Improving
schools. Consistent with the
requirements of this section, the commissioner of education must establish a
second achievement benchmark to identify improving schools. The commissioner must recommend to
annually report to the public and the legislature by February 15, 2002,
indicators in addition to the achievement
benchmark
for identifying improving schools, including an indicator requiring a school to
demonstrate ongoing successful use of best teaching practices best practices learned from
those schools that demonstrate accelerated growth compared to the state growth
norm.
The
commissioner also must use those learned best practices to provide additional
assistance and intervention support to a district or school site that does not
meet either federally mandated expectations or the state growth norm.
Subd.
5. Improving
graduation rates for students with emotional or behavioral disorders. (a) A district must develop strategies in
conjunction with parents of students with emotional or behavioral disorders and
the county board responsible for implementing sections 245.487 to 245.4889 to
keep students with emotional or behavioral disorders in school, when the
district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.
(b)
A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to
increase the graduation rates of students with emotional or behavioral
disorders. A district with a drop-out
rate for children with an emotional or behavioral disturbance in grades 9
through 12 that is in the top 25 percent of all districts shall submit a plan
for review and oversight to the commissioner.
EFFECTIVE DATE. Subdivision 3, paragraph (b), applies to students in the
2009-2010 school year and later. Subdivision
3, paragraph (c), applies to students in the 2010-2011 school year and
later. Subdivision 3, paragraph (d),
applies to high school students in the 2009-2010 school year and later, and to
students in any grades 4 through 8 in the 2010-2011 school year and later,
consistent with the commissioner's grade level determinations. Subdivision 4 applies in the 2011-2012
school year and later.
Sec.
12. Minnesota Statutes 2006, section
120B.36, as amended by Laws 2007, chapter 146, article 2, section 11, is amended
to read:
120B.36 SCHOOL
ACCOUNTABILITY; APPEALS PROCESS.
Subdivision
1. School
performance report cards. (a) The
commissioner shall use objective criteria based on levels of student
performance to report at least student academic performance under
section 120B.35, subdivision 2, the percentages of students at and above the
state growth norm under section 120B.35, subdivision 3, paragraph (b),
school safety and student engagement under section 120B.35, subdivision 3,
paragraph (d), rigorous coursework under section 120B.35, subdivision 3,
paragraph (c), two separate student-to-teacher ratios that clearly indicate
the definition of teacher consistent with sections 122A.06 and 122A.15 for
purposes of determining these ratios, and staff characteristics
excluding salaries, with a value-added component added no later than the
2008-2009 school year student enrollment demographics, district
mobility, and extracurricular activities.
The report must indicate a school's adequate yearly progress status,
and must not set any designations applicable to high- and low-performing
schools due solely to adequate yearly progress status.
(b)
The commissioner shall develop, annually update, and post on the department Web
site school performance report cards.
(c)
The commissioner must make available the first performance report cards
by November 2003, and during the beginning of each school year thereafter.
(d) A
school or district may appeal its adequate yearly progress or other status
determination in writing to the commissioner within 30 days of receiving
the notice of its status. determination. The commissioner must give the affected school or school district
notice and the opportunity for a hearing before an appeals advisory committee
within
30 days after the commissioner receives the written appeal. The commissioner must notify the school or
district of the date, time, and place of the hearing at least 21 days before
the hearing date. Within 30 days after
the hearing, the appeals advisory committee must submit a written
recommendation to the commissioner regarding whether to grant or deny the
appeal and include the reasons for its recommendation. The commissioner must finally decide an
appeal based on an objective evaluation and must make and transmit to the
school or district the commissioner's evaluation and final decision within 15
days of receiving the advisory committee recommendation. The commissioner, after consulting with the
appeals advisory committee, may postpone the hearing date under special circumstances. The appeals advisory committee is composed
of five members:
(1)
a representative of a statewide professional teachers' organization selected by
the organization;
(2)
a representative of a statewide organization of school administrators selected
by the organization;
(3)
a representative of a statewide parent and teachers organization selected by
the organization;
(4)
a representative of a statewide commerce organization having a significant
interest in K-12 education selected by the organization; and
(5)
a representative of a statewide school boards association selected by the
organization.
Three
members of the appeals advisory committee shall serve two-year terms and two
members of the appeals advisory committee shall serve three-year terms
beginning July 1, 2008. Appeals
advisory committee members' terms and other matters are subject to section
15.059. The commissioner must reimburse
appeals advisory committee members from federal revenue the department receives
under the No Child Left Behind Act. The
appeals advisory committee does not expire.
The
commissioner must seek the advice of the appeals advisory committee before
deciding an appeal. The commissioner's decision
to uphold or deny an appeal is final.
(e)
School performance report cards card data are nonpublic data
under section 13.02, subdivision 9, until not later than ten days after the
appeal procedure described in paragraph (d) concludes. The department shall annually post school
performance report cards to its public Web site no later than September 1.
Subd.
1a. GRAD
test appeals. (a) Consistent
with this subdivision, the commissioner must collaborate with high school
teachers, high school administrators, parents of high school students, school
district assessment directors, higher education faculty with expertise in
kindergarten through grade 12 education and assessment, and other interested
experts and stakeholders to establish a timely, transparent, and data-based
appeals process that allows school districts, at their discretion, to grant a
diploma to high school seniors in the 2008-2009, 2009-2010, and 2010-2011
school years who do not receive a passing score on the state reading or math
GRAD test.
(b)
A high school student in the 2008-2009, 2009-2010, or 2010-2011 school year who
does not receive a passing score on the state reading or math GRAD test by
April of the student's senior year may appeal to the chief administrator of the
high school where the student is enrolled, in the form and manner the
commissioner determines, requesting that the school district grant the student
a high school diploma without passing the reading or math GRAD test. The high school administrator, in
collaboration with teachers and other school staff selected by the
administrator, must formally decide whether or not to grant the student a high
school diploma based on multiple, well-understood measures of student learning
that measurement experts have determined to be valid and reliable and that are
available to the educators deciding whether or not to grant the student's
request. School district officials must
use the data that form the bases of the student appeals under this subdivision,
where appropriate, to revise district curriculum to ensure that all students
have an equal opportunity to learn and provide appropriate academic
intervention and remediation to students who fail to pass the state's reading
or math GRAD test.
(c)
The commissioner must evaluate the effectiveness and impact of the appeals
process and recommend to the legislature by February 1, 2011, whether or not to
continue the appeals process under this subdivision. If the commissioner recommends continuing this process, the
commissioner also must recommend student performance levels for the state
reading and math GRAD tests and the appropriate indicators for school districts
to consider in deciding whether or not to grant a diploma to high school
seniors who do not receive a passing score on the state reading or math GRAD
test.
Subd.
2. Adequate
yearly progress data. All data the
department receives, collects, or creates for purposes of determining
to determine adequate yearly progress designations status
under Public Law 107-110, section 1116, set state growth norms, and
determine student growth are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure
described in subdivision 1, paragraph (d), concludes. Districts must provide parents sufficiently detailed summary data
to permit parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall annually post
federally mandated adequate yearly progress data and state student
growth data to its public Web site no later than September 1.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2006, section
120B.362, is amended to read:
120B.362 GROWTH-BASED VALUE-ADDED
ASSESSMENT PROGRAM.
(a) The commissioner of
education must implement a growth-based value-added assessment program
to assist school districts, public schools, and charter schools in assessing
and reporting individual students' growth in academic achievement under section
120B.30, subdivision 1a. The program
must use assessments of individual students' academic achievement to make longitudinal
comparisons of each student's academic growth over time. School districts, public schools, and
charter schools may apply to the commissioner to participate in the initial
trial program using a form and in the manner the commissioner prescribes. The commissioner must select program
participants from urban, suburban, and rural areas throughout the state.
(b)
The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably
estimates school and school district effects on students' academic achievement
over time. The model the commissioner
selects must accommodate diverse data and must use each student's test data
across grades. Data on individual
teachers generated under the model are personnel data under section 13.43.
(c)
The contract under paragraph (b) must be consistent with the definition of
"best value" under section 16C.02, subdivision 4.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
14. Minnesota Statutes 2006, section
121A.55, is amended to read:
121A.55 POLICIES TO BE ESTABLISHED.
(a)
The commissioner of education shall promulgate guidelines to assist each school
board. Each school board shall
establish uniform criteria for dismissal and adopt written policies and rules
to effectuate the purposes of sections 121A.40 to 121A.56. The policies shall emphasize preventing
dismissals through early detection of problems and shall be designed to address
students' inappropriate behavior from recurring. The policies shall recognize the continuing responsibility of the
school for the education of the pupil during the dismissal period. The alternative educational services, if the
pupil wishes to take advantage of them, must be adequate to allow the pupil to
make progress towards meeting the graduation standards adopted under section
120B.02 and help prepare the pupil for readmission.
(b) An
area learning center under section 123A.05 may not prohibit an expelled or
excluded pupil from enrolling solely because a district expelled or excluded
the pupil. The board of the area
learning center may use the provisions of the Pupil Fair Dismissal Act to
exclude a pupil or to require an admission plan.
(c)
Each school district shall develop a policy and report it to the commissioner
on the appropriate use of peace officers and crisis teams to remove students
who have an individualized education plan from school grounds.
(d)
Each school district must include in the student policies it annually
disseminates to students and their parents an expectation that students
cooperate with educators and, as educators and circumstances direct, provide
information to educators on school disciplinary, classroom, and other education
and school matters. For purposes of
this paragraph, the requirements of section 13.04 apply only when a school
administrator asks a student to provide information to the school administrator
that may lead to the student's expulsion.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
15. Minnesota Statutes 2006, section
122A.07, subdivision 2, is amended to read:
Subd.
2. Eligibility;
board composition. Except for the
representatives of higher education and the public, to be eligible for
appointment to the Board of Teaching a person must be a teacher currently
teaching in a Minnesota school and fully licensed for the position held and
have at least five years teaching experience in Minnesota, including the two
years immediately preceding nomination and appointment. Each nominee, other than a public nominee,
must be selected on the basis of professional experience and knowledge of
teacher education, accreditation, and licensure. The board must be composed of:
(1)
six teachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment, at least four of whom must be
teaching in a public school;
(2)
one higher education representative, who must be a faculty member preparing
teachers;
(3)
one school administrator; and
(4)
three members of the public, two of whom must be present or former members of
school boards.
Sec.
16. Minnesota Statutes 2006, section
122A.07, subdivision 3, is amended to read:
Subd.
3. Vacant
position. With the exception of
a teacher who retires from teaching during the course of completing a board
term, the position of a member who leaves Minnesota or whose employment
status changes to a category different from that from which appointed is deemed
vacant.
Sec.
17. Minnesota Statutes 2006, section
122A.09, subdivision 4, is amended to read:
Subd.
4. License
and rules. (a) The board must adopt
rules to license public school teachers and interns subject to chapter 14.
(b)
The board must adopt rules requiring a person to successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial
teacher licensure. Such rules must
require college and universities offering a board-approved teacher preparation
program to provide remedial assistance to persons who did not achieve a
qualifying score on the skills examination, including those for whom English is
a second language.
(c)
The board must adopt rules to approve teacher preparation programs. The board, upon the request of a postsecondary
student preparing for teacher licensure or a licensed graduate of a teacher
preparation program, shall assist in resolving a dispute between the person and
a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the
person or the person's credentials. At
the board's discretion, assistance may include the application of chapter 14.
(d)
The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented
curriculum that focuses on the skills teachers need in order to be
effective. The board shall implement
new systems of teacher preparation program evaluation to assure program effectiveness
based on proficiency of graduates in demonstrating attainment of program
outcomes. The board must require
that persons enrolled in a teacher preparation program receive instruction in
historical and cultural competencies related to Minnesota American Indian
tribes and communities and their contributions to Minnesota, consistent with
sections 120B.021, subdivision 1, and 124D.71 to 124D.82. The competencies related to Minnesota
American Indian tribes and communities must include, among other components,
standards for instructional practices most effective for successfully teaching
elementary and secondary American Indian students.
(e)
The board must adopt rules requiring successful completion of an examination of
general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on
the dates determined by the board but not later than September 1, 2001.
(f)
The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to
obtain periodic exposure to the elementary or secondary teaching environment.
(g)
The board must grant licenses to interns and to candidates for initial
licenses.
(h)
The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate
the abilities necessary to perform selected, representative teaching tasks at
appropriate levels.
(i)
The board must receive recommendations from local committees as established by
the board for the renewal of teaching licenses.
(j)
The board must grant life licenses to those who qualify according to
requirements established by the board, and suspend or revoke licenses pursuant
to sections 122A.20 and 214.10. The
board must not establish any expiration date for application for life licenses.
(k)
The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in the areas of using positive behavior interventions and in
accommodating, modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure adequate
progress toward the state's graduation rule.
(l) In
adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with
license or registration requirements of the commissioner of health and the
health-related boards who license personnel who perform similar services
outside of the school.
(m)
The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
reading preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect until they are
approved by law. Teachers who do not
provide direct instruction including, at least, counselors, school
psychologists, school nurses, school social workers, audiovisual directors and
coordinators, and recreation personnel are exempt from this section.
(n)
The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further
preparation in understanding the key warning signs of early-onset mental
illness in children and adolescents.
EFFECTIVE DATE. This section is effective for the 2008-2009 school year and
later.
Sec.
18. Minnesota Statutes 2006, section
122A.14, is amended by adding a subdivision to read:
Subd.
2a. Gifted
and talented preparation. A
university approved by the board to prepare candidates for administrative
licensure must provide candidates, as part of the traditional and alternative
preparation programs, the opportunity to acquire competency in administering
gifted and talented services.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to candidates who enroll in either a traditional or an alternative
preparation administrator licensure program after August 15, 2009.
Sec.
19. Minnesota Statutes 2006, section
122A.14, is amended by adding a subdivision to read:
Subd.
2c. Gifted
and talented preparation; board review. (a) The board must periodically review and approve traditional
and alternative preparation sequences for school administrators and the
sequence of competencies in administering gifted and talented student programs
and services.
(b)
The board also may advise a university on developing and implementing
continuing education programs focused on building competencies for
administering gifted and talented programs and other gifted services.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
20. Minnesota Statutes 2006, section
122A.18, is amended by adding a subdivision to read:
Subd.
10. Gifted
and talented preparation; board review. (a) A college or university with a teacher preparation program
approved by the board must provide teacher candidates with the opportunity to
acquire competency in recognizing gifted students and in providing classroom
instruction to gifted and talented students.
(b)
The board must periodically review and approve traditional and alternative
sequences for teacher candidates in recognizing gifted students and in
providing classroom instruction to gifted and talented students.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to teacher candidates who enroll in either a traditional or an
alternative preparation teacher licensure program after September 1, 2009.
Sec.
21. Minnesota Statutes 2006, section
122A.60, is amended to read:
122A.60 STAFF DEVELOPMENT PROGRAM.
Subdivision
1. Staff
development committee. A school
board must use the revenue authorized in section 122A.61 for in-service
education for programs under section 120B.22, subdivision 2, or for
staff development plans under this section.
The board must establish an advisory staff development committee to
develop the plan, assist site professional development teams in developing a
site plan consistent with the goals of the plan, and evaluate staff development
efforts at the site level. A majority
of the advisory committee and the site professional development team must be
teachers representing various grade levels, subject areas, and special
education. The advisory committee must
also include nonteaching staff, parents, and administrators.
Subd.
1a. Effective staff development activities. (a) Staff development activities must be aligned with the
district and school site staff development plans, based on student achievement
data, focused on student learning goals, and used in the classroom
setting. Activities must:
(1)
focus on the school classroom and research-based strategies that improve
student learning;
(2)
provide opportunities for teachers to practice and improve their instructional
skills over time;
(3)
provide regular opportunities for teachers to use student data as part
of their daily work to increase student achievement;
(4)
enhance teacher content knowledge and instructional skills;
(5)
align with state and local academic standards;
(6)
provide job-embedded or integrated professional development opportunities
during teacher contract day to build professional relationships, foster
collaboration among principals and staff who provide instruction to
identify instructional strategies to meet student learning goals, plan for
instruction, practice new teaching strategies, review the results of implementing
strategies, and provide opportunities for teacher-to-teacher coaching
and mentoring; and
(7)
align with the plan of the district or site for an alternative teacher
professional pay system.
Staff development activities
may also include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based
teams training to enhance team performance.
The school district also may implement other staff development
activities required by law and activities associated with professional teacher
compensation models.
(b)
Release time provided for teachers to supervise students on field trips and
school activities, or independent tasks not associated with enhancing the
teacher's knowledge and instructional skills, such as preparing report cards,
calculating grades, or organizing classroom materials, may not be counted as
staff development time that is financed with staff development reserved revenue
under section 122A.61.
Subd.
2. Contents
of the plan. The plan must be
based on student achievement and include student learning goals, the
staff development outcomes under subdivision 3, the means to achieve the
outcomes, and procedures for evaluating progress at each school site toward
meeting education outcomes.
Subd.
3. Staff
development outcomes. The advisory
staff development committee must adopt a staff development plan for increasing
teacher effectiveness and improving student achievement. The plan must be consistent with education
outcomes that the school board determines.
The plan must include ongoing staff development activities that
contribute toward continuous improvement in achievement of the following goals:
(1)
improve student achievement of state and local education standards in all areas
of the curriculum by using research-based best practices methods;
(2)
effectively meet the needs of a diverse student population, including at-risk
children, English language learners, children with disabilities, and
gifted children, within the regular classroom and other settings;
(3)
provide an inclusive curriculum for a racially, ethnically, and culturally
diverse student population that is consistent with the state education
diversity rule and the district's education diversity plan;
(4)
improve staff collaboration and develop mentoring and peer coaching programs
for teachers new to the school or district or in their first five years of
teaching;
(5)
effectively teach and model violence prevention policy and curriculum that
address early intervention alternatives, issues of harassment, and teach
nonviolent alternatives for conflict resolution; and
(6)
provide teachers and other members of site-based management teams with
appropriate management and financial management skills.
Subd.
4. Staff
development report. (a) By October 15
1 of each year, the district and site staff development committees shall
write and submit a report of staff development activities and expenditures for
the previous year, in the form and manner determined by the commissioner. The report, signed by the district
superintendent and staff development chair, must include assessment and
evaluation data indicating progress toward district and site staff development
goals based on teaching and learning outcomes, including the percentage of
teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.
(b)
The report must break down expenditures for:
(1)
curriculum development and curriculum training programs; and
(2) staff
development training models, workshops, and conferences, and the cost of
releasing teachers or providing substitute teachers for staff development
purposes.
The
report also must indicate whether the expenditures were incurred at the
district level or the school site level, and whether the school site
expenditures were made possible by grants to school sites that demonstrate
exemplary use of allocated staff development revenue. These expenditures must be reported using the uniform financial
and accounting and reporting standards.
(c)
The commissioner shall report the staff development progress and expenditure
data to the house of representatives and senate committees having jurisdiction
over education by February 15 each year.
Sec.
22. Minnesota Statutes 2006, section
122A.61, subdivision 1, is amended to read:
Subdivision
1. Staff
development revenue. A district is
required to reserve an amount equal to at least two percent of the basic
revenue under section 126C.10, subdivision 2, for in-service education for
programs under section 120B.22, subdivision 2, for with the primary
purpose of creating and implementing district and school site staff
development plans, including.
Funds may also be used to support plans for challenging
instructional activities and experiences under section 122A.60, and for
curriculum development and programs, other in-service education, teachers'
workshops, teacher conferences, the cost of substitute teachers staff
development purposes, preservice and in-service education for special
education professionals and paraprofessionals, and other related costs for
staff development efforts. A district
may annually waive the requirement to reserve their basic revenue under this
section if a majority vote of the licensed teachers in the district and a
majority vote of the school board agree to a resolution to waive the
requirement. A district in statutory
operating debt is exempt from reserving basic revenue according to this
section. Districts may expend an
additional amount of unreserved revenue for staff development based on their
needs. With the exception of amounts
reserved for staff development from revenues allocated directly to school
sites, the board must initially allocate 50 percent of the reserved revenue to
each school site in the district on a per teacher basis, which must be retained
by the school site until used. The
board may retain 25 percent to be used for district wide staff development
efforts. The remaining 25 percent of
the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any
purpose authorized under section 120B.22, subdivision 2, 122A.60, or for the
costs of curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, substitute teachers for staff
development purposes, and other staff
development
efforts, and determined by the site professional development team. The site professional development team must demonstrate to the
school board the extent to which staff at the site have met the outcomes of the
program. The board may withhold a
portion of initial allocation of revenue if the staff development outcomes are
not being met.
Sec.
23. Minnesota Statutes 2006, section
122A.75, subdivision 1, is amended to read:
Subdivision
1. Services. An Administrators Academy is
established. The academy shall provide
at least the following services:
(1) an
administrator assessment that results in an individual professional development
plan;
(2)
research and development assistance that provides current research and data of
interest to administrators; and
(3)
brokerage assistance to provide services and resources to help administrators
with needs identified in their individual professional development plan; and
(4)
the opportunity for administrators to acquire competency in administering
gifted and talented services, consistent with section 122A.14, subdivision 2c.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to administrators participating in an administrators academy
program after August 1, 2009.
Sec.
24. Minnesota Statutes 2006, section
123B.03, subdivision 1, is amended to read:
Subdivision
1. Background
check required. (a) A school hiring
authority, as defined in subdivision 3, shall request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension
on all individuals who are offered employment in the school, as defined in
subdivision 3. In order to be eligible
for employment, an individual who is offered employment must provide an
executed criminal history consent form and a money order or check payable to
either the Bureau of Criminal Apprehension or the school hiring authority, at
the election of the school hiring authority, in an amount equal to the actual
cost to the Bureau of Criminal Apprehension and the school district of
conducting the criminal history background check. A school hiring authority electing to receive payment may, at its
discretion, accept payment in the form of a negotiable instrument other than a
money order or check and shall pay the superintendent of the Bureau of Criminal
Apprehension directly to conduct the background check. The superintendent of the Bureau of Criminal
Apprehension shall conduct the background check by retrieving criminal history
data maintained in the criminal justice information system computers. A school hiring authority, at its
discretion, may elect not to request a criminal history background check on an
individual who holds an initial entrance license issued by the State Board of
Teaching or the commissioner of education within the 12 months preceding an
offer of employment.
(b) A
school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
(1)
the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;
(2)
the other school hiring authority conducted a criminal background check within
the previous 12 months;
(3)
the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of
the check; and
(4)
there is no reason to believe that the individual has committed an act
subsequent to the check that would disqualify the individual for employment.
(c) A
school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension
on any individual who seeks to enter a school or its grounds for the purpose of
serving as a school volunteer or working as an independent contractor or
student employee. In order for an
individual to enter a school or its grounds under this paragraph when the
school hiring authority elects to request a criminal history background check
on the individual, the individual first must provide an executed criminal
history consent form and a money order, check, or other negotiable instrument
payable to the school district in an amount equal to the actual cost to the
Bureau of Criminal Apprehension and the school district of conducting the
criminal history background check.
Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the
individual.
(d)
For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such
individuals from the superintendent of the Bureau of Criminal Apprehension and
from the government agency performing the same function in the resident state
or, if no government entity performs the same function in the resident state,
from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form
and a money order, check, or other negotiable instrument payable to the school
hiring authority in an amount equal to the actual cost to the government
agencies and the school district of conducting the criminal history background
check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this
paragraph is the responsibility of the individual.
(e)
Consistent with the terms in paragraph (a), a school hiring authority, as
defined in subdivision 3, shall request a criminal history background check
from the superintendent of the Bureau of Criminal Apprehension on an individual
who elects to provide athletic coaching services or other extracurricular or
cocurricular services to a district, regardless of the terms of the service.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
25. Minnesota Statutes 2006, section
123B.03, is amended by adding a subdivision to read:
Subd.
