STATE OF MINNESOTA
EIGHTY-FIFTH SESSION - 2007
_____________________
SIXTY-SECOND DAY
Saint Paul, Minnesota, Friday, May 4, 2007
The House of Representatives convened at 10:00 a.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by Deacon Carl Valdez, Pastoral Associate,
Church of the Assumption, Richfield, 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, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Anderson, B.; Holberg and Pelowski were excused.
Olson was excused until 12:00 noon.
The Chief Clerk proceeded to read the Journal of the preceding
day. Wollschlager 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. 1398 and
H. F. No. 1589, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Murphy, E., moved that the rules be so far suspended that
S. F. No. 1398 be substituted for H. F. No. 1589
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
May 1, 2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning Chapter No. 38, H. F. No.
886. The bill authorizes more than four
times more spending on projects than I requested and is simply too large.
In odd numbered years, our Minnesota tradition and expectation
is that bonding bills address emergency needs and consensus items. The DFL majority exercised no restraint in
passing this bill.
Your disregard for this limited agenda is very unfortunate
because many fine projects may be delayed.
Emergency needs such as Browns Valley, meritorious items such as the
Veterans Memorial, and previously agreed upon projects such as the Duluth
Entertainment Convention Center should have been easily passed in this
session. I hope you will address these
issues and my other concerns immediately.
I have repeatedly communicated my expectations about the timing
and the composition of the bill. This
situation is unfortunate and should have been avoided.
Sincerely,
Tim Pawlenty
Governor
MOTION TO OVERRIDE VETO
Kohls moved that H. F. No. 886, Chapter No. 38, be now
reconsidered and repassed, the objections of the Governor notwithstanding,
pursuant to Article IV, Section 23, of the Constitution of the State of
Minnesota.
Sertich moved to lay the Kohls motion on the table.
A roll call was requested and properly seconded.
The question was taken on the Sertich motion and the roll was
called. There were 82 yeas and 46 nays
as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Urdahl
Wardlow
Westrom
Wollschlager
Zellers
The motion prevailed.
STATE
OF MINNESOTA
OFFICE
OF THE GOVERNOR
SAINT
PAUL 55155
May 3,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The State of Minnesota
Dear Speaker Kelliher:
I have vetoed and am returning Chapter No. 31, H. F. No. 881, a
bill that amends the Metropolitan Land Planning Act and eliminates the existing
Legislative Commission on Metropolitan Government.
In anticipation of the next round of local government
comprehensive plan updates, the Metropolitan Council has been working with
local governments to streamline planning process and make it more
effective. Although it would be
beneficial to have these modifications to the Metropolitan Land Planning Act
enacted to assist in the planning process, I have vetoed Chapter No. 31 because
it would eliminate the Legislative Commission on Metropolitan Government. This provision was added to the bill by the
Senate and was not part of the House's original legislation.
As you are aware, I supported the creation of the Legislative
Commission on Metropolitan Government when it was established. The commission provides a necessary
bipartisan means for the legislature to work with the Metropolitan Council and
local governments on regional planning.
This Commission also reviews the Metropolitan Council's budget, which
includes millions of dollars of state appropriations. This Commission has not burdened the daily operations of the
Metropolitan Council, but has provided reasonable degree of oversight to ensure
that the appropriate balance is reached between regional and local needs.
I encourage the legislature to pass the Metropolitan Council's
agency initiative that amends the Metropolitan Land Planning Act, but without
the provision eliminating the Legislative Commission on Metropolitan
Government.
Sincerely,
Tim Pawlenty
Governor
SECOND READING OF SENATE BILLS
S. F. No. 1398 was read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Tschumper introduced:
H. F. No. 2464, A bill for an act relating to public finance;
increasing the limit on debt for county capital improvement projects; requiring
a referendum on revenue bonding for a project that could be implemented under
the county capital improvement program and will be leased to or used by the
county; amending Minnesota Statutes 2006, sections 373.40, subdivision 4;
475.58, subdivision 1.
The bill was read for the first time and referred to the
Committee on Taxes.
Doty introduced:
H. F. No. 2465, A bill for an act relating to highways;
appropriating money to reconstruct highway 25 through city of Pierz;
authorizing sale of trunk highway bonds.
The bill was read for the first time and referred to the
Committee on Finance.
Doty introduced:
H. F. No. 2466, A bill for an act relating to capital
improvements; appropriating money for a tornado siren in the city of Buckman;
authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the
Committee on Finance.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
Senate File, herewith transmitted:
S. F. No. 345.
Patrice Dworak, First Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 345, A bill for an act relating to health; providing
for the medical use of marijuana; providing civil and criminal penalties;
appropriating money; amending Minnesota Statutes 2006, section 13.3806, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 152.
The bill was read for the first time and referred to the
Committee on Ways and Means.
The following Conference Committee Report was received:
CONFERENCE
COMMITTEE REPORT ON H. F. No. 829
A bill for an act relating to state government; appropriating
money for public safety and corrections initiatives, courts, public defenders,
tax court, Uniform Laws Commission and Board on Judicial Standards; providing
certain general criminal and sentencing provisions; regulating DWI and driving
provisions; modifying or establishing various provisions relating to public
safety; providing for residency documentation; regulating corrections, the
courts, and emergency communications; regulating scrap metal dealers; modifying
certain law enforcement, insurance, human services, and public defense
provisions; providing immunity from certain civil liability; establishing
reduced ignition propensity standards for cigarettes; providing conditional
repeals of certain laws; providing penalties; amending Minnesota Statutes 2006,
sections 2.722, subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1;
13.87, subdivision 1; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2;
16C.23, subdivision 2; 168.012, subdivision 1; 169.13, by adding a subdivision;
169.471, subdivision 2; 169A.275, by adding a subdivision; 169A.51, subdivision
7; 171.09, subdivision 1; 171.12, by adding a subdivision; 171.55; 241.016,
subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69,
subdivisions 3, 4; 243.167, subdivision 1; 243.55, subdivision 1; 244.05, by
adding a subdivision; 245.041; 253B.09, subdivision 3a; 260B.007, by adding a subdivision;
260B.125, subdivision 1; 260B.130, subdivision 1; 260B.141, subdivision 4;
260B.198, subdivision 6; 260C.193, subdivision 6; 270A.03, subdivision 5;
299A.641, subdivision 2; 299C.65, subdivisions 2, 5; 302A.781, by adding a
subdivision; 325E.21; 352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08,
subdivisions 6, 7; 401.15, subdivision 1; 403.07, subdivision 4; 403.11,
subdivision 1, by adding subdivisions; 403.31, subdivision 1; 484.54,
subdivision 2; 484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2;
518A.35, subdivision 3; 518B.01, subdivisions 6a, 22; 548.091, subdivision 1a;
549.09, subdivision 1; 563.01, by adding a subdivision; 590.05; 595.02,
subdivision 1; 609.02, subdivision 16; 609.055; 609.135, subdivision 8, by
adding a subdivision; 609.15, subdivision 1; 609.21, subdivisions 1, 4a, 5, by
adding subdivisions; 609.221, subdivision 2; 609.2232; 609.341, subdivision 11;
609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3;
609.3455, subdivision 4, by adding a subdivision; 609.352; 609.505, subdivision
2; 609.581, by adding subdivisions; 609.582, subdivision 2; 609.595,
subdivisions 1, 2; 609.748, subdivisions 1, 5; 609.75, subdivision 8, by adding
subdivisions; 611.14; 611.20, subdivision 6; 611.215, subdivisions 1, 1a;
611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions 2, 7; 611.27,
subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7; 611A.675,
subdivisions 1, 2, 3, 4, by adding a subdivision; 626.5572, subdivision 21;
634.15, subdivisions 1, 2; 641.05; 641.15, by adding a subdivision; 641.265,
subdivision 2; Laws 2001, First Special Session chapter 8, article 4, section
4; Laws 2003, First Special Session chapter 2, article 1, section 2; proposing
coding for new law in Minnesota Statutes, chapters 72A; 171; 241; 299A; 299F;
357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota Statutes 2006,
sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85, subdivision 2;
260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21, subdivisions
2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First Special
Session chapter 6, article 3, section 91.
May 3,
2007
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We,
the undersigned conferees for H. F. No. 829 report that we have agreed upon the
items in dispute and recommend as follows:
That
the Senate recede from its amendments and that H. F. No. 829 be further amended
as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
APPROPRIATIONS
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this act.
2008 2009 Total
General $923,045,000 $953,879,000 $1,876,924,000
State Government Special
Revenue 55,688,000 50,392,000 106,080,000
Environmental Fund 67,000 69,000 136,000
Special
Revenue Fund
Trunk Highway 367,000 373,000 740,000
Total $991,141,000 $1,019,727,000 $2,010,918,000
Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this act mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first
year" is fiscal year 2008.
"The second year" is fiscal year 2009. "The biennium" is fiscal years
2008 and 2009. Appropriations for the
fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. SUPREME COURT
Subdivision 1. Total Appropriation $44,592,000 $45,923,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Judicial Salaries.
Effective July 1, 2007, and
July 1, 2008, the salaries of justices of the supreme court and judges of the
court of appeals and district court are increased by three percent.
Subd. 3. Supreme Court Operations 31,292,000 32,623,000
Contingent
Account. $5,000 each year is for a
contingent account for expenses necessary for the normal operation of the court
for which no other reimbursement is provided.
Subd. 4. Civil Legal Services 13,300,000 13,300,000
Base
Budget. The base budget for civil legal services is $12,320,000 each year for
fiscal years 2010 and 2011.
Legal
Services to Low-Income Clients in Family Law Matters. Of this appropriation, $877,000 each year is to improve the access of
low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services programs
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph
(a). Any unencumbered balance remaining
in the first year does not cancel and is available in the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 4. COURT OF APPEALS $9,766,000 $10,620,000
Caseload
Increase. $1,285,000 the first year and $1,876,000 the second year are for
caseload increases. This money must be
used for three additional judge units, an additional staff attorney, 2.67
additional full-time equivalent law clerk positions, and for retired judges.
Sec. 5. TRIAL COURTS $246,077,000 $254,916,000
New Judge
Units. $1,792,000 the first year and $3,241,000
the second year are for an increase in judge units, including three trial court
judge units in the First Judicial District, one trial court judge unit in the
Seventh Judicial District, one trial court judge unit in the Ninth Judicial District
and two trial court judge units in the Tenth Judicial District. These new judge units begin on January 1,
2008. Each judge unit consists of a
judge, law clerk, and court reporter.
Maintain
and Expand Drug Courts. $2,096,000 the first year and $2,097,000 the second year are to
maintain and to establish new drug courts.
Guardian Ad
Litem Services. $1,260,000 the first year and $1,629,000 the second year are for
guardian ad litem services.
Interpreter
Services. $606,000 the first year and $777,000 the second year are for
interpreter services.
Psychological
Services. $1,531,000 the first year and $2,151,000 the second year are for
psychological services.
In Forma
Pauperis Services. $178,000 each year is for in forma pauperis services.
Sec. 6. TAX COURT $794,000 $825,000
Sec. 7. UNIFORM LAWS COMMISSION $58,000 $52,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 8. BOARD ON JUDICIAL STANDARDS $450,000 $460,000
Investigative
and Hearing Costs. $125,000 each year is for
special investigative and hearing costs for major disciplinary actions
undertaken by the board. This
appropriation does not cancel. Any
encumbered and unspent balances remain available for these expenditures in
subsequent fiscal years.
Sec. 9. BOARD OF PUBLIC DEFENSE $66,348,000 $69,519,000
District
Public Defense Caseload Increase. $3,213,000
the first year and $5,009,000 the second year are for 34 new full-time
equivalent attorneys and 11 new full-time equivalent support staff positions to
address caseload increases. Of this
amount, $200,000 each year is for transcript costs.
Sec. 10. PUBLIC SAFETY
Subdivision 1. Total Appropriation $152,112,000 $152,706,000
Appropriations by
Fund
2008 2009
General 89,202,000 92,026,000
Special Revenue 6,788,000 9,846,000
State Government
Special Revenue 55,688,000 50,392,000
Environmental 67,000 69,000
Trunk Highway 367,000 373,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Emergency Management 2,687,000 2,698,000
Appropriations by
Fund
General 2,620,000 2,629,000
Environmental 67,000 69,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Pandemic
Flu Coordinator. $75,000 each year is for one
position to coordinate state readiness for a pandemic flu event. This is a onetime appropriation.
Subd. 3. Criminal Apprehension 44,606,000 46,565,000
Appropriations by
Fund
General 43,787,000 45,726,000
Special Revenue 445,000 459,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 367,000 373,000
Cooperative
Investigation of Cross-Jurisdictional Criminal Activity. $93,000 each year is appropriated from the Bureau of
Criminal Apprehension account in the special revenue fund for grants to local
officials for the cooperative investigation of cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not cancel but is available for the second
year.
Laboratory
Activities. $352,000 the first year and
$366,000 the second year are appropriated from the Bureau of Criminal
Apprehension account in the special revenue fund for laboratory activities.
DWI Lab
Analysis. Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $367,000 the first year and $373,000
the second year are appropriated from the trunk highway fund for laboratory
analysis related to driving-while-impaired cases.
CriMNet
Justice Information Integration. $2,635,000
the first year and $2,760,000 the second year are for statewide information
integration policies. The base for this
appropriation in fiscal year 2010 shall be $2,032,000.
Policy
Group; Report. The criminal and juvenile
justice information policy group shall study funding sources other than the
general fund for new CriMNet costs and present its ideas to the house of
representatives and senate committees having jurisdiction over criminal justice
policy and funding by January 15, 2008.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Forensic
Scientists. $509,000 the first year and
$1,411,000 the second year are for new forensic scientists in the Bureau of
Criminal Apprehension Forensic Science Laboratory. If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
Crime Labs
and Crime Strike Task Forces; Working Group. The commissioner of public safety shall convene a
working group to study and prepare a report on the appropriateness of
additional regional forensic crime laboratories and regional crime strike task
forces. The commissioner must consult
with the chairs of the legislative committees with responsibility for public
safety finance on the membership of the working group. The Forensic Laboratory Advisory Board,
established under Minnesota Statutes, section 299C.156, and the Gang and Drug
Oversight Council, established under section 299A.641, must provide advice and
assistance to the commissioner and the working group as requested by the
commissioner. The working group must
submit its report and recommendations to the house of representatives and
senate committees with responsibility for public safety finance by February 1,
2008.
Subd. 4. Fire Marshal 6,193,000 9,234,000
This appropriation is from
the fire safety account in the special revenue fund.
Of this amount, $3,330,000
the first year and $6,300,000 the second year are for activities under
Minnesota Statutes, section 299F.012.
Subd. 5. Alcohol and Gambling Enforcement
1,792,000 1,838,000
Appropriations by
Fund
General 1,642,000 1,685,000
Special Revenue 150,000 153,000
Subd. 6. Office of Justice Programs 41,153,000 41,986,000
Crime
Victim Reparations. $250,000 each year is to
increase the amount of funding for crime victim reparations.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Emergency
Assistance Grants. $100,000 each year is for
grants under Minnesota Statutes, section 611A.675. This is a onetime appropriation.
Gang and
Drug Task Force. $600,000 the first year and
$1,900,000 the second year are for grants to the Gang and Drug Task Force.
Victim
Notification System. $455,000 each year is for
the continuation of the victim information and notification everyday (VINE)
service.
Supervised
Parenting Grants. $200,000 each year are for
grants to organizations that provide supervised parenting time services to
parents and children in Minnesota. The
commissioner shall establish grant evaluation and award criteria for the program
and ensure that grant recipients operate in a manner consistent with standards
and guidelines promulgated by the Supervised Visitation Network. Any portion of the appropriation for the
first year that is not used in that year is available for grants in the second
year. This is a onetime appropriation.
Child
Advocacy Center Grants. $50,000 each year is for
child advocacy center grants under section 18.
This is a onetime appropriation.
Squad Car
Cameras. $500,000 each year is for
grants to enable local law enforcement agencies to make squad car camera
technology upgrades or acquisitions. Of
this amount, $250,000 each year for the first two years is for a grant to the
city of Minneapolis.
To be eligible for an
acquisition grant, law enforcement agencies shall provide a 25 percent
match. No match is required for upgrade
grants.
The base budget for these
grants is $500,000 in fiscal year 2010.
The base budget for the grants is $0 for fiscal years 2011 and
thereafter.
Crime
Victim Support Grant. $100,000 each year is for a
grant to a nonprofit organization dedicated to providing immediate and
long-term emotional support and practical help for the families and friends of
individuals who have died by homicide, suicide, or accident. This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Auto Theft
Emergency Grant. $75,000 each year is for
grants under Minnesota Statutes, section 611A.675, subdivision 1, clause
(6). This is a onetime appropriation.
Crime
Victims. $1,700,000 each year is to
increase funding for victim services.
Of this amount, 59 percent is for battered women shelters, 17 percent is
for domestic violence programs, eight percent is for general crime victims, 11
percent is for sexual assault programs, and five percent is for abused children
programs. Of this amount, $737,000 each
year is added to the base budget.
COPS
Grants. $1,000,000 each year is to
hire new peace officers and for peace officer overtime pay under Minnesota
Statutes, section 299A.62, subdivision 1, paragraph (b), clauses (1) and
(2). The commissioner shall award the
grants based on the procedures set forth under section 299A.62. Of this amount, at least $238,000 the first
year and $217,000 the second year must be awarded to two cities in Hennepin
County that are not cities of the first class and have the highest Part 1 and
Part 2 crime rates per 100,000 inhabitants in the county as calculated by the
latest Bureau of Criminal Apprehension report.
This is a onetime appropriation.
Youth
Intervention Programs. $750,000 each year is for
youth intervention programs under Minnesota Statutes, section 299A.73. The commissioner shall use this money to
make grants to help existing programs serve unmet needs in their communities
and to fund new programs in underserved areas of the state. This is a onetime appropriation.
Legal
Advocacy for Trafficking Victims. $150,000
each year is for a grant for ten weekly international trafficking screening
clinics that are staffed by attorneys from a nonprofit organization that
provides free legal, medical, dental, mental health, shelter, and vocational
counseling services and English language classes to trafficking victims in the
state. This is a onetime appropriation
and is available until June 30, 2009.
The grant applicant shall
prepare and submit to the commissioner a written grant proposal detailing the
screening clinic free services, including components of the services offered.
Homeless
Outreach. $150,000 each year is for
homeless outreach grants under section 17.
This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Defibrillators. $50,000 each year is for grants to local law
enforcement agencies in counties other than metropolitan counties, as defined
in Minnesota Statutes, section 473.121, subdivision 4, to purchase
defibrillators. This is a onetime
appropriation.
Integrated
Domestic Violence Response Framework; Report. $500,000 the first year is for a grant to the city
of St. Paul to implement an integrated domestic violence response
framework. The project must focus on
the following items: developing policies, procedures, and quality assurance for
domestic violence responses from 911 operators, law enforcement, prosecutors,
probation, district court, victim advocates, social service providers, and
other identified interveners; developing an information gathering and
dissemination plan for interveners; and developing training curricula for
interveners. The project must develop a
statewide model for a domestic violence response framework that may be used by
local criminal justice agencies and advocacy programs throughout the
state. The city of St. Paul may
contract with outside organizations to assist with the duties to be performed
under this project. These contracts,
regardless of the monetary limit or nature of the contract, shall be subject to
municipal bidding procedures or be awarded through the city's request for
proposal (RFP) process. This is a
onetime appropriation and is available until June 30, 2009.
By February 1, 2010, the
city of St. Paul shall report to the chairs and ranking minority members of the
senate and house of representatives committees having jurisdiction over
criminal justice funding and policy on the results of the project.
Children at
Risk. $250,000 each year is for a
grant to an organization that provides services to children under the age of
ten who are involved or are at highest risk of becoming involved in the
juvenile justice system and who are at highest risk of future serious or
violent offending, substance abuse, school failure, teen pregnancy, or welfare dependency. This is a onetime appropriation.
Administration
Costs. Up to 2.5 percent of the
grant funds appropriated in this subdivision may be used to administer the
grant program.
Subd. 7. 911 Emergency Services/ARMER 55,681,000 50,385,000
This appropriation is from
the state government special revenue fund for 911 emergency telecommunications
services.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Public
Safety Answering Points. $13,664,000
each year is to be distributed as provided in Minnesota Statutes, section
403.113, subdivision 2.
Medical
Resource Communication Centers. $683,000
each year is for grants to the Minnesota Emergency Medical Services Regulatory
Board for the Metro East and Metro West Medical Resource Communication Centers
that were in operation before January 1, 2000.
ARMER Debt
Service. $6,149,000 the first year
and $11,853,000 the second year are to the commissioner of finance to pay debt
service on revenue bonds issued under Minnesota Statutes, section 403.275.
Any portion of this
appropriation not needed to pay debt service in a fiscal year may be used by
the commissioner of public safety to pay cash for any of the capital
improvements for which bond proceeds were appropriated by Laws 2005, chapter
136, article 1, section 9, subdivision 8; or in subdivision 8.
The base for this
appropriation is $17,557,000 in fiscal year 2010 and $23,261,000 in fiscal year
2011.
Metropolitan
Council Debt Service. $1,410,000 each year is to
the commissioner of finance for payment to the Metropolitan Council for debt
service on bonds issued under Minnesota Statutes, section 403.27.
ARMER
Improvements. $1,000,000 each year is for
the Statewide Radio Board for costs of design, construction, maintenance of,
and improvements to those elements of the statewide public safety radio and
communication system that support mutual aid communications and emergency medical
services or provide interim enhancement of public safety communication
interoperability in those areas of the state where the statewide public safety
radio and communication system is not yet implemented.
ARMER
Interoperability Planning. $323,000
each year is to provide funding to coordinate and plan for communication
interoperability between public safety entities.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
ARMER State
Backbone Operating Costs. $3,110,000
each year is to the commissioner of transportation for costs of maintaining and
operating the first and third phases of the statewide radio system
backbone. The base for this
appropriation is $5,060,000 in fiscal year 2010 and $5,060,000 in fiscal year
2011 to provide funding to operate one additional phase of the system.
Zone
Controller. $5,400,000 the first year is
a onetime appropriation to upgrade zone controllers and network elements in
phases one and two of the statewide radio system.
Advance
Project Development. $3,750,000 the first year is
a onetime appropriation for site acquisition and site development work for the
remaining phases of the statewide radio system. This appropriation is available until June 30, 2010. This appropriation is to the commissioner of
public safety for transfer to the commissioner of transportation.
System
Design. $1,850,000 the first year is
a onetime appropriation to complete
detailed design and planning of the remaining phases of the statewide radio
system. The commissioner of public
safety and the commissioner of transportation shall determine the scope
of the study, after consulting with the Statewide Radio Board, the commissioner
of administration, and the state chief information officer. The study must address the system design for
the state backbone and implications for local coverage, how data can be
integrated, and whether other public safety communication networks can be
integrated with the state backbone. The
study must estimate the full cost of completing the state backbone to specified
standards, the cost of local subsystems, and the potential advantages of using
a request for proposal approach to solicit private sector participation in the
project. The study must include a financial
analysis of whether the estimated revenue from increasing the 911 fee by up to
30 cents will cover the estimated debt service of revenue bonds issued to
finance the cost of completing the statewide radio system and a portion of the
cost up to 50 percent for local subsystems.
The study must also review the project organizational structure and
governance.
Subd. 8. ARMER Public Safety 186,000,000
Radio and
Communication System. The appropriations in this
subdivision are from the 911 revenue bond proceeds account for the purposes indicated,
to be available until the project is completed or abandoned, subject to
Minnesota Statutes, section 16A.642.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The appropriations are to
the commissioner of public safety for transfer to the commissioner of
transportation to construct the system backbone of the public safety radio and
communication system plan under Minnesota Statutes, section 403.36.
$62,000,000 of this
appropriation is for the second year. $62,000,000 of this appropriation is
available on or after July 1, 2009. $62,000,000 of this appropriation is
available on or after July 1, 2010.
The commissioner of public
safety and the commissioner of transportation shall certify to the chairs of
the house of representatives Public Safety Finance Division of the Finance
Committee and the senate Public Safety Budget Division of the Finance Committee
that the detailed design has been completed and that the financial analysis
finds that sufficient revenue will be generated by proposed changes in the 911
fee to cover all estimated debt service on revenue bonds proposed to be issued
to complete the system before the appropriation is made available. The commissioner of finance shall not approve
any fee increase under Minnesota Statutes, section 403.11, subdivision 1,
paragraph (c), until this certification is made.
Bond Sale
Authorization. To provide the money
appropriated in this subdivision, the commissioner of finance shall sell and
issue bonds of the state in an amount up to $186,000,000 in the manner, upon
the terms, and with the effect prescribed by Minnesota Statutes, section
403.275.
Sec. 11. PEACE
OFFICER STANDARDS AND TRAINING (POST) BOARD $4,296,000 $4,278,000
Excess
Amounts Transferred. This appropriation is from
the peace officer training account in the special revenue fund. Any new receipts credited to that account in
the first year in excess of $4,296,000 must be transferred and credited to the
general fund. Any new receipts credited
to that account in the second year in excess of $4,278,000 must be transferred
and credited to the general fund.
Peace
Officer Training Reimbursements. $3,159,000
the first year and $3,159,000 the second year are for reimbursements to local
governments for peace officer training costs.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
No Contact
Orders. The board shall: (1) revise
and update preservice courses and develop in-service training courses related
to no contact orders in domestic violence cases and domestic violence dynamics;
and (2) reimburse peace officers who have taken training courses described in
clause (1). At a minimum, the training
must include instruction in the laws relating to no contact orders and address
how to best coordinate law enforcement resources relating to no contact
orders. In addition, the training must
include a component to instruct peace officers on doing risk assessments of the
escalating factors of lethality in domestic violence cases. The board must consult with a statewide
domestic violence organization in developing training courses. The board shall utilize a request for
proposal process in awarding training contracts. The recipient of the training contract must conduct these
trainings with advocates or instructors from a statewide domestic violence
organization.
Beginning on January 1,
2008, the board may not approve an in-service training course relating to
domestic abuse that does not comply with this section.
Sec. 12. BOARD OF PRIVATE DETECTIVES AND PROTECTIVE
AGENT SERVICES $129,000 $132,000
Sec. 13. HUMAN RIGHTS $4,986,000 $3,733,000
Management
Information System. $1,403,000 the first year
and $55,000 the second year are for the replacement of the department's
tracking and compliance databases with a management information system.
Evaluation. The department shall conduct a survey that evaluates
the outcome of complaints filed with the department and whether or not a
charging party is satisfied with the outcome of a complaint and the process by
which the complaint is reviewed and handled by the department. The department shall evaluate complaints for
which a probable cause or no probable cause determination is made. The survey must seek to determine the
reasons for any dissatisfaction and whether a party sought an appeal or
reconsideration of a determination or decision. The survey shall evaluate complaints filed or resolved in the
past two years. By January 15, 2008,
the department shall summarize the survey findings and file a report with the
chairs and ranking minority members of the house of representatives and senate
committees having jurisdiction over criminal justice policy and funding that
discusses the findings and any recommended changes in policies, procedures, or
staffing the department proposes to undertake in response to the findings.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Inmate
Complaints, Assaults, and Fatalities; Corrections Ombudsman; Working Group;
Report. By August 1, 2007, the
commissioner of human rights shall convene a working group to study how the
state addresses inmate complaints, assaults, and deaths in county jails,
workhouses, and prisons. The
commissioner shall serve as chair of the working group and invite
representatives from the Department of Corrections, legislature, Minnesota
Sheriffs' Association, Minnesota Association of Community Corrections Act
counties, state bar association, criminal victims justice unit, Council on
Black Minnesotans, Indian Affairs Council, Council on Asian-Pacific
Minnesotans, Chicano/Latino Affairs Council, University of Minnesota Law
School, Immigrant Law Center of Minnesota, the ombudsman for mental health and
developmental disabilities, and other interested parties to participate in the
working group. The group must: (1)
assess how state and local units of government currently process and respond to
inmate complaints, assaults, and deaths; (2) assess the effectiveness of the
state's former corrections ombudsman program; (3) study other states'
corrections ombudsmen; (4) study whether the state should conduct a fatality
review process for inmates who die while in custody; and (5) make
recommendations on how state and local units of government should
systematically address inmate complaints, assaults, and deaths, including the
need to reappoint a corrections ombudsman.
The commissioner of corrections shall provide to the working group
summary data on assaults and deaths that have occurred in state and local
correctional facilities. The commissioner
of human rights shall file a report detailing the group's findings and
recommendations with the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over criminal justice
policy and funding by January 15, 2008.
Attorney
General; Continuation of Services. The
attorney general shall continue to provide conciliation services and conduct
settlement conferences for the department in situations where the commissioner
has determined that there is probable cause to believe that a person has
engaged in an unfair discriminatory practice.
Sec. 14. DEPARTMENT OF CORRECTIONS
Subdivision 1. Total Appropriation $460,829,000 $475,954,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Appropriations by
Fund
2008 2009
General 459,939,000 475,064,000
Special Revenue 890,000 890,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Correctional Institutions 323,492,000 336,631,000
Appropriations by
Fund
General 322,912,000 336,051,000
Special Revenue 580,000 580,000
Contracts
for Beds at Rush City. If the commissioner
contracts with other states, local units of government, or the federal
government to rent beds in the Rush City Correctional Facility, the
commissioner shall charge a per diem under the contract, to the extent
possible, that is equal to or greater than the per diem cost of housing
Minnesota inmates in the facility.
Notwithstanding any law to
the contrary, the commissioner may use per diems collected under contracts for
beds at MCF-Rush City to operate the state correctional system.
Offender
Re-Entry Services. $400,000 each year is for
increased funding for expansion of offender re-entry services in the
institutions and staffing for the Department of Corrections MCORP program.
Subd. 3. Community Services 119,821,000 121,396,000
Appropriations by
Fund
General 119,721,000 121,296,000
Special Revenue 100,000 100,000
ISR Agents,
Challenge Incarceration Program. $600,000
the first year and $1,000,000 the second year are for intensive supervised
release agents for the challenge incarceration program.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
ISR Agents,
Conditional Release Program. $300,000
each year is for intensive supervised release agents for the conditional
release program. This is a onetime
appropriation.
Interstate
Compact. $225,000 each year is for
increased costs based on changes made to the Interstate Compact for Adult
Offender Supervision, Minnesota Statutes, section 243.1605.
Sex
Offenders, Civil Commitment and Tracking. $350,000 each year is to fund a legal representative
for civil commitments and to manage and track sex offenders.
Probation
Supervision, CCA System. $2,800,000
each year is added to the Community Corrections Act subsidy, Minnesota
Statutes, section 401.14.
Probation
Supervision, CPO System. $600,000
each year is added to the county probation officers reimbursement base.
Probation
Supervision, DOC System. $600,000
each year is for the Department of Corrections probation and supervised release
unit.
Probation,
Caseload Reduction. $2,000,000 each year is for
adult and juvenile felon offender management to be distributed statewide by the
Community Corrections Act formula.
These appropriations may be used for sex offender management.
Sex
Offender Treatment. $500,000 each year are to
increase funding for providing treatment for sex offenders on community
supervision.
Sentencing
to Service. $600,000 each year is to
increase funding for sentencing to service activities such as highway litter
cleanup.
Short-Term
Offenders. $2,500,000 each year is to
increase funding for the costs associated with the housing and care of
short-term offenders. The commissioner
may use up to 20 percent of the total amount of the appropriation for inpatient
medical care for short-term offenders.
All funds remaining at the end of the fiscal year not expended for
inpatient medical care must be added to and distributed with the housing
funds. These funds must be distributed
proportionately based on the total number of days short-term offenders are
placed locally, not to exceed $70 per day.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The department is exempt
from the state contracting process for the purposes of paying short-term
offender costs relating to Minnesota Statutes, section 609.105.
Offender
Re-Entry Service. $550,000 each year is for
offender job-seeking services, evidence-based research, expansion of re-entry
services specific to juveniles, and funding to local units of government
participating in MCORP to provide re-entry programming to offenders.
Offender
Re-Entry Grant. $600,000 the first year and $1,000,000
the second year are for grants to the nonprofit organization selected to
administer the demonstration project for high-risk adults under section
19. This is a onetime appropriation.
Employment
Services for Ex-Offenders. $200,000
each year is for grants to a nonprofit organization to establish a pilot
project to provide employment services to ex-criminal offenders living in the
North Minneapolis community as provided for in section 21. This is a onetime appropriation.
Domestic
Abuse Re-Entry Grants. $200,000 each year is for
the grant authorized in section 20.
This is a onetime appropriation.
Re-Entry;
Productive Day. $150,000 each year is
appropriated from the general fund to the commissioner of corrections for the
fiscal biennium ending June 30, 2009.
The commissioner shall distribute the money as a grant to the Arrowhead
Regional Corrections Agency to expand the agency's productive day initiative
program, as defined in Minnesota Statutes, section 241.275, to include juvenile
offenders who are 16 years of age and older.
This is a onetime appropriation.
Mentoring
Grants. $375,000 each year is for
mentoring grants under Minnesota Statutes, section 241.90. The grant recipient may collaborate with
local parks and recreation departments and may reimburse the departments for
the use of their facilities by the grant recipient. This is a onetime appropriation.
Short-Term
Offender Study; Report. The commissioner shall study
the use and effectiveness of the short-term offender program and identify gaps
in the current system relating to programming and re-entry services for
short-term offenders. On or before
November 1, 2007, the commissioner shall submit a report detailing the
commissioner's findings and recommendations to the house of representatives and
senate committees with jurisdiction over public safety policy and funding.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 4. Operations Support 17,516,000 17,927,000
Appropriations by
Fund
General 17,306,000 17,717,000
Special Revenue 210,000 210,000
Sec. 15. SENTENCING GUIDELINES $704,000 $609,000
Effectiveness
of Re-Entry Programs and Drug Courts; Study. The Sentencing Guidelines Commission, in
consultation with the commissioner of corrections and the state court
administrator, shall study: (1) the effectiveness of the offender re-entry
funding and programs authorized in this act; and (2) the effectiveness of the
state's drug courts. The report must assess
the impact this act's re-entry grants and programs and the state's drug court
funding had on the recidivism rate of offenders who participated in programs
that received re-entry grants or drug courts, attempt to calculate related
savings, if any, in incarceration costs, and develop a formula by which to
measure the impact in incarceration costs.
The executive director of the commission shall file an interim report by
January 15, 2008, and a final report by January 15, 2009, with the chairs and
minority members of the house of representatives and senate committees with
jurisdiction over public safety policy and funding.
Collateral
Sanctions Committee. $100,000 the first year is
for the Collateral Sanctions Committee described in article 7, section 23. This money must be used for staffing,
conducting research, conducting public hearings, reimbursing committee members
for reasonable expenses, and for the required report.
Changes to
Grid for Controlled Substance Offenses. The commission shall propose changed rankings for
controlled substance offenses on the sentencing guidelines grid. The proposal must encompass the following
factors:
(1) the proportionality of
Minnesota's drug sentencing provisions when compared to sentencing provisions
for other crimes in Minnesota;
(2) the proportionality of
Minnesota's drug sentencing provisions when compared to drug sentencing
provisions throughout the United States, including the Federal system;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(3) the average and the
range of criminal history scores for each level of drug offender currently
incarcerated in Minnesota's prisons;
(4) the criminal history of
offenders who would be impacted by the commission's recommendations;
(5) the type and quantity of
Minnesota correctional resources that are dedicated to all drug offenders; and
(6) the projected annual
cost to the Department of Corrections of incarcerating all drug offenders in
state prisons over the next ten years, under present grid rankings and under
the proposed grid rankings.
The commission's proposal
shall not take effect, except as provided in Minnesota Statutes, section
244.09, subdivision 11.
Sec. 16. [241.90]
MENTORING GRANT FOR CHILDREN OF INCARCERATED PARENTS.
Subdivision 1. Mentoring grant. The commissioner of corrections shall
award a grant to nonprofit organizations that provide one-to-one mentoring
relationships to youth enrolled between the ages of seven to 13 whose parent or
other significant family member is incarcerated in a county workhouse, county jail,
state prison, or other type of correctional facility or is subject to
correctional supervision. The intent of
the grant is to provide children with adult mentors to strengthen developmental
outcomes, including enhanced self-confidence and esteem; improved academic
performance; and improved relationships with peers, family, and other adults
that may prevent them from entering the juvenile justice system.
Subd. 2. Grant criteria. As a condition of receiving grants, the
grant recipients shall do the following:
(1) collaborate with other
organizations that have a demonstrated history of providing services to youth
and families in disadvantaged situations;
(2) implement procedures to
ensure that 100 percent of the mentors pose no safety risk to the child and
have the skills to participate in a mentoring relationship;
(3) provide enhanced
training to mentors focusing on asset building and family dynamics when a
parent is incarcerated; and
(4) provide an individual
family plan and aftercare.
Subd. 3. Program evaluation. Grant recipients shall submit an
evaluation plan to the commissioner delineating the program and student outcome
goals and activities implemented to achieve the stated outcomes. The goals must be clearly stated and
measurable. Grant recipients shall
collect, analyze, and report on participation and outcome data that enable the
department to verify that the program goals were met.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
17. HOMELESS OUTREACH GRANTS.
Subdivision 1. Grant program. The commissioner of public safety shall
establish a grant program to connect people experiencing homelessness to
housing and services for purposes of reducing recidivism and promoting stronger
communities.
Subd. 2. Grant recipients. The commissioner, in consultation with
the director of ending long-term homelessness, the Ending Long-Term
Homelessness Advisory Council, and the Office of Economic Opportunity of the
Department of Human Services, shall award grants to agencies experienced in
homeless outreach services and provide needed staff qualified to work with
people with serious mental illness or chemical dependency, and employ outreach
staff who are trained and qualified to work with racially and culturally
diverse populations.
Subd. 3. Project design. Projects eligible for grants under this
section must do the following:
(1) provide outreach
services that may be targeted to, but are not limited to, people experiencing
long-term homelessness and homeless people who have had repeated interactions
with law enforcement;
(2) provide outreach
services that will provide intervention strategies linking people to housing
and services as an alternative to arrest;
(3) provide a plan to
connect people experiencing homelessness to services for which they may be
eligible, such as Supplemental Security Income, veterans benefits, health care,
housing assistance, and long-term support programs for those with significant
barriers to living on their own;
(4) demonstrate partnership
or collaboration with local law enforcement, which may include joint
application for homeless outreach grants, joint sharing in administration of
the grant, development of protocol defining when outreach workers are called
upon, and shared training opportunities;
(5) promote community
collaboration with local and county governments, social services providers,
mental health crisis providers, and other community organizations that address
homelessness;
(6) provide a plan to
leverage resources from the entities listed in clause (5) and other private
sources to accomplish the goal of moving people into housing and services; and
(7) provide a plan to
measure and evaluate the program's effectiveness in connecting people
experiencing homelessness to housing and services and reducing the use of
public safety and corrections resources.
Subd. 4. Annual report. Grant recipients shall report to the
commissioner by June 30 of each year on the services and programs provided,
expenditures of grant money, and an evaluation of the program's success in
connecting individuals experiencing homelessness to housing and services, and
reducing the use of public safety and corrections resources. The commissioner shall independently
evaluate the effectiveness of the grant recipients in achieving the goals of
the program and report the results of this evaluation and other information on
the grant program to the chairs and ranking minority members of the senate and
house of representatives divisions having jurisdiction over criminal justice
funding by January 15, 2010.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
18. CHILD ADVOCACY CENTER GRANTS.
Subdivision 1. Purpose. Grants under this section are provided to
stabilize funding and ensure the continued viability of core functions relating
to child maltreatment investigations, interviews, treatment, and related
training. The grants ensure that child
victims of abuse have access to safe, secure facilities and that law enforcement
has access to the tools necessary for the successful apprehension and
conviction of child predators. The
grants ensure that important government duties relating to the protection of
children are not ignored and subjected to unstable, irregular funding sources. The grants provide funding for state
mandates relating to child maltreatment reporting and assessment.
Subd. 2. Criteria. (a) Grants must be made only to child
advocacy centers that are accredited members in good standing with the National
Children's Alliance or are actively pursuing that status.
(b) Grant awards may be used
for:
(1) child interview or
investigation programs and facilities;
(2) coordination of or
referral for support services; or
(3) related statewide
training programs.
(c) To be eligible for a
grant, a child advocacy center must facilitate the provision of the following
core services:
(1) support and services for
alleged child abuse victims and their families;
(2) coordination of
investigations of child abuse by providing a location for forensic interviews;
(3) promoting the
coordination of services for children alleged to have been abused;
(4) forensic medical
examinations;
(5) mental health and
related support services;
(6) court advocacy; and
(7) consultation and
training of multidisciplinary child protection teams.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 19. DEMONSTRATION
PROJECT FOR HIGH-RISK ADULTS.
Subdivision 1. Definition. For purposes of this section,
"high-risk adult" means an adult with a history of some combination of
substance abuse, mental illness, chronic unemployment, incarceration, or
homelessness. High-risk adults are
considered to be very likely to enter or re-enter state or county correctional
programs or chemical or mental health programs.
Subd. 2. Establishment. (a) The commissioner of corrections shall
contract with one nonprofit entity to conduct this demonstration project and
document the effectiveness of this model.
Initially, the demonstration will operate in the Twin Cities
metropolitan area.
(b) At a minimum, the
contractor shall meet the following criteria:
(1)
be an incorporated, nonprofit organization that is capable of managing and
operating a multidisciplinary model for providing high-risk adults with
housing, short-term work, health care, behavioral health care, and community
re-engagement;
(2) demonstrate an ability
to organize and manage an alliance of nonprofit organizations providing
services to high-risk adults;
(3) have organizational
leaders with a demonstrated ability to organize, manage, and lead service teams
consisting of workers from multiple service providers that deliver direct
support to high-risk adults;
(4) have experience with
providing a comprehensive set of housing, work, health care, behavioral health
care, and community re-engagement services to high-risk adults; and
(5) be a recipient of
foundation and other private funds for the refinement and testing of a
demonstration of this type.
Subd. 3. Scope of the
demonstration project. The
contractor undertaking this demonstration project shall do the following, as
part of this project:
(1) enroll eligible
high-risk adults over the demonstration project period, starting December 1,
2007;
(2) using best practices
derived from research and testing, provide or assist in arranging access to
services for high-risk adults enrolled in the demonstration project, including,
at a minimum, housing, behavioral health services, health care, employment, and
community and family re-engagement;
(3) maximize the performance
of existing services and programs by coordinating access to and the delivery of
these services; and
(4) define conditions under
which enrollees are considered to be in good standing and allowed to remain in
the demonstration project.
The conditions under clause
(4) may include, but are not limited to, the following:
(i) living in stable and
safe housing;
(ii) working and earning an
income;
(iii) paying child support,
if appropriate;
(iv) participating in
treatment programs, if appropriate; and
(v) having no arrests.
Subd. 4. Eligibility. The following types of individuals are
eligible for enrollment in this demonstration project:
(1) high-risk adults;
(2) high-risk adults in the
process of being released from state correctional facilities, county detention
facilities, community-based treatment or detoxification facilities, community
corrections halfway houses, or other similar programs, or on probation; and
(3)
high-risk adults willing to accept the requirements imposed on enrollees in the
demonstration project, including, but not limited to, maintaining steady
employment; paying child support, if applicable; remaining drug-free and
alcohol-free, if applicable; and no criminal activity.
Subd. 5. Payment. To the extent funds are appropriated for
the purposes of this section, the commissioner of corrections shall pay to the
entity under contract a monthly fee of $1,600 for each enrollee who (1) had
been in the custody of the commissioner of corrections within the preceding
year, and (2) is in good standing in the demonstration project.
Subd. 6. Report. (a) By January 15 of each year, the
entity under contract shall submit a report to the commissioners of
corrections, human services, employment and economic development, and housing
finance, and the legislature. The
report must include the following:
(1) the number of
participants who have been enrolled and the number currently participating in
the demonstration project;
(2) a description of the
services provided to enrollees over the past year and over the duration of the
demonstration project to date;
(3) an accounting of the
costs associated with the enrollees over the past year and over the duration of
the demonstration project to date; and
(4) any other information
requested by the commissioners of corrections, human services, employment and
economic development, and housing finance, and the legislature.
(b) The report must include
recommendations on improving and expanding the project to other geographical
areas of the state.
(c) The report must include
an update on the status of the independent evaluation required in subdivision
7.
Subd. 7. Independent evaluation. An independent evaluator selected by the
commissioner of corrections shall conduct an evaluation of the project. The independent evaluator shall complete and
submit a report of findings and recommendations to the commissioners of
corrections, human services, employment and economic development, and housing
finance, and the legislature. This
independent evaluation must be developed and implemented concurrently with the
demonstration project, beginning on December 1, 2007. The final report is due upon completion of the demonstration
project and must be submitted to the above-named entities.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 20. RE-ENTRY
GRANT ADDRESSING DOMESTIC VIOLENCE AND INTIMATE PARTNER VIOLENCE.
Subdivision 1. Re-entry grant. The commissioner of corrections shall
award a grant to a nonprofit having a section 501(c)(3) status with the
Internal Revenue Service or a public or private institution of higher education
that has expertise in addressing the intersection between offender re-entry and
domestic violence. The intent of the
grant is to provide services to re-entering offenders and their intimate
partners to: (1) reduce the incidence of domestic violence among offenders
re-entering the community; (2) reduce occurrences of domestic violence, serious
injury, and death experienced by intimate partners who are in relationships
with offenders recently released from jail or prison; and (3) reduce criminal
recidivism due to domestic violence.
Subd. 2.
(1) subcontract with at
least one community-based domestic abuse counseling or educational program and
at least one crime victim service provider to provide comprehensive services to
recently released offenders and their intimate partners;
(2) train the organizations
selected pursuant to clause (1) on research-based practices and best practices
in addressing the intersection of offender re-entry and domestic violence; and
(3) serve as liaison to the
Department of Corrections and provide technical assistance, training, and
coordination to the organizations selected pursuant to clause (1) in
implementing policies that address the intersection of offender re-entry and
domestic violence.
Subd. 3. Program evaluation. The grant recipient must rigorously
evaluate the effectiveness of its intervention and work with subcontracted organizations
to collect data. The grant recipient
must submit an evaluation plan to the commissioner of corrections delineating
project goals and specific activities performed to achieve those goals.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 21. EMPLOYMENT
SERVICES FOR EX-CRIMINAL OFFENDERS; PILOT PROJECT.
(a) The commissioner of
corrections shall issue a grant to a nonprofit organization to establish a
pilot project to provide employment services to ex-criminal offenders living in
the North Minneapolis community. The
pilot project must provide the ex-offender participants with a continuum of
employment services that identifies their needs; intervenes with them through
case management if they are struggling; and provides them with work readiness,
skill training, chemical and mental health referrals, housing support, job
placement, work experience, and job retention support. The pilot project shall work with community
corrections officials, faith-based organizations, and businesses to create an
array of support opportunities for the participants.
(b) By January 15, 2010, the
commissioner of corrections shall report to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding on the activities
conducted by the grant recipient and the effectiveness of the pilot project.
EFFECTIVE DATE. This section is effective July 1, 2007.
ARTICLE 2
GENERAL CRIME
Section 1. Minnesota Statutes 2006, section 518B.01,
subdivision 22, is amended to read:
Subd. 22. Domestic
abuse no contact order. (a) A
domestic abuse no contact order is an order issued by a court against a
defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking
charged under section 609.749 and committed against a family or household
member;
(3) violation of an order
for protection charged under subdivision 14; or
(4) violation of a prior
domestic abuse no contact order charged under this subdivision.
It includes pretrial orders
before final disposition of the case and probationary orders after sentencing.
(b) A person who knows of the
existence of a domestic abuse no contact order issued against the person and
violates the order is guilty of a misdemeanor.
(c) A person is guilty of a
gross misdemeanor who knowingly violates this subdivision within ten years of a
previous qualified domestic violence-related offense conviction or adjudication
of delinquency. Upon a gross
misdemeanor conviction under this paragraph, the defendant must be sentenced to
a minimum of ten days' imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court as provided in
section 518B.02. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in
this paragraph for gross misdemeanor convictions.
(d) A person is guilty of a
felony and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the person knowingly
violates this subdivision: (1) within ten years of the first of two or more
previous qualified domestic violence-related offense convictions or
adjudications of delinquency; or (2) while possessing a dangerous weapon, as
defined in section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court stays
imposition or execution of sentence, the court shall impose at least a 30-day period
of incarceration as a condition of probation.
The court also shall order that the defendant participate in counseling
or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and
execute the minimum sentence provided in this paragraph for felony convictions.
(d) (e) A peace officer shall
arrest without a warrant and take into custody a person whom the peace officer
has probable cause to believe has violated a domestic abuse no contact order,
even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the
officer. The person shall be held in
custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and
exercising due care in making an arrest pursuant to this paragraph is immune
from civil liability that might result from the officer's actions.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2006, section 609.02,
subdivision 16, is amended to read:
Subd. 16. Qualified
domestic violence-related offense.
"Qualified domestic violence-related offense" includes a
violation of or an attempt to violate the following offenses:
sections 518B.01, subdivision 14 (violation of domestic abuse order for
protection); 518B.01, subdivision 22 (violation of domestic abuse no contact
order); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.2247 (domestic assault by strangulation);
609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal
sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a
child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of
harassment restraining order); 609.749 (harassment/stalking); and 609.78,
subdivision 2 (interference with an emergency call); and similar laws of other
states, the United States, the District of Columbia, tribal lands, and United
States territories.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2006, section 609.341,
subdivision 11, is amended to read:
Subd. 11. Sexual
contact. (a) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (a)
to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (m)
(o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed
with sexual or aggressive intent:
(i) the intentional touching by
the actor of the complainant's intimate parts, or
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts
effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or
(iii) the touching by
another of the complainant's intimate parts effected by coercion or by a person
in a position of authority, or
(iv) in any of the cases
above, the touching of the clothing covering the immediate area of the intimate
parts.
(b) "Sexual
contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the
following acts committed with sexual or aggressive intent:
(i) the intentional touching
by the actor of the complainant's intimate parts;
(ii) the touching by the
complainant of the actor's, the complainant's, or another's intimate parts;
(iii) the touching by
another of the complainant's intimate parts; or
(iv) in any of the cases
listed above, touching of the clothing covering the immediate area of the
intimate parts.
(c) "Sexual contact
with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or
anal opening with sexual or aggressive intent or the touching by the
complainant's bare genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2006, section 609.344,
subdivision 1, is amended to read:
Subdivision 1. Crime
defined. A person who engages in
sexual penetration with another person is guilty of criminal sexual conduct in
the third degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant shall be a defense;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 24 months
older than the complainant. In any such
case if the actor is no more than 120 months older than the complainant,
it shall be an affirmative defense, which must be proved by a preponderance of
the evidence, that the actor reasonably believes the complainant to be
16 years of age or older. In all
other cases, mistake as to the complainant's age shall not be a defense. If the actor in such a case is no more
than 48 months but more than 24 months older than the complainant, the actor
may be sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense;
(c) the actor uses force or
coercion to accomplish the penetration;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(e) the complainant is at least
16 but less than 18 years of age and the actor is more than 48 months older
than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an
accomplice used force or coercion to accomplish the penetration;
(ii) the complainant
suffered personal injury; or
(iii) the sexual abuse
involved multiple acts committed over an extended period of time.
Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(h) the actor is a
psychotherapist and the complainant is a patient of the psychotherapist and the
sexual penetration occurred:
(i) during the psychotherapy
session; or
(ii) outside the
psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
Consent by the complainant
is not a defense;
(i) the actor is a
psychotherapist and the complainant is a former patient of the psychotherapist
and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a
psychotherapist and the complainant is a patient or former patient and the
sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense;
(k) the actor accomplishes
the sexual penetration by means of deception or false representation that the
penetration is for a bona fide medical purpose. Consent by the complainant is not a defense;
(l) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual penetration
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual penetration
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by
the complainant is not a defense;
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the
complainant is not a defense; or
(n) the actor provides or is an
agent of an entity that provides special transportation service, the
complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the
complainant. Consent by the complainant
is not a defense.; or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual penetration occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2006, section 609.345,
subdivision 1, is amended to read:
Subdivision 1. Crime
defined. A person who engages in
sexual contact with another person is guilty of criminal sexual conduct in the
fourth degree if any of the following circumstances exists:
(a) the complainant is under
13 years of age and the actor is no more than 36 months older than the
complainant. Neither mistake as to the
complainant's age or consent to the act by the complainant is a defense. In a prosecution under this clause, the
state is not required to prove that the sexual contact was coerced;
(b) the complainant is at
least 13 but less than 16 years of age and the actor is more than 48 months
older than the complainant or in a position of authority over the
complainant. Consent by the complainant
to the act is not a defense. In any
such case, if the actor is no more than 120 months older than the
complainant, it shall be an affirmative defense which must be proved by a
preponderance of the evidence that the actor reasonably believes the
complainant to be 16 years of age or older.
In all other cases, mistake as to the complainant's age shall not be a
defense;
(c) the actor uses force or
coercion to accomplish the sexual contact;
(d) the actor knows or has
reason to know that the complainant is mentally impaired, mentally
incapacitated, or physically helpless;
(e) the complainant is at
least 16 but less than 18 years of age and the actor is more than 48 months
older than the complainant and in a position of authority over the
complainant. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(f) the actor has a
significant relationship to the complainant and the complainant was at least 16
but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(g) the actor has a
significant relationship to the complainant, the complainant was at least 16
but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an
accomplice used force or coercion to accomplish the contact;
(ii) the complainant
suffered personal injury; or
(iii) the sexual abuse
involved multiple acts committed over an extended period of time.
Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense;
(h)
the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
(i) during the psychotherapy
session; or
(ii) outside the
psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is
not a defense;
(i) the actor is a
psychotherapist and the complainant is a former patient of the psychotherapist
and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a
psychotherapist and the complainant is a patient or former patient and the
sexual contact occurred by means of therapeutic deception. Consent by the complainant is not a defense;
(k) the actor accomplishes
the sexual contact by means of deception or false representation that the
contact is for a bona fide medical purpose.
Consent by the complainant is not a defense;
(l) the actor is or purports
to be a member of the clergy, the complainant is not married to the actor, and:
(i) the sexual contact
occurred during the course of a meeting in which the complainant sought or
received religious or spiritual advice, aid, or comfort from the actor in
private; or
(ii) the sexual contact
occurred during a period of time in which the complainant was meeting on an
ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by
the complainant is not a defense;
(m) the actor is an
employee, independent contractor, or volunteer of a state, county, city, or
privately operated adult or juvenile correctional system, including, but not
limited to, jails, prisons, detention centers, or work release facilities, and
the complainant is a resident of a facility or under supervision of the
correctional system. Consent by the
complainant is not a defense; or
(n) the actor provides or is
an agent of an entity that provides special transportation service, the
complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately
before or after the actor transported the complainant. Consent by the complainant is not a defense.;
or
(o) the actor performs
massage or other bodywork for hire, the complainant was a user of one of those
services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those
services for the complainant.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
Sec. 6. Minnesota Statutes 2006, section 609.3455,
is amended by adding a subdivision to read:
Subd. 9. Applicability. The provisions of this section do not
affect the applicability of Minnesota Statutes 2004, section 609.108, to crimes
committed before August 1, 2005, or the validity of sentences imposed under
Minnesota Statutes 2004, section 609.108.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
7. Minnesota Statutes 2006, section
609.352, is amended to read:
609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT;
COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.
Subdivision 1. Definitions. As used in this section:
(a) "child" means
a person 15 years of age or younger;
(b) "sexual
conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as
defined in section 617.246; and
(c) "solicit"
means commanding, entreating, or attempting to persuade a specific person in
person, by telephone, by letter, or by computerized or other electronic means.
Subd. 2. Prohibited
act. A person 18 years of age or
older who solicits a child or someone the person reasonably believes is a child
to engage in sexual conduct with intent to engage in sexual conduct is guilty
of a felony and may be sentenced to imprisonment for not more than three
years, or to payment of a fine of not more than $5,000, or both as
provided in subdivision 4.
Subd. 2a. Internet or computer
solicitation of children. A
person 18 years of age or older who uses the Internet or a computer, computer
program, computer network, or computer system to commit any of the following
acts, with the intent to arouse the sexual desire of any person, is guilty of a
felony and may be sentenced as provided in subdivision 4:
(1) soliciting a child or
someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in
communication relating to or describing sexual conduct with a child or someone
the person reasonably believes is a child; or
(3) distributing any
material, language, or communication, including a photographic or video image,
that relates to or describes sexual conduct to a child or someone the person
reasonably believes is a child.
Subd. 2b. Jurisdiction. A person may be convicted of an offense
under subdivision 2a if the transmission that constitutes the offense either
originates within this state or is received within this state.
Subd. 3. Defenses. (a) Mistake as to age is not a
defense to a prosecution under this section.
(b) The fact that an
undercover operative or law enforcement officer was involved in the detection
or investigation of an offense under this section does not constitute a defense
to a prosecution under this section.
Subd. 4. Penalty. A person convicted under subdivision 2 or
2a is guilty of a felony and may be sentenced to imprisonment for not more than
three years, or to payment of a fine of not more than $5,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2006, section 609.52,
subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be sentenced as
follows:
(1)
to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the
property or services stolen is more than $35,000 and the conviction is for a
violation of subdivision 2, clause (3), (4), (15), or (16); or
(2) to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both,
if the value of the property or services stolen exceeds $2,500 $5,000,
or if the property stolen was an article representing a trade secret, an
explosive or incendiary device, or a controlled substance listed in schedule I
or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both,
if any of the following circumstances exist:
(a) the value of the
property or services stolen is more than $500 $1,000 but not more
than $2,500 $5,000; or
(b) the property stolen was
a controlled substance listed in schedule III, IV, or V pursuant to section
152.02; or
(c) the value of the
property or services stolen is more than $250 $500 but not more
than $500 $1,000 and the person has been convicted within the
preceding five years for an offense under this section, section 256.98;
268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625;
609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense,
or a sentence that was stayed under section 609.135 if the offense to which a
plea was entered would allow imposition of a felony or gross misdemeanor
sentence; or
(d) the value of the
property or services stolen is not more than $500 $1,000, and any
of the following circumstances exist:
(i) the property is taken
from the person of another or from a corpse, or grave or coffin containing a
corpse; or
(ii) the property is a
record of a court or officer, or a writing, instrument or record kept, filed or
deposited according to law with or in the keeping of any public officer or
office; or
(iii) the property is taken
from a burning, abandoned, or vacant building or upon its removal therefrom, or
from an area of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists
of public funds belonging to the state or to any political subdivision or
agency thereof; or
(v) the property stolen is a
motor vehicle; or
(4) to imprisonment for not
more than one year or to payment of a fine of not more than $3,000, or both, if
the value of the property or services stolen is more than $250 $500
but not more than $500 $1,000; or
(5) in all other cases where
the value of the property or services stolen is $250 $500 or
less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under
subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of any one or more
of the above provisions within any six-month period may be aggregated and the
defendant charged accordingly in applying the provisions of this subdivision;
provided that when two or more offenses are committed by the same person in two
or more counties, the accused may be prosecuted in any county in which one of
the offenses was committed for all of the offenses aggregated under this
paragraph.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec.
9. Minnesota Statutes 2006, section
609.52, is amended by adding a subdivision to read:
Subd. 3a. Enhanced penalty. If a violation of this section creates a
reasonably foreseeable risk of bodily harm to another, the penalties described
in subdivision 3 are enhanced as follows:
(1) if the penalty is a
misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine
of not more than $5,000, or both; and
(2) if the penalty is a
felony, the statutory maximum sentence for the offense is 50 percent longer
than for the underlying crime.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2006, section 609.526, is
amended to read:
609.526 PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING STOLEN
PROPERTY.
Subdivision 1. Definitions. As used in this section, the following
terms have the meanings given:
(1) "precious metal
dealer" has the meaning given in section 325F.731, subdivision 2; and
(2) "scrap metal
dealer" has the meaning given in section 325E.21, subdivision 1.
Subd. 2. Crime described. Any precious metal dealer as defined in
section 325F.731, subdivision 2, or scrap metal dealer or any person
employed by a precious metal dealer as defined in section 325F.731,
subdivision 2, who receives, possesses, transfers, buys, or conceals any
stolen property or property obtained by robbery, knowing or having reason to
know the property was stolen or obtained by robbery, may be sentenced as
follows:
(1) if the value of the property
received, bought, or concealed is $1,000 or more, to imprisonment for not more
than ten years or to payment of a fine of not more than $50,000, or both;
(2) if the value of the
property received, bought, or concealed is less than $1,000 but more than $300
$500, to imprisonment for not more than five three years or
to payment of a fine of not more than $40,000 $25,000, or both;
(3) if the value of the
property received, bought, or concealed is $300 $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both.
Any person convicted of
violating this section a second or subsequent time within a period of one year
may be sentenced as provided in clause (1).
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2006, section 609.581, is
amended by adding a subdivision to read:
Subd. 5. Government building. "Government building" means a
building that is owned, leased, controlled, or operated by a governmental
entity for a governmental purpose.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2006, section 609.581, is
amended by adding a subdivision to read:
Subd. 6. Religious
establishment. "Religious
establishment" means a building used for worship services by a religious
organization and clearly identified as such by a posted sign or other means.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2006, section 609.581, is
amended by adding a subdivision to read:
Subd. 7. School building. "School building" means a
public or private preschool, elementary school, middle school, secondary
school, or postsecondary school building.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2006, section 609.581, is
amended by adding a subdivision to read:
Subd. 8. Historic property. "Historic property" means any
property identified as a historic site or historic place by sections 138.661 to
138.664 and clearly identified as such by a posted sign or other means.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2006, section 609.582,
subdivision 2, is amended to read:
Subd. 2. Burglary
in the second degree. (a) Whoever
enters a building without consent and with intent to commit a crime, or enters
a building without consent and commits a crime while in the building, either
directly or as an accomplice, commits burglary in the second degree and may be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if:
(a) (1) the building is a dwelling;
(b) (2) the portion of the building
entered contains a banking business or other business of receiving securities
or other valuable papers for deposit or safekeeping and the entry is with force
or threat of force;
(c) (3) the portion of the building
entered contains a pharmacy or other lawful business or practice in which
controlled substances are routinely held or stored, and the entry is forcible;
or
(d) (4) when entering or while in
the building, the burglar possesses a tool to gain access to money or property.
(b) Whoever enters a
government building, religious establishment, historic property, or school
building without consent and with intent to commit a crime under section 609.52
or 609.595, or enters a government building, religious establishment, historic
property, or school building without consent and commits a crime under section
609.52 or 609.595 while in the building, either directly or as an accomplice,
commits burglary in the second degree and may be sentenced to imprisonment for
not more than ten years or to payment of a fine of not more than $20,000, or
both.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 16. [609.593]
DAMAGE OR THEFT TO ENERGY TRANSMISSION OR TELECOMMUNICATIONS EQUIPMENT.
Subdivision 1. Crime. Whoever intentionally and without consent
from one authorized to give consent causes any damage or takes, removes,
severs, or breaks:
(1) any line erected or
maintained for the purpose of transmitting electricity for light, heat, or
power, or any insulator or cross-arm, appurtenance or apparatus connected to
the line, or any wire, cable, or current of the line;
(2) any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the purpose of
transporting, conveying, or distributing gas or other hazardous liquids for
light, heat, power, or any other purpose, or any part of the pipe, main, or
pipeline, or any valve, meter, holder, compressor, machinery, appurtenance,
equipment, or apparatus connected with any main or pipeline; or
(3) any machinery,
equipment, or fixtures used in receiving, initiating, amplifying, processing,
transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers,
routers, repeaters, multiplexers, and other items performing comparable functions;
and machinery, equipment, and fixtures used in the transportation of
telecommunications services, radio transmitters and receivers, satellite
equipment, microwave equipment, and other transporting media including wire,
cable, fiber, poles, and conduit;
is guilty of a crime and may
be sentenced as provided in subdivision 2.
Subd. 2. Penalty. Whoever violates subdivision 1 is guilty
of a felony and may be sentenced to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 17. Minnesota Statutes 2006, section 609.595,
subdivision 1, is amended to read:
Subdivision 1. Criminal
damage to property in the first degree.
Whoever intentionally causes damage to physical property of another
without the latter's consent may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or both, if:
(1) the damage to the
property caused a reasonably foreseeable risk of bodily harm; or
(2) the property damaged
belongs to a common carrier and the damage impairs the service to the public
rendered by the carrier; or
(3) the damage reduces the
value of the property by more than $500 $1,000 measured by the
cost of repair and replacement; or
(4) the damage reduces the
value of the property by more than $250 $500 measured by the cost
of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.
In any prosecution under clause
(3), the value of any property damaged by the defendant in violation of that
clause within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section; provided that when two
or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 18. Minnesota Statutes 2006, section 609.595,
subdivision 2, is amended to read:
Subd. 2. Criminal
damage to property in the third degree.
(a) Except as otherwise provided in subdivision 1a, whoever
intentionally causes damage to another person's physical property without the
other person's consent may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage
reduces the value of the property by more than $250 $500 but not
more than $500 $1,000 as measured by the cost of repair and
replacement.
(b) Whoever intentionally
causes damage to another person's physical property without the other person's
consent because of the property owner's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if the
damage reduces the value of the property by not more than $250 $500.
(c) In any prosecution under
paragraph (a), the value of property damaged by the defendant in violation of
that paragraph within any six-month period may be aggregated and the defendant
charged accordingly in applying this section.
When two or more offenses are committed by the same person in two or
more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 19. REPEALER.
Minnesota Statutes 2006,
section 609.805, is repealed.
EFFECTIVE DATE. This section is effective July 1, 2007.
ARTICLE 3
DWI AND DRIVING RELATED
PROVISIONS
Section 1. Minnesota Statutes 2006, section 169A.275,
is amended by adding a subdivision to read:
Subd. 7. Exception. (a) A judge is not required to sentence a
person as provided in this section if the judge requires the person as a
condition of probation to drive only motor vehicles equipped with an ignition
interlock device meeting the standards described in section 171.306.
(b) This subdivision expires
July 1, 2009.
EFFECTIVE DATE. This section is effective July 1, 2007, and applies to crimes
committed on or after that date.
Sec. 2. Minnesota Statutes 2006, section 169A.51,
subdivision 7, is amended to read:
Subd. 7. Requirements
for conducting tests; liability.
(a) Only a physician, medical technician, emergency medical
technician-paramedic, registered nurse, medical technologist, medical laboratory
technician, phlebotomist, or laboratory assistant acting at the request
of a peace officer may withdraw blood for the purpose of determining the
presence of alcohol, a controlled substance or its metabolite, or a hazardous
substance. This limitation does not
apply to the taking of a breath or urine sample.
(b) The person tested has
the right to have someone of the person's own choosing administer a chemical
test or tests in addition to any administered at the direction of a peace
officer; provided, that the additional test sample on behalf of the person is
obtained at the place where the person is in custody, after the test
administered at the direction of a peace officer, and at no expense to the
state. The failure or inability to
obtain an additional test or tests by a person does not preclude the admission
in evidence of the test taken at the direction of a peace officer unless the
additional test was prevented or denied by the peace officer.
(c) The physician, medical
technician, emergency medical technician-paramedic, medical technologist,
medical laboratory technician, laboratory assistant, phlebotomist, or
registered nurse drawing blood at the request of a peace officer for the
purpose of determining the concentration of alcohol, a controlled substance or
its metabolite, or a hazardous substance is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The person administering a breath test must
be fully trained in the administration of breath tests pursuant to training
given by the commissioner of public safety.
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2006, section 171.12, is
amended by adding a subdivision to read:
Subd. 9. Driving record
disclosure to law enforcement. The
commissioner shall also furnish driving records, without charge, to chiefs of
police, county sheriffs, prosecuting attorneys, and other law enforcement
agencies with the power to arrest.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 171.305, is
amended by adding a subdivision to read:
Subd. 11. Program standards. The program standards applicable to
section 171.306 also apply to this section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 5. [171.306]
IGNITION INTERLOCK DEVICE PILOT PROJECT.
Subdivision 1. Pilot project
established; reports. The
commissioner shall conduct a two-year ignition interlock device pilot project
as provided in this section. The
commissioner shall select one metropolitan county and one rural county to
participate in the pilot project. The
pilot project must begin on July 1, 2007, and continue until June 30,
2009. The commissioner shall submit two
preliminary reports by February 1, 2008, and by December 1, 2008, and a final
report by September 1, 2009, to the chairs and ranking minority members of the
senate and house of representatives committees having jurisdiction over
criminal justice policy and funding.
The reports must evaluate the successes and failures of the pilot
project, provide information on participation rates, and make recommendations
on continuing the project.
Subd. 2.
Subd. 3. Pilot project
components. (a) Under the
pilot project, the commissioner shall issue a driver's license to an individual
whose driver's license has been revoked under chapter 169A for a repeat impaired
driving incident if the person qualifies under this section and agrees to all
of the conditions of the project.
(b) The commissioner must
denote the person's driver's license record to indicate the person's
participation in the program. The
license must authorize the person to drive only vehicles having functioning
ignition interlock devices conforming with the requirements of subdivision 2.
(c) Notwithstanding any
statute or rule to the contrary, the commissioner has authority to and shall
determine the appropriate period for which a person participating in the
ignition interlock pilot program shall be subject to this program, and when the
person is eligible to be issued:
(1) a limited driver's
license subject to the ignition interlock restriction;
(2) full driving privileges
subject to the ignition interlock restriction; and
(3) a driver's license
without an ignition interlock restriction.
(d) A person participating
in this pilot project shall agree to participate in any treatment recommended
by a chemical use assessment.
(e) The commissioner shall
determine guidelines for participation in the project. A person participating in the project shall
sign a written agreement accepting these guidelines and agreeing to comply with
them.
(f) It is a misdemeanor for
a person who is licensed under this section for driving a vehicle equipped with
an ignition interlock device to drive, operate, or be in physical control of a
motor vehicle other than a vehicle properly equipped with an ignition interlock
device.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2006, section 171.55, is
amended to read:
171.55 OUT-OF-STATE CONVICTIONS GIVEN EFFECT.
The commissioner shall give
the same effect for driver licensing purposes to conduct reported from a
licensing authority or court in another state or province or territory of
Canada that the commissioner would give to conduct reported from a court or
other agency of this state, whether or not the other state or province or
territory of Canada is a party to the Driver License Compact in section
171.50. The conduct to be given effect
by the commissioner includes a report of conviction for an offense enumerated
in section 171.50, article IV, or an offense described in sections 171.17 and
171.18.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec.
7. Minnesota Statutes 2006, section
609.21, subdivision 1, is amended to read:
Subdivision 1. Criminal
vehicular homicide or operation; crime described. A person is guilty of criminal vehicular
homicide resulting in death and may be sentenced to imprisonment for not
more than ten years or to payment of a fine of not more than $20,000, or both
or operation and may be sentenced as provided in subdivision 1a, if the
person causes injury to or the death of a human being not
constituting murder or manslaughter another as a result of operating
a motor vehicle:
(1) in a grossly negligent
manner;
(2) in a negligent manner
while under the influence of:
(i) alcohol;
(ii) a controlled substance;
or
(iii) any combination of
those elements;
(3) while having an alcohol
concentration of 0.08 or more;
(4) while having an alcohol
concentration of 0.08 or more, as measured within two hours of the time of
driving;
(5) in a negligent manner
while knowingly under the influence of a hazardous substance;
(6) in a negligent manner
while any amount of a controlled substance listed in schedule I or II, or
its metabolite, other than marijuana or tetrahydrocannabinols, is present
in the person's body; or
(7) where the driver who
causes the accident leaves the scene of the accident in violation of section
169.09, subdivision 1 or 6.; or
(8) where the driver had
actual knowledge that a peace officer had previously issued a citation or
warning that the motor vehicle was defectively maintained, the driver had
actual knowledge that remedial action was not taken, the driver had reason to
know that the defect created a present danger to others, and the injury or
death was caused by the defective maintenance.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2006, section 609.21, is
amended by adding a subdivision to read:
Subd. 1a. Criminal penalties. (a) A person who violates subdivision 1
and causes the death of a human being not constituting murder or manslaughter
or the death of an unborn child may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who violates
subdivision 1 and causes great bodily harm to another not constituting
attempted murder or assault or great bodily harm to an unborn child who is
subsequently born alive may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
(c) A person who violates
subdivision 1 and causes substantial bodily harm to another may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $10,000, or both.
(d)
A person who violates subdivision 1 and causes bodily harm to another may be
sentenced to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2006, section 609.21, is
amended by adding a subdivision to read:
Subd. 1b. Conviction not bar to
punishment for other crimes. A
prosecution for or a conviction of a crime under this section relating to
causing death or injury to an unborn child is not a bar to conviction of or
punishment for any other crime committed by the defendant as part of the same
conduct.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2006, section 609.21,
subdivision 4a, is amended to read:
Subd. 4a. Affirmative
defense. It shall be an affirmative
defense to a charge under subdivision 1, clause (6); 2, clause (6); 2a,
clause (6); 2b, clause (6); 3, clause (6); or 4, clause (6), that the
defendant used the controlled substance according to the terms of a prescription
issued for the defendant in accordance with sections 152.11 and 152.12.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2006, section 609.21,
subdivision 5, is amended to read:
Subd. 5. Definitions. For purposes of this section, the terms
defined in this subdivision have the meanings given them.
(a) "Motor
vehicle" has the meaning given in section 609.52, subdivision 1, and
includes attached trailers.
(b) "Controlled
substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous
substance" means any chemical or chemical compound that is listed as a
hazardous substance in rules adopted under chapter 182.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2006, section 634.15,
subdivision 1, is amended to read:
Subdivision 1. Certificates
of analysis; blood sample reports; chain of custody. (a) In any hearing or trial of a
criminal offense or petty misdemeanor or proceeding pursuant to section
169A.53, subdivision 3, the following documents shall be admissible in
evidence:
(a) (1) a report of the facts and
results of any laboratory analysis or examination if it is prepared and
attested by the person performing the laboratory analysis or examination in any
laboratory operated by the Bureau of Criminal Apprehension or authorized by the
bureau to conduct an analysis or examination, or in any laboratory of the
Federal Bureau of Investigation, the federal Postal Inspection Service, the
federal Bureau of Alcohol, Tobacco and Firearms, or the federal Drug
Enforcement Administration;
(b) (2) a report of a blood sample
withdrawn under the implied consent law if:
(i) The report was prepared
by the person who administered the test;
(ii) The person who withdrew
the blood sample was competent to administer the test under section 169A.51,
subdivision 7; and
(iii) The report was
prepared consistent with any applicable rules promulgated by the commissioner
of public safety; and
(c) (3) a verified chain of custody
of a specimen while under the control of a laboratory described in clause (a)
(1).
(b) A report described in paragraph
(a), clause (a) (1), purported to be signed by the person
performing the analysis or examination in a laboratory named in that clause, or
a blood sample report described in paragraph (a), clause (b)
(2), purported to be signed by the person who withdrew the blood sample
shall be admissible as evidence without proof of the seal, signature or
official character of the person whose name is signed to it. The signature in paragraph (a), clause
(a) (1) or (b) (2), can be written or in electronic
format.
(c) At least 20 days before
trial, the prosecutor shall submit to the accused person or the accused
person's attorney notice of the contents of a report described in paragraph (a)
and of the requirements of subdivision 2.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 13. Minnesota Statutes 2006, section 634.15,
subdivision 2, is amended to read:
Subd. 2. Testimony
at trial. (a) Except in
civil proceedings, including proceedings under section 169A.53, an accused
person or the accused person's attorney may request, by notifying the
prosecuting attorney at least ten days before the trial, that the following
persons testify in person at the trial on behalf of the state:
(a) (1) a person who performed the
laboratory analysis or examination for the report described in subdivision 1, paragraph
(a), clause (a) (1); or
(b) (2) a person who prepared the
blood sample report described in subdivision 1, paragraph (a), clause (b)
(2).
If a petitioner in a
proceeding under section 169A.53 subpoenas a person described in paragraph
(a) clause (1) or (b) (2), to testify at the
proceeding, the petitioner is not required to pay the person witness fees under
section 357.22 in excess of $100.
(b) If the accused person or
the accused person's attorney does not comply with the ten-day requirement
described in paragraph (a), the prosecutor is not required to produce the
person who performed the analysis or examination or prepared the report. In this case, the accused person's right to
confront that witness is waived and the report shall be admitted into evidence.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
14. REVISOR'S INSTRUCTION.
(a) In Minnesota Statutes,
sections 171.3215, subdivision 2a; and 609.135, subdivision 2, the revisor of
statutes shall change the references in column A to the references in column B.
Column A Column B
609.21,
subdivision 1 609.21,
subdivision 1a, paragraph (a)
609.21,
subdivision 2 609.21,
subdivision 1a, paragraph (b)
609.21,
subdivision 2a 609.21,
subdivision 1a, paragraph (c)
609.21,
subdivision 2b 609.21,
subdivision 1a, paragraph (d)
609.21,
subdivision 4 609.21,
subdivision 1a, paragraph (b)
(b) In Minnesota Statutes, section 609.035, subdivision 1, the revisor
of statutes shall replace the reference to Minnesota Statutes, section 609.21,
subdivisions 3 and 4, with a reference to Minnesota Statutes, section 609.21,
subdivision 1b.
(c) In Minnesota Statutes, section 609.266, the revisor of statutes
shall replace the reference to Minnesota Statutes, section 609.21, subdivisions
3 and 4, with a reference to Minnesota Statutes, section 609.21, subdivision
1a, paragraphs (a) and (b).
(d) In Minnesota Statutes, section 169A.03, subdivisions 20 and 21, and
Minnesota Statutes, section 169A.24, subdivision 1, the revisor of statutes
shall strike the references to Minnesota Statutes, section 609.21, subdivision
2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 2b,
clauses (2) to (6); subdivision 3, clauses (2) to (6); and subdivision 4,
clauses (2) to (6).
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 15. REPEALER.
Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, and
4, are repealed.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
ARTICLE 4
CRIME VICTIMS
Section 1. Minnesota Statutes
2006, section 299C.46, is amended by adding a subdivision to read:
Subd. 6. Orders for protection and no contact orders. The data communications network must
include orders for protection issued under section 518B.01 and no contact
orders issued under section 629.715, subdivision 4. A no contact order must be accompanied by a photograph of the
offender for the purpose of enforcement of the order, if a photograph is
available and verified by the court to be an image of the defendant.
EFFECTIVE DATE. This section is effective August 1, 2007
Sec. 2. Minnesota Statutes 2006, section 363A.06,
subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall do the
following:
(1) exercise leadership under the direction of the governor in the
development of human rights policies and programs, and make recommendations to
the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any
other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the
commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the
records of the Department of Employment and Economic Development of the state
when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state
governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair
discriminatory practices, and determine whether or not probable cause exists
for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require
the production for examination of any books or papers relative to any matter
under investigation or in question as the commissioner deems appropriate to
carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and
persuasion to eliminate unfair discriminatory practices as being contrary to
the public policy of the state;
(11) develop and conduct programs of formal and informal education
designed to eliminate discrimination and intergroup conflict by use of
educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the
governor each year;
(13) accept gifts, bequests, grants, or other payments public and
private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of
Human Rights;
(15) develop such programs as will aid in determining the compliance
throughout the state with the provisions of this chapter, and in the
furtherance of such duties, conduct research and study discriminatory practices
based upon race, color, creed, religion, national origin, sex, age, disability,
marital status, status with regard to public assistance, familial status,
sexual orientation, or other factors and develop accurate data on the nature
and extent of discrimination and other matters as they may affect housing,
employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate
technical assistance to persons subject to the provisions of this chapter, and
to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be
created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made
available for that purpose in aid of carrying out duties and responsibilities;
and
(19) cooperate and consult with the commissioner of labor and industry
regarding the investigation of violations of, and resolution of complaints
regarding section 363A.08, subdivision 7.
In performing these duties, the commissioner shall give priority to
those duties in clauses (8), (9), and (10) and to the duties in section
363A.36.
(b) All gifts, bequests, grants, or other payments, public and private,
accepted under paragraph (a), clause (13), must be deposited in the state
treasury and credited to a special account.
Money in the account is appropriated to the commissioner of human rights
to help finance activities of the department.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 3. [504B.206] RIGHT OF VICTIMS OF DOMESTIC ABUSE TO TERMINATE LEASE.
Subdivision 1. Right to terminate; procedure. (a) A tenant to a residential lease who is a victim of
domestic abuse and fears imminent domestic abuse against the tenant or the
tenant's minor children if the tenant or the tenant's minor children remain in
the leased premises may terminate a lease agreement without penalty or
liability as provided in this section.
The tenant must provide advance written notice to the landlord stating
that:
(1) the tenant fears imminent domestic abuse from a person named in an
order for protection or no contact order;
(2) the tenant needs to terminate the tenancy; and
(3) the specific date the tenancy will terminate.
(b) The written notice must be delivered before the termination of the tenancy
by mail, fax, or in person, and be accompanied by the order for protection or
no contact order.
(c) For purposes of this section, an order for protection means an
order issued under chapter 518B. A no
contact order means a no contact order currently in effect, issued under
section 518B.01, subdivision 22, or chapter 609.
Subd. 2. Treatment of information.
A landlord must not disclose information provided to the landlord by
a tenant documenting domestic abuse under subdivision 1. The information must not be entered into any
shared database or provided to any person or entity but may be used when
required as evidence in an eviction proceeding, action for unpaid rent or
damages arising out of the tenancy, claims under section 504B.178, with the consent
of the tenant, or as otherwise required by law.
Subd. 3. Liability for rent; termination of tenancy. (a) A tenant terminating a lease under
subdivision 1 is responsible for the rent payment for the full month in which
the tenancy terminates and an additional amount equal to one month's rent. The tenant is relieved of any other
contractual obligation for payment of rent or any other charges for the
remaining term of the lease, except as provided in this section.
(b) This section does not
affect a tenant's liability for delinquent, unpaid rent or other amounts owed
to the landlord before the lease was terminated by the tenant under this
section.
(c) The tenancy terminates, including the right of possession of the
premises, on the termination date stated in the notice under subdivision
1. The amount equal to one month's rent
must be paid on or before the termination of the tenancy for the tenant to be
relieved of the contractual obligations for the remaining term of the lease as
provided in this section.
(d) For purposes of this section, the provisions of section 504B.178
are triggered as follows:
(1) if the only tenant is the tenant who is the victim of domestic
abuse and the tenant's minor children, if any, upon the first day of the month
following the later of:
(i) the date the tenant vacates the premises; or
(ii) the termination of the tenancy indicated in the written notice
under subdivision 1; or
(2) if there are additional tenants bound by the lease, upon the
expiration of the lease.
Subd. 4. Multiple tenants. Notwithstanding
the release of a tenant from a lease agreement under this section, if there are
any remaining tenants the tenancy continues for those remaining tenants.
Subd. 5. Waiver prohibited. A
residential tenant may not waive, and a landlord may not require the
residential tenant to waive, the tenant's rights under this section.
Subd. 6. Definition. For
purposes of this section, "domestic abuse" has the meaning given in
section 518B.01, subdivision 2.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 595.02, subdivision 1, is amended to read:
Subdivision 1. Competency of witnesses. Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal,
in court or before any person who has authority to receive evidence, except as
provided in this subdivision:
(a) A husband cannot be examined for or against his wife without her
consent, nor a wife for or against her husband without his consent, nor can
either, during the marriage or afterwards, without the consent of the other, be
examined as to any communication made by one to the other during the
marriage. This exception does not apply
to a civil action or proceeding by one against the other, nor to a criminal
action or proceeding for a crime committed by one against the other or against
a child of either or against a child under the care of either spouse, nor to a
criminal action or proceeding in which one is charged with homicide or an
attempt to commit homicide and the date of the marriage of the defendant is
subsequent to the date of the offense, nor to an action or proceeding for
nonsupport, neglect, dependency, or termination of parental rights.
(b) An attorney cannot, without the consent of the attorney's client,
be examined as to any communication made by the client to the attorney or the
attorney's advice given thereon in the course of professional duty; nor can any
employee of the attorney be examined as to the communication or advice, without
the client's consent.
(c) A member of the clergy or
other minister of any religion shall not, without the consent of the party
making the confession, be allowed to disclose a confession made to the member
of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the
member of the clergy or other minister belongs; nor shall a member of the
clergy or other minister of any religion be examined as to any communication
made to the member of the clergy or other minister by any person seeking
religious or spiritual advice, aid, or comfort or advice given thereon in the
course of the member of the clergy's or other minister's professional character,
without the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall
not, without the consent of the patient, be allowed to disclose any information
or any opinion based thereon which the professional acquired in attending the
patient in a professional capacity, and which was necessary to enable the
professional to act in that capacity; after the decease of the patient, in an
action to recover insurance benefits, where the insurance has been in existence
two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this
privilege, and no oral or written waiver of the privilege shall have any
binding force or effect except when made upon the trial or examination where
the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications
made to the officer in official confidence when the public interest would
suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of
their production for examination are not competent witnesses if they lack
capacity to remember or to relate truthfully facts respecting which they are
examined.
(g) A registered nurse, psychologist, consulting psychologist, or
licensed social worker engaged in a psychological or social assessment or
treatment of an individual at the individual's request shall not, without the
consent of the professional's client, be allowed to disclose any information or
opinion based thereon which the professional has acquired in attending the
client in a professional capacity, and which was necessary to enable the
professional to act in that capacity.
Nothing in this clause exempts licensed social workers from compliance
with the provisions of sections 626.556 and 626.557.
(h) An interpreter for a person disabled in communication shall not,
without the consent of the person, be allowed to disclose any communication if
the communication would, if the interpreter were not present, be
privileged. For purposes of this
section, a "person disabled in communication" means a person who,
because of a hearing, speech or other communication disorder, or because of the
inability to speak or comprehend the English language, is unable to understand
the proceedings in which the person is required to participate. The presence of an interpreter as an aid to
communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose information
or an opinion based on the information which they acquire from persons
consulting them in their professional capacities, and which was necessary to
enable them to act in that capacity, except that they may do so:
(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in
clear and imminent danger to the client or others;
(2) when the communications reveal the contemplation or ongoing
commission of a crime; or
(3) when the consulting person waives the privilege by bringing suit or
filing charges against the licensed professional whom that person consulted.
(j) A parent or the parent's
minor child may not be examined as to any communication made in confidence by the
minor to the minor's parent. A
communication is confidential if made out of the presence of persons not
members of the child's immediate family living in the same household. This exception may be waived by express
consent to disclosure by a parent entitled to claim the privilege or by the
child who made the communication or by failure of the child or parent to object
when the contents of a communication are demanded. This exception does not apply to a civil action or proceeding by
one spouse against the other or by a parent or child against the other, nor to
a proceeding to commit either the child or parent to whom the communication was
made or to place the person or property or either under the control of another
because of an alleged mental or physical condition, nor to a criminal action or
proceeding in which the parent is charged with a crime committed against the
person or property of the communicating child, the parent's spouse, or a child
of either the parent or the parent's spouse, or in which a child is charged
with a crime or act of delinquency committed against the person or property of
a parent or a child of a parent, nor to an action or proceeding for termination
of parental rights, nor any other action or proceeding on a petition alleging child
abuse, child neglect, abandonment or nonsupport by a parent.
(k) Sexual assault counselors may not be compelled to testify about
allowed to disclose any opinion or information received from or about the
victim without the consent of the victim.
However, a counselor may be compelled to identify or disclose
information in investigations or proceedings related to neglect or termination
of parental rights if the court determines good cause exists. In determining whether to compel disclosure,
the court shall weigh the public interest and need for disclosure against the
effect on the victim, the treatment relationship, and the treatment services if
disclosure occurs. Nothing in this
clause exempts sexual assault counselors from compliance with the provisions of
sections 626.556 and 626.557.
"Sexual assault counselor" for the purpose of this section
means a person who has undergone at least 40 hours of crisis counseling
training and works under the direction of a supervisor in a crisis center,
whose primary purpose is to render advice, counseling, or assistance to victims
of sexual assault.
(l) A person cannot be examined as to any communication or document,
including worknotes, made or used in the course of or because of mediation
pursuant to an agreement to mediate.
This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement set aside or
reformed. A communication or document
otherwise not privileged does not become privileged because of this
paragraph. This paragraph is not
intended to limit the privilege accorded to communication during mediation by
the common law.
(m) A child under ten years of age is a competent witness unless the
court finds that the child lacks the capacity to remember or to relate
truthfully facts respecting which the child is examined. A child describing any act or event may use
language appropriate for a child of that age.
(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person
making the communication, be allowed to disclose communications made to the
communication assistant for the purpose of relaying.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 5. Minnesota Statutes
2006, section 611A.036, subdivision 2, is amended to read:
Subd. 2. Victim's spouse or next of kin immediate family members. An employer must allow a victim of a heinous
violent crime, as well as the victim's spouse or next of kin
immediate family members, reasonable time off from work to attend criminal
proceedings related to the victim's case.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
6. Minnesota Statutes 2006, section
611A.036, subdivision 7, is amended to read:
Subd. 7. Definition. As used in this
section, "heinous crime" "violent crime"
means a violation or attempt to violate any of the following: section
609.185 (murder in the first degree); 609.19 (murder in the second degree);
609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.21 (criminal
vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.2241 (knowing transfer of communicable
disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused
by distribution of drugs); 609.23 (mistreatment of persons confined); 609.231
(mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233
(criminal neglect); 609.235 (use of drugs to injure or facilitate crime);
609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an
unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.2672 (assault of an unborn child in the third degree);
609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); 609.342 (criminal sexual conduct in the first degree);
609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the
fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children
to engage in sexual conduct); 609.377 (malicious punishment of a child);
609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in
the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c),
(burglary in the first degree; occupied dwelling or involving an assault); or
609.66, subdivision 1e, paragraph (b), (drive-by shooting; firing at or toward
a person, or an occupied building or motor vehicle).
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense
was committed with force or violence or if the complainant was a minor at the
time of the offense.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. [611A.26] POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT
COMPLAINTS; LIMITATIONS.
Subdivision 1. Polygraph prohibition.
No law enforcement agency or prosecutor shall require that a
complainant of a criminal sexual conduct offense submit to a polygraph
examination as part of or a condition to proceeding with the investigation,
charging, or prosecution of such offense.
Subd. 2. Law enforcement inquiry.
A law enforcement agency or prosecutor may not ask that a complainant
of a criminal sexual conduct offense submit to a polygraph examination as part
of the investigation, charging, or prosecution of such offense unless the
complainant has been referred to, and had the opportunity to exercise the
option of consulting with a sexual assault counselor as defined in section
595.02, subdivision 1, paragraph (k).
Subd. 3. Informed consent requirement. At the request of the complainant, a law enforcement agency
may conduct a polygraph examination of the complainant only with the
complainant's written, informed consent as provided in this subdivision.
Subd.
4.
(1) the taking of the polygraph examination is voluntary and solely at
the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that
the complainant submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not
be used as a basis by the law enforcement agency or prosecutor not to
investigate, charge, or prosecute the offender.
Subd. 5. Polygraph refusal. A
complainant's refusal to submit to a polygraph examination shall not prevent
the investigation, charging, or prosecution of the offense.
Subd. 6. Definitions. For
the purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section
609.342, 609.343, 609.344, 609.345, or 609.3451.
(b) "Complainant" means a person reporting to have been
subjected to criminal sexual conduct.
(c) "Polygraph examination" means any mechanical or
electrical instrument or device of any type used or allegedly used to examine,
test, or question individuals for the purpose of determining truthfulness.
EFFECTIVE DATE. This section is effective July 1, 2008.
Sec. 8. Minnesota Statutes
2006, section 611A.675, subdivision 1, is amended to read:
Subdivision 1. Grants authorized. The Crime Victim and Witness Advisory
Council commissioner of public safety shall make grants to
prosecutors and victim assistance programs for the purpose of providing
emergency assistance to victims. As
used in this section, "emergency assistance" includes but is not
limited to:
(1) replacement of necessary property that was lost, damaged, or stolen
as a result of the crime;
(2) purchase and installation of necessary home security devices;
(3) transportation to locations related to the victim's needs as a
victim, such as medical facilities and facilities of the criminal justice
system;
(4) cleanup of the crime scene; and
(5) reimbursement for reasonable travel and living expenses the victim
incurred to attend court proceedings that were held at a location other than
the place where the crime occurred due to a change of venue; and
(6) reimbursement of towing and storage fees incurred due to
impoundment of a recovered stolen vehicle.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
9. Minnesota Statutes 2006, section
611A.675, subdivision 2, is amended to read:
Subd. 2. Application for grants. (a)
A city or county attorney's office or victim assistance program may apply
to the council commissioner of public safety for a grant for any
of the purposes described in subdivision 1 or for any other emergency
assistance purpose approved by the council commissioner. The application must be on forms and
pursuant to procedures developed by the council commissioner. The application must describe the type or
types of intended emergency assistance, estimate the amount of money required,
and include any other information deemed necessary by the council
commissioner.
(b) A city or county attorney's office or victim assistance program
that applies for a grant for the purpose described in subdivision 1, clause
(6), must make the application on a separate form and pursuant to procedures
developed by the commissioner. The
application must estimate the amount of money required for reimbursement costs,
estimate the amount of money required for administrative costs, and include any
other information deemed necessary by the commissioner. An applicant may not spend in any fiscal
year more than five percent of the grant awarded for administrative costs.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 10. Minnesota Statutes
2006, section 611A.675, is amended by adding a subdivision to read:
Subd. 2a. Awards; limitations.
(a) No award may be granted under subdivision 1, clause (6), to a
victim that fails to provide proof of insurance stating that security had been
provided for the vehicle at the time the vehicle was stolen. As used in this paragraph, "proof of
insurance" has the meaning given it in section 169.791, subdivision 1,
paragraph (g).
(b) An award paid to a victim under subdivision 1, clause (6), shall
compensate the victim for actual costs incurred but shall not exceed $300.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 11. Minnesota Statutes
2006, section 611A.675, subdivision 3, is amended to read:
Subd. 3. Reporting by local agencies required. A city or county attorney's office or victim assistance program
that receives a grant under this section shall file an annual report with the council
commissioner of public safety itemizing the expenditures made during the
preceding year, the purpose of those expenditures, and the ultimate
disposition, if any, of each assisted victim's criminal case.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 12. Minnesota Statutes
2006, section 611A.675, subdivision 4, is amended to read:
Subd. 4. Report to legislature. On
or before February 1, 1999, the council shall report to the chairs of the
senate Crime Prevention and house of representatives Judiciary Committees on
the implementation, use, and administration of the grant program created under
this section. By February 1, 2008, the commissioner of public safety
shall report to the chairs and ranking members of the senate and house
committees and divisions having jurisdiction over criminal justice policy and
funding on the implementation, use, and administration of the grant programs
created under this section.
EFFECTIVE DATE. This section is effective July 1, 2007.
ARTICLE
5
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota Statutes
2006, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial
districts composed of the following named counties, respectively, in each of
which districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le
Sueur, McLeod, Scott, and Sibley; 33 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston,
Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges;
and permanent chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon,
Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock,
Faribault, Martin, and Jackson; 16 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake,
and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs,
Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 27 28
judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls,
Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui
Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope,
Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall,
Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing,
Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 22
23 judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls;
and
10. Anoka, Isanti, Wright,
Sherburne, Kanabec, Pine, Chisago, and Washington; 43 45 judges;
and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec. 2. Minnesota Statutes
2006, section 3.732, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section and section 3.736 the terms defined in
this section have the meanings given them.
(1) "State" includes each of the departments, boards,
agencies, commissions, courts, and officers in the executive, legislative, and
judicial branches of the state of Minnesota and includes but is not limited to
the Housing Finance Agency, the Minnesota Office of Higher Education, the
Higher Education Facilities Authority, the Health Technology Advisory
Committee, the Armory Building Commission, the Zoological Board, the Iron Range
Resources and Rehabilitation
Board, the State Agricultural Society, the University of Minnesota, the
Minnesota State Colleges and Universities, state hospitals, and state penal
institutions. It does not include a
city, town, county, school district, or other local governmental body corporate
and politic.
(2) "Employee of the state" means all present or former
officers, members, directors, or employees of the state, members of the
Minnesota National Guard, members of a bomb disposal unit approved by the
commissioner of public safety and employed by a municipality defined in section
466.01 when engaged in the disposal or neutralization of bombs or other similar
hazardous explosives, as defined in section 299C.063, outside the jurisdiction
of the municipality but within the state, or persons acting on behalf of the
state in an official capacity, temporarily or permanently, with or without
compensation. It does not include
either an independent contractor except, for purposes of this section and
section 3.736 only, a guardian ad litem acting under court appointment, or
members of the Minnesota National Guard while engaged in training or duty under
United States Code, title 10, or title 32, section 316, 502, 503, 504, or 505,
as amended through December 31, 1983.
Notwithstanding sections 43A.02 and 611.263, for purposes of this
section and section 3.736 only, "employee of the state" includes a
district public defender or assistant district public defender in the Second or
Fourth Judicial District and a member of the Health Technology Advisory
Committee.
(3) "Scope of office or employment" means that the employee
was acting on behalf of the state in the performance of duties or tasks
lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section
43A.02, subdivision 25.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 3. Minnesota Statutes
2006, section 3.736, subdivision 1, is amended to read:
Subdivision 1. General rule. The state will pay compensation for injury to or loss of property
or personal injury or death caused by an act or omission of an employee of the
state while acting within the scope of office or employment or a peace officer
who is not acting on behalf of a private employer and who is acting in good
faith under section 629.40, subdivision 4, under circumstances where the state,
if a private person, would be liable to the claimant, whether arising out of a
governmental or proprietary function. Nothing
in this section waives the defense of judicial, quasi-judicial, or
legislative immunity except to the extent provided in subdivision 8.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes
2006, section 15A.083, subdivision 4, is amended to read:
Subd. 4. Ranges for other judicial positions. Salaries or salary ranges are provided for the following
positions in the judicial branch of government. The appointing authority of any position for which a salary range
has been provided shall fix the individual salary within the prescribed range,
considering the qualifications and overall performance of the employee. The Supreme Court shall set the salary of
the state court administrator and the salaries of district court
administrators. The salary of the state
court administrator or a district court administrator may not exceed the salary
of a district court judge. If
district court administrators die, the amounts of their unpaid salaries for the
months in which their deaths occur must be paid to their estates. The salary of the state public defender
shall be fixed by the State Board of Public Defense but must not exceed the
salary of a district court judge.
Salary or Range
Effective
July 1, 1994
Board on Judicial Standards executive director $44,000-60,000
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 260C.193,
subdivision 6, is amended to read:
Subd. 6. Termination of jurisdiction.
The court may dismiss the petition or otherwise terminate its
jurisdiction on its own motion or on the motion or petition of any interested
party at any time. Unless terminated by
the court, and except as otherwise provided in this subdivision, the
jurisdiction of the court shall continue until the individual becomes 19 years
of age if the court determines it is in the best interest of the individual to
do so. Court jurisdiction under
section 260C.007, subdivision 6, clause (14), may not continue past the child's
18th birthday.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 6. Minnesota Statutes
2006, section 302A.781, is amended by adding a subdivision to read:
Subd. 5. Other claims preserved.
In addition to the claims in subdivision 4, all other statutory and
common law rights of persons who may bring claims of injury to a person,
including death, are not affected by dissolution under this chapter.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. Minnesota Statutes
2006, section 352D.02, subdivision 1, is amended to read:
Subdivision 1. Coverage. (a) Employees enumerated in paragraph (c), clauses (2), (3), (4),
and (6) to (14), if they are in the unclassified service of the state or
Metropolitan Council and are eligible for coverage under the general state
employees retirement plan under chapter 352, are participants in the
unclassified plan under this chapter unless the employee gives notice to the
executive director of the Minnesota State Retirement System within one year
following the commencement of employment in the unclassified service that the
employee desires coverage under the general state employees retirement
plan. For the purposes of this chapter,
an employee who does not file notice with the executive director is deemed to have
exercised the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clause (5), are participants
in the unclassified program under this chapter unless the person was eligible
to elect different coverage under section 3A.07 and elected retirement coverage
by the applicable alternative retirement plan.
Persons referenced in paragraph (c), clause (15), are participants in
the unclassified program under this chapter for judicial employment in excess
of the service credit limit in section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the
state auditor, and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor,
Secretary of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in
the unclassified service, an acting department head subsequently appointed to
the position, or an employee enumerated in section 15A.0815 or 15A.083,
subdivision 4;
(5) a member of the legislature;
(6) a full-time unclassified
employee of the legislature or a commission or agency of the legislature who is
appointed without a limit on the duration of the employment or a temporary
legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible
for coverage under the Minnesota State Retirement System;
(7) a person who is employed in a position established under section
43A.08, subdivision 1, clause (3), or in a position authorized under a statute
creating or establishing a department or agency of the state, which is at the
deputy or assistant head of department or agency or director level;
(8) the regional administrator, or executive director of the
Metropolitan Council, general counsel, division directors, operations managers,
and other positions as designated by the council, all of which may not exceed
27 positions at the council and the chair;
(9) the executive director, associate executive director, and not to
exceed nine positions of the Minnesota Office of Higher Education in the
unclassified service, as designated by the Minnesota Office of Higher Education
before January 1, 1992, or subsequently redesignated with the approval of the
board of directors of the Minnesota State Retirement System, unless the person
has elected coverage by the individual retirement account plan under chapter
354B;
(10) the clerk of the appellate courts appointed under article VI,
section 2, of the Constitution of the state of Minnesota, the state court
administrator and judicial district administrators;
(11) the chief executive officers of correctional facilities operated
by the Department of Corrections and of hospitals and nursing homes operated by
the Department of Human Services;
(12) an employee whose principal employment is at the state ceremonial
house;
(13) an employee of the Minnesota Educational Computing Corporation;
(14) an employee of the State Lottery who is covered by the managerial
plan established under section 43A.18, subdivision 3; and
(15) a judge who has exceeded the service credit limit in section
490.121, subdivision 22.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 8. [357.42] DRUG COURT FEES.
(a) When a court establishes a drug court process, the court may
establish one or more fees for services provided to defendants participating in
the process.
(b) In each fiscal year, the court shall deposit the drug court
participation fees in the special revenue fund and credit the fees to a
separate account for the trial courts.
The balance in this account is appropriated to the trial courts and does
not cancel but is available until expended.
Expenditures from this account must be made for drug court purposes.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 484.54,
subdivision 2, is amended to read:
Subd. 2. Expense payments. A judge
shall be paid travel and subsistence expenses for travel from the judge's place
of residence to and from the judge's permanent chambers only for a period of
two years after July 1, 1977, or the date the judge initially assumes
office, whichever is later as provided by Judicial Council policy.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 10. Minnesota Statutes
2006, section 484.83, is amended to read:
484.83 REINSTATEMENT OF
FORFEITED SUMS.
Subdivision 1. Abandonment of fees.
All sums deposited with the court administrator to cover fees shall
be deemed abandoned if the fees are not disbursed or the services covered by
the fees are not performed and the person entitled to refund of the fees does not
file a written demand for refund with the court administrator within six months
from the date of trial, dismissal, or striking of the cause as to jury fees and
from the date of deposit as to other fees.
Subd. 2. Bail forfeitures. Any
bail not forfeited by court order shall be deemed abandoned and forfeited if
the person entitled to refund does not file a written demand for refund with
the court administrator within six months from the date when the person became
entitled to the refund.
Subd. 3. Reinstated forfeited sums.
A district court judge may order any sums forfeited to be reinstated and
the commissioner of finance shall then refund accordingly. The commissioner of finance shall reimburse
the court administrator if the court administrator refunds the deposit upon a
judge's order and obtains a receipt to be used as a voucher.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION OF FORFEITED
SUMS; FOURTH JUDICIAL DISTRICT.
Subdivision 1. Abandonment of deposits and bail. (a) Any bail deposited with the court administrator of the
Fourth Judicial District on a nonfelony case and not forfeited by court order
shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six
months from the date when the person became entitled to the refund.
(b) Any judge may order any sums so forfeited under paragraph (a) to be
reinstated for cause and the court administrator shall then refund
accordingly. The receipting
municipality or subdivision of government shall reimburse the court
administrator if the court administrator refunds the deposit upon such an order
and obtains a receipt to be used as a voucher.
Subd. 2. Disposition of forfeited sums. All sums collected on any bail, bond, or recognizance
forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be
applied to the support of the law library of the county. The receipt of the county treasurer to the
court administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds, during any calendar
year equal $2,500, all sums in excess of that amount shall be paid to the
municipality or subdivision of government in which the violation occurred. The payments shall be made periodically but
not before six months from the date of the order for forfeiture. During that six-month period, but not
thereafter, any judge may set aside the forfeiture order upon proper showing of
cause. No obligation to pay sums so
ordered forfeited exists unless the forfeiture is not set aside within the
six-month period. For the purpose of
determining when the $2,500 shall have accrued to the county law library, the
final forfeiture shall be deemed to occur at the end of the six-month period.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 12. Minnesota Statutes 2006, section 504B.361,
subdivision 1, is amended to read:
Subdivision 1. Summons and writ. (a) The state court administrator shall
develop a uniform form for the summons and writ of recovery of premises and
order to vacate may be substantially in the forms in paragraphs (b) and (c).
(b)
FORM
OF SUMMONS
State of Minnesota )
) ss.
County of .......... )
Whereas, ..............., of ..........., has filed with the
undersigned, a judge of county stated, a complaint against ..............., of
.........., a copy of which is attached:
You are hereby summoned to appear before the undersigned on the
.......... day of .........., year.........., at .......... o'clock ...m., at
.........., to answer and defend against the complaint and to further be dealt
with according to law.
Dated at ........, this ........ day of ........, year.............
,
Judge ......... of
court.
(c)
FORM
OF WRIT OF RECOVERY OF PREMISES AND ORDER TO VACATE
State of Minnesota )
) ss.
County of .......... )
The State of Minnesota, to the Sheriff of the County:
Whereas, ..............., the plaintiff, of ...............,
in an eviction action, at a court held at ..............., in the county of
....................., on the ............... day of ..............., year
..............., before ..............., a judge of the county, recovered a judgment
against ..............., the ..............., to have recovery of the following
premises (describe here the property as in the complaint): ................. .
Therefore, you are commanded that, taking with you the force
of the county, if necessary, you cause ................. to be immediately
removed from the premises, and the plaintiff to recover the premises. You are also commanded that from the
personal property of ........................ within the county that you seize
and sell, the plaintiff be paid ............ . dollars, as the costs assessed
against the defendant, together with 25 cents for this writ. You are ordered to return this writ within
30 days.
Dated at ........, this ........ day of ........, year.............
,
Judge of court.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
13. Minnesota Statutes 2006, section
518.165, subdivision 1, is amended to read:
Subdivision
1. Permissive
appointment of guardian ad litem.
In all proceedings for child custody or for dissolution or legal
separation where custody or parenting time with a minor child is in issue, the
court may appoint a guardian ad litem from a panel established by the court to
represent the interests of the child.
The guardian ad litem shall advise the court with respect to custody,
support, and parenting time.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
14. Minnesota Statutes 2006, section
518.165, subdivision 2, is amended to read:
Subd.
2. Required
appointment of guardian ad litem. In
all proceedings for child custody or for marriage dissolution or legal
separation in which custody or parenting time with a minor child is an issue,
if the court has reason to believe that the minor child is a victim of domestic
child abuse or neglect, as those terms are defined in sections 260C.007 and
626.556, respectively, the court shall appoint a guardian ad litem. The guardian ad litem shall represent the
interests of the child and advise the court with respect to custody,
support, and parenting time. If the
child is represented by a guardian ad litem in any other pending proceeding,
the court may appoint that guardian to represent the child in the custody or
parenting time proceeding. No guardian
ad litem need be appointed if the alleged domestic child abuse or neglect is
before the court on a juvenile dependency and neglect petition. Nothing in this subdivision requires the
court to appoint a guardian ad litem in any proceeding for child custody,
marriage dissolution, or legal separation in which an allegation of domestic
child abuse or neglect has not been made.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
15. Minnesota Statutes 2006, section
518A.35, subdivision 3, is amended to read:
Subd.
3. Income
cap on determining basic support.
(a) The basic support obligation for parents with a combined parental
income for determining child support in excess of the income limit currently
in effect under subdivision 2 must be the same dollar amount as provided
for the parties with a combined parental income for determining child support
equal to the income in effect limit under subdivision 2.
(b)
A court may order a basic support obligation in a child support order in an
amount that exceeds the income limit in subdivision 2 if it finds that a child
has a disability or other substantial, demonstrated need for the additional
support for those reasons set forth in section 518A.43 and that the additional
support will directly benefit the child.
(c)
The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of
every even-numbered year to reflect cost-of-living changes. The Supreme Court must select the index for
the adjustment from the indices listed in section 518A.75, subdivision 1. The state court administrator must make the
changes in the dollar amounts required by this paragraph available to courts
and the public on or before April 30 of the year in which the amount is to
change.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
16. Minnesota Statutes 2006, section
563.01, is amended by adding a subdivision to read:
Subd.
7a. Copy
costs. The court
administrator shall provide a person who is proceeding in forma pauperis with a
copy of the person's court file without charge.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
17. Minnesota Statutes 2006, section
609.135, subdivision 8, is amended to read:
Subd.
8. Fine
and surcharge collection. (a)
A defendant's obligation to pay court-ordered fines, surcharges, court costs,
restitution, and fees shall survive for a period of six years from the date
of the expiration of the defendant's stayed sentence for the offense for which
the fines, surcharges, court costs, restitution, and fees were imposed,
or six years from the imposition or due date of the fines, surcharges, court
costs, restitution, and fees, whichever is later. Nothing in this subdivision extends the
period of a defendant's stay of sentence imposition or execution.
(b)
The six-year period relating to a defendant's obligation to pay restitution
under paragraph (a) does not limit the victim's right to collect restitution
through other means such as a civil judgment.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
18. Laws 2001, First Special Session
chapter 8, article 4, section 4, is amended to read:
Sec. 4. DISTRICT COURTS $118,470,000 $128,842,000
Carlton County
Extraordinary Expenses. $300,000 the first year is
to reimburse Carlton county for extraordinary expenses related to homicide
trials. This is a onetime
appropriation.
New Judge
Units. $774,000 the first year and
$1,504,000 the second year are for an increase in judgeship units, including
one trial court judge unit beginning October 1, 2001, in the tenth judicial
district, one trial court judge unit beginning April 1, 2002, in the third
judicial district, one trial court judge unit beginning July 1, 2002, in the
tenth judicial district, one trial court judge unit beginning January 1, 2003,
in the seventh judicial district, and one trial court judge unit beginning
January 1, 2003, in the first judicial district. Each judge unit consists of a judge, law clerk, and court
reporter.
Alternative
Dispute Resolution Programs. A portion of this
appropriation may be used for the alternative dispute resolution programs
authorized by article 5, section 18.
Supplemental
Funding for Certain Mandated Costs. $4,533,000 the first year
and $6,032,000 the second year are to supplement funding for guardians ad
litem, interpreters, rule 20 and civil commitment examinations, and in forma
pauperis costs in the fifth, seventh, eighth, and ninth judicial districts.
Trial Court
Infrastructure Staff. $684,000 the first year and
$925,000 the second year are for infrastructure staff.
Court
Effectiveness Initiatives; Community Courts and Screener Collectors. $835,000 the first year and $765,000 the second year
are for court effectiveness initiatives.
Of this amount, $125,000 each year is for continued funding of the
community court in the fourth judicial district and $125,000 each year is for
continued funding of the community court in the second judicial district. These are onetime appropriations.
The
second judicial district and fourth judicial district shall each report
quarterly to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over criminal justice funding on:
(1) how money appropriated
for this initiative was spent; and
(2) the cooperation of other
criminal justice agencies and county units of government in the community
courts' efforts.
The first report is due on
October 1, 2001. None of this
appropriation may be used for the purpose of complying with these reporting
requirements.
Of this amount, $585,000 the
first year and $515,000 the second year are for screener collector programs.
The fifth, seventh, and
ninth judicial district courts shall implement screener collector programs to
enhance the collection of overdue fine revenue by at least ten percent in each
location serviced by a screener collector.
By August 15, 2002, and annually thereafter, the state court
administrator shall report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over criminal
justice policy and funding issues on the total amount of fines collected, the
amount of overdue fines collected for the two preceding fiscal years, and the
expenditures associated with the screener collector program.
Ninth District
County and Support Pilot Projects. Up to $99,000 each year may
be used for the ninth judicial district to implement the pilot projects on the
six-month review of child custody, parenting time, and support orders, and on
the accounting for child support by obligees.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 19. Laws 2003,
First Special Session chapter 2, article 1, section 2, is amended to read:
Sec. 2. SUPREME COURT $38,806,000 $36,439,000
Report on
Court Fees. The state court administrator shall review and report back on the
financial consequences of policy changes made in the following areas: (1)
criminal and traffic offender surcharges; (2) public defender co-pays; and (3)
the use of revenue recapture to collect the public defender co-pay. The report shall also list the local governmental
units that employ administrative procedures to collect fines for ordinance
violations. The state court
administrator must submit the report to the chairs and ranking minority members
on the committees that have jurisdiction over court funding by January 15 of
each year.
$5,000
each year is for a contingent account for expenses necessary for the normal
operation of the court for which no other reimbursement is provided.
Legal Services
to Low-Income Clients in Family Law Matters.
Of
this appropriation, $877,000 each year is to improve the access of low-income
clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services programs
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph
(a). Any unencumbered balance remaining
in the first year does not cancel and is available in the second year.
Of this appropriation,
$355,000 in fiscal year 2005 is for the implementation of the Minnesota Child
Support Act and is contingent upon its enactment. This is a onetime appropriation.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 20. PUBLIC
DEFENDER STUDY AND REPORT REQUIRED.
The State Board of Public
Defense and the Hennepin County Board of Commissioners shall jointly prepare a
report to the legislature on the history of the funding of the public
defender's office in the Fourth Judicial District provided by the state and
Hennepin County. The report must
compare the costs and services provided by the Fourth Judicial District Public
Defender's Office to the costs and services provided by the state Board of
Public Defense in all other public defender district offices. The report must detail the amount of funding
provided by Hennepin County to the Fourth Judicial District Public Defender's
Office and the amount necessary for the state to assume the full costs of the
public defender duties in the Fourth Judicial District as in the other judicial
districts throughout the state. The
report must also recommend specific legislation that would provide for an
appropriate resolution of the state and local funding of the Fourth Judicial
District Public Defender's Office. The
report must be completed by October 1, 2007, and be submitted to the
commissioner of finance, the chairs and ranking minority members of the senate
and house committees and divisions with jurisdiction over finance, judiciary,
judiciary finance, and public safety finance, and the house Ways and Means Committee.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 21. REPEALER.
Minnesota Statutes 2006,
sections 260B.173; 480.175, subdivision 3; and 611.20, subdivision 5, are
repealed.
EFFECTIVE DATE. This section is effective July 1, 2007.
ARTICLE 6
CORRECTIONS
Section 1. Minnesota Statutes 2006, section 16A.72, is
amended to read:
16A.72 INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.
All income, including fees
or receipts of any nature, shall be credited to the general fund, except:
(1) federal aid;
(2) contributions, or
reimbursements received for any account of any division or department for which
an appropriation is made by law;
(3) income to the University
of Minnesota;
(4) income to revolving
funds now established in institutions under the control of the commissioners of
corrections or human services;
(5) investment earnings
resulting from the master lease program, except that the amount credited to
another fund or account may not exceed the amount of the additional expense
incurred by that fund or account through participation in the master lease
program;
(6) investment earnings
resulting from any gift, donation, devise, endowment, trust, or court ordered
or approved escrow account or trust fund, which should be credited to the fund
or account and appropriated for the purpose for which it was received;
(7) receipts from the
operation of patients' and inmates' stores and patients' vending
machines, which shall be deposited in the social welfare fund, or in the
case of prison industries in the correctional revolving fund, in each
institution for the benefit of the patients and inmates;
(8) money received in
payment for services of inmate labor employed in the industries carried on in
the state correctional facilities which receipts shall be credited to the
current expense fund of those facilities income to prison industries
which shall be credited to the correctional industries revolving fund;
(9) as provided in sections
16B.57 and 85.22;
(10) income to the Minnesota
Historical Society;
(11) the percent of income
collected by a private collection agency and retained by the collection agency
as its collection fee; or
(12) as otherwise provided
by law.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 2. Minnesota Statutes 2006, section 16B.181,
subdivision 2, is amended to read:
Subd. 2. Public
entities; purchases from corrections industries. (a) The commissioner of corrections, in consultation with the
commissioner of administration, shall prepare updated lists of the items
available for purchase from Department of Corrections industries and annually
forward a copy of the most recent list to all public entities within the
state. A public entity that is
supported in whole or in part with funds from the state treasury may purchase
items directly from corrections industries.
The bid solicitation process is not required for these purchases.
(b) The commissioner of
administration shall develop a contract or contracts to enable public entities
to purchase items directly from corrections industries. The commissioner of administration, in
consultation with the commissioner of corrections, shall determine the fair
market price for listed items. The
commissioner of administration shall require that all requests for bids or
proposals, for items provided by corrections industries, be forwarded to the
commissioner of corrections to enable corrections industries to submit
bids. The commissioner of corrections
shall consult with the commissioner of administration prior to introducing new
products to the state agency market.
(c) No public entity may evade
the intent of this section by adopting slight variations in specifications,
when Minnesota corrections industry items meet the reasonable needs and
specifications of the public entity.
(d) The commissioners of
administration and corrections shall develop annual performance measures
outlining goals to maximize inmate work program participation. The commissioners of administration and
corrections shall appoint cochairs for a task force whose purpose is to
determine additional methods to achieve the performance goals for public entity
purchasing. The task force shall
include representatives from the Minnesota House of Representatives, Minnesota
Senate, the Minnesota State Colleges and Universities, University of Minnesota,
Minnesota League of Cities, Minnesota Association of Counties, and
administrators with purchasing responsibilities from the Minnesota state
Departments of Corrections, Public Safety, Finance, Transportation, Natural
Resources, Human Services, Health, and Employment and Economic
Development. Notwithstanding section
15.059, the task force created in this paragraph expires on June 30, 2003.
(e) If performance goals for
public entity purchasing are not achieved in two consecutive fiscal years,
public entities shall purchase items available from corrections
industries. The commissioner of
administration shall be responsible for notifying public entities of this
requirement.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 3. Minnesota Statutes 2006, section 16C.23,
subdivision 2, is amended to read:
Subd. 2. Surplus
property. "Surplus
property" means state or federal commodities, equipment, materials,
supplies, books, printed matter, buildings, and other personal or real property
that is obsolete, unused, not needed for a public purpose, or ineffective for
current use. Surplus property does
not include products manufactured by or held in inventory by prison industries
for sale to the general public in the normal course of its business.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 241.016,
subdivision 1, is amended to read:
Subdivision 1. Biennial
report. (a) The Department of
Corrections shall submit a performance report to the chairs and ranking
minority members of the senate and house committees and divisions having
jurisdiction over criminal justice funding by January 15, 2005, and every other
year thereafter. The issuance and
content of the report must include the following:
(1) department strategic
mission, goals, and objectives;
(2) the department-wide per
diem, adult facility-specific per diems, and an average per diem, reported in a
standard calculated method as outlined in the departmental policies and
procedures;
(3) department annual
statistics as outlined in the departmental policies and procedures; and
(4) information about
prison-based mental health programs, including, but not limited to, the
availability of these programs, participation rates, and completion rates.
(b) The department shall
maintain recidivism rates for adult facilities on an annual basis. In addition, each year the department shall,
on an alternating basis, complete a recidivism analysis of adult facilities,
juvenile services, and the community services divisions and include a
three-year recidivism analysis in the report described in paragraph (a). policies and funding, including
postrelease treatment, education, training, and supervision. In addition, when reporting recidivism for the
department's adult and juvenile facilities, the department shall report on the
extent to which offenders it has assessed as chemically dependent commit new
offenses, with separate recidivism rates reported for persons completing and
not completing the department's treatment programs.When appropriate, The recidivism
analysis must include: (1) assess education programs, vocational
programs, treatment programs, including mental health programs, industry, and
employment; and (2) assess statewide re-entry
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 241.018, is
amended to read:
241.018 PER DIEM CALCULATION.
Subdivision 1. State correctional
facilities. (a) The commissioner
of corrections shall develop a uniform method to calculate the average
department-wide per diem cost of incarcerating offenders at state adult
correctional facilities. In addition to
other costs currently factored into the per diem, it must include an
appropriate percentage of capitol costs for all adult correctional facilities
and 65 percent of the department's management services budget.
(b) The commissioner also
shall use this method of calculating per diem costs for offenders in each state
adult correctional facility. When
calculating the per diem cost of incarcerating offenders at a particular
facility, the commissioner shall include an appropriate percentage of capital
costs for the facility and an appropriate prorated amount, given the facility's
population, of 65 percent of the department's management services budget.
(c) The commissioner shall
ensure that these new per diem methods are used in all future annual
performance reports to the legislature and are also reflected in the department's
biennial budget document.
Subd. 2. Local correctional
facilities. (a) The
commissioner of corrections shall develop a uniform method to calculate the
average per diem cost of incarcerating offenders in county and regional jail
facilities licensed by the commissioner under section 241.021, subdivision 1,
paragraph (a).
(b) Each county and regional
jail in the state must annually provide the commissioner with a per diem
calculation based on the formula the commissioner promulgates pursuant to
paragraph (a).
(c) The commissioner shall
include the county and regional jail per diem data collected under paragraph
(b) in the Department of Correction's annual performance report to the
legislature mandated by section 241.016.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 241.27,
subdivision 1, is amended to read:
Subdivision 1. Establishment
of Minnesota correctional industries; MINNCOR industries. For the purpose of providing adequate,
regular and suitable employment, Department of Education, the
state Apprenticeship Council, the state Department of Labor and Industry, the
Department of Employment Security, the Department of Administration, and such
other persons and bodies as the commissioner may feel are qualified to
determine the quantity and nature of the goods, wares, merchandise and services
to be made or provided, and the types of processes to be used in their
manufacture, processing, repair, and production consistent with the greatest
opportunity for the reform and vocational educational training,
and to aid the inmates of state correctional facilities, the commissioner of
corrections may establish, equip, maintain and operate at any correctional
facility under the commissioner's control such industrial and commercial
activities as may be deemed necessary and suitable to the profitable
employment, vocational educational training and development of
proper work habits of the inmates of state correctional facilities. The industrial and commercial activities
authorized by this section are designated MINNCOR industries and shall
be for the primary purpose of sustaining and ensuring MINNCOR industries'
self-sufficiency, providing vocational educational training,
meaningful employment and the teaching of proper work habits to the inmates of
correctional facilities under the control of the commissioner of corrections,
and not solely as competitive business ventures. The net profits from these activities
shall be used for the benefit of the inmates as it relates to education,
self-sufficiency skills, and transition services and not to fund
non-inmate-related activities or mandates.
Prior to the establishment of any industrial and commercial
activity, the commissioner of corrections may consult with representatives of
business, industry, organized labor, the state vocational educational training of
the inmates, and with the best interests of the state, business, industry and
labor.
The commissioner of
corrections shall, at all times in the conduct of any industrial or commercial
activity authorized by this section, utilize inmate labor to the greatest
extent feasible, provided, however, that the commissioner may employ all
administrative, supervisory and other skilled workers necessary to the proper
instruction of the inmates and the profitable and efficient operation of the
industrial and commercial activities authorized by this section.
Additionally, the
commissioner of corrections may authorize the director of any correctional
facility under the commissioner's control to accept work projects from outside
sources for processing, fabrication or repair, provided that preference shall
be given to the performance of such work projects for state departments and
agencies.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. Minnesota Statutes 2006, section 241.27,
subdivision 2, is amended to read:
Subd. 2. Revolving
fund; use of fund. There is
established in the Department of Corrections under the control of the
commissioner of corrections the Minnesota correctional industries revolving
fund to which shall be transferred the revolving funds authorized in Minnesota
Statutes 1978, sections 243.41 and 243.85, clause (f), and any other industrial
revolving funds heretofore established at any state correctional facility under
the control of the commissioner of corrections. The revolving fund established shall be used for the conduct of
the industrial and commercial activities now or hereafter established at any
state correctional facility, including but not limited to the purchase of
equipment, raw materials, the payment of salaries, wages and other expenses
necessary and incident thereto. The
purchase of services, materials, and commodities used in and
held for resale are not subject to the competitive bidding procedures of
section 16C.06, but are subject to all other provisions of chapters 16B and
16C. When practical, purchases must be
made from small targeted group businesses designated under section 16C.16. Additionally, the expenses of inmate vocational
educational training, self-sufficiency skills, transition services,
and the inmate release fund may be financed from the correctional industries
revolving fund in an amount to be determined by the commissioner or the
MINNCOR chief executive officer as duly appointed by the commissioner. The proceeds and income from all industrial
and commercial activities conducted at state correctional facilities shall be
deposited in the correctional industries revolving fund subject to disbursement
as hereinabove provided. The
commissioner of corrections may request that money in the fund be invested
pursuant to section 11A.25; the proceeds from the investment not currently
needed shall be accounted for separately and credited to the fund.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 8. Minnesota Statutes 2006, section 241.27,
subdivision 3, is amended to read:
Subd. 3. Disbursement
from fund. The correctional
industries revolving fund shall be deposited in the state treasury and paid out
only on proper vouchers as may be authorized and approved by the commissioner
of corrections, and in the same manner and under the same restrictions as are
now provided by law for the disbursement of funds by the commissioner. An amount deposited in the state treasury
equal to six months of net operating cash as determined by the prior 12 months
of revenue and cash flow statements, shall be restricted for use only by
correctional industries as described under subdivision 2. For purposes of this subdivision, "net
operating cash" means net income minus sales plus cost of goods sold. Cost of goods sold include all direct costs
of correctional industry products
attributable to their production. The
commissioner of corrections is authorized to keep and maintain at any
correctional facility under the commissioner's control a contingent fund, as
provided in section 241.13; but the contingent fund shall at all times be
covered and protected by a proper and sufficient bond to be duly approved as by
law now provided.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 241.27,
subdivision 4, is amended to read:
Subd. 4. Revolving
fund; borrowing. The commissioner
of corrections is authorized, when in the commissioner's judgment it becomes
necessary in order to meet current demands on the correctional industries
revolving fund, to borrow sums of money as may be necessary. The sums so borrowed shall not exceed, in
any one year, 50 percent of the total of the net worth of correctional
industries six months of net operating cash as determined by the
previous 12 months of the correctional industries' revenue and cash flow
statements.
When the commissioner of
corrections shall certify to the commissioner of finance that, in the
commissioner's judgment, it is necessary to borrow a specified sum of money in
order to meet the current demands on the correctional industries revolving
fund, and the commissioner of finance may, in the commissioner's discretion,
transfer and credit to the correctional industries revolving fund, from any
moneys in the state treasury not required for immediate disbursement, the whole
or such part of the amount so certified as they deem advisable, which sum so
transferred shall be repaid by the commissioner from the revolving fund to the
fund from which transferred, at such time as shall be specified by the
commissioner of finance, together with interest thereon at such rate as shall
be specified by the commissioner of finance, not exceeding four percent per
annum. When any transfer shall so have
been made to the correctional industries revolving fund, the commissioner of
finance shall notify the commissioner of corrections of the amount so
transferred to the credit of the correctional industries revolving fund, the
date when the same is to be repaid, and the rate of interest so to be paid.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 10. Minnesota Statutes 2006, section 241.278, is
amended to read:
241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.
The commissioner of
corrections, in the interest of inmate rehabilitation or to promote programs
under section 241.275, subdivision 2, may enter into interagency agreements
with state, county, or municipal agencies, or contract with nonprofit agencies
to manage, fund, or partially fund the cost of programs that use
state or county jail inmates as a work force.
The commissioner is authorized to receive funds via these agreements and
these funds are appropriated to the commissioner for community service
programming or when prison industries are party to the agreement, shall be
deposited in the Minnesota correctional industries revolving fund for use as
described under section 241.27, subdivision 2.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 11. Minnesota Statutes 2006, section 241.69,
subdivision 3, is amended to read:
Subd. 3. Transfer. If the licensed mental health professional
finds the person to be a person who is mentally ill and in need of short-term
care, the examining licensed mental health care
professional may recommend transfer by the commissioner of corrections to the
mental health unit established pursuant to subdivision 1.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
12. Minnesota Statutes 2006, section
241.69, subdivision 4, is amended to read:
Subd. 4. Commitment. If the examining health care professional
or licensed mental health professional finds the person to be a person who
is mentally ill and in need of long-term care in a hospital, or if an inmate
transferred pursuant to subdivision 3 refuses to voluntarily participate in the
treatment program at the mental health unit, the director of psychological
services of the institution or the mental health professional shall initiate
proceedings for judicial commitment as provided in section 253B.07. Upon the recommendation of the licensed
mental health professional and upon completion of the hearing and consideration
of the record, the court may commit the person to the mental health unit
established in subdivision 1 or to another hospital. A person confined in a state correctional institution for adults
who has been adjudicated to be a person who is mentally ill and in need of
treatment may be committed to the commissioner of corrections and placed in the
mental health unit established in subdivision 1.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 13. Minnesota Statutes 2006, section 268.19,
subdivision 1, is amended to read:
Subdivision 1. Use of
data. (a) Except as otherwise
provided by this section, data gathered from any person pursuant to the
administration of the Minnesota Unemployment Insurance Law are private data on
individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except pursuant to a district
court order or section 13.05. A
subpoena shall not be considered a district court order. These data may be disseminated to and used
by the following agencies without the consent of the subject of the data:
(1) state and federal
agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other
state or any federal agency charged with the administration of an unemployment
insurance program;
(3) any agency responsible
for the maintenance of a system of public employment offices for the purpose of
assisting individuals in obtaining employment;
(4) human rights agencies
within Minnesota that have enforcement powers;
(5) the Department of
Revenue only to the extent necessary for its duties under Minnesota laws;
(6) public and private
agencies responsible for administering publicly financed assistance programs
for the purpose of monitoring the eligibility of the program's recipients;
(7) the Department of Labor
and Industry and the Division of Insurance Fraud Prevention in the Department
of Commerce on an interchangeable basis with the department for uses consistent
with the administration of their duties under Minnesota law;
(8) local and state welfare
agencies for monitoring the eligibility of the data subject for assistance
programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in
conjunction with the department or to monitor and evaluate the statewide
Minnesota family investment program by providing data on recipients and former
recipients of food stamps or food support, cash assistance under chapter 256,
256D, 256J, or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L;
(9) local and state welfare
agencies for the purpose of identifying employment, wages, and other
information to assist in the collection of an overpayment debt in an assistance
program;
(10)
local, state, and federal law enforcement agencies for the sole purpose of
ascertaining the last known address and employment location of a person who is
the subject of a criminal investigation;
(11) the federal Immigration
and Naturalization Service shall have access to data on specific individuals
and specific employers provided the specific individual or specific employer is
the subject of an investigation by that agency; and
(12) the Department of
Health solely for the purposes of epidemiologic investigations; and
(13) the Department of
Corrections for the purpose of postconfinement employment tracking.
(b) Data on individuals and
employers that are collected, maintained, or used by the department in an
investigation pursuant to section 268.182 are confidential as to data on
individuals and protected nonpublic data not on individuals as defined in
section 13.02, subdivisions 3 and 13, and must not be disclosed except pursuant
to statute or district court order or to a party named in a criminal
proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the
department pursuant to the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any
civil proceedings, administrative or judicial, unless the action is initiated
by the department.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 14. Minnesota Statutes 2006, section 383A.08,
subdivision 6, is amended to read:
Subd. 6. Rules
and regulations. The county may
promulgate rules and regulations for the proper operation and maintenance of
each facility and the proper care and discipline of inmates detained in the
facility. These rules and regulations
may, among other things, provide for the diminution of sentences of inmates for
good behavior, but in no event to exceed a total of five days for each 30
day sentence in accordance with section 643.29.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 15. Minnesota Statutes 2006, section 383A.08,
subdivision 7, is amended to read:
Subd. 7. Confinement
of inmates from other counties. The
county may accept an inmate for confinement at a county correction facility
when the inmate is committed to the facility by order of a judge of a
municipality or county outside Ramsey County if the county is paid the amount
of compensation for board, confinement, and maintenance of the inmate
that it determines. No compensation
of this kind may be in an amount less than the actual per diem cost per person
confined. A county outside Ramsey
County or a municipality outside Ramsey County may enter into and agree with
Ramsey County for the incarceration of prisoners.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 16. Minnesota Statutes 2006, section 401.15,
subdivision 1, is amended to read:
Subdivision 1. Certified
statements; determinations; adjustments.
pursuant
to the estimate provided in section 401.14 and the amounts actually
expended. If the amount received
pursuant to the estimate is greater than the amount actually expended during
the quarter, the commissioner may withhold the difference from any subsequent monthly
payments made pursuant to section 401.14.
Upon certification by the commissioner of the amount a participating
county is entitled to receive under the provisions of section 401.14 or of this
subdivision the commissioner of finance shall thereupon issue a state warrant
to the chief fiscal officer of each participating county for the amount due
together with a copy of the certificate prepared by the commissioner. On or before Within 60 days of the end of each calendar
quarter, participating counties which have received the payments authorized by
section 401.14 shall submit to the commissioner certified statements detailing
the amounts expended and costs incurred in furnishing the correctional services
provided in sections 401.01 to 401.16.
Upon receipt of certified statements, the commissioner shall, in the
manner provided in sections 401.10 and 401.12, determine the amount each
participating county is entitled to receive, making any adjustments necessary
to rectify any disparity between the amounts received
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 17. Minnesota Statutes 2006, section 641.15, is
amended by adding a subdivision to read:
Subd. 3a. Intake procedure;
approved mental health screening.
As part of its intake procedure for new prisoners, the sheriff or
local corrections shall use a mental health screening tool approved by the
commissioner of corrections in consultation with the commissioner of human
services and local corrections staff to identify persons who may have mental
illness.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 18. Minnesota Statutes 2006, section 641.265,
subdivision 2, is amended to read:
Subd. 2. Withdrawal. A county board may withdraw from cooperation
in a regional jail system if the county boards of all of the other
cooperating counties decide, by majority vote, to allow the withdrawal
in accordance with the terms of a joint powers agreement. With the approval of the county board of
each cooperating county, the regional jail board shall fix the sum, if any, to
be paid to the county withdrawing, to reimburse it for capital cost, debt
service, or lease rental payments made by the county prior to withdrawal, in
excess of its proportionate share of benefits from the regional jail prior to
withdrawal, and the time and manner of making the payments. The payments shall be deemed additional
payments of capital cost, debt service, or lease rentals to be made
proportionately by the remaining counties and, when received, shall be
deposited in and paid from the regional jail fund; provided that:
(a) (1) payments shall
not be made from any amounts in the regional jail fund which are needed for
maintenance and operation expenses or lease rentals currently due and payable;
and
(b) (2) the withdrawing
county shall remain obligated for the payment of its proportionate share of any
lease rentals due and payable after its withdrawal, in the event and up to the
amount of any lease payment not made when due by one or more of the other
cooperating counties.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 19. DISCIPLINARY
CONFINEMENT; PROTOCOL.
The commissioner of
corrections shall develop a protocol that is fair, firm, and consistent so that
inmates have an opportunity to be released from disciplinary confinement in a
timely manner. For those inmates in disciplinary
confinement who are nearing the inmate's release date, the commissioner of
corrections shall develop a reentry plan.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 20. REPEALER.
Minnesota Statutes 2006,
sections 241.021, subdivision 5; 241.85, subdivision 2; and 242.193,
subdivision 2, are repealed.
EFFECTIVE DATE. This section is effective July 1, 2007.
ARTICLE
7
PUBLIC SAFETY
Section 1. Minnesota Statutes 2006, section 13.82,
subdivision 27, is amended to read:
Subd. 27. Pawnshop
and scrap metal dealer data.
Data that would reveal the identity of persons who are customers of a
licensed pawnbroker or, secondhand goods dealer, or a scrap
metal dealer are private data on individuals. Data describing the property in a regulated transaction with a
licensed pawnbroker or, secondhand goods dealer, or a scrap
metal dealer are public.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 2. Minnesota Statutes 2006, section 243.167,
subdivision 1, is amended to read:
Subdivision 1. Definition. As used in this section, "crime against
the person" means a violation of any of the following or a similar law of
another state or of the United States: section 609.165; 609.185; 609.19;
609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498,
subdivision 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any
felony-level violation of section 609.229; 609.377; 609.749; or 624.713.
EFFECTIVE DATE. This section is effective the day following final enactment,
and applies retroactively to crimes committed on or after August 1, 2005.
Sec. 3. Minnesota Statutes 2006, section 297I.06,
subdivision 3, is amended to read:
Subd. 3. Fire
safety account, annual transfers, allocation. A special account, to be known as the fire safety account, is
created in the state treasury. The
account consists of the proceeds under subdivisions 1 and 2. $468,000 in fiscal
year 2008 and $2,268,000 in each year thereafter is transferred from the fire
safety account in the special revenue fund to the general fund to offset the
loss of revenue caused by the repeal of the one-half of one percent tax on fire
insurance premiums. The general fund
base appropriation for the fire marshal program is reduced by $2,832,000 in
fiscal year 2008 and each year thereafter.
The base funding for the fire marshal program from the fire safety
account in the special revenue fund shall be $2,832,000 in fiscal year 2008 and
each year thereafter.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 299A.641,
subdivision 2, is amended to read:
Subd. 2. Membership. The oversight council shall consist of the
following individuals or their designees:
(1) the director of the
office of special investigations as the representative of the commissioner of
corrections;
(2) the superintendent of
the Bureau of Criminal Apprehension as the representative of the commissioner
of public safety;
(3) the attorney general;
(4) eight chiefs of police,
selected by the Minnesota Chiefs of Police Association, two of which must be
selected from cities with populations greater than 200,000;
(5)
eight sheriffs, selected by the Minnesota Sheriffs Association to represent
each district, two of which must be selected from counties with populations
greater than 500,000;
(6) the United States
attorney for the district of Minnesota;
(7) two county attorneys,
selected by the Minnesota County Attorneys Association;
(8) a command-level
representative of a gang strike force;
(9) a representative from a
drug task force, selected by the Minnesota State Association of Narcotics
Investigators;
(10) a representative from
the United States Drug Enforcement Administration;
(11) a representative from
the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from
the Federal Bureau of Investigation;
(13) a tribal peace officer,
selected by the Minnesota Tribal Law Enforcement Association; and
(14) two additional members
who may be selected by the oversight council;
(15) a senator who serves on
the committee having jurisdiction over criminal justice policy, chosen by the
Subcommittee on Committees of the senate Committee on Rules and Administration;
and
(16) a representative who
serves on the committee having jurisdiction over criminal justice policy,
chosen by the speaker of the house of representatives.
The oversight council may
adopt procedures to govern its conduct as necessary and may select a chair from
among its members. The legislative
members of the council may not vote on matters before the council.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 299A.681,
subdivision 2, is amended to read:
Subd. 2. Membership. The oversight council consists of the
following individuals, or their designees:
(1) the commissioner of
public safety;
(2) the attorney general;
(3) two chiefs of police,
selected by the Minnesota Chiefs of Police Association from police departments
that participate in the Minnesota Financial Crimes Task Force;
(4) two sheriffs, selected
by the Minnesota Sheriffs Association from sheriff departments that participate
in the task force;
(5) the United States
attorney for the district of Minnesota;
(6) a county attorney,
selected by the Minnesota County Attorneys Association;
(7) a representative from the
United States Postal Inspector's Office, selected by the oversight council;
(8) a representative from a
not-for-profit retail merchants industry, selected by the oversight council;
(9) a representative from a
not-for-profit banking and credit union industry, selected by the oversight
council;
(10) a representative from a
not-for-profit association representing senior citizens, selected by the
oversight council;
(11) the statewide commander
of the task force;
(12) a representative from
the Board of Public Defense, selected by the board; and
(13) two additional members
selected by the oversight council;
(14) a senator who serves on
the committee having jurisdiction over criminal justice policy, chosen by the
Subcommittee on Committees of the senate Committee on Rules and Administration;
and
(15) a representative who
serves on the committee having jurisdiction over criminal justice policy,
chosen by the speaker of the house of representatives.
The oversight council may
adopt procedures to govern its conduct and shall select a chair from among its
members. The legislative members of
the council may not vote on matters before the council.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 299A.681,
is amended by adding a subdivision to read:
Subd. 13. Report required. By February 1 of each year, the oversight
council shall report to the chairs and ranking minority members of the senate
and house of representatives committees and divisions having jurisdiction over
criminal justice policy and funding on the activities of the council and task
force. At a minimum, this annual report
must include:
(1) a description of the
council's and task force's goals for the previous year and for the coming year;
(2) a description of the
outcomes the council and task force achieved or did not achieve during the
preceding year and a description of the outcomes they will seek to achieve
during the coming year;
(3) any legislative
recommendations the council or task force has including, where necessary, a
description of the specific legislation needed to implement the
recommendations;
(4) a detailed accounting of
how appropriated money, grants, and in-kind contributions were spent; and
(5) a detailed accounting of
the grants awarded under this section.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. [299C.25]
SCRAP METAL DEALERS; EDUCATIONAL MATERIALS.
(a) The superintendent shall
develop educational materials relating to the laws governing scrap metal
dealers, including, but not limited to, applicable laws addressing receiving
stolen property and the provisions of section 325E.21. In addition, the materials must address the
proper use of the criminal alert network under section 299A.61, and must
include a glossary of the terms used by law enforcement agencies to describe
items of scrap metal that are different from the terms used in the scrap metal
industry to describe those same items.
(b) In developing the
materials under paragraph (a), the superintendent shall seek the advice of
scrap metal trade associations, Minnesota scrap metal dealers, and law
enforcement agencies.
(c) The superintendent shall
distribute the materials developed in paragraph (a) to all scrap metal dealers
registered with the criminal alert network.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 8. Minnesota Statutes 2006, section 299C.65,
subdivision 2, is amended to read:
Subd. 2. Task
force. (a) The policy group
shall appoint A task force to shall assist them the
policy group in their its duties. The task force shall monitor, review, and report to the policy
group on CriMNet-related projects and provide oversight to ongoing operations
as directed by the policy group. The
task force shall consist of the following members:
(1) two sheriffs
recommended members appointed by the Minnesota Sheriffs Association,
at least one of whom must be a sheriff;
(2) two police chiefs
recommended members appointed by the Minnesota Chiefs of Police
Association, at least one of whom must be a chief of police;
(3) two county attorneys
recommended members appointed by the Minnesota County Attorneys
Association, at least one of whom must be a county attorney;
(4) two city attorneys
recommended members appointed by the Minnesota League of Cities
representing the interests of city attorneys, at least one of whom must be a
city attorney;
(5) two public defenders
members appointed by the Board of Public Defense, at least one of whom
must be a public defender;
(6) two district judges
appointed by the Judicial Council, one of whom is currently assigned to the
juvenile court at least one of whom has experience dealing with juvenile
court matters;
(7) two community
corrections administrators recommended appointed by the Minnesota
Association of Counties, representing the interests of local corrections,
at least one of whom represents a community corrections act county;
(8) two probation officers
appointed by the commissioner of corrections in consultation with the president
of the Minnesota Association of Community Corrections Act Counties and the
president of the Minnesota Association of County Probation Officers;
(9) four public members
appointed by the governor for a term of six years, one of whom has been
a victim of crime represents the interests of victims, and two who
of whom are representatives of the private business community who have
expertise in integrated information systems and who for the purpose of meetings
of the full task force may be compensated pursuant to section 15.059;
(10) two court
administrators members appointed by the Minnesota Association for Court
Management, at least one of whom must be a court administrator;
(11) one member of the house
of representatives appointed by the speaker of the house, or an alternate
who is also a member of the house, appointed by the speaker of the house;
(12) one member of the
senate appointed by the majority leader, or an alternate who is also a
member of the senate, appointed by the majority leader of the senate;
(13) one member appointed
by the attorney general or a designee;
(14) two individuals
recommended elected officials appointed by the Minnesota League of
Cities, one of whom works or resides in greater Minnesota and one of whom works
or resides in the seven-county metropolitan area;
(15) two individuals
recommended elected officials appointed by the Minnesota Association
of Counties, one of whom works or resides in greater Minnesota and one of whom
works or resides in the seven-county metropolitan area;
(16) the director of the
Sentencing Guidelines Commission or a designee;
(17) one member appointed by
the state chief information officer;
(18) one member appointed by
the commissioner of public safety;
(19) one member appointed by
the commissioner of corrections;
(20) one member appointed by
the commissioner of administration; and
(21) one member appointed by
the chief justice of the Supreme Court.
(b) In making these
appointments, the appointing authority shall select members with expertise in
integrated data systems or best practices.
(c) The commissioner of
public safety may appoint additional, nonvoting members to the task force as
necessary from time to time.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 299C.65,
subdivision 5, is amended to read:
Subd. 5. Review
of funding and grant requests. (a)
The Criminal and Juvenile Justice Information Policy Group shall review the
funding requests for criminal justice information systems from state, county,
and municipal government agencies. The
policy group shall review the requests for compatibility to statewide criminal
justice information system standards.
The review shall be forwarded to the chairs and ranking minority members
of the house and senate committees and divisions with jurisdiction over
criminal justice funding and policy.
(b) The CriMNet program office,
in consultation with the Criminal and Juvenile Justice Information Task Force
and with the approval of the policy group, shall create the requirements for
any grant request and determine the integration priorities for the grant
period. The CriMNet program office
shall also review the requests submitted for compatibility to statewide
criminal justice information systems standards.
(c) The task force shall
review funding requests for criminal justice information systems grants and
make recommendations to the policy group.
The policy group shall review the recommendations of the task force and
shall make a final recommendation for criminal justice information systems
grants to be made by the commissioner of public safety. Within the limits of available state
appropriations and federal grants, the commissioner of public safety shall make
grants for projects that have been recommended by the policy group.
(d) The policy group may
approve grants only if the applicant provides an appropriate share of matching
funds as determined by the policy group to help pay up to one-half of the costs
of the grant request. The matching
requirement must be constant for all counties applicants within each
grant offering. The policy group
shall adopt policies concerning the use of in-kind resources to satisfy the
match requirement and the sources from which matching funds may be
obtained. Local operational or
technology staffing costs may be considered as meeting this match
requirement. Each grant recipient shall
certify to the policy group that it has not reduced funds from local, county,
federal, or other sources which, in the absence of the grant, would have been
made available to the grant recipient to improve or integrate criminal justice
technology.
(e) All grant recipients
shall submit to the CriMNet program office all requested documentation
including grant status, financial reports, and a final report evaluating how
the grant funds improved the agency's criminal justice integration
priorities. The CriMNet program office
shall establish the recipient's reporting dates at the time funds are awarded.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 10. [299F.850]
CIGARETTE FIRE SAFETY DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 299F.850 to
299F.859 have the meanings given them in this section.
Subd. 2. Agent. "Agent" means any person
licensed by the commissioner of revenue to purchase and affix adhesive or meter
stamps on packages of cigarettes.
Subd. 3. Cigarette. "Cigarette" means any roll for
smoking made wholly or in part of tobacco, the wrapper or cover of which is
made of paper or any other substance or material except tobacco.
Subd. 4. Manufacturer. "Manufacturer" means:
(1) any entity that
manufactures or otherwise produces cigarettes or causes cigarettes to be
manufactured or produced anywhere that the manufacturer intends to be sold in
the state, including cigarettes intended to be sold in the United States through
an importer;
(2) the first purchaser
anywhere that intends to resell in the United States cigarettes manufactured
anywhere that the original manufacturer or maker does not intend to be sold in
the United States; or
(3) any entity that becomes
a successor of an entity described in clause (1) or (2).
Subd.
5.
Subd. 6. Repeatability. "Repeatability" means the range
of values within which the repeat results of cigarette test trials from a
single laboratory will fall 95 percent of the time.
Subd. 7. Retail dealer. "Retail dealer" means any
person, other than a wholesale dealer, engaged in selling cigarettes or tobacco
products.
Subd. 8. Sale. "Sale" means any transfer of
title or possession or both, exchange or barter, conditional or otherwise, in
any manner or by any means whatever or any agreement therefore. In addition to cash and credit sales, the
giving of cigarettes as samples, prizes, or gifts and the exchanging of
cigarettes for any consideration other than money, are considered sales.
Subd. 9. Sell. "Sell" means to make a sale or
to offer or agree to make a sale.
Subd. 10. Wholesale dealer. "Wholesale dealer" means any
person who (1) sells cigarettes or tobacco products to retail dealers or other
persons for purposes of resale or (2) owns, operates, or maintains one or more
cigarette or tobacco product vending machines in, at, or upon premises owned or
occupied by any other person.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 11. [299F.851]
TEST METHOD AND PERFORMANCE STANDARD.
Subdivision 1. Requirements. (a) Except as provided in this
subdivision, no cigarettes may be sold or offered for sale in this state or
offered for sale or sold to persons located in this state unless (1) the
cigarettes have been tested in accordance with the test method and have met the
performance standard specified in this section, (2) a written certification has
been filed by the manufacturer with the state fire marshal in accordance with
section 299F.852, and (3) the cigarettes have been marked in accordance with
section 299F.853.
(b) Testing of cigarettes
must be conducted in accordance with the American Society of Testing and Materials
(ASTM) Standard E2187-04, "Standard Test Method for Measuring the Ignition
Strength of Cigarettes."
(c) Testing must be
conducted on ten layers of filter paper.
(d) No more than 25 percent
of the cigarettes tested in a test trial in accordance with this section may
exhibit full-length burns. Forty
replicate tests comprise a complete test trial for each cigarette tested.
(e) The performance standard
required by this subdivision must only be applied to a complete test trial.
(f) Written certifications
must be based upon testing conducted by a laboratory that has been accredited
pursuant to standard ISO/IEC 17025 of the International Organization for
Standardization (ISO), or other comparable accreditation standard required by
the state fire marshal.
(g) Laboratories conducting
testing in accordance with this section shall implement a quality control and
quality assurance program that includes a procedure that will determine the
repeatability of the testing results.
The repeatability value must be no greater than 0.19.
(h)
This subdivision does not require additional testing if cigarettes are tested
consistent with sections 299F.850 to 299F.859 for any other purpose.
(i) Testing performed or
sponsored by the state fire marshal to determine a cigarette's compliance with
the performance standard required must be conducted in accordance with this
section.
Subd. 2. Permeability bands. Each cigarette listed in a certification
submitted pursuant to section 299F.852 that uses lowered permeability bands in
the cigarette paper to achieve compliance with the performance standard set
forth in this section must have at least two nominally identical bands on the
paper surrounding the tobacco column.
At least one complete band must be located at least 15 millimeters from
the lighting end of the cigarette. For
cigarettes on which the bands are positioned by design, there must be at least
two bands fully located at least 15 millimeters from the lighting end and ten
millimeters from the filter end of the tobacco column, or ten millimeters from
the labeled end of the tobacco column for nonfiltered cigarettes.
Subd. 3. Equivalent test
methods. A manufacturer of a
cigarette that the state fire marshal determines cannot be tested in accordance
with the test method prescribed in subdivision 1, paragraph (b), shall propose
a test method and performance standard for the cigarette to the state fire
marshal. Upon approval of the proposed
test method and a determination by the state fire marshal that the performance
standard proposed by the manufacturer is equivalent to the performance standard
prescribed in subdivision 1, paragraph (d), the manufacturer may employ such
test method and performance standard to certify the cigarette pursuant to
section 299F.852. If the state fire
marshal determines that another state has enacted reduced cigarette ignition
propensity standards that include a test method and performance standard that
are the same as those contained in this subdivision, and the state fire marshal
finds that the officials responsible for implementing those requirements have
approved the proposed alternative test method and performance standard for a
particular cigarette proposed by a manufacturer as meeting the fire safety
standards of that state's law or regulation under a legal provision comparable
to this subdivision, then the state fire marshal shall authorize that
manufacturer to employ the alternative test method and performance standard to
certify that cigarette for sale in this state, unless the state fire marshal
demonstrates a reasonable basis why the alternative test should not be accepted
under sections 299F.850 to 299F.859.
All other applicable requirements of this section apply to the
manufacturer.
Subd. 4. Civil penalty. Each manufacturer shall maintain copies
of the reports of all tests conducted on all cigarettes offered for sale for a
period of three years, and shall make copies of these reports available to the
state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of
these reports available within 60 days of receiving a written request is
subject to a civil penalty not to exceed $10,000 for each day after the 60th
day that the manufacturer does not make such copies available.
Subd. 5. Future ASTM Standards. The state fire marshal may, by written
order published in the State Register, adopt a subsequent ASTM Standard Test
Method for Measuring the Ignition Strength of Cigarettes upon a finding that
the subsequent method does not result in a change in the percentage of
full-length burns exhibited by any tested cigarette when compared to the
percentage of full-length burns the same cigarette would exhibit when tested in
accordance with ASTM Standard E2187-04 and the performance standard in subdivision
1, paragraph (d). A determination by
the state fire marshal under this subdivision is exempt from the rulemaking
provisions of chapter 14, and section 14.386 does not apply.
Subd. 6. Report to legislature. The state fire marshal shall review the
effectiveness of this section and report findings every three years to the
legislature and, if appropriate, make recommendations for legislation to
improve the effectiveness of this section.
The report and legislative recommendations must be submitted no later
than January 2 of each three-year period.
Subd.
7.
Subd. 8. Implementation. This section must be implemented in
accordance with the implementation and substance of the New York "Fire
Safety Standards for Cigarettes."
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 12. [299F.852]
CERTIFICATION AND PRODUCT CHANGE.
Subdivision 1. Attestation. Each manufacturer shall submit to the
state fire marshal a written certification attesting that each cigarette listed
in the certification:
(1) has been tested in
accordance with section 299F.851; and
(2) meets the performance
standard set forth in section 299F.851, subdivision 1, paragraph (d).
Subd. 2. Description. Each cigarette listed in the
certification must be described with the following information:
(1) brand or trade name on
the package;
(2) style, such as light or
ultra light;
(3) length in millimeters;
(4) circumference in
millimeters;
(5) flavor, such as menthol
or chocolate, if applicable;
(6) filter or nonfilter;
(7) package description,
such as soft pack or box;
(8) marking approved in
accordance with section 299F.853;
(9) the name, address, and
telephone number of the laboratory, if different than the manufacturer that
conducted the test; and
(10) the date that the
testing occurred.
Subd. 3. Information
availability. The
certifications must be made available to the attorney general for purposes
consistent with this section and the commissioner of revenue for the purposes
of ensuring compliance with this subdivision.
Subd. 4. Recertification. Each cigarette certified under this
subdivision must be recertified every three years.
Subd.
5.
Subd. 6. Retesting. If a manufacturer has certified a
cigarette pursuant to this section, and thereafter makes any change to the
cigarette that is likely to alter its compliance with the reduced cigarette
ignition propensity standards required by sections 299F.850 to 299F.859, that cigarette
must not be sold or offered for sale in this state until the manufacturer
retests the cigarette in accordance with the testing standards set forth in
section 299F.851 and maintains records of that retesting as required by section
299F.851. Any altered cigarette that
does not meet the performance standard set forth in section 299F.851 may not be
sold in this state.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 13. [299F.853]
MARKING AND CIGARETTE PACKAGING.
(a) Cigarettes that are
certified by a manufacturer in accordance with section 299F.852 must be marked
to indicate compliance with the requirements of section 299F.851. The marking must be in eight-point type or
larger and consist of:
(1) modification of the
product UPC code to include a visible mark printed at or around the area of the
UPC code, which may consist of alphanumeric or symbolic characters permanently
stamped, engraved, embossed, or printed in conjunction with the UPC;
(2) any visible combination
of alphanumeric or symbolic characters permanently stamped, engraved, or
embossed upon the cigarette package or cellophane wrap; or
(3) printed, stamped,
engraved, or embossed text that indicates that the cigarettes meet the
standards of sections 299F.850 to 299F.859.
(b) A manufacturer shall use
only one marking and shall apply this marking uniformly for all brands marketed
by that manufacturer and all packages, including but not limited to packs,
cartons, and cases.
(c) The state fire marshal
must be notified as to the marking that is selected.
(d) Prior to the
certification of any cigarette, a manufacturer shall present its proposed
marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve
or disapprove the marking offered, except that the state fire marshal shall
approve any marking in use and approved for sale in New York pursuant to the
New York "Fire Safety Standards for Cigarettes." Proposed markings
are deemed approved if the state fire marshal fails to act within ten business
days of receiving a request for approval.
(e) No manufacturer shall
modify its approved marking unless the modification has been approved by the
state fire marshal in accordance with this section.
(f) Manufacturers certifying
cigarettes in accordance with section 299F.852 shall provide a copy of the
certifications to all wholesale dealers and agents to which they sell
cigarettes, and shall also provide sufficient copies of an illustration of the
package marking utilized by the manufacturer pursuant to this section for each
retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a
copy of these package markings received from manufacturers to all retail
dealers to whom they sell cigarettes.
Wholesale dealers, agents, and retail dealers shall permit the state
fire marshal, the commissioner of revenue, the attorney general, and their
employees to inspect markings of cigarette packaging marked in accordance with
this section.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec.
14. [299F.854] PENALTIES AND REMEDIES.
Subdivision 1. Wholesale. (a) A manufacturer, wholesale dealer,
agent, or any other person or entity who knowingly sells or offers to sell
cigarettes, other than through retail sale, in violation of section 299F.851 is
liable to a civil penalty:
(1) for a first offense, not
to exceed $10,000 per each sale of such cigarettes; and
(2) for a subsequent
offense, not to exceed $25,000 per each sale of such cigarettes.
(b) However, the penalty
against any such person or entity for a violation under paragraph (a) must not
exceed $100,000 during any 30-day period.
Subd. 2. Retail. (a) A retail dealer who knowingly sells
cigarettes in violation of section 299F.851 is liable to a civil penalty for a
first offense, not to exceed:
(1) $500, and for a
subsequent offense, not to exceed $2,000, per each sale or offer for sale of
such cigarettes, if the total number sold or offered for sale does not exceed
1,000 cigarettes; or
(2) $1,000, and for a
subsequent offense, not to exceed $5,000, per each sale or offer for sale of
such cigarettes, if the total number sold or offered for sale exceeds 1,000
cigarettes.
(b) However, the penalty
against any retail dealer must not exceed $25,000 during any 30-day period.
Subd. 3. False certification. In addition to any penalty prescribed by
law, any corporation, partnership, sole proprietor, limited partnership, or
association engaged in the manufacture of cigarettes that knowingly makes a
false certification pursuant to this subdivision is, for a first offense,
liable to a civil penalty of at least $75,000, and for a subsequent offense a
civil penalty not to exceed $250,000 for each false certification.
Subd. 4. Violation of other
provision. Any person
violating any other provision in sections 299F.850 to 299F.859 is liable to a
civil penalty for a first offense not to exceed $1,000, and for a subsequent
offense a civil penalty not to exceed $5,000, for each violation.
Subd. 5. Forfeiture. Cigarettes that have been sold or offered
for sale that do not comply with the performance standard required by section
299F.851 are subject to forfeiture under section 297F.21 and, upon judgment of
forfeiture, shall be destroyed; provided, however, that before destroying any
cigarettes seized in accordance with section 297F.21, which seizure is hereby
authorized, the true holder of the trademark rights in the cigarette brand must
be permitted to inspect the cigarette.
Subd. 6. Remedies. In addition to any other remedy provided
by law, the state fire marshal or attorney general may institute a civil action
in district court for a violation of this section, including petitioning for
injunctive relief or to recover any costs or damages suffered by the state
because of a violation under this section, including enforcement costs relating
to the specific violation and attorney fees.
Each violation of sections 299F.850 to 299F.859 or of rules adopted
under sections 299F.850 to 299F.859 constitutes a separate civil violation for
which the state fire marshal or attorney general may obtain relief.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 15. [299F.855]
IMPLEMENTATION.
Subdivision 1. Rules. The commissioner of public safety, in
consultation with the state fire marshal, may adopt rules, pursuant to chapter
14, necessary to effectuate the purposes of sections 299F.850 to 299F.859.
Subd. 2. Commissioner of
revenue. The commissioner of
revenue in the regular course of conducting inspections of wholesale dealers,
agents, and retail dealers, as authorized under chapter 297F, may inspect
cigarettes to determine if the cigarettes are marked as required by section
299F.853. If the cigarettes are not
marked as required, the commissioner of revenue shall notify the state fire
marshal.
EFFECTIVE DATE. Subdivision 1 is effective the day following final
enactment. Subdivision 2 is effective
the first day of the 19th month following the date of its final enactment.
Sec. 16. [299F.856]
INSPECTION.
To enforce sections 299F.850
to 299F.859, the attorney general and the state fire marshal may examine the
books, papers, invoices, and other records of any person in possession,
control, or occupancy of any premises where cigarettes are placed, stored,
sold, or offered for sale, as well as the stock of cigarettes on the
premises. Every person in the
possession, control, or occupancy of any premises where cigarettes are placed,
sold, or offered for sale is hereby directed and required to give the attorney
general and the state fire marshal the means, facilities, and opportunity for
the examinations authorized by this section.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 17. [299F.857]
REDUCED CIGARETTE IGNITION PROPENSITY ACCOUNT.
The reduced cigarette
ignition propensity account is established in the state treasury. The account consists of all money recovered
as penalties under section 299F.854 and fees collected under section 299F.852,
subdivision 5. The money must be deposited
to the credit of the account and, in addition to any other money made available
for such purpose, is appropriated to the state fire marshal for costs
associated with sections 299F.850 to 299F.859.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 18. [299F.858]
SALE OUTSIDE OF MINNESOTA.
Sections 299F.850 to
299F.859 do not prohibit any person or entity from manufacturing or selling
cigarettes that do not meet the requirements of section 299F.851 if the
cigarettes are or will be stamped for sale in another state or are packaged for
sale outside the United States and that person or entity has taken reasonable
steps to ensure that such cigarettes will not be sold or offered for sale to
persons located in Minnesota.
EFFECTIVE DATE. This section is effective the first day of the 19th month
following the date of its final enactment.
Sec. 19. [299F.859]
LOCAL REGULATION.
Notwithstanding any other
provision of law, the local governmental units of this state may neither enact
nor enforce any ordinance or other local law or regulation conflicting with, or
preempted by, any provision of sections 299F.850 to 299F.858 or with any policy
of this state expressed by sections 299F.850 to 299F.858, whether that policy
be expressed by inclusion of a provision in sections 299F.850 to 299F.858 or by
exclusion of that subject from sections 299F.850 to 299F.858.
EFFECTIVE DATE. This section is effective the first day of the 19th month following
the date of its final enactment.
Sec. 20. Minnesota Statutes 2006, section 299N.02,
subdivision 3, is amended to read:
Subd. 3. Powers
and duties. (a) The board shall:
(1) review fire service
training needs and make recommendations on training to Minnesota fire service
organizations;
(2) establish standards for
educational programs for the fire service and develop procedures for continuing
oversight of the programs; and
(3) establish qualifications
for fire service training instructors in programs established under clause (2).
(b) The board may:
(1) hire or contract
for technical or professional services according to section 15.061;
(2) pay expenses necessary
to carry out its duties;
(3) apply for, receive, and
accept grants, gifts, devises, and endowments that any entity may make to the
board for the purposes of this chapter and may use any money given to it
consistent with the terms and conditions under which the money was received and
for the purposes stated;
(4) make recommendations to
the legislature to improve the quality of firefighter training;
(5) collect and provide
data, subject to section 13.03;
(6) conduct studies and
surveys and make reports; and
(7) conduct other activities
necessary to carry out its duties.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 21. Minnesota Statutes 2006, section 325E.21, is
amended to read:
325E.21 DEALERS IN WIRE AND CABLE SCRAP METAL; RECORDS AND,
REPORTS, AND REGISTRATION.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Law enforcement
agency" or "agency" means a duly authorized municipal, county,
state, or federal law enforcement agency.
(c) "Person" means
an individual, partnership, limited partnership, limited liability company,
corporation, or other entity.
(d) "Scrap metal"
means:
(1) wire and cable commonly
and customarily used by communication and electric utilities; and
(2) copper, aluminum, or any
other metal purchased primarily for its reuse or recycling value as raw metal,
including metal that is combined with other materials at the time of purchase.
(e) "Scrap metal
dealer" or "dealer" means a person engaged in the business of
buying or selling scrap metal, or both, but does not include a person engaged
exclusively in the business of buying or selling new or used motor vehicles or
motor vehicle parts, paper or wood products, rags or furniture, or secondhand
machinery.
Subdivision 1. Subd. 1a. Purchase or acquisition
record required. (a) Every person,
firm or corporation scrap metal dealer, including an agent, employee,
or representative thereof of the dealer, engaging in the
business of buying and selling wire and cable commonly and customarily used by
communication and electric utilities shall keep a written record,
in the English language, legibly written in ink or typewriting, at the time
of each purchase or acquisition, of scrap metal. The record must include:
(1) an accurate account or
description, including the weight if customarily purchased by weight, of such
wire and cable commonly and customarily used by communication and electric
utilities the scrap metal purchased or acquired,;
(2) the date, time, and
place of the receipt of the same, scrap metal purchased or acquired;
(3) the name and address of the
person selling or delivering the same and scrap metal;
(4) the number of the check
or electronic transfer used to purchase the scrap metal;
(5) the number of the seller's
or deliverer's driver's license of such person, Minnesota
identification card number, or other identification document number of an
identification document issued for identification purposes by any state,
federal, or foreign government if the document includes the person's
photograph, full name, birth date, and signature; and
(6) the license plate number
and description of the vehicle used by the person when delivering the scrap
metal, and any identifying marks on the vehicle, such as a business name,
decals, or markings, if applicable.
Such (b) The record, as well as such
wire and cable commonly and customarily used by communication and electric
utilities the scrap metal purchased or received, shall at all
reasonable times be open to the inspection of any sheriff or deputy sheriff
of the county, or of any police officer in any incorporated city or statutory
city, in which such business may be carried on law enforcement agency.
business may be carried
on. The provisions of this subdivision
and of subdivision 2 shall not apply to or include any person, firm or
corporation engaged exclusively in the business of buying or selling motor
vehicles, new or used, paper or wood products, rags or furniture, secondhand
machinery any law enforcement agency.Such person shall not be (c) No record is required
to furnish or keep such record of any for property purchased from
merchants, manufacturers or wholesale dealers, having an established place of
business, or of any goods purchased at open sale from any bankrupt stock, but a
bill of sale or other evidence of open or legitimate purchase of such
the property shall be obtained and kept by such the person,
which must be shown upon demand to the sheriff or deputy sheriff of the
county, or to any police officer in any incorporated city or statutory city, in
which such
(d) Except as otherwise
provided in this section, a scrap metal dealer or the dealer's agent, employee,
or representative may not disclose personal information concerning a customer
without the customer's consent unless the disclosure is made in response to a
request from a law enforcement agency.
A scrap metal dealer must implement reasonable safeguards to protect the
security of the personal information and prevent unauthorized access to or
disclosure of the information. For
purposes of this paragraph, "personal information" is any
individually identifiable information gathered in connection with a record
under paragraph (a).
Subd. 2. Sheriff's copy of
record required. It shall be
the duty of every such person, firm or corporation defined in subdivision 1
hereof, to make out and to deliver or mail to the office of the sheriff of the
county in which business is conducted, not later than the second business day
of each week, a legible and correct copy of the record required in subdivision
1 of the entries during the preceding week.
In the event such person, firm or corporation has not made any purchases
or acquisitions required to be recorded under subdivision 1 hereof during the
preceding week no report need be submitted to the sheriff under this
subdivision.
Subd. 3. 2. Retention
required. Records required to be
maintained by subdivision 1 hereof 1a shall be retained by the person
making them scrap metal dealer for a period of three years.
Subd. 3. Payment by check or
electronic transfer required. A
scrap metal dealer or the dealer's agent, employee, or representative shall pay
for all scrap metal purchases only by check or electronic transfer.
Subd. 4. Registration required. (a) Every scrap metal dealer shall
register with and participate in the criminal alert network described in
section 299A.61. The dealer shall
ensure that the dealer's system for receiving incoming notices from the network
is in proper working order and ready to receive incoming notices. The dealer shall check the system for
incoming notices twice each day the business is open, once upon opening and
then again before closing. The dealer
shall inform all employees involved in the purchasing or receiving of scrap
metal of alerts received relating to scrap metal of the type that might be
conceivably sold to the dealer. In
addition, the dealer shall post copies of the alerts in a conspicuous location.
(b) The scrap metal dealer
shall pay to the commissioner of public safety a $50 annual fee to participate
in the criminal alert network and for the educational materials described in
section 299C.25.
(c) The commissioner shall
notify the scrap metal dealer if a message sent to the dealer is returned as
undeliverable or is otherwise not accepted for delivery by the dealer's
system. The dealer shall take action
necessary to ensure that future messages are received.
Subd. 5. Training. Each scrap metal dealer shall review the
educational materials provided by the superintendent of the Bureau of Criminal
Apprehension under section 299C.25 and ensure that all employees do so as well.
Subd. 6. Criminal penalty. A scrap metal dealer, or the agent,
employee, or representative of the dealer, who intentionally violates a
provision of this section, is guilty of a misdemeanor.
Subd. 7. Exemption. A scrap metal dealer may purchase
aluminum cans without complying with this section.
Subd. 8. Property held by law
enforcement. (a) Whenever a
law enforcement official from any agency has probable cause to believe that
property in the possession of a scrap metal dealer is stolen or is evidence of
a crime and notifies the dealer not to sell the item, the item may not be sold
or removed from the premises. This
investigative hold remains in effect for 90 days from the date of initial notification,
or until it is canceled or a seizure order is issued, whichever comes first.
(b) If an item is identified as
stolen or evidence in a criminal case, the law enforcement official may:
(1) physically seize and
remove it from the dealer, pursuant to a written order from the law enforcement
official; or
(2) place the item on hold
or extend the hold as provided in this section and leave it in the shop.
(c) When an item is seized,
the person doing so shall provide identification upon request of the dealer,
and shall provide the dealer the name and telephone number of the seizing
agency and investigator, and the case number related to the seizure.
(d) A dealer may request
seized property be returned in accordance with section 626.04.
(e) When an order to hold or
seize is no longer necessary, the law enforcement official shall so notify the
dealer.
Subd. 9. Video security cameras
required. (a) Each scrap
metal dealer shall install and maintain at each location video surveillance
cameras, still digital cameras, or similar devices positioned to record or
photograph a frontal view showing the face of each seller or prospective seller
of scrap metal who enters the location.
The scrap metal dealer shall also photograph the seller's or prospective
seller's vehicle, including license plate, either by video camera or still
digital camera, so that an accurate and complete description of it may be
obtained from the recordings made by the cameras. The video camera or still digital camera must be kept in operating
condition. The camera must record and
display the accurate date and time. The
video camera must be turned on at all times when the location is open for
business and at any other time when scrap metal is purchased.
(b) If the scrap metal
dealer does not purchase some or any scrap metal at a specific business
location, the dealer need not comply with this subdivision with respect to
those purchases.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies to
crimes committed on or after that date.
Sec. 22. REPEAL
BY PREEMPTION.
Minnesota Statutes, sections
299F.850 to 299F.859, are repealed if a federal reduced cigarette ignition
propensity standard that preempts these sections is adopted and becomes
effective.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 23. COLLATERAL
SANCTIONS COMMITTEE.
Subdivision 1. Establishment; duties. The Collateral Sanctions Committee shall
study issues related to collateral sanctions.
Specifically, the committee shall study how collateral sanctions are
addressed in other states and determine best practices on this. In addition, the committee shall study
issues relating to how criminal convictions and adjudications affect an
individual's employment and professional licensing opportunities in
Minnesota. The committee shall consider
the policy implications of providing a process to allow individuals currently
prohibited from certain types of employment or professional licensing because
of a criminal record to seek a waiver.
The committee shall make recommendations on changes in law and policy it
deems appropriate in this area. By
January 15, 2008, the committee shall report its findings and recommendations
to the chairs and ranking minority members of the committees having jurisdiction
over criminal justice policy in the senate and house of representatives.
Subd.
2.
Subd. 3. Membership. The committee consists of the following:
(1) the executive director
of the Sentencing Guidelines Commission, who shall serve as the committee's
chair and convening authority;
(2) the commissioner of
public safety, or designee;
(3) the commissioner of
corrections, or designee;
(4) the attorney general, or
designee;
(5) the state public
defender, or designee;
(6) a crime victim's
advocate, appointed by the commissioner of public safety;
(7) a county attorney,
appointed by the Minnesota County Attorneys Association;
(8) a city attorney,
appointed by the League of Minnesota Cities;
(9) a district court judge,
appointed by the Judicial Council;
(10) a private criminal
defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
(11) a probation officer,
appointed by the Minnesota Association of County Probation Officers;
(12) two peace officers, one
appointed by the Minnesota Sheriffs' Association and the other appointed by the
Minnesota Chiefs of Police Association;
(13) two members with
knowledge of housing issues, one of whom is a landlord and the other a tenant,
appointed by the commissioner of public safety;
(14) a member from the
employment industry, appointed by the commissioner of public safety;
(15) a member from a
community crime prevention organization, appointed by the commissioner of
public safety;
(16) a member from a
community of color, appointed by the commissioner of public safety;
(17) a member who is an
ex-criminal offender, appointed by the commissioner of public safety; and
(18) a member from an agency
that provides re-entry services to offenders being released from incarceration,
appointed by the commissioner of public safety.
Subd. 4. Expenses; expiration. The provisions of Minnesota Statutes,
section 15.059, apply to the committee.
The committee expires on January 15, 2008.
Subd. 5. Definition. As used in this section, "collateral
sanctions" has the meaning given in Minnesota Statutes, section 609B.050,
subdivision 1.
EFFECTIVE DATE. This section is effective the day following final enactment.
ARTICLE
8
EMERGENCY COMMUNICATIONS
Section 1. Minnesota Statutes 2006, section 403.07,
subdivision 4, is amended to read:
Subd. 4. Use
of furnished information. (a) Names,
addresses, and telephone numbers provided to a 911 system under subdivision 3
are private data and may be used only for identifying: (1) to
identify the location or identity, or both, of a person calling a 911 public
safety answering point; or (2) by a public safety answering point to notify
the public of an emergency. The
information furnished under subdivision 3 may not be used or disclosed by 911
system agencies, their agents, or their employees for any other purpose except
under a court order.
(b) For purposes of this
subdivision, "emergency" means a situation in which property or human
life is in jeopardy and the prompt notification of the public by the public
safety answering point is essential.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2006, section 403.07,
subdivision 5, is amended to read:
Subd. 5. Liability. (a) A wire-line telecommunications service
provider, its employees, or its agents are not liable to any person who uses
enhanced 911 telecommunications service for release of subscriber information
required under this chapter to any public safety answering point.
(b) A wire-line
telecommunications service provider is not liable to any person for the good
faith release to emergency communications personnel of information not in the
public record, including, but not limited to, nonpublished or nonlisted
telephone numbers.
(c) A wire-line
telecommunications service provider, its employees, or its agents are not
liable to any person for civil damages resulting from or caused by any act or
omission in the development, design, installation, operation, maintenance,
performance, or provision of enhanced 911 telecommunications service, except for
willful or wanton misconduct.
(d) A multiline telephone
system manufacturer, provider, or operator is not liable for any civil damages
or penalties as a result of any act or omission, except willful or wanton
misconduct, in connection with developing, designing, installing, maintaining,
performing, provisioning, adopting, operating, or implementing any plan or
system required by section 403.15.
(e) A telecommunications
service provider that participates in or cooperates with the public safety
answering point in notifying the public of an emergency, as authorized under
subdivision 4, is immune from liability arising out of the notification except
for willful or wanton misconduct.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2006, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. Emergency
telecommunications service fee; account.
(a) Each customer of a wireless or wire-line switched or packet-based
telecommunications service provider connected to the public switched telephone
network that furnishes service capable of originating a 911 emergency telephone
call is assessed a fee based upon the number of wired or wireless telephone
lines, or their equivalent, to cover the costs of ongoing maintenance and
related improvements for trunking and central office switching equipment for
911 emergency telecommunications service, to offset administrative and staffing
costs of the commissioner related to managing the 911 emergency telecommunications
service program, to make distributions provided for in section 403.113, and to
offset the costs, including administrative and staffing costs, incurred by the
State Patrol Division of the Department of Public Safety in handling 911
emergency calls made from wireless phones.
(b) Money remaining in the
911 emergency telecommunications service account after all other obligations
are paid must not cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency
telecommunications services. The
improvements may include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading existing 911 service
to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised
county 911 plans approved by the commissioner.
(c) The fee may not be less
than eight cents nor more than 65 cents a month until June 30, 2008, not
less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and
not less than eight cents nor more than 95 cents a month on or after July 1,
2010, for each customer access line or other basic access service,
including trunk equivalents as designated by the Public Utilities Commission
for access charge purposes and including wireless telecommunications
services. With the approval of the
commissioner of finance, the commissioner of public safety shall establish the
amount of the fee within the limits specified and inform the companies and
carriers of the amount to be collected.
When the revenue bonds authorized under section 403.27, subdivision 1,
have been fully paid or defeased, the commissioner shall reduce the fee to
reflect that debt service on the bonds is no longer needed. The commissioner shall provide companies and
carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all customers.
(d) The fee must be
collected by each wireless or wire-line telecommunications service provider
subject to the fee. Fees are payable to
and must be submitted to the commissioner monthly before the 25th of each month
following the month of collection, except that fees may be submitted quarterly
if less than $250 a month is due, or annually if less than $25 a month is
due. Receipts must be deposited in the
state treasury and credited to a 911 emergency telecommunications service
account in the special revenue fund.
The money in the account may only be used for 911 telecommunications
services.
(e) This subdivision does
not apply to customers of interexchange carriers.
(f) The installation and
recurring charges for integrating wireless 911 calls into enhanced 911 systems
are eligible for payment by the commissioner if the 911 service provider is
included in the statewide design plan and the charges are made pursuant to contract.
(g) Competitive local
exchanges carriers holding certificates of authority from the Public Utilities
Commission are eligible to receive payment for recurring 911 services.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 4. Minnesota Statutes 2006, section 403.11, is
amended by adding a subdivision to read:
Subd. 1a. Fee collection
declaration. If the
commissioner disputes the accuracy of a fee submission or if no fees are
submitted by a wireless, wire-line, or packet-based telecommunications service
provider, the wireless, wire-line, or packet-based telecommunications service
provider shall submit a sworn declaration signed by an officer of the company
certifying, under penalty of perjury, that the information provided with the
fee submission is true and correct. The
sworn declaration must specifically describe and affirm that the 911 fee
computation is complete and accurate. When a wireless, wire-line, or packet-based
telecommunications service provider fails to provide a sworn declaration within
90 days of notice by the commissioner that the fee submission is disputed, the
commissioner may estimate the amount due from the wireless, wire-line, or
packet-based telecommunications service provider and refer that amount for
collection under section 16D.04.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 5. Minnesota Statutes 2006, section 403.11, is
amended by adding a subdivision to read:
Subd. 1b. Examination of fees. If the commissioner determines that an
examination is necessary to document the fee submission and sworn declaration
in subdivision 1a, the wireless, wire-line, or packet-based telecommunications
service provider must contract with an independent certified public accountant
to conduct an examination of fees. The
examination must be conducted in accordance with attestation audit standards.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 6. Minnesota Statutes 2006, section 403.31,
subdivision 1, is amended to read:
Subdivision 1. Allocation
of operating costs. The current
costs of the board in implementing the regionwide public safety radio
communication plan system and the first and second phase systems shall be
allocated among and paid by the following users, all in accordance with the
regionwide public safety radio system communication plan adopted by the board:
(1) the state of Minnesota
for its operations using the system in the metropolitan counties;
(2) all local government
units using the system; and
(3) other eligible users of
the system.
(a) The ongoing costs of the commissioner not otherwise appropriated in
operating the statewide public safety radio communication system shall be
allocated among and paid by the following users, all in accordance with the
statewide public safety radio communication system plan under section 403.36:
(1) the state of Minnesota
for its operations using the system;
(2) all local government
units using the system; and
(3) other eligible users of
the system.
(b) Each local government
and other eligible users of the system shall pay to the commissioner all sums
charged under this section, at the times and in the manner determined by the
commissioner. The governing body of
each local government shall take all action necessary to provide the money required
for these payments and to make the payments when due.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 7. REPEALER.
Minnesota Statutes 2006,
section 403.31, subdivision 6, is repealed.
EFFECTIVE DATE. This section is effective July 1, 2007."
Delete the title and insert:
"A bill for an act relating to public safety;
appropriating money for the courts, public defenders, public safety,
corrections, human rights, and other criminal justice and judiciary-related
agencies; establishing, funding, modifying, and regulating public safety,
criminal justice, judiciary, law enforcement, corrections, and crime victims
services, policies, programs, duties, activities, or practices; requiring
studies and reports; creating and modifying working groups, councils, and task
forces; imposing criminal and civil penalties; setting or increasing fines or
fees; regulating DWI and driving provisions; regulating scrap metal dealers;
establishing ignition strength standards for cigarettes; providing conditional
repeals of certain laws; amending Minnesota Statutes 2006, sections 2.722,
subdivision 1; 3.732, subdivision 1; 3.736, subdivision 1; 13.82, subdivision
27; 15A.083, subdivision 4; 16A.72; 16B.181, subdivision 2; 16C.23, subdivision
2; 169A.275, by adding a subdivision; 169A.51, subdivision 7; 171.12, by adding
a subdivision; 171.305, by adding a subdivision; 171.55; 241.016, subdivision
1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278; 241.69, subdivisions 3,
4; 243.167, subdivision 1; 260C.193, subdivision 6; 268.19, subdivision 1;
297I.06, subdivision 3; 299A.641, subdivision 2; 299A.681, subdivision 2, by
adding a subdivision; 299C.46, by adding a subdivision; 299C.65, subdivisions
2, 5; 299N.02, subdivision 3; 302A.781, by adding a subdivision; 325E.21;
352D.02, subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7;
401.15, subdivision 1; 403.07, subdivisions 4, 5; 403.11, subdivision 1, by
adding subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83;
504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3;
518B.01, subdivision 22; 563.01, by adding a subdivision; 595.02, subdivision
1; 609.02, subdivision 16; 609.135, subdivision 8; 609.21, subdivisions 1, 4a,
5, by adding subdivisions; 609.341, subdivision 11; 609.344, subdivision 1;
609.345, subdivision 1; 609.3455, by adding a subdivision; 609.352; 609.52,
subdivision 3, by adding a subdivision; 609.526; 609.581, by adding
subdivisions; 609.582, subdivision 2; 609.595, subdivisions 1, 2; 611A.036,
subdivisions 2, 7; 611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision;
634.15, subdivisions 1, 2; 641.15, by adding a subdivision; 641.265,
subdivision 2; Laws 2001, First Special Session chapter 8, article 4, section
4; Laws 2003, First Special Session chapter 2, article 1, section 2; proposing
coding for new law in Minnesota Statutes, chapters 171; 241; 299C; 299F; 357;
484; 504B; 609; 611A; repealing Minnesota Statutes 2006, sections 241.021,
subdivision 5; 241.85, subdivision 2; 242.193, subdivision 2; 260B.173; 403.31,
subdivision 6; 480.175, subdivision 3; 609.21, subdivisions 2, 2a, 2b, 3, 4;
609.805; 611.20, subdivision 5."
We request the adoption of this report and repassage of the
bill.
House Conferees: Michael Paymar, Tina Liebling, Debra Hilstrom
and Steve Smith.
Senate Conferees: Linda Higgins, Leo Foley, Mary Olson, Thomas
M. Neuville and Julie Rosen.
Paymar moved that the report of the Conference Committee on
H. F. No. 829 be adopted and that the bill be repassed as amended
by the Conference Committee. The motion
prevailed.
H. F. No. 829, A bill for an act relating to state government;
appropriating money for public safety and corrections initiatives, courts,
public defenders, tax court, Uniform Laws Commission and Board on Judicial
Standards; providing certain general criminal and sentencing provisions;
regulating DWI and driving provisions; modifying or establishing various
provisions relating to public safety; providing for residency documentation;
regulating corrections, the courts, and emergency communications; regulating
scrap metal dealers; modifying certain law enforcement, insurance, human
services, and public defense provisions; providing immunity from certain civil
liability; establishing reduced ignition propensity standards for cigarettes;
providing conditional repeals of certain laws; providing penalties; amending
Minnesota Statutes 2006, sections 2.722, subdivision 1; 3.732, subdivision 1;
3.736, subdivision 1; 13.87, subdivision 1; 15A.083, subdivision 4; 16A.72;
16B.181, subdivision 2; 16C.23, subdivision 2; 168.012, subdivision 1; 169.13,
by adding a subdivision; 169.471, subdivision 2; 169A.275, by adding a subdivision; 169A.51,
subdivision 7; 171.09, subdivision 1; 171.12, by adding a subdivision; 171.55;
241.016, subdivision 1; 241.018; 241.27, subdivisions 1, 2, 3, 4; 241.278;
241.69, subdivisions 3, 4; 243.167, subdivision 1; 243.55, subdivision 1;
244.05, by adding a subdivision; 245.041; 253B.09, subdivision 3a; 260B.007, by
adding a subdivision; 260B.125, subdivision 1; 260B.130, subdivision 1;
260B.141, subdivision 4; 260B.198, subdivision 6; 260C.193, subdivision 6;
270A.03, subdivision 5; 299A.641, subdivision 2; 299C.65, subdivisions 2, 5;
302A.781, by adding a subdivision; 325E.21; 352D.02, subdivision 1; 363A.06,
subdivision 1; 383A.08, subdivisions 6, 7; 401.15, subdivision 1; 403.07,
subdivision 4; 403.11, subdivision 1, by adding subdivisions; 403.31,
subdivision 1; 484.54, subdivision 2; 484.83; 504B.361, subdivision 1; 518.165,
subdivisions 1, 2; 518A.35, subdivision 3; 518B.01, subdivisions 6a, 22;
548.091, subdivision 1a; 549.09, subdivision 1; 563.01, by adding a
subdivision; 590.05; 595.02, subdivision 1; 609.02, subdivision 16; 609.055;
609.135, subdivision 8, by adding a subdivision; 609.15, subdivision 1; 609.21,
subdivisions 1, 4a, 5, by adding subdivisions; 609.221, subdivision 2;
609.2232; 609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision
1; 609.3451, subdivision 3; 609.3455, subdivision 4, by adding a subdivision;
609.352; 609.505, subdivision 2; 609.581, by adding subdivisions; 609.582,
subdivision 2; 609.595, subdivisions 1, 2; 609.748, subdivisions 1, 5; 609.75,
subdivision 8, by adding subdivisions; 611.14; 611.20, subdivision 6; 611.215,
subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 1; 611.26, subdivisions
2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions 2, 7;
611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 626.5572,
subdivision 21; 634.15, subdivisions 1, 2; 641.05; 641.15, by adding a
subdivision; 641.265, subdivision 2; Laws 2001, First Special Session chapter
8, article 4, section 4; Laws 2003, First Special Session chapter 2, article 1,
section 2; proposing coding for new law in Minnesota Statutes, chapters 72A; 171;
241; 299A; 299F; 357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota
Statutes 2006, sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85,
subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21,
subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First
Special Session chapter 6, article 3, section 91.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 124 yeas
and 6 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
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
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Emmer
Garofalo
Mahoney
Peppin
Rukavina
The bill was repassed, as amended by Conference, and its title
agreed to.
CALENDAR FOR THE DAY
S. F. No. 124 was reported to the House.
Buesgens moved to amend S. F. No. 124, the second engrossment,
as follows:
Page 1, line 8, reinstate "shall" and delete
"may"
The motion did not prevail and the amendment was not adopted.
S. F. No. 124, A bill for an act relating to counties;
modifying procedures on the filling of vacancies for certain offices; amending
Minnesota Statutes 2006, section 375.101, subdivision 1, by adding a
subdivision.
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 111 yeas and 20
nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Faust
Fritz
Gardner
Gottwalt
Greiling
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Ozment
Paulsen
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Westrom
Winkler
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, S.
Buesgens
DeLaForest
Dettmer
Emmer
Erickson
Finstad
Garofalo
Gunther
Juhnke
Magnus
Olson
Otremba
Paymar
Peppin
Seifert
Simpson
Smith
Wardlow
Zellers
The bill was passed and its title agreed to.
S. F. No. 802 was reported to the House.
Liebling moved to amend S. F. No. 802, the
second engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 1072, the first engrossment:
"Section
1. Minnesota Statutes 2006, section
149A.01, subdivision 2, is amended to read:
Subd.
2. Scope. In Minnesota no person shall, without being
licensed by the commissioner of health:
(1)
take charge of, or remove from the place of death, or
transport a dead human body;
(2)
prepare a dead human body for final disposition, in any manner; or
(3)
arrange, direct, or supervise a funeral, memorial service, or graveside
service.
Sec.
2. Minnesota Statutes 2006, section
149A.01, subdivision 3, is amended to read:
Subd.
3. Exceptions
to licensure. (a) Except as
otherwise provided in this chapter, nothing in this chapter shall in any way
interfere with the duties of:
(1)
an officer of any public institution;
(2) (1) an officer of a medical
college, county medical society, anatomical association, or anatomical
bequest program located within an accredited school of medicine or an
accredited college of mortuary science;
(3)
a donee of an anatomical gift;
(4) (2) a person engaged in the
performance of duties prescribed by law relating to the conditions under which
unclaimed dead human bodies are held subject to anatomical study;
(5) (3) authorized personnel from a
licensed ambulance service in the performance of their duties;
(6) (4) licensed medical personnel
in the performance of their duties; or
(7) (5) the coroner or medical
examiner in the performance of the duties of their offices.
(b) This chapter does not apply
to or interfere with the recognized customs or rites of any culture or
recognized religion in the final disposition ceremonial washing,
dressing, and casketing of their dead, to the extent that the all
other provisions of this chapter are inconsistent with the customs or
rites complied with.
(c)
Noncompensated persons related by blood, adoption, or marriage to a decedent
who chose to remove a body of a decedent from the place of death, transport the
body, prepare the body for disposition, except embalming, or arrange for final
disposition of the body are not required to be licensed, with the right
to control the dead human body may remove a body from the place of death;
transport the body; prepare the body for disposition, except embalming; or
arrange for final disposition of the body, provided that all actions are in
compliance with this chapter.
(d)
Noncompensated persons acting pursuant to the lawful directive of a decedent
who remove a body of the decedent from the place of death, transport the body,
prepare the body for disposition, except embalming, or arrange for final
disposition of the body are not required to be licensed, provided that all
actions are otherwise in compliance with this chapter.
(e) (d) Persons serving internships
pursuant to section 149A.20, subdivision 6, or students officially registered
for a practicum or clinical through an a program of mortuary
science accredited college or university or a college of funeral service
education accredited by the American Board of Funeral Service Education are
not required to be licensed, provided that the persons or students are
registered with the commissioner and act under the direct and exclusive
supervision of a person holding a current license to practice mortuary science
in Minnesota.
(f) (e) Notwithstanding this
subdivision, nothing in this section shall be construed to prohibit an
institution or entity from establishing, implementing, or enforcing a policy
that permits only persons licensed by the commissioner to remove or cause to be
removed a dead body or body part from the institution or entity.
(f)
An unlicensed person may arrange for and direct or supervise a memorial service
after final disposition of the dead human body has taken place. An unlicensed person may not take charge of
the dead human body, however an unlicensed person may arrange for and direct or
supervise a memorial service before final disposition of the dead human body
has taken place.
Sec.
3. Minnesota Statutes 2006, section
149A.02, subdivision 2, is amended to read:
Subd.
2. Alternative
container. "Alternative
container" means a rigid nonmetal receptacle or enclosure, without
ornamentation or a fixed interior lining, which is designed for the encasement
of dead human bodies and is made of corrugated cardboard, fiberboard,
pressed-wood, composition materials, with or without an outside covering,
or other like materials.
Sec.
4. Minnesota Statutes 2006, section
149A.02, is amended by adding a subdivision to read:
Subd.
5a. Clinical
student. "Clinical
student" means a person officially registered for a clinical through a
program of mortuary science accredited by the American Board of Funeral Service
Education.
Sec.
5. Minnesota Statutes 2006, section
149A.02, subdivision 8, is amended to read:
Subd.
8. Cremated
remains container. "Cremated
remains container" means a receptacle in which postcremation remains are
placed. For purposes of this
chapter, "cremated remains container" is interchangeable with
"urn" or similar keepsake storage jewelry.
Sec.
6. Minnesota Statutes 2006, section
149A.02, subdivision 11, is amended to read:
Subd.
11. Cremation container.
"Cremation container" means a rigid, combustible,
closed container resistant to the leakage of bodily fluids into which
that encases the body and can be made of materials like fiberboard, or
corrugated cardboard and into which a dead human body is placed prior to
insertion into a cremation chamber for cremation. Cremation containers may be combustible "alternative
containers" or combustible "caskets."
Sec.
7. Minnesota Statutes 2006, section
149A.02, subdivision 12, is amended to read:
Subd.
12. Crematory.
"Crematory" means a building or structure containing one or
more cremation chambers or retorts for the cremation of dead human bodies or
any person that performs cremations.
Sec.
8. Minnesota Statutes 2006, section
149A.02, subdivision 13, is amended to read:
Subd.
13. Direct cremation.
"Direct cremation" means a final disposition of a dead
human body by cremation, without formal viewing, visitation, or ceremony with
the body present.
Sec.
9. Minnesota Statutes 2006, section
149A.02, is amended by adding a subdivision to read:
Subd.
13a. Direct
supervision. "Direct
supervision" means overseeing the performance of an individual. For the purpose of a clinical, practicum, or
internship, direct supervision means that the supervisor is available to
observe and correct, as needed, the performance of the trainee. The mortician supervisor is accountable for
the actions of the clinical student, practicum student, or intern throughout
the course of the training. The
supervising mortician is accountable for any violations of law or rule, in the
performance of their duties, by the clinical student, practicum student, or
intern.
Sec.
10. Minnesota Statutes 2006, section
149A.02, subdivision 16, is amended to read:
Subd.
16. Final disposition.
"Final disposition" means the acts leading to and the
entombment, burial in a cemetery, or cremation of a dead human body.
Sec.
11. Minnesota Statutes 2006, section
149A.02, subdivision 33, is amended to read:
Subd.
33. Practicum student.
"Practicum student" means a person officially registered for a
practicum through an a program of mortuary science accredited college
or university or a college of funeral service education accredited by the
American Board of Funeral Service Education.
Sec.
12. Minnesota Statutes 2006, section
149A.02, subdivision 34, is amended to read:
Subd.
34. Preparation of the body.
"Preparation of the body" means embalming of the body or such
items of care as washing, disinfecting, shaving, positioning of features,
restorative procedures, care of hair, application of cosmetics,
dressing, and casketing.
Sec.
13. Minnesota Statutes 2006, section
149A.02, is amended by adding a subdivision to read:
Subd.
37b. Refrigeration. "Refrigeration" means to
preserve by keeping cool at a temperature of 40 degrees Fahrenheit or less
using mechanical or natural means.
Sec.
14. Minnesota Statutes 2006, section
149A.03, is amended to read:
149A.03 DUTIES OF COMMISSIONER.
The
commissioner shall:
(1)
enforce all laws and adopt and enforce rules relating to the:
(i)
removal, preparation, transportation, arrangements for disposition, and final
disposition of dead human bodies;
(ii)
licensure and professional conduct of funeral directors, morticians, and
interns, practicum students, and clinical students;
(iii)
licensing and operation of a funeral establishment; and
(iv)
licensing and operation of a crematory;
(2)
provide copies of the requirements for licensure and permits to all applicants;
(3)
administer examinations and issue licenses and permits to qualified persons and
other legal entities;
(4)
maintain a record of the name and location of all current licensees and
interns;
(5)
perform periodic compliance reviews and premise inspections of licensees;
(6)
accept and investigate complaints relating to conduct governed by this chapter;
(7)
maintain a record of all current preneed arrangement trust accounts;
(8)
maintain a schedule of application, examination, permit, and licensure fees,
initial and renewal, sufficient to cover all necessary operating expenses;
(9)
educate the public about the existence and content of the laws and rules for
mortuary science licensing and the removal, preparation, transportation,
arrangements for disposition, and final disposition of dead human bodies to
enable consumers to file complaints against licensees and others who may have
violated those laws or rules;
(10)
evaluate the laws, rules, and procedures regulating the practice of mortuary
science in order to refine the standards for licensing and to improve the
regulatory and enforcement methods used; and
(11)
initiate proceedings to address and remedy deficiencies and inconsistencies in
the laws, rules, or procedures governing the practice of mortuary science and
the removal, preparation, transportation, arrangements for disposition, and
final disposition of dead human bodies.
Sec.
15. Minnesota Statutes 2006, section
149A.20, subdivision 1, is amended to read:
Subdivision
1. License
required. Except as provided in
section 149A.01, subdivision 3, any person who takes charge of, or
removes from the place of death, or transports a dead human body, or
prepares a dead human body for final disposition in any manner, or arranges,
directs, or supervises a funeral, memorial service, or graveside service must
possess a valid license to practice mortuary science issued by the
commissioner. A funeral
establishment may provide a nonlicensed individual to direct or supervise a
memorial service provided they disclose that information to the person or
persons with the authority to make the funeral arrangement as provided in
section 149A.80.
Sec.
16. Minnesota Statutes 2006, section
149A.20, subdivision 4, is amended to read:
Subd.
4. Educational
requirements. (a) Effective on
January 1, 1999, The person shall have:
(1)
received a bachelor of science degree with a major in mortuary science from an
accredited college or university;
(2)
received a bachelor of science or arts degree from an accredited college or
university and completed a separate course of study in mortuary science from a
college of funeral service education accredited by the American Board of
Funeral Service Education; or
(3)
completed credit hours at accredited colleges or universities that in the
numerical aggregate and distribution are the functional equivalent of a
bachelor of arts or science degree and have completed a separate course of
study in mortuary science from a college of funeral service education
program of mortuary science accredited by the American Board of Funeral
Service Education.
(b)
In the interim, from July 1, 1997, to December 31, 1998, the educational
requirements for initial licensure shall be:
(1)
successful completion of at least 60 semester credit hours or 90 quarter credit
hours at an accredited college or university with the following minimum credit
distribution:
(i)
communications, including speech and English; 12 quarter hours or nine semester
hours;
(ii)
social science, including an introductory course in sociology and psychology;
20 quarter hours or 12 semester hours;
(iii)
natural science, including general or inorganic chemistry and biology; 20
quarter hours or 12 semester hours;
(iv)
health education, including personal or community health; three quarter hours
or two semester hours; and
(v)
elective areas; 35 quarter hours or 25 semester hours; and
(2)
successful completion of a separate course of study in mortuary science from a
college of funeral service education accredited by the American Board of
Funeral Service Education.
Sec.
17. Minnesota Statutes 2006, section
149A.20, subdivision 6, is amended to read:
Subd.
6. Internship. (a) A person who attains a passing score on
both examinations in subdivision 5 must complete a registered internship under
the direct supervision of an individual currently licensed to practice mortuary
science in Minnesota. Interns must file
with the commissioner:
(1)
the appropriate fee; and
(2) a
registration form indicating the name and home address of the intern, the date
the internship begins, and the name, license number, and business address of
the supervising mortuary science licensee.
(b)
Any changes in information provided in the registration must be immediately
reported to the commissioner. The
internship shall be a minimum of one calendar year and a maximum of three
calendar years in duration; however, the commissioner may waive up to three
months of the internship time requirement upon satisfactory completion
of the a clinical or practicum in mortuary science administered
through the program of mortuary science of the University of Minnesota or a
substantially similar program.
Registrations must be renewed on an annual basis if they exceed one
calendar year. During the internship
period, the intern must be under the direct and exclusive supervision of
a person holding a current license to practice mortuary science in
Minnesota. An intern may be registered
under only one licensee at any given time and may be directed and supervised
only by the registered licensee. The
registered licensee shall have only one intern registered at any given
time. The commissioner shall issue to
each registered intern a registration permit that must be displayed with the
other establishment and practice licenses.
While under the direct and exclusive supervision of the licensee,
the intern must actively participate in the embalming of at least 25 dead human
bodies and in the arrangements for and direction of at least 25 funerals. Case reports, on forms provided by the
commissioner, shall be completed by the intern, signed by the supervising
licensee, and filed with the commissioner for at least 25 embalmings and
funerals in which the intern participates.
Information contained in these reports that identifies the subject or
the family of the subject embalmed or the subject or the family of the subject
of the funeral shall be classified as licensing data under section 13.41,
subdivision 2.
Sec.
18. Minnesota Statutes 2006, section
149A.40, subdivision 11, is amended to read:
Subd.
11. Continuing education. The
commissioner may, upon presentation of an appropriate program of continuing
education developed by the Minnesota Funeral Directors Association, require
continuing education hours for renewal of a license to practice mortuary
science.
Sec.
19. Minnesota Statutes 2006, section
149A.45, is amended by adding a subdivision to read:
Subd.
6. Fees. The renewal fees shall be paid to the
commissioner of finance and shall be credited to the state government special
revenue fund in the state treasury.
Sec.
20. Minnesota Statutes 2006, section
149A.45, is amended by adding a subdivision to read:
Subd.
7. Reinstatement. After one year a person who registers
under this section may reapply meeting current requirements for licensure
listed in section 149A.20.
Sec.
21. Minnesota Statutes 2006, section
149A.50, subdivision 2, is amended to read:
Subd.
2. Requirements
for funeral establishment. A
funeral establishment licensed under this section must contain:
(1) contain
a preparation and embalming room as described in section 149A.92; and
(2) contain
office space for making arrangements.; and
(3)
comply with applicable local and state building codes, zoning laws, and
ordinances.
Sec.
22. Minnesota Statutes 2006, section
149A.50, subdivision 4, is amended to read:
Subd.
4. Nontransferability
of license. A license to operate a
funeral establishment is not assignable or transferable and shall not be valid
for any person other than the one named.
Each license issued to operate a funeral establishment is valid only for
the location identified on the license.
A 50 percent or more change in ownership or location of the
funeral establishment automatically terminates the license. Separate licenses shall be required of two
or more persons or other legal entities operating from the same location.
Sec. 23. Minnesota Statutes 2006, section 149A.52,
subdivision 4, is amended to read:
Subd.
4. Nontransferability
of license. A license to operate a
crematory is not assignable or transferable and shall not be valid for any person
other than the one named. Each license
issued to operate a crematory is valid only for the location identified on the
license. A 50 percent or more
change in ownership or location of the crematory automatically terminates the
license. Separate licenses shall be
required of two or more persons or other legal entities operating from the same
location.
Sec.
24. Minnesota Statutes 2006, section
149A.52, is amended by adding a subdivision to read:
Subd.
5a. Initial
licensure and inspection fees. The
licensure and inspection fees shall be paid to the commissioner of finance and
shall be credited to the state government special revenue fund in the state
treasury.
Sec.
25. Minnesota Statutes 2006, section
149A.53, is amended by adding a subdivision to read:
Subd.
9. Renewal
and reinspection fees. The
renewal and reinspection fees shall be paid to the commissioner of finance and
shall be credited to the state government special revenue fund in the state
treasury.
Sec.
26. Minnesota Statutes 2006, section
149A.63, is amended to read:
149A.63 PROFESSIONAL COOPERATION.
A
licensee, clinical student, practicum student, intern, or applicant for
licensure under this chapter that is the subject of or part of an
inspection or investigation by the commissioner or the commissioner's designee
shall cooperate fully with the inspection or investigation. Failure to cooperate constitutes grounds for
disciplinary action under this chapter.
Sec.
27. Minnesota Statutes 2006, section
149A.70, subdivision 1, is amended to read:
Subdivision
1. Use
of titles. Only a person holding a
valid license to practice mortuary science issued by the commissioner may use
the title of mortician, funeral director, or any other title implying that the
licensee is engaged in the business or practice of mortuary science. Only the holder of a valid license to
operate a funeral establishment issued by the commissioner may use the title of
funeral home, funeral chapel, funeral service, or any other title, word,
or term implying that the licensee is engaged in the business or practice of
mortuary science. Only the holder of a
valid license to operate a crematory issued by the commissioner may use the
title of crematory, crematorium, or any other title, word, or term implying
that the licensee operates a crematory or crematorium.
Sec.
28. Minnesota Statutes 2006, section
149A.70, subdivision 3, is amended to read:
Subd.
3. Advertising. No licensee, clinical student, practicum
student, or intern shall publish or disseminate false, misleading, or
deceptive advertising. False,
misleading, or deceptive advertising includes, but is not limited to:
(1)
identifying, by using the names or pictures of, persons who are not licensed to
practice mortuary science in a way that leads the public to believe that those
persons will provide mortuary science services;
(2)
using any name other than the names under which the funeral establishment or
crematory is known to or licensed by the commissioner;
(3) using a surname not
directly, actively, or presently associated with a licensed funeral
establishment or crematory, unless the surname had been previously and
continuously used by the licensed funeral establishment or crematory; and
(4)
using a founding or establishing date or total years of service not directly or
continuously related to a name under which the funeral establishment or
crematory is currently or was previously licensed.
Any
advertising or other printed material that contains the names or pictures of
persons affiliated with a funeral establishment or crematory shall state the
position held by the persons and shall identify each person who is licensed or
unlicensed under this chapter.
Sec.
29. Minnesota Statutes 2006, section
149A.70, subdivision 5, is amended to read:
Subd.
5. Reimbursement
prohibited. No licensee,
clinical student, practicum student, or intern shall offer, solicit, or
accept a commission, fee, bonus, rebate, or other reimbursement in
consideration for recommending or causing a dead human body to be disposed of in
by a specific body donation program, funeral establishment,
crematory, mausoleum, or cemetery.
Sec.
30. Minnesota Statutes 2006, section
149A.70, subdivision 5a, is amended to read:
Subd.
5a. Solicitations prohibited in certain situations. No funeral provider or whole body
donation program may directly or indirectly:
(1)
call upon an individual at a grave site, in a hospital, nursing home, hospice,
or similar institution or facility, or at a visitation, wake, or reviewal for
the purpose of soliciting the sale of funeral goods, funeral services, burial
site goods, or burial site services or for the purpose of making arrangements
for a funeral or the final disposition of a dead human body, without a specific
request for solicitation from that individual;
(2)
solicit the sale of funeral goods, funeral services, burial site goods, or
burial site services from an individual whose impending death is readily
apparent, without a specific request for solicitation from that individual; or
(3)
engage in telephone solicitation of an individual who has the right to
control the final disposition of a dead human body within ten days after the
death of the individual whose body is being disposed, without a specific
request for solicitation from that individual.
This
subdivision does not apply to communications between an individual and a
funeral provider who is related to the individual by blood, adoption, or
marriage.
Sec.
31. Minnesota Statutes 2006, section
149A.70, subdivision 6, is amended to read:
Subd.
6. Use
of unlicensed personnel; interns; and practicum students. Except as otherwise provided in this
chapter, a licensed funeral establishment may not employ unlicensed
personnel to perform the duties of a funeral director or mortician licensee in charge at all
times. The funeral establishment and
the individual licensee are responsible for compliance and training of the
nonlicensed employee outlined in sections 149A.90, subdivision 6, and 149A.92,
subdivisions 7 and 10, and shall be fully accountable for all actions of the
nonlicensed employee.so long
as the unlicensed personnel act under the direct supervision of an individual
holding a current license to practice mortuary science in Minnesota and all
applicable provisions of this chapter are followed. It is the duty of the licensees, individual or establishment, to
provide proper training for all unlicensed personnel, and the licensees shall
be strictly accountable for compliance with this chapter. This subdivision does not apply to
registered interns who are under the direct and exclusive supervision of a
registered licensee or a student duly registered for a practicum through an
accredited college or university or a college of funeral service education
accredited by the American Board of Funeral Service Education. A licensee may be personally assisted by
a nonlicensed employee when removing a dead human body from the place of death
and in the lifting of a dead human body at the funeral establishment. The nonlicensed employee must be in the
immediate physical presence of the
Sec.
32. Minnesota Statutes 2006, section
149A.70, subdivision 7, is amended to read:
Subd.
7. Unprofessional
conduct. No licensee or intern
shall engage in or permit others under the licensee's or intern's supervision
or employment to engage in unprofessional conduct. Unprofessional conduct includes, but is not limited to:
(1)
harassing, abusing, or intimidating a customer, employee, or any other person
encountered while within the scope of practice, employment, or business;
(2)
using profane, indecent, or obscene language within the immediate hearing of
the family or relatives of the deceased;
(3)
failure to treat with dignity and respect the body of the deceased, any member
of the family or relatives of the deceased, any employee, or any other person
encountered while within the scope of practice, employment, or business;
(4)
the habitual overindulgence in the use of or dependence on intoxicating
liquors, prescription drugs, over-the-counter drugs, illegal drugs, or any other
mood altering substances that substantially impair a person's work-related
judgment or performance;
(5)
revealing personally identifiable facts, data, or information about a decedent,
customer, member of the decedent's family, or employee acquired in the practice
or business without the prior consent of the individual, except as authorized
by law;
(6)
intentionally misleading or deceiving any customer in the sale of any goods or
services provided by the licensee;
(7)
knowingly making a false statement in the procuring, preparation, or filing of
any required permit or document; or
(8)
knowingly making a false statement on a record of death.
Sec.
33. Minnesota Statutes 2006, section
149A.70, subdivision 8, is amended to read:
Subd.
8. Disclosure
of ownership. All funeral
establishments and funeral providers must clearly state by whom they are owned in
on all price lists, business literature, stationary, Web sites,
correspondence, and contracts. This
subdivision does not apply to envelopes, business cards, newspaper
advertisements, telephone book advertisements, billboard advertisements, or
radio and television advertisements.
Sec.
34. Minnesota Statutes 2006, section
149A.70, subdivision 9, is amended to read:
Subd.
9. Disclosure
of change of ownership. (a) Within
15 days of a change in ownership of a funeral establishment or funeral
provider, the funeral establishment or funeral provider shall notify all
preneed consumers by first class mail of the change in ownership. The notification shall advise the preneed
consumers of their right to transfer all preneed trust funds to a new funeral
provider and shall advise all preneed consumers who have revocable preneed
trusts of their right to terminate the trust and receive a refund of all
principal paid into the trust, plus interest accrued.
(b) For purposes of this
subdivision:
(1)
"change in ownership" means:
(i)
the sale or transfer of all or substantially all 50 percent or more
of the controlling interest or assets of a funeral establishment or
funeral provider;
(ii)
the sale or transfer of a controlling interest of a funeral establishment or
funeral provider; or
(iii)
the termination of the business of a funeral establishment or funeral provider
where there is no transfer of assets or stock; and
(2)
"controlling interest" means:
(i) an
interest in a partnership of greater than 50 percent; or
(ii)
greater than 50 percent of the issued and outstanding shares of a stock of a
corporation.
Sec.
35. Minnesota Statutes 2006, section
149A.71, subdivision 2, is amended to read:
Subd.
2. Preventive
requirements. (a) To prevent unfair
or deceptive acts or practices, the requirements of this subdivision must be
met.
(b)
Funeral providers must tell persons who ask by telephone about the funeral provider's
offerings or prices any accurate information from the price lists described in
paragraphs (c) to (e) and any other readily available information that
reasonably answers the questions asked.
(c)
Funeral providers must make available for viewing to people who inquire in
person about the offerings or prices of funeral goods or burial site goods,
separate printed or typewritten price lists using a ten-point font or larger. Each funeral provider must have a separate
price list for each of the following types of goods that are sold or offered
for sale:
(1)
caskets;
(2)
alternative containers;
(3)
outer burial containers;
(4)
cremation containers and;
(5) cremated remains
containers;
(5) (6) markers; and
(6) (7) headstones.
(d)
Each separate price list must contain the name of the funeral provider's place
of business, address, and telephone number and a caption describing the
list as a price list for one of the types of funeral goods or burial site goods
described in paragraph (c), clauses (1) to of all the specific funeral
goods and burial site goods offered which do not require special ordering,
enough information to identify each, and the effective date for the price
list. (6) (7). The funeral provider must offer the list
upon beginning discussion of, but in any event before showing, the specific
funeral goods or burial site goods and must provide a photocopy of the price
list, for retention, if so asked by the consumer. The list must contain, at least, the retail prices In lieu of a written price
list, other formats, such as notebooks, brochures, or charts may be used if
they contain the same information as would the printed or typewritten list, and
display it in a clear and conspicuous manner.
However, funeral providers are not required to make a specific price
list available if the funeral providers place the information required by this
paragraph on the general price list described in paragraph (e).
(e)
Funeral providers must give a printed or typewritten price list, for
retention, to persons who inquire in person about the funeral goods, funeral
services, burial site goods, or burial site services or prices offered by the
funeral provider. The funeral provider
must give the list upon beginning discussion of either the prices of or the
overall type of funeral service or disposition or specific funeral goods,
funeral services, burial site goods, or burial site services offered by the
provider. This requirement applies
whether the discussion takes place in the funeral establishment or elsewhere. However, when the deceased is removed for
transportation to the funeral establishment, an in-person request for
authorization to embalm does not, by itself, trigger the requirement to offer
the general price list. If the
provider, in making an in-person request for authorization to embalm, discloses
that embalming is not required by law except in certain special cases, the
provider is not required to offer the general price list. Any other discussion during that time about
prices or the selection of funeral goods, funeral services, burial site goods,
or burial site services triggers the requirement to give the consumer a general
price list. The general price list must
contain the following information:
(1)
the name, address, and telephone number of the funeral provider's place of
business;
(2) a
caption describing the list as a "general price list";
(3)
the effective date for the price list;
(4)
the retail prices, in any order, expressed either as a flat fee or as the
prices per hour, mile, or other unit of computation, and other information
described as follows:
(i)
forwarding of remains to another funeral establishment, together with a list of
the services provided for any quoted price;
(ii)
receiving remains from another funeral establishment, together with a list of
the services provided for any quoted price;
(iii)
separate prices for each cremation offered by the funeral provider, with the
price including an alternative or cremation container, any crematory charges,
and a description of the services and container included in the price, where
applicable, and the price of cremation where the purchaser provides the
container;
(iv)
separate prices for each immediate burial offered by the funeral provider,
including a casket or alternative container, and a description of the services
and container included in that price, and the price of immediate burial where
the purchaser provides the casket or alternative container;
(v)
transfer of remains to the funeral establishment;
(vi)
embalming;
(vii) other
preparation of the body;
(viii)
use of facilities, equipment, or staff for viewing;
(ix)
use of facilities, equipment, or staff for funeral ceremony;
(x)
use of facilities, equipment, or staff for memorial service;
(xi)
use of equipment or staff for graveside service;
(xii)
hearse or funeral coach;
(xiii)
limousine; and
(xiv)
separate prices for all cemetery-specific goods and services, including all
goods and services associated with interment and burial site goods and services
and excluding markers and headstones;
(5)
the price range for the caskets offered by the funeral provider, together with
the statement "A complete price list will be provided at the funeral
establishment or casket sale location." or the prices of individual
caskets, as disclosed in the manner described in paragraphs (c) and (d);
(6)
the price range for the alternative containers offered by the funeral provider,
together with the statement "A complete price list will be provided at the
funeral establishment or alternative container sale location." or the
prices of individual alternative containers, as disclosed in the manner
described in paragraphs (c) and (d);
(7)
the price range for the outer burial containers offered by the funeral
provider, together with the statement "A complete price list will be
provided at the funeral establishment or outer burial container sale
location." or the prices of individual outer burial containers, as
disclosed in the manner described in paragraphs (c) and (d);
(8)
the price range for the cremation containers and cremated remains containers
offered by the funeral provider, together with the statement "A complete
price list will be provided at the funeral establishment or cremation container
sale location." or the prices of individual cremation containers and
cremated remains containers, as disclosed in the manner described in paragraphs
(c) and (d);
(9) the
price range for the cremated remains containers offered by the funeral
provider, together with the statement, "A complete price list will be
provided at the funeral establishment or cremation container sale
location," or the prices of individual cremation containers as disclosed
in the manner described in paragraphs (c) and (d);
(10)
the price
for the basic services of funeral provider and staff, together with a list of
the principal basic services provided for any quoted price and, if the charge
cannot be declined by the purchaser, the statement "This fee for our basic
services will be added to the total cost of the funeral arrangements you
select. (This fee is already included in our charges for direct cremations,
immediate burials, and forwarding or receiving remains.)" If the charge
cannot be declined by the purchaser, the quoted price shall include all charges
for the recovery of unallocated funeral provider overhead, and funeral
providers may include in the required disclosure the phrase "and
overhead" after the word "services." This services fee is the
only funeral provider fee for services, facilities, or unallocated overhead
permitted by this subdivision to be nondeclinable, unless otherwise required by
law;
(10)
if the price for basic services, as described in clause (9), is not applicable,
the statement "Please note that a fee for the use of our basic services is
included in the price of our caskets.
Our services include (specify services provided)." The fee shall
include all charges for the recovery of unallocated funeral provider overhead,
and funeral providers may include in the required disclosure the phrase
"and overhead" after the word "services." The statement
must be placed on the general price list, together with the casket price range
or the prices of individual caskets.
This services fee is the only funeral provider fee for services,
facilities, or unallocated overhead permitted by this subdivision to be
nondeclinable, unless otherwise required by law; and
(11)
the price range for the markers and headstones offered by the funeral provider,
together with the statement "A complete price list will be provided at the
funeral establishment or marker or headstone sale location." or the prices
of individual markers and headstones, as disclosed in the manner described in
paragraphs (c) and (d).; and
(12)
any package priced funerals offered must be listed in addition to and following
the information required in paragraph (e) and must clearly state the funeral
goods and services being offered, the price being charged for those goods and
services, and the discounted savings.
(f)
Funeral providers must give an itemized written statement, for retention, to
each consumer who arranges a an at-need funeral or other
disposition of human remains at the conclusion of the discussion of the
arrangements. The itemized written
statement must be signed by the consumer selecting the goods and services as
required in section 149A.80. If the
statement is provided at by a funeral establishment, the
statement must be signed by the licensed funeral director or mortician planning
the arrangements. If the statement is
provided by any other funeral provider, the statement must be signed by an
authorized agent of the funeral provider.
The statement must list the funeral goods, funeral services, burial site
goods, or burial site services selected by that consumer and the prices to be
paid for each item, specifically itemized cash advance items (these prices must
be given to the extent then known or reasonably ascertainable if the prices are
not known or reasonably ascertainable, a good faith estimate shall be given and
a written statement of the actual charges shall be provided before the final
bill is paid), and the total cost of goods and services selected. The information required by this
paragraph may be included on any contract, statement, or other document which
the funeral provider would otherwise provide at the conclusion of discussion of
arrangements. At the conclusion of an at-need arrangement, the funeral
provider is required to give the consumer a copy of the signed itemized written
contract that must contain the information required in this paragraph.
(g)
Funeral providers must give any other price information, in any other format,
in addition to that required by paragraphs (c) to (e) so long as the written
statement required by paragraph (f) is given when required.
(h) (g) Upon receiving actual
notice of the death of an individual with whom a funeral provider has entered a
preneed funeral agreement, the funeral provider must provide a copy of all
preneed funeral agreement documents to the person who controls final
disposition of the human remains or to the designee of the person controlling
disposition. The person controlling
final disposition shall be provided with these documents at the time of the
person's first in-person contact with the funeral provider, if the first
contact occurs in person at a funeral establishment, crematory, or other place
of business of the funeral provider. If
the contact occurs by other means or at another location, the documents must be
provided within 24 hours of the first contact.
Sec.
36. Minnesota Statutes 2006, section
149A.71, subdivision 4, is amended to read:
Subd.
4. Casket,
alternate container, and cremation container sales; records; required
disclosures. Any funeral provider
who sells or offers to sell a casket, alternate container, or cremation
container, or cremated remains container to the public must maintain a
record of each sale that includes the name of the purchaser, the purchaser's
mailing address, the name of the decedent, the date of the decedent's death,
and the place of death. These records
shall be open to inspection by the regulatory agency and reported to the
commissioner. Any funeral provider
selling a casket, alternate container, or cremation container to the public,
and not having charge of the final disposition of the dead human body, shall enclose
within the casket, alternate container, or cremation container information
provided by the commissioner that includes a blank record of death, and
provide a copy of the statutes and rules controlling the removal,
preparation, transportation, arrangements for disposition, and final
disposition of a dead human body. This
subdivision does not apply to morticians, funeral directors, funeral
establishments, crematories, or wholesale distributors of caskets, alternate
containers, or cremation containers.
Sec.
37. Minnesota Statutes 2006, section
149A.72, subdivision 4, is amended to read:
Subd.
4. Casket
for cremation provision; preventive measures. To prevent deceptive acts or practices, funeral providers must
place the following disclosure in immediate conjunction with the prices shown
for cremations: "Minnesota law does not require you to purchase a
casket for cremation. If you want
to arrange a cremation, you can use a cremation container. A cremation container is a rigid,
combustible, closed container resistant to the leakage of bodily fluids,
that encases the body and can be made of materials like fiberboard or composition
materials (with or without an outside covering) corrugated cardboard and
into which a dead human body is placed prior to insertion into a cremation
chamber for cremation. The
containers we provide are (specify containers provided)." This disclosure
is required only if the funeral provider arranges direct cremations.
Sec.
38. Minnesota Statutes 2006, section 149A.74,
subdivision 1, is amended to read:
Subdivision
1. Services
provided without prior approval; deceptive acts or practices. In selling or offering to sell funeral goods
or funeral services to the public, it is a deceptive act or practice for any funeral
provider to embalm a dead human body unless state or local law or regulation
requires embalming in the particular circumstances regardless of any funeral
choice which might be made, or prior approval for embalming has been obtained
from an individual legally authorized to make such a decision, or the
funeral provider is unable to contact the legally authorized individual after
exercising due diligence, has no reason to believe the legally authorized
individual does not want embalming performed, and obtains subsequent approval
for embalming already performed. In
seeking approval to embalm, the funeral provider must disclose that embalming
is not required by law except in certain circumstances; that a fee will be
charged if a funeral is selected which requires embalming, such as a funeral
with viewing; and that no embalming fee will be charged if the family
selects a service which does not require embalming, such as direct cremation or
immediate burial.
Sec.
39. Minnesota Statutes 2006, section
149A.80, subdivision 1, is amended to read:
Subdivision
1. Advance
directives and will of decedent. A
person may direct the preparation for, type, or place of that person's final
disposition, either by oral or written instructions. A person may arrange for the preparation, type of service, and
place of final disposition in advance of need with a funeral establishment by
written instructions that are dated, signed, and notarized or witnessed. The person or persons otherwise entitled
to control the final disposition under this chapter shall faithfully carry out
the reasonable and otherwise lawful directions of the decedent to the extent
that the decedent has provided resources for the purpose of carrying out the
directions. If the instructions are
contained in a will, they shall be immediately carried out, regardless of the
validity of the will in other respects or of the fact that the will may not be
offered for or admitted to probate until a later date, subject to other
provisions of this chapter or any other law of this state. This subdivision shall be administered and
construed so that the reasonable and lawful instructions of the decedent or the
person entitled to control the final disposition shall be faithfully and
promptly performed.
Sec.
40. Minnesota Statutes 2006, section
149A.80, subdivision 2, is amended to read:
Subd.
2. Determination
of right to control and duty of disposition. The right to control the disposition of the remains of a deceased
person, including the location and conditions of final disposition, unless
other directions have been given by the decedent pursuant to subdivision 1,
vests in, and the duty of final disposition of the body devolves upon, the
following in the order named:
(1)
the person or persons appointed in a dated written instrument signed by
the decedent. Written instrument
includes, but is not limited to, a health care directive executed under chapter
145C. Written instrument does not include
a durable or nondurable power of attorney which terminates on the death of the
principal pursuant to sections 523.08 and 523.09;
(2)
the surviving, legally recognized spouse;
(3) a
majority of the surviving biological or adopted child or children of the
decedent over the age of majority, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on
instructions given by the child or children who represent that they are the
sole surviving child, or that they constitute a majority of the surviving
children;
(4)
the surviving parent or parents of the decedent each having equal authority;
(5) a
majority of the surviving biological or adopted sibling or siblings of the
decedent over the age of majority, provided that, in the absence of actual
knowledge to the contrary, a funeral director or mortician may rely on
instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving
siblings;
(6)
the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and
(7)
the appropriate public or court authority, as required by law.
For
purposes of this subdivision, the appropriate public or court authority
includes the county board of the county in which the death occurred if the
person dies without apparent financial means to provide for final disposition
or the district court in the county in which the death occurred.
Sec.
41. Minnesota Statutes 2006, section
149A.80, subdivision 3, is amended to read:
Subd.
3. Estranged
persons. An estranged person
gives up their rights according to subdivision 2, clauses (1) to (6). Where there is only one person in a
degree of relationship to the decedent described in subdivision 2, clauses (1)
to (6), and a district court pursuant to subdivision 5, determines that the
person and the decedent were estranged at the time of death, the right to
control and the duty of disposition shall devolve to the person or persons in
the next degree of relationship pursuant to subdivision 2, clauses (1) to
(6). For purposes of this subdivision,
"estranged" means having a relationship characterized by mutual
enmity, hostility, or indifference.
Sec.
42. Minnesota Statutes 2006, section
149A.90, subdivision 1, is amended to read:
Subdivision
1. Death
record. (a) Except as provided in
this section, a death record must be completed and filed for every known death
by the mortician, funeral director, or other person lawfully in charge of the
final disposition of the body.
(b) If
the body is that of an individual whose identity is unknown, the person in
charge of the final disposition of the body must notify the commissioner
for purposes of compliance with section 144.05, subdivision 4.
Sec.
43. Minnesota Statutes 2006, section
149A.90, subdivision 3, is amended to read:
Subd.
3. Referrals
to coroner or medical examiner. The
mortician, funeral director, or other person lawfully in charge of the
disposition of the body shall notify the coroner or medical examiner before
moving a body from the site of death in any case:
(1)
where the person is unable to obtain firm assurance from the physician in
attendance that the medical certification will be signed;
(2)
when circumstances suggest that the death was caused by other than natural
causes;
(3) where deaths occur under
mysterious or unusual circumstances;
(4)
where there is a violent death, whether homicidal, suicidal, or accidental,
including but not limited to: thermal, chemical, electrical, or radiational
injury; and deaths due to criminal abortion, whether self-induced or not;
(5)
where the body is to be disposed of in some manner which prevents later
examination, including but not limited to, cremation, dissection, or burial at
sea; or
(6)
when the decedent was an inmate of a public institution who was not
hospitalized for organic disease. Referrals to the coroner or medical examiner are
outlined in section 390.11.
Sec.
44. Minnesota Statutes 2006, section
149A.90, subdivision 4, is amended to read:
Subd.
4. Documentation
Certificate of removal. No dead
human body shall be removed from the place of death by a mortician or funeral
director without the completion of a certificate of removal certification
and, where possible, presentation of a copy of that certification
certificate to the person or a representative of the legal entity with
physical or legal custody of the body at the death site. The certificate of removal certification
may shall be on a form in the format provided by the
commissioner or on any other form that contains, at least, the following
information:
(1)
the name of the deceased, if known;
(2)
the date and time of removal;
(3) a
brief listing of the type and condition of any personal property removed with
the body;
(4)
the location to which the body is being taken;
(5)
the name, business address, and license number of the individual making the
removal; and
(6)
the signatures of the individual making the removal and, where possible, the
individual or representative of the legal entity with physical or legal custody
of the body at the death site.
Sec.
45. Minnesota Statutes 2006, section
149A.90, subdivision 5, is amended to read:
Subd.
5. Retention
of documentation certificate of removal. A copy of the certificate of removal certification
shall be given, where possible, to the person or representative of the legal
entity having physical or legal custody of the body at the death site. The original certificate of removal certification
shall be retained by the individual making the removal and shall be kept on
file, at the funeral establishment or crematory to which the body was
taken, for a period of three calendar years following the date of the
removal. Following this period, and
subject to any other laws requiring retention of records, the funeral
establishment or crematory may then place the records in storage or
reduce them to microfilm, microfiche, laser disc, or any other method that can
produce an accurate reproduction of the original record, for retention for a
period of ten calendar years from the date of the removal of the body. At the end of this period and subject to any
other laws requiring retention of records, the funeral establishment or
crematory may destroy the records by shredding, incineration, or any other
manner that protects the privacy of the individuals identified in the records.
Sec. 46. Minnesota Statutes 2006, section 149A.90,
subdivision 6, is amended to read:
Subd.
6. Removal
procedure. Every individual
removing a dead human body from the place of death shall use universal
precautions and otherwise exercise all reasonable precautions to minimize the
risk of transmitting any communicable disease from the body. Before removal, the body shall be wrapped in
a sheet or pouch that is impervious to liquids, covered in such a manner
that the body cannot be viewed, encased in a secure pouch, and placed on
a regulation ambulance cot or on an aircraft ambulance stretcher. Any dead human body measuring 36 inches or
less in length may be removed after having been properly wrapped, covered, and
encased, but does not need to be placed on an ambulance cot or aircraft
ambulance stretcher.
Sec.
47. Minnesota Statutes 2006, section
149A.90, subdivision 7, is amended to read:
Subd.
7. Conveyances
permitted for removal. A dead human
body may be transported from the place of death by any vehicle that meets the
following standards:
(1)
promotes respect for and preserves the dignity of the dead human body;
(2)
shields the body from being viewed from outside of the conveyance;
(3)
has ample enclosed area to accommodate an ambulance cot or aircraft ambulance
stretcher in a horizontal position;
(4) is
so designed to permit loading and unloading of the body without excessive
tilting of the cot or stretcher; and
(5) if
used for the transportation of more than one dead human body at one time, the
vehicle must be designed so that a body or container does not rest directly on
top of another body or container and that each body or container is secured to
prevent the body or container from excessive movement within the
conveyance. A dead human body measuring
36 inches or less in length may be transported from the place of death by
passenger automobile. For purposes of
this subdivision, a passenger automobile is a vehicle designed and used for
carrying not more than ten persons, but excludes motorcycles and motor scooters.;
and
(6)
is designed so that the driver and the dead human body are in the same cab.
Sec.
48. Minnesota Statutes 2006, section
149A.90, subdivision 8, is amended to read:
Subd.
8. Proper
holding facility required. The
funeral establishment or crematory to which a dead human body is taken
shall have an appropriate holding facility for storing the body while awaiting
final disposition. The holding facility
must be secure from access by anyone except the authorized personnel of the
funeral establishment or crematory, preserve the dignity of the remains,
and protect the health and safety of the funeral establishment or crematory
personnel.
Sec.
49. Minnesota Statutes 2006, section
149A.91, subdivision 2, is amended to read:
Subd.
2. Preparation
procedures; access to preparation room.
The preparation of a dead human body for final disposition shall be
performed in privacy. No person shall
be permitted to be present in the preparation room while a dead human body is
being embalmed, washed, or otherwise prepared for final disposition, except:
(1)
licensed morticians or funeral directors and their authorized agents and
employees;
(2)
registered interns or students as described in subdivision 6;
(3) public officials or
representatives in the discharge of their official duties; and
(4)
licensed medical personnel; and.
(5)
members of the immediate family of the deceased, their designated
representatives, and any person receiving written authorization to be
present. The written authorization must
be dated and signed by the person with legal right to control the disposition
and must be presented to the mortician or intern or practicum student who will
be performing the procedure. The
written authorization shall become part of the required records pursuant to
subdivision 10.
Sec.
50. Minnesota Statutes 2006, section
149A.91, subdivision 3, is amended to read:
Subd.
3. Embalming
required. A dead human body must be
embalmed by a licensed mortician or registered intern or practicum student
or clinical student in the following circumstances:
(1) if
the body will be transported by public transportation;
(2) if
final disposition will not be accomplished within 72 hours after death or
release of the body by a competent authority with jurisdiction over the body or
the body will be lawfully stored for final disposition in the future, except as
provided in section 149A.94, subdivision 1;
(3) if
the body will be publicly viewed; or
(4) if
so ordered by the commissioner of health for the control of infectious disease
and the protection of the public health.
For
purposes of this subdivision, publicly viewed means reviewal of a dead human
body by anyone other than those mentioned in section 149A.80, subdivision 2,
and minor children. Refrigeration may
be used in lieu of embalming when required in clause (2). A body may not be kept in refrigeration for
a period that exceeds six calendar days from the time and release of the body
from the place of death or from the time of release from the coroner or medical
examiner.
Sec.
51. Minnesota Statutes 2006, section
149A.91, subdivision 5, is amended to read:
Subd.
5. Authorization
to embalm; required form. A written
authorization to embalm must contain the following information:
(1)
the date of the authorization;
(2)
the name of the funeral establishment that will perform the embalming;
(3)
the name, address, and relationship to the decedent of the person signing the authorization;
(4) an
acknowledgment of the circumstances where embalming is required by law under
subdivision 3;
(5) a
statement certifying that the person signing the authorization is the person
with legal right to control the disposition of the body prescribed in section
149A.80 or that person's legal designee;
(6)
the name and signature of the person requesting the authorization and
that person's relationship to the funeral establishment where the procedure
will be performed; and
(7) the signature of the person
who has the legal right to control the disposition or their legal designee.
Sec.
52. Minnesota Statutes 2006, section
149A.91, subdivision 6, is amended to read:
Subd.
6. Mortician
required. Embalming of a dead human
body shall be performed only by an individual holding a license to practice
mortuary science in Minnesota, a registered intern pursuant to section 149A.20,
subdivision 6, or a student registered for a practicum or clinical
through an accredited college or university or a college of funeral service
education accredited by the American Board of Funeral Service Education. An individual who holds a funeral director
only license issued pursuant to section 149A.40, subdivision 2, is prohibited
from engaging in the embalming of a dead human body.
Sec.
53. Minnesota Statutes 2006, section
149A.91, subdivision 10, is amended to read:
Subd.
10. Required records. Every
funeral establishment that causes a dead human body to be embalmed shall create
and maintain on its premises or other business location in Minnesota an
accurate record of every embalming performed.
The record shall include all of the following information for each
embalming:
(1)
the name of the decedent and the date of death;
(2)
the date the funeral establishment took physical custody of the body and, if
applicable, the name of the person releasing the body to the custody of the
funeral establishment;
(3)
the reason for embalming the body;
(4)
the name, address, and relationship to the decedent of the person who authorized
the embalming of the body;
(5)
the date the body was embalmed, including the time begun and the time of
completion;
(6)
the name, license number, and signature of the mortician who performed or
personally supervised the intern or student who performed the embalming;
(7)
the name, permit number, if applicable, and signature of any intern or
practicum student or clinical student that participates in the embalming
of a body, whether the intern or practicum student or clinical student
performs part or all of the embalming; and
(8)
the original written authorization to embalm and any other supporting
documentation that establishes the legal right of the funeral establishment to
physical custody of the body and to embalm the body.
Sec.
54. Minnesota Statutes 2006, section
149A.92, subdivision 2, is amended to read:
Subd.
2. Minimum
requirements; general. Every
funeral establishment must have a preparation and embalming room. The room shall be of sufficient size and
dimensions to accommodate a preparation or embalming table, an open fixture
approved flush bowl with water connections, a hand sink with water
connections, and an instrument table, cabinet, or shelves.
Sec.
55. Minnesota Statutes 2006, section
149A.92, subdivision 6, is amended to read:
Subd.
6. Minimum
requirements; equipment and supplies.
The preparation and embalming room must have a the room, the room must be
equipped with a preparation and embalming table, a functional method for
injection of fluids, preparation and
embalming table and a functional aspirator, eye wash, and quick drench
shower. The preparation and
embalming table shall have a nonporous top, preferably of rustproof metal or
porcelain, with raised edges around the top of the entire table and a drain
opening at the lower end. Where
embalmings are actually performed in an eye wash station, and sufficient supplies and
instruments for normal operation. The
preparation and embalming table shall have a nonporous top of rustproof metal
or porcelain, with raised edges around the top of the entire table and a drain
opening at the lower end. All
supplies must be stored and used in accordance with all applicable state and
federal regulations for occupational health and safety.
Sec.
56. Minnesota Statutes 2006, section
149A.93, subdivision 1, is amended to read:
Subdivision
1. Permits
required. After removal from the
place of death to any location where the body is held awaiting final
disposition, further transportation of the body shall require a transit
permit issued by a licensed mortician certificate of removal. Permits The certificate of removal
shall contain the information required on in the permit form
format as furnished by the commissioner.
Sec.
57. Minnesota Statutes 2006, section
149A.93, subdivision 2, is amended to read:
Subd.
2. Transit
permit Certificate of removal.
A transit permit certificate of removal is required when:
(1)
legal and physical custody of the body is transferred;
(2) a
body is transported by public transportation; or
(3) a
body is removed from the state.
Sec.
58. Minnesota Statutes 2006, section
149A.93, is amended by adding a subdivision to read:
Subd.
2a. Retention
of certificate of removal. A
copy of the certificate of removal shall be retained by the funeral
establishment or representative of the legal entity releasing legal and
physical custody of the body. The
original certificate of removal shall accompany the remains to the legal entity
to which custody is transferred. The
funeral establishment releasing the custody of the remains shall retain a copy
of the certificate of removal for a period of three calendar years following
the date of the transfer of custody.
Following this period, and subject to any other laws requiring retention
of records, the funeral establishment may then place the records in storage or
reduce them to microfilm, microfiche, laser disc, or any other method that can
produce an accurate reproduction of the original record, for retention for a
period of ten calendar years from the date of the removal of the body. At the end of this period and subject to any
other laws requiring retention of records, the funeral establishment may
destroy the records by shredding, incineration, or any other manner that
protects the privacy of the individuals identified in the records.
Sec.
59. Minnesota Statutes 2006, section
149A.93, subdivision 3, is amended to read:
Subd.
3. Disposition
permit. A disposition permit is
required before a body can be buried, entombed, or cremated. No disposition permit shall be issued until
a fact of death record has been completed and filed with the local or state
registrar of vital statistics.
Sec.
60. Minnesota Statutes 2006, section
149A.93, subdivision 4, is amended to read:
Subd.
4. Possession
of permit. Until the body is
delivered for final disposition, the disposition permit shall be in possession
of the person in physical or legal custody of the body, or attached to the
transportation container which holds the body.
At the place of final disposition, legal and physical custody of
the body shall pass with the filing of the disposition permit with the person
in charge of that place.
Sec.
61. Minnesota Statutes 2006, section
149A.93, subdivision 6, is amended to read:
Subd.
6. Conveyances
permitted for transportation. A
dead human body may be transported by means of public transportation provided
that the body must be properly embalmed and encased in an appropriate
container, or by any private vehicle or aircraft that meets the following
standards:
(1)
promotes respect for and preserves the dignity of the dead human body;
(2)
shields the body from being viewed from outside of the conveyance;
(3)
has ample enclosed area to accommodate a regulation ambulance cot, aircraft
ambulance stretcher, casket, alternative container, or cremation container in a
horizontal position;
(4) is
designed to permit loading and unloading of the body without excessive tilting
of the casket, alternative container, or cremation container; and
(5) if
used for the transportation of more than one dead human body at one time, the
vehicle must be designed so that a body or container does not rest directly on
top of another body or container and that each body or container is secured to
prevent the body or container from excessive movement within the conveyance.;
and
(6)
is designed so that the driver and the dead human body are in the same cab.
Sec.
62. Minnesota Statutes 2006, section
149A.93, subdivision 8, is amended to read:
Subd.
8. Who
may transport. Subject to
section 149A.09, A dead human body need not be transported under the
direct, personal supervision of a licensed mortician or funeral director. In circumstances where there is no
reasonable probability that unlicensed personnel will encounter family members
or other persons with whom funeral arrangements are normally made by licensed
morticians or funeral directors, a dead human body may be transported without
the direct, personal supervision of a licensed mortician. Any inadvertent contact with family members
or other persons as described above shall be restricted to unlicensed personnel
identifying the employer to the person encountered, offering to arrange an
appointment with the employer for any person who indicates a desire to make
funeral arrangements for the deceased, and making any disclosure to the person
that is required by state or federal regulations may be transported by
unlicensed personnel according to section 149A.90. A licensed mortician or funeral director who
directs the transport of a dead human body without providing direct,
personal supervision by unlicensed personnel shall be held strictly
accountable for compliance with this chapter.
Sec.
63. Minnesota Statutes 2006, section
149A.94, subdivision 1, is amended to read:
Subdivision
1. Generally. Every dead human body lying within the
state, except those delivered for dissection pursuant to section 525.9213,
those delivered for anatomical study pursuant to section 149A.81, subdivision
2, or lawfully carried through the state for the purpose of disposition
elsewhere; and the remains of any dead human body after dissection or
anatomical study, shall be decently buried, entombed, or cremated, within a
reasonable time after death. Where
final disposition of a body will not be accomplished within 72 hours following
death or release of the body by a competent authority with jurisdiction over
the body, the body must be properly embalmed or refrigerated. A body may not be kept in refrigeration for
a period exceeding six calendar days from the time of death or release of the
body from the coroner or medical examiner.
For purposes of this section, refrigeration is not considered a form
of preservation or disinfection and does not alter the 72-hour requirement,
except as provided in subdivision 2.
Sec.
64. Minnesota Statutes 2006, section
149A.94, subdivision 3, is amended to read:
Subd.
3. Permit
required. No dead human body shall
be buried, entombed, or cremated without a disposition permit. The disposition permit must be filed with
the person in charge of the place of final disposition. Where a dead human body will be transported
out of this state for final disposition, the body must be accompanied by a transit
permit certificate of removal.
Sec.
65. Minnesota Statutes 2006, section
149A.95, subdivision 2, is amended to read:
Subd.
2. General
requirements. Any building to be
used as a crematory must comply with all applicable local and state building
codes, zoning laws and ordinances, and environmental standards. A crematory must have, on site, a human
cremation system approved by the commissioner, a motorized mechanical
device for processing cremated remains and must have, in the building or
adjacent to it, a holding facility for the retention of dead human bodies
awaiting cremation. The holding facility
must be secure from access by anyone except the authorized personnel of the
crematory, preserve the dignity of the remains, and protect the health and
safety of the crematory personnel.
Sec.
66. Minnesota Statutes 2006, section
149A.95, subdivision 4, is amended to read:
Subd.
4. Authorization
to cremate required. No crematory
shall cremate or cause to be cremated any dead human body or identifiable
body part without receiving written authorization to do so from the person or
persons who has have the legal right to control disposition
as described in section 149A.80 or the person's legal designee. The written authorization must include:
(1)
the name of the deceased and the date of death;
(2) a
statement authorizing the crematory to cremate the body;
(3)
the name, address, relationship to the deceased, and signature of the person
or persons with legal right to control final disposition or a legal
designee;
(4)
certification that the body does not contain any implanted mechanical or
radioactive device, such as a heart pacemaker, that may create a hazard when
placed in the cremation chamber;
(5)
authorization to remove the body from the container in which it was delivered,
if that container is not appropriate for cremation, and to place the body in an
appropriate cremation container and directions for the disposition of the
original container;
(6)
authorization to open the cremation chamber and reposition the body to
facilitate a thorough cremation and to remove from the cremation chamber and
separate from the cremated remains, any noncombustible materials or items;
(7)
directions for the disposition of any noncombustible materials or items
recovered from the cremation chamber;
(8)
acknowledgment that the cremated remains will be mechanically reduced to a
granulated appearance and placed in an appropriate container and authorization
to place any cremated remains that a selected urn or container will not
accommodate into a temporary container;
(9)
acknowledgment that, even with the exercise of reasonable care, it is not
possible to recover all particles of the cremated remains and that some
particles may inadvertently become commingled with disintegrated chamber
material and particles of other cremated remains that remain in the cremation
chamber or other mechanical devices used to process the cremated remains; and
(10)
directions for the ultimate disposition of the cremated remains.
Sec.
67. Minnesota Statutes 2006, section
149A.95, subdivision 6, is amended to read:
Subd.
6. Acceptance
of delivery of body. No dead human
body shall be accepted for final disposition by cremation unless encased
in an appropriate cremation container or casket, wrapped in an
impermeable sheet or pouch of five millimeters or more thickness,
accompanied by a disposition permit issued pursuant to section 149A.93,
subdivision 3, including a photocopy of the completed death record or a signed
release authorizing cremation of the body received from the coroner or medical
examiner, and accompanied by a cremation authorization that complies with
subdivision 4. A crematory may
shall refuse to accept delivery of a cremation container where there is:
(1)
evidence of leakage of fluids from the body cremation container;
(2) a
known dispute concerning cremation of the body delivered;
(3) a
reasonable basis for questioning any of the representations made on the written
authorization to cremate; or
(4)
any other lawful reason.
Sec.
68. Minnesota Statutes 2006, section
149A.95, is amended by adding a subdivision to read:
Subd.
6a. Bodies
awaiting cremation. A dead
human body must be cremated within 24 hours of the crematory accepting legal
and physical custody of the body.
Sec.
69. Minnesota Statutes 2006, section
149A.95, subdivision 7, is amended to read:
Subd.
7. Handling
of cremation containers for dead human bodies. All crematory employees handling
cremation containers for dead human bodies shall use universal precautions
and otherwise exercise all reasonable precautions to minimize the risk of
transmitting any communicable disease from the body. No dead human body shall be removed from the container in which
it is delivered to the crematory without express written authorization of the
person or persons with legal right to control the disposition and
only by a licensed mortician. If,
after accepting delivery of a body for cremation, it is discovered that the
body contains an implanted mechanical or radioactive device, that device must
be removed from the body by a licensed mortician or physician prior to
cremation.
Sec.
70. Minnesota Statutes 2006, section
149A.95, subdivision 9, is amended to read:
Subd.
9. Cremation
chamber for human remains. A
licensed crematory shall knowingly cremate only dead human bodies or human
remains in a cremation chamber, along with the cremation container or casket
and a the sheet or pouch used for disease control.
Sec.
71. Minnesota Statutes 2006, section
149A.95, subdivision 13, is amended to read:
Subd.
13. Cremation procedures; commingling of cremated remains prohibited. Except with the express written permission
of the person with legal right to control the final disposition or
otherwise provided by law, no crematory shall mechanically process the cremated
human remains of more than one body at a time in the same mechanical processor,
or introduce the cremated human remains of a second body into a mechanical
processor until processing of any preceding cremated human remains has been
terminated and reasonable efforts have been employed to remove all fragments of
the preceding cremated remains. The
fact that there is incidental and unavoidable residue in the mechanical
processor or any container used in a prior cremation is not a violation of this
provision.
Sec.
72. Minnesota Statutes 2006, section
149A.95, subdivision 14, is amended to read:
Subd.
14. Cremation procedures; processing cremated remains. The cremated human remains shall be reduced
by a motorized mechanical device to a granulated appearance appropriate for
final disposition and placed in a cremated remains container along with the
appropriate identifying disk, tab, or permanent label.
Sec.
73. Minnesota Statutes 2006, section
149A.95, subdivision 15, is amended to read:
Subd.
15. Cremation procedures; container of insufficient capacity. If a cremated remains container is of
insufficient capacity to accommodate all cremated remains of a given dead human
body, subject to directives provided in the written authorization to cremate,
the crematory shall place the excess cremated remains in a secondary cremated remains
container and attach the second container, in a manner so as not to be easily
detached through incidental contact, to the primary cremated remains
container. The secondary container
shall contain a duplicate of the identification disk, tab, or permanent
label that was placed in the primary container and all paperwork regarding the
given body shall include a notation that the cremated remains were placed in
two containers.
Sec.
74. Minnesota Statutes 2006, section
149A.95, subdivision 20, is amended to read:
Subd.
20. Required records. Every
crematory shall create and maintain on its premises or other business location
in Minnesota an accurate record of every cremation provided. The record shall include all of the
following information for each cremation:
(1)
the name of the person or funeral establishment delivering the body for
cremation;
(2)
the name of the deceased and the identification number assigned to the body;
(3)
the date of acceptance of delivery;
(4)
the names of the cremation chamber and mechanical processor operator;
(5)
the time and date that the body was placed in and removed from the cremation
chamber;
(6)
the time and date that processing and inurnment of the cremated remains was
completed;
(7)
the time, date, and manner of release of the cremated remains;
(8)
the name and address of the person who signed the authorization to cremate; and
(9)
all supporting documentation, including any transit or disposition permits, a
photocopy of the death record, and the authorization to cremate.; and
(10)
the type of cremation container.
Sec.
75. Minnesota Statutes 2006, section
149A.96, subdivision 1, is amended to read:
Subdivision
1. Written
authorization. Except as provided
in this section, no dead human body or human remains shall be disinterred and
reinterred without the written authorization of the person or persons legally
entitled to control the body or remains and a disinterment-reinterment permit
properly issued by the state registrar commissioner or a licensed
mortician. Permits shall contain the
information required on the permit form as furnished by the commissioner.
Sec. 76. REPEALER.
Minnesota
Statutes 2006, sections 149A.93, subdivision 9; and 149A.94, subdivision 2, are
repealed."
The motion prevailed and the amendment was adopted.
Liebling moved to amend S.
F. No. 802, the second engrossment, as amended, as follows:
Page 3, line 11, delete
"rigid"
Page 3, line 27, delete
"rigid"
Page 18, line 5, delete
"rigid"
The motion prevailed and the amendment was adopted.
S. F. No. 802, A bill for
an act relating to health; mortuary science; changing provisions dealing with
mortuary science; amending Minnesota Statutes 2006, sections 149A.01,
subdivisions 2, 3; 149A.02, subdivisions 2, 8, 11, 12, 13, 16, 33, 34, by
adding subdivisions; 149A.03; 149A.20, subdivisions 1, 4, 6; 149A.40,
subdivision 11; 149A.45, by adding subdivisions; 149A.50, subdivisions 2, 4;
149A.52, subdivision 4, by adding a subdivision; 149A.53, by adding a
subdivision; 149A.63; 149A.70, subdivisions 1, 3, 5, 5a, 6, 7, 8, 9; 149A.71,
subdivisions 2, 4; 149A.72, subdivision 4; 149A.74, subdivision 1; 149A.80,
subdivisions 2, 3; 149A.90, subdivisions 1, 3, 4, 5, 6, 7, 8; 149A.91,
subdivisions 2, 3, 5, 6, 10; 149A.92, subdivisions 2, 6; 149A.93, subdivisions
1, 2, 3, 4, 6, 8, by adding a subdivision; 149A.94, subdivisions 1, 3; 149A.95,
subdivisions 2, 4, 6, 7, 9, 13, 14, 15, 20, by adding a subdivision; 149A.96,
subdivision 1; repealing Minnesota Statutes 2006, sections 149A.93, subdivision
9; 149A.94, subdivision 2.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 130 yeas and 1
nay as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Finstad
The bill was passed, as amended, and its
title agreed to.
S. F. No. 493 was reported to the House.
Lesch moved to amend S. F. No. 493, the second
engrossment, as follows:
Delete everything after the enacting clause and insert the
following language of H. F. No. 49, as introduced:
"Section 1. [617.91]
DEFINITIONS.
Subdivision 1. General. The definitions in this section apply to
sections 617.91 to 617.97.
Subd. 2. Continuously or
regularly. "Continuously
or regularly" means at least five times in a period of not more than 12
months.
Subd. 3. Criminal gang. "Criminal gang" has the meaning
given in section 609.229.
Subd. 4. Gang activity. "Gang activity" means the
commission of one or more of the offenses listed in section 609.11, subdivision 9; criminal damage to
property in the first or second degree under section 609.595, subdivision 1
or 1a; trespass under section 609.605; or disorderly conduct under section
609.72.
Sec. 2. [617.92]
PUBLIC NUISANCE.
Subdivision 1. Gang activities. A criminal gang that continuously or
regularly engages in gang activities is a public nuisance.
Subd. 2. Use of place. The habitual use of a place by a criminal
gang for engaging in gang activity is a public nuisance.
Sec. 3. [617.93]
SUIT TO ABATE NUISANCE.
(a) A county or city
attorney, the attorney general, or a resident of the state may sue to enjoin a
public nuisance under sections 617.91 to 617.97.
(b) A person who habitually
associates with others to engage in the gang activity as a member of the
criminal gang may be made a defendant in the suit. A person who owns or is responsible for maintaining a place that
is habitually used for engaging in gang activity may be made a defendant in the
suit.
Sec. 4. [617.94]
COURT ORDER.
(a)
If the court finds that a criminal gang constitutes a public nuisance, the
court may enter a temporary or permanent order:
(1)
enjoining a defendant in the suit from engaging in the gang activities; and
(2)
imposing other reasonable requirements to prevent the gang from engaging in
future gang activities.
(b)
"Reasonable requirements" as specified in paragraph (a), clause (2),
means any injunctive limitation on gang behavior and social interaction that
reduces opportunity for gang activity.
The court in imposing reasonable requirements must balance state
interest in public safety against constitutional first amendment freedom of
association requirements.
(c)
If the court finds that a place is habitually used in a manner that constitutes
a public nuisance, the court may include in its order reasonable requirements
to prevent the use of the place for gang activity.
Sec.
5. [617.95]
VIOLATION OF COURT ORDER.
A
person who violates a temporary or permanent injunctive order under section
617.94 is subject to the following sentences for civil contempt:
(1)
a fine of not less than $1,000 nor more than $10,000;
(2)
confinement in jail for a term of not less than ten nor more than 30 days; or
(3)
both a fine and confinement.
Sec.
6. [617.96]
ATTORNEY FEES.
In
an action brought under sections 617.91 to 617.97, the court may award a
prevailing party reasonable attorney fees and costs.
Sec.
7. [617.97]
USE OF PLACE; EVIDENCE.
In
an action brought under sections 617.91 to 617.97, proof that gang activity by
a member of a criminal gang is frequently committed at a place or proof that a
place is frequently used for engaging in gang activity by a member of a
criminal gang is prima facie evidence that the person who owns or is
responsible for maintaining the place knowingly permitted the act."
The motion prevailed and the amendment was adopted.
S. F. No. 493, A bill for an act relating to public nuisances;
providing that certain criminal gang behavior is a public nuisance; authorizing
injunctive relief and other remedies; proposing coding for new law in Minnesota
Statutes, chapter 617.
The bill was read for the third time, as amended, and placed
upon its final passage.
The question was taken on the passage of the bill and the roll
was called. There were 120 yeas and 11
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Johnson
Juhnke
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Buesgens
DeLaForest
Hoppe
Huntley
Jaros
Kahn
Murphy, M.
Olson
Rukavina
Walker
Westrom
The bill was passed, as amended, and its title agreed to.
S. F. No. 646, A bill for an act relating to education;
prohibiting electronic and Internet intimidation and bullying; amending
Minnesota Statutes 2006, section 121A.0695.
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 96 yeas and 35
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
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
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, S.
Beard
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Kohls
Lanning
Magnus
McFarlane
Nornes
Olson
Paulsen
Peppin
Ruth
Seifert
Severson
Shimanski
Simpson
Sviggum
Westrom
Wollschlager
The bill was passed and its title agreed to.
Sertich moved that the House recess subject to the call of the
Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
Demmer was excused for the remainder of today's session.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted by
the Senate to the following House File:
H. F.
No. 532, A bill for an act relating to consumer protection; regulating certain
contracts entered into by military service personnel; authorizing
cancellations; requiring utilities to establish payment arrangements for
military service personnel; proposing coding for new law in Minnesota Statutes,
chapters 190; 325E; 325G.
The
Senate has appointed as such committee:
Senators
Erickson Ropes, Kubly and Koering.
Said
House File is herewith returned to the House.
Patrice Dworak, First Assistant Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
H. F. No. 829, A bill for an act relating to state government;
appropriating money for public safety and corrections initiatives, courts,
public defenders, tax court, Uniform Laws Commission and Board on Judicial
Standards; providing certain general criminal and sentencing provisions;
regulating DWI and driving provisions; modifying or establishing various
provisions relating to public safety; providing for residency documentation;
regulating corrections, the courts, and emergency communications; regulating
scrap metal dealers; modifying certain law enforcement, insurance, human
services, and public defense provisions; providing immunity from certain civil
liability; establishing reduced ignition propensity standards for cigarettes;
providing conditional repeals of certain laws; providing penalties; amending
Minnesota Statutes 2006, sections 2.722, subdivision 1; 3.732, subdivision 1;
3.736, subdivision 1; 13.87, subdivision 1; 15A.083, subdivision 4; 16A.72;
16B.181, subdivision 2; 16C.23, subdivision 2; 168.012, subdivision 1; 169.13,
by adding a subdivision; 169.471, subdivision 2; 169A.275, by adding a
subdivision; 169A.51, subdivision 7; 171.09, subdivision 1; 171.12, by adding a
subdivision; 171.55; 241.016, subdivision 1; 241.018; 241.27, subdivisions 1,
2, 3, 4; 241.278; 241.69, subdivisions 3, 4; 243.167, subdivision 1; 243.55,
subdivision 1; 244.05, by adding a subdivision; 245.041; 253B.09, subdivision
3a; 260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130,
subdivision 1; 260B.141, subdivision 4; 260B.198, subdivision 6; 260C.193,
subdivision 6; 270A.03, subdivision 5; 299A.641, subdivision 2; 299C.65,
subdivisions 2, 5; 302A.781, by adding a subdivision; 325E.21; 352D.02,
subdivision 1; 363A.06, subdivision 1; 383A.08, subdivisions 6, 7; 401.15,
subdivision 1; 403.07, subdivision 4; 403.11, subdivision 1, by adding
subdivisions; 403.31, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361,
subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 518B.01,
subdivisions 6a, 22; 548.091, subdivision 1a; 549.09, subdivision 1; 563.01, by
adding a subdivision; 590.05; 595.02, subdivision 1; 609.02, subdivision 16;
609.055; 609.135, subdivision 8, by adding a subdivision; 609.15, subdivision
1; 609.21, subdivisions 1, 4a, 5, by adding subdivisions; 609.221, subdivision
2; 609.2232; 609.341, subdivision 11; 609.344, subdivision 1; 609.345,
subdivision 1; 609.3451, subdivision 3; 609.3455, subdivision 4, by adding a
subdivision; 609.352; 609.505, subdivision 2; 609.581, by adding subdivisions;
609.582, subdivision 2; 609.595, subdivisions 1, 2; 609.748, subdivisions 1, 5;
609.75, subdivision 8, by adding subdivisions; 611.14; 611.20, subdivision 6;
611.215, subdivisions 1, 1a; 611.23; 611.24; 611.25, subdivision 1; 611.26,
subdivisions 2, 7; 611.27, subdivisions 3, 13, 15; 611.35; 611A.036, subdivisions
2, 7; 611A.675, subdivisions 1, 2, 3, 4, by adding a subdivision; 626.5572,
subdivision 21; 634.15, subdivisions 1, 2; 641.05; 641.15, by adding a
subdivision; 641.265, subdivision 2; Laws 2001, First Special Session chapter
8, article 4, section 4; Laws 2003, First Special Session chapter 2, article 1,
section 2; proposing coding for new law in Minnesota Statutes, chapters 72A;
171; 241; 299A; 299F; 357; 484; 504B; 540; 604; 609; 611A; repealing Minnesota
Statutes 2006, sections 169.796, subdivision 3; 241.021, subdivision 5; 241.85,
subdivision 2; 260B.173; 403.31, subdivision 6; 480.175, subdivision 3; 609.21,
subdivisions 2, 2a, 2b, 3, 4; 609.805; 611.20, subdivision 5; Laws 2005, First
Special Session chapter 6, article 3, section 91.
The
Senate has repassed said bill in accordance with the recommendation and report
of the Conference Committee. Said House
File is herewith returned to the House.
Patrice Dworak, First Assistant Secretary of the Senate
Madam
Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2089.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First Assistant Secretary of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. No. 2089
A bill for an act relating to state government; appropriating
money for jobs and economic development purposes; establishing and modifying
certain programs; regulating certain activities and practices; providing for
accounts, assessments, and fees; modifying provisions governing contractors;
requiring studies; amending Minnesota Statutes 2006, sections 13.712, by adding
a subdivision; 13.7905, by adding a subdivision; 16B.61, subdivision 1a;
16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 80A.28, subdivision 1;
116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision 1;
116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.17, subdivision 1;
116L.20, subdivision 1; 116M.18, subdivision 6a; 177.27, subdivisions 1, 4;
268A.01, subdivision 13, by adding a subdivision; 268A.085, subdivision 1;
268A.15, by adding a subdivision; 298.22, subdivision 2; 298.227; 326.242,
subdivision 8, by adding a subdivision; 326.2441; 326.37, subdivision 1;
326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.42, subdivision 1;
326.46; 326.461, by adding a subdivision; 326.47, subdivisions 2, 6; 326.48,
subdivisions 1, 2; 326.50; 326.51; 326.52; 326.975, subdivision 1; 326.992;
327.33, subdivisions 2, 6; 327B.04, subdivision 7; 462A.21, subdivision 8b;
462A.33, subdivision 3; 471.471, subdivision 4; proposing coding for new law in
Minnesota Statutes, chapters 177; 181; 182; 326; proposing coding for new law
as Minnesota Statutes, chapters 59C; 326B; repealing Minnesota Statutes 2006,
sections 16B.747, subdivision 4; 16C.18, subdivision 2; 181.722; 183.375,
subdivision 5; 183.545, subdivision 9; 326.241; 326.44; 326.52; 326.64;
326.975.
May 3,
2007
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of Representatives
We, the undersigned
conferees for S. F. No. 2089 report that we have agreed upon the items in
dispute and recommend as follows:
That the House recede from
its amendments and that S. F. No. 2089 be further amended as follows:
Delete everything after the
enacting clause and insert:
"ARTICLE 1
JOBS, ECONOMIC DEVELOPMENT,
HOUSING AND
MINNESOTA HERITAGE
APPROPRIATIONS SUMMARY
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this act.
2008 2009 Total
General $221,903,000 $147,158,000 $369,061,000
Workforce Development 16,259,000 16,274,000
32,533,000
Remediation 700,000
700,000 1,400,000
Workers' Compensation 22,736,000 23,074,000 45,810,000
Total $261,598,000 $187,206,000 $448,804,000
Sec. 2. JOBS AND ECONOMIC DEVELOPMENT
APPROPRIATIONS.
The sums shown in the columns marked "Appropriations"
are appropriated to the agencies and for the purposes specified in this
act. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this act mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2008, or June 30, 2009, respectively.
"The first year" is fiscal year 2008. "The second year" is fiscal year
2009. "The biennium" is fiscal
years 2008 and 2009. Appropriations for
the fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. EMPLOYMENT
AND ECONOMIC DEVELOPMENT
Subdivision 1. Total Appropriation $110,772,000 $63,656,000
Appropriations by
Fund
2008 2009
General 94,577,000 47,461,000
Remediation 700,000 700,000
Workforce
Development 15,495,000 15,495,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Business
and Community Development 57,389,000 10,431,000
Appropriations by
Fund
General 56,689,000 9,731,000
Remediation 700,000 700,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(a) (1) $1,250,000 the first
year and $250,000 the second year are from the general fund for a grant under
Minnesota Statutes, section 116J.421, to the Rural Policy and Development
Center at St. Peter, Minnesota. The
grant shall be used for research and policy analysis on emerging economic and
social issues in rural Minnesota, to serve as a policy resource center for
rural Minnesota communities, to encourage collaboration across higher education
institutions to provide interdisciplinary team approaches to research and
problem-solving in rural communities, and to administer overall operations of
the center.
(2) The grant shall be
provided upon the condition that each state-appropriated dollar be matched with
a nonstate dollar. Acceptable matching
funds are nonstate contributions that the center has received and have not been
used to match previous state grants.
Any unencumbered balance in the first year is available for the second
year.
(3) Of the amount
appropriated in the first year, $1,000,000 is for deposit in the rural policy
and development center fund under section 116J.422 as an endowment for the
center. This is a onetime appropriation
and is available until expended. This
endowment is not subject to the match requirements under paragraph (2).
(b) $250,000 the first year
and $250,000 the second year are from the general fund for a grant to
WomenVenture for women's business development programs.
(c) $500,000 the first year
is for a grant to University Enterprise Laboratories (UEL) for its direct and
indirect expenses to support efforts to encourage the growth of early-stage and
emerging bioscience companies. UEL must
provide a report by June 30 each year to the commissioner on the expenditures
until the appropriation is expended.
This is a onetime appropriation and is available until expended.
(d) $1,650,000 the first
year is for grants under Minnesota Statutes, section 116J.571, for the
redevelopment grant program. This is a
onetime appropriation.
(e) $100,000 the first year
and $100,000 the second year are to help small businesses access federal funds
through the federal Small Business Innovation Research Program and the federal
Small Business Technology Transfer Program.
Department services must include
maintaining connections to 11 federal
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
programs, assessment of
specific funding opportunities, review of funding proposals, referral to
specific consulting services, and training workshops throughout the state. Unless prohibited by federal law, the
department must implement fees for services that help companies seek federal
Phase II Small Business Innovation Research grants. The recommended fee schedule must be reported to the chairs of
the house of representatives finance committee and senate budget division with
jurisdiction over economic development by February 1, 2008.
(f) $100,000 the first year
and $100,000 the second year are appropriated to the Public Facilities
Authority for the small community wastewater treatment program under Minnesota
Statutes, chapter 446A.
(g) $410,000 the first year
and $155,000 the second year are from the general fund for a grant to the
Metropolitan Economic Development Association for continuing minority business
development programs in the metropolitan area.
(h) $85,000 the first year
and $85,000 the second year are for grants to the Minnesota Inventors
Congress. Of this amount, $10,000 each
year is for the Student Inventors Congress.
(i) $151,000 the first year
is for a onetime grant to the city of Faribault to design, construct, furnish,
and equip renovations to accommodate handicapped accessibility at the Paradise
Center for the Arts.
(j)
$1,000,000 each year is to Minnesota Technology, Inc. for the small
business growth acceleration program established under Minnesota
Statutes, section 116O.115. This is a
onetime appropriation.
(k) $300,000 the first year
is for a onetime grant to the city of Northome for the construction of a new
municipal building to replace the structures damaged by fire on July 22,
2006. This appropriation is available
when the commissioner determines that a sufficient match is available from
nonstate sources to complete the project.
(l) $250,000 the first year
and $250,000 the second year are for a technology and commercialization unit
established in this act. This is a
onetime appropriation and is available until expended.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(m) $300,000 the first year
is for a grant to the city of Worthington for an agricultural-based bioscience
training and testing center. Funds
appropriated under this section must be used to provide a training and testing
facility for incubator firms developing new agricultural
processes and products. This is a
onetime appropriation and is available until expended.
(n) $2,000,000 the first
year is for a onetime grant to BioBusiness Alliance of Minnesota for bioscience
business development programs to promote and position the state as a global
leader in bioscience business activities.
These funds may be used for:
(1) completion and periodic
updating of a statewide bioscience business industry assessment of business
technology enterprises and Minnesota's competitive position employing annual
updates to federal industry classification data;
(2) long-term strategic
planning that includes projections of market changes resulting from
developments in biotechnology and the development of 20-year goals, strategies,
and identified objectives for renewable energy, medical devices, biopharma, and
biologics business development in Minnesota;
(3) the design and
construction of a Minnesota focused bioscience business model to test competing
strategies and scenarios, evaluate options, and forecast outcomes; and
(4) creation of a bioscience
business resources network that includes development of a statewide bioscience
business economic development framework to encourage bioscience business
development and encourage spin-off activities, attract bioscience business
location or expansion in Minnesota, and establish a local capability to support
strategic system level planning for industry, government, and academia.