1a. Investigation
of disciplinary actions taken against prospective teachers. At the time a school hiring authority
conducts the criminal history background check required under subdivision 1 on
an individual offered employment as a teacher, the school hiring authority must
contact the Board of Teaching to determine whether the board has taken
disciplinary action against the teacher based on a board determination that
inappropriate sexual conduct or attempted inappropriate sexual conduct occurred
between the teacher and a student. If
disciplinary action has been taken based on this type of conduct, the school
hiring authority must obtain access to data that are public under sections
13.41, subdivision 5, and 13.43, subdivision 2, that relate to the substance of
the disciplinary action. In addition,
the school hiring authority must require the individual to provide information
in the employment application regarding all current and previous disciplinary
actions in Minnesota and other states taken against the individual's teaching
license as a result of inappropriate sexual conduct or attempted inappropriate
sexual conduct with a student and indicate to the applicant that intentionally
submitting false or incomplete information is a ground for dismissal.
EFFECTIVE DATE. This section is effective May 1, 2009.
Sec.
26. Minnesota Statutes 2006, section
123B.03, subdivision 2, is amended to read:
Subd.
2. Conditional
hiring; discharge. A school hiring
authority may hire an individual pending completion of a background check under
subdivision 1 or an investigation of disciplinary actions under subdivision
1a but shall notify the individual that the individual's employment may be
terminated based on the result of the background check or investigation. A school hiring authority is not liable for
failing to hire or for terminating an individual's employment based on the
result of a background check or investigation under this section.
EFFECTIVE DATE. This section is effective May 1, 2009.
Sec.
27. Minnesota Statutes 2007 Supplement,
section 123B.143, subdivision 1, is amended to read:
Subdivision
1. Contract;
duties. All districts maintaining a
classified secondary school must employ a superintendent who shall be an ex
officio nonvoting member of the school board.
The authority for selection and employment of a superintendent must be
vested in the board in all cases. An
individual employed by a board as a superintendent shall have an initial
employment contract for a period of time no longer than three years from the
date of employment. Any subsequent
employment contract must not exceed a period of three years. A board, at its discretion, may or may not
renew an employment contract. A board
must not, by action or inaction, extend the duration of an existing employment
contract. Beginning 365 days prior to
the expiration date of an existing employment contract, a board may negotiate
and enter into a subsequent employment contract to take effect upon the
expiration of the existing contract. A
subsequent contract must be contingent upon the employee completing the terms
of an existing contract. If a contract
between a board and a superintendent is terminated prior to the date specified
in the contract, the board may not enter into another superintendent contract
with that same individual that has a term that extends beyond the date
specified in the terminated contract. A
board may terminate a superintendent during the term of an employment contract
for any of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall not rely upon an
employment contract with a board to assert any other continuing contract rights
in the position of superintendent under section 122A.40. Notwithstanding the provisions of sections
122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law to the
contrary, no individual shall have a right to employment as a superintendent
based on order of employment in any district.
If two or more districts enter into an agreement for the purchase or
sharing of the services of a superintendent, the contracting districts have the
absolute right to select one of the individuals employed to serve as
superintendent in one of the contracting districts and no individual has a
right to employment as the superintendent to provide all or part of the
services based on order of employment in a contracting district. The superintendent of a district shall
perform the following:
(1)
visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
(2)
recommend to the board employment and dismissal of teachers;
(3)
superintend school grading practices and examinations for promotions;
(4)
make reports required by the commissioner; and
(5) by
January 10, submit an annual report to the commissioner in a manner prescribed
by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage
rate on the MCA-IIs taken in the eighth grade, identifying the highest student
passage rate the district expects it will be able to attain on the MCA-IIs by
grade 12, and the amount of expenditures that the district requires to attain
the targeted student passage rate; and
(6) perform other duties
prescribed by the board.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
28. Minnesota Statutes 2006, section
123B.51, is amended by adding a subdivision to read:
Subd.
5a. Temporary
closing. A school district
that proposes to temporarily close a schoolhouse or that intends to lease the
facility to another entity for use as a schoolhouse for three or fewer years is
not subject to subdivision 5 if the school board holds a public meeting and
allows public comment on the schoolhouse's future.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
29. Minnesota Statutes 2007 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. An online learning provider must make
available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for
supplemental online courses taken by students in 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 course schedule 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 in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may exceed the supplemental online
learning registration limit if the enrolling district grants permission for
supplemental online learning enrollment above the limit, or if an agreement is
made between the enrolling district and the online learning provider for
instructional services;
(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) 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.
(d) An
enrolling district may offer online learning to its enrolled students. Such online learning does not generate
online learning funds under this section.
Notwithstanding paragraph (e), 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, unless the enrolling
district is a full-time online provider.
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.
(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.
(f) To
enroll in more than 50 percent of the student's full schedule of courses per
term in online learning, the student must qualify to exceed the supplemental
online learning registration limit under paragraph (b) or apply for enrollment
to an approved full-time online learning program following appropriate
procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local
school per contract for instructional services between the online learning
provider and the school district.
Sec.
30. Minnesota Statutes 2006, section
124D.10, subdivision 2a, is amended to read:
Subd.
2a. Charter School Advisory Council.
(a) A Charter School Advisory Council is established under section
15.059 except that the term for each council member shall be three years. The advisory council is composed of seven
members from throughout the state who have demonstrated experience with or
interest in charter schools. The
members of the council shall be appointed by the commissioner. The advisory council shall bring to the
attention of the commissioner any matters related to charter schools that the
council deems necessary and shall:
(1)
encourage school boards to make full use of charter school opportunities;
(2)
encourage the creation of innovative schools;
(3)
provide leadership and support for charter school sponsors to increase the
innovation in and the effectiveness, accountability, and fiscal soundness of
charter schools;
(4)
serve an ombudsman function in facilitating the operations of new and existing
charter schools;
(5)
promote timely financial management training for newly elected members of a
charter school board of directors and ongoing training for other members of a
charter school board of directors; and
(6)
facilitate compliance with auditing and other reporting requirements. The advisory council shall refer all its
proposals to the commissioner who shall provide time for reports from the
council.
(b)
The Charter School Advisory Council under this subdivision expires June 30, 2007
does not expire and the expiration date provided in section 15.059, subdivision
5, does not apply to this section.
EFFECTIVE DATE. This section is effective retroactively from June 30, 2007.
Sec.
31. Minnesota Statutes 2007 Supplement,
section 124D.10, subdivision 4, is amended to read:
Subd.
4. Formation
of school. (a) A sponsor may
authorize one or more licensed teachers under section 122A.18, subdivision 1,
to operate a charter school subject to approval by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after receiving the
application. The school must be
organized and operated as a cooperative under chapter 308A or nonprofit
corporation under chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section. Notwithstanding sections 465.717 and
465.719, a school district may create a corporation for the purpose of creating
a charter school.
(b)
Before the operators may form and operate a school, the sponsor must file an
affidavit with the commissioner stating its intent to authorize a charter
school. The affidavit must demonstrate
the sponsor's abilities, capacities, and expertise in fulfilling the
responsibilities of a sponsor and state the terms and conditions under
which the sponsor would authorize a charter school and how the sponsor intends
to oversee the fiscal and student performance of the charter school and to
comply with the terms of the written contract between the sponsor and the
charter school board of directors under subdivision 6 in the form and manner
prescribed by the commissioner. The
sponsor must submit an affidavit to the commissioner for each charter school it
proposes to authorize. The
commissioner must approve or disapprove the sponsor's proposed authorization
within 90 days of receipt of the affidavit.
Failure to obtain commissioner approval precludes a sponsor from
authorizing the charter school that was the subject of the affidavit.
(c)
The operators authorized to organize and operate a school, before entering into
a contract or other agreement for professional or other services, goods, or
facilities, must incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a board of
directors composed of at least five nonrelated members until a timely
election for members of the charter school board of directors is held according
to the school's articles and bylaws. A
charter school board of directors must be composed of at least five
members. Any staff members who are
employed at the school, including teachers providing instruction under a
contract with a cooperative, and all parents of children enrolled in the school
may are eligible to participate in the election for members of
the school's board of directors.
Licensed teachers employed at the school, including teachers providing
instruction under a contract with a cooperative, must be a majority of the
members of the board of directors before the school completes its third year of
operation, unless the commissioner waives the requirement for a majority of
licensed teachers on the board. Board
of director meetings must comply with chapter 13D.
(d)
The granting or renewal of a charter by a sponsoring entity must not be
conditioned upon the bargaining unit status of the employees of the school.
(e)
The granting or renewal of a charter school by a sponsor must not be contingent
on the charter school being required to contract, lease, or purchase services from
the sponsor. A sponsor is prohibited
from entering into a contract to provide management and financial services for
a school that it is authorized to sponsor.
(e) (f) A sponsor may authorize the
operators of a charter school to expand the operation of the charter school to
additional sites or to add additional grades at the school beyond those
described in the sponsor's application as approved by the commissioner only
after submitting a supplemental application to the commissioner in a form and
manner prescribed by the commissioner.
The supplemental application must provide evidence that:
(1)
the expansion of the charter school is supported by need and projected
enrollment;
(2)
the charter school is fiscally sound;
(3)
the sponsor supports the expansion; and
(4)
the building of the additional site meets all health and safety requirements to
be eligible for lease aid.
(f) (g) The commissioner annually
must provide timely financial management training to newly elected members of a
charter school board of directors and ongoing training to other members of a
charter school board of directors.
Training must address ways to:
(1)
proactively assess opportunities for a charter school to maximize all available
revenue sources;
(2)
establish and maintain complete, auditable records for the charter school;
(3)
establish proper filing techniques;
(4)
document formal actions of the charter school, including meetings of the
charter school board of directors;
(5)
properly manage and retain charter school and student records;
(6)
comply with state and federal payroll record-keeping requirements; and
(7)
address other similar factors that facilitate establishing and maintaining
complete records on the charter school's operations.
Sec.
32. Minnesota Statutes 2006, section
124D.10, subdivision 4a, is amended to read:
Subd.
4a. Conflict of interest. (a) A
member of a charter school board of directors is prohibited from serving as a
member of the board of directors or as an employee or agent of or a contractor
with a for-profit entity with whom the charter school contracts, directly or
indirectly, for professional services, goods, or facilities. A violation of this prohibition renders a
contract voidable at the option of the commissioner. The commissioner may reduce a charter school's state aid under
section 127A.42 if the charter school board fails to correct violations under
this subdivision in a timely manner. A
member of a charter school board of directors who violates this prohibition
shall be individually liable to the charter school for any damage caused by the
violation.
(b) An
individual may serve as a member of the board of directors if no conflict of
interest under paragraph (a) exists.
(c) A
member of a charter school board of directors that serves as a member of the
board of directors or as an employee or agent of or a contractor with a
nonprofit entity with whom the charter school contracts, directly or
indirectly, for professional services, goods, or facilities, must disclose all
potential conflicts to the commissioner.
A violation of this requirement makes a contract voidable at the
option of the commissioner. The
commissioner may reduce a charter school's aid under section 127A.42 if the
charter school fails to correct violations under this subdivision in a timely
manner.
(d)
The conflict of interest provisions under this subdivision do not apply to
compensation paid to a teacher employed by the charter school who also serves
as a member of the board of directors.
(e)
The conflict of interest provisions under this subdivision do not apply to a
teacher who provides services to a charter school through a cooperative formed
under chapter 308A when the teacher also serves on the charter school board of
directors.
Sec.
33. Minnesota Statutes 2006, section
124D.10, subdivision 6, is amended to read:
Subd.
6. Contract. The sponsor's authorization for a charter
school must be in the form of a written contract signed by the sponsor and the
board of directors of the charter school.
The contract must be completed within 90 days of the commissioner's
approval of the sponsor's proposed authorization. The contract for a charter school must be in writing and contain
at least the following:
(1) a
description of a program that carries out one or more of the purposes in
subdivision 1;
(2)
specific outcomes pupils are to achieve under subdivision 10;
(3)
admission policies and procedures;
(4)
management and administration of the school;
(5)
requirements and procedures for program and financial audits;
(6)
how the school will comply with subdivisions 8, 13, 16, and 23;
(7)
assumption of liability by the charter school;
(8)
types and amounts of insurance coverage to be obtained by the charter school;
(9)
the term of the contract, which may be up to three years;
(10) if
how the board of directors or the operators of the charter school will provide
special instruction and services for children with a disability under sections
125A.03 to 125A.24, and 125A.65, a description of the financial parameters within
which the charter school will operate to provide the special instruction and
services to children with a disability; and
(11)
the process and criteria the sponsor intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with
subdivision 15.
Sec.
34. Minnesota Statutes 2006, section
124D.10, subdivision 6a, is amended to read:
Subd. 6a. Audit report. (a) The charter school must submit an audit report to the
commissioner by December 31 each year.
(b)
The charter
school, with the assistance of the auditor conducting the audit, must include
with the report a copy of all charter school agreements for corporate
management services. If the entity that
provides the professional services to the charter school is exempt from
taxation under section 501 of the Internal Revenue Code of 1986, that entity
must file with the commissioner by February 15 a copy of the annual return
required under section 6033 of the Internal Revenue Code of 1986.
(c)
If the commissioner
receives as part of the an audit report a management letter
indicating that a material weakness exists in the financial reporting systems
of a charter school, the charter school must submit a written report to the
commissioner explaining how the material weakness will be resolved.
(d)
Upon the
request of an individual, the charter school must make available in a timely
fashion the minutes of meetings of members, the board of directors, and
committees having any of the authority of the board of directors, and
statements showing the financial result of all operations and transactions
affecting income and surplus during the school's last annual accounting period
and a balance sheet containing a summary of its assets and liabilities as of
the closing date of the accounting period.
Sec.
35. Minnesota Statutes 2006, section
124D.10, subdivision 7, is amended to read:
Subd.
7. Public
status; exemption from statutes and rules.
A charter school is a public school and is part of the state's system of
public education. Except as provided
in this section, a charter school is exempt from all statutes and rules
applicable to a school, a board, or a district, although it may elect to comply
with one or more provisions of statutes or rules. A charter school is
exempt from all statutes and rules applicable to a school, board, or district
unless a statute or rule is made specifically applicable to a charter school.
Sec.
36. Minnesota Statutes 2006, section
124D.10, subdivision 8, is amended to read:
Subd.
8. State
and local requirements. (a) A
charter school shall meet all applicable federal, state,
and local health and safety requirements applicable to school districts.
(b) A
school sponsored by a school board may be located in any district, unless the
school board of the district of the proposed location disapproves by written
resolution.
(c) A
charter school must be nonsectarian in its programs, admission policies,
employment practices, and all other operations. A sponsor may not authorize a charter school or program that is
affiliated with a nonpublic sectarian school or a religious institution.
(d)
Charter schools must not be used as a method of providing education or
generating revenue for students who are being home-schooled.
(e)
The primary focus of a charter school must be to provide a comprehensive
program of instruction for at least one grade or age group from five through 18
years of age. Instruction may be
provided to people younger than five years and older than 18 years of age.
(f) A
charter school may not charge tuition.
(g) A
charter school is subject to and must comply with chapter 363A and section
121A.04.
(h) A
charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56, and the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.
(i) A
charter school is subject to the same financial audits, audit procedures, and
audit requirements as a district.
Audits must be conducted in compliance with generally accepted
governmental auditing standards, the Federal Single Audit Act, if applicable,
and section 6.65. A charter school is
subject to and must comply with sections 15.054; 118A.01; 118A.02; 118A.03;
118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 471.391; 471.392;
471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 12, 13, and 15;
471.881; and 471.89. The audit must
comply with the requirements of sections 123B.75 to 123B.83, except to the
extent deviations are necessary because of the program at the school. Deviations must be approved by the
commissioner. The Department of
Education, state auditor, or legislative auditor may conduct financial,
program, or compliance audits. A charter
school determined to be in statutory operating debt under sections 123B.81 to 123B.83
must submit a plan under section 123B.81, subdivision 4.
(j) A
charter school is a district for the purposes of tort liability under chapter
466.
(k) A
charter school must comply with sections 13.32; 120A.22, subdivision 7;
121A.75; and 260B.171, subdivisions 3 and 5.
(l) A
charter school is subject to the Pledge of Allegiance requirement under section
121A.11, subdivision 3.
Sec.
37. Minnesota Statutes 2006, section
124D.10, subdivision 23, is amended to read:
Subd.
23. Causes for nonrenewal or termination of charter school contract. (a) The duration of the contract with a
sponsor must be for the term contained in the contract according to subdivision
6. The sponsor may or may not renew a
contract at the end of the term for any ground listed in paragraph (b). A sponsor may unilaterally terminate a
contract during the term of the contract for any ground listed in paragraph
(b). At least 60 days before not renewing
or terminating a contract, the sponsor shall notify the board of directors of
the charter school of the proposed action in writing by registered mail. The notice shall state the grounds for the
proposed action in reasonable detail and that the charter school's board of
directors may request in writing an informal hearing before the sponsor within
14 days of receiving notice of nonrenewal or termination of the contract. Failure by the board of directors to make a
written request for a hearing within the 14-day period shall be treated as acquiescence
to the proposed action. Upon receiving
a timely written request for a hearing, the sponsor shall give reasonable
notice to
the
charter school's board of directors of the hearing date. The sponsor shall conduct an informal
hearing before taking final action. The
sponsor shall take final action to renew or not renew a contract by the last
day of classes in the school year no later than 15 days before the
termination date or the end of the contract. If the sponsor is a local board, the school's board of directors
may appeal the sponsor's decision to the commissioner.
(b) A
contract may be terminated or not renewed upon any of the following grounds:
(1)
failure to meet the requirements for pupil performance contained in the
contract;
(2)
failure to meet generally accepted standards of fiscal management;
(3)
violations of law; or
(4)
other good cause shown.
If a
contract is terminated or not renewed under this paragraph, the school must be
dissolved according to the applicable provisions of chapter 308A or 317A,
except when the commissioner approves the decision of a different eligible
sponsor to authorize the charter school.
(c) If
at the end of a contract term, either the sponsor or and the
charter school board of directors wants mutually agree to
voluntarily terminate the contract, a change in sponsors is allowed if the
commissioner approves the decision of a different eligible sponsor to authorize
the charter school. The party
intending to terminate the contract must notify the other party and the
commissioner of its intent at least 90 days before the date on which the
contract ends. The commissioner must determine whether the charter
school and the prospective new sponsor can clearly identify and effectively
resolve those circumstances causing the previous sponsor and the charter school
to terminate the contract before the commissioner determines whether to grant
the change of sponsor. Both parties
must jointly submit in writing to the commissioner their intent to terminate
the contract. The sponsor that is a
party to the existing contract at least must inform the approved different
eligible sponsor about the fiscal and student performance of the school. If no different eligible sponsor is
approved, the school must be dissolved according to applicable law and the
terms of the contract.
(d)
The commissioner, after providing reasonable notice to the board of directors
of a charter school and the existing sponsor, and after providing an
opportunity for a public hearing, may terminate the existing sponsorial
relationship if the charter school has a history of:
(1)
sustained failure to meet the requirements for pupil performance contained in
the contract;
(1) (2) financial
mismanagement; or
(2) (3) repeated
violations of the law; or
(4)
other good cause shown.
Sec.
38. Minnesota Statutes 2007 Supplement,
section 124D.10, subdivision 23a, is amended to read:
Subd.
23a. Related party lease costs.
(a) A charter school is prohibited from entering a lease of real
property with a related party as defined in subdivision 26 this subdivision,
unless the lessor is a nonprofit corporation under chapter 317A or a
cooperative under chapter 308A, and the lease cost is reasonable under section
124D.11, subdivision 4, clause (1).
(b)
For purposes of this subdivision:
(1)
"related party" means an affiliate or close relative of the other
party in question, an affiliate of a close relative, or a close relative of an
affiliate;
(2)
"affiliate" means a person that directly or indirectly, through one
or more intermediaries, controls, is controlled by, or is under common control
with another person;
(3)
"close relative" means an individual whose relationship by blood,
marriage, or adoption to another individual is no more remote than first
cousin;
(4)
"person" means an individual or entity of any kind; and
(5)
"control" means the ability to affect the management, operations, or
policies of a person, whether through ownership of voting securities, by
contract, or otherwise.
(b) (c) A lease of real
property to be used for a charter school, not excluded in paragraph (a), must
contain the following statement:
"This lease is subject to Minnesota Statutes, section 124D.10,
subdivision 23a."
(c) (d) If a charter
school enters into as lessee a lease with a related party and the charter
school subsequently closes, the commissioner has the right to recover from the
lessor any lease payments in excess of those that are reasonable under section
124D.11, subdivision 4, clause (1).
Sec.
39. [124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION PROGRAMS.
Subdivision
1. Establishment. The commissioner of education shall
establish an American Indian education committee. Members appointed by the commissioner must include
representatives of tribal bodies, community groups, parents of children eligible
to be served by the programs, American Indian administrators and teachers,
persons experienced in the training of teachers for American Indian education
programs, persons involved in programs for American Indian children in American
Indian schools, and persons knowledgeable in the field of American Indian
education. Appointed members shall be
representative of significant segments of the population of American Indians.
Subd.
2. Committee
to advise commissioner. The
committee on American Indian education programs shall advise the commissioner
in the administration of the commissioner's duties under sections 124D.71 to
124D.82 and other programs for the education of American Indian people as
determined by the commissioner.
Subd.
3. Expenses. The committee may be reimbursed for
expenses according to section 15.059, subdivision 6. The commissioner must determine the membership terms and the
duration of the committee, which expire no later than June 30, 2020.
Sec.
40. Minnesota Statutes 2006, section
124D.86, subdivision 1, is amended to read:
Subdivision
1. Use
of revenue. (a) Integration
revenue under this section must be used for programs established under a
desegregation plan filed with the Department of Education according to
Minnesota Rules, parts 3535.0100 to 3535.0180, or under court order. The revenue must be used to create or
enhance learning opportunities which are designed to provide opportunities for
students to have increased interracial contacts through classroom experiences,
staff initiatives, and other educationally related programs.
(b)
A school district, as a condition of receiving revenue each year under this
section, must have:
(1)
published specific desegregation or integration goals;
(2)
identified valid and reliable indicators to measure annual progress toward
achieving district goals; and
(3)
using its identified indicators, demonstrated to the commissioner the amount of
progress in achieving the district goals in the preceding school year.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
Sec.
41. [125B.015] STATE AND SCHOOL DISTRICT TECHNOLOGY STANDARDS.
Subdivision
1. State
technology standards; standard setting. (a) Notwithstanding other law to the contrary, the
commissioner, the Minnesota Education Technology Task Force, and
representatives of school districts must enter into a technology partnership to
identify for school districts the robust technology tools and systems that
improve the educational achievement of all Minnesota students. The partnership must establish a foundation
of flexible shared services that supports state development and implementation
of new and more efficient educational business practices, including the use of
modern analytical tools that help schools and school districts make data-driven
decisions and increase instructional time.
The partnership also must anticipate the needs of school districts for
effectively using emerging technologies to make the best and most cost-effective
use of finite educational resources.
(b)
The commissioner, in collaboration with the other members of the technology
partnership and other interested and affected stakeholders, must establish and
then maintain, revise, and publish every four years beginning June 1, 2012,
state and district technology standards and accompanying guidelines consistent
with the requirements of this section.
The state and school districts must use the technology standards to
participate in a uniform data collection system premised on:
(1)
common data definitions for all required data elements;
(2)
a common course catalogue;
(3)
common transcript definitions; and
(4)
school district infrastructure technology standards.
(c)
School districts, consistent with this section and other applicable law, may
use financial resources in addition to state funding to provide students with
the technology tools they need to succeed in an increasingly complex and
information-rich environment.
Subd.
2. District
technology standards. (a)
The commissioner, in collaboration with the Minnesota Education Technology Task
Force, must establish and then maintain, revise, and publish six categories of
district technology standards consistent with this section. The district technology standards must
encompass:
(1)
instructional technology that include best practices in 21st century classroom
instruction and student learning;
(2)
technological tools that support formative and summative online assessments,
equipment, and software;
(3)
shared services that facilitate network and data systems administration;
(4)
data practices that include technical security, Internet safety, and data
privacy;
(5)
data management that facilitates efficient data transfers involving school
districts and the department; and
(6)
facilities infrastructure that supports multipurpose technology facilities for
instruction and assessment.
(b)
School districts must align district technology expenditures with state and
district technology standards established under this section.
(c)
Beginning December 1, 2010, and each two-year period thereafter, school
districts must use the district technology standards in this section to
complete a review of the district technology environment that:
(1)
examines the alignment of district technology expenditures to the technology
standards under this section;
(2)
identifies service gaps in the district technology plan; and
(3)
estimates the funding needed to fill service gaps.