This appropriation is
available until June 30, 2009.
(o) $325,000 is for a grant
to the Walker Area Community Center, Inc., to construct, furnish, and equip the
Walker Area Community Center. This
appropriation is not available until the commissioner has determined that an
amount sufficient to complete the project has been committed from nonstate
sources. This is a onetime
appropriation and is available until expended.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(p) $100,000 the first year
is for a grant to the Pine Island Economic Development Authority for predesign
to upgrade and extend utilities to serve Elk Run Bioscience Research Park and
The Falls - Healthy Living By Nature, an integrated medicine facility. This is a onetime appropriation and is
available until expended.
(q) $350,000 the first year
is for a grant to Thomson Township for infrastructure improvements for the
industrial park. This is a onetime
appropriation and is available until expended.
(r) $75,000 the first year
is for a grant to Le Sueur County for the cost of cleaning up debris from lakes
in Le Sueur County, caused by the August 24, 2006, tornado in southern Le Sueur
County. This is a onetime appropriation
and is available until expended.
(s) $75,000 the first year
is for a grant to the city of Warroad for new public facilities to replace those
damaged or destroyed by the August 2006 tornado, including approximately 28 new
street lights and underground electrical circuits and a new fish cleaning
house. This is a onetime appropriation
and is available until expended.
(t) $500,000 the first year
is for a grant to the Upper Sioux Community to improve the current water system
to ensure continuity of service to the entire population of the community and
to meet the demands of the community expansion over the next 20 years. The is a onetime appropriation and is not
available until the Public Facilities Authority has determined that at least
$1,000,000 has been committed from nonstate sources. This appropriation is available until expended.
(u) $1,500,000 the second
year is for bioscience business development and commercialization grants. The commissioner shall designate an
evaluation team to accept grant applications, review and evaluate grant
proposals, and select up to five grant proposals to receive funding each
year. The evaluation team shall be
comprised of not more than 12 members including: the commissioner or the commissioner's designee; representatives
of bioscience businesses; public and private institutions of higher education;
private investment companies; a nonprofit entity that qualifies as a 501(c)6
under the Internal Revenue Code and is a trade association representing the
life sciences industry; and a bio business alliance that qualifies as a 501(c)3
under the Internal Revenue Code. The criteria
used by the evaluation team in evaluating grant proposals must include, but is
not limited to: the potential to create
and sustain jobs within the state of Minnesota; the potential for long-term business activity, growth, and
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
expansion in Minnesota; the
level of technological maturity; the potential to attract private investment;
and the availability and readiness of markets.
The commissioner must report to the standing committees of the house of
representatives and the senate having jurisdiction over bioscience and
technology issues by February 1 each year on the number, type, and amounts of
grants awarded and the activities of the grant recipients. This is a onetime appropriation and is
available until expended.
All data contained in a
grant application and evaluations of a grant application are classified as
nonpublic data, as defined in section 13.02, subdivision 9, or private data on
individuals, as defined in section 13.02, subdivision 12. The grant applicant's name, address, and
amount requested are classified as public data. When a grant is approved, the commissioner shall release the
following in a manner that does not disclose the nonpublic or private data: a description of the problem presented by
the applicant, how the applicant proposes to resolve the problem, and for what
the grant will be used.
The commissioner may share
nonpublic or private data contained in a grant application with the grant
evaluation team and outside experts consulted by the grant evaluation
team. Prior to sharing the data, the
commissioner must obtain a signed nondisclosure agreement from each member of
the grant evaluation team and any outside expert providing consultation to the
team. The nondisclosure agreement must
prohibit the use or dissemination of any of the nonpublic or private data
outside of the grant evaluation process.
The grant evaluation team
and any outside experts consulted by the grant evaluation team are subject to
the penalties and remedies provided in sections 13.08 and 13.09.
(v) $755,000 the first year
is for the urban challenge grant program under Minnesota Statutes, section
116M.18. This is a onetime
appropriation.
(w) $1,200,000 is for a
grant to the Neighborhood Development Center for assistance necessary to retain
minority business enterprises at the Global Market. This is a onetime appropriation and is available until expended.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(x) $300,000 the first year
is to develop and operate a bioscience business marketing program to market
Minneota bioscience businesses and business opportunities to other states and
other countries. The bioscience
business marketing program must emphasize bioscience business location and
expansion opportunities in communities outside of the seven-county metropolitan
area as defined in Minnesota Statutes, section 473.121, subdivision 2, that
have established collaborative plans among two or more municipal units for
bioscience business activities, and that are within 15 miles of a four-year,
baccalaureate degree granting institution or a two-year technical or community
college that offers bioscience curricula.
The commissioner must report to the committees of the senate and house
of representatives having jurisdiction over bioscience and technology issues by
February 1 of each year on the expenditures of these funds and the promotional
activities undertaken to market the Minnesota bioscience industry to persons
outside of the state. This is a onetime
appropriation and is available until expended.
(y) $250,000 the first year
is for the purposes of the nanotechnology development fund program (NDF)
established in article 8, section 8.
This is a onetime appropriation.
(z) $50,000 the first year
is for a contract with a public higher education institution in Minnesota
jointly entered into with the Center for Rural Development to study the needs
of the renewable energy economy for trained employees and the training required
for those employees. The study must
include extensive consultation and involvement of representatives of the
renewable energy industry, environmental interests, labor, the University of
Minnesota, and the Minnesota State Colleges and Universities. The commissioner shall report the results of
the study to the chairs of the finance divisions of the legislature with
jurisdiction over economic development, energy, and higher education by
November 1, 2007. This is a onetime
appropriation.
(aa) $700,000 the first year
is for a onetime grant to the city of Inver Grove Heights to reduce debt on the
Inver Grove Heights Veterans Memorial Community Center.
(bb) $31,350,000 the first
year is for the Minnesota minerals 21st century fund created in Minnesota
Statutes, section 116J.423, to partially restore the money unallotted by the
commissioner of finance in 2003 pursuant to Minnesota Statutes, section
16A.152. This appropriation may be used
as provided in Minnesota Statutes, section 116J.423, subdivision 2. This appropriation is available until expended.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(cc) $5,400,000 the first
year is for a grant to the city of St. Paul to be used to pay, redeem, or
refund debt service costs incurred for the River Centre Campus.
(dd) $189,000 each year is
appropriated from the general fund to the commissioner of employment and
economic development for grants of $63,000 to eligible organizations each year
and for the purposes of this paragraph.
Each state grant dollar must be matched with $1 of nonstate funds. Any balance in the first year does not
cancel but is available in the second year.
The commissioner of
employment and economic development must make grants to organizations to assist
in the development of entrepreneurs and small businesses. Three grants must be awarded to continue or
to develop a program. One grant must be
awarded to the Riverbend Center for Entrepreneurial Facilitation in Blue Earth
County, and two to other organizations serving Faribault and Martin
Counties. Grant recipients must report
to the commissioner by February 1 of each year that the organization receives a
grant with the number of customers served; the number of businesses started,
stabilized, or expanded; the number of jobs created and retained; and business
success rates. The commissioner must
report to the house of representatives and senate committees with jurisdiction
over economic development finance on the effectiveness of these programs for
assisting in the development of entrepreneurs and small businesses.
Subd. 3. Workforce
Development 50,374,000 50,183,000
Appropriations by
Fund
General 34,879,000 34,688,000
Workforce
Development 15,495,000 15,495,000
(a) $6,785,000 the first
year and $6,785,000 the second year are from the general fund for the Minnesota
job skills partnership program under Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for
either year is insufficient, the appropriation for the other year is available
for it. This appropriation does not cancel.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) $455,000 the first year
and $455,000 the second year are from the general fund for a grant under
Minnesota Statutes, section 116J.8747, to Twin Cities RISE! to provide training
to hard-to-train individuals.
(c) $1,375,000 each year is
from the workforce development fund for Opportunities Industrialization Center
programs.
(d) $5,614,000 each year is
from the general fund and $6,920,000 each year is from the workforce development
fund for extended employment services for persons with severe disabilities or
related conditions under Minnesota Statutes, section 268A.15. Of this, $125,000 each year and in the base
for fiscal years 2010 and 2011 is to supplement funds paid for wage incentives
for the community support fund established in Minnesota Rules, part 3300.2045.
(e) $1,650,000 the first
year and $1,650,000 the second year are from the general fund for grants for
programs that provide employment support services to persons with mental
illness under Minnesota Statutes, sections 268A.13 and 268A.14. Up to $77,000 each year may be used for
administrative and salary expenses.
(f) $2,440,000 the first
year and $2,440,000 the second year are from the general fund for grants under
Minnesota Statutes, section 268A.11, for the eight centers for independent
living. Money not expended the first
year is available the second year.
The commissioner must:
(1) transfer $115,000 of
federal independent living Part B rehabilitation services funds to the
Minnesota Centers for Independent Living each year contingent upon the
availability of federal funds under Title VII, Part B, of the Federal
Rehabilitation Act of 1973 as amended under United States Code, title 29,
section 711(c), and approved by the Statewide Independent Living Council;
(2) replace federal Part B
funds in the State Independent Living Council budget transferred under clause
(1) with $115,000 of Social Security Administration program income funds each
year; and
(3) provide an additional
$185,000 each year from the Social Security Administration program income to
the Minnesota Centers for Independent Living to be allocated equally among the
eight centers.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Additional funding for
centers for independent living under clauses (1) and (3) must be used for core
independent living services by the Centers for Independent Living. The Statewide Independent Living Council
framework for statewide distribution of state and federal funding to the
Minnesota Centers for Independent Living does not apply to the funds under
clauses (1) and (3). The commissioner
must report on the transfers in clauses (1), (2), and (3), and any other effort
to pursue additional funding for the Centers for Independent Living to the
standing committees of the senate and house of representatives having
jurisdiction over Centers for Independent Living by March 15 each year.
(g) $5,940,000 the first
year and $5,940,000 the second year are from the general fund for state
services for the blind activities.
(h) $150,000 the first year
and $150,000 the second year are from the general fund and $175,000 the first
year and $175,000 the second year are from the workforce development fund for
grants under Minnesota Statutes, section 268A.03, to Rise, Inc. for the
Minnesota Employment Center for People Who are Deaf or Hard-of-Hearing. Money not expended the first year is
available the second year.
(i) $9,021,000 the first
year and $9,021,000 the second year are from the general fund for the state's
vocational rehabilitation program for people with significant disabilities to
assist with employment, under Minnesota Statutes, chapter 268A.
(j) $350,000 the first year
and $350,000 the second year are from the workforce development fund for grants
to provide interpreters for a regional transition program that specializes in
providing culturally appropriate transition services leading to employment for
deaf, hard-of-hearing, and deaf-blind students. This amount must be added to the department's base.
(k) $150,000 the first year
and $150,000 the second year are for a grant to Advocating Change Together for
training, technical assistance, and resources materials to persons with
developmental and mental illness disabilities.
(l) $250,000 the first year
and $250,000 the second year are from the workforce development fund and
$150,000 the first year and $100,000 the second year are from the general fund
for a grant to Lifetrack Resources for its immigrant and refugee collaborative
programs, including those related to job-seeking skills and workplace
orientation, intensive job development, functional work English, and on-site
job coaching. $50,000 of the first year general fund appropriation is for a
onetime pilot Lifetrack project in Rochester.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(m) $1,250,000 the first
year and $1,250,000 the second year are from the general fund for the
youthbuild program under Minnesota Statutes, sections 116L.361 to
116L.366. This appropriation may be
used for:
(1) restoring the three
youthbuild programs that were eliminated due to budget reductions and adding
seven more youthbuild programs statewide;
(2) restoring funding levels
for all youthbuild programs plus an inflationary increase for each program;
(3) increasing the number of
at-risk youth served by the youthbuild programs from 260 youth per year to 500
youth per year; and
(4) restoring the youthbuild
focus on careers in technology and adding a youthbuild focus on careers in the
medical field.
(n) $1,325,000 each year is
from the workforce development fund for grants to fund summer youth employment
in Minneapolis. The grants shall be
used to fund up to 500 jobs for youth each summer. Of this appropriation, $325,000 each year is for a grant to the
learn-to-earn summer youth employment program.
The commissioner shall establish criteria for awarding the grants. This appropriation is available in either
year of the biennium and is available until spent.
(o) $600,000 the first year
and $600,000 the second year are from the workforce development fund for a
grant to the city of St. Paul for grants to fund summer youth employment in St.
Paul. The grants shall be used to fund
up to 500 jobs for youth each summer.
The commissioner shall establish criteria for awarding the grants within
the city of St. Paul. This
appropriation is available in either year of the biennium and is available
until spent.
(p) $250,000 the first year
and $250,000 the second year are from the general fund for grants to Northern
Connections in Perham to implement and operate a pilot workforce program that
provides one-stop supportive services to individuals as they transition into
the workforce.
(q) $100,000 each year is
for a grant to Ramsey County Workforce Investment Board for the development of
the building lives program. This is a
onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(r) $250,000 each year is
for a grant to the Hennepin-Carver Workforce Investment Board (WIB) to
coordinate with the Partners for Progress Regional Skills Consortium to provide
employment and training as demonstrated by the Twin Cities regional health care
training partnership project.
(s) $160,000 the first year
is for a onetime grant to Workforce Development, Inc., for a pilot project to
provide demand-driven employment and training services to welfare recipients
and other economically disadvantaged populations in Mower, Freeborn, Dodge, and
Steele Counties.
(t) $200,000 the first year
and $200,000 the second year are from the general fund for a grant to HIRED to
operate its industry sector training initiatives, which provide employee
training developed in collaboration with employers in specific, high-demand
industries.
(u) $100,000 the first year
is for a onetime grant to a nonprofit organization. The nonprofit organization must work on behalf of all licensed
vendors to coordinate their efforts to respond to solicitations or other
requests from private and governmental units as defined in Minnesota Statutes,
section 471.59, subdivision 1, in order to increase employment opportunities
for persons with disabilities.
(v) $3,500,000 each year
from the workforce development fund is for the Minnesota youth program under
Minnesota Statutes, sections 116L.56 and 116L.561.
(w) $1,000,000 each year
from the workforce development fund is for a grant to the Minnesota Alliance of
Boys and Girls Clubs to administer a statewide project of youth job skills
development. This project, which may
have career guidance components, including health and life skills, is to
encourage, train, and assist youth in job-seeking skills, workplace
orientation, and job site knowledge through coaching. This grant requires a 25 percent match from nonstate resources.
(x) $10,000 the first year
is for a study on ways to promote employment opportunities for minorities, with
a particular focus on opportunities for American blacks, in the state of
Minnesota. The study should focus on how
to significantly expand the job training available to minorities and promote
substantial increases in the wages paid to minorities, at least to a rate well
above living wage, and within several years, to equality. The commissioner must report on the study to
the governor and the chair of the finance committee in each house of the
legislature that has jurisdiction over employment by January 15, 2008, with
recommendations for implementing the findings.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(y) The commissioner must
provide funding for the Minnesota Conservation Corps to provide learning
stipends for deaf students and wages for interpreters participating in the MCC
summer youth program.
Subd. 4. State-Funded Administration 3,009,000 3,042,000
The first $1,450,000
deposited in each year of the biennium and in each year of subsequent bienniums
into the contingent account created under Minnesota Statutes, section 268.196,
subdivision 3, shall be transferred by June 30 of each fiscal year to the
workforce development fund created under Minnesota Statutes, section
116L.20. Deposits in excess of
$1,450,000 shall be transferred by June 30 of each fiscal year to the general
fund.
Sec. 4. EXPLORE MINNESOTA TOURISM $12,778,000 $11,730,000
(a) To develop maximum
private sector involvement in tourism, $1,000,000 the first year and $1,000,000
the second year must be matched by Explore Minnesota Tourism from nonstate
sources. Each $1 of state incentive must
be matched with $3 of private sector funding.
Cash match is defined as revenue to the state or documented cash
expenditures directly expended to support Explore Minnesota Tourism
programs. Up to one-half of the private
sector contribution may be in-kind or soft match. The incentive in the first year shall be based on fiscal year
2007 private sector contributions as prescribed in Laws 2005, First Special
Session chapter 1, article 3, section 6.
The incentive increase in the second year will be based on fiscal year
2008 private sector contributions. This
incentive is ongoing.
Funding for the marketing
grants is available either year of the biennium. Unexpended grant funds from the first year are available in the
second year.
Any unexpended money from
the general fund appropriations made under this section does not cancel but
must be placed in a special marketing account for use by Explore Minnesota
Tourism for additional marketing activities.
(b) $325,000 the first year
and $325,000 the second year are for the Minnesota Film and TV Board. The appropriation in each year is available
only upon receipt by the board of $1 in matching contributions of money or
in-kind contributions from nonstate sources for every $3 provided by this appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) $1,750,000 the first
year and $750,000 the second year are appropriated for a grant to the Minnesota
Film and TV Board for the film jobs production program under Minnesota
Statutes, section 116U.26. These appropriations
are available in either year of the biennium and are available until
expended. The budget base for the film
jobs production program shall be $500,000 in fiscal year 2010 and $500,000 in
fiscal year 2011.
(d) $150,000 the first year
is for a onetime grant to St. Louis County to be used for feasibility studies
and planning activities concerning additional uses for the St. Louis County
Heritage and Arts Center at the Duluth depot.
The studies and planning activities must include:
(1) examining the costs and
benefits of relocating the Northeast Minnesota Office of Tourism to the Duluth
depot;
(2) establishing a heritage
tourism center at the Duluth depot;
(3) developing a multimodal
operational plan integrating railroad and bus service; and
(4) identifying additional
services and activities that would contribute toward returning the Duluth depot
to being a working railroad station and cultural gateway to Duluth and St.
Louis County.
This appropriation is
available until expended.
Sec. 5. HOUSING FINANCE AGENCY
Subdivision 1. Total Appropriation $70,866,000 $47,624,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
This appropriation is for
transfer to the housing development fund for the programs specified. Except as otherwise indicated, this transfer
is part of the agency's permanent budget base.
Subd. 2. Challenge
Program 24,622,000 9,622,000
For the economic development
and housing challenge program under Minnesota Statutes, section 462A.33, for
housing that:
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(1) conserves energy and
utilizes sustainable, healthy building materials;
(2) preserves sensitive
natural areas and open spaces and minimizes the need for new infrastructure;
(3) is accessible to jobs
and services through integration with transportation or transit systems; and
(4) expands the mix of
housing choices in a community by diversifying the levels of housing
affordability.
The agency may fund
demonstration projects that have unique approaches to achieving the housing
described in clauses (1) to (4).
Subd. 3. Housing Trust Fund 13,658,000 10,445,000
For deposit in the housing
trust fund account created under Minnesota Statutes, section 462A.201, and used
for the purposes provided in that section.
The general fund base is reduced by $1,340,000 each year in fiscal year
2010 and fiscal year 2011.
Subd. 4. Rental Assistance for Mentally Ill
2,638,000 2,638,000
For a rental housing
assistance program for persons with a mental illness or families with an adult
member with a mental illness under Minnesota Statutes, section 462A.2097. The agency must not reduce the funding under
this subdivision.
Subd. 5. Family Homeless Prevention 7,465,000 7,465,000
For family homeless
prevention and assistance programs under Minnesota Statutes, section
462A.204. Any balance in the first year
does not cancel but is available in the second year.
Subd. 6. Home Ownership Assistance Fund 1,135,000 1,135,000
The base is reduced by
$250,000 each year in fiscal year 2010 and fiscal year 2011.
Subd. 7. Affordable Rental Investment Fund
11,496,000 8,996,000
For the affordable rental
investment fund program under Minnesota Statutes, section 462A.21, subdivision
8b.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
This appropriation is to
finance the acquisition, rehabilitation, and debt restructuring of federally
assisted rental property and for making equity take-out loans under Minnesota
Statutes, section 462A.05, subdivision 39.
The owner of the federally
assisted rental property must agree to participate in the applicable federally
assisted housing program and to extend any existing low-income affordability
restrictions on the housing for the maximum term permitted. The owner must also enter into an agreement
that gives local units of government, housing and redevelopment authorities,
and nonprofit housing organizations the right of first refusal if the rental property
is offered for sale. Priority must be
given among comparable federally assisted rental properties to properties with
the longest remaining term under an agreement for federal rental assistance. Priority must also be given among comparable
rental housing developments to developments that are or will be owned by local
government units, a housing and redevelopment authority, or a nonprofit housing
organization.
This appropriation also may
be used to finance the acquisition, rehabilitation, and debt restructuring of
existing supportive housing properties.
For purposes of this subdivision, "supportive housing" means
affordable rental housing with links to services necessary for individuals,
youth, and families with children to maintain housing stability.
Of this amount, $2,500,000
is appropriated for the purposes of financing the rehabilitation and operating
costs to preserve public housing. For
purposes of this subdivision, "public housing" is housing for
low-income persons and households financed by the federal government and owned
and operated by public housing authorities and agencies. Eligible public housing authorities must
have a public housing assessment system rating of standard or above. Priority among comparable proposals must be
given to proposals that maximize federal or local resources to finance the
capital and operating costs.
Subd. 8. Housing Rehabilitation and Accessibility
5,587,000 4,287,000
For the housing
rehabilitation and accessibility program under Minnesota Statutes, section
462A.05, subdivisions 14a and 15a.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 9. Urban Indian Housing Program 187,000 187,000
For the urban Indian housing
program under Minnesota Statutes, section 462A.07, subdivision 15. The base is reduced by $7,000 each year in
fiscal year 2010 and fiscal year 2011.
Subd. 10. Tribal Indian Housing Program 1,683,000 1,394,000
For the tribal Indian
housing program under Minnesota Statutes, section 462A.07, subdivision 14. The base is reduced by $179,000 each year in
fiscal year 2010 and fiscal year 2011.
Subd. 11. Home Ownership Education, Counseling,
and Training 2,020,000 1,115,000
For the home ownership
education, counseling, and training program under Minnesota Statutes, section
462A.209. The base is reduced by
$250,000 each year in fiscal year 2010 and fiscal year 2011. Of this amount, $630,000 the first year is
for:
(1) foreclosure prevention
and assistance activities in communities that have mortgage foreclosure rates
that exceed the statewide average foreclosure rate for the most recent quarter
for which data is available; and
(2) home buyer education and
counseling activities by organizations that have experience working with
emerging markets or partner with organizations with experience working with
emerging markets and that have demonstrated a commitment to increasing the
homeownership rate of emerging markets.
Subd. 12. Capacity Building Grants 340,000 340,000
For nonprofit capacity
building grants under Minnesota Statutes, section 462A.21, subdivision 3b. The base is reduced by $90,000 each year in
fiscal year 2010 and fiscal year 2011.
Subd. 13. Grant for Hennepin County
$35,000 is a onetime
appropriation in the first year for a grant to Hennepin County for
collaboration with the Center for Urban and Regional Affairs at the University
of Minnesota for the development of a predictive, data-driven model that can be
used to identify at-risk properties in order to target resources to prevent
foreclosure.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 6. LABOR AND INDUSTRY
Subdivision 1. Total Appropriation $22,909,000 $23,174,000
Appropriations by
Fund
2008 2009
General 1,069,000 1,024,000
Workers'
Compensation 21,076,000 21,371,000
Workforce Development 764,000 779,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Workers'
Compensation 10,360,000 10,617,000
This appropriation is from
the workers' compensation fund.
Up to $200,000 the first
year and up to $200,000 the second year are for grants to the Vinland Center
for rehabilitation services. The grants
shall be distributed as the department refers injured workers to the Vinland
Center to receive rehabilitation services.
Subd. 3. Safety Codes and Services 4,685,000 4,773,000
This appropriation is from
the workers' compensation fund.
$500,000 the first year and
$500,000 the second year are from the workers' compensation fund for patient
safe handling grants under Minnesota Statutes, section 182.6553. This is a onetime appropriation and is
available until expended.
Subd. 4. Labor Standards/Apprenticeship 1,833,000 1,803,000
Appropriations by
Fund
General 1,069,000 1,024,000
Workforce Development 764,000 779,000
The appropriation from the
workforce development fund is for the apprenticeship program under Minnesota
Statutes, chapter 178, and includes $100,000 each year for labor education and
advancement program grants.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$360,000 the first year and
$300,000 the second year from the general fund are for prevailing wage
enforcement of which $60,000 in the first year is for outreach and survey
participation improvements.
Subd. 5. General Support 6,031,000 5,981,000
This appropriation is from
the workers' compensation fund.
Sec. 7. BUREAU OF MEDIATION SERVICES
Subdivision 1. Total Appropriation $1,864,000 $1,904,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Mediation
Services 1,714,000 1,754,000
Subd. 3. Labor
Management Cooperation Grants 150,000 150,000
$150,000 the first year and
$150,000 the second year are for grants to area labor-management
committees. Grants may be awarded for a
12-month period beginning July 1 of each year.
Any unencumbered balance remaining at the end of the first year does not
cancel but is available for the second year.
Sec. 8. WORKERS' COMPENSATION
COURT OF APPEALS $1,660,000 $1,703,000
This appropriation is from
the workers' compensation fund.
Sec. 9. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. Total Appropriation $27,744,000 $24,504,000
The amounts that may be
spent for each purpose are specified in the following subdivisions. Of the appropriations, $500,000 the first
year and $500,000 the second year are for increased building lease costs. These amounts are added to the department's
base.
Subd. 2. Education and Outreach 16,425,000 13,862,000
(a) Of this amount,
$1,300,000 the first year is a onetime appropriation for the Minnesota
Sesquicentennial Commission. Of this
appropriation, $600,000 is for competitive matching grants for local events and
projects; $600,000 is for planning and support of statewide activities, and up
to $100,000 may be used for administration.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The Minnesota Historical
Society, the State Arts Board, and Explore Minnesota Tourism may assist the
commission in designing and implementing the grants program.
The commission shall
encourage private contributions to match the state funds to the greatest extent
possible. Any gifts, pledges,
membership fees, or contributions received by the commission are appropriated
to the commission.
(b) $1,500,000 the first
year is for a grant-in-aid program for county and local historical
societies. The Minnesota Historical
Society shall establish program guidelines and grant evaluation and award
criteria for the program. Each dollar
of state funds awarded to a grantee must be matched with nonstate funds on a
dollar-for-dollar basis by a grantee.
This is a onetime appropriation and is available until expended.
(c) Notwithstanding
Minnesota Statutes, section 138.668, the Minnesota Historical Society may not
charge a fee for its general tours at the Capitol, but may charge fees for
special programs other than general tours.
Subd. 3. Preservation and Access 10,757,000 10,396,000
(a) $400,000 the first year
is to conduct a conservation survey and for restoration, treatment, moving, and
storage of the 1905 historic furnishings and works of art in the Minnesota
State Capitol. This is a onetime
appropriation and is available until expended.
(b) $150,000 the first year
is for the preservation of battle flags.
This is a onetime appropriation and is available until expended.
(c) Funds may be reallocated
between paragraphs (a) and (b) for the purpose of maximizing federal funds.
Subd. 4. Fiscal Agent
(a) Minnesota International
Center 43,000 43,000
(b) Minnesota Air National
Guard Museum 16,000 -0-
(c) Minnesota Military
Museum 100,000 -0-
(d) Farmamerica 128,000 128,000
(e) Balances Forward
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Any unencumbered balance
remaining in this subdivision the first year does not cancel but is available
for the second year of the biennium.
(f) $100,000 the first year
is for a onetime grant to the Nicollet County Historical Society for renovation
of the center exhibit gallery in the Treaty Site History Center in St. Peter,
including additions to the center's infrastructure and state-of-the-art
interpretive elements. This
appropriation is available until expended.
(g) $100,000 the first year
is for a grant to the Hmong Studies Center at Concordia University in St. Paul,
Minnesota, to be used for preservation of Hmong historical artifacts and
documents. Any part of the appropriation
not used in fiscal year 2008 is available for use in fiscal year 2009. This is a onetime appropriation and is
available until expended.
(h) $75,000 the first year
and $75,000 the second year are for a grant to the city of Eveleth to be used
for the support of the Hockey Hall of Fame Museum provided that it continues to
operate in the city. This grant is in
addition to and must not be used to supplant funding under Minnesota Statutes,
section 298.28, subdivision 9c. This
appropriation is added to the society's base budget.
Subd. 5. Fund Transfer
The Minnesota Historical
Society may reallocate funds appropriated in and between subdivisions 2 and 3
for any program purposes.
Subd. 6. Minnesota River Valley Study Group
The Minnesota Historical
Society in cooperation with Explore Minnesota Tourism shall establish and
coordinate a Minnesota River Valley study group. The Minnesota River Valley study group shall be comprised of
representatives of the Minnesota Valley Scenic Byway Alliance, the Department of
Natural Resources, the Department of Transportation, the Minnesota Indian
Affairs Council, the Region 6 West, Region 6 East, Region 8 and Region 9
Regional Development Commissions, the Minnesota Historical Society, Explore
Minnesota Tourism, State Arts Board, and other interested parties. The study group must develop a plan for
coordinated activities among organizations represented
on the study group to enhance and
promote historic
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
sites, and historic, scenic,
and natural features of the Minnesota River Valley area. Study topics shall include, but are not
limited to, historic sites related to the Dakota Conflict of 1862 and the state
and local preparations for the sesquicentennial of this event. The Minnesota Historical Society and Explore
Minnesota Tourism shall report on the findings and recommendations of the
Minnesota River Valley study group to the standing committees of the house of
representatives and senate with jurisdiction over historic sites and tourism by
March 1, 2008. The Minnesota River
Valley study group shall serve without compensation.
Sec. 10. BOARD OF THE ARTS
Subdivision 1. Total Appropriation $10,330,000 $10,342,000
If the appropriation for
either year is insufficient, the appropriation for the other year is available.
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Operations
and Services 641,000 651,000
Subd. 3. Grants Program 6,732,000 6,732,000
Subd. 4. Regional
Arts Councils 2,957,000 2,959,000
Sec. 11. BOARD OF ACCOUNTANCY $496,000 $505,000
Sec. 12. BOARD OF ARCHITECTURE, ENGINEERING, LAND
SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN $800,000 $815,000
Sec. 13. BOARD OF BARBER AND COSMETOLOGIST
EXAMINERS $829,000 $749,000
Sec. 14. MINNESOTA BOXING COMMISSION $50,000 $-0-
This is a onetime
appropriation to transition the commission to being a self-funded entity.
Sec. 15. MINNESOTA HUMANITIES COMMISSION $500,000 $500,000
Of this amount, ten percent
each year is for lifelong learning programs in greater Minnesota communities
that do not receive financial support from other large educational
institutions. The base budget for the Minnesota
Humanities Commission is $500,000 each year in the 2010-2011 biennium.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 16. TRANSFERS
The commissioner of labor
and industry shall transfer $1,627,000 by June 30, 2008, and $1,515,000 by June
30, 2009, from the construction code fund to the general fund.
Of the balance remaining in
Laws 2005, First Special Session chapter 1, article 3, section 2, subdivision
2, for the methamphetamine laboratory cleanup revolving loan fund, $100,000 is
for transfer to the small community wastewater treatment account established in
Minnesota Statutes, section 446A.075, subdivision 1.
ARTICLE 2
EMPLOYMENT AND DEVELOPMENT-RELATED PROVISIONS
Section 1. Minnesota
Statutes 2006, section 13.7931, is amended by adding a subdivision to read:
Subd. 5. Data from safety and education programs
for loggers. The following
data collected from persons who attend safety and education programs or
seminars for loggers established or approved by the commissioner under section
176.130, subdivision 11, is public data:
(1) the names of the individuals attending the
program or seminar;
(2) the names of each attendee's employer;
(3) the city where the employer is located;
(4) the date the program or seminar was held; and
(5) a description of the seminar or program.
Sec. 2.
Minnesota Statutes 2006, section 16B.61, subdivision 1a, is amended to
read:
Subd. 1a. Administration by commissioner. The commissioner shall administer and
enforce the State Building Code as a municipality with respect to public
buildings and state licensed facilities in the state. The commissioner shall establish appropriate permit, plan review,
and inspection fees, and surcharges for public buildings and
state licensed facilities. Fees and
surcharges for public buildings and state licensed facilities must be remitted
to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund.
Municipalities other than the state having an agreement
with the commissioner for code administration and enforcement service for
public buildings and state licensed facilities shall charge their customary
fees, including surcharge, to be paid directly to the jurisdiction by the
applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner
shall sign an agreement with a municipality other than the state for plan
review, code administration, and code enforcement service for public buildings
and state licensed facilities in the jurisdiction if the building officials of
the municipality meet the requirements of section 16B.65 and wish to provide
those services and if the commissioner determines that the municipality has
enough adequately trained and qualified building inspectors to provide those
services for the construction project.
The commissioner may direct the
state building official to assist a community that has been affected by a
natural disaster with building evaluation and other activities related to
building codes.
Administration and enforcement in a municipality
under this section must apply any optional provisions of the State Building
Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building
official within 30 days of its adoption.
The commissioner shall administer and enforce the
provisions of the code relating to elevators statewide, except as provided for
under section 16B.747, subdivision 3.
Sec. 3.
Minnesota Statutes 2006, section 16B.65, subdivision 1, is amended to
read:
Subdivision 1.
Designation. By January 1, 2002, Each municipality
shall designate a building official to administer the code. A municipality may designate no more than
one building official responsible for code administration defined by each
certification category established in rule.
Two or more municipalities may combine in the designation of a building
official for the purpose of administering the provisions of the code within
their communities. In those
municipalities for which no building officials have been designated, the state
building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or
permanent designation. All costs
incurred by virtue of these services rendered by state employees must be borne
by the involved municipality and receipts arising from these services must be
paid into the state treasury and credited to the special revenue fund
to the commissioner.
Sec. 4.
Minnesota Statutes 2006, section 16B.65, subdivision 5a, is amended to
read:
Subd. 5a. Administrative action and penalties. The commissioner shall, by rule, establish a
graduated schedule of administrative actions for violations of sections 16B.59
to 16B.75 and rules adopted under those sections. The schedule must be based on and reflect the culpability,
frequency, and severity of the violator's actions. The commissioner may impose a penalty from the schedule on a
certification holder for a violation of sections 16B.59 to 16B.75 and rules
adopted under those sections. The
penalty is in addition to any criminal penalty imposed for the same
violation. Administrative monetary
penalties imposed by the commissioner must be paid to the special revenue fund.
Sec. 5.
Minnesota Statutes 2006, section 16B.70, subdivision 2, is amended to
read:
Subd. 2. Collection and reports. All permit surcharges must be collected by
each municipality and a portion of them remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the commissioner once a
month a report of fees and surcharges on fees collected during the previous
month but shall retain the greater of two percent or that amount collected up
to $25 to apply against the administrative expenses the municipality incurs in
collecting the surcharges. All other
municipalities shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount collected up to $25
to apply against the administrative expenses the municipalities incur in
collecting the surcharges. The report,
which must be in a form prescribed by the commissioner, must be submitted together
with a remittance covering the surcharges collected by the 15th day following
the month or quarter in which the surcharges are collected. All money collected by the commissioner
through surcharges and other fees prescribed by sections 16B.59 to 16B.75 shall
be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the State
Building Code under sections 16B.59 to 16B.75.
Sec. 6. Minnesota Statutes 2006, section 116J.551,
subdivision 1, is amended to read:
Subdivision 1.
Grant account. A contaminated site cleanup and development
grant account is created in the general fund.
Money in the account may be used, as appropriated by law, to make grants
as provided in section 116J.554 and to pay for the commissioner's costs in
reviewing applications and making grants.
Notwithstanding section 16A.28, money appropriated to the account for
this program from any source is available for four years until
spent.
Sec. 7.
Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to
read:
Subd. 2. Qualifying sites. A site qualifies for a grant under this
section, if the following criteria are met:
(1) the site is not scheduled for funding during the
current or next fiscal year under the Comprehensive Environmental Response,
Compensation, and Liability Act, United States Code, title 42, section 9601, et
seq. or under the Environmental Response, and Liability Act under sections
115B.01 to 115B.20;
(2) the appraised value of the site after adjusting
for the effect on the value of the presence or possible presence of
contaminants using accepted appraisal methodology, or the current market value
of the site as issued under section 273.121, separately taking into account the
effect of the contaminants on the market value, (i) is less than 75 percent of
the estimated project costs for the site or (ii) is less than or equal to the
estimated cleanup costs for the site and the cleanup costs equal or exceed $3
per square foot for the site; and
(3) (2) if the proposed cleanup is completed, it is
expected that the site will be improved with buildings or other improvements
and these improvements will provide a substantial increase in the property tax
base within a reasonable period of time or the site will be used for an
important publicly owned or tax-exempt facility.
Sec. 8.
Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to
read:
Subdivision 1.
Priorities. (a) The legislature expects that
applications for grants will exceed the available appropriations and the agency
will be able to provide grants to only some of the applicant development
authorities.
(b) If applications for grants for qualified sites
exceed the available appropriations, the agency shall make grants for sites
that, in the commissioner's judgment, provide the highest return in public
benefits for the public costs incurred and that meet all the requirements
provided by law. In making this
judgment, the commissioner shall consider the following factors:
(1) the recommendations or ranking of projects by
the commissioner of the Pollution Control Agency regarding the potential threat
to public health and the environment that would be reduced or eliminated by
completion of each of the response action plans;
(2) the potential increase in the property tax base
of the local taxing jurisdictions, considered relative to the fiscal needs of
the jurisdictions, that will result from developments that will occur because
of completion of each of the response action plans;
(3) the social value to the community of the cleanup
and redevelopment of the site, including the importance of development of the
proposed public facilities on each of the sites;
(4) the probability that each site will be cleaned
up without use of government money in the reasonably foreseeable future by
considering but not limited to the current market value of the site versus the
cleanup cost;
(5) the amount of cleanup costs for each site; and
(6) the amount of the
commitment of municipal or other local resources to pay for the cleanup costs.
The factors are not listed in a rank order of
priority; rather the commissioner may weigh each factor, depending upon the
facts and circumstances, as the commissioner considers appropriate. The commissioner may consider other factors
that affect the net return of public benefits for completion of the response
action plan. The commissioner,
notwithstanding the listing of priorities and the goal of maximizing the return
of public benefits, shall make grants that distribute available money to sites
both within and outside of the metropolitan area. The commissioner shall provide a written statement of the
supporting reasons for each grant.
Unless sufficient applications are not received for qualifying sites
outside of the metropolitan area, at least 25 percent of the money provided as
grants must be made for sites located outside of the metropolitan area.
Sec. 9.
Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to
read:
Subdivision 1.
Commissioner discretion. The commissioner may make a grant for up to
50 percent of the eligible costs of a project.
The determination of whether to make a grant for a site is within the
discretion of the commissioner, subject to this section and sections 116J.571
to 116J.574 and available unencumbered money in the redevelopment account. If the commissioner determines that the
applications for grants for projects in greater Minnesota are less than the
amount of grant funds available, the commissioner may make grants for projects
anywhere in Minnesota. The
commissioner's decisions and application of the priorities under this section
are not subject to judicial review, except for abuse of discretion.
Sec. 10.
Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to
read:
Subd. 1a. Priorities. (a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's
judgment, provide the highest return in public benefits for the public costs
incurred. "Public benefits" include job creation, bioscience
development, environmental benefits to the state and region, efficient use of
public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding
rather than single-use development, crime reduction, blight reduction,
community stabilization, and property tax base maintenance or improvement. In making this judgment, the commissioner
shall give priority to redevelopment projects with one or more of the following
characteristics:
(1) the need for redevelopment in conjunction with
contamination remediation needs;
(2) the redevelopment project meets current tax
increment financing requirements for a redevelopment district and tax increments
will contribute to the project;
(3) the redevelopment potential within the
municipality;
(4) proximity to public transit if located in the
metropolitan area; and
(5) redevelopment costs related to expansion of a
bioscience business in Minnesota; and
(5) (6) multijurisdictional projects that take
into account the need for affordable housing, transportation, and environmental
impact.
(b) The factors in paragraph (a) are not listed in a
rank order of priority; rather, the commissioner may weigh each factor,
depending upon the facts and circumstances, as the commissioner considers
appropriate. The commissioner may
consider other factors that affect the net return of public benefits for
completion of the redevelopment plan.
The commissioner, notwithstanding the listing of priorities and the goal
of maximizing the return of public benefits, shall make grants that distribute
available money to sites both within and outside of the metropolitan area. Unless sufficient applications are not
received for qualifying sites outside of the metropolitan area, at least 50
percent of the money provided as grants must be made for sites located outside
of the metropolitan area.
Sec.
11. Minnesota Statutes 2006, section
116J.966, subdivision 1, is amended to read:
Subdivision 1.
Generally. (a) The commissioner shall promote, develop,
and facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
addition to the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international
markets for Minnesota products and services;
(2) arrange and lead trade missions to countries
with promising international markets for Minnesota goods, technology, services,
and agricultural products;
(3) promote Minnesota products and services at
domestic and international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and services;
(5) host trade delegations and assist foreign
traders in contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and
gather and provide information to assist them in locating and communicating
with international trading or joint venture counterparts;
(7) provide information, education, and counseling
services to Minnesota businesses regarding the economic, commercial, legal, and
cultural contexts of international trade;
(8) provide Minnesota businesses with international
trade leads and information about the availability and sources of services
relating to international trade, such as export financing, licensing, freight
forwarding, international advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct
investment and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors
desiring to locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business services;
(11) enter into contracts or other agreements with
private persons and public entities, including agreements to establish and
maintain offices and other types of representation in foreign countries, to
carry out the purposes of promoting international trade and attracting
investment from foreign countries to Minnesota and to carry out this section,
without regard to section 16C.06; and
(12) market trade-related materials to businesses
and organizations, and the proceeds of which must be placed in a special
revolving account and are appropriated to the commissioner to prepare and
distribute trade-related materials.
(b) The programs and activities of the commissioner
of employment and economic development and the Minnesota Trade Division may not
duplicate programs and activities of the commissioner of agriculture.
(c) The commissioner shall notify the chairs of the
senate Finance and house Ways and Means Committees of each agreement under this
subdivision to establish and maintain an office or other type of representation
in a foreign country.
(d)
The Minnesota Trade Office shall serve as the state's office of protocol
providing assistance to official visits by foreign government representatives
and shall serve as liaison to the foreign diplomatic corps in Minnesota.
Sec. 12.
Minnesota Statutes 2006, section 116L.01, is amended by adding a
subdivision to read:
Subd. 4. Workforce development intermediaries. "Workforce development
intermediaries" means public, private, or nonprofit entities that provide
employment services to low-income individuals and have a demonstrated track
record bringing together employers and workers, private and public funding
streams, and other stakeholders to implement pathways to career advancement for
low-income individuals. Entities may
include, but are not limited to, nonprofit organizations, educational
institutions, or the administrative entity of a local workforce service area.
Sec. 13.
Minnesota Statutes 2006, section 116L.04, subdivision 1a, is amended to
read:
Subd. 1a. Pathways program. The pathways program may provide
grants-in-aid for developing programs which assist in the transition of persons
from welfare to work and assist individuals at or below 200 percent of the
federal poverty guidelines. The program
is to be operated by the board. The
board shall consult and coordinate with program administrators at the
Department of Employment and Economic Development to design and provide
services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational
or other nonprofit training institutions or to workforce development
intermediaries for education and training programs and services supporting
education and training programs that serve eligible recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to
employees;
(2) provide employment where there are defined
career paths for trainees;
(3) pilot the development of an educational pathway
that can be used on a continuing basis for transitioning persons from welfare
to work; and
(4) demonstrate the active participation of
Department of Employment and Economic Development workforce centers, Minnesota
State College and University institutions and other educational institutions,
and local welfare agencies.
Pathways projects must demonstrate the active
involvement and financial commitment of private business. Pathways projects must be matched with cash
or in-kind contributions on at least a one-to-one one-half-to-one
ratio by participating private business.
A single grant to any one institution shall not
exceed $400,000. A portion of a grant
may be used for preemployment training.
Sec. 14.
Minnesota Statutes 2006, section 116L.17, subdivision 1, is amended to
read:
Subdivision 1.
Definitions. (a) For the purposes of this section, the
following terms have the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner
of employment and economic development.
(c)
"Dislocated worker" means an individual who is a resident of
Minnesota at the time employment ceased or was working in the state at the time
employment ceased and:
(1) has been permanently separated or has received a
notice of permanent separation from public or private sector employment and is
eligible for or has exhausted entitlement to unemployment benefits, and is
unlikely to return to the previous industry or occupation;
(2) has been long-term unemployed and has limited
opportunities for employment or reemployment in the same or a similar
occupation in the area in which the individual resides, including older
individuals who may have substantial barriers to employment by reason of age;
(3) has been terminated or has received a notice
of termination of employment as a result of a plant closing or a substantial
layoff at a plant, facility, or enterprise;
(4) has been self-employed, including farmers and
ranchers, and is unemployed as a result of general economic conditions in the
community in which the individual resides or because of natural disasters; or
(4) (5) is a displaced homemaker. A "displaced homemaker" is an individual who has spent
a substantial number of years in the home providing homemaking service and (i)
has been dependent upon the financial support of another; and now due to
divorce, separation, death, or disability of that person, must find employment
to self support; or (ii) derived the substantial share of support from public
assistance on account of dependents in the home and no longer receives such
support.
To be eligible under this clause, the support must
have ceased while the worker resided in Minnesota.
(d) "Eligible organization" means a state
or local government unit, nonprofit organization, community action agency,
business organization or association, or labor organization.
(e) "Plant closing" means the announced or
actual permanent shutdown of a single site of employment, or one or more
facilities or operating units within a single site of employment.
(f) "Substantial layoff" means a permanent
reduction in the workforce, which is not a result of a plant closing, and which
results in an employment loss at a single site of employment during any 30-day
period for at least 50 employees excluding those employees that work less than
20 hours per week.
Sec. 15.
Minnesota Statutes 2006, section 116L.20, subdivision 1, is amended to
read:
Subdivision 1.
Determination and collection of
special assessment. (a) In addition
to amounts due from an employer under the Minnesota unemployment insurance
program, each employer, except an employer making reimbursements is liable for
a special assessment levied at the rate of .10 percent per year for calendar
years 2006 and 2007 on all taxable wages, as defined in section 268.035,
subdivision 24. Beginning January 1,
2008, the special assessment shall be levied at a rate of .085 percent per year
on all taxable wages. The
assessment shall become due and be paid by each employer on the same schedule
and in the same manner as other amounts due from an employer under section
268.051, subdivision 1.
(b) The special assessment levied under this section
shall be subject to the same requirements and collection procedures as any
amounts due from an employer under the Minnesota unemployment insurance
program.
Sec.
16. Minnesota Statutes 2006, section
116L.666, subdivision 1, is amended to read:
Subdivision 1.
Designation of workforce service
areas. For the purpose of
administering federal, state, and local employment and training services, the
commissioner shall designate the geographic boundaries for workforce service
areas in Minnesota.
The commissioner shall approve a request to be a
workforce service area from:
(1) a home rule charter or statutory city with a
population of 200,000 or more or a county with a population of 200,000 or more;
or
(2) a consortium of contiguous home rule charter or
statutory cities or counties with an aggregate population of 200,000 or more
that serves a substantial part of one or more labor markets.
The commissioner may approve a request to be a
workforce service area from a home rule charter or statutory city or a county
or a consortium of contiguous home rule charter or statutory cities or
counties, without regard to population, that serves a substantial portion of a
labor market area.
The commissioner shall make a final designation of
workforce service areas within the state after consulting with local elected
officials and the governor's Workforce Development Council. Existing service delivery areas designated
under the federal Job Training Partnership Act shall be initially designated as
workforce service areas providing that no other petitions are submitted by
local elected officials.
The commissioner may redesignate workforce service
areas, upon the advice of the affected local elected officials, no more
frequently than every two years. These
redesignations must be made not later than four months before the beginning of
a program year.
Sec. 17.
Minnesota Statutes 2006, section 116M.18, subdivision 6a, is amended to
read:
Subd. 6a. Nonprofit corporation loans. The board may make loans to a nonprofit
corporation with which it has entered into an agreement under subdivision
1. These loans must be used to support
a new or expanding business. This
support may include such forms of financing as the sale of goods to the
business on installment or deferred payments, lease purchase agreements, or
royalty investments in the business. The
interest rate charged by a nonprofit corporation for a loan under this
subdivision must not exceed the Wall Street Journal prime rate plus four
percent. For a loan under this
subdivision, the nonprofit corporation may charge a loan origination fee equal
to or less than one percent of the loan value.
The nonprofit corporation may retain the amount of the origination
fee. The nonprofit corporation must
provide at least an equal match to the loan received by the board. The maximum loan available to the nonprofit
corporation under this subdivision is $50,000.
Loans made to the nonprofit corporation under this subdivision may be
made without interest. Repayments made
by the nonprofit corporation must be deposited in the revolving fund created
for urban initiative grants.
Sec. 18. [116O.115] SMALL BUSINESS GROWTH
ACCELERATION PROGRAM.
Subdivision 1. Establishment; purpose. The small business growth acceleration
program is established. The purpose of
the program is to (1) help qualified companies implement technology and
business improvements; and (2) bridge the gap between standard market pricing for
technology and business improvements and what qualified companies can afford to
pay.
Subd. 2. Qualified company. A company is qualified to receive
assistance under the small business growth acceleration program if it is a
manufacturing company or a manufacturing-related service company that employs
100 or fewer full-time equivalent employees.
Subd. 3.
Subd. 4. Fund awards; use of funds. (a) The corporation shall establish
procedures for determining which applicants for assistance under the small
business growth acceleration program will receive program funding. Funding shall be awarded only to accelerate
a qualified company's adoption of needed technology or business improvements
when the corporation concludes that it is unlikely the improvements could be
accomplished in any other way.
(b) The maximum amount of funds awarded to a
qualified company under the small business growth acceleration program for a
particular project must not exceed 50 percent of the total cost of a project
and must not under any circumstances exceed $25,000 during a calendar
year. The corporation shall not award
to a qualified company small business growth acceleration program funds in excess
of $50,000 per year.
(c) Any funds awarded to a qualified company under
the small business growth acceleration program must be used for business
services and products that will enhance the operation of the company. These business services and products must
come either directly from the corporation or from a network of expert providers
identified and approved by the corporation.
No company receiving small business growth acceleration program funds
may use the funds for refinancing, overhead costs, new construction,
renovation, equipment, or computer hardware.
(d) Any funds awarded must be disbursed to the
qualified company as reimbursement documented according to requirements of the
corporation.
Subd. 5. Service agreements. The corporation shall enter a written
service agreement with each company awarded funds under the small business
growth acceleration program. Each
service agreement shall clearly articulate the company's need for service,
state the cost of the service, identify who will provide the service, and
define the scope of the service that will be provided. The service agreement must also include an
estimate of the financial impact of the service on the company and require the
company to report the actual financial impact of the service to the corporation
24 months after the service is provided.
Subd. 6. Reporting. The corporation shall report annually to
the legislative committees with fiscal jurisdiction over the Department of
Employment and Economic Development:
(1) the funds awarded under the small business
growth acceleration program during the past 12 months;
(2) the estimated financial impact of the funds
awarded to each company receiving service under the program; and
(3) the actual financial impact of funds awarded
during the past 24 months.
Sec. 19. [179.86] PACKINGHOUSE WORKERS BILL OF
RIGHTS.
Subdivision 1. Definition. For the purpose of this section,
"employer" means an employer in the meatpacking industry.
Subd. 2. Right to adequate equipment. An employer must furnish its employees
with equipment to safely perform their jobs under OSHA standards.
Subd. 3.
(1) a complete description of the salary and
benefits plans as they relate to the employee;
(2) a job description for the employee's position;
(3) a description of leave policies;
(4) a description of the work hours and work hours
policy; and
(5) a description of the occupational hazards known
to exist for the position.
(b) The explanation must also include information on
the following employee rights as protected by state or federal law and a
description of where additional information about those rights may be obtained:
(1) the right to organize and bargain collectively
and refrain from organizing and bargaining collectively;
(2) the right to a safe workplace; and
(3) the right to be free from discrimination.
Subd. 4. Commissioner duties. The commissioner of labor and industry
must develop and implement a strategy to provide adequate notice and education
to employees of their rights under this section and education on how to
assimilate into their local community.
The commissioner must consult with the commissioner of human rights in
the development of the strategy. The
commissioner shall assign the duty to implement the strategy to a specific identified
position in the department. The
position, along with contact information, must be included on printed materials
the department prepares and distributes to carry out the commissioner's duties
under this section.
Sec. 20.
Minnesota Statutes 2006, section 179A.04, subdivision 3, is amended to
read:
Subd. 3. Other duties. (a) The commissioner shall:
(1) provide mediation services as requested by the
parties until the parties reach agreement, and may continue to assist parties
after they have submitted their final positions for interest arbitration;
(2) issue notices, subpoenas, and orders required by
law to carry out duties under sections 179A.01 to 179A.25;
(3) assist the parties in formulating petitions,
notices, and other papers required to be filed with the commissioner;
(4) conduct elections;
(5) certify the final results of any election or
other voting procedure conducted under sections 179A.01 to 179A.25;
(6) adopt rules relating to the administration of
this chapter and the conduct of hearings and elections;
(7) receive, catalogue, file, and make available to
the public all decisions of arbitrators and panels authorized by sections
179A.01 to 179A.25, all grievance arbitration decisions, and the commissioner's
orders and decisions;
(8) adopt, subject to chapter
14, a grievance procedure that fulfills the purposes of section 179A.20,
subdivision 4, that is available to any employee in a unit not covered by a
contractual grievance procedure;
(9) maintain a schedule of state employee classifications
or positions assigned to each unit established in section 179A.10, subdivision
2;
(10) collect fees established by rule for
empanelment of persons on the labor arbitrator roster maintained by the
commissioner or in conjunction with fair share fee challenges. Arbitrator application fees will be $100 per
year for initial applications and renewals effective July 1, 2007;
(11) provide technical support and assistance to
voluntary joint labor-management committees established for the purpose of
improving relationships between exclusive representatives and employers, at the
discretion of the commissioner;
(12) provide to the parties a list of arbitrators as
required by section 179A.16, subdivision 4; and
(13) maintain a list of up to 60 arbitrators for
referral to employers and exclusive representatives for the resolution of
grievance or interest disputes. Each
person on the list must be knowledgeable about collective bargaining and labor
relations in the public sector, well versed in state and federal labor law, and
experienced in and knowledgeable about labor arbitration. To the extent practicable, the commissioner
shall appoint members to the list so that the list is gender and racially
diverse.
(b) From the names provided by representative
organizations, the commissioner shall maintain a list of arbitrators to conduct
teacher discharge or termination hearings according to section 122A.40 or
122A.41. The persons on the list must
meet at least one of the following requirements:
(1) be a former or retired judge;
(2) be a qualified arbitrator on the list maintained
by the bureau;
(3) be a present, former, or retired administrative
law judge; or
(4) be a neutral individual who is learned in the
law and admitted to practice in Minnesota, who is qualified by experience to
conduct these hearings, and who is without bias to either party.
Each year, education Minnesota shall provide a list
of up to 14 names and the Minnesota School Boards Association a list of up to
14 names of persons to be on the list.
The commissioner may adopt rules about maintaining and updating the
list.
Sec. 21. [181A.115] PROHIBITED EMPLOYMENT
RELATING TO THE PRESENCE OF LIQUOR.
No minor under the age of 18 shall be employed in
any rooms constituting the place in which intoxicating liquors or 3.2 percent
malt liquors are served or consumed or in any tasks involving the serving,
dispensing, or handling of such liquors that are consumed on the premises
except that:
(1) minors who have reached the age of 16 may be employed
to perform busing, dishwashing, or hosting services in those rooms or areas of
a restaurant, hotel, motel, or resort where the presence of intoxicating liquor
is incidental to food service or preparation;
(2) minors who have reached the
age of 16 may be employed to perform busing, dishwashing, or hosting services
or to provide waiter or waitress service in rooms or areas where the presence
of 3.2 percent malt liquor is incidental to food service or preparation;
(3) minors who have reached the age of 16 may be
employed to provide musical entertainment in those rooms or areas where the
presence of intoxicating liquor and 3.2 percent malt liquor is incidental to
food service or preparation; and
(4) minors are not prevented from working at tasks
which are not prohibited by law in establishments where liquor is sold, served,
dispensed, or handled in those rooms or areas where no liquor is consumed or
served.
Sec. 22.
Minnesota Statutes 2006, section 182.65, subdivision 2, is amended to
read:
Subd. 2. Legislative findings and purpose. The legislature finds that the burden on
employers and employees of this state resulting from personal injuries and
illnesses arising out of work situations is substantial; that the prevention of
these injuries and illnesses is an important objective of the government of
this state; that the greatest hope of attaining this objective lies in programs
of research and education, and in the earnest cooperation of government,
employers and employees; and that a program of regulation and enforcement is a
necessary supplement to these more basic programs.
The legislature declares it to be its purpose and
policy through the exercise of its powers to assure so far as possible every
worker in the state of Minnesota safe and healthful working conditions and to
preserve our human resources by:
(a) authorizing the Occupational Safety and Health
Advisory Council to advise, consult with or recommend on any matters relating
to the Minnesota occupational safety and health plan to the commissioner of
labor and industry and by authorizing the commissioner of labor and industry to
promulgate and enforce mandatory occupational safety and health standards
applicable to employers and employees in the state of Minnesota;
(b) encouraging employers and employees to increase
their efforts to reduce the number of occupational safety and health hazards at
their places of employment, and to stimulate employers and employees to
institute new and to perfect existing programs for providing safe and healthful
working conditions;
(c) providing that employers and employees have
separate but dependent responsibilities and rights with respect to achieving
safe and healthful working conditions;
(d) providing for research in the field of
occupational safety and health; including the psychological factors involved,
and by developing innovative methods, techniques, and approaches for dealing
with occupational safety and health problems;
(e) exploring ways to discover latent diseases,
establishing causal connections between diseases and work in environmental
conditions, and conducting other research relating to health problems, in
recognition of the fact that occupational health standards present problems
often different from those involved in occupational safety;
(f) utilizing advances already made by federal laws
and regulations providing safe and healthful working conditions;
(g) providing criteria which will assure insofar as
practicable that no employee will suffer diminished health, functional
capacity, or life expectancy as a result of work experience;
(h) providing an effective
enforcement program which shall include locating enforcement personnel in
areas of the state with a higher incidence of workplace fatalities, injuries,
and complaints and a prohibition against giving advance notice of an
inspection and sanctions for any individual violating this prohibition;
(i) providing for appropriate reporting procedures
with respect to occupational safety and health, which procedures will help
achieve the objectives of this chapter and accurately describe the nature of
the occupational safety and health problem;
(j) encouraging joint labor-management efforts to
reduce injuries and diseases arising out of employment;
(k) providing consultation to employees and employers
which will aid them in complying with their responsibilities under this chapter
where such consultation does not interfere with the effective enforcement of
this chapter; and
(l) providing for training programs to increase the
number and competence of personnel engaged in the field of occupational safety
and health.
Sec. 23. [182.6551] CITATION.
Sections 182.6551 to 182.6553 may be cited as the
"Safe Patient Handling Act."
Sec. 24. [182.6552] DEFINITIONS.
Subdivision 1. Direct patient care worker. "Direct patient care worker"
means an individual doing the job of directly providing physical care to
patients including nurses, as defined by section 148.171, who provide physical
care to patients.
Subd. 2. Health care facility. "Health care facility" means a
hospital as defined in section 144.50, subdivision 2; an outpatient surgical
center as defined in section 144.55, subdivision 2; and a nursing home as
defined in section 144A.01, subdivision 5.
Subd. 3. Safe patient handling. "Safe patient handling" means a
process, based on scientific evidence on causes of injuries, that uses safe
patient handling equipment rather than people to transfer, move, and reposition
patients in all health care facilities to reduce workplace injuries. This process also reduces the risk of injury
to patients.
Subd. 4. Safe patient handling equipment. "Safe patient handling
equipment" means engineering controls, lifting and transfer aids, or
mechanical assistive devices used by nurses and other direct patient care
workers instead of manual lifting to perform the acts of lifting, transferring,
and repositioning health care facility patients and residents.
Sec. 25. [182.6553] SAFE PATIENT HANDLING
PROGRAM.
Subdivision 1. Safe patient handling program required. (a) By July 1, 2008, every licensed
health care facility in the state shall adopt a written safe patient handling
policy establishing the facility's plan to achieve by January 1, 2011, the goal
of minimizing manual lifting of patients by nurses and other direct patient
care workers by utilizing safe patient handling equipment.
(b) The program shall address:
(1) assessment of hazards with regard to patient
handling;
(2)
the acquisition of an adequate supply of appropriate safe patient handling equipment;
(3) initial and ongoing training of nurses and other
direct patient care workers on the use of this equipment;
(4) procedures to ensure that physical plant
modifications and major construction projects are consistent with program
goals; and
(5) periodic evaluations of the safe patient
handling program.
Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
health care facility in the state shall establish a safe patient handling
committee either by creating a new committee or assigning the functions of a
safe patient handling committee to an existing committee.
(b) Membership of a safe patient handling committee
or an existing committee must meet the following requirements:
(1) at least half the members shall be nonmanagerial
nurses and other direct patient care workers; and
(2) in a health care facility where nurses and other
direct patient care workers are covered by a collective bargaining agreement,
the union shall select the committee members proportionate to its
representation of nonmanagerial workers, nurses, and other direct patient care
workers.
(c) A health care organization with more than one
covered health care facility may establish a committee at each facility or one
committee to serve this function for all the facilities. If the organization chooses to have one
overall committee for multiple facilities, at least half of the members of the
overall committee must be nonmanagerial nurses and other direct patient care
workers and each facility must be represented on the committee.
(d) Employees who serve on a safe patient handling
committee must be compensated by their employer for all hours spent on
committee business.
Subd. 3. Facilities with existing programs. A facility that has already adopted a safe
patient handling policy that satisfies the requirements of subdivision 1, and
established a safe patient handling committee by July 1, 2008, is considered to
be in compliance with those requirements.
The committee must continue to satisfy the requirements of subdivision
2, paragraph (b), on an ongoing basis.
Subd. 4. Committee duties. A safe patient handling committee shall:
(1) complete a patient handling hazard assessment
that:
(i) considers patient handling tasks, types of
nursing units, patient populations, and the physical environment of patient
care areas;
(ii) identifies problems and solutions;
(iii) identifies areas of highest risk for lifting
injuries; and
(iv) recommends a mechanism to report, track, and
analyze injury trends;
(2) make recommendations on the purchase, use, and
maintenance of an adequate supply of appropriate safe patient handling
equipment;
(3)
make recommendations on training of nurses and other direct patient care
workers on use of safe patient handling equipment, initially when the equipment
arrives at the facility and periodically afterwards;
(4) conduct annual evaluations of the safe patient
handling implementation plan and progress toward goals established in the safe
patient handling policy; and
(5) recommend procedures to ensure that, when
remodeling of patient care areas occurs, the plans incorporate safe patient
handling equipment or the physical space and construction design needed to
accommodate safe patient handling equipment at a later date.
Subd. 5. Training materials. The commissioner shall make training
materials on implementation of this section available to all health care
facilities at no cost as part of the training and education duties of the
commissioner under section 182.673.
Subd. 6. Enforcement. This section shall be enforced by the
commissioner under section 182.661. A
violation of this section is subject to the penalties provided under section
182.666.
Subd. 7. Grant program. The commissioner may make grants to
health care facilities to acquire safe patient handling equipment and for
training on safe patient handling and safe patient handling equipment. Grants to any one facility may not exceed
$40,000. A grant must be matched on a
dollar-for-dollar basis by the grantee.
The commissioner shall establish a grant application process. The commissioner may give priority for
grants to facilities that demonstrate that acquiring safe patient handling
equipment will impose a financial hardship on the facility. For health care facilities that provide
evidence of hardship, the commissioner may waive the 50 percent match
requirement and may grant such a facility more than $40,000. Health care facilities that the commissioner
determines are experiencing hardship shall not be required to meet the safe
patient handling requirements until July 1, 2012.
Sec. 26.
Minnesota Statutes 2006, section 268.085, subdivision 3, is amended to
read:
Subd. 3. Payments that delay unemployment benefits. (a) An applicant shall not be eligible to
receive unemployment benefits for any week with respect to which the applicant
is receiving, has received, or has filed for payment, equal to or in excess of
the applicant's weekly unemployment benefit amount, in the form of:
(1) vacation pay paid upon temporary, indefinite, or
seasonal separation. This clause shall
not apply to vacation pay paid upon a permanent separation from employment;
(2) severance pay, bonus pay, sick pay, and any
other money payments, except earnings under subdivision 5, and back pay under
subdivision 6, paid by an employer because of, upon, or after separation from
employment, but only if the money payment is considered wages at the time of
payment under section 268.035, subdivision 29, or United States Code, title 26,
section 3121, clause (2), of the Federal Insurance Contribution Act;. This clause does not apply to the first
$5,000 of any amount of severance pay, bonus pay, sick pay, or any other
payments paid to an employee; or
(3) pension, retirement, or annuity payments from
any plan contributed to by a base period employer including the United States
government, except Social Security benefits which are provided for in
subdivision 4. The base period employer
contributed to the plan if the contribution is excluded from the definition of
wages under section 268.035, subdivision 29, clause (1), or United States Code,
title 26, section 3121, clause (2), of the Federal Insurance Contribution Act.
An applicant shall not be considered to have
received the lump sum payment if the applicant immediately deposits that
payment in a qualified pension plan or account; or
(4)
holiday pay.
(b) This subdivision shall apply to all the weeks of
payment and shall be applied to the period immediately following the last day
of employment. The number of weeks of
payment shall be determined as follows:
(1) if the payments are made periodically, the total
of the payments to be received shall be divided by the applicant's last level
of regular weekly pay from the employer; or
(2) if the payment is made in a lump sum, that sum
shall be divided by the applicant's last level of regular weekly pay from the
employer.
(c) If the payment is less than the applicant's
weekly unemployment benefit amount, unemployment benefits shall be reduced by
the amount of the payment. If the
computation of reduced unemployment benefits is not a whole dollar, it shall be
rounded down to the next lower whole dollar.
EFFECTIVE
DATE. This section is effective for
unemployment benefits paid on or after January 1, 2006, regardless of when the
continued request was filed or the week for which the unemployment benefits are
paid.
Sec. 27.
Minnesota Statutes 2006, section 268.196, is amended by adding a
subdivision to read:
Subd. 5. Unemployment insurance benefits
telephone system. The
commissioner must ensure that the telephone system used for unemployment
insurance benefits provides an option for any caller to speak to an
unemployment insurance specialist. An
individual who calls any of the publicized telephone numbers seeking information
about applying for benefits or on the status of a claim must have the option to
speak on the telephone to a specialist who can provide direct assistance or can
direct the caller to the person or office that is able to respond to the
caller's needs.
Sec. 28.
Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to
read:
Subd. 13. Supported employment. (a) "Supported employment"
means employment of a person with a disability so severe that the person needs
ongoing training and support to get and keep a job in which:
(1) the person engages in paid work in a position
removed from the service vendor's site where individuals without disabilities
who do not require public subsidies also may be employed;
(2) public funds are necessary to provide ongoing
training and support services throughout the period of the person's employment;
and
(3) the person has the opportunity for social
interaction with individuals who do not have disabilities and who are not paid
caregivers.
(b) If the commissioner has certified a
rehabilitation facility setting as integrated, then employment at that site may
be considered supported employment.
Sec. 29.
Minnesota Statutes 2006, section 268A.01, is amended by adding a
subdivision to read:
Subd. 14. Affirmative business enterprise
employment. "Affirmative
business enterprise employment" means employment which provides paid work
on the premises of an affirmative business enterprise as certified by the
commissioner.
Affirmative
business enterprise employment is considered community employment for purposes
of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided that
the wages for individuals reported must be at or above customary wages for the
same employer. The employer must also
provide one benefit package that is available to all employees.
Sec. 30.
Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to
read:
Subdivision 1.
Appointment; membership. Every city, town, county, nonprofit
corporation, or combination thereof establishing a rehabilitation facility
shall appoint a rehabilitation facility board of no fewer than nine seven
voting members before becoming eligible for the assistance provided by
sections 268A.06 to 268A.15. When any
city, town, or county singly establishes such a rehabilitation facility, the
board shall be appointed by the chief executive officer of the city or the
chair of the governing board of the county or town. When any combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief executive
officers of the cities, nonprofit corporations, and the chairs of the governing
bodies of the counties or towns shall appoint the board. If a nonprofit corporation singly
establishes a rehabilitation facility, the corporation shall appoint the board
of directors. Membership on a board
shall be representative of the community served and shall include a person with
a disability. One-third to one-half
of the board shall be representative of industry or business. The remaining members should be
representative of lay associations for persons with a disability, labor, the
general public, and education, welfare, medical, and health professions. Nothing in sections 268A.06 to 268A.15 shall
be construed to preclude the appointment of elected or appointed public
officials or members of the board of directors of the sponsoring nonprofit
corporation to the board, so long as the representation described above is
preserved. If a county establishes
an extended employment program and manages the program with county employees,
the governing board shall be the county board of commissioners, and other
provisions of this chapter pertaining to membership on the governing board do
not apply.
Sec. 31.
Minnesota Statutes 2006, section 268A.15, is amended by adding a
subdivision to read:
Subd. 9. Integrated setting. At the commissioner's discretion, paid
work on the premises of a rehabilitation facility may be certified as an
integrated setting after a site review by the department.
Sec. 32. [325E.60] RESTROOM ACCESS.
Subdivision 1. Short title. This section may be cited as the Restroom
Access Act.
Subd. 2. Definitions. For purposes of this section:
(a) "Customer" means an individual who is
lawfully on the premises of a retail establishment.
(b) "Eligible medical condition" means
Crohn's disease, ulcerative colitis, any other inflammatory bowel disease,
irritable bowel syndrome, or any other medical condition that requires
immediate access to a restroom facility.
(c) "Retail establishment" means a place
of business open to the general public for the sale of goods or services. Retail establishment does not include a
filling station or service station with a structure of 800 square feet or less
that has an employee restroom facility located within that structure.
Subd. 3. Retail establishment; customer access to
restroom facilities. A
retail establishment that has a restroom facility for its employees shall allow
a customer to use that facility during normal business hours if the restroom
facility is reasonably safe and all of the following conditions are met:
(1) the customer requesting the
use of the employee restroom facility suffers from an eligible medical
condition or uses an ostomy device, provided that the existence of the
condition or device is documented in writing by the customer's physician or a
nonprofit organization whose purpose includes serving individuals who suffer
from the condition;
(2) three or more employees of the retail
establishment are working at the time the customer requests use of the employee
restroom facility;
(3) the retail establishment does not normally make
a restroom available to the public;
(4) the employee restroom facility is not located in
an area where providing access would create an obvious health or safety risk to
the customer or an obvious security risk to the establishment; and
(5) a public restroom is not immediately accessible
to the customer.
Subd. 4. Liability. (a) A retail establishment or an employee
of a retail establishment is not civilly liable for an act or omission in
allowing a customer who claims to have an eligible medical condition to use an
employee restroom facility that is not a public restroom if the act or
omission:
(1) is not negligent;
(2) occurs in an area of the retail establishment
that is not accessible to the public; and
(3) results in an injury to or death of the customer
or an individual other than an employee accompanying the customer.
(b) This section does not require a retail establishment
to make any physical changes to an employee restroom facility.
Subd. 5. Violation. For a first violation of this section,
the city or county attorney shall issue a warning letter to the retail
establishment or employee informing the establishment or employee of the
requirements of this section. A retail
establishment or an employee of a retail establishment that violates this
section after receiving a warning letter is guilty of a petty misdemeanor. The fine for a first offense must not exceed
$50.
Sec. 33.
Minnesota Statutes 2006, section 462.39, is amended by adding a
subdivision to read:
Subd. 5. Local planning assistance. A regional development commission or, in
regions not served by regional development commissions, a regional organization
selected by the commissioner of employment and economic development, may
develop a program to support planning on behalf of local units of
government. The local planning must be
related to issues of regional or statewide significance and may include, but is
not limited to, the following:
(1) local planning and development assistance, which
may include local zoning ordinances and land use plans;
(2) community or economic development plans, which
may include workforce development plans, housing development plans and market
analysis, JOBZ administration, grant writing assistance, and grant
administration;
(3) environment and natural resources plans, which
may include solid waste management plans, wastewater management plans, and
renewable energy development plans;
(4) rural community health services; and
(5) development of geographical
information systems to serve regional needs, including hardware and software
purchases and related labor costs.
Each regional development commission or organization
shall submit to the commissioner of employment and economic development an
annual work program that outlines the work items for the upcoming year and
establishes the relationship of the work items to development issues of
regional or statewide significance. The
entity completing the annual work program and identifying the statewide
development issues shall consider input from the Departments of Employment and
Economic Development, Natural Resources, Transportation, Agriculture, Commerce,
and other state agencies as appropriate to the issues.
Sec. 34.
Minnesota Statutes 2006, section 469.334, is amended to read:
469.334
DESIGNATION OF ZONE.
Subdivision 1.
Commissioner to designate. (a) The commissioner, in consultation with
the commissioner of revenue and the director of the Office of Strategic and
Long-Range Planning, shall may designate one or more
biotechnology and health sciences industry zones. Priority must be given to applicants with a development plan that
links a higher education/research institution with a biotechnology and health
sciences industry facility.
(b) The commissioner may consult with the applicant
prior to the designation of the zone.
The commissioner may modify the development plan, including the
boundaries of the zone or subzones, if in the commissioner's opinion a modified
plan would better meet the objectives of the biotechnology and health sciences
industry zone program. The commissioner
shall notify the applicant of the modifications and provide a statement of the
reasons for the modifications.
Subd. 2. Need indicators. (a) In evaluating applications to determine
the need for designation of a biotechnology and health sciences industry zone,
the commissioner shall consider the following factors as indicators of need:
(1) the extent to which land in proximity to a
significant scientific research institution could be developed as a higher and
better use for biotechnology and health sciences industry facilities;
(2) the amount of property in or near the zone that
is deteriorated or underutilized; and
(3) the extent to which property in the area would
remain underdeveloped or nonperforming due to physical characteristics.
(b) The commissioner may require applicants to
provide data to demonstrate how the area meets one or more of the indicators of
need.
Subd. 3. Success indicators. In determining the likelihood of success of
a proposed zone, the commissioner shall consider:
(1) applicants that show a viable link between a
higher education/research institution, the biotechnology and/or medical devices
business sectors, and one or more units of local government with a development
plan;
(2) the extent to which the area has substantial
real property with adequate infrastructure and energy to support new or
expanded development;
(3) the strength and viability of the proposed
development goals, objectives, and strategies in the development plan;
(4) whether the development
plan is creative and innovative in comparison to other applications;
(5) local public and private commitment to
development of a biotechnology and health sciences industry facility or
facilities in the proposed zone and the potential cooperation of surrounding
communities;
(6) existing resources available to the proposed
zone;
(7) how the designation of the zone would relate to
other economic and community development projects and to regional initiatives
or programs;
(8) how the regulatory burden will be eased for
biotechnology and health sciences industry facilities located in the proposed
zone;
(9) proposals to establish and link job creation and
job training in the biotechnology and health sciences industry with
research/educational institutions; and
(10) the extent to which the development is directed
at encouraging, and that designation of the zone is likely to result in, the
creation of high-paying jobs.
Subd. 4. Designation schedule. (a) The schedule in paragraphs (b) to (e)
applies to the designation of the first biotechnology and health sciences
industry zone.
(b) The commissioner shall publish the form for
applications and any procedural, form, or content requirements for applications
by no later than August 1, 2003. The
commissioner may publish these requirements on the Internet, in the State
Register, or by any other means the commissioner determines appropriate to
disseminate the information to potential applicants for designation.
(c) Applications must be submitted by October 15,
2003.
(d) The commissioner shall designate the zones by no
later than December 31, 2003.
(e) The designation of the zones takes effect
January 1, 2004.
(f) Additional zones may be designated in later
years, following substantially the same application and designation process
as provided in paragraphs (b) to (e) only after the commissioner of
employment and economic development has established criteria for expanding the
number of zones. The criteria must
limit designating a new zone to a community that has adequate resources and
infrastructure to support bioindustry, including postsecondary institutions,
strong health care systems, and existing bioscience companies. It must also require that a new zone be
located on a transportation corridor.
Sec. 35. WORKFORCE ENHANCEMENT FEE.
If the commissioner of employment and economic
development determines that the need for services under the dislocated worker
program substantially exceeds the resources that will be available for the
program, the commissioner may increase the special assessment levied under
Minnesota Statutes, section 116L.20, subdivision 1, to no more than .12 percent
of taxable wages.
Sec. 36. FEDERAL PROCUREMENT LIAISON.
The commissioner of employment and economic
development must establish and operate a technology and commercialization unit
in the Department of Employment and Economic Development. Appropriation for this purpose must be used
to: coordinate public and private
efforts to procure federal funding for collaborative research and development
projects of primary benefit to small- and medium-sized businesses; promote
contractual relationships between Minnesota
businesses who, as recipients of federal grants, are prime contractors, and
appropriate Minnesota-based subcontractors; assess the research and development
capabilities of small- and medium-sized businesses; undertake referral activities
to link Minnesota companies with federal requests for proposal opportunities;
and develop a framework for Minnesota companies to establish sole-sourcing
relationships with federal agencies.
The commissioner must report to the committees in
the house of representatives and the senate having jurisdiction over bioscience
and technology issues on the activities of the technology and commercialization
unit by June 30 of each year.
Sec. 37. LOCATION OF NORTHERN MINNESOTA
INSPECTORS.
By December 31, 2007, the commissioner of labor and
industry must assign three occupational safety and health inspectors to one or
more offices on the Iron Range and one inspector to an office in Bemidji.
Sec. 38. WORKING GROUP ON STATE ROLE IN TRADE
POLICY.
Subdivision 1. Work group members. The Department of Employment and Economic
Development must convene a working group to develop recommendations for
establishing policies and procedures regarding the role of the state in federal
trade policy and trade agreements. The
working group must be comprised of 17 members as follows:
(1) the governor or his designee;
(2) the commissioner of the Department of Employment
and Economic Development or his designee;
(3) the commissioner of the Department of
Agriculture or his designee;
(4) the commissioner of the Department of
Administration or his designee;
(5) the attorney general or her designee;
(6) two members of the Minnesota senate one of whom
is appointed by the senate majority leader and one appointed by the minority
leader;
(7) two members of the Minnesota house of
representatives, one of whom is appointed by the speaker and one appointed by
the minority leader;
(8) two members designated by the Minnesota AFL-CIO;
(9) two members representing labor organizations
other than the AFL-CIO with one to be appointed by the speaker of the Minnesota
house of representatives and one to be appointed by the majority leader of the
Minnesota senate;
(10) two members designated by the Minnesota Chamber
of Commerce; and
(11) two members representing business organizations
other than the Minnesota Chamber of Commerce appointed by the governor.
The Department of Employment and Economic
Development must provide administrative support to the working group.
Subd. 2.
(1) determine the state's jurisdiction regarding
federal trade policy and trade agreements;
(2) assess the state's current policies, procedures,
roles and responsibilities for providing advice and consent on federal trade
policy and trade agreements;
(3) review the current means through which the state
interacts with the Office of the United States Trade Representative (USTR) and
Congress regarding trade policy and trade agreements;
(4) inventory the federal trade policies and trade
agreements that the state of Minnesota has formally approved or signed on to;
(5) examine trade policy models established by other
states;
(6) develop recommendations for defining
responsibilities and procedures for the state's role in federal trade policy
and trade agreements; and
(7) prepare legislative recommendations to implement
the recommendations of the working group.
The working group must report its findings and
recommendations to the governor and the legislature by December 1, 2007.
Sec. 39. STUDY; SAFE PATIENT HANDLING.
(a) The commissioner of labor and industry shall
study ways to require workers' compensation insurers to recognize compliance
with Minnesota Statutes, section 182.6553, in the workers' compensation
premiums of health care and long-term care facilities. The commissioner shall report by January 15,
2008, the results of the study to the chairs of the policy committees of the
legislature with primary jurisdiction over workers' compensation issues.
(b) By January 15, 2008, the commissioner must make
recommendations to the legislature regarding funding sources available to
health care facilities for safe patient handling programs and equipment,
including, but not limited to, low interest loans, interest free loans, and
federal, state, or county grants.
Sec. 40. WORK GROUP; SAFE PATIENT HANDLING.
The Minnesota State Council on Disability shall
convene a work group comprised of representatives from the Minnesota Medical
Association and other organizations representing clinics, disability advocates,
and direct care workers, to do the following:
(1) assess the current options for and use of safe
patient handling equipment in unlicensed outpatient clinics, physician offices,
and dental settings;
(2) identify barriers to the use of safe patient
handling equipment in these settings; and
(3) define clinical settings that move patients to
determine applicability of the Safe Patient Handling Act.
The work group must report to the legislature by
January 15, 2008, including reports to the chairs of the senate and house of
representatives committees on workforce development.
Sec.
41. EFFECT ON RULES.
The commissioner of labor and industry shall amend
Minnesota Rules, part 5200.0910, to conform to Minnesota Statutes, section
181A.115. The commissioner may use the
good cause exemption in Minnesota Statutes, section 14.388, in adopting the
amendment required by this section.
Sec. 42. PUBLIC FACILITIES AUTHORITY FUNDING.
To the greatest practical extent, projects on the
Public Facilities Authority's 2007 intended use plan, the listings for which
were based on the Pollution Control Agency's 2006 project priority list, shall
be carried over to the 2008 intended use plan.
Projects that qualified for funding from the Public Facilities Authority
under Laws 2006, chapter 258, section 21, that could not be certified by the
Pollution Control Agency by the applicable deadline shall have until May 1,
2008, or six months after the Minnesota Supreme Court issues an opinion in the
cities of Maple Lake and Annandale matter, whichever is later, to obtain the
required certification from the Pollution Control Agency.
Sec. 43. REPEALER.
(a) Minnesota Statutes 2006, sections 16B.747,
subdivision 4; 16C.18, subdivision 2; 183.375, subdivision 5; 183.545,
subdivision 9; 326.241; 326.44; 326.52; and 326.64, are repealed.
(b) Minnesota Statutes 2006, section 326.975, is
repealed effective December 1, 2007.
ARTICLE 3
LICENSING AND WAGES
Section 1.
Minnesota Statutes 2006, section 16B.63, subdivision 5, is amended to
read:
Subd. 5. Interpretative authority. To achieve uniform and consistent
application of the State Building Code, the must
be published within ten business days of its issuance and made available to the
public. Municipal building officials
shall administer all final interpretations issued by the state building official
commissioner has final interpretative authority applicable to all codes
adopted as part of the State Building Code except for the Plumbing Code and the
Electrical Code when enforced by the State Board of Electricity. A final interpretative committee composed of
seven members, consisting of three building officials, two inspectors from the
affected field, and two construction industry representatives, shall review
requests for final interpretations relating to that field for which the
commissioner has final interpretative authority. A request The Plumbing Board has final interpretative
authority applicable to the state Plumbing Code and shall review requests for final
interpretation made to the board that relate to the state plumbing code. The Board of Electricity has final
interpretative authority applicable to the state Electrical Code and shall
review requests for final interpretation made to the board that relate to the
state Electrical Code. The Board of
High Pressure Piping Systems has final interpretative authority applicable to
the state High Pressure Piping Code and shall review requests for final
interpretation made to the board that relate to the state high pressure piping
code. Except for requests for final
interpretations that relate to the state plumbing code, the state Electrical
Code, and the state High Pressure Piping Code, requests for final
interpretation must come from a local or state level building code board of
appeals. The state building official
commissioner must establish procedures for membership of the final interpretative
committees. The appropriate committee
shall review the request and make a recommendation to the state building official
commissioner for the final interpretation within 30 days of the
request. The state building official
commissioner must issue an a final interpretation within ten
business days from after the receipt of the recommendation from
the review final interpretative committee. A The Plumbing Board, the Board of
Electricity, or the Board of High Pressure Piping Systems shall review a
request and issue a final interpretation within 30 days of the request. Any person aggrieved by final
interpretation may be appealed appeal within 30 days of its
issuance to by the commissioner under section 16B.67 or
the board in accordance with chapter 14.
The final interpretation state building
official commissioner until the final interpretations are considered
by the commissioner, the Plumbing Board, the Board of Electricity, or the Board
of High Pressure Piping Systems for adoption as part of the State Building
Code, state Plumbing Code, state Electrical Code, or the High Pressure
Piping Code.
Sec. 2.
Minnesota Statutes 2006, section 154.003, is amended to read:
154.003 FEES.
(a) The fees collected, as required in this chapter,
chapter 214, and the rules of the board, shall be paid to the executive
secretary of the board. The executive
secretary shall deposit the fees in the general fund in the state treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber,
$65;
(2) examination and certificate, apprentice, $60;
(3) examination, instructor, $160;
(4) certificate, instructor, $45;
(5) temporary teacher or apprentice permit, $50;
(6) renewal of license, registered barber, $50;
(7) renewal of license, apprentice, $45;
(8) renewal of license, instructor, $60;
(9) renewal of temporary teacher permit, $35;
(10) student permit, $25;
(11) initial shop registration, $60;
(12) initial school registration, $1,010;
(13) renewal shop registration, $60;
(14) renewal school registration, $260;
(15) restoration of registered barber license, $75;
(16) restoration of apprentice license, $70;
(17) restoration of shop registration, $85;
(18)
change of ownership or location, $35;
(19) duplicate license, $20; and
(20) home study course, $75; and
(21) registration of hair braiders, $20 per year.
Sec. 3. [154.465] HAIR BRAIDING.
Subdivision 1. Registration. Any person engaged in hair braiding
solely for compensation as a profession, except persons licensed as
cosmetologists, shall register with the Minnesota Board of Barber and
Cosmetology Examiners in a form determined by the board.
Subd. 2. Definition. "Hair braiding" means a natural
form of hair manipulation that results in tension on hair strands by beading,
braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving, or
wrapping human hair, natural fibers, synthetic fibers, and hair extensions into
a variety of shapes, patterns, and textures predominantly by hand and by only
using simple braiding devices, and maintenance thereof. Hair braiding includes what is commonly
known as "African-style hair braiding" or "natural hair
care" but is not limited to any particular cultural, ethnic, racial, or
religious forms of hair styles. Hair
braiding includes the making of customized wigs from natural hair, natural
fibers, synthetic fibers, and hair extensions.
Hair braiding includes the use of topical agents such as conditioners,
gels, moisturizers, oils, pomades, and shampoos. Hair braiding does not involve the use of penetrating chemical
hair treatments, chemical hair coloring agents, chemical hair straightening
agents, chemical hair joining agents, permanent wave styles, or chemical hair
bleaching agents applied to growing human hair. For purposes of this section, "simple hair braiding
devices" means clips, combs, curlers, curling irons, hairpins, rollers,
scissors, needles, thread, and hair binders including adhesives, if necessary,
that are required solely for hair braiding.
Subd. 3. Requirements. In order to qualify for initial
registration, any person engaged in hair braiding solely for compensation as a
profession, except persons licensed as cosmetologists, shall satisfactorily
complete instruction at either an accredited school, professional association,
or by an individual approved by the board.
Instruction includes coursework covering the topics of health, safety,
sanitation, and state laws related to cosmetology not to exceed 30 hours. The coursework is encouraged to be provided
in a foreign language format and such availability shall be reported to and
posted by the Minnesota Board of Barber and Cosmetology Examiners.
Subd. 4. Curriculum. An accredited school, professional
association, or an individual approved by the board desiring to provide the
coursework required under subdivision 3 shall have curriculum in place by
January 1, 2008.
EFFECTIVE
DATE. This section is effective July 1, 2008,
except subdivision 4 is effective the day following final enactment.
Sec. 4.
Minnesota Statutes 2006, section 177.27, subdivision 1, is amended to
read:
Subdivision 1.
Examination of records. The commissioner may enter during reasonable
office hours or upon request and inspect the place of business or employment of
any employer of employees working in the state, to examine and inspect books,
registers, payrolls, and other records of any employer that in any way relate
to wages, hours, and other conditions of employment of any employees. The commissioner may transcribe any or all
of the books, registers, payrolls, and other records as the commissioner deems
necessary or appropriate and may question the employees to ascertain compliance
with sections 177.21 to 177.35 177.435. The commissioner may investigate wage claims or complaints by an
employee against an employer if the failure to pay a wage may violate Minnesota
law or an order or rule of the department.
Sec.
5. Minnesota Statutes 2006, section
177.27, subdivision 4, is amended to read:
Subd. 4. Compliance orders. The commissioner may issue an order
requiring an employer to comply with sections 177.21 to 177.35
177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.12, 181.13,
181.14, 181.145, 181.15, and 181.79, or with any rule promulgated under section
177.28. The department shall serve the
order upon the employer or the employer's authorized representative in person
or by certified mail at the employer's place of business. An employer who wishes to contest the order
must file written notice of objection to the order with the commissioner within
15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a
written notice of objection with the commissioner, the order becomes a final
order of the commissioner.
Sec. 6.
Minnesota Statutes 2006, section 177.27, subdivision 8, is amended to
read:
Subd. 8. Court actions; suits brought by private
parties. An employee may bring a
civil action seeking redress for a violation or violations of sections 177.21
to 177.35 177.44 directly to district court. An employer who pays an employee less than
the wages and overtime compensation to which the employee is entitled under
sections 177.21 to 177.35 177.44 is liable to the employee for
the full amount of the wages, gratuities, and overtime compensation, less any
amount the employer is able to establish was actually paid to the employee and
for an additional equal amount as liquidated damages. In addition, in an action under this subdivision the employee may
seek damages and other appropriate relief provided by subdivision 7 and
otherwise provided by law. An agreement
between the employee and the employer to work for less than the applicable wage
is not a defense to the action.
Sec. 7.
Minnesota Statutes 2006, section 177.27, subdivision 9, is amended to
read:
Subd. 9. District court jurisdiction. Any action brought under subdivision 8 may
be filed in the district court of the county wherein a violation or violations
of sections 177.21 to 177.35 177.44 are alleged to have been
committed, where the respondent resides or has a principal place of business,
or any other court of competent jurisdiction.
The action may be brought by one or more employees.
Sec. 8.
Minnesota Statutes 2006, section 177.27, subdivision 10, is amended to
read:
Subd. 10. Attorney fees and costs. In any action brought pursuant to
subdivision 8, the court shall order an employer who is found to have committed
a violation or violations of sections 177.21 to 177.35 177.44 to
pay to the employee or employees reasonable costs, disbursements, witness fees,
and attorney fees.
Sec. 9.
Minnesota Statutes 2006, section 177.28, subdivision 1, is amended to
read:
Subdivision 1.
General authority. The commissioner may adopt rules, including
definitions of terms, to carry out the purposes of sections 177.21 to 177.35
177.44, to prevent the circumvention or evasion of those sections, and to
safeguard the minimum wage and overtime rates established by sections 177.24
and 177.25.
Sec. 10.
Minnesota Statutes 2006, section 177.30, is amended to read:
177.30 KEEPING
RECORDS; PENALTY.
Every employer subject to sections 177.21 to 177.35
177.44 must make and keep a record of:
(1) the name, address, and occupation of each
employee;
(2) the rate of pay, and the amount paid each pay
period to each employee;
(3) the hours worked each day
and each workweek by the employee; and
(4) for each employer subject to sections 177.41 to
177.44, and while performing work on public works projects funded in whole or
in part with state funds, the prevailing wage master job classification of each
employee working on the project for each hour worked; and
(4) (5) other information the commissioner finds necessary
and appropriate to enforce sections 177.21 to 177.35. The records must be kept for three years in or near the premises
where an employee works except each employer subject to sections 177.41 to
177.44, and while performing work on public works projects funded in whole or
in part with state funds, the records must be kept for three years after the
contracting authority has made final payment on the public works project.
The commissioner may fine an employer up to $1,000
for each failure to maintain records as required by this section. This penalty is in addition to any penalties
provided under section 177.32, subdivision 1.
In determining the amount of a civil penalty under this subdivision, the
appropriateness of such penalty to the size of the employer's business and the
gravity of the violation shall be considered.
Sec. 11.
Minnesota Statutes 2006, section 177.43, subdivision 3, is amended to
read:
Subd. 3. Contract requirements. The contract must specifically state the
prevailing wage rates, prevailing hours of labor, and hourly basic rates of
pay. The contract must also provide
that the contracting agency shall demand, and the contractor and subcontractor
shall furnish to the contracting agency, copies of any or all payrolls not more
than 14 days after the end of each pay period.
The payrolls must contain all the data required by section 177.30. The contracting authority may examine all
records relating to wages paid laborers or mechanics on work to which sections
177.41 to 177.44 apply.
Sec. 12.
Minnesota Statutes 2006, section 177.43, subdivision 4, is amended to
read:
Subd. 4. Determination by commissioner; posting;
petition for reconsideration.
The prevailing wage rates, prevailing hours of labor, and hourly basic
rates of pay for all trades and occupations required in any project must be
ascertained before the state asks for bids.
The commissioner of labor and industry shall investigate as necessary to
ascertain the information. The
commissioner Each contractor and subcontractor performing work on a
public project shall keep the information posted on the project in at least
one conspicuous place for the information of the employees working on the
project. A person aggrieved by a final
determination of the commissioner may petition the commissioner for
reconsideration of findings. A person
aggrieved by a decision of the commissioner after reconsideration may, within
20 days after the decision, petition the commissioner for a public hearing in
the manner of a contested case under sections 14.57 to 14.61.
Sec. 13.
Minnesota Statutes 2006, section 177.43, subdivision 6, is amended to
read:
Subd. 6. Examination of records; investigation by
the department. The Department
of Labor and Industry shall enforce this section. The department may demand, and the contractor and subcontractor
shall furnish to the department, copies of any or all payrolls. The department may examine all records
relating to wages paid laborers or mechanics on work to which sections 177.41
to 177.44 apply. The department
shall employ at least three investigators to perform on-site project reviews,
receive and investigate complaints of violations of this section, and conduct
training and outreach to contractors and contracting authorities for public
works projects financed in whole or in part with state funds.
Sec. 14. Minnesota Statutes 2006, section 177.43, is
amended by adding a subdivision to read:
Subd. 6a. Prevailing wage violations. Upon issuing a compliance order to an
employer pursuant to section 177.27, subdivision 4, for violation of sections
177.41 to 177.44, the commissioner shall issue a withholding order to the
contracting authority ordering the contracting authority to withhold payment of
sufficient sum to the prime or general contractor on the project to satisfy the
back wages assessed or otherwise cure the violation, and the contracting
authority must withhold the sum ordered until the compliance order has become a
final order of the commissioner and has been fully paid or otherwise resolved
by the employer.
During an investigation of a violation of sections
177.41 to 177.44 which the commissioner reasonably determines is likely to
result in the finding of a violation of sections 177.41 to 177.44 and the
issuance of a compliance order pursuant to section 177.27, subdivision 4, the
commissioner may notify the contracting authority of the determination and the
amount expected to be assessed and the contracting authority shall give the
commissioner 90 days' prior notice of the date the contracting authority
intends to make final payment.
Sec. 15. [181.723] INDEPENDENT CONTRACTORS.
Subdivision 1. Definitions. The definitions in this subdivision apply
to this section.
(a) "Person" means any individual, limited
liability corporation, corporation, partnership, incorporated or unincorporated
association, sole proprietorship, joint stock company, or any other legal or
commercial entity.
(b) "Department" means the Department of
Labor and Industry.
(c) "Commissioner" means the commissioner
of labor and industry or a duly designated representative of the commissioner
who is either an employee of the Department of Labor and Industry or person
working under contract with the Department of Labor and Industry.
(d) "Individual" means a human being.
(e) "Day" means calendar day unless
otherwise provided.
(f) "Knowingly" means knew or could have
known with the exercise of reasonable diligence.
(g) "Document" or "documents"
includes papers; books; records; memoranda; data; contracts; drawings; graphs;
charts; photographs; digital, video, and audio recordings; records; accounts;
files; statements; letters; e-mails; invoices; bills; notes; and calendars
maintained in any form or manner.
Subd. 2. Limited application. This section only applies to individuals
performing public or private sector commercial or residential building
construction or improvement services.
Subd. 3. Employee-employer relationship. Except as provided in subdivision 4, for
purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an
individual who performs services for a person that are in the course of the
person's trade, business, profession, or occupation is an employee of that
person and that person is an employer of the individual.
Subd. 4. Independent contractor. An individual is an independent
contractor and not an employee of the person for whom the individual is
performing services in the course of the person's trade, business, profession,
or occupation only if (1) the individual holds a current independent contractor
exemption certificate issued by the commissioner; and (2) the individual is
performing services for the person under the independent contractor exemption
certificate as provided in subdivision 6.
The requirements in clauses (1) and (2) must be met in order to qualify
as an independent contractor and not as an employee of the person for whom the
individual is performing services in the course of the person's trade,
business, profession, or occupation.
Subd. 5.
(a) A complete application must include all of the
following information:
(1) the individual's full name;
(2) the individual's residence address and telephone
number;
(3) the individual's business name, address, and
telephone number;
(4) the services for which the individual is seeking
an independent contractor exemption certificate;
(5) the individual's Social Security number;
(6) the individual's or the individual's business
federal employer identification number, if a number has been issued to the
individual or the individual's business;
(7) any information or documentation that the
commissioner requires by rule that will assist the department in determining
whether to grant or deny the individual's application; and
(8) the individual's sworn statement that the
individual meets all of the following conditions:
(i) maintains a separate business with the
individual's own office, equipment, materials, and other facilities;
(ii) holds or has applied for a federal employer
identification number or has filed business or self-employment income tax
returns with the federal Internal Revenue Service if the person has performed
services in the previous year for which the individual is seeking the independent
contractor exemption certificate;
(iii) operates under contracts to perform specific
services for specific amounts of money and under which the individual controls
the means of performing the services;
(iv) incurs the main expenses related to the service
that the individual performs under contract;
(v) is responsible for the satisfactory completion
of services that the individual contracts to perform and is liable for a
failure to complete the service;
(vi) receives compensation for service performed
under a contract on a commission or per-job or competitive bid basis and not on
any other basis;
(vii) may realize a profit or suffer a loss under
contracts to perform service;
(viii) has continuing or recurring business
liabilities or obligations; and
(ix) the success or failure of the individual's
business depends on the relationship of business receipts to expenditures.
(b) Individuals who are applying for or renewing a
residential building contractor or residential remodeler license under sections
326.83 to 326.992 and any rules promulgated pursuant thereto may simultaneously
apply for or renew an independent contractor exemption certificate. The commissioner shall create an application
form that allows for the simultaneous
application for both a residential building contractor or residential remodeler
license and an independent contractor exemption certificate. If individuals simultaneously apply for or
renew a residential building contractor or residential remodeler license and an
independent contractor exemption certificate using the form created by the
commissioner, individuals shall only be required to provide, in addition to the
information required by section 326.89 and rules promulgated pursuant thereto,
the sworn statement required by paragraph (a), clause (8), and any additional
information required by this subdivision that is not also required by section
326.89 and any rules promulgated thereto.
When individuals submit a simultaneous application on the form created
by the commissioner for both a residential building contractor or residential
remodeler license and an independent contractor exemption certificate, the
application fee shall be $150. An
independent contractor exemption certificate that is in effect before March 1,
2009, shall remain in effect until March 1, 2011, unless revoked by the
commissioner or cancelled by the individual.
(c) Within 30 days of receiving a complete
application and the certificate fee, the commissioner must either grant or deny
the application. The commissioner may
deny an application for an independent contractor exemption certificate if the
individual has not submitted a complete application and certificate fee or if
the individual does not meet all of the conditions for holding the independent
contractor exemption certificate. The
commissioner may revoke an independent contractor exemption certificate if the
commissioner determines that the individual no longer meets all of the
conditions for holding the independent contractor exemption certificate,
commits any of the actions set out in subdivision 7, or fails to cooperate with
a department investigation into the continued validity of the individual's
certificate. Once issued, an
independent contractor exemption certificate remains in effect for two years
unless:
(1) revoked by the commissioner; or
(2) canceled by the individual.
(d) If the department denies an individual's
original or renewal application for an independent contractor exemption
certificate or revokes an independent contractor exemption certificate, the
commissioner shall issue to the individual an order denying or revoking the
certificate. The commissioner may issue
an administrative penalty order to an individual or person who commits any of
the actions set out in subdivision 7.
(e) An individual or person to whom the commissioner
issues an order under paragraph (d) shall have 30 days after service of the
order to request a hearing. The request
for hearing must be in writing and must be served on or faxed to the
commissioner at the address or facsimile number specified in the order by the
30th day after service of the order. If
the individual does not request a hearing or if the individual's request for a
hearing is not served on or faxed to the commissioner by the 30th day after
service of the order, the order shall become a final order of the commissioner
and will not be subject to review by any court or agency. The date on which a request for hearing is
served by mail shall be the postmark date on the envelope in which the request
for hearing is mailed. If the
individual serves or faxes a timely request for hearing, the hearing shall be a
contested case hearing and shall be held in accordance with chapter 14.
Subd. 6. Performing services under exemption
certificate. An individual
is performing services for a person under an independent contractor exemption
certificate if:
(a) the individual is performing services listed on
the individual's independent contractor exemption certificate; and
(b) at the time the individual is performing
services listed on the individual's independent contractor exemption
certificate, the individual meets all of the following conditions:
(1) maintains a separate business with the
individual's own office, equipment, materials, and other facilities;
(2) holds or has applied for a
federal employer identification number or has filed business or self-employment
income tax returns with the federal Internal Revenue Service if the individual
performed services in the previous year for which the individual has the
independent contractor exemption certificate;
(3) is operating under contract to perform the
specific services for the person for specific amounts of money and under which
the individual controls the means of performing the services;
(4) is incurring the main expenses related to the
services that the individual is performing for the person under the contract;
(5) is responsible for the satisfactory completion
of the services that the individual has contracted to perform for the person
and is liable for a failure to complete the services;
(6) receives compensation from the person for the
services performed under the contract on a commission or per-job or competitive
bid basis and not on any other basis;
(7) may realize a profit or suffers a loss under the
contract to perform services for the person;
(8) has continuing or recurring business liabilities
or obligations; and
(9) the success or failure of the individual's
business depends on the relationship of business receipts to expenditures.
Subd. 7. Prohibited activities. (a) An individual shall not:
(1) perform work as an independent contractor who
meets the qualifications under subdivision 6 without first obtaining from the
department an independent contractor exemption certificate;
(2) perform work as an independent contractor when
the department has denied or revoked the individual's independent contractor
exemption certificate;
(3) transfer to another individual or allow another
individual to use the individual's independent contractor exemption
certificate;
(4) alter or falsify an independent contractor
exemption certificate;
(5) misrepresent the individual's status as an
independent contractor; or
(6) make a false material statement, representation,
or certification; omit material information; or alter, conceal, or fail to file
a document required by this section or any rule promulgated by the commissioner
under rulemaking authority set out in this section.
(b) A person shall not:
(1) require an individual through coercion,
misrepresentation, or fraudulent means to adopt independent contractor status;
(2) knowingly misrepresent that an individual who
has not been issued an independent contractor exemption certificate or is not
performing services for the person under an independent contractor exemption
certificate is an independent contractor; or
(3)
make a false material statement, representation, or certification; omit
material information; or alter, conceal, or fail to file a document required by
this section or any rule promulgated by the commissioner under rulemaking
authority set out in this section.
(c) A person for whom an individual is performing
services must obtain a copy of the individual's independent contractor
exemption certificate before services may commence. A copy of the independent contractor exemption certificate must
be retained for five years from the date of receipt by the person for whom an
individual is performing services.
Subd. 8. Remedies. An individual or person who violates any
provision of subdivision 7 is subject to a penalty to be assessed by the
department of up to $5,000 for each violation.
The department shall deposit penalties in the assigned risk safety
account.
Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of
this section, the commissioner may:
(1) administer oaths and affirmations, certify
official acts, interview, question, take oral or written statements, and take
depositions;
(2) request, examine, take possession of,
photograph, record, and copy any documents, equipment, or materials;
(3) at a time and place indicated by the
commissioner, request persons to appear before the commissioner to give
testimony and produce documents, equipment, or materials;
(4) issue subpoenas to compel persons to appear
before the commissioner to give testimony and produce documents, equipment, or
materials; and
(5) subject to paragraph (c), with or without
notice, enter without delay upon any property, public or private, for the
purpose of taking any action authorized under this subdivision or the
applicable law, including obtaining information or conducting inspections or
investigations.
(b) Persons requested by the commissioner to give
testimony or produce documents, equipment, or materials shall respond within
the time and in the manner specified by the commissioner. If no time to respond is specified in the
request, then a response shall be submitted within 30 days of the
commissioner's service of the request.
(c) Upon the refusal or anticipated refusal of a
property owner, lessee, property owner's representative, or lessee's
representative to permit the commissioner's entry onto property as provided in
paragraph (a), the commissioner may apply for an administrative inspection
order in the Ramsey County District Court or, at the commissioner's discretion,
in the district court in the county in which the property is located. The commissioner may anticipate that a
property owner or lessee will refuse entry if the property owner, lessee,
property owner's representative, or lessee's representative has refused to
permit entry on a prior occasion or has informed the commissioner that entry
will be refused. Upon showing of
administrative probable cause by the commissioner, the district court shall
issue an administrative inspection order that compels the property owner or
lessee to permit the commissioner to enter the property for the purposes
specified in paragraph (a).
(d) Upon the application of the commissioner, a
district court shall treat the failure of any person to obey a subpoena
lawfully issued by the commissioner under this subdivision as a contempt of
court.
Subd. 10. Notice requirements. Unless otherwise specified, service of a
document on a person under this section may be by mail, by personal service, or
in accordance with any consent to service filed with the commissioner. Service by mail shall be accomplished in the
manner provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service shall be accomplished in
the manner provided in Minnesota Rules, part 1400.5550, subpart 3.
Subd.
11.
Subd. 12. Time period computation. In computing any period of time
prescribed or allowed by this section, the day of the act, event, or default
from which the designated period of time begins to run shall not be
included. The last day of the period so
computed shall be included, unless it is a Saturday, Sunday, or legal holiday,
in which event the period runs until the next day which is not a Saturday, Sunday,
or legal holiday.
Subd. 13. Rulemaking. The commissioner may, in consultation
with the commissioner of revenue and the commissioner of employment and
economic development, adopt, amend, suspend, and repeal rules under the
rulemaking provisions of chapter 14 that relate to the commissioner's
responsibilities under this section.
This subdivision is effective the day following final enactment.
Subd. 14. Fee. The certificate fee for the original application and for the
renewal of an independent contractor exemption certificate shall be $150.
Subd. 15. Notice to commissioner; review by
commissioner of revenue. When
the commissioner has reason to believe that an individual who holds a
certificate has failed to maintain all the conditions required by subdivision 6
or is not performing services for a person under the independent contractor
exemption certificate, the commissioner must notify the commissioner of revenue
and the commissioner of employment and economic development. Upon receipt of notification from the
commissioner that an individual who holds a certificate has failed to maintain
all the conditions required by subdivision 6 or is not performing services for
a person under the independent contractor exemption certificate, the
commissioner of revenue must review the information returns required under
section 6041A of the Internal Revenue Code.
The commissioner of revenue shall also review the submitted
certification that is applicable to returns audited or investigated under
section 289A.35.
Subd. 16. Data classified. Data in applications for an independent
contractor exemption certificate and any required documentation submitted to
the commissioner are private data on individuals as defined in section
13.02. Data in exemption certificates
issued by the commissioner are public data.
Data that document a revocation or cancellation of an exemption
certificate are public data. Upon
request of the Department of Revenue or Department of Employment and Economic
Development, the commissioner may release to the requesting department data
classified as private under this subdivision or investigative data that are not
public under section 13.39 that relate to the issuance or denial of
applications or revocations of certificates.
EFFECTIVE
DATE. This section is effective July 1, 2008.
Sec. 16.
Minnesota Statutes 2006, section 181.932, subdivision 1, is amended to
read:
Subdivision 1.
Prohibited action. An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or privileges of
employment because:
(a) the employee, or a person acting on behalf of an
employee, in good faith, reports a violation or suspected violation of any federal
or state law or rule adopted pursuant to law to an employer or to any
governmental body or law enforcement official;
(b)
the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(c) the employee refuses an employer's order to
perform an action that the employee has an objective basis in fact to believe
violates any state or federal law or rule or regulation adopted pursuant to
law, and the employee informs the employer that the order is being refused for
that reason; or
(d) the employee, in good faith, reports a situation
in which the quality of health care services provided by a health care
facility, organization, or health care provider violates a standard established
by federal or state law or a professionally recognized national clinical or
ethical standard and potentially places the public at risk of harm.;
or
(e) a public employee communicates the findings of a
scientific or technical study that the employee, in good faith, believes to be
truthful and accurate, including reports to a governmental body or law
enforcement official.
The disclosures protected
pursuant to this section do not authorize the disclosure of data otherwise
protected by law.
Sec. 17.
Minnesota Statutes 2006, section 181.935, is amended to read:
181.935
INDIVIDUAL REMEDIES; PENALTY.
(a) In addition to any remedies otherwise provided
by law, an employee injured by a violation of section 181.932 may bring a civil
action to recover any and all damages recoverable at law, together with costs
and disbursements, including reasonable attorney's fees, and may receive such
injunctive and other equitable relief as determined by the court.
(b) An employer who failed to notify, as required
under section 181.933 or 181.934, an employee injured by a violation of section
181.932 is subject to a civil penalty of $25 per day per injured employee not
to exceed $750 per injured employee.
(c) If the district court determines that a
violation of section 181.932 occurred, the court may order any appropriate
relief, including but not limited to reinstatement, back-pay, restoration of
lost service credit, if appropriate, compensatory damages, and the expungement
of any adverse records of an employee who was the subject of the alleged acts of
misconduct.
Sec. 18.
Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to
read:
Subd. 6. Scope; limitations. (a) This section applies to a sales
representative who, during some part of the period of the sales representative
agreement:
(1) is a resident of Minnesota or maintains that
person's principal place of business in Minnesota; or
(2) whose geographical territory specified in the
sales representative agreement includes part or all of Minnesota.
(b) To be effective, any demand for arbitration
under subdivision 5 must be made in writing and delivered to the principal on
or before one year after the effective date of the termination of the
agreement.
(c) A provision in any contract between a sales
representative dealing in plumbing equipment or supplies and a principal
purporting to waive any provision of this act, whether by express waiver or by
a provision stipulating that the contract is subject to the laws of another
state, shall be void.
Sec.
19. Minnesota Statutes 2006, section
326.37, subdivision 1, is amended to read:
Subdivision 1.
Rules. The state commissioner of health
Plumbing Board may, by rule, prescribe minimum standards which shall be
uniform, and which standards shall thereafter be effective for all new plumbing
installations, including additions, extensions, alterations, and replacements
connected with any water or sewage disposal system owned or operated by or for
any municipality, institution, factory, office building, hotel, apartment
building, or any other place of business regardless of location or the
population of the city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
4715.3130, as they apply to review of plans and specifications, the
commissioner may allow plumbing construction, alteration, or extension to
proceed without approval of the plans or specifications by the commissioner.
Except for powers granted to the Plumbing Board, the commissioner of labor
and industry shall administer the provisions of sections 326.37 to 326.45
and for such purposes may employ plumbing inspectors and other assistants.
Sec. 20.
Minnesota Statutes 2006, section 326.37, is amended by adding a
subdivision to read:
Subd. 4. Air admittance valves and water-free
urinals prohibited. (a) Mechanical
devices and fittings with internal moving parts are prohibited from
installation in plumbing venting systems.
(b) All urinals covered under the jurisdiction of
the state Plumbing Code must have a water flush device with a volume of not
more than one gallon per use.
Sec. 21. [326.372] PLUMBING BOARD.
Subdivision 1. Composition. (a) The Plumbing Board shall consist of
13 members. Eleven members shall be
appointed by the governor with the advice and consent of the senate and shall
be voting members. Appointments of
members by the governor shall be made in accordance with section 15.066. If the senate votes to refuse to consent to
an appointment of a member made by the governor, the governor shall appoint a
new member with the advice and consent of the senate. One member shall be the commissioner of labor and industry or the
designee, who shall be a voting member.
One member shall be the commissioner of health or the designee, who
shall not be a voting member. Of the 11
appointed members, the composition shall be as follows:
(1) two members shall be municipal plumbing
inspectors, one from the metropolitan area and one from greater Minnesota;
(2) one member shall a be licensed professional
engineer specializing in plumbing designs or systems;
(3) two members shall be commercial/industrial
plumbing contractors, one from the metropolitan area and one from greater
Minnesota;
(4) one member shall be a residential plumbing
contractor;
(5) two members shall be commercial/industrial
journeymen, one from the metropolitan area and one from greater Minnesota;
(6) one member shall be a residential plumbing
journeyman;
(7) one member shall be a water conditioning
contractor; and
(8) one member shall be a municipal public water
supply system operator or superintendent.
(b) One of the municipal
plumbing inspectors shall be appointed for an initial term to end on December
31, 2010, and one municipal plumbing inspector shall be appointed for an
initial term to end on December 31, 2011.
The professional engineer shall be appointed for an initial term to end
on December 31, 2011. One of the
commercial/industrial plumbing contractors shall be appointed for an initial
term to end on December 31, 2010, and one commercial/industrial plumbing
contractor shall be appointed for an initial term to end on December 31,
2011. The residential plumbing
contractor shall be appointed for an initial term to end on December 31,
2010. One of the commercial/industrial
plumbing journeymen shall be appointed for an initial term to end on December
31, 2011, and one commercial/industrial plumbing journeyman shall be appointed
for an initial term to end on December 31, 2010. The residential plumbing journeyman shall be appointed for an
initial term to end on December 31, 2011.
The water conditioning contractor shall be appointed for an initial term
to end on December 31, 2010. The
municipal public water supply system operator or superintendent shall be
appointed for an initial term to end on December 31, 2011.
(c) The licensed professional engineer must possess
a current Minnesota professional engineering license and maintain the license
for the duration of the term served on the board. All other appointed members, except the water conditioning
contractor and the municipal public water supply system operator or
superintendent, must possess a current plumbing license issued by the
Department of Labor and Industry and maintain that license for the duration of
their terms. The water conditioning
contractor must be licensed as a water conditioning contractor by the
department and maintain the license for the duration of the term served on the
board. All appointed members must be
residents of Minnesota at the time of and throughout their terms. The term of any appointed member who does
not maintain membership qualification status shall end on the date of status
change and the governor shall appoint a replacement member. It is the responsibility of the member to
notify the board of a change in the member's status.
(d) For appointed members, except the initial terms
designated in paragraph (a), each term shall be three years with the terms
ending on the first Monday in January.
Members appointed by the governor shall be limited to three consecutive
terms. The governor shall, all or in
part, reappoint the current members or appoint replacement members with the
advice and consent of the senate.
Midterm vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than six
months time remaining in the term shall be filled for the existing term and the
following three-year term. Members may
serve until successors are appointed but in no case later than July 1 in a year
in which the term expires unless reappointed.
Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
(1) elect its chair, vice-chair, and secretary;
(2) adopt bylaws that specify the duties of its
officers, the meeting dates of the board, and contain such other provisions as
may be useful and necessary for the efficient conduct of the business of the
board;
(3) adopt the Plumbing Code that must be followed in
this state and any Plumbing Code amendments thereto. The board shall adopt the Plumbing Code and any amendments
thereto pursuant to chapter 14, and as provided in subdivision 6, paragraphs
(b), (c), and (d);
(4) review requests for final interpretations and
issue final interpretations as provided in section 16B.63, subdivision 5;
(5) adopt rules that regulate the licensure or
registration of plumbing contractors, journeymen, apprentices, master plumbers,
restricted master plumbers, and restricted journeymen and other persons engaged
in the design, installation, and alteration of plumbing systems, except for
those individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant
to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
(6) adopt rules that regulate
continuing education for individuals licensed or registered as plumbing contractors,
journeymen, apprentices, master plumbers, restricted master plumbers, and
restricted journeymen or other persons engaged in the design, installation, and
alteration of plumbing systems licensed pursuant to sections 326.37 to 326.45. The board shall adopt these rules pursuant
to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
(7) advise the commissioner regarding educational
requirements for plumbing inspectors;
(8) refer complaints or other communications,
whether oral or written, that allege or imply a violation of a statute, rule,
or order that the commissioner has the authority to enforce pertaining to code
compliance, licensure, or an offering to perform or performance of unlicensed
plumbing services to the commissioner under subdivision 8;
(9) approve per diem and expenses deemed necessary
for its members as provided in subdivision 3;
(10) approve license reciprocity agreements;
(11) select from its members individuals to serve on
any other state advisory council, board, or committee; and
(12) recommend the fees for licenses and
certifications.
Except for the powers granted to the Plumbing Board,
the commissioner of labor and industry shall administer and enforce the
provisions of sections 326.37 to 326.45 and any rules promulgated pursuant
thereto.
(b) The board shall comply with section 15.0597,
subdivisions 2 and 4.
(c) The commissioner shall coordinate the board's
rulemaking and recommendations with the recommendations and rulemaking
conducted by the other boards. The
commissioner shall provide staff support to the board. The support includes professional, legal,
technical, and clerical staff necessary to perform rulemaking and other duties
assigned to the board. The commissioner
of labor and industry shall supply necessary office space and supplies to
assist the board in its duties.
Subd. 3. Compensation. (a) Members of the board may be
compensated at the rate of $55 a day spent on board activities, when authorized
by the board, plus expenses in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent
attending board meetings, incur child care expenses that would not otherwise
have been incurred, may be reimbursed for those expenses upon board
authorization.
(b) Members who are state employees or employees of
the political subdivisions of the state must not receive the daily payment for
activities that occur during working hours for which they are compensated by
the state or political subdivision.
However, a state or political subdivision employee may receive the daily
payment if the employee uses vacation time or compensatory time accumulated in
accordance with a collective bargaining agreement or compensation plan for
board activities. Members who are state
employees or employees of the political subdivisions of the state may receive
the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members
who are state employees or employees of political subdivisions of the state may
be reimbursed for child care expenses only for time spent on board activities
that are outside their working hours.
(c) The board shall adopt internal standards
prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this
subdivision.
Subd. 4.
(b) Vacancies shall be filled pursuant to section
15.0597, subdivisions 5 and 6.
Subd. 5. Membership vacancies within three months
of appointment. Notwithstanding
any law to the contrary, when a seat on the board becomes vacant within three
months after being filled through the appointment process, the governor may,
upon notification to the Office of the Secretary of State, choose a new member
from the applications on hand and need not repeat the process.
Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from
its members a chair, vice-chair, and secretary. A quorum of the board shall consist of a majority of members of
the board qualified to vote on the matter in question. All questions concerning the manner in which
a meeting is conducted or called that are not covered by statute shall be
determined by Robert's Rules of Order (revised) unless otherwise specified by
the bylaws.
(b) Except as provided in paragraph (c), each
Plumbing Code amendment considered by the board that receives an affirmative
two-thirds or more majority vote of all of the voting members of the board
shall be included in the next Plumbing Code rulemaking proceeding initiated by
the board. If a Plumbing Code amendment
considered, or reconsidered, by the board receives less than a two-thirds
majority vote of all of the voting members of the board, the Plumbing Code
amendment shall not be included in the next Plumbing Code rulemaking proceeding
initiated by the board.
(c) If the Plumbing Code amendment considered by the
board is to replace the Minnesota Plumbing Code with a model Plumbing Code,
then the amendment may only be included in the next Plumbing Code rulemaking
proceeding if it receives an affirmative two-thirds or more majority vote of
all of the voting members of the board.
(d) The board may reconsider Plumbing Code
amendments during an active Plumbing Code rulemaking proceeding in which the
amendment previously failed to receive a two-thirds majority vote or more of
all of the voting members of the board only if new or updated information that
affects the Plumbing Code amendment is presented to the board. The board may also reconsider failed
Plumbing Code amendments in subsequent Plumbing Code rulemaking proceedings.
(e) Except as provided in paragraph (f), each
proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and
(6), that receives an affirmative majority vote of all of the voting members of
the board shall be included in the next rulemaking proceeding initiated by the
board. If a proposed rule or rule
amendment considered, or reconsidered, by the board receives less than an
affirmative majority vote of all of the voting members of the board, the
proposed rule or rule amendment shall not be included in the next rulemaking
proceeding initiated by the board.
(f) The board may reconsider a proposed rule or rule
amendment during an active rulemaking proceeding in which the amendment previously
failed to receive an affirmative majority vote of all of the voting members of
the board only if new or updated information that affects the proposed rule or
rule amendment is presented to the board.
The board may also reconsider a failed proposed rule or rule amendment
in subsequent rulemaking proceedings.
Subd. 7. Board meetings. (a) The board shall hold meetings at such
times as the board shall specify.
Notice and conduct of all meetings shall be pursuant to chapter 13D and
in such a manner as the bylaws may provide.
(b) If compliance with section
13D.02 is impractical, the board 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 board 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 board can hear clearly all discussion and testimony and
all votes of members of the board and, if needed, receive those services
required by sections 15.44 and 15.441;
(3) at least one member of the board 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.
(c) Each member of the board 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.
(d) If telephone or other electronic means is used
to conduct a regular, special, or emergency meeting, the board, to the extent
practical, shall allow a person to monitor the meeting electronically from a
remote location. The board may require
the person making such a connection to pay for documented costs that the board
incurs as a result of the additional connection.
(e) If telephone or other electronic means is used
to conduct a regular, special, or emergency meeting, the board 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.
Subd. 8. Complaints. (a) The board shall promptly forward to
the commissioner the substance of any complaint or communication it receives,
whether written or oral, that alleges or implies a violation of a statute,
rule, or order that the commissioner has the authority to enforce pertaining to
the license or registration of any person authorized by the department to
provide plumbing services, the performance or offering to perform plumbing
services requiring licensure by an unlicensed person, or Plumbing Code
compliance. Each complaint or
communication that is forwarded to the commissioner shall be submitted on a
form provided by the commissioner.
(b) The commissioner shall advise the board of the
status of a complaint within 90 days after the board's written submission is
received, or within 90 days after the board is provided with a written request
for additional information or documentation from the commissioner or the
commissioner's designee, whichever is later.
The commissioner shall advise the board of the disposition of a
complaint referred by the board within 180 days after the board's written
submission is received. The
commissioner shall annually report to the board a summary of the actions taken
in response to complaints referred by the board.
Subd. 9. Data Practices Act. The board is subject to chapter 13, the
Minnesota Government Data Practices Act, and shall protect from unlawful
disclosure data classified as not public.
Subd. 10. Official records. The board shall make and preserve all
records necessary to a full and
accurate knowledge of its official activities in accordance with section 15.17.
Sec. 22. Minnesota Statutes 2006, section 326.38, is
amended to read:
326.38 LOCAL
REGULATIONS.
Any city having a system of waterworks or sewerage,
or any town in which reside over 5,000 people exclusive of any statutory cities
located therein, or the metropolitan airports commission, may, by ordinance,
adopt local regulations providing for plumbing permits, bonds, approval of
plans, and inspections of plumbing, which regulations are not in conflict with
the plumbing standards on the same subject prescribed by the state commissioner
of health Plumbing Board. No
city or such town shall prohibit plumbers licensed by the state commissioner of
health labor and industry from engaging in or working at the
business, except cities and statutory cities which, prior to April 21, 1933, by
ordinance required the licensing of plumbers.
No city or town may require a license for persons performing building
sewer or water service installation who have completed pipe laying training as
prescribed by the commissioner of labor and industry. Any city by ordinance may prescribe regulations, reasonable
standards, and inspections and grant permits to any person, firm, or
corporation engaged in the business of installing water softeners, who is not
licensed as a master plumber or journeyman plumber by the state commissioner of
health labor and industry, to connect water softening and water filtering
equipment to private residence water distribution systems, where provision has
been previously made therefor and openings left for that purpose or by use of
cold water connections to a domestic water heater; where it is not necessary to
rearrange, make any extension or alteration of, or addition to any pipe,
fixture or plumbing connected with the water system except to connect the water
softener, and provided the connections so made comply with minimum standards
prescribed by the state commissioner of health Plumbing Board.
Sec. 23.
Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to
read:
Subdivision 1.
License required; master and
journeyman plumbers. In any
city now or hereafter having 5,000 or more population, according to the last
federal census, and having a system of waterworks or sewerage, (a) No
person, firm, or corporation shall engage in or work at the business of a
master plumber or, restricted master plumber, journeyman plumber,
and restricted journeyman plumber unless licensed to do so by the state
commissioner of health labor and industry. A license is not required for persons
performing building sewer or water service installation who have completed pipe
laying training as prescribed by the commissioner of labor and industry. A master plumber may also work as a
journeyman plumber, a restricted journeyman plumber, and a restricted master
plumber. A journeyman plumber may also
work as a restricted journeyman plumber.
Anyone not so licensed may do plumbing work which complies with the
provisions of the minimum standard standards prescribed by the
state commissioner of health Plumbing Board on premises or that
part of premises owned and actually occupied by the worker as a residence,
unless otherwise forbidden to do so by a local ordinance.
In any such city (b) No person, firm, or corporation
shall engage in the business of installing plumbing nor install plumbing in
connection with the dealing in and selling of plumbing material and supplies
unless at all times a licensed master plumber, or in cities and towns with a
population of fewer than 5,000 according to the federal census a restricted
master plumber, who shall be responsible for proper installation, is in
charge of the plumbing work of the person, firm, or corporation.
The Department of Health Plumbing Board shall
prescribe rules, not inconsistent herewith, for the examination and licensing
of plumbers.
Sec. 24.
Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to
read:
Subd. 2. Journeyman exam. A plumber's apprentice who has completed
four years of practical plumbing experience is eligible to take the journeyman
plumbing examination. Up to 24 months
of practical plumbing experience prior to registration as an apprentice may be
applied to the four-year experience requirement. However, none of this practical plumbing experience may be
applied if the person did not have any practical plumbing experience
in the 12-month period immediately prior to registration. The commissioner Plumbing Board
may adopt rules to evaluate whether the person's past practical plumbing
experience is applicable in preparing for the journeyman's examination. If two years after completing the training
the person has not taken the examination, the four years of experience shall be
forfeited.
The commissioner may allow an extension of the
two-year period for taking the exam for cases of hardship or other appropriate
circumstances.
Sec. 25. [326.402] RESTRICTED PLUMBER LICENSE.
Subdivision 1. Licensure. The commissioner of labor and industry
shall grant a restricted journeyman or restricted master plumber license to an
individual if:
(1) the individual completes an application with
information required by the commissioner of labor and industry;
(2) the completed application is accompanied by a
fee of $90;
(3) the commissioner of labor and industry receives
the completed application and fee before January 1, 2008;
(4) the completed application demonstrates that the
applicant has had at least two years for a restricted journeyman plumber
license or four years for a restricted master plumber license of practical
plumbing experience in the plumbing trade prior to the application; and
(5) during the entire time for which the applicant
is claiming experience in contracting for plumbing work under clause (4), the
applicant was in compliance with all applicable requirements of section 326.40.
Subd. 2. Use of license. A restricted master plumber and
restricted journeyman plumber may engage in the plumbing trade in all areas of
the state except in cities and towns with a population of more than 5,000
according to the federal census.
Subd. 3. Application period. Applications for restricted master
plumber and restricted journeyman plumber licenses must be submitted to the
commissioner prior to January 1, 2008.
Subd. 4. Renewal; use period for license. A restricted master plumber and
restricted journeyman plumber license must be renewed annually for as long as
that licensee engages in the plumbing trade.
Failure to renew a restricted master plumber and restricted journeyman
plumber license within 12 months after the expiration date will result in
permanent forfeiture of the restricted master plumber and restricted journeyman
plumber license.
Subd. 5. Prohibition of transference. A restricted master plumber and
restricted journeyman plumber license may not be transferred or sold to any
other person.
Subd. 6. Bond; insurance. A restricted master plumber licensee is
subject to the bond and insurance requirements of section 326.40, subdivision
2, unless the exemption provided by section 326.40, subdivision 3, applies.
Subd. 7. Fee. The annual fee for the restricted master plumber and
restricted journeyman plumber licenses is the same fee as for a master or journeyman
plumber license, respectively.
Sec.
26. Minnesota Statutes 2006, section
326.405, is amended to read:
326.405
RECIPROCITY WITH OTHER STATES.
The commissioner of health may license without
examination, upon payment of the required fee, nonresident applicants who are
licensed under the laws of a state having standards for licensing plumbers
which the commissioner determines are substantially equivalent to the standards
of this state if the other state grants similar privileges to Minnesota residents
duly licensed in this state. The commissioner may issue a temporary license
without examination, upon payment of the required fee, nonresident applicants
who are licensed under the laws of a state having standards for licensing which
the commissioner determines are substantially equivalent to the standards of
this state if the other state grants similar privileges to Minnesota residents
duly licensed in this state. Applicants
who receive a temporary license under this section may acquire an aggregate of
24 months of experience before they have to apply and pass the licensing
examination. Applicants must register
with the commissioner of labor and industry and the commissioner shall set a
fee for a temporary license. Applicants
have five years in which to comply with this section.
Sec. 27.
Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to
read:
Subdivision 1.
Application. Applications for plumber's license shall be
made to the state commissioner of health labor and industry, with
fee. Unless the applicant is entitled
to a renewal, the applicant shall be licensed by the state commissioner of health
labor and industry only after passing a satisfactory examination
administered by the examiners commissioner of labor and industry,
based upon rules adopted by the Plumbing Board showing fitness. Examination fees for both journeyman and
master plumbers shall be in an amount prescribed by the state commissioner of health
labor and industry pursuant to section 144.122. Upon being notified that of having successfully passed the
examination for original license the applicant shall submit an application,
with the license fee herein provided.
License fees shall be in an amount prescribed by the state commissioner
of health labor and industry pursuant to section 144.122. Licenses shall expire and be renewed as
prescribed by the commissioner pursuant to section 144.122.
Sec. 28. [326B.04] DEPOSIT OF MONEY.
Subdivision 1. Construction code fund. There is created in the state treasury a construction
code fund as a special revenue fund for the purpose of administering this
chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those sections, except penalties, is
credited to the construction code fund unless otherwise specifically designated
by law. Any interest or profit accruing
from investment of these sums is credited to the construction code fund. All money collected in the construction code
fund is appropriated to the commissioner of labor and industry to administer
and enforce the provisions of the laws identified in this section.
Unless otherwise provided by law, all penalties
assessed under this chapter, section 327.35, and chapter 327B are credited to
the assigned risk safety account established by section 79.253.
Subd. 2. Deposits. All remaining balances as of June 30,
2007, in the state government special revenue fund and special revenue fund
accounts maintained for the Building Codes and Standards Division, Board of
Electricity, and plumbing and engineering unit are transferred to the
construction code fund. Unless
otherwise specifically designated by law:
(1) all money collected under chapter 183 and sections 16B.59 to 16B.76;
144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to 326.521; 326.57
to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except
penalties, is credited to the construction code fund; (2) all fees collected
under section 45.23 in connection with continuing education for residential
contractors, residential remodelers, and residential roofers are credited to
the construction code fund; and (3) all penalties assessed under the sections
set forth in clauses (1) and (2) and all penalties assessed under sections
144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
or 326.57 to 327.65 or the rules adopted under those sections are credited to
the assigned risk safety account established by section 79.253.
Sec.
29. [326B.89] CONTRACTOR RECOVERY FUND.
Subdivision 1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them.
(b) "Gross annual receipts" means the
total amount derived from residential contracting or residential remodeling
activities, regardless of where the activities are performed, and must not be
reduced by costs of goods sold, expenses, losses, or any other amount.
(c) "Licensee" means a person licensed as
a residential contractor or residential remodeler.
(d) "Residential real estate" means a new
or existing building constructed for habitation by one to four families, and
includes detached garages.
(e) "Fund" means the contractor recovery
fund.
Subd. 2. Generally. The contractor recovery fund is created
in the state treasury and shall be administered by the commissioner for the
purposes described in this section. Any
interest or profit accruing from investment of money in the fund shall be
credited to the contractor recovery fund.
Subd. 3. Fund fees. In addition to any other fees, a person
who applies for or renews a license under sections 326.83 to 326.98 shall pay a
fee to the fund. The person shall pay,
in addition to the appropriate application or renewal fee, the following
additional fee that shall be deposited in the fund. The amount of the fee shall be based on the person's gross annual
receipts for the person's most recent fiscal year preceding the application or
renewal, on the following scale:
Fee Gross Annual
Receipts
$160 under
$1,000,000
$210 $1,000,000 to
$5,000,000
$260 over
$5,000,000
Subd. 4. Purpose of fund. The
purpose of this fund is to:
(1) compensate owners or lessees of residential real estate who meet
the requirements of this section;
(2) reimburse the department for all legal and administrative expenses,
disbursements, and costs, including staffing costs, incurred in administering
and defending the fund;
(3) pay for educational or research projects in the field of
residential contracting to further the purposes of sections 326B.801 to
326B.825; and
(4) provide information to the public on residential contracting
issues.
Subd. 5. Payment limitations.
Except as otherwise provided in this section, the commissioner shall
not pay compensation from the fund to an owner or a lessee in an amount greater
than $75,000. Except as otherwise
provided in this section, the commissioner shall not pay compensation from the
fund to owners and lessees in an amount that totals more than $150,000 per
licensee. The commissioner shall not
pay compensation from the fund for a final judgment based on a cause of action
that arose before the commissioner's receipt of the licensee's fee required by
subdivision 3.
Subd.
6.
(1) the specific grounds upon which the owner or lessee seeks to
recover from the fund:
(2) that the owner or the lessee has obtained a final judgment in a
court of competent jurisdiction against a licensee licensed under section
326B.803;
(3) that the final judgment was obtained against the licensee on the
grounds of fraudulent, deceptive, or dishonest practices, conversion of funds,
or failure of performance that arose directly out of a transaction that
occurred when the licensee was licensed and performing any of the special
skills enumerated under section 326B.802, subdivision 19;
(4) the amount of the owner's or the lessee's actual and direct
out-of-pocket loss on the owner's residential real estate, on residential real
estate leased by the lessee, or on new residential real estate that has never
been occupied or that was occupied by the licensee for less than one year prior
to purchase by the owner;
(5) that the residential real estate is located in Minnesota;
(6) that the owner or the lessee is not the spouse of the licensee or
the personal representative of the licensee;
(7) the amount of the final judgment, any amount paid in satisfaction
of the final judgment, and the amount owing on the final judgment as of the
date of the verified application; and
(8) that the verified application is being served within two years
after the judgment became final.
The owner's and the lessee's actual and direct out-of-pocket loss shall
not include attorney fees, interest on the loss, and interest on the final
judgment obtained as a result of the loss.
An owner or lessee may serve a verified application regardless of
whether the final judgment has been discharged by a bankruptcy court. A judgment issued by a court is final if all
proceedings on the judgment have either been pursued and concluded or been
forgone, including all reviews and appeals.
For purposes of this section, owners who are joint tenants or tenants in
common are deemed to be a single owner.
For purposes of this section, owners and lessees eligible for payment of
compensation from the fund shall not include government agencies, political
subdivisions, financial institutions, and any other entity that purchases,
guarantees, or insures a loan secured by real estate.
Subd. 7. Commissioner review.
The commissioner shall within 120 days after receipt of the verified
application:
(1) enter into an agreement with an owner or a lessee that resolves the
verified application for compensation from the fund; or
(2) issue an order to the owner or the lessee accepting, modifying, or
denying the verified application for compensation from the fund.
Upon receipt of an order issued under clause (2), the owner or the
lessee shall have 30 days to serve upon the commissioner a written request for
a hearing. If the owner or the lessee
does not serve upon the commissioner a timely written request for hearing, the
order issued under clause (2) shall become a final order of the commissioner
that may not be reviewed by any court or agency. The commissioner shall order compensation from the fund only if
the owner or the lessee has filed a verified application that complies with
subdivision 6 and if the commissioner determines based on review of the
application that compensation should be paid from the fund. The commissioner shall not be bound by any
prior settlement, compromise, or stipulation between the owner or the lessee
and the licensee.
Subd. 8.
Subd. 9. Satisfaction of applications for compensation. The commissioner shall pay compensation
from the fund to an owner or a lessee pursuant to the terms of an agreement
that has been entered into under subdivision 7, clause (1), or pursuant to a
final order that has been issued under subdivision 7, clause (2), or
subdivision 8 by December 1 of the fiscal year following the fiscal year during
which the agreement was entered into or during which the order became final,
subject to the limitations of this section.
At the end of each fiscal year the commissioner shall calculate the
amount of compensation to be paid from the fund pursuant to agreements that
have been entered into under subdivision 7, clause (1), and final orders that
have been issued under subdivision 7, clause (2), or subdivision 8. If the calculated amount exceeds the amount
available for payment, then the commissioner shall allocate the amount
available among the owners and the lessees in the ratio that the amount agreed
to or ordered to be paid to each owner or lessee bears to the amount
calculated. The commissioner shall mail
notice of the allocation to all owners and lessees not less than 45 days
following the end of the fiscal year.
Any compensation paid by the commissioner in accordance with this
subdivision shall be deemed to satisfy and extinguish any right to compensation
from the fund based upon the verified application of the owner or lessee.
Subd. 10. Right of subrogation.
If the commissioner pays compensation from the fund to an owner or a
lessee pursuant to an agreement under subdivision 7, clause (1), or a final
order issued under subdivision 7, clause (2), or subdivision 8, then the
commissioner shall be subrogated to all of the rights, title, and interest in
the owner's or lessee's final judgment in the amount of compensation paid from
the fund and the owner or the lessee shall assign to the commissioner all
rights, title, and interest in the final judgment in the amount of compensation
paid. The commissioner shall deposit in
the fund money recovered under this subdivision.
Subd. 11. Effect of section on commissioner's authority. Nothing contained in this section shall
limit the authority of the commissioner to take disciplinary action against a
licensee under the provisions of this chapter.
A licensee's repayment in full of obligations to the fund shall not
nullify or modify the effect of any other disciplinary proceeding brought under
the provisions of this chapter.
Subd. 12. Limitation. Nothing
may obligate the fund to compensate:
(1) insurers or sureties under subrogation or similar theories; or
(2) owner of residential property for final judgments against a prior
owner of the residential property unless the claim is brought and judgment is
rendered for breach of the statutory warranty set forth in chapter 327A.
Subd. 13. Condominiums or townhouses.
For purposes of this section, the owner or the lessee of a
condominium or townhouse is considered an owner or a lessee of residential
property regardless of the number of residential units per building.
Subd. 14.
(b) The owner or the lessee has served upon the commissioner a verified
application for compensation that complies with the requirements set out in
subdivision 6 and the commissioner determines based on review of the
application that compensation should be paid from the fund. The commissioner shall calculate the actual
and direct out-of-pocket loss in the transaction, minus attorney fees, interest
on the loss and on the judgment obtained as a result of the loss, and any satisfaction
of the judgment, and make payment to the owner or the lessee up to the
conciliation court jurisdiction limits within 15 days after the owner or lessee
serves the verified application.
(c) The commissioner may pay compensation to owners or lessees that
totals not more than $50,000 per licensee per fiscal year under this
accelerated process. The commissioner
may prorate the amount of compensation paid to owners or lessees under this
subdivision if applications submitted by owners and lessees seek compensation
in excess of $50,000 against a licensee.
Any unpaid portion of a verified application that has been prorated
under this subdivision shall be satisfied in the manner set forth in
subdivision 9.
Subd. 15. Appropriation. Money
in the fund is appropriated to the commissioner for the purposes of this
section.
Subd. 16. Additional assessment.
If the balance in the fund is at any time less than the commissioner
determines is necessary to carry out the purposes of this section, every
licensee, when renewing a license, shall pay, in addition to the annual renewal
fee and the fee set forth in subdivision 3 an assessment not to exceed
$100. The commissioner shall set the
amount of assessment based on a reasonable determination of the amount that is necessary
to restore a balance in the fund that is adequate to carry out the purposes of
this section.
EFFECTIVE DATE. This section is effective December 1, 2007, except that
subdivisions 1, 3, and 15 are effective July 1, 2007.
Sec. 30. Minnesota Statutes
2006, section 341.21, is amended by adding a subdivision to read:
Subd. 8. Mixed martial arts. "Mixed
martial arts" means any combination of boxing, kick boxing, wrestling,
grappling, or other recognized martial arts.
Sec. 31. Minnesota Statutes
2006, section 341.22, is amended to read:
341.22 BOXING COMMISSION.
There is hereby created the Minnesota Boxing Commission consisting of five
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 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. 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
as provided in chapter 214. The purpose
of the commission is to protect health, promote safety, and ensure fair events.
Sec. 32. Minnesota Statutes 2006, 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 and referees.
(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, and their manner, supervision, time, and place.
(c) The commission must adopt unified rules for mixed martial arts.
Sec. 33. Minnesota Statutes
2006, 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; and
(5) conform to the rules adopted under this chapter; and
(6) develop policies and procedures for regulating mixed martial arts.
Sec. 34. Minnesota Statutes
2006, section 341.28, subdivision 2, is amended to read:
Subd. 2. Regulatory authority; tough person contests. All tough person contests, including amateur
tough person contests, are subject to this chapter. All tough person contests are subject to American Boxing
Commission (ABC) 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 tough person bouts shall be
licensed under this chapter.
Sec. 35. Minnesota Statutes
2006, section 341.28, is amended by adding a subdivision to read:
Subd. 3. Regulatory authority; similar sporting events. All mixed martial arts, ultimate fight
contests, and similar sporting events are subject to this chapter.
Sec. 36. Minnesota Statutes
2006, section 341.32, subdivision 2, is amended to read:
Subd. 2. Expiration and renewal. A
license 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.expires December 31 at midnight in the year of its issuance
issued after the effective date of this act 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.
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
Sec. 37. Minnesota Statutes
2006, section 341.321, is amended to read:
341.321 FEE SCHEDULE.
(a) The
fee schedule for licenses issued by the Minnesota Boxing Commission is as
follows:
(1) referees, $35 $45 for each initial license and each
renewal;
(2) promoters, $400 for each initial license and each renewal;
(3) judges and knockdown judges, $25 $45 for each
initial license and each renewal;
(4) trainers, $35 $45 for each initial license and each
renewal;
(5) ring announcers, $25 $45 for each initial license and
each renewal;
(6) boxers' seconds, $25 $45 for each initial license and
each renewal;
(7) timekeepers, $25 $45 for each initial license and
each renewal; and
(8) boxers, $35 $45 for each initial license and each
renewal.;
(9) managers, $45 for each initial license and each renewal; and
(10) ringside physicians, $45 for each initial license and each renewal.
(b) The commission shall establish and assess an event fee for each
sporting event. The event fee is set at
a minimum of $1,500 per event or a percentage of the ticket sales as determined
by the commission when the sporting event is scheduled.
(c) All
fees collected by the Minnesota Boxing Commission must be deposited in the
Boxing Commission account in the special revenue fund.
Sec. 38. Minnesota Statutes
2006, section 471.471, subdivision 4, is amended to read:
Subd. 4. Application process. A
person seeking a waiver shall apply to the Building Code and Standards
Division of the Department of Administration Labor and Industry
on a form prescribed by the board and pay a $70 fee to the construction code
fund. The division shall review the
application to determine whether it appears to be meritorious, using the
standards set out in subdivision 3. The
division shall forward applications it considers meritorious to the board,
along with a list and summary of applications considered not to be meritorious. The board may require the division to
forward to it an application the division has considered not to be
meritorious. The board shall issue a
decision on an application within 90 days of its receipt. A board decision to approve an application
must be unanimous. An application that
contains false or misleading information must be rejected.
Sec. 39. WHISTLE-BLOWER
PROTECTION ADMINISTRATIVE PROCEDURES.
By January 15, 2008, the commissioner of labor and industry shall
report to the legislature its recommendations for implementing an
administrative review procedure to address whistle-blower protection complaints
under section 181.932.
Sec. 40. TRANSFER OF AUTHORITY; PLUMBING BOARD.
The commissioner of administration may not use the authority under
Minnesota Statutes, section 16B.37, to modify the transfers of authority in
this act.
Sec. 41. FIRST MEETING; APPOINTMENTS FOR PLUMBING BOARD.
The governor must complete the appointments required by Minnesota
Statutes, section 326.372, no later than July 1, 2007. The commissioner of labor and industry shall
convene the first meeting of the Plumbing Board no later than September 1,
2007.
Sec. 42. REPEALER.
Minnesota Statutes 2006, sections 176.042; 268.035, subdivision 9; and
326.45, are repealed.
EFFECTIVE DATE. Sections 176.042 and 286.035, subdivision 9, are repealed
effective January 1, 2009.
ARTICLE 4
HIGH PRESSURE PIPING
Section 1. Minnesota Statutes
2006, section 326.46, is amended to read:
326.46 SUPERVISION OF
DEPARTMENT TO SUPERVISE HIGH PRESSURE PIPING.
The department of Labor and Industry shall supervise all high
pressure piping used on all projects in this state, and may prescribe
minimum standards which shall be uniform.
The department shall employ inspectors and other assistants to carry
out the provisions of sections 326.46 to 326.52.
Sec. 2. Minnesota Statutes
2006, section 326.47, subdivision 2, is amended to read:
Subd. 2. Permissive municipal regulation.
A municipality may, by ordinance, provide for the inspection of high
pressure piping system materials and construction, and provide that it shall
not be constructed or installed except in accordance with minimum state
standards. The authority designated by
the ordinance for issuing high pressure piping permits and assuring compliance
with state standards must report to the Department of Labor and Industry all
violations of state high pressure piping standards.
A municipality may not adopt an ordinance with high pressure piping
standards that does not conform to the uniform standards prescribed by the Department
of Labor and Industry board.
The Department of Labor and Industry board shall specify
by rule the minimum qualifications for municipal inspectors.
Sec.
3. [326.471]
BOARD OF HIGH PRESSURE PIPING SYSTEMS.
Subdivision 1. Composition. (a)
The Board of High Pressure Piping Systems shall consist of 12 members. Eleven members shall be appointed by the
governor with the advice and consent of the senate and shall be voting members. Appointments of members by the governor
shall be made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment of a
member made by the governor, the governor shall appoint a new member with the advice
and consent of the senate. One member
shall be the commissioner of labor and industry or the designee, who shall be a
voting member. Of the 11 appointed
members, the composition shall be as follows:
(1) one member shall be a high pressure piping inspector;
(2) one member shall be a licensed professional mechanical engineer;
(3) one member shall be a representative of the high pressure piping
industry;
(4) four members shall be high pressure piping contractors engaged in
the scope of high pressure piping, two from the metropolitan area and two from
greater Minnesota;
(5) two members shall be high pressure piping journeymen engaged in the
scope of high pressure piping systems installation, one from the metropolitan
area and one from greater Minnesota; and
(6) two members shall be representatives of industrial companies which
use high pressure piping systems in their industrial processes.
(b) The high pressure piping inspector shall be appointed for a term to
end December 31, 2011. The professional
mechanical engineer shall be appointed for a term to end December 31,
2010. The representative of the high
pressure piping industry shall be appointed for a term to end December 31,
2011. Two of the high pressure piping
contractors shall be appointed for a term to end December 31, 2011, and two
high pressure piping contractors shall be appointed for a term to end December
31, 2010. One of the high pressure
piping journeymen shall be appointed for a term to end December 31, 2011, and
one high pressure piping journeyman shall be appointed for a term to end
December 31, 2010. The two
representatives of industrial companies that use high pressure piping systems
in their industrial process shall be appointed for a term to end December 31,
2010.
(c) The licensed professional mechanical engineer must possess a
current Minnesota professional engineering license and maintain the license for
the duration of the term served on the board.
All other appointed members, except for the representative of the piping
industry and the representatives of industrial companies that use high pressure
piping systems in their industrial processes must possess a current high
pressure piping license issued by the Department of Labor and Industry and
maintain that license for the duration of their terms. All appointed members must be residents of
Minnesota at the time of and throughout their terms. The term of any appointed member who does not maintain membership
qualification status shall end on the date of status change and the governor
shall appoint a replacement member. It
is the responsibility of the member to notify the board of a change in the
member's status.
(d) For appointed members, except for the initial terms designated in
paragraph (a), each term shall be three years with the terms ending on the
first Monday in January. Members
appointed by the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice
and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than six
months time remaining in the term shall be filled for the existing term and the
following three-year term. Members may
serve until their successors are appointed but in no case later than July 1 in
a year in which the term expires unless reappointed.
Subd.
2.
(1) elect its chair, vice-chair, and secretary;
(2) adopt bylaws that specify the duties of its officers, the meeting
dates of the board, and contain such other provisions as may be useful and
necessary for the efficient conduct of the business of the board;
(3) adopt the High Pressure Piping Code that must be followed in this
state and any High Pressure Piping Code amendments thereto pursuant to chapter
14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
(4) review requests for final interpretations and issue final
interpretations as provided in section 16B.63, subdivision 5;
(5) adopt rules that regulate the licensure or registration of high
pressure piping contractors, journeymen, and other persons engaged in the
design, installation, and alteration of high pressure piping systems, except
for those individuals licensed under section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant
to chapter 14 and as provided in subdivision 6, paragraph (e);
(6) adopt rules that regulate continuing education for individuals
licensed or registered as high pressure piping contractors, journeymen, or
other persons engaged in the design, installation, and alteration of high
pressure piping systems. The board
shall adopt these rules pursuant to chapter 14 and as provided in subdivision
6, paragraph (e);
(7) advise the commissioner regarding educational requirements for high
pressure piping inspectors;
(8) refer complaints or other communications, whether orally or in
writing, that allege or imply a violation of a statute, rule, or order that the
commissioner has the authority to enforce pertaining to code compliance,
licensure, or an offering to perform or performance of unlicensed high pressure
piping services to the commissioner under subdivision 8;
(9) approve per diem and expenses deemed necessary for its members as
provided in subdivision 3;
(10) select from its members individuals to serve on any other state
advisory council, board, or committee; and
(11) recommend the fees for licenses and certifications.
Except for the powers granted to the Board of High Pressure Piping
Systems, the commissioner of labor and industry shall administer and enforce
the provisions of sections 326.46 to 326.521 and any rules promulgated pursuant
thereto.
(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
(c) The commissioner shall coordinate the board's rulemaking and
recommendations with the recommendations and rulemaking conducted by the other
boards. The commissioner shall provide
staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to
perform rulemaking and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.
Subd. 3. Compensation. (a)
Members of the board may be compensated at the rate of $55 per day spent on
board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members
who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for
those expenses upon board authorization.
(b)
Members who are state employees or employees of political subdivisions of the
state must not receive the daily payment for activities that occur during
working hours for which they are compensated by the state or political
subdivision. However, a state or political
subdivision employee may receive the daily payment if the employee uses
vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state employees or employees
of the political subdivisions of the state may receive the expenses provided
for in this subdivision unless the expenses are reimbursed by another
source. Members who are state employees
or employees of political subdivisions of the state may be reimbursed for child
care expenses only for time spent on board activities that are outside their
working hours.
(c) The board shall adopt internal standards prescribing what
constitutes a day spent on board activities for purposes of making daily
payments under this subdivision.
Subd. 4. Removal; vacancies. (a)
An appointed member of the board may be removed by the governor at any time (1)
for cause, after notice and hearing, or (2) after missing three consecutive
meetings. The chair of the board shall
inform the governor of an appointed member missing three consecutive
meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall
notify the appointed member in writing that the member may be removed for
missing the next meeting. In the case
of a vacancy on the board, the governor shall, with the advice and consent of
the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
(b) Vacancies shall be filled pursuant to section 15.0597, subdivisions
5 and 6.
Subd. 5. Membership vacancies within three months of appointment. Notwithstanding any law to the contrary,
when a seat on the board becomes vacant within three months after being filled
through the appointment process, the governor may, upon notification to the
Office of the Secretary of State, choose a new member from the applications on
hand and need not repeat the process.
Subd. 6. Officers, quorum, voting.
(a) The board shall elect annually from its members a chair,
vice-chair, and secretary. A quorum of
the board shall consist of a majority of members of the board qualified to vote
on the matter in question. All
questions concerning the manner in which a meeting is conducted or called that
are not covered by statute shall be determined by Robert's Rules of Order
(revised) unless otherwise specified by the bylaws.
(b) Except as provided in paragraph (c), each High Pressure Piping Code
amendment considered by the board that receives an affirmative two-thirds or
more majority vote of all of the voting members of the board shall be included
in the next High Pressure Piping Code rulemaking proceeding initiated by the
board. If a High Pressure Piping Code
amendment considered, or reconsidered, by the board receives less than a
two-thirds majority vote of all of the voting members of the board, the High
Pressure Piping Code amendment shall not be included in the next High Pressure
Piping Code rulemaking proceeding initiated by the board.
(c) If the High Pressure Piping Code amendment considered by the board
is to replace the Minnesota High Pressure Piping Code with a model High
Pressure Piping Code, then the amendment may only be included in the next High
Pressure Piping Code rulemaking proceeding if it receives an affirmative
two-thirds or more majority vote of all of the voting members of the board.
(d) The board may reconsider High Pressure Piping Code amendments
during an active High Pressure Piping Code rulemaking proceeding in which the
amendment previously failed to receive a two-thirds or more majority vote of
all of the voting members of the board only if new or updated information that
affects the High Pressure Piping Code amendment is presented to the board. The board may also reconsider failed High
Pressure Piping Code amendments in subsequent High Pressure Piping Code
rulemaking proceedings.
(e)
Except as provided in paragraph (f), each proposed rule and rule amendment
considered by the board pursuant to the rulemaking authority specified in
subdivision 2, paragraph (a), clauses (5) and (6), that receives an affirmative
majority vote of all of the voting members of the board shall be included in
the next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or
rule amendment shall not be included in the next rulemaking proceeding
initiated by the board.
(f) The board may reconsider a proposed rule or rule amendment during
an active rulemaking proceeding in which the amendment previously failed to
receive an affirmative majority vote of all of the voting members of the board
only if new or updated information that affects the proposed rule or rule
amendment is presented to the board.
The board may also reconsider a failed proposed rule or rule amendment
in subsequent rulemaking proceedings.
Subd. 7. Board meetings. (a)
The board shall hold meetings at such times as the board shall specify. Notice and conduct of all meetings shall be
pursuant to chapter 13D and in such a manner as the bylaws may provide.
(b) If compliance with section 13D.02 is impractical, the board 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 board 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
board can hear clearly all discussion and testimony
and all votes of members of the board and, if needed, receive those services
required by sections 15.44 and 15.441;
(3) at least one member of the board 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.
(c) Each member of the board 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.
(d) If telephone or other electronic means is used to conduct a
regular, special, or emergency meeting, the board, to the extent practical,
shall allow a person to monitor the meeting electronically from a remote
location. The board may require the
person making such a connection to pay for documented costs that the board
incurs as a result of the additional connection.
(e) If telephone or other electronic means is used to conduct a
regular, special, or emergency meeting, the board 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.
Subd. 8. Complaints. (a)
The board shall promptly forward to the commissioner the substance of any
complaint or communication it receives, whether in writing or orally, that
alleges or implies a violation of a statute, rule, or order that the
commissioner has the authority to enforce pertaining to the license or
registration of any person authorized by the department to provide high
pressure piping services, the performance or offering to perform high pressure
piping services requiring licensure by an unlicensed person, or high pressure
code compliance. Each complaint or
communication that is forwarded to the commissioner shall be submitted on a
form provided by the commissioner.
(b)
The commissioner shall advise the board of the status of a complaint within 90
days after the board's written submission is received, or within 90 days after
the board is provided with a written request for additional information or documentation
from the commissioner or the commissioner's designee, whichever is later. The commissioner shall advise the board of
the disposition of a complaint referred by the board within 180 days after the
board's written submission is received.
The commissioner shall annually report to the board a summary of the
actions taken in response to complaints referred by the board.
Subd. 9. Data Practices Act. The
board is subject to chapter 13, the Minnesota Government Data Practices Act,
and shall protect from unlawful disclosure data classified as not public.
Subd. 10. Official records. The
board shall make and preserve all records necessary to a full and accurate
knowledge of its official activities in accordance with section 15.17.
Sec. 4. Minnesota Statutes
2006, section 326.48, subdivision 1, is amended to read:
Subdivision 1. License required; rules; time credit. No person shall engage in or work at the
business of a contracting pipefitter unless issued an individual contracting
pipefitter license to do so by the Department of Labor and Industry under
rules prescribed by the board. No
license shall be required for repairs on existing installations. No person shall engage in or work at the
business of journeyman pipefitter unless issued an individual journeyman
pipefitter competency license to do so by the Department of Labor and Industry
under rules prescribed by the board.
A person possessing an individual contracting pipefitter competency
license may also work as a journeyman pipefitter.
No person, partnership, firm, or corporation shall install high
pressure piping, nor install high pressure piping in connection with the
dealing in and selling of high pressure pipe material and supplies, unless, at
all times, a person possessing a contracting pipefitter individual competency
license or a journeyman pipefitter individual competency license is responsible
for the high pressure pipefitting work conducted by the person, partnership,
firm, or corporation being in conformity with Minnesota Statutes and Minnesota
Rules.
The Department of Labor and Industry board shall
prescribe rules, not inconsistent herewith, for the examination and individual
competency licensing of contracting pipefitters and journeyman pipefitters and
for issuance of permits by the department and municipalities for the
installation of high pressure piping.
An employee performing the duties of inspector for the Department of
Labor and Industry in regulating pipefitting shall not receive time credit for
the inspection duties when making an application for a license required by this
section.
Sec. 5. Minnesota Statutes
2006, section 326.48, subdivision 2, is amended to read:
Subd. 2. High pressure pipefitting business license. Before obtaining a permit for high pressure
piping work, a person, partnership, firm, or corporation must obtain or utilize
a business with a high pressure piping business license.
A person, partnership, firm, or corporation must have at all times as a
full-time employee at least one individual holding an individual contracting
pipefitter competency license. Only
full-time employees who hold individual contracting pipefitter licenses are
authorized to obtain high pressure piping permits in the name of the business. The individual contracting pipefitter
competency license holder can be the employee of only one high pressure piping
business at a time.
To retain its business license
without reapplication, a person, partnership, firm, or corporation holding a
high pressure piping business license that ceases to employ a person holding an
individual contracting pipefitter competency license shall have 60 days from
the last day of employment of its previous individual contracting pipefitter
competency license holder to employ another license holder. The Department of Labor and Industry must be
notified no later than five days after the last day of employment of the
previous license holder.
No high pressure pipefitting work may be performed during any period
when the high pressure pipefitting business does not have an individual
contracting pipefitter competency license holder on staff. If a license holder is not employed within
60 days, the pipefitting business license shall lapse.
The Department of Labor and Industry board shall
prescribe by rule procedures for application for and issuance of business
licenses and fees.
Sec. 6. Minnesota Statutes
2006, section 326.48, is amended by adding a subdivision to read:
Subd. 6. Reciprocity with other states. The commissioner may issue a temporary license without
examination, upon payment of the required fee, nonresident applicants who are
licensed under the laws of a state having standards for licensing which the
commissioner determines are substantially equivalent to the standards of this
state if the other state grants similar privileges to Minnesota residents duly
licensed in this state. Applicants who
receive a temporary license under this section may acquire an aggregate of 24
months of experience before they have to apply and pass the licensing
examination. Applicants must register
with the commissioner of labor and industry and the commissioner shall set a
fee for a temporary license. Applicants
have five years in which to comply with this section.
Sec. 7. Minnesota Statutes
2006, section 326.50, is amended to read:
326.50 APPLICATION; FEES.
Application for an individual contracting pipefitter competency or an
individual journeyman pipefitter competency license shall be made to the
Department of Labor and Industry, with fees.
The applicant shall be licensed only after passing an examination
administered by the Department of Labor and Industry in accordance with
rules adopted by the board.
Sec. 8. Minnesota Statutes
2006, section 326.975, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a license
under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery
fund. The contractor's recovery fund is
created in the state treasury and must be administered by the commissioner in
the manner and subject to all the requirements and limitations provided by
section 82.43 with the following exceptions:.
(1) each licensee who renews a license shall pay in addition to the
appropriate renewal fee an additional fee which shall be credited to the
contractor's recovery fund. The amount
of the fee shall be based on the licensee's gross annual receipts for the
licensee's most recent fiscal year preceding the renewal, on the following
scale:
Fee Gross
Receipts
$100 under
$1,000,000
$150 $1,000,000 to
$5,000,000
$200 over
$5,000,000
Any person who receives a
new license shall pay a fee based on the same scale;
(2) (b) The purpose of this fund
is:
(i)
(1) to compensate any aggrieved owner or lessee of residential property
located within this state who obtains a final judgment in any court of
competent jurisdiction against a licensee licensed under section 326.84, on
grounds of fraudulent, deceptive, or dishonest practices, conversion of funds,
or failure of performance arising directly out of any transaction when the
judgment debtor was licensed and performed any of the activities enumerated
under section 326.83, subdivision 19, on the owner's residential property or on
residential property rented by the lessee, or on new residential construction
which was never occupied prior to purchase by the owner, or which was occupied
by the licensee for less than one year
prior to purchase by the owner, and which cause of action arose on or after
April 1, 1994; and
(ii)
(2) to reimburse the Department of Commerce Labor and Industry
for all legal and administrative expenses, including staffing costs, incurred
in administering the fund;.
(3)
Nothing may obligate the fund for more than $50,000 per claimant, nor more than
$75,000 per licensee; and.
(4)
Nothing may obligate the fund for claims based on a cause of action that arose
before the licensee paid the recovery fund fee set in clause (1), or as
provided in section 326.945, subdivision 3.
(b)
(c) Should the commissioner pay from the contractor's recovery fund any
amount in settlement of a claim or toward satisfaction of a judgment against a
licensee, the license shall be automatically suspended upon the effective date
of an order by the court authorizing payment from the fund. No licensee shall be granted reinstatement
until the licensee has repaid in full, plus interest at the rate of 12 percent
a year, twice the amount paid from the fund on the licensee's account, and has
obtained a surety bond issued by an insurer authorized to transact business in
this state in the amount of at least $40,000.
Sec. 9. Minnesota Statutes
2006, section 326.992, is amended to read:
326.992 BOND REQUIRED FOR
CERTAIN CONTRACTORS.
(a) A person contracting to do gas, heating, ventilation, cooling, air
conditioning, fuel burning, or refrigeration work must give bond to the state
in the amount of $25,000 for all work entered into within the state. The bond must be for the benefit of persons
suffering financial loss by reason of the contractor's failure to comply with
the requirements of the State Mechanical Code.
A bond given to the state must be filed with the commissioner of administration
labor and industry and is in lieu of all other bonds to any political
subdivision required for work covered by this section. The bond must be written by a corporate
surety licensed to do business in the state.
(b) The commissioner of administration labor and industry may
charge each person giving bond under this section an annual bond filing fee of
$15. The money must be deposited in
a special revenue fund and is appropriated to the commissioner to cover the
cost of administering the bond program.
Sec. 10. TRANSFER OF AUTHORITY; BOARD OF HIGH PRESSURE PIPING SYSTEMS.
The commissioner of administration may not use the authority under
Minnesota Statutes, section 16B.37, to modify transfers of authority in this
act.
Sec. 11. FIRST
MEETING; APPOINTMENTS FOR BOARD OF HIGH PRESSURE PIPING SYSTEMS.
The governor must complete the appointments required by Minnesota
Statutes, section 326.471, no later than July 1, 2007. The commissioner of labor and industry shall
convene the first meeting of the Board of High Pressure Piping Systems no later
than September 1, 2007.
ARTICLE 5
IRON RANGE RESOURCES AND REHABILITATION BOARD
Section 1. Minnesota Statutes
2006, section 298.22, subdivision 2, is amended to read:
Subd. 2. Iron Range Resources and Rehabilitation Board. There is hereby created the Iron Range
Resources and Rehabilitation Board, consisting of 13 ten members,
five of whom are state senators appointed by the Subcommittee on Committees of
the Rules Committee of the senate, and five of whom are representatives,
appointed by the speaker of the house of representatives. The remaining members shall be appointed
one each by the senate majority leader, the speaker of the house of
representatives, and the governor and must be nonlegislators who reside in a
taconite assistance area as defined in section 273.1341. The members shall be appointed in
January of every odd-numbered year, except that the initial nonlegislator
members shall be appointed by July 1, 1999, and shall serve until January
of the next odd-numbered year.
Vacancies on the board shall be filled in the same manner as the
original members were chosen. At least
a majority of the legislative members of the board shall be elected from state
senatorial or legislative districts in which over 50 percent of the residents
reside within a taconite assistance area as defined in section 273.1341. All expenditures and projects made by the
commissioner of Iron Range resources and rehabilitation shall be consistent
with the priorities established in subdivision 8 and shall first be submitted
to the Iron Range Resources and Rehabilitation Board for approval by a majority
of the board of expenditures and projects for rehabilitation purposes as
provided by this section, and the method, manner, and time of payment of all
funds proposed to be disbursed shall be first approved or disapproved by the
board. The board shall biennially make
its report to the governor and the legislature on or before November 15 of each
even-numbered year. The expenses of the
board shall be paid by the state from the funds raised pursuant to this
section.
Sec. 2. Minnesota Statutes
2006, section 298.227, is amended to read:
298.227 TACONITE ECONOMIC
DEVELOPMENT FUND.
An amount equal to that distributed pursuant to each taconite
producer's taxable production and qualifying sales under section 298.28,
subdivision 9a, shall be held by the Iron Range Resources and Rehabilitation
Board in a separate taconite economic development fund for each taconite and
direct reduced ore producer. Money from
the fund for each producer shall be released by the commissioner after review
by a joint committee consisting of an equal number of representatives of the
salaried employees and the nonsalaried production and maintenance employees of
that producer. The District 11 director
of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members.
In nonorganized operations, the employee committee shall be elected by
the nonsalaried production and maintenance employees. The review must be completed no later than six months after the
producer presents a proposal for expenditure of the funds to the
committee. The funds held pursuant to
this section may be released only for acquisition of plant and stationary
mining equipment and facilities for the producer or for research and
development in Minnesota on new mining, or taconite, iron, or steel production
technology, but only if the producer provides a matching expenditure to be used
for the same purpose of at least 50 percent of the distribution based on 14.7
cents per ton beginning with distributions in 2002. Effective for proposals for expenditures of money from the
fund approved beginning the day following final enactment, the commissioner may
release the funds only if the proposed expenditure is approved by a majority of
the members of the Iron Range Resources and Rehabilitation Board. If a producer uses money which has
been released from the fund prior to the day following final enactment to
procure haulage trucks, mobile equipment, or mining shovels,
and the producer removes the piece of equipment from the taconite tax relief
area defined in section 273.134 within ten years from the date of receipt of
the money from the fund, a portion of the money granted from the fund must be
repaid to the taconite economic development fund. The portion of the money to be repaid is 100 percent of the grant
if the equipment is removed from the taconite tax relief area within 12 months
after receipt of the money from the fund, declining by ten percent for each of
the subsequent nine years during which the equipment remains within the
taconite tax relief area. If a taconite
production facility is sold after operations at the facility had ceased, any
money remaining in the fund for the former producer may be released to the
purchaser of the facility on the terms otherwise applicable to the former
producer under this section. If a
producer fails to provide matching funds for a proposed expenditure within six
months after the commissioner approves release of the funds, the funds are
available for release to another producer in proportion to the distribution
provided and under the conditions of this section. Any portion of the fund which is not released by the commissioner
within two years of its deposit in the fund shall be divided between the
taconite environmental protection fund created in section 298.223 and the
Douglas J. Johnson economic protection trust fund created in section 298.292
for placement in their respective special accounts. Two-thirds of the unreleased funds shall be distributed to the
taconite environmental protection fund and one-third to the Douglas J. Johnson
economic protection trust fund.
EFFECTIVE DATE. This section is effective for proposals for expenditures of
money from the fund the day following final enactment.
Sec. 3. APPROPRIATION; IRON RANGE RESOURCES AND REHABILITATION BOARD.
(a) $575,000 is appropriated from the Iron Range Resources and
Rehabilitation Board fund for fiscal year 2008 for allocation in this section:
(1) $225,000 is for Aitkin County Growth, Inc. to extend electric
service and other infrastructure to a peat project in Spencer Township in
Aitkin County;
(2) $75,000 is for a nonprofit organization for the preservation of the
B'nai Abraham Synagogue in Virginia, of which $50,000 is for renovation and
$25,000 is for a permanent endowment for the preservation;
(3) $150,000 is for a grant to the Iron Range youth in action program
to assist the organization to employ youth for the construction of community
centers;
(4) $50,000 is for a grant to the Iron Range retriever club for pond
and field construction; and
(5) $75,000 is for a grant to the city of Chisholm to improve
infrastructure at the city-owned baseball field.
These are onetime appropriations.
Sec. 4. IRRRB BUILDING.
The Iron Range Resources and Rehabilitation Board office building in
Eveleth, Minnesota is designated and named the Joe Begich Building and shall be
signed as such at every entrance.
ARTICLE 6
ELECTRICAL
Section 1. Minnesota Statutes
2006, section 326.01, subdivision 6g, is amended to read:
Subd. 6g. Personal direct supervision. The term "personal "Direct
supervision" means that a person licensed to perform electrical work
oversees and directs the electrical work performed by an unlicensed person such
that:
(1)
the licensed person actually reviews the electrical work performed by the
unlicensed person an unlicensed individual is being supervised by an
individual licensed to perform the electrical work being supervised;
(2) during the entire working day of the unlicensed individual, the
licensed individual is physically present at the location where the unlicensed
individual is preforming electrical work and immediately available to the
unlicensed individual;
(3) the
licensed person individual is physically present and
immediately available to the unlicensed person individual at all
times for assistance and direction; and
(4) electronic supervision does not meet the requirement of physically
present and immediately available;
(5) the licensed individual shall review the electrical work performed by
the unlicensed individual before the electrical work is operated; and
(3)
(6) the
licensed person individual is able to and does determine that all
electrical work performed by the unlicensed person individual is
performed in compliance with section 326.243.
The licensed person individual is responsible for the
compliance with section 326.243 of all electrical work performed by the
unlicensed person individual.
Sec. 2. [326.2411] BOARD OF ELECTRICITY.
Subdivision 1. Composition. (a)
The Board of Electricity shall consist of 12 members. Eleven members shall be appointed by the governor with the advice
and consent of the senate and shall be voting members. Appointments of members by the governor
shall be made in accordance with section 15.066. If the senate votes to refuse to consent to an appointment of a
member made by the governor, the governor shall appoint a new member with the
advice and consent of the senate. One
member shall be the commissioner of labor and industry or the designee, who
shall be a voting member. Of the 11
appointed members, the composition shall be as follows:
(1) one member shall be an electrical inspector;
(2) two members shall be representatives of the electrical suppliers in
rural areas;
(3) two members shall be master electricians, who shall be contractors;
(4) two members shall be journeyman electricians;
(5) one member shall be a registered consulting electrical engineer;
(6) two members shall be power limited technicians, who shall be
technology system contractors primarily engaged in the business of installing
technology circuits or systems; and
(7) one member shall be a public member as defined by section 214.02.
(b) The electrical inspector shall be appointed to a term to end
December 31, 2011. One of the rural
electrical suppliers shall be appointed for a term to end December 31, 2011,
and one rural electrical supplier shall serve for a term to end December 31,
2010. The consulting electrical
engineer shall be appointed for a term to end December 31, 2011. One of the master electrician contractors
shall be appointed for a term to end December 31, 2011, and one master
electrician contractor shall be appointed for a term to end December 31, 2010. One of the journeyman electricians
shall be appointed for a term to end December 31, 2011, and one journeyman
electrician shall be appointed for a term to end December 31, 2010. One of the power limited technicians shall
be appointed for a term to end December 31, 2011, and one power limited
technician shall be appointed for a term to end December 31, 2010. The public member shall be appointed for a
term to end December 31, 2010.
(c) The consulting electrical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of
the term served on the board. All other
appointed members, except the public member and the representatives of
electrical suppliers in rural areas, must possess a current electrical license
issued by the Department of Labor and Industry and maintain that license for
the duration of their terms. All
appointed members must be residents of Minnesota at the time of and throughout
their terms. The term of any appointed
member who does not maintain membership qualification status shall end on the
date of status change and the governor shall appoint a replacement member. It is the responsibility of the member to
notify the board of a change in the member's status.
(d) For appointed members, except the initial terms designated in
paragraph (a), each term shall be three years with the terms ending on the
first Monday in January. Members
appointed by the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice
and consent of the senate. Midterm
vacancies shall be filled for the remaining portion of the term. Vacancies occurring with less than six
months time remaining in the term shall be filled for the existing term and the
following three-year term. Members may
serve until their successors are appointed but in no case later than July 1 in
a year in which the term expires unless reappointed.
Subd. 2. Powers; duties; administrative support. (a) The board shall have the power to:
(1) elect its chair, vice-chair, and secretary;
(2) adopt bylaws that specify the duties of its officers, the meeting
dates of the board, and contain such other provisions as may be useful and
necessary for the efficient conduct of the business of the board;
(3) the Minnesota Electrical Code shall be the most current edition of
the National Electrical Code upon its adoption by the board and any amendments
thereto as adopted by the board. The
board shall adopt the most current edition of the National Electrical Code and
any amendments thereto pursuant to chapter 14 and as provided in subdivision 6,
paragraphs (b) and (c);
(4) review requests for final interpretations and issue final
interpretations as provided in section 16B.63, subdivision 5;
(5) adopt rules that regulate the licensure or registration of
electrical businesses, electrical contractors, master electricians, journeyman
electricians, class A installer, class B installer, power limited technicians,
and other persons who perform electrical work.
The board shall adopt these rules pursuant to chapter 14 and as provided
in subdivision 6, paragraphs (d) and (e);
(6) adopt rules that regulate continuing education for individuals
licensed or registered as electrical businesses, electrical contractors, master
electricians, journeyman electricians, class A installer, class B installer,
power limited technicians, and other persons who perform electrical work. The board shall adopt these rules pursuant
to chapter 14 and as provided in subdivision 6, paragraph (e);
(7) advise the commissioner regarding educational requirements for
electrical inspectors;
(8)
refer complaints or other communications, whether orally or in writing, that
allege or imply a violation of a statute, rule, or order that the commissioner
has the authority to enforce pertaining to code compliance, licensure, or an
offering to perform or performance of unlicensed electrical services to the
commissioner under subdivision 8;
(9) approve per diem and expenses deemed necessary for its members as
provided in subdivision 3;
(10) approve license reciprocity agreements;
(11) select from its members individuals to serve on any other state
advisory council, board, or committee; and
(12) recommend the fees for licenses and certifications.
Except for the powers granted to the Board of Electricity, the
commissioner of labor and industry shall administer and enforce the provisions
of sections 326.241 to 326.248 and any rules promulgated pursuant thereto.
(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
(c) The commissioner shall coordinate the board's rulemaking and
recommendations with the recommendations and rulemaking conducted by the other
boards. The commissioner shall provide
staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to
perform rulemaking and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.
Subd. 3. Compensation. (a)
Members of the board may be compensated at the rate of $55 per day spent on
board activities, when authorized by the board, plus expenses, in the same
manner and amount as authorized by the commissioner's plan adopted under section
43A.18, subdivision 2. Members who, as
a result of time spent attending board meetings, incur child care expenses that
would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
(b) Members who are state employees or employees of political
subdivisions of the state must not receive the daily payment for activities
that occur during working hours for which they are compensated by the state or
political subdivision. However, a state
or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a
collective bargaining agreement or compensation plan for board activities. Members who are state employees or employees
of the political subdivisions of the state may receive the expenses provided
for in this subdivision unless the expenses are reimbursed by another
source. Members who are state employees
or employees of political subdivisions of the state may be reimbursed for child
care expenses only for time spent on board activities that are outside their
working hours.
(c) The board shall adopt internal standards prescribing what
constitutes a day spent on board activities for purposes of making daily
payments under this subdivision.
Subd. 4. Removal; vacancies. (a)
An appointed member of the board may be removed by the governor at any time (1)
for cause, after notice and hearing, or (2) after missing three consecutive
meetings. The chair of the board shall
inform the governor of an appointed member missing three consecutive
meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall
notify the appointed member in writing that the member may be removed for
missing the next meeting. In the case
of a vacancy on the board, the governor shall, with the advice and consent of
the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
(b) Vacancies shall be filled pursuant to section 15.0597, subdivisions
5 and 6.
Subd.
5.
Subd. 6. Officers, quorum, voting.
(a) The board shall elect annually from its members a chair, vice-chair,
and secretary. A quorum of the board
shall consist of a majority of members of the board qualified to vote on the
matter in question. All questions
concerning the manner in which a meeting is conducted or called that are not
covered by statute shall be determined by Robert's Rules of Order (revised)
unless otherwise specified by the bylaws.
(b) Except as provided in paragraph (c), each Electrical Code amendment
considered by the board that receives an affirmative two-thirds or more
majority vote of all of the voting members of the board shall be included in
the next Electrical Code rulemaking proceeding initiated by the board. If an Electrical Code amendment considered,
or reconsidered, by the board receives less than a two-thirds majority vote of
all of the voting members of the board, the Electrical Code amendment shall not
be included in the next Electrical Code rulemaking proceeding initiated by the
board.
(c) The board may reconsider Electrical Code amendments during an
active Electrical Code rulemaking proceeding in which the amendment previously
failed to receive a two-thirds or more majority vote of all of the voting
members of the board only if new or updated information that affects the
Electrical Code amendment is presented to the board. The board may also reconsider failed Electrical Code amendments
in subsequent Electrical Code rulemaking proceedings.
(d) Except as provided in paragraph (e), each proposed rule and rule
amendment considered by the board pursuant to the rulemaking authority
specified in subdivision 2, paragraph (a), clauses (5) and (6), that receives
an affirmative majority vote of the all the voting members of the board shall
be included in the next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or
rule amendment shall not be included in the next rulemaking proceeding
initiated by the board.
(e) The board may reconsider a proposed rule or rule amendment during
an active rulemaking proceeding in which the amendment previously failed to
receive an affirmative majority vote of all of the voting members of the board
only if new or updated information that affects the proposed rule or rule
amendment is presented to the board.
The board may also reconsider a failed proposed rule or rule amendment
in subsequent rulemaking proceedings.
Subd. 7. Board meetings. (a)
The board shall hold meetings at such times as the board shall specify. Notice and conduct of all meetings shall be
pursuant to chapter 13D and in such a manner as the bylaws may provide.
(b) If compliance with section 13D.02 is impractical, the board 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 board 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 board can hear clearly all discussion and testimony and all votes of
members of the board and, if needed, receive those services required by
sections 15.44 and 15.441;
(3) at least one member of the board 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.
(c)
Each member of the board 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.
(d) If telephone or other electronic means is used to conduct a
regular, special, or emergency meeting, the board, to the extent practical,
shall allow a person to monitor the meeting electronically from a remote
location. The board may require the
person making such a connection to pay for documented costs that the board
incurs as a result of the additional connection.
(e) If telephone or other electronic means is used to conduct a
regular, special, or emergency meeting, the board 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.
Subd. 8. Complaints. (a)
The board shall promptly forward to the commissioner the substance of any
complaint or communication it receives, whether in writing or orally, that
alleges or implies a violation of a statute, rule, or order that the
commissioner has the authority to enforce pertaining to the license or
registration of any person authorized by the department to provide electrical
services, the performance or offering to perform electrical services requiring
licensure by an unlicensed person, or Electrical Code compliance. Each complaint or communication that is
forwarded to the commissioner shall be submitted on a form provided by the
commissioner.
(b) The commissioner shall advise the board of the status of a
complaint within 90 days after the board's written submission is received, or
within 90 days after the board is provided with a written request for
additional information or documentation from the commissioner or the
commissioner's designee, whichever is later.
The commissioner shall advise the board of the disposition of a
complaint referred by the board within 180 days after the board's written
submission is received. The
commissioner shall annually report to the board a summary of the actions taken
in response to complaints referred by the board.
Subd. 9. Data Practices Act. The
board is subject to chapter 13, the Minnesota Government Data Practices Act,
and shall protect from unlawful disclosure data classified as not public.
Subd. 10. Official records. The
board shall make and preserve all records necessary to a full and accurate
knowledge of its official activities in accordance with section 15.17.
Sec. 3. Minnesota Statutes
2006, section 326.242, subdivision 3d, is amended to read:
Subd. 3d. Power limited technician.
(a) Except as otherwise provided by law, no person shall install, alter,
repair, plan, lay out, or supervise the installing, altering, or repairing of
electrical wiring, apparatus, or equipment for technology circuits or systems
unless:
(1) the person is licensed by the board department as a
power limited technician; and
(2) the electrical work is:
(i) for a licensed contractor and the person is an employee, partner,
or officer of, or is the licensed contractor; or
(ii) performed under the supervision of a master electrician or power
limited technician also employed by the person's employer on technology circuits,
systems, apparatus, equipment, or facilities owned or leased by the employer
that are located within the limits of property owned or leased, operated, and
maintained by the employer.
(b) An applicant for a power
limited technician's license shall (1) be a graduate of a four-year electrical
course in an accredited college or university; or (2) have had at least 36
months' experience, acceptable to the board, in planning for, laying out,
supervising, and installing wiring, apparatus, or equipment for power limited
systems, provided however, that the board may by rule provide for the allowance
of up to 12 months (2,000 hours) of experience credit for successful completion
of a two-year post high school electrical course or other technical training approved
by the board.
(c) The board may initially set experience requirements without
rulemaking, but must adopt rules before July 1, 2004.
(d) Licensees must attain eight hours of continuing education
acceptable to the board every renewal period.
(e) A person who has submitted an application by June 30, 2003, to take
the alarm and communications examination administered by the board
department, and who has achieved a minimal score of 70 percent on the
examination by September 30, 2003, may obtain a power limited technician
license without further examination by submitting an application and a license
fee of $30.
(f) A company holding an alarm and communication license as of June 30,
2003, may designate one person who may obtain a power limited technician license
without passing an examination administered by the board department
by submitting an application and license fee of $30.
(g) A person who has submitted an application by September 30, 2005
December 31, 2007, to take the power limited technician examination
administered by the board department is not required to meet the
qualifications set forth in paragraph (b).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 4. Minnesota Statutes
2006, section 326.242, subdivision 5, is amended to read:
Subd. 5. Unlicensed persons individuals. (a) An unlicensed person
individual means an individual who has not been licensed by the department as a
Class A master electrician or as a Class A journeyman electrician. An unlicensed individual shall not
perform electrical work required to be performed by a licensed individual unless
the individual has first registered with the department as an unlicensed
individual. Thereafter, an unlicensed
individual shall not perform electrical work required to be performed by a
licensed individual unless the work is performed under the personal
direct supervision of a person an individual actually
licensed to perform such work and.
The licensed electrician individual and unlicensed persons
are individual must be employed by the same employer. Licensed persons individuals
shall not permit unlicensed persons individuals to perform
electrical work except under the personal direct supervision of a
person an individual actually licensed to perform such work. Unlicensed persons individuals
shall not supervise the performance of electrical work or make assignments of
electrical work to unlicensed persons individuals. Except for technology circuit or system
work, licensed persons individuals shall supervise no more than
two unlicensed persons individuals. For technology circuit or system work, licensed persons
individuals shall supervise no more than three unlicensed persons
individuals.
(b) Notwithstanding any other provision of this section, no person
individual other than a master electrician or power limited technician
shall plan or lay out electrical wiring, apparatus, or equipment for light,
heat, power, or other purposes, except circuits or systems exempted from
personal licensing by subdivision 12, paragraph (b).
(c) Contractors employing unlicensed persons performing
individuals to perform electrical work shall maintain records establishing
compliance with this subdivision, which that shall designate
identify all unlicensed persons individuals performing
electrical work, except for persons working on circuits or systems exempted
from personal licensing by subdivision 12, paragraph (b), and shall permit the board
department to examine and copy all such records as provided for in section
326.244, subdivision 6.
(d) When a licensed individual
supervises the electrical work of an unlicensed individual, the licensed
individual is responsible for ensuring that the electrical work complies with
sections 326.241 to 326.248 and rules adopted.
Sec. 5. Minnesota Statutes
2006, section 326.242, is amended by adding a subdivision to read:
Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals performing
electrical work for a contractor or employer shall register with the department
in the manner prescribed by the commissioner.
Experience credit for electrical work performed in Minnesota after
January 1, 2008, by an applicant for a license identified in this section shall
not be granted where the applicant has not registered with or is not licensed
by the department.
Sec. 6. Minnesota Statutes
2006, section 326.242, subdivision 8, is amended to read:
Subd. 8. License, registration, and renewal fees; expiration. All licenses issued hereunder shall
expire in a manner as provided by the board. (a) Unless revoked or
suspended under this chapter, all licenses issued or renewed under this section
expire on the date specified in this subdivision. Master licenses expire March 1 of each odd-numbered year after
issuance or renewal. Electrical
contractor licenses expire March 1 of each even-numbered year after issuance or
renewal. Technology system contractor
licenses expire August 1 of each even-numbered year after issuance or renewal. Journeyman, installer, power limited
technician, and special electrician licenses expire two years from the date of
original issuance and every two years thereafter. Registrations of unlicensed individuals expire one year from the
date of original issuance and every year thereafter.
(b) Fees,
as set by the board, shall be payable for application and
examination, and for the original issuance and each subsequent
renewal of the following, are:
(1) For each personal license application and examination:
$35;
Class A Master.
Class B Master.
Class A Journeyman, Class B Journeyman, Installer, Power Limited
Technician, or Special Electrician.
(2) For original issuance of original license and each
subsequent renewal of:
Class A Master. or master special electrician, including
master elevator constructor: $40 per year;
Class B Master.: $25 per year;
Power Limited Technician.: $15 per year;
Class A Journeyman, Class B Journeyman, Installer, or Special
Electrician. other than master special electrician: $15 per year;
Electrical contractor: $100 per year.
Technology Systems Contractor Unlicensed individual registration: $15 per year.
(c) If any new license is issued in accordance with this subdivision
for less than two years, the fee for the license shall be prorated on an annual
basis.
(d) A license fee may not be
refunded after a license is issued or renewed.
However, if the fee paid for a license was not prorated in accordance
with this subdivision, the amount of the overpayment shall be refunded.
(e) Any contractor who seeks reissuance of a license after it has been
revoked or suspended under this chapter shall submit a reissuance fee of $100
before the license is reinstated.
(f) The fee for the issuance of each duplicate license is $15.
(3)
(g) An
individual or contractor who fails to renew a license before 30 days after the
expiration or registration of the license must submit a late fee equal
to one year's license fee in addition to the full renewal fee. Fees for renewed licenses or
registrations are not prorated. An
individual or contractor that fails to renew a license or registration by
the expiration date is unlicensed until the license or registration is
renewed.
Sec. 7. Minnesota Statutes
2006, section 326.242, subdivision 11, is amended to read:
Subd. 11. Reciprocity. To the
extent that any other state which provides for the licensing of electricians
provides for similar action the board may grant licenses, without examination,
of the same grade and class to an electrician who has been licensed by such
other state for at least one year, upon payment by the applicant of the
required fee and upon the board being furnished with proof that the required
fee and upon the board being furnished with proof that the qualifications of
the applicant are equal to the qualifications of holders of similar licenses in
Minnesota. The commissioner may enter into reciprocity agreements for
personal licenses with another state if approved by the board. Once approved by the board, the commissioner
may issue a personal license without requiring the applicant to pass an
examination provided the applicant:
(a) submits an application under section 326.242;
(b) pays the fee required under section 326.242; and
(c) holds a valid comparable license in the state participating in the
agreement.
Agreements are subject to the following:
(1) The parties to the agreement must administer a statewide licensing
program that includes examination and qualifying experience or training
comparable to Minnesota's.
(2) The experience and training requirements under which an individual
applicant qualified for examination in the qualifying state must be deemed
equal to or greater than required for an applicant making application in
Minnesota at the time the applicant acquired the license in the qualifying
state.
(3) The applicant must have acquired the license in the qualifying
state through an examination deemed equivalent to the same class of license
examination in Minnesota. A lesser
class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state and the applicant otherwise meets the
conditions of this subdivision.
(4) At the time of application, the applicant must hold a valid license
in the qualifying state and have held the license continuously for at least one
year before making application in Minnesota.
(5) An applicant is not eligible for a license under this subdivision
if the applicant has failed the same or greater class of license examination in
Minnesota, or if the applicant's license of the same or greater class has been
revoked or suspended.
(6) An applicant who has failed
to renew a personal license for two years or more after its expiration is not
eligible for a license under this subdivision.
Sec. 8. Minnesota Statutes
2006, section 326.2441, is amended to read:
326.2441 INSPECTION FEE
SCHEDULE.
Subdivision 1. Schedule. State electrical inspection fees shall be paid according to
calculated in accordance with subdivisions 2 to 13 15.
Subd. 2. Fee for each separate inspection.
The minimum fee for each separate inspection of an installation,
replacement, alteration, or repair is $20. $35. Except as otherwise provided in this
section, the maximum number of separate inspections allowed without payment of
an additional fee is the whole number resulting from dividing by 35 the total
fee calculated in accordance with this section. Where additional separate inspections are necessary, additional
fees are required to result in a value equal to the total number of separate
inspections multiplied by 35. The fee
for any inspections needed after a "final inspection" is performed
shall be calculated without consideration of any fee paid before the final
inspection.
Subd. 3. Fee for services, generators, other power supply sources, or feeders
to separate structures. The
inspection fee for the installation, addition, alteration, or repair of each
service, change of service, temporary service, generator, other power supply
source, or feeder to a separate structure is:
(1) 0 ampere to and including 400 ampere capacity, $25 $35;
(2) 401 ampere to and including 800 ampere capacity, $50 $60;
and
(3) ampere capacity above 800, $75 $100.
Where multiple disconnects are grouped at a single location and are
supplied by a single set of supply conductors the cumulative rating of the
overcurrent devices shall be used to determine the supply ampere capacity.
Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer
secondary conductors. The
inspection fee for the installation, addition, alteration, or repair of each circuit,
feeder, feeder tap, or set of transformer secondary conductors, including the
equipment served, is:
(1) 0 ampere to and including 200 ampere capacity, $5 $6;
and
(2) ampere capacity above 200, $10 $15.
Where existing feeders and circuits are reconnected to overcurrent
devices installed as part of the replacement of an existing disconnect,
switchboard, motor control center, or panelboard, the inspection fee for each
circuit or feeder is $2.
Subd. 5. Limitations to fees of subdivisions 3 and 4 Inspection fee
for dwellings. (a) The inspection
fee for a one-family dwelling and each dwelling unit of a two-family
dwelling with a supply of up to 500 amperes where a combination of ten or
more sources of supply, feeders, or circuits are installed, added, altered,
repaired, or extended is $80. is the following:
(1) the fee for each service or other source of power as provided in
subdivision 3;
(2) $100 for up to 30 feeders and circuits; and
(3) for each additional feeder or circuit, the fee as provided in
subdivision 4.
This fee applies to each
separate installation for new dwellings and additions, alterations, or
repairs to existing dwellings and includes not more than two inspections. where
15 or more feeders or circuits are installed or extended in connection with any
addition, alteration, or repair to existing dwellings. Where existing feeders and circuits are
reconnected to overcurrent devices installed as part of the replacement of an
existing panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number of separate inspections
shall be determined in accordance with subdivision 2. The fee for additional inspections or other installations is
that specified in subdivisions 2 to, 4, 6, and 8. The installer may submit fees for additional
inspections when filing the request for electrical inspection. The fee for each detached accessory
structure directly associated with a dwelling unit shall be calculated in
accordance with subdivisions 3 and 4.
When included on the same request for electrical inspection form,
inspection fees for detached accessory structures directly associated with the
dwelling unit may be combined with the dwelling unit fees to determine the
maximum number of separate inspections in accordance with subdivision 2.
(b) The inspection fee for each dwelling unit of a multifamily
dwelling with three to 12 or more dwelling units is $50 and
the fee for each additional dwelling unit is $25. $70 for a combination
of up to 20 feeders and circuits and $6 for each additional feeder or
circuit. This fee applies to each
separate installation for each new dwelling unit and where ten or more feeders
or circuits are installed or extended in connection with any addition,
alteration, or repair to existing dwelling units. Where existing feeders or circuits are reconnected to overcurrent
devices installed as part of the replacement of an existing panelboard, the fee
for each reconnected feeder or circuit is $2.
The maximum number of separate inspections for each dwelling unit shall
be determined in accordance with subdivision 2. The fee for additional inspections or for inspection of other
installations is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of
the wiring within individual dwelling units and the final feeder to that unit. This limitation is subject to the following
conditions:
(1)
where the
multifamily dwelling is provided with common service equipment and each
dwelling unit is supplied by a separate feeder or feeders extended from
common service or distribution equipment.
The fee for multifamily dwelling services or other power source supplies
and all other circuits is that specified in subdivisions 2 to 4; and.
(2) this limitation applies only to new installations for multifamily
dwellings where the majority of the individual dwelling units are available for
inspection during each inspection trip.
(c) A separate request for electrical inspection form must be filed for
each dwelling unit that is supplied with an individual set of service entrance
conductors. These fees are the
one-family dwelling rate specified in paragraph (a).
Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical supply for each manufactured home
park lot is $25 $35. This
fee includes the service or feeder conductors up to and including the service
equipment or disconnecting means. The
fee for feeders and circuits that extend from the service or disconnecting
means is that specified in subdivision 4.
(b) The fee for each recreational vehicle site electrical supply
equipment is $5 $6 for each circuit originating within the equipment. The fee for recreational vehicle park
services, feeders, and circuits is that specified in subdivisions 3 and 4.
(c) The fee for each street, parking lot, or outdoor area lighting
standard is $1, and the fee for each traffic signal standard is
$5. Circuits originating within the
standard or traffic signal controller shall not be used when computing
calculating the fee for each standard.
(d) The fee for transformers for light, heat, and power is $10
$15 for transformers rated up to ten kilovolt-amperes and $20 $30
for transformers rated in excess of ten kilovolt-amperes. The previous sentence does not apply to
Class 1 transformers or power supplies for Class 1 power-limited circuits or to
Class 2 or Class 3 transformers or power supplies.
(e)
The fee for transformers and electronic power supplies for electric signs and
outline lighting is $5 per unit.
(f) The fee for alarm, communication, remote control, and signaling
technology circuits or systems, and circuits of less than 50 volts, is 50
75 cents for each system device or apparatus.
(g) The fee for each separate inspection of the bonding for a swimming
pool, spa, fountain, an equipotential plane for an agricultural confinement
area, or similar installation shall be $20 is $35. Bonding conductors and connections require
an inspection before being concealed.
(h) The fee for all wiring installed on center pivot irrigation booms
is $40 $35 plus $5 for each electrical drive unit.
(i) The fee for retrofit modifications to existing lighting fixtures is
25 cents per lighting fixture luminaire.
(j) When a separate inspection of a concrete-encased grounding
electrode is performed, the fee is $35.
(k) The fees required by subdivisions 3 and 4 are doubled for
installations over 600 volts.
Subd. 7. Investigation fees: work
without a request for electrical inspection. (a) Whenever any work for which a request for electrical
inspection is required by the board has begun without the request for
electrical inspection form being filed with the board commissioner,
a special investigation shall be made before a request for electrical
inspection form is accepted by the board.
(b) An investigation fee, in addition to the full fee required by
subdivisions 1 to 6, shall be paid before an inspection is made. The investigation fee is two times the hourly
rate minimum fee specified in subdivision 10 2 or the
inspection fee required by subdivisions 1 to 6, whichever is greater, not to
exceed $1,000. The payment of the
investigation fee does not exempt any person from compliance with all other
provisions of the board department rules or statutes nor from any
penalty prescribed by law.
Subd. 8. Reinspection fee. Notwithstanding
the provisions of subdivisions 2 and 5, when reinspection is necessary to
determine whether unsafe conditions identified during a final inspection have
been corrected and the conditions are not the subject of an appeal pending
before the board commissioner or any court, a reinspection fee of
$20 may $35 shall be assessed in writing by the inspector.
Subd. 9. Supplemental fee. When
inspections scheduled by the installer are preempted, obstructed, prevented, or
otherwise not able to be completed as scheduled due to circumstances beyond the
control of the inspector, a supplemental inspection fee of $20 may
$35 shall be assessed in writing by the inspector.
Subd. 10. Special inspection. For
inspections not covered in this section, or for requested special inspections
or services, the fee shall be $30 is $80 per hour, including
travel time, plus 31 cents the standard mileage rate per mile
traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection
of empty conduits and other jobs as may be determined by the board
commissioner. This fee may also be
assessed when installations are not accessible by roadway and require alternate
forms of transportation. or are located in the Northwest Angle, or
when inspections are performed outside of Minnesota. For purposes of this subdivision, the standard mileage rate is
the standard mileage rate effective at the time of travel, as established by
the Internal Revenue Service for computing the deductible costs of operating an
automobile for business expense purposes.
Subd. 11. Inspection of transitory projects.
(a) For inspection of transitory projects including, but not limited to,
festivals, fairs, carnivals, circuses, shows, production sites, and portable
road construction plants, the inspection procedures and fees are as specified
in paragraphs (b) to (i).
(b)
The fee for inspection of each generator or other source of supply is that
specified in subdivision 3. A like fee
is required at each engagement or setup.
(c) In addition to the fee for generators or other sources of supply,
there must be an inspection of all installed feeders, circuits, and equipment
at each engagement or setup at the hourly rate specified in subdivision 10,
with a two-hour one-hour minimum.
(d) An owner, operator, or appointed representative of a transitory
enterprise including, but not limited to, festivals, fairs, carnivals,
circuses, production companies, shows, portable road construction plants, and
similar enterprises shall notify the board commissioner of its
itinerary or schedule and make application for initial inspection a minimum of
14 days before its first engagement or setup.
An owner, operator, or appointed representative of a transitory
enterprise who fails to notify the board commissioner 14 days
before its first engagement or setup may be subject to the investigation fees
specified in subdivision 7. The owner,
operator, or appointed representative shall request inspection and pay the
inspection fee for each subsequent engagement or setup at the time of the
initial inspection. For subsequent
engagements or setups not listed on the itinerary or schedule submitted to the board
commissioner and where the board commissioner is not notified
at least 48 hours in advance, a charge of $100 may be made in addition to all
required fees.
(e) Amusement rides, devices, concessions, attractions, or other units
must be inspected at their first appearance of the year. The inspection fee is $20 $35
per unit with a supply of up to 60 amperes and $30 $40 per unit
with a supply above 60 amperes.
(f) An additional fee at the hourly rate specified in subdivision 10
must be charged for additional time spent by each inspector if equipment is not
ready or available for inspection at the time and date specified on the
application for initial inspection or the request for electrical inspection
form.
(g) In addition to the fees specified in paragraphs (a) and (b), a fee
of two hours one hour at the hourly rate specified in subdivision
10 must be charged for inspections required to be performed on Saturdays,
Sundays, holidays, or after regular business hours.
(h) The fee for reinspection of corrections or supplemental inspections
where an additional trip is necessary may be assessed as specified in
subdivision 8.
(i) The board may commissioner shall retain the
inspection fee when an owner, operator, or appointed representative of a
transitory enterprise fails to notify the board commissioner at
least 48 hours in advance of a scheduled inspection that is canceled.
Subd. 12. Handling fee. The handling
fee to pay the cost of printing and handling of the paper form
requesting an electrical inspection is up to $1.
Subd. 13. National Electrical Code used for interpretation of provisions. For purposes of interpretation of this
section and Minnesota Rules, chapter 3800, the most recently adopted edition of
the National Electrical Code shall be prima facie evidence of the definitions,
interpretations, and scope of words and terms used.
ARTICLE 7
APPRENTICESHIP BOARD
Section 1. Minnesota Statutes
2006, section 178.01, is amended to read:
178.01 PURPOSES.
The purposes of this chapter are:
to open to young people regardless of race, sex, creed, color or
national origin, the opportunity to obtain training that will equip them for
profitable employment and citizenship; to establish as a means to this end, a
program of voluntary apprenticeship under approved apprentice agreements
providing facilities for
their training and guidance in the arts, skills, and crafts of industry and
trade, with concurrent, supplementary instruction in related subjects; to
promote employment opportunities under conditions providing adequate training
and reasonable earnings; to relate the supply of skilled workers to employment
demands; to establish standards for apprentice training; to establish an
Apprenticeship Advisory Council Board and apprenticeship
committees to assist in effectuating the purposes of this chapter; to provide
for a Division of Labor Standards and Apprenticeship within the Department of
Labor and Industry; to provide for reports to the legislature regarding the
status of apprentice training in the state; to establish a procedure for the
determination of apprentice agreement controversies; and to accomplish related
ends.
Sec. 2. Minnesota Statutes
2006, section 178.02, is amended to read:
178.02 APPRENTICESHIP ADVISORY
COUNCIL BOARD.
Subdivision 1. Members. The commissioner of labor and industry, hereinafter called the
commissioner, shall appoint an Apprenticeship Advisory Council Board,
hereinafter referred to as the council board, composed of three
representatives each from employer and employee organizations, and two
representatives of the general public.
The director of education responsible for career and technical education
or designee shall be an ex officio member of the council board
and shall serve in an advisory capacity only.
Subd. 2. Terms. The council
board shall expire and the terms, compensation, and removal of appointed
members shall be as provided in section 15.059, except that the council
shall not expire before June 30, 2003.
Subd. 4. Duties. The council
board shall meet at the call of the commissioner. It shall propose occupational classifications for apprenticeship
programs; propose minimum standards for apprenticeship programs and agreements;
and advise on the establishment of such policies, procedures, and rules as the commissioner
board deems necessary in implementing the intent of this chapter.
Sec. 3. Minnesota Statutes
2006, section 178.03, subdivision 3, is amended to read:
Subd. 3. Duties and functions. The
director, under the supervision of the commissioner, and with the advice and
consultation of the Apprenticeship state,
except that no wage determination by the director shall alter an existing wage
provision for apprentices or journeymen that is contained in a bargaining
agreement in effect between an employer and an organization of employees, nor
shall the director make any determination for the beginning rate for an
apprentice that is below the wage minimum established by federal or state law.Advisory Council Board, is
authorized: to administer the
provisions of this chapter; to promote apprenticeship and other forms of on the
job training; to establish, in cooperation and consultation with the
Apprenticeship Advisory Council Board and with the apprenticeship
committees, conditions and training standards for the approval of
apprenticeship programs and agreements, which conditions and standards shall in
no case be lower than those prescribed by this chapter; to promote equal
employment opportunity in apprenticeship and other on the job training and to
establish a Minnesota plan for equal employment opportunity in apprenticeship
which shall be consistent with standards established under Code of Federal
Regulations, title 29, part 30, as amended; to issue certificates of
registration to sponsors of approved apprenticeship programs; to act as
secretary of the Apprenticeship Advisory Council Board; to
approve, if of the opinion that approval is for the best interest of the
apprentice, any apprenticeship agreement which meets the standards established
hereunder; to terminate any apprenticeship agreement in accordance with the
provisions of such agreement; to keep a record of apprenticeship agreements and
their disposition; to issue certificates of completion of apprenticeship; and
to perform such other duties as the commissioner deems necessary to carry out
the intent of this chapter; provided, that the administration and supervision
of supplementary instruction in related subjects for apprentices; coordination
of instruction on a concurrent basis with job experiences, and the selection
and training of teachers and coordinators for such instruction shall be the
function of state and local boards responsible for vocational education. The director shall have the authority to
make wage determinations applicable to the graduated schedule of wages and
journeyman wage rate for apprenticeship agreements, giving consideration to the
existing wage rates prevailing throughout the
Sec. 4. Minnesota Statutes
2006, section 178.041, subdivision 1, is amended to read:
Subdivision 1. Rules.
The commissioner may, upon receipt of the council's board's
proposals, accept, adopt, and issue them by rule with any modifications or
amendments the commissioner finds appropriate.
The commissioner may refer them back to the council board
with recommendations for further study, consideration and revision. If the commissioner refuses to accept,
adopt, and issue by rule or other appropriate action a board proposal, the
commissioner must provide a written explanation of the reason for the refusal
to the board within 30 days after the board submitted the proposal to the
commissioner. Additional rules may
be issued as the commissioner may deem necessary.
ARTICLE 8
MISCELLANEOUS
Section 1. Minnesota Statutes
2006, section 190.096, is amended to read:
190.096 BATTLE FLAGS;
REPAIR.
Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota
Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota
Historical Society may contract for the repair, restoration, and
preservation of regimental battle flags, standards, and guidons with persons or
corporations skilled in such repair, restoration, and preservation, upon terms
or conditions the adjutant general or the Minnesota Historical Society deems
proper, subject to the approval of the commissioner of administration.
Subd. 2. Surrender. Notwithstanding the
provisions of this section or section 190.09, the adjutant general or
the Minnesota Historical Society may, for the purposes of this section,
surrender the immediate custody and control of regimental battle flags,
standards, and guidons under conditions and safeguards the adjutant general or
the Minnesota Historical Society deems necessary and proper, for such time
as is reasonably necessary for their restoration, after which they shall at
once be again properly stored or displayed.
The adjutant general or the Minnesota Historical Society shall
provide adequate storage and display space for flags, standards, and guidons
which have been repaired and restored.
Subd. 3. Battle flags; care and control. (a) The flags and colors carried by Minnesota troops in the
Civil War, Indian Wars, and the Spanish-American War shall be preserved under
the care and control of the Minnesota Historical Society. They shall be suitably encased and marked,
and, so far as the historical society may deem it consistent with the safety of
the flags and colors, they shall be publicly displayed in the capitol.
(b) The flags and colors carried by Minnesota troops in subsequent wars
shall be preserved under the care and control of the adjutant general. They shall be suitably encased and marked,
and, so far as the adjutant general may deem it consistent with the safety of
the flags and colors, shall be publicly displayed.
Sec. 2. Minnesota Statutes
2006, section 327.33, subdivision 2, is amended to read:
Subd. 2. Fees. The commissioner
shall by rule establish reasonable fees for seals, installation seals and
inspections which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35.
The commissioner shall also establish by rule a monitoring inspection
fee in an amount that will comply with the secretary's fee distribution
program. This monitoring inspection fee
shall be an amount paid by the manufacturer for each manufactured home produced
in Minnesota. The monitoring inspection
fee shall be paid by the manufacturer to the secretary. The rules of the fee distribution program
require the secretary to distribute the fees collected from all manufactured
home manufacturers among states approved and conditionally approved based on
the number of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or purchaser in that
state. All money collected by the
commissioner through fees prescribed by sections 327.31 to 327.36 shall be
deposited in the state government special revenue fund and is appropriated to
the commissioner for the purpose of administering and enforcing the
Manufactured Home Building Code under sections 327.31 to 327.36.
Sec. 3. Minnesota Statutes
2006, section 327.33, subdivision 6, is amended to read:
Subd. 6. Authorization as agency.
The commissioner shall apply to the secretary for approval of the
commissioner as the administrative agency for the regulation of manufactured
homes under the rules of the secretary.
The commissioner may make rules for the administration and enforcement
of department responsibilities as a state administrative agency including, but
not limited to, rules for the handling of citizen's complaints. All money received for services provided by
the commissioner or the department's authorized agents as a state
administrative agency shall be deposited in the general construction
code fund. The commissioner is
charged with the adoption, administration, and enforcement of the Manufactured
Home Construction and Safety Standards, consistent with rules and regulations
promulgated by the United States Department of Housing and Urban
Development. The commissioner may adopt
the rules, codes, and standards necessary to enforce the standards promulgated
under this section. The commissioner is
authorized to conduct hearings and presentations of views consistent with
regulations adopted by the United States Department of Housing and Urban
Development and to adopt rules in order to carry out this function.
Sec. 4. Minnesota Statutes
2006, section 327B.04, subdivision 7, is amended to read:
Subd. 7. Fees; licenses; when granted.
Each application for a license or license renewal must be accompanied by
a fee in an amount established by the commissioner by rule pursuant to section
327B.10. The fees shall be set in an
amount which over the fiscal biennium will produce revenues approximately equal
to the expenses which the commissioner expects to incur during that fiscal
biennium while administering and enforcing sections 327B.01 to 327B.12. All money collected by the commissioner
through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in
the state government special revenue fund and is appropriated to the
commissioner for purposes of administering and enforcing the provisions of this
chapter. The commissioner shall
grant or deny a license application or a renewal application within 60 days of
its filing. If the license is granted,
the commissioner shall license the applicant as a dealer or manufacturer for
the remainder of the calendar year.
Upon application by the licensee, the commissioner shall renew the
license for a two year period, if:
(a) the renewal application satisfies the requirements of subdivisions
3 and 4;
(b) the renewal applicant has made all listings, registrations, notices
and reports required by the commissioner during the preceding year; and
(c) the renewal applicant has paid all fees owed pursuant to sections
327B.01 to 327B.12 and all taxes, arrearages, and penalties owed to the state.
Sec. 5. Minnesota Statutes
2006, section 462A.21, subdivision 8b, is amended to read:
Subd. 8b. Family rental housing. It
may establish a family rental housing assistance program to provide loans or
direct rental subsidies for housing for families with incomes of up to 80
percent of state median income, or to provide grants for the operating cost
of public housing. Priority must be
given to those developments with resident families with the lowest
income. The development may be financed
by the agency or other public or private lenders. Direct rental subsidies must be administered by the agency for
the benefit of eligible families.
Financial assistance provided under this subdivision to recipients of
aid to families with dependent children must be in the form of vendor payments
whenever possible. Loans, grants,
and direct rental subsidies under this subdivision may be made only with
specific appropriations by the legislature.
The limitations on eligible mortgagors contained in section 462A.03,
subdivision 13, do not apply to loans for the rehabilitation of existing
housing under this subdivision.
Sec. 6. Minnesota Statutes
2006, section 462A.33, subdivision 3, is amended to read:
Subd. 3. Contribution requirement.
Fifty percent of the funds appropriated for this section must be used
for challenge grants or loans which meet the requirements of this
subdivision for housing proposals with financial or in-kind
contributions from nonstate resources that reduce the need for deferred loan or
grant funds from state resources. These
Challenge grants or loans must be used for economically viable homeownership or
rental housing proposals that:
(1) include a financial or in-kind contribution from an area employer
and either a unit of local government or a private philanthropic, religious, or
charitable organization; and
(2)
address the housing needs of the local work force.
Among comparable proposals, preference must be given to proposals that
include contributions from nonstate resources for the greatest portion of the
total development cost. Comparable
proposals with contributions from local units of government or private
philanthropic, religious, or charitable organizations must be given preference
in awarding grants or loans.
For the purpose of this subdivision, an employer a
contribution may consist partially or wholly of the premium paid for federal
housing tax credits.
Preference for grants and loans shall also be given to comparable
proposals that include a financial or in-kind contribution from a unit of local
government, an area employer, and a private philanthropic, religious, or
charitable organization.
Sec. 7. Minnesota Statutes
2006, section 469.021, is amended to read:
469.021 PREFERENCES.
As between applicants equally in need and eligible for occupancy of a
dwelling and at the rent involved, preference shall be given to disabled
veterans, persons with disabilities, and families of service persons who
died in service and to families of veterans.
In admitting families of low income to dwelling accommodations in any
housing project an authority shall, as far as is reasonably practicable, give
consideration to applications from families to which aid for dependent
children is payable receiving assistance under chapter 256J, and to
resident families to whom public assistance or supplemental security income for
the aged, blind, and disabled is payable, when those families are otherwise
eligible.
Sec. 8. NANOTECHNOLOGY DEVELOPMENT FUND PROGRAM.
Subdivision 1. Program established; purpose. The nanotechnology development fund program (NDF) is
established to develop a collaborative economic development initiative between
the state of Minnesota, the private sector, and multiple academic institutions
to promote by small businesses an increased use of advanced nanoinstrumentation
for characterization, fabrication, and other related processes; provide
research consulting by knowledgeable specialists; and provide student
internship opportunities to increase nanotechnology experience by working with
small, medium, or large Minnesota companies.
The NDF program shall be administered by the Department of Employment
and Economic Development and is not a state agency.
Subd. 2.
(1) a Minnesota small business corporation, sole proprietorship, or
partnership that has fewer than 50 employees; or
(2) a Minnesota business corporation, sole proprietorship, or
partnership that:
(i) has 51 to 100 employees; and
(ii) demonstrates current financial adversity or risk or a major
prospect of aiding the business's long-term outlook by significant use of
nanotechnology in the business's offerings.
Subd. 3. Grants. The
commissioner shall extend onetime matching grants from the NDF to qualifying
Minnesota small businesses located throughout the state to:
(1) add nanotechnology applications to products that are being
developed by Minnesota small businesses to enhance distinctiveness;
(2) promote the depth, breadth, and value of technologies being
developed by Minnesota businesses with the aid of nanotechnology;
(3) encourage more frequent use of nanoinstrumentation to speed
businesses' product time-to-market, with higher incidence of distinct product
characteristics;
(4) provide Minnesota small businesses with broader access to
experienced research consultants; and
(5) increase the number of researchers experienced in working with
nanoinstrumentation.
Subd. 4. Grant application and award procedure. (a) The commissioner may give priority to
applicants:
(1) whose intellectual property would benefit from utilization of
nanoinstrumentation not possessed in-house;
(2) who are currently utilizing nanoinstrumentation either at the
University of Minnesota or a private sector location on a leased, hourly basis;
and
(3) who wish to increase their access to experienced research
consultants.
(b) The commissioner shall decide whether to award a grant to an
eligible applicant based on:
(1) the applicant's planned frequency of usage of nanoinstrumentation
for characterization, fabrication, and other related processes; and
(2) the applicant's demonstration of rental of nanoinstrumentation, in
the form of a signed affidavit from a certified facility to confirm the
one-to-one private sector investment has been met.
(c) A grant made under this section must:
(1) include verification of matching rental fees or internship stipends
paid by the grantee; and
(2) be for a total amount paid to each grantee of not less than $500
nor more than $20,000 within the biennium.
Subd. 5.
Subd. 6. Gifts and donations.
Gifts and donations, including land or interests in land, may be made
to NDF. Noncash gifts and donations
must be disposed of for cash as soon as the commissioner of employment and
economic development can prudently maximize the value of the gift or donation.
Subd. 7. Report to legislature.
By June 30 of each odd-numbered year, the commissioner of employment
and economic development must submit a report to the legislature with
statistics about the use of the NDF.
Sec. 9. WORK GROUP.
The commissioner of employment and economic development shall convene a
work group to evaluate the impact of the money appropriated for wage incentives
and how the wage incentive program works.
The work group is to make recommendations to the legislature by January
15, 2008.
Sec. 10. EFFECTIVE DATE.
Unless another effective date is expressly provided, this act is
effective July 1, 2007."
Delete the title and insert:
"A bill for an act relating to state government; appropriating
money for jobs, economic development, and housing; establishing and modifying
certain programs; providing for regulation of certain activities and practices;
providing for accounts, assessments, and fees; providing penalties; amending
Minnesota Statutes 2006, sections 13.7931, by adding a subdivision; 16B.61,
subdivision 1a; 16B.63, subdivision 5; 16B.65, subdivisions 1, 5a; 16B.70,
subdivision 2; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555,
subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.01,
by adding a subdivision; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.20,
subdivision 1; 116L.666, subdivision 1; 116M.18, subdivision 6a; 154.003;
177.27, subdivisions 1, 4, 8, 9, 10; 177.28, subdivision 1; 177.30; 177.43,
subdivisions 3, 4, 6, by adding a subdivision; 178.01; 178.02; 178.03,
subdivision 3; 178.041, subdivision 1; 179A.04, subdivision 3; 181.932,
subdivision 1; 181.935; 182.65, subdivision 2; 190.096; 268.085, subdivision 3;
268.196, by adding a subdivision; 268A.01, subdivision 13, by adding a
subdivision; 268A.085, subdivision 1; 268A.15, by adding a subdivision; 298.22,
subdivision 2; 298.227; 325E.37, subdivision 6; 326.01, subdivision 6g;
326.242, subdivisions 3d, 5, 8, 11, by adding a subdivision; 326.2441; 326.37,
subdivision 1, by adding a subdivision; 326.38; 326.40, subdivision 1; 326.401,
subdivision 2; 326.405; 326.42, subdivision 1; 326.46; 326.47, subdivision 2;
326.48, subdivisions 1, 2, by adding a subdivision; 326.50; 326.975,
subdivision 1; 326.992; 327.33, subdivisions 2, 6; 327B.04, subdivision 7;
341.21, by adding a subdivision; 341.22; 341.25; 341.27; 341.28, subdivision 2,
by adding a subdivision; 341.32, subdivision 2; 341.321; 462.39, by adding a
subdivision; 462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021; 469.334;
471.471, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapters 116O; 154; 179; 181; 181A; 182; 325E; 326; proposing coding for new
law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes 2006,
sections 16B.747, subdivision 4; 16C.18, subdivision 2; 176.042; 183.375,
subdivision 5; 183.545, subdivision 9; 268.035, subdivision 9; 326.241; 326.44;
326.45; 326.52; 326.64; 326.975."
We
request the adoption of this report and repassage of the bill.
Senate Conferees: David J.
Tomassoni, James P. Metzen, Dan Sparks and Linda Scheid.
House Conferees: Mary Murphy, Tom Rukavina, Karen Clark and Tim
Mahoney.
Murphy, M., moved that the report of the Conference Committee
on S. F. No. 2089 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
CALL
OF THE HOUSE
On the motion of Seifert and on the demand of 10 members, a
call of the House was ordered. The
following members answered to their names:
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, N.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slawik
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Tillberry
Tingelstad
Tschumper
Urdahl
Ward
Wardlow
Welti
Winkler
Wollschlager
Zellers
Spk. Kelliher
Sertich moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
The Speaker called Juhnke to the Chair.
Slawik was excused between the hours of 5:05 p.m. and 7:00 p.m.
Erhardt was excused for the remainder of today's session.
S. F. No. 2089, A bill for an act relating to state government;
appropriating money for jobs and economic development purposes; establishing
and modifying certain programs; regulating certain activities and practices;
providing for accounts, assessments, and fees; modifying provisions governing
contractors; requiring studies; amending Minnesota Statutes 2006, sections
13.712, by adding a subdivision; 13.7905, by adding a subdivision; 16B.61,
subdivision 1a; 16B.65, subdivisions 1, 5a; 16B.70, subdivision 2; 80A.28,
subdivision 1; 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555,
subdivision 1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 116L.17,
subdivision 1; 116L.20, subdivision 1; 116M.18, subdivision 6a; 177.27,
subdivisions 1, 4; 268A.01, subdivision 13, by adding a subdivision; 268A.085,
subdivision 1; 268A.15, by adding a subdivision; 298.22, subdivision 2;
298.227; 326.242, subdivision 8, by adding a subdivision; 326.2441; 326.37,
subdivision 1; 326.38; 326.40, subdivision 1; 326.401, subdivision 2; 326.42,
subdivision 1; 326.46; 326.461, by adding a subdivision; 326.47,
subdivisions 2, 6; 326.48, subdivisions 1, 2; 326.50; 326.51; 326.52; 326.975,
subdivision 1; 326.992; 327.33, subdivisions 2, 6; 327B.04, subdivision 7;
462A.21, subdivision 8b; 462A.33, subdivision 3; 471.471, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 177; 181; 182;
326; proposing coding for new law as Minnesota Statutes, chapters 59C; 326B;
repealing Minnesota Statutes 2006, sections 16B.747, subdivision 4; 16C.18,
subdivision 2; 181.722; 183.375, subdivision 5; 183.545, subdivision 9;
326.241; 326.44; 326.52; 326.64; 326.975.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 84 yeas and
44 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Beard
Berns
Brod
Buesgens
Cornish
Dean
DeLaForest
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Paulsen
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Tingelstad
Wardlow
Westrom
Wollschlager
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
CALL
OF THE HOUSE LIFTED
Sertich moved that the call of the House be lifted. The motion prevailed and it was so ordered.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 1997.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First Assistant Secretary of the Senate
CONFERENCE
COMMITTEE REPORT ON S. F. No. 1997
A bill for an act relating to government operations;
appropriating money for the general legislative and administrative expenses of
state government; raising fees; regulating state and local government
operations; modifying provisions related to public employment; providing for
automatic voter registration; abolishing the Department of Employee Relations;
amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12,
subdivision 1; 15.06, subdivisions 2, 8; 15B.17, subdivision 1; 16A.1286,
subdivision 2; 16B.03; 16C.08, subdivision 2; 43A.02, by adding a subdivision;
43A.03, subdivision 3; 43A.08, subdivisions 1, 2a; 43A.24, subdivision 1;
43A.346, subdivision 1; 45.013; 84.01, subdivision 3; 116.03, subdivision 1;
116J.01, subdivision 5; 116J.035, subdivision 4; 174.02, subdivision 2; 201.12;
201.13, subdivision 3; 201.161; 241.01, subdivision 2; 270B.14, by adding a
subdivision; 302A.821, subdivision 4; 321.0206; 336.1-110; 336.9-525; 471.61,
subdivision 1a; 517.08, subdivisions 1b, 1c; Laws 2005, First Special Session
chapter 1, article 4, section 121; proposing coding for new law in Minnesota
Statutes, chapters 5; 13; 16B; 16C; repealing Minnesota Statutes 2006, sections
43A.03, subdivision 4; 43A.08, subdivision 1b; Laws 2006, chapter 253, section
22.
May 3,
2007
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We,
the undersigned conferees for S. F. No. 1997 report that we have agreed upon
the items in dispute and recommend as follows:
That
the House recede from its amendments and that S. F. No. 1997 be further amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
STATE
GOVERNMENT APPROPRIATIONS
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $357,713,000 $319,107,000 $676,820,000
Health Care Access 1,821,000 1,862,000 3,683,000
State Government Special
Revenue 2,119,000 2,124,000 4,243,000
Environmental
Remediation 250,000 250,000 500,000
Special Revenue 6,843,000 3,839,000 10,682,000
Highway User Tax
Distribution 2,139,000 2,183,000 4,322,000
Workers' Compensation 7,640,000 7,350,000 14,990,000
Total $378,967,000 $337,163,000 $716,130,000
Sec. 2. STATE GOVERNMENT APPROPRIATIONS.
The sums shown in the columns marked
"appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first
year" is fiscal year 2008.
"The second year" is fiscal year 2009. "The biennium" is fiscal years
2008 and 2009.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. LEGISLATURE
Subdivision 1. Total Appropriation $76,444,000 $71,494,000
Appropriations by
Fund
2008 2009
General 76,316,000 71,366,000
Health Care Access 128,000 128,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Senate 26,320,000 23,677,000
Subd. 3. House of Representatives 33,168,000 31,746,000
During the biennium ending
June 30, 2009, any revenues received by the house of representatives from
sponsorship notices in broadcast or print media are appropriated to the house
of representatives.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 4. Legislative Coordinating Commission 16,938,000 16,071,000
Appropriations by
Fund
General 16,810,000 15,943,000
Health Care Access 128,000 128,000
(a) $5,624,000 the first
year and $5,469,000 the second year are for the Office of the Revisor of
Statutes.
(b) $1,257,000 the first
year and $1,254,000 the second year are for the Legislative Reference Library.
(c) $5,719,000 the first
year and $5,720,000 the second year are for the Office of the Legislative
Auditor.
(d) $750,000 the first year
is to the Legislative Coordinating Commission for a facilitated planning
process relating to the Capitol building and the Capitol campus. The process must be conducted in cooperation
with the Capitol Area Architectural and Planning Board and the commissioner of
administration, and must include consideration of issues relating to renovation
and possible expansion of the Capitol building, phasing strategies relating to
renovation of the Capitol, and related campus planning issues. The process must include consideration of as
many options as feasible relating to renovation of the Capitol and related
campus buildings. The process must be
completed by September 30, 2007.
(e) All legislative offices
should, whenever possible, implement information technology systems that are
compatible and work seamlessly across the legislature. Wherever possible, single systems should be
implemented to avoid unnecessary duplication and inefficiency. The directors of information technology for
the senate, house of representatives, and the Legislative Coordinating
Commission must submit a written report describing their efforts to collaborate
on implementing shared information technology systems. The report must be submitted to the chairs
of the house of representatives and senate committees with jurisdiction over
rules and to the Legislative Coordinating Commission on January 15, 2008, and
January 15, 2009.
Sec. 4. GOVERNOR AND LIEUTENANT GOVERNOR
$3,679,000 $3,777,000
(a) This appropriation is to
fund the Office of the Governor and Lieutenant Governor.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$19,000 the first year and
$19,000 the second year are for necessary expenses in the normal performance of
the governor's and lieutenant governor's duties for which no other
reimbursement is provided.
(b) By September 1 of each
year, the commissioner of finance shall report to the chairs of the senate
Governmental Operations Budget Division and the house State Government Finance
Division any personnel costs incurred by the Office of the Governor and
Lieutenant Governor that were supported by appropriations to other agencies
during the previous fiscal year. The
Office of the Governor shall inform the chairs of the divisions before
initiating any interagency agreements.
Sec. 5. STATE AUDITOR $9,234,000 $9,220,000
Sec. 6. ATTORNEY GENERAL $26,182,000 $27,113,000
Appropriations by
Fund
2008 2009
General 24,068,000 24,994,000
State Government
Special Revenue 1,719,000 1,724,000
Environmental 145,000 145,000
Remediation 250,000 250,000
Sec. 7. SECRETARY OF STATE $9,129,000 $6,517,000
Appropriations by
Fund
2008 2009
General 6,285,000 6,517,000
Special Revenue 2,844,000
(a) $310,000 of this
appropriation must be transferred to the Help America Vote Act account and is
designated as a portion of the match required by section 253(b)(5) of the Help
America Vote Act.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) $2,844,000 the first
year is appropriated from the Help America Vote Act account for the purposes
and uses authorized by federal law.
This appropriation is available until June 30, 2009.
(c) Notwithstanding
Laws 2005, chapter 162, section 34, subdivision 7, any balance remaining in
the Help America Vote Act account after previous appropriations and the
appropriations in this section is appropriated to the secretary of state for
the purposes of the account. This
appropriation is available until June 30, 2011.
Sec. 8. CAMPAIGN FINANCE AND
PUBLIC DISCLOSURE BOARD $714,000 $735,000
Sec. 9. INVESTMENT BOARD $151,000 $151,000
Sec. 10. OFFICE OF ENTERPRISE TECHNOLOGY $10,943,000 $7,739,000
(a) $2,000,000 the first
year is for the first phase of an electronic licensing system. This is a onetime appropriation. This appropriation carries forward to the
second year.
(b) $3,910,000 the first
year and $3,910,000 the second year are for information technology
security. The base appropriation is
$2,682,000 in fiscal year 2010 and $2,682,000 in fiscal year 2011.
(c) $1,000,000 the first
year is for select small agency technology infrastructure projects.
(d) $68,000 the first year
is for an electronic documents study and report.
(e) $200,000 the first year
is for grants to be distributed to the counties participating in the
development of the integrated financial system for enhancements to the
system. Enhancements include:
(1) systems to improve the
tracking and reporting of state and federal grants;
(2) electronic payments to
vendors;
(3) electronic posting of
state payments to the financial system;
(4) automating revenue
collection and posting through check conversion, automatic clearing house
transactions, or credit card processing;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(5) improvements to county
budgetary systems;
(6) storage or linkage of
electronic documents;
(7) improved executive level
reporting and extraction of data; and
(8) improved information and
reporting for audits.
The grant funds shall be
distributed on a pro rata basis to each of the counties participating in the
development of the integrated financial system. The Minnesota Counties Computer Cooperative, acting as a fiscal
agent for the participating counties, shall receive the grant money for the
counties. The grants will only be
distributed after $600,000 is expended or provided from other sources. The chief information officer may require a
report or such other information as the chief information officer deems
appropriate to verify that the requirements of this section have been met. This appropriation is available until June
30, 2011, and cancels on that date.
The chief information
officer shall report to the legislative committees and divisions with
jurisdiction over state government policy and finance and economic development
programs.
Sec. 11. ADMINISTRATIVE HEARINGS $7,823,000 $7,540,000
Appropriations by
Fund
2008 2009
General 283,000 290,000
Workers'
Compensation 7,540,000 7,250,000
Sec. 12. ADMINISTRATION
Subdivision 1. Total Appropriation $42,320,000 $22,128,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. State Facilities Services 14,496,000 11,208,000
(a) $7,888,000 the first
year and $7,888,000 the second year are for office space costs of the
legislature and veterans organizations, for ceremonial space, and for
statutorily free space.
(b) $2,500,000 the first
year is to purchase and implement a Web-enabled, shared computer system to
facilitate the state's real property portfolio management.
(c) $885,000 the first year
is for onetime funding of agency relocation expenses for the Department of
Public Safety.
Subd. 3. State and Community Services 3,456,000 3,547,000
(a) $60,000 the first year
and $240,000 the second year are to fund activities to prepare for and promote
the 2010 census. Base funding for this
activity is $260,000 in fiscal year 2010 and $180,000 in fiscal year 2011.
(b) $1,100,000 the first
year and $1,100,000 the second year are for the Land Management Information
Center.
(c) $196,000 the first year
and $196,000 the second year are for the Office of the State Archaeologist.
(d) $89,000 the first year
is for the genetic information work group and report. This appropriation is available until June 30, 2009.
Subd. 4. Administrative Management Services
6,197,000 5,418,000
(a) $125,000 the first year
is to create an Office of Grants Management to standardize state grants
management policies and procedures.
(b) $250,000 the first year
and $250,000 the second year are to establish a small agency resource team to
consolidate and streamline the human resources and financial management
activities for small state agencies, boards, and councils.
(c) $700,000 the first year
is a onetime appropriation for a targeted group business disparity study. The commissioner must cooperate with units
of local government conducting similar studies. The commissioner shall ensure that the results of the study are
kept current and that any new or upgraded accounting or procurement systems
properly record purchases from minority and female-owned businesses through the
use of state contracts, and the availability of bids from those businesses.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(d) $74,000 the first year
and $74,000 the second year are for the Council on Developmental Disabilities.
(e) $250,000 in fiscal year
2008 and $250,000 in fiscal year 2009 are for a grant to the Council on
Developmental Disabilities for the purpose of establishing a statewide
self-advocacy network for persons with intellectual and developmental
disabilities (ID/DD). The self-advocacy
network shall:
(1) ensure that persons with
ID/DD are informed of their rights in employment, housing, transportation,
voting, government policy, and other issues pertinent to the ID/DD community;
(2) provide public education
and awareness of the civil and human rights issues persons with ID/DD face;
(3) provide funds, technical
assistance, and other resources for self-advocacy groups across the state; and
(4) organize systems of
communications to facilitate an exchange of information between self-advocacy
groups.
This appropriation is in
addition to any other appropriations and must be added to the base
appropriation beginning in fiscal year 2010.
(f) $75,000 is for purposes
of promotion of document imaging work in government agencies to be done by
persons with developmental disabilities.
Subd. 5. Fiscal Agent 1,100,000
(a) $100,000 the first year
is for the sustainable growth working group.
(b) $1,000,000 is for a
grant to Washington County for capital improvements detailed in the approved
planned unit development for the Disabled Veteran's Rest Camp to provide
increased capacity, amenities, access, and safety for Minnesota veterans. This appropriation is available until spent.
Subd. 6. Public Broadcasting $17,071,000 $1,955,000
(a) $9,750,000 is for grants
to noncommercial television stations to assist with the continued conversion to
a digital broadcast signal as mandated by the
federal government. This appropriation
must be
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
used to assist each station
to complete its digital production facilities and interconnect with other
Minnesota public television stations.
In order to qualify for these grants, a station must meet the criteria
established for grants in Minnesota Statutes, section 129D.12, subdivision 2.
(b) $3,000,000 is for grants
to Minnesota Public Radio to assist with conversion to a digital broadcast
signal.
(c) $2,461,000 the first
year and $1,161,000 the second year are for matching grants for public
television.
(d) $200,000 the first year
and $200,000 the second year are for public television equipment grants. Equipment or matching grant allocations
shall be made after considering the recommendations of the Minnesota Public
Television Association.
(e) $17,000 the first year
and $17,000 the second year are for grants to the Twin Cities regional cable
channel.
(f) $413,000 in fiscal year
2008 and $287,000 in fiscal year 2009 are for community service grants to
public educational radio stations.
(g) $400,000 in fiscal year
2008 and $100,000 in fiscal year 2009 are for equipment grants to public
educational radio stations.
(h) The grants in paragraphs
(f) and (g) must be allocated after considering the recommendations of the
Association of Minnesota Public Educational Radio Stations under Minnesota
Statutes, section 129D.14.
(i) $830,000 the first year
and $190,000 the second year are for equipment grants to Minnesota Public
Radio, Inc.
(j) Any unencumbered balance
remaining the first year for grants to public television or radio stations does
not cancel and is available for the second year.
Sec. 13. CAPITOL AREA ARCHITECTURAL AND PLANNING
BOARD $427,000 $373,000
$65,000 in fiscal year 2008
is for the decennial expenses related to the board's duties under Minnesota
Statutes, section 473.864, subdivisions 1 and 2. Money appropriated in fiscal year 2008 is available until June
30, 2009. This is a onetime
appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 14. FINANCE
Subdivision 1. Total Appropriation $21,765,000 $15,596,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. State Financial Management 8,923,000 8,905,000
$250,000 the first year is
for the state's share of the cost of bankruptcy counsel representing joint
interests of the state and the city of Duluth in the Northwest Airlines
bankruptcy. This is a onetime
appropriation.
Subd. 3. Information and Management Services
12,842,000 6,691,000
$6,319,000 the first year is
for costs related to the Minnesota Accounting and Procurement System (MAPS).
Sec. 15. EMPLOYEE RELATIONS $6,245,000 $5,839,000
(a) $250,000 each year is
for the Center for Health Care Purchasing Improvement. This is a onetime appropriation.
(b) $350,000 the first year
is to support the use of an electronic portfolio system to provide personal
health records for MnSCU employees and other participants in the state employee
group insurance program. Of this
amount, $50,000 is for transfer to the University of Minnesota Health
Informatics Division to evaluate the use and impact of personal health records
on these employees. This appropriation
is available until June 30, 2009.
Sec. 16. REVENUE
Subdivision 1. Total Appropriation $127,420,000 $123,224,000
Appropriations by
Fund
2008 2009
General 123,291,000 119,004,000
Health Care Access 1,693,000 1,734,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Highway User
Tax Distribution 2,139,000 2,183,000
Environmental 297,000 303,000
The amounts that may be
spent for each purpose are specified in subdivisions 2 and 3.
Subd. 2. Tax System Management 107,098,000 101,045,000
Appropriations by
Fund
General 102,969,000 96,825,000
Health Care Access 1,693,000 1,734,000
Highway User
Tax Distribution 2,139,000 2,183,000
Environmental 297,000 303,000
(a) $6,910,000 the first
year and $8,704,000 the second year are for additional activities to identify
and collect tax liabilities from individuals and businesses that currently do
not pay all taxes owed. This initiative
is expected to result in new general fund revenues of $42,400,000 for the
biennium ending June 30, 2009.
(b) The department must
report to the chairs of the house of representatives Ways and Means and senate
Finance Committees by March 1, 2008, and January 15, 2009, on the following
performance indicators:
(1) the number of
corporations noncompliant with the corporate tax system each year and the
percentage and dollar amounts of valid tax liabilities collected;
(2) the number of businesses
noncompliant with the sales and use tax system and the percentage and dollar
amount of the valid tax liabilities collected; and
(3) the number of individual
noncompliant cases resolved and the percentage and dollar amounts of valid tax
liabilities collected.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(c) The reports must also
identify base-level expenditures and staff positions related to compliance and
audit activities, including baseline information as of January 1, 2006. The information must be provided at the
budget activity level.
(d) $10,000,000 the first
year is for the purchase and development of an integrated tax software package.
(e) $75,000 the first year
and $75,000 the second year are for grants to one or more nonprofit
organizations, qualifying under section 501(c)(3) of the Internal Revenue Code
of 1986, to coordinate, facilitate, encourage, and aid in the provision of
taxpayer assistance services. For
purposes of this paragraph, "taxpayer assistance services" means
accounting and tax preparation services provided by volunteers to low-income
and disadvantaged Minnesota residents to help them file federal and state
income tax returns and Minnesota property tax refund claims and may include
providing personal representation before the Department of Revenue and Internal
Revenue Service.
Subd. 3. Accounts Receivable Management 20,322,000 22,179,000
$1,750,000 the first year
and $3,110,000 the second year are for additional activities to identify and
collect tax liabilities from individuals and businesses that currently do not
pay all taxes owed. This initiative is
expected to result in new general fund revenues of $60,000,000 for the biennium
ending June 30, 2009.
Sec. 17. GAMBLING CONTROL $2,869,000 $2,940,000
These appropriations are
from the lawful gambling regulation account in the special revenue fund.
Sec. 18. RACING COMMISSION $1,130,000 $899,000
(a) These appropriations are
from racing and card playing regulation accounts in the special revenue fund.
(b) $295,000 the first year
and $64,000 the second year and thereafter are for information technology
improvements implemented in consultation with the Office of Enterprise
Technology as part of the small agency technology initiative.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 19. STATE LOTTERY
Notwithstanding Minnesota
Statutes, section 349A.10, subdivision 3, the operating budget must not exceed
$27,378,000 in fiscal year 2008 and $28,141,000 in fiscal year 2009.
Sec. 20. TORT CLAIMS $161,000 $161,000
To be spent by the
commissioner of finance. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
Sec. 21. MINNESOTA STATE RETIREMENT SYSTEM
Subdivision 1. Total Appropriation $1,608,000 $1,649,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Legislators 1,170,000 1,200,000
Under Minnesota Statutes,
sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115.
Subd. 3. Constitutional Officers 438,000
449,000
Under Minnesota Statutes,
section 352C.001.
If an appropriation in this
section for either year is insufficient, the appropriation for the other year
is available for it.
Sec. 22.
MINNEAPOLIS EMPLOYEES
RETIREMENT FUND $9,000,000 $9,000,000
These amounts are estimated
to be needed under Minnesota Statutes, section 422A.101, subdivision 3.
Sec. 23. TEACHERS RETIREMENT ASSOCIATION $15,800,000 $15,800,000
The amounts estimated to be
needed are as follows:
(a) Special direct state aid
authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c. 13,300,000 13,300,000
(b) Special direct state
matching aid authorized under Minnesota Statutes, section 354A.12, subdivision
3b. 2,500,000 2,500,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 24. ST. PAUL TEACHERS RETIREMENT FUND
$2,967,000 $2,967,000
The amounts estimated to be
needed for special direct state aid to first class city teachers retirement
funds authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and
3c.
Sec. 25. AMATEUR SPORTS COMMISSION $370,000 $372,000
(a) Of
this amount, $67,000 each year is to be used for an additional event
development position. This is a onetime
appropriation. The base budget for the
Amateur Sports Commission shall be $220,000 in fiscal year 2010 and $220,000 in fiscal
year 2011.
(b) The amount available for
appropriation to the commission under Laws 2005, chapter 156, article 2,
section 43, is reduced in the first year and the second year by the amounts
appropriated in this section.
Sec. 26. COUNCIL ON BLACK MINNESOTANS $325,000 $333,000
Sec. 27. COUNCIL ON CHICANO/LATINO AFFAIRS
$308,000 $314,000
Sec. 28. COUNCIL ON ASIAN-PACIFIC MINNESOTANS
$289,000 $289,000
Sec. 29. INDIAN AFFAIRS COUNCIL $664,000 $493,000
(a) $80,000 in the first
year is for the acquisition of an Indian burial site in Becker County. The Indian Affairs Council shall solicit
donations from federal, state, nonprofit, private, and tribal sources for this
purpose. This is a onetime
appropriation and is available for expenditure until June 30, 2009.
(b) $100,000 in the first
year is for transfer to the director of the Minnesota Office of Higher
Education for a grant for the Dakota/Ojibwe Language Revitalization Project to
expand an existing pilot project to promote activities and programs that are
specific to promoting revitalization of indigenous language for American Indian
children who do not live on an Indian reservation. The pilot project shall focus on developing programs that meet
the language needs of children in prekindergarten through grade 12. This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 30. GENERAL CONTINGENT ACCOUNTS $1,000,000 $500,000
Appropriations by
Fund
2008 2009
General 500,000 -0-
State Government
Special Revenue 400,000 400,000
Workers' Compensation 100,000 100,000
(a) The appropriations in
this section may only be spent with the approval of the governor after
consultation with the Legislative Advisory Commission pursuant to Minnesota
Statutes, section 3.30.
(b) If an appropriation in
this section for either year is insufficient, the appropriation for the other
year is available for it.
(c) If a contingent account
appropriation is made in one fiscal year, it should be considered a biennial
appropriation.
Sec. 31. MANAGERIAL POSITION REDUCTIONS.
The governor must reduce the number of deputy commissioners, assistant
commissioners, and positions designated as unclassified under authority of
Minnesota Statutes, section 43A.08, subdivision 1a, by an amount that will
generate savings to the general fund of $7,292,000 in the biennium ending June
30, 2009, and $7,292,000 in the biennium ending June 30, 2011.
Sec. 32. BALANCE CARRIED FORWARD.
Notwithstanding Minnesota Statutes, section 16A.1522, subdivision 4,
any positive unrestricted general fund budgetary balance as of June 30, 2007,
is carried forward to the fiscal year ending June 30, 2008.
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1. [3.9228] MINNESOTA COMMISSION ON ETHNIC HERITAGE AND NEW AMERICANS.
Subdivision 1. Office established. The
Minnesota Commission on Ethnic Heritage and New Americans is established
to: (1) recognize the state's rich
ethnic diversity and the contributions that immigrants have made to the state's
social, economic, and cultural history; and (2) capitalize on and develop the
strengths of the immigrant community in Minnesota. The commission shall assist state government to foster an
understanding and appreciation of ethnic and cultural diversity in Minnesota,
to more effectively identify the underutilized resources within the immigrant
community and to facilitate the full participation of immigrants in social,
cultural, and political life in this state.
Subd. 2.
(b) Public members must have experience in working with the immigrant
community, including training, special skills, and experience that would
benefit the commission, such as training and experience in business,
management, economics, public policy, legal affairs, and social work. The appointing authorities are encouraged to
consult with business and business trade organizations in the state and appoint
public members who include:
(1) a business executive or employer with policy making or hiring
authority, including the owner, chief executive, or operating officer of a
business in this state; or
(2) a representative of a private business with employment
opportunities that reflect the employment opportunities available within the
state.
The appointing authorities
shall seek to collaborate with each other and with the councils established in
Minnesota Statutes, sections 3.9223, 3.9225, and 3.9226, to ensure that the
public membership of the commission is ethnically and geographically diverse
and is reasonably balanced by gender.
(c) Compensation and expenses for public members are as provided in
Minnesota Statutes, section 15.0575.
(d) The appointments required under this subdivision must be completed
no later than September 1, 2007.
Subd. 3. Organization. As
soon as possible after the appointments under subdivision 2 have been
completed, the executive director of the Legislative Coordinating Commission
shall convene the first meeting of the commission. The members of the commission shall select their chairperson at
the first meeting.
Subd. 4. Assistance. The
Legislative Coordinating Commission shall provide the administrative and
clerical support services necessary for the operation of the commission.
Subd. 5. Duties. The
commission shall:
(1) work with community leaders, the legislature, and the executive
branch to develop programs and proposals that will encourage ethnic identity,
preserve ethnic heritage, and promote education of the public about the state's
heritage and cultural history;
(2) make recommendations to the legislature and the governor intended
to foster the understanding and appreciation of cultural diversity in the
state;
(3) maintain association with ethnic, cultural, and minority groups to
determine community needs;
(4) study and consider opportunities and issues for the immigrant
community in this state, including:
(i) steps to eliminate underutilization of immigrants in the state's
work force;
(ii) improving the efficient use of existing state programs and
services; and
(iii) other appropriate steps to improve the economic and social
condition of immigrants in this state.
By December 1, 2008, the
commission shall report to the chairs of the legislative committees and
divisions with jurisdiction over issues affecting ethnic heritage and
immigrants. The report must include a
discussion of the items listed in this subdivision together with recommendations
for state agencies and the legislature, including any proposed legislation
necessary to accomplish the recommendations.
The executive director of the Legislative Coordinating Commission shall
ensure that copies of the report are available on the Legislative Coordinating
Commission's Web site.
Subd. 6. Expiration. This
section expires on June 30, 2009.
Sec. 2. Minnesota Statutes
2006, section 4.035, subdivision 3, is amended to read:
Subd. 3. Expiration date. Unless an
earlier date is specified by statute or by executive order, an executive order
shall expire 90 days after the date that the governor who issued the order vacates
leaves office.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 3. [4.60] POET LAUREATE.
(a) The position of poet laureate of the state of Minnesota is
established. The Minnesota Humanities
Commission must solicit nominations for the poet laureate appointment and must
make recommendations to the governor.
After receiving recommendations from the Minnesota Humanities Commission,
the governor shall appoint a state poet laureate and conduct appropriate
ceremonies to honor the person appointed.
The person appointed as poet laureate continues to serve in this
position until the governor appoints another person.
(b) State agencies and officers are encouraged to use the services of
the poet laureate for appropriate ceremonies and celebrations.
Sec. 4. Minnesota Statutes
2006, section 5.12, subdivision 1, is amended to read:
Subdivision 1. Fees.
The secretary of state shall charge a fee of $5 for each certificate or
certification of a copy of any document filed in the Office of the Secretary of
State. The secretary of state shall
charge a fee of $3 for a copy of an original filing of a corporation, limited
partnership, assumed name, or trade or service mark, or for the
complete record of a certificate of assumed name. The secretary of state shall charge a fee of $3 for a copy of any
or all subsequent filings of a corporation, limited partnership, assumed
name, or trade or service mark. The
secretary of state shall charge a fee of $1 per page for copies of other
nonuniform commercial code documents filed with the secretary of state. At the time of filing, the secretary of
state may provide at the public counter, without charge, a copy of a filing,
ten or fewer pages in length, to the person making the filing.
Sec. 5. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
Subdivision 1. Surcharge. For
fiscal years 2008 and 2009, the following technology surcharges are imposed on
the filing fees required under the following statutes:
(1) $25 for articles of incorporation filed under section 302A.151;
(2) $25 for articles of organization filed under section 322B.17;
(3) $25 for applications for certificates of authority to transact business
in Minnesota filed under section 303.06;
(4) $20 for annual reports filed by non-Minnesota corporations under
section 303.14; and
(5)
$50 for reinstatements to authority to transact business in Minnesota filed
under section 303.19.
Subd. 2. Deposit. The
surcharges listed in subdivision 1 shall be deposited into the uniform
commercial code account.
Subd. 3. Expiration. This
section expires June 30, 2009.
Sec. 6. [8.37] ASSISTANCE TO VETERANS.
The attorney general may advise and assist veterans and their families
as to services available from public and private agencies. For purposes of this section,
"veteran" means any veteran or active member of the United States
armed services, including the National Guard and Reserves.
Sec. 7. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES AND
DELIVERABLES.
(a) Annually, on or before November 1, the State Board of Investment
shall file a report with the Legislative Reference Library on the activities
and work product during that year of any investment consultants retained by the
board.
(b) The report must include the following items:
(1) the total contract fee paid to each investment consultant;
(2) a listing of the projects in which the investment consultant was
involved; and
(3) examples of the written work product provided by the investment
consultant on those projects during the report coverage period.
EFFECTIVE DATE. This section is effective June 30, 2007.
Sec. 8. [12.62] MINNESOTA COMMISSION ON TERRORISM AND DISASTER PREPAREDNESS.
Subdivision 1. Creation; duties. The
Commission on Terrorism and Disaster Preparedness is established in the
legislative branch to:
(1) advise the legislature on issues related to homeland security,
emergency management, man-made and natural disasters, terrorism, bioterrorism,
public health emergencies, and vulnerabilities in the public and private
infrastructures;
(2) oversee the disaster preparation activities of the Department of
Health, Department of Public Safety, and any other state agency, office,
commission, or board that is within the commission's purview, and make
recommendations to these organizations of changes or additions to the
organizations' disaster preparedness and risk reduction work plans that the
commission deems advisable; and
(3) make policy and finance recommendations to improve the state's
public and private capacity to prevent, respond to, and recover from man-made
and natural threats to the state.
Subd. 2. Membership. (a)
The commission consists of:
(1) three members of the house of representatives, one of whom must be
a member of the minority party, to be appointed by the speaker of the house of
representatives;
(2)
three members of the senate, one of whom must be a member of the minority
party, to be appointed by the senate majority leader;
(3) the commissioner of public safety, or a designee, as a nonvoting
member;
(4) the commissioner of health, or a designee, as a nonvoting member;
(5) the attorney general, or a designee, as a nonvoting member;
(6) two public members with relevant expertise, selected by the speaker
of the house of representatives;
(7) two public members with relevant expertise, selected by the senate
majority leader;
(8) two public members, selected by the speaker of the house of
representatives; and
(9) two public members, selected by the senate majority leader.
(b) Voting members serve for a term ending December 31 of each
even-numbered year, but continue to serve until their successors are
appointed. Members serve at the
pleasure of the appointing authority and may be reappointed. The appointing authority shall fill
vacancies.
(c) One member, elected by a majority of members, shall serve as the
commission chair. The commission chair
should have relevant subject matter education, training, and experience. The commission is authorized to elect a
vice-chair and other officers as it deems necessary. The commission shall determine the duties of each officer.
(d) The commission chair shall convene meetings of the commission on a
regular basis.
Subd. 3. Compensation. Compensation
of legislative members is as provided in section 3.101. Compensation of the remaining members is as
provided in section 15.0575.
Subd. 4. Staff. The
commission may appoint and fix the compensation of such additional legal and
other personnel and consultants or contract for services to supply necessary
data as may be necessary to enable the commission to carry out its functions.
Subd. 5. Data from state agencies; availability. The commission may request information
from any state officer or agency or political subdivision of the state in order
to assist the commission in carrying out its duties and the state officer,
agency, or subdivision must promptly furnish any data required, subject to
applicable requirements or restrictions imposed by chapter 13 and section
15.17.
Subd. 6. Report. By
January 15 of each year, the commission must submit a report that contains the
commission's policy and appropriation recommendations to the legislature, the
commissioner of health, and the commissioner of public safety.
Subd. 7. First meeting and appointments. The first appointments required under this section must be
completed by September 1, 2007. The
commissioner of public safety, or a designee, shall convene the first meeting
of the commission within 30 days following the completion of appointments
required by this subdivision.
Subd. 8. Repeal. This
section is repealed June 30, 2011.
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec.
9. [13.595]
GRANTS.
Subdivision 1. Definitions. For
purposes of this section, the following terms have the meanings given them.
(a) "Completion of the evaluation process" means that the
granting agency has completed negotiating the grant agreement with the selected
grantee.
(b) "Grant agreement"
has the meaning given in section 16B.97, subdivision 1.
(c) "Grantee" means a person that applies for or receives a
grant.
(d) "Granting agency" means the state government entity that
provides the grant.
(e) "Opened" means the act that occurs once the deadline for
submitting a response to a proposal to the granting agency has been reached.
(f) "Request for proposal" means the data outlining the
responsibilities the granting agency wants the grantee to assume.
(g) "Response" means the data submitted by a grantee as
required by a request for proposal.
Subd. 2. Request for applications.
Data created by a granting agency to create a request for proposal is
classified as nonpublic until the request for proposal is published. To the extent that a granting agency
involves persons outside the granting agency to create the request for
proposal, the data remain nonpublic in the hands of all persons who may not
further disseminate any data that are created or reviewed as part of the
request for proposal development. At
publication, the data in the request for proposal is public.
Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee are
private or nonpublic until the responses are opened. Once the responses are opened, the name and address of the
grantee and the amount requested is public.
All other data in a response is private or nonpublic data until
completion of the evaluation process.
After a granting agency has completed the evaluation process, all
remaining data in the responses is public with the exception of trade secret
data as defined and classified in section 13.37. A statement by a grantee that the response is copyrighted or
otherwise protected does not prevent public access to the response.
(b) If all responses are rejected prior to completion of the evaluation
process, all data, other than that made public at the opening, remain private
or nonpublic until a resolicitation of proposals results in completion of the
evaluation process or a determination is made to abandon the grant. If the rejection occurs after the completion
of the evaluation process, the data remain public. If a resolicitation of proposals does not occur within one year
of the grant opening date, the remaining data become public.
Subd. 4. Evaluation data. (a)
Data created or maintained by a granting agency as part of the evaluation
process referred to in this section are protected nonpublic data until
completion of the evaluation process at which time the data are public with the
exception of trade secret data as defined and classified in section 13.37.
(b) If a granting agency asks individuals outside the granting agency
to assist with the evaluation of the responses, the granting agency may share
not public data in the responses with those individuals. The individuals participating in the
evaluation may not further disseminate the not public data they review.
Sec.
10. Minnesota Statutes 2006, section
15.06, subdivision 2, is amended to read:
Subd. 2. Term of office; successor.
The term of a commissioner shall end with the term of the office of
governor. If the appointing
authority is the governor In addition, the term shall end on the
date the governor who appointed the commissioner if the governor
vacates office. The appointing
authority shall submit to the president of the senate the name of an appointee
as permanent commissioner as provided by section 15.066, subdivision 2, within
45 legislative days after the end of the term of a commissioner and within 45 legislative
days after the occurrence of a vacancy.
The appointee shall take office as permanent commissioner when the
senate notifies the appointing authority that it has consented to the
appointment. A commissioner shall serve
at the pleasure of the appointing authority.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes
2006, section 15B.17, subdivision 1, is amended to read:
Subdivision 1. Proposals. (a) Before a state agency or other public body develops, to
submit to the legislature and the governor, a budget proposal or plans for
capital improvements within the Capitol Area to submit to the legislature
and the governor, it must consult with the board.
(b) The public body must provide enough money for the board's review
and planning if the board decides its review and planning services are
necessary. Money received by the
board under this subdivision is deposited in the special revenue fund and
appropriated to the board.
Sec. 12. Minnesota Statutes
2006, section 16A.102, subdivision 4, is amended to read:
Subd. 4. Reporting information. When
updated information is available At the time of a state revenue and
expenditure forecast as specified in section 16A.103, subdivision 1, and after
the completion of a legislative session, the Department of Finance must report
on revenue relative to personal income as specified in subdivision 1. The information must specify (1) the
share of personal income to be collected in taxes and other revenues to pay for
state and local government services and (2) the division of that revenue
between state and local government revenues.
Sec. 13. Minnesota Statutes
2006, section 16A.103, subdivision 1e, is amended to read:
Subd. 1e. Economic information. The
commissioner must review economic information including economic forecasts with
legislative fiscal staff no later than two weeks before the forecast is
released. The commissioner must invite
the chairs and lead minority members of the senate State Government
Finance Committee and the house Ways and Means Committee, and legislative
fiscal staff to attend any meetings held with outside economic advisors. The commissioner must provide legislative
fiscal staff with monthly economic forecast information received from outside
sources.
Sec. 14. [16A.117] CONTINUING APPROPRIATIONS.
If a major appropriation bill to fund a given state agency for the next
biennium has not been passed in the same form by the house of representatives
and senate and been presented to the governor before July 1 of an odd-numbered
year, amounts sufficient to continue operation of that agency and the programs
administered by that agency through July 31 of the fiscal year beginning in the
same calendar year at the base level for that fiscal year, as determined
according to section 16A.11, subdivision 3, and previous appropriation acts,
are appropriated to the agency from the appropriate funds and accounts in the
state treasury. The base level for an
appropriation that was designated as onetime or was onetime in nature is
zero. Determination of the amount
appropriated may be made on a proration of the annual amount or another
reasonable basis as determined by the commissioner of finance.
Sec. 15. Minnesota Statutes 2006, section 16A.1286,
subdivision 2, is amended to read:
Subd. 2. Billing procedures. The
commissioner may bill up to $7,520,000 in each fiscal year for statewide
systems services provided to state agencies, judicial branch agencies, the
University of Minnesota, the Minnesota State Colleges and Universities, and
other entities. Billing must be
based only on usage of services relating to statewide systems provided by the
Intertechnologies Division. Each
agency shall transfer from agency operating appropriations to the statewide
systems account the amount billed by the commissioner. Billing policies and procedures related to
statewide systems services must be developed by the commissioner in
consultation with the commissioners of employee relations and administration, the
University of Minnesota, and the Minnesota State Colleges and Universities.
Sec. 16. Minnesota Statutes
2006, section 16A.695, subdivision 2, is amended to read:
Subd. 2. Leases and management contracts.
(a) A public officer or agency that is authorized by law to lease or
enter into a management contract with respect to state bond financed property
shall comply with this subdivision. A
reference to a lease or management contract in this subdivision includes any
amendments, modifications, or alterations to the referenced lease or management
contract and refers to the lease wherein the public officer or agency is the
lessor of the state bond financed property and the other contracting party is
the lessee.
(b) The lease or management contract may be entered into for the
express purpose of carrying out a governmental program established or
authorized by law and established by official action of the contracting public
officer or agency, in accordance with orders of the commissioner intended to
ensure the legality and tax-exempt status of bonds issued to finance the
property, and with the approval of the commissioner. A lease or management contract, including any renewals that
are solely at the option of the lessee, must be for a term substantially
less than the useful life of the property, but may allow renewal beyond that
term upon a determination by the lessor that the lessee has demonstrated
that the use continues to carry out the governmental program. If the lessor and lessee do not renew the
lease or management contract and if the lessee has contributed to the land and
the capital improvements on the state bond financed property, the lessor may
agree to reimburse the lessee for its investment in the land and capital
improvements. The reimbursement may be
paid, at the option of the lessor and lessee, at the time of nonrenewal without
a requirement for a prior escrow of funds or at a later date and on additional
terms agreed to by the lessor and the lessee.
A lease or management contract must be terminable by the contracting
public officer or agency if the other contracting party defaults under the
contract or if the governmental program is terminated or changed, and must
provide for program oversight by the contracting public officer or agency. The expiration or termination of a lease
or management agreement does not require that the state bond proceeds be repaid
or that the property be sold, so long as the property continues to be operated
by, or on behalf of, the public officer or agency for the intended government
program. Money received by the
public officer or agency under the lease or management contract that is not
needed to pay and not authorized to be used to pay operating costs of the
property, or to pay the principal, interest, redemption premiums, and other
expenses when due on debt related to the property other than state bonds, must
be:
(1) paid to the commissioner in the same proportion as the state bond
financing is to the total public debt financing for the property, excluding
debt issued by a unit of government for which it has no financial liability;
(2) deposited in the state bond fund; and
(3) used to pay or redeem or defease bonds issued to finance the
property in accordance with the commissioner's order authorizing their issuance.
The money paid to the commissioner is appropriated for this purpose.
(c) With the approval of the
commissioner, a lease or management contract between a city and a nonprofit
corporation under section 471.191, subdivision 1, need not require the lessee
to pay rentals sufficient to pay the principal, interest, redemption premiums,
and other expenses when due with respect to state bonds issued to acquire and
better the facilities.
EFFECTIVE DATE. This section is effective retroactively from January 1, 2006,
and applies to leases, grant agreements, or management agreements entered into
on or after that date.
Sec. 17. Minnesota Statutes
2006, section 16A.695, subdivision 3, is amended to read:
Subd. 3. Sale of property. A public
officer or agency shall not sell any state bond financed property unless the
public officer or agency determines by official action that the property is no
longer usable or needed by the public officer or agency to carry out the
governmental program for which it was acquired or constructed, the sale is made
as authorized by law, the sale is made for fair market value, and the sale is
approved by the commissioner. If any
state bonds issued to purchase or better the state bond financed property that
is sold remain outstanding on the date of sale, the net proceeds of sale must
be applied as follows:
(1) if the state bond financed property was acquired and bettered
solely with state bond proceeds, the net proceeds of sale must be paid to the
commissioner, and deposited in the state bond fund, and used
to pay or redeem or defease the outstanding state bonds in accordance with the
commissioner's order authorizing their issuance, and the proceeds are
appropriated for this purpose treasury; or
(2) if the state bond financed property was acquired or bettered partly
with state bond proceeds and partly with other money, the net proceeds of sale
must be used: first, to pay to the
state the amount of state bond proceeds used to acquire or better the property;
second, to pay in full any outstanding public or private debt incurred to
acquire or better the property; and third, to pay interested public
and private entities, other than any public officer or agency or any private
lender already paid in full, the amount of money contributed to the acquisition
or betterment of the property; and fourth, any excess over the amount
needed for those purposes must be divided in proportion to the shares
contributed to the acquisition or betterment of the property and paid to the
interested public and private entities, other than any private lender already
paid in full, and the proceeds are appropriated for this purpose. In calculating the share contributed by each
entity, the amount to be attributed to the owner of the property shall be the
fair market value of the property that was bettered by state bond proceeds at
the time the betterment began.
When all of the net proceeds of sale have been applied as provided in
this subdivision, this section no longer applies to the property.
EFFECTIVE DATE. This section is effective retroactively from January 1, 2006,
and applies to leases, grant agreements, or management agreements entered into
on or after that date.
Sec. 18. Minnesota Statutes
2006, section 16A.695, is amended by adding a subdivision to read:
Subd. 6. Match requirements. Recipients
of grants from money appropriated from the bond proceeds fund may be required
to demonstrate a commitment of money from nonstate sources. This matching money may be pledged payments
that have been deposited into a segregated account or multiyear pledges that
are converted into cash or cash equivalent through a loan or irrevocable letter
of credit from a financial institution.
The loan or irrevocable letter of credit may be secured by a lien on the
state bond financed property.
EFFECTIVE DATE. This section is effective retroactively from January 1, 2006,
and applies to leases, grant agreements, or management agreements entered into
on or after that date.
Sec. 19. Minnesota Statutes 2006, section 16A.695, is
amended by adding a subdivision to read:
Subd. 7. Ground lease for state bond financed property. A public officer or agency, as lessee,
may lease real property and improvements that are to be acquired or improved
with state bond proceeds. The lease
must be for a term equal to or longer than 125 percent of the useful life of
the property. The expiration of the
lease upon the end of its term does not require that the state be repaid or
that the property be sold and upon the expiration the real property and improvements
are no longer state bond financed property.
EFFECTIVE DATE. This section is effective retroactively from January 1, 2006,
and applies to leases, grant agreements, or management agreements entered into
on or after that date.
Sec. 20. Minnesota Statutes
2006, section 16A.695, is amended by adding a subdivision to read:
Subd. 8. General applicability.
(a) This section establishes requirements for the receipt and use of
general obligation grants and the ownership and operation of state bond-financed
property. General obligation grants may
only be issued and used to finance the acquisition and betterment of public
lands and buildings and other public improvements of a capital nature that are
used to operate a governmental program, and for predesign and design activities
for specifically identified projects that involve the operation of a
governmental program or activity. A
general obligation grant may not be used for general operating expenses,
staffing, or general master planning. A
public officer or agency that is the recipient of a general obligation grant
must comply with this section in its use of the general obligation grant and
operation, management, lease, and sale of state bond-financed property. A public officer or agency that uses the
proceeds of a general obligation grant for any unauthorized purpose or in
violation of this section must immediately repay the outstanding balance of the
grant to the commissioner, and a failure to comply authorizes the commissioner
to recover the outstanding balance as a setoff against any state aid provided
to the public officer or agency.
(b) This section does not create any new authority regarding the
ownership, construction, rehabilitation, use, operation, lease management, or
sale of state bond-financed property, or the operation of the governmental
program that will be operated on the property.
Any authority that is needed to enter into a management contract or
lease of property, to sell property, or to operate a governmental program or
carry out any activity contained in the law that appropriates money for a
general obligation grant must be provided by as contained in some other law.
EFFECTIVE DATE. This section is effective on and after July 1, 2007.
Sec. 21. Minnesota Statutes
2006, section 16A.695, is amended by adding a subdivision to read:
Subd. 9. Grant agreement. All
general obligation grants must be evidenced by a grant agreement that
specifies:
(1) how the general obligation grant will be used;
(2) the governmental program that will be operated on the state
bond-financed property; and
(3) that the state bond-financed property must be operated in
compliance with this section, all state and federal laws, and in a manner that
will not cause the interest on the state general obligation bonds to be or
become subject to federal income taxation for any reason. A grant agreement must comply with this
section, the Minnesota Constitution, and all commissioner's orders, and also
contain other provisions the commissioner of the agency making the grant deems
appropriate. The commissioner shall
draft and make available forms for grant agreements that satisfy the
requirements of this subdivision.
EFFECTIVE DATE. This section is effective on and after July 1, 2007.
Sec. 22. Minnesota Statutes 2006, section 16B.055,
subdivision 1, is amended to read:
Subdivision 1. Governor's Advisory Council on
Technology for People with Disabilities Federal Assistive Technology Act. (a) The Department of Administration shall
serve as the lead agency to assist the Minnesota Governor's Advisory Council on
Technology for People with Disabilities in carrying out all responsibilities
pursuant to United States Code, title 29, section 2211 et seq., and any other
responsibilities related to that program is designated as the lead
agency to carry out all the responsibilities under the Assistive Technology Act
of 1998, as provided by Public Law 108-364, as amended. The Minnesota Assistive Technology Advisory
Council is established to fulfill the responsibilities required by the
Assistive Technology Act, as provided by Public Law 108-364, as amended. Because the existence of this council is
required by federal law, this council does not expire and the expiration date
provided in section 15.059, subdivision 5, does not apply.
(b) The governor shall appoint the membership of the council as
required by the Assistive Technology Act of 1998, as provided by Public Law
108-364, as amended. After the governor
has completed the appointments required by this subdivision, the commissioner
of administration, or the commissioner's designee, shall convene the first
meeting of the council following the appointments. Members shall serve two-year terms commencing July 1 of each
odd-numbered year, and receive the compensation specified by the Assistive
Technology Act of 1998, as provided by Public Law 108-364, as amended. The members of the council shall select
their chair at the first meeting following their appointment.
Sec. 23. Minnesota Statutes
2006, section 16B.24, subdivision 5, is amended to read:
Subd. 5. Renting out state property.
(a) Authority. The commissioner may rent out state property,
real or personal, that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law.
The property may not be rented out for more than five years at a time
without the approval of the State Executive Council and may never be rented out
for more than 25 years. A rental
agreement may provide that the state will reimburse a tenant for a portion of
capital improvements that the tenant makes to state real property if the state
does not permit the tenant to renew the lease at the end of the rental
agreement.
(b) Restrictions. Paragraph (a)
does not apply to state trust fund lands, other state lands under the
jurisdiction of the Department of Natural Resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands acquired under
section 41.56 which are under the jurisdiction of the Department of
Agriculture.
(c) Rental of living accommodations.
The commissioner shall establish rental rates for all living
accommodations provided by the state for its employees. Money collected as rent by state agencies
pursuant to this paragraph must be deposited in the state treasury and credited
to the general fund.
(d) Lease of space in certain state buildings to state agencies. The commissioner may lease portions of
the state-owned buildings in the Capitol complex, the Capitol Square
Building, the Health Building, and the building at 1246 University Avenue, St.
Paul, Minnesota, under the custodial control of the commissioner to
state agencies and the court administrator on behalf of the judicial branch of
state government and charge rent on the basis of space occupied. Notwithstanding any law to the contrary, all
money collected as rent pursuant to the terms of this section shall be
deposited in the state treasury. Money
collected as rent to recover the bond interest costs of a building funded from
the state bond proceeds fund shall be credited to the general fund. Money collected as rent to recover the
depreciation costs of a building funded from the state bond proceeds fund and
money collected as rent to recover capital expenditures from capital asset
preservation and replacement appropriations and statewide building access
appropriations shall be credited to a segregated asset preservation and
replacement account in a special revenue fund. Fifty percent of the money credited to the account each fiscal
year must be transferred to the general fund.