(d)
School districts must transmit the substance of the review to the commissioner
in the form and manner the commissioner determines in collaboration with the
Minnesota Education Technology Task Force.
The commissioner must evaluate and report the substance of the reviews
to the legislature by February 15, 2011, and each two-year period thereafter.
Subd.
3. Expedited
process. The commissioner
must use the expedited rulemaking process under section 14.389 to adopt state
and district technology standards consistent with this section.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to the 2008-2009 school year and later.
Sec.
42. Minnesota Statutes 2006, section
471.88, is amended by adding a subdivision to read:
Subd.
21. Contract
with no bids required. Notwithstanding
subdivision 1, a local school board may contract with a class of school
district employees such as teachers or custodians where the spouse of a school
board member is a member of the class of employees contracting with the school
board and the employee spouse receives no special monetary or other benefit
that is substantially different from the benefits that other members of the
class receive under the employment contract.
A school board invoking this exception must have a majority of disinterested
school board members vote to approve the contract, direct the school board
member spouse to abstain from voting to approve the contract, and publicly set
out the essential facts of the contract at the meeting where the contract is
approved.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
43. Laws 2007, chapter 146, article 2,
section 46, subdivision 13, is amended to read:
Subd.
13. Preadvanced placement, advanced placement, international baccalaureate,
and concurrent enrollment programs.
For preadvanced placement, advanced placement, international
baccalaureate, and concurrent enrollment programs under Minnesota Statutes,
sections 120B.132 and 124D.091:
$6,500,000 . . . . . 2008
$6,500,000 . . . . . 2009
Of this amount, $2,500,000 each year is for
concurrent enrollment program aid under Minnesota Statutes, section
124D.091. If the appropriation is
insufficient, the commissioner must proportionately reduce the aid payment to
each district. Any balance in the
first year does not cancel but is available in the second year.
The base appropriation for fiscal year 2010 and
later is $2,000,000.
Sec. 44. IMPLEMENTING A STUDENT GROWTH-BASED
VALUE-ADDED SYSTEM.
(a) To implement the requirements of
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), and to help
parents and members of the public compare the reported data, the commissioner
must convene a group of expert school district assessment and evaluation staff,
including a recognized Minnesota assessment group composed of assessment and
evaluation directors and staff and researchers under Minnesota Statutes,
section 120B.299, subdivision 6, and interested stakeholders, including school
superintendents, school principals, school teachers, and parents to examine the
actual statewide performance of students using Minnesota's growth-based
value-added system and establish criteria for identifying schools and school
districts that demonstrate accelerated growth in order to advance educators'
professional development and replicate programs that succeed in meeting
students' diverse learning needs.
(b) The commissioner must submit a written
report to the education committees of the house of representatives and senate
by February 15, 2009, describing the criteria for identifying schools and
school districts that demonstrate accelerated growth.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to school report cards in the 2008-2009
school year and later.
Sec. 45. IMPLEMENTING RIGOROUS COURSEWORK
MEASURES RELATED TO STUDENT PERFORMANCE.
To implement the requirements of Minnesota
Statutes, section 120B.35, subdivision 3, paragraph (c), clauses (1) and (2),
and to help parents and members of the public compare the reported data, the
commissioner of education must convene a group of recognized and qualified
experts and interested stakeholders, including parents among other
stakeholders, to develop a model projecting anticipated performance of each
high school on preparation and rigorous coursework measures that compares the
school with similar schools. The model
must use information about entering high school students based on particular
background characteristics that are predictive of differing rates of college
readiness. The characteristics include
grade 8 achievement levels, high school student mobility, high school student
attendance, and the size of each entering ninth grade class. The group of experts and stakeholders may
examine other characteristics not part of the prediction model including the
nine student categories identified under the federal 2001 No Child Left Behind
Act, and two student gender categories of male and female, respectively. The commissioner annually must use the
predicted level of entering students' performance to provide a context for
interpreting graduating students' actual performance.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to school report cards beginning July 1,
2011.
Sec. 46. IMPLEMENTING MEASURES FOR ASSESSING
STUDENTS' SELF-REPORTED SENSE OF SCHOOL SAFETY, ENGAGEMENT IN SCHOOL, AND THE
QUALITY OF RELATIONSHIPS WITH TEACHERS, ADMINISTRATORS, AND OTHER STUDENTS.
(a) To implement the requirements of
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d), and to help
parents and members of the public compare the reported data, the commissioner
of education, in consultation with interested stakeholders, including parents
among other stakeholders, must convene a group of recognized and qualified
experts to:
(1) analyze the University of Minnesota
student safety and engagement survey instrument and other commonly recognized
survey instruments to select or devise the survey instrument that best meets
state accountability requirements;
(2) ensure that the identified survey
instrument has sound psychometric properties and is useful for intervention
planning;
(3) determine at what grade levels to
administer the survey instrument and ensure that the survey instrument can be
used at those grade levels; and
(4) determine through disaggregated use of
survey indicators or other means how to report "safety" in order to
comply with federal law.
(b) The commissioner must submit a written
report to the education committees of the house of representatives and senate
by February 15, 2009, presenting the experts' responses to paragraph (a),
clauses (1) to (4).
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies to school report cards beginning July 1, 2011.
Sec. 47. GROWTH-BASED VALUE-ADDED SYSTEM.
The growth-based value-added system used by
the commissioner of education to comply with Minnesota Statutes, section
120B.35, subdivision 3, paragraph (b), must be consistent with the growth-based
value-added model contained in the document labeled "Educational Report
Card Growth Model." The document must be deposited with the Office of the
Revisor of Statutes, the Legislative Reference Library, and the State Law
Library, where the document shall be maintained until the commissioner
implements the growth-based value-added system under Minnesota Statutes,
section 120B.35, subdivision 3, paragraph (b), and developed in partnership
with the Department of Education. The
recognized Minnesota assessment group composed of assessment and evaluation
directors and staff and researchers under Minnesota Statutes, section 120B.299,
subdivision 6, must determine whether the growth-based value-added model the
commissioner uses to comply with Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (b), is consistent with the deposited document and
report its determination to the education committees of the house of
representatives and senate by February 15, 2009.
EFFECTIVE
DATE. This section is effective the day following
final enactment.
Sec. 48. SCHOOL DISTRICT PLANS TO IMPROVE
STUDENTS' ACADEMIC ACHIEVEMENT.
Subdivision 1. District academic
achievement plan; priorities. (a)
A school district experiencing disparities in academic achievement is
encouraged to develop a short and long-term plan encompassing one through four
years to significantly improve students' academic achievement that uses
concrete measures to eliminate differences in academic performance among groups
of students defined by race, ethnicity, and income. The plan must:
(1) reflect a research-based understanding of
high-performing educational systems and best educational practices;
(2) include innovative and practical
strategies and programs, whether existing or new, that supplement district
initiatives to increase students' academic achievement under state and federal
educational accountability requirements; and
(3) contain valid and reliable measures of
student achievement that the district uses to demonstrate the efficacy of the
district plan to the commissioner of education.
(b) A district must address the elements
under section 49, paragraph (a), to the extent those elements are implicated in
the district's plan.
(c) A district must identify in its plan the
strategies and programs the district has implemented and found effective in
improving students' academic achievement.
(d) The district must include with the plan
the amount of expenditures necessary to implement the plan. The district must indicate how current
resources are used to implement the plan, including, but not limited to,
state-limited English proficiency aid under Minnesota Statutes, section
124D.65; integration revenue under Minnesota Statutes, section 124D.86; early
childhood family education revenue under Minnesota Statutes, section 124D.135;
school readiness aid under Minnesota Statutes, section 124D.16; basic skills
revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time
revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative
compensation revenue under Minnesota Statutes, section 122A.415.
Subd. 2. Plan. (a) A school district by October 1, 2008, must submit its plan
in electronic format to the commissioner of education, consistent with
subdivision 1.
(b) The commissioner of education must
analyze the commonalities and differences of the district plans and the
effective strategies and programs districts have implemented to improve
students' academic achievement, and submit the analysis and underlying data to
the advisory task force on improving students' academic achievement under
section 49 by November 1, 2008, and also report the substance of the analyses
to the education policy and finance committees of the legislature by January 1,
2009.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 49. ADVISORY TASK FORCE ON IMPROVING
STUDENTS' ACADEMIC ACHIEVEMENT.
(a) An advisory task force on improving
students' academic achievement is established to review the plans submitted to
the commissioner of education under section 48 and recommend to the education
committees of the legislature a proposal for improving students' academic
achievement and eliminating differences in academic performance among groups of
students defined by race, ethnicity, and income. The task force members must at least consider how the following
education-related issues impact the educational achievement of low-income
students and students of color:
(1) rigorous preparation and coursework and
how to (i) effectively invest in early childhood and parent education, (ii)
increase academic rigor and high expectations on elementary and secondary
students in schools serving a majority of low-income students and students of
color, and (iii) provide parents, educators, and community members with
meaningful opportunities to collaborate in educating students in schools
serving a majority of low-income students and students of color;
(2) professional development for educators
and how to (i) provide stronger financial and professional incentives to
attract and retain experienced, bilingual, and culturally competent teachers
and administrators in schools serving a majority of low-income students and
students of color, (ii) recruit and retain teachers of color, and (iii) develop
and include cultural sensitivity and interpersonal and pedagogical skills
training that teachers need for effective intercultural teaching;
(3) English language learners and how to (i)
use well-designed tests, curricula, and English as a second language programs
and services as diagnostic tools to develop effective student interventions,
(ii) monitor students' language capabilities, (iii) provide academic
instruction in English that supports students' learning and is appropriate for
students' level of language proficiency, and (iv) incorporate the perspectives
and contributions of ethnic and racial groups, consistent with Minnesota
Statutes, section 120B.022, subdivision 1, paragraph (b);
(4) special education and how to (i)
incorporate linguistic and cultural sensitivity into special education
diagnosis and referral, (ii) increase the frequency and quality of prereferral
interventions, and (iii) decrease the number of minority and nonnative English
speaking students inappropriately placed in special education;
(5) GRAD tests and how to (i) incorporate
linguistic and cultural sensitivity into the reading and math GRAD tests, and
(ii) develop interventions to meet students' learning needs; and
(6) valid and reliable data and how to use
data on student on-time graduation rates, student dropout rates, documented
disciplinary actions, and completed and rigorous course work indicators to
determine how well-prepared low-income students and students of color are for
postsecondary academic and career opportunities.
The task force also must examine the findings
of a 2008 report by Minnesota superintendents on strategies for creating a
world-class educational system to establish priorities for improving students'
academic achievement. The task force
may consider other related matters at its discretion.
(b) The commissioner of education must
convene the first meeting of the advisory task force on improving students'
academic achievement by July 1, 2008.
The task force members must adopt internal procedures and standards for
subsequent meetings. The task force is
composed of the following members:
(1) a representative from a Twin Cities
metropolitan area school district, a suburban school district, a school
district located in a regional center, and a rural school district, all four
representatives appointed by the state demographer based on identified
concentrations of low-performing, low-income students and students of color;
(2) a faculty member of a teacher preparation
program at the University of Minnesota's College of Education and Human
Development, appointed by the college dean or the dean's designee;
(3) a faculty member from the urban teachers
program at Metropolitan State University appointed by the university president
or the president's designee;
(4) a faculty member from a Minnesota State
Colleges and Universities teacher preparation program located outside the Twin
Cities metropolitan area, appointed by the chancellor or the chancellor's
designee;
(5) a classroom teacher appointed by
Education Minnesota;
(6) an expert in early childhood care and
education appointed by a state early childhood organization;
(7) a member from each state council
representing a community of color, appointed by the respective council;
(8) a curriculum specialist with expertise in
providing language instruction for nonnative English speakers, appointed by a
state curriculum organization;
(9) a special education teacher, appointed by
a state organization of special education educators;
(10) a parent of color, appointed by a state
parent-teacher organization;
(11) a district testing director appointed by
a recognized Minnesota assessment group composed of assessment and evaluation
directors and staff and researchers; and
(12) a Department of Education staff person
with expertise in school desegregation matters appointed by the commissioner of
education or the commissioner's designee.
A majority of task force members, at their
discretion, may invite other representatives of interested public or nonpublic
organizations, Minnesota's communities of color, and stakeholders in local and
state educational equity to become task force members. A majority of task force members must be
persons of color.
(c) 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. By February 15, 2009, the task force must
submit a written proposal to the education policy and finance committees of the
legislature on how to significantly improve students' academic achievement.
(d) The advisory task force expires on
February 16, 2009.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 50. ADVISORY TASK FORCE; INTEGRATING
SECONDARY AND POSTSECONDARY ACADEMIC AND CAREER EDUCATION.
(a) An advisory task force on improving
teacher quality and identifying institutional structures and strategies for effectively
integrating secondary and postsecondary academic and career education is
established to consider and recommend to the education policy and finance
committees of the legislature proposals on how to:
(1) foster classroom teachers' interest and
ability to acquire a master's degree in the teachers' substantive fields of
licensure; and
(2) meet all elementary and secondary
students' needs for adequate education planning and preparation and improve all
students' ability to acquire the knowledge and skills needed for postsecondary
academic and career education.
(b) The commissioner of education, or the
commissioner's designee, shall appoint an advisory task force that is composed
of a representative from each of the following entities: Education Minnesota, the University of
Minnesota, the Department of Education, the Board of Teaching, the Minnesota
Private College Council, the Office of Higher Education, the Minnesota Career
College Association, the Minnesota PTA, the Minnesota Chamber of Commerce, the
Minnesota Business Partnership, the Department of Employment and Economic
Development, the Minnesota Association of Career and Technical Administrators,
the Minnesota Association of Career and Technical Educators, the Minnesota
State Colleges and Universities, and other representatives of other entities
recommended by task force members. Task
force members' terms and other task force matters are subject to Minnesota
Statutes, section 15.059. The
commissioner of education may reimburse task force members from the Department
of Education's current operating budget but may not compensate task force
members for task force activities. By
February 15, 2009, the task force must submit
written recommendations to the education policy and finance committees of the
legislature on improving teacher quality and identifying the institutional
structures and strategies for effectively integrating secondary and
postsecondary academic and career education, consistent with this section.
(c) Upon request, the commissioner of
education must provide the task force with technical, fiscal, and other support
services.
(d) The advisory task force expires February
16, 2009.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 51. COMPUTER ADAPTIVE ASSESSMENTS.
The Department of Education, by December 1,
2008, must report to the education committees of the legislature on its efforts
to add a computer adaptive assessment that includes formative analytics to the
Minnesota's comprehensive assessment administered under Minnesota Statutes,
section 120B.30.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 52. DEPARTMENT OF EDUCATION REPORT.
The Department of Education must submit a
report to the education committees of the legislature by January 15, 2009,
analyzing existing stand-alone school district reporting requirements and
recommend the elimination of any district reports that are duplicative of other
data already collected by the department.
Sec. 53. REVIVAL AND REENACTMENT.
Minnesota Statutes, section 124D.10,
subdivision 2a, is revived and reenacted effective retroactively and without
interruption from June 30, 2007.
Sec. 54. REVISOR'S INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall renumber section 122A.60, subdivision 1a, as section 122A.60,
subdivision 3a, and make necessary cross-reference changes consistent with the
renumbering.
ARTICLE 3
SPECIAL PROGRAMS
Section 1.
Minnesota Statutes 2006, section 124D.60, subdivision 1, is amended to
read:
Subdivision 1.
Notice. Within ten 30 days after the
enrollment of any pupil in an instructional program for limited English
proficient students, the district in which the pupil resides must notify the
parent by mail. This notice must:
(1) be in writing in English and in the primary
language of the pupil's parents;
(2) inform the parents that their child has been
enrolled in an instructional program for limited English proficient students;
(3) contain a simple, nontechnical description of
the purposes, method and content of the program;
(4) inform the parents that they have the right to
visit the educational program for limited English proficient students in which
their child is enrolled;
(5) inform the parents of the time and manner in
which to request and receive a conference for the purpose of explaining the
nature and purpose of the program; and
(6) inform the parents of their rights to withdraw
their child from an educational program for limited English proficient students
and the time and manner in which to do so.
The department shall, at the request of the
district, prepare the notice in the primary language of the parent.
Sec. 2.
Minnesota Statutes 2007 Supplement, section 125A.14, is amended to read:
125A.14
EXTENDED SCHOOL YEAR.
A district may provide extended school year services
for children with a disability living within the district and nonresident
children temporarily placed in the district pursuant to section 125A.15 or
125A.16. Prior to March 31 or 30
days after the child with a disability is placed in the district, whichever is
later, the providing district shall give notice to the district of residence of
any nonresident children temporarily placed in the district pursuant to section
125A.15 or 125A.16, of its intention to provide these programs. Notwithstanding any contrary provisions in
sections 125A.15 and 125A.16, the district providing the special
instruction and services must apply for special education aid for the extended
school year services. The unreimbursed
actual cost of providing the program for nonresident children with a
disability, including the cost of board and lodging, may be billed to the
district of the child's residence and must be paid by the resident district. Transportation costs must be paid by the
district responsible for providing transportation pursuant to section 125A.15 or
125A.16 and transportation aid must be paid to that district.
Sec. 3.
Minnesota Statutes 2006, section 125A.15, is amended to read:
125A.15
PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
The responsibility for special instruction and
services for a child with a disability temporarily placed in another district
for care and treatment shall be determined in the following manner:
(a) The district of residence of a child shall be
the district in which the child's parent resides, if living, or the child's
guardian, or the district designated by the commissioner if neither parent nor
guardian is living within the state.
(b) If a district other than the resident
district places a pupil for care and treatment, the district placing the pupil
must notify and give the resident district an opportunity to participate in the
placement decision. When an immediate
emergency placement of a pupil is necessary and time constraints foreclose a
resident district from participating in the emergency placement decision, the
district in which the pupil is temporarily placed must notify the resident
district of the emergency placement within 15 days. The resident district has up to five business days after
receiving notice of the emergency placement to request an opportunity to
participate in the placement decision, which the placing district must then
provide.
(c) When a child is temporarily placed for care and
treatment in a day program located in another district and the child continues
to live within the district of residence during the care and treatment, the
district of residence is responsible for providing transportation to and from
the care and treatment facility program and an appropriate
educational program for the child. The
resident district may establish reasonable restrictions on transportation,
except if a Minnesota court or agency orders the child placed at a day care and
treatment program and the resident
district receives a copy of the order, then
the resident district must provide transportation to and from the program
unless the court or agency orders otherwise.
Transportation
shall only be provided by the resident district during regular operating
hours of the resident district.
The resident district may provide the educational program at a
school within the district of residence, at the child's residence, or in the
district in which the day treatment center is located by paying tuition to that
district.
(c) (d) When a child is temporarily placed in a residential
program for care and treatment, the nonresident district in which the child is
placed is responsible for providing an appropriate educational program for the
child and necessary transportation while the child is attending the educational
program; and must bill the district of the child's residence for the actual
cost of providing the program, as outlined in section 125A.11, except as
provided in paragraph (d) (e).
However, the board, lodging, and treatment costs incurred in behalf of a
child with a disability placed outside of the school district of residence by
the commissioner of human services or the commissioner of corrections or their
agents, for reasons other than providing for the child's special educational
needs must not become the responsibility of either the district providing the
instruction or the district of the child's residence. For the purposes of this section, the state correctional facilities
operated on a fee-for-service basis are considered to be residential programs
for care and treatment.
(d) (e) A privately owned and operated residential facility
may enter into a contract to obtain appropriate educational programs for
special education children and services with a joint powers entity. The entity with which the private facility
contracts for special education services shall be the district responsible for
providing students placed in that facility an appropriate educational program
in place of the district in which the facility is located. If a privately owned and operated
residential facility does not enter into a contract under this paragraph, then
paragraph (c) (d) applies.
(e) (f) The district of residence shall pay tuition and
other program costs, not including transportation costs, to the district
providing the instruction and services.
The district of residence may claim general education aid for the child
as provided by law. Transportation
costs must be paid by the district responsible for providing the transportation
and the state must pay transportation aid to that district.
EFFECTIVE
DATE. This section is effective the day after
final enactment.
Sec. 4.
Minnesota Statutes 2006, section 125A.51, is amended to read:
125A.51
PLACEMENT OF CHILDREN WITHOUT DISABILITIES; EDUCATION AND TRANSPORTATION.
The responsibility for providing instruction and
transportation for a pupil without a disability who has a short-term or
temporary physical or emotional illness or disability, as determined by the
standards of the commissioner, and who is temporarily placed for care and
treatment for that illness or disability, must be determined as provided in
this section.
(a) The school district of residence of the pupil is
the district in which the pupil's parent or guardian resides.
(b) When parental rights have been terminated by
court order, the legal residence of a child placed in a residential or foster
facility for care and treatment is the district in which the child resides.
(c) Before the placement of a pupil for care and
treatment, the district of residence must be notified and provided an
opportunity to participate in the placement decision. When an immediate emergency placement is necessary and time does
not permit resident district participation in the placement decision, the
district in which the pupil is temporarily placed, if different from the
district of residence, must notify the district of residence of the emergency
placement within 15 days of the placement.
When a nonresident district makes an emergency placement without
first consulting with the resident district,
the resident district has up to five business days after receiving notice of
the emergency placement to request an opportunity to participate in the
placement decision, which the placing district must then provide.
(d) When a pupil without a disability is temporarily
placed for care and treatment in a day program and the pupil continues to live
within the district of residence during the care and treatment, the district of
residence must provide instruction and necessary transportation to and from the
care and treatment facility program for the pupil. The resident district may establish
reasonable restrictions on transportation, except if a Minnesota court or
agency orders the child placed at a day care and treatment program and the
resident district receives a copy of the order, then the resident district must
provide transportation to and from the program unless the court or agency
orders otherwise. Transportation
shall only be provided by the resident district during regular operating
hours of the resident district.
The resident district may provide the instruction at a school
within the district of residence, at the pupil's residence, or in the case of a
placement outside of the resident district, in the district in which the day
treatment program is located by paying tuition to that district. The district of placement may contract with
a facility to provide instruction by teachers licensed by the state Board of
Teaching.
(e) When a pupil without a disability is temporarily
placed in a residential program for care and treatment, the district in which
the pupil is placed must provide instruction for the pupil and necessary
transportation while the pupil is receiving instruction, and in the case of a
placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction
for the regular school year and for summer school, excluding transportation
costs.
(f) Notwithstanding paragraph (e), if the pupil is
homeless and placed in a public or private homeless shelter, then the district
that enrolls the pupil under section 127A.47, subdivision 2, shall provide the
transportation, unless the district that enrolls the pupil and the district in
which the pupil is temporarily placed agree that the district in which the
pupil is temporarily placed shall provide transportation. When a pupil without a disability is
temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written
notice of the placement to the district of residence. The district of placement may contract with a residential
facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section,
the state correctional facilities operated on a fee-for-service basis are
considered to be residential programs for care and treatment.
(g) The district of residence must include the pupil
in its residence count of pupil units and pay tuition as provided in section
123A.488 to the district providing the instruction. Transportation costs must be paid by the district providing the
transportation and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the
disabled transportation category if the pupils cannot be transported on a
regular school bus route without special accommodations.
EFFECTIVE
DATE. This section is effective the day after
final enactment.
Sec. 5.
Minnesota Statutes 2006, section 125A.744, subdivision 3, is amended to
read:
Subd. 3. Implementation. Consistent with section 256B.0625,
subdivision 26, school districts may enroll as medical assistance providers or
subcontractors and bill the Department of Human Services under the medical
assistance fee for service claims processing system for special education
services which are covered services under chapter 256B, which are provided in
the school setting for a medical assistance recipient, and for whom the
district has secured informed consent consistent with section 13.05,
subdivision 4, paragraph (d), and section 256B.77, subdivision 2, paragraph
(p), to bill for each type of covered service.
School districts shall be reimbursed by the commissioner of human
services for the federal share of individual education plan health-related
services that
qualify for reimbursement by medical assistance,
minus up to five percent retained by the commissioner of human services for
administrative costs, not to exceed $350,000 per fiscal year. The commissioner may withhold up to five
percent of each payment to a school district.