The remaining money in the account is appropriated to the commissioner
to be expended for asset preservation projects as determined by the
commissioner. Money collected as rent
to recover the depreciation and interest costs of a building built with other
state dedicated funds shall be credited to the dedicated fund which funded the
original acquisition or construction.
All other money received shall be credited to the general services
revolving fund.
(e) Lease of space in Andersen and Freeman buildings.
Sec. 24. Minnesota Statutes
2006, section 16B.35, subdivision 1, is amended to read:
Subdivision 1. Percent of appropriations for art. An appropriation for the construction or
alteration of any state building may contain an amount not to exceed the
lesser of $100,000 or one percent of the total appropriation for the
building for the acquisition of works of art, excluding landscaping, which may
be an integral part of the building or its grounds, attached to the building or
grounds or capable of being displayed in other state buildings. If the appropriation for works of art is
limited by the $100,000 cap in this section, the appropriation for the
construction or alteration of the building must be reduced to reflect the
reduced amount that will be spent on works of art. Money used for this purpose is available only for the
acquisition of works of art to be exhibited in areas of a building or its
grounds accessible, on a regular basis, to members of the public. No more than ten percent of the total amount
available each fiscal year under this subdivision may be used for administrative
expenses, either by the commissioner of administration or by any other entity
to whom the commissioner delegates administrative authority. For the purposes of this section "state
building" means a building the construction or alteration of which is paid
for wholly or in part by the state.
EFFECTIVE DATE. This section is effective July 1, 2007. The repeal of the $100,000 limit in this
section applies to appropriations made before, on, or after that date.
Sec. 25. [16B.97] GRANTS MANAGEMENT.
Subdivision 1. Grant agreement. (a)
A grant agreement is a written instrument or electronic document defining a
legal relationship between a granting agency and a grantee when the principal
purpose of the relationship is to transfer cash or something of value to the
recipient to support a public purpose authorized by law instead of acquiring by
professional or technical contract, purchase, lease, or barter property or
services for the direct benefit or use of the granting agency.
(b) This section does not apply to capital project grants to political
subdivisions as defined by section 16A.86.
Subd. 2. Grants governance. The
commissioner shall provide leadership and direction for policy related to
grants management in Minnesota in order to foster more consistent, streamlined
interaction between executive agencies, funders, and grantees that will enhance
access to grant opportunities and information and lead to greater program
accountability and transparency. The
commissioner has the duties and powers stated in this section. An executive agency must do what the
commissioner requires under this section.
Subd. 3. Discretionary powers.
The commissioner has the authority to:
(1) review grants management practices and propose policy and procedure
improvements to the governor, legislature, executive agencies, and the federal
government;
(2) sponsor, support, and facilitate innovative and collaborative
grants management projects with public and private organizations;
(3) review, recommend, and implement alternative strategies for grants
management;
(4)
collect and disseminate information, issue reports relating to grants
management, and sponsor and conduct conferences and studies; and
(5) participate in conferences and other appropriate activities related
to grants management issues.
Subd. 4. Duties. (a) The
commissioner shall:
(1) create general grants management policies and procedures that are
applicable to all executive agencies.
The commissioner may approve exceptions to these policies and procedures
for particular grant programs.
Exceptions shall expire or be renewed after five years. Executive agencies shall retain management
of individual grants programs;
(2) provide a central point of contact concerning statewide grants
management policies and procedures;
(3) serve as a resource to executive agencies in such areas as
training, evaluation, collaboration, and best practices in grants management;
(4) ensure grants management needs are considered in the development,
upgrade, and use of statewide administrative systems and leverage existing
technology wherever possible;
(5) oversee and approve future professional and technical service
contracts and other information technology spending related to executive agency
grants management activities;
(6) provide a central point of contact for comments about executive
agencies violating statewide grants governance policies and about fraud and
waste in grants processes;
(7) forward received comments to the appropriate agency for further
action, and may follow up as necessary;
(8) provide a single listing of all available executive agency
competitive grant opportunities and resulting grant recipients;
(9) selectively review development and implementation of executive
agency grants, policies, and practices; and
(10) selectively review executive agency compliance with best
practices.
(b) The commissioner may determine that it is
cost-effective for agencies to develop and use shared grants management
technology systems. This system would
be governed under section 16E.01, subdivision 3, paragraph (b).
Sec. 26. [16B.98] GRANTS MANAGEMENT PROCESS.
Subdivision 1. Limitation. As a
condition of receiving a grant from an appropriation of state funds, the
recipient of the grant must agree to minimize administrative costs. The granting agency is responsible for
negotiating appropriate limits to these costs so that the state derives the
optimum benefit for grant funding.
Subd. 2. Ethical practices and conflict of interest. An employee of the executive branch
involved directly or indirectly in grants processes, at any level, is subject
to the code of ethics in section 43A.38.
Subd.
3.
(1) developing request for proposals or evaluation criteria;
(2) drafting, recommending, awarding, amending, revising, or entering
into grant agreements;
(3) evaluating or monitoring performance; or
(4) authorizing payments.
(b) The policies must include:
(1) a process to make all parties to the grant aware of policies and
laws relating to conflict of interest, and training on how to avoid and address
potential conflicts; and
(2) a process under which those who have a conflict of interest or a
potential conflict of interest must disclose the matter.
(c) If the employee, appointing authority, or commissioner determines
that a conflict of interest exists, the matter shall be assigned to another
employee who does not have a conflict of interest. If it is not possible to assign the matter to an employee who
does not have a conflict of interest, interested personnel shall be notified of
the conflict and the employee may proceed with the assignment.
Subd. 4. Reporting of violations.
A state employee who discovers evidence of violation of laws or rules
governing grants is encouraged to report the violation or suspected violation
to the employee's supervisor, the commissioner or the commissioner's designee,
or the legislative auditor. The legislative
auditor shall report to the Legislative Audit Commission if there are multiple
complaints about the same agency. The
auditor's report to the Legislative Audit Commission under this section must
disclose only the number and type of violations alleged. An employee making a good faith report under
this section has the protections provided for under section 181.932,
prohibiting the employer from discriminating against the employee.
Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is not valid and
the state is not bound by the grant unless:
(1) the grant has been executed by the head of the agency or a delegate
who is party to the grant; and
(2) the accounting system shows an encumbrance for the amount of the
grant in accordance with policy approved by the commissioner.
(b) The combined grant agreement and amendments must not exceed five
years without specific, written approval by the commissioner according to
established policy, procedures, and standards, or unless the commissioner
determines that a longer duration is in the best interest of the state.
(c) A fully executed copy of the grant agreement with all amendments
and other required records relating to the grant must be kept on file at the
granting agency for a time equal to that required of grantees in subdivision 8.
(d) Grant agreements must comply with policies established by the
commissioner for minimum grant agreement standards and practices.
(e)
The attorney general may periodically review and evaluate a sample of state
agency grants to ensure compliance with applicable laws.
Subd. 6. Grant administration.
A granting agency shall diligently administer and monitor any grant
it has entered into.
Subd. 7. Grant payments. Payments
to the grantee may not be issued until the grant agreement is fully executed.
Subd. 8. Audit. (a) A
grant agreement made by an executive agency must include an audit clause that
provides that the books, records, documents, and accounting procedures and
practices of the grantee or other party that are relevant to the grant or
transaction are subject to examination by the granting agency and either the
legislative auditor or the state auditor, as appropriate, for a minimum of six
years from the grant agreement end date, receipt and approval of all final
reports, or the required period of time to satisfy all state and program
retention requirements, whichever is later.
If a grant agreement does not include an express audit clause, the audit
authority under this subdivision is implied.
(b) If the granting agency is a local unit of government, and the
governing body of the local unit of government requests that the state auditor
examine the books, records, documents, and accounting procedures and practices
of the grantee or other party according to this subdivision, the granting
agency shall be liable for the cost of the examination. If the granting agency is a local unit of
government, and the grantee or other party requests that the state auditor
examine all books, records, documents, and accounting procedures and practices
related to the grant, the grantee or other party that requested the examination
shall be liable for the cost of the examination.
Subd. 9. Authority of attorney general. The attorney general may pursue remedies available by law to
avoid the obligation of an agency to pay under a grant or to recover payments
made if activities under the grant are so unsatisfactory, incomplete, or
inconsistent that payment would involve unjust enrichment. The contrary opinion of the granting agency
does not affect the power of the attorney general under this subdivision.
Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law, an agency
may not require an Indian tribe or band to deny its sovereignty as a
requirement or condition of a grant with an agency.
Sec. 27. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 3a. Best and final offer.
"Best and final offer" means an optional step in the
solicitation process in which responders are requested to improve their
response by methods including, but not limited to, the reduction of cost,
clarification or modification of the response, or the provision of additional
information.
Sec. 28. Minnesota Statutes
2006, section 16C.02, subdivision 4, is amended to read:
Subd. 4. Best value. "Best
value" describes a result intended in the acquisition of all goods and
services. Price must be one of the
evaluation criteria when acquiring goods and services. Other evaluation criteria may include, but
are not limited to, environmental considerations, quality, and vendor
performance. In achieving "best
value" strategic sourcing tools, including but not limited to best and
final offers, negotiations, contract consolidation, product standardization,
and mandatory-use enterprise contracts shall be used at the commissioner's
discretion.
Sec. 29. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 6a. Enterprise procurement.
"Enterprise procurement" means the process undertaken by
the commissioner to leverage economies of scale of multiple end users to
achieve cost savings and other favorable terms in contracts for goods and
services.
Sec.
30. Minnesota Statutes 2006, section
16C.02, subdivision 12, is amended to read:
Subd. 12. Request for proposal or RFP.
"Request for proposal" or "RFP" means a solicitation
in which it is not advantageous to set forth all the actual, detailed
requirements at the time of solicitation and responses are subject to
negotiation negotiated to achieve best value for the state.
Sec. 31. Minnesota Statutes
2006, section 16C.02, subdivision 14, is amended to read:
Subd. 14. Response.
"Response" means the offer received from a vendor in response
to a solicitation. A response includes
submissions commonly referred to as "offers," "bids,"
"quotes," or "proposals.," "best and
final offers," or "negotiated offers."
Sec. 32. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 20. Strategic sourcing. "Strategic
sourcing" means methods used to analyze and reduce spending on goods and
services, including but not limited to spend analysis, product standardization,
contract consolidation, negotiations, multiple jurisdiction purchasing
alliances, reverse and forward auctions, life-cycle costing, and other
techniques.
Sec. 33. Minnesota Statutes
2006, section 16C.03, subdivision 2, is amended to read:
Subd. 2. Rulemaking authority.
Subject to chapter 14, the commissioner may adopt rules, consistent with
this chapter and chapter 16B, relating to the following topics:
(1) procurement process including solicitations and responses to
solicitations, bid security, vendor errors, opening of responses, award of
contracts, tied bids, and award protest process;
(2) contract performance and failure to perform;
(3) authority to debar or suspend vendors, and reinstatement of
vendors;
(4) contract cancellation;
(5) procurement from rehabilitation facilities; and
(6) organizational conflicts of interest.
Sec. 34. Minnesota Statutes
2006, section 16C.03, subdivision 4, is amended to read:
Subd. 4. Contracting authority. The
commissioner shall conduct all contracting by, for, and between agencies and
perform all contract management and review functions for contracts, except those
functions specifically delegated to be performed by the contracting agency, the
attorney general, or otherwise provided for by law. The commissioner may require that agency staff participate in
the development of enterprise procurements including the development of product
standards, specifications and other requirements.
Sec. 35. Minnesota Statutes
2006, section 16C.03, subdivision 8, is amended to read:
Subd. 8. Policy and procedures. The
commissioner is authorized to issue policies, procedures, and standards
applicable to all acquisition activities by and for agencies. Consistent with the authority specified
in this chapter, the commissioner shall develop and implement policies,
procedures, and standards ensuring the optimal use of strategic sourcing
techniques.
Sec.
36. Minnesota Statutes 2006, section
16C.03, subdivision 16, is amended to read:
Subd. 16. Delegation of duties. The
commissioner may delegate duties imposed by this chapter to the head of an
agency and to any subordinate of the agency head. Delegated duties shall be exercised in the name of the
commissioner and under the commissioner's direct supervision and control. A delegation of duties may include, but is
not limited to, allowing individuals within agencies to acquire goods,
services, and utilities within dollar limitations and for designated types of
acquisitions. Delegation of contract
management and review functions must be filed with the secretary of state and
may not, except with respect to delegations within the Department of
Administration, exceed two years in duration.
The commissioner may withdraw any delegation at the commissioner's sole
discretion. The commissioner may
require an agency head or subordinate to accept delegated responsibility to
procure goods or services intended for the exclusive use of the agency
receiving the delegation.
Sec. 37. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE CONTRACTS AND
GRANTS.
(a) The commissioner of administration must maintain a Web site with a
searchable database providing the public with information on state contracts,
including grant contracts. The database
must include the following information for each state contract valued in excess
of $25,000:
(1) the name and address of the entity receiving the contract;
(2) the name of the agency entering into the contract;
(3) whether the contract is:
(i) for goods;
(ii) for professional or technical services;
(iii) for services other than professional and technical services; or
(iv) a grant;
(4) a brief statement of the purpose of the contract or grant;
(5) the amount of the contract or grant and the fund from which this
amount will be paid; and
(6) the dollar value of state contracts, other than grants, the entity
has received in each fiscal year and the dollar value of state grants the
entity has received in each fiscal year.
(b) Required information on a new contract or grant must be entered
into the database within 30 days of the time the contract is entered into.
(c) For purposes of this section, a "grant" is a contract
between a state agency and a recipient, the primary purpose of which is to
transfer cash or a thing of value to the recipient to support a public
purpose. Grant does not include
payments to units of local government, payments to state employees, or payments
made under laws providing for assistance to individuals.
(d) The database must include information on grants and contracts
entered into beginning with fiscal year 2008 funds, and must retain that data
for ten years.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec. 38. Minnesota Statutes 2006, section 16C.05,
subdivision 1, is amended to read:
Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
commissioner in the management and review of state contracts and in the
development and implementation of strategic sourcing techniques.
Sec. 39. Minnesota Statutes
2006, section 16C.05, subdivision 2, is amended to read:
Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state is not bound by it and
no agency, without the prior written approval of the commissioner granted
pursuant to subdivision 2a, may authorize work to begin on it unless:
(1) it has first been executed by the head of the agency or a delegate
who is a party to the contract;
(2) it has been approved by the commissioner; and
(3) the accounting system shows an encumbrance for the amount of the
contract liability, except as allowed by policy approved by the commissioner
and commissioner of finance for routine, low-dollar procurements.
(b) The combined contract and amendments must not exceed five years
without specific, written approval by the commissioner according to established
policy, procedures, and standards, or unless otherwise provided for by law. The term of the original contract must not
exceed two years unless the commissioner determines that a longer duration is
in the best interest of the state.
(c) Grants, interagency agreements, purchase orders, work orders, and
annual plans need not, in the discretion of the commissioner and attorney
general, require the signature of the commissioner and/or the attorney
general. A signature is not required
for work orders and amendments to work orders related to Department of
Transportation contracts. Bond purchase
agreements by the Minnesota Public Facilities Authority do not require the
approval of the commissioner.
(d) Amendments to contracts must entail tasks that are substantially
similar to those in the original contract or involve tasks that are so closely
related to the original contract that it would be impracticable for a different
contractor to perform the work. The
commissioner or an agency official to whom the commissioner has delegated
contracting authority under section 16C.03, subdivision 16, must determine that
an amendment would serve the interest of the state better than a new contract
and would cost no more.
(e) A fully executed copy of every contract, amendments to the
contract, and performance evaluations relating to the contract must be kept on
file at the contracting agency for a time equal to that specified for contract
vendors and other parties in subdivision 5.
(f) The attorney general must periodically review and evaluate a sample
of state agency contracts to ensure compliance with laws.
Sec. 40. Minnesota Statutes
2006, section 16C.08, is amended by adding a subdivision to read:
Subd. 1a. Enterprise procurement.
Notwithstanding section 15.061 or any other law, the commissioner
shall, to the fullest extent practicable, conduct enterprise procurements that
result in the establishment of professional or technical contracts for use by
multiple state agencies. The
commissioner is authorized to mandate use of any contract entered into as a
result of an enterprise procurement process.
Agencies shall fully cooperate in the development and use of contracts
entered into under this section.
Sec. 41. Minnesota Statutes 2006, section 16C.08,
subdivision 2, is amended to read:
Subd. 2. Duties of contracting agency.
(a) Before an agency may seek approval of a professional or technical
services contract valued in excess of $5,000, it must provide the following:
(1) a description of how the proposed contract or amendment is
necessary and reasonable to advance the statutory mission of the agency;
(2) a description of the agency's plan to notify firms or individuals
who may be available to perform the services called for in the solicitation; and
(3) a description of the performance measures or other tools that will
be used to monitor and evaluate contract performance.; and
(4) an explanation detailing, if applicable, why this procurement is
being pursued unilaterally by the agency and not as an enterprise procurement.
(b) In addition to paragraph (a), the agency must certify that:
(1) no current state employee is able and available to perform the
services called for by the contract;
(2) the normal competitive bidding mechanisms will not provide for
adequate performance of the services;
(3) reasonable efforts will be made to publicize the availability of
the contract to the public;
(4) the agency will develop and implement a written plan providing for
the assignment of specific agency personnel to manage the contract, including a
monitoring and liaison function, the periodic review of interim reports or
other indications of past performance, and the ultimate utilization of the
final product of the services;
(5) the agency will not allow the contractor to begin work before the
contract is fully executed unless an exception under section 16C.05,
subdivision 2a, has been granted by the commissioner and funds are fully
encumbered;
(6) the contract will not establish an employment relationship between
the state or the agency and any persons performing under the contract; and
(7) in the event the results of the contract work will be carried out
or continued by state employees upon completion of the contract, the contractor
is required to include state employees in development and training, to the
extent necessary to ensure that after completion of the contract, state
employees can perform any ongoing work related to the same function.;
and
(8) the agency will not contract out its previously eliminated jobs for
four years without first considering the same former employees who are on the
seniority unit layoff list who meet the minimum qualifications determined by
the agency.
(c) A contract establishes an employment relationship for purposes of
paragraph (b), clause (6), if, under federal laws governing the distinction
between an employee and an independent contractor, a person would be considered
an employee.
Sec. 42. Minnesota Statutes 2006, section 16C.08,
subdivision 4, is amended to read:
Subd. 4. Reports. (a) The
commissioner shall submit to the governor, the chairs of the house Ways and
Means and senate Finance Committees, and the Legislative Reference Library a
yearly listing of all contracts for professional or technical services
executed. The report must identify the
contractor, contract amount, duration, and services to be provided. The commissioner shall also issue yearly
reports summarizing the contract review activities of the department by fiscal
year.
(b) The fiscal year report must be submitted by September 1 of each
year and must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each agency and
issued to each contractor;
(3) distinguish between contracts that are being issued for the first
time and contracts that are being extended;
(4) state the termination date of each contract;
(5) identify services by commodity code, including topics such as
contracts for training, contracts for research and opinions, and contracts for
computer systems; and
(6) identify which contracts were awarded without following the
solicitation process in this chapter because it was determined that there was
only a single source for the services.
(c) Within 30 days of final completion of a contract over $50,000
covered by this subdivision, the head of the agency entering into the contract
must submit a one-page report to the commissioner who must submit a copy to the
Legislative Reference Library. The
report must:
(1) summarize the purpose of the contract, including why it was
necessary to enter into a contract;
(2) state the amount spent on the contract;
(3) be accompanied by the performance evaluation prepared according to
subdivision 4a; and
(4)
(3) if the contract was awarded without following the solicitation
process in this chapter because it was determined that there was only a single
source for the services, explain why the agency determined there was only a
single source for the services.; and
(4) include a written performance evaluation of the work done under the
contract. The evaluation must include
an appraisal of the contractor's timeliness, quality, cost, and overall
performance in meeting the terms and objectives of the contract. Contractors may request copies of
evaluations prepared under this subdivision and may respond in writing. Contractor responses must be maintained with
the contract file.
Sec. 43. Minnesota Statutes
2006, section 16C.08, is amended by adding a subdivision to read:
Subd. 4b. Limitations on actions.
No action may be maintained by a contractor against an employee or
agency who discloses information about a current or former contractor under
subdivision 4, unless the contractor demonstrates by clear and convincing
evidence that:
(1) the information was false and defamatory;
(2) the employee or agency knew
or should have known the information was false and acted with malicious intent
to injure the current or former contractor; and
(3) the information was acted upon in a manner that caused harm to the
current or former contractor.
Sec. 44. [16C.086] CALL-CENTER.
An agency may not enter into a contract for operation of a call-center,
or a contract whose primary purpose is to provide similar services answering or
responding to telephone calls on behalf of an agency without determining if the
service can be provided by state employees, and the services must be provided
at offices located in the United States.
For purposes of this section, "agency" includes the Minnesota
State Colleges and Universities.
EFFECTIVE DATE. This section is effective the day following final enactment,
and applies to a contract entered into or renewed or otherwise extended after
that date.
Sec. 45. Minnesota Statutes
2006, section 16C.10, subdivision 7, is amended to read:
Subd. 7. Reverse auction. (a) For
the purpose of this subdivision, "reverse auction" means a purchasing
process in which vendors compete to provide goods or computer services
at the lowest selling price in an open and interactive environment. Reverse auctions may not be utilized to
procure engineering design services or architectural services or to establish
building and construction contracts under sections 16C.26 to 16C.29.
(b) The provisions of sections 13.591, subdivision 3, and 16C.06,
subdivision 2, do not apply when the commissioner determines that a reverse
auction is the appropriate purchasing process.
Sec. 46. [16C.147] DOCUMENT IMAGING; USE OF PERSONS WITH DEVELOPMENTAL
DISABILITIES.
The commissioner shall promote the use of persons with developmental
disabilities to provide document imaging services for state and local
government agencies.
Sec. 47. Minnesota Statutes
2006, section 16C.16, subdivision 5, is amended to read:
Subd. 5. Designation of targeted groups.
(a) The commissioner of administration shall periodically designate
businesses that are majority owned and operated by women, persons with a
substantial physical disability, or specific minorities as targeted group
businesses within purchasing categories as determined by the commissioner. A group may be targeted within a purchasing
category if the commissioner determines there is a statistical disparity
between the percentage of purchasing from businesses owned by group members and
the representation of businesses owned by group members among all businesses in
the state in the purchasing category.
(b) In addition to designations under paragraph (a), an individual
business may be included as a targeted group business if the commissioner
determines that inclusion is necessary to remedy discrimination against the
owner based on race, gender, or disability in attempting to operate a business
that would provide goods or services to public agencies.
(c) In addition to the designations under paragraphs (a) and (b), the
commissioner of administration shall designate businesses that are majority
owned and operated by veterans who have served in federal active service as
defined in section 190.05, subdivision 5c, in support of Operation Enduring
Freedom or Operation Iraqi Freedom as targeted group businesses within
purchasing categories as determined by the commissioner. "Veteran" has
the meaning given in section 197.447, and also includes both currently serving
and honorably discharged members of the national guard and other military
reserves.
(c) (d) The designations of
purchasing categories and businesses under paragraphs (a) and,
(b), and (c) are not rules for purposes of chapter 14, and are not
subject to rulemaking procedures of that chapter.
EFFECTIVE DATE. This section is effective July 1, 2007, and applies to
procurement contract bid solicitations issued on and after that date.
Sec. 48. [16C.251] BEST AND FINAL OFFER.
A "best and final offer" solicitation process may not be used
for building and construction contracts.
Sec. 49. Minnesota Statutes
2006, section 43A.02, is amended by adding a subdivision to read:
Subd. 36a. Significant individual.
(a) "Significant individual" means a person who has entered
into a committed interdependent relationship with another adult, where neither
person is married, and where the people:
(1) are responsible for each other's basic common welfare, basic living
expenses, and financial obligations of the household;
(2) share a common residence and intend to do so indefinitely; and
(3) are legally competent and qualified to enter into a contract.
(b) Persons desiring to be recognized as significant individuals for
purposes of this section must submit to the commissioner, in the form specified
by the commissioner, a statement certifying that the persons meet the criteria
necessary to qualify as significant individuals, accompanied by one of the
following:
(1) a joint deed, mortgage agreement, or lease;
(2) evidence of a joint bank account;
(3) a designation as beneficiary under the other's life insurance
policy or retirement benefits;
(4) a designation as an executor or primary beneficiary in the other's
will; or
(5) a motor vehicle title denoting joint ownership.
(c) For purposes of this subdivision, significant individuals may share
a common residence, even if:
(1) they do not each have a legal right to possess the residence; or
(2) one or both significant individuals possess additional real
property.
If one significant individual temporarily leaves the common residence
with the intention to return, the significant individuals continue to share a
common residence for the purposes of this subdivision.
Sec. 50. Minnesota Statutes
2006, section 43A.08, subdivision 2a, is amended to read:
Subd. 2a. Temporary unclassified positions.
The commissioner, upon request of an appointing authority, may authorize
the temporary designation of a position in the unclassified service. The commissioner may make this authorization
only for professional, managerial or supervisory positions which are fully
anticipated to be of limited duration. An
individual may not be employed by an appointing authority under this
subdivision for more than 18 months.
EFFECTIVE DATE. For individuals who are employed under section 43A.08,
subdivision 2a, on the effective date of this section, the 18-month time limit
under this section commences the day following final enactment.
Sec.
51. Minnesota Statutes 2006, section
43A.346, subdivision 1, is amended to read:
Subdivision 1. Definition. For purposes of this section, "state employee" means a
person currently occupying a civil service position in the executive or
legislative branch of state government, the Minnesota State Retirement
System, or the Office of the Legislative Auditor, or a person employed by the
Metropolitan Council.
Sec. 52. Minnesota Statutes
2006, section 161.1419, subdivision 8, is amended to read:
Subd. 8. Expiration. The commission
expires on June 30, 2007 2012.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 53. Minnesota Statutes
2006, section 270B.14, is amended by adding a subdivision to read:
Subd. 19. Disclosure to Department of Finance. The commissioner may disclose to the
commissioner of finance returns or return information necessary in order to
prepare a revenue forecast under section 16A.103.
Sec. 54. Minnesota Statutes
2006, section 270C.03, subdivision 1, is amended to read:
Subdivision 1. Powers and duties. The commissioner shall have and exercise the
following powers and duties:
(1) administer and enforce the assessment and collection of taxes;
(2) make determinations, corrections, and assessments with respect to
taxes, including interest, additions to taxes, and assessable penalties;
(3) use statistical or other sampling techniques consistent with
generally accepted auditing standards in examining returns or records and making
assessments;
(4) investigate the tax laws of other states and countries, and
formulate and submit to the legislature such legislation as the commissioner
may deem expedient to prevent evasions of state revenue laws and to secure just
and equal taxation and improvement in the system of state revenue laws;
(5) consult and confer with the governor upon the subject of taxation,
the administration of the laws in regard thereto, and the progress of the work
of the department, and furnish the governor, from time to time, such assistance
and information as the governor may require relating to tax matters;
(6) execute and administer any agreement with the secretary of the
treasury or the Bureau of Alcohol, Tobacco, Firearms, and Explosives in the
Department of Justice of the United States or a representative of another state
regarding the exchange of information and administration of the state revenue
laws;
(7) require town, city, county, and other public officers to report
information as to the collection of taxes received from licenses and other
sources, and such other information as may be needful in the work of the
commissioner, in such form as the commissioner may prescribe;
(8) authorize the use of unmarked motor vehicles to conduct seizures or
criminal investigations pursuant to the commissioner's authority; and
(9) maintain toll-free telephone access for taxpayer assistance for
calls from locations within the state; and
(10)
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec. 55. [270C.21] TAXPAYER ASSISTANCE GRANTS.
When the commissioner awards grants to nonprofit organizations to
coordinate, facilitate, encourage, and aid in the provision of taxpayer
assistance services, the commissioner must provide public notice of the grants
in a timely manner so that the grant process is completed and grants are
awarded by October 1, in order for recipient organizations to adequately plan
expenditures for the filing season. At
the time the commissioner provides public notice, the commissioner must also
notify nonprofit organizations that received grants in the previous biennium.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 56. Minnesota Statutes
2006, section 302A.821, subdivision 4, is amended to read:
Subd. 4. Penalty; reinstatement. (a)
A corporation that has failed to file a registration pursuant to the
requirements of subdivision 2 must be dissolved by the secretary of state as
described in paragraph (b).
(b) If the corporation has not filed the registration for two
consecutive during any calendar years year, the
secretary of state must issue a certificate of administrative dissolution and
the certificate must be filed in the Office of the Secretary of State. The secretary of state shall send notice
to the corporation that the corporation has been dissolved and that the
corporation may be reinstated by filing a registration and a $25 fee. The notice must be given by United States
mail unless the company has indicated to the secretary of state that they are
willing to receive notice by electronic notification, in which case the
secretary of state may give notice by mail or the indicated means. The secretary of state shall annually inform
the attorney general and the commissioner of revenue of the methods by which
the names of corporations dissolved under this section during the preceding
year may be determined. The
secretary of state must also make available in an electronic format the
names of the dissolved corporations. A
corporation dissolved in this manner is not entitled to the benefits of section
302A.781. The liability, if any, of the
shareholders of a corporation dissolved in this manner shall be determined and
limited in accordance with section 302A.557, except that the shareholders shall
have no liability to any director of the corporation under section 302A.559,
subdivision 2.
(c) After administrative dissolution, filing a registration and the $25
fee with the secretary of state:
(1) returns the corporation to good standing as of the date of the
dissolution;
(2) validates contracts or other acts within the authority of the
articles, and the corporation is liable for those contracts or acts; and
(3) restores to the corporation all assets and rights of the
corporation to the extent they were held by the corporation before the
dissolution occurred, except to the extent that assets or rights were affected
by acts occurring after the dissolution or sold or otherwise distributed after
that time.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec.
57. Minnesota Statutes 2006, section
308A.995, subdivision 4, is amended to read:
Subd. 4. Penalty; dissolution. (a) A
cooperative that has failed to file a registration pursuant to the requirements
of this section by December 31 of the calendar year for which the registration
was required must be dissolved by the secretary of state as described in
paragraph (b).
(b) If the cooperative has not filed the registration by December 31 of
that calendar year, the secretary of state must issue a certificate of
involuntary dissolution, and the certificate must be filed in the Office of the
Secretary of State. The secretary of
state must annually inform the attorney general and the commissioner of revenue
of the methods by which the names of cooperatives dissolved under this section
during the preceding year may be determined.
The secretary of state must also make available in an
electronic format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
not entitled to the benefits of section 308A.981.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec. 58. Minnesota Statutes
2006, section 308B.121, subdivision 4, is amended to read:
Subd. 4. Penalty; dissolution. (a) A
cooperative that has failed to file a registration under the requirements of
this section must be dissolved by the secretary of state as described in
paragraph (b).
(b) If the cooperative has not filed the registration by December 31 of
that calendar year, the secretary of state must issue a certificate of
involuntary dissolution and the certificate must be filed in the Office of the
Secretary of State. The secretary of
state must annually inform the attorney general and the commissioner of revenue
of the methods by which the names of cooperatives dissolved under this section
during the preceding year may be determined.
The secretary of state must also make available in an electronic format
the names of the dissolved cooperatives.
A cooperative dissolved in this manner is not entitled to the
benefits of section 308B.971.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec. 59. Minnesota Statutes
2006, section 308B.215, subdivision 2, is amended to read:
Subd. 2. Filing. The original
articles and a designation of the cooperative's registered office and agent,
including a registration form under section 308B.121, shall be filed with
the secretary of state. The fee for
filing the articles with the secretary of state is $60.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 60. [308B.903] NOTICE OF INTENT TO DISSOLVE.
Before a cooperative begins dissolution, a notice of intent to dissolve
must be filed with the secretary of state.
The notice must contain:
(1) the name of the cooperative;
(2) the date and place of the members' meeting at which the resolution
was approved; and
(3) a statement that the requisite vote of the members approved the
proposed dissolution.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec.
61. Minnesota Statutes 2006, section
317A.823, subdivision 1, is amended to read:
Subdivision 1. Annual registration. (a) The secretary of state must send
annually to each corporation at the registered office of the corporation a
postcard notice announcing the need to file the annual registration and
informing the corporation that the annual registration may be filed online and
that paper filings may also be made, and informing the corporation that failing
to file the annual registration will result in an administrative dissolution of
the corporation.
(b) Except for corporations to which paragraph (d) applies, Each
calendar year beginning in the calendar year following the calendar year in
which a corporation incorporates, a corporation must file with the secretary of
state by December 31 of each calendar year a registration containing the
information listed in paragraph (c).
(c) The registration must include:
(1) the name of the corporation;
(2) the address of its registered office;
(3) the name of its registered agent, if any; and
(4) the name and business address of the officer or other person
exercising the principal functions of president of the corporation.
(d) The timely filing of an annual financial report and audit or an
annual financial statement under section 69.051, subdivision 1 or 1a, by a
volunteer firefighter relief association, as reflected in the notification by
the state auditor under section 69.051, subdivision 1c, constitutes
presentation of the corporate registration.
The secretary of state may reject the registration by the volunteer
firefighter relief association.
Rejection must occur if the information provided to the state auditor
does not match the information in the records of the secretary of state. The volunteer firefighter relief association
may amend the articles of incorporation as provided in sections 317A.131 to
317A.151 so that the information from the state auditor may be accepted for
filing. The timely filing of an annual
financial report and audit or an annual financial statement under section
69.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief
association of the requirement to file amendments to the articles of
incorporation directly with the secretary of state.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 62. Minnesota Statutes
2006, section 321.0206, is amended to read:
321.0206 DELIVERY TO AND
FILING OF RECORDS BY SECRETARY OF STATE; EFFECTIVE TIME AND DATE.
(a) A record authorized or required to be delivered to the secretary of
state for filing under this chapter must be captioned to describe the record's
purpose, be in a medium permitted by the secretary of state, and be delivered
to the secretary of state. Unless the
secretary of state determines that a record does not comply with the filing
requirements of this chapter, and if the appropriate filing fees have been paid,
the secretary of state shall file the record and:
(1) for a statement of dissociation, send:
(A) a copy of the filed statement to the person which the statement
indicates has dissociated as a general partner; and
(B) a copy of the filed
statement to the limited partnership;
(2) for a statement of withdrawal, send:
(A) a copy of the filed statement to the person on whose behalf the
record was filed; and
(B) if the statement refers to an existing limited partnership, a copy
of the filed statement to the limited partnership; and
(3) for all other records, send a copy of the filed record to the
person on whose behalf the record was filed.
(b) Upon request and payment of a fee, the secretary of state shall
send to the requester a certified copy of the requested record.
(c) Except as otherwise provided in sections 321.0116 and 321.0207, a
record delivered to the secretary of state for filing under this chapter may
specify an effective time and a delayed effective date. Except as otherwise provided in this
chapter, a record filed by the secretary of state is effective:
(1) if the record does not specify an effective time and does not
specify a delayed effective date, on the date and at the time the record is
filed as evidenced by the secretary of state's endorsement of the date and time
on the record;
(2) if the record specifies an effective time but not a delayed
effective date, on the date the record is filed at the time specified in the
record;
(3) if the record specifies a delayed effective date but not an
effective time, at 12:01 a.m. on the earlier of:
(A) the specified date; or
(B) the 30th day after the record is filed; or
(4) if the record specifies an effective time and a delayed effective
date, at the specified time on the earlier of:
(A) the specified date; or
(B) the 30th day after the record is filed.
(d) The appropriate fees for filings under this chapter are:
(1) for filing a certificate of limited partnership, $100;
(2) for filing an amended certificate of limited partnership, $50;
(3) for filing any other record, other than the annual report
required by section 321.0210, for which no fee must be charged, required or
permitted to be delivered for filing, $35;
(4) for filing a certificate requesting authority to transact business
in Minnesota as a foreign limited partnership, $85;
(5) for filing an application of reinstatement, $25; and
(6) for filing a name reservation for a foreign limited partnership
name, $35; and
(7)
EFFECTIVE DATE. This section is effective July 1, 2007.
Sec. 63. [321.0909] NAME CHANGES FILED IN HOME STATE.
A foreign limited partnership shall notify the secretary of state of
any changes to the partnership name filed with the state of formation by filing
a certificate from the state of formation certifying to the change of name.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 64. Minnesota Statutes
2006, section 336.1-110, is amended to read:
336.1-110 UNIFORM COMMERCIAL
CODE ACCOUNT.
The Uniform Commercial Code account is established as an account in the
state treasury. Fees that are not
expressly set by statute but are charged by the secretary of state to offset
the costs of providing a service under this chapter must be deposited in the
state treasury and credited to the Uniform Commercial Code account.
Fees that are not expressly set by statute but are charged by the
secretary of state to offset the costs of providing information contained in
the computerized records maintained by the secretary of state must be deposited
in the state treasury and credited to the Uniform Commercial Code account.
Money in the Uniform Commercial Code account is continuously
appropriated to the secretary of state to implement and maintain the central
filing system under this chapter, to provide, improve, and expand other
online or remote lien and business entity filing, retrieval, and payment method
services provided by the secretary of state, and to provide electronic
access to other computerized records maintained by the secretary of state.
Sec. 65. Minnesota Statutes
2006, section 336.9-516, is amended to read:
336.9-516 WHAT CONSTITUTES
FILING; EFFECTIVENESS OF FILING.
(a) What constitutes
filing. Except as otherwise
provided in subsection (b), communication of a record to a filing office and
tender of the filing fee or acceptance of the record by the filing office
constitutes filing.
(b) Refusal to accept record;
filing does not occur. Filing does
not occur with respect to a record that a filing office refuses to accept
because:
(1) the record is not communicated by a method or medium of
communication authorized by the filing office. For purposes of filing office authorization, transmission of
records using the Extensible Markup Language (XML) format is authorized by the
filing office after the later of July 1, 2007, or the determination of the
secretary of state that the central filing system is capable of receiving and
processing these records;
(2) an amount equal to or greater than the applicable filing fee is not
tendered;
(3) the filing office is unable to index the record because:
(A) in the case of an initial financing statement, the record does not
provide a name for the debtor;
(B) in the case of an amendment
or correction statement, the record:
(i) does not identify the initial financing statement as required by
section 336.9-512 or 336.9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has
lapsed under section 336.9-515;
(C) in the case of an initial financing statement that provides the
name of a debtor identified as an individual or an amendment that provides a
name of a debtor identified as an individual which was not previously provided
in the financing statement to which the record relates, the record does not
identify the debtor's last name; or
(D) in the case of a record filed or recorded in the filing office
described in section 336.9-501(a)(1), the record does not provide a sufficient
description of the real property to which it relates;
(4) in the case of an initial financing statement or an amendment that
adds a secured party of record, the record does not provide a name and mailing
address for the secured party of record;
(5) in the case of an initial financing statement or an amendment that
provides a name of a debtor which was not previously provided in the financing
statement to which the amendment relates, the record does not:
(A) provide a mailing address for the debtor;
(B) indicate whether the debtor is an individual or an organization; or
(C) if the financing statement indicates that the debtor is an
organization, provide:
(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or
indicate that the debtor has none;
(6) in the case of an assignment reflected in an initial financing
statement under section 336.9-514(a) or an amendment filed under section
336.9-514(b), the record does not provide a name and mailing address for the
assignee; or
(7) in the case of a continuation statement, the record is not filed
within the six-month period prescribed by section 336.9-515(d).
(c) Rules applicable to
subsection (b). For purposes of
subsection (b):
(1) a record does not provide information if the filing office is
unable to read or decipher the information; and
(2) a record that does not indicate that it is an amendment or identify
an initial financing statement to which it relates, as required by section
336.9-512, 336.9-514, or 336.9-518, is an initial financing statement.
(d) Refusal to accept record;
record effective as filed record. A
record that is communicated to the filing office with tender of the filing fee,
but which the filing office refuses to accept for a reason other than one set
forth in subsection (b), is effective as a filed record except as against a
purchaser of the collateral which gives value in reasonable reliance upon the
absence of the record from the files.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 66. Minnesota Statutes 2006, section 336.9-525,
is amended to read:
336.9-525 FEES.
(a) Initial financing statement
or other record: general rule. Except as otherwise provided in
subsection (d), the fee for filing and indexing a record under this part delivered
on paper is $20 and for a record delivered by any electronic means is
$15. $5 of the fee collected for each filing made online must be
deposited in the uniform commercial code account.
(b) Number of names. The number of names required to be
indexed does not affect the amount of the fee in subsection (a).
(c) Response to information
request. The fee for responding to
a request for information from the filing office, including for issuing a
certificate showing whether there is on file any financing statement naming a
particular debtor, delivered on paper is $20 and for a record
delivered by any electronic means is $15. $5 of the fee collected for
each request delivered online must be deposited in the uniform commercial code
account.
(d) Record of mortgage. This section does not require a fee with
respect to a record of a mortgage which is effective as a financing statement
filed as a fixture filing or as a financing statement covering as-extracted
collateral or timber to be cut under section 336.9-502(c). However, the recording and satisfaction fees
that otherwise would be applicable to the record of the mortgage apply.
Sec. 67. Minnesota Statutes
2006, section 358.41, is amended to read:
358.41 DEFINITIONS.
As used in sections 358.41 to 358.49:
(1) "Notarial act" means any act that a notary public of this
state is authorized to perform, and includes taking an acknowledgment,
administering an oath or affirmation, taking a verification upon oath or
affirmation, witnessing or attesting a signature, certifying or attesting a copy,
and noting a protest of a negotiable instrument. A notary public may perform a notarial act by electronic means.
(2) "Acknowledgment" means a declaration by a person that the
person has executed an instrument or electronic record for the purposes stated
therein and, if the instrument or electronic record is executed in a
representative capacity, that the person signed the instrument with proper
authority and executed it as the act of the person or entity represented and
identified therein.
(3) "Verification upon oath or affirmation" means a
declaration that a statement is true made by a person upon oath or affirmation.
(4) "In a representative capacity" means:
(i) for and on behalf of a corporation, partnership, limited
liability company, trust, or other entity, as an authorized officer, agent,
partner, trustee, or other representative;
(ii) as a public officer, personal representative, guardian, or other
representative, in the capacity recited in the instrument;
(iii) as an attorney in fact for a principal; or
(iv) in any other capacity as
an authorized representative of another.
(5) "Notarial officer" means a notary public or other officer
authorized to perform notarial acts.
(6) "Electronic signature" means an electronic sound, symbol,
or process attached to or logically associated with a record and executed or
adopted by a person with the intent to sign the record.
(7) "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 68. Minnesota Statutes
2006, section 358.42, is amended to read:
358.42 NOTARIAL ACTS.
(a) In taking an acknowledgment, the notarial officer must determine,
either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the acknowledgment is the person whose
true signature is on the instrument or electronic record.
(b) In taking a verification upon oath or affirmation, the notarial
officer must determine, either from personal knowledge or from satisfactory
evidence, that the person appearing before the officer and making the
verification is the person whose true signature is made in the presence of
the officer on the statement verified.
(c) In witnessing or attesting a signature the notarial officer must
determine, either from personal knowledge or from satisfactory evidence, that
the signature is that of the person appearing before the officer and named
therein. When witnessing or
attesting a signature, the officer must be present when the signature is made.
(d) In certifying or attesting a copy of a document, electronic record,
or other item, the notarial officer must determine that the proffered copy is a
full, true, and accurate transcription or reproduction of that which was
copied.
(e) In making or noting a protest of a negotiable instrument or
electronic record the notarial officer must determine the matters set forth in
section 336.3-505.
(f) A notarial officer has satisfactory evidence that a person is the
person whose true signature is on a document or electronic record if that
person (i) is personally known to the notarial officer, (ii) is identified upon
the oath or affirmation of a credible witness personally known to the notarial
officer, or (iii) is identified on the basis of identification documents.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 69. Minnesota Statutes
2006, section 358.50, is amended to read:
358.50 EFFECT OF
ACKNOWLEDGMENT.
An acknowledgment made in a representative capacity for and on behalf
of a corporation, partnership, limited liability company, trust, or
other entity and certified substantially in the form prescribed in this chapter
is prima facie evidence that the instrument or electronic record was executed
and delivered with proper authority.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec.
70. Minnesota Statutes 2006, section
359.085, subdivision 2, is amended to read:
Subd. 2. Verifications. In taking a
verification upon oath or affirmation, the notarial officer must determine,
either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the verification is the person whose
true signature is made in the presence of the officer on the statement
verified.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 71. Minnesota Statutes
2006, section 359.085, subdivision 3, is amended to read:
Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, the notarial officer must
determine, either from personal knowledge or from satisfactory evidence, that
the signature is that of the person appearing before the officer and named in
the document or electronic record. When
witnessing or attesting a signature, the officer must be present when the
signature is made.
EFFECTIVE DATE. This section is effective August 1, 2007.
Sec. 72. Minnesota Statutes
2006, section 471.61, subdivision 1a, is amended to read:
Subd. 1a. Dependents. Notwithstanding
the provisions of Minnesota Statutes 1969, section 471.61, as amended by Laws
1971, chapter 451, section 1, the word "dependents" as used therein
shall mean spouse and minor unmarried children under the age of 18 years and
dependent students under the age of 25 years actually dependent upon the
employee, and others as defined by governmental units at their discretion.
Sec. 73. Minnesota Statutes
2006, section 477A.014, subdivision 4, is amended to read:
Subd. 4. Costs. The director of the
Office of Strategic and Long-Range Planning shall annually bill the
commissioner of revenue for one-half of the costs incurred by the state
demographer in the preparation of materials required by section 4A.02. The state auditor shall bill the
commissioner of revenue for the costs of best practices reviews and the
services provided by the Government Information Division and the parts of the
constitutional office that are related to the government information function,
and for the services provided by the Tax Increment Financing Investment and
Finance Division required by section 469.3201, not to exceed $217,000
$614,000 each fiscal year. The
commissioner of administration shall bill the commissioner of revenue for the
costs of the local government records program and the intergovernmental
information systems activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations shall
bill the commissioner of revenue for the costs of administering the local
government pay equity function, not to exceed $55,000 each fiscal year.
Sec. 74. Minnesota Statutes
2006, section 491A.02, subdivision 4, is amended to read:
Subd. 4. Representation. (a) A
corporation, partnership, limited liability company, sole proprietorship, or association
may be represented in conciliation court by an officer, manager, or partner or
an agent in the case of a condominium, cooperative, or townhouse association,
or may appoint a natural person who is an employee or commercial property
manager to appear on its behalf or settle a claim in conciliation court. The state or a political subdivision of the
state may be represented in conciliation court by an employee of the pertinent
governmental unit without a written authorization. The state also may be represented in conciliation court by an
employee of the Division of Risk Management of the Department of Administration
without a written authorization. Representation
under this subdivision does not constitute the practice of law for purposes of
section 481.02, subdivision 8. In the
case of an officer, employee, commercial property manager, or agent of a
condominium, cooperative, or townhouse association, an authorized power of
attorney, corporate authorization resolution, corporate bylaw, or other evidence
of authority acceptable to the court must be filed with the claim or presented
at the hearing. This subdivision also
applies to appearances in district court by a corporation or limited liability
company with five or fewer shareholders or members and to any condominium,
cooperative, or townhouse association, if the action was removed from
conciliation court.
(b)
"Commercial property manager" means a corporation, partnership, or
limited liability company or its employees who are hired by the owner of commercial
real estate to perform a broad range of administrative duties at the property
including tenant relations matters, leasing, repairs, maintenance, the
negotiation and resolution of tenant disputes, and related matters. In order to appear in conciliation court, a
property manager's employees must possess a real estate license under section
82.20 and be authorized by the owner of the property to settle all disputes
with tenants and others within the jurisdictional limits of conciliation court.
(c) A commercial property manager who is appointed to settle a claim in
conciliation court may not charge or collect a separate fee for services
rendered under paragraph (a).
Sec. 75. Minnesota Statutes
2006, section 507.24, subdivision 2, is amended to read:
Subd. 2. Original signatures required.
(a) Unless otherwise provided by law, an instrument affecting real
estate that is to be recorded as provided in this section or other applicable
law must contain the original signatures of the parties who execute it and of
the notary public or other officer taking an acknowledgment. However, a financing statement that is
recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the signatures of the debtor or the
secured party; or (2) an acknowledgment.
(b)(1) Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a pilot project
for the electronic filing of real estate documents implemented by the task
force created in Laws 2000, chapter 391, or by the Electronic Real Estate
Recording Task Force created under section 507.094. The Electronic Real Estate Recording Task Force created under
section 507.094 may amend standards set by the task force created in Laws 2000,
chapter 391, and may set new or additional standards and establish pilot
projects to the full extent permitted in section 507.094, subdivision 2,
paragraph (b). Documents recorded in
conformity with those standards and in those pilot projects are deemed to meet
the requirements of this section.
(2)(i) A county that participated in the pilot project for the electronic
filing of real estate documents under the task force created in Laws 2000,
chapter 391, may continue to record or file documents electronically, if:
(1)
(A) the county complies with standards adopted by the task force; and
(2)
(B) the county uses software that was validated by the task force.
(ii) A
county that did not participate in the pilot project may record or file a real
estate document electronically, if:
(i)
(A) the document to be recorded or filed is of a type included in the
pilot project for the electronic filing of real estate documents under the task
force created in Laws 2000, chapter 391;
(ii)
(B) the county complies with the standards adopted by the task force;
(iii)
(C) the county uses software that was validated by the task force; and
(iv)
(D) the task force created under section 507.094, votes to accept a
written certification of compliance with paragraph (b), clause (2), of this
section by the county board and county recorder of the county to implement
electronic filing under this section.
(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3,
need not contain an acknowledgment.
Sec.
76. Minnesota Statutes 2006, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. Term of license; fee; premarital education. (a) The local registrar shall examine upon
oath the party applying for a license relative to the legality of the
contemplated marriage. If at the
expiration of a five-day period, on being satisfied that there is no legal
impediment to it, including the restriction contained in section 259.13, the
local registrar shall issue the license, containing the full names of the
parties before and after marriage, and county and state of residence, with the
county seal attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. In case of emergency or
extraordinary circumstances, a judge of the district court of the county in
which the application is made, may authorize the license to be issued at any
time before the expiration of the five days.
Except as provided in paragraph (b), the local registrar shall collect
from the applicant a fee of $100 $110 for administering the oath,
issuing, recording, and filing all papers required, and preparing and
transmitting to the state registrar of vital statistics the reports of marriage
required by this section. If the
license should not be used within the period of six months due to illness or
other extenuating circumstances, it may be surrendered to the local registrar
for cancellation, and in that case a new license shall issue upon request of
the parties of the original license without fee. A local registrar who knowingly issues or signs a marriage
license in any manner other than as provided in this section shall pay to the
parties aggrieved an amount not to exceed $1,000.
(b) The marriage license fee for parties who have completed at least 12
hours of premarital education is $30 $40. In order to qualify for the reduced license
fee, the parties must submit at the time of applying for the marriage
license a signed and dated statement from the person who provided the
premarital education confirming that it was received. The premarital education must be provided by a licensed or
ordained minister or the minister's designee, a person authorized to solemnize
marriages under section 517.18, or a person authorized to practice marriage and
family therapy under section 148B.33.
The education must include the use of a premarital inventory and the
teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education
under paragraph (b) must be in the following form:
"I, (name of educator), confirm that (names of both parties)
received at least 12 hours of premarital education that included the use of a
premarital inventory and the teaching of communication and conflict management
skills. I am a licensed or ordained
minister, a person authorized to solemnize marriages under Minnesota Statutes,
section 517.18, or a person licensed to practice marriage and family therapy
under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical
to the legal names of the parties as they appear in the marriage license
application. Notwithstanding section
138.17, the educator's statement must be retained for seven years, after which
time it may be destroyed.
(d) If section 259.13 applies to the request for a marriage license,
the local registrar shall grant the marriage license without the requested name
change. Alternatively, the local
registrar may delay the granting of the marriage license until the party with
the conviction:
(1) certifies under oath that 30 days have passed since service of the
notice for a name change upon the prosecuting authority and, if applicable, the
attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting it. The parties seeking the marriage license
shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change request.
Sec.
77. Minnesota Statutes 2006, section
517.08, subdivision 1c, is amended to read:
Subd. 1c. Disposition of license fee.
(a) Of the marriage license fee collected pursuant to subdivision 1b,
paragraph (a), $15 $25 must be retained by the county. The local registrar must pay $85 to the
commissioner of finance to be deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to the
commissioner of education for parenting time centers under section 119A.37;
(3) $2 in the special revenue fund to be appropriated to the
commissioner of health for developing and implementing the MN ENABL program
under section 145.9255;
(4) $25 in the special revenue fund is appropriated to the commissioner
of employment and economic development for the displaced homemaker program
under section 116L.96; and
(5) $5 in the special revenue fund is appropriated to the commissioner
of human services for the Minnesota Healthy Marriage and Responsible Fatherhood
Initiative under section 256.742.
(b) Of the $30 $40 fee under subdivision 1b, paragraph
(b), $15 $25 must be retained by the county. The local registrar must pay $15 to the
commissioner of finance to be deposited as follows:
(1) $5 as provided in paragraph (a), clauses (2) and (3); and
(2) $10 in the special revenue fund is appropriated to the commissioner
of employment and economic development for the displaced homemaker program
under section 116L.96.
(c) The increase in the marriage license fee under paragraph (a)
provided for in Laws 2004, chapter 273, and disbursement of the increase in
that fee to the special fund for the Minnesota Healthy Marriage and Responsible
Fatherhood Initiative under paragraph (a), clause (5), is contingent upon the
receipt of federal funding under United States Code, title 42, section 1315,
for purposes of the initiative.
Sec. 78. Laws 2005, chapter
156, article 2, section 45, is amended to read:
Sec. 45. SALE OF STATE LAND.
Subdivision 1. State land sales. The commissioner of administration shall
coordinate with the head of each department or agency having control of
state-owned land to identify and sell at least $6,440,000 of state-owned
land. Sales should be completed
according to law and as provided in this section as soon as practicable but no
later than June 30, 2007 2009.
Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 94.09
and 94.10, or any other law to the contrary, the commissioner may offer land
for public sale by only providing notice of lands or an offer of sale of lands
to state departments or agencies, the University of Minnesota, cities,
counties, towns, school districts, or other public entities.
Subd. 2. Anticipated savings.
Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or
other law to the contrary, the amount of the proceeds from the sale of land
under this section that exceeds the actual expenses of selling the land must be
deposited in the general fund, except as otherwise provided by the commissioner
of finance. Notwithstanding Minnesota
Statutes, section 94.11 or 16B.283, the commissioner of finance may establish
the timing of payments for land purchased under this section. If the total of all money deposited into the
general fund from the proceeds of the sale of land under this section is
anticipated to be less than $6,440,000, the governor must allocate the amount
of the difference as reductions to general fund operating expenditures for
other executive agencies for the biennium ending June 30, 2007 2009.
Subd. 3. Sale
of state lands revolving loan fund.
$290,000 is appropriated from the general fund in fiscal year 2006 to
the commissioner of administration for purposes of paying the actual expenses
of selling state-owned lands to achieve the anticipated savings required in
this section. From the gross proceeds
of land sales under this section, the commissioner of administration must
cancel the amount of the appropriation in this subdivision to the general fund
by June 30, 2007.
Sec. 79. Laws 2006, chapter
253, section 22, subdivision 1, is amended to read:
Subdivision 1. Genetic information; work group. (a) The commissioner must create a work
group to develop principles for public policy on the use of genetic
information. The work group must
include representatives of state government, including the judicial branch,
local government, prosecutors, public defenders, the American Civil Liberties
Union - Minnesota, the Citizens Council on Health Care, the University of
Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo
Clinic and Foundation, the March of Dimes, and representatives of employers,
researchers, epidemiologists, laboratories, and insurance companies.
(b) The commissioner of administration and the work group must conduct
reviews of the topics in paragraphs (c) to (f), in light of the issues raised
in the report on treatment of genetic information under state law required by
Laws 2005, chapter 163, section 87. The
commissioner must report the results, including any recommendations for
legislative changes, to the chairs of the house Civil Law Committee and the
senate Judiciary Committee and the ranking minority members of those committees
by January 15, 2008 2009.
(c) The commissioner and the work group must determine whether changes
are needed in Minnesota Statutes, section 144.69, dealing with collection of
information from cancer patients and their relatives.
(d) The commissioner and the work group must make recommendations
whether all relatives affected by a formal three-generation pedigree created by
the Department of Health should be able to access the entire data set, rather
than only allowing individuals access to the data of which they are the
subject.
(e) The commissioner and the work group must identify, and may make
recommendations among, options for resolving questions of secondary uses of
genetic information.
(f) The commissioner and the work group must make recommendations
whether legislative changes are needed regarding access to DNA test results and
the specimens used to create the test results held by the Bureau of Criminal
Apprehension as part of a criminal investigation.
Sec. 80. Laws 2006, chapter
282, article 14, section 5, is amended to read:
Sec. 5. OFFICE OF ADMINISTRATIVE HEARINGS 320,000
From the workers' compensation fund for costs
associated with the relocation of offices to St. Paul. The commissioner of administration shall
take all steps as necessary to complete the renovation of the Stassen Building
for these purposes by January 1, 2008.
Minnesota Statutes, section 16B.33, subdivision 3, does not apply if the
estimated cost of construction exceeds $2,000,000. This is a onetime appropriation.
This appropriation is available until spent.
Beginning in fiscal year 2009
and for all fiscal years thereafter, the appropriation base for the workers'
compensation fund for the Office of Administrative Hearings is reduced by
$297,000 to reflect savings in rent costs due to the relocation of offices to
St. Paul.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 81. FORD BUILDING.
The Ford Building at 117 University Avenue in
St. Paul may not be demolished during the biennium ending June 30, 2009.
Sec. 82. ELECTRONIC DOCUMENTS STUDY AND REPORT.
Subdivision 1. Study. The chief information officer of the
state, in consultation with the state archivist and legislative reference
librarian, shall study how electronic documents and the mechanisms and
processes for accessing and reading electronic data can be created, maintained,
exchanged, and preserved by the state in a manner that encourages appropriate
government control, access, choice, and interoperability. The study must consider, but not be limited
to, the policies of other states and nations, management guidelines for state
archives as they pertain to electronic documents, public access to information,
expected storage life of electronic documents, costs of implementation, and
potential savings. The chief
information officer shall solicit comments from stakeholders, including, but
not limited to, the legislative auditor, attorney general, librarians, state
services for the blind, representatives of the Minnesota Historical Society,
other historians, and the media. The
chief information officer shall also solicit comments from members of the
public.
Subd. 2. Report and recommendations. The chief information officer shall
report the officer's findings and recommendations to the chairs of the senate
State and Local Government Operations and Oversight Committee; the house of
representatives Government Operations, Reform, Technology and Elections
Committee; and the senate and house of representatives State Government Finance
Divisions by January 15, 2008.
Sec. 83. STATE EMPLOYEES ELECTRONIC HEALTH
RECORDS PILOT PROJECT.
Subdivision 1. Project established. The Minnesota State Colleges and
Universities Board of Trustees (MnSCU), in collaboration with the commissioner
of employee relations shall establish an enterprise-wide pilot project to
provide consumer-owned electronic personal health records to MnSCU employees
and all participants in the state employee group insurance program. If the Department of Employee Relations is
abolished, then the Minnesota State Colleges and Universities Board of Trustees
shall work in collaboration with the commissioner of the department responsible
for administration of the state employee group insurance program.
Subd. 2. Project goals. The goal of the project is to provide
consumer-owned electronic personal health records that are portable among
health care providers, health plan companies, and employers in order to control
costs, improve quality, and enhance safety, and to demonstrate the feasibility
of a statewide health information exchange.
The pilot project shall coordinate to the extent possible with other
health information consumer engagement initiatives in Minnesota designed to
support the goal of statewide health information exchange. The electronic personal health records may
provide, but are not limited to, the following:
(1) access to electronic medical records;
(2) prescription and
appointment information;
(3) information regarding health education,
public health, and health cost management; and
(4) privacy, security, and compliance with
HIPAA; Minnesota Statutes, chapter 13; Minnesota Statutes, section 144.335; and
other state law related to data privacy.
Sec. 84. SUSTAINABLE GROWTH WORKING GROUP.
Subdivision 1. Creation. The sustainable growth working group
consists of the following members:
(1) two senators, including one member of the
minority caucus, appointed by the Subcommittee on Committees of the Committee
on Rules and Administration;
(2) two members of the house of
representatives, one appointed by the speaker and one appointed by the minority
leader;
(3) commissioners of the following agencies,
or their designees: Department of
Natural Resources, Department of Administration, Department of Agriculture,
Department of Commerce, Department of Transportation, Department of Employment
and Economic Development, Minnesota Housing Finance Agency, and the Minnesota
Pollution Control Agency; and the chair of the Metropolitan Council or the
chair's designee;
(4) up to 12 public members who have an
interest in promoting sustainable communities in Minnesota, including up to six
public members appointed by the speaker of the house of representatives and up
to six public members appointed by the majority leader of the senate. The appointing authorities must use their
best efforts to include at least one representative from each of the following
sectors: business, environmental,
energy, affordable housing, transportation, local government, planning, and
philanthropic.
The membership of the working group must
include balanced representation from rural, urban, and suburban areas of the
state.
Subd. 2. Duties. The working group must identify
strategies, recommendations, and a process for implementing state-level
coordination of state and local policies, programs, and regulations in the
areas of housing, transportation, natural resource preservation, capital
development, economic development, sustainability, and preservation of the
environment. The working group must
identify sustainable development principles that will guide decision making in
Minnesota. The working group must
gather information and develop strategies relative to the strategic use of
state resources, to be consistent with statewide goals of sustainable
development. The working group must
report proposed strategies, recommendations, and a process for implementation
to the legislature and the governor by February 1, 2008. In its report to the legislature and the
governor, the working group must identify its source of funding.
Subd. 3. Administrative provisions. (a) The commissioner of administration
must convene the initial meeting. Upon
request of the working group, the commissioner must provide meeting space and
administrative services for the group.
The Office of Geographic and Demographic Analysis must provide staff
support for the working group. The
members of the working group must elect a chair.
(b) Members of the working group serve
without compensation but may be reimbursed for expenses under Minnesota
Statutes, section 15.059.
(c) The working group expires June 30, 2008.
(d) The working group may
accept gifts and grants, which are accepted on behalf of the state and
constitute donations to the state.
Funds received are appropriated to the commissioner of administration
for purposes of the working group.
Sec. 85. TRAINING SERVICES.
During the biennium ending June 30, 2009,
state executive branch agencies must consider using services provided by
government training services before contracting with other outside vendors for
similar services.
Sec. 86. DEPARTMENT OF EMPLOYEE RELATIONS
ABOLISHED; DUTIES TRANSFERRED.
(a) The Department of Employee Relations and
the position of the commissioner of employee relations are abolished as of June
1, 2008. Duties of the Department of
Employee Relations and the commissioner of employee relations are transferred
on or before June 1, 2008, to the commissioner of finance, except as follows:
(1) duties relating to administration of the
state employees workers' compensation program are transferred on or before June
1, 2008, to the commissioner of administration; and
(2) duties relating to health care purchasing
improvement under Minnesota Statutes, section 43A.312, are transferred on or
before June 1, 2008, to the commissioner of health.
(b) The commissioner of employee relations,
in consultation with the commissioner of finance, may specify one or more dates
before June 1, 2008, on which any or all of the transfers provided in paragraph
(a) will occur.
(c) The governor may, in consultation with
the commissioner of employee relations, the commissioner of finance, the commissioner
of administration, and the director of the Office of Enterprise Technology,
transfer other duties of the Department of Employee Relations to other state
agencies in order to most effectively and efficiently accomplish the
reorganization required by this act.
(d) Transfer of duties under this section is
subject to Minnesota Statutes, section 15.039.
(e) In addition to any other protection, no
employee in the classified service shall suffer job loss, have a salary
reduced, or have employment benefits reduced as a result of a reorganization
mandated or recommended under authority of this section. No action taken after June 1, 2009, shall be
considered a result of reorganization for the purposes of this section.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 87. STATE BUDGET TRENDS STUDY COMMISSION.
(a) The State Budget Trends Study Commission
is established for the purpose of completing a study of the implications of
state demographic trends for future state budget conditions, including both
expected revenue collections and spending for state government services and
local services supported by state revenues.
The commission shall consist of 15 public members, including five
members appointed by the governor; five members appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration; four
members appointed by the speaker of the house of representatives; and one
member appointed by the minority leader of the house of representatives. The respective appointing authorities must
complete their appointments under this section within 30 days of the effective
date of this section. The commissioner
of finance must convene the commission within 30 days of the completion of
appointments under this section. The
members shall select their chair at the first meeting. When making appointments under this section,
the appointing authorities must consider the education and expertise of
appointees in fields such as public finance, demography, and public
administration.
(b) Per diem and expense
payments to members, removal of members, and vacancies are governed by
Minnesota Statutes, section 15.059.
(c) The commissioners of finance and revenue
must provide data, analysis, and staff support required by the commission to
complete the study, including, but not limited to, the effect of expected
demographic changes over the next 25 years on state tax bases and on existing
state programs and appropriations. In
preparing the study, the commission shall consult with and use the services of
the state demographer to estimate the changing profile of the Minnesota
population by age and other factors relevant to the study. The commission may also contract with appropriate
consultants and experts as needed to complete the study.
(d) In completing the study, the commission
must consider:
(1) the effect of expected demographic
changes over the next 25 years on the tax base and revenue collections for
state income and sales tax, or other state taxes;
(2) estimates of tax revenue collections for
the years 2012, 2017, 2022, 2027, and 2032, taking into account the sensitivity
of the results for changes in estimated migration rates, labor force
participation by older individuals, and other shares of capital versus labor;
(3) the effect of demographic trends on
entitlement programs and other large state appropriations relative to current
budget commitments;
(4) relative trends in spending for state
programs including trends identified in the fast growing expenditures report
completed under Minnesota Statutes, section 16A.103, subdivision 4; and
(5) the structure of the state budget with
regard to budget stability and flexibility.
(e) The commission may make recommendations
for state tax or budget policy changes, including recommendations for changes
in tax base, mix of tax types, state and local finance relationships,
entitlements, or budget structure. The
commission shall present preliminary results to the chairs of the legislative
committees with jurisdiction over finance and taxes by February 1, 2008, and a
final written report to the same chairs by January 15, 2009, in compliance with
Minnesota Statutes, sections 3.195 and 3.197.
(f) This section expires on June 30, 2009.
Sec. 88. INSURANCE STUDY.
The commissioner of employee relations must
study and report to the legislature by January 15, 2008, on the estimated
financial impact to the state employee group insurance program of allowing each
unmarried state employee to designate one significant individual, as defined in
Minnesota Statutes, section 43A.02, as the employee's dependent under the
program.
Sec. 89. REVISOR'S INSTRUCTION.
In the next and subsequent editions of
Minnesota Statutes and Minnesota Rules, the revisor of statutes must replace
references to the Department of Employee Relations and commissioner of employee
relations with references to the appropriate department and commissioner
specified in section 86. The revisor of
statutes, in consultation with affected commissioners of state agencies, must
prepare a bill for introduction in the 2008 legislative session making other
statutory changes needed to implement or conform with section 86.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec.
90. REPEALER.
Minnesota Statutes 2006, sections 16A.102,
subdivisions 1, 2, and 3; 16B.055, subdivisions 2 and 3; 16C.055, subdivision
1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085, subdivision 8; and
645.44, subdivision 19, are repealed.
ARTICLE 3
BEST VALUE CONTRACTS
Section 1.
Minnesota Statutes 2006, section 16C.02, is amended by adding a
subdivision to read:
Subd. 4a. Best value; construction. For purposes of construction, building,
alteration, improvement, or repair services, "best value" describes
the result determined by a procurement method that considers price and
performance criteria, which may include, but are not limited to:
(1) the quality of the vendor's or
contractor's performance on previous projects;
(2) the timeliness of the vendor's or
contractor's performance on previous projects;
(3) the level of customer satisfaction with
the vendor's or contractor's performance on previous projects;
(4) the vendor's or contractor's record of
performing previous projects on budget and ability to minimize cost overruns;
(5) the vendor's or contractor's ability to
minimize change orders;
(6) the vendor's or contractor's ability to
prepare appropriate project plans;
(7) the vendor's or contractor's technical
capacities;
(8) the individual qualifications of the
contractor's key personnel; or
(9) the vendor's or contractor's ability to
assess and minimize risks.
"Performance on previous projects"
does not include the exercise or assertion of a person's legal rights. This definition does not apply to sections
16C.32, 16C.33, 16C.34, and 16C.35.
Sec. 2.
Minnesota Statutes 2006, section 16C.02, is amended by adding a
subdivision to read:
Subd. 20. Vendor. "Vendor" means a business,
including a construction contractor or a natural person, and includes both if
the natural person is engaged in a business.
Sec. 3.
Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to
read:
Subd. 3. Acquisition authority. The commissioner shall acquire all goods,
services, and utilities needed by agencies.
The commissioner shall acquire goods, services, and utilities by
requests for bids, requests for proposals, reverse auctions as provided in
section 16C.10, subdivision 7, or other methods provided by law, unless a
section of law requires a particular method of acquisition to be used. The commissioner shall make all decisions
regarding acquisition activities. The
determination of the acquisition method and all decisions involved in the
acquisition process, unless otherwise provided for by law, shall be based on
best value which includes an evaluation of price and
may include other considerations including, but not limited to, environmental
considerations, quality, and vendor performance. A best value determination must be based on the evaluation
criteria detailed in the solicitation document. If criteria other than price are used, the solicitation document
must state the relative importance of price and other factors. Unless it is determined by the
commissioner that an alternative solicitation method provided by law should be
used to determine best value, a request for bid must be used to solicit formal
responses for all building and construction contracts. Any or all responses may be
rejected. When using the request for
bid process, the bid must be awarded to the lowest responsive and responsible
bidder, taking into consideration conformity with the specifications, terms of
delivery, the purpose for which the contract or purchase is intended, the
status and capability of the vendor, and other considerations imposed in the
request for bids. The commissioner may
decide which is the lowest responsible bidder for all purchases and may use the
principles of life-cycle costing, where appropriate, in determining the lowest
overall bid. The duties set forth in
this subdivision are subject to delegation pursuant to this section.
Sec. 4.
Minnesota Statutes 2006, section 16C.03, is amended by adding a
subdivision to read:
Subd. 3a. Acquisition authority; construction
contracts. For all building
and construction contracts, the commissioner shall award contracts pursuant to
section 16C.28, and "best value" shall be defined and applied as set
forth in sections 16C.02, subdivision 4a, and 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c). The
duties set forth in this subdivision are subject to delegation pursuant to this
section. The commissioner shall
establish procedures for developing and awarding best value requests for
proposals for construction projects.
The criteria to be used to evaluate the proposals must be included in
the solicitation document and must be evaluated in an open and competitive
manner.
Sec. 5.
Minnesota Statutes 2006, section 16C.03, is amended by adding a
subdivision to read:
Subd. 19. Training. Any personnel administering procurement
procedures for a user of best value procurement or any consultant retained by a
local unit of government to prepare or evaluate solicitation documents must be
trained, either by the department or through other training, in the request for
proposals process for best value contracting for construction projects. The commissioner may establish a training
program for state and local officials, and vendors and contractors, on best
value procurement for construction projects, including those governed by
section 16C.28. If the commissioner
establishes such a training program, the state may charge a fee for providing
training.
Sec. 6.
Minnesota Statutes 2006, section 16C.26, is amended to read:
16C.26
COMPETITIVE BIDS OR PROPOSALS.
Subdivision 1.
Application. Except as otherwise provided by sections
16C.10, 16C.26 and 16C.27, all contracts for building and construction or
repairs must be based on competitive bids or proposals. "Competitive
proposals" specifically refers to the method of procurement described in
section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 2. Requirement contracts. Standard requirement price contracts for
building and construction must be established by competitive bids as provided
in subdivision 1. The standard
requirement price contracts may contain escalation clauses and may provide for
a negotiated price increase or decrease based upon a demonstrable industrywide
or regional increase or decrease in the vendor's costs or for the addition of
similar products or replacement items not significant to the total value of
existing contracts. The term of these
contracts may not exceed five years including all extensions.
Subd.
3. Publication
of notice; expenditures over $25,000.
If the amount of an expenditure is estimated to exceed $25,000, bids or
proposals must be solicited by public notice in a manner designated by the
commissioner. To the extent practical,
this must include posting on a state Web site.
For expenditures over $50,000, when a call for bids is issued, the
commissioner shall solicit sealed bids by providing notices to all prospective
bidders known to the commissioner by posting notice on a state Web site at
least seven days before the final date of submitting bids. All bids over $50,000 must be sealed when
they are received and must be opened in public at the hour stated in the
notice. All proposals responsive to
a request for proposals according to section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c), shall be submitted and evaluated in the
manner described in the request for proposals, regardless of the dollar
amount. All original bids and
proposals and all documents pertaining to the award of a contract must be
retained and made a part of a permanent file or record and remain open to
public inspection.
Subd. 4. Building and construction contracts;
$50,000 or less. An informal bid
may be used for building, construction, and repair contracts that are estimated
at less than $50,000. Informal bids
must be authenticated by the bidder in a manner specified by the
commissioner. Alternatively, a
request for proposals may be issued according to section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c), for such contracts.
Subd. 5. Standard specifications, security. Contracts must be based on the standard
specifications prescribed and enforced by the commissioner under this chapter,
unless otherwise expressly provided or as authorized under section 16C.28, subdivision
1, paragraph (a), clause (2), and paragraph (c). Each bidder for a contract vendor or contractor
must furnish security approved by the commissioner to ensure the making of the
contract being bid for.
Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with
small targeted group businesses designated under section 16C.16 when entering
into contracts that are not subject to competitive bidding procedures.
Sec. 7.
Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to
read:
Subdivision 1.
Single source of supply. Competitive bidding is or
proposals are not required for contracts clearly and legitimately limited
to a single source of supply, and the contract price may be best established by
direct negotiation.
Sec. 8.
Minnesota Statutes 2006, section 16C.28, is amended to read:
16C.28
CONTRACTS; AWARD.
Subdivision 1.
Lowest responsible bidder
Award requirements. (a) All
state building and construction contracts entered into by or under the
supervision of the commissioner or an agency for which competitive bids or
proposals are required must be awarded to the lowest responsible bidder,
taking into consideration conformity with the specifications, terms of
delivery, the purpose for which the contract is intended, the status and
capability of the vendor, and other considerations imposed in the call for
bids. The commissioner may decide which
is the lowest responsible bidder for all contracts and may use the principles
of life cycle costing, where appropriate, in determining the lowest overall
bid. The head of the interested agency
shall make the decision, subject to the approval of the commissioner. Any or all bids may be rejected. In a case where competitive bids are
required and where all bids are rejected, new bids, if solicited, must be
called for as in the first instance, unless otherwise provided by law.
may be awarded to either of the following:
(1) the lowest responsible bidder, taking
into consideration conformity with the specifications, terms of delivery, the
purpose for which the contract is intended, the status and capability of the
vendor or contractor, other considerations imposed in the call for bids, and,
where appropriate, principles of life-cycle costing; or
(2)
the vendor or contractor offering the best value, taking into account the
specifications of the request for proposals, the price and performance criteria
as set forth in section 16C.02, subdivision 4a, and described in the
solicitation document.
(b) The vendor or contractor must secure
bonding, commercial general insurance coverage, and workers' compensation
insurance coverage under paragraph (a), clause (1) or (2). The commissioner shall determine whether to
use the procurement process described in paragraph (a), clause (1), or the procurement
process described in paragraph (a), clause (2), and paragraph (c). If the commissioner uses the method in
paragraph (a), clause (2), and paragraph (c), the head of the agency shall
determine which vendor or contractor offers the best value, subject to the
approval of the commissioner. Any or
all bids or proposals may be rejected.
(c) When using the procurement process
described in subdivision 1, paragraph (a), clause (2), the solicitation
document must state the relative weight of price and other selection
criteria. The award must be made to the
vendor or contractor offering the best value applying the weighted selection
criteria. If an interview of the
vendor's or contractor's personnel is one of the selection criteria, the
relative weight of the interview shall be stated in the solicitation document
and applied accordingly.
Subd. 1a. Establishment and purpose. (a) The state recognizes the importance
of the inclusion of a best value contracting system for construction as an
alternative to the current low-bid system of procurement. In order to accomplish that goal, state and
local governmental entities shall be able to choose the best value system in
different phases.
(b) "Best value" means the
procurement method defined in section 16C.02, subdivision 4a.
(c) The following entities are eligible to
participate in phase I:
(1) state agencies;
(2) counties;
(3) cities; and
(4) school districts with the highest 25
percent enrollment of students in the state.
Phase I begins on the effective
date of this section.
(d) The following entities are eligible to
participate in phase II:
(1)
those entities included in phase I; and
(2)
school districts with the highest 50 percent enrollment of students in
the state.
Phase II begins two years
from the effective date of this section.
(e) The following entities are eligible to
participate in phase III:
(1)
all entities included in phases I and II; and
(2)
all other townships, school districts, and political subdivisions in the
state.
Phase III begins three years
from the effective date of this section.
(f) The commissioner or any
agency for which competitive bids or proposals are required may not use best
value contracting as defined in section 16C.02, subdivision 4a, for more than
one project annually, or 20 percent of its projects, whichever is greater, in
each of the first three fiscal years in which best value construction
contracting is used.
Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
any price contained in the bid which is used in determining the lowest
responsible bid must be rejected unless the alteration or erasure is corrected
in a manner that is clear and authenticated by an authorized representative of
the responder. An alteration or erasure
may be crossed out and the correction printed in ink or typewritten adjacent to
it and initialed by an authorized representative of the responder.
Subd. 3. Special circumstances. The commissioner may reject the bid or
proposal of any bidder vendor or contractor who has failed to
perform a previous contract with the state.
In the case of identical low bids from two or more bidders, the
commissioner may use negotiated procurement methods with the tied low bidders
for that particular transaction so long as the price paid does not exceed the
low tied bid price. The commissioner
may award contracts to more than one bidder vendor or contractor
in accordance with subdivision 1, if doing so does not decrease the service
level or diminish the effect of competition.
Subd. 4. Record. A record must be kept of all bids or proposals, including
names of bidders, amounts of bids or proposals, and each successful bid
or proposal. This record is open to
public inspection, subject to section 13.591 and other applicable law.
Subd. 5. Preferences not cumulative. The preferences under sections 16B.121,
16C.06, subdivision 7, and 16C.16 apply, but are not cumulative. The total percentage of preference granted
on a contract may not exceed the highest percentage of preference allowed for
that contract under any one of those sections.
Sec. 9.
Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to
read:
Subd. 3. Awarding of contract. (a) At a time and place specified in the bid
notice, the managers may accept or reject any or all bids and may award the
contract to the lowest responsible bidder.
The bidder to whom the contract is to be awarded must give a bond, with
ample security, conditioned by satisfactory completion of the contract.
(b) Bids must not be considered which in the
aggregate exceed by more than 30 percent the total estimated cost of
construction or implementation.
(c) As an alternative to the procurement method
described in paragraph (a), the managers may issue a request for proposals and
award the contract to the vendor or contractor offering the best value as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
(d) The contract must be in writing and be accompanied
by or refer to the plans and specifications for the work to be done as prepared
by the engineer for the watershed district.
The plans and specifications shall become a part of the contract.
(d) (e) The contract shall be approved by the
managers and signed by the president, secretary, and contractor.
Sec. 10.
Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to
read:
Subd. 5. How contract may be awarded. The contract may be awarded in one job, in
sections, or separately for labor and material and must may be
let to the lowest responsible bidder. Alternatively,
the contract may be awarded to the vendor or contractor offering the best value
under a request for proposals as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
Sec. 11. Minnesota Statutes 2006, section 116A.13,
subdivision 5, is amended to read:
Subd. 5. How job may be let. The job may be let in one job, or in
sections, or separately for labor and material, and shall may be
let to the lowest responsible bidder or bidders therefor. Alternatively, the contract may be
awarded to the vendor or contractor offering the best value under a request for
proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
(2), and paragraph (c).
Sec. 12. Minnesota
Statutes 2006, section 123B.52, subdivision 1, is amended to read:
Subdivision 1.
Contracts. A contract for work or labor, or for the
purchase of furniture, fixtures, or other property, except books registered
under the copyright laws, or for the construction or repair of school houses,
the estimated cost or value of which shall exceed that specified in section
471.345, subdivision 3, must not be made by the school board without first
advertising for bids or proposals by two weeks' published notice in the
official newspaper. This notice must
state the time and place of receiving bids and contain a brief description of
the subject matter.
Additional publication in the official newspaper or
elsewhere may be made as the board shall deem necessary.
After taking into consideration conformity with the
specifications, terms of delivery, and other conditions imposed in the call for
bids, every such contract for which a call for bids has been issued must
be awarded to the lowest responsible bidder, be duly executed in writing, and
be otherwise conditioned as required by law.
The person to whom the contract is awarded shall give a sufficient bond
to the board for its faithful performance.
Notwithstanding section 574.26 or any other law to the contrary, on a
contract limited to the purchase of a finished tangible product, a board may
require, at its discretion, a performance bond of a contractor in the amount
the board considers necessary. A record
must be kept of all bids, with names of bidders and amount of bids, and with
the successful bid indicated thereon. A
bid containing an alteration or erasure of any price contained in the bid which
is used in determining the lowest responsible bid must be rejected unless the
alteration or erasure is corrected as provided in this section. An alteration or erasure may be crossed out
and the correction thereof printed in ink or typewritten adjacent thereto and
initialed in ink by the person signing the bid. In the case of identical low bids from two or more bidders, the
board may, at its discretion, utilize negotiated procurement methods with the
tied low bidders for that particular transaction, so long as the price paid
does not exceed the low tied bid price.
In the case where only a single bid is received, the board may, at its
discretion, negotiate a mutually agreeable contract with the bidder so long as
the price paid does not exceed the original bid. If no satisfactory bid is received, the board may readvertise. Standard requirement price contracts established
for supplies or services to be purchased by the district must be established by
competitive bids. Such standard
requirement price contracts may contain escalation clauses and may provide for
a negotiated price increase or decrease based upon a demonstrable industrywide
or regional increase or decrease in the vendor's costs. Either party to the contract may request
that the other party demonstrate such increase or decrease. The term of such contracts must not exceed
two years with an option on the part of the district to renew for an additional
two years. Contracts for the purchase
of perishable food items, except milk for school lunches and vocational
training programs, in any amount may be made by direct negotiation by obtaining
two or more written quotations for the purchase or sale, when possible, without
advertising for bids or otherwise complying with the requirements of this
section or section 471.345, subdivision 3.
All quotations obtained shall be kept on file for a period of at least
one year after receipt.
Every contract made without compliance with the
provisions of this section shall be void.
Except in the case of the destruction of buildings or injury thereto,
where the public interest would suffer by delay, contracts for repairs may be
made without advertising for bids.
Sec. 13. Minnesota Statutes 2006, section 123B.52, is
amended by adding a subdivision to read:
Subd. 1b. Best value alternative. As an alternative to the procurement
method described in subdivision 1, a contract for construction, building,
alteration, improvement, or repair work may be awarded to the vendor or
contractor offering the best value under a request for proposals as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 14.
Minnesota Statutes 2006, section 160.17, is amended by adding a
subdivision to read:
Subd. 2a. Best value alternative. As an alternative to the procurement
method referenced in subdivision 2, counties or towns may issue a request for
proposal and award the contract to the vendor or contractor offering the best
value as described in section 16C.28, subdivision 1, paragraph (a), clause (2),
and paragraph (c).
Sec. 15.
Minnesota Statutes 2006, section 160.262, is amended by adding a
subdivision to read:
Subd. 5. Best value alternative. As an alternative to the procurement
method described in subdivision 4, the commissioner may allow for the award of
design-build contracts for the projects described in subdivision 4 to the vendor or contractor offering the best value under
a request for proposals as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
Sec. 16.
Minnesota Statutes 2006, section 161.32, is amended by adding a
subdivision to read:
Subd. 1f. Best value alternative. As an alternative to the procurement
method described in subdivisions 1a to 1e, the commissioner may issue a request
for proposals and award the contract to the vendor or contractor offering the
best value as described in section 16C.28, subdivision 1, paragraph (a), clause
(2), and paragraph (c).
Sec. 17. [161.3206] BEST VALUE CONTRACTING
AUTHORITY.
Notwithstanding sections 16C.25, 161.32,
161.321, or any other law to the contrary, the commissioner may solicit and
award all contracts, other than design-build contracts governed by section
161.3412, for a project on the basis of a best value selection process as
defined in section 16C.02, subdivision 4a.
Section 16C.08 does not apply to this section.
Sec. 18.
Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to
read:
Subdivision 1.
Best value selection for
design-build contracts.
Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law
to the contrary, the commissioner may solicit and award a design-build contract
for a project on the basis of a best value selection process. Section 16C.08 does not apply to
design-build contracts to which the commissioner is a party.
Sec. 19.
Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to
read:
Subd. 4. Effects on other law of public contract
with commissioner. Whenever the
road authority of any city enters into an agreement with the commissioner
pursuant to this section, and a portion of the cost is to be assessed against
benefited property, the letting of a public contract by the commissioner for
the work shall be deemed to comply with statutory or charter provisions
requiring the city (1) to advertise for bids before awarding a contract for a
public improvement, (2) to let the contract to the lowest responsible bidder
or to the vendor or contractor offering the best value, and (3) to require
a performance bond to be filed by the contractor before undertaking the
work. The contract so let by the
commissioner and the performance bond required of the contractor by the
commissioner shall be considered to be the contract and bond of the city for
the purposes of complying with the requirements of any applicable law or
charter provision, and the bond shall inure to the benefit of the city and
operate for their protection to the same extent as though they were parties
thereto.
Sec. 20. Minnesota Statutes 2006, section 365.37, is
amended by adding a subdivision to read:
Subd. 2a. Best value alternative. As an alternative to the procurement
method described in subdivision 2, a contract for construction, building,
alteration, improvement, or repair work may be awarded to the vendor or
contractor offering the best value under a request for proposals as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 21.
Minnesota Statutes 2006, section 374.13, is amended to read:
374.13 TO
ADVERTISE FOR BIDS.
Subdivision 1. Bidding process. When the plans and specifications are
completed and approved by the city council and the county board, the commission
shall, after notice appropriate to inform possible bidders, obtain bids or
proposals for all or any portion of the work or materials, or both, to be done,
performed, or furnished in the construction of the building. All bids or proposals shall be sealed by the
bidders or proposers and filed with the commission at or before the time
specified for the opening of bids or proposals. At the time and place specified for the opening of bids or
proposals, the commission shall meet, open the bids or proposals, tabulate
them, and award the contract or contracts to the responsible bidder whose bid
or proposal is the most favorable to the city or county, or reject all bids and
proposals. If all bids or proposals are
rejected, the commission may, after similar notice, obtain more bids or
proposals or may modify or change the plans and specifications and submit the
modified plans and specifications to the city council and the county board for
approval. When the modified or changed
plans and specifications are satisfactory to both the city council and the
county board, the plans and specifications shall be returned to the commission
and the commission shall proceed again, after similar notice, to obtain bids or
proposals. Any contract awarded by the
commission shall be subject to approval by the city council and the county
board.
Subd. 2. Best value alternative. As an alternative to the procurement
method described in subdivision 1, the commission may issue a request for
proposals and award the contract to the vendor or contractor offering the best
value as described in section 16C.28, subdivision 1, paragraph (a), clause (2),
and paragraph (c).
Sec. 22.
Minnesota Statutes 2006, section 375.21, is amended by adding a
subdivision to read:
Subd. 1b. Best value alternative. As an alternative to the procurement
method described in subdivision 1, a county board may award a contract for
construction, building, alteration, improvement, or repair work to the vendor
or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 23.
Minnesota Statutes 2006, section 383C.094, is amended by adding a
subdivision to read:
Subd. 1a. Contracts in excess of $500; best value
alternative. As an
alternative to the procurement method described in subdivision 1, the contract
may be awarded to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Sec. 24.
Minnesota Statutes 2006, section 412.311, is amended to read:
412.311
CONTRACTS.
Subdivision 1. Lowest responsible
bidder. Except as provided in
sections 471.87 to 471.89, no member of a council shall be directly or
indirectly interested in any contract made by the council. Whenever the amount of a contract for the
purchase of merchandise, materials or equipment or for any kind of construction
work undertaken by the city is estimated to exceed the amount specified by
section 471.345, subdivision 3, the contract shall be let to the lowest
responsible bidder, after notice has been published once in the official
newspaper at least ten days in advance of the last day for the submission of
bids. If the amount of the contract
exceeds $1,000, it shall be entered into only after compliance with section
471.345.
Subd. 2.
Sec. 25.
Minnesota Statutes 2006, section 429.041, is amended by adding a
subdivision to read:
Subd. 2a. Best value alternative. As an alternative to the procurement
method described in subdivision 2, the council may issue a request for
proposals and award the contract to the vendor or contractor offering the best
value as described in section 16C.28, subdivision 1, paragraph (a), clause (2),
and paragraph (c).
Sec. 26.
Minnesota Statutes 2006, section 458D.21, is amended by adding a subdivision
to read:
Subd. 2a. Contracts in excess of $5,000; best
value alternative. As an
alternative to the procurement method described in subdivision 2, the board may
issue a request for proposals and award the contract to the vendor or
contractor offering the best value as described in section 16C.28, subdivision
1, paragraph (a), clause (2), and paragraph (c).
Sec. 27.
Minnesota Statutes 2006, section 469.015, is amended by adding a
subdivision to read:
Subd. 1a. Best value alternative. As an alternative to the procurement
method described in subdivision 1, the authority may issue a request for
proposals and award the contract to the vendor or contractor offering the best
value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 28.
Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to
read:
Subdivision 1.
Contracts; bids; bonds. All construction work and every purchase of
equipment, supplies, or materials necessary in carrying out the purposes of
sections 469.048 to 469.068, that involve the expenditure of $1,000 or more,
shall be awarded by contract as provided in this subdivision or in
subdivision 1a. Before receiving
bids under sections 469.048 to 469.068, the authority shall publish, once a
week for two consecutive weeks in the official newspaper of the port's city, a
notice that bids will be received for the construction work, or purchase of
equipment, supplies, or materials. The
notice shall state the nature of the work, and the terms and conditions upon
which the contract is to be let and name a time and place where the bids will
be received, opened, and read publicly, which time shall be not less than seven
days after the date of the last publication.
After the bids have been received, opened, read publicly, and recorded,
the commissioners shall award the contract to the lowest responsible bidder,
reserving the right to reject any or all bids.
The contract shall be executed in writing and the person to whom the
contract is awarded shall give sufficient bond to the board for its faithful
performance. If no satisfactory bid is
received, the port authority may readvertise, or, by an affirmative vote of two
of its commissioners in the case of a three-member commission, or five of its
members in the case of a seven-member commission, may authorize the authority
to perform any part or parts of any construction work by day labor under
conditions it prescribes. The
commissioners may establish reasonable qualifications to determine the fitness
and responsibility of bidders, and require bidders to meet the qualifications
before bids are accepted. If the
commissioners by a two-thirds or five-sevenths vote declare that an emergency
exists requiring the immediate purchase of any equipment or material or
supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, or
making of emergency repairs, it shall not be necessary to advertise for bids,
but the material, equipment, or supplies may be purchased in the open market at
the lowest price obtainable, or the emergency repairs may be contracted for or
performed without securing formal competitive bids. An emergency, for purposes of this section, is unforeseen
circumstances or conditions which result in the jeopardizing of human life or
property.
In
all contracts involving the employment of labor, the commissioners shall
stipulate conditions they deem reasonable, as to the hours of labor and wages
and may stipulate as to the residence of employees to be employed by the
contractors.
Bonds shall be required from contractors for any
works of construction as provided in and subject to all the provisions of
sections 574.26 to 574.31.
Sec. 29.
Minnesota Statutes 2006, section 469.068, is amended by adding a
subdivision to read:
Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
method described in subdivision 1, a contract may be awarded to the vendor or
contractor offering the best value under a request for proposals as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 30.
Minnesota Statutes 2006, section 469.101, is amended by adding a
subdivision to read:
Subd. 5a. Construction contracts. For all contracts for construction,
alteration, repair, or maintenance work, the authority may award contracts to
the vendor offering the best value, and "best value" shall be defined
and applied as set forth in sections 16C.02, subdivision 4a, and 16C.28,
subdivision 1, paragraph (a), clause (2), and paragraph (c). Alternatively, the authority may award all
contracts for construction, alteration, repair, or maintenance work to the
lowest responsible bidder, reserving the right to reject any or all bids.
Sec. 31.
Minnesota Statutes 2006, section 471.345, is amended by adding a
subdivision to read:
Subd. 3a. Contracts over $50,000; best value
alternative. As an
alternative to the procurement method described in subdivision 3,
municipalities may award a contract for construction, alteration, repair, or
maintenance work to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Sec. 32.
Minnesota Statutes 2006, section 471.345, is amended by adding a
subdivision to read:
Subd. 4a. Contracts from $10,000 to $50,000; best
value alternative. As an
alternative to the procurement method described in subdivision 4,
municipalities may award a contract for construction, alteration, repair, or
maintenance work to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Sec. 33.
Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to
read:
Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
to be $10,000 or less, the contract may be made either upon quotation or in the
open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far
as practicable, on at least two quotations which shall be kept on file for a
period of at least one year after their receipt. Alternatively, municipalities may award a contract for
construction, alteration, repair, or maintenance work to the vendor or
contractor offering the best value under a request for proposals as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 34.
Minnesota Statutes 2006, section 473.523, is amended by adding a
subdivision to read:
Subd. 1a. Contracts over $50,000; best value
alternative. As an
alternative to the procurement method described in subdivision 1, the council
may issue a request for proposals and award the contract to the vendor or
contractor offering the best value under a request for proposals as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec.
35. Minnesota Statutes 2006, section
473.756, subdivision 12, is amended to read:
Subd. 12. Contracts. The authority may enter into a development agreement with the
team, the county, or any other entity relating to the construction, financing,
and use of the ballpark and related facilities and public infrastructure. The authority may contract for materials,
supplies, and equipment in accordance with sections 471.345 and 473.754, except
that the authority, with the consent of the county, may employ or contract with
persons, firms, or corporations to perform one or more or all of the functions
of architect, engineer, or construction manager with respect to all or any part
of the ballpark and public infrastructure.
Alternatively, at the request of the team and with the consent of the
county, the authority shall authorize the team to provide for the design and
construction of the ballpark and related public infrastructure, subject to
terms of Laws 2006, chapter 257. The
construction manager may enter into contracts with contractors for labor,
materials, supplies, and equipment for the construction of the ballpark and
related public infrastructure through the process of public bidding, except
that the construction manager may, with the consent of the authority or the
team:
(1) narrow the listing of eligible bidders to those
which the construction manager determines to possess sufficient expertise to
perform the intended functions;
(2) award contracts to the contractors that the
construction manager determines provide the best value under a request for
proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
(2), and paragraph (c), which are not required to be the lowest responsible
bidder; and
(3) for work the construction manager determines to
be critical to the completion schedule, award contracts on the basis of
competitive proposals or perform work with its own forces without soliciting
competitive bids if the construction manager provides evidence of competitive
pricing.
The authority shall require
that the construction manager certify, before the contract is signed, a fixed
and stipulated construction price and completion date to the authority and post
a performance bond in an amount at least equal to 100 percent of the certified
price, to cover any costs which may be incurred in excess of the certified
price, including but not limited to costs incurred by the authority or loss of
revenues resulting from incomplete construction on the completion date. The authority may secure surety bonds as provided
in section 574.26, securing payment of just claims in connection with all
public work undertaken by it. Persons
entitled to the protection of the bonds may enforce them as provided in
sections 574.28 to 574.32, and shall not be entitled to a lien on any property
of the authority under the provisions of sections 514.01 to 514.16. Contracts for construction and operation of
the ballpark must include programs, including Youthbuild, to provide for
participation by small local businesses and businesses owned by people of
color, and the inclusion of women and people of color in the workforces of
contractors and ballpark operators. The
construction of the ballpark is a "project" as that term is defined
in section 177.42, subdivision 2, and is subject to the prevailing wage law
under sections 177.41 to 177.43.
ARTICLE 4
ELECTIONS
Section 1.
Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to
read:
Subd. 1a. Violations; penalty. (a) The county auditor shall mail a
violation notice to any voter who the county auditor can determine has voted in
a precinct other than the precinct in using an address at which the
voter maintains does not maintain residence on election day. The notice must be in the form provided by
the secretary of state. The county
auditor shall also change the status of the voter in the statewide registration
system to "challenged" and the voter shall be required to provide
proof of residence to either the county auditor or to the election judges in
the voter's precinct before voting in the next election. Any of the forms authorized by section
201.061 for registration at the polling place may be used for this purpose.
(b)
A voter who votes in a precinct other than the precinct in which the voter
maintains residence after receiving an initial violation notice as provided in
this subdivision is guilty of a petty misdemeanor.
(c) A voter who votes in a precinct other than the
precinct in which the voter maintains residence after having been found to have
committed a petty misdemeanor under paragraph (b) is guilty of a misdemeanor.
(d) Reliance by the voter on inaccurate information
regarding the location of the voter's polling place provided by the state,
county, or municipality is an affirmative defense to a prosecution under this
subdivision.
Sec. 2.
Minnesota Statutes 2006, section 201.056, is amended to read:
201.056
SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable to write the
individual's name shall be required to sign a registration card by making
the individual's mark application in the manner provided by section
645.44, subdivision 14. If the
individual registers in person and signs by making a mark, the clerk or
election judge accepting the registration shall certify the mark by signing the
individual's name. If the individual
registers by mail and signs by making a mark, the mark shall be
certified by having a voter registered in the individual's precinct sign the
individual's name and the voter's own name and give the voter's own address.
Sec. 3.
Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to
read:
Subdivision 1.
Prior to election day. At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or
any individual who will be an eligible voter at the time of the next election
may register to vote in the precinct in which the voter maintains residence by
completing a paper voter registration application as described in
section 201.071, subdivision 1, and submitting it in person or by mail to the
county auditor of that county or to the Secretary of State's Office. The secretary of state may maintain a Web
site function that enables an individual who has a Minnesota driver's license,
identification card, or learner's permit to register online. A registration that is received no later
than 5:00 p.m. on the 21st day preceding any election shall be accepted. An improperly addressed or delivered
registration application shall be forwarded within two working days after
receipt to the county auditor of the county where the voter maintains
residence. A state or local agency or
an individual that accepts completed voter registration applications from a
voter must submit the completed applications to the secretary of state or the
appropriate county auditor within ten business days after the
applications are dated by the voter.
For purposes of this section, mail registration is
defined as a voter registration application delivered to the secretary of
state, county auditor, or municipal clerk by the United States Postal Service
or a commercial carrier.
Sec. 4.
Minnesota Statutes 2006, section 201.061, is amended by adding a
subdivision to read:
Subd. 1b. Prohibited methods of compensation;
penalty. (a) No individual
may be compensated for the solicitation, collection, or acceptance of voter
registration applications from voters for submission to the secretary of state,
a county auditor, or other local election official in a manner in which payment
is calculated by multiplying (1) either a set or variable payment rate, by (2)
the number of voter registration applications solicited, collected, or
accepted.
(b) No individual may be deprived of
compensation or have compensation automatically reduced exclusively for failure
to solicit, collect, or accept a minimum number of voter registration
applications and no individual may receive additional compensation for reaching
or exceeding a minimum number of voter registration applications.
(c) A person who violates this subdivision is
guilty of a petty misdemeanor.
Sec.
5. Minnesota Statutes 2006, section
201.061, subdivision 3, is amended to read:
Subd. 3. Election day registration. (a) The definitions in this paragraph
apply to this subdivision:
(1) "current utility bill" means a
utility bill dated within 30 days before the election day or due within 30 days
before or after the election;
(2) "photo identification" means
identification that displays the name and photo of an individual and that was
issued by:
(i) another state for use as a driver's
license or identification card;
(ii) a Minnesota college, university, or
other postsecondary educational institution or high school as a student
identification card; or
(iii) a tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the
Interior;
(3) "residential facility" means
transitional housing as defined in section 256E.33, subdivision 1; a supervised
living facility licensed by the commissioner of health under section 144.50,
subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a
residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to
provide a residential program as defined in section 245A.02, subdivision 14; a
residential facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group residential
housing as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; or a supervised publicly or
privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless; and
(4) "utility bill" means a written
or electronic bill for gas, electricity, telephone, wireless telephone, cable
television, satellite television, solid waste, water, sewer services, or an
itemized rent statement.
(b) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration
application, making an oath in the form prescribed by the secretary of state
and providing proof of residence. An
individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota
identification card issued pursuant to section 171.07;
(2) presenting:
(i) a photo identification; and
(ii) a current utility bill or lease, showing
the individual's name and valid residential address in the precinct;
(3) presenting an identification card issued
by the tribal government of a tribe recognized by the Bureau of Indian Affairs,
United States Department of the Interior, that contains the name, address,
signature, and picture of the individual;
(2) (4) presenting any document approved by the secretary
of state as proper identification;
(3) (5) presenting one of the
following:
(i) a current valid student identification card from
a postsecondary educational institution in Minnesota, if a list of students
from that institution has been prepared under section 135A.17 and certified to
the county auditor in the manner provided in rules of the secretary of state;
or
(ii) a current student fee statement that contains
the student's valid address in the precinct together with a picture
photo identification card; or
(4) (6)(i) having a voter who is registered to vote in the
precinct, or who is an employee employed by and working in a residential
facility in the precinct and vouching for a resident in the facility, sign an
oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election
day may not sign a proof of residence oath vouching for any other individual on
that election day. A voter who is
registered to vote in the precinct may sign up to 15 proof-of-residence oaths
on any election day. This limitation
does not apply to an employee of a residential facility described in this
clause.
(ii) The secretary of state shall provide a form for
election judges to use in recording the number of individuals for whom a voter
signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals
for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a
statement that the voter is registered to vote in the precinct, personally
knows that the individual is a resident of the precinct, and is making the
statement on oath. The form must include
a space for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota
Rules, part 8200.9939, must be attached to the voter registration application and
the information on the oath must be recorded on the records of both the voter
registering on election day and the voter who is vouching for the person's
residence, and entered into the statewide voter registration system by the
county auditor when the voter registration application is entered into that
system.
(b) The operator of a residential facility
shall prepare a list of the names of its employees currently working in the
residential facility and the address of the residential facility. The operator shall certify the list and
provide it to the appropriate county auditor no less than 20 days before each
election for use in election day registration.
(c) "Residential facility" means
transitional housing as defined in section 256E.33, subdivision 1; a supervised
living facility licensed by the commissioner of health under section 144.50,
subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a
residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to
provide a residential program as defined in section 245A.02, subdivision 14; a
residential facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group residential
housing as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; or a supervised publicly or
privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual
may prove residence for purposes of registering by:
(1) presenting an identification card issued
by the tribal government of a tribe recognized by the Bureau of Indian Affairs,
United States Department of the Interior, that contains the name, address,
signature, and picture of the individual; or
(2) presenting an
identification card issued by the tribal government of a tribe recognized by
the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting
one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item
B.
(c) An employee of a residential facility
must prove employment with that facility by presenting a current identification
card issued by the facility or other official documentation verifying the
employee's current status with the facility on election day to be eligible to
vouch for individuals residing in that facility.
(e) (d) A county, school district, or municipality may
require that an election judge responsible for election day registration
initial each completed registration application.
EFFECTIVE
DATE. This section is effective September 1,
2007.
Sec. 6.
Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to
read:
Subdivision 1.
Form. A voter registration application must be
of suitable size and weight for mailing and contain spaces for the
following required information: voter's
first name, middle name, and last name; voter's previous name, if any; voter's
current address; voter's previous address, if any; voter's date of birth;
voter's municipality and county of residence; voter's telephone number, if
provided by the voter; date of registration; current and valid Minnesota
driver's license number or Minnesota state identification number, or if the
voter has no current and valid Minnesota driver's license or Minnesota state
identification, and the last four digits of the voter's Social Security
number; and voter's signature.
The registration application may include the voter's e-mail address, if
provided by the voter, and the voter's interest in serving as an election
judge, if indicated by the voter. The
application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days
immediately preceding election day;
(4) maintain residence at the address given on the
registration form;
(5) am not under court-ordered guardianship in which
the court order revokes my right to vote;
(6) have not been found by a court to be legally
incompetent to vote;
(7) have the right to vote because, if I have been
convicted of a felony, my felony sentence has expired (been completed) or I
have been discharged from my sentence; and
(8) have read and understand the following
statement: that giving false
information is a felony punishable by not more than five years imprisonment or
a fine of not more than $10,000, or both."
The certification must include boxes for the voter
to respond to the following questions:
"(1) Are you a citizen of the United
States?" and
"(2) Will you be 18 years old on or before
election day?"
And the instruction:
"If you checked 'no' to either of these
questions, do not complete this form."
The form of the voter registration application and
the certification of voter eligibility must be as provided in this subdivision
and approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration
Act must also be accepted as valid. The
federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration
application to apply to register to vote in Minnesota or to change information
on an existing registration.
A paper voter registration application must
include space for the voter's signature and be of suitable size and weight for
mailing.
Sec. 7.
Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to
read:
Subd. 9. Restricted data. A list provided for public inspection or
purchase, for jury selection, or in response to a law enforcement inquiry, must
not include a voter's date of birth or any part of a voter's Social Security
number, driver's license number, or identification card number,
military identification card number, or passport number.
Sec. 8.
Minnesota Statutes 2006, section 201.12, is amended to read:
201.12 PROPER
REGISTRATION; VERIFICATION BY MAIL; CHALLENGES.
Subdivision 1.
Notice of registration. To prevent fraudulent voting and to
eliminate excess names, the county auditor may mail to any registered voter a
notice stating the voter's name and address as they appear in the registration
files. The notice shall request the
voter to notify the county auditor if there is any mistake in the information.
Subd. 2. Challenges Moved within state. If the notice is returned as
undeliverable but with a permanent forwarding address in this state, the county
auditor shall notify the auditor of the county where the voter resides. Upon receipt of the notice, the county
auditor shall update the voter's address in the statewide voter registration
system and mail to the voter the notice of registration required by section
201.121, subdivision 2. The notice must
advise the voter that the voter's voting address has been changed and that the
voter must notify the county auditor within 21 days if the new address is not
what the voter intended to be their permanent address.
Subd. 3. Moved out of state. If the notice is returned as
undeliverable but with a permanent forwarding address outside this state, the
county auditor shall promptly mail to the voter at the forwarding address a
notice advising the voter that the voter's voter registration in this state will
be deleted unless the voter notifies the county auditor within 21 days that the
voter intends to retain the former address as the voter's permanent
address. If the notice is not received
by the deadline, the county auditor shall change the voter's status to
"inactive" in the statewide registration system.
Subd. 4. Challenges. registration system. An individual challenged in accordance with
this subdivision shall comply with the provisions of section 204C.12, before
being allowed to vote. If a notice
mailed at least 60 days after the return of the first nonforwardable mailing is
also returned by the postal service, the county auditor shall change the
registrant's status to "inactive" in the statewide registration
system. Upon return of any nonforwardable mailing
from an election official, the county auditor or the auditor's staff shall
ascertain the name and address of that individual. If the individual is no longer at the address recorded in the
statewide registration system If the notice is returned as undeliverable
but with no forwarding address, the county auditor shall change the
registrant's status to "challenged" in the statewide
EFFECTIVE
DATE. This section is effective August 1, 2007.
Sec. 9.
Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to
read:
Subd. 3. Use of change of address system. The county auditor may delete the records
in the statewide registration system of voters whose change of address can be
confirmed by the United States Postal Service.
The secretary of state may provide the county auditors with periodic
reports on voters whose change of address can be confirmed by the United States
Postal Service.
(a) At least once each month the secretary of
state shall obtain a list of individuals in this state who have filed with the
United States Postal Service a change of their permanent address. If an individual is registered as a voter in
the statewide voter registration system and the change is to another address in
this state, the secretary of state shall transmit the registration by
electronic means to the county auditor of the county where the voter
resides. Upon receipt of the
registration, the county auditor shall update the voter's address in the
statewide voter registration system and mail to the voter the notice of
registration required by section 201.121, subdivision 2. The notice must advise the voter that the
voter's permanent address has been changed and that the voter must notify the
county auditor within 21 days if the new address is not what the voter intended
to be the voter's permanent address.
(b) If the change of permanent address is to
a forwarding address outside this state, the secretary of state shall notify by
electronic means the auditor of the county where the voter formerly resided
that the voter has left the state. The
county auditor shall promptly mail to the voter at the forwarding address a
notice advising the voter that the voter's voter registration in this state
will be deleted unless the voter notifies the county auditor within 21 days
that the voter intends to retain the former address as the voter's permanent
address. If the notice is not received
by the deadline, the county auditor shall change the voter's status to
"inactive" in the statewide registration system.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 10.
Minnesota Statutes 2006, section 201.161, is amended to read:
201.161 AUTOMATIC
REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND
IDENTIFICATION CARD APPLICATIONS APPLICANTS.
Subdivision 1. Automatic registration. An individual who properly completes an
application for a new or renewed Minnesota driver's license, instruction
permit, or identification card, and who is eligible to vote under section
201.014, must be registered to vote as provided in this section, unless the
applicant declines to be registered.
Subd. 2. Applications. The Department commissioner of
public safety, in consultation with the secretary of state, shall change
its the applications for an original, duplicate, or change of
address driver's license, instruction permit, or identification card so
that the forms may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the
secretary of state and a box for the applicant to decline to be registered
to vote. Applicants for driver's
licenses or identification cards must be asked if they want to register to vote
at the same time and that Unless
the applicant has declined to be registered to vote, the commissioner shall
transmit the information must be transmitted at least weekly daily
by electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, Public Law
107-252, the computerized driver's license record containing the voter's name,
address, date of birth, citizenship, driver's license number or state
identification number, county, town, and city or town, and signature
must be made available for access by the secretary of state and interaction
with the statewide voter registration system.
Subd. 3.
(b) If the applicant is not currently
registered in the statewide voter registration system, the secretary of state
shall determine whether the applicant is 18 years of age or older and a citizen
of the United States and compare the voter registration information received
from the commissioner of public safety with the information on wards,
incompetents, and felons received from the state court administrator under
sections 201.15 and 201.155, to determine whether the applicant is eligible to
vote. If an applicant is less than 18
years of age, the secretary of state shall wait until the applicant has turned
18 years of age to determine whether the applicant is eligible to vote. For each applicant the secretary of state
determines is an eligible voter, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
Subd. 4. Notice. Upon receipt of the registration, the
county auditor shall mail to the voter the notice of registration required by
section 201.121, subdivision 2.
Subd. 5. Registrations dated 20 days or less
before election. An
application for registration that is dated during the 20 days before an
election in any jurisdiction within which the voter resides is not effective
until the day after the election.
EFFECTIVE
DATE. An applicant for a Minnesota driver's
license, instruction permit, or identification card must not be registered to
vote under this section until the secretary of state has certified that the
system for automatic registration of those applicants has been tested and shown
to properly determine whether an applicant is eligible to vote.
Sec. 11.
Minnesota Statutes 2006, section 201.171, is amended to read:
201.171
POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.
Within six weeks after every election, the county
auditor shall post the voting history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the
preceding four six years.
The secretary of state shall perform list maintenance by changing the
status of those registrants to "inactive" in the statewide
registration system. The list
maintenance performed must be conducted in a manner that ensures that the name
of each registered voter appears in the official list of eligible voters in the
statewide registration system. A voter
must not be removed from the official list of eligible voters unless the voter
is not eligible or is not registered to vote.
List maintenance must include procedures for eliminating duplicate names
from the official list of eligible voters.
The secretary of state shall also prepare a report
to the county auditor containing the names of all registrants whose status was
changed to "inactive."
Registrants whose status was changed to
"inactive" must register in the manner specified in section 201.054
before voting in any primary, special primary, general, school district, or
special election, as required by section 201.018.
Although not counted in an election, a late or
rejected absentee or mail ballot must be considered a vote for the
purpose of continuing registration.
Sec.
12. Minnesota Statutes 2006, section
203B.02, subdivision 1, is amended to read:
Subdivision 1.
Unable to go to polling place
Eligibility for absentee voting.
(a) Any eligible voter who reasonably expects to be unable to
go to the polling place on election day in the precinct where the individual
maintains residence because of absence from the precinct; illness, including
isolation or quarantine under sections 144.419 to 144.4196 or United States
Code, title 42, sections 264 to 272; disability; religious discipline;
observance of a religious holiday; or service as an election judge in another
precinct may vote by absentee ballot as provided in sections 203B.04 to
203B.15.
(b) If the governor has declared an emergency
and filed the declaration with the secretary of state under section 12.31, and
the declaration states that the emergency has made it difficult for voters to
go to the polling place on election day, any voter in a precinct covered by the
declaration may vote by absentee ballot as provided in sections 203B.04 to
203B.15.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 13.
Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to
read:
Subdivision 1.
Application procedures. Except as otherwise allowed by subdivision
2, an application for absentee ballots for any election may be submitted at any
time not less than one day before the day of that election. The county auditor shall prepare absentee ballot
application forms in the format provided by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to any
person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used
available to auditors through electronic means. An application submitted pursuant to this subdivision shall be in
writing and shall be submitted to:
(a) (1) the county auditor of the county where
the applicant maintains residence; or
(b) (2) the municipal clerk of the municipality,
or school district if applicable, where the applicant maintains residence.
An application shall be approved if it is timely
received, signed and dated by the applicant, contains the applicant's name and
residence and mailing addresses, and states that the applicant is eligible to
vote by absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for
the voter's date of birth, which must not be made available for public
inspection. An application may be submitted
to the county auditor or municipal clerk by an electronic facsimile
device. An application mailed or
returned in person to the county auditor or municipal clerk on behalf of a
voter by a person other than the voter must be deposited in the mail or
returned in person to the county auditor or municipal clerk within ten days
after it has been dated by the voter and no later than six days before the
election. The absentee ballot
applications or a list of persons applying for an absentee ballot may not be
made available for public inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 14.
Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to
read:
Subd. 6. Ongoing absentee status; termination;
rules. (a) An eligible voter
may apply to a county auditor or municipal clerk for status as an ongoing
absentee voter request
is received by the county auditor or municipal clerk at least five days before
the deadline in section 204B.35 for delivering ballots for the election to
which it applies. Each applicant
must automatically be provided with an absentee ballot who reasonably expects to meet the requirements of section
203B.02, subdivision 1. The
voter may decline to receive an absentee ballot for one or more elections,
provided the application for
each ensuing election, other than an election by mail conducted under
section 204B.45, or as otherwise requested by the voter, and must have
the status of ongoing absentee voter indicated on the voter's registration
record.
(b) Ongoing absentee voter status ends on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee ballot as
undeliverable;
(4) a change in the voter's status so that the voter
is not eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's registration on inactive
status under section 201.171.
(c) The secretary of state shall adopt rules
governing procedures under this subdivision.
EFFECTIVE
DATE. Paragraph (c) of this section is
effective the day following final enactment.
The remainder of this section is effective upon adoption of the rules
provided for in paragraph (c).
Sec. 15.
Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to
read:
Subd. 3. Delivery of ballots. (a) If an application for absentee ballots
is accepted at a time when absentee ballots are not yet available for
distribution, the county auditor, or municipal clerk accepting the application
shall file it and as soon as absentee ballots are available for distribution
shall mail them to the address specified in the application. If an application for absentee ballots is
accepted when absentee ballots are available for distribution, the county
auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature
appears on the application if the application is submitted by mail and does not
request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial
shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the
voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed
transmittal envelope to an agent who has been designated to bring the ballots,
as provided in section 203B.11, subdivision 4, to a voter who would have
difficulty getting to the polls because of health reasons, or who is disabled,
or who is a patient in a health care facility, as provided in section
203B.11, subdivision 4, a resident of a facility providing assisted
living services governed by chapter 144G, a participant in a residential
program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37,
subdivision 4.
(b) If an application does not indicate the election
for which absentee ballots are sought, the county auditor or municipal clerk
shall mail or deliver only the ballots for the next election occurring after
receipt of the application. Only one
set of ballots may be mailed, shipped, or delivered to an applicant for any
election, except as provided in section 203B.13, subdivision 2, or when a
replacement ballot has been requested by the voter for a ballot that has been
spoiled or lost in transit.
EFFECTIVE
DATE. This section is effective August 1, 2007.
Sec.
16. Minnesota Statutes 2006, section
203B.07, subdivision 2, is amended to read:
Subd. 2. Design of envelopes. The return envelope shall be of sufficient
size to conveniently enclose and contain the ballot envelope and a voter
registration card application folded along its perforations. The return envelope shall be designed to
open on the left-hand end. Notwithstanding
any rule to the contrary, the return envelope must be designed in one of the
following ways:
(1) it must be of sufficient size to contain
an additional envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap that
when sealed, conceals the signature, identification, and other
information. Election officials may
open the flap or the additional envelope at any time after receiving the
returned ballot to inspect the returned certificate for completeness or to
ascertain other information. A certificate of eligibility
to vote by absentee ballot shall be printed on the back of the envelope. The certificate shall contain a statement to
be signed and sworn by the voter indicating that the voter meets all of the
requirements established by law for voting by absentee ballot. If the voter was not previously registered,
the certificate shall also contain a statement signed by a person who is
registered to vote in Minnesota or by a notary public or other individual
authorized to administer oaths stating that:
(a) (1) the ballots were displayed to that individual
unmarked;
(b) (2) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter was physically
unable to mark them, that the voter directed another individual to mark them;
and
(c) if the voter was not previously
registered,
(3) the
voter has provided proof of residence as required by section 201.061,
subdivision 3.
The county auditor or municipal clerk shall affix
first class postage to the return envelopes.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 17.
Minnesota Statutes 2006, section 203B.081, is amended to read:
203B.081
LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote by absentee ballot during
the 30 days before the election in the office of the county auditor and at any
other polling place designated by the county auditor. The county auditor shall make such designations at least 90 days
before the election. At least one
voting booth and at least one electronic ballot marker in each polling
place must be made available by the county auditor for this purpose.
Sec. 18.
Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to
read:
Subd. 4. Agent delivery of ballots. During the the
ballots were delivered to the voter by the agent in the sealed transmittal
envelope. An agent may deliver ballots
to no more than three persons in any election.
The secretary of state shall provide samples of the affidavit and
transmission envelope for use by the county auditors.four seven days
preceding an election and until 2:00 p.m. on election day, an eligible voter
who is would have difficulty getting to the polls because of health
reasons, or who is disabled, a patient of a health care facility, a
resident of a facility providing assisted living services governed by chapter
144G, a participant in a residential program for adults licensed under
section 245A.02, subdivision 14, or a resident of a shelter for battered women
as defined in section 611A.37, subdivision 4, may designate an agent to deliver
the ballots to the voter from the county auditor or municipal clerk. A candidate at the election may not be
designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than
3:00 p.m. on election day. The voter
must complete an affidavit requesting the auditor or clerk to provide the agent
with the ballots in a sealed transmittal envelope. The affidavit must include a statement from the voter stating
that
EFFECTIVE
DATE. This section is effective August 1, 2007.
Sec. 19.
Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to
read:
Subd. 4. Placement in container; opening and
counting of ballots. The ballot
envelopes from return envelopes marked "Accepted" shall be placed by
the election judges in a separate absentee ballot container. The container and each ballot envelope may
be opened only after the last regular mail delivery by the United States
postal service noon on election day. The ballots shall then be initialed by the election judges in the
same manner as ballots delivered by them to voters in person and shall be
deposited in the appropriate ballot box.
If more than one ballot of any kind is enclosed in
the ballot envelope, none of the ballots of that kind shall be counted but all
ballots of that kind shall be returned in the manner provided by section
204C.25 for return of spoiled ballots.
Sec. 20.
Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to
read:
Subdivision 1.
Establishment. The governing body of any county that has
established a counting center as provided in section 206.85, subdivision 2,
any municipality, or any school district may by ordinance or resolution,
authorize an absentee ballot board. The
board shall consist of a sufficient number of election judges appointed as
provided in sections 204B.19 to 204B.22.
Sec. 21.
Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to
read:
Subd. 2. Duties. The absentee ballot board may do any of the following:
(a) receive from each precinct in the
municipality or school district all ballot envelopes marked
"Accepted" by the election judges; provided that the governing body
of a municipality or the school board of a school district may authorize the
board to
examine all return absentee ballot envelopes and receive accept or
reject absentee ballots in the manner provided in section 203B.12;.
(b) open and count the absentee ballots,
tabulating the vote in a manner that indicates each vote of the absentee voter
and the total absentee vote cast for each candidate or question in each
precinct; or
(c) report the vote totals tabulated for each
precinct.
The absentee ballot board may begin the process of
examining the return envelopes and marking them "accepted" or
"rejected" at any time during the 30 days before the election. If an envelope has been rejected at least
five days before the election, the ballots in the envelope must be considered
spoiled ballots and the official in charge of the absentee ballot board shall
provide the voter with a replacement absentee ballot and return envelope in
place of the spoiled ballot. The
secretary of state shall provide samples of the replacement ballot and return
envelope for use by the county auditor.
Sec. 22.
Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to
read:
Subd. 2. Permanent residence outside United States. Sections 203B.16 to 203B.27 provide the
exclusive voting procedure for United States citizens who are living
permanently outside the territorial limits of the United States who meet all
the qualifications of an eligible voter except residence in Minnesota, but who
are authorized by federal law to vote in
Minnesota because they maintained residence in Minnesota for at least 20 days
immediately prior to their departure from the United States or because,
although they have never resided in the United States, their parent maintained
residence in Minnesota for at least 20 days immediately before their parent
departed from the United States.
Individuals described in this subdivision shall be permitted to vote
only for the offices of president, vice-president, senator in Congress, and
representative in Congress.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 23.
Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to
read:
Subd. 2. Required information. An application shall be accepted if it
contains the following information stated under oath:
(a) the voter's name, birthdate, and present address
of residence in Minnesota, or former address of residence in Minnesota if the
voter is living permanently outside the United States;
(b) a statement indicating that the voter is in the
military, or is the spouse or dependent of an individual serving in the
military, or is temporarily outside the territorial limits of the United
States, or is living permanently outside the territorial limits of the United
States and voting under federal law;
(c) a statement that the voter expects to be absent
from the precinct at the time of the election;
(d) the address to which absentee ballots are to be
mailed;
(e) the voter's signature or the signature and
relationship of the individual authorized to apply on the voter's behalf; and
(f) the voter's military identification card number,
passport number, or, Minnesota driver's license or state
identification card number; if the voter does not have a valid passport
or identification card, the signed statement of an individual authorized to
administer oaths or a commissioned or noncommissioned officer of the military
not below the rank of sergeant or its equivalent, certifying that the voter or
other individual requesting absentee ballots has attested to the truthfulness
of the contents of the application under oath.
The oath taken must be the standard oath prescribed
by section 101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting
Act.
A form for providing this information shall
be prepared by each county auditor and shall be furnished to individuals who
request it pursuant to this section. access to any of these documents, the voter or
other individual requesting absentee ballots may attest to the truthfulness of
the contents of the application under penalty of perjury.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 24.
Minnesota Statutes 2006, section 203B.19, is amended to read:
203B.19
RECORDING APPLICATIONS.
Upon accepting an application, the county auditor
shall record in the statewide registration system the voter's name, address of
present or former residence in Minnesota, mailing address, school district
number, military identification card number, passport number, Minnesota
driver's license number or state identification card number, and whether
the voter is in the military or the spouse or dependent of an individual serving
in the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the United States and voting
under federal law. The county auditor
shall retain the record for six years.
A voter whose name is recorded as provided in this section shall not be
required to register under any other provision of law in order to vote under
sections 203B.16 to 203B.27. Persons
from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.
No later than 60 days after the general election,
the county auditor shall report to the secretary of state the combined number
of absentee ballots transmitted to absent voters described in section
203B.16. No later than 60 days after
the general election, the county auditor shall report to the secretary of state
the combined number of absentee ballots returned and cast by absent voters
described in section 203B.16. The
secretary of state may require the information be reported by category under
section 203B.16 or by precinct.
No later than 90 days after the general election,
the secretary of state shall report to the federal Election Assistance
Commission the number of absentee ballots transmitted to voters under section
203B.16.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 25.
Minnesota Statutes 2006, section 203B.20, is amended to read:
203B.20
CHALLENGES.
Except as provided in this section, the eligibility or
residence of a voter whose application for absentee ballots is recorded under
section 203B.19 may be challenged in the manner set forth by section
201.195. The county auditor or
municipal clerk shall not be required to serve a copy of the petition and notice
of hearing on the challenged voter. If
the absentee ballot application was submitted on behalf of a voter by an
individual authorized under section 203B.17, subdivision 1, paragraph (a), the
county auditor must attempt to notify the individual who submitted the
application of the challenge. The
county auditor may contact other registered voters to request information that
may resolve any discrepancies appearing in the application. All reasonable doubt shall be resolved in
favor of the validity of the application.
If the voter's challenge is affirmed, the county auditor shall provide
the challenged voter with a copy of the petition and the decision and shall
inform the voter of the right to appeal as provided in section 201.195.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 26.
Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to
read:
Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
ballot envelopes, and return envelopes shall be sent by first class mail to
addresses within the continental United States and by air mail to addresses
outside the continental United States, unless the voter requests to have the
ballots and related materials sent electronically under section 203B.225. The ballot envelope and return envelope
shall be marked "Official Ballot," and shall contain sufficient
postage to assure proper return delivery.
The return envelope shall be addressed to comply with any method for
return of absentee ballots as authorized under section 203B.08, subdivision 2.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 27.
Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to
read:
Subd. 3. Back of return envelope. On the back of the return envelope an
affidavit form a certificate shall appear with space for:
(a) (1) the voter's address of present or former
residence in Minnesota;
(2) the voter's current e-mail
address, if the voter has one;
(b) (3) a statement indicating the category
described in section 203B.16 to which the voter belongs;
(c) (4) a statement that the voter has not cast
and will not cast another absentee ballot in the same election or elections;
(d) (5) a statement that the voter personally
marked the ballots without showing them to anyone, or if physically unable to
mark them, that the voter directed another individual to mark them; and
(e) (6) the same voter's military
identification card number, passport number, or, Minnesota driver's
license or state identification card number as provided on the absentee ballot
application; if the voter does not have a valid passport or
identification card, the signature and certification of an individual
authorized to administer oaths under federal law or the law of the place where
the oath was administered or commissioned or noncommissioned personnel of the
military not below the rank of sergeant or its equivalent access to any
of these documents, the voter may attest to the truthfulness of the contents of
the certificate under penalty of perjury.
The affidavit certificate shall also
contain a signed and dated oath in the form required by section 705 of the Help
America Vote Act, Public Law 107-252, which must read:
"I swear or affirm, under penalty of perjury,
that:
I am a member of the uniformed services or merchant
marine on active duty or an eligible spouse or dependent of such a member; a
United States citizen temporarily residing outside the United States; or other
United States citizen residing outside the United States; and I am a United
States citizen, at least 18 years of age (or will be by the date of the
election), and I am eligible to vote in the requested jurisdiction; I have not
been convicted of a felony, or other disqualifying offense, or been adjudicated
mentally incompetent, or, if so, my voting rights have been reinstated; and I
am not registering, requesting a ballot, or voting in any other jurisdiction in
the United States except the jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot
in private and have not allowed any person to observe the marking of the
ballot, except for those authorized to assist voters under state or federal
law. I have not been influenced.
My signature and date below indicate when I
completed this document.
The information on this form is true, accurate, and
complete to the best of my knowledge. I
understand that a material misstatement of fact in completion of this document
may constitute grounds for a conviction for perjury."
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 28.
Minnesota Statutes 2006, section 203B.22, is amended to read:
203B.22
MAILING BALLOTS.
The county auditor shall mail the appropriate
ballots, as promptly as possible, to an absent voter whose application has been
recorded under section 203B.19. If the
county auditor determines that a voter is not eligible to vote at the primary
but will be eligible to vote at the general election, only general election
ballots shall be mailed. Only one set
of ballots shall be mailed to any applicant for any election, except that
the county auditor may mail a replacement ballot to a voter whose ballot has
been spoiled or lost in transit or whose mailing address has changed after the
date on which the original application was submitted as confirmed by the county
auditor. Ballots to be sent outside
the United States shall be given priority in mailing. A county auditor may make use of any special service provided by
the United States government for the mailing of voting materials under sections
203B.16 to 203B.27.
Sec. 29. [203B.225]
TRANSMITTING AND RETURNING BALLOTS.
Subdivision 1. Transmitting ballot and
certificate of voter eligibility.
A voter described in section 203B.16 may include in an application
for absentee ballots a request that the ballots, instructions, and a
certificate of voter eligibility meeting the requirements of section 203B.21,
subdivision 3, be transmitted to the voter electronically. Upon receipt of a properly completed
application requesting electronic transmission, the county auditor shall
electronically transmit the requested materials to the voter.
Subd. 2. Returning voted ballots. The voter must return the voted ballots
and the certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt of a ballot, the county auditor
must immediately compare the information provided on the absentee ballot
application with the information provided on the certificate of voter
eligibility. After the information on
the certificate of voter eligibility has been verified, the certificate must be
attached to the ballot secrecy envelope and placed with the other absentee
ballots for the precinct in which the voter resides.
Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that
the ballots were returned by the same person to whom the absentee ballot
application was transmitted, the ballots must be rejected and no votes on the
ballots may be counted.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 30. [203B.227] WRITE-IN ABSENTEE BALLOT.
An eligible voter who will be outside the
territorial limits of the United States during the 180 days prior to the state
general election may use a state write-in absentee ballot to vote in any
federal, state, or local election. In a
state or local election, a vote for a political party without specifying the
name of a candidate must not be counted.
Sec. 31.
Minnesota Statutes 2006, section 203B.23, is amended to read:
203B.23 APPLICATION
RECORDS; DELIVERY TO ELECTION JUDGES ABSENTEE BALLOT BOARD.
Subdivision 1. Establishment. When election materials are transmitted
to the municipal clerks as provided in section 204B.28, subdivision 2, the
county auditor shall also transmit a certified copy of the record of
applications compiled as provided in section 203B.19, for absentee ballots to
be cast at that election in that town, school district, or city. A certified copy of the record of additional
applications received by the county auditor after the ballots have been
delivered shall also be delivered to the appropriate municipal clerk. Each municipal clerk shall in turn deliver
to the election judges in the appropriate precincts the application records
received from the county auditor. The
county auditor must establish an absentee ballot board for ballots issued under
sections 203B.16 to 203B.27. The board
may consist of staff trained and certified as election judges, in which case,
the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating
to party balance in appointment of judges and to duties to be performed by
judges of different major political parties.
Subd. 2. Duties. The absentee ballot board must examine
all returned absentee ballot envelopes for ballots issued under sections
203B.16 to 203B.27 and accept or reject the absentee ballots in the manner
provided in section 203B.24.
The absentee ballot board must examine the
return envelopes and mark them "accepted" or "rejected"
during the 30 days before the election.
If an envelope has been rejected at least five days before the election,
the ballots in the envelope must be considered spoiled ballots and the official
in charge of the absentee ballot board must provide the voter with a
replacement absentee ballot and return envelope in place of the spoiled ballot.
Subd. 3.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 32.
Minnesota Statutes 2006, section 203B.24, is amended to read:
203B.24 DUTIES
OF ELECTION JUDGES.
Subdivision 1.
Check of voter eligibility;
proper execution of affidavit certificate. Upon receipt of an absentee ballot returned
as provided in sections 203B.16 to 203B.27, the election judges shall compare
the voter's name with the names appearing on their copy of the application
records recorded under section 203B.19 in the statewide registration
system to insure that the ballot is from a voter eligible to cast an
absentee ballot under sections 203B.16 to 203B.27. The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word
"Accepted" if the election judges are satisfied that:
(1) the voter's name on the return envelope appears
in substantially the same form as on the application records provided to the
election judges by the county auditor;
(2) the voter has signed the federal oath prescribed
pursuant to section 705(b)(2) of the Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the same voter's
military identification number or, passport number, or,
if those numbers do not appear, a person authorized to administer oaths under
federal law or the law of the place where the oath was administered or a
witness who is military personnel with a rank at or above the rank of sergeant
or its equivalent has signed the ballot Minnesota driver's license or
state identification card number as submitted on the application, if the voter
has one of these documents; and
(4) the voter has not already voted at that
election, either in person or by absentee ballot.
If the identification number described in
clause (3) does not match the number as submitted on the application, the
election judges must make a reasonable effort to satisfy themselves through
other information provided by the applicant, or by an individual authorized to
apply on behalf of the voter, that the ballots were returned by the same person
to whom the ballots were transmitted.
An absentee ballot case cast pursuant
to sections 203B.16 to 203B.27 may only be rejected for the lack of one of
clauses (1) to (4). In particular,
failure to place the ballot within the security envelope before placing it in
the outer white envelope is not a reason to reject an absentee ballot.
Election judges must note the reason for rejection
on the back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not
invalidate a marked ballot, but a ballot shall not be counted if the affidavit
certificate on the return envelope is not properly executed. In all other respects the provisions of the
Minnesota Election Law governing deposit and counting of ballots shall apply.
Subd. 2. application
has been recorded under section 203B.19 casts a ballot in person on election
day, no absentee ballot shall be counted for that voter. If more than one return envelope is received
from a voter whose application has been recorded under section 203B.19, the
ballots in the return envelope bearing the latest date shall be counted and the
uncounted ballots shall be returned by the election judges with the rejected
ballots. The election judges must
preserve the record and return it to the county auditor or municipal clerk with
the election day materials. Voting more than once Recording
accepted and rejected ballots.
The election judges shall compare the voter's name with the names appearing
on their copy of the application records to insure that the voter has not
already returned a ballot in the election recorded under section 203B.19
in the statewide registration system.
For each returned ballot, the election judges must indicate on
the record in the statewide registration system whether an the
absentee ballot was accepted for each applicant whose name appears on
the record or rejected. If
a voter whose
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 33.
Minnesota Statutes 2006, section 203B.25, is amended to read:
203B.25 DEATH
OF VOTER; INDIVIDUALS VOTING UNDER SPECIAL ABSENTEE ELECTION DAY PROCEDURES.
Subdivision 1. Death of voter. If the election judges receive proof that a
voter who has returned an absentee ballot as provided in sections 203B.16 to
203B.27 has died before the time when voting is scheduled to begin on election
day, the ballot of that voter shall be returned by the election judges with the
rejected ballots. Notwithstanding the
other provisions of this section, the counting of the absentee ballot of a
deceased voter shall not invalidate the election.
Subd. 2. Voting more than once. If a voter whose application has been
recorded under section 203B.19 casts a ballot in person on election day, an
absentee ballot from that voter must not be counted. If more than one return envelope is received from a voter whose
application has been recorded under section 203B.19, the ballots in the return
envelope bearing the latest date must be counted and the uncounted ballots must
be returned by the election judges with the rejected ballots.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 34.
Minnesota Statutes 2006, section 203B.26, is amended to read:
203B.26
SEPARATE RECORD.
A separate record of the ballots of absent voters
cast under sections 203B.16 to 203B.27 must be kept in generated from
the statewide registration system for each precinct and provided to the
election judges in the polling place on election day, along with the returned
envelopes marked "accepted" by the absentee ballot board. The content of the record must be in a form
prescribed by the secretary of state. The
election judges in the polling place must note on the record any envelopes that
had been marked "accepted" by the absentee ballot board but were not
counted. The election judges must
preserve the record and return it to the county auditor or municipal clerk with
the election day materials.
EFFECTIVE
DATE. This section is effective April 1, 2008.
Sec. 35. [203B.28] EMERGENCY POWERS.
(a) If the governor has declared an emergency
and filed the declaration with the secretary of state under section 12.31, or
if a natural disaster or armed conflict involving the United States Armed
Forces, or mobilization of those forces, including National Guard and reserve
components of this state, makes substantial compliance with the Uniformed and
Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary
of state may prescribe, by emergency orders, special procedures or requirements
necessary to facilitate absentee voting by those citizens directly affected who
otherwise are eligible to vote in this state.
(b)
The secretary of state shall adopt rules describing the emergency powers and
the situations in which the powers must be exercised.
EFFECTIVE
DATE. Paragraph (a) is effective upon adoption
of the rules provided for in paragraph (b).
Paragraph (b) is effective the day following final enactment.
Sec. 36.
Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to
read:
Subdivision 1.
Form of affidavit. An affidavit of candidacy shall state the
name of the office sought and, except as provided in subdivision 4, shall state
that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate
for any office at the same primary or next ensuing general election, except
that a candidate for soil and water conservation district supervisor in a
district not located in whole or in part in Anoka, Hennepin, Ramsey, or
Washington County, may also have on file an affidavit of candidacy for mayor or
council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation
district or for town supervisor in a town of not more than 2,500 population
contained in whole or in part in the soil and water conservation district; and
(3) is, or will be on assuming the office, 21 years
of age or more, and will have maintained residence in the district from which
the candidate seeks election for 30 days before the general election.
An affidavit of candidacy must include a statement
that the candidate's name as written on the affidavit for ballot designation is
the candidate's true name or the name by which the candidate is commonly and
generally known in the community.
An affidavit of candidacy for partisan office shall
also state the name of the candidate's political party or political principle,
stated in three words or less. Except
as provided in section 204B.09, subdivision 1a, the affidavit of candidacy must
include an original signature of the candidate.
Sec. 37.
Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to
read:
Subdivision 1.
Candidates in state and county
general elections. (a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating
petitions for county, state, and federal offices filled at the state general
election shall be filed not more than 70 days nor less than 56 days before the
state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens
and the last day of the filing period.
(b) Notwithstanding other law to the contrary, the
affidavit of candidacy must be signed in the presence of a notarial officer or
an individual authorized to administer oaths under section 358.10.
(c) This provision does not apply to candidates for
presidential elector nominated by major political parties. Major party candidates for presidential
elector are certified under section 208.03.
Other candidates for presidential electors may file petitions on or
before the state primary day pursuant to section 204B.07, but no earlier
than 70 days before the state primary.
Nominating petitions to fill vacancies in nominations shall be filed as
provided in section 204B.13. No
affidavit or petition shall be accepted later than 5:00 p.m. on the last day
for filing.
(d)
Affidavits and petitions for county offices to be voted on in only
one county shall must be filed with the county auditor of that
county. Affidavits and petitions for federal
offices to be voted on in more than one county shall must be
filed with the secretary of state. Affidavits
and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
Sec. 38.
Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to
read:
Subd. 1a. Absent candidates. (a) A candidate for special district,
county, state, or federal office who will be absent from the state during the
filing period may submit a properly executed affidavit of candidacy, the
appropriate filing fee, and any necessary petitions in person to the filing
officer. The candidate shall state in
writing the reason for being unable to submit the affidavit during the filing
period. The affidavit, filing fee, and
petitions must be submitted to the filing officer during the seven days
immediately preceding the candidate's absence from the state. Nominating petitions may be signed during
the 14 days immediately preceding the date when the affidavit of candidacy is
filed.
(b) In extraordinary circumstances beyond the
candidate's control that prevent the candidate from filing an affidavit of
candidacy authenticated by the candidate's handwritten or other signature
meeting the requirements of section 645.44, subdivision 14, the affidavit of
candidacy may be filed electronically with the secretary of state along with a
written statement of the extraordinary circumstances. The affidavit and statement may be authenticated either by the
electronic facsimile signature of the candidate, by an electronic signature
consisting of a password assigned by the secretary of state, or by another form
of electronic signature approved by the secretary of state. The secretary of state may adopt rules
governing the electronic filing of an affidavit of candidacy under this
paragraph.
Sec. 39.
Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to
read:
Subd. 3. Write-in candidates. (a) A candidate for county, state,
or federal office who wants write-in votes for the candidate to be counted must
file a written request with the filing office for the office sought no later
than the fifth seventh day before the general election. The filing officer shall provide copies of
the form to make the request.
(b) A candidate for president of the United States
who files a request under this subdivision must include the name of a candidate
for vice-president of the United States.
The request must also include the name of at least one candidate for
presidential elector. The total number
of names of candidates for presidential elector on the request may not exceed
the total number of electoral votes to be cast by Minnesota in the presidential
election.
(c) A candidate for governor who files a request
under this subdivision must include the name of a candidate for lieutenant
governor.
Sec. 40.
Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to
read:
Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may be circulated from the
date of precinct caucuses to the end of the period for filing affidavits of
candidacy. The petition may be
signed by any individual eligible to vote for the candidate. A nominating petition filed pursuant to
section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place
of a filing fee if the nominating petition includes a prominent statement
informing the signers of the petition that it will be used for that purpose.
The number of signatures on a petition in place of a
filing fee shall be as follows:
(a) for a state office voted on statewide, or for
president of the United States, or United States senator, 2,000;
(b) for a congressional office, 1,000;
(c)
for a county or legislative office, or for the office of district judge, 500;
and
(d) for any other office which requires a filing fee
as prescribed by law, municipal charter, or ordinance, the lesser of 500
signatures or five percent of the total number of votes cast in the
municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.
An official with whom petitions are filed shall make
sample forms for petitions in place of filing fees available upon request.
Sec. 41.
Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to
read:
Subdivision 1.
Authority; location. The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by
ordinance or resolution a polling place for each election precinct. Polling places must be designated and ballots
must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same
day. The polling place for a precinct
in a city or in a school district located in whole or in part in the
metropolitan area defined by section 200.02, subdivision 24, shall be located
within the boundaries of the precinct or within 3,000 feet one mile of
one of those boundaries unless a single polling place is designated for a city
pursuant to section 204B.14, subdivision 2, or a school district pursuant to
section 205A.11. The polling place for
a precinct in unorganized territory may be located outside the precinct at a
place which is convenient to the voters of the precinct. If no suitable place is available within a
town or within a school district located outside the metropolitan area defined
by section 200.02, subdivision 24, then the polling place for a town or school
district may be located outside the town or school district within five miles
of one of the boundaries of the town or school district.
Sec. 42.
Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to
read:
Subd. 2. Appointing authority; powers and duties. Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges for precincts in unorganized
territory and for performing election-related duties assigned by the county
auditor shall be appointed by the county board. Election judges for a precinct composed of two or more
municipalities must be appointed by the governing body of the municipality or
municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes.
Appointments shall may be made from lists furnished
pursuant to subdivision 1 subject to the eligibility requirements and other
qualifications established or authorized under section 204B.19. At least two election judges in each
precinct must be affiliated with different major political parties. If no lists have been furnished or if
additional election judges are required after all listed names have been
exhausted, the appointing authority may appoint any other individual
to serve as an election judge subject to the same requirements and
qualifications individuals who meet the qualifications to serve as an
election judge, including persons who are not affiliated with a major political
party. The appointments shall be
made at least 25 days before the election at which the election judges will
serve.
Sec. 43. [204B.445] VOTER COMPLAINT AND
RESOLUTION PROCESS.
Subdivision 1. Scope. An eligible voter may file a complaint to
seek the resolution of any of the following conditions that have occurred or
are about to occur:
(1) voter records in the statewide
registration system are not maintained by the secretary of state or a county
auditor in the manner provided in chapter 201;
(2) voters are unable to register to vote in
the manner provided by section 201.061;
(3) a voting system, including
an electronic ballot marker, meeting the requirements of section 206.80 is not
available for use by voters either casting an absentee ballot in person at the
locations designated by the county auditor or local election official, or for
voting at any polling place on election day; or
(4) the secretary of state, county auditor,
or local election official has failed, is failing, or is about to fail to carry
out a duty required by Title III of the Help America Vote Act of 2002.
A complaint against a municipal or school
district clerk must be filed with the county auditor of the county in which the
action has occurred or is about to occur.
A complaint against a county auditor must be filed with the secretary of
state. A complaint against the
secretary of state must be filed with the Office of Administrative
Hearings. The secretary of state shall
provide a standard form for a complaint under this section. The form must provide space for the
complainant to specify the legal basis for the complaint. The proceedings authorized by this section
are not subject to the requirements of chapter 14.
Subd. 2. Notice of complaint. The official with whom the complaint is
filed must, within seven days after the complaint was filed, provide written
notice of the complaint, including a copy of the complaint, to the official
against whom the complaint has been made.
Subd. 3. Response. Within 14 days after the notice of
complaint is received, the official complained against must respond in writing
to the complainant and state the manner in which the respondent proposes to
resolve the complaint.
Subd. 4. Hearing. If the complainant believes the response
does not resolve the complaint, the complainant may file, with the official
with whom the complaint was filed, a request for a hearing. The request must state the objection to the
response and propose to resolve the complaint in a way that is consistent with
the Minnesota Election Law. If the
complainant makes a request for hearing, a hearing must take place. The official with whom the complaint was filed
must rule on the complaint within 14 days after the hearing.
Subd. 5. Timeline. A ruling on a complaint must be made no
more than 90 days after the complaint was filed. If the official with whom the complaint was filed fails to make
that ruling within 90 days after the complaint was filed, that official must
provide alternative dispute resolution for the disposition of the
complaint. The alternative dispute
resolution process must be completed within 60 days of its commencement.
Subd. 6. Appeal. No later than 30 days after the ruling,
the complainant may appeal the ruling.
If the complaint was filed against a municipal clerk, school district
clerk, or county auditor, the appeal must be filed with the secretary of
state. If the complaint was filed
against the secretary of state, the appeal must be filed with the Ramsey County
District Court. The appeal must be
heard within 14 days. Upon hearing the
appeal, the secretary of state or district court may affirm, reverse, or modify
the ruling and give appropriate instructions, as needed, to the secretary of
state, county auditor, or local election official to resolve the complaint.
Subd. 7. Remedies; notice. If the official rules that there has been
a violation of Title III of the Help America Vote Act of 2002, the official
must provide an appropriate remedy. If
the official rules that there has not been a violation, the complaint must be
dismissed and the results of the process published by the official.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 44.
Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to
read:
Subd. 2. Procedure. Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the
election. Eligible voters not
registered at the time the ballots are mailed may apply for ballots as provided
in chapter 203B. Ballot return
envelopes, with return postage provided, must be preaddressed to the auditor or
clerk and the voter may return the ballot by mail or in person to the office of
the auditor or clerk. The auditor or
clerk may appoint election judges to examine the return envelopes and mark them
"accepted" or "rejected" during the 30 days before the
election. If an envelope has been
rejected at least five days before the election, the ballots in the envelope
must be considered spoiled ballots and the auditor or clerk shall provide the
voter with a replacement ballot and return envelope in place of the spoiled
ballot. The costs of the mailing
shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day
of the election must be counted.No earlier Not more than 20 30 days or
nor later than 14 days prior to the election, the auditor shall mail
ballots by nonforwardable mail to all voters registered in the town or
unorganized territory. No later than
Sec. 45.
Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to
read:
Subdivision 1.
Lingering near polling place. An individual shall be allowed to go to and
from the polling place for the purpose of voting without unlawful
interference. No one except an election
official or an individual who is waiting to register or to vote shall stand
within 100 feet of the entrance to a polling place. The entrance to a polling place is the
doorway or point of entry leading into the room or area where voting is
occurring building in which a polling place is located.
Sec. 46.
Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to
read:
Subd. 3a. Residence requirement. A challenger must be a resident of this
state. Appointed challengers seeking
admission to a polling place to serve in that capacity must prove their status
as a resident of this state by presenting one of the documents listed in
section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not prove residence in the
precinct in which they seek to act as a challenger.
Sec. 47.
Minnesota Statutes 2006, section 204C.07, is amended by adding a
subdivision to read:
Subd. 3b. Oath to obey the law. A challenger must state under oath that
the challenger understands and will abide by the laws and rules governing
challengers as described in this section and in section 204C.12 and governing
challenges to voters as described in section 204C.12.
Sec. 48.
Minnesota Statutes 2006, section 205.075, is amended by adding a
subdivision to read:
Subd. 4. Election judges; party balance. The provisions of sections 204B.19,
subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86,
subdivision 2, relating to party balance in the appointment of judges and to
duties to be performed by judges of different major political parties do not
apply to a town election not held in conjunction with a statewide election.
Sec. 49.
Minnesota Statutes 2006, section 205.10, is amended by adding a
subdivision to read:
Subd. 6. Cancellation. A special election ordered by the
governing body of the municipality on its own motion under subdivision 1 may be
canceled by motion of the governing body, but not less than 46 days before the
election.
Sec. 50.
Minnesota Statutes 2006, section 205.13, is amended by adding a
subdivision to read:
Subd. 7. Write-in candidates. A candidate for a city office who wants
write-in votes for the candidate to be counted must file a written request with
the filing officer for the office sought no later than the seventh day before
the general election. The filing
officer must provide copies of the form to make the request.
Sec. 51. Minnesota Statutes 2006, section 205.16,
subdivision 4, is amended to read:
Subd. 4. Notice to auditor. At least 53 days prior to every municipal
election, the municipal clerk shall provide a written notice to the county
auditor, including the date of the election, the offices to be voted on at the
election, and the title and language for each ballot question to be voted on at
the election. Not less than 46 days
before the election, the municipal clerk must provide written notice to the
county auditor of any special election canceled under section 205.10,
subdivision 6.
Sec. 52.
Minnesota Statutes 2006, section 205A.05, is amended by adding a
subdivision to read:
Subd. 3. Cancellation. A special election ordered by the school
board on its own motion under subdivision 1 may be canceled by motion of the
school board, but not less than 46 days before the election.
Sec. 53.
Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to
read:
Subd. 3. Notice to auditor. At least 53 days prior to every school
district election, the school district clerk shall provide a written notice to
the county auditor of each county in which the school district is located. The notice must include the date of the
election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. For the purposes of meeting the timelines of
this section, in a bond election, a notice, including a proposed question, may
be provided to the county auditor prior to receipt of a review and comment from
the commissioner of education and prior to actual initiation of the
election. Not less than 46 days
before the election, the school district clerk must provide written notice to
the county auditor of any special election canceled under section 205A.05,
subdivision 3.
Sec. 54.
Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to
read:
Subd. 3a. Notice to commissioner of education. At least 49 days prior to every school
district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
the school district clerk shall provide a written notice to the commissioner of
education. The notice must include the
date of the election and the title and language for each ballot question to be
voted on at the election. Not less
than 46 days before the election, the school district clerk must provide a
written notice to the commissioner of education of any special election
canceled under section 205A.05, subdivision 3.
The certified vote totals for each ballot question shall be provided
in a written notice to the commissioner in a timely manner.
Sec. 55.
Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to
read:
Subd. 2. Election, conduct. A school district election must be by secret
ballot and must be held and the returns made in the manner provided for the
state general election, as far as practicable.
The vote totals from an absentee ballot board established pursuant to
section 203B.13 may be tabulated and reported by the school district as a whole
rather than by precinct. For school
district elections not held in conjunction with a statewide election, the
school board shall appoint election judges as provided in section 204B.21,
subdivision 2. The provisions of
sections 204B.19, subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19;
206.64, subdivision 2; 206.83; and 206.86, subdivision 2, relating to
party balance in appointment of judges and to duties to be performed by judges
of different major political parties do not apply to school district elections
not held in conjunction with a statewide election.
Sec. 56.
Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to
read:
Subd. 5. Voting system for disabled voters. In federal and state elections held after
December 31, 2005, and in county, municipal city, and
school district elections held after December 31, 2007, and in township
elections held after December 31, 2009, the voting method used in each
polling place must include a voting system that is accessible for individuals
with disabilities, including nonvisual accessibility for the blind and visually
impaired in a manner that provides the same opportunity for access and
participation, including privacy and independence, as for other voters.
Sec. 57. Minnesota Statutes 2006, section 206.89,
subdivision 1, is amended to read:
Subdivision 1.
Definition. For purposes of this section
"postelection review official" means the election administration
official who is responsible for the conduct of elections in a precinct selected
for review under this section. county auditor, unless the county auditor
designates the municipal clerk as the "postelection review official"
within 24 hours after the canvass of the state general election.
Sec. 58.
Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to
read:
Subd. 5. Additional review. (a) If the postelection review in one of
the reviewed precincts reveals a difference greater than one-half of one
percent, or greater than two votes in a precinct where 400 or fewer voters
cast ballots, the postelection review official must, within two days,
conduct an additional review of the races indicated in subdivision 3 in at
least three precincts in the same jurisdiction where the discrepancy was
discovered. If all precincts in that
jurisdiction have been reviewed, the county auditor must immediately publicly
select by lot at least three additional precincts for review. The postelection review official must
complete the additional review within two days after the precincts are selected
and report the results immediately to the county auditor. If the second review in any of the
reviewed precincts also indicates a difference in the vote totals compiled
by the voting system that is greater than one-half of one percent from the
result indicated by the postelection review, or greater than two votes in a
precinct where 400 or fewer voters cast ballots, the county auditor must
conduct a review of the ballots from all the remaining precincts in the county
for the races indicated in subdivision 3.
This review must be completed no later than six weeks after the state
general election.
(b) If the results from the countywide reviews from
one or more counties comprising in the aggregate more than ten percent of the
total number of persons voting in the election clearly indicate that an error
in vote counting has occurred, the postelection review official must conduct a
manual recount of all the ballots in the district for the affected office. The recount must be completed and the results
reported to the appropriate canvassing board no later than ten weeks after the
state general election.
Sec. 59.
Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to
read:
Subd. 2. Information required. The report to be filed by a candidate or
committee must include:
(1) the name of the candidate or ballot question;
(2) the printed name and,
address, telephone number, signature, and e-mail address, if available,
of the person responsible for filing the report;
(3) the total amount of receipts and expenditures
for the period from the last previous report to five days before the current
report is due;
(4) the amount, date, and purpose for each
expenditure; and
(5) the name, address, and employer, or occupation
if self-employed, of any individual or committee that during the year has made
one or more contributions that in the aggregate are equal to or greater than
exceed $100, and the amount and date of each contribution.
The filing officer must
restrict public access to the address of any individual who has made a contribution
that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the
financial report is required for the safety of the individual or the
individual's family.
Sec. 60. Minnesota Statutes 2006, section 211A.05,
subdivision 1, is amended to read:
Subdivision 1.
Penalty. A candidate who intentionally fails to file
a report required by section 211A.02 or a certification required by this
section is guilty of a misdemeanor.
The treasurer of a committee formed to promote or defeat a ballot
question who intentionally fails to file a report required by section 211A.02 or
a certification required by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
formed to promote or defeat a ballot question shall certify to the filing
officer that all reports required by section 211A.02 have been submitted to the
filing officer or that the candidate or committee has not received
contributions or made disbursements exceeding $750 in the calendar year. The certification shall be submitted to the
filing officer no later than seven days after the general or special
election. The secretary of state shall
prepare blanks for this certification.
An officer who issues a certificate of election to a candidate who has
not certified that all reports required by section 211A.02 have been filed is
guilty of a misdemeanor.
Sec. 61.
Minnesota Statutes 2006, section 325L.03, is amended to read:
325L.03 SCOPE.
(a) Except as otherwise provided in paragraphs (b)
and (e), this chapter applies to electronic records and electronic signatures
relating to a transaction.
(b) This chapter does not apply to a transaction to
the extent it is governed by:
(1) the Uniform Commercial Code other than section
336.1-306, article 2, and article 2A; and
(2) section 145C.03, subdivision 1, relating to
requirements for creation of a health care directive; section 507.24, relating
to requirements for recording any conveyance, power of attorney, or other
instrument affecting real estate; section 523.23, subdivision 3, relating to
requirements for creation of a statutory short form power of attorney; and
section 253B.03, subdivision 6b, relating to requirements for creation of a declaration
of preferences or instructions regarding intrusive mental health treatment.
(c) This chapter applies to an electronic record or
electronic signature otherwise excluded from the application of this chapter
under paragraph (b) to the extent it is governed by a law other than those
specified in paragraph (b).
(d) A transaction subject to this chapter is also
subject to other applicable substantive law.
(e) This chapter does not apply to the creation and
execution of wills, codicils, or trusts other than trusts relating to the
conduct of business, commercial, or governmental purposes.
(f) Except as provided in section 204B.09,
subdivision 1a, this chapter does not apply to affidavits of candidacy relating
to the conduct of elections.
Sec. 62. Minnesota
Statutes 2006, section 375.101, subdivision 1, is amended to read:
Subdivision 1.
Option for filling vacancies; election
in 30 to be
held not less than 14 days after the special primary. The person elected at the special election shall take office
immediately after receipt of the certificate of election and upon filing the
bond and taking the oath of office and shall serve the remainder of the
unexpired term. If the county has been
reapportioned since the commencement of the term of the vacant office, the
election shall be based on the district as reapportioned.60 90 days.
Except as provided in subdivision 3, a vacancy in the office of county
commissioner shall may be filled as provided in this
subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy is to be filled under this
subdivision and subdivision 2, it must be filled at a special election not
less than 30 nor more than 60 90 days after the vacancy
occurs. The special primary or special
election may be held on the same day as a regular primary or regular election
but the special election shall
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 63.
Minnesota Statutes 2006, section 375.101, is amended by adding a
subdivision to read:
Subd. 4. Option for filling vacancies;
appointment. Except as
provided in subdivision 3, and as an alternative to the procedure provided in
subdivisions 1 and 2, any other vacancy in the office of county commissioner
may be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a
resolution entered in the minutes and shall continue until an election is held
under this subdivision. All elections
to fill vacancies shall be for the unexpired term. If the vacancy occurs before the first day to file affidavits of
candidacy for the next county general election and more than two years remain
in the unexpired term, a special election shall be held in conjunction with the
county general election. The appointed
person shall serve until the qualification of the successor elected to fill the
unexpired part of the term at that special election. If the vacancy occurs on or after the first day to file
affidavits of candidacy for the county general election, or when less than two
years remain in the unexpired term, there shall be no special election to fill
the vacancy and the appointed person shall serve the remainder of the unexpired
term and until a successor is elected and qualifies at the county general
election.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 64.
Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to
read:
Subdivision 1.
Proposals. The charter commission may propose
amendments to such charter and shall do so upon the petition of voters equal in
number to five percent of the total votes cast at the last previous state
general election in the city. Proposed
charter amendments must be submitted at least 12 weeks before the general
election. Petitions may be signed no
earlier than 26 weeks before the general election. Only registered voters are eligible to sign the
petition. All petitions circulated with
respect to a charter amendment shall be uniform in character and shall have
attached thereto the text of the proposed amendment in full; except that in the
case of a proposed amendment containing more than 1,000 words, a true and
correct copy of the same may be filed with the city clerk, and the petition
shall then contain a summary of not less than 50 nor more than 300 words
setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of
the objects and purposes of the amendment proposed and an outline of any
proposed new scheme or frame work of government and shall be sufficient to
inform the signers of the petition as to what change in government is sought to
be accomplished by the amendment. The
summary, together with a copy of the proposed amendment, shall first be
submitted to the charter commission for its approval as to form and
substance. The commission shall within
ten days after such submission to it, return the same to the proposers of the
amendment with such modifications in statement as it may deem necessary in
order that the summary may fairly comply with the requirements above set forth.
Sec. 65.
Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to
read:
Subd. 4. Candidates; ballots; certifying election. A person who wants to be a candidate for the
hospital board shall file an affidavit of candidacy for the election either as
member at large or as a member representing the city or town where the
candidate resides. The affidavit of
candidacy must be filed with the city or town clerk not more than 70 days nor
less than 56 days before the first Tuesday after the first Monday in November
of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy
to the clerk of the hospital district or, for the first election, the clerk of
the most populous city or town immediately after the last day of the filing
period. A candidate may withdraw from
the election by filing an affidavit of withdrawal with the clerk of the
district no later than 5:00 p.m. two days after the last day to file affidavits
of candidacy. A candidate for a
hospital district office who wants write-in votes for the candidate to be
counted must file a written request with the filing officer for the office
sought no later than the seventh day before the general election. The filing officer must provide copies of
the form to make the request.
Voting must be by secret ballot. The clerk shall prepare, at the expense of
the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and
prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by
at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be
printed on the ballot provided for the election of officers. The hospital board may also authorize the
use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at each
polling place. The election judges
shall act as clerks of election, count the ballots cast, and submit them to the
board for canvass.
After canvassing the election, the board shall issue
a certificate of election to the candidate who received the largest number of
votes cast for each office. The clerk
shall deliver the certificate to the person entitled to it in person or by
certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 66. REPEALER.
(a) Minnesota Statutes 2006, sections
201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; and 203B.13,
subdivision 3a, are repealed.
(b) Minnesota Statutes 2006, sections
203B.04, subdivision 5; and 203B.16, subdivision 3, are repealed effective
April 1, 2008.
(c) Minnesota Statutes 2006, section 200.04,
is repealed effective January 1, 2008.
ARTICLE 5
ELECTIONS CLARIFICATIONS
Section 1.
Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
read:
Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of candidates shall be placed on
the "canary ballot" described in section 204D.11, subdivision 3. The office title printed on the ballot
must be either "Soil and Water Conservation District Supervisor" or
"Conservation District Supervisor," based upon the district from
which the supervisor is to be elected.
Sec. 2.
Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to
read:
Subdivision 1.
Registration. An individual may register to vote:
(1) at any time before the 20th day preceding any
election as provided in section 201.061, subdivision 1;
(2) on the day of an election as provided in section
201.061, subdivision 3; or
(3)
when submitting an absentee ballot, by enclosing a completed registration card
application as provided in section 203B.04, subdivision 4.
Sec. 3.
Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to
read:
Subd. 4. Registration by election judges;
procedures. Registration at the
polling place on election day shall be conducted by the election judges. The election judge who registers an
individual at the polling place on election day shall not handle that voter's
ballots at any time prior to the opening of the ballot box after the voting
ends. Registration cards applications
and forms for oaths shall be available at each polling place. If an individual who registers on election
day proves residence by oath of a registered voter, the form containing the
oath shall be attached to the individual's registration card
application. Registration cards
applications completed on election day shall be forwarded to the county
auditor who shall add the name of each voter to the registration system unless
the information forwarded is substantially deficient. A county auditor who finds an election day registration
substantially deficient shall give written notice to the individual whose
registration is found deficient. An
election day registration shall not be found deficient solely because the
individual who provided proof of residence was ineligible to do so.
Sec. 4.
Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to
read:
Subd. 3. Deficient registration. No voter registration application is
deficient if it contains the voter's name, address, date of birth, current and
valid Minnesota driver's license number or Minnesota state identification
number, or if the voter has no current and valid Minnesota driver's license or
Minnesota state identification number, the last four digits of the voter's
Social Security number, if the voter has been issued a Social Security number,
prior registration, if any, and signature.
The absence of a zip code number does not cause the registration to be
deficient. Failure to check a box on an
application form that a voter has certified to be true does not cause the
registration to be deficient. The
election judges shall request an individual to correct a voter registration
application if it is deficient or illegible or if the name or number of the
voter's school district is missing or obviously incorrect. No eligible voter may be prevented from
voting unless the voter's registration application is deficient or the voter is
duly and successfully challenged in accordance with section 201.195 or 204C.12.
A voter registration application accepted prior to
August 1, 1983, is not deficient for lack of date of birth. The county or municipality may attempt to
obtain the date of birth for a voter registration application accepted prior to
August 1, 1983, by a request to the voter at any time except at the polling
place. Failure by the voter to comply
with this request does not make the registration deficient.
A voter registration application accepted before
January 1, 2004, is not deficient for lack of a valid Minnesota driver's
license or state identification number or the last four digits of a Social
Security number. A voter registration
application submitted by a voter who does not have a Minnesota driver's license
or state identification number, or a Social Security number, is not deficient
for lack of any of these numbers.
Sec. 5.
Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to
read:
Subd. 4. Change of registration. Any A county auditor who
receives a registration card application indicating that an
individual was previously registered in a different county in Minnesota shall notify
the county auditor of that county update the voter's record electronically
through the statewide registration system in the manner prescribed in the
rules of by the secretary of state.
A county auditor receiving a registration card indicating that a
voter was previously registered in a different precinct in the same county or
receiving a notification as provided in this subdivision shall remove that
individual's voter registration card from the files. Any A county auditor who receives a registration card
application or notification requiring a change of registration records
under this subdivision as a result of an election day registration shall also
check the statewide registration system to determine whether the individual
voted in more than one precinct in the most recent election.
Sec.
6. Minnesota Statutes 2006, section
201.081, is amended to read:
201.081
REGISTRATION FILES.
The statewide registration system is the official
record of registered voters. The voter
registration cards applications and the terminal providing access
to the statewide registration system must be under the control of the county
auditor or the public official to whom the county auditor has delegated the
responsibility for maintaining voter registration records. The voter registration cards applications
and terminals providing access to the statewide registration system must
not be removed from the control of the county auditor except as provided in
this subdivision. The county auditor
may make photographic copies of voter registration cards applications
in the manner provided by section 138.17.
A properly completed voter registration card application
that has been submitted to the secretary of state or a county auditor must
be maintained by the secretary of state or the county auditor for at least 22
months after the date that the information on the card application is
entered into the database of the statewide registration system. The secretary of state or the county auditor
may dispose of the cards applications after retention for 22
months in the manner provided by section 138.17.
Sec. 7.
Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to
read:
Subdivision 1.
Master list. Each county auditor shall prepare and
maintain a current list of registered voters in each precinct in the county
which is known as the master list. The
master list must be created by entering each completed voter registration card
application received by the county auditor into the statewide
registration system. It must show the
name, residence address, and date of birth of each voter registered in the
precinct. The information contained in
the master list may only be made available to public officials for purposes
related to election administration, jury selection, and in response to a law
enforcement inquiry concerning a violation of or failure to comply with any
criminal statute or state or local tax statute.
Sec. 8.
Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to
read:
Subd. 8. Registration places. Each county auditor shall designate a number
of public buildings in those political subdivisions of the county where
preregistration of voters is allowed as provided in section 201.061, subdivision
1, where eligible voters may register to vote.
At least one public building must be designated for each 30,000
residents of the county. At least one
telecommunications device for the deaf must be available for voter registration
information in each county seat and in every city of the first, second, and
third class.
An adequate supply of registration cards applications
and instructions must be maintained at each designated location, and a
designated individual must be available there to accept registration cards
applications and transmit them to the county auditor.
A person who, because of disability, needs
assistance in order to determine eligibility or to register must be assisted by
a designated individual. Assistance
includes but is not limited to reading the registration form and instructions
and filling out the registration form as directed by the eligible voter.
Sec. 9.
Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to
read:
Subdivision 1.
Intentional violation. No officer, deputy, clerk, or other employee
shall intentionally:
(1) fail to perform or enforce any of the provisions
of this chapter except subdivision 2;
(2) remove a registration card
application or record from its proper place in the registration files in
a manner or for a purpose not authorized by law;
(3) destroy or make an unauthorized change to a
record required to be kept by this chapter; or
(4) add a name or names to the voter registration
files, records, or cards applications, except as authorized by
law.
An individual who violates this subdivision is
guilty of a felony.
Sec. 10.
Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to
read:
Subdivision 1.
Application procedures. Except as otherwise allowed by subdivision 2
or by section 203B.11, subdivision 4, an application for absentee ballots
for any election may be submitted at any time not less than one day before the
day of that election. The county
auditor shall prepare absentee ballot application forms in the format provided
by the secretary of state, notwithstanding rules on absentee ballot forms, and
shall furnish them to any person on request.
By January 1 of each even-numbered year, the secretary of state shall
make the forms to be used available to auditors through electronic means. An application submitted pursuant to this
subdivision shall be in writing and shall be submitted to:
(a) the county auditor of the county where the
applicant maintains residence; or
(b) the municipal clerk of the municipality, or
school district if applicable, where the applicant maintains residence.
An application shall be approved if it is timely
received, signed and dated by the applicant, contains the applicant's name and
residence and mailing addresses, and states that the applicant is eligible to
vote by absentee ballot for one of the reasons specified in section
203B.02. The application may contain a
request for the voter's date of birth, which must not be made available for
public inspection. An application may
be submitted to the county auditor or municipal clerk by an electronic
facsimile device. An application mailed
or returned in person to the county auditor or municipal clerk on behalf of a
voter by a person other than the voter must be deposited in the mail or returned
in person to the county auditor or municipal clerk within ten days after it has
been dated by the voter and no later than six days before the election. The absentee ballot applications or a list
of persons applying for an absentee ballot may not be made available for public
inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
Sec. 11.
Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to
read:
Subd. 4. Registration at time of application. An eligible voter who is not registered to
vote but who is otherwise eligible to vote by absentee ballot may register by
including a completed voter registration card application with
the absentee ballot. The individual
shall present proof of residence as required by section 201.061, subdivision 3,
to the individual who witnesses the marking of the absentee ballots. A military voter, as defined in section
203B.01, may register in this manner if voting pursuant to sections 203B.04 to
203B.15, or may register pursuant to sections 203B.16 to 203B.27.
Sec. 12. Minnesota Statutes 2006, section 203B.05,
subdivision 2, is amended to read:
Subd. 2. City, school district, and town elections. For city, town, and school district
elections not held on the same day as a statewide election, for school
district elections not held on the same day as a statewide election, and for
town elections conducted under the Australian ballot system, applications
for absentee ballots shall be filed with the city, school district, or town
clerk and the duties prescribed by this chapter for the county auditor shall be
performed by the city, school district, or town clerk unless the county auditor
agrees to perform those duties on behalf of the city, school district, or town
clerk. The costs incurred to provide
absentee ballots and perform the duties prescribed by this subdivision shall be
paid by the city, town, or school district holding the election.
Notwithstanding any other law, this chapter applies
to school district elections held on the same day as a statewide election or an
election for a county or municipality wholly or partially within the school
district.
Sec. 13. Minnesota
Statutes 2006, section 203B.07, subdivision 1, is amended to read:
Subdivision 1.
Delivery of envelopes,
directions. The county auditor or
the municipal clerk shall prepare, print, and transmit a return envelope, a
ballot envelope, and a copy of the directions for casting an absentee ballot to
each applicant whose application for absentee ballots is accepted pursuant to
section 203B.04. The directions for
casting an absentee ballot shall be printed in at least 14-point bold type with
heavy leading and may be printed on the ballot envelope. When a person requests the directions in
Braille or on cassette tape, the county auditor or municipal clerk shall
provide them in the form requested. The
secretary of state shall prepare Braille and cassette copies and make them
available.
When a voter registration card application
is sent to the applicant as provided in section 203B.06, subdivision 4, the
directions or registration card application shall include
instructions for registering to vote.
Sec. 14.
Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to
read:
Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and
date the return envelope with an official seal of the office and place
it in a secure location with other return envelopes received by that
office. The county auditor or municipal
clerk shall deliver to the appropriate election judges on election day all
ballots received before or with the last mail delivery by the United States
Postal Service on election day. A town
clerk may request the United States Postal Service to deliver absentee ballots
to the polling place on election day instead of to the official address of the
town clerk.
Sec. 15.
Minnesota Statutes 2006, section 203B.10, is amended to read:
203B.10
DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO ELECTION JUDGES.
(a) On the day before an election:
(a) (1) the county auditor shall deliver to the
municipal clerks within that county the applications for absentee ballots
theretofore received and endorsed as provided in section 203B.06, subdivision
5; and
(b) (2) the municipal clerks shall deliver the
applications received from the county auditor and the applications for absentee
ballots filed with their respective offices and endorsed as provided in section
203B.06, subdivision 5, to the appropriate election judges. Applications received on election day
pursuant to section 203B.04, subdivision 2, shall be promptly delivered to the
election judges in the precincts or to the judges of an absentee ballot board.
(b) Delivery of the
applications to the municipal clerks and election judges in the precinct is not
required if the absentee ballot envelopes have been accepted or rejected by an
absentee ballot board pursuant to section 203B.13.
Sec. 16.
Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to
read:
Subd. 8. Proof of eligibility. A candidate for judicial office or for the
office of county attorney shall submit with the affidavit of candidacy proof
that the candidate is licensed to practice law in this state. Proof means providing a copy of a current
attorney license.
A candidate for county sheriff shall submit with the
affidavit of candidacy proof of licensure as a peace officer in this
state. Proof means providing a copy
of a current Peace Officer Standards and Training Board license.
Sec. 17.
Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to
read:
Subd. 3. Number of signatures. The number of signatures required on a
nominating petition shall be as follows:
(a) for a federal or state office voted on
statewide or for United States senator, one percent of the total number
of individuals voting in the state at the last preceding state general
election, or 2,000, whichever is less;
(b) for a congressional office, five percent of the
total number of individuals voting in the district at the last preceding state
general election, or 1,000, whichever is less;
(c) for a county or legislative office, ten percent
of the total number of individuals voting in the county or legislative district
at the last preceding state or county general election, or 500, whichever is
less;
(d) for a municipal office in a city of the first
class, the number specified in section 205.121; and
(e) for any other municipal or school district
office, ten percent of the total number of individuals voting in the
municipality, ward, school district, or other election district at the last preceding
municipal, or school district if applicable, general election, or 500,
whichever is less.
Sec. 18.
Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to
read:
Subdivision 1.
Materials, ballots. The school district clerk shall prepare and
have printed the necessary election materials, including ballots, for a school
district election. The name of each
candidate for office shall be rotated with the names of the other candidates
for the same office so that the name of each candidate appears substantially an
equal number of times at the top, at the bottom, and at each intermediate place
in the group of candidates for that office names must be arranged on
school district ballots in the manner provided in section 204D.08, subdivision 3,
for state elections.
Sec. 19.
Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to
read:
Subd. 2. Combined polling place. When no other election is being held in two
or more precincts on the day of a school district election, the school board
may designate one or more combined polling places at which the voters in those
precincts may vote in the school district election. In school districts that have organized into separate board
member election districts under section 205A.12, a combined polling place for a
school general election must be arranged so that it does not include more than
one board member election district.
Sec. 20. Minnesota Statutes 2006, section 206.82,
subdivision 2, is amended to read:
Subd. 2. Plan.
(a) Subject to paragraph (b), The municipal clerk in a
municipality where an electronic voting system is used and the county auditor
of a county in which an electronic voting system is used in more than one
municipality and the county auditor of a county in which a counting center
serving more than one municipality is located shall prepare a plan which
indicates acquisition of sufficient facilities, computer time, and professional
services and which describes the proposed manner of complying with section
206.80. The plan must be signed,
notarized, and submitted to the secretary of state more than 60 days before the
first election at which the municipality uses an electronic voting system. Prior to July 1 of each subsequent general
election year, the clerk or auditor shall submit to the secretary of state
notification of any changes to the plan on file with the secretary of
state. The secretary of state shall
review each plan for its sufficiency and may request technical assistance from
the Department of Administration or other agency which may be operating as the
central computer authority. The
secretary of state shall notify each reporting authority of the sufficiency or
insufficiency of its plan within 20 days of receipt of the plan. The attorney general, upon request of the
secretary of state, may seek a district court order requiring an election
official to fulfill duties imposed by this subdivision or by rules promulgated
pursuant to this section.
(b) Systems implemented by counties and
municipalities in calendar year 2006 are exempt from paragraph (a) and section
206.58, subdivision 4, if:
(1) the municipality has fewer than 10,000
residents; and
(2) a valid county plan was filed by the
county auditor of the county in which the municipality is located.
Sec. 21.
Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended
to read:
Subd. 2. Social security number. A voter must not be included on the list of
voters prepared under Minnesota Statutes, section 201.121, subdivision 1, whose
registration is incomplete because of a failure to match the last four digits
of the voter's Social Security number until the commissioner of public safety
has:
(1) entered into an agreement with the commissioner
of the Social Security Administration under Minnesota Statutes, section
201.1615, regarding the use of the last four digits of a Social Security number
to verify voter registration information;
(2) assembled a complete and current database
of the last four digits of the Social Security number of each resident of this
state as maintained by the Social Security Administration; and
(3) (2) certified, along with the secretary of state, that
the voter registration system has been tested and shown to properly verify the
last four digits of a voter's Social Security number.
EFFECTIVE
DATE. This section is effective the day
following final enactment."
Delete the title and insert:
"A bill for an act relating to government operations;
appropriating money for general legislative and administrative expenses of
state government; regulating state and local government operations;
establishing the Minnesota Commission on Ethnic Heritage and New Americans;
creating the position of poet laureate; imposing a temporary technology
surcharge; establishing the Minnesota Commission on Terrorism and Disaster
Preparedness; providing a process for continuing appropriations in certain
circumstances; establishing provisions for grants management; defining
significant individual; creating a state employees electronic health records
pilot project; abolishing the Department of Employee Relations and transferring
duties; requiring best value contracts and procurement for certain
purposes; requiring reports; regulating elections and voter registration;
amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12,
subdivision 1; 15.06, subdivision 2; 15B.17, subdivision 1; 16A.102,
subdivision 4; 16A.103, subdivision 1e; 16A.1286, subdivision 2; 16A.695,
subdivisions 2, 3, by adding subdivisions; 16B.055, subdivision 1; 16B.24,
subdivision 5; 16B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding
subdivisions; 16C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions;
16C.05, subdivisions 1, 2; 16C.08, subdivisions 2, 4, by adding subdivisions;
16C.10, subdivision 7; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1;
16C.28; 43A.02, by adding a subdivision; 43A.08, subdivision 2a; 43A.346,
subdivision 1; 103C.305, subdivision 3; 103D.811, subdivision 3; 103E.505,
subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a
subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision;
161.1419, subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision
1; 161.38, subdivision 4; 201.016, subdivision 1a; 201.054, subdivision 1;
201.056; 201.061, subdivisions 1, 3, 4, by adding a subdivision; 201.071,
subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8, 9; 201.12; 201.13,
subdivision 3; 201.161; 201.171; 201.27, subdivision 1; 203B.02, subdivision 1;
203B.04, subdivisions 1, 4, 6; 203B.05, subdivision 2; 203B.06, subdivision 3;
203B.07, subdivisions 1, 2; 203B.08, subdivision 3; 203B.081; 203B.10; 203B.11,
subdivision 4; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 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; 204B.06, subdivisions 1, 8;
204B.08, subdivision 3; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2;
204B.16, subdivision 1; 204B.21, subdivision 2; 204B.45, subdivision 2;
204C.06, subdivision 1; 204C.07, subdivision 3a, by adding a subdivision;
205.075, by adding a subdivision; 205.10, by adding a subdivision; 205.13, by
adding a subdivision; 205.16, subdivision 4; 205A.05, by adding a subdivision;
205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 205A.11, subdivision
2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89, subdivisions 1, 5;
211A.02, subdivision 2; 211A.05, subdivision 1; 270B.14, by adding a
subdivision; 270C.03, subdivision 1; 302A.821, subdivision 4; 308A.995,
subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2; 317A.823,
subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525; 358.41;
358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision; 374.13;
375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding a
subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
adding a subdivision; 469.101, by adding a subdivision; 471.345, subdivision 5,
by adding subdivisions; 471.61, subdivision 1a; 473.523, by adding a
subdivision; 473.756, subdivision 12; 477A.014, subdivision 4; 491A.02,
subdivision 4; 507.24, subdivision 2; 517.08, subdivisions 1b, 1c; Laws 2004,
chapter 293, article 1, section 37, subdivision 2; Laws 2005, chapter 156,
article 2, section 45; Laws 2006, chapter 253, section 22, subdivision 1; Laws
2006, chapter 282, article 14, section 5; proposing coding for new law in
Minnesota Statutes, chapters 3; 4; 5; 8; 11A; 12; 13; 16A; 16B; 16C; 161; 203B;
204B; 270C; 308B; 321; repealing Minnesota Statutes 2006, sections 16A.102,
subdivisions 1, 2, 3; 16B.055, subdivisions 2, 3; 16C.055, subdivision 1;
16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7;
201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
3a; 203B.16, subdivision 3; 359.085, subdivision 8; 645.44, subdivision
19."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Don Betzold, Ann H. Rest, Dan Larson, Gary W.
Kubly and Rick E. Olseen.
House Conferees: Phyllis Kahn, Bill Hilty, Ryan Winkler and
Loren Solberg.
Kahn moved that the report of the Conference Committee on
S. F. No. 1997 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
Peterson, N., was excused for the remainder of today's session.
The Speaker resumed the Chair.
CALL
OF THE HOUSE
On the motion of Kohls and on the demand of 10 members, a call
of the House was ordered. The following
members answered to their names:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
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
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Kohls moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it
was so ordered.
S. F. No. 1997, A bill for an act relating to government
operations; appropriating money for the general legislative and administrative
expenses of state government; raising fees; regulating state and local government
operations; modifying provisions related to public employment; providing for
automatic voter registration; abolishing the Department of Employee Relations;
amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12,
subdivision 1; 15.06, subdivisions 2, 8; 15B.17, subdivision 1; 16A.1286,
subdivision 2; 16B.03; 16C.08, subdivision 2; 43A.02, by adding a subdivision;
43A.03, subdivision 3; 43A.08, subdivisions 1, 2a; 43A.24, subdivision 1;
43A.346, subdivision 1; 45.013; 84.01, subdivision 3; 116.03, subdivision 1;
116J.01, subdivision 5; 116J.035, subdivision 4; 174.02, subdivision 2; 201.12;
201.13, subdivision 3; 201.161; 241.01, subdivision 2; 270B.14, by adding a
subdivision; 302A.821, subdivision 4; 321.0206; 336.1-110; 336.9-525; 471.61,
subdivision 1a; 517.08, subdivisions 1b, 1c; Laws 2005, First Special Session
chapter 1, article 4, section 121; proposing coding for new law in Minnesota
Statutes, chapters 5; 13; 16B; 16C; repealing Minnesota Statutes 2006, sections
43A.03, subdivision 4; 43A.08, subdivision 1b; Laws 2006, chapter 253, section
22.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 71 yeas and
57 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Hosch
Howes
Kalin
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Peppin
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
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. 2433, A bill for an act relating to capital investment; providing disaster
relief for Browns Valley, Rogers, and Warroad; authorizing flood mitigation
projects in Browns Valley; appropriating money; amending Laws 2005, chapter 20,
article 1, section 7, subdivision 2; Laws 2006, chapter 258, section 7,
subdivision 3.
Patrice Dworak, First Assistant Secretary of the Senate
Marquart moved that the House refuse to concur in the Senate
amendments to H. F. No. 2433, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 2433:
Marquart, Carlson and Seifert.
CALL
OF THE HOUSE LIFTED
Abeler moved that the call of the House be lifted The motion prevailed and it was so ordered.
MESSAGES
FROM THE SENATE, Continued
There being no objection, the Message from the Senate and the
Conference Committee Report on S. F. No. 2096 were reported to the House.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2096.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
Patrice Dworak, First Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2096
A bill for an act relating to state government; appropriating
money for environmental, natural resources, and energy purposes; establishing
and modifying certain programs; modifying rulemaking authority; providing for
accounts, assessments, and fees; amending Minnesota Statutes 2006, sections
84.025, subdivision 9; 84.026, subdivision 1; 84.027, by adding a subdivision;
84.0855, subdivisions 1, 2; 84.780; 84.922, subdivisions 1a, 5; 84.927,
subdivision 2; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13,
subdivision 7; 85.32, subdivision 1; 86B.415, subdivisions 1, 2, 3, 4, 5, 7;
86B.706, subdivision 2; 89A.11; 93.0015, subdivision 3; 97A.045, by adding a
subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.405,
subdivision 2; 97A.411, subdivision 1; 97A.451, subdivision 3a; 97A.465, by
adding subdivisions; 97A.473, subdivisions 3, 5; 97A.475, subdivisions 3, 7,
11, 12, by adding a subdivision; 97B.601, subdivision 3; 97B.715, subdivision
1; 97B.801; 97C.081, subdivision 3; 97C.355, subdivision 2; 116C.779,
subdivision 1; 216B.812, subdivisions 1, 2; 216C.051, subdivision 9; Laws 2003,
chapter 128, article 1, section 169; proposing coding for new law in Minnesota
Statutes, chapters 84; 84D; 89; 103F; 144; 216B; 216C; 325E; repealing
Minnesota Statutes 2006, section 93.2236.
May 4,
2007
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We,
the undersigned conferees for S. F. No. 2096 report that we have agreed upon
the items in dispute and recommend as follows:
That
the House recede from its amendments and that S. F. No. 2096 be further amended
as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
ENVIRONMENT
AND NATURAL RESOURCES
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $177,046,000 $126,148,000 $303,194,000
State Government Special
Revenue 48,000 48,000 96,000
Environmental 62,425,000 62,622,000 125,047,000
Natural Resources 82,211,000 82,301,000 164,512,000
Game and Fish 89,988,000 91,947,000 181,935,000
Remediation 11,116,000 11,186,000 22,302,000
Permanent School 200,000 200,000 400,000
Total $423,034,000 $374,452,000 $797,486,000
Sec. 2. ENVIRONMENT AND NATURAL RESOURCES
APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2008" and
"2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first
year" is fiscal year 2008.
"The second year" is fiscal year 2009. "The biennium" is fiscal years
2008 and 2009. Appropriations for the
fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. POLLUTION CONTROL AGENCY
Subdivision 1. Total Appropriation $117,782,000 $86,388,000
Appropriations by
Fund
2008 2009
General 44,293,000 12,632,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
State Government
Special Revenue 48,000 48,000
Environmental 62,425,000 62,622,000
Remediation 11,016,000 11,086,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Water 58,053,000 26,930,000
Appropriations by
Fund
General 38,656,000 7,603,000
State Government
Special Revenue 48,000 48,000
Environmental 19,349,000 19,279,000
$2,348,000 the first year
and $2,348,000 the second year are for the clean water partnership
program. Any balance remaining in the
first year does not cancel and is available for the second year. This appropriation may be used for grants to
local units of government for the purpose of restoring impaired waters listed
under section 303(d) of the federal Clean Water Act in accordance with adopted
total maximum daily loads (TMDLs), including implementation of approved clean
water partnership diagnostic study work plans that will assist in restoration
of impaired waters, in accordance with Minnesota Statutes, chapter 114D.
$2,324,000 the first year
and $2,324,000 the second year must be distributed as grants to delegated
counties to administer the county feedlot program. Distribution of funds must be as provided in Laws 2005, First
Special Session chapter 1, article 2, section 2, subdivision 2. The commissioner, in consultation with the
Minnesota Association of County Feedlot Officers executive team, may use up to
five percent of the annual appropriation for initiatives to enhance existing
delegated county feedlot programs, information and education, or technical
assistance to reduce feedlot-related pollution hazards. Any money remaining after the first year is
available for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$335,000 the first year and
$335,000 the second year are for community technical assistance and education,
including grants and technical assistance to communities for local and
basinwide water quality protection.
$405,000 the first year and
$405,000 the second year are for individual sewage treatment system (ISTS)
administration and grants. Of this
amount, $86,000 each year is for assistance to counties through grants for ISTS
program administration. Any unexpended
balance in the first year does not cancel but is available in the second year.
$480,000 the first year and
$480,000 the second year are from the environmental fund to address the need
for continued increased activity in the areas of new technology review, technical
assistance for local governments, and enforcement under Minnesota Statutes,
sections 115.55 to 115.58, and to complete the requirements of Laws 2003,
chapter 128, article 1, section 165. Of
this amount, $48,000 each year is for administration of individual septic tank
fees.
$31,009,000 the first year
is to implement the requirements of Minnesota Statutes, chapter 114D. Of this amount, $12,634,000 is for
completion of 20 percent of the needed statewide assessments of surface water
quality and trends and $18,000,000 is to develop TMDL's and TMDL implementation
plans for waters listed on the United States Environmental Protection Agency
approved impaired waters list in accordance with Minnesota Statutes, chapter
114D. The agency shall complete an average
of ten percent of the TMDL's each year over the biennium. The department shall monitor and analyze
endocrine disruptors in surface waters in at least 20 additional sites. The data must be placed on the agency's Web
site.
$1,035,000 the first year and
$1,035,000 the second year are from the environmental fund to provide
regulatory services to the ethanol, mining, and other developing economic
sectors. Priority shall be for
permitting new and emerging bioenergy crop utilization technologies. This is a onetime appropriation.
$88,000 the first year is
for the endocrine disruptors report required to be completed under this
article.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The commissioner shall
transfer the amount necessary, up to $600,000, from the remediation fund
to the commissioner of health to conduct an evaluation under Minnesota
Statutes, section 115B.17, of
point of use water treatment units at removing perfluorooctanoic
acid, perfluorooctane sulfonate, and perfluorobutanoic acid from known
concentrations of these compounds in drinking water. The evaluation shall be completed by December 31, 2007, and the
commissioner of health may contract for services to complete the evaluation.
By January 15, 2008, the
commissioner shall amend agency rules and,
where legislative action is necessary, provide recommendations to the house of
representatives and senate divisions on environmental finance on water and air
fee changes that will result in revenue to the environmental fund to pay for
regulatory services to the ethanol, mining, and other developing economic
sectors.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for clean water partnership, individual sewage treatment
systems (ISTS), Minnesota River, total maximum daily loads (TMDL's), stormwater
contracts or grants, and local and basinwide water quality protection contracts
or grants in this subdivision are available until June 30, 2011.
Subd. 3. Air 11,003,000 11,270,000
Appropriations by
Fund
Environmental 11,003,000 11,270,000
Up to $150,000 the first
year and $150,000 the second year may be transferred from the environmental
fund to the small business environmental improvement loan account established
in Minnesota Statutes, section 116.993.
$200,000 the first year and
$200,000 the second year are from the environmental fund for a monitoring
program under Minnesota Statutes, section 116.454.
$125,000 the first year and
$125,000 the second year are from the environmental fund for monitoring ambient
air for hazardous pollutants in the metropolitan area.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,140,000 the first year
and $1,140,000 the second year are from the environmental fund to provide
regulatory services to the ethanol, mining, and other developing economic
sectors. Priority shall be for
permitting new and emerging bioenergy crop utilization technologies. This is a onetime appropriation.
Subd. 4. Land 19,081,000 19,151,000
Appropriations by
Fund
General 1,000,000 1,000,000
Environmental 7,065,000 7,065,000
Remediation 11,016,000 11,086,000
All money for environmental
response, compensation, and compliance in the remediation fund not otherwise
appropriated is appropriated to the commissioners of the Pollution Control
Agency and agriculture for purposes of Minnesota Statutes, section 115B.20,
subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall
jointly submit an annual spending plan to the commissioner of finance and the
house and senate chairs of environment and natural resources finance that
maximizes the utilization of resources and appropriately allocates the money
between the two departments. This
appropriation is available until June 30, 2009.
$3,616,000 the first year
and $3,616,000 the second year are from the petroleum tank fund to be
transferred to the remediation fund for purposes of the leaking underground
storage tank program to protect the land.
$252,000 the first year and
$252,000 the second year are from the remediation fund to be transferred to the
Department of Health for private water supply monitoring and health assessment
costs in areas contaminated by unpermitted mixed municipal solid waste disposal
facilities and drinking water advisories and public information activities for
areas contaminated by hazardous releases.
$1,000,000 each year is for
environmental health tracking and biomonitoring. Of this amount, $900,000 each year is for transfer to the
Department of Health. The base
appropriation for this program for fiscal year 2010 and later is $500,000.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 5. Multimedia 5,872,000 5,215,000
Appropriations by
Fund
General 3,006,000 2,349,000
Environmental 2,866,000 2,866,000
$825,000 the first year and
$825,000 the second year are from the environmental fund to provide regulatory
services to the ethanol, mining, and other developing economic sectors. Priority shall be for permitting new and
emerging bioenergy crop utilization technologies. This is a onetime appropriation.
$400,000 the first year is a
onetime appropriation for a grant to the Koochiching Economic Development
Authority for a feasibility study for a plasma torch gasification facility that
converts municipal solid waste into energy and slag.
$300,000 the first year is
for the biomass gasification facilities air emissions study for the purpose of
fully characterizing the air emissions exerted from biomass gasification
facilities across a range of feedstocks.
This is a onetime appropriation.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or before
June 30, 2009, for total maximum daily load (TMDL) contracts or grants are
available until June 30, 2011.
Subd. 6. Environmental Assistance 22,142,000 22,142,000
This appropriation is from
the environmental fund.
$14,000,000 each year is
from the environmental fund for SCORE block grants to counties.
Any unencumbered grant and
loan balances in the first year do not cancel but are available for grants and
loans in the second year.
All money deposited in the
environmental fund for the metropolitan solid waste landfill fee in accordance
with Minnesota Statutes, section 473.843, and not otherwise appropriated, is
appropriated for the purposes of Minnesota Statutes, section 473.844.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$119,000 the first year and
$119,000 the second year are for environmental assistance grants or loans under
Minnesota Statutes, section 115A.0716.
$1,200,000 the first year
and $1,200,000 the second year are from the environmental fund first to retrofit
school buses statewide, including buses for preschool children, and, after
completion, secondly for loans to small trucking firms to install equipment to
reduce fuel consumption. This is a
onetime appropriation.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for environmental assistance grants awarded under
Minnesota Statutes, section 115A.0716, and for technical and research
assistance under Minnesota Statutes, section 115A.152, technical assistance
under Minnesota Statutes, section 115A.52, and pollution prevention assistance
under Minnesota Statutes, section 115D.04, are available until June 30, 2011.
Subd. 7. Administrative Support 1,631,000 1,680,000
The commissioner may
transfer money from the environmental fund to the remediation fund as necessary
for the purposes of the remediation fund under Minnesota Statutes, section
116.155, subdivision 2.
Sec. 4. NATURAL RESOURCES
Subdivision 1. Total Appropriation $255,077,000 $252,416,000
Appropriations by
Fund
2008 2009
General 87,775,000 83,066,000
Natural Resources 77,014,000 77,103,000
Game and Fish 89,988,000 91,947,000
Remediation 100,000 100,000
Permanent School 200,000 200,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Land and Mineral Resources Management
11,747,000 11,272,000
Appropriations by
Fund
General 6,633,000 6,230,000
Natural Resources 3,551,000 3,447,000
Game and Fish 1,363,000 1,395,000
Permanent School 200,000 200,000
$475,000 the first year and
$475,000 the second year are for iron ore cooperative research. Of this amount, $200,000 each year is from
the minerals management account in the natural resources fund and $275,000 each
year is from the general fund. $237,500 the first year and $237,500 the second
year are available only as matched by $1 of nonstate money for each $1 of state
money. The match may be cash or
in-kind.
$86,000 the first year and
$86,000 the second year are for minerals cooperative environmental research, of
which $43,000 the first year and $43,000 the second year are available only as
matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.
$2,800,000 the first year
and $2,696,000 the second year are from the minerals management account in the
natural resources fund for use as provided in Minnesota Statutes, section
93.2236, paragraph (c).
$200,000 the first year and
$200,000 the second year are from the state forest suspense account in the
permanent school fund to accelerate land exchanges, land sales, and commercial
leasing of school trust lands and to identify, evaluate, and lease construction
aggregate located on school trust lands.
This appropriation is to be used for securing maximum long-term economic
return from the school trust lands consistent with fiduciary responsibilities
and sound natural resources conservation and management principles.
$15,000 the first year is
for a report by February 1, 2008, to the house and senate committees with
jurisdiction over environment and natural resources on proposed minimum legal
and conservation standards that could be applied to conservation easements
acquired with public money.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,201,000 the first year
and $701,000 the second year are to support the land records management
system. Of this amount, $326,000 the
first year and $326,000 the second year are from the game and fish fund and
$375,000 the first year and $375,000 the second year are from the natural
resources fund. The commissioner must
report to the legislative chairs on environmental finance on the outcomes of
the land records management support.
$500,000 the first year and
$500,000 the second year are for land asset management. This is a onetime appropriation.
Subd. 3. Water Resources Management 15,051,000 12,522,000
Appropriations by
Fund
General 14,771,000 12,242,000
Natural Resources 280,000 280,000
$310,000 the first year and
$310,000 the second year are for grants associated with the implementation of
the Red River mediation agreement.
$65,000 the first year and
$65,000 the second year are for a grant to the Mississippi Headwaters Board for
up to 50 percent of the cost of implementing the comprehensive plan for the
upper Mississippi within areas under its jurisdiction.
$5,000 the first year and
$5,000 the second year are for payment to the Leech Lake Band of Chippewa
Indians to implement its portion of the comprehensive plan for the upper
Mississippi.
$200,000 the first year and
$200,000 the second year are for the construction of ring dikes under Minnesota
Statutes, section 103F.161. The ring
dikes may be publicly or privately owned.
If the appropriation in either year is insufficient, the appropriation
in the other year is available for it.
The base appropriation for fiscal year 2010 and later is $125,000.
$2,250,000 the first year is
to support the identification of impaired waters and develop plans to address
those impairments, as required by the federal Clean Water Act, in accordance
with Minnesota Statutes, chapter 114D.
This is a onetime appropriation.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
By January 15, 2008, the
commissioner shall commence rulemaking under Minnesota Statutes, chapter 14, to
update the minimum shoreland standards in Minnesota Rules, chapter 6120.
$60,000 the first year is a
onetime appropriation to the commissioner of natural resources to conduct a
feasibility study in conjunction with U.S. Army Corps of Engineers on the
foundation and hydraulics of the Rapidan Dam in Blue Earth County. This appropriation must be equally matched
by Blue Earth County, and is available until expended.
$500,000 in fiscal year 2008
is for addressing surface and groundwater issues related to the development and
expansion of ethanol production.
Subd. 4. Forest Management 44,495,000 43,393,000
Appropriations by
Fund
General 24,755,000 24,836,000
Natural Resources 19,483,000 18,293,000
Game and Fish 257,000 264,000
$7,217,000 the first year
and $7,217,000 the second year are for prevention, presuppression, and
suppression costs of emergency firefighting and other costs incurred under
Minnesota Statutes, section 88.12. If
the appropriation for either year is insufficient to cover all costs of
presuppression and suppression, the amount necessary to pay for these costs
during the biennium is appropriated from the general fund.
By November 15 of each year,
the commissioner of natural resources shall submit a report to the chairs of
the house and senate committees and divisions having jurisdiction over
environment and natural resources finance, identifying all firefighting costs
incurred and reimbursements received in the prior fiscal year. These appropriations may not be
transferred. Any reimbursement of
firefighting expenditures made to the commissioner from any source other than
federal mobilizations shall be deposited into the general fund.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$17,983,000 the first year
and $18,293,000 the second year are from the forest management investment
account in the natural resources fund for only the purposes specified in
Minnesota Statutes, section 89.039, subdivision 2.
Of this amount:
(1) $750,000 each year is
for additional staff to enhance timber sales;
(2) $1,000,000 each year is
for forest improvements;
(3) $1,100,000 each year is
for forest road maintenance;
(4) $600,000 each year is
for the ecological classification system on state forest lands;
(5) $350,000 each year is
for the prevention of invasive species on state forest lands; and
(6) $400,000 each year is
for the re-inventory of state forest lands.
Money for forest road
maintenance is onetime.
$780,000 the first year and
$780,000 the second year are for the Forest Resources Council for
implementation of the Sustainable Forest Resources Act.
$40,000 the first year is
for the Forest Resources Council to provide a grant to the University of
Minnesota to prepare a statewide plan to address the fragmentation and
parcelization of large blocks of forest land in the state.
$200,000 in fiscal year 2008
is for a grant to the Forest Resources Research Advisory Committee to provide
direction on research topics recommended by the governor's task force on the
competitiveness of Minnesota's primary forest products industry.
$350,000 the first year and
$350,000 the second year are for the FORIST
timber management information system, other information systems, and for
increased forestry management. The
amount in the second year is also available in the first year.
$257,000 the first year and
$264,000 the second year are from the game and fish fund to implement
ecological classification systems (ECS) standards on forested landscapes. This appropriation is from revenue deposited
in the game and fish fund under Minnesota Statutes, section 297A.94, paragraph (e),
clause (1).
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$110,000 the first year is
to develop and implement a statewide information and education campaign
regarding the statewide ban on the transport, storage, or use of nonapproved
firewood on state-administered lands.
$1,500,000 the first year is
from the forest management investment account in the natural resources fund for
the purposes of section 157. This is a
onetime appropriation.
$75,000 the first year is to
the Forest Resources Council for a task force on forest protection and $75,000
the second year is appropriated to the commissioner for grants to cities,
counties, townships, special recreation areas, and park and recreation boards
in cities of the first class for the identification, removal, disposal, and
replacement of dead or dying shade trees lost to forest pests or disease. For purposes of this section, "shade
tree" means a woody perennial grown primarily for aesthetic or
environmental purposes with minimal to residual timber value. The commissioner shall consult with
municipalities; park and recreation boards in cities of the first class;
nonprofit organizations; and other interested parties in developing eligibility
criteria.
$200,000 in fiscal year 2008
is for a grant to the Natural Resources Research Institute for silvicultural
research to improve the quality and quantity of timber fiber. The appropriation must be matched in the
amount of $200,000 in cash or in-kind contributions from the forest products
industry members of the Minnesota Forest Productivity Research Cooperative.
$1,000,000 the first year
and $1,000,000 the second year are to support additional technical and
cost-share assistance to nonindustrial private forest (NIPF) landowners. The base appropriation in fiscal year 2010
and later is $500,000.
$200,000 the first year and
$200,000 the second year are to address escalating land asset management
demands, such as boundary disputes, access easements, and sale, exchange, and
acquisition of forest lands.
Subd. 5. Parks and Recreation Management 35,324,000 36,319,000
Appropriations by
Fund
General 20,743,000 21,283,000
Natural Resources 14,581,000 15,036,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$640,000 the first year and
$640,000 the second year are from the water recreation account in the natural
resources fund for state park water access projects.
$150,000 in the first year
and $150,000 in the second year are for additional interpretative services.
$3,996,000 the first year
and $3,996,000 the second year are from the natural resources fund for state
park and recreation area operations.
This appropriation is from the revenue deposited in the natural
resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause
(2).
$10,000 in the first year is
for payment of expenses of the Cuyuna Country State Recreation Area Citizens
Advisory Council.
The appropriation in Laws
2003, chapter 128, article 1, section 5, subdivision 6, from the water
recreation account in the natural resources fund for a cooperative project with
the United States Army Corps of Engineers to develop the Mississippi Whitewater
Park is available until June 30, 2009.
The project must be designed to prevent the spread of aquatic invasive
species.
$500,000 the first year and
$750,000 the second year are from the natural resources fund for increased park
maintenance work, resource management projects, and conservation education for
park users.
Subd. 6. Trails and Waterways Management 30,257,000 30,492,000
Appropriations by
Fund
General 2,538,000 2,568,000
Natural Resources 25,600,000 25,730,000
Game and Fish 2,119,000 2,194,000
$8,424,000 the first year
and $8,424,000 the second year are from the snowmobile trails and enforcement
account in the natural resources fund for snowmobile grants-in-aid. The additional money under this item may be
used for new grant-in-aid trails. Any
unencumbered balance does not cancel at the end of the first year and is available
for the second year.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,175,000 the first year
and $1,325,000 the second year are from the natural resources fund for
off-highway vehicle grants-in-aid. Of
this amount, $825,000 the first year and $1,075,000 the second year are from
the all-terrain vehicle account; $150,000 each year is from the off-highway
motorcycle account; and $200,000 the first year and $100,000 the second year
are from the off-road vehicle account.
Any unencumbered balance does not cancel at the end of the first year
and is available for the second year.
$261,000 the first year and
$261,000 the second year are from the water recreation account in the natural
resources fund for a safe harbor program on Lake Superior.
$742,000 the first year and
$760,000 the second year are from the natural resources fund for state trail
operations and maintenance. The money
may be used for trail maintenance, signage, mapping, interpretation, native
prairie restoration using best management practices, and maintenance of
nonmotorized forest trails. This
appropriation is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
$655,000 the first year and
$655,000 the second year are from the natural resources fund for trail grants
to local units of government on land to be maintained for at least 20 years for
the purposes of the grant. This
appropriation is from the revenue deposited in the natural resources fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (4).
$150,000 the first year and
$150,000 the second year are from the all-terrain vehicle account for two
all-terrain vehicle trail specialists to assist and consult with on all-terrain
vehicle grant-in-aid education and training for sustainable trail development
and maintenance, as well as providing training for public and private sector
trail monitoring. The specialists may
assist in the evaluation of grant-in-aid trail proposals, but not in the
promotion of new trails.
$1,965,000 the first year
and $2,040,000 the second year are from the game and fish fund for expenditures
on water access sites according to the requirements of the federal sport and
fish restoration program.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Money appropriated under
Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
6, paragraph (h), for the Paul Bunyan State Trail connection is available until
June 30, 2008.
$400,000 each year is for
operation and maintenance of nonmotorized trails within state forests. This is a onetime appropriation.
$75,000 each year is for
additional wild and scenic rivers program activities.
$120,000 the first year is
from the water recreation account in the natural resources fund to cooperate
with local units of government in marking routes and designating river accesses
and campsites under Minnesota Statutes, section 85.32. This is a onetime appropriation and
available until spent.
The appropriation in Laws
2005, First Special Session chapter 1, article 2, section 3, subdivision 6,
from the lottery in lieu account in the natural resources fund for trail grants
to local units of government, is available until June 30, 2009.
Subd. 7. Fish and Wildlife Management 67,191,000 68,533,000
Appropriations by
Fund
General 3,459,000 3,479,000
Natural Resources 1,876,000 1,876,000
Game and Fish 61,856,000 63,178,000
$410,000 the first year and
$418,000 the second year are for resource population surveys in the 1837 treaty
area. Of this amount, $274,000 the
first year and $288,000 the second year are from the game and fish fund.
$1,790,000 the first year
and $1,790,000 the second year are from the wildlife acquisition surcharge
account for only the purposes of land costs as specified in Minnesota Statutes,
section 97A.071, subdivision 2a. This
appropriation is available until spent.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$8,061,000 the first year
and $8,167,000 the second year are from the heritage enhancement account in the
game and fish fund only for activities that improve, enhance, or protect fish
and wildlife resources as specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
Notwithstanding Minnesota Statutes, section 297A.94, money under this
paragraph may be used for expanding hunter and angler recruitment and retention
and public land user facilities. Of
this amount, $1,175,000 each year is for preserving, restoring, and enhancing
grassland/wetland complexes.
Notwithstanding Minnesota
Statutes, section 84.943, $13,000 the first year and $13,000 the second year
from the critical habitat private sector matching account may be used to
publicize the critical habitat license plate match program.
$830,000 the first year and
$830,000 the second year are from the trout and salmon management account for
only the purposes specified in Minnesota Statutes, section 97A.075, subdivision
3.
$1,353,000 the first year
and $1,353,000 the second year are from the deer habitat improvement account
for only the purposes specified in Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
$715,000 the first year and
$715,000 the second year are from the deer and bear management account for only
the purposes specified in Minnesota Statutes, section 97A.075, subdivision 1,
paragraph (c).
$700,000 the first year and
$700,000 the second year are from the waterfowl habitat improvement account for
only the purposes specified in Minnesota Statutes, section 97A.075, subdivision
2.
$875,000 the first year and
$875,000 the second year are from the pheasant habitat improvement account for
only the purposes specified in Minnesota Statutes, section 97A.075, subdivision
4.
$172,000 the first year and
$172,000 the second year are from the wild turkey management account for only
the purposes specified in Minnesota Statutes, section 97A.075, subdivision
5. Of this amount, $8,000 the first
year and $8,000 the second year are appropriated from the game and fish fund
for transfer to the wild turkey management account for purposes specified in
Minnesota Statutes, section 97A.075, subdivision 5.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$108,000 the first year and
$108,000 the second year are from the game and fish fund for costs associated
with administering fishing contest permits.
$186,000 the first year and
$132,000 the second year are to accelerate wildlife health programs. $54,000 in
the first year is for fencing cattle-feeding areas in bovine tuberculosis
control zones, under the emergency deterrent materials assistance program in
Minnesota Statutes, section 97A.028, subdivision 3. This appropriation is available until June 30, 2009. $61,000 of
this amount is permanent.
$575,000 the first year and
$575,000 the second year are for preserving, restoring, and enhancing
grassland/wetland complexes on public or private lands.
The commissioner must report
to the legislative chairs on environmental finance for money appropriated in
this subdivision on grassland/wetland complexes with specific outcomes,
including acres of wetlands and prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the 2008-2009 biennium.
$150,000 the first year and
$150,000 the second year are from the game and fish fund for the roadsides for
wildlife program.
$175,000 in the first year
and $175,000 in the second year are for grants to Let's Go Fishing of Minnesota
to promote opportunities for fishing.
The grants must be matched with cash or in-kind contributions from
nonstate sources. It is a condition of
acceptance of this appropriation that Let's Go Fishing of Minnesota must submit
a work program and annual progress reports in the form and manner determined by
the commissioner of natural resources to the Budgetary Oversight
Committee. The work program must
identify capital expenditures and leases over $2,000 and annual reports must
describe the use of that capital equipment throughout its useful life. None of the money provided may be spent
unless the commissioner has approved the work program. This is a onetime appropriation.
$90,000 each year from the
game and fish fund is to staff the Budgetary Oversight Committee.
By November 15, 2008, the
commissioner, in consultation with the Budgetary Oversight Committee,
established in Minnesota Statutes, section 97A.055, subdivision 4b, paragraph
(c), shall report to the house of representatives and senate policy and finance
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
committees and divisions
with jurisdiction over natural resources on game and fish fund receipt and
expenditure imbalances between hunting-related and fishing-related
activities. The report shall include,
but is not limited to:
(1) a table showing the
allocation of game and fish fund receipts and expenditures related to fishing
and hunting activities for fiscal years 1989 to 2007 and projected receipts and
expenditures for fiscal years 2008 and 2009;
(2) recommendations for
short-term changes to correct any imbalances; and
(3) recommendations for
long-term changes that will ensure that fishing license revenue is adequate to
cover fishing-related expenditures and hunting license revenue is adequate to
cover hunting-related expenditures.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for aquatic restoration grants and wildlife habitat
grants are available until June 30, 2010.
The commissioner of finance
shall transfer $160,000 in fiscal year 2008 to the special revenue fund for the
account under Minnesota Statutes, section 97A.065, subdivision 6.
Subd. 8. Ecological Services 16,175,000 14,476,000
Appropriations by
Fund
General 8,597,000 6,531,000
Natural Resources 3,696,000 3,994,000
Game and Fish 3,882,000 3,951,000
$1,194,000 the first year
and $1,227,000 the second year are from the nongame wildlife management account
in the natural resources fund for the purpose of nongame wildlife management.
Notwithstanding Minnesota
Statutes, section 290.431, $100,000 the first year and $100,000 the second year
may be used for nongame information, education, and promotion.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,612,000 the first year
and $1,636,000 the second year are from the heritage enhancement account in the
game and fish fund for only the purposes specified in Minnesota Statutes,
section 297A.94, paragraph (e), clause (1).
The commissioner must report
to the legislative chairs on environmental finance for money appropriated in
this subdivision on grassland/wetland complexes with specific outcomes,
including acres of wetlands and prairie grasses and forbs of a local ecotype
preserved, restored, and enhanced during the 2008-2009 biennium.
$2,938,000 in the first year
and $4,385,000 in the second year, of which $1,968,000 the first year and
$2,195,000 the second year are from the invasive species account in the natural
resources fund for law enforcement and water access inspection to prevent the
spread of invasive species, grants to manage invasive plants in public waters,
technical assistance to grant applicants for improving lake quality, and
management of terrestrial invasive species on state-administered lands. Priority shall be given to preventing the
spread of aquatic invertebrates, including, but not limited to, zebra mussels,
spiny waterflea, and round goby. An applicant
for a grant to manage invasive plants in public waters must have a workable
plan for improving water quality and reducing the need for additional
treatment. Grants may not be made for
chemicals that are likely endocrine disruptors. A plan to prevent the introduction of asian carp into Minnesota
waters must be made available to the public by November 1, 2007.
$125,000 the first year is
to support a technical advisory committee and for land management units that
manage grass lands in order to develop plans to optimize native prairie seed
harvest and replanting on state-owned lands.
The work must use best management practices with an outcome of ensuring
the survival of the native prairie remaining in Minnesota and to estimate the
value of the seeds. Maximizing seed
harvest may include allowing seed producers to keep a portion of the seed as
compensation for supplying equipment and labor. The Department of Natural Resources in cooperation with the
Department of Agriculture and the Board of Water and Soil Resources shall
establish the technical advisory committee which has the expertise to develop
(1) criteria to identify public and private marginal lands which could be used
to produce native prairie seeds of a local eco-type or restore native prairies
that could be used to produce clean energy, (2) guidelines for production that
ensure high carbon sequestration, protection of wildlife and waters, and
minimization of inputs and that do not compromise
the survival of the native prairie remaining in
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Minnesota, and (3)
recommendations for incentives that will result in the production of native
prairie seeds of a local eco-type or restore native prairies. In addition to agency members, the advisory
committee shall have one member from each of two statewide farm organizations,
one member from a statewide sustainable farmer organization, one member each
from three statewide rural economic development organizations, one member each
from three statewide environmental organizations, and one member each from
three statewide wildlife or conservation organizations. No person registered as a lobbyist under
Minnesota Statutes, section 10A.03, may serve on the technical advisory
committee. The technical committee
shall work with the NextGen Energy Board to develop a clean energy
program. A report on outcomes from the
technical committee is due December 15, 2007, to the legislative finance chairs
on environment and natural resources.
$50,000 in the first year is
for the commissioner, in consultation with the Environmental Quality Board, to
report to the house and senate committees having jurisdiction over
environmental policy and finance by February 1, 2008, on the Mississippi River
critical area program. The report shall
include the status of critical area plans, zoning ordinances, the number and
types of revisions anticipated, and the nature and number of variances
sought. The report shall include
recommendations that adequately protect and manage the aesthetic integrity and
natural environment of the river corridor.
$2,250,000 the first year is
to support the identification of impaired waters and develop plans to address
those impairments, as required by the federal Clean Water Act, in accordance
with Minnesota Statutes, chapter 114D.
This is a onetime appropriation.
$477,000 the first year and
$477,000 the second year are for the reinvest in Minnesota programs of game and
fish, critical habitat, and wetlands established under Minnesota Statutes,
section 84.95, subdivision 2.
$350,000 the first year is
for a grant to the International Wolf Center for building renovations.
$500,000 the first year is
for a grant to the city of Wabasha for programming at the National Bald Eagle
Center.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$100,000 the first year is
for a grant to the Wildlife Rehabilitation Center of Minnesota to retire loans
incurred by the center for construction of its facility in the city of
Roseville and to complete educational technology infrastructure at the center.
$115,000 in the first year
and $116,000 in the second year is for the Project Wild program. Of this amount, $35,000 in the first year
and $36,000 in the second year are from the natural resources fund, and $40,000
in the first year and $40,000 in the second year are from the game and fish
fund.
$150,000 each year is from
the all-terrain vehicle account in the natural resources fund for developing
and maintaining all-terrain vehicle trails and environmental review.
Subd. 9. Enforcement 30,549,000 31,596,000
Appropriations by
Fund
General 3,564,000 3,648,000
Natural Resources 7,463,000 7,963,000
Game and Fish 19,422,000 19,885,000
Remediation 100,000 100,000
Until June 30, 2009, a
conservation officer must be stationed at Mississippi Headwaters State Forest
to work with local jurisdictions in enforcing state law along the Mississippi
River from Lake Itasca downstream to Lake Bemidji and in the Bemidji region.
$1,082,000 the first year
and $1,082,000 the second year are from the water recreation account in the
natural resources fund for grants to counties for boat and water safety.
$100,000 the first year and
$100,000 the second year are from the remediation fund for solid waste
enforcement activities under Minnesota Statutes, section 116.073.
$315,000 the first year and
$315,000 the second year are from the snowmobile trails and enforcement account
in the natural resources fund for grants to local law enforcement agencies for
snowmobile enforcement activities.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,164,000 the first year
and $1,164,000 the second year are from the heritage enhancement account in the
game and fish fund for only activities that improve, enhance, or protect fish
and wildlife resources specified in Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
Overtime must be distributed
to conservation officers at historical levels; however, a reasonable reduction
or addition may be made to the officer's allocation, if justified, based on an
individual officer's workload. If
funding for enforcement is reduced because of an unallotment, the overtime bank
may be reduced in proportion to reductions made in other areas of the budget.
$325,000 the first year and
$325,000 the second year are from the natural resources fund for grants to
county law enforcement agencies for off-highway vehicle enforcement and public
education activities based on off-highway vehicle use in the county. Of this amount, $313,000 each year is from
the all-terrain vehicle account; $11,000 each year is from the off-highway
motorcycle account; and $1,000 each year is from the off-road vehicle
account. The county enforcement
agencies may use money received under this appropriation to make grants to
other local enforcement agencies within the county that have a high
concentration of off-highway vehicle use.
Of this appropriation, $25,000 each year is for administration of these
grants.
$250,000 the first year and
$250,000 the second year are from the all-terrain vehicle account for grants to
qualifying organizations to assist in safety and environmental education and
monitoring trails on public lands under new Minnesota Statutes, section
84.9011. Grants issued under this
paragraph: (1) must be issued through a
formal agreement with the organization; and (2) must not be used as a
substitute for traditional spending by the organization. By December 15, each year, an organization
receiving a grant under this paragraph shall report to the commissioner with
details on expenditures from the grant.
Of this appropriation, $25,000 each year is for administration of these
grants.
The commissioner must
publicize opportunities for conservation officer employment and recruit, when
possible, conservation officer candidates from the biological sciences
departments at colleges and universities.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 10. Operations Support 4,288,000 3,813,000
Appropriations by
Fund
General 2,715,000 2,249,000
Natural Resources 484,000 484,000
Game and Fish 1,089,000 1,080,000
$38,000 in the first year is
from the game and fish fund for the study on the natural stands of wild rice
required in this article.
$270,000 the first year and
$270,000 the second year are from the natural resources fund for grants to be
divided equally between the city of St. Paul for the Como Zoo and Conservatory
and the city of Duluth for the Duluth Zoo.
This appropriation is from the revenue deposited to the fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (5).
$55,000 in the first year
and $7,000 in the second year are to be transferred to the Environmental
Quality Board to fulfill the requirement of Minnesota Statutes, sections
116C.92 and 116C.94.
$475,000 the first year is a
onetime appropriation for terrestrial and geologic carbon sequestration reports
and studies in this article. Of this
amount, the commissioner shall make payments of $385,000 to the Board of
Regents of the University of Minnesota for the purposes of terrestrial carbon
sequestration activities, and $90,000 to the Minnesota Geological Survey for
the purposes of geologic carbon sequestration assessment.
Sec. 5. BOARD OF WATER AND SOIL RESOURCES
$32,153,000 $17,482,000
$4,102,000 the first year
and $4,102,000 the second year are for natural resources block grants to local
governments. The board may reduce the
amount of the natural resources block grant to a county by an amount equal to
any reduction in the county's general services allocation to a soil and water
conservation district from the county's previous year allocation when the board
determines that the reduction was disproportionate. Grants must be matched with a combination of local cash or
in-kind contributions. The base grant
portion related to water planning must be matched by an amount that would be
raised by a levy under Minnesota Statutes, section 103B.3369.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$3,566,000 the first year
and $3,566,000 the second year are for grants requested by soil and water
conservation districts for general purposes, nonpoint engineering, and
implementation of the reinvest in Minnesota conservation reserve program. Upon approval of the board, expenditures may
be made from these appropriations for supplies and services benefiting soil and
water conservation districts. Any
district requesting a grant under this paragraph shall create and maintain a
Web page that publishes, at a minimum, its annual plan, annual report, annual
audit, and annual budget, including membership dues and meeting notices and
minutes.
$3,285,000 the first year
and $3,285,000 the second year are for grants to soil and water conservation
districts for cost-sharing contracts for erosion control and water quality
management. Of this amount, at least
$1,200,000 the first year and $1,200,000 the second year are for grants for
cost-sharing contracts to establish and maintain vegetation buffers of restored
native prairie and restored prairie using seeds of a local ecotype region.
$300,000 the first year and $300,000 the second year are available to begin
county cooperative weed management programs on natural lands and private lands
enrolled in state and federal conservation programs and to restore native
plants in selected invasive species management sites by providing local native
seeds and plants to landowners for implementation. This appropriation is available until expended. If the appropriation in either year is
insufficient, the appropriation in the other year is available for it. Notwithstanding Minnesota Statutes, section
103C.501, any balance in the board's cost-share program that remains from the
fiscal year 2007 appropriation is available in an amount up to $2,000 for a
grant to the Faribault Soil and Water Conservation District to pay for erosion
repair on the Blue Earth River, and up to $40,000 is available for grants to
soil and water conservation districts for Web site development and reporting;
and $100,000 in fiscal years 2008 and 2009 is for evaluating and reporting on
performance, financial, and activity information of local water management
entities as provided for in section 103.
The board shall develop a
forestry practice docket for cost-share money.
The board shall develop standards or policies for cost-share practices
for the following purposes: (1)
establishment and maintenance of vegetated buffers of restored prairie or
restored native prairie using seeds of a local ecotype; (2) establishment of
cooperative weed management programs on private natural lands and lands
enrolled in state and federal conservation programs and restoration of native
plants in selected invasive species management sites by providing local native
seeds and plants to landowners; and (3) establishment of soil and water
conservation and ecological improvement practices on private forest lands.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$100,000 the first year and
$100,000 the second year are for a grant to the Red River Basin Commission to
develop a Red River basin plan and to coordinate water management activities in
the states and provinces bordering the Red River. The unencumbered balance in the first year does not cancel but is
available for the second year.
$14,166,000 is for
implementation of the Clean Water Legacy Act, in accordance with Minnesota
Statutes, chapter 114D, as follows:
(1) $3,316,000 is for
targeted nonpoint restoration cost-share and incentive payments, of which up to
$3,116,000 is available for grants. Of
this amount, $1,500,000 is for agricultural watershed restoration projects that
are located in a watershed impaired by nonpoint agricultural sources and are
designed to provide long-term restoration of surface water quality through
restoration of the natural hydrological function to working lands. Of this amount, $500,000 must be contracted
for services with the Minnesota Conservation Corps. The grant funds are available until expended;
(2) $3,000,000 is for
targeted nonpoint restoration and protection and technical, compliance, and
engineering assistance activities, of which up to $2,400,000 is available for
grants, and $225,000 the first year is to inventory wetland mitigation
opportunities and water quality and watershed improvement projects in a greater
than 80 percent area and of which $150,000 the first year is to conduct a
regionwide wetland mitigation siting analysis for greater than 80 percent
areas. The $225,000 amount shall
include an inventory of the wetland and water resources that have been
developed on former mine lands and an analysis of the functions and values of
those wetland and water resources. This
is a onetime appropriation and is available until June 30, 2009. The $150,000 amount for analysis shall (i)
evaluate wetland mitigation opportunities in each watershed and wetland bank
service area, (ii) develop goals for maintaining water quality in the greater
than 80 percent areas, and (iii) identify wetland mitigation opportunities in
other regions with a greater loss of wetlands or with impaired waters. This is a onetime appropriation and is
available until June 30, 2009. A report
on the analysis outcomes shall be given to the house and senate chairs of the
environment and natural resources policy and finance committees by January 15,
2009;
(3) $400,000 is for
reporting and evaluating applied soil and water conservation practices;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(4) $2,450,000 is for grants
to implement county individual sewage treatment system programs. Of this amount, after a county has complied
with requirements to adopt ordinances pursuant to Minnesota Statutes, section
115.55, subdivision 2, the county may request grants of up to $130,000 to
inventory properties with individual sewage treatment systems that are an imminent
threat to public health or safety due to water discharges of untreated sewage,
and require compliance under an applicable ordinance. The grant amount shall be proportional to the number of
properties expected to be
inventoried. Each county receiving an
appropriation under this paragraph shall report the number of inspections and
the number determined to be an imminent threat to public health or safety to
the Pollution Control Agency by February 1 of each year;
(5) $3,000,000 is for
feedlot water quality grants for feedlots under 300 animal units where there
are impaired waters;
(6) $1,000,000 in fiscal
year 2008 is for grants to support local nonpoint source protection activities
related to lake and river protection and management; and
(7) $1,000,000 in fiscal
year 2008 is for grants to address imminent threat and failing individual
sewage treatment systems.
If the appropriations in
clauses (1) to (7) in either year are insufficient, the appropriation in the
other year is available for it. All of
the money appropriated in clauses (1) to (7) as grants to local governments
shall be administered through the Board of Water and Soil Resources' local
water resources protection and management program under Minnesota Statutes,
section 103B.3369.
$100,000 each year is to the
Minnesota River Basin Joint Powers Board, also known as the Minnesota River
Board, for operating expenses to measure and report the results of projects in
the 12 major watersheds within the Minnesota River basin.
By January 1, 2008, the
board shall report to the senate and house of representatives environmental
finance divisions on the financial needs to bring all feedlots in the state
that are under 300 animal units into compliance with Pollution Control Agency
rules by October 1, 2010, and comply with the requirements of Minnesota
Statutes, section 116.07, subdivision 7, paragraph (p).
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$140,000 the first year and
$140,000 the second year are for a grant to Area II, Minnesota River Basin
Projects, for floodplain management, including administration of programs.
$1,120,000 the first year
and $1,060,000 the second year may be spent for the following purposes to
support implementation of the Wetland Conservation Act: $250,000 each year is
to make grants to local units of governments within the 11-county metropolitan
area to improve response to major wetland violations; $250,000 each year is for
transfer to the commissioner of natural resources for enforcement of wetland
violations; $500,000 each year is for staffing to provide adequate state
oversight and technical support to local governments administering the Wetland
Conservation Act; $60,000 each year is for staff to monitor and enforce wetland
replacement and wetland bank sites; and $60,000 the first year is for
rulemaking required by changes to the Wetland Conservation Act. The board must include in its biennial
report to the legislature information on all state and local units of
government, including special purpose districts, impacts on wetlands in the
state.
$450,000 the first year and
$800,000 the second year are to implement recommendations of the Drainage Work
Group to enhance public drainage and modernization as follows: $150,000 the
first year is to develop guidelines for drainage records preservation and
modernization; $500,000 the second year is for cost-share grants to local
governments for public drainage records modernization; and $300,000 each year
is to provide assistance to local drainage management officials, to facilitate
the work of the Drainage Work Group, to staff a drainage assistance team, and
to update the Minnesota Public Drainage Manual. All of the money appropriated in this paragraph as grants to
local governments shall be administered through the Board of Water and Soil
Resources' local water resources protection and management program under
Minnesota Statutes, section 103B.3369.
In addition to other
authorities, the Board of Water and Soil Resources may reduce, withhold, or
redirect grants and other funding if the local water management entity has not
corrected deficiencies as prescribed in a notice from the board within one year
from the date of the notice.
$500,000 the first year is
to provide grants for bioenergy crop research and monitoring, including, but
not limited to, water quality, water quantity utilized, soil carbon storage,
biological diversity, wildlife and habitat impacts and benefits, and small diameter woody bioenergy. Of this
amount, $300,000 is for a
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
grant to the Minnesota
Forest Resources Council for conducting site level ecological research and
assessments as identified by the council's biomass technical committee. Additional money from other sources should
be sought to accomplish this purpose.
$200,000 in fiscal year 2008
is to develop clean energy program guidelines and standards.
$200,000 is for a grant to
the city of Gaylord to construct and reconstruct storm water sewer drains and
related facilities to divert water that currently drains into Lake Titlow into
holding ponds south of the city. The
cost of reconstructing city streets as part of this diversion, and as outlined
in the city of Gaylord's street improvement plan, is the responsibility of the
city. This diversion will keep
phosphorus and other chemicals from entering the lake, and will improve the
water quality of Lake Titlow.
The appropriations for
grants in this section are available until expended. If an appropriation for grants in either year is insufficient,
the appropriation in the other year is available for it.
Sec. 6. METROPOLITAN COUNCIL $8,620,000 $8,620,000
Appropriations by
Fund
2008 2009
General 4,050,000 4,050,000
Natural Resources 4,570,000 4,570,000
$4,050,000 the first year
and $4,050,000 the second year are for metropolitan area regional parks
maintenance and operations.
$4,570,000 the first year
and $4,570,000 the second year are from the natural resources fund for
metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).
Sec. 7. MINNESOTA CONSERVATION CORPS $1,015,000 $965,000
Appropriations by
Fund
2008 2009
General 525,000 475,000
Natural Resources 490,000 490,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The Minnesota Conservation
Corps may receive money appropriated from the natural resources fund under this
section only as provided in an agreement with the commissioner of natural
resources.
$50,000 is to be used for
learning stipends for deaf students and wages for interpreters participating in
its summer youth program. The appropriation
is available until June 30, 2009.
Sec. 8. ZOOLOGICAL BOARD $7,137,000 $7,331,000
Appropriations by
Fund
2008 2009
General 7,000,000 7,193,000
Natural Resources 137,000 138,000
$137,000 the first year and
$138,000 the second year are from the natural resources fund from the revenue
deposited under Minnesota Statutes, section 297A.94, paragraph (e), clause (5).
The general fund base budget
for the Zoological Board is $7,068,000 each year in the 2010-2011 biennium.
Sec. 9. SCIENCE MUSEUM OF MINNESOTA $1,250,000 $1,250,000
Sec. 10. Minnesota Statutes 2006, section 10A.01,
subdivision 35, is amended to read:
Subd. 35. Public
official. "Public
official" means any:
(1) member of the
legislature;
(2) individual employed by
the legislature as secretary of the senate, legislative auditor, chief clerk of
the house, revisor of statutes, or researcher, legislative analyst, or attorney
in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer
in the executive branch and the officer's chief administrative deputy;
(4) solicitor general or
deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy
commissioner, or assistant commissioner of any state department or agency as
listed in section 15.01 or 15.06, or the state chief information officer;
(6) member, chief
administrative officer, or deputy chief administrative officer of a state board
or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter
14;
(7) individual employed in
the executive branch who is authorized to adopt, amend, or repeal rules under
chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of
the State Board of Investment;
(9) deputy of any official
listed in clauses (7) and (8);
(10) judge of the Workers'
Compensation Court of Appeals;
(11) administrative law
judge or compensation judge in the State Office of Administrative Hearings or
referee in the Department of Employment and Economic Development;
(12) member, regional
administrator, division director, general counsel, or operations manager of the
Metropolitan Council;
(13) member or chief
administrator of a metropolitan agency;
(14) director of the
Division of Alcohol and Gambling Enforcement in the Department of Public
Safety;
(15) member or executive
director of the Higher Education Facilities Authority;
(16) member of the board of
directors or president of Minnesota Technology, Inc.;
(17) member of the board of
directors or executive director of the Minnesota State High School League;
(18) member of the Minnesota
Ballpark Authority established in section 473.755; or
(19) citizen member of the
Legislative-Citizen Commission on Minnesota Resources.;
(20) manager of a watershed
district, or member of a watershed management organization as defined under
section 103B.205, subdivision 13; or
(21) supervisor of a soil
and water conservation district.
Sec. 11. Minnesota Statutes 2006, section 15.99,
subdivision 3, is amended to read:
Subd. 3. Application;
extensions. (a) The time limit in
subdivision 2 begins upon the agency's receipt of a written request containing
all information required by law or by a previously adopted rule, ordinance, or
policy of the agency, including the applicable application fee. If an agency receives a written request that
does not contain all required information, the 60-day limit starts over only if
the agency sends written notice within 15 business days of receipt of the
request telling the requester what information is missing.
(b) If a request relating to
zoning, septic systems, watershed district review, soil and water conservation
district review, or expansion of the metropolitan urban service area requires
the approval of more than one state agency in the executive branch, the 60-day
period in subdivision 2 begins to run for all executive branch agencies on the
day a request containing all required information is received by one state
agency. The agency receiving the
request must forward copies to other state agencies whose approval is required.
(c) An agency response,
including an approval with conditions, meets the 60-day time limit if the
agency can document that the response was sent within 60 days of receipt of the
written request. Failure to satisfy
the conditions, if any, may be a basis to revoke or rescind the approval by the
agency and will not give rise to a claim that the 60-day limit was not met.
(d) The time limit in subdivision
2 is extended if a state statute, federal law, or court order requires a
process to occur before the agency acts on the request, and the time periods
prescribed in the state statute, federal law, or court order make it impossible
to act on the request within 60 days.
In cases described in this paragraph, the deadline is extended to 60
days after completion of the last process required in the applicable statute,
law, or order. Final approval of an
agency receiving a request is not considered a process for purposes of this
paragraph.
(e) The time limit in
subdivision 2 is extended if: (1) a
request submitted to a state agency requires prior approval of a federal
agency; or (2) an application submitted to a city, county, town, school
district, metropolitan or regional entity, or other political subdivision
requires prior approval of a state or federal agency. In cases described in this paragraph, the deadline for agency
action is extended to 60 days after the required prior approval is granted.
(f) An agency may extend the
time limit in subdivision 2 before the end of the initial 60-day period by
providing written notice of the extension to the applicant. The notification must state the reasons for
the extension and its anticipated length, which may not exceed 60 days unless
approved by the applicant.
(g) An applicant may by
written notice to the agency request an extension of the time limit under this
section.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2006, section 16A.531,
subdivision 1a, is amended to read:
Subd. 1a. Revenues. The following revenues must be deposited in
the environmental fund:
(1) all revenue from the
motor vehicle transfer fee imposed under section 115A.908;
(2) all fees collected under
section 116.07, subdivision 4d;
(3) all money collected by
the Pollution Control Agency in enforcement matters as provided in section
115.073;
(4) all revenues from
license fees for individual sewage treatment systems under section 115.56;
(5) all loan repayments
deposited under section 115A.0716;
(6) all revenue from
pollution prevention fees imposed under section 115D.12;
(7) all loan repayments
deposited under section 116.994;
(8) all fees collected under
section 116C.834;
(9) revenue collected from
the solid waste management tax pursuant to chapter 297H;
(10) fees collected under
section 473.844; and
(11) interest accrued on the
fund; and
(12) money received in the form
of gifts, grants, reimbursement, or appropriation from any source for any of
the purposes provided in subdivision 2, except federal grants
Sec. 13. [17.035]
VENISON DISTRIBUTION AND REIMBURSEMENT.
Subdivision 1. Reimbursement. A meat processor holding a license under
chapter 28A may apply to the commissioner of agriculture for reimbursement of
$70 towards the cost of processing donated deer. The meat processor shall deliver the deer, processed into cuts or
ground meat, to a charitable organization that is registered under chapter 309
and with the commissioner of agriculture and that operates a food assistance
program. To request reimbursement, the
processor shall submit an application, on a form prescribed by the commissioner
of agriculture, the tag number under which the deer was taken, and a receipt
for the deer from the charitable organization.
Subd. 2. Distribution. (a) The commissioner of agriculture shall
ensure the equitable statewide distribution of processed deer by requiring the
charitable organization to allocate and distribute processed deer according to
the allocation formula used in the distribution of United States Department of
Agriculture commodities under the federal emergency food assistance
program. The charitable organization
must submit quarterly reports to the commissioner on forms prescribed by the
commissioner. The reports must include,
but are not limited to, information on the amount of processed deer received
and the organizations to which the meat was distributed.
(b) The commissioner of
agriculture may adopt rules to implement this section.
Sec. 14. Minnesota Statutes 2006, section 17.4984,
subdivision 1, is amended to read:
Subdivision 1. License
required. (a) A person or entity
may not operate an aquatic farm without first obtaining an aquatic farm license
from the commissioner.
(b) Applications for an
aquatic farm license must be made on forms provided by the commissioner.
(c) Licenses are valid for
five years and are transferable upon notification to the commissioner.
(d) The commissioner shall
issue an aquatic farm license on payment of the required license fee under
section 17.4988.
(e) A license issued by the
commissioner is not a determination of private property rights, but is only
based on a determination that the licensee does not have a significant
detrimental impact on the public resource.
(f) By January 15, 2008, the
commissioner shall report to the senate and house of representatives committees
on natural resource policy and finance on policy recommendations regarding
aquaculture.
Sec. 15. Minnesota Statutes 2006, section 18G.03, is
amended by adding a subdivision to read:
Subd. 5. Certain species not
subject to chapter 18G. This
chapter does not apply to exotic aquatic plants and wild animal species
regulated under chapter 84D.
Sec. 16. Minnesota Statutes 2006, section 18G.11, is
amended to read:
18G.11 COOPERATION WITH OTHER JURISDICTIONS.
Subdivision 1. Detection and control
agreements. The commissioner
may enter into cooperative agreements with organizations, persons, civic
groups, governmental agencies, or other organizations to adopt and execute
plans to detect and control areas infested or infected with harmful plant
pests. The cooperative agreements may
include provisions of joint funding of any control treatment.
If a harmful plant pest
infestation or infection occurs and cannot be adequately controlled by
individual persons, owners, tenants, or local units of government, the
commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.
Subd. 2. New and emerging plant
pest programs. The
commissioner may make grants to municipalities or enter into contracts with
municipalities, nurseries, colleges, universities, state or federal agencies in
connection with new or emerging plant pests programs, including research, or
any other organization with the legal authority to enter into contractual
agreements.
Sec. 17. [84.02]
DEFINITIONS.
Subdivision 1. Definitions. For purposes of this chapter, the terms
defined in this section shall have the meanings given them.
Subd. 2. Best management
practice for native prairie restoration. "Best management practice for native prairie
restoration" means using seeds collected from a native prairie within the
same county or within 25 miles of the county's border, but not across the
boundary of an ecotype region.
Subd. 3. Created grassland. "Created grassland" means a
restoration using seeds or plants with origins outside of the state of
Minnesota.
Subd. 4. Ecotype region. "Ecotype region" means the
following ecological subsections and counties based on the Department of
Natural Resources map, "County Landscape Groupings Based on Ecological
Subsections," dated February 15, 2007.
Ecotype
Region Counties or portions thereof:
Rochester Plateau, Blufflands, and Oak Savanna Houston, Winona, Fillmore, Wabasha, Goodhue, Mower, Freeborn,
Steele, Olmsted, Rice, Waseca, Dakota, Dodge
Anoka
Sand Plain, Big Woods, and St. Paul Baldwin Anoka,
Hennepin, Ramsey, Washington, Chisago, Plains and Moraines Scott, Carver,
McLeod, Wright, Benton, Isanti, Le Sueur,
Sherburne
Inner
Coteau and Coteau Moraines Lincoln,
Lyon, Pipestone, Rock, Murray, Nobles, Jackson,
Cottonwood
Red
River Prairie (South) Traverse, Wilkin, Clay,
Becker
Red
River Prairie (North) and Aspen Parklands Kittson,
Roseau, Red Lake, Pennington, Marshall, Clearwater,
Mahnomen, Polk, Norman
Minnesota River Prairie (North) Big Stone, Pope, Stevens, Grant, Swift, Chippewa, Meeker, Kandiyohi, Renville, Lac qui Parle,
Yellow Medicine
Minnesota
River Prairie (South) Nicollet,
Redwood, Brown, Watonwan, Martin, Faribault,
Blue Earth, Sibley
Hardwood
Hills Douglas, Morrison, Otter Tail, Stearns,
Todd
Subd. 5.
Subd.
6. Native
prairie species of a local ecotype.
"Native prairie species of a local ecotype" means a
genetically differentiated population of a species that has at least one trait
(morphological, biochemical, fitness, or phenological) that is evolutionarily
adapted to local environmental conditions, notably plant competitors,
pathogens, pollinators, soil microorganisms, growing season length, climate,
hydrology, and soil.
Subd.
7. Restored
native prairie. "Restored
native prairie" means a restoration using at least 25 representative and
biologically diverse native prairie plant species of a local ecotype
originating in the same county as the restoration site or within 25 miles of
the county's border, but not across the boundary of an ecotype region.
Subd.
8. Restored
prairie. "Restored
prairie" means a restoration using at least 25 representative and
biologically diverse native prairie plant species originating from the same
ecotype region in which the restoration occurs.
Sec.
18. Minnesota Statutes 2006, section
84.025, subdivision 9, is amended to read:
Subd.
9. Professional
services support account. The
commissioner of natural resources may bill the various programs carried out by
the commissioner for the costs of providing them with professional support
services. Except as provided under
section 89.421, receipts must be credited to a special account in the state
treasury and are appropriated to the commissioner to pay the costs for which
the billings were made.
The
commissioner of natural resources shall submit to the commissioner of finance
before the start of each fiscal year a work plan showing the estimated work to
be done during the coming year, the estimated cost of doing the work, and the
positions and fees that will be necessary.
This account is exempted from statewide and agency indirect cost
payments.
Sec.
19. Minnesota Statutes 2006, section
84.026, subdivision 1, is amended to read:
Subdivision
1. Contracts. The commissioner of natural resources is
authorized to enter into contractual agreements with any public or private
entity for the provision of statutorily prescribed natural resources services
by the department. The contracts shall
specify the services to be provided. Except
as provided under section 89.421, funds generated in a contractual
agreement made pursuant to this section shall be deposited in the special
revenue fund and are appropriated to the department for purposes of providing
the services specified in the contracts.
The commissioner shall report revenues collected and expenditures made under
this subdivision to the chairs of the Committees on Ways and Means in the house
and Finance in the senate by January 1 of each odd-numbered year.
Sec.
20. Minnesota Statutes 2006, section
84.027, is amended by adding a subdivision to read:
Subd.
13a. Game
and fish expedited permanent rules.
In addition to the authority granted in subdivision 13, the
commissioner of natural resources may adopt rules under section 14.389 that are
authorized under:
(1)
chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to
designate fish spawning beds or fish preserves, to select hunters or anglers
for areas, to provide for registration of game or fish, to prevent or control
wildlife disease, or to correct errors or omissions in rules that do not have a
substantive effect on the intent or application of the original rule; or
(2)
section 84D.12 to designate prohibited invasive species, regulated invasive
species, and unregulated nonnative species.
Sec.
21. Minnesota Statutes 2006, section
84.0272, is amended by adding a subdivision to read:
Subd.
5. Easement
information. Parties to an
easement purchased under the authority of the commissioner must:
(1)
specify in the easement all provisions that are perpetual in nature;
(2)
file the easement with the county recorder or registrar of titles in the county
in which the land is located; and
(3)
submit an electronic copy of the easement to the commissioner.
Sec.
22. Minnesota Statutes 2006, section
84.0855, subdivision 1, is amended to read:
Subdivision
1. Sales
authorized; gift certificates. The
commissioner may sell natural resources-related publications and maps;
forest resource assessment products; federal migratory waterfowl, junior
duck, and other federal stamps; and other nature-related merchandise, and may
rent or sell items for the convenience of persons using Department of Natural
Resources facilities or services. The
commissioner may sell gift certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee
charged by the commissioner under this section may include a reasonable amount
in excess of the actual cost to support Department of Natural Resources
programs. The commissioner may
advertise the availability of a program or item offered under this section.
Sec.
23. Minnesota Statutes 2006, section 84.0855,
subdivision 2, is amended to read:
Subd.
2. Receipts;
appropriation. Except as
provided under section 89.421, money received by the commissioner under
this section or to buy supplies for the use of volunteers, may be credited to
one or more special accounts in the state treasury and is appropriated to the
commissioner for the purposes for which the money was received. Money received from sales at the state fair
shall be available for state fair related costs. Money received from sales of intellectual property and software
products or services shall be available for development, maintenance, and
support of software products and systems.
Sec.
24. Minnesota Statutes 2006, section
84.777, is amended to read:
84.777 OFF-HIGHWAY VEHICLE
USE OF STATE LANDS RESTRICTED.
Subdivision
1. Designated
trails. (a) Except as otherwise
allowed by law or rules adopted by the commissioner, effective June 1, 2003,
notwithstanding sections 84.787 to 84.805 and 84.92 to 84.929, the use of
off-highway vehicles is prohibited on state land administered by the
commissioner of natural resources, and on county-administered forest land
within the boundaries of a state forest, except on roads and trails
specifically designated and posted by the commissioner for use by off-highway
vehicles.
(b)
Paragraph (a) does not apply to county-administered land within a state forest
if the county board adopts a resolution that modifies restrictions on the use
of off-highway vehicles on county-administered land within the forest.
Subd.
2. Off-highway
vehicle seasons. (a) The
commissioner shall prescribe seasons for off-highway vehicle use on state
forest lands. Except for designated
forest roads, a person must not operate an off-highway vehicle on state forest
lands outside of the seasons prescribed under this paragraph.
(b)
The commissioner may designate and post winter trails on state forest lands for
use by off-highway vehicles.
(c)
For the purposes of this subdivision, "state forest lands" means
forest lands under the authority of the commissioner as defined in section
89.001, subdivision 13, and lands managed by the commissioner under section
282.011.
Subd.
3. Mapped
trails. Except as provided
in sections 84.926 and 84.928, after completion of off-highway vehicle maps for
the area, a person must not operate an off-highway vehicle on state land that
is not mapped for the type of off-highway vehicle.
Subd.
4. Exemption
from rulemaking. Determinations
of the commissioner under this section may be by written order published in the
State Register and are exempt from the rulemaking provisions of chapter
14. Section 14.386 does not apply.
Sec.
25. Minnesota Statutes 2006, section
84.780, is amended to read:
84.780 OFF-HIGHWAY VEHICLE
DAMAGE ACCOUNT.
(a)
The off-highway vehicle damage account is created in the natural resources
fund. Money in the off-highway vehicle
damage account is appropriated to the commissioner of natural resources for the
repair or restoration of property damaged by the illegal operation of
off-highway vehicles or the operation of off-highway vehicles in an
unpermitted area after August 1, 2003, and for the costs of administration for
this section. Before the commissioner
may make a payment from this account, the commissioner must determine whether the
damage to the property was caused by the unpermitted or illegal use of
off-highway vehicles, that the applicant has made reasonable efforts to
identify the responsible individual and obtain payment from the individual, and
that the applicant has made reasonable efforts to prevent reoccurrence. By June 30, 2008, the commissioner of
finance must transfer the remaining balance in the account to the off-highway
motorcycle account under section 84.794, the off-road vehicle account under
section 84.803, and the all-terrain vehicle account under section 84.927. The amount transferred to each account must
be proportionate to the amounts received in the damage account from the
relevant off-highway vehicle accounts.
(b)
Determinations of the commissioner under this section may be made by written
order and are exempt from the rulemaking provisions of chapter 14. Section 14.386 does not apply.
(c)
This section expires July 1, 2008 Money in the account is available
until expended.
Sec.
26. [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS.
Notwithstanding
any provision of sections 84.797 to 84.805 or other law to the contrary, the
commissioner shall not permit land administered by the commissioner in Cass,
Crow Wing, and Hubbard Counties to be used or developed for trails primarily
for off-road vehicles as defined in section 84.797, subdivision 7, except:
(1)
upon approval by the legislature; or
(2)
in designated off-road vehicle use areas.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
27. [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION PROGRAM.
Subdivision
1. Creation. The commissioner of natural resources
shall establish a program to promote the safe and responsible operation of
off-highway vehicles in a manner that does not harm the environment.
Subd.
2. Agreements. (a) The commissioner shall enter into
agreements with organizations for volunteer services that promote the safe and
responsible operation of off-highway vehicles in a manner that does not harm
the environment to maintain, make improvements to, and monitor trails on state
forest land and other public lands. The
organizations shall promote the operation of off-highway vehicles in a safe and
responsible manner that complies with the laws and rules that relate to the
operation of off-highway vehicles.
(b)
The organizations may provide assistance to the department in locating,
recruiting, and training instructors for off-highway vehicle training programs.
(c)
The commissioner may provide assistance to enhance the comfort and safety of
volunteers and to facilitate the implementation and administration of the
safety and conservation program.
(d)
The commissioner shall establish standards, train, and certify organizations
and individuals participating as volunteers under this section. The training shall include:
(1)
the identification of invasive species;
(2)
correctly reporting the location of invasive species; and
(3)
basic global positioning system operation.
Subd.
3. Worker
displacement prohibited. The
commissioner may not enter into any agreement that has the purpose of or
results in the displacement of public employees by volunteers participating in
the off-highway safety and conservation program under this section. The commissioner must certify to the
appropriate bargaining agent that the work performed by a volunteer will not
result in the displacement of currently employed workers or workers on seasonal
layoff or layoff from a substantially equivalent position, including partial
displacement such as reduction in hours of nonovertime work, wages, or other
employment benefits.
Subd.
4. Off-Highway
Vehicle Safety Advisory Council.
(a) The commissioner of natural resources shall appoint an
Off-Highway Vehicle Safety Advisory Council to advise the commissioner on:
(1)
off-highway vehicle safety; and
(2)
standards and certification for organizations and individuals participating as
volunteers under this section.
Sec.
28. Minnesota Statutes 2006, section
84.922, subdivision 1a, is amended to read:
Subd.
1a. Exemptions. All-terrain
vehicles exempt from registration are:
(1)
vehicles owned and used by the United States, the state, another state, or a
political subdivision;
(2)
vehicles registered in another state or country that have not been in this
state for more than 30 consecutive days; and
(3)
vehicles used exclusively in organized track racing events; and
(4)
vehicles that are 25 years old or older and were originally produced as a
separate identifiable make by a manufacturer
Sec.
29. Minnesota Statutes 2006, section
84.922, subdivision 5, is amended to read:
Subd.
5. Fees
for registration. (a) The fee for a
three-year registration of an all-terrain vehicle under this section, other
than those registered by a dealer or manufacturer under paragraph (b) or (c),
is:
(1)
for public use before January 1, 2005, $23;
(2) for public use on
January 1, 2005, and after, $30 $45;
(3) (2) for private use, $6; and
(4) (3) for a duplicate or
transfer, $4.
(b)
The total registration fee for all-terrain vehicles owned by a dealer and
operated for demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c)
The total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is
$150 per year. Manufacturer
registrations are not transferable.
(d)
The fees collected under this subdivision must be credited to the all-terrain
vehicle account.
EFFECTIVE DATE. This section is effective January 1, 2008.
Sec.
30. Minnesota Statutes 2006, section
84.927, subdivision 2, is amended to read:
Subd.
2. Purposes. Subject to appropriation by the legislature,
money in the all-terrain vehicle account may only be spent for:
(1)
the education and training program under section 84.925;
(2)
administration, enforcement, and implementation of sections 84.773 to 84.929;
(3)
acquisition, maintenance, and development of vehicle trails and use areas;
(4)
grant-in-aid programs to counties and municipalities to construct and maintain
all-terrain vehicle trails and use areas;
(5)
grants-in-aid to local safety programs; and
(6)
enforcement and public education grants to local law enforcement agencies.;
and
(7)
maintenance of minimum-maintenance forest roads designated under section 89.71,
subdivision 5, and county forest roads that are part of a designated trail
system within state forest boundaries as established under section 89.021.
The
distribution of funds made available through grant-in-aid programs must be
guided by the statewide comprehensive outdoor recreation plan.
Sec. 31. Minnesota Statutes 2006, section 84.963, is
amended to read:
84.963 PRAIRIE PLANT SEED
PRODUCTION AREAS.
(a)
The
commissioner of natural resources shall study the feasibility of establishing
private or public prairie plant seed production areas within prairie land
locations. If prairie plant seed
production is feasible, the commissioner may aid the establishment of
production areas. The commissioner may
enter cost-share or sharecrop agreements with landowners having easements for
conservation purposes of ten or more years on their land to commercially
produce prairie plant seed of Minnesota origin. The commissioner may only aid prairie plant seed production areas
on agricultural land used to produce crops before December 23, 1985, and
cropped three out of five years between 1981 and 1985.
(b)
The commissioner shall compile, prepare, and electronically disseminate to the
public prairie establishment guidance materials and resources. The resources must provide information and
guidance on project planning, seed selection including ecotype and species mix,
site preparation, seeding, maintenance, and technical service providers. The commissioner shall use actual prairie
restoration projects under development on state-owned land to illustrate and
demonstrate the practices described.
Sec.
32. Minnesota Statutes 2006, section
84D.02, is amended by adding a subdivision to read:
Subd.
7. Contracts
for services for emergency invasive species prevention work; commissions to
persons employed. The
commissioner may contract for or accept the services of any persons whose aid
is available, temporarily or otherwise, in emergency invasive species
prevention work, either gratuitously or for compensation not in excess of the
limits provided by law with respect to the employment of labor by the
commissioner. The commissioner may
issue a commission, or other written evidence of authority, to any person whose
services are so arranged for and may thereby empower the person to act,
temporarily or otherwise, in any other capacity, with powers and duties as may
be specified in the commission or other written evidence of authority, but not
in excess of the powers conferred by law.
The commissioner of agriculture, under authority provided by law, shall
cooperate with the commissioner in emergency control of invasive species
prevention.
Sec.
33. Minnesota Statutes 2006, section
84D.03, subdivision 1, is amended to read:
Subdivision
1. Infested
waters; restricted activities. (a)
The commissioner shall designate a water of the state as an infested water if
the commissioner determines that:
(1) the water contains a
population of an aquatic invasive species that could spread to other waters if
use of the water and related activities are not regulated to prevent this;
or
(2)
the water is highly likely to be infested by an aquatic invasive species
because it is connected to a water that contains a population of an aquatic
invasive species.
(b)
When determining which invasive species comprise infested waters, the
commissioner shall consider:
(1)
the extent of a species distribution within the state;
(2)
the likely means of spread for a species; and
(3)
whether regulations specific to infested waters containing a specific species
will effectively reduce that species' spread.
(c) The presence of common carp
and curly-leaf pondweed shall not be the basis for designating a water as
infested.
(d)
The designation of infested waters by the commissioner shall be by written
order published in the State Register.
Designations are not subject to the rulemaking provisions of chapter 14
and section 14.386 does not apply.
Sec.
34. Minnesota Statutes 2006, section
84D.12, subdivision 1, is amended to read:
Subdivision
1. Required
rules. The commissioner shall adopt
rules:
(1)
designating infested waters, prohibited invasive species, regulated
invasive species, and unregulated nonnative species of aquatic plants and wild
animals;
(2)
governing the application for and issuance of permits under this chapter, which
rules may include a fee schedule; and
(3)
governing notification under section 84D.08.
Sec.
35. Minnesota Statutes 2006, section
84D.12, subdivision 3, is amended to read:
Subd.
3. Expedited
rules. The commissioner may adopt
rules under section 84.027, subdivision 13, that designate:
(1)
prohibited invasive species of aquatic plants and wild animals;
(2)
regulated invasive species of aquatic plants and wild animals; and
(3)
unregulated nonnative species of aquatic plants and wild animals; and
(4)
infested waters.
Sec.
36. Minnesota Statutes 2006, section
84D.13, subdivision 7, is amended to read:
Subd.
7. Satisfaction
of civil penalties. A civil penalty
is due and a watercraft license suspension is effective 30 days after issuance
of the civil citation. A civil penalty
collected under this section is payable to the commissioner and must be
credited to the water recreation account invasive species account.
Sec.
37. Minnesota Statutes 2006, section
84D.14, is amended to read:
84D.14 EXEMPTIONS.
This
chapter does not apply to:
(1)
pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16
18G.15; or
(2)
mammals and birds defined by statute as livestock.
Sec.
38. [84D.15] INVASIVE SPECIES ACCOUNT.
Subdivision
1. Creation. The invasive species account is created
in the state treasury in the natural resources fund.
Subd. 2.
Subd.
3. Use
of money in account. Money
credited to the invasive species account in subdivision 2 shall be used for
management of invasive species and implementation of this chapter as it
pertains to invasive species, including control, public awareness, law
enforcement, assessment and monitoring, management planning, and research.
Sec.
39. Minnesota Statutes 2006, section
85.013, is amended by adding a subdivision to read:
Subd.
11b. Greenleaf Lake State Recreation Area,
which is hereby renamed from Greenleaf Lake State Park.
Sec.
40. [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; CITIZENS ADVISORY
COUNCIL.
Subdivision
1. Advisory
council created. The Cuyuna
Country State Recreation Area Citizens Advisory Council is established. Membership on the advisory council shall
include:
(1)
a representative of the Cuyuna Range Mineland Recreation Area Joint Powers
Board;
(2)
a representative of the Croft Mine Historical Park Joint Powers Board;
(3)
a designee of the Cuyuna Range Mineland Reclamation Committee who has worked as
a miner in the local area;
(4)
a representative of the Crow Wing County Board;
(5)
an elected state official;
(6)
a representative of the Grand Rapids regional office of the Department of
Natural Resources;
(7)
a designee of the Iron Range Resources and Rehabilitation Board;
(8)
a designee of the local business community selected by the area chambers of
commerce;
(9)
a designee of the local environmental community selected by the Crow Wing
County District 5 commissioner;
(10)
a designee of a local education organization selected by the Crosby-Ironton
School Board;
(11)
a designee of one of the recreation area user groups selected by the Cuyuna
Range Chamber of Commerce; and
(12)
a member of the Cuyuna Country Heritage Preservation Society.
Subd.
2. Administration. (a) The advisory council must meet at
least four times annually. The council
shall elect a chair and meetings shall be at the call of the chair.
(b) Members of the advisory
council shall serve as volunteers for two-year terms with the ability to be
reappointed. Members shall accept no
per diem.
(c)
The state recreation area manager may attend the council meetings and advise
the council of issues in management of the recreation area.
(d)
Before a major decision is implemented in the Cuyuna Country State Recreation
Area, the area manager must consult with the council and take into
consideration any council comments or advice that may impact the major
decision.
Sec.
41. Minnesota Statutes 2006, section
85.054, is amended by adding a subdivision to read:
Subd.
13. Cuyuna
Country State Recreation Area. A
state park permit is not required and a fee may not be charged for motor
vehicle entry or parking at Croft Mine Historical Park and Portsmouth Mine Lake
Overlook in Cuyuna Country State Recreation Area, except for overnight camping.
Sec.
42. Minnesota Statutes 2006, section
85.32, subdivision 1, is amended to read:
Subdivision
1. Areas
marked. The commissioner of natural
resources is authorized in cooperation with local units of government and
private individuals and groups when feasible to mark canoe and boating routes
on the Little Fork, Big Fork, Minnesota, St. Croix, Snake, Mississippi, Red
Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
and Crow Rivers which have historic and scenic values and to mark
appropriately points of interest, portages, camp sites, and all dams, rapids,
waterfalls, whirlpools, and other serious hazards which are dangerous to canoe
and watercraft travelers.
Sec.
43. Minnesota Statutes 2006, section
86B.706, subdivision 2, is amended to read:
Subd.
2. Money
deposited in account. The following
shall be deposited in the state treasury and credited to the water recreation
account:
(1)
fees and surcharges from titling and licensing of watercraft under this
chapter;
(2)
fines, installment payments, and forfeited bail according to section 86B.705,
subdivision 2;
(3)
civil penalties according to section 84D.13;
(4) mooring fees and receipts
from the sale of marine gas at state-operated or state-assisted small craft
harbors and mooring facilities according to section 86A.21;
(5) (4) the unrefunded
gasoline tax attributable to watercraft use under section 296A.18; and
(6) (5) fees for permits
issued to control or harvest aquatic plants other than wild rice under section
103G.615, subdivision 2.
Sec.
44. Minnesota Statutes 2006, section
88.01, is amended by adding a subdivision to read:
Subd.
27. Community
forest. "Community
forest" means public and private trees and associated plants occurring
individually, in small groups, or under forest conditions within a
municipality.
Sec. 45. Minnesota Statutes 2006, section 88.79,
subdivision 1, is amended to read:
Subdivision
1. Employment
of competent foresters; service to private owners. The commissioner of natural resources may
employ competent foresters to furnish owners of forest lands within the state
of Minnesota who own not more than 1,000 acres of forest land, forest
management services consisting of:
(1)
advice in management and protection of timber, including written stewardship
and forest management plans;
(2)
selection and marking of timber to be cut;
(3)
measurement of products;
(4)
aid in marketing harvested products;
(5)
provision of tree-planting equipment; and
(6)
advice in community forest management; and
(7)
such other
services as the commissioner of natural resources deems necessary or advisable
to promote maximum sustained yield of timber and other benefits upon
such forest lands.
Sec.
46. Minnesota Statutes 2006, section
88.79, subdivision 2, is amended to read:
Subd.
2. Charge
for service; receipts to special revenue fund. The commissioner of natural resources may charge the owner
receiving such services such sums as the commissioner shall determine to be
fair and reasonable. The charges must
account for differences in the value of timber and other benefits. The receipts from such services shall be
credited to the special revenue fund and are annually appropriated to the
commissioner for the purposes specified in subdivision 1.
Sec.
47. Minnesota Statutes 2006, section
88.82, is amended to read:
88.82 MINNESOTA RELEAF
PROGRAM.
The
Minnesota releaf program is established in the Department of Natural Resources
to encourage, promote, and fund the inventory, planting, assessment, maintenance,
and improvement, protection, and restoration of trees and
forest resources in this state to enhance community forest ecosystem
health and sustainability as well as to reduce atmospheric carbon dioxide
levels and promote energy conservation.
Sec.
48. Minnesota Statutes 2006, section
89.001, subdivision 8, is amended to read:
Subd.
8. Forest
resources. "Forest
resources" means those natural assets of forest lands, including timber
and other forest crops; biological diversity; recreation; fish and wildlife
habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; climate;
and educational, aesthetic, and historic values.
Sec.
49. Minnesota Statutes 2006, section
89.001, is amended by adding a subdivision to read:
Subd.
15. Forest
pest. "Forest
pest" means any vertebrate or invertebrate animal, plant pathogen, or
plant that is determined by the commissioner to be harmful, injurious, or
destructive to forests or timber.
Sec.
50. Minnesota Statutes 2006, section
89.001, is amended by adding a subdivision to read:
Subd.
16. Shade
tree pest. "Shade tree
pest" means any vertebrate or invertebrate animal, plant pathogen, or
plant that is determined by the commissioner to be harmful, injurious, or
destructive to shade trees or community forests.
Sec.
51. Minnesota Statutes 2006, section
89.001, is amended by adding a subdivision to read:
Subd.
17. Community
forest. "Community
forest" has the meaning given under section 88.01, subdivision 27.
Sec.
52. Minnesota Statutes 2006, section
89.001, is amended by adding a subdivision to read:
Subd.
18. Shade
tree. "Shade tree"
means a woody perennial grown primarily for aesthetic or environmental
purposes.
Sec.
53. Minnesota Statutes 2006, section
89.01, subdivision 1, is amended to read:
Subdivision
1. Best
methods. The commissioner shall
ascertain and observe the best methods of reforesting cutover and denuded
lands, foresting waste lands, preventing destruction minimizing loss
or damage of forests and lands forest resources by fire,
forest pests, or shade tree pests, administering forests on forestry
principles, encouraging private owners to preserve and grow trees or timber
for commercial or other purposes, and conserving the forests around the
head waters of streams and on the watersheds of the state.
Sec.
54. Minnesota Statutes 2006, section
89.01, subdivision 2, is amended to read:
Subd.
2. General
duties. The commissioner shall
execute all rules pertaining to forestry and forest protection within the
jurisdiction of the state; have charge of the work of protecting all forests
and lands from fire, forest pests, and shade tree pests; shall
investigate the origin of all forest fires; and prosecute all violators as
provided by law; shall prepare and print for public distribution an abstract of
the forest fire laws of Minnesota, together with such rules as may be formulated.
The
commissioner shall prepare printed notices calling attention to the dangers
from forest fires and cause them to be posted in conspicuous places.
Sec.
55. Minnesota Statutes 2006, section
89.01, subdivision 4, is amended to read:
Subd.
4. Forest
plans. The commissioner shall
cooperate with the several departments of the state and federal governments and
with counties, towns, municipalities, corporations, or individuals in
the preparation of plans for forest protection, and management,
and planting or replacement of trees, in wood lots,
and community forests or on timber tracts, using such influence as time
will permit toward the establishment of scientific forestry principles in the
management, protection, and promotion of the forest resources of the state.
Sec.
56. Minnesota Statutes 2006, section
89.22, subdivision 2, is amended to read:
Subd.
2. Receipts
to natural resources special revenue fund. Fees collected under subdivision 1 shall be
credited to a forest land use account in the natural resources fund
the special revenue fund and are annually appropriated to the commissioner to
recoup the costs of developing, operating, and maintaining facilities necessary
for the specified uses in subdivision 1 or to prevent or mitigate resource impacts
of those uses.
EFFECTIVE DATE. This section is effective July 1, 2007, and applies to fees
collected according to Minnesota Statutes, section 89.22, subdivision 1, after
August 1, 2006.
Sec.
57. [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND SERVICES ACCOUNT.
Subdivision
1. Creation. The forest resource assessment products
and services account is created in the state treasury in the natural resources
fund.
Subd.
2. Receipts. Money received from forest resource
assessment product sales and services provided by the commissioner under
sections 84.025, subdivision 9; 84.026; and 84.0855 shall be credited to the
forest resource assessment products and services account. Forest resource assessment products and
services include the sale of aerial photography, remote sensing, and satellite
imagery products and services.
Subd.
3. Use
of money in account. Money
credited to the forest resource assessment products and services account under
subdivision 2 is annually appropriated to the commissioner and shall be used to
maintain the staff and facilities producing the aerial photography, remote
sensing, and satellite imagery products and services.
Sec.
58. Minnesota Statutes 2006, section
89.51, subdivision 1, is amended to read:
Subdivision
1. Applicability. For the purposes of sections 89.51 to 89.61
89.64 the terms described in this section have the meanings ascribed to
them.
Sec.
59. Minnesota Statutes 2006, section
89.51, subdivision 6, is amended to read:
Subd.
6. Infestation. "Infestation,"
includes actual, potential, incipient, or emergency emergent
infestation or infection by forest pests or shade tree pests.
Sec.
60. Minnesota Statutes 2006, section
89.51, subdivision 9, is amended to read:
Subd.
9. Forest
land or forest. "Forest
land" or "forest," means land on
which occurs a stand or potential stand of trees valuable for timber products,
watershed or wildlife protection, recreational uses, community forest
benefits, or other purposes, and shall include lands owned or controlled by
the state of Minnesota.
Sec.
61. Minnesota Statutes 2006, section
89.52, is amended to read:
89.52 SURVEYS,
INVESTIGATIONS.
The
commissioner shall make surveys and investigations to determine the presence of
infestations of forest pests or shade tree pests. For this purpose, duly designated
representatives of the commissioner may enter at reasonable times on public and
private lands for the purpose of conducting such to conduct the
surveys and investigations.
Sec.
62. Minnesota Statutes 2006, section
89.53, is amended to read:
89.53 CONTROL OF FOREST PESTS
AND SHADE TREE PESTS.
Subdivision
1. Commissioner's
duties; notice of control measures.
Whenever the commissioner finds that an area in the state is infested or
threatened to be infested with forest pests or shade tree pests, the
commissioner shall determine whether measures of control are needed and are
available, what control measures are to be applied, and the area
over which the control measures shall be applied. The commissioner shall prescribe a proposed zone of infestation
covering the area in which control measures are to be applied and shall publish
notice of the proposal once a week, for two successive weeks in a newspaper
having a general circulation in each county located in whole or in part in the
proposed zone of infestation.
Prescribing zones of infestation is and prescribing measures
of control are exempt from the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
Subd.
2. Notice
requirements; public comment. The
notice shall include a description of the boundaries of the proposed zone of
infestation, the control measures to be applied, and a time and place
where municipalities and owners of forest lands or shade trees in
the zone may show cause orally or in writing why the zone and control
measures should or should not be established. The commissioner shall consider any statements received in
determining whether the zone shall be established and the control measures
applied.
Subd.
3. Experimental
programs. The commissioner
may establish experimental programs for the control of forest pests or shade
tree pests and for municipal reforestation.
Sec.
63. Minnesota Statutes 2006, section
89.54, is amended to read:
89.54 ZONES OF INFESTATION,
ESTABLISHMENT.
Upon
the decision by the commissioner that the establishment of a zone of
infestation is necessary, the commissioner shall make a written order
establishing said the zone, and upon making said the
order, said the zone shall be established. Notice of the establishment of the zone
shall thereupon be published in a newspaper having a general circulation in
each county located in whole or in part in the proposed zone and posted on
the Department of Natural Resources Web site.
Sec.