Following the end of each fiscal year, the commissioner shall settle up
with each school district in order to ensure that collections from each
district for departmental administrative costs are made on a pro rata basis
according to federal earnings for these services in each district. A school district is not eligible to enroll
as a home care provider or a personal care provider organization for purposes
of billing home care services under sections 256B.0651 and 256B.0653 to
256B.0656 until the commissioner of human services issues a bulletin
instructing county public health nurses on how to assess for the needs of
eligible recipients during school hours.
To use private duty nursing services or personal care services at
school, the recipient or responsible party must provide written authorization
in the care plan identifying the chosen provider and the daily amount of
services to be used at school.
Sec. 6. Laws
2007, chapter 146, article 3, section 23, subdivision 2, is amended to read:
Subd. 2. Report. (a) The task force must submit to the education policy and
finance committees of the legislature by February 15, 2008 2009,
a report that identifies and clearly and concisely explains each provision in
state law or rule that exceeds or expands upon a minimum federal
requirement contained in law or regulation for providing special education
programs and services to eligible students.
The report also must recommend which state provisions statutes
and rules that exceed or expand upon a minimum federal requirement
may be amended to conform with minimum federal requirements or made more
effective as determined by a majority of the task force members. The task force must recommend rules
governing the use of aversive and deprivation procedures by school district
employees or persons under contract with a school district. The task force expires when it submits
its report to the legislature.
(b) Consistent with subdivision 1, the
Department of Education member of the task force representing regulators shall
be replaced with a parent advocate selected by a statewide organization that
advocates on behalf of families with children with disabilities.
(c) The Department of Education must provide
technical assistance at the request of the task force.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 7. EXPEDITED PROCESS, SPECIFIC LEARNING
DISABILITY RULE.
The commissioner of education may use the
expedited process under Minnesota Statutes, section 14.389, to conform
Minnesota Rule, part 3525.1341, to new federal requirements on specific
learning disabilities under Public Law 108-446, Sections 602(30) and 614(b)(6),
the Individuals with Disabilities Education Improvement Act of 2004, and its
implementing regulations.
EFFECTIVE
DATE. This section is effective the day after
final enactment.
Sec. 8. REPEALER.
Minnesota Statutes 2006, sections 121A.67;
125A.16; 125A.19; 125A.20; and 125A.57, and Laws 2006, chapter 263, article 3,
section 16, are repealed.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
ARTICLE 4
LIBRARIES
Section 1.
Minnesota Statutes 2007 Supplement, section 134.31, subdivision 4a, is
amended to read:
Subd. 4a. Services to the blind and physically
handicapped. The Minnesota
Department of Education shall provide specialized services to the blind and
physically handicapped through the Minnesota Braille and Talking Book
Library for the Blind and Physically Handicapped under a cooperative
plan with the National Library Services for the Blind and Physically
Handicapped of the Library of Congress.
Sec. 2.
Minnesota Statutes 2006, section 134.31, subdivision 6, is amended to
read:
Subd. 6. Advisory committee. The commissioner shall appoint an advisory
committee of five members to advise the staff of the Minnesota Braille and
Talking Book Library for the Blind and Physically Handicapped on
long-range plans and library services.
Members shall be people who use the library. Section 15.059 governs this committee except that the committee
shall not expire.
Sec. 3.
Minnesota Statutes 2006, section 134.31, is amended by adding a
subdivision to read:
Subd. 7. Telephone or electronic meetings. (a) Notwithstanding section 13D.01, the
Advisory Committee for the Minnesota Braille and Talking Book Library may
conduct a meeting of its members by telephone or other electronic means so long
as the following conditions are met:
(1) all members of the committee
participating in the meeting, wherever their physical locations, can hear one
another and can hear all discussion and testimony;
(2) members of the public present at the
regular meeting location of the committee can hear all discussion, testimony,
and votes of the members of the committee;
(3) at least one member of the committee is
physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so
each member's votes on each issue can be identified and recorded.
(b) Each member of the committee
participating in a meeting by telephone or other electronic means is considered
present at the meeting for purposes of determining quorum and participating in
all proceedings.
(c) If telephone or other electronic means is
used to conduct a meeting, to the extent practical, the committee shall allow a
person to monitor the meeting electronically from a remote location. The committee may require the person making
the connection to pay for the documented marginal costs that the committee
incurs as a result of the additional connection.
(d) If telephone or other electronic means is
used to conduct a regular, special, or emergency meeting, the committee shall
provide notice of the regular meeting location, the fact that some members may
participate by telephone or other electronic means, and the provisions of
paragraph (c). The timing and method of
providing notice is governed by section 13D.04.
ARTICLE 5
STATE AGENCIES
Section 1.
Minnesota Statutes 2006, 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 2008 and
later, the special education aid paid to the academies shall be increased by
the academy's unreimbursed cost of providing an one to one instructional
aide and behavioral management aides assigned to a child, after
deducting the special education aid under section 125A.76 attributable to the
child, if that aide is the aides are 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 2008 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.
(e) For fiscal year 2008, the academies may
retain receipts received through mutual agreements with school districts for
one to one behavior management aides.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 2.
Minnesota Statutes 2006, section 125A.65, is amended by adding a
subdivision to read:
Subd. 11. Third-party reimbursement. The Minnesota State Academies must seek
reimbursement under section 125A.21 from third parties for the cost of services
provided by the Minnesota State Academies whenever the services provided are
otherwise covered by a child's public or private health plan.
EFFECTIVE
DATE. This section is effective the day
following final enactment for revenue in fiscal year 2008.
ARTICLE 6
SELF-SUFFICIENCY AND LIFELONG LEARNING
Section 1.
Minnesota Statutes 2006, section 120A.22, subdivision 5, is amended to
read:
Subd. 5. Ages and terms. (a) Every child between seven and 16 years
of age must receive instruction. Every
child under the age of seven who is enrolled in a half-day kindergarten, or a
full-day kindergarten program on alternate days, or other kindergarten programs
shall receive instruction. Except as
provided in subdivision 6, a parent may withdraw a child under the age of seven
from enrollment at any time.
(b) A school district by annual board action may
require children subject to this subdivision to receive instruction in summer
school. A district that acts to require
children to receive instruction in summer school shall establish at the time of
its action the criteria for determining which children must receive
instruction.
EFFECTIVE
DATE. This section is effective for the
2008-2009 school year and later.
Sec. 2.
Minnesota Statutes 2006, section 120A.22, subdivision 6, is amended to
read:
Subd. 6. Children under seven. (a) Once a pupil under the age of seven is
enrolled in kindergarten first grade or a higher grade in a
public school, the pupil is subject to the compulsory attendance provisions of
this chapter and section 120A.34, unless the board of the district in which the
pupil is enrolled has a policy that exempts children under seven from this
subdivision or paragraph (b) applies.
(b) In a district in which children under
seven are subject to compulsory attendance under this subdivision, paragraphs
(c) to (e) apply.
(c) A parent or guardian may withdraw the
pupil from enrollment in the school for good cause by notifying the
district. Good cause includes, but is
not limited to, enrollment of the pupil in another school, as defined in
subdivision 4, or the immaturity of the child.
(d) When the pupil enrolls, the enrolling
official must provide the parent or guardian who enrolls the pupil with a
written explanation of the provisions of this subdivision.
(e) A pupil under the age of seven who is
withdrawn from enrollment in the public school under paragraph (c) is no longer
subject to the compulsory attendance provisions of this chapter.
(f) (b) This subdivision does not apply to:
(1) a kindergartner under age seven whose
parent withdraws the child after notifying the district;
(2) a child under age seven enrolled in first
grade whose parent withdraws the child after notifying the district and enrolls
the child in another school under subdivision 4; and
(3) a child under age seven enrolled in
kindergarten or first grade in a charter school whose parent withdraws the
child after notifying the charter school.
(c) In a district that had adopted a policy to exempt
children under seven from this subdivision, the district's chief attendance
officer must keep the truancy enforcement authorities supplied with a copy of
the board's current policy certified by the clerk of the board.
EFFECTIVE
DATE. This section is effective for the
2008-2009 school year and later.
Sec. 3.
Minnesota Statutes 2007 Supplement, section 124D.13, subdivision 11, is
amended to read:
Subd. 11. Teachers. A school board must employ necessary qualified licensed
teachers licensed in early childhood or parent education for its early
childhood family education programs. The
Board of Teaching, at its discretion, may grant an applicant a variance under
this subdivision, consistent with sections 122A.09, subdivision 10, and
122A.25, and Board of Teaching rules.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 4.
Minnesota Statutes 2006, section 124D.19, subdivision 14, is amended to
read:
Subd. 14. Community education; annual report. Each district offering a community education
program under this section must annually complete a program report to
the department information regarding the cost per participant and cost per
contact hour for each community education program, including youth after-school
enrichment programs, that receives aid or levy. The department must include cost per participant and cost per
contact hour information by program in the community education annual report.
EFFECTIVE
DATE. This section is effective for the
2008-2009 school year and later.
Sec. 5.
Minnesota Statutes 2006, section 124D.522, is amended to read:
124D.522 ADULT
BASIC EDUCATION SUPPLEMENTAL SERVICE GRANTS.
(a) The commissioner, in consultation with the
policy review task force under section 124D.521, may make grants to nonprofit
organizations to provide services that are not offered by a district adult
basic education program or that are supplemental to either the statewide adult
basic education program, or a district's adult basic education program. The commissioner may make grants for: staff development for adult basic education
teachers and administrators; training for volunteer tutors; training, services,
and materials for serving disabled students through adult basic education
programs; statewide promotion of adult basic education services and programs;
development and dissemination of instructional and administrative technology
for adult basic education programs; programs which primarily serve communities
of color; adult basic education distance learning projects, including
television instruction programs; and other supplemental services to support the
mission of adult basic education and innovative delivery of adult basic education
services.
(b) The commissioner must establish eligibility
criteria and grant application procedures.
Grants under this section must support services throughout the state,
focus on educational results for adult learners, and promote outcome-based
achievement through adult basic education programs. Beginning in fiscal year 2002, the commissioner may make grants
under this section from the state total adult basic education aid set aside for
supplemental service grants under section 124D.531. Up to one-fourth of the appropriation for supplemental service
grants must be used for grants for adult basic education programs to encourage
and support innovations in adult basic education instruction and service
delivery. A grant to a single
organization cannot exceed $100,000 25 percent of the total
supplemental services aid. Nothing
in this section prevents an approved adult basic education program from using
state or federal aid to purchase supplemental services.
Sec. 6.
Minnesota Statutes 2007 Supplement, section 124D.531, subdivision 1, is
amended to read:
Subdivision 1.
State total adult basic education
aid. (a) The state total adult
basic education aid for fiscal year 2005 is $36,509,000. The state total adult basic education aid
for fiscal year 2006 equals $36,587,000 plus any amount that is not paid for
during the previous fiscal year, as a result of adjustments under subdivision
4, paragraph (a), or section 124D.52, subdivision 3. The state total adult basic education aid for fiscal year 2007
equals $37,673,000 plus any amount that is not paid for during the previous
fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or
section 124D.52, subdivision 3. The
state total adult basic education aid for fiscal year 2008 equals $40,650,000,
plus any amount that is not paid during the previous fiscal year as a result of
adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision
3. The state total adult basic
education aid for later fiscal years equals:
(1) the state total adult basic education aid for
the preceding fiscal year plus any amount that is not paid for during the
previous fiscal year, as a result of adjustments under subdivision 4, paragraph
(a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) 1.03; or
(ii) the greater of 1.00 or the ratio of the
state total contact hours in the first prior program year to the state total
contact hours in the second prior program year the average growth in
state total contact hours over the prior ten program years.
Beginning in fiscal year 2002, two percent of the
state total adult basic education aid must be set aside for adult basic
education supplemental service grants under section 124D.522.
(b) The state total adult basic education aid,
excluding basic population aid, equals the difference between the amount
computed in paragraph (a), and the state total basic population aid under
subdivision 2.
Sec. 7.
Minnesota Statutes 2006, section 124D.55, is amended to read:
124D.55
GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES.
The commissioner shall pay 60 percent of the fee
that is charged to an eligible individual for the full battery of a general
education development (GED) test, but not more than $20 $40 for
an eligible individual."
Delete the title and insert:
"A bill for an act relating to education;
providing for prekindergarten through grade 12 education, including general
education, education excellence, special programs, libraries, state agencies,
and self-sufficiency and lifelong learning; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2006, sections 120A.22,
subdivisions 5, 6; 120A.24, subdivisions 1, 2; 120B.02; 120B.023, subdivision
2; 120B.131, subdivision 2; 120B.31, as amended; 120B.35, as amended; 120B.36,
as amended; 120B.362; 121A.55; 122A.07, subdivisions 2, 3; 122A.09, subdivision
4; 122A.14, by adding subdivisions; 122A.18, by adding a subdivision; 122A.60;
122A.61, subdivision 1; 122A.75, subdivision 1; 123B.03, subdivisions 1, 2, by
adding a subdivision; 123B.14, subdivision 7; 123B.51, by adding a subdivision;
123B.77, subdivision 3; 123B.81, subdivisions 3, 5; 123B.83, subdivision 3;
124D.10, subdivisions 2a, 4a, 6, 6a, 7, 8, 23; 124D.19, subdivision 14;
124D.522; 124D.55; 124D.60, subdivision 1; 124D.86, subdivision 1; 125A.15;
125A.51; 125A.65, subdivision 4, by adding a subdivision; 125A.744, subdivision
3; 126C.40, subdivision 6; 134.31, subdivision 6, by adding a subdivision;
471.88, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections
120B.021, subdivision 1; 120B.15; 120B.30; 123B.143, subdivision 1; 123B.81,
subdivision 4; 124D.095, subdivision 4; 124D.10, subdivisions 4, 23a; 124D.13,
subdivision 11; 124D.531, subdivision 1; 125A.14; 126C.10, subdivision 34;
127A.49, subdivisions 2, 3; 134.31, subdivision 4a; Laws 2007, chapter 146,
article 2, section 46, subdivision 13; article 3, section 23, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 120B; 124D; 125B;
repealing Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 125A.20;
125A.57; Laws 2006, chapter 263, article 3, section 16."
With the recommendation that when so amended the
bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3323, A bill for an act relating to local government; authorizing the
Minneapolis Park and Recreation Board and the city of Minneapolis to adopt
standards for dedication of land to the public or a payment of a dedication fee
on certain new commercial and industrial development; amending Laws 2006,
chapter 269, section 2.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Taxes.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3328, A bill for an act relating to natural resources; creating a Minnesota
forests for the future program; proposing coding for new law in Minnesota
Statutes, chapter 84.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3357, A bill for an act relating to municipal boundary adjustments;
providing for changes in municipal boundaries; imposing powers and duties on
the chief administrative law judge; amending Minnesota Statutes 2006, sections
4A.02; 40A.121, subdivision 1; 272.67, subdivision 1; 276A.09; 365.46,
subdivision 2; 379.05; 412.021, subdivision 1; 412.091; 414.01, subdivisions 1,
1a, 8a, 16; 414.011, by adding a subdivision; 414.02, subdivision 1a; 414.031,
subdivisions 1a, 4, by adding a subdivision; 414.0325, subdivisions 1, 5;
414.0333; 414.035; 414.067, subdivision 1; 414.12, subdivisions 1, 3, 4, by
adding subdivisions; 462.3535, subdivision 5; 473F.13, subdivision 1; 473H.14;
572A.01, subdivision 2; 572A.015, subdivision 2; 572A.02, subdivision 6;
Minnesota Statutes 2007 Supplement, section 414.0325, subdivision 1b; Laws
2006, chapter 270, article 2, section 1, as amended; repealing Minnesota
Statutes 2006, sections 414.01, subdivision 7a; 414.011, subdivision 11;
414.12, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3365, A bill for an act relating to public employment; repealing final
offer total package arbitration procedures for professional firefighters;
repealing Minnesota Statutes 2006, section 179A.16, subdivision 7a.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3366, A bill for an act relating to environment; modifying Petrofund
program; amending Minnesota Statutes 2006, sections 115C.04, subdivision 3;
115C.09, subdivision 3h, by adding a subdivision; repealing Minnesota Statutes
2006, section 115C.09, subdivision 3j.
Reported
the same back with the following amendments:
Page
2, line 30, delete "$400" and insert "$250"
and after the second period, insert "The maximum expenditure from the
fund may not exceed $1,500,000."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3371, A bill for an act relating to adoption; allowing adopted persons
access to birth records; amending Minnesota Statutes 2006, sections 13.465,
subdivision 8; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252;
259.89, subdivision 1; 260C.317, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2006, sections
259.83, subdivision 3; 259.89, subdivisions 2, 3, 4, 5.
Reported
the same back with the following amendments:
Page
3, delete section 5 and insert:
"Sec.
5. [144.2253]
ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED PERSON; DEPARTMENT DUTIES.
Subdivision
1. Disclosure. The state registrar shall provide a
noncertified copy of the original birth record upon request to an adopted
person age 19 or older if there is no affidavit of nondisclosure on file. Affidavits of disclosure and affidavits of
nondisclosure must be honored by the state registrar.
Subd.
2. Affidavit
of nondisclosure. The
department shall make the affidavit of disclosure and affidavit of
nondisclosure forms readily accessible for birth parents on the department's
Web site.
Subd.
3. Recission
of affidavit. A birth parent
may rescind an affidavit of disclosure or an affidavit of nondisclosure at any
time.
Subd.
4. Affidavit
of nondisclosure; access to birth record. (a) An adopted person age 19 or older may petition the
appropriate court for disclosure of the original birth record pursuant to
section 259.61, and the court shall grant the petition, if, after consideration
of the interests of all known persons involved, the court determines that
disclosure of the information would be of greater benefit than nondisclosure.
(b)
An adopted person age 19 or older may request the state registrar search the
state death records to determine if the birth parent is deceased. The state registrar may impose a fee for the
record search. If the birth parent is
deceased, a noncertified copy of the original birth record must be released
only to the adopted person making the request.
Subd.
5. Outreach;
counseling. (a) The
department shall, in consultation with adoption agencies and adoption
advocates, develop and conduct an outreach and educational campaign to provide
information to adopted persons and birth parents about the changes in the law
affecting accessibility to birth records.
For purposes of this subdivision, an adoption advocate is a nonprofit
organization that works with adoption issues in Minnesota.
(b)
The department shall provide a fact sheet about counseling or support services
that are available for adopted persons and birth parents.
Subd.
6. Fees. (a) The department shall charge a fee of
$18 for noncertified copies of birth records provided to adopted persons age 19
or older; the fee shall cover the costs of providing the birth record and any
costs associated with distribution of the fact sheet in subdivision 5.
(b)
Adoption agencies may charge a fee for counseling and support services provided
to adopted persons and birth parents."
Page
4, after line 13, insert:
"Sec.
9. EFFECTIVE
DATE.
This
act is effective July 1, 2009."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3400, A bill for an act relating to human services; providing long-term
care rate adjustments; providing funding for long-term care employee health
insurance costs; modifying MinnesotaCare eligibility for long-term care
employees; requiring development of a new nursing facility rate rebasing
methodology; requiring a study of direct care staffing; amending Minnesota
Statutes 2006, sections 256B.434, by adding a subdivision; 256B.441, by adding
a subdivision; 256B.5012, by adding a subdivision; 256L.07, subdivision 2; Minnesota
Statutes 2007 Supplement, sections 256B.434, subdivision 19; 256B.441,
subdivisions 1, 50, 51a; 256B.5012, subdivision 7; Laws 2007, chapter 147,
article 7, section 71; repealing Minnesota Statutes 2007 Supplement, section
256B.441, subdivisions 55, 56.
Reported
the same back with the following amendments:
Page
15, delete section 11 and insert:
"Sec.
11. REBASING.
It
is the intent of the legislature to establish in law a revised rebasing
methodology for nursing facility rates during the 2009 legislative
session. Prior to enactment of a
revised rebasing methodology, the chairs of the house and senate committees
with jurisdiction over health care policy and financing shall hold committee
hearings to allow representatives of nursing facility and other long-term care
service providers, consumers, and employees, representatives of the
commissioners of human services and health, and other interested parties, to
present recommendations for rebasing methods and objectives, including
recommendations on whether the rebasing of nursing facility rates should be
accompanied by the rebasing of rates for home and community-based long-term
care providers."
Page
16, after line 33, insert:
"Sec.
14. USE OF REBASING APPROPRIATION.
The
commissioner of human services shall use money appropriated for fiscal year
2009 for the phase-in of rebased operating payment rates under Minnesota
Statutes, section 256B.441, subdivision 55, that is not spent due to the delay
in implementing rebasing, to provide rate adjustments to long-term care
providers as provided in this act."
Page
17, line 1, delete "14" and insert "15"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3417, A bill for an act relating to business organizations; waiver of
reinstatement fee after certain dissolution of an entity when a principal of
the entity is a returning combat veteran; proposing coding for new law in
Minnesota Statutes, chapter 5.
Reported
the same back with the following amendments:
Page
1, delete section 1 and insert:
"Section
1. [5.33]
RETURNING COMBAT VETERANS.
If
any Minnesota business or nonprofit corporation, limited liability company,
cooperative, limited partnership, or limited liability partnership has been
administratively or statutorily dissolved, revoked, or terminated for failure
to file an annual or periodic report with the Office of the Secretary of State
during a calendar year when an individual with substantial responsibility for
the operation of the dissolved, revoked, or terminated business or nonprofit
corporation, limited liability company, cooperative, limited partnership, or
limited liability partnership was serving in active military service in the
armed forces of the United States, including the reserves or National Guard, as
defined in section 190.05, subdivision 5b or 5c, or was engaged in employment
outside of the United States essential to the prosecution of a war or to the
national defense, as designated by the United States Congress or the United
States Department of Defense, the secretary of state shall waive any
reinstatement fee otherwise required by law."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3427, A bill for an act relating to veterans; establishing a loan program;
adding certain veterans to those eligible for a program; changing an
unemployment compensation provision; appropriating money; amending Minnesota
Statutes 2007 Supplement, sections 116L.17, subdivision 1; 268.047, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported
the same back with the following amendments:
Page
2, line 12, delete ", including principal and interest,"
Page
3, line 9, delete "was deployed or discharged after"
Page
3, line 10, delete "September 11, 2001,"
Page 3, line 11, after "conditions"
insert "within the last 36 months" and after "and"
insert "(i) is unemployed or (ii)"
Page
3, line 12, delete ", given additional marketable skills obtained
during deployment"
Page
5, line 12, after the period, insert "The appropriation is available
until spent."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3437, A bill for an act relating to natural resources; providing a process
for designating star lakes or rivers; creating a Star Lake Board as a nonprofit
corporation; allowing for the placement of star lake or river signs on
highways; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 103B; 173.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [103B.701]
STAR LAKES OR RIVERS.
Subdivision
1. Definition. For the purposes of this section:
(1)
"lake association" means an organized association for the purpose of
addressing issues on a specific lake or river, a lake improvement district, or
a lake conservation district; and
(2)
"board" means the Board of Water and Soil Resources.
Subd.
2. Application. (a) A lake association may apply to the
board for designation as a star lake or river.
The applicant must include a copy of a comprehensive management plan for
the lake or river.
(b)
After review of the application, the board shall determine whether designation
as a star lake or river will be granted.
The designation as a star lake or river becomes effective the day
following designation by the board. The
board shall publish the decision on a star lake or river designation in the
State Register, including the effective date of the designation.
(c)
The star lake or river designation is effective until the earlier of:
(1)
five years after the date of designation; or
(2)
when the board finds that the lake association is not fulfilling the
requirements of this section or of the comprehensive lake or river management
plan submitted.
(d)
Within six months before the expiration date of the designation as a star lake
or river, a lake association may apply to continue the star lake or river
designation under this section.
Subd.
3. Eligibility. A lake association applying for
designation as a star lake or river must:
(1)
develop and update a comprehensive lake or river management plan as provided in
subdivision 4;
(2)
maintain a membership or participation of at least 50 percent of the private
shoreland owners;
(3)
participate in the Pollution Control Agency's citizen water quality monitoring
program under section 115.06, subdivision 4; and
(4)
meet at least annually with staff from the Department of Natural Resources and
other appropriate state agencies in the development and monitoring of the
comprehensive lake or river management plan.
Subd.
4. Comprehensive
lake or river management plan. (a)
A comprehensive lake or river management plan must include a summary of adopted
shoreland zoning ordinances in the area and any specific further restrictions
supported by the lake association and must address:
(1)
increases in native vegetation in the littoral area of the lake or river, when
appropriate;
(2)
increases in native vegetation on the shoreline areas of the lake or river,
when appropriate;
(3)
prevention, reduction, or elimination of aquatic invasive species in the lake
or river;
(4)
increasing or maintaining a healthy diverse fishery that is appropriate for the
lake or river;
(5)
how the lake association will assure its involvement with total maximum daily
load stakeholder processes for any impaired waters that are identified within
the watershed of the lake or river;
(6)
how the lake association will assure its involvement in public input
opportunities for various local comprehensive and project-specific planning and
zoning processes;
(7)
how the lake association will train and supply volunteers through approved
programs to generate data needed by state and local agencies in an appropriate
format;
(8)
education opportunities for shoreland owners and other entities that conduct
activities affecting the quality of the lake or river; and
(9)
other activities that will coordinate with or enhance other state and local
water management efforts.
(b)
The comprehensive lake or river management plan shall be updated within five
years of adoption by the lake association.
Subd.
5. State
resources. State agencies
may consider star lake or river designation in determining the allocation of
financial and staff resources.
Subd.
6. Board
duties. (a) The board must
work with private and public entities to leverage the resources available to
achieve maximum results for Minnesota star lakes or rivers. The board may assist lake associations with
finding appropriate technical and financial assistance that is available and
make recommendations to state agencies regarding the manner in which technical
or financial assistance can be most effectively delivered. To the extent that money is available, the
board may provide direct financial assistance to meet specific needs of lake
associations, when financial assistance is not otherwise available, for:
(1)
completing a comprehensive lake or river management plan when the lake
association does not have an existing management plan and the association is
committed to the goals of a plan, as specified in subdivision 4; and
(2)
addressing specific issues of the lake or river to achieve or maintain the
goals of the lake or river management plan for lake associations that have
achieved a star lake or river designation.
(b)
By December 1 of each even-numbered year, the board shall submit a report to
the legislature on the activities for which money has been or will be spent for
the current biennium, the applications for designation, and the star lakes or
rivers designated by the board.
Sec.
2. [173.0855]
STAR LAKE OR RIVER SIGNS.
Subdivision
1. Authority
to erect. (a) A county,
statutory or home rule charter city, or town of Minnesota that contains a star
lake or river designated under section 103B.701 may request the Department of
Transportation to erect star lake or river signs under section 161.139. One sign may be erected at each approach to
a lake or river within the right-of-way of an interstate or other highway that
passes over the lake or river in the Department of Transportation's
eight-county metropolitan district or near or over the lake or river in greater
Minnesota.
(b)
An official lake or river sign on the right-of-way of an interstate or other
highway may be replaced with a star lake or river sign by the Department of
Transportation under section 161.139.
Subd.
2. Sign
standards. The Department of
Transportation shall design and manufacture the star lake and river signs to
specifications not contrary to other federal and state highway sign standards.
Sec.
3. CITIZEN
ADVISORY COMMITTEE.
By
January 15, 2009, the Board of Water and Soil Resources shall submit
recommendations to the chairs of the house and senate committees having
jurisdiction over natural resources for the composition and authority of a
citizens advisory committee to provide input to the board on the process of
designating lakes and rivers under Minnesota Statutes, section 103B.701.
Sec.
4. APPROPRIATION.
$.......
is appropriated in fiscal year 2009 from the general fund to the Board of Water
and Soil Resources to implement Minnesota Statutes, section 103B.701."
Delete
the title and insert:
"A
bill for an act relating to natural resources; providing a process for
designating star lakes and rivers; allowing for placement of star lake and
river signs on highways; requiring a report; appropriating money; proposing
coding for new law in Minnesota Statutes, chapters 103B; 173."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3441, A bill for an act relating to civil law; extending civil immunity to
municipalities that donate public safety equipment; amending Minnesota Statutes
2006, section 466.03, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
466.03, is amended by adding a subdivision to read:
Subd.
23. Used
public safety equipment. (a)
Any tort claim against a municipality resulting from the use of public safety
equipment donated by the municipality, unless the claim is a direct result of
the intentional misconduct, gross negligence, or ordinary negligence of the
municipality including, but not limited to, the failure to disclose known
defects or mechanical failures.
(b)
As used in this subdivision, "public safety equipment" means any
equipment purchased or obtained through gifts or grants by a municipality for
use in responding to or training for emergencies.
EFFECTIVE DATE. This section is effective August 1, 2008, and applies to
actions arising from incidents occurring on or after that date."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Local Government and Metropolitan Affairs.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3457, A bill for an act relating to trust property; authorizing the use of
debit or credit cards to draw funds from custodial trust accounts; amending
Minnesota Statutes 2006, section 529.08.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Mariani
from the Committee on E-12 Education to which was referred:
H. F.
No. 3469, A bill for an act relating to student transportation; establishing
procedures and standards for contracting for private student transportation
services; amending Minnesota Statutes 2006, sections 123B.88, by adding a
subdivision; 123B.91, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 123B.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
123B.88, subdivision 3, is amended to read:
Subd.
3. Transportation
services contracts; requirements.
(a) The board may contract for the furnishing of authorized
transportation under section 123B.52, and may purchase gasoline and furnish
same to a contract carrier for use in the performance of a contract with the
school district for transportation of school children to and from school.
(b)
An initiated transportation services contract shall include by contract
language, addendum, or supplementary information terms addressing:
(1)
a summary of school bus driver training requirements, including the minimum
number of preservice training hours and the minimum number of in-service training
hours;
(2)
a driver recruitment and retention plan, including:
(i)
an explanation of the actions the contractor has taken or will take to recruit
qualified drivers for the transportation services contract;
(ii)
an explanation of the process for screening applicants to be certain that they
meet the school bus driver requirements in federal law, state law, and the
transportation services contract, including federal and state controlled
substance and alcohol testing requirements;
(iii)
an explanation of the training that drivers receive prior to assignment to
transportation service; and
(iv)
an explanation of the actions of the employer to retain qualified drivers to
meet requirements of the transportation services contract, including an explanation
of wage rates and employee benefits and policies on compensated absences such
as paid vacations, holidays, and sick leave;
(3)
the reporting to the local school district of all school bus accidents;
(4)
the reporting to the local school district of all school bus driver reported
traffic convictions, based upon the requirement of commercial drivers to report
traffic convictions to their employer under Federal Motor Carrier Safety
Administration, rule 383.31;
(5)
the reporting within one week to the local school district the results of any
Minnesota Highway Patrol inspection of school buses being regularly utilized
for the transportation under the transportation contract;
(6)
the school bus driver employee turnover ratio, defined as the number of school
bus drivers during the most recent school year divided by the daily average
number of school bus drivers during the same regular school year within bus
garage location or other reasonable basis.
The turnover rate may exclude those drivers whose employment is
terminated or who are otherwise removed for cause from service; and
(7)
the date of hire of the employer's current employees identified by their job
classification, which may include any relevant prior experience. Summer and other regular school breaks
should not be considered interruptions to employment.
(c)
Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost-effectiveness.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
2. [123B.915]
SCHOOL BUS DRIVERS.
Subdivision
1. Driver
pay. School bus driver
employees must be paid for the actual time worked. If a route pay system or hourly estimation is used, school bus
driver employees must be scheduled and paid for actual time for required
inspection of buses.
Subd.
2. Right
to refuse. School bus
drivers who document needed bus repairs shall have the right to refuse to
operate the bus immediately for a safety-related repair, which meets the out-of-service
definition of Minnesota Rules, part 7470.0600.
In this situation, the driver shall be provided an alternate bus, if
available, and time to inspect it. The
driver shall not be penalized in any way for fees, fines, or consequences
incurred by the employer for delays or failure to provide the transportation
service in a timely manner in this situation.
Nothing in this section may diminish the rights, pay, or benefits of
drivers covered by a collective bargaining agreement with an exclusive representative.
EFFECTIVE DATE. This section is effective July 1, 2008."
Delete
the title and insert:
"A
bill for an act relating to student transportation; requiring certain
information in transportation services contracts; amending Minnesota Statutes
2006, section 123B.88, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 123B."
With
the recommendation that when so amended the bill pass and be re-referred to the
Transportation Finance Division.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3481, A bill for an act relating to payroll card accounts; repealing a
sunset; repealing Laws 2005, chapter 158, section 4, as amended.
Reported
the same back with the recommendation that the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3507, A bill for an act relating to agriculture; authorizing waiver of
certain fees and expedited food handler plan review in certain declared
disaster areas; changing certain embargo and condemnation provisions; changing
certain food sanitary provisions; changing certain fee provisions; defining
certain terms; regulating egg sales and handling; amending Minnesota Statutes
2006, sections 28A.03, by adding a subdivision; 28A.08; 28A.082, by adding a
subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; Minnesota Statutes
2007 Supplement, section 31.175; proposing coding for new law in Minnesota
Statutes, chapter 32.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3522, A bill for an act relating to local government; changing the date by
which counties must provide summary budget data; amending Minnesota Statutes
2006, section 6.745, subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3547, A bill for an act relating to natural resources; modifying aquatic
farm provisions; authorizing certain fees; modifying horse pass requirements;
modifying report requirements for game and fish fund; modifying disposition of
pheasant habitat improvement account; modifying wild turkey management account;
modifying hunting and fishing licensing and taking provisions; requiring
reports; providing for rulemaking; amending Minnesota Statutes 2006, sections
17.4981; 84.027, subdivision 15; 85.46, subdivision 1; 97A.015, by adding a
subdivision; 97A.055, subdivision 4b; 97A.075, subdivisions 4, 5; 97A.311,
subdivision 5; 97A.431, subdivision 2; 97A.433, subdivision 2; 97A.434,
subdivision 2; 97A.435, subdivision 4; 97A.451, subdivision 4, by adding a
subdivision; 97A.475, subdivision 5; 97A.485, subdivision 6; 97B.015, subdivision
5; 97B.041; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301,
subdivision 6, by adding a subdivision; 97B.405; 97B.431; 97B.621, subdivision
3; 97B.711, subdivision 1; 97B.721; 97C.001, subdivision 3; 97C.005,
subdivision 3; 97C.315, subdivision 1; 97C.355, subdivisions 4, 7, 7a; 97C.371,
subdivision 4; 97C.395, subdivision 1; Minnesota Statutes 2007 Supplement,
sections 17.4984, subdivision 1; 97A.055, subdivision 4; 97A.405, subdivision
2; 97A.441, subdivision 7; 97A.451, subdivision 3; 97A.475, subdivisions 2, 3,
11, 12, 16; 97B.036; 97B.328; 97C.355, subdivisions 2, 8; proposing coding for
new law in Minnesota Statutes, chapter 97C; repealing Minnesota Statutes 2006,
section 97A.411, subdivision 2; Minnesota Rules, parts 6232.0200, subpart 4;
6232.0300, subpart 4.
Reported
the same back with the following amendments:
Page
13, after line 16, insert:
"Sec.
23. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 7, is amended to read:
Subd.
7. Nonresident
fishing. (a) Fees for the following
licenses, to be issued to nonresidents, are:
(1) to
take fish by angling, $37.50;
(2) to
take fish by angling limited to seven consecutive days selected by the
licensee, $26.50;
(3) to
take fish by angling for a 72-hour period selected by the licensee, $22;
(4) to
take fish by angling for a combined license for a family for one or both
parents and dependent children under the age of 16, $50.50;
(5) to
take fish by angling for a 24-hour period selected by the licensee, $8.50; and
(6) to
take fish by angling for a combined license for a married couple, limited to 14
consecutive days selected by one of the licensees, $38.50.; and
(7)
to take fish by spearing from a dark house, $37.50.
(b) A
$2 surcharge shall be added to all nonresident fishing licenses, except
licenses issued under paragraph (a), clause (5). An additional commission may not be assessed on this
surcharge."
Page
13, delete section 24 and insert:
"Sec.
25. Minnesota Statutes 2007 Supplement,
section 97A.475, subdivision 12, is amended to read:
Subd.
12. Fish houses, dark houses, or shelters; nonresident. Fees for fish house, dark house, or
shelter licenses for a nonresident are:
(1)
annual, $33;
(2)
seven consecutive days, $19; and
(3)
three-year, $99."
Page
23, after line 3, insert:
"Sec.
51. Minnesota Statutes 2006, section
97C.371, is amended by adding a subdivision to read:
Subd.
5. Nonresidents. Nonresidents may spear from a fish house
or dark house."
Page
24, after line 19, insert:
"Sec.
56. NONRESIDENT SPEAR FISHING;
RULEMAKING.
The
commissioner of natural resources shall adopt rules, including amending
Minnesota Rules, part 6262.0600, to allow taking fish by spear by
nonresidents. The commissioner may use
the good cause exemption under Minnesota Statutes, section 14.388, subdivision
1, clause (3), to adopt the rules.
Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388."
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3566, A bill for an act relating to workers' compensation; adopting
recommendations of the Workers' Compensation Advisory Council; amending
Minnesota Statutes 2006, sections 176.011, subdivision 9; 176.041, subdivision
1; 176.101, subdivision 1; 176.102, subdivisions 2, 11; 176.135, by adding a
subdivision; 176.136, subdivisions 1a, 1b; 176.1812, subdivision 1; 176.183,
subdivision 1; 176.185, subdivision 8a; 176.231, subdivision 10; 176.245;
176.275, subdivision 1; 176.285; 176.83, subdivision 7; repealing Minnesota
Statutes 2006, sections 176.1041; 176.669.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3576, A bill for an act relating to human services; authorizing the
ombudsman and Medical Review Subcommittee to gather data about deceased
clients; amending Minnesota Statutes 2006, sections 245.91, subdivision 3, by
adding a subdivision; 245.92; 245.94, subdivisions 1, 2a; 245.97, subdivision
5.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3585, A bill for an act relating to energy; describing powers of qualifying
owner of community-based energy development project; authorizing Metropolitan
Council and counties to enter into contracts and to finance the purchase of
energy and interests in renewable energy projects; amending Minnesota Statutes
2006, sections 216B.1612, by adding a subdivision; 473.1293, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 373.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
216B.1612, is amended by adding a subdivision to read:
Subd.
9. Local
government and political subdivision powers. A Minnesota political subdivision or local government may
plan, develop, purchase, acquire, construct, and own a C-BED project and may
sell output from that project as provided for in this section. A Minnesota political subdivision or local
government may operate, maintain, improve, and expand the C-BED project subject
to any restrictions in this section.
Sec.
2. [216F.09]
COUNTY; WIND ENERGY CONVERSION SYSTEM.
A
county or the Metropolitan Council may own, construct, acquire, purchase, issue
bonds and certificates of indebtedness for, maintain, and operate a wind energy
conversion system, or a portion of a wind energy conversion system. A county or the Metropolitan Council may
purchase and sell electricity from a wind energy conversion system only at
wholesale on terms and conditions that the county board or the Metropolitan
Council deems are in the best interests of the public. With respect to any wind energy conversion
system, or any portion of a wind energy conversion system, a county or the
Metropolitan Council may exercise the powers granted to a municipal power
agency and to a city under sections 453.52, subdivisions 1, 6, and 9; 453.54,
subdivision 10; 453.58, subdivision 4; and 453.59, except that output from that
wind energy conversion system may not be sold, transmitted, or distributed at
retail, or provided for end use from an off-site facility by the county or the
Metropolitan Council. A county's
on-site generation authorized under this subdivision is limited to a total of
ten megawatts. Nothing in this section
modifies the provisions governing exclusive service territories or a utility's
exclusive service right under sections 216B.37 to 216B.43.
Sec.
3. [373.48]
FINANCING ENERGY PURCHASE CONTRACTS AND PARTICIPATION IN GENERATION AND
TRANSMISSION PROJECTS.
Subdivision
1. Definitions. For the purpose of this section,
"project" means a facility that generates electricity from renewable
energy sources listed in section 216B.1691, subdivision 1, paragraph (a),
clause (1).
Subd.
2. Energy
purchase contracts; generation projects. A county may, for itself or in cooperation with other
counties, enter into agreements for the purchase of electrical energy from one
or more projects, and may enter into agreements with a utility for the purchase
and sale of the electrical energy so purchased. Agreements may be for a term of one year to 20 years. A county may also acquire an ownership
interest in a project and may enter into agreements for the purchase and sale
of electrical energy produced. A county
may not sell, transmit, or distribute the electrical energy at retail or
provide for end use from an off-site facility by the county or counties of the
electrical energy. A county's on-site
generation authorized under this subdivision is limited to a total of ten
megawatts. Nothing in this section
modifies the exclusive service territories or exclusive right to serve as
provided in sections 216B.37 to 216B.43.
The energy to be purchased by a county under agreements entered into
under this section and the energy produced that is commensurate with the
county's interest in projects shall not in any year exceed the total amount of
energy used by the county for its own facilities in the immediately preceding
year, regardless of the source from which energy was obtained.
Subd.
3. Joint
purchase of energy and acquisition of generation projects; financing. A county may enter into agreements under
section 471.59 with other counties for joint purchase of energy or joint
acquisition of interests in projects. A
county may annually levy an ad valorem tax for the purpose of paying the cost
of energy purchased or acquiring interests in projects in an amount not
exceeding 0.015 percent of the market value of taxable property in the
county. A county that enters into a
multiyear agreement for purchase of energy or acquires an interest in a project
may finance the estimated cost of the energy to be purchased during the term of
the agreement or the cost to the county of the interest in the project by the
issuance of general obligation bonds of the county, provided that the annual
debt service on all bonds issued under this section, together with the amounts
to be paid by the county in any year for the purchase of energy under
agreements entered into under this section, shall not exceed the amount of taxes
authorized by this section. An
agreement entered into under section 471.59 as provided by this section may
provide that each county shall issue bonds to pay their respective shares of
the cost of the projects, or that one of the counties shall issue bonds to pay
the full costs of the project, and that the other participating counties shall
levy the tax authorized under this subdivision and pledge the collections of
the tax to the county that issues the bonds.
Bonds issued under this section may be issued without an election and
shall not constitute net debt of any participating county.
Sec.
4. Minnesota Statutes 2006, section
473.1293, is amended by adding a subdivision to read:
Subd.
6. Energy
purchase contracts. In
addition to the powers granted elsewhere in this section, the Metropolitan
Council may exercise all of the powers granted to a county under section
373.48, provided that bonds may be issued by the Metropolitan Council for the
purposes of section 373.48 only under its sewer bond authority in section
473.541. The Metropolitan Council may
not sell, transmit, or distribute electrical energy at retail or provide for
end use from an off-site facility by the Metropolitan Council of the electrical
energy as provided by section 373.48, subdivision 2. The Metropolitan Council's on-site generation authorized by this
subdivision is limited to a total of ten megawatts. Nothing in this section modifies the exclusive service
territories or exclusive right to serve as provided in sections 216B.37 to
216B.43."
Delete
the title and insert:
"A
bill for an act relating to energy; authorizing certain governments to engage
in energy-related activities, including ownership of renewable energy projects;
authorizing bonds; authorizing an annual ad valorem tax; amending Minnesota
Statutes 2006, sections 216B.1612, by adding a subdivision; 473.1293, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters
216F; 373."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Taxes.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3592, A bill for an act relating to health; requiring the commissioner of
health to establish a registry of health care interpreter services;
appropriating money; amending Minnesota Statutes 2006, section 295.52,
subdivisions 1, 1a, 2; proposing coding for new law in Minnesota Statutes,
chapter 144.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [144.058]
INTERPRETER SERVICES QUALITY INITIATIVE.
(a)
The commissioner shall establish a statewide roster, registry, and
certification process for interpreters who provide high quality, spoken
language health care interpreter services.
The roster, registry, and certification process shall be based on the
findings and recommendations set forth by the Interpreter Services Work Group
required under Laws 2007, chapter 147, article 12, section 13. By January 1, 2009, the commissioner must do
the following:
(1)
develop a registry of spoken language health care interpreters, including:
(i)
development of standards for registration that set forth educational
requirements, training requirements, demonstration of language proficiency and
interpreting skills, agreement to abide by a code of ethics, and a criminal
background check;
(ii)
recommendations for appropriate alternate requirements in languages for which
testing and training programs do not exist;
(iii)
recommendations for appropriate fees; and
(iv)
recommendations for establishing and maintaining the standards for inclusion in
the registry;
(2)
establish a roster of all available interpreters to address access concerns,
particularly in rural areas; and
(3)
develop a certification process based on national testing and certification
processes for spoken language interpreters for a statewide spoken language
interpreter certification program to be implemented by January 1, 2012.
(b)
The commissioner shall consult with the Interpreter Stakeholder Group of the
Upper Midwest Translators and Interpreters Association for advice on the
standards required to develop a registry and certification process.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. APPROPRIATION.
$.......
is appropriated from the state government special revenue fund for fiscal year
2009 to the commissioner of health to establish a roster and develop a registry
of health care interpreters."
Delete
the title and insert:
"A
bill for an act relating to health; requiring the commissioner of health to
establish a roster and develop a registry of health care interpreters;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 144."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3596, A bill for an act relating to education; prohibiting the commissioner
of education from enforcing unadopted rules; amending Minnesota Statutes 2006,
section 127A.05, subdivision 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. EXPEDITED
PROCESS; SPECIFIC LEARNING DISABILITIES RULE.
The
commissioner of education may use the expedited process under Minnesota
Statutes, section 14.389, to conform Minnesota Rules, part 3525.1341, to new
federal requirements on specific learning disabilities under Public Law
108-446, sections 602(30) and 614(b)(6), the Individuals with Disabilities
Education Improvement Act of 2004, and its implementing regulations.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. REPEALER.
Minnesota
Statutes 2006, section 121A.67, and Laws 2006, chapter 263, article 3, section
16, are repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to education; modifying learning disability rules;
authorizing rulemaking; repealing Minnesota Statutes 2006, section 121A.67;
Laws 2006, chapter 263, article 3, section 16."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3597, A bill for an act relating to crimes; modifying law protecting
victims of sexual assault; amending Minnesota Statutes 2006, section 628.26.
Reported
the same back with the following amendments:
Page
2, after line 29, insert:
"EFFECTIVE DATE. This section is effective August 1, 2008, and applies to crimes
committed on or after that date, and to crimes committed before that date if
the limitations period for the crime did not expire before August 1, 2008."
With
the recommendation that when so amended the bill pass and be placed on the
Consent Calendar.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3617, A bill for an act relating to health; establishing a wound prevention
and care formulary demonstration project for state veterans homes; requiring
reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 198.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3644, A bill for an act relating to local government; extending and
changing the terms of guaranteed energy savings contracts under the uniform
municipal contracting law; amending Minnesota Statutes 2007 Supplement, section
471.345, subdivision 13.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3646, A bill for an act relating to local government; changing the contract
threshold amounts subject to certain requirements of the Uniform Municipal
Contracting Law; amending Minnesota Statutes 2006, sections 103E.705,
subdivisions 5, 6, 7; 471.345, subdivisions 3, 4; Minnesota Statutes 2007
Supplement, section 471.345, subdivisions 3a, 4a, 5.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3650, A bill for an act relating to consumer protection; prohibiting retail
sales of toys that have been recalled for safety reasons; proposing coding for
new law in Minnesota Statutes, chapter 325F.
Reported
the same back with the following amendments:
Page
1, line 7, after "that" insert "the commercial
retailer knows at the time of the sale"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3654, A bill for an act relating to health; creating the Minnesota Responds
Medical Reserve Corps; amending Minnesota Statutes 2006, sections 145A.04, by
adding subdivisions; 145A.06, by adding subdivisions; 176.011, subdivision 9;
proposing coding for new law in Minnesota Statutes, chapter 192.
Reported
the same back with the following amendments:
Page
1, before line 7, insert:
"Section
1. Minnesota Statutes 2006, section
12.22, subdivision 2a, is amended to read:
Subd.
2a. Volunteer protections. (a)
Individuals who volunteer to assist a local political subdivision during an
emergency or disaster, who register with that subdivision, and who are under
the direction and control of that subdivision are considered an employee of
that subdivision for purposes of workers' compensation and tort claim defense
and indemnification.
(b)
Individuals who volunteer to assist the state during an emergency or disaster, who
register with a state agency, and who are under the direction and control of
the state agency are considered an employee of the state for purposes of
workers' compensation and tort claim defense and indemnification.