64. Minnesota Statutes 2006, section
89.55, is amended to read:
89.55 INFESTATION CONTROL,
COSTS.
Upon
the establishment of the zone of infestation, the commissioner may apply
measures of infestation prevention and control on public and private
forest and other lands within such zone and to any trees, timber, plants
or shrubs thereon, wood or wood products, or contaminated soil
harboring or which may harbor the forest pests or shade tree pests. For this purpose, the duly authorized
representatives of the commissioner are authorized to enter upon any lands,
public or private within such the zone. The commissioner may enter into agreements with owners of the
lands in the zone covering the control work on their lands, and fixing the pro
rata basis on which the cost of such the work will be shared
between the commissioner and said the owner.
Sec.
65. Minnesota Statutes 2006, section
89.56, subdivision 1, is amended to read:
Subdivision
1. Statement
of expenses; cost to owners. At the
end of each fiscal year and upon completion of the infestation control measures
in any zone of infestation, the commissioner shall prepare a certified
statement of expenses incurred in carrying out such the measures,
including expenses of owners covered by agreements entered into pursuant to
section 89.55. The statement shall show
the amount which that the commissioner determines to be its
the commissioner's share of the expenses.
The share of the commissioner may include funds and the value of other
contributions made available by the federal government and other
cooperators. The balance of such
the costs shall constitute a charge on an acreage basis as provided herein
against the owners of lands in the zone containing trees valuable or
potentially valuable for commercial timber purposes and affected or likely
to be affected by the forest pests or shade tree pests for which control
measures were conducted. In fixing the
rates at which charges shall be made against each owner, the commissioner shall
consider the present commercial value of the trees on the land, the present and
potential benefits to such the owner from the application of the
control measures, and the cost of applying such the
measures to the land, and such other factors as in the discretion of the
commissioner will enable determination of an equitable distribution of the cost
to all such owners. No charge
shall be made against owners to the extent that they have individually or as
members of a cooperative association contributed funds, supplies, or
services pursuant to agreement under this section.
Sec.
66. Minnesota Statutes 2006, section
89.56, subdivision 3, is amended to read:
Subd.
3. Collection. The unpaid charges assessed under sections
89.51 to 89.61 89.64 and the actions of the commissioner on any
protests filed pursuant to subdivision 2, shall be reported to the tax levying
authority for the county in which the lands for which the charges are assessed
are situated and shall be made a public record. Any charges finally determined to be due shall become a special
assessment and shall be payable in the same manner and with the same interest
and penalty charges and with the same procedure for collection as apply to ad
valorem property taxes. Upon collection
of the charges, the county treasurer shall forthwith cause the amounts
thereof to be paid to the forest pest and shade tree pest control fund
account created by section 89.58.
Any unpaid charge or lien against the lands shall not be affected by the
sale thereof or by dissolution of the zone of infestation.
Sec.
67. Minnesota Statutes 2006, section
89.57, is amended to read:
89.57 DISSOLUTION OF ZONE
INFESTATION.
Whenever
the commissioner shall determine that forest pest or shade tree pest
control work within an established zone of infestation is no longer necessary
or feasible, the commissioner shall dissolve the zone.
Sec.
68. Minnesota Statutes 2006, section
89.58, is amended to read:
89.58 FOREST PEST AND
SHADE TREE PEST CONTROL ACCOUNT.
All
money collected under the provisions of sections 89.51 to 89.61
89.64, together with such money as may be appropriated by the legislature
or allocated by the Legislative Advisory Commission for the purposes of
sections 89.51 to 89.61 89.64, and such money as may be
contributed or paid by the federal government, or any other public or private
agency, organization or individual, shall be deposited in the state treasury,
to the credit of the forest pest and shade tree pest control account,
which account is hereby created, and any moneys therein are appropriated to the
commissioner for use in carrying out the purposes hereof of sections
89.51 to 89.64.
Sec.
69. Minnesota Statutes 2006, section
89.59, is amended to read:
89.59 COOPERATION.
The
commissioner may cooperate with the United States or agencies thereof, other
agencies of the state, county or municipal governments, agencies of neighboring
states, or other public or private organizations or individuals and may
accept such funds, equipment, supplies, or services from cooperators and
others as it the commissioner may provide in agreements with the
United States or its agencies for matching of federal funds as required under
laws of the United States relating to forest pests and shade tree pests.
Sec.
70. Minnesota Statutes 2006, section
89.60, is amended to read:
89.60 DUTIES, RULES;
COMMISSIONER.
The
commissioner is authorized to employ personnel in accordance with the laws of
this state, to procure necessary equipment, supplies, and service, to
enter into contracts, to provide funds to any agency of the United States for
work or services under sections 89.51 to 89.61 89.64, and to
designate or appoint, as its the commissioner's representatives,
employees of its cooperators, including employees of the United
States or any agency thereof. The
commissioner may prescribe rules for carrying out the purposes hereof
of this section.
Sec. 71. Minnesota Statutes 2006, section 89.61, is
amended to read:
89.61 ACT SUPPLEMENTAL.
Provisions
of sections 89.51 to 89.61 89.64 are supplementary to and not to
be construed to repeal existing legislation.
Sec.
72. [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM.
Subdivision
1. Grants. The commissioner may make grants to aid
in the control of a shade tree pest. To
be eligible, a grantee must have a pest control program approved by the
commissioner that:
(1)
defines tree ownership and who is responsible for the costs associated with
control measures;
(2)
defines the zone of infestation within which the control measures are to be
applied;
(3)
includes a tree inspector certified under section 89.63 and having the
authority to enter and inspect private lands;
(4)
has the means to enforce measures needed to limit the spread of shade tree
pests; and
(5)
provides that grant money received will be deposited in a separate fund to be
spent only for the purposes authorized by this section.
Subd.
2. Grant
eligibility. The following
are eligible for grants under this section:
(1)
a home rule charter or statutory city or a town that exercises municipal powers
under section 368.01 or any general or special law;
(2)
a special park district organized under chapter 398;
(3)
a special-purpose park and recreation board;
(4)
a soil and water conservation district;
(5)
a county; or
(6)
any other organization with the legal authority to enter into contractual
agreements.
Subd.
3. Rules;
applicability to municipalities.
The rules and procedures adopted under this section by the
commissioner apply in a municipality unless the municipality adopts an
ordinance determined by the commissioner to be more stringent than the rules
and procedures of the commissioner. The
rules and procedures of the commissioner or the municipality apply to all state
agencies, special purpose districts, and metropolitan commissions as defined in
section 473.121, subdivision 5a, that own or control land adjacent to or within
a zone of infestation.
Sec.
73. [89.63] CERTIFICATION OF TREE INSPECTORS.
(a)
The governing body of a municipality may appoint a qualified tree
inspector. Two or more municipalities
may jointly appoint a tree inspector for the purpose of administering their
respective pest control programs.
(b) Upon a determination by the
commissioner that a candidate for the position of tree inspector is qualified,
the commissioner shall issue a certificate of qualification to the tree
inspector. The certificate is valid for
one year. A person certified as a tree
inspector by the commissioner may enter and inspect any public or private
property that might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree
inspector certification workshop, upon completion of which participants are
qualified as tree inspectors.
(c)
The commissioner may suspend and, upon notice and hearing, decertify a tree
inspector if the tree inspector fails to act competently or in the public
interest in the performance of duties.
Sec.
74. [89.64] EXEMPTIONS.
This
chapter does not supersede the authority of the Department of Agriculture under
chapter 18G.
Sec.
75. Minnesota Statutes 2006, section
89A.11, is amended to read:
89A.11 REPEALER.
Sections
89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 89A.09; 89A.10;
and 89A.11, are repealed June 30, 2007 2017.
Sec.
76. Minnesota Statutes 2006, section
90.161, is amended by adding a subdivision to read:
Subd.
4. Change
of security. Prior to any
harvest activity, or activities incidental to the preparation for harvest, a
purchaser having posted a bond for 100 percent of the purchase price of a sale
may request the release of the bond and the commissioner shall grant the
release upon cash payment to the commissioner of 15 percent of the appraised
value of the sale, plus eight percent interest on the appraised value of the
sale from the date of purchase to the date of release.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
77. Minnesota Statutes 2006, section
93.0015, subdivision 3, is amended to read:
Subd.
3. Expiration. Notwithstanding section 15.059, subdivision
5, or other law to the contrary, the committee expires June 30, 2007
2011.
Sec.
78. Minnesota Statutes 2006, section
93.22, subdivision 1, is amended to read:
Subdivision
1. Generally. (a) All payments under sections 93.14
to 93.285 shall be made to the Department of Natural Resources and shall be
credited according to this section.
(a)
If the lands or minerals and mineral rights covered by a lease are held by the
state by virtue of an act of Congress, payments made under the lease shall be
credited to the permanent fund of the class of land to which the leased
premises belong.
(b)
If a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state.
(c)
If the lands or minerals and mineral rights covered by a lease are held by the
state in trust for the taxing districts, payments made under the lease shall be
distributed annually on the first day of September as follows:
(1)
20 percent to the general fund; and
(2) 80 percent to the respective
counties in which the lands lie, to be apportioned among the taxing districts
interested therein as follows: county,
three-ninths; town or city, two-ninths; and school district, four-ninths.
(d)
Except as provided under this section and except where the disposition of
payments may be otherwise directed by law, all payments shall be paid into the
general fund of the state.
(b)
Twenty percent of all payments under sections 93.14 to 93.285 shall be credited
to the minerals management account in the natural resources fund as costs for
the administration and management of state mineral resources by the
commissioner of natural resources.
(c)
The remainder of the payments shall be credited as follows:
(1)
if the lands or minerals and mineral rights covered by a lease are held by the
state by virtue of an act of Congress, payments made under the lease shall be
credited to the permanent fund of the class of land to which the leased
premises belong;
(2)
if a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state;
(3)
if the lands or minerals and mineral rights covered by a lease are held by the
state in trust for the taxing districts, payments made under the lease shall be
distributed annually on the first day of September to the respective counties
in which the lands lie, to be apportioned among the taxing districts interested
therein as follows: county,
three-ninths; town or city, two-ninths; and school district, four-ninths;
(4)
if the lands or mineral rights covered by a lease became the absolute property
of the state under the provisions of chapter 84A, payments made under the lease
shall be distributed as follows: county
containing the land from which the income was derived, five-eighths; and
general fund of the state, three-eighths; and
(5)
except as provided under this section and except where the disposition of
payments may be otherwise directed by law, payments made under a lease shall be
paid into the general fund of the state.
Sec.
79. Minnesota Statutes 2006, section
97A.045, is amended by adding a subdivision to read:
Subd.
12. Establishing
fees. Notwithstanding
section 16A.1283, the commissioner may, by written order published in the State
Register, establish fees providing for the use of state wildlife management
area or aquatic management area lands for specific purposes, including dog
trials, special events, and commercial uses.
The fees are not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
Sec.
80. Minnesota Statutes 2006, section
97A.055, subdivision 4, is amended to read:
Subd.
4. Game
and fish annual reports. (a) By
December 15 each year, the commissioner shall submit to the legislative
committees having jurisdiction over appropriations and the environment and
natural resources reports on each of the following:
(1)
the amount of revenue from the following and purposes for which expenditures
were made:
(i)
the small game license surcharge under section 97A.475, subdivision 4;
(ii)
the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 5,
clause (1);
(iii)
the trout and salmon stamp under section 97A.475, subdivision 10;
(iv) the pheasant stamp under
section 97A.475, subdivision 5, clause (2); and
(v)
the turkey stamp under section 97A.475, subdivision 5, clause (3); and
(vi)
the deer license donations and surcharges under section 97A.475, subdivisions
3, paragraph (b), and 3a;
(2)
the amounts available under section 97A.075, subdivision 1, paragraphs (b) and
(c), and the purposes for which these amounts were spent;
(3)
money credited to the game and fish fund under this section and purposes for
which expenditures were made from the fund;
(4)
outcome goals for the expenditures from the game and fish fund; and
(5)
summary and comments of citizen oversight committee reviews under subdivision
4b.
(b)
The report must include the commissioner's recommendations, if any, for changes
in the laws relating to the stamps and surcharge referenced in paragraph (a).
Sec.
81. Minnesota Statutes 2006, section
97A.065, is amended by adding a subdivision to read:
Subd.
6. Deer
license donations and surcharges.
(a) The surcharges and donations collected under section 97A.475,
subdivision 3, paragraph (b), and subdivision 3a, shall be deposited in an
account in the special revenue fund and are appropriated to the commissioner
for deer management, including for grants or payments to agencies,
organizations, or individuals for assisting with the cost of processing deer
taken for population management purposes for venison donation programs. None of the additional license fees shall be
transferred to any other agency for administration of programs other than venison
donation. If any money transferred by
the commissioner is not used for a venison donation program, it shall be
returned to the commissioner.
(b)
By February 10, 2010, the commissioner shall report to the legislature on the
participation in and the effectiveness of the venison donation program.
Sec.
82. Minnesota Statutes 2006, section
97A.133, is amended by adding a subdivision to read:
Subd.
66. Vermillion Highlands Wildlife Management
Area, Dakota County.
Sec.
83. Minnesota Statutes 2006, section
97A.205, is amended to read:
97A.205 ENFORCEMENT OFFICER
POWERS.
An
enforcement officer is authorized to:
(1)
execute and serve court issued warrants and processes relating to wild animals,
wild rice, public waters, water pollution, conservation, and use of water, in
the same manner as a sheriff;
(2)
enter any land to carry out the duties and functions of the division;
(3)
make investigations of violations of the game and fish laws;
(4)
take an affidavit, if it aids an investigation;
(5) arrest, without a warrant,
a person who is detected in the actual violation of the game and fish laws, a
provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 103F, 103G,
sections 86B.001 to 86B.815, 89.51 to 89.61 89.64; or 609.66,
subdivision 1, clauses (1), (2), (5), and (7); and 609.68; and
(6)
take an arrested person before a court in the county where the offense was
committed and make a complaint.
Nothing
in this section grants an enforcement officer any greater powers than other
licensed peace officers.
Sec.
84. Minnesota Statutes 2006, section
97A.405, subdivision 2, is amended to read:
Subd.
2. Personal
possession. (a) A person acting
under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if the license has been issued to and
received by the person; or (2) the proper license identification number or
stamp validation, if the license has been sold to the person by electronic
means but the actual license has not been issued and received.
(b)
If possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the
license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's
license, state identification card, or other form of identification provided by
the commissioner, if the license has been sold to the person by electronic
means but the actual license has not been issued and received.
(c)
If the actual license has been issued and received, a receipt for license fees,
a copy of a license, or evidence showing the issuance of a license, including
the license identification number or stamp validation, does not entitle a
licensee to exercise the rights or privileges conferred by a license.
(d)
A license or stamp issued electronically and not immediately provided to
the licensee shall be mailed to the licensee within 30 days of purchase of the
license or stamp validation, except for a pictorial turkey stamp or a
pictorial trout and salmon stamp. A
pictorial turkey stamp or a pictorial, migratory waterfowl, pheasant,
or trout and salmon stamp shall be mailed provided to the
licensee after purchase of a license or stamp validation only if the
licensee pays an additional $2 fee.
Sec.
85. Minnesota Statutes 2006, section
97A.411, subdivision 1, is amended to read:
Subdivision
1. License
period. (a) Except as provided in
paragraphs (b), (c), and (d), and (e), a license is valid during
the lawful time within the license year that the licensed activity may be
performed. A license year begins on the
first day of March and ends on the last day of February.
(b)
A license issued under section 97A.475, subdivision 6, clause (5), 97A.475,
subdivision 7, clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause
(2), is valid for the full license period even if this period extends into the
next license year, provided that the license period selected by the licensee
begins at the time of issuance.
(c)
When the last day of February falls on a Saturday, an annual resident or
nonresident fish house or dark house license, including a rental fish house or
dark house license, obtained for the license year covering the last day of
February, is valid through Sunday, March 1 and the angling license of the fish
house licensee is extended through March 1.
(d)
A lifetime license issued under section 97A.473 or 97A.474 is valid during the
lawful time within the license year that the licensed activity may be performed
for the lifetime of the licensee.
(e)
A three-year fish house or dark house license is valid during the license year
that it is purchased and the two succeeding license years.
Sec.
86. Minnesota Statutes 2006, section
97A.451, subdivision 3a, is amended to read:
Subd.
3a. Nonresidents under age 16 18; small game. (a) A nonresident under age 16 18
may obtain a small game license at the resident fee under section 97A.475,
subdivision 2, clause (2), if the nonresident:
(1)
possesses a firearms safety certificate; or
(2)
if age 13 or under, is accompanied by a parent or guardian when purchasing the
license.
(b)
A nonresident age 13 or under must be accompanied by a parent or guardian to
take small game. A nonresident age 12
or under is not required to possess a firearms safety certificate under section
97B.020 to take small game.
Sec.
87. Minnesota Statutes 2006, section
97A.465, is amended by adding a subdivision to read:
Subd.
1a. Spouses
of residents on active military duty.
Notwithstanding section 97A.405, subdivision 5, the spouse of a
resident who is on active military duty may obtain resident hunting and fishing
licenses.
Sec.
88. Minnesota Statutes 2006, section
97A.465, is amended by adding a subdivision to read:
Subd.
1b. Residents
discharged from active service.
(a) A resident who has served at any time during the preceding 24
months in federal active service, as defined in section 190.05, subdivision 5c,
outside the United States as a member of the National Guard, or as a reserve
component or active duty member of the United States armed forces and has been
discharged from active service may take small game and fish without a license
if the resident possesses official military discharge papers. The resident must obtain the seals, tags,
and coupons required of a licensee, which must be furnished without charge.
(b)
The commissioner shall issue, without fee, a deer license to a resident who has
served at any time during the preceding 24 months in federal active service, as
defined in section 190.05, subdivision 5c, outside the United States as a
member of the National Guard, or as a reserve component or active duty member
of the United States armed forces and has been discharged from active
service. Eligibility under this
paragraph is limited to one license per resident.
Sec.
89. Minnesota Statutes 2006, section
97A.473, subdivision 3, is amended to read:
Subd.
3. Lifetime
small game hunting license; fee.
(a) A resident lifetime small game hunting license authorizes a person
to hunt and trap small game in the state. The license authorizes those hunting and trapping activities
authorized by the annual resident small game hunting license and
trapping licenses. The license does
not include a turkey stamp validation or any other hunting stamps required by
law.
(b)
The fees for a resident lifetime small game hunting license are:
(1)
age 3 and under, $217;
(2)
age 4 to age 15, $290;
(3)
age 16 to age 50, $363; and
(4)
age 51 and over, $213.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
Sec.
90. Minnesota Statutes 2006, section
97A.473, subdivision 5, is amended to read:
Subd.
5. Lifetime
sporting license; fee. (a) A
resident lifetime sporting license authorizes a person to take fish by angling
and hunt and trap small game in the state. The license authorizes those activities authorized by the annual
resident angling and, resident small game hunting, and
resident trapping licenses. The
license does not include a trout and salmon stamp validation, a turkey stamp
validation, or any other hunting stamps required by law.
(b)
The fees for a resident lifetime sporting license are:
(1)
age 3 and under, $357;
(2)
age 4 to age 15, $480;
(3)
age 16 to age 50, $613; and
(4)
age 51 and over, $413.
EFFECTIVE DATE. This section is effective August 1, 2007, and applies
retroactively to licenses issued after February 28, 2001.
Sec.
91. Minnesota Statutes 2006, section
97A.475, subdivision 3, is amended to read:
Subd.
3. Nonresident
hunting. (a) Fees for the
following licenses, to be issued to nonresidents, are:
(1)
for persons age 18 and older to take small game, $73;
(2)
for persons age 18 and older to take deer with firearms, $135;
(3)
for persons age 18 and older to take deer by archery, the greater of:
(i)
an amount equal to the total amount of license fees and surcharges charged to a
Minnesota resident to take deer by archery in the person's state or province of
residence; or
(ii) $135;
(4)
to take bear, $195;
(5)
to take turkey, $73;
(6)
to take raccoon, or bobcat, fox, or coyote, $155;
(7)
multizone license to take antlered deer in more than one zone, $270; and
(8)
to take Canada geese during a special season, $4;
(9)
for persons at least age 12 and under age 18 to take deer with firearms during
the regular firearms season in any open zone or time period, $13; and
(10)
for persons at least age 12 and under age 18 to take deer by archery, $13.
(b)
A $5 surcharge shall be added to nonresident hunting licenses issued under
paragraph (a), clauses (1) to (7). An
additional commission may not be assessed on this surcharge.
Sec.
92. Minnesota Statutes 2006, section
97A.475, is amended by adding a subdivision to read:
Subd.
3a. Deer
license surcharge. A person
may agree to add a donation of $1, $3, or $5 to the fees for annual resident
and nonresident licenses to take deer by firearms or archery established under
subdivisions 2, clauses (4), (5), (9), and (11), and 3, clauses (2), (3), and
(7). Beginning March 1, 2008, fees for
bonus licenses to take deer by firearms or archery established under section
97B.301, subdivision 4, must be increased by a surcharge of $1. An additional commission may not be assessed
on the donation or surcharge and the following statement must be included in
the annual deer hunting regulations: "The deer license donations and
surcharges are being paid by hunters for deer management, including assisting with
the costs of processing deer donated for charitable purposes."
Sec.
93. Minnesota Statutes 2006, 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, $34 $37.50;
(2)
to take fish by angling limited to seven consecutive days selected by the
licensee, $24 $26.50;
(3)
to take fish by angling for a 72-hour period selected by the licensee, $20
$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, $46 $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, $35 $38.50.
(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.
EFFECTIVE DATE. This section is effective March 1, 2008.
Sec.
94. Minnesota Statutes 2006, section
97A.475, subdivision 11, is amended to read:
Subd.
11. Fish houses and dark houses; residents. Fees for the following licenses are:
(1)
annual for a fish house or dark house that is not rented, $11.50; and
(2)
annual for a fish house or dark house that is rented, $26;
(3)
three-year for a fish house or dark house that is not rented, $34.50; and
(4)
three-year for a fish house or dark house that is rented, $78.
Sec.
95. Minnesota Statutes 2006, section
97A.475, subdivision 12, is amended to read:
Subd.
12. Fish houses; nonresident.
Fees for fish house licenses for a nonresident are:
(1)
annual, $33; and
(2)
seven consecutive days, $19; and
(3)
three-year, $99.
Sec.
96. Minnesota Statutes 2006, section
97A.485, subdivision 7, is amended to read:
Subd.
7. Electronic
licensing system commission. The
commissioner shall retain for the operation of the electronic licensing system
the commission established under section 84.027, subdivision 15, and issuing
fees collected by the commissioner on all license fees collected, excluding:
(1)
the small game surcharge; and
(2)
the deer license surcharges or donations under section 97A.475, subdivisions
3, paragraph (b), and 3a; and
(3)
$2.50 of
the license fee for the licenses in section 97A.475, subdivisions 6, clauses
(1), (2), and (4), 7, 8, 12, and 13.
Sec.
97. [97B.303] VENISON DONATIONS.
An
individual who legally takes a deer may donate the deer, for distribution to
charitable food assistance programs, to a meat processor that is licensed under
chapter 28A. An individual donating a
deer must supply the processor with the tag number under which the deer was
taken.
Sec.
98. Minnesota Statutes 2006, section
97B.601, subdivision 3, is amended to read:
Subd.
3. Nonresidents: raccoon, or bobcat, fox,
coyote. A nonresident may not
take raccoon, or bobcat, fox, or coyote by firearms
without a separate license to take that animal in addition to a small game
license.
Sec.
99. Minnesota Statutes 2006, section
97B.715, subdivision 1, is amended to read:
Subdivision
1. Stamp
required. (a) Except as provided in
paragraph (b) or section 97A.405, subdivision 2, a person required to possess a
small game license may not hunt pheasants without:
(1)
a pheasant stamp in possession; and
(2) a pheasant stamp validation
on the small game license when issued electronically.
(b)
The following persons are exempt from this subdivision:
(1)
residents under age 18 or over age 65;
(2)
persons hunting on licensed commercial shooting preserves; and
(3)
resident disabled veterans with a license issued under section 97A.441,
subdivision 6a.
Sec.
100. Minnesota Statutes 2006, section
97B.801, is amended to read:
97B.801 MINNESOTA MIGRATORY
WATERFOWL STAMP REQUIRED.
(a)
Except as provided in this section or section 97A.405, subdivision 2, a person
required to possess a small game license may not take migratory waterfowl without:
(1)
a Minnesota migratory waterfowl stamp in possession; and
(2) a migratory waterfowl stamp
validation on the small game license when issued electronically.
(b)
Residents under age 18 or over age 65; resident disabled veterans with a
license issued under section 97A.441, subdivision 6a; and persons hunting on
their own property are not required to possess a stamp or a license
validation under this section.
Sec.
101. Minnesota Statutes 2006, section
97C.081, subdivision 3, is amended to read:
Subd.
3. Contests
requiring a permit. (a) A person
must have a permit from the commissioner to conduct a fishing contest that does
not meet the criteria in subdivision 2.
Permits shall be issued without a fee. The commissioner shall
charge a fee for the permit that recovers the costs of issuing the permit and
of monitoring the activities allowed by the permit. The commissioner may waive the fee under this subdivision for a
charitable organization.
Notwithstanding section 16A.1283, the commissioner may, by written order
published in the State Register, establish contest permit fees. The fees are not subject to the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
(b)
If entry fees are over $25 per person, or total prizes are valued at more than
$25,000, and if the applicant has either:
(1)
not previously conducted a fishing contest requiring a permit under this
subdivision; or
(2)
ever failed to make required prize awards in a fishing contest conducted by the
applicant, the commissioner may require the applicant to furnish the
commissioner evidence of financial responsibility in the form of a surety bond
or bank letter of credit in the amount of $25,000.
(c)
The permit fee for any individual contest may not exceed the following amounts:
(1)
$120 for an open water contest not exceeding 100 participants and without
off-site weigh-in;
(2)
$400 for an open water contest with more than 100 participants and without
off-site weigh-in;
(3)
$500 for an open water contest not exceeding 100 participants with off-site
weigh-in;
(4)
$1,000 for an open water contest with more than 100 participants with off-site
weigh-in; or
(5)
$120 for an ice fishing contest with more than 150 participants.
Sec.
102. Minnesota Statutes 2006, section
97C.355, subdivision 2, is amended to read:
Subd.
2. License
required. A person may not take
fish from a dark house or fish house that is left unattended on the ice
overnight unless the house is licensed and has a license tag attached to
the exterior in a readily visible location, except as provided in this
subdivision. The commissioner must
issue a tag with a dark house or fish house license, marked with a number
to correspond with the license and the year of issue. A dark house or fish house license is not required of a resident
on boundary waters where the adjacent state does not charge a fee for the same
activity.
Sec.
103. Minnesota Statutes 2006, section
103B.101, is amended by adding a subdivision to read:
Subd.
12. Authority
to issue penalty orders. (a)
The board may issue an order requiring violations to be corrected and
administratively assessing monetary penalties of up to $10,000 per violation
for violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G,
any rules adopted under those chapters, and any standards, limitations, or
conditions established by the board.
(b)
Administrative penalties issued under paragraph (a) may be appealed according
to section 116.072, if the recipient of the penalty requests a hearing by
notifying the commissioner in writing within 30 days after receipt of the
order. For the purposes of this
section, the terms "commissioner" and "agency" as used in
section 116.072 mean the board. If a
hearing is not requested within the 30-day period, the order becomes a final
order not subject to further review.
(c)
Administrative penalty orders issued under paragraph (a) may be enforced under
section 116.072, subdivision 9. Penalty
amounts must be remitted within 30 days of issuance of the order.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
104. [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY AND OVERSIGHT.
Subdivision
1. Findings;
improving accountability and oversight. The legislature finds that a process is needed to monitor the
performance and activities of local water management entities. The process should be preemptive so that
problems can be identified early and systematically. Underperforming entities should be provided assistance and
direction for improving performance in a reasonable time frame.
Subd.
2. Definitions. For the purposes of this section,
"local water management entities" means watershed districts, soil and
water conservation districts, metropolitan water management organizations, and
counties operating separately or jointly in their role as local water
management authorities under chapter 103B, 103C, 103D, or 103G and chapter
114D.
Subd.
3. Evaluation
and report. The Board of
Water and Soil Resources shall evaluate performance, financial, and activity
information for each local water management entity. The board shall evaluate the entities' progress in accomplishing
their adopted plans on a regular basis, but not less than once every five years. The board shall maintain a summary of local
water management entity performance on the board's Web site. Beginning February 1, 2008, and annually
thereafter, the board shall provide an analysis of local water management
entity performance to the chairs of the house and senate committees having
jurisdiction over environment and natural resources policy.
Subd.
4. Corrective
actions. (a) In addition to
other authorities, the Board of Water and Soil Resources may, based on its
evaluation in subdivision 3, reduce, withhold, or redirect grants and other
funding if the local water management entity has not corrected deficiencies as
prescribed in a notice from the board within one year from the date of the
notice.
(b)
The board may defer a decision on a termination petition filed under section
103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the
evaluation under subdivision 3 or to communicate the results of the evaluation
to petitioners or to local and state government agencies.
Sec. 105. Minnesota Statutes 2006, section 103C.321,
is amended by adding a subdivision to read:
Subd.
6. Credit
card use. The supervisors
may authorize the use of a credit card by any soil and water conservation
district officer or employee otherwise authorized to make a purchase on behalf
of the soil and water conservation district.
If a soil and water conservation district officer or employee makes a
purchase by credit card that is not approved by the supervisors, the officer or
employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise
comply with all statutes, rules, or soil and water conservation district policy
applicable to soil and water conservation district purchases.
Sec.
106. Minnesota Statutes 2006, section
103D.325, is amended by adding a subdivision to read:
Subd.
4. Credit
card use. The managers may
authorize the use of a credit card by any watershed district officer or
employee otherwise authorized to make a purchase on behalf of the watershed
district. If a watershed district officer
or employee makes a purchase by credit card that is not approved by the
managers, the officer or employee is personally liable for the amount of the
purchase. A purchase by credit card
must otherwise comply with all statutes, rules, or watershed district policy
applicable to watershed district purchases.
Sec.
107. Minnesota Statutes 2006, section
103E.021, subdivision 1, is amended to read:
Subdivision
1. Spoil
banks must be spread and grass planted permanent vegetation
established. In any proceeding
to establish, construct, improve, or do any work affecting a public drainage
system under any law that appoints viewers to assess benefits and damages, the
authority having jurisdiction over the proceeding shall order spoil banks to be
spread consistent with the plan and function of the drainage system. The authority shall order that permanent
grass, other than a noxious weed, be planted on the banks ditch side
slopes and on a strip that a permanent strip of perennial
vegetation approved by the drainage authority be established on each side of
the ditch. Preference should be given
to planting native species of a local ecotype.
The approved perennial vegetation shall not impede future maintenance of
the ditch. The permanent strips of
perennial vegetation shall be 16-1/2 feet in width measured outward from
the top edge of the constructed channel resulting from the proceeding, or
to the crown of the leveled spoil bank, whichever is the greater, on each
side of the top edge of the channel of the ditch. except for an action
by a drainage authority that results only in a redetermination of benefits and
damages, for which the required width shall be 16-1/2 feet. Drainage system rights-of-way for the
acreage and additional property required for the planting permanent
strips must be acquired by the authority having jurisdiction.
Sec.
108. Minnesota Statutes 2006, section
103E.021, subdivision 2, is amended to read:
Subd.
2. Reseeding
and harvesting grass perennial vegetation. The authority having jurisdiction over the
repair and maintenance of the drainage system shall supervise all necessary
reseeding. The permanent grass
strips of perennial vegetation must be maintained in the same manner as
other drainage system repairs. Harvest
of the grass vegetation from the grass permanent
strip in a manner not harmful to the grass vegetation or the
drainage system is the privilege of the fee owner or assigns. The county drainage inspector shall
establish rules for the fee owner and assigns to harvest the grass
vegetation.
Sec.
109. Minnesota Statutes 2006, section
103E.021, subdivision 3, is amended to read:
Subd.
3. Agricultural
practices prohibited. Agricultural
practices, other than those required for the maintenance of a permanent growth
of grass perennial vegetation, are not permitted on any portion
of the property acquired for planting perennial vegetation.
Sec. 110. Minnesota Statutes 2006, section 103E.021,
is amended by adding a subdivision to read:
Subd.
6. Incremental
implementation of vegetated ditch buffer strips and side inlet controls. (a) Notwithstanding other provisions of
this chapter requiring appointment of viewers and redetermination of benefits
and damages, a drainage authority may implement permanent buffer strips of
perennial vegetation approved by the drainage authority or side inlet controls,
or both, adjacent to a public drainage ditch, where necessary to control
erosion and sedimentation, improve water quality, or maintain the efficiency of
the drainage system. Preference should
be given to planting native species of a local ecotype. The approved perennial vegetation shall not
impede future maintenance of the ditch.
The permanent strips of perennial vegetation shall be 16-1/2 feet in
width measured outward from the top edge of the existing constructed
channel. Drainage system rights-of-way
for the acreage and additional property required for the permanent strips must
be acquired by the authority having jurisdiction.
(b)
A project under this subdivision shall be implemented as a repair according to
section 103E.705, except that the drainage authority may appoint an engineer to
examine the drainage system and prepare an engineer's repair report for the
project.
(c)
Damages shall be determined by the drainage authority, or viewers, appointed by
the drainage authority, according to section 103E.315, subdivision 8. A damages statement shall be prepared,
including an explanation of how the damages were determined for each property
affected by the project, and filed with the auditor or watershed district. Within 30 days after the damages statement
is filed, the auditor or watershed district shall prepare property owners'
reports according to section 103E.323, subdivision 1, clauses (1), (2), (6),
(7), and (8), and mail a copy of the property owner's report and damages
statement to each owner of property affected by the proposed project.
(d)
After a damages statement is filed, the drainage authority shall set a time, by
order, not more than 30 days after the date of the order, for a hearing on the
project. At least ten days before the
hearing, the auditor or watershed district shall give notice by mail of the
time and location of the hearing to the owners of property and political
subdivisions likely to be affected by the project.
(e)
The drainage authority shall make findings and order the repairs to be made if
the drainage authority determines from the evidence presented at the hearing
and by the viewers and engineer, if appointed, that the repairs are necessary
for the drainage system and the costs of the repairs are within the limitations
of section 103E.705.
Sec.
111. [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING.
The
drainage authority shall annually submit a report to the Board of Water and
Soil Resources for the calendar year including:
(1)
the number and types of actions for which viewers were appointed;
(2)
the number of miles of buffer strips established according to section 103E.021;
(3)
the number of drainage system inspections conducted; and
(4)
the number of violations of section 103E.021 identified and enforcement actions
taken.
Sec.
112. Minnesota Statutes 2006, section
103E.315, subdivision 8, is amended to read:
Subd.
8. Extent
of damages. Damages to be paid may
include:
(1)
the fair market value of the property required for the channel of an open ditch
and the permanent grass strip of perennial vegetation under
section 103E.021;
(2) the diminished value of a
farm due to severing a field by an open ditch;
(3)
loss of crop production during drainage project construction; and
(4)
the diminished productivity or land value from increased overflow.;
and
(5)
costs to restore a perennial vegetative cover or structural practice existing
under a federal or state conservation program adjacent to the permanent drainage
system right-of-way and damaged by the drainage project.
Sec.
113. Minnesota Statutes 2006, section
103E.321, subdivision 1, is amended to read:
Subdivision
1. Requirements. The viewers' report must show, in tabular
form, for each lot, 40-acre tract, and fraction of a lot or tract under
separate ownership that is benefited or damaged:
(1)
a description of the lot or tract, under separate ownership, that is benefited
or damaged;
(2)
the names of the owners as they appear on the current tax records of the county
and their addresses;
(3)
the number of acres in each tract or lot;
(4)
the number and value of acres added to a tract or lot by the proposed drainage
of public waters;
(5)
the damage, if any, to riparian rights;
(6)
the damages paid for the permanent grass strip of perennial
vegetation under section 103E.021;
(7)
the total number and value of acres added to a tract or lot by the proposed
drainage of public waters, wetlands, and other areas not currently being
cultivated;
(8)
the number of acres and amount of benefits being assessed for drainage of areas
which before the drainage benefits could be realized would require a public
waters work permit to work in public waters under section 103G.245 to excavate
or fill a navigable water body under United States Code, title 33, section 403,
or a permit to discharge into waters of the United States under United States
Code, title 33, section 1344;
(9)
the number of acres and amount of benefits being assessed for drainage of areas
that would be considered conversion of a wetland under United States Code,
title 16, section 3821, if the area was placed in agricultural production;
(10)
the amount of right-of-way acreage required; and
(11)
the amount that each tract or lot will be benefited or damaged.
Sec.
114. Minnesota Statutes 2006, section
103E.701, is amended by adding a subdivision to read:
Subd.
7. Restoration;
disturbance or destruction by repair.
If a drainage system repair disturbs or destroys a perennial
vegetative cover or structural practice existing under a federal or state
conservation program adjacent to the permanent drainage system right-of-way,
the practice must be restored according to the applicable practice plan or as
determined by the drainage authority, if a practice plan is not available. Restoration costs shall be paid by the
drainage system.
Sec.
115. Minnesota Statutes 2006, section
103E.705, subdivision 1, is amended to read:
Subdivision
1. Inspection. After the construction of a drainage system
has been completed, the drainage authority shall maintain the drainage system
that is located in its jurisdiction, including grass the
permanent strips of perennial vegetation under section 103E.021,
and provide the repairs necessary to make the drainage system efficient. The drainage authority shall have the
drainage system inspected on a regular basis by an inspection committee of the
drainage authority or a drainage inspector appointed by the drainage authority. Open drainage ditches shall be inspected
at a minimum of every five years when no violation of section 103E.021 is found
and annually when a violation of section 103E.021 is found, until one year
after the violation is corrected.
Sec.
116. Minnesota Statutes 2006, section
103E.705, subdivision 2, is amended to read:
Subd.
2. Grass
Permanent strip of perennial vegetation inspection and compliance
notice. (a) The drainage authority
having jurisdiction over a drainage system must inspect the drainage system for
violations of section 103E.021. If an
inspection committee of the drainage authority or a drainage inspector
determines that permanent grass strips of perennial vegetation
are not being maintained in compliance with section 103E.021, a compliance
notice must be sent to the property owner.
(b)
The notice must state:
(1)
the date the ditch was inspected;
(2)
the persons making the inspection;
(3)
that spoil banks are to be spread in a manner consistent with the plan and
function of the drainage system and that the drainage system has
acquired a grass permanent strip 16-1/2 feet in width or to
the crown of the spoil bank, whichever is greater of perennial
vegetation, according to section 103E.021;
(4)
the violations of section 103E.021;
(5)
the measures that must be taken by the property owner to comply with section
103E.021 and the date when the property must be in compliance; and
(6)
that if the property owner does not comply by the date specified, the drainage
authority will perform the work necessary to bring the area into compliance
with section 103E.021 and charge the cost of the work to the property owner.
(c)
If a property owner does not bring an area into compliance with section
103E.021 as provided in the compliance notice, the inspection committee or
drainage inspector must notify the drainage authority.
(d)
This subdivision applies to property acquired under section 103E.021.
Sec.
117. Minnesota Statutes 2006, section
103E.705, subdivision 3, is amended to read:
Subd.
3. Drainage
inspection report. For each
drainage system that the board designates and requires the drainage inspector
to examine, the drainage inspector shall make a drainage inspection report in
writing to the board after examining a drainage system, designating portions
that need repair or maintenance of grass the permanent strips
of perennial vegetation and the location and nature of the repair or
maintenance. The board shall consider
the drainage inspection report at its next meeting and may repair all or any
part of the drainage system as provided under this chapter. The grass permanent strips
of perennial vegetation must be maintained in compliance with section
103E.021.
Sec.
118. Minnesota Statutes 2006, section
103E.728, subdivision 2, is amended to read:
Subd.
2. Additional
assessment for agricultural practices on grass permanent strip
of perennial vegetation. (a)
The drainage authority may, after notice and hearing, charge an additional
assessment on property that has agricultural practices on or otherwise violates
provisions related to the permanent grass strip of perennial
vegetation acquired under section 103E.021.
(b)
The drainage authority may determine the cost of the repair per mile of open
ditch on the ditch system. Property
that is in violation of the grass requirement shall be assessed a cost of 20
percent of the repair cost per open ditch mile multiplied by the length of open
ditch in miles on the property in violation.
(c)
After the amount of the additional assessment is determined and applied to the
repair cost, the balance of the repair cost may be apportioned pro rata as
provided in subdivision 1.
Sec.
119. [103F.518] REINVEST IN MINNESOTA CLEAN ENERGY PROGRAM.
Subdivision
1. Establishment
of program. (a) The board,
in consultation with the technical committee established in subdivision 11,
shall establish and administer a reinvest in Minnesota (RIM) clean energy
program that is in addition to the program under section 103F.515. Selection of land for the clean energy
program must be based on its potential benefits for bioenergy crop production,
water quality, soil health, reduction of chemical inputs, soil carbon storage,
biodiversity, and wildlife habitat.
(b)
For the purposes of this section, "diverse native prairie" means a
prairie planted from a mix of local
Minnesota native prairie species. A
selection from all available native prairie species may be made so as to match
species appropriate to local site conditions.
Subd.
2. Eligible
land. Eligible land under
this section must:
(1)
be owned by the landowner, or a parent or other blood relative of the
landowner, for at least one year before the date of application;
(2)
be at least five acres in size;
(3)
not be currently set aside, enrolled, or diverted under another federal or
state government program; and
(4)
have been in agricultural use, as defined in section 17.81, subdivision 4, or
have been set aside, enrolled, or diverted under another federal or state
program for at least two of the last five years before the date of application.
Subd.
3. Designation
of project areas. The board
shall develop a process to designate defined project areas. The designation process shall prioritize
projects that include coordinated cooperation of a cellulosic biofuel facility
or a bioenergy production facility, target impaired waters, or support other
state or local natural resource plans, goals, or objectives.
Subd.
4. Easements. The board may acquire, or accept by gift
or donation, easements on eligible land.
An easement may be permanent or of limited duration. An easement of limited duration may not be
acquired if it is for a period less than 20 years. The negotiation and acquisition of easements authorized by this
section are exempt from the contractual provisions of chapters 16B and 16C.
Subd.
5. Nature
of property rights acquired. (a)
An easement must prohibit:
(1)
agricultural crop production, unless approved by the board for energy
production purposes; and
(2)
spraying with chemicals, except as necessary to comply with noxious weed
control laws, emergency pest control necessary to protect public health, or as
needed to establish a productive planting as determined by the technical
committee under subdivision 11.
(b)
An easement is subject to the terms of the agreement provided in subdivision 6.
(c)
Agricultural crop production and harvest are limited to native, perennial
bioenergy crops. Harvest shall occur
outside of bird nesting season.
(d)
An easement must allow repairs, improvements, and inspections necessary to
maintain public drainage systems provided the easement area is restored to the
condition required by the terms of the easement.
(e)
An easement may allow nonnative perennial prairie or pasture established by
September 1, 2007, that meet the other objectives outlined in subdivision 7.
(f)
An easement may allow grazing of livestock only if practiced under a plan,
approved by the board, that protects water quality, wildlife habitat, and
biodiversity.
Subd.
6. Agreements
by landowner. The board may
enroll eligible land in the reinvest in Minnesota clean energy program by
signing an agreement in recordable form with a landowner in which the landowner
agrees:
(1)
to convey to the state an easement that is not subject to any prior title,
lien, or encumbrance;
(2)
to seed the land subject to the easement, as specified in the agreement, at
seeding rates determined by the board, or carry out other long-term capital
improvements approved by the board; and
(3)
that the easement duration may be lengthened through mutual agreement with the
board.
Subd.
7. Payments
for easements. The board
must develop a tiered payment system for easements partially based on the
benefits of the bioenergy crop production for water quality, soil health,
reduction in chemical inputs, soil carbon storage, biodiversity, and wildlife
habitat using cash rent or a similar system as may be determined by the
board. The payment system must provide
that the highest per-acre payment is for diverse native prairie and perennials.
Subd.
8. Easement
renewal. When an easement of
limited duration expires, a new easement and agreement for an additional period
of not less than 20 years may be acquired by agreement of the board and the
landowner under the terms of this section.
The board may adjust payment rates as a result of renewing an agreement
and easement only after examining the condition of the established plantings,
conservation practices, and land values.
Subd.
9. Correction
of easement boundary lines. To
correct errors in legal descriptions for easements that affect the ownership
interest in the state and adjacent landowners, the board may, in the name of
the state, with the approval of the attorney general, convey, without
consideration, interests of the state necessary to correct legal descriptions
of boundaries. The conveyance must be
by quitclaim deed or release in a form approved by the attorney general.
Subd.
10. Enforcement
and damages. (a) A landowner
who violates the term of an easement or agreement under this section, or
induces, assists, or allows another to do so, is liable to the state for treble
damages if the trespass is willful, but liable for double damages only if the
trespass is not willful. The amount of
damages is the amount needed to make the state whole or the amount the
landowner has gained due to the violation, whichever is greater.
(b)
Upon the request of the board, the attorney general may commence an action for
specific performances, injunctive relief, damages, including attorney fees, and
any other appropriate relief to enforce this section in district court in the
county where all or part of the violation is alleged to have been committed, or
where the landowner resides or has a principal place of business.
Subd.
11. Technical
committee. To ensure that
public benefits, including water quality, soil health, reduction of chemical
inputs, soil carbon storage, biodiversity, and wildlife habitat are secured
along with bioenergy crop production, the Board of Water and Soil Resources
shall appoint a technical committee consisting of one representative from the
Departments of Agriculture, Natural Resources, and Commerce and the Pollution
Control Agency; two farm organizations; one sustainable agriculture farmer
organization; three rural economic development organizations; three
environmental organizations; and three conservation or wildlife
organizations. The board and technical
committee shall consult with private sector organizations and University of
Minnesota researchers involved in biomass establishment and bioenergy or
biofuel conversion. The technical
committee is to develop program guidelines and standards, as appropriate to
ensure that reinvest in Minnesota clean energy program contracts provide public
benefits commensurate with the public investment. The technical committee shall review and make recommendations on
the guidelines and standards every five years.
Sec.
120. Minnesota Statutes 2006, section
103G.222, subdivision 1, is amended to read:
Subdivision
1. Requirements. (a) Wetlands must not be drained or filled,
wholly or partially, unless replaced by restoring or creating wetland areas of
at least equal public value under a replacement plan approved as provided in
section 103G.2242, a replacement plan under a local governmental unit's
comprehensive wetland protection and management plan approved by the board
under section 103G.2243, or, if a permit to mine is required under section
93.481, under a mining reclamation plan approved by the commissioner under the
permit to mine. Mining reclamation plans
shall apply the same principles and standards for replacing wetlands by
restoration or creation of wetland areas that are applicable to mitigation
plans approved as provided in section 103G.2242. Public value must be determined in accordance with section
103B.3355 or a comprehensive wetland protection and management plan established
under section 103G.2243. Sections
103G.221 to 103G.2372 also apply to excavation in permanently and
semipermanently flooded areas of types 3, 4, and 5 wetlands.
(b)
Replacement must be guided by the following principles in descending order of
priority:
(1)
avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland;
(2)
minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3)
rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;
(4)
reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5)
compensating for the impact by restoring a wetland; and
(6)
compensating for the impact by replacing or providing substitute wetland
resources or environments.
For
a project involving the draining or filling of wetlands in an amount not
exceeding 10,000 square feet more than the applicable amount in section
103G.2241, subdivision 9, paragraph (a), the local government unit may make an
on-site sequencing determination without a written alternatives analysis from
the applicant.
(c)
If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in
paragraph (b), provided that a deed restriction is placed on the altered
wetland prohibiting nonagricultural use for at least ten years.
(d)
If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
(b) and (e), the local government unit may require a deed restriction that
prohibits nonagricultural use for at least ten years unless the drained wetland
is replaced as provided under this section.
The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a
nonagricultural use within ten years based on the zoning classification, proximity
to a municipality or full service road, or other criteria as determined by the
local government unit.
(e)
Restoration
and replacement of wetlands must be accomplished in accordance with the ecology
of the landscape area affected and ponds that are created primarily to
fulfill stormwater management, and water quality treatment requirements may not
be used to satisfy replacement requirements under this chapter unless the
design includes pretreatment of runoff and the pond is functioning as a wetland.
(e) (f) Except as provided in
paragraph (f) (g), for a wetland or public waters wetland located
on nonagricultural land, replacement must be in the ratio of two acres of
replaced wetland for each acre of drained or filled wetland.
(f) (g) For a wetland or public
waters wetland located on agricultural land or in a greater than 80 percent
area, replacement must be in the ratio of one acre of replaced wetland for each
acre of drained or filled wetland.
(g) (h) Wetlands that are restored
or created as a result of an approved replacement plan are subject to the
provisions of this section for any subsequent drainage or filling.
(h) (i) Except in a greater than 80
percent area, only wetlands that have been restored from previously drained or
filled wetlands, wetlands created by excavation in nonwetlands, wetlands
created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained
or filled wetlands may be used in a statewide banking program established in
rules adopted under section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally occurring
wetlands from one type to another are not eligible for enrollment in a
statewide wetlands bank.
(i) (j) The Technical Evaluation
Panel established under section 103G.2242, subdivision 2, shall ensure that
sufficient time has occurred for the wetland to develop wetland characteristics
of soils, vegetation, and hydrology before recommending that the wetland be
deposited in the statewide wetland bank.
If the Technical Evaluation Panel has reason to believe that the wetland
characteristics may change substantially, the panel shall postpone its
recommendation until the wetland has stabilized.
(j) (k) This section and sections
103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state and its
departments and agencies.
(k) (l) For projects involving
draining or filling of wetlands associated with a new public transportation
project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the
cost to the board to establish credits.
Proceeds from the sale of credits provided under this paragraph are
appropriated to the board for the purposes of this paragraph.
(l) (m) A replacement plan for
wetlands is not required for individual projects that result in the filling or
draining of wetlands for the repair, rehabilitation, reconstruction, or
replacement of a currently serviceable existing state, city, county, or town
public road necessary, as determined by the public transportation authority, to
meet state or federal design or safety standards or requirements, excluding new
roads or roads expanded solely for additional traffic capacity lanes. This paragraph only applies to authorities
for public transportation projects that:
(1) minimize the amount of
wetland filling or draining associated with the project and consider mitigating
important site-specific wetland functions on-site;
(2)
except as provided in clause (3), submit project-specific reports to the board,
the Technical Evaluation Panel, the commissioner of natural resources, and
members of the public requesting a copy at least 30 days prior to construction
that indicate the location, amount, and type of wetlands to be filled or
drained by the project or, alternatively, convene an annual meeting of the
parties required to receive notice to review projects to be commenced during
the upcoming year; and
(3)
for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the
activity, to the board that indicate the location, amount, and type of wetlands
that have been filled or drained.
Those
required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section
103G.2242, subdivision 9. The Technical
Evaluation Panel shall review minimization and delineation decisions made by
the public transportation authority and provide recommendations regarding
on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.
Except
for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland
areas of public waters if authorized by the commissioner or a delegated
authority, drained or filled by public transportation projects on existing
roads.
Public
transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable
to avoid wetland filling or draining, provided that public safety is not
unreasonably compromised. The local
road authority and its officers and employees are exempt from liability for any
tort claim for injury to persons or property arising from travel on the highway
and related to the deviation from the design standards for construction or
reconstruction under this paragraph.
This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(m) (n) If a landowner seeks
approval of a replacement plan after the proposed project has already affected
the wetland, the local government unit may require the landowner to replace the
affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
(n) (o) A local government unit may
request the board to reclassify a county or watershed on the basis of its
percentage of presettlement wetlands remaining. After receipt of satisfactory documentation from the local government,
the board shall change the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to approve a
change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.
(o) (p) One hundred citizens who
reside within the jurisdiction of the local government unit may request the
local government unit to reclassify a county or watershed on the basis of its
percentage of presettlement wetlands remaining. In support of their petition, the citizens shall provide
satisfactory documentation to the local government unit. The local government unit shall consider the
petition and forward the request to the board under paragraph (n) (o)
or provide a reason why the petition is denied.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 121. Minnesota Statutes 2006, section 103G.222,
subdivision 3, is amended to read:
Subd.
3. Wetland
replacement siting. (a) Siting
wetland replacement must follow this priority order:
(1)
on site or in the same minor watershed as the affected wetland;
(2)
in the same watershed as the affected wetland;
(3)
in the same county as the affected wetland;
(4)
for replacement by wetland banking, in the same wetland bank service area as
the impacted wetland, except that impacts in a 50 to 80 percent area must be
replaced in a 50 to 80 percent area and impacts in a less than 50 percent area
must be replaced in a less than 50 percent area;
(5)
for project specific replacement, in an adjacent watershed or county to the
affected wetland, or for replacement by wetland banking, in an adjacent
wetland bank service area, except that impacts in a 50 to 80 percent area must
be replaced in a 50 to 80 percent area and impacts in a less than 50 percent
area must be replaced in a less than 50 percent area; and
(5) (6) statewide, only for
wetlands affected in greater than 80 percent areas and for public
transportation projects, except that wetlands affected in less than 50 percent
areas must be replaced in less than 50 percent areas, and wetlands affected in
the seven-county metropolitan area must be replaced at a ratio of two to one
in: (i) the affected county or, (ii) in
another of the seven metropolitan counties, or (iii) in one of the major
watersheds that are wholly or partially within the seven-county metropolitan
area, but at least one to one must be replaced within the seven-county
metropolitan area.
(b)
Notwithstanding paragraph (a), siting wetland replacement in greater than 80
percent areas may follow the priority order under this paragraph: (1) by wetland banking after evaluating
on-site replacement and replacement within the watershed; (2) replaced in an
adjacent wetland bank service area if wetland bank credits are not reasonably
available in the same wetland bank service area as the affected wetland, as
determined by a comprehensive inventory approved by the board; and (3)
statewide.
(c)
Notwithstanding paragraph (a), siting wetland replacement in the seven-county
metropolitan area must follow the priority order under this paragraph: (1) in the affected county; (2) in another
of the seven metropolitan counties; or (3) in one of the major watersheds that
are wholly or partially within the seven-county metropolitan area, but at least
one to one must be replaced within the seven-county metropolitan area.
(d)
The
exception in paragraph (a), clause (5) (6), does not apply to
replacement completed using wetland banking credits established by a person who
submitted a complete wetland banking application to a local government unit by
April 1, 1996.
(c) (e) When reasonable,
practicable, and environmentally beneficial replacement opportunities are not
available in siting priorities listed in paragraph (a), the applicant may seek
opportunities at the next level.
(d) (f) For the purposes of this
section, "reasonable, practicable, and environmentally beneficial
replacement opportunities" are defined as opportunities that:
(1)
take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;
(2)
have a high likelihood of becoming a functional wetland that will continue in
perpetuity;
(3) do not adversely affect
other habitat types or ecological communities that are important in maintaining
the overall biological diversity of the area; and
(4)
are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.
(e) (g) Regulatory agencies, local
government units, and other entities involved in wetland restoration shall
collaborate to identify potential replacement opportunities within their
jurisdictional areas.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
122. Minnesota Statutes 2006, section
103G.2241, subdivision 1, is amended to read:
Subdivision
1. Agricultural
activities. (a) A
replacement plan for wetlands is not required for:
(1)
activities in a wetland that was planted with annually seeded crops, was in a
crop rotation seeding of pasture grass or legumes, or was required to be set
aside to receive price support or other payments under United States Code,
title 7, sections 1421 to 1469, in six of the last ten years prior to January
1, 1991;
(2)
activities in a wetland that is or has been enrolled in the federal
conservation reserve program under United States Code, title 16, section 3831,
that:
(i)
was planted with annually seeded crops, was in a crop rotation seeding, or was
required to be set aside to receive price support or payment under United
States Code, title 7, sections 1421 to 1469, in six of the last ten years prior
to being enrolled in the program; and
(ii)
has not been restored with assistance from a public or private wetland
restoration program;
(3)
activities in a wetland that has received a commenced drainage determination
provided for by the federal Food Security Act of 1985, that was made to the
county Agricultural Stabilization and Conservation Service office prior to
September 19, 1988, and a ruling and any subsequent appeals or reviews have
determined that drainage of the wetland had been commenced prior to December
23, 1985;
(4) (2) activities in a type 1
wetland on agricultural pasture land that remains in the same use,
except for bottomland hardwood type 1 wetlands, and activities in a type 2 or
type 6 wetland that is less than two acres in size and located on agricultural pasture
land that remains in the same use;
(3)
activities in a wetland conducted as part of normal farming practices. For purposes of this clause, "normal
farming practices" means farming, silvicultural, grazing, and ranching
activities such as plowing, seeding, cultivating, and harvesting for the
production of feed, food, and fiber products, but does not include activities
that result in the draining of wetlands;
(4)
soil and water conservation practices approved by the soil and water
conservation district, after review by the Technical Evaluation Panel;
(5)
aquaculture activities including pond excavation and construction and
maintenance of associated access roads and dikes authorized under, and
conducted in accordance with, a permit issued by the United States Army Corps
of Engineers under section 404 of the federal Clean Water Act, United States
Code, title 33, section 1344, but not including construction or expansion of
buildings;
(6) wild rice production
activities, including necessary diking and other activities authorized under a
permit issued by the United States Army Corps of Engineers under section 404 of
the federal Clean Water Act, United States Code, title 33, section 1344; or
(7)
normal agricultural practices to control noxious or secondary weeds as defined
by rule of the commissioner of agriculture, in accordance with applicable
requirements under state and federal law, including established best management
practices; and
(8) (7) agricultural activities in
a wetland that is on agricultural land:
(i)
annually enrolled in the federal Agriculture Improvement and Reform Act of 1996
and is subject to United States Code, title 16, sections 3821 to 3823, in
effect on January 1, 2000; or
(ii)
that is subject to subsequent federal
farm program restrictions that meet minimum state standards under this chapter and
sections 103A.202 and 103B.3355 and that have been approved by the Board of
Water and Soil Resources, the commissioners of natural resources and
agriculture, and the Pollution Control Agency.
(b)
Land enrolled in a federal farm program under paragraph (a), clause (8), is
eligible for easement participation for those acres not already compensated
under a federal program.
(c)
The exemption under paragraph (a), clause (4), may be expanded to additional
acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland
system, when the additional acreage is part of a conservation plan approved by
the local soil and water conservation district, the additional draining or
filling is necessary for efficient operation of the farm, the hydrology of the
larger wetland system is not adversely affected, and wetlands other than types
1, 2, and 6 are not drained or filled.
Sec.
123. Minnesota Statutes 2006, section
103G.2241, subdivision 2, is amended to read:
Subd.
2. Drainage. (a) For the purposes of this subdivision,
"public drainage system" means a drainage system as defined in
section 103E.005, subdivision 12, and any ditch or tile lawfully connected to
the drainage system.
(b)
A replacement plan is not required for draining of type 1 wetlands, or up to
five acres of type 2 or 6 wetlands, in an unincorporated area on land that has
been assessed drainage benefits for a public drainage system, provided that:
(1)
during the 20-year period that ended January 1, 1992:
(i)
there was an expenditure made from the drainage system account for the public
drainage system;
(ii)
the public drainage system was repaired or maintained as approved by the
drainage authority; or
(iii)
no repair or maintenance of the public drainage system was required under section
103E.705, subdivision 1, as determined by the public drainage authority; and
(2)
the wetlands are not drained for conversion to:
(i)
platted lots;
(ii)
planned unit, commercial, or industrial developments; or
(iii) any development with more
than one residential unit per 40 acres, except for parcels subject to local
zoning standards that allow for family members to establish an additional
residence on the same 40 acres.
If wetlands drained under
this paragraph are converted to uses prohibited under clause (2) during the
ten-year period following drainage, the wetlands must be replaced under section
103G.222.
(c)
A replacement plan is not required for draining or filling of wetlands, except
for draining types 3, 4, and 5 wetlands that have been in existence for more
than 25 years, resulting from maintenance and repair of existing public
drainage systems.
(d)
A replacement plan is not required for draining or filling of wetlands, except
for draining wetlands that have been in existence for more than 25 years,
resulting from maintenance and repair of existing drainage systems other than
public drainage systems.
(e)
A replacement plan is not required for draining or filling of wetlands
resulting from activities conducted as part of a public drainage system
improvement project that received final approval from the drainage authority
before July 1, 1991, and after July 1, 1986, if:
(1)
the approval remains valid;
(2)
the project remains active; and
(3)
no additional drainage will occur beyond that originally approved.
(e)
A replacement plan is not required for draining agricultural land that: (1) was planted with annually seeded crops
before July 5, except for crops that are normally planted after that date, in
eight out of the ten most recent years prior to the impact; (2) was in a crop
rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a
crop production purpose, in eight out of the ten most recent years prior to the
impact; or (3) was enrolled in a state or federal land conservation program and
met the requirements of clause (1) or (2) before enrollment.
(f)
The public drainage authority may, as part of the repair, install control
structures, realign the ditch, construct dikes along the ditch, or make other
modifications as necessary to prevent drainage of the wetland.
(g)
Wetlands of all types that would be drained as a part of a public drainage
repair project are eligible for the permanent wetlands preserve under section
103F.516. The board shall give priority
to acquisition of easements on types 3, 4, and 5 wetlands that have been in
existence for more than 25 years on public drainage systems and other wetlands
that have the greatest risk of drainage from a public drainage repair project.
Sec.
124. Minnesota Statutes 2006, section
103G.2241, subdivision 3, is amended to read:
Subd.
3. Federal
approvals. A replacement plan for
wetlands is not required for:
(1)
activities exempted from federal regulation under United States Code, title 33,
section 1344(f), as in effect on January 1, 1991;
(2)
activities authorized under, and conducted in accordance with, an applicable
general permit issued by the United States Army Corps of Engineers under
section 404 of the federal Clean Water Act, United States Code, title 33, section
1344, except the nationwide permit in Code of Federal Regulations, title 33,
section 330.5, paragraph (a), clauses (14), limited to when a new road crosses
a wetland, and (26), as in effect on January 1, 1991; or
(3) activities authorized under
the federal Clean Water Act, section 404, or the Rivers and Harbors Act,
section 10, regulations that meet minimum state standards under this chapter
and sections 103A.202 and 103B.3355 and that have been approved by the Board of
Water and Soil Resources, the commissioners of natural resources and
agriculture, and the Pollution Control Agency.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
125. Minnesota Statutes 2006, section
103G.2241, subdivision 6, is amended to read:
Subd.
6. Utilities;
public works. (a) A
replacement plan for wetlands is not required for:
(1)
placement, maintenance, repair, enhancement, or replacement of utility or
utility-type service if:
(i)
the impacts of the proposed project on the hydrologic and biological
characteristics of the wetland have been avoided and minimized to the extent
possible; and
(ii)
the proposed project significantly modifies or alters less than one-half acre
of wetlands;
(2)
activities associated with routine maintenance of utility and pipeline
rights-of-way, provided the activities do not result in additional intrusion
into the wetland;
(3)
alteration of a wetland associated with the operation, maintenance, or repair
of an interstate pipeline within all existing or acquired interstate pipeline
rights-of-way;
(4)
emergency repair and normal maintenance and repair of existing public works,
provided the activity does not result in additional intrusion of the public
works into the wetland and does not result in the draining or filling, wholly
or partially, of a wetland;
(5)
normal maintenance and minor repair of structures causing no additional
intrusion of an existing structure into the wetland, and maintenance and repair
of private crossings that do not result in the draining or filling, wholly or
partially, of a wetland; or
(6)
repair and updating of existing individual sewage treatment systems as
necessary to comply with local, state, and federal regulations.
(1)
new placement or maintenance, repair, enhancement, or replacement of existing
utility or utility-type service, including pipelines, if:
(i)
the direct and indirect impacts of the proposed project have been avoided and
minimized to the extent possible; and
(ii)
the proposed project significantly modifies or alters less than one-half acre
of wetlands;
(2)
activities associated with operation, routine maintenance, or emergency repair
of existing utilities and public work structures, including pipelines, provided
the activities do not result in additional wetland intrusion or additional
draining or filling of a wetland either wholly or partially; or
(3)
repair and updating of existing individual sewage treatment systems necessary
to comply with local, state, and federal regulations.
(b)
For maintenance, repair, and replacement, the local government unit may issue a
seasonal or annual exemption certification or the utility may proceed without
local government unit certification if the utility is carrying out the work
according to approved best management practices. Work of an emergency nature may proceed as necessary and any
drain or fill activities shall be addressed with the local government unit
after the emergency work has been completed.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
126. Minnesota Statutes 2006, section
103G.2241, subdivision 9, is amended to read:
Subd.
9. De
minimis. (a) Except as provided in
paragraphs (b) and (c), a replacement plan for wetlands is not required for
draining or filling the following amounts of wetlands as part of a project:
(1)
10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a
greater than 80 percent area;
(2)
5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to
80 percent area, except within the 11-county metropolitan area;
(3)
2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area, except within the 11-county
metropolitan area;
(4)
400 100 square feet of wetland types not listed in clauses (1) to
(3) outside of the building setback zone of the shoreland wetland protection
zones in all counties; or
(5)
400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland types
listed in clauses (1) to (3), in beyond the building
setback zone, as defined in the local shoreland management ordinance, but
within the shoreland wetland protection zone, except that. In a greater than 80 percent area, the
local government unit may increase the de minimis amount up to 1,000 square
feet in the shoreland protection zone in areas beyond the building setback
if the wetland is isolated and is determined to have no direct surficial
connection to the public water. To the
extent that a local shoreland management ordinance is more restrictive than
this provision, the local shoreland ordinance applies.;
(6)
up to 20 square feet of wetland, regardless of type or location;
(7)
2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and
tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to
80 percent area within the 11-county metropolitan area; or
(8)
1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland
protection zone in a less than 50 percent area within the 11-county
metropolitan area.
For
purposes of this paragraph, the 11-county metropolitan area consists of the
counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
Sherburne, Washington, and Wright.
(b)
The amounts listed in paragraph (a), clauses (1) to (5) (8), may
not be combined on a project.
(c)
This exemption no longer applies to a landowner's portion of a wetland when the
cumulative area drained or filled of the landowner's portion since January 1,
1992, is the greatest of:
(1)
the applicable area listed in paragraph (a), if the landowner owns the entire
wetland;
(2)
five percent of the landowner's portion of the wetland; or
(3)
400 square feet.
(d)
This exemption may not be combined with another exemption in this section on a
project.
(e)
Property may not be divided to increase the amounts listed in paragraph (a).
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
127. Minnesota Statutes 2006, section
103G.2241, subdivision 11, is amended to read:
Subd.
11. Exemption conditions. (a) A
person conducting an activity in a wetland under an exemption in subdivisions 1
to 10 shall ensure that:
(1)
appropriate erosion control measures are taken to prevent sedimentation of the
water;
(2)
the activity does not block fish passage in a watercourse; and
(3)
the activity is conducted in compliance with all other applicable federal,
state, and local requirements, including best management practices and water
resource protection requirements established under chapter 103H.
(b)
An activity is exempt if it qualifies for any one of the exemptions, even
though it may be indicated as not exempt under another exemption.
(c)
Persons proposing to conduct an exempt activity are encouraged to contact the
local government unit or the local government unit's designee for advice on
minimizing wetland impacts.
(d)
The board shall develop rules that address the application and implementation
of exemptions and that provide for estimates and reporting of exempt wetland
impacts, including those in section 103G.2241, subdivisions 2, 6, and 9.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
128. Minnesota Statutes 2006, section
103G.2242, subdivision 2, is amended to read:
Subd.
2. Evaluation. (a) Questions concerning the public value,
location, size, or type of a wetland shall be submitted to and determined by a
Technical Evaluation Panel after an on-site inspection. The Technical Evaluation Panel shall be
composed of a technical professional employee of the board, a technical
professional employee of the local soil and water conservation district or districts,
a technical professional with expertise in water resources management appointed
by the local government unit, and a technical professional employee of the
Department of Natural Resources for projects affecting public waters or
wetlands adjacent to public waters. The
panel shall use the "United States Army Corps of Engineers Wetland
Delineation Manual" (January 1987), including updates, supplementary
guidance, and replacements, if any, "Wetlands of the United States"
(United States Fish and Wildlife Service Circular 39, 1971 edition), and
"Classification of Wetlands and Deepwater Habitats of the United
States" (1979 edition). The panel
shall provide the wetland determination and recommendations on other technical
matters to the local government unit that must approve a replacement plan,
wetland banking plan, exemption determination, no-loss determination, or
wetland boundary or type determination and may recommend approval or denial of
the plan. The authority must consider
and include the decision of the Technical Evaluation Panel in their approval or
denial of a plan or determination.
(b)
Persons conducting wetland or public waters boundary delineations or type
determinations are exempt from the requirements of chapter 326. By January 15, 2001, the board, in
consultation with the Minnesota Association of Professional Soil Scientists,
the University of Minnesota, and the Wetland Delineators' Association, shall
submit a plan for a professional wetland delineator certification program to
the legislature. The board may develop a professional wetland delineator
certification program.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
129. Minnesota Statutes 2006, section
103G.2242, subdivision 2a, is amended to read:
Subd.
2a. Wetland boundary or type determination. (a) A landowner may apply for a wetland boundary or type
determination from the local government unit.
The landowner applying for the determination is responsible for submitting
proof necessary to make the determination, including, but not limited to,
wetland delineation field data, observation well data, topographic mapping,
survey mapping, and information regarding soils, vegetation, hydrology, and
groundwater both within and outside of the proposed wetland boundary.
(b)
A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision
2, and, if necessary, expand the Technical Evaluation Panel. The local government unit may delegate the
decision authority for wetland boundary or type determinations with the
zoning administrator to designated staff, or establish other
procedures it considers appropriate.
(c)
The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the
decision, the local government unit decision must be mailed to the landowner,
members of the Technical Evaluation Panel, the watershed district or watershed management
organization, if one exists, and individual members of the public who request a
copy.
(d)
Appeals of decisions made by designated local government staff must be made
to the local government unit.
Notwithstanding any law to the contrary, a ruling on an appeal must be
made by the local government unit within 30 days from the date of the filing of
the appeal.
(e)
The local
government unit decision is valid for three years unless the Technical
Evaluation Panel determines that natural or artificial changes to the
hydrology, vegetation, or soils of the area have been sufficient to alter the
wetland boundary or type.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
130. Minnesota Statutes 2006, section
103G.2242, subdivision 9, is amended to read:
Subd.
9. Appeal. (a) Appeal of a replacement plan, exemption,
wetland banking, wetland boundary or type determination, or no-loss
decision, or restoration order may be obtained by mailing a petition and
payment of a filing fee of $200, which shall be retained by the board to
defray administrative costs, to the board within 30 days after the postmarked
date of the mailing specified in subdivision 7. If appeal is not sought within 30 days, the decision becomes
final. The local government unit may
require the petitioner to post a letter of credit, cashier's check, or cash in
an amount not to exceed $500. If
the petition for hearing is accepted, the amount posted must be returned to the
petitioner. Appeal may be made by:
(1)
the wetland owner;
(2)
any of those to whom notice is required to be mailed under subdivision 7; or
(3)
100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after
receiving a petition, the board shall decide whether to grant the petition and
hear the appeal. The board shall grant
the petition unless the board finds that:
(1)
the appeal is meritless, trivial, or brought solely for the purposes of delay;
(2)
the petitioner has not exhausted all local administrative remedies;
(3)
expanded technical review is needed;
(4)
the local government unit's record is not adequate; or
(5)
the petitioner has not posted a letter of credit, cashier's check, or cash if
required by the local government unit.
(c)
In determining whether to grant the appeal, the board shall also consider the
size of the wetland, other factors in controversy, any patterns of similar acts
by the local government unit or petitioner, and the consequences of the delay
resulting from the appeal.
(d)
All appeals must be heard by the committee for dispute resolution of the board,
and a decision made within 60 days of filing the local government unit's record
and the written briefs submitted for the appeal. The decision must be served by mail on the parties to the appeal,
and is not subject to the provisions of chapter 14. A decision whether to grant a petition for appeal and a decision
on the merits of an appeal must be considered the decision of an agency in a
contested case for purposes of judicial review under sections 14.63 to 14.69.
(e)
Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this
subdivision. Fees established under
this authority shall not exceed $1,000.
Establishment of the fee is not subject to the rulemaking process of
chapter 14 and section 14.386 does not apply.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
131. Minnesota Statutes 2006, section
103G.2242, subdivision 12, is amended to read:
Subd.
12. Replacement credits. (a) No
public or private wetland restoration, enhancement, or construction may be
allowed for replacement unless specifically designated for replacement and paid
for by the individual or organization performing the wetland restoration,
enhancement, or construction, and is completed prior to any draining or filling
of the wetland.
(b)
Paragraph (a) does not apply to a wetland whose owner has paid back with
interest the individual or organization restoring, enhancing, or constructing
the wetland.
(c)
Notwithstanding section 103G.222, subdivision 1, paragraph (h) (i),
the following actions, and others established in rule, that are consistent with
criteria in rules adopted by the board in conjunction with the commissioners of
natural resources and agriculture, are eligible for replacement credit as
determined by the local government unit, including enrollment in a statewide
wetlands bank:
(1)
reestablishment of permanent native, noninvasive vegetative cover on a wetland
on agricultural land that was planted with annually seeded crops, was in a crop
rotation seeding of pasture grasses or legumes, or was in a land retirement
program during the past ten years;
(2)
buffer areas of permanent native, noninvasive vegetative cover established or
preserved on upland adjacent to replacement wetlands;
(3) wetlands restored for
conservation purposes under terminated easements or contracts; and
(4)
water quality treatment ponds constructed to pretreat storm water runoff prior
to discharge to wetlands, public waters, or other water bodies, provided that
the water quality treatment ponds must be associated with an ongoing or
proposed project that will impact a wetland and replacement credit for the
treatment ponds is based on the replacement of wetland functions and on an
approved stormwater management plan for the local government.
(d)
Notwithstanding section 103G.222, subdivision 1, paragraphs (e) (f)
and (f) (g), the board may establish by rule different
replacement ratios for restoration projects with exceptional natural resource
value.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
132. Minnesota Statutes 2006, section
103G.2242, subdivision 15, is amended to read:
Subd.
15. Fees paid to board. All
fees established in subdivision subdivisions 9 and 14 must be
paid to the Board of Water and Soil Resources and credited to the general
fund to be used for the purpose of administration of the wetland bank
and to process appeals under section 103G.2242, subdivision 9.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
133. Minnesota Statutes 2006, section
103G.2243, subdivision 2, is amended to read:
Subd.
2. Plan
contents. A comprehensive wetland
protection and management plan may:
(1)
provide for classification of wetlands in the plan area based on:
(i)
an inventory of wetlands in the plan area;
(ii)
an assessment of the wetland functions listed in section 103B.3355, using a
methodology chosen by the Technical Evaluation Panel from one of the
methodologies established or approved by the board under that section; and
(iii)
the resulting public values;
(2)
vary application of the sequencing standards in section 103G.222, subdivision
1, paragraph (b), for projects based on the classification and criteria set
forth in the plan;
(3)
vary the replacement standards of section 103G.222, subdivision 1, paragraphs (e)
(f) and (f) (g), based on the classification and criteria set
forth in the plan, for specific wetland impacts provided there is no net loss
of public values within the area subject to the plan, and so long as:
(i)
in a 50 to 80 percent area, a minimum acreage requirement of one acre of
replaced wetland for each acre of drained or filled wetland requiring
replacement is met within the area subject to the plan; and
(ii)
in a less than 50 percent area, a minimum acreage requirement of two acres of
replaced wetland for each acre of drained or filled wetland requiring
replacement is met within the area subject to the plan, except that replacement
for the amount above a 1:1 ratio can be accomplished as described in section
103G.2242, subdivision 12; and
(4)
in a greater than 80 percent area, allow replacement credit, based on the
classification and criteria set forth in the plan, for any project that
increases the public value of wetlands, including activities on adjacent upland
acres; and.
(5) in a greater than 80
percent area, based on the classification and criteria set forth in the plan,
expand the application of the exemptions in section 103G.2241, subdivision 1,
paragraph (a), clause (4), to also include nonagricultural land, provided there
is no net loss of wetland values.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
134. Minnesota Statutes 2006, section
103G.235, is amended to read:
103G.235 RESTRICTIONS ON
ACCESS TO PUBLIC WATERS WETLANDS.
Subdivision
1. Wetlands
adjacent to roads. To protect
the public health or safety, local units of government may by ordinance
restrict public access to public waters wetlands from municipality, county, or
township roads that abut public waters wetlands.
Subd.
2. Privately
restored or created wetlands. When
a landowner creates a new wetland or restores a formerly existing wetland on
private land that is adjacent to public land or a public road right-of-way,
there is no public access to the created or restored wetland if posted by the
landowner.
Sec.
135. Minnesota Statutes 2006, section
103G.301, subdivision 2, is amended to read:
Subd.
2. Permit
application fees. (a) A permit
application fee to defray the costs of receiving, recording, and processing the
application must be paid for a permit authorized under this chapter and for
each request to amend or transfer an existing permit.
(b)
The fee for a project appropriating water in excess of 100 million gallons per
year must be assessed to recover the reasonable costs of preparing and
processing the permit, including costs for environmental review. Fees collected under this paragraph must be
credited to an account in the natural resources fund and are appropriated to
the commissioner for fiscal years 2008 and 2009.
(b) (c) The fee to apply for a
permit to appropriate water, other than a permit subject to the fee under
paragraph (b); a permit to construct or repair a dam that is subject to dam
safety inspection,; or a state general permit or to apply for the
state water bank program is $150. The
application fee for a permit to work in public waters or to divert waters for
mining must be at least $150, but not more than $1,000, according to a schedule
of fees adopted under section 16A.1285.
Sec.
136. Minnesota Statutes 2006, section
115.55, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) The definitions in this subdivision
apply to sections 115.55 to 115.56.
(b)
"Advisory committee" means the Advisory Committee on Individual
Sewage Treatment Systems established under the individual sewage treatment
system rules. The advisory committee
must be appointed to ensure geographic representation of the state and include
elected public officials.
(c)
"Applicable requirements" means:
(1)
local ordinances that comply with the individual sewage treatment system rules,
as required in subdivision 2; or
(2)
in areas not subject to the ordinances described in clause (1), the individual
sewage treatment system rules.
(d)
"City" means a statutory or home rule charter city.
(e) "Commissioner"
means the commissioner of the Pollution Control Agency.
(f)
"Dwelling" means a building or place used or intended to be used by
human occupants as a single-family or two-family unit.
(g)
"Individual sewage treatment system" or "system" means a
sewage treatment system, or part thereof, serving a dwelling, other establishment,
or group thereof, that uses subsurface soil treatment and disposal, or a
holding tank, serving a dwelling, other establishment, or a group thereof.
(h)
"Individual sewage treatment system professional" means an inspector,
installer, site evaluator or designer, or pumper.
(i)
"Individual sewage treatment system rules" means rules adopted by the
agency that establish minimum standards and criteria for the design, location,
installation, use, and maintenance of individual sewage treatment systems.
(j)
"Inspector" means a person who inspects individual sewage treatment
systems for compliance with the applicable requirements.
(k)
"Installer" means a person who constructs or repairs individual
sewage treatment systems.
(l)
"Local unit of government" means a township, city, or county.
(m)
"Performance-based system" means a system that is designed
specifically for a site and the environmental conditions on that site and
designed to adequately protect the public health and the environment and
provide long-term performance. At a
minimum, a performance based system must ensure that applicable water quality
standards are met in both ground and surface water that ultimately receive the
treated wastewater.
(n)
"Pumper"
means a person who maintains components of individual sewage treatment systems
including, but not limited to, septic, aerobic, and holding tanks.
(n) (o) "Seasonal
dwelling" means a dwelling that is occupied or used for less than 180 days
per year and less than 120 consecutive days.
(o) (p) "Septic system
tank" means any covered receptacle designed, constructed, and installed as
part of an individual sewage treatment system.
(p) (q) "Site evaluator or
designer" means a person who:
(1)
investigates soils and site characteristics to determine suitability,
limitations, and sizing requirements; and
(2)
designs individual sewage treatment systems.
(q) (r) "Straight-pipe
system" means a sewage disposal system that includes toilet waste and
transports raw or partially settled sewage directly to a lake, a stream, a
drainage system, or ground surface.
Sec.
137. Minnesota Statutes 2006, section
115.55, subdivision 2, is amended to read:
Subd.
2. Local
ordinances. (a) All counties adoption by the agency. County ordinances must apply to all areas of
the county other than cities or towns that have adopted ordinances that comply
with this section and are as strict as the applicable county ordinances. that
did not adopt ordinances by May 7, 1994, or that do not have ordinances,
must adopt ordinances that comply with revisions to the individual
sewage treatment system rules by January 1, 1999, unless all towns and
cities in the county have adopted such ordinances within two years of
the final Any ordinance adopted by a local unit of
government before May 7, 1994, to regulate individual sewage treatment systems
must be in compliance with the individual sewage treatment system rules by
January 1, 1998.
(b)
A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.
(c)
A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under
this section.
Sec.
138. Minnesota Statutes 2006, section
115.55, subdivision 3, is amended to read:
Subd.
3. Rules. (a) The agency shall adopt rules containing
minimum standards and criteria for the design, location, installation, use, and
maintenance of individual sewage treatment systems. The rules must include:
(1)
how the agency will ensure compliance under subdivision 2;
(2)
how local units of government shall enforce ordinances under subdivision 2,
including requirements for permits and inspection programs;
(3)
how the advisory committee will participate in review and implementation of the
rules;
(4)
provisions for alternative nonstandard systems and performance-based systems;
(5)
provisions for handling and disposal of effluent;
(6)
provisions for system abandonment; and
(7)
procedures for variances, including the consideration of variances based on
cost and variances that take into account proximity of a system to other
systems.
(b)
The agency shall consult with the advisory committee before adopting rules
under this subdivision.
(c)
Notwithstanding the repeal of the agency rule under which the commissioner has
established a list of warrantied individual sewage treatment systems, the
warranties for all systems so listed as of the effective date of the repeal
shall continue to be valid for the remainder of the warranty period.
(d)
The rules required in paragraph (a) must also address the following:
(1)
a definition of redoximorphic features and other criteria that can be used by
system designers and inspectors;
(2)
direction on the interpretation of observed soil features that may be
redoximorphic and their relation to zones of seasonal saturation; and
(3)
procedures on how to resolve professional disagreements on seasonally saturated
soils.
These rules must be in place
by March 31, 2006.
Sec.
139. Minnesota Statutes 2006, section
115.55, is amended by adding a subdivision to read:
Subd.
12. Advisory
committee; county individual sewage treatment system management plan. (a) A county may adopt an individual
sewage treatment system management plan that describes how the county plans on
carrying out individual sewage treatment system needs. The commissioner of the Pollution Control
Agency shall form an advisory committee to determine what the plans should
address. The advisory committee shall
be made up of representatives of the Association of Minnesota Counties,
Pollution Control Agency, Board of Water and Soil Resources, Department of
Health, and other public agencies or local units of government that have an
interest in individual sewage treatment systems.
(b)
The advisory committee shall advise the agency on the standards, management,
monitoring, and reporting requirements for performance-based systems.
Sec.
140. Minnesota Statutes 2006, section
116C.92, is amended to read:
116C.92 COORDINATION OF
ACTIVITIES.
Subdivision
1. State
coordinating organization. The
Environmental Quality Board is designated the state coordinating organization
for state and federal regulatory activities relating to genetically engineered
organisms.
Subd.
2. Notice
of nationwide action. The
board shall notify interested parties if a permit to release genetically
engineered wild rice is issued anywhere in the United States. For purposes of this subdivision,
"interested parties" means:
(1)
the state's wild rice industry;
(2)
the legislature;
(3)
federally recognized tribes within Minnesota; and
(4)
individuals who request to be notified.
Sec.
141. Minnesota Statutes 2006, section
116C.94, subdivision 1, is amended to read:
Subdivision
1. General
authority. (a) Except as provided
in paragraph (b), the board shall adopt rules consistent with sections
116C.91 to 116C.96 that require an environmental assessment worksheet and
otherwise comply with chapter 116D and rules adopted under it for a proposed
release and a permit for a release. The
board may place conditions on a permit and may deny, modify, suspend, or revoke
a permit.
(b)
The board shall adopt rules that require an environmental impact statement and
otherwise comply with chapter 116D and rules adopted under it for a proposed
release and a permit for a release of genetically engineered wild rice. The board may place conditions on the permit
and may deny, modify, suspend, or revoke the permit.
Sec.
142. Minnesota Statutes 2006, section
116C.97, subdivision 2, is amended to read:
Subd.
2. Federal
oversight. (a) If the board
determines, upon its own volition or at the request of any person, that a
federal program exists for regulating the release of certain genetically
engineered organisms and the federal oversight under the program is adequate to
protect human health or the environment, then any person may release such
genetically engineered organisms after obtaining the necessary federal approval
and without obtaining a state release permit or a significant environmental
permit or complying with the other requirements of sections 116C.91 to 116C.96
and the rules of the board adopted pursuant to section 116C.94.
(b)
If the board determines the federal program is adequate to meet only certain
requirements of sections 116C.91 to 116C.96 and the rules of the board adopted
pursuant to section 116C.94, the board may exempt such releases from those
requirements.
(c)
A person proposing a release for which a federal authorization is required may
apply to the board for an exemption from the board's permit or to a state
agency with a significant environmental permit for the proposed release for an
exemption from the agency's permit. The
proposer must file with the board or state agency a written request for
exemption with a copy of the federal application and the information necessary
to determine if there is a potential for significant environmental effects
under chapter 116D and rules adopted under it.
The board or state agency shall give public notice of the request in the
first available issue of the EQB Monitor and shall provide an opportunity for
public comment on the environmental review process consistent with chapter 116D
and rules adopted under it. The board
or state agency may grant the exemption if the board or state agency finds that
the federal authorization issued is adequate to meet the requirements of
chapter 116D and rules adopted under it and any other requirement of the
board's or state agency's authority regarding the release of genetically
engineered organisms. The board or
state agency must grant or deny the exemption within 45 days after the receipt
of the written request and the information required by the board or state
agency.
(d)
This subdivision does not apply to genetically engineered organisms for which
an environmental impact statement is required under sections 116C.91 to
116C.96.
Sec. 143. [144.995] DEFINITIONS; ENVIRONMENTAL
HEALTH TRACKING AND BIOMONITORING.
(a)
For purposes of sections 144.995 to 144.998, the terms in this section have the
meanings given.
(b)
"Advisory panel" means the Environmental Health Tracking and
Biomonitoring Advisory Panel established under section 144.998.
(c)
"Biomonitoring" means the process by which chemicals and their
metabolites are identified and measured within a biospecimen.
(d)
"Biospecimen" means a sample of human fluid, serum, or tissue that is
reasonably available as a medium to measure the presence and concentration of
chemicals or their metabolites in a human body.
(e)
"Commissioner" means the commissioner of the Department of Health.
(f)
"Community" means geographically or nongeographically based
populations that may participate in the biomonitoring program. A "nongeographical community"
includes, but is not limited to, populations that may share a common chemical
exposure through similar occupations, populations experiencing a common health
outcome that may be linked to chemical exposures, populations that may
experience similar chemical exposures because of comparable consumption, lifestyle,
product use, and subpopulations that share ethnicity, age, or gender.
(g)
"Department" means the Department of Health.
(h)
"Designated chemicals" means those chemicals that are known to, or
strongly suspected of, adversely impacting human health or development, based
upon scientific, peer-reviewed animal, human, or in vitro studies, and baseline
human exposure data, and consists of chemical families or metabolites that are
included in the federal Centers for Disease Control and Prevention studies that
are known collectively as the National Reports on Human Exposure to
Environmental Chemicals Program and any substances specified by the
commissioner after receiving recommendations under section 144.998, subdivision
3, clause (6).
(i)
"Environmental hazard" means a chemical or other substance for which
scientific, peer-reviewed studies of humans, animals, or cells have
demonstrated that the chemical is known or reasonably anticipated to adversely
impact human health.
(j)
"Environmental health tracking" means collection, integration,
analysis, and dissemination of data on human exposures to chemicals in the environment and on diseases
potentially caused or aggravated by those chemicals.
Sec.
144. [144.996] ENVIRONMENTAL HEALTH TRACKING; BIOMONITORING.
Subdivision
1. Environmental
health tracking. In
cooperation with the commissioner of the Pollution Control Agency, the
commissioner shall establish an environmental health tracking program to:
(1)
coordinate data collection with the Pollution Control Agency, Department of
Agriculture, University of Minnesota, and any other relevant state agency and
work to promote the sharing of and access to health and environmental databases
to develop an environmental health tracking system for Minnesota, consistent
with applicable data practices laws;
(2)
facilitate the dissemination of aggregate public health tracking data to the
public and researchers in accessible format;
(3)
develop a strategic plan that includes a mission statement, the identification
of core priorities for research and epidemiologic surveillance, and the
identification of internal and external stakeholders, and a work plan
describing future program development and addressing issues having to do with
compatibility with the Centers for Disease Control and Prevention's National
Environmental Public Health Tracking Program;
(4)
develop written data sharing agreements as needed with the Pollution Control
Agency, Department of Agriculture, and other relevant state agencies and
organizations, and develop additional procedures as needed to protect
individual privacy;
(5)
organize, analyze, and interpret available data, in order to:
(i)
characterize statewide and localized trends and geographic patterns of
population-based measures of chronic diseases including, but not limited to,
cancer, respiratory diseases, reproductive problems, birth defects, neurologic
diseases, and developmental disorders;
(ii)
characterize statewide and localized trends and geographic patterns in the
occurrence of environmental hazards and exposures;
(iii)
assess the feasibility of integrating disease rate data with indicators of
exposure to the selected environmental hazards such as biomonitoring data, and
other health and environmental data;
(iv)
incorporate newly collected and existing health tracking and biomonitoring data
into efforts to identify communities with elevated rates of chronic disease,
higher likelihood of exposure to environmental hazards, or both;
(v)
analyze occurrence of environmental hazards, exposures, and diseases with
relation to socioeconomic status, race, and ethnicity;
(vi)
develop and implement targeted plans to conduct more intensive health tracking
and biomonitoring among communities; and
(vii)
work with the Pollution Control Agency, the Department of Agriculture, and
other relevant state agency personnel and organizations to develop, implement,
and evaluate preventive measures to reduce elevated rates of diseases and
exposures identified through activities performed under sections 144.995 to 144.998;
and
(6)
submit a biennial report to the chairs and ranking members of the committees
with jurisdiction over environment and health by January 15, beginning January
15, 2009, on the status of environmental health tracking activities and related
research programs, with recommendations for a comprehensive environmental
public health tracking program.
Subd.
2. Biomonitoring. The commissioner shall:
(1)
conduct biomonitoring of communities on a voluntary basis by collecting and analyzing biospecimens, as appropriate,
to assess environmental exposures to designated chemicals;
(2)
conduct biomonitoring of pregnant women and minors on a voluntary basis, when
scientifically appropriate;
(3)
communicate findings to the public, and plan ensuing stages of biomonitoring
and disease tracking work to further develop and refine the integrated
analysis;
(4)
share analytical results with the advisory panel and work with the panel to
interpret results, communicate findings to the public, and plan ensuing stages
of biomonitoring work; and
(5)
submit a biennial report to the chairs and ranking members of the committees
with jurisdiction over environment and health by January 15, beginning January
15, 2009, on the status of the biomonitoring program and any recommendations
for improvement.
Subd.
3. Health
data. Data collected under
the biomonitoring program are health data under section 13.3805.
Sec.
145. [144.997] BIOMONITORING PILOT PROGRAM.
Subdivision
1. Pilot
program. With advice from
the advisory panel, and after the program guidelines in subdivision 4 are
developed, the commissioner shall implement a biomonitoring pilot program. The program shall collect one biospecimen
from each of the voluntary participants.
The biospecimen selected must be the biospecimen that most accurately
represents body concentration of the chemical of interest. Each biospecimen from the voluntary
participants must be analyzed for one type or class of related chemicals. The commissioner shall determine the
chemical or class of chemicals to which community members were most likely
exposed. The program shall collect and
assess biospecimens in accordance with the following:
(1)
30 voluntary participants from each of three communities that the commissioner
identifies as likely to have been exposed to a designated chemical;
(2)
100 voluntary participants from each of two communities:
(i)
that the commissioner identifies as likely to have been exposed to arsenic; and
(ii)
that the commissioner identifies as likely to have been exposed to mercury; and
(3)
100 voluntary participants from each of two communities that the commissioner
identifies as likely to have been exposed to perfluorinated chemicals,
including perfluorobutanoic acid.
Subd. 2.
(b)
Following the conclusion of the pilot program, the commissioner shall:
(1)
work with the advisory panel to assess the usefulness of continuing
biomonitoring among members of communities assessed during the pilot program
and to identify other communities and other designated chemicals to be assessed
via biomonitoring;
(2)
work with the advisory panel to assess the pilot program, including but not
limited to the validity and accuracy of the analytical measurements and
adequacy of the guidelines and protocols;
(3)
communicate the results of the pilot program to the public; and
(4)
after consideration of the findings and recommendations in clauses (1) and (2),
and within the appropriations available, develop and implement a base program.
Subd.
3. Participation. (a) Participation in the biomonitoring
program by providing biospecimens is voluntary and requires written, informed
consent. Minors may participate in the
program if a written consent is signed by the minor's parent or legal guardian. The written consent must include the
information required to be provided under this subdivision to all voluntary
participants.
(b)
All participants shall be evaluated for the presence of the designated chemical
of interest as a component of the biomonitoring process. Participants shall be provided with
information and fact sheets about the program's activities and its
findings. Individual participants
shall, if requested, receive their complete results. Any results provided to participants shall be subject to the
Department of Health Institutional Review Board protocols and guidelines. When either physiological or chemical data
obtained from a participant indicate a significant known health risk, program
staff experienced in communicating biomonitoring results shall consult with the
individual and recommend follow-up steps, as appropriate. Program administrators shall receive
training in administering the program in an ethical, culturally sensitive,
participatory, and community-based manner.
Subd.
4. Program
guidelines. (a) The
commissioner, in consultation with the advisory panel, shall develop:
(1)
protocols or program guidelines that address the science and practice of
biomonitoring to be utilized and procedures for changing those protocols to
incorporate new and more accurate or efficient technologies as they become
available. The commissioner and the
advisory panel shall be guided by protocols and guidelines developed by the
Centers for Disease Control and Prevention and the National Biomonitoring
Program;
(2)
guidelines for ensuring the privacy of information; informed consent; follow-up
counseling and support; and communicating findings to participants,
communities, and the general public.
The informed consent used for the program must meet the informed consent
protocols developed by the National Institutes of Health;
(3)
educational and outreach materials that are culturally appropriate for
dissemination to program participants and communities. Priority shall be given to the development
of materials specifically designed to ensure that parents are informed about
all of the benefits of breastfeeding so that the program does not result in an
unjustified fear of toxins in breast milk, which might inadvertently lead
parents to avoid breastfeeding. The
materials shall communicate relevant scientific findings; data on the
accumulation of pollutants to community health; and the required responses by
local, state, and other governmental entities in regulating toxicant exposures;
(4) a training program that is
culturally sensitive specifically for health care providers, health educators,
and other program administrators;
(5)
a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings; and
(6)
a method for informing affected communities and local governments representing
those communities concerning biomonitoring activities and for receiving
comments from citizens concerning those activities.
(b)
The commissioner may enter into contractual agreements with health clinics,
community-based organizations, or experts in a particular field to perform any
of the activities described under this section.
Sec.
146. [144.998] ENVIRONMENTAL HEALTH TRACKING AND BIOMONITORING ADVISORY
PANEL.
Subdivision
1. Creation. The commissioner shall establish the
Environmental Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint, from the
panel's membership, a chair. The panel
shall meet as often as it deems necessary but, at a minimum, on a quarterly
basis. Members of the panel shall serve
without compensation but shall be reimbursed for travel and other necessary
expenses incurred through performance of their duties. Members appointed by the commissioner are
appointed for a three-year term and may be reappointed. Legislative appointees serve at the pleasure
of the appointing authority.
Subd.
2. Members. (a) The commissioner shall appoint eight
members, none of whom may be lobbyists registered under chapter 10A, who have
backgrounds or training in designing, implementing, and interpreting health
tracking and biomonitoring studies or in related fields of science, including
epidemiology, biostatistics, environmental health, laboratory sciences,
occupational health, industrial hygiene, toxicology, and public health,
including:
(1)
at least two scientists representative of each of the following:
(i)
nongovernmental organizations with a focus on environmental health,
environmental justice, children's health, or on specific chronic diseases; and
(ii)
statewide business organizations; and
(2)
at least one scientist who is a representative of the University of Minnesota.
(b)
Two citizen panel members meeting the scientific qualifications in paragraph
(a) shall be appointed, one by the speaker of the house and one by the senate
majority leader.
(c)
In addition, one representative each shall be appointed by the commissioners of
the Pollution Control Agency and the Department of Agriculture, and by the
commissioner of health to represent the department's Health Promotion and
Chronic Disease Division.
Subd.
3. Duties. The advisory panel shall make
recommendations to the commissioner and the legislature on:
(1)
priorities for health tracking;
(2)
priorities for biomonitoring that are based on sound science and practice, and
that will advance the state of public health in Minnesota;
(3) specific chronic diseases
to study under the environmental health tracking system;
(4)
specific environmental hazard exposures to study under the environmental health
tracking system, with the agreement of at least nine of the advisory panel
members;
(5)
specific communities and geographic areas on which to focus environmental
health tracking and biomonitoring efforts;
(6)
specific chemicals to study under the biomonitoring program, with the agreement
of at least nine of the advisory panel members; in making these
recommendations, the panel may consider the following criteria:
(i)
the degree of potential exposure to the public or specific subgroups,
including, but not limited to, occupational;
(ii)
the likelihood of a chemical being a carcinogen or toxicant based on
peer-reviewed health data, the chemical structure, or the toxicology of
chemically related compounds;
(iii)
the limits of laboratory detection for the chemical, including the ability to
detect the chemical at low enough levels that could be expected in the general
population;
(iv)
exposure or potential exposure to the public or specific subgroups;
(v)
the known or suspected health effects resulting from the same level of exposure
based on peer-reviewed scientific studies;
(vi)
the need to assess the efficacy of public health actions to reduce exposure to
a chemical;
(vii)
the availability of a biomonitoring analytical method with adequate accuracy,
precision, sensitivity, specificity, and speed;
(viii)
the availability of adequate biospecimen samples; or
(ix)
other criteria that the panel may agree to; and
(7)
other aspects of the design, implementation, and evaluation of the
environmental health tracking and biomonitoring system, including, but not
limited to:
(i)
identifying possible community partners and sources of additional public or
private funding;
(ii)
developing outreach and educational methods and materials; and
(iii)
disseminating environmental health tracking and biomonitoring findings to the
public.
Subd.
4. Liability. No member of the panel shall be held
civilly or criminally liable for an act or omission by that person if the act
or omission was in good faith and within the scope of the member's
responsibilities under sections 144.995 to 144.998.
Sec. 147. Minnesota Statutes 2006, section 219.99, is
amended to read:
219.99 RAILROAD PRAIRIE
RIGHT-OF-WAY; BEST MANAGEMENT PRACTICES.
The
commissioner of natural resources shall conduct a field review of railroad
rights-of-way to identify native prairie.
The priority will be to identify and conduct a field review of any
surveys which have been conducted previously, whether by public or private
persons, of native prairies within railroad rights-of-way in this state. In cooperation with railroad companies, the
commissioner shall identify management practices used to control vegetation
along railroad rights-of-way. The
commissioner shall then assess the impact of those management practices on the
prairie lands within the railroad rights-of-way. Based on that assessment, the commissioner and railroad companies
shall jointly develop voluntary best management practices for prairie lands
within railroad rights-of-way. The
commissioner shall, to the extent feasible, work with private individuals and
groups to cause to be erected markers at either end of each native prairie
within a railroad right-of-way.
Sec.
148. Minnesota Statutes 2006, section
282.04, subdivision 1, is amended to read:
Subdivision
1. Timber
sales; land leases and uses. (a)
The county auditor may sell timber upon any tract that may be approved by the
natural resources commissioner. The
sale of timber shall be made for cash at not less than the appraised value
determined by the county board to the highest bidder after not less than one
week's published notice in an official paper within the county. Any timber offered at the public sale and
not sold may thereafter be sold at private sale by the county auditor at not
less than the appraised value thereof, until the time as the county board may
withdraw the timber from sale. The
appraised value of the timber and the forestry practices to be followed in the
cutting of said timber shall be approved by the commissioner of natural
resources.
(b)
Payment of the full sale price of all timber sold on tax-forfeited lands shall
be made in cash at the time of the timber sale, except in the case of oral or
sealed bid auction sales, the down payment shall be no less than 15 percent of
the appraised value, and the balance shall be paid prior to entry. In the case of auction sales that are
partitioned and sold as a single sale with predetermined cutting blocks, the
down payment shall be no less than 15 percent of the appraised price of the
entire timber sale which may be held until the satisfactory completion of the
sale or applied in whole or in part to the final cutting block. The value of each separate block must be
paid in full before any cutting may begin in that block. With the permission of the county contract
administrator the purchaser may enter unpaid blocks and cut necessary timber
incidental to developing logging roads as may be needed to log other blocks
provided that no timber may be removed from an unpaid block until separately
scaled and paid for. If payment is
provided as specified in this paragraph as security under paragraph (a) and no
cutting has taken place on the contract, the county auditor may credit the
security provided, less any down payment required for an auction sale under
this paragraph, to any other contract issued to the contract holder by the
county under this chapter to which the contract holder requests in writing that
it be credited, provided the request and transfer is made within the same
calendar year as the security was received.
(c)
The county board may purchaser, to be audited and
allowed by the county board as in case of other claims against the county. No timber, except hardwood pulpwood, may be
removed from the parcels of land or other designated landings until scaled by a
person or persons designated by the county board and approved by the
commissioner of natural resources.
Landings other than the parcel of land from which timber is cut may be
designated for scaling by the county board by written agreement with the
purchaser of the timber. The county
board may, by written agreement with the purchaser and with a consumer
designated by the purchaser when the timber is sold by the county auditor, and
with the approval of the commissioner of natural resources, accept the
consumer's scale of cut products delivered at the consumer's landing. No timber shall be removed until fully paid
for in cash. Small amounts of timber
not exceeding $3,000 in appraised valuation may be sold for not less than the
full appraised value at private sale to individual persons without first
publishing notice of sale or calling for bids, provided that in case of a sale
involving a total appraised value of more than $200 the sale shall be made
subject to final settlement on the basis of a scale of cut products in the
manner above provided and not more than two of the sales, directly or
indirectly to any individual shall be in effect at one time.require final settlement on the basis of a scale of cut
products sell any timber, including biomass, as appraised or scaled. Any parcels of land from which timber is to
be sold by scale of cut products shall be so designated in the published notice
of sale under paragraph (a), in which case the notice shall contain a
description of the parcels, a statement of the estimated quantity of each
species of timber, and the appraised price of each species of timber for 1,000
feet, per cord or per piece, as the case may be. In those cases any bids offered over and above the appraised
prices shall be by percentage, the percent bid to be added to the appraised
price of each of the different species of timber advertised on the land. The purchaser of timber from the parcels
shall pay in cash at the time of sale at the rate bid for all of the timber
shown in the notice of sale as estimated to be standing on the land, and in
addition shall pay at the same rate for any additional amounts which the final
scale shows to have been cut or was available for cutting on the land at the
time of sale under the terms of the sale.
Where the final scale of cut products shows that less timber was cut or
was available for cutting under terms of the sale than was originally paid for,
the excess payment shall be refunded from the forfeited tax sale fund upon the
claim of the
(d)
As directed by the county board, the county auditor may lease tax-forfeited
land to individuals, corporations or organized subdivisions of the state at
public or private sale, and at the prices and under the terms as the county
board may prescribe, for use as cottage and camp sites and for agricultural
purposes and for the purpose of taking and removing of hay, stumpage, sand,
gravel, clay, rock, marl, and black dirt from the land, and for garden sites
and other temporary uses provided that no leases shall be for a period to
exceed ten years; provided, further that any leases involving a consideration
of more than $12,000 per year, except to an organized subdivision of the state
shall first be offered at public sale in the manner provided herein for sale of
timber. Upon the sale of any leased
land, it shall remain subject to the lease for not to exceed one year from the
beginning of the term of the lease. Any
rent paid by the lessee for the portion of the term cut off by the cancellation
shall be refunded from the forfeited tax sale fund upon the claim of the
lessee, to be audited and allowed by the county board as in case of other
claims against the county.
(e)
As directed by the county board, the county auditor may lease tax-forfeited
land to individuals, corporations, or organized subdivisions of the state at
public or private sale, at the prices and under the terms as the county board
may prescribe, for the purpose of taking and removing for use for road
construction and other purposes tax-forfeited stockpiled iron-bearing
material. The county auditor must
determine that the material is needed and suitable for use in the construction
or maintenance of a road, tailings basin, settling basin, dike, dam, bank fill,
or other works on public or private property, and that the use would be in the
best interests of the public. No lease
shall exceed ten years. The use of a
stockpile for these purposes must first be approved by the commissioner of natural
resources. The request shall be deemed
approved unless the requesting county is notified to the contrary by the
commissioner of natural resources within six months after receipt of a request
for approval for use of a stockpile.
Once use of a stockpile has been approved, the county may continue to
lease it for these purposes until approval is withdrawn by the commissioner of
natural resources.
(f)
The county auditor, with the approval of the county board is authorized to
grant permits, licenses, and leases to tax-forfeited lands for the depositing
of stripping, lean ores, tailings, or waste products from mines or ore milling
plants, upon the conditions and for the consideration and for the period of
time, not exceeding 15 years, as the county board may determine. The permits, licenses, or leases are subject
to approval by the commissioner of natural resources.
(g)
Any person who removes any timber from tax-forfeited land before said timber
has been scaled and fully paid for as provided in this subdivision is guilty of
a misdemeanor.
(h)
The county auditor may, with the approval of the county board, and without
first offering at public sale, grant leases, for a term not exceeding 25 years,
for the removal of peat and for the production or removal of farm-grown
closed-loop biomass as defined in section 216B.2424, subdivision 1, or
short-rotation woody crops from tax-forfeited lands upon the terms and
conditions as the county board may prescribe.
Any lease for the removal of peat, farm-grown
closed-loop biomass, or short-rotation woody crops from tax-forfeited lands
must first be reviewed and approved by the commissioner of natural resources if
the lease covers 320 or more acres. No
lease for the removal of peat, farm-grown closed-loop biomass, or
short-rotation woody crops shall be made by the county auditor pursuant to this
section without first holding a public hearing on the auditor's intention to
lease. One printed notice in a legal
newspaper in the county at least ten days before the hearing, and posted notice
in the courthouse at least 20 days before the hearing shall be given of the
hearing.
(i)
Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis
County auditor may, at the discretion of the county board, sell timber to the
party who bids the highest price for all the several kinds of timber, as provided
for sales by the commissioner of natural resources under section 90.14. Bids offered over and above the appraised
price need not be applied proportionately to the appraised price of each of the
different species of timber.
(j)
In lieu of any payment or deposit required in paragraph (b), as directed by the
county board and under terms set by the county board, the county auditor may
accept an irrevocable bank letter of credit in the amount equal to the amount
otherwise determined in paragraph (b).
If an irrevocable bank letter of credit is provided under this
paragraph, at the written request of the purchaser, the county may periodically
allow the bank letter of credit to be reduced by an amount proportionate to the
value of timber that has been harvested and for which the county has received
payment. The remaining amount of the
bank letter of credit after a reduction under this paragraph must not be less
than 20 percent of the value of the timber purchased. If an irrevocable bank letter of credit or cash deposit is
provided for the down payment required in paragraph (b), and no cutting of
timber has taken place on the contract for which a letter of credit has been
provided, the county may allow the transfer of the letter of credit to any
other contract issued to the contract holder by the county under this chapter
to which the contract holder requests in writing that it be credited.
Sec.
149. [325E.385] PRODUCTS CONTAINING POLYBROMINATED DIPHENYL ETHER.
Subdivision
1. Definitions. For the purposes of sections 325E.386 to
325E.388, the terms in this section have the meanings given them.
Subd.
2. Commercial
decabromodiphenyl ether. "Commercial
decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl
ether, including associated polybrominated diphenyl ether impurities not
intentionally added.
Subd.
3. Commissioner. "Commissioner" means the
commissioner of the Pollution Control Agency.
Subd.
4. Manufacturer. "Manufacturer" means any
person, firm, association, partnership, corporation, governmental entity,
organization, or joint venture that produces a product containing
polybrominated diphenyl ethers or an importer or domestic distributor of a
noncomestible product containing polybrominated diphenyl ethers.
Subd.
5. Polybrominated
diphenyl ethers or PBDE's. "Polybrominated
diphenyl ethers" or "PBDE's" means chemical forms that consist
of diphenyl ethers bound with bromine atoms.
Polybrominated diphenyl ethers include, but are not limited to, the three
primary forms of the commercial mixtures known as pentabromodiphenyl ether,
octabromodiphenyl ether, and decabromodiphenyl ether.
Subd.
6. Retailer. "Retailer" means a person who
offers a product for sale at retail through any means, including, but not
limited to, remote offerings such as sales outlets, catalogs, or the Internet,
but does not include a sale that is a wholesale transaction with a distributor
or a retailer.
Subd.
7. Used
product. "Used
product" means any product that has been previously owned, purchased, or
sold in commerce. Used product does not
include any product manufactured after January 1, 2008.
Sec.
150. [325E.386] PRODUCTS CONTAINING CERTAIN POLYBROMINATED DIPHENYL
ETHERS BANNED; EXEMPTIONS.
Subdivision
1. Penta-
and octabromodiphenyl ethers. Except
as provided in subdivision 3, beginning January 1, 2008, a person may not
manufacture, process, or distribute in commerce a product or flame-retardant
part of a product containing more than one-tenth of one percent of
pentabromodiphenyl ether or octabromodiphenyl ether by mass.
Subd.
2. Exemptions. The following products containing
polybrominated diphenyl ethers are exempt from subdivision 1 and section
325E.387, subdivision 2:
(1)
the sale or distribution of any used transportation vehicle with component
parts containing polybrominated diphenyl ethers;
(2)
the sale or distribution of any used transportation vehicle parts or new
transportation vehicle parts manufactured before January 1, 2008, that contain
polybrominated diphenyl ethers;
(3)
the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of equipment containing polybrominated diphenyl ethers and used
primarily for military or federally funded space program applications. This exemption does not cover consumer-based
goods with broad applicability;
(4)
the sale or distribution by a business, charity, public entity, or private
party of any used product containing polybrominated diphenyl ethers;
(5)
the manufacture, sale, or distribution of new carpet cushion made from recycled
foam containing more than one-tenth of one percent polybrominated diphenyl
ether;
(6)
medical devices; or
(7) the manufacture, sale, repair, distribution,
maintenance, refurbishment, or modification of telecommunications equipment containing
polybrominated diphenyl ethers used by entities eligible to hold authorization
in the Public Safety Pool under Code of Federal Regulations, title 47, part 90.
In-state
retailers in possession of products on January 1, 2008, that are banned for sale
under subdivision 1 may exhaust their stock through sales to the public. Nothing in this section restricts the
ability of a manufacturer, importer, or distributor from transporting products containing polybrominated diphenyl
ethers through the state, or storing
such products in the state for later distribution outside the state.
Sec.
151. [325E.387] REVIEW OF DECABROMODIPHENYL ETHER.
Subdivision
1. Commissioner
duties. The commissioner in
consultation with the commissioners of health and public safety shall review
uses of commercial decabromodiphenyl ether, availability of technically
feasible and safer alternatives, fire safety, and any evidence regarding the
potential harm to public health and the environment posed by commercial
decabromodiphenyl ether and the alternatives.
The commissioner must consult with key stakeholders. The commissioner must also review the
findings from similar state and federal agencies and must report their findings
and recommendations to the appropriate committees of the legislature no later
than January 15, 2008.
Subd.
2. State
procurement. By January 1,
2008, the commissioner of administration shall make available for purchase and
use by all state agencies equipment, supplies, and other products that do not
contain polybrominated diphenyl ethers, unless exempted under section 325E.386,
subdivision 2.
Sec.
152. [325E.388] PENALTIES.
A
manufacturer who violates sections 325E.386 to 325E.388 is subject to a civil
penalty not to exceed $1,000 for each violation in the case of a first
offense. A manufacturer is subject to a
civil penalty not to exceed $5,000 for each repeat offense. Penalties collected under this section must
be deposited in an account in the special revenue fund and are appropriated in
fiscal years 2008 and 2009 to the commissioner to implement and enforce this
section.
Sec.
153. Minnesota Statutes 2006, section
394.23, is amended to read:
394.23 COMPREHENSIVE PLAN.
The
board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive
plan or plans when adopted by ordinance must be the basis for official controls
adopted under the provisions of sections 394.21 to 394.37. The commissioner of natural resources
must provide the natural heritage data from the county biological survey, if
available, to each county for use in the comprehensive plan.
Sec.
154. Minnesota Statutes 2006, section
462.353, subdivision 2, is amended to read:
Subd.
2. Studies
and reports. In exercising its
powers under subdivision 1, a municipality may collect and analyze data,
prepare maps, charts, tables, and other illustrations and displays, and conduct
necessary studies. A municipality may
publicize its purposes, suggestions, and findings on planning matters, may
distribute reports thereon, and may advise the public on the planning matters
within the scope of its duties and objectives.
The commissioner of natural resources must provide the natural
heritage data from the county biological survey, if available, to each municipality
for use in the comprehensive plan.
Sec.
155. Laws 2003, chapter 128, article 1,
section 167, subdivision 1, as amended by Laws 2005, First Special Session
chapter 1, article 2, section 152, is amended to read:
Subdivision
1. Forest
classification status review. (a)
By December 31, 2006, the commissioner of natural resources shall complete a
review of the forest classification status of all state forests classified as
managed or limited, all forest lands under the authority of the commissioner as
defined in Minnesota Statutes, section 89.001, subdivision 13, and lands
managed by the commissioner under Minnesota Statutes, section 282.011. The review must be conducted on a
forest-by-forest and area-by-area basis in accordance with the process and
criteria under Minnesota Rules, part 6100.1950. Except as provided in paragraph (d), after each forest is
reviewed, the commissioner must change its the status of the
lands within each forest to limited or closed, and . The commissioner may classify portions of a
limited forest as closed. The
commissioner must also provide a similar status for each of the
other areas subject to review under this section after each individual review
is completed.
(b)
If the commissioner determines on January 1, 2005, that the review required
under this section cannot be completed by December 31, 2006, the completion
date for the review shall be extended to December 31, 2008. By January 15, 2005, the commissioner shall
report to the chairs of the legislative committees with jurisdiction over
natural resources policy and finance regarding the status of the process
required by this section.
(c)
Until December 31, 2010, the state forests and areas subject to review under
this section are exempt from Minnesota Statutes, section 84.777, unless an
individual forest or area has been classified as limited or closed.
(d)
Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes,
section 84.777, subdivision 1, all forest lands under the authority of
the commissioner as defined in Minnesota Statutes, section 89.001, subdivision
13, and lands managed by the commissioner under Minnesota Statutes, section
282.011, that are north of U.S. Highway
2 shall maintain their present classification unless the commissioner reclassifies
the lands under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal trail closures when
conditions warrant them. By December
31, 2008, the commissioner shall complete the review and designate trails on
forest lands north of Highway 2 as provided in this section.
Sec.
156. Laws 2003, chapter 128, article 1,
section 169, is amended to read:
Sec.
169. CONTINUOUS TRAIL DESIGNATION.
(a)
The commissioner of natural resources shall locate, plan, design, map,
construct, designate, and sign a new trail for use by all-terrain vehicles and
off-highway motorcycles of not less than 70 continuous miles in length on any
land owned by the state or in cooperation with any county on land owned by that
county or on a combination of any of these lands. This new trail shall be ready for use by April 1, 2007
June 30, 2009.
(b)
All funding for this new trail shall come from the all-terrain vehicle
dedicated account and is appropriated each year as needed.
(c)
This new trail shall have at least two areas of access complete with
appropriate parking for vehicles and trailers and enough room for loading and
unloading all-terrain vehicles. Some
existing trails, that are strictly all-terrain vehicle trails, and are not
inventoried forest roads, may be incorporated into the design of this new
all-terrain vehicle trail. This new
trail may be of a continuous loop design and shall provide for spurs to other
all-terrain vehicle trails as long as those spurs do not count toward the 70
continuous miles of this new all-terrain vehicle trail. Four rest areas shall be provided along the
way.
Sec.
157. Laws 2006, chapter 236, article 1,
section 21, is amended to read:
Sec.
21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; ITASCA COUNTY.
(a)
For the purpose of a land exchange for use in connection with a proposed steel
mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section
8, subdivision 3, title examination and approval of the land described in
paragraph (b) shall be undertaken as a condition of exchange of the land for
class B land, and shall be governed by Minnesota Statutes, section 94.344,
subdivisions 9 and 10, and the provisions of this section. Notwithstanding the evidence of title
requirements in Minnesota Statutes, section 94.344, subdivisions 9 and 10, the
county attorney shall examine one or more title reports or title insurance
commitments prepared or underwritten by a title insurer licensed to conduct
title insurance business in this state, regardless of whether abstracts were
created or updated in the preparation of the title reports or commitments. The opinion of the county attorney, and
approval by the attorney general, shall be based on those title reports or
commitments.
(b)
The land subject to this section is located in Itasca County and is described
as:
(1)
Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29,
Township 56 North, Range 22 West;
(2)
Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West;
(3)
Section 30, Township 57 North, Range 22 West; and
(4)
Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West.
(c)
Riparian land given in exchange by Itasca County for the purpose of the steel
mill referenced in paragraph (a), is exempt from the restrictions imposed by
Minnesota Statutes, section 94.342, subdivision 3.
(d)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Itasca
County may sell, by private sale, any land received in exchange for the purpose
of the steel mill referenced in paragraph (a), under the remaining provisions
of Minnesota Statutes, chapter 282. The
sale must be in a form approved by the attorney general.
(e) Notwithstanding Minnesota
Statutes, section 284.28, subdivision 8, or any other law to the contrary, land
acquired through an exchange under this section is exempt from payment of three
percent of the sales price required to be collected by the county auditor at
the time of sale for deposit in the state treasury.
Sec.
158. RELIEF PAYMENTS FOR TIMBER SALE PERMITS.
(a)
Notwithstanding Minnesota Statutes, section 90.161, 90.173, 90.211, or other
law to the contrary, the commissioner of natural resources shall provide
payment to permittees with eligible permits subject to the following limits and
conditions:
(1)
permittees will receive a payment equal to the lesser of $2,250 or 60 percent
of the 15 percent down payment required under Minnesota Statutes, section
90.14, for each eligible permit forfeited within 60 days following the
effective date of this section; or
(2)
permittees will receive a payment equal to 60 percent of the 15 percent down
payment required under Minnesota Statutes, section 90.14, for each eligible
permit the permittee commits to cut and close by the earlier of June 30, 2010,
or when the permit expires. This
commitment must be made within 60 days following the effective date of this
section. Payment must be returned to
the state for each permit for which the permittee fails to fulfill the
commitment under this clause.
(b)
Payments under paragraph (a) shall be mailed to permittees by August 31, 2007.
(c)
An "eligible permit" means a state timber permit:
(1)
that was issued on or after June 1, 2004, but before April 1, 2006; and
(2)
for which there has been no harvesting, road building, or other on-the-ground
actions taken.
(d)
Permittees in default or trespass status are not eligible for payments under
this section. A permittee may forfeit
any number of complete permits, not to exceed 7,500 cords in total. Partial permits may not be forfeited to meet
the 7,500-cord maximum.
(e)
The commissioner shall reoffer the forfeited sales no later than January 31,
2008.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
159. FOREST PROTECTION PLAN.
Subdivision
1. Task
force plan. (a) The Forest
Resources Council shall create a task force to develop a plan to prepare the
state for early detection, appropriate response, and educating the public
regarding invasive pests that threaten the tree cover of Minnesota. The task force also may give advice on how
to best promote forest diversity and the planting of trees to address
environmental challenges with the state.
The plan must address:
(1)
current efforts to address forest pests, what geographic areas and property
types have regular and active monitoring of forest pests, and gaps in the
adequacy of the current oversight and detection system;
(2)
how the state may establish a flexible, yet comprehensive, system of tree
monitoring so that trees in all areas of Minnesota will be covered by active
early pest detection efforts. In
analyzing this, the task force shall consider possible roles for certified tree
inspectors, volunteers, and state and local government;
(3) current storm damage
response and how that might be improved for forest health and to minimize
vulnerability to pest infection;
(4)
the adequacy of the current response plan, the clarity of state and local roles
and responsibilities, emergency communication plans, and the availability of
needed funding for pest outbreak response and how to scale it up should a major
outbreak be detected;
(5)
recommendations for clear delineation of state and local roles in notifying
property owners and enforcing remediation actions;
(6)
the best approach to broad public education on the threats of new invasive tree
pests, the expected response to an outbreak, the value of trees to our
environment, and the promotion of a more diversified tree cover statewide; and
(7)
an assessment of funding needs and options for the above activities and
possible funding approaches to promote the planting of a more diverse tree
cover, along with assisting in the costs of tree removal and replacement for
public entities and property owners.
(b)
A report and recommendations to the legislative committees with jurisdiction
over natural resources and to the Legislative-Citizen Commission on Minnesota
Resources shall be due on December 15, 2007.
Subd.
2. Task
force creation. The chair of
the Forest Resources Council and the commissioners of agriculture and natural
resources shall jointly appoint the members of the task force, which shall
include up to 15 members with representatives of the University of Minnesota;
city, township, and county associations; commercial timber and forest
industries of varying size; nursery and landscape architecture; arborists and
certified tree inspectors; nonprofit organizations engaged in tree advocacy,
planting, and education; master gardeners; and the Minnesota Shade Tree
Advisory Council and a tribal representative recommended by the Indian Affairs
Council.
Representatives
of the Departments of Agriculture and Natural Resources shall serve as
ex-officio members and assist the task force in its work.
Sec.
160. ENDOCRINE DISRUPTOR REPORT.
(a)
The commissioner of the Pollution Control Agency, in consultation with the
commissioner of agriculture, the commissioner of health, the commissioner of
natural resources, the University of Minnesota, and the United States
Environmental Protection Agency, shall prepare a report on strategies to
address endocrine disruptors in waters of the state. The report shall include:
(1)
a review of the current literature of known endocrine-disrupting compounds to
determine which ones are most likely to be of significance to humans, fish, and
wildlife in Minnesota;
(2)
a review of scientific studies to determine whether these compounds have the
potential to account for known effects on humans, fish, and wildlife in
Minnesota;
(3)
a review of the comparative risk posed by endocrine-disrupting compounds to the
long-term viability of populations of fish and wildlife; and
(4)
an evaluation of the practicability and the cost of prevention and remediation
strategies for any endocrine-disrupting compounds found in clauses (1) and (2),
as well as other potential endocrine disruptors.
(b) By January 15, 2008, the
commissioner shall submit the report to the house of representatives and senate
committees and divisions with jurisdiction over environment and natural
resources policy and finance.
Sec.
161. EASEMENT REPORT REQUIRED.
By
January 1, 2008, the commissioner of natural resources must report to the house
and senate committees with jurisdiction over environment and natural resources
finance with proposed minimum legal and conservation standards that could be
applied to conservation easements acquired with public money.
Sec.
162. TAX-FORFEITED LANDS LEASE; ITASCA COUNTY.
Notwithstanding
Minnesota Statutes, section 282.04, or other law to the contrary, the Itasca
County auditor may lease tax-forfeited land to a proposed steel mill in Itasca
County for a period of 20 years, for use as a tailings basin and buffer
area. A lease entered under this
section is renewable.
Sec.
163. WILD RICE STUDY.
By
February 15, 2008, the commissioner of natural resources must prepare a study
for natural wild rice that includes:
(1)
the current location and estimated acreage and area of natural stands;
(2)
potential threats to natural stands, including, but not limited to, development
pressure, water levels, pollution, invasive species, and genetically engineered
strains; and
(3)
recommendations to the house and senate committees with jurisdiction over
natural resources on protecting and increasing natural wild rice stands in the
state.
In
developing the study, the commissioner must contact and ask for comments from
the state's wild rice industry, the commissioner of agriculture, local
officials with significant areas of wild rice within their jurisdictions,
tribal leaders within affected federally recognized tribes, and interested
citizens.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
164. CONSTRUCTION.
Nothing
in sections 139, 140, 141, and 162 affects, alters, or modifies the
authorities, responsibilities, obligations, or powers of the state or any
political subdivision thereof or any federally recognized tribe.
Sec.
165. SEPTIC BEST PRACTICES ASSISTANCE.
The
commissioner of the Pollution Control Agency shall establish a database of best
practices regarding the installation, management, and maintenance of individual
sewage treatment systems. The database
must be made available to any interested public or private party.
Sec.
166. RULEMAKING.
Within
90 days of the effective date of this section, the Board of Water and Soil
Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to
incorporate statute changes and to address the related wetland exemption provisions
in Minnesota Rules, parts 8420.0115 to 8420.0210, and the wetland replacement
and banking provisions in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the rulemaking
provisions of Minnesota Statutes, chapter 14,
except that Minnesota Statutes, section 14.386, applies and the proposed rules
must be submitted to the senate and house committees having jurisdiction over
environment and natural resources at least 30 days prior to being published in
the State Register. The amended rules
are effective for two years from the date of publication in the State Register
unless they are superseded by permanent rules.
EFFECTIVE DATE. This section is effective the day following final enactment.
Sec.
167. GREENLEAF LAKE STATE RECREATION AREA.
Subdivision
1. [85.013]
[Subd. 11b.] Greenleaf Lake State Recreation Area. In addition to the lands designated under
Laws 2003, First Special Session chapter 13, section 6, as amended by Laws
2004, chapter 262, article 2, section 10, the following lands are added to the
Greenleaf Lake State Recreation Area:
(1) the West 1104.98 feet of
Government Lot 4, Section 21, Township 118 North, Range 30 West, Meeker County,
Minnesota; and
(2) that part of Government
Lot 7 of Section 20, Township 118, Range 30, which lies south of the following
described line and its extensions: said
line commencing at the southwest corner of said Section 20; thence on an
assumed bearing of North 08 degrees 22 minutes 44 seconds West, along the west
line of said section, a distance of 1350.00 feet to the point of beginning of
the line to be described; thence North 88 degrees 28 minutes 35 seconds East, a
distance of 699 feet to the shoreline of Greenleaf Lake and said line
terminating thereat; and Government Lot 8 of said section except the following
described tract: said tract being that
part of said Government Lot 8 lying east of the following described line: said line commencing at the southwest corner
of said section; thence easterly, along the south line of said section, a
distance of 734.60 feet to the point of beginning of the line to be described;
thence north at a right angle, a distance of 100 feet and said line terminating
thereat.
Subd.
2. Management. The commissioner of natural resources, in
consultation with local elected officials and citizens of Meeker County and
other interested stakeholders, shall develop a comprehensive management plan
that provides for opportunities for outdoor recreation, as defined under
Minnesota Statutes, section 86A.03, subdivision 3, in Greenleaf Lake State
Recreation Area. The completed
management plan shall serve as the master plan for purposes of Minnesota
Statutes, section 86A.09.
Sec.
168. VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA.
(a)
The following area is established and designated as the Vermillion Highlands
Wildlife Management Area, subject to the special permitted uses authorized in
this section:
The
approximately 2,840 acres owned by the University of Minnesota lying within the
area legally described as approximately the southerly 3/4 of the Southwest 1/4
of Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10,
Section 11, the West 1/2 of Section 12, Section 13, and Section 14, all in
Township 114 North, Range 19 West, Dakota County.
(b)
Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph
(c), permitted uses in the Vermillion Highlands Wildlife Management Area
include:
(1)
education, outreach, and agriculture with the intent to eventually phase out
agriculture leases and plant and restore native prairie;
(2)
research by the University of Minnesota or other permitted researchers;
(3) hiking, hunting, fishing,
trapping, and other compatible wildlife-related recreation of a natural
outdoors experience, without constructing new hard surface trails or roads, and
supporting management and improvements;
(4)
designated trails for hiking, horseback riding, biking, and cross-country
skiing and necessary trailhead support with minimal impact on the permitted
uses in clause (3);
(5)
shooting sports facilities for sporting clays, skeet, trapshooting, and rifle
and pistol shooting, including sanctioned events and training for responsible
handling and use of firearms;
(6)
grant-in-aid snowmobile trails; and
(7)
leases for small-scale farms to market vegetable farming.
(c)
With the concurrence of representatives of the University of Minnesota and
Dakota County, the commissioner of natural resources may, by posting or rule,
restrict the permitted uses as follows:
(1)
temporarily close areas or trails, by posting at the access points, to
facilitate hunting. When temporarily
closing trails under this clause, the commissioner shall avoid closing all
trail loops simultaneously whenever practical; or
(2)
limit other permitted uses to accommodate hunting and trapping after providing
advance public notice. Research
conducted by the university may not be limited unless mutually agreed by the
commissioner and the University of Minnesota.
(d)
Road maintenance within the wildlife management area shall be minimized, with
the intent to abandon interior roads when no longer needed for traditional
agriculture purposes.
(e)
Money collected on leases from lands within the wildlife management area must
be kept in a separate account and spent within the wildlife management area
under direction of the representatives listed in paragraph (c). $200,000 of
this money may be transferred to the commissioner of natural resources for a
master planning process and resource inventory of the land identified in
Minnesota Statutes, section 137.50, subdivision 6, in order to provide needed
prairie and wetland restoration. The
commissioner must work with affected officials from the University of Minnesota
and Dakota County to complete these requirements and inform landowners and
lessees about the planning process.
(f)
Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state of
Minnesota shall not provide payments in lieu of taxes for the lands described
in paragraph (a).
Sec.
169. INFORMATION SHARING.
On
or before August 1, 2007, the commissioner of health, the Pollution Control
Agency, and the University of Minnesota are requested to jointly develop and
sign a memorandum of understanding declaring their intent to share new and
existing environmental hazard, exposure, and health outcome data, within
applicable data privacy laws, and to cooperate and communicate effectively to
ensure sufficient clarity and understanding of the data by divisions and
offices within both departments. The
signed memorandum of understanding shall be reported to the chairs and ranking
members of the senate and house of representatives committees having
jurisdiction over judiciary, environment, and health and human services.
Sec.
170. REPEALER.
(a)
Minnesota Statutes 2006, sections 18G.16; and 89.51, subdivision 8, are
repealed.
(b)
Minnesota Statutes 2006, section 103G.2241, subdivision 8, is repealed the day
following final enactment.
(c)
Minnesota Statutes 2006, section 85.012, subdivision 24b, is repealed.
ARTICLE
2
ENERGY
Section 1. SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $37,870,000 $29,459,000 $67,329,000
Petroleum Tank Cleanup 1,084,000 1,084,000 2,168,000
Workers' Compensation 835,000 835,000 1,670,000
Special Revenue 7,725,000 7,725,000 15,450,000
Total $47,514,000 $39,103,000 $86,617,000
Sec. 2. ENERGY FINANCE APPROPRIATIONS.
The sums shown in the columns marked "Appropriations"
are appropriated to the agencies and for the purposes specified in this
article. The appropriations are from
the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures
"2008" and "2009" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2008, or June 30, 2009, respectively.
"The first year" is fiscal year 2008. "The second year" is fiscal year
2009. "The biennium" is
fiscal years 2008 and 2009.
Appropriations for the fiscal year ending June 30, 2007, are effective
the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. DEPARTMENT OF COMMERCE.
Subdivision 1. Total Appropriation $42,167,000 $33,670,000
Appropriations by
Fund
2008 2009
General 32,523,000 24,026,000
Petroleum Cleanup 1,084,000 1,084,000
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Workers' Compensation 835,000 835,000
Special Revenue 7,725,000 7,725,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Financial Examinations 6,489,000 6,637,000
Subd. 3. Petroleum Tank Release Cleanup Board
1,084,000 1,084,000
This appropriation is from
the petroleum tank release cleanup fund.
Subd. 4. Administrative Services 4,508,000 4,604,000
Subd. 5. Market Assurance 6,950,000 7,097,000
Appropriations by
Fund
General 6,115,000 6,262,000
Workers' Compensation 835,000 835,000
Subd. 6. Energy and Telecommunications $23,036,000 $14,148,000
Appropriations by
Fund
General 15,411,000 6,523,000
Special Revenue 7,625,000 7,625,000
The utility subject to
Minnesota Statutes, section 116C.779, shall transfer $7,625,000 in fiscal year
2008 and $7,625,000 in fiscal year 2009 to the Department of Commerce on a
schedule to be determined by the commissioner of commerce. The funds must be deposited in the special
revenue fund and are appropriated to the commissioner for grants to promote
renewable energy projects and community energy outreach and assistance. Of the amounts identified:
(1) $500,000 each year for
capital grants for on-farm biogas recovery facilities; eligible projects will
be selected in coordination with the Department of Agriculture and the
Pollution Control Agency;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) $500,000 each year to
provide financial rebates to new solar electricity projects;
(3) $625,000 each year for
continued funding of community energy technical assistance and outreach on
renewable energy and energy efficiency, as described in section 25. Of this amount, $125,000 is for technical assistance
in the metropolitan area;
(4)
$1,000,000 each year is for technical analysis and demonstration funding for automotive
technology projects, with a special focus on plug-in hybrid electric vehicles
and to study environmental-friendly manufacturing and assembly processes to
identify ones that could employ workers formerly employed at the St. Paul Ford
manufacturing plant and other large manufacturing facilities in Minnesota;
(5) $750,000 in the first
year is for the purpose of preparing the hydrogen road map and making grants under
Minnesota Statutes, section 216B.813;
(6) $2,000,000 in the first
year is for deposit with the rural wind energy development revolving loan fund
under Minnesota Statutes, section 216C.39;
(7) $2,250,000 the first
year and $2,000,000 the second year are to provide competitive, cost-share
grants to fund renewable energy research in Minnesota. These grants must be awarded by a
three-member panel made up of the commissioners of commerce, pollution control,
and agriculture, or their designees.
Grant applications must be ranked and grants issued according to how
well the applications meet state energy policy research goals established by
the commissioners, the quality and experience of the research teams, the
cross-interdisciplinary and cross-institutional nature of the research teams,
and the ability of the research team to leverage nonstate funds; and
(8) $3,000,000 the second
year is for a grant to the Board of Regents of the University of Minnesota for
the Initiative for Renewable Energy and the Environment. The grant is for the purposes set forth in
Minnesota Statutes, section 216B.241, subdivision 6. The appropriation is available until spent. The budget for this grant to the Board of
Regents of the University of Minnesota for the Initiative for Renewable Energy
and the Environment is $5,000,000 each year in the 2010-2011 fiscal biennium.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
As a condition of this
grant, beginning in the 2010-2011 biennium, the Initiative for Renewable Energy
and the Environment must set aside at least 15 percent of the funds received
annually under the grant for qualified projects conducted at a rural campus or
experiment station. Any amount of the
set aside funds that has not been awarded to a rural campus or experiment
station at the end of the fiscal year must revert back to the initiative for
its exclusive use.
$1,500,000 the first year
and $1,500,000 the second year are for E85 cost-share grants. The commissioner may reimburse owners of
gasoline service stations for up to 75 percent of the total cost of installing
an E85 pump, including the tank and any related components, up to a maximum of
$15,000 per E85 pump. Notwithstanding
Minnesota Statutes, section 16A.28, this appropriation is available until
expended. Up to ten percent of the
funds may be used for cost-share grants to convert or install underground tanks
at retail gasoline service stations storing biodiesel fuel that is at least
99.9 percent biodiesel fuel by volume for on-site blending and for dispensing
systems at retail gasoline service stations that dispense biodiesel fuel blends
of at least ten percent biodiesel fuel by volume. In awarding grants, the commissioner of commerce must consult
with the Minnesota Soybean Growers Association and may consult with other organizations deemed appropriate. This is a onetime appropriation.
$4,500,000 the first year is
for a onetime grant to the St. Paul Port Authority in part for a study related
to a steam and electrical energy facility to supply energy to a customer using
steam in a paper recycling operation.
The port authority shall
convene and regularly involve a citizen advisory committee composed of members
recommended by St. Paul district councils 11, 12, 13, and 14 and other members
as appropriate to advise on the scope of the study. The citizen advisory committee must meet regularly throughout the
course of the study and the development of recommendations. The citizen advisory committee shall have
the right to include its separate recommendations as part of the port authority
recommendations submitted at the public meeting and to the St. Paul City
Council.
The study shall:
(1) assess the economic and
technical feasibility of various fuel types to power the plant;
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(2) provide a full
description and analysis of each fuel type and their respective economic and
noneconomic impacts;
(3) provide a full
description and analysis of each fuel type and their respective environmental
emissions, including carbon dioxide, and the cost of controlling those
emissions that affect human health;
(4) describe public
subsidies related to the production and use of each fuel type;
(5) describe potential
energy efficiency improvement that can be made to the paper recycling operation
and subsidies available for each improvement; and
(6) evaluate additional uses
for the steam and electricity produced at the facility and the cost of
infrastructure needed to implement the additional uses.
In addition, the grant may
be used for environmental review, permitting, preliminary engineering, and
development of total project cost estimates, including project design and
engineering, other preliminary work, and a preliminary financing plan for the
steam and electricity producing facility.
The St. Paul Port Authority shall present the findings of its analysis
and its preferred alternative for an eligible energy technology fuel mix in at
least two public meetings that must be held in the area encompassing districts
11, 12, 13, and 14 in the city of St. Paul. "Eligible energy
technology" has the meaning given in Minnesota Statutes, section
216B.1691, subdivision 1, except that it does not include mixed municipal solid
waste as an eligible energy technology.
The recommendation of the St. Paul Port Authority concerning its
preferred alternative fuel mix must be based on the alternative that has the
least environmental impact consistent with the economic viability and technical
feasibility of the facility. Testimony
shall be taken at the meetings from citizens who live in the affected
communities. Resolutions concerning the
facility from district councils 11, 12, 13, and 14 must be solicited by the
city council. Construction of the
facility may not be commenced unless and until the St. Paul City Council has
adopted a resolution approving the construction after consideration of the
findings of the port authority, resolutions from the district councils, and
other public input. The appropriation
does not cancel and is available until expended. Of this amount, $500,000 is transferred to the Department of
Natural Resources for the Ecological Services Division
to prepare, authorize, and implement habitat
restoration
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
plans on public or private
properties to fulfill ecological principles of restoration ecology, while
providing roadside access to the byproduct of the management actions at no cost
to the operator of a biomass-fueled cogeneration facility located in St.
Paul. The division may provide grants
or otherwise transfer some or all of these funds to other public or private
entities to accomplish these purposes.
If a higher value nonbiomass market is available for some of the byproduct
of this management, the division is authorized to sell the material to that
market, provided that all of the proceeds are spent for the further purposes of
this appropriation. The nonbiomass
market sales of material from this management cannot exceed 20 percent by
weight of the total byproducts produced by all approved activities under this
appropriation. The restoration
activities shall take place on land located within 75 miles by road of the city
of St. Paul. The division shall consult
with the operator of the biomass facility and other appropriate parties
regarding planned projects to be funded with this appropriation. The division shall report annually to the
legislative policy and finance committees for natural resources and energy
regarding the expenditures and results of the program. This appropriation does not cancel but is
available until spent.
$150,000 the first year is
appropriated to the commissioner of commerce for grants for demonstration
projects of electric vehicles with advanced transmission technologies
incorporating, if feasible, batteries, converters, and other components
developed in Minnesota. Funds may be
expended under the grants only if grantees enter into agreements specifying that
commercial production of these vehicles and components will, to the extent
possible, take place in Minnesota.
(a) $1,000,000 each year is
to the Center for Rural Policy and Development at Minnesota State University at
Mankato to make a grant to a nonprofit organization with experience dealing
with energy and community wind issues to design and implement a rural wind
energy development assistance program.
This is a onetime only appropriation.
The program must be designed to maximize rural economic development and
stabilize rural community institutions, including hospitals and schools, by
increasing the income of local residents and increasing local tax
revenues. The grant may be disbursed in
two installments. The program must
provide assistance to rural entities seeking to develop wind energy electric
generation projects and to sell the energy from the projects. Among other strategies, the program may
consider combining rural entities and others into groups with the size and
market power necessary for planning and developing significant rural wind
energy projects.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
(b) The program must provide
assistance by, among other things:
(1) providing legal,
engineering, and financial services;
(2) identifying target
communities with favorable wind resources, community interest, and local
political support;
(3) providing assistance to
reserve, obtain, and assure the maintenance over time of wind turbines;
(4) creating market
opportunities for utilities to meet their renewable energy obligations through
purchases of rural community wind;
(5) assisting in the
negotiation of fair power purchase agreements;
(6) facilitating
transmission interconnection and delivery of energy from rural and community
wind projects; and
(7) lowering the market risk
facing potential wind investors by supporting local wind development from start
to finish.
The grantee must demonstrate
an ability to sustain program functions with ongoing revenue from sources other
than state funding and shall provide a 35 percent grant match in the first
year. The grant must be awarded on a
competitive basis. The center must use
best practices regarding grant management functions, including selection and
monitoring of the grantee, compliance review, and financial oversight. Grant management fees are limited to 2.5
percent of the grant.
(c) The commissioner of
commerce shall monitor the activities of the rural wind energy development
assistance program created under paragraphs (a) to (c). By November 1, 2008, the commissioner shall
submit an evaluation of the program to the chairs of the house of
representatives and senate committees with jurisdiction
over energy policy and finance, including recommendations for legislative or
administrative action to better achieve the program goals described in
paragraph (a).
$1,000,000 in fiscal year
2008 is for distribution to eligible households for home heating assistance
during the 2007 calendar year. The
commissioner must distribute funds to eligible households according to the
formula developed for the distribution of the federal Low-Income Home Energy
Assistance Program for fiscal year 2008.
This appropriation is available until spent.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$3,250,000 the first year is
for the renewable hydrogen initiative in Minnesota Statutes, section 216B.813,
to fund the competitive grant program included in that section. The commissioner may use up to two percent
of the competitive grant program appropriation for grant administration and to
develop and implement the renewable hydrogen road map. This is a onetime appropriation and is
available until expended.
$50,000 the first year is a
onetime appropriation for a comprehensive technical, economic, and
environmental analysis of the benefits to be derived from greater use in this
state of geothermal heat pump systems for heating and cooling air and heating
water. The analysis must:
(1) estimate the extent of
geothermal heat pump systems currently installed in this state in residential,
commercial, and institutional buildings;
(2) estimate energy and
economic savings of geothermal heat pump systems in comparison with fossil
fuel-based heating and cooling systems, including electricity use, on a capital
cost and life-cycle cost basis, for both newly constructed and retrofitted
residential, commercial, and institutional buildings;
(3) compare the emission of
pollutants and greenhouse gases from geothermal heat pump systems and fossil
fuel-based heating and cooling systems;
(4) identify financial
assistance available from state and federal sources and Minnesota utilities to
defray the costs of installing geothermal heat pump systems;
(5) identify Minnesota firms
currently manufacturing or installing the physical components of geothermal
heat pump systems and estimate the economic development potential in this state
if demand for such systems increases significantly;
(6) identify the barriers to
more widespread adoption of geothermal heat pump systems in this state and suggest
strategies to overcome those barriers; and
(7) make recommendations for
legislative action.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Not later than March 15,
2008, the commissioner shall submit the results of the analysis in a report to
the chairs of the senate and house of representatives committees with primary
jurisdiction over energy policy.
$45,000 the first year is a
onetime appropriation for a grant to Linden Hills Power and Light for
preliminary engineering design work and other technical and legal services
required for a community digester and neighborhood district heating and cooling
system demonstration project in the Linden Hills neighborhood of
Minneapolis. Funds may be expended upon
a determination by the commissioner of commerce that the project is technically
and economically feasible. A portion of
the appropriation may be used to expand the scope of the project feasibility
study to include portions of adjacent communities including St. Louis Park and
Edina.
Subd. 7. Telecommunications Access Minnesota
100,000 100,000
$100,000 the first year and
$100,000 the second year are for transfer to the commissioner of human services
to supplement the ongoing operational expenses of the Minnesota Commission Serving
Deaf and Hard-of-Hearing People. This
appropriation is from the telecommunication access Minnesota fund, and is added
to the commission's base.
Sec. 4. PUBLIC UTILITIES COMMISSION $5,347,000 $5,433,000
Sec. 5. NEXTGEN ENERGY BOARD
By October 1 of 2007 and
2008, an entity receiving renewable development funds to conduct energy
research under this article must present a research plan outlining the
activities to be conducted with those funds, and any results from research
completed with those funds during the previous year, to the NextGen Energy
Board established under Minnesota Statutes, section 41A.05, for its review and
comment.
Sec. 6. [16C.141] EMPLOYEE SUGGESTIONS; ENERGY
SAVINGS INCENTIVE PROGRAM.
Subdivision 1. Creation of program. The commissioner of administration must
implement a program using best practices and develop policies under which state
employees may receive cash awards for making suggestions that result in
documented cost savings to state agencies from reduced energy usage in
state-owned buildings. The program must
be structured to provide state employees an opportunity to receive a cash award
for suggestions that are implemented and result in documented cost savings to
state agencies from reduced energy use in state-owned buildings. The program must also include methods to
document submissions of suggestions and energy and cost savings resulting from
the implementation of employee suggestions.
Subd.
2.
Subd. 3. Report to legislature. The commissioner of administration shall
report to the chairs of the senate and house of representatives committees with
jurisdiction over energy policy by January 1, 2008, on the development of the
incentive program, and by January 15 each year thereafter on the implementation
of this section, including the ideas submitted and energy savings realized.
Subd. 4. Minnesota State Colleges and
Universities. This section
does not apply to the Minnesota State Colleges and Universities, except to the
extent the Board of Trustees of the Minnesota State Colleges and Universities
provides that the section does apply.
Subd. 5. Repeal. This section is repealed July 1, 2009.
Sec. 7.
Minnesota Statutes 2006, section 116C.775, is amended to read:
116C.775
SHIPMENT PRIORITIES; PRAIRIE ISLAND NUCLEAR PLANTS.
If a storage or disposal site becomes available
outside of the state to accept high-level nuclear waste stored at Prairie
Island or Monticello, the waste contained in dry casks shall be shipped
to that site before the shipment of any waste from the spent nuclear fuel
storage pool. Once waste is shipped
that was contained in a cask, the cask must be decommissioned and not used for
further storage.
Sec. 8.
Minnesota Statutes 2006, section 116C.777, is amended to read:
116C.777 SITE.
The spent fuel contents of dry casks located on
Prairie Island must be moved immediately upon the availability of another site
for storage of the spent fuel that is not located on Prairie Island or at Monticello.
Sec. 9.
Minnesota Statutes 2006, section 116C.779, subdivision 1, is amended to
read:
Subdivision 1.
Renewable development account. (a) The public utility that owns the Prairie
Island nuclear generating plant must transfer to a renewable development
account $16,000,000 annually each year the plant is in operation, and
$7,500,000 each year the plant is not in operation if ordered by the commission
pursuant to paragraph (c) (d).
The fund transfer must be made if nuclear waste is stored in a dry cask
at the independent spent-fuel storage facility at Prairie Island for any part
of a year. Funds in the account may be
expended only for development of renewable energy sources. Preference must be given to development of
renewable energy source projects located within the state. The utility that owns a nuclear
generating plant is eligible to apply for renewable development fund
grants. The utility's proposals must be
evaluated by the renewable development fund board in a manner consistent with
that used to evaluate other renewable development fund project proposals.
(b) The public utility that owns the Monticello
nuclear generating plant must transfer to the renewable development account
$350,000 each year for each dry cask containing spent fuel that is located at
the Monticello nuclear power plant for each year the plant is in operation, and
$5,250,000 each year the plant is not in operation if ordered by the commission
pursuant to paragraph (d). The fund transfer
must be made if nuclear waste is stored in a dry cask at the independent
spent-fuel storage facility at Monticello for any part of a year.
(b) (c) Expenditures
from the account may only be made after approval by order of the Public
Utilities Commission upon a petition by the public utility.
(c) (d) After discontinuation of operation of
the Prairie Island nuclear plant or the Monticello nuclear plant and
each year spent nuclear fuel is stored in dry cask at the Prairie Island
discontinued facility, the commission shall require the public utility
to pay $7,500,000 for the discontinued Prairie Island facility and
$5,250,000 for the discontinued Monticello facility for any year in which
the commission finds, by the preponderance of the evidence, that the public
utility did not make a good faith effort to remove the spent nuclear fuel
stored at Prairie Island the facility to a permanent or interim
storage site out of the state. This
determination shall be made at least every two years.
Sec. 10. [173.0851] STATE ENERGY CITY.
The city of Elk River is designated as a state
energy city.
Sec. 11. [216B.091] MONTHLY REPORTS.
(a) Each public utility must report the following
data on residential customers to the commission monthly, in a format determined
by the commission:
(1) number of customers;
(2) number and total amount of accounts past due;
(3) average customer past due amount;
(4) total revenue received from the low-income home
energy assistance program and other sources contributing to the bills of
low-income persons;
(5) average monthly bill;
(6) total sales revenue;
(7) total write-offs due to uncollectible bills;
(8) number of disconnection notices mailed;
(9) number of accounts disconnected for nonpayment;
(10) number of accounts reconnected to service; and
(11) number of accounts that remain disconnected,
grouped by the duration of disconnection, as follows:
(i) 1-30 days;
(ii) 31-60 days; and
(iii) more than 60 days.
(b) Monthly reports for October through April must
also include the following data:
(1)
number of cold weather protection requests;
(2) number of payment arrangement requests received
and granted;
(3) number of right to appeal notices mailed to
customers;
(4) number of reconnect request appeals withdrawn;
(5) number of occupied heat-affected accounts
disconnected for 24 hours or more for electric and natural gas service
separately;
(6) number of occupied non-heat-affected accounts
disconnected for 24 hours or more for electric and gas service separately;
(7) number of customers granted cold weather rule
protection;
(8) number of customers disconnected who did not
request cold weather rule protection; and
(9) number of customers disconnected who requested
cold weather rule protection.
(c) The data reported under paragraphs (a) and (b)
is presumed to be accurate upon submission and must be made available through
the commission's electronic filing system.
Sec. 12. [216B.0951] PROPANE PREPURCHASE PROGRAM.
Subdivision 1. Establishment. The commissioner of commerce shall
operate, or contract to operate, a propane fuel prepurchase fuel program. The commissioner may contract at any time of
the year to purchase the lesser of one-third of the liquid propane fuel
consumed by low-income home energy assistance program recipients during the
previous heating season or the amount that can be purchased with available
funds. The propane fuel prepurchase
program must be available statewide through each local agency that administers
the energy assistance program. The
commissioner may decide to limit or not engage in prepurchasing if the
commissioner finds that there is a reasonable likelihood that prepurchasing
will not provide fuel-cost savings.
Subd. 2. Hedge account. The commissioner may establish a hedge
account with realized program savings due to prepurchasing. The account must be used to compensate
program recipients an amount up to the difference in cost for fuel provided to
the recipient if winter-delivered fuel prices are lower than the prepurchase or
summer-fill price. No more than ten
percent of the aggregate prepurchase program savings may be used to establish
the hedge account.
Subd. 3. Report. The Department of Commerce shall issue a
report by June 30, 2008, made available electronically on its Web site and in
print upon request, that contains the following information:
(1) the cost per gallon of prepurchased fuel;
(2) the total gallons of fuel prepurchased;
(3) the average cost of propane each month between
October and the following April;
(4) the number of energy assistance program households
receiving prepurchased fuel; and
(5) the average savings accruing or benefit increase
provided to energy assistance households.
Sec.
13. [216B.096] COLD WEATHER RULE; PUBLIC UTILITIES.
Subdivision 1. Scope. This section applies only to residential customers of a
utility.
Subd. 2. Definitions. (a) The terms used in this section have
the meanings given them in this subdivision.
(b) "Cold weather period" means the period
from October 15 through April 15 of the following year.
(c) "Customer" means a residential
customer of a utility.
(d) "Disconnection" means the involuntary
loss of utility heating service as a result of a physical act by a utility to
discontinue service. Disconnection
includes installation of a service or load limiter or any device that limits or
interrupts utility service in any way.
(e) "Household income" means the combined
income, as defined in section 290A.03, subdivision 3, of all residents of the
customer's household, computed on an annual basis. Household income does not include any amount received for energy
assistance.
(f) "Reasonably timely payment" means
payment within five working days of agreed-upon due dates.
(g) "Reconnection" means the restoration
of utility heating service after it has been disconnected.
(h) "Summary of rights and
responsibilities" means a commission-approved notice that contains, at a
minimum, the following:
(1) an explanation of the provisions of subdivision
5;
(2) an explanation of no-cost and low-cost methods
to reduce the consumption of energy;
(3) a third-party notice;
(4) ways to avoid disconnection;
(5) information regarding payment agreements;
(6) an explanation of the customer's right to appeal
a determination of income by the utility and the right to appeal if the utility
and the customer cannot arrive at a mutually acceptable payment agreement; and
(7) a list of names and telephone numbers for county
and local energy assistance and weatherization providers in each county served
by the utility.
(i) "Third-party notice" means a
commission-approved notice containing, at a minimum, the following information:
(1) a statement that the utility will send a copy of
any future notice of proposed disconnection of utility heating service to a
third party designated by the residential customer;
(2) instructions on how to request this service; and
(3) a statement that the residential customer should
contact the person the customer intends to designate as the third-party contact
before providing the utility with the party's name.
(j) "Utility" means a
public utility as defined in section 216B.02, and a cooperative electric
association electing to be a public utility under section 216B.026. Utility also means a municipally owned gas
or electric utility for nonresident consumers of the municipally owned utility
and a cooperative electric association when a complaint in connection with
utility heating service during the cold weather period is filed under section
216B.17, subdivision 6 or 6a.
(k) "Utility heating service" means
natural gas or electricity used as a primary heating source, including
electricity service necessary to operate gas heating equipment, for the
customer's primary residence.
(l) "Working days" means Mondays through
Fridays, excluding legal holidays. The
day of receipt of a personally served notice and the day of mailing of a notice
shall not be counted in calculating working days.
Subd. 3. Utility obligations before cold weather
period. Each year, between
September 1 and October 15, each utility must provide all customers, personally
or by first class mail, a summary of rights and responsibilities. The summary must also be provided to all new
residential customers when service is initiated.
Subd. 4. Notice before disconnection during cold
weather period. Before
disconnecting utility heating service during the cold weather period, a utility
must provide, personally or by first class mail, a commission-approved notice
to a customer, in easy-to-understand language, that contains, at a minimum, the
date of the scheduled disconnection, the amount due, and a summary of rights
and responsibilities.
Subd. 5. Cold weather rule. (a) During the cold weather period, a
utility may not disconnect and must reconnect utility heating service of a
customer whose household income is at or below 50 percent of the state median
income if the customer enters into and makes reasonably timely payments under a
mutually acceptable payment agreement with the utility that is based on the
financial resources and circumstances of the household; provided that, a
utility may not require a customer to pay more than ten percent of the
household income toward current and past utility bills for utility heating
service.
(b) A utility may accept more than ten percent of
the household income as the payment arrangement amount if agreed to by the
customer.
(c) The customer or a designated third party may
request a modification of the terms of a payment agreement previously entered
into if the customer's financial circumstances have changed or the customer is
unable to make reasonably timely payments.
(d) The payment agreement terminates at the
expiration of the cold weather period unless a longer period is mutually agreed
to by the customer and the utility.
Subd. 6. Verification of income. (a) In verifying a customer's household
income, a utility may:
(1) accept the signed statement of a customer that
the customer is income eligible;
(2) obtain income verification from a local energy
assistance provider or a government agency;
(3) consider one or more of the following:
(i) the most recent income tax return filed by
members of the customer's household;
(ii) for each employed member of the customer's
household, paycheck stubs for the last two months or a written statement from
the employer reporting wages earned during the preceding two months;
(iii) documentation that the
customer receives a pension from the Department of Human Services, the Social
Security Administration, the Veteran's Administration, or other pension
provider;
(iv) a letter showing the customer's dismissal from
a job or other documentation of unemployment; or
(v) other documentation that supports the customer's
declaration of income eligibility.
(b) A customer who receives energy assistance
benefits under any federal, state, or county government programs in which
eligibility is defined as household income at or below 50 percent of state
median income is deemed to be automatically eligible for protection under this
section and no other verification of income may be required.
Subd. 7. Prohibitions and requirements. (a) This subdivision applies during the
cold weather period.
(b) A utility may not charge a deposit or
delinquency charge to a customer who has entered into a payment agreement or a
customer who has appealed to the commission under subdivision 8.
(c) A utility may not disconnect service during the
following periods:
(1) during the pendency of any appeal under
subdivision 8;
(2) earlier than ten working days after a utility
has deposited in first class mail, or seven working days after a utility has
personally served, the notice required under subdivision 4 to a customer in an
occupied dwelling;
(3) earlier than ten working days after the utility
has deposited in first class mail the notice required under subdivision 4 to
the recorded billing address of the customer, if the utility has reasonably
determined from an on-site inspection that the dwelling is unoccupied;
(4) on a Friday, unless the utility makes personal
contact with, and offers a payment agreement consistent with this section to
the customer;
(5) on a Saturday, Sunday, holiday, or the day
before a holiday;
(6) when utility offices are closed;
(7) when no utility personnel are available to
resolve disputes, enter into payment agreements, accept payments, and reconnect
service; or
(8) when commission offices are closed.
(d) A utility may not discontinue service until the
utility investigates whether the dwelling is actually occupied. At a minimum, the investigation must include
one visit by the utility to the dwelling during normal working hours. If no contact is made and there is reason to
believe that the dwelling is occupied, the utility must attempt a second
contact during nonbusiness hours. If
personal contact is made, the utility representative must provide notice
required under subdivision 4 and, if the utility representative is not
authorized to enter into a payment agreement, the telephone number the customer
can call to establish a payment agreement.
(e) Each utility must reconnect utility service if,
following disconnection, the dwelling is found to be occupied and the customer
agrees to enter into a payment agreement or appeals to the commission because
the customer and the utility are unable to agree on a payment agreement.
Subd. 8.
(1) a utility determination that the customer's
household income is more than 50 percent of state median household income; or
(2) when the utility and customer are unable to
agree on the establishment or modification of a payment agreement.
(b) A customer's appeal must be filed with the
commission no later than seven working days after the customer's receipt of a
personally served appeal notice, or within ten working days after the utility
has deposited a first class mail appeal notice.
(c) The commission must determine all customer
appeals on an informal basis, within 20 working days of receipt of a customer's
written appeal. In making its
determination, the commission must consider one or more of the factors in
subdivision 6.
(d) Notwithstanding any other law, following an
appeals decision adverse to the customer, a utility may not disconnect utility
heating service for seven working days after the utility has personally served
a disconnection notice, or for ten working days after the utility has deposited
a first class mail notice. The notice
must contain, in easy-to-understand language, the date on or after which
disconnection will occur, the reason for disconnection, and ways to avoid
disconnection.
Subd. 8a. Cooperative and municipal disputes. Complaints in connection with utility
heating service during the cold weather period filed against a municipal or a
cooperative electric association with the commission under section 216B.17,
subdivision 6 or 6a, are governed by section 216B.097.
Subd. 9. Customers above 50 percent of state
median income. During the
cold weather period, a customer whose household income is above 50 percent of
state median income:
(1) has the right to a payment agreement that takes
into consideration any extenuating circumstances of the household; and
(2) may not be disconnected and must be reconnected
if the customer makes timely payments under a payment agreement accepted by a
utility.
Subdivision 7, paragraph
(b), does not apply to customers whose household income is above 50 percent of
state median income.
Subd. 10. Reporting. Annually on November 1, a utility must
electronically file with the commission a report, in a format specified by the
commission, specifying the number of utility heating service customers whose
service is disconnected or remains disconnected for nonpayment as of October 1
and October 15. If customers remain
disconnected on October 15, a utility must file a report each week between
November 1 and the end of the cold weather period specifying:
(1) the number of utility heating service customers
that are or remain disconnected from service for nonpayment; and
(2) the number of utility heating service customers
that are reconnected to service each week.
The utility may discontinue weekly reporting if the number of utility
heating service customers that are or remain disconnected reaches zero before
the end of the cold weather period.
The data reported under this
subdivision are presumed to be accurate upon submission and must be made
available through the commission's electronic filing system.
Sec. 14.
Minnesota Statutes 2006, section 216B.097, subdivision 1, is amended to
read:
Subdivision 1.
Application; notice to
residential customer. (a) A
municipal utility or a cooperative electric association must not disconnect and
must reconnect the utility service of a residential customer during the
period between October 15 and April 15 if the disconnection affects the primary
heat source for the residential unit when and all of the
following conditions are met:
(1) the customer has declared inability to pay on
forms provided by the utility. For the
purposes of this clause, a customer that is receiving energy assistance is
deemed to have demonstrated an inability to pay;
(2) The household income of the customer is less
than at or below 50 percent of the state median household income;. A municipal utility or cooperative electric
association utility may (i) verify income on forms it provides or (ii) obtain
(3) verification of income may be conducted by
from the local energy assistance provider or the utility, unless the. A customer is automatically eligible
for protection against disconnection as a recipient of deemed to meet
the income requirements of this clause if the customer receives any form of
public assistance, including energy assistance, that uses an income
eligibility in an amount threshold set at or below the income
eligibility in clause (2) 50 percent of the state median household
income;
(4) (2) A customer whose account is current for the
billing period immediately prior to October 15 or who, at any time, enters
into and makes reasonably timely payments under a payment schedule
agreement that considers the financial resources of the household and is
reasonably current with payments under the schedule; and
(5) the (3) A customer receives referrals to energy assistance programs,
weatherization, conservation, or other programs likely to reduce the customer's
energy bills.
(b) A municipal utility or a cooperative electric
association must, between August 15 and October 15 of each year, notify
all residential customers of the provisions of this section.
Sec. 15.
Minnesota Statutes 2006, section 216B.097, subdivision 3, is amended to
read:
Subd. 3. Restrictions if disconnection necessary. (a) If a residential customer must be
involuntarily disconnected between October 15 and April 15 for failure to
comply with the provisions of subdivision 1, the disconnection must not
occur:
(1) on a Friday or on the day before a holiday,
unless the customer declines to enter into a payment agreement offered that day
in person or via personal contact by telephone by a municipal utility or
cooperative electric association;
(2) on a weekend, holiday, or the day before a
holiday;
(3) when utility offices are closed; or
(4) after the close of business on a day when
disconnection is permitted, unless a field representative of a municipal
utility or cooperative electric association who is authorized to enter into a
payment agreement, accept payment, and continue service, offers a payment
agreement to the customer.
Further, the disconnection must
not occur until at least 20 days after the notice required in subdivision 2 has
been mailed to the customer or 15 days after the notice has been personally
delivered to the customer.
(b) If a customer does not respond to a
disconnection notice, the customer must not be disconnected until the utility
investigates whether the residential unit is actually occupied. If the unit is found to be occupied, the
utility must immediately inform the occupant of the provisions of this
section. If the unit is unoccupied, the
utility must give seven days' written notice of the proposed disconnection to
the local energy assistance provider before making a disconnection.
(c) If, prior to disconnection, a customer appeals a
notice of involuntary disconnection, as provided by the utility's established
appeal procedure, the utility must not disconnect until the appeal is resolved.
Sec. 16.
Minnesota Statutes 2006, section 216B.098, subdivision 4, is amended to
read:
Subd. 4. Undercharges. (a) A utility shall offer a payment agreement to customers
who have been undercharged if no culpable conduct by the customer or resident
of the customer's household caused the undercharge. The agreement must cover a period equal to the time over which
the undercharge occurred or a different time period that is mutually agreeable
to the customer and the utility, except that the duration of a payment
agreement offered by a utility to a customer whose household income is at or
below 50 percent of state median household income must consider the financial
circumstances of the customer's household.
(b) No interest or delinquency fee may be charged under
this as part of an undercharge agreement under this subdivision.
(c) If a customer inquiry or complaint results in
the utility's discovery of the undercharge, the utility may bill for
undercharges incurred after the date of the inquiry or complaint only if the
utility began investigating the inquiry or complaint within a reasonable time
after when it was made.
Sec. 17.
Minnesota Statutes 2006, section 216B.812, subdivision 1, is amended to
read:
Subdivision 1.
Early purchase and deployment of
renewable hydrogen, fuel cells, and related technologies by the state. (a) The Department of Commerce, in conjunction
coordination with the Department of Administration and the Pollution
Control Agency, shall identify opportunities for demonstrating the use
of deploying renewable hydrogen, fuel cells, and related
technologies within state-owned facilities, vehicle fleets, and operations
in ways that demonstrate their commercial performance and economics.
(b) The Department of Commerce shall recommend to
the Department of Administration, when feasible, the purchase and demonstration
deployment of hydrogen, fuel cells, and related technologies, when
feasible, in ways that strategically contribute to realizing Minnesota's
hydrogen economy goal as set forth in section 216B.8109, and which contribute
to the following nonexclusive list of objectives:
(1) provide needed performance data to the marketplace;
(2) identify code and regulatory issues to be
resolved;
(3) foster economic development and job creation in
the state;
(4) raise public awareness of renewable
hydrogen, fuel cells, and related technologies; or
(5) reduce emissions of carbon dioxide and other
pollutants.
(c)
The Department of Commerce and the Pollution Control Agency shall also
recommend to the Department of Administration changes to the state's
procurement guidelines and contracts in order to facilitate the purchase and
deployment of cost-effective renewable hydrogen, fuel cells, and related
technologies by all levels of government.
Sec. 18.
Minnesota Statutes 2006, section 216B.16, subdivision 10, is amended to
read:
Subd. 10. Intervenor payment compensation. (a) A nonprofit organization or an
individual granted formal intervenor status by the commission is eligible to
receive compensation.
(b) The commission may order a utility to pay all or
a portion of a party's intervention compensate all or part of an eligible intervenor's reasonable costs
not to exceed $20,000 per intervenor in any proceeding of
participation in a general rate case that comes before the commission when
the commission finds that the intervenor has materially assisted the
commission's deliberation and the intervenor has insufficient financial
resources to afford the costs of intervention and when a lack of
compensation would present financial hardship to the intervenor. Compensation may not exceed $50,000 for a
single intervenor in any proceeding.
For the purpose of this subdivision, "materially assisted"
means that the intervenor's participation and presentation was useful and
seriously considered, or otherwise substantially contributed to the
commission's deliberations in the proceeding.
(c) In determining whether an intervenor has
materially assisted the commission's deliberation, the commission must
consider, among other factors, whether:
(1) the intervenor represented an interest that
would not otherwise have been adequately represented;
(2) the evidence or arguments presented or the
positions taken by the intervenor were an important factor in producing a fair
decision;
(3) the intervenor's position promoted a public
purpose or policy;
(4) the evidence presented, arguments made, issues
raised, or positions taken by the intervenor would not have been a part of the
record without the intervenor's participation; and
(5) the administrative law judge or the commission
adopted, in whole or in part, a position advocated by the intervenor.
(d) In determining whether the absence of
compensation would present financial hardship to the intervenor, the commission
must consider:
(1) whether the costs presented in the intervenor's
claim reflect reasonable fees for attorneys and expert witnesses and other
reasonable costs; and
(2) the ratio between the costs of intervention and
the intervenor's unrestricted funds.
(e) An intervenor seeking compensation must file a
request and an affidavit of service with the commission, and serve a copy of
the request on each party to the proceeding.
The request must be filed 30 days after the later of (1) the expiration
of the period within which a petition for rehearing, amendment, vacation,
reconsideration, or reargument must be filed or (2) the date the commission issues
an order following rehearing, amendment, vacation, reconsideration, or
reargument.
(f) The compensation request must include:
(1)
the name and address of the intervenor or representative of the nonprofit
organization the intervenor is representing;
(2) proof of the organization's nonprofit,
tax-exempt status;
(3) the name and docket number of the proceeding for
which compensation is requested;
(4) a list of actual annual revenues and expenses of
the organization the intervenor is representing for the preceding year and
projected revenues, revenue sources, and expenses for the current year;
(5) the organization's balance sheet for the
preceding year and a current monthly balance sheet;
(6) an itemization of intervenor costs and the total
compensation request; and
(7) a narrative explaining why additional
organizational funds cannot be devoted to the intervention.
(g) Within 30 days after service of the request for
compensation, a party may file a response, together with an affidavit of service,
with the commission. A copy of the
response must be served on the intervenor and all other parties to the
proceeding.
(h) Within 15 days after the response is filed, the
intervenor may file a reply with the commission. A copy of the reply and an affidavit of service must be served on
all other parties to the proceeding.
(i) If additional costs are incurred as a result of
additional proceedings following the commission's initial order, the intervenor
may file an amended request within 30 days after the commission issues an
amended order. Paragraphs (e) to (h)
apply to an amended request.
(j) The commission must issue a decision on
intervenor compensation within 60 days of a filing by an intervenor.
(k) A party may request reconsideration of the
commission's compensation decision within 30 days of the decision.
(l) If the commission issues an order requiring
payment of intervenor compensation, the utility that was the subject of the
proceeding must pay the compensation to the intervenor, and file with the
commission proof of payment, within 30 days after the later of (1) the
expiration of the period within which a petition for reconsideration of the
commission's compensation decision must be filed or (2) the date the commission
issues an order following reconsideration of its order on intervenor
compensation.
Sec. 19.
Minnesota Statutes 2006, section 216B.16, subdivision 15, is amended to
read:
Subd. 15. Low-income affordability programs. (a) The commission may must
consider ability to pay as a factor in setting utility rates and may establish
affordability programs for low-income residential ratepayers in order to
ensure affordable, reliable, and continuous service to low-income utility
customers. By September 1, 2007, a
public utility serving low-income residential ratepayers who use natural gas
for heating must file an affordability program with the commission. For purposes of this subdivision,
"low-income residential ratepayers" means ratepayers who receive
energy assistance from the low-income home energy assistance program (LIHEAP).
(b) The purpose of the low-income programs is to
Any affordability program the commission orders a utility to implement must:
(1) lower the percentage of income that participating
low-income households devote to energy bills, to;
(2), and to over time by increasing the frequency of payments;
(3) decrease or eliminate participating customer
arrears;
(4) lower the utility costs associated with customer
account collection activities; and
(5) coordinate the program with other available
low-income bill payment assistance and conservation resources.
In ordering low-income
affordability programs, the commission may require public utilities to file
program evaluations, including the coordination of other available
low-income bill payment and conservation resources and that measure
the effect of the affordability program on:
(1) reducing the percentage of income that
participating households devote to energy bills;
(2) service disconnections; and
(3) frequency of customer payment behavior
payments, utility collection costs, arrearages, and bad debt.
(c) The commission must issue orders necessary to
implement, administer, and evaluate affordability programs, and to allow a
utility to recover program costs, including administrative costs, on a timely
basis. The commission may not allow a
utility to recover administrative costs, excluding start-up costs, in excess of
five percent of total program costs, or program evaluation costs in excess of
two percent of total program costs. The
commission must permit deferred accounting, with carrying costs, for recovery
of program costs incurred during the period between general rate cases.
(d) Public utilities may use information collected
or created for the purpose of administering energy assistance to administer
affordability programs.
Sec. 20. [216B.1637] RECOVERY OF CERTAIN LIMITED
UTILITY GREENHOUSE GAS INFRASTRUCTURE COSTS.
A public utility that owns a nuclear power plant and
a public utility furnishing gas service may file for recovery of investments
and expenses associated with the replacement of cast iron natural gas
distribution and service lines owned by the utility and to replace breakers
that contain sodium hexafluoride in order to reduce the risk of greenhouse
gases being released into the atmosphere.
Upon a finding that the projects are consistent with the public interest
and do not impose excessive costs on customers, the commission shall provide
timely recovery of the utility's investment and expenses on any approved
projects through a rate adjustment mechanism similar to that provided for
transmission projects under section 216B.16, subdivision 7b, paragraphs (b) to
(d).
Sec. 21.
Minnesota Statutes 2006, section 216B.241, subdivision 6, is amended to
read:
Subd. 6. Renewable energy research. (a) A public utility that owns a nuclear
generation facility in the state shall spend five percent of the total amount
that utility is required to spend under this section to support basic and
applied research and demonstration activities at the University of Minnesota
Initiative for Renewable Energy and the Environment for the development of
renewable energy sources and technologies.
The utility shall transfer the required amount to the University of
Minnesota on or before July 1 of each year and that annual amount shall be
deducted from the amount of money the utility is required to spend under this
section. The University of Minnesota
shall transfer at least ten percent of these funds to at least one rural campus
or experiment station.
(b) Research Activities funded under
this subdivision shall may include, but are not limited to:
(1)
development of environmentally sound production, distribution, and use of
energy, chemicals, and materials from renewable sources;
(2) processing and utilization of agricultural and
forestry plant products and other bio-based, renewable sources as a substitute
for fossil-fuel-based energy, chemicals, and materials using a variety of means
including biocatalysis, biorefining, and fermentation;
(3) conversion of state wind resources to hydrogen
for energy storage and transportation to areas of energy demand;
(4) improvements in scalable hydrogen fuel cell
technologies; and
(5) production of hydrogen from bio-based, renewable
sources; and sequestration of carbon.
(1) environmentally sound production of energy from
a renewable energy source including biomass;
(2) environmentally sound production of hydrogen
from biomass and any other renewable energy source for energy storage and
energy utilization;
(3) development of energy conservation and efficient
energy utilization technologies;
(4) energy storage technologies; and
(5) analysis of policy options to facilitate
adoption of technologies that use or produce low-carbon renewable energy.
(c) Notwithstanding other law to the contrary, the
utility may, but is not required to, spend more than two percent of its gross
operating revenues from service provided in this state under this section or
section 216B.2411.
(d) For the purposes of this subdivision:
(1) "renewable energy source: means hydro, wind, solar, biomass and
geothermal energy, and microorganisms used as an energy source; and
(2) "biomass" means plant and animal material,
agricultural and forest residues, mixed municipal solid waste, and sludge from
wastewater treatment.
(e) This subdivision expires June 30, 2008
2010.
Sec. 22.
Minnesota Statutes 2006, section 216B.812, subdivision 2, is amended to
read:
Subd. 2. Pilot projects. (a) In consultation with appropriate
representatives from state agencies, local governments, universities,
businesses, and other interested parties, the Department of Commerce shall
report back to the legislature by November 1, 2005, and every two years
thereafter, with a slate of proposed pilot projects that contribute to
realizing Minnesota's hydrogen economy goal as set forth in section
216B.8109. The Department of Commerce
must consider the following nonexclusive list of priorities in developing the
proposed slate of pilot projects:
(1) demonstrate deploy "bridge"
technologies such as hybrid-electric, off-road, and fleet vehicles running on
hydrogen or fuels blended with hydrogen;
(2) develop lead to cost-competitive,
on-site renewable hydrogen production technologies;
(3) demonstrate nonvehicle applications for
hydrogen;
(4) improve the cost and efficiency of hydrogen from
renewable energy sources; and
(5) improve the cost and efficiency of hydrogen
production using direct solar energy without electricity generation as an
intermediate step.
(b) For all demonstrations deployment
projects that do not involve a demonstration component, individual system
components of the technology must should, if feasible, meet
commercial performance standards and systems modeling must be completed to
predict commercial performance, risk, and synergies. In addition, the proposed pilots should meet as many of the
following criteria as possible:
(1) advance energy security;
(2) capitalize on the state's native resources;
(3) result in economically competitive
infrastructure being put in place;
(4) be located where it will link well with existing
and related projects and be accessible to the public, now or in the future;
(5) demonstrate multiple, integrated aspects of
renewable hydrogen infrastructure;
(6) include an explicit public education and
awareness component;
(7) be scalable to respond to changing circumstances
and market demands;
(8) draw on firms and expertise within the state
where possible;
(9) include an assessment of its economic,
environmental, and social impact; and
(10) serve other needs beyond hydrogen development.
Sec. 23. [216B.813] MINNESOTA RENEWABLE HYDROGEN
INITIATIVE.
Subdivision 1. Road map. The Department of Commerce shall
coordinate and administer directly or by contract the Minnesota renewable
hydrogen initiative. If the department
decides to contract for its duties under this section, it must contract with a
nonpartisan, nonprofit organization within the state to develop the road
map. The initiative may be run as a
public-private partnership representing business, academic, governmental, and
nongovernmental organizations. The
initiative must oversee the development and implementation of a renewable
hydrogen road map, including appropriate technology deployments, that achieve
the hydrogen goal of section 216B.013.
The road map should be compatible with the United States Department of
Energy's National Hydrogen Energy Roadmap and be based on an assessment of marketplace
economics and the state's opportunities in hydrogen, fuel cells, and related
technologies, so as to capitalize on strengths. The road map should establish a vision, goals, general timeline,
strategies for working with industry, and measurable milestones for achieving
the state's renewable hydrogen goal.
The road map should describe how renewable hydrogen and fuel cells fit
in Minnesota's overall energy system, and should help foster a consistent,
predictable, and prudent investment environment. The department must report to the legislature on the progress in
implementing the road map by November 1 of each odd-numbered year.
Subd. 2.
(1) help identify the most promising technology
deployment projects for public investment;
(2) advise on the technical specifications for those
projects; and
(3) make recommendations on project grants.
(b) The commissioner shall give preference to
project concepts included in the department's most recent biennial report: Strategic Demonstration Projects to
Accelerate the Commercialization of Renewable Hydrogen and Related Technologies
in Minnesota. Projects eligible for
funding must combine one or more of the hydrogen production options listed in
the department's report with an end use that has significant commercial
potential, preferably high visibility, and relies on fuel cells or related
technologies. Each funded technology
deployment must include an explicit education and awareness-raising component, be
compatible with the renewable hydrogen deployment criteria defined in section
216B.812, and receive 50 percent of its total cost from nonstate sources. The 50 percent requirement does not apply
for recipients that are public institutions.
Sec. 24. Minnesota
Statutes 2006, section 216C.051, subdivision 2, is amended to read:
Subd. 2. Establishment. (a) There is established a Legislative
Electric Energy Task Force to study future electric energy sources and costs
and to make recommendations for legislation for an environmentally and
economically sustainable and advantageous electric energy supply.
(b) The task force consists of:
(1) ten members of the house of representatives
including the chairs of the Environment and Natural Resources Committee and Regulated
Industries Subcommittee the Energy Finance and Policy Division and
eight members to be appointed by the speaker of the house, four of whom must be
from the minority caucus; and
(2) ten members of the senate including the chairs
of the Environment, Energy and Natural Resources Budget Division and
Jobs, Energy, and Community Development Utilities, Technology
and Communications committees and eight members to be appointed by the
Subcommittee on Committees, four of whom must be from the minority caucus.
(c) The task force may employ staff, contract for
consulting services, and may reimburse the expenses of persons requested to
assist it in its duties other than state employees or employees of electric
utilities. The director of the
Legislative Coordinating Commission shall assist the task force in
administrative matters. The task force
shall elect cochairs, one member of the house and one member of the senate from
among the committee and subcommittee chairs named to the committee. The task force members from the house shall
elect the house cochair, and the task force members from the senate shall elect
the senate cochair.
Sec. 25.
Minnesota Statutes 2006, section 216C.051, subdivision 9, is amended to
read:
Subd. 9. Expiration. This section is repealed June 30, 2007 2010.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 26. Minnesota Statutes 2006, section 216C.052,
is amended by adding a subdivision to read:
Subd. 8a. Manitoba Hydro information. By January 1, 2008, and each year
thereafter, the task force shall request the Manitoba Hydro-Electric Board to
provide the following information for each community that is a signatory to the
Northern Flood Agreement, including South Indian Lake:
(1) median household income and number of residents
employed full time and part time;
(2) the number of outstanding claims filed against
Manitoba Hydro by individuals and communities and the number of claims settled
by Manitoba Hydro; and
(3) the amount of shoreline damaged by flooding and
erosion and the amount of shoreline restored and cleaned.
For the purposes of this subdivision, "Northern
Flood Agreement" means the agreement entered into by the Northern Flood
Committee, Incorporated, the Manitoba Hydro-Electric Board, the province of
Manitoba, and the government of Canada on December 16, 1977.
Sec. 27. [216C.385] CLEAN ENERGY RESOURCE TEAMS.
Subdivision 1. Findings. The legislature finds that
community-based energy programs are an effective means of implementing improved
energy practices including conservation, greater efficiency in energy use, and
the production and use of renewable resources such as wind, solar, biomass, and
biofuels. Further, community-based
energy programs are found to be a public purpose for which public money may be
spent.
Subd. 2. Mission, organization, and membership. The clean energy resource teams (CERT's)
project is an innovative state, university, and nonprofit partnership that
serves as a catalyst for community energy planning and projects. The mission of CERT's is to give citizens a
voice in the energy planning process by connecting them with the necessary
technical resources to identify and implement community-scale renewable energy
and energy efficiency projects. In
2003, the Department of Commerce designated the CERT's project as a statewide
collaborative venture and recognized six regional teams based on their
geography: Central, Northeast,
Northwest, Southeast, Southwest, and West-Central. Membership of CERT's may include but is not limited to
representatives of utilities; federal, state, and local governments; small
business; labor; senior citizens; academia; and other interested parties. The Department of Commerce may certify additional
clean energy resource teams by regional geography, including teams in the Twin
Cities metropolitan area.
Subd. 3. Powers and duties. In order to develop and implement
community-based energy programs, a clean energy resource team may:
(1) analyze social and economic impacts caused by
energy expenditures;
(2) analyze regional renewable and energy efficiency
resources and opportunities;
(3) link community members and community energy
projects to the knowledge and capabilities of the University of Minnesota, the
State Energy Office, nonprofit organizations, and regional community members,
among others;
(4) plan, set priorities for, provide technical
assistance to, and catalyze local energy efficiency and renewable energy
projects that help to meet state energy policy goals and maximize local
economic development opportunities;
(5) provide a broad-based resource and
communications network that links local, county, and regional energy efficiency
and renewable energy project efforts around the state (both interregional and
intraregional);
(6) seek, accept, and disburse
grants and other aids from public or private sources for purposes authorized in
this subdivision;
(7) provides a convening and networking function
within CERT's regions to facilitate education, knowledge formation, and project
replication; and
(8) exercise other powers and duties imposed on it
by statute, charter, or ordinance.
Subd. 4. Department assistance. The commissioner, via the clean energy
resource teams, may provide professional, technical, organizational, and financial
assistance to regions and communities to develop and implement community energy
programs and projects, within available resources.
Sec. 28. [216C.39] RURAL WIND ENERGY DEVELOPMENT
REVOLVING LOAN FUND.
Subdivision 1. Establishment. A rural wind energy development revolving
loan fund is established as an account in the special revenue fund in the state
treasury. The commissioner of finance
shall credit to the account the amounts authorized under this section and
appropriations and transfers to the account.
Earnings, such as interest, dividends, and any other earnings arising
from fund assets, must be credited to the account.
Subd. 2. Purpose. The rural wind energy development
revolving loan fund is created to provide financial assistance, through
partnership with local owners and communities, in developing community wind
energy projects that meet the specifications of section 216B.1612, subdivision
2, paragraph (f).
Subd. 3. Expenditures. Money in the fund is appropriated to the
commissioner of commerce, and may be used to make loans to qualifying owners of
wind energy projects, as defined in section 216B.1612, subdivision 2, paragraph
(f), to assist in funding wind studies and transmission interconnection
studies. The loans must be structured
for repayment within 30 days after the project begins commercial operations or
two years from the date the loan is issued, whichever is sooner. The commissioner may pay reasonable and
actual costs of administering the loan program, not to exceed interest earned
on fund assets.
Subd. 4. Limitations. A loan may not be approved for an amount
exceeding $100,000. This limit applies
to all money loaned to a single project or single entity, whether paid to one
or more qualifying owners and whether paid in one or more fiscal years.
Subd. 5. Administration; eligible projects. (a) Applications for a loan under this
section must be made in a manner and on forms prescribed by the
commissioner. Loans to eligible
projects must be made in the order in which complete applications are received
by the commissioner. Loan funds must be
disbursed to an applicant within ten days of submission of a payment request by
the applicant that demonstrates a payment due to the Midwest Independent System
Operator. Interest payable on the loan
amount may not exceed 1.5 percent per annum.
(b) A project is eligible for a loan under this
program if:
(1) the project has completed an adequate
interconnection feasibility study that indicates the project may be
interconnected with system upgrades of less than ten percent of the estimated
project costs;
(2) the project has a signed power purchase
agreement with an electric utility or provides evidence that the project is
under serious consideration for such an agreement by an electric utility;
(3) the ownership and structure of the project
allows it to qualify as a community-based energy development (C‑BED)
project under section 216B.1612, and the developer commits to obtaining and
maintaining C-BED status; and
(4) the commissioner has determined that sufficient
funds are available to make a loan to the project.
Sec. 29. Minnesota Statutes 2006, section 216C.41,
subdivision 3, is amended to read:
Subd. 3. Eligibility window. Payments may be made under this section only
for:
(a) electricity generated from:
(1) from a qualified hydroelectric facility
that is operational and generating electricity before December 31, 2009;
(2) from a qualified
wind energy conversion facility that is operational and generating electricity
before January 1,
2008; or
(3) from a qualified on-farm biogas recovery
facility from July 1, 2001, through December 31, 2017; and
(b) gas generated from a qualified on-farm biogas
recovery facility from July 1, 2007, through December 31, 2017.
Sec. 30. PETROLEUM VIOLATION ESCROW FUNDS.
(a) Petroleum violation escrow funds appropriated to
the commissioner of commerce by Laws
1988, chapter 686, article 1, section 38, for state energy loan programs for
schools, hospitals, and public
buildings must be used for grants to kindergarten through grade 12 schools to
develop energy conservation or renewable energy projects. A grant may not exceed $500,000. The commissioner must endeavor to award
grants throughout the regions of the state.
No more than one grant may be awarded in a county, unless an
insufficient number of applications is received from schools located in other
counties to exhaust available funds.
(b) The commissioner of commerce must petition the
federal Department of Energy for a waiver from any federal regulation that
limits the proportion of federal funds expended on state energy programs that
may be spent on energy efficiency.
(c) For purposes of this subdivision,
"renewable energy" means wind, solar, hydroelectric with a capacity
of less than 60 megawatts, geothermal, hydrogen, fuel cells made from renewable
resources, herbaceous crops, agricultural crops, agricultural waste, and
aquatic plant matter.
EFFECTIVE
DATE. This section is effective the day after
the commissioner of commerce receives the waiver described in paragraph (b).
Sec. 31. UNIFORM CODES AND STANDARDS FOR
HYDROGEN, FUEL CELLS, AND RELATED TECHNOLOGIES; RECOMMENDATIONS AND REPORT.
(a) The commissioner of labor and industry, in
consultation with the Department of Commerce and other relevant public and
private interests, shall develop recommendations regarding the adoption of
uniform codes and standards for hydrogen infrastructure, fuel cells, and
related technologies, and report those recommendations to the legislature by December
31, 2008.
(b) The goal of the recommendations is to have all
regulatory jurisdictions in the state have the same safety standards with
regard to the production, storage, transportation, distribution, and use of
hydrogen, fuel cells, and related technologies. The commissioner's recommendations must, without limitation,
include:
(1) codes and standards that already exist for
hydrogen, fuel cells, and related technologies, and how the state should
formalize their use;
(2)
codes and standards still under development by various official standard-making
bodies;
(3) gaps between existing codes and standards, those
under development, and those that may still be needed but are not yet being
developed;
(4) the need for, and estimated cost of, additional
education and training for emergency management and code officials;
(5) any changes needed to environmental and other
permitting processes to accommodate the commercialization of hydrogen, fuel
cells, and related technologies; and
(6) recommendations on appropriate codes and
standards for educational and research institutions.
Sec. 32. HYDROGEN REFUELING STATION GRANTS.
In addition to the purposes specified in Laws 2005,
chapter 97, article 13, section 4, for which the commissioner of commerce may
make grants, the commissioner may make grants under that law for the purpose of
developing, deploying, and encouraging commercially promising renewable
hydrogen production systems and hydrogen end uses in partnership with industry. The authority of the commissioner to make
grants and assessments under Laws 2005, chapter 97, article 13, section 4,
continues until the authorized grants and assessments are made.
Sec. 33. OFF-SITE RENEWABLE DISTRIBUTED
GENERATION.
The commissioner of commerce shall convene a broad
group of interested stakeholders to evaluate the feasibility and potential for
the interconnection and parallel operation of off-site renewable distributed
generation in a manner consistent with Minnesota Statutes, sections 216B.37 to
216B.43, and shall issue recommendations to the chairs of the house of
representatives and senate committees with jurisdiction over energy issues by
February 1, 2008.
Sec. 34. DEFINITIONS.
For purposes of sections 32 to 34, the following
definitions apply:
(1) "terrestrial carbon sequestration"
means the long-term storage of carbon in soil and vegetation to prevent its
collection in the atmosphere as carbon dioxide; and
(2) "geologic carbon sequestration" means
injecting carbon dioxide into underground geologic formations where it can be
stored for long periods of time to prevent its escape to the atmosphere.
Sec. 35. TERRESTRIAL CARBON SEQUESTRATION
ACTIVITIES.
Subdivision 1. Study; scope. The Board of Regents of the University of
Minnesota is requested to conduct a study assessing the potential capacity for
carbon sequestration in Minnesota's terrestrial systems. The study must:
(1) conduct a statewide inventory and construct a
database of lands across several land types, such as forests, agricultural lands,
peatlands, and wetlands, that have the potential to sequester significant
quantities of carbon and of lands that currently contain large stocks of carbon
that are at risk of being emitted to the atmosphere as a result of changes in
land use and climate;
(2) quantify the ability of various land use
practices, such as the growth of different species of crops, grasses, and
trees, to sequester carbon and their impacts on other ecological services of
value, including air and water quality, biodiversity, and wildlife habitat;
(3)
identify a network of benchmark monitoring sites to measure the impact of
long-term, large-scale factors, such as changes in climate, carbon dioxide
levels, and land use, on the terrestrial carbon sequestration capacity of
various land types, to improve understanding of carbon-terrestrial interactions
and dynamics;
(4) identify long-term demonstration projects to
measure the impact of deliberate sequestration practices, including the
establishment of biofuel production systems, on forest, agricultural, wetland,
and prairie ecosystems; and
(5) evaluate current state policies and programs
that affect the levels of terrestrial sequestration on public and private lands
and identify gaps and recommend policy changes to increase sequestration rates.
Subd. 2. Coordination of terrestrial carbon
sequestration activities. Planning
and implementation of the study described in subdivision 1 will be coordinated
by the Minnesota Terrestrial Carbon Sequestration Initiative, a task force consisting
of representatives from the University of Minnesota, the Department of
Agriculture, the Board of Water and Soil Resources, the Department of Commerce,
the Department of Natural Resources, and the Pollution Control Agency and
agricultural, forestry, conservation, and business stakeholders.
Subd. 3. Contracting. The University of Minnesota may contract
with another party to perform any of the tasks listed in subdivision 1.
Subd. 4. Report. The commissioner of natural resources
must submit a report with the results of the study to the senate and house
committees with jurisdiction over environmental and energy policies no later
than February 1, 2008.
Sec. 36. GEOLOGIC CARBON SEQUESTRATION
ASSESSMENT.
Subdivision 1. Study; scope. (a) The Minnesota Geological Survey shall
conduct a study assessing the potential capacity for geologic carbon
sequestration in the Midcontinent Rift system in Minnesota. The study must assess the potential of
porous and permeable sandstone layers deeper than one kilometer below the
surface that are capped by less permeable shale and must identify potential
risks to carbon storage, such as areas of low permeability in injection zones,
low storage capacity, and potential seal failure. The study must identify the most promising formations and
geographic areas for physical analysis of carbon sequestration potential. The study must review geologic maps,
published reports and surveys, and any relevant unpublished raw data with respect
to attributes that are pertinent for the long-term sequestration of carbon in
geologic formations, in particular, those that bear on formation injectivity,
capacity, and seal effectiveness. The
study must examine the following characteristics of key sedimentary units
within the Midcontinent Rift system in Minnesota:
(1) likely depth, temperature, and pressure;
(2) physical properties, including the ability to
contain and transmit fluids;
(3) the type of rocks present;
(4) structure and geometry, including folds and
faults; and
(5) hydrogeology, including water chemistry and
water flow.
(b) The commissioner of natural resources, in
consultation with the Minnesota Geological Survey, shall contract for a study
to estimate the properties of the Midcontinent Rift system in Minnesota, as described
in paragraph (a), clauses (1) to (5), through the use of computer models
developed for similar geologic formations located outside of Minnesota which
have been studied in greater detail.
Subd.
2.
Subd. 3. Report. The commissioner of natural resources
must submit a report with the results of the study to the senate and house
committees with jurisdiction over environmental and energy policies no later
than February 1, 2008.
Sec. 37. ST. PAUL PORT AUTHORITY.
Notwithstanding Minnesota Statutes, section 465.717,
the St. Paul Port Authority may create a not-for-profit corporation for
purposes of owning or operating, or both, a steam and electricity producing
facility to be located in St. Paul that uses primarily fuel from an eligible
energy technology as defined in Minnesota Statutes, section 216B.1691,
subdivision 1, except that it does not include mixed municipal solid waste as
an eligible energy technology. Steam
produced by the facility may be used by a customer in a paper recycling
operation. Nothing in this section
authorizes or prohibits the retail sale of energy produced by the facility to
other retail customers.
Sec. 38. BIOFUEL PERMITTING REPORT.
By January 15, 2008, the Pollution Control Agency,
the commissioner of natural resources, and the Environmental Quality Board
shall report to the house of representatives and senate committees and
divisions with jurisdiction over agriculture and environment policy and budget
on the process to issue permits for biofuel production facilities. The report shall include:
(1) information on the timing of the permits and
measures taken to improve the timing of the permitting process;
(2) recommended changes to statutes, rules,
procedures, or fees to improve the biofuel facility permitting process and
reduce the groundwater needed for production; and
(3) other information or analysis that may be
helpful in understanding or improving the biofuel production facility
permitting process.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 39. WINONA COUNTY; ELECTRIC POWER PLANT.
The county of Winona 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, within its corporate limits, and may sell the output from
that facility at wholesale on such terms and conditions as the county board
deems is in the best interests of the public.
With respect to any wind energy conversion system, or any portion of a
wind energy conversion system, the county may exercise the powers granted to a
municipal power agency and to a city under Minnesota Statutes, sections 453.52,
subdivisions 1, 6, 7, and 9 to 13; 453.54, subdivisions 1, 2, 4 to 6, 10, 11,
14, 15, and 17 to 21; 453.55; 453.57; 453.58, subdivisions 2, 3, and 4; 453.59;
453.60; 453.61; and 453.62, except that output from that wind energy conversion
system may not be sold or distributed at retail or provided for end use by the
county. Minnesota Statutes, section
453.58, subdivision 3, does not give the county the authority to enter into
contracts with a municipal power agency for the purchase, sale, exchange, or
transmission of electric energy and other services.
EFFECTIVE
DATE. This section is effective the day after
the governing body of the county of Winona and its chief clerical officer
comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec.
40. APPLICATION OF RULES.
Minnesota Rules, parts 7831.0100; 7831.0200;
7831.0300; 7831.0400; 7831.0500; 7831.0600; 7831.0700; and 7831.0800, do not
apply to a general rate case for a gas or electric utility held before the
commission. The Public Utilities
Commission shall timely adopt rules to conform with this section and Minnesota
Statutes, section 216B.16, subdivision 10, as amended by this act, under the
exempt rule procedures of Minnesota Statutes, section 14.388, subdivision 1,
clause (3).
Sec. 41. REVISOR'S INSTRUCTION.
The revisor of statutes must change the reference
from "216B.095" to "216B.096" wherever found in Minnesota
Rules, chapter 7820.
Sec. 42. REPEALER.
(a) Minnesota Statutes 2006, section 216B.095, is
repealed.
(b) Minnesota Rules, parts 7820.1500; 7820.1600;
7820.1700; 7820.1750; 7820.1800; 7820.1900; 7820.2000; 7820.2100; 7820.2150;
7820.2200; and 7820.2300, are repealed.
Sec. 43. EFFECTIVE DATE.
Sections 13, 39, and 40 are effective September 1,
2008.
ARTICLE 3
COMMERCE
Section 1.
Minnesota Statutes 2006, section 13.712, is amended by adding a
subdivision to read:
Subd. 3. Vehicle protection product warrantors. Financial information provided to the
commissioner of commerce by vehicle protection product warrantors is classified
under section 59C.05, subdivision 3.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 2.
Minnesota Statutes 2006, section 45.011, subdivision 1, is amended to
read:
Subdivision 1.
Scope. As used in chapters 45 to 83, 155A, 332, 332A, 345, and 359, and sections
325D.30 to 325D.42, 326.83 to 326.991, and 386.61 to 386.78, unless the context
indicates otherwise, the terms defined in this section have the meanings given
them.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 3. [45.24] LICENSE TECHNOLOGY FEES.
(a) The commissioner may establish and maintain an
electronic licensing database system for license origination, renewal, and
tracking the completion of continuing education requirements by individual
licensees who have continuing education requirements, and other related
purposes.
(b)
The commissioner shall pay for the cost of operating and maintaining the
electronic database system described in paragraph (a) through a technology
surcharge imposed upon the fee for license origination and renewal, for
individual licenses that require continuing education.
(c) The surcharge permitted under paragraph (b)
shall be up to $40 for each two-year licensing period, except as otherwise
provided in paragraph (f), and shall be payable at the time of license
origination and renewal.
(d) The Commerce Department technology account is
hereby created as an account in the special revenue fund.
(e) The commissioner shall deposit the surcharge
permitted under this section in the account created in paragraph (d), and funds
in the account are appropriated to the commissioner in the amounts needed for
purposes of this section.
(f) The commissioner shall temporarily reduce or
suspend the surcharge as necessary if the balance in the account created in
paragraph (d) exceeds $2,000,000 as of the end of any calendar year and shall
increase or decrease the surcharge as necessary to keep the fund balance at an
adequate level but not in excess of $2,000,000.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 4.
Minnesota Statutes 2006, section 46.04, subdivision 1, is amended to
read:
Subdivision 1.
General. The commissioner of commerce, referred to in
chapters 46 to 59A, and subpoenas in the manner
provided by law for enforcing obedience to subpoenas of the court. In all matters relating to official duties,
the commissioner of commerce has the power possessed by courts of law to issue
subpoenas and cause them to be served and enforced, and all officers, directors,
trustees, and employees of state banks, savings banks, trust companies, savings
associations, and other financial institutions within the state, and all
persons having dealings with or knowledge of the affairs or methods of these
institutions, shall afford reasonable facilities for these examinations, make
returns and reports to the commissioner of commerce as the commissioner may
require; attend and answer, under oath, the commissioner's lawful inquiries;
produce and exhibit any books, accounts, documents, and property as the
commissioner may desire to inspect, and in all things aid the commissioner in
the performance of duties. sections 332.12 to 332.29 chapter 332A,
as the commissioner, is vested with all the powers, authority, and privileges
which, prior to the enactment of Laws 1909, chapter 201, were conferred by law
upon the public examiner, and shall take over all duties in relation to state
banks, savings banks, trust companies, savings associations, and other
financial institutions within the state which, prior to the enactment of
chapter 201, were imposed upon the public examiner. The commissioner of commerce shall exercise a constant
supervision, either personally or through the examiners herein provided for, over
the books and affairs of all state banks, savings banks, trust companies,
savings associations, credit unions, industrial loan and thrift companies, and
other financial institutions doing business within this state; and shall,
through examiners, examine each financial institution at least once every 24
calendar months. In satisfying this
examination requirement, the commissioner may accept reports of examination
prepared by a federal agency having comparable supervisory powers and
examination procedures. With the
exception of industrial loan and thrift companies which do not have deposit
liabilities and licensed regulated lenders, it shall be the principal purpose
of these examinations to inspect and verify the assets and liabilities of each
and so far investigate the character and value of the assets of each
institution as to determine with reasonable certainty that the values are
correctly carried on its books. Assets
and liabilities shall be verified in accordance with methods of procedure which
the commissioner may determine to be adequate to carry out the intentions of
this section. It shall be the further
purpose of these examinations to assess the adequacy of capital protection and
the capacity of the institution to meet usual and reasonably anticipated
deposit withdrawals and other cash commitments without resorting to excessive
borrowing or sale of assets at a significant loss, and to investigate each
institution's compliance with applicable laws and rules. Based on the examination findings, the
commissioner shall make a determination as to whether the institution is being
operated in a safe and sound manner.
None of the above provisions limits the commissioner in making
additional examinations as deemed necessary or advisable. The commissioner shall investigate the
methods of operation and conduct of these institutions and their systems of
accounting, to ascertain whether these methods and systems are in accordance
with law and sound banking principles.
The commissioner may make requirements as to records as deemed necessary
to facilitate the carrying out of the commissioner's duties and to properly
protect the public interest. The
commissioner may examine, or cause to be examined by these examiners, on oath,
any officer, director, trustee, owner, agent, clerk, customer, or depositor of
any financial institution touching the affairs and business thereof, and may
issue, or cause to be issued by the examiners, subpoenas, and administer, or
cause to be administered by the examiners, oaths. In case of any refusal to obey any subpoena issued under the
commissioner's direction, the refusal may at once be reported to the district
court of the district in which the bank or other financial institution is
located, and this court shall enforce obedience to these
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 5.
Minnesota Statutes 2006, section 46.05, is amended to read:
46.05
SUPERVISION OVER FINANCIAL INSTITUTIONS.
Every state bank, savings bank, trust company,
savings association, debt management services provider, and other
financial institutions shall be at all times under the supervision and subject
to the control of the commissioner of commerce. If, and whenever in the performance of duties, the commissioner
finds it necessary to make a special investigation of any financial institution
under the commissioner's supervision, and other than a complete examination,
the commissioner shall make a charge therefor to include only the necessary
costs thereof. Such a fee shall be
payable to the commissioner on the commissioner's making a request for payment.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 6.
Minnesota Statutes 2006, section 46.131, subdivision 2, is amended to
read:
Subd. 2. Assessment authority. Each bank, trust company, savings bank,
savings association, regulated lender, industrial loan and thrift company,
credit union, motor vehicle sales finance company, debt prorating agency
management services provider and insurance premium finance company
organized under the laws of this state or required to be administered by the
commissioner of commerce shall pay into the state treasury its proportionate
share of the cost of maintaining the Department of Commerce.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 7.
Minnesota Statutes 2006, section 47.19, is amended to read:
47.19
CORPORATION MAY BE MEMBER OR STOCKHOLDER OF FEDERAL AGENCY.
Any corporation is hereby empowered and authorized
to become a member of, or stockholder in, any such agency, and to that end to
purchase stock in, or securities of, or deposit money with, such agency and/or
to comply with any other conditions of membership or credit; to borrow money
from such agency upon such rates of interest, not exceeding the contract rate
of interest in this state, and upon such terms and conditions as may be agreed
upon by such corporation and such agency, for the purpose of making loans,
paying withdrawals, paying maturities, paying debts, and for any other purpose
not inconsistent with the objects of the corporation; provided, that the
aggregate amount of the indebtedness, so incurred by such corporation, which
shall be outstanding at any time shall not exceed 25 35 percent
of the then total assets of the corporation; to assign, pledge and hypothecate
its bonds, mortgages or other assets; and, in case of savings associations, to
repledge with such agency the shares of stock in such association which any
owner thereof may have pledged as collateral security, without obtaining the
consent thereunto of such owner, as security for the repayment of the
indebtedness so created by such corporation and as evidenced by its note or
other evidence of indebtedness given for such borrowed money; and to do any and
all things which shall or may be necessary or convenient in order to comply
with and to obtain the benefits of the provisions of any act of Congress
creating such agency, or any amendments thereto.
Sec. 8. Minnesota Statutes 2006, section 47.59,
subdivision 6, is amended to read:
Subd. 6. Additional charges. (a) For purposes of this subdivision,
"financial institution" includes a person described in subdivision 4,
paragraph (a). In addition to the
finance charges permitted by this section, a financial institution may contract
for and receive the following additional charges that may be included in the
principal amount of the loan or credit sale unpaid balances:
(1) official fees and taxes;
(2) charges for insurance as described in paragraph
(b);
(3) with respect to a loan or credit sale contract
secured by real estate, the following "closing costs," if they are
bona fide, reasonable in amount, and not for the purpose of circumvention or
evasion of this section:
(i) fees or premiums for title examination, abstract
of title, title insurance, surveys, or similar purposes;
(ii) fees for preparation of a deed, mortgage,
settlement statement, or other documents, if not paid to the financial
institution;
(iii) escrows for future payments of taxes,
including assessments for improvements, insurance, and water, sewer, and land
rents;
(iv) fees for notarizing deeds and other documents;
(v) appraisal and credit report fees; and
(vi) fees for determining whether any portion of the
property is located in a flood zone and fees for ongoing monitoring of the
property to determine changes, if any, in flood zone status;
(4) a delinquency charge on a payment, including the
minimum payment due in connection with open-end credit, not paid in full on or
before the tenth day after its due date in an amount not to exceed five percent
of the amount of the payment or $5.20, whichever is greater;
(5) for a returned check or returned automatic
payment withdrawal request, an amount not in excess of the service charge
limitation in section 604.113, except that, on a loan transaction that is a
consumer small loan as defined in section 47.60, subdivision 1, paragraph (a),
in which cash is advanced in exchange for a personal check, the civil penalty
provisions of section 604.113, subdivision 2, paragraph (b), may not be
demanded or assessed against the borrower; and
(6) charges for other benefits, including insurance,
conferred on the borrower that are of a type that is not for credit.
(b) An additional charge may be made for insurance
written in connection with the loan or credit sale contract, which may be
included in the principal amount of the loan or credit sale unpaid balances:
(1) with respect to insurance against loss of or
damage to property, or against liability arising out of the ownership or use of
property, if the financial institution furnishes a clear, conspicuous, and
specific statement in writing to the borrower setting forth the cost of the
insurance if obtained from or through the financial institution and stating
that the borrower may choose the person through whom the insurance is to be
obtained;
(2) with respect to credit
insurance or mortgage insurance providing life, accident, health, or
unemployment coverage, if the insurance coverage is not required by the
financial institution, and this fact is clearly and conspicuously disclosed in
writing to the borrower, and the borrower gives specific, dated, and separately
signed affirmative written indication of the borrower's desire to do so after
written disclosure to the borrower of the cost of the insurance; and
(3) with respect to the vendor's single interest
insurance, but only (i) to the extent that the insurer has no right of
subrogation against the borrower; and (ii) to the extent that the insurance
does not duplicate the coverage of other insurance under which loss is payable
to the financial institution as its interest may appear, against loss of or
damage to property for which a separate charge is made to the borrower
according to clause (1); and (iii) if a clear, conspicuous, and specific
statement in writing is furnished by the financial institution to the borrower
setting forth the cost of the insurance if obtained from or through the
financial institution and stating that the borrower may choose the person
through whom the insurance is to be obtained.
(c) In addition to the finance charges and other
additional charges permitted by this section, a financial institution may
contract for and receive the following additional charges in connection with
open-end credit, which may be included in the principal amount of the loan or
balance upon which the finance charge is computed:
(1) annual charges, not to exceed $50 per annum,
payable in advance, for the privilege of opening and maintaining open-end
credit;
(2) charges for the use of an automated teller
machine;
(3) charges for any monthly or other periodic
payment period in which the borrower has exceeded or, except for the financial
institution's dishonor would have exceeded, the maximum approved credit limit,
in an amount not in excess of the service charge permitted in section 604.113;
(4) charges for obtaining a cash advance in an
amount not to exceed the service charge permitted in section 604.113; and
(5) charges for check and draft copies and for the
replacement of lost or stolen credit cards.
(d) In addition to the finance charges and other
additional charges permitted by this section, a financial institution may
contract for and receive a onetime loan administrative fee not exceeding $25 in
connection with closed-end credit, which may be included in the principal
balance upon which the finance charge is computed. This paragraph applies only to closed-end credit in an original
principal amount of $4,320 or less. The
determination of an original principal amount must exclude the administrative
fee contracted for and received according to this paragraph.
Sec. 9.
Minnesota Statutes 2006, section 47.60, subdivision 2, is amended to
read:
Subd. 2. Authorization, terms, conditions, and
prohibitions. (a) In lieu of the
interest, finance charges, or fees in any other law, a consumer small loan
lender may charge the following:
(1) on any amount up to and including $50, a charge
of $5.50 may be added;
(2) on amounts in excess of $50, but not more than
$100, a charge may be added equal to ten percent of the loan proceeds plus a $5
administrative fee;
(3) on amounts in excess of $100, but not more than
$250, a charge may be added equal to seven percent of the loan proceeds with a
minimum of $10 plus a $5 administrative fee;
(4) for amounts in excess of
$250 and not greater than the maximum in subdivision 1, paragraph (a), a charge
may be added equal to six percent of the loan proceeds with a minimum of $17.50
plus a $5 administrative fee.
(b) The term of a loan made under this section shall
be for no more than 30 calendar days.
(c) After maturity, the contract rate must not
exceed 2.75 percent per month of the remaining loan proceeds after the maturity
date calculated at a rate of 1/30 of the monthly rate in the contract for each
calendar day the balance is outstanding.
(d) No insurance charges or other charges must be
permitted to be charged, collected, or imposed on a consumer small loan except
as authorized in this section.
(e) On a loan transaction in which cash is advanced
in exchange for a personal check, a return check charge may be charged as
authorized by section 604.113, subdivision 2, paragraph (a). The civil penalty provisions of section
604.113, subdivision 2, paragraph (b), may not be demanded or assessed against
the borrower.
(f) A loan made under this section must not be
repaid by the proceeds of another loan made under this section by the same
lender or related interest. The
proceeds from a loan made under this section must not be applied to another
loan from the same lender or related interest.
No loan to a single borrower made pursuant to this section shall be
split or divided and no single borrower shall have outstanding more than one
loan with the result of collecting a higher charge than permitted by this
section or in an aggregate amount of principal exceed at any one time the
maximum of $350.
Sec. 10.
Minnesota Statutes 2006, section 47.62, subdivision 1, is amended to
read:
Subdivision 1.
General authority. Any person may establish and maintain one or
more electronic financial terminals.
Any financial institution may provide for its customers the use of an
electronic financial terminal by entering into an agreement with any person who
has established and maintains one or more electronic financial terminals if
that person authorizes use of the electronic financial terminal to all
financial institutions on a nondiscriminatory basis pursuant to section
47.64. Electronic financial
terminals to be established and maintained in this state by financial
institutions located in states other than Minnesota must file a notification to
the commissioner as required in this section.
The notification may be in the form lawfully required by the state
regulator responsible for the examination and supervision of that financial
institution. If there is no such
requirement, then notification must be in the form required by this section for
Minnesota financial institutions.
Sec. 11.
Minnesota Statutes 2006, section 47.75, subdivision 1, is amended to
read:
Subdivision 1.
Retirement, health savings, and
medical savings accounts. (a) A
commercial bank, savings bank, savings association, credit union, or industrial
loan and thrift company may act as trustee or custodian:
(1) under the Federal Self-Employed Individual Tax
Retirement Act of 1962, as amended;
(2) of a medical savings account under the Federal
Health Insurance Portability and Accountability Act of 1996, as amended;
(3) of a health savings account under the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, as amended; and
(4) under the Federal Employee Retirement Income
Security Act of 1974, as amended.
(b)
The trustee or custodian may accept the trust funds if the funds are invested
only in savings accounts or time deposits in the commercial bank, savings bank,
savings association, credit union, or industrial loan and thrift company,
except that health savings accounts may also be invested in transaction
accounts. Health savings accounts
invested in transaction accounts shall not be subject to the restrictions in
section 48.512, subdivision 3. All
funds held in the fiduciary capacity may be commingled by the financial
institution in the conduct of its business, but individual records shall be
maintained by the fiduciary for each participant and shall show in detail all
transactions engaged under authority of this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 12.
Minnesota Statutes 2006, section 48.15, subdivision 4, is amended to
read:
Subd. 4. Retirement, health savings, and medical
savings accounts. (a) A state bank
may act as trustee or custodian:
(1) of a self-employed retirement plan under the
Federal Self-Employed Individual Tax Retirement Act of 1962, as amended;
(2) of a medical savings account under the Federal
Health Insurance Portability and Accountability Act of 1996, as amended;
(3) of a health savings account under the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, as amended; and
(4) of an individual retirement account under the
Federal Employee Retirement Income Security Act of 1974, as amended, if the
bank's duties as trustee or custodian are essentially ministerial or custodial
in nature and the funds are invested only (i) in the bank's own savings or time
deposits, except that health savings accounts may also be invested in
transaction accounts. Health savings
accounts invested in transaction accounts shall not be subject to the
restrictions in section 48.512, subdivision 3; or (ii) in any other assets
at the direction of the customer if the bank does not exercise any investment
discretion, invest the funds in collective investment funds administered by it,
or provide any investment advice with respect to those account assets.
(b) Affiliated discount brokers may be utilized by
the bank acting as trustee or custodian for self-directed IRAs, if specifically
authorized and directed in appropriate documents. The relationship between the affiliated broker and the bank must
be fully disclosed. Brokerage
commissions to be charged to the IRA by the affiliated broker should be
accurately disclosed. Provisions should
be made for disclosure of any changes in commission rates prior to their
becoming effective. The affiliated
broker may not provide investment advice to the customer.
(c) All funds held in the fiduciary capacity may be
commingled by the financial institution in the conduct of its business, but
individual records shall be maintained by the fiduciary for each participant
and shall show in detail all transactions engaged under authority of this
subdivision.
(d) The authority granted by this section is in addition
to, and not limited by, section 47.75.
EFFECTIVE
DATE. This section is effective the day following final enactment.
Sec. 13.
Minnesota Statutes 2006, section 58.04, subdivision 1, is amended to
read:
Subdivision 1.
Residential mortgage originator
licensing requirements. (a) Beginning
August 1, 1999, No person shall act as a residential mortgage originator,
or make residential mortgage loans without first obtaining a license from the
commissioner according to the licensing procedures provided in this chapter.
(b)
A licensee must be either a partnership, limited liability partnership,
association, limited liability company, corporation, or other form of business
organization, and must have and maintain at all times one of the following:
approval as a mortgagee by either the federal Department of Housing and Urban
Development or the Federal National Mortgage Association; a minimum net worth,
net of intangibles, of at least $250,000; or a surety bond or irrevocable
letter of credit in the amount of $50,000.
Net worth, net of intangibles, must be calculated in accordance with
generally accepted accounting principles.
(c) The following persons are exempt from the
residential mortgage originator licensing requirements:
(1) an employee of one mortgage originator licensee
or one person holding a certificate of exemption;
(2) a person licensed as a real estate broker under
chapter 82 who is not licensed to another real estate broker;
(3) an individual real estate licensee who is
licensed to a real estate broker as described in clause (2) if:
(i) the individual licensee acts only under the
name, authority, and supervision of the broker to whom the licensee is
licensed;
(ii) the broker to whom the licensee is licensed
obtains a certificate of exemption according to section 58.05, subdivision 2;
(iii) the broker does not collect an advance fee for
its residential mortgage-related activities; and
(iv) the residential mortgage origination activities
are incidental to the real estate licensee's primary activities as a real
estate broker or salesperson;
(4) an individual licensed as a property/casualty or
life/health insurance agent under chapter 60K if:
(i) the insurance agent acts on behalf of only one
residential mortgage originator, which is in compliance with chapter 58;
(ii) the insurance agent has entered into a written
contract with the mortgage originator under the terms of which the mortgage
originator agrees to accept responsibility for the insurance agent's
residential mortgage-related activities;
(iii) the insurance agent obtains a certificate of
exemption under section 58.05, subdivision 2; and
(iv) the insurance agent does not collect an advance
fee for the insurance agent's residential mortgage-related activities;
(5) (1) a person who is not in the business of making
residential mortgage loans and who makes no more than three such loans, with
its own funds, during any 12-month period;
(6) (2) a financial institution as defined in section
58.02, subdivision 10;
(7) (3) an agency of the federal government, or of a state
or municipal government;
(8) (4) an employee or employer pension plan making loans
only to its participants;
(9) (5) a person acting in a fiduciary capacity, such as a
trustee or receiver, as a result of a specific order issued by a court of
competent jurisdiction; or
(10) (6) a person exempted by order of the commissioner.
Sec.
14. Minnesota Statutes 2006, section
58.05, is amended to read:
58.05
EXEMPTIONS FROM LICENSE.
Subdivision 1.
Exempt person. An exempt person as defined by section
58.04, subdivision 1, paragraph (b) (c), and subdivision 2,
paragraph (b), is exempt from the licensing requirements of this chapter, but
is subject to all other provisions of this chapter.
Subd. 3. Certificate of exemption. A person must obtain a certificate of
exemption from the commissioner to qualify as an exempt person under section
58.04, subdivision 1, paragraph (b) (c), as a real estate
broker under clause (2), an insurance agent under clause (4), a financial
institution under clause (6) (2), or by order of the commissioner
under clause (10) (6); or under section 58.04, subdivision 2,
paragraph (b), as a financial institution under clause (4) (3),
or by order of the commissioner under clause (8) (7).
Sec. 15.
Minnesota Statutes 2006, section 58.06, subdivision 2, is amended to
read:
Subd. 2. Application contents. (a) The application must contain the
name and complete business address or addresses of the license applicant. If The license applicant is
must be a partnership, limited liability partnership, association, limited
liability company, corporation, or other form of business organization, and the
application must contain the names and complete business addresses of each
partner, member, director, and principal officer. The application must also include a description of the activities
of the license applicant, in the detail and for the periods the commissioner
may require.
(b) An applicant must submit one of the following:
(1) evidence which shows, to the commissioner's
satisfaction, that either the federal Department of Housing and Urban
Development or the Federal National Mortgage Association has approved the
applicant as a mortgagee;
(2) a surety bond or irrevocable letter of credit in
the amount of not less than $50,000 in a form approved by the commissioner,
issued by an insurance company or bank authorized to do so in this state. The bond or irrevocable letter of credit
must be available for the recovery of expenses, fines, and fees levied by the
commissioner under this chapter and for losses incurred by borrowers. The bond or letter of credit must be
submitted with the license application, and evidence of continued coverage must
be submitted with each renewal. Any
change in the bond or letter of credit must be submitted for approval by the
commissioner within ten days of its execution; or
(3) a copy of the applicant's most recent audited
financial statement, including balance sheet, statement of income or loss,
statements of changes in shareholder equity, and statement of changes in
financial position. Financial
statements must be as of a date within 12 months of the date of application.
(c) The application must also include all of the
following:
(a) (1) an affirmation under oath that the applicant:
(1) will maintain competent staff and adequate
staffing levels, through direct employees or otherwise, to meet the
requirements of this chapter; (i) is in compliance with the requirements of
section 58.125;
(ii) will maintain a perpetual roster of individuals
employed as residential mortgage originators, including employees and
independent contractors, which includes the date that mandatory initial
education was completed. In addition,
the roster must be made available to the commissioner on demand, within three
business days of the commissioner's request;
(2) (iii) will advise the
commissioner of any material changes to the information submitted in the most
recent application within ten days of the change;
(3) (iv) will advise the commissioner in writing immediately
of any bankruptcy petitions filed against or by the applicant or licensee;
(4) is financially solvent; (v) will maintain at all
times either a net worth, net of intangibles, of at least $250,000 or a surety
bond or irrevocable letter of credit in the amount of at least $50,000;
(5) (vi) complies with federal and state tax laws; and
(6) (vii) complies with sections 345.31 to 345.60, the
Minnesota unclaimed property law; and
(7) is, or that a person in control of the license
applicant is, at least 18 years of age;
(b) (2) information as to the mortgage lending, servicing,
or brokering experience of the applicant and persons in control of the
applicant;
(c) (3) information as to criminal convictions, excluding
traffic violations, of persons in control of the license applicant;
(d) (4) whether a court of competent jurisdiction has found
that the applicant or persons in control of the applicant have engaged in
conduct evidencing gross negligence, fraud, misrepresentation, or deceit in
performing an act for which a license is required under this chapter;
(e) (5) whether the applicant or persons in control of the
applicant have been the subject of: an
order of suspension or revocation, cease and desist order, or injunctive order,
or order barring involvement in an industry or profession issued by this or
another state or federal regulatory agency or by the Secretary of Housing and
Urban Development within the ten-year period immediately preceding submission
of the application; and
(f) (6) other information required by the commissioner.
Sec. 16.
Minnesota Statutes 2006, section 58.06, is amended by adding a
subdivision to read:
Subd. 3. Waiver. The commissioner may, for good cause
shown, waive any requirement of this section with respect to an initial license
application or to permit a license applicant to submit substituted information
in its license application in lieu of the information required by this section.
Sec. 17.
Minnesota Statutes 2006, section 58.08, subdivision 3, is amended to
read:
Subd. 3. Exemption. Subdivisions 1 and Subdivision 2 do does
not apply to mortgage originators or mortgage servicers who are approved as
seller/servicers by the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation.
Sec. 18.
Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to
read:
Subdivision 1.
Amounts. The following fees must be paid to the
commissioner:
(1) for an initial residential mortgage originator
license, $850 $2,125, $50 of which is credited to the consumer
education account in the special revenue fund;
(2)
for a renewal license, $450 $1,125, $50 of which is credited to
the consumer education account in the special revenue fund;
(3) for an initial residential mortgage servicer's
license, $1,000;
(4) for a renewal license, $500; and
(5) for a certificate of exemption, $100.
Sec. 19. [58.115] EXAMINATIONS.
The commissioner has under this chapter the same
powers with respect to examinations that the commissioner has under section
46.04, including the authority to charge for the direct costs of the
examination, including travel and per diem expenses.
Sec. 20. [58.126] EDUCATION REQUIREMENT.
No individual shall engage in residential mortgage
origination or make residential mortgage loans, whether as an employee or
independent contractor, before the completion of 15 hours of educational
training which has been approved by the commissioner, and covering state and
federal laws concerning residential mortgage lending.
EFFECTIVE
DATE. This section is effective March 1, 2008.
Sec. 21. [59C.01] SHORT TITLE.
This chapter may be cited as the Vehicle Protection
Product Act.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 22. [59C.02] DEFINITIONS.
Subdivision 1. Terms. For purposes of this chapter, the terms defined in
subdivisions 2 to 11 have the meanings given them.
Subd. 2. Administrator. "Administrator" means a third
party other than the warrantor who is designated by the warrantor to be
responsible for the administration of vehicle protection product warranties.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of commerce.
Subd. 4. Department. "Department" means the
Department of Commerce.
Subd. 5. Incidental costs. "Incidental costs" means
expenses specified in the warranty incurred by the warranty holder related to
the failure of the vehicle protection product to perform as provided in the
warranty. Incidental costs may include,
without limitation, insurance policy deductibles, rental vehicle charges, the
difference between the actual value of the stolen vehicle at the time of theft
and the cost of a replacement vehicle, sales taxes, registration fees,
transaction fees, and mechanical inspection fees.
Subd. 6. Service contract. "Service contract" means a
contract or agreement as regulated under chapter 59B.
Subd. 7. Vehicle protection product. "Vehicle protection product"
means a vehicle protection device, system, or service that:
(1) is installed on or applied
to a vehicle;
(2) is designed to prevent loss or damage to a
vehicle from a specific cause; and
(3) includes a written warranty.
For purposes of this section, vehicle protection
product includes, without limitation, alarm systems; body part marking
products; steering locks; window etch products; pedal and ignition locks; fuel
and ignition kill switches; and electronic, radio, and satellite tracking
devices.
Subd. 8. Vehicle protection product warranty or
warranty. "Vehicle
protection product warranty" or "warranty" means, for the
purposes of this chapter, a written agreement by a warrantor that provides if
the vehicle protection product fails to prevent loss or damage to a vehicle
from a specific cause, that the warranty holder must be paid specified incidental
costs by the warrantor as a result of the failure of the vehicle protection
product to perform pursuant to the terms of the warranty.
Subd. 9. Vehicle protection product warrantor or
warrantor. "Vehicle
protection product warrantor" or "warrantor," for the purposes
of this chapter, means a person who is contractually obligated to the warranty
holder under the terms of the vehicle protection product warranty
agreement. Warrantor does not include
an authorized insurer providing a warranty reimbursement insurance policy.
Subd. 10. Warranty holder. "Warranty holder," for the
purposes of this chapter, means the person who purchases a vehicle protection
product or who is a permitted transferee.
Subd. 11. Warranty reimbursement insurance policy. "Warranty reimbursement insurance
policy" means a policy of insurance that is issued to the vehicle
protection product warrantor to provide reimbursement to, or to pay on behalf
of, the warrantor all covered contractual obligations incurred by the warrantor
under the terms and conditions of the insured vehicle protection product
warranties sold by the warrantor.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 23. [59C.03] SCOPE AND EXEMPTIONS.
(a) No vehicle protection product may be sold or offered
for sale in this state unless the seller, warrantor, and administrator, if any,
comply with the provisions of this chapter.
(b) Vehicle protection product warrantors and
related vehicle protection product sellers and warranty administrators complying
with this chapter are not required to comply with and are not subject to any
other provision of chapters 59B to 72A, except that section 72A.20, subdivision
38, shall apply to vehicle protection product warranties in the same manner it
applies to service contracts.
(c) Service contract providers who do not sell
vehicle protection products are not subject to the requirements of this chapter
and sales of vehicle protection products are exempt from the requirements of
chapter 59B.
(d) Warranties, indemnity agreements, and guarantees
that are not provided as a part of a vehicle protection product are not subject
to the provisions of this chapter.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 24. [59C.04]
REGISTRATION AND FILING REQUIREMENTS OF WARRANTORS.
Subdivision 1. General requirement. A person may not operate as a
warrantor or represent to the public that the person is a warrantor unless the
person is registered with the department on a form prescribed by the
commissioner.
Subd. 2. Registration records. A registrant shall file a warrantor
registration record annually and shall update it within 30 days of any
change. A registration record must
contain the following information:
(1) the warrantor's name, any fictitious names under
which the warrantor does business in the state, principal office address, and
telephone number;
(2) the name and address of the warrantor's agent
for service of process in the state if other than the warrantor;
(3) the names of the warrantor's executive officer
or officers directly responsible for the warrantor's vehicle protection product
business;
(4) the name, address, and telephone number of any
administrators designated by the warrantor to be responsible for the
administration of vehicle protection product warranties in this state;
(5) a copy of the warranty reimbursement insurance
policy or policies or other financial information required by section 59C.05;
(6) a copy of each warranty the warrantor proposes
to use in this state; and
(7) a statement indicating under which provision of
section 59C.05 the warrantor qualifies to do business in this state as a
warrantor.
Subd. 3. Registration fee. The commissioner may charge each
registrant a reasonable fee to offset the cost of processing the registration
and maintaining the records in an amount of $250 annually. The information in subdivision 2, clauses
(1) and (2), must be made available to the public.
Subd. 4. Renewal. The registrant will have 30 days to
complete the renewal of the registration before the commissioner suspends the
registration.
Subd. 5. Exception. An administrator or person who sells or solicits a sale of
a vehicle protection product but who is not a warrantor shall not be required
to register as a warrantor or be licensed under the insurance laws of this
state to sell vehicle protection products.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 25. [59C.05] FINANCIAL RESPONSIBILITY.
Subdivision 1. General requirements. No vehicle protection product may be
sold, or offered for sale in this state unless the warrantor meets either the
requirements of subdivision 2 or 3 in order to ensure adequate performance
under the warranty. No other financial
security requirements or financial standards for warrantors is required.
Subd. 2. Warranty reimbursement insurance policy. The vehicle protection product warrantor
shall be insured under a warranty reimbursement insurance policy issued by an
insurer authorized to do business in this state which provides that:
(1) the insurer will pay to, or
on behalf of the warrantor, 100 percent of all sums that the warrantor is
legally obligated to pay according to the warrantor's contractual obligations
under the warrantor's vehicle protection product warranty;
(2) a true and correct copy of the warranty
reimbursement insurance policy has been filed with the commissioner by the
warrantor; and
(3) the policy contains the provision required in
section 59C.06.
Subd. 3. Network or stockholder's equity. (1) The vehicle protection product
warrantor, or its parent company in accordance with clause (2), shall maintain
a net worth or stockholders' equity of $50,000,000; and
(2) the warrantor shall provide the commissioner
with a copy of the warrantor's or the warrantor's parent company's most recent
Form 10-K or Form 20-F filed with the Securities and Exchange Commission within
the last calendar year or, if the warrantor does not file with the Securities
and Exchange Commission, a copy of the warrantor or the warrantor's parent
company's audited financial statements that shows a net worth of the warrantor
or its parent company of at least $50,000,000.
If the warrantor's parent company's Form 10-K, Form 20-F, or audited
financial statements are filed to meet the warrantor's financial stability
requirement, then the parent company shall agree to guarantee the obligations
of the warrantor relating to warranties issued by the warrantor in this
state. The financial information
provided to the commissioner under this paragraph is trade secret information
for purposes of section 13.37.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 26. [59C.06] WARRANTY REIMBURSEMENT POLICY
REQUIREMENTS.
No warranty reimbursement insurance policy may be
issued, sold, or offered for sale in this state unless the policy meets the
following conditions:
(1) the policy states that the issuer of the policy
will reimburse, or pay on behalf of the vehicle protection product warrantor,
all covered sums that the warrantor is legally obligated to pay, or will
provide all service that the warrantor is legally obligated to perform
according to the warrantor's contractual obligations under the provisions of
the insured warranties sold by the warrantor;
(2) the policy states that in the event payment due
under the terms of the warranty is not provided by the warrantor within 60 days
after proof of loss has been filed according to the terms of the warranty by
the warranty holder, the warranty holder may file directly with the warranty reimbursement
insurance company for reimbursement;
(3) the policy provides that a warranty
reimbursement insurance company that insures a warranty is deemed to have
received payment of the premium if the warranty holder paid for the vehicle
protection product and the insurer's liability under the policy shall not be
reduced or relieved by a failure of the warrantor, for any reason, to report
the issuance of a warranty to the insurer; and
(4) the policy has the following provisions
regarding cancellation of the policy:
(i) the issuer of a reimbursement insurance policy
shall not cancel the policy until a notice of cancellation in writing has been
mailed or delivered to the commissioner and each insured warrantor;
(ii) the cancellation of a reimbursement insurance
policy shall not reduce the issuer's responsibility for vehicle protection
products sold prior to the date of cancellation; and
(iii) in the event an insurer
cancels a policy that a warrantor has filed with the commissioner, the
warrantor shall do either of the following:
(A) file a copy of a new policy with the
commissioner, before the termination of the prior policy, providing no lapse in
coverage following the termination of the prior policy; or
(B) discontinue offering warranties as of the termination
date of the policy until a new policy becomes effective and is accepted by the
commissioner.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 27. [59C.07] DISCLOSURE TO WARRANTY HOLDER.
A vehicle protection product warranty must not be
sold or offered for sale in this state unless the warranty:
(1) states, "The obligations of the warrantor
to the warranty holder are guaranteed under a warranty reimbursement insurance
policy" if the warrantor elects to meet its financial responsibility
obligations under section 59C.05, subdivision 2, or states "The
obligations of the warrantor under this warranty are backed by the full faith
and credit of the warrantor" if the warrantor elects to meet its financial
responsibility obligations under section 59C.05, subdivision 3;
(2) states that in the event a warranty holder must
make a claim against a party other than the warranty reimbursement insurance
policy issuer, the warranty holder is entitled to make a direct claim against
the insurer upon the failure of the warrantor to pay any claim or meet any
obligation under the terms of the warranty within 60 days after proof of loss
has been filed with the warrantor, if the warrantor elects to meet its
financial responsibility obligations under section 59C.05, subdivision 2;
(3) states the name and address of the issuer of the
warranty reimbursement insurance policy, and this information need not be
preprinted on the warranty form, but may be added to or stamped on the
warranty, if the warrantor elects to meet its financial responsibility
obligations under section 59C.05, subdivision 2;
(4) identifies the warrantor, the seller, and the
warranty holder;
(5) sets forth the total purchase price and the
terms under which it is to be paid, however, the purchase price is not required
to be preprinted on the vehicle protection product warranty and may be
negotiated with the consumer at the time of sale;
(6) sets forth the procedure for making a claim,
including a telephone number;
(7) specifies the payments or performance to be
provided under the warranty including payments for incidental costs expressed
as either a fixed amount specified in the warranty or sales agreement or by the
use of a formula itemizing specific incidental costs incurred by the warranty
holder, the manner of calculation or determination of payments or performance,
and any limitations, exceptions, or exclusions;
(8) sets forth all of the obligations and duties of
the warranty holder such as the duty to protect against any further damage to
the vehicle, the obligation to notify the warrantor in advance of any repair,
or other similar requirements, if any;
(9) sets forth any terms, restrictions, or
conditions governing transferability and cancellation of the warranty, if any;
and
(10) contains a disclosure that
reads substantially as follows: "This agreement is a product warranty and
is not insurance."
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 28. [59C.08] PROHIBITED ACTS.
(a) Unless licensed as an insurance company, a
vehicle protection product warrantor shall not use in its name, contracts, or
literature, any of the words "insurance," "casualty,"
"surety," "mutual," or any other words descriptive of the
insurance, casualty, or surety business or deceptively similar to the name or
description of any insurance or surety corporation, or any other vehicle
protection product warrantor. A
warrantor may use the term "guaranty" or similar word in the
warrantor's name.
(b) A vehicle protection product seller or warrantor
may not require as a condition of financing that a retail purchaser of a motor
vehicle purchase a vehicle protection product.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 29. [59C.09] RECORD KEEPING.
(a) All vehicle protection product warrantors shall
keep accurate accounts, books, and records concerning transactions regulated
under this chapter.
(b) A vehicle protection product warrantor's
accounts, books, and records must include:
(1) copies of all vehicle protection product
warranties;
(2) the name and address of each warranty holder;
and
(3) the dates, amounts, and descriptions of all
receipts, claims, and expenditures.
(c) A vehicle protection product warrantor shall
retain all required accounts, books, and records pertaining to each warranty
holder for at least two years after the specified period of coverage has
expired. A warrantor discontinuing
business in this state shall maintain its records until it furnishes the commissioner
satisfactory proof that it has discharged all obligations to warranty holders
in this state.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 30. [59C.10] COMMISSIONER'S POWERS AND
DUTIES.
Subdivision 1. Examination and compliance powers. The commissioner may conduct examinations
of warrantors, administrators, or other persons to enforce this chapter and
protect warranty holders in this state.
Upon request of the commissioner, a warrantor shall make available to
the commissioner all accounts, books, and records concerning vehicle protection
products sold by the warrantor and transactions regulated under this chapter
that are necessary to enable the commissioner to reasonably determine
compliance or noncompliance with this chapter.
Subd. 2. Enforcement authority. The commissioner may take action that is
necessary or appropriate to enforce the provisions of this chapter and the
commissioner's rules and orders and to protect warranty holders in this
state. The commissioner has the
enforcement authority in chapter 45 available to enforce the provisions of the
chapter and the rules adopted pursuant to it.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec.
31. [59C.12] APPLICABILITY.
This chapter applies to all vehicle protection
products sold or offered for sale on or after the effective date of this
chapter. The failure of any person to
comply with this chapter before its effective date is not admissible in any
court proceeding, administrative proceeding, arbitration, or alternative
dispute resolution proceeding and may not otherwise be used to prove that the
action of any person or the affected vehicle protection product was unlawful or
otherwise improper. The adoption of
this chapter does not imply that a vehicle protection product warranty was insurance
before the effective date of this chapter.
Nothing in this section may be construed to require the application of
the penalty provisions where this section is not applicable.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 32. [60K.365]
PRODUCER TRAINING REQUIREMENTS FOR LONG-TERM CARE INSURANCE PRODUCTS.
(a) An individual may not sell, solicit, or
negotiate long-term care insurance unless the individual is licensed as an
insurance producer for accident and health or sickness insurance or life
insurance and has completed an initial training course and ongoing training
every 24 months thereafter. The
training must meet the requirements of paragraph (b).
(b) The initial training course required by this
section must be no less than eight hours, and the ongoing training courses
required by this section must be no less than four hours every 24 months. The courses must be approved by the
commissioner and may be approved as continuing education courses under section
60K.56. The courses must consist of
topics related to long-term care insurance, long-term care services, and
qualified state long-term care insurance partnership programs, including, but
not limited to:
(1) state and federal regulations and requirements
and the relationship between qualified state long-term care insurance
partnership programs and other public and private coverage of long-term care
services, including Medicaid/Minnesota medical assistance;
(2) available long-term care services and providers;
(3) changes or improvements in long-term care
services or providers;
(4) alternatives to the purchase of private
long-term care insurance;
(5) the effect of inflation on benefits and the
importance of inflation protection; and
(6) consumer suitability standards and guidelines.
The training required by this section must not
include training that is insurer or company product specific or that includes
any sales or marketing information, materials, or training, other than those
required by state or federal law.
(c) Insurers shall obtain verification that a
producer has received the training required by this section before a producer
is permitted to sell, solicit, or negotiate the insurer's long-term care
insurance products. Insurers shall
maintain records verifying that the producer has received the training
contained in this section and make that verification available to the
commissioner upon request.
(d) The satisfaction of these initial training
requirements in any state shall be deemed to satisfy the initial training
requirements of this section.
(e)
Nonresident producers selling partnership policies shall be expected to
demonstrate knowledge about unique aspects of the Minnesota medical assistance
system. An insurer offering partnership
products in Minnesota shall maintain records verifying that its nonresident
producers have attained the required training and make that verification
available to the commissioner upon request.
EFFECTIVE
DATE; APPLICATION. This section is effective
the day following final enactment; producers have until January 1, 2008, to
complete the initial training course.
Sec. 33.
Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to
read:
Subd. 2. Licensing fees. (a) In addition to fees provided for
examinations and the technology surcharge required under paragraph (d),
each insurance producer licensed under this chapter shall pay to the
commissioner a fee of:
(1) $50 for an initial life, accident and health,
property, or casualty license issued to an individual insurance producer, and a
fee of $50 for each renewal;
(2) $50 for an initial variable life and variable
annuity license issued to an individual insurance producer, and a fee of $50
for each renewal;
(3) $50 for an initial personal lines license issued
to an individual insurance producer, and a fee of $50 for each renewal;
(4) $50 for an initial limited lines license issued
to an individual insurance producer, and a fee of $50 for each renewal;
(5) $200 for an initial license issued to a business
entity, and a fee of $200 for each renewal; and
(6) $500 for an initial surplus lines license, and a
fee of $500 for each renewal.
(b) Initial licenses issued under this chapter are
valid for a period not to exceed 24 months and expire on October 31 of the
renewal year assigned by the commissioner.
Each renewal insurance producer license is valid for a period of 24
months. Licensees who submit renewal
applications postmarked or delivered on or before October 15 of the renewal
year may continue to transact business whether or not the renewal license has
been received by November 1. Licensees
who submit applications postmarked or delivered after October 15 of the renewal
year must not transact business after the expiration date of the license until
the renewal license has been received.
(c) All fees are nonreturnable, except that an
overpayment of any fee may be refunded upon proper application.
(d) In addition to the fees required under paragraph
(a), individual insurance producers shall pay, for each initial license and
renewal, a technology surcharge of up to $40 under section 45.24, unless the
commissioner has adjusted the surcharge as permitted under that section.
EFFECTIVE
DATE. This section is effective August 31,
2007.
Sec. 34.
Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to
read:
Subdivision 1.
Registration or notice filing
fee. (a) There shall be a filing
fee of $100 for every application for registration or notice filing. There shall be an additional fee of
one-tenth of one percent of the maximum aggregate offering price at which the
securities are to be offered in this state, and the maximum combined fees shall
not exceed $300.
(b)
When an application for registration is withdrawn before the effective date or
a preeffective stop order is entered under section 80A.13, subdivision 1, all
but the $100 filing fee shall be returned.
If an application to register securities is denied, the total of all
fees received shall be retained.
(c) Where a filing is made in connection with a
federal covered security under section 18(b)(2) of the Securities Act of 1933,
there is a fee of $100 for every initial filing. If the filing is made in connection with redeemable securities
issued by an open end management company or unit investment trust, as defined
in the Investment Company Act of 1940, there is an additional annual fee of
1/20 of one percent of the maximum aggregate offering price at which the
securities are to be offered in this state during the notice filing period. The fee must be paid at the time of the
initial filing and thereafter in connection with each renewal no later than
July 1 of each year and must be sufficient to cover the shares the issuer
expects to sell in this state over the next 12 months. If during a current notice filing the issuer
determines it is likely to sell shares in excess of the shares for which fees
have been paid to the commissioner, the issuer shall submit an amended notice
filing to the commissioner under section 80A.122, subdivision 1, clause (3), together
with a fee of 1/20 of one percent of the maximum aggregate offering price of
the additional shares. Shares for which
a fee has been paid, but which have not been sold at the time of expiration of
the notice filing, may not be sold unless an additional fee to cover the shares
has been paid to the commissioner as provided in this section and section
80A.122, subdivision 4a. If the filing
is made in connection with redeemable securities issued by such a company or
trust, there is no maximum fee for securities filings made according to this
paragraph. If the filing is made in
connection with any other federal covered security under Section 18(b)(2) of
the Securities Act of 1933, there is an additional fee of one-tenth of one
percent of the maximum aggregate offering price at which the securities are to
be offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal year 2001 and
continuing each fiscal year thereafter, as of the last day of each fiscal year,
the commissioner shall determine the total amount of all fees that were
collected under this paragraph in connection with any filings made for that
fiscal year for securities of an open-end investment company on behalf of a
security that is a federal covered security pursuant to section 18(b)(2) of the
Securities Act of 1933. To the extent
the total fees collected by the commissioner in connection with these filings
exceed $25,000,000 $25,600,000 in a fiscal year, the commissioner
shall refund, on a pro rata basis, to all persons who paid any fees for that
fiscal year, the amount of fees collected by the commissioner in excess of $25,000,000
$25,600,000. No individual refund
is required of amounts of $100 or less for a fiscal year.
Sec. 35.
Minnesota Statutes 2006, section 80A.65, subdivision 1, is amended to
read:
Subdivision 1.
Registration or notice filing
fee. (a) There shall be a filing
fee of $100 for every application for registration or notice filing. There shall be an additional fee of
one-tenth of one percent of the maximum aggregate offering price at which the
securities are to be offered in this state, and the maximum combined fees shall
not exceed $300.
(b) When an application for registration is
withdrawn before the effective date or a preeffective stop order is entered
under section 80A.54, all but the $100 filing fee shall be returned. If an application to register securities is
denied, the total of all fees received shall be retained.
(c) Where a filing is made in connection with a
federal covered security under section 18(b)(2) of the Securities Act of 1933,
there is a fee of $100 for every initial filing. If the filing is made in connection with redeemable securities
issued by an open end management company or unit investment trust, as defined
in the Investment Company Act of 1940, there is an additional annual fee of
1/20 of one percent of the maximum aggregate offering price at which the
securities are to be offered in this state during the notice filing period. The fee must be paid at the time of the
initial filing and thereafter in connection with each renewal no later than
July 1 of each year and must be sufficient to cover the shares the issuer
expects to sell in this state over the next 12 months. If during a current notice filing the issuer
determines it is likely to sell shares in excess of the shares for which fees
have been paid to the administrator, the issuer shall submit an amended notice
filing to the administrator under section 80A.50, together with a fee of 1/20
of one percent of the maximum aggregate offering price of the additional
shares. Shares for
which a fee has been paid, but which have not been sold at the time of
expiration of the notice filing, may not be sold unless an additional fee to
cover the shares has been paid to the administrator as provided in this section
and section 80A.50. If the filing is
made in connection with redeemable securities issued by such a company or
trust, there is no maximum fee for securities filings made according to this
paragraph. If the filing is made in
connection with any other federal covered security under Section 18(b)(2) of
the Securities Act of 1933, there is an additional fee of one-tenth of one
percent of the maximum aggregate offering price at which the securities are to
be offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal year 2001 and
continuing each fiscal year thereafter, as of the last day of each fiscal year,
the administrator shall determine the total amount of all fees that were collected
under this paragraph in connection with any filings made for that fiscal year
for securities of an open-end investment company on behalf of a security that
is a federal covered security pursuant to section 18(b)(2) of the Securities
Act of 1933. To the extent the total
fees collected by the administrator in connection with these filings exceed $25,000,000
$25,600,000 in a fiscal year, the administrator shall refund, on a pro
rata basis, to all persons who paid any fees for that fiscal year, the amount
of fees collected by the administrator in excess of $25,000,000
$25,600,000. No individual refund
is required of amounts of $100 or less for a fiscal year.
Sec. 36.
Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to
read:
Subdivision 1.
Amounts. The following fees shall be paid to the
commissioner:
(a) a fee of $150 for each initial individual
broker's license, and a fee of $100 for each renewal thereof;
(b) a fee of $70 for each initial salesperson's
license, and a fee of $40 for each renewal thereof;
(c) a fee of $85 for each initial real estate
closing agent license, and a fee of $60 for each renewal thereof;
(d) a fee of $150 for each initial corporate,
limited liability company, or partnership license, and a fee of $100 for each
renewal thereof;
(e) a fee for payment to the education, research and
recovery fund in accordance with section 82.43;
(f) a fee of $20 for each transfer;
(g) a fee of $50 for license reinstatement; and
(h) a fee of $20 for reactivating a corporate,
limited liability company, or partnership license without land; and
(i) in addition to the fees required under this
subdivision, individual licensees under clauses (a) and (b) shall pay, for each
initial license and renewal, a technology surcharge of up to $40 under section
45.24, unless the commissioner has adjusted the surcharge as permitted under
that section.
EFFECTIVE
DATE; APPLICATION. This section is effective
the day following final enactment and applies to new licensees effective
September 1, 2007.
Sec. 37.
Minnesota Statutes 2006, section 82.24, subdivision 4, is amended to
read:
Subd. 4. Deposit of fees. Unless otherwise provided by this chapter,
all fees collected under this chapter shall be deposited in the state
treasury. The technology surcharge
shall be deposited as required under section 45.24.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 38. Minnesota Statutes 2006, section 82B.09,
subdivision 1, is amended to read:
Subdivision 1.
Amounts. (a) The following fees must be paid
to the commissioner:
(1) $150 for each initial individual real estate
appraiser's license; and
(2) $100 for each renewal.
(b) In addition to the fees required under this
subdivision, individual real estate appraisers shall pay a technology surcharge
of up to $40 under section 45.24, unless the commissioner has adjusted the
surcharge as permitted under that section.
EFFECTIVE
DATE. This section is effective June 30, 2007.
Sec. 39.
Minnesota Statutes 2006, section 118A.03, subdivision 2, is amended to
read:
Subd. 2. In lieu of surety bond. The following are the allowable forms of
collateral in lieu of a corporate surety bond:
(1) United States government Treasury bills,
Treasury notes, Treasury bonds;
(2) issues of United States government agencies and
instrumentalities as quoted by a recognized industry quotation service
available to the government entity;
(3) general obligation securities of any state or
local government with taxing powers which is rated "A" or better by a
national bond rating service, or revenue obligation securities of any state or
local government with taxing powers which is rated "AA" or better by
a national bond rating service;
(4) unrated general obligation securities of
a local government with taxing powers may be pledged as collateral against
funds deposited by that same local government entity;
(5) irrevocable standby letters of credit issued by
Federal Home Loan Banks to a municipality accompanied by written evidence that
the bank's public debt is rated "AA" or better by Moody's Investors
Service, Inc., or Standard & Poor's Corporation; and
(6) time deposits that are fully insured by any
federal agency.
Sec. 40.
Minnesota Statutes 2006, section 239.101, subdivision 3, is amended to
read:
Subd. 3. Petroleum inspection fee. (a) An inspection fee is imposed (1) on
petroleum products when received by the first licensed distributor, and (2) on
petroleum products received and held for sale or use by any person when the
petroleum products have not previously been received by a licensed
distributor. The petroleum inspection
fee is $1 for every 1,000 gallons received.
The commissioner of revenue shall collect the fee. The revenue from 81 cents of the fee is
appropriated to the commissioner of commerce for the cost of operations of the
Division of Weights and Measures, petroleum supply monitoring, and the oil
burner retrofit program to make grants to providers of low-income
weatherization services to install renewable energy equipment in households
that are eligible for weatherization assistance under Minnesota's
weatherization assistance program state plan. The remainder of the fee must be deposited in the general fund.
(b) The commissioner of revenue
shall credit a person for inspection fees previously paid in error or for any
material exported or sold for export from the state upon filing of a report as
prescribed by the commissioner of revenue.
(c) The commissioner of revenue may collect the
inspection fee along with any taxes due under chapter 296A.
Sec. 41. [325E.027] DISCRIMINATION PROHIBITION.
(a) No dealer or distributor of liquid propane gas
or number 1 or number 2 fuel oil who has signed a low-income home energy
assistance program vendor agreement with the department of commerce may refuse
to deliver liquid propane gas or number 1 or number 2 fuel oil to any person
located within the dealer's or distributor's normal delivery area who receives
direct grants under the low-income home energy assistance program if:
(1) the person has requested delivery;
(2) the dealer or distributor has product available;
(3) the person requesting delivery is capable of
making full payment at the time of delivery; and
(4) the person is not in arrears regarding any
previous fuel purchase from that dealer or distributor.
(b) A dealer or distributor making delivery to a
person receiving direct grants under the low-income home energy assistance
program may not charge that person any additional costs or fees that would not
be charged to any other customer and must make available to that person any
discount program on the same basis as the dealer or distributor makes available
to any other customer.
Sec. 42.
Minnesota Statutes 2006, section 325E.311, subdivision 6, is amended to
read:
Subd. 6. Telephone solicitation. "Telephone solicitation" means any
voice communication over a telephone line for the purpose of encouraging the
purchase or rental of, or investment in, property, goods, or services, whether
the communication is made by a live operator, through the use of an automatic
dialing-announcing device as defined in section 325E.26, subdivision 2, or by
other means. Telephone solicitation
does not include communications:
(1) to any residential subscriber with that
subscriber's prior express invitation or permission; or
(2) by or on behalf of any person or entity with
whom a residential subscriber has a prior or current business or personal
relationship.
Telephone solicitation also
does not include communications if the caller is identified by a caller
identification service and the call is:
(i) by or on behalf of an organization that is
identified as a nonprofit organization under state or federal law, unless
the organization is a debt management services provider defined in section 332A.02;
(ii) by a person soliciting without the intent to
complete, and who does not in fact complete, the sales presentation during the
call, but who will complete the sales presentation at a later face-to-face
meeting between the solicitor who makes the call and the prospective purchaser;
or
(iii) by a political party as defined under section
200.02, subdivision 6.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 43. Minnesota Statutes 2006, section 325N.01, is
amended to read:
325N.01
DEFINITIONS.
The definitions in paragraphs (a) to (h) apply to
sections 325N.01 to 325N.09.
(a) "Foreclosure consultant" means any
person who, directly or indirectly, makes any solicitation, representation, or
offer to any owner to perform for compensation or who, for compensation,
performs any service which the person in any manner represents will in any
manner do any of the following:
(1) stop or postpone the foreclosure sale;
(2) obtain any forbearance from any beneficiary or
mortgagee;
(3) assist the owner to exercise the right of
reinstatement provided in section 580.30;
(4) obtain any extension of the period within which
the owner may reinstate the owner's obligation;
(5) obtain any waiver of an acceleration clause
contained in any promissory note or contract secured by a mortgage on a
residence in foreclosure or contained in the mortgage;
(6) assist the owner in foreclosure or loan default
to obtain a loan or advance of funds;
(7) avoid or ameliorate the impairment of the
owner's credit resulting from the recording of a notice of default or the
conduct of a foreclosure sale; or
(8) save the owner's residence from foreclosure.
(b) A foreclosure consultant does not include any of
the following:
(1) a person licensed to practice law in this state
when the person renders service in the course of his or her practice as an
attorney-at-law;
(2) a person licensed as a debt prorater under
sections 332.12 to 332.29 management services provider under chapter
332A, when the person is acting as a debt prorater management
services provider as defined in these sections that chapter;
(3) a person licensed as a real estate broker or
salesperson under chapter 82 when the person engages in acts whose performance
requires licensure under that chapter unless the person is engaged in offering
services designed to, or purportedly designed to, enable the owner to retain
possession of the residence in foreclosure;
(4) a person licensed as an accountant under chapter
326A when the person is acting in any capacity for which the person is licensed
under those provisions;
(5) a person or the person's authorized agent acting
under the express authority or written approval of the Department of Housing
and Urban Development or other department or agency of the United States or
this state to provide services;
(6) a person who holds or is owed an obligation
secured by a lien on any residence in foreclosure when the person performs
services in connection with this obligation or lien if the obligation or lien
did not arise as the result of or as part of a proposed foreclosure
reconveyance;
(7) any person or entity doing
business under any law of this state, or of the United States relating to
banks, trust companies, savings and loan associations, industrial loan and thrift
companies, regulated lenders, credit unions, insurance companies, or a
mortgagee which is a United States Department of Housing and Urban Development
approved mortgagee and any subsidiary or affiliate of these persons or
entities, and any agent or employee of these persons or entities while engaged
in the business of these persons or entities;
(8) a person licensed as a residential mortgage
originator or servicer pursuant to chapter 58, when acting under the authority
of that license or a foreclosure purchaser as defined in section 325N.10;
(9) a nonprofit agency or organization that offers
counseling or advice to an owner of a home in foreclosure or loan default if
they do not contract for services with for-profit lenders or foreclosure
purchasers; and
(10) a judgment creditor of the owner, to the extent
that the judgment creditor's claim accrued prior to the personal service of the
foreclosure notice required by section 580.03, but excluding a person who
purchased the claim after such personal service.
(c) "Foreclosure reconveyance" means a
transaction involving:
(1) the transfer of title to real property by a
foreclosed homeowner during a foreclosure proceeding, either by transfer of
interest from the foreclosed homeowner or by creation of a mortgage or other
lien or encumbrance during the foreclosure process that allows the acquirer to
obtain title to the property by redeeming the property as a junior lienholder;
and
(2) the subsequent conveyance, or promise of a
subsequent conveyance, of an interest back to the foreclosed homeowner by the
acquirer or a person acting in participation with the acquirer that allows the
foreclosed homeowner to possess the real property following the completion of
the foreclosure proceeding, which interest includes, but is not limited to, an
interest in a contract for deed, purchase agreement, option to purchase, or
lease.
(d) "Person" means any individual,
partnership, corporation, limited liability company, association, or other
group, however organized.
(e) "Service" means and includes, but is
not limited to, any of the following:
(1) debt, budget, or financial counseling of any
type;
(2) receiving money for the purpose of distributing
it to creditors in payment or partial payment of any obligation secured by a lien
on a residence in foreclosure;
(3) contacting creditors on behalf of an owner of a
residence in foreclosure;
(4) arranging or attempting to arrange for an
extension of the period within which the owner of a residence in foreclosure
may cure the owner's default and reinstate his or her obligation pursuant to
section 580.30;
(5) arranging or attempting to arrange for any delay
or postponement of the time of sale of the residence in foreclosure;
(6) advising the filing of any document or assisting
in any manner in the preparation of any document for filing with any bankruptcy
court; or
(7) giving any advice, explanation, or instruction
to an owner of a residence in foreclosure, which in any manner relates to the
cure of a default in or the reinstatement of an obligation secured by a lien on
the residence in foreclosure, the full satisfaction of that obligation, or the
postponement or avoidance of a sale of a residence in foreclosure, pursuant to
a power of sale contained in any mortgage.
(f) "Residence in
foreclosure" means residential real property consisting of one to four
family dwelling units, one of which the owner occupies as his or her principal
place of residence, and against which there is an outstanding notice of
pendency of foreclosure, recorded pursuant to section 580.032, or against which
a summons and complaint has been served under chapter 581.
(g) "Owner" means the record owner of the
residential real property in foreclosure at the time the notice of pendency was
recorded, or the summons and complaint served.
(h) "Contract" means any agreement, or any
term in any agreement, between a foreclosure consultant and an owner for the
rendition of any service as defined in paragraph (e).
EFFECTIVE
DATE. This section is effective January 1, 2008.
Sec. 44.
Minnesota Statutes 2006, section 332.54, subdivision 7, is amended to
read:
Subd. 7. Fees.
The fee for a credit services organization's registration is $100
$1,000 for issuance or renewal for each location of business.
EFFECTIVE
DATE; APPLICATION. This section is effective
July 1, 2007, and applies to registrations issued or renewed on or after that
date.
Sec. 45. [332A.02] DEFINITIONS.
Subdivision 1. Scope. Unless a different meaning is clearly indicated by the
context, for the purposes of this chapter the terms defined in this section
have the meanings given them.
Subd. 2. Accreditation. "Accreditation" means
certification as an accredited credit counseling provider by the Council on
Accreditation.
Subd. 3. Attorney general. "Attorney general" means the
attorney general of the state of Minnesota.
Subd. 4. Commissioner. "Commissioner" means
commissioner of commerce.
Subd. 5. Controlling or affiliated party. "Controlling or affiliated
party" means any person directly or indirectly controlling, controlled by,
or under common control with another person.
Subd. 6. Debt management services agreement. "Debt management services
agreement" means the written contract between the debt management services
provider and the debtor.
Subd. 7. Debt management services plan. "Debt management services plan"
means the debtor's individualized package of debt management services set forth
in the debt management services agreement.
Subd. 8. Debt management services provider. "Debt management services
provider" means any person offering or providing debt management services
to a debtor domiciled in this state, regardless of whether or not a fee is
charged for the services and regardless of whether the person maintains a
physical presence in the state. This
term does not include services performed by the following when engaged in the
regular course of their respective businesses and professions:
(1) attorneys at law, escrow agents, accountants,
broker-dealers in securities;
(2)
state or national banks, trust companies, savings associations, title insurance
companies, insurance companies, and all other lending institutions duly
authorized to transact business in Minnesota, provided no fee is charged for
the service;
(3) persons who, as employees on a regular salary or
wage of an employer not engaged in the business of debt management, perform
credit services for their employer;
(4) public officers acting in their official
capacities and persons acting as a debt management services provider pursuant
to court order;
(5) any person while performing services incidental
to the dissolution, winding up, or liquidation of a partnership, corporation,
or other business enterprise;
(6) the state, its political subdivisions, public
agencies, and their employees;
(7) credit unions and collection agencies, provided
no fee is charged for the service;
(8) "qualified organizations" designated
as representative payees for purposes of the Social Security and Supplemental
Security Income Representative Payee System and the federal Omnibus Budget
Reconciliation Act of 1990, Public Law 101-508;
(9) accelerated mortgage payment providers.
"Accelerated mortgage payment providers" are persons who, after
satisfying the requirements of sections 332.30 to 332.303, receive funds to
make mortgage payments to a lender or lenders, on behalf of mortgagors, in
order to exceed regularly scheduled minimum payment obligations under the terms
of the indebtedness. The term does not
include: (i) persons or entities
described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial
loan and thrift companies, or regulated lenders under chapter 56; or (iii)
persons authorized to make loans under section 47.20, subdivision 1. For purposes of this clause and sections
332.30 to 332.303, "lender" means the original lender or that
lender's assignee, whichever is the current mortgage holder;
(10) trustees, guardians, and conservators; and
(11) debt settlement providers.
Subd. 9. Debt management services. "Debt management services"
means the provision of any one or more of the following services in connection
with debt incurred primarily for personal, family, or household services:
(1) managing the financial affairs of an individual
by distributing income or money to the individual's creditors;
(2) receiving funds for the purpose of distributing
the funds among creditors in payment or partial payment of obligations of a
debtor; or
(3) adjusting, prorating, pooling, or liquidating
the indebtedness of a debtor. Any person
so engaged or holding out as so engaged is deemed to be engaged in the
provision of debt management services regardless of whether or not a fee is
charged for such services.
Subd. 10. Debtor. "Debtor" means the person for
whom the debt prorating service is performed.
Subd. 11. Person. "Person" means any individual,
firm, partnership, association, or corporation.
Subd.
12.
Subd. 13. Debt settlement provider. "Debt settlement provider"
means any person engaging in or holding out as engaging in the business of
negotiating, adjusting, or settling debt incurred primarily for personal,
family, or household purposes without holding or receiving the debtor's funds
or personal property and without paying the debtor's funds to, or distributing
the debtor's property among, creditors.
The term shall not include persons listed in subdivision 8, clauses (1)
to (10).
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 46. [332A.03] REQUIREMENT OF REGISTRATION.
On or after August 1, 2007, it is unlawful for any
person, whether or not located in this state, to operate as a debt management
services provider or provide debt management services, including but not
limited to offering, advertising, or executing or causing to be executed any
debt management services or debt management services agreement, except as
authorized by law without first becoming registered as provided in this
chapter. A person who possesses a valid
license as a debt prorater that was issued by the commissioner before August 1,
2007, is deemed to be registered as a debt management services provider until
the date the debt prorater license expires, at which time the licensee must
obtain a renewal as a debt management services provider in compliance with this
chapter. Debt proraters who were not
required to be licensed as debt proraters before August 1, 2007, may continue
to provide debt management services without complying with this chapter to
those debtors who entered into a contract to participate in a debt management
plan before August 1, 2007, except that the debt prorater must comply with
section 332A.13, subdivision 2.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 47. [332A.04] REGISTRATION.
Subdivision 1. Form. Application for registration to operate as a debt management
services provider in this state must be made in writing to the commissioner,
under oath, in the form prescribed by the commissioner, and must contain:
(1) the full name of each principal of the entity
applying;
(2) the address, which must not be a post office
box, and the telephone number and, if applicable, e-mail address, of the
applicant;
(3) identification of the trust account required
under section 332A.13;
(4) consent to the jurisdiction of the courts of
this state;
(5) the name and address of the registered agent
authorized to accept service of process on behalf of the applicant or
appointment of the commissioner as the applicant's agent for purposes of
accepting service of process;
(6) disclosure of:
(i) whether any controlling or affiliated party has
ever been convicted of a crime or found civilly liable for an offense involving
moral turpitude, including forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud, or any other similar
offense or violation, or any violation of a federal or state law or regulation
in connection with activities relating to the rendition of debt management
services or involving any consumer fraud, false advertising, deceptive trade
practices, or similar consumer protection law;
(ii)
any judgments, private or public litigation, tax liens, written complaints,
administrative actions, or investigations by any government agency against the
applicant or any officer, director, manager, or shareholder owning more than
five percent interest in the applicant, unresolved or otherwise, filed or
otherwise commenced within the preceding ten years;
(iii) whether the applicant or any person employed
by the applicant has had a record of having defaulted in the payment of money
collected for others, including the discharge of debts through bankruptcy
proceedings; and
(iv) whether the applicant's license or registration
to provide debt management services in any other state has ever been revoked or
suspended;
(7) a copy of the applicant's standard debt
management services agreement that the applicant intends to execute with
debtors;
(8) proof of accreditation; and
(9) any other information and material as the
commissioner may require.
Subd. 2. Term and scope of registration. The registration must remain in full
force and effect for one year or until it is surrendered by the registrant or
revoked or suspended by the commissioner.
The registration is limited solely to the business of providing debt
management services.
Subd. 3. Fees. The registration application must be accompanied by payment of
$1,000 as a registration fee.
Subd. 4. Bond. The registration application must be accompanied by payment of
the premium for a surety bond in which the applicant shall be the obligor, in a
sum to be determined by the commissioner but not less than $5,000, and in which
an insurance company, which is duly authorized by the state of Minnesota to
transact the business of fidelity and surety insurance, shall be a surety. However, the commissioner may accept a
deposit in cash, or securities that may legally be purchased by savings banks
or for trust funds of an aggregate market value equal to the bond requirement,
in lieu of the surety bond. The cash or
securities must be deposited with the commissioner of finance. The commissioner may also require a fidelity
bond in an appropriate amount covering employees of any applicant. Each branch office or additional place of
business in this state of an applicant must be bonded as provided in this
subdivision. In determining the bond
amount necessary for the maintenance of any office, whether it is a surety
bond, fidelity bond, or both, the commissioner shall consider the financial
responsibility, experience, character, and general fitness of the debt
management services provider and its operators and owners; the volume of
business handled or proposed to be handled; the location of the office and the
geographical area served or proposed to be served; and other information the commissioner
may deem pertinent based upon past performance, previous examinations, annual
reports, and manner of business conducted in other states.
Subd. 5. Condition of bond. The bond must run to the state of
Minnesota for the use of the state and of any person or persons who may have a
cause of action against the obligor arising out of the obligor's activities as
a debt management services provider to a debtor domiciled in this state. The bond must be conditioned that the
obligor will not commit any fraudulent act and will faithfully conform to and
abide by the provisions of this chapter and of all rules lawfully made by the
commissioner under this chapter and pay to the state and to any such person or
persons any and all money that may become due or owing to the state or to such
person or persons from the obligor under and by virtue of this chapter.
Subd. 6. Right of action on bond. If the registrant has failed to account
to a debtor or distribute to the debtor's creditors the amounts required by this
chapter and the debt management services agreement between the debtor and
registrant, the debtor or the debtor's legal representative or receiver, the
commissioner, or the attorney general, shall have, in addition to all other
legal remedies, a right of action in the name of the debtor on the bond or the
security given under this section, for loss suffered by the debtor, not
exceeding the face amount of the bond or security, and without the necessity of
joining the registrant in the suit or action.
Subd.
7.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 48. [332A.05] NONASSIGNMENT OF REGISTRATION.
A registration must not be transferred or assigned
without the consent of the commissioner.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 49. [332A.06] RENEWAL OF REGISTRATION.
Each year, each registrant under the provisions of
this chapter must, not more than 60 nor less than 30 days before its
registration is to expire, apply to the commissioner for renewal of its
registration on a form prescribed by the commissioner. The application must be signed by the
registrant under penalty of perjury, contain current information on all matters
required in the original application, and be accompanied by a payment of
$250. The registrant must maintain a
continuous surety bond that satisfies the requirements of section 332A.04,
subdivision 4, provided that the commissioner may require a different amount
that is at least equal to the largest amount that has accrued in the
registrant's trust account during the previous year. The renewal is effective for one year.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 50. [332A.07] OTHER DUTIES OF REGISTRANT.
Subdivision 1. Requirement to update information. A registrant must update any information
required by this chapter provided in its original or renewal application not
later than 90 days after the date the events precipitating the update occurred.
Subd. 2. Inspection of debtor of registration. Each registrant must maintain a copy of
its registration in its files. The
registrant must allow a debtor, upon request, to inspect the registration.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 51. [332A.08] DENIAL OF REGISTRATION.
The commissioner, with notice to the applicant by
certified mail sent to the address listed on the application, may deny an
application for a registration upon finding that the applicant:
(1) has submitted an application required under
section 332A.04 that contains incorrect, misleading, incomplete, or materially
untrue information. An application is
incomplete if it does not include all the information required in section
332A.04;
(2) has failed to pay any fee or pay or maintain any
bond required by this chapter, or failed to comply with any order, decision, or
finding of the commissioner made under and within the authority of this
chapter;
(3) has violated any provision of this chapter or
any rule or direction lawfully made by the commissioner under and within the
authority of this chapter;
(4) or any controlling or
affiliated party has ever been convicted of a crime or found civilly liable for
an offense involving moral turpitude, including forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to defraud,
or any other similar offense or violation, or any violation of