(c)
Notwithstanding qualification for volunteer protection under paragraph (a) or
(b), a Minnesota Responds Medical Reserve Corps volunteer under sections
145A.04 to 145A.06, responding at the request of the commissioner of health,
must receive state workers' compensation benefits and tort claim defense and
indemnification as provided in section 145A.06, subdivision 7."
Page
2, line 27, after "Center" insert "or other public or
private emergency preparedness partners"
Page
4, after line 24, insert:
"Sec.
7. Minnesota Statutes 2006, section
145A.06, is amended by adding a subdivision to read:
Subd.
8. Volunteer
health practitioners licensed in other states. (a) While an emergency declaration is in
effect, a volunteer health practitioner who is (1) registered with a
registration system that complies with the emergency system for the advanced
registration of volunteer health professionals (ESAR-VHP) established under
United States Code, title 42, section 247d-7b; (2) licensed and in good
standing in the state upon which the practitioner's registration is based; and
(3) requested for deployment by the state's authorized representative under
section 192.89, may practice in this state within the scope of practice
authorized in the licensing state and to the extent authorized by this section as
if the practitioner were licensed in this state.
(b)
A volunteer health practitioner qualified under paragraph (a) is not entitled
to the liability protections of section 192.89, subdivision 6, if the
practitioner is licensed in more than one state and any license of the
practitioner is suspended, revoked, or subject to an agency order limiting or
restricting practice privileges, or has been voluntarily terminated under
threat of sanction."
Page
8, after line 30, insert:
"Sec.
10. EFFECTIVE DATE.
This
act is effective the day following final enactment."
Renumber
the sections in sequence
Amend
the title as follows:
Page
1, line 2, after the second semicolon, insert "permitting volunteer health
practitioners during an emergency declaration; providing volunteer
protections;"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3662, A bill for an act relating to local government; providing for a
public hearing and public testimony before making an appointment to fill a
vacancy on a county board or city council; changing the time period in which an
appointment may be made; amending Minnesota Statutes 2006, sections 375.101, by
adding a subdivision; 412.02, subdivision 2a, by adding a subdivision;
Minnesota Statutes 2007 Supplement, section 375.101, subdivision 4.
Reported
the same back with the following amendments:
Page
2, line 6, delete "receive" and insert "invite"
Page
2, line 9, delete everything before "public" and insert "must
notify"
Page
2, line 12, delete "consulted" and insert "notified"
Page
2, delete sections 3 and 4
Amend
the title as follows:
Page
1, line 3, delete "or city council"
Correct
the title numbers accordingly
With
the recommendation that when so amended the bill pass.
The report was adopted.
Mullery
from the Committee on Public Safety and Civil Justice to which was referred:
H. F.
No. 3683, A bill for an act relating to public safety; providing for an
e-charging service; requiring fingerprinting; amending Minnesota Statutes 2006,
sections 13.871, by adding a subdivision; 299C.10, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 299C.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3692, A bill for an act relating to the city of Minneapolis; authorizing
the creation of a nonprofit riverfront revitalization corporation; requiring a
report.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. NONPROFIT
RIVERFRONT REVITALIZATION CORPORATION.
Subdivision
1. Nonprofit
corporation may be established.
The city of Minneapolis may create a nonprofit corporation under
Minnesota Statutes, chapter 317A. The
purpose of the nonprofit corporation must be to facilitate and support
coordinated revitalization of the Mississippi riverfront within the city of
Minneapolis. The corporation may seek
tax exemption and 501(c)3 status under the Internal Revenue Code. The corporation may accept gifts, donations,
money, property, and other assets and may transfer, donate, or otherwise
provide such gifts, donations, money, property, and other assets consistent
with its dedicated purpose. The
corporation may choose to exercise any of the powers granted to a nonprofit
corporation under Minnesota Statutes, chapter 317A, including the acquisition
and disposition of real estate.
Subd.
2. Formation;
board of directors; employees. The
corporation's board of directors must include at least ten and no more than 24
members, including at least two representatives from the city of Minneapolis
appointed by the city council and two representatives from the Minneapolis Park
and Recreation Board appointed by the Minneapolis Park and Recreation Board. No more than half of the board may be
representatives of governmental entities, with membership to be offered to the
Mississippi Watershed Management Organization, Hennepin County, the University
of Minnesota, and National Park Service/MNRRA.
At least half of the nongovernmental members of the board must be
representatives of (1) community or neighborhood organizations from both
river-adjacent neighborhoods and the city at large or (2) Minneapolis
riverfront residents. The other
nongovernmental members may include business leaders and representatives of
civic and nonprofit organizations and foundations. The members of the board must not be compensated by the
corporation for their services but may be reimbursed for reasonable expenses
incurred in connection with their duties as board members.
Sec.
2. FUNDING.
The
city of Minneapolis or the Minneapolis Park and Recreation Board, or both, may
provide office space, administrative support, and funding to help create and
establish the corporation. Until the
corporation is established and functioning, the city of Minneapolis may accept
gifts, donations, money, property, and other assets for purposes consistent
with the corporation's purposes and shall, when the corporation is established
and functioning, transfer such gifts, donations, money, property, and other
assets to the corporation. The city of
Minneapolis, the Minneapolis Park and Recreation Board, and any other political
subdivisions of the state of Minnesota also may contribute gifts, donations,
money, property, and other assets to the corporation for purposes consistent
with the corporation's purposes. The
use of governmental funds and resources for these purposes is a public purpose.
Sec.
3. REPORT.
On
or before January 15, 2010, the city of Minneapolis shall prepare and submit to
the chairs of the legislative committees and divisions with jurisdiction over
metropolitan and local government a report on the creation and establishment of
the corporation, including a description of the public and private funds and
resources used to help create and establish the corporation.
Sec.
4. APPLICATION.
This
act applies to the city of Minneapolis.
Sec.
5. EFFECTIVE
DATE.
This
act is effective the day after both the city of Minneapolis and the Minneapolis
Park and Recreation Board comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was referred:
H. F.
No. 3717, A bill for an act relating to energy; requiring advance notice to
certain local units of government of intent to file route permit for
construction of large energy facility; amending Minnesota Statutes 2006,
section 216B.243, by adding a subdivision.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
216E.03, is amended by adding a subdivision to read:
Subd.
3a. Project
notice. At least 120 days
before filing an application with the commission, the applicant shall provide
notice to each local unit of government within which a route may be
proposed. The notice must describe the
proposed project and the opportunity for a preapplication consultation meeting
with local units of government as provided in subdivision 3b.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
216E.03, is amended by adding a subdivision to read:
Subd.
3b. Preapplication
consultation meetings. Within
30 days of receiving a project notice, local units of government may request
the applicant hold a consultation meeting with local units of government. Upon receiving notice from a local unit of
government requesting a preapplication consultation meeting, the applicant
shall arrange the meeting at a location chosen by the local unit of government.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2006, section
216E.03, subdivision 4, is amended to read:
Subd.
4. Notice
of Application notice.
Within 15 days after submission of an application to the commission, the
applicant shall publish notice of the application in a legal newspaper of
general circulation in each county in which the site or route is proposed and
send a copy of the application by certified mail to any regional development
commission, county, incorporated municipality, and township town
in which any part of the site or route is proposed. Within the same 15 days, the applicant shall also send a notice
of the submission of the application and description of the proposed project to
each owner whose property is on or adjacent to any of the proposed sites for
the
power plant or along any of the proposed routes for the transmission line. The notice shall must identify
a location where a copy of the application can be reviewed. For the purpose of giving mailed notice
under this subdivision, owners shall be are those shown 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; but other
appropriate records may be used for this purpose. The failure to give mailed notice to a property owner, or defects
in the notice, shall does not invalidate the proceedings,
provided a bona fide attempt to comply with this subdivision has been
made. Within the same 15 days, the
applicant shall also send the same notice of the submission of the application
and description of the proposed project to those persons who have requested to
be placed on a list maintained by the commission for receiving notice of
proposed large electric generating power plants and high voltage transmission
lines.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to energy; modifying or adding provisions relating to
notice and consultation meetings regarding permits for site selection of large
electric generating plant or route selection for high-voltage transmission
line; making clarifying changes; amending Minnesota Statutes 2006, section
216E.03, subdivision 4, by adding subdivisions."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3718, A bill for an act relating to energy; proposing the Business Energy
Accountability Act of 2008; providing for a voluntary inventory of business
energy use; proposing coding for new law in Minnesota Statutes, chapter 216C.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3725, A bill for an act relating to transportation; authorizing urban
partnership agreements to provide for user fees for use of high-occupancy
vehicle lanes and dynamic shoulder lanes; exempting commissioner of
transportation from rulemaking regarding urban partnership agreements, toll
facilities, and final layouts for highways; imposing penalties; appropriating
money; amending Minnesota Statutes 2006, sections 160.02, by adding a
subdivision; 169.01, subdivision 31, by adding a subdivision; 169.306;
proposing coding for new law in Minnesota Statutes, chapter 160.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3727, A bill for an act relating to traffic regulations; establishing
minimum requirements for city's permit program for long-term disability
parking; amending Minnesota Statutes 2006, section 169.346, subdivision 5.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 169.346,
subdivision 5, is amended to read:
Subd.
5. Local
ordinance; long-term parking. A
statutory or home rule charter city may enact an ordinance establishing a
permit program for long-term disability parking. If a city enacts the ordinance, a permit
program for long-term disability parking must establish as a minimum:
(1)
a limitation on disability parking of a maximum of four hours during the hours
of enforcement, on one-hour, 90-minute, and two-hour parking meters;
(2)
a requirement for city parking lots and ramps to provide a 50 percent discount
on monthly fees for contracted parkers with disabilities, with appropriate
vehicle identification, who park in designated disability parking spaces; and
(3)
issuance of a special needs permit to an employed person with severe disability
for an all-day, on-street parking permit that will accommodate the person's
access needs."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3729, A bill for an act relating to energy; establishing Legislative Energy
Commission; abolishing Legislative Electric Energy Task Force; making
conforming correction; appropriating money; amending Minnesota Statutes 2006,
section 216B.2424, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 3; repealing Minnesota Statutes 2006, section 216C.051,
subdivisions 3, 4a, 6, 7, 8; Minnesota Statutes 2007 Supplement, section
216C.051, subdivisions 2, 8a, 9.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3749, A bill for an act relating to veterans; authorizing and regulating
state veterans cemeteries; amending Minnesota Statutes 2006, section 197.236.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3762, A bill for an act relating to state government; creating the Veterans
Health Care Advisory Council; proposing coding for new law in Minnesota
Statutes, chapter 196.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3763, A bill for an act relating to veterans; transferring functions of the
Veterans Homes Board of Directors to commissioner of veterans affairs; amending
Minnesota Statutes 2006, sections 196.021; 196.03; 198.32, subdivision 1;
repealing Minnesota Statutes 2006, sections 198.001, subdivisions 6, 9;
198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision
2; Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2;
198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3766, A bill for an act relating to horse racing; modifying certain
medication regulations; amending Minnesota Statutes 2006, section 240.24,
subdivision 2.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3770, A bill for an act relating to state government; requiring the Office
of Enterprise Technology to report to the legislature regarding its approval
process for state agency technology requests and assistance provided to state
agencies in developing agency information systems plans; amending Minnesota
Statutes 2006, sections 16E.01, subdivision 3; 16E.04, subdivision 2.
Reported
the same back with the following amendments:
Page
3, line 2, delete ".........." and insert "December 1"
Page
3, line 25, delete ".........." and insert "December 1"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Otremba
from the Committee on Agriculture, Rural Economies and Veterans Affairs to
which was referred:
H. F.
No. 3789, A bill for an act relating to agriculture; requiring wholesalers of
lawn fertilizer containing phosphorous to provide retail signage; amending
Minnesota Statutes 2006, section 18C.60, by adding a subdivision; repealing
Minnesota Statutes 2006, section 18C.60, subdivision 4.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
18C.60, is amended by adding a subdivision to read:
Subd.
5. Retail
signage. (a) In the
seven-county metropolitan area, a retailer of lawn fertilizer containing
phosphorus must post a conspicuous sign stating the legal limitations on the
fertilizer's use.
"Conspicuous" means lettering in black Arial typeface at least
three-eighths of an inch in height against a bright contrasting
background. The sign must state:
"For
the protection of water quality, Minnesota law prohibits application of lawn
fertilizer containing phosphorus except when:
(1)
establishing a new lawn with seed or sod;
(2)
a soil test or plant tissue test shows a need for phosphorus;
(3)
applied on a golf course by a trained person; or
(4)
applied on farms growing sod for sale."
(b)
A retailer offering lawn fertilizer containing phosphorus must post a sign with
the fertilizer display.
(c)
A retailer may substitute the sign in paragraph (a) with an alternative sign
that meets requirements of paragraph (a).
Sec.
2. REPEALER.
Minnesota
Statutes 2006, section 18C.60, subdivision 4, is repealed."
Delete
the title and insert:
"A
bill for an act relating to agriculture; requiring certain retailers to provide
retail signage on the legal limitations on the use of lawn fertilizers
containing phosphorus; amending Minnesota Statutes 2006, section 18C.60, by adding
a subdivision; repealing Minnesota Statutes 2006, section 18C.60, subdivision
4."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilty
from the Energy Finance and Policy Division to which was referred:
H. F.
No. 3843, A bill for an act relating to energy; requiring certain amount of
solar-produced energy under renewable energy standard; amending Minnesota
Statutes 2007 Supplement, section 216B.1691, subdivision 2a.
Reported
the same back with the following amendments:
Page
2, delete lines 9 to 14 and insert:
"(c)
By the end of the year 2012, at least 0.0125 percent of the electricity
required by paragraphs (a) and (b) to be generated by each electric utility
must be generated by solar energy. At
least 60 percent of the required solar energy electric generation by each
utility must be distributed solar generated at a customer's site with
customer-owned facilities. For the
purposes of this paragraph, "distributed solar" means solar electric
equipment that meets the requirements of section 216C.25 with a total peak
generating capacity of 100 kilowatts or less used for generating electricity
primarily for use in a residential property or small business, as defined by
section 645.445, to reduce the effective electric load for that residence or
business. An electric utility that
generates less than 60 percent of its required solar energy electric generation
with customer-owned distributed solar must demonstrate that reasonable efforts
were made to achieve sufficient customer participation in a timely manner."
With
the recommendation that when so amended the bill pass.
The report was adopted.
Hilstrom
from the Committee on Local Government and Metropolitan Affairs to which was
referred:
H. F.
No. 3863, A bill for an act relating to motor vehicles; authorizing automatic
enforcement of official traffic-control devices; amending Minnesota Statutes
2006, sections 169.01, by adding subdivisions; 169.06, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 169.
Reported
the same back with the following amendments:
Page
3, after line 36, insert:
"Subd.
5. Data; report. A
local authority that implements a program under this section must collect and
report to the chairs of the legislative committees with jurisdiction over
public safety, aggregate data on the program, including the number of citations
issued and accidents before and after the program is implemented, and revenues
and expenditures associated with the program.
The
report is due January 15, 2011."
Page
4, line 2, before the period, insert ", except that subdivision 5
expires January 16, 2011"
Amend
the title as follows:
Page
1, line 3, after the semicolon, insert "requiring report to the
legislature;"
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3881, A bill for an act relating to human services; allowing certain home
modifications to be allowed expenses for the home and community-based waiver
programs.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3913, A bill for an act relating to boxing; changing the name of the
Minnesota Boxing Commission; providing penalties; extending jurisdiction of the
commissions; authorizing rulemaking; amending Minnesota Statutes 2006, sections
341.21, as amended; 341.23; 341.24; 341.26; 341.28, as amended; 341.29; 341.30;
341.31; 341.32, as amended; 341.33; 341.34, subdivision 1; 341.35; 341.37;
Minnesota Statutes 2007 Supplement, sections 214.04, subdivision 3; 341.22;
341.25; 341.27; 341.321; proposing coding for new law in Minnesota Statutes,
chapter 341.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2007 Supplement,
section 214.04, subdivision 3, is amended to read:
Subd.
3. Officers;
staff. The executive director of
each health-related board and the executive secretary of each
non-health-related board shall be the chief administrative officer for the
board but shall not be a member of the board.
The executive director or executive secretary shall maintain the records
of the board, account for all fees received by it, supervise and direct
employees servicing the board, and perform other services as directed by the
board. The executive directors,
executive secretaries, and other employees of the following boards shall be
hired by the board, and the executive directors or executive secretaries shall
be in the unclassified civil service, except as provided in this subdivision:
(1)
Dentistry;
(2)
Medical Practice;
(3)
Nursing;
(4)
Pharmacy;
(5)
Accountancy;
(6)
Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design;
(7)
Barber Examiners;
(8)
Cosmetology;
(9)
Teaching;
(10)
Peace Officer Standards and Training;
(11)
Social Work;
(12)
Marriage and Family Therapy;
(13)
Dietetics and Nutrition Practice; and
(14)
Licensed Professional Counseling.; and
(15)
Combative Sports Commission.
The
executive directors or executive secretaries serving the boards are hired by
those boards and are in the unclassified civil service, except for part-time
executive directors or executive secretaries, who are not required to be in the
unclassified service. Boards not
requiring full-time executive directors or executive secretaries may employ
them on a part-time basis. To the
extent practicable, the sharing of part-time executive directors or executive
secretaries by boards being serviced by the same department is encouraged. Persons providing services to those boards
not listed in this subdivision, except executive directors or executive
secretaries of the boards and employees of the attorney general, are classified
civil service employees of the department servicing the board. To the extent practicable, the commissioner
shall ensure that staff services are shared by the boards being serviced by the
department. If necessary, a board may
hire part-time, temporary employees to administer and grade examinations.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
341.21, as amended by Laws 2007, chapter 135, article 3, section 30, is amended
to read:
341.21 DEFINITIONS.
Subdivision
1. Applicability. The definitions in this section apply to
this chapter.
Subd.
2. Boxing. "Boxing" means the act of attack
and defense with the fists, using padded gloves, that is practiced as a sport
under the rules of the Association of Boxing Commissions, or equivalent. Where applicable, boxing includes tough
person contests.
Subd.
2a. Combatant. "Combatant" means an individual
who employs the act of attack and defense as a boxer, tough person, or mixed
martial artist while engaged in a combative sport.
Subd.
2b. Combative
sport. "Combative
sport" means a sport that employs the act of attack and defense with the
fists, with or without using padded gloves, or feet that is practiced as a
sport under the rules of the Association of Boxing Commissions, unified rules
for mixed martial arts, or their equivalent.
Combative sports include professional boxing and professional and
amateur tough person and professional and amateur mixed martial arts contests.
Subd.
3. Commission. "Commission" means the Minnesota
Boxing Combative Sports Commission.
Subd.
4. Combative
sports contest. "Combative
sports contest" means any a professional boxing, a
professional or amateur tough person, or a professional or amateur mixed
martial art bout, competition contest, match, or exhibition.
Subd.
4a. Director. "Director" means the executive
director of the commission.
Subd.
4b. HBV. "HBV" means the hepatitis B
virus with the e-antigen present in the most recent blood test.
Subd.
4c. HCV. "HCV" means the hepatitis C virus.
Subd.
4d. HIV. "HIV" means the human
immunodeficiency virus.
Subd.
4e. Individual. "Individual" means a living
human being.
Subd.
4f. Mixed
martial arts contest. "Mixed
martial arts contest" means a contest between two or more individuals consisting
of any combination of full contact martial art including, but not limited to,
Muay Thai and Karate, kickboxing, wrestling, grappling, or other recognized
martial art.
Subd.
4g. Person. "Person" means an individual,
corporation, partnership, limited liability company, organization, or other
business entity organized and existing under law, its officers and directors,
or a person holding 25 percent or more of the ownership of a corporation that
is authorized to do business under the laws of this state.
Subd.
5. Professional. "Professional" means any person
who competes for any money prize or a prize that exceeds the value of $50 or
teaches, pursues, or assists in the practice of boxing a combative
sport as a means of obtaining a livelihood or pecuniary gain.
Subd.
6. Director. "Director" means the executive
director of the commission.
Subd.
7. Tough
person contest. "Tough person
contest," including contests marketed as tough man and or
tough woman contests, means any boxing match consisting a contest
of one-minute rounds two-minute rounds consisting of not more than
four rounds between two or more persons individuals who use
their hands, or their feet, or both, in any manner. Tough person contest does not include kick
boxing kickboxing or any recognized martial arts competition
contest.
Subd.
8. Mixed
martial arts. "Mixed
martial arts" means any combination of boxing, kick boxing, wrestling,
grappling, or other recognized martial arts.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
3. Minnesota Statutes 2007 Supplement,
section 341.22, is amended to read:
341.22 BOXING COMBATIVE SPORTS
COMMISSION.
There
is hereby created the Minnesota Boxing Combative Sports
Commission consisting of nine members who are citizens of this state. The members must be appointed by the
governor. One member of the commission
must be a retired judge of the Minnesota district court, Minnesota Court of
Appeals, Minnesota Supreme Court, the United States District Court for the
District of Minnesota, or the Eighth Circuit Court of Appeals, and at least three
four members must have knowledge of the boxing industry. At least four members must have knowledge of
the mixed martial arts industry. The
governor shall make serious efforts to appoint qualified women to serve on the
commission. Membership terms,
compensation of members, removal of members, the filling of membership
vacancies, and fiscal year and reporting requirements must be as provided in
sections 214.07 to 214.09. Unless
otherwise provided, the provision of staff, administrative services, and
office space; the review and processing of complaints; the setting of fees; and
other provisions relating to commission operations must be are as
provided in chapter 214. The purpose of
the commission is to protect health, promote safety, and ensure fair events.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
4. Minnesota Statutes 2006, section
341.23, is amended to read:
341.23 LIMITATIONS.
No
member of the Boxing commission may directly or indirectly promote a boxing
contest, directly or indirectly engage in the managing of a boxer
combatant, or have an interest in any manner in the proceeds from a boxing
combative sport contest.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
5. Minnesota Statutes 2007 Supplement,
section 341.25, is amended to read:
341.25 RULES.
(a)
The commission may adopt rules that include standards for the physical examination
and condition of boxers combatants and referees. Notwithstanding section 14.125, the
commission shall publish a notice of intent to adopt rules or a notice of
hearing on or before September 1, 2008.
(b)
The commission may adopt other rules necessary to carry out the purposes of
this chapter, including, but not limited to, the conduct of boxing
exhibitions, bouts, and fights, all combative sport contests and
their manner, supervision, time, and place.
Notwithstanding section 14.125, the commission shall publish a notice
of intent to adopt rules or a notice of hearing on or before September 1, 2008.
(c)
The commission must adopt unified rules for mixed martial arts contests.
(d)
The commission may adopt the rules of the Association of Boxing Commissions,
with amendments.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
6. Minnesota Statutes 2006, section
341.26, is amended to read:
341.26 MEETINGS.
The
commission shall hold a regular meeting quarterly and may hold special
meetings. Except as otherwise provided
in law, all meetings of the commission must be open to the public and
reasonable notice of the meetings must be given under chapter 13D. If compliance with section 13D.02 is
impractical, the commission may conduct a meeting of its members by telephone
or other electronic means so long as the following conditions are met:
(1)
all members of the commission participating in the meeting, wherever their
physical location, can hear one another and can hear all discussion and
testimony;
(2)
members of the public present at the regular meeting location of the commission
can hear clearly all discussion and testimony and all votes of members of the
commission and, if needed, receive those services required by sections 15.44
and 15.441;
(3)
at least one member of the commission is physically present at the regular
meeting location; and
(4)
all votes are conducted by roll call, so each member's vote on each issue can
be identified and recorded.
Each
member of the commission participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of
determining a quorum and participating in all proceedings.
If
a telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the commission, to the extent practical, shall allow a
person to monitor the meeting electronically from a remote location. The commission may require the person making
such a connection to pay for documented costs that the commission incurs as a
result of the additional connection.
If
a telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the commission shall provide notice of the regular meeting
location, of the fact that some members may participate by telephone or other
electronic means, and that a person may monitor the meeting electronically from
a remote location. The timing and
method of providing notice is governed by section 13D.04.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2007 Supplement,
section 341.27, is amended to read:
341.27 COMMISSION DUTIES.
The
commission shall:
(1)
issue, deny, renew, suspend, or revoke licenses;
(2)
make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;
(3)
keep public records of the commission open to inspection at all reasonable
times;
(4)
assist the director in the development of rules to be implemented under this
chapter;
(5)
conform to the rules adopted under this chapter; and
(6)
develop policies and procedures for regulating mixed martial arts.;
(7) immediately suspend an individual license for a
medical condition, including but not limited to a medical condition resulting
from an injury sustained during a match, bout, or contest that has been
confirmed by the ringside physician.
The medical suspension must be lifted after the commission receives
written information from a physician licensed in the home state of the licensee
indicating that the combatant may resume competition, and any other information
that the commission may by rule require.
Medical suspensions are not subject to section 214.10; and
(8)
evaluate the performance and compensation of the director, including
eligibility for salary increases, in keeping with state procedures.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
8. [341.271]
GIFT AUTHORITY.
The
commission may apply for, receive, and expend in its own name grants and gifts
of money consistent with the powers and duties specified in section
341.27. The commission may accept
gifts, bequests, grants, payments for services, and other public and private
money to help finance the activities of the commission.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
9. Minnesota Statutes 2006, section
341.28, as amended by Laws 2007, chapter 135, article 3, sections 34, 35, is
amended to read:
341.28 REGULATION OF BOXING
COMBATIVE SPORT CONTESTS.
Subdivision
1. Regulatory
authority; boxing combative sports. All professional boxing combative sport contests
are subject to this chapter. Every
contestant in a boxing contest shall wear padded gloves that weigh at least
eight ounces. The commission shall,
for every boxing combative sport contest:
(1)
direct a commission member to be present; and
(2)
direct the attending commission member to make a written report of the contest.
All boxing
combative sport contests within this state must be conducted according to
the requirements of this chapter.
Subd.
1a. Regulatory
authority; boxing contests. All
professional boxing contests are subject to this chapter. Every combatant in a boxing contest shall
wear padded gloves that weigh at least eight ounces. Officials at all boxing contests must be licensed under this
chapter.
Subd.
2. Regulatory
authority; tough person contests.
All professional and amateur tough person contests, including
amateur tough person contests, are subject to this chapter. All tough person contests are subject to American
Association of Boxing Commission (ABC) Commissions
rules. Every contestant in a tough
person contest shall have a physical examination prior to their bouts. Every contestant in a tough person contest
shall wear padded gloves that weigh at least 12 ounces. All tough person bouts are limited to
two-minute rounds and a maximum of four total rounds. Officials at all tough person bouts contests
shall be licensed under this chapter.
Subd.
3. Regulatory
authority; mixed martial arts contests; similar sporting events. All professional and amateur mixed
martial arts, ultimate fight contests, and similar sporting events are subject
to this chapter and all officials at these events must be licensed under
this chapter.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
10. Minnesota Statutes 2006, section
341.29, is amended to read:
341.29 JURISDICTION OF COMMISSION.
The
commission shall:
(1)
have sole direction, supervision, regulation, control, and jurisdiction over
all boxing combative sports contests and tough person contests
that are held within this state unless a contest is exempt from the
application of this chapter under federal law;
(2)
have sole control, authority, and jurisdiction over all licenses required by
this chapter; and
(3)
grant a license to an applicant if, in the judgment of the commission, the
financial responsibility, experience, character, and general fitness of the
applicant are consistent with the public interest, convenience, or necessity
and the best interests of boxing combative sports and conforms
with this chapter and the commission's rules.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
11. Minnesota Statutes 2006, section
341.30, is amended to read:
341.30 LICENSURE REQUIREMENTS.
Subdivision
1. Licensure;
individuals. All referees, judges,
matchmakers, promoters, trainers, ring announcers, timekeepers, ringside
physicians, boxers combatants, boxers' managers, and boxers'
seconds are required to be licensed by the commission. The commission shall not permit any of these
persons to participate in the holding or conduct of any boxing
combative sport contest unless the commission has first issued the person a
license.
Subd.
2. Entity
licensure. Before participating in
the holding or conduct of any boxing combative sport contest, a
corporation, partnership, limited liability company, or other business entity
organized and existing under law, its officers and directors, and any person
holding 25 percent or more of the ownership of the corporation shall obtain a
license from the commission and must be authorized to do business under the
laws of this state.
Subd.
3. Background
investigation. The commission may
require referees, judges, matchmakers, promoters, and boxers
combatants to furnish fingerprints and background information under
commission rules before licensure. The
commission shall charge a fee for receiving fingerprints and background
information in an amount determined by the commission. The commission may require referees, judges,
matchmakers, promoters, and boxers combatants to furnish
fingerprints and background information before license renewal. The fee may include a reasonable charge for
expenses incurred by the commission or the Department of Public Safety. For this purpose, the commission and the
Department of Public Safety may enter into an interagency agreement.
Subd.
4. Prelicensure
requirements. (a) Before the
commission issues a license to a promoter, matchmaker, corporation, or other
business entity, the applicant shall:
(1)
provide the commission with a copy of any agreement between a contestant
combatant and the applicant that binds the applicant to pay the contestant
combatant a certain fixed fee or percentage of the gate receipts;
(2)
show on the application the owner or owners of the applicant entity and the
percentage of interest held by each owner holding a 25 percent or more interest
in the applicant;
(3)
provide the commission with a copy of the latest financial statement of the
entity; and
(4)
provide the commission with a copy or other proof acceptable to the commission
of the insurance contract or policy required by this chapter.
(b)
Before the commission issues a license to a promoter, the applicant shall
deposit with the commission a cash bond or surety bond in an amount set by the
commission. The bond shall be executed
in favor of this state and shall be conditioned on the faithful performance by
the promoter of the promoter's obligations under this chapter and the rules
adopted under it. An applicant for a
license as a promoter shall submit an application a minimum of six weeks before
the combative sport contest is scheduled to occur.
(c)
Before the commission issues a license to a boxer combatant, the
applicant shall submit to the commission the results of a current medical
examination on forms furnished or approved by the commission. The medical examination must include an
ophthalmological and neurological examination, and documentation of test
results for HBV, HCV, and HIV, and any other blood test as the commission by
rule may require. The
ophthalmological examination must be designed to detect any retinal defects or
other damage or condition of the eye that could be aggravated by boxing
combative sports. The neurological
examination must include an electroencephalogram or medically superior test if
the boxer combatant has been knocked unconscious in a previous boxing
or other athletic competition contest. The commission may also order an electroencephalogram or other
appropriate neurological or
physical
examination before any contest, match, or exhibition if it determines
that the examination is desirable to protect the health of the boxer.
combatant. The commission shall not
issue a license to an applicant submitting positive test results for HBV, HCV,
or HIV.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
12. Minnesota Statutes 2006, section
341.32, as amended by Laws 2007, chapter 135, article 3, section 36, is amended
to read:
341.32 LICENSE FEES; EXPIRATION; RENEWAL.
Subdivision
1. Annual
licensure. The commission may
establish and issue annual licenses subject to the collection of advance fees
by the commission for promoters, matchmakers, managers, judges,
referees, ring announcers, ringside physicians, timekeepers, boxers
combatants, boxers' trainers, boxers' seconds, business
entities filing for a license to participate in the holding of any boxing
contest, and officers, directors, or other persons affiliated with the business
entity.
Subd. 2. Expiration and renewal. A license issued after July 1, 2007, is
valid for one year from the date it is issued and may be renewed by filing an
application for renewal with the commission and payment of the license fee
fees established in section 341.321.
An application for a license and renewal of a license must be on a form
provided by the commission. There is a
30-day grace period during which a license may be renewed if a late filing
penalty fee equal to the license fee is submitted with the regular license
fee. A licensee that files late shall
not conduct any activity regulated by this chapter until the commission has
renewed the license. If the licensee
fails to apply to the commission within the 30-day grace period, the licensee
must apply for a new license under subdivision 1.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
13. Minnesota Statutes 2007 Supplement,
section 341.321, is amended to read:
341.321 FEE SCHEDULE.
(a)
The fee schedule for professional licenses issued by the Minnesota
Boxing commission is as follows:
(1)
referees, $45 $25 for each initial license and each renewal;
(2)
promoters, $400 for each initial license and each renewal;
(3)
judges and knockdown judges, $45 $25 for each initial license and
each renewal;
(4)
trainers, $45 $25 for each initial license and each renewal;
(5)
ring announcers, $45 $25 for each initial license and each
renewal;
(6) boxers'
seconds, $45 $25 for each initial license and each renewal;
(7)
timekeepers, $45 $25 for each initial license and each renewal;
(8) boxers
combatant, $45 $25 for each initial license and each renewal;
(9)
managers, $45 $25 for each initial license and each renewal; and
(10)
ringside physicians, $45 $25 for each initial license and each
renewal.
In addition to the license
fee and the late filing penalty fee in section 341.32, subdivision 2, if
applicable, an individual who applies for a combatant license on the same day
the combative sporting event is held shall pay a fee of $100 at the time the
application is submitted.
(b) The
fee schedule for amateur licenses issued by the commission is as follows:
(1)
referees, $10 for each initial license and each renewal;
(2)
promoters, $100 for each initial license and each renewal;
(3)
judges and knockdown judges, $10 for each initial license and each renewal;
(4)
trainers, $10 for each initial license and each renewal;
(5)
ring announcers, $10 for each initial license and each renewal;
(6)
seconds, $10 for each initial license and each renewal;
(7)
timekeepers, $10 for each initial license and each renewal;
(8)
combatant, $10 for each initial license and each renewal;
(9)
managers, $10 for each initial license and each renewal; and
(10)
ringside physicians, $10 for each initial license and each renewal.
(c)
The
commission shall establish and assess an event a contest fee for
each sporting event combative sport contest. The event contest fee is set
at a minimum of $1,500 per event or a percentage not more than
four percent of the gross ticket sales as determined by the
commission when the sporting event combative sport contest is
scheduled, except that the amateur combative sport contest fee shall be $150. The commission shall consider the size
and type of venue when establishing a contest fee. The commission may establish the maximum number of complimentary
tickets allowed for each event by rule.
An amateur combative sport contest fee is nonrefundable.
(c) (d) All fees collected by the Minnesota
Boxing commission must be deposited in the Boxing commission account
in the special revenue fund.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
14. Minnesota Statutes 2006, section
341.33, is amended to read:
341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
Subdivision
1. Examination
by physician. All boxers and
referees combatants must be examined by a physician licensed by this
state within three 36 hours before entering the ring, and the
examining physician shall immediately file with the commission a written report
of the examination. The physician's
examination shall may report on the condition of the boxer's
combatant's heart and general physical and general neurological
condition. The physician's report may
record the condition of the boxer's combatant's nervous system
and brain as required by
the
commission. The physician may prohibit
the boxer combatant from entering the ring if, in the physician's
professional opinion, it is in the best interest of the boxer's
combatant's health. The cost of the
examination is payable by the person or entity conducting the contest or
exhibition.
Subd.
2. Attendance
of physician. A person holding or
sponsoring a boxing contest combative sport contest, shall have
in attendance a physician licensed by this state. The commission may establish a schedule of fees to be paid to
each attending physician by the person holding or sponsoring the contest.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
15. Minnesota Statutes 2006, section
341.34, subdivision 1, is amended to read:
Subdivision
1. Required
insurance. The commission shall:
(1)
require insurance coverage for a boxer combatant to provide for
medical, surgical, and hospital care for injuries sustained in the ring in an
amount of at least $20,000 $10,000 and payable to the boxer
combatant as beneficiary; and
(2)
require life insurance for a boxer combatant in the amount of at
least $20,000 $10,000 payable in case of accidental death
resulting from injuries sustained in the ring.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
16. Minnesota Statutes 2006, section
341.35, is amended to read:
341.35 PENALTIES FOR NONLICENSED EXHIBITIONS
CONTESTS.
Any
person or persons who send or cause to be sent, published, or otherwise made
known, any challenge to fight what is commonly known as a prize fight, or
engage in any public boxing or sparring combative sport match or
contest, with or without gloves, for any prize, reward, or compensation, or for
which any admission fee is charged directly or indirectly, or go into training
preparatory for the fight, exhibition, or contest, or act as a trainer, aider,
abettor, backer, umpire, referee, second, surgeon, assistant, or attendant at
the fight, exhibition, or contest, or in any preparation for same, and any
owner or lessee of any ground, building, or structure of any kind permitting
the same to be used for any fight, exhibition, or contest, is guilty of a
misdemeanor unless a license the licenses required for the
holding of the fight, exhibition, or contest has have been issued
by the commission in compliance with the rules adopted by it.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
17. [341.355] PENALTIES.
When
the commission finds that a person has violated one or more provisions of any
statute, rule, or order that the commission is empowered to regulate, enforce,
or issue, the commission may impose, for each violation, a civil penalty of up
to $10,000 for each violation, or a civil penalty that deprives the person of
any economic advantage gained by the violation, or both.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
18. Minnesota Statutes 2006, section
341.37, is amended to read:
341.37 APPROPRIATION.
A Boxing
commission account is created in the special revenue fund. Money in the account is annually
appropriated to the Boxing commission for the purposes of conducting its
statutory responsibilities and obligations.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
19. APPROPRIATION.
$80,000
is appropriated from the general fund to the Combative Sports Commission. The appropriation is available for the
biennium ending June 30, 2009, and is added to the commission's base.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec.
20. REPEALER.
Minnesota
Statutes 2006, section 341.31, is repealed.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to boxing; changing the name of the Minnesota Boxing
Commission; providing penalties; extending jurisdiction of the commission;
authorizing rulemaking; appropriating money; amending Minnesota Statutes 2006,
sections 341.21, as amended; 341.23; 341.26; 341.28, as amended; 341.29;
341.30; 341.32, as amended; 341.33; 341.34, subdivision 1; 341.35; 341.37;
Minnesota Statutes 2007 Supplement, sections 214.04, subdivision 3; 341.22;
341.25; 341.27; 341.321; proposing coding for new law in Minnesota Statutes,
chapter 341; repealing Minnesota Statutes 2006, section 341.31."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
H. F.
No. 3933, A bill for an act relating to state government; specifying duties and
rights of executive branch employees; providing remedies; amending Minnesota
Statutes 2007 Supplement, section 181.932, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 43A.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Thissen
from the Committee on Health and Human Services to which was referred:
H. F.
No. 3955, A bill for an act relating to human services; promoting
community-based care for older adults through the establishment of a community
consortium demonstration project; establishing a community consortium account
in the general fund to distribute pooled resources; requiring an evaluation of
the demonstration project.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section
256B.092, is amended by adding a subdivision to read:
Subd.
4e. Costs
associated with physical activities.
Effective upon federal approval, the costs associated with physical
exercise or other physical activities to maintain or improve a person's health
and functioning included in a person's individual service plan shall be an
allowed expense for home and community-based waiver programs for persons with
disabilities to the extent that the costs will not increase the person's
authorized annual budget amount. By
October 1, 2008, the commissioner of human services shall submit an amendment
to the Centers for Medicare and Medicaid Services consistent with this
subdivision.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
2. Minnesota Statutes 2006, section
256B.49, is amended by adding a subdivision to read:
Subd.
22. Costs
associated with physical activities.
Effective upon federal approval, the costs associated with physical
exercise or other physical activities to maintain or improve a person's health
and functioning included in a person's individual service plan shall be an
allowed expense for home and community-based waiver programs for persons with
disabilities to the extent that the costs will not increase the person's
authorized annual budget amount. By
October 1, 2008, the commissioner of human services shall submit an amendment
to the Centers for Medicare and Medicaid Services consistent with this
subdivision.
Sec.
3. OLDER
ADULT SERVICES COMMUNITY CONSORTIUMS.
Subdivision
1. Establishment. (a) The commissioner of human services,
in cooperation with the commissioners of health and housing finance, shall
develop and implement, beginning July 1, 2009, a three-year demonstration
project for older adult services community consortiums. An older adult services community consortium
may consist of health care and social service providers, county agencies,
health plan companies, and other community stakeholders within a demonstration
site that have established a process for joint decision making. Demonstration sites may include a portion of
a county, an entire county, or multiple counties.
(b)
Each community consortium seeking to participate as a demonstration site must
submit an application to the commissioner of human services. The application must include:
(1)
a description of the entities participating in the consortium, the scope of
collaboration, and the process to be used for joint decision making;
(2)
the methods by which the consortium plans to achieve the goals specified in
subdivision 2;
(3)
a description of the proposed demonstration site; and
(4)
other information the commissioner of human services determines to be necessary
to evaluate proposals.
(c)
The commissioner of human services shall establish a process to review and
consider applicants. The commissioner
of human services shall designate up to three community consortiums as
demonstration sites.
(d)
Each community consortium selected to participate shall establish a local group
to assist in planning, designing, implementing, and evaluating the coordinated
service delivery system within the demonstration site. Planning for each consortium shall build
upon current planning processes developed by county gaps analyses and ElderCare
Development Partnerships under Minnesota Statutes, section 256B.0917.
Subd.
2. Goals. The community consortium demonstration
project is intended to accelerate the development of community-based services
to fill in gaps identified within communities, by using a pool of funds and
providing flexibility in the use and distribution of these funds within each
demonstration site. These projects must
be designed to:
(1)
ensure consumer access to a continuum of older adult services;
(2)
create an adequate supply of affordable home-based alternatives to care for
persons currently using nursing facilities, or likely to need nursing facility
services in the future;
(3)
establish and achieve measurable performance targets for care delivered
throughout the continuum of care; and
(4)
support the management of chronic and complex conditions through greater
coordination of all services needed by older adults.
Subd.
3. Priority
for other grants. The
commissioner of health shall give priority to community consortiums selected as
demonstration sites when awarding technology-related grants, if the consortiums
are using technology as a part of their proposal. To the extent that the commissioner of the Housing Finance Agency
funds projects to create or preserve affordable housing options for older
adults, the commissioner of housing finance shall give priority to financially
feasible projects proposed or supported by community consortiums selected as
demonstration sites. The commissioner
of transportation shall give priority to community consortiums selected as
demonstration sites when distributing transportation-related funds to create
transportation options for older adults.
Subd.
4. Federal
approval. The commissioner
of human services shall request any federal approvals or waivers necessary to
implement the community consortiums under the medical assistance program and
include medical assistance funding as specified in subdivision 7 in the
community consortium account.
Subd.
5. State
waivers. The commissioner of
health may waive applicable state laws and rules on a time-limited basis if the
commissioner of health determines that a participating consortium requires a
waiver in order to achieve demonstration project goals.
Subd.
6. Quality
measures. (a) Community
consortiums participating in the demonstration project shall report information
to the commissioner of human services necessary to evaluate the demonstration
project, in the form and manner specified by the commissioners. The information collected by the
commissioner of human services must include both process and outcome measures,
including but not limited to measures related to enrollee satisfaction, service
delivery, service coordination, service access, use of technology, individual
outcomes, and costs.
(b)
Participating consortiums shall identify state policies that limit the extent
to which project goals can be achieved and recommend necessary changes to the
appropriate state agencies.
Subd.
7. Community
consortium account; financing. (a)
The commissioner of finance shall establish a community consortium account as a
special revenue account for the purpose of collecting funds for distribution to
the selected community consortiums.
Funds must be collected from the following existing grant programs
within the Departments of Health and Human Services and must be transferred as
follows to the community consortium account prior to awarding of the
demonstration grants:
(1)
ten percent of any funds appropriated for the biennium ending June 30, 2011,
for the nursing home moratorium exceptions process under Minnesota Statutes,
section 144A.073;
(2)
ten percent of the funds appropriated for the biennium ending June 30, 2011,
for community service grants under Minnesota Statutes, section 256B.0917,
subdivision 13, and community services development grants under Minnesota
Statutes, section 256.9754, subdivision 3; and
(3)
ten percent of the funds appropriated for the biennium ending June 30, 2011,
for nursing facility performance grants under Minnesota Statutes, section 256B.434,
subdivision 4, paragraph (d).
(b)
Money in the community consortium account may be used by the commissioner of
human services to provide grants to participating community consortiums.
(c)
Funds available from closure of nursing facility beds within a demonstration
site may be used by the consortium to fund consortium-related activities if the
closed beds have not been claimed as a planned closure rate adjustment under
Minnesota Statutes, section 256B.437.
(d)
The commissioner of human services, in consultation with the commissioner of
health, may approve moratorium exception projects that are part of the
applications submitted by the designated demonstration sites, using any funding
made available under paragraph (a), clause (1), and subject to the limits of
that funding. Nursing facilities
receiving approval for moratorium exception projects under this paragraph shall
receive a rate increase calculated in the same manner as facilities receiving
exceptions under Minnesota Statutes, section 144A.073, and the rate increase
shall continue to apply after the expiration of the demonstration project grant
under this section. Once grants under
this section are no longer made, any funds made available under paragraph (a),
clause (1), that are not being used by demonstration projects, shall be
transferred to the Department of Health to be used for moratorium exception
projects approved under Minnesota Statutes, section 144A.073.
Subd.
8. Evaluation
and report. The commissioner
of human services, in cooperation with the commissioners of health and housing
finance, shall evaluate the demonstration project, and report findings and
recommendations to the legislature by November 15, 2011, on whether the
demonstration project should be continued and whether the number of
demonstration project sites increased.
The evaluation and report must include:
(1)
a comparison of the performance of demonstration sites relative to
nonconsortium communities on the quality measures specified in subdivision 6;
(2)
an assessment of the extent to which the demonstration project can be
successfully expanded to other parts of the state; and
(3)
legislative changes necessary to improve the effectiveness of the demonstration
project and to expand the projects to other parts of the state.
The
commissioner of human services may use up to $50,000 of the funding provided to
each participating community consortium under this section to fund the
evaluation and report."
Delete
the title and insert:
"A
bill for an act relating to human services; promoting community-based care for
older adults through the establishment of community consortiums; providing
coverage for costs associated with physical activities for home and
community-based waiver programs for persons with disabilities; amending Minnesota
Statutes 2006, sections 256B.092, by adding a subdivision; 256B.49, by adding a
subdivision."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The report was adopted.
Lieder
from the Transportation Finance Division to which was referred:
H. F.
No. 3960, A bill for an act relating to transportation; requiring driver
education instruction relating to interaction with commercial motor vehicles;
requiring modification to driver's manual; providing for rulemaking; amending
Minnesota Statutes 2006, sections 171.0701; 171.13, by adding a subdivision.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Public Safety and Civil Justice.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
H. F.
No. 3975, A bill for an act relating to insurance; providing recovery of
damages and attorney fees for breach of an insurance policy; amending Minnesota
Statutes 2006, section 471.982, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 60A.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
Pelowski
from the Committee on Governmental Operations, Reform, Technology and Elections
to which was referred:
S. F.
No. 1218, A bill for an act relating to elections; changing certain procedures
and requirements for absent voters; providing for privacy of certain voter
registration information; providing for certain emergency situations;
authorizing rulemaking; amending Minnesota Statutes 2006, sections 201.091,
subdivision 9; 203B.16, subdivision 2; 203B.17, subdivision 2; 203B.19;
203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24; 203B.25;
203B.26; proposing coding for new law in Minnesota Statutes, chapter 203B;
repealing Minnesota Statutes 2006, section 203B.16, subdivision 3.
Reported
the same back with the following amendments:
Page
9, line 21, delete everything after the period
Page
9, delete line 22
Amend
the title as follows:
Page
1, line 4, delete "authorizing rulemaking;"
With
the recommendation that when so amended the bill pass.
The report was adopted.
Atkins
from the Committee on Commerce and Labor to which was referred:
S. F. No. 2262, A bill for an act relating to
telecommunications; repealing certain obsolete rules; repealing Minnesota
Rules, parts 7810.0800; 7810.1300; 7810.2700; 7810.4000; 7810.5700; 7810.6200;
7810.6300; 7810.6500.
Reported
the same back with the recommendation that the bill pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 2588, 2662, 2837, 2940, 2946, 3077, 3084, 3138,
3238, 3243, 3264, 3287, 3316, 3328, 3357, 3365, 3457, 3481, 3522, 3576, 3596,
3597, 3644, 3646, 3650, 3654, 3662, 3683, 3692, 3717, 3718, 3727, 3766, 3789,
3843, 3933 and 3975 were read for the second time.
SECOND READING OF SENATE BILLS
S. F. Nos. 2667, 2912, 1218 and 2262 were read for the second
time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Kahn and Paymar introduced:
H. F. No. 4061, A bill for an act relating to human rights;
establishing requirements for investigations and fulfillment of statutory
functions; appropriating money; amending Minnesota Statutes 2007 Supplement,
section 363A.06, subdivision 1.
The bill was read for the first time and referred to the
Committee on Finance.
Nelson introduced:
H. F. No. 4062, A bill for an act relating to motor fuels;
providing for tax refund on fuel used in certain auxiliary power devices;
amending Minnesota Statutes 2006, section 296A.16, subdivision 2.
The bill was read for the first time and referred to the
Committee on Taxes.
Jaros; Bly; Moe; Peterson, N., and Urdahl introduced:
H. F. No. 4063, A bill for an act relating to state government;
allowing the Indian Affairs Council to conduct meetings by telephone or by
electronic means; amending Minnesota Statutes 2007 Supplement, section 3.922,
by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
Davnie introduced:
H. F. No. 4064, A bill for an act relating to taxation;
providing tax incentives for green economy businesses; providing for
certification of qualified businesses; appropriating money; amending Minnesota
Statutes 2006, sections 272.02, by adding a subdivision; 290.01, subdivision
29; 290.06, subdivision 2c, by adding a subdivision; 290.067, subdivision 1;
290.0671, subdivision 1; 290.091, subdivision 2; 290.0921, subdivision 3;
290.0922, subdivisions 2, 3; 297A.68, by adding a subdivision; 297B.03;
Minnesota Statutes 2007 Supplement, section 290.01, subdivision 19b; proposing
coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the
Committee on Taxes.
Davnie introduced:
H. F. No. 4065, A bill for an act relating to motor vehicles;
creating special "Mississippi River" plate; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the
Committee on Finance.
Otremba introduced:
H. F. No. 4066, A bill for an act relating to veterans;
authorizing special license plates for veteran awarded silver star or bronze
star medal; amending Minnesota Statutes 2006, sections 168.011, by adding a
subdivision; 169.01, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 168.
The bill was read for the first time and referred to the
Committee on Finance.
Wagenius introduced:
H. F. No. 4067, A bill for an act relating to natural
resources; providing standards for prevention of water contamination by
nonferrous metallic mineral mining operations; specifying financial assurance
instruments required of nonferrous metallic mineral mining owners; proposing
coding for new law in Minnesota Statutes, chapter 93.
The bill was read for the first time and referred to the
Committee on Finance.
Dittrich; Peterson, S.; Benson and Garofalo introduced:
H. F. No. 4068, A bill for an act relating to education
finance; modifying distribution of permanent school fund payments; setting
growth in permanent school fund revenue aside for school technology purposes;
amending Minnesota Statutes 2006, section 126C.21, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 127A.
The bill was read for the first time and referred to the
Committee on Finance.
Hamilton and Thissen introduced:
H. F. No. 4069, A bill for an act relating to insurance;
limiting excessive co-payments on drugs to treat multiple sclerosis; proposing
coding for new law in Minnesota Statutes, chapter 62Q.
The bill was read for the first time and referred to the
Committee on Finance.
Hausman introduced:
H. F. No. 4070, A bill for an act relating to capital
improvements; appropriating money for public facilities; authorizing the sale
and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Tillberry introduced:
H. F. No. 4071, A bill for an act relating to education;
modifying safe schools levy; amending Minnesota Statutes 2007 Supplement,
section 126C.44.
The bill was read for the first time and referred to the
Committee on Finance.
Hausman introduced:
H. F. No. 4072, A bill for an act relating to capital
improvements; appropriating money for asset preservation at the University of
Minnesota and Minnesota State Colleges and Universities; authorizing the sale
and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Gunther, Thissen, Finstad, Drazkowski, Magnus, Hackbarth,
Urdahl, Nornes, Lanning, Cornish, Abeler, Tingelstad and Brod introduced:
H. F. No. 4073, A bill for an act relating to taxation; income
taxes; increasing the long-term care insurance credit; amending Minnesota
Statutes 2006, section 290.0672, subdivision 2.
The bill was read for the first time and referred to the
Committee on Taxes.
Lanning, Solberg, Olin, Koenen and Otremba introduced:
H. F. No. 4074, A bill for an act relating to state government;
appropriating money for the legislators' forum.
The bill was read for the first time and referred to the
Committee on Finance.
Olin, Sailer, Solberg, Juhnke and Hamilton introduced:
H. F. No. 4075, A bill for an act relating to agriculture;
providing requirements for cattle herds within certain areas; appropriating
money to the Board of Animal Health for the buyout of cattle herds in certain
areas; proposing coding for new law in Minnesota Statutes, chapter 35.
The bill was read for the first time and referred to the
Committee on Finance.
Beard introduced:
H. F. No. 4076, A bill for an act relating to education;
modifying Internet access equity aid; amending Minnesota Statutes 2006, section
125B.26, subdivision 4.
The bill was read for the first time and referred to the
Committee on Finance.
Paymar introduced:
H. F. No. 4077, A bill for an act relating to public safety;
appropriating money for the Departments of Public Safety and Corrections.
The bill was read for the first time and referred to the
Committee on Finance.
Hornstein introduced:
H. F. No. 4078, A bill for an act relating to metropolitan
government; providing for the additional financing of metropolitan area transit
and paratransit capital expenditures; authorizing the issuance of certain
obligations; amending Minnesota Statutes 2006, section 473.39, by adding a
subdivision.
The bill was read for the first time and referred to the
Committee on Finance.
Madore introduced:
H. F. No. 4079, A bill for an act relating to health;
appropriating money for a cost analysis on health care reform plans.
The bill was read for the first time and referred to the
Committee on Finance.
Hilty, Dill and Tschumper introduced:
H. F. No. 4080, A bill for an act relating to health; exempting
environmental learning centers from certain space requirements; amending
Minnesota Statutes 2006, section 84.0875.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Emmer introduced:
H. F. No. 4081, A bill for an act relating to health; requiring
the commissioner to provide certain registry and surveillance information to
the public; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Laine and Madore introduced:
H. F. No. 4082, A bill for an act relating to health; requiring
prescription information be kept confidential; proposing coding for new law in
Minnesota Statutes, chapter 151.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Rukavina, Clark and Hilty introduced:
H. F. No. 4083, A bill for an act relating to insurance;
regulating the use of credit scores, insurance scores, and other credit
information; amending Minnesota Statutes 2006, sections 72A.20, subdivision 36;
72A.499, subdivision 1; 72A.501, subdivision 2.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Beard introduced:
H. F. No. 4084, A bill for an act relating to transportation;
requiring commissioner of transportation to consider insurance standards in
road construction; reclassifying certain trucks and vans for vehicle
registration purposes; prescribing method of registration of spotter trucks;
modifying provisions relating to registration of special mobile equipment;
requiring study of complete streets policy; amending Minnesota Statutes 2006,
sections 162.02, by adding a subdivision; 168.011, subdivisions 7, 22, by
adding a subdivision; 168.013, subdivision 1e; 168.28; 168A.01, subdivision 21;
proposing coding for new law in Minnesota Statutes, chapter 169.
The bill was read for the first time and referred to the
Transportation Finance Division.
Murphy, M., introduced:
H. F. No. 4085, A bill for an act relating to retirement;
clarifying certain correctional plan covered positions; making technical
changes; amending Minnesota Statutes 2006, section 352.91, subdivisions 1, 2,
3c, 3g, 4a; Minnesota Statutes 2007 Supplement, section 352.91, subdivisions
3d, 3e, 3f.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Erickson introduced:
H. F. No. 4086, A bill for an act relating to State Lottery;
authorizing the director of the State Lottery to establish video lottery
terminals; providing duties and powers to the director of the State Lottery;
providing for the use of video lottery revenues; modifying certain lawful
gambling taxes; making clarifying, conforming, and technical changes; amending
Minnesota Statutes 2006, sections 297A.94; 297E.02, subdivision 1; 299L.02,
subdivision 1; 299L.07, subdivisions 2, 2a; 340A.410, subdivision 5; 349.15,
subdivision 1, as amended; 349A.01, subdivisions 10, 11, 12, by adding
subdivisions; 349A.04; 349A.06, subdivisions 1, 5, 8, 10, by adding
subdivisions; 349A.08, subdivisions 1, 5, 8; 349A.09, subdivision 1; 349A.10,
subdivisions 2, 3, 4, 6; 349A.11, subdivision 1; 349A.12, subdivisions 1, 2;
349A.13; 541.20; 541.21; 609.651, subdivision 1; 609.75, subdivisions 3, 4;
609.761, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 297A; 349A; repealing Minnesota Statutes 2006, sections 297E.01,
subdivision 7; 297E.02, subdivisions 4, 6, 7.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Shimanski; Erickson; Seifert; Cornish; Drazkowski; Ruth; Beard;
Anderson, B.; Dettmer; Olson; Emmer; Kohls; Brod; Gottwalt and Urdahl
introduced:
H. F. No. 4087, A bill for an act relating to public safety;
establishing English as the official state language; providing for laws
concerning illegal immigration; providing for criminal penalties; providing for
rulemaking; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 1; 299A.
The bill was read for the first time and referred to the
Committee on Public Safety and Civil Justice.
Kahn, Davnie, Clark, Hornstein and Paymar introduced:
H. F. No. 4088, A bill for an act relating to state and local
government; prohibiting certain place names; proposing coding for new law in
Minnesota Statutes, chapter 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
Brod introduced:
H. F. No. 4089, A bill for an act relating to health;
establishing the Legislative Commission on Autism.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Hornstein introduced:
H. F. No. 4090, A bill for an act relating to mental health;
creating a mental health fatality review team; appropriating money.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Norton introduced:
H. F. No. 4091, A bill for an act relating to health;
establishing a health coverage subsidy program for eligible small employers and
employees and dependents; proposing coding for new law as Minnesota Statutes,
chapter 62U.
The bill was read for the first time and referred to the
Committee on Health and Human Services.
Hackbarth introduced:
H. F. No. 4092, A bill for an act relating to game and fish;
proposing an amendment to the Minnesota Constitution, article XI, to dedicate a
portion of the sales tax on hunting and fishing supplies and equipment to game
and fish purposes; establishing the quality wildlife initiative fund and
council; repealing sales tax on fur clothing; amending Minnesota Statutes 2006,
sections 297A.61, by adding a subdivision; 297A.94; proposing coding for new
law in Minnesota Statutes, chapter 97A; repealing Minnesota Statutes 2006,
section 295.60.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
Anderson, S., introduced:
H. F. No. 4093, A bill for an act relating to transportation;
allowing fuel-efficient vehicles to be operated on high-occupancy vehicle
lanes; amending Minnesota Statutes 2006, section 160.93, subdivision 4, by
adding a subdivision.
The bill was read for the first time and referred to the
Transportation Finance Division.
Murphy, E., introduced:
H. F. No. 4094, A bill for an act relating to environment;
modifying requirements for burning refuse-derived fuel in a solid waste fired
boiler; amending Minnesota Statutes 2006, section 116.90, subdivision 1, by
adding a subdivision; repealing Minnesota Statutes 2006, section 116.90,
subdivision 2.
The bill was read for the first time and referred to the
Committee on Environment and Natural Resources.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House Files, herewith returned:
H. F. No. 2827, A bill for an act relating to local government;
amending county historical society funding; amending Minnesota Statutes 2006,
section 138.053.
H. F. No. 1219, A bill for an act relating to transportation;
removing sunset date for weight exemptions for certain milk trucks; amending
Minnesota Statutes 2006, section 169.87, subdivision 4.
Patrice Dworak, First Assistant Secretary of the Senate
Madam 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. 2553, A bill for an act relating to state government;
creating a catastrophe survivor compensation fund; appropriating money;
amending Minnesota Statutes 2006, section 13.635, by adding a subdivision;
proposing coding for new law as Minnesota Statutes, chapter 8A.
Patrice Dworak, First Assistant Secretary of the Senate
Winkler moved that the House refuse to concur in the Senate
amendments to H. F. No. 2553, that the Speaker appoint a
Conference Committee of 5 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.
Madam Speaker:
I hereby announce the adoption by the Senate of the following
Senate Concurrent Resolution, herewith transmitted:
Senate Concurrent Resolution No. 10, A Senate concurrent
resolution relating to adjournment for more than three days.
Patrice Dworak, First Assistant Secretary of the Senate
SUSPENSION
OF RULES
Sertich moved that the rules be so far suspended that Senate
Concurrent Resolution No. 10 be now considered and be placed upon its
adoption. The motion prevailed.
SENATE
CONCURRENT RESOLUTION NO. 10
A Senate concurrent resolution relating to adjournment for more
than three days.
Be It Resolved, by the Senate of the State of Minnesota,
the House of Representatives concurring:
1. Upon their
adjournments on Wednesday, March 19, 2008, the Senate and House of
Representatives may each set its next day of meeting for Tuesday, March 25,
2008.
2. Each house consents
to adjournment of the other house for more than three days.
Sertich moved that Senate Concurrent Resolution No. 10 be now
adopted. The motion prevailed and
Senate Concurrent Resolution No. 10 was adopted.
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate Files, herewith transmitted:
S. F. Nos. 3161, 3286, 3323 and 3364.
Patrice Dworak, First Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 3161, A bill for an act relating to highways; making
changes to state highway system.
The bill was read for the first time and referred to the Transportation
Finance Division.
S. F. No. 3286, A bill for an act relating to health; changing
information required for filing a complaint with a health plan company;
amending Minnesota Statutes 2006, section 62Q.69, subdivision 2.
The bill was read for the first time.
Hosch moved that S. F. No. 3286 and H. F. No. 3649, now on the
General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3323, A bill for an act relating to health; changing
a provision for federally qualified health centers; amending Minnesota Statutes
2007 Supplement, section 145.9269, subdivision 2.
The bill was read for the first time.
Loeffler moved that S. F. No. 3323 and H. F. No. 3412, now on
the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3364, A bill for an act relating to state government;
changing provisions of the Commission of Deaf, Deaf-blind and Hard-of-Hearing
Minnesotans; amending Minnesota Statutes 2006, section 256C.28, as amended.
The bill was read for the first time and referred to the
Committee on Governmental Operations, Reform, Technology and Elections.
REPORT
FROM THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Calendar for the Day for Monday, March 17, 2008:
H. F. Nos. 3240 and 2582.
CALENDAR FOR THE DAY
H. F. No. 117, A bill for an act relating to courts; modifying
personal jurisdiction over foreign corporations and nonresident individuals in
certain matters; amending Minnesota Statutes 2006, section 543.19, subdivision
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 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 2898, A bill for an act relating to insurance;
regulating claim denials under aviation liability coverage; amending Minnesota
Statutes 2006, section 60A.081, subdivision 1; Minnesota Statutes 2007
Supplement, section 360.59, subdivision 10.
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 129 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 3411, A bill for an act relating to motor fuels; updating
standards for petroleum products; providing for use of number to advertise
grade of gasoline; amending Minnesota Statutes 2006, sections 239.751, by
adding a subdivision; 296A.01, subdivisions 19, 35; Minnesota Statutes 2007
Supplement, sections 239.761; 239.77, subdivision 1; 296A.01, subdivisions 7,
8, 8a, 14, 20, 23, 24, 25, 26, 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 130 yeas and 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
H. F. No. 3515 was reported to the House.
Emmer moved to amend H. F.
No. 3515 as follows:
Page 1, after line 21,
insert:
"Sec. 2. Minnesota Statutes 2006, section 115C.07, is
amended by adding a subdivision to read:
Subd. 4. Fee suspension. The commissioner of revenue may not
impose the fee on petroleum under this chapter if the commissioner determines
that the average retail price of gas in Minnesota exceeds $4 per gallon in the
preceding month."
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 Emmer amendment and the roll was
called. There were 39 yeas and 89 nays
as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Dittrich
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kranz
Lanning
McFarlane
Nornes
Olson
Otremba
Peppin
Ruth
Seifert
Severson
Shimanski
Smith
Tingelstad
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Ozment
Paulsen
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Wollschlager
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
H. F. No. 3515, A bill for an act relating to environment;
providing for publication of adjustments to costs announced by the Petroleum
Tank Release Compensation Board; amending Minnesota Statutes 2006, section
115C.07, 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 113 yeas and 17
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Demmer
Dill
Dittrich
Dominguez
Doty
Eken
Erhardt
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
Dettmer
Drazkowski
Eastlund
Emmer
Erickson
Finstad
Gottwalt
Holberg
Olson
Peppin
Shimanski
Smith
Zellers
The bill was passed and its title agreed to.
H. F. No. 2582, A bill for an act relating to veterans;
designating March 29 as Vietnam Veterans Day; proposing coding for new law in
Minnesota Statutes, chapter 197.
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 0
nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
The bill was passed and its title agreed to.
Sertich moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 2553:
Winkler, Kahn, Solberg, Simon and DeLaForest.
MOTIONS AND RESOLUTIONS
Hilty moved that the name of Sailer be added as an author on
H. F. No. 995. The
motion prevailed.
Thissen moved that the name of Paulsen be added as an author on
H. F. No. 1189. The
motion prevailed.
Severson moved that the name of Wardlow be added as an author
on H. F. No. 1261. The
motion prevailed.
Otremba moved that her name be stricken as an author on
H. F. No. 1724. The
motion prevailed.
Pelowski moved that the name of Olson be added as an author on
H. F. No. 2007. The
motion prevailed.
Westrom moved that the name of Olson be added as an author on
H. F. No. 2687. The
motion prevailed.
Cornish moved that the name of Koenen be added as an author on
H. F. No. 2722. The
motion prevailed.
Paymar moved that the name of Hornstein be added as an author
on H. F. No. 2996. The
motion prevailed.
Atkins moved that the name of Hansen be added as an author on
H. F. No. 3163. The
motion prevailed.
Simon moved that the name of Slocum be added as an author on
H. F. No. 3331. The
motion prevailed.
Moe moved that the name of Ward be added as an author on
H. F. No. 3356. The
motion prevailed.
Fritz moved that the names of Tschumper and Morrow be added as
authors on H. F. No. 3400.
The motion prevailed.
Mullery moved that the name of Hornstein be added as an author
on H. F. No. 3407. The
motion prevailed.
Dettmer moved that the name of Olson be added as an author on
H. F. No. 3427. The
motion prevailed.
Mullery moved that the name of Dominguez be added as an author
on H. F. No. 3475. The
motion prevailed.
Kohls moved that the name of Ruud be added as an author on
H. F. No. 3476. The
motion prevailed.
Bigham moved that the name of Greiling be added as an author on
H. F. No. 3505. The
motion prevailed.
Simon moved that "by request" be added after his name
on H. F. No. 3555. The
motion prevailed.
Simon moved that "by request" be added after his name
on H. F. No. 3556. The
motion prevailed.
Johnson moved that the name of Hornstein be added as an author
on H. F. No. 3583. The
motion prevailed.
Dettmer moved that the name of Olson be added as an author on
H. F. No. 3660. The
motion prevailed.
Simon moved that "by request" be added after his name
on H. F. No. 3701. The
motion prevailed.
Hortman moved that the name of Haws be added as an author on
H. F. No. 3752. The
motion prevailed.
Swails moved that her name be stricken as an author on
H. F. No. 3780. The
motion prevailed.
Hornstein moved that the names of McFarlane and Zellers be
added as authors on H. F. No. 3780. The motion prevailed.
Simon moved that "by request" be added after his name
on H. F. No. 3787. The
motion prevailed.
Murphy, E., moved that the name of Lesch be added as an author
on H. F. No. 3801. The
motion prevailed.
Clark moved that the name of Haws be added as an author on
H. F. No. 3821. The
motion prevailed.
Hornstein moved that the name of Slocum be added as an author
on H. F. No. 3896. The
motion prevailed.
Paulsen moved that the name of Lenczewski be added as an author
on H. F. No. 3919. The
motion prevailed.
Thissen moved that the name of Slocum be added as an author on
H. F. No. 3925. The
motion prevailed.
Thissen moved that the name of Slocum be added as an author on
H. F. No. 3926. The
motion prevailed.
Thissen moved that the name of Slocum be added as an author on
H. F. No. 3927. The
motion prevailed.
Moe moved that the name of Ruud be added as an author on
H. F. No. 3935. The
motion prevailed.
Kalin moved that the name of Tingelstad be added as an author
on H. F. No. 3953. The
motion prevailed.
Moe moved that the name of Slocum be added as an author on
H. F. No. 3956. The
motion prevailed.
Ward moved that the name of Slocum be added as an author on
H. F. No. 3959. The
motion prevailed.
Juhnke moved that the name of Magnus be added as an author on
H. F. No. 3981. The
motion prevailed.
Winkler moved that the name of Slocum be added as an author on
H. F. No. 3990. The
motion prevailed.
Bunn moved that the name of McNamara be added as an author on
H. F. No. 3997. The motion
prevailed.
Davnie moved that the name of Slocum be added as an author on
H. F. No. 3998. The
motion prevailed.
Davnie moved that the name of Slocum be added as an author on
H. F. No. 3999. The
motion prevailed.
Davnie moved that the name of Kalin be shown as chief author on
H. F. No. 3999. The
motion prevailed.
Thissen moved that the name of Slocum be added as an author on
H. F. No. 4002. The
motion prevailed.
Smith moved that the names of Kalin and Peterson, S., be added
as authors on H. F. No. 4011.
The motion prevailed.
Mullery moved that the name of Dominguez be added as an author
on H. F. No. 4012. The
motion prevailed.
Hornstein moved that the name of Slocum be added as an author
on H. F. No. 4015. The
motion prevailed.
Hornstein moved that the name of Slocum be added as an author
on H. F. No. 4016. The
motion prevailed.
Cornish moved that the name of Brod be added as an author on
H. F. No. 4026. The
motion prevailed.
Hausman moved that the name of Slocum be added as an author on
H. F. No. 4034. The
motion prevailed.
Olin moved that the name of Magnus be added as an author on
H. F. No. 4038. The
motion prevailed.
Slawik moved that the name of Lillie be added as an author on
H. F. No. 4039. The
motion prevailed.
Emmer moved that the name of Olson be added as an author on
H. F. No. 4043. The
motion prevailed.
Hortman moved that the names of Slocum and Liebling be added as
authors on H. F. No. 4046.
The motion prevailed.
Hortman moved that the names of Slocum and Liebling be added as
authors on H. F. No. 4047.
The motion prevailed.
Hortman moved that the names of Slocum and Liebling be added as
authors on H. F. No. 4048.
The motion prevailed.
Laine moved that the name of Slocum be added as an author on
H. F. No. 4049. The
motion prevailed.
Sailer moved that the name of Gardner be added as an author on
H. F. No. 4051. The
motion prevailed.
Wardlow moved that the name of Slocum be added as an author on
H. F. No. 4053. The
motion prevailed.
Dettmer moved that the name of Hamilton be added as an author
on H. F. No. 4054. The
motion prevailed.
Loeffler moved that H. F. No. 3199 be recalled
from the Committee on Health and Human Services and be re‑referred to the
Committee on Finance. The motion prevailed.
Gardner moved that H. F. No. 3238, now on the
General Register, be re-referred to the Committee on Finance. The motion prevailed.
Mariani moved that H. F. No. 3316, now on the
General Register, be re-referred to the Committee on Governmental Operations,
Reform, Technology and Elections. The
motion prevailed.
Walker moved that H. F. No. 3616 be recalled
from the Committee on Health and Human Services and be re‑referred to the
Committee on Finance. The motion
prevailed.
Walker moved that H. F. No. 3618 be recalled
from the Committee on Health and Human Services and be re‑referred to the
Committee on Finance. The motion
prevailed.
Fritz moved that H. F. No. 4014 be recalled from
the Committee on Finance and be re-referred to the Committee on Local
Government and Metropolitan Affairs.
The motion prevailed.
TAKEN FROM THE TABLE
Hornstein moved that H. F. No. 1351, which was laid on the
table pursuant to Joint Rule 3.02(a), be taken from the table, that the Speaker
appoint a Conference Committee of 5 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.
ANNOUNCEMENT BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 1351:
Hornstein, Nelson, Madore, Hortman and Ruth.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 12:00 noon, Tuesday, March 18, 2008.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:00 noon, Tuesday, March 18, 2008.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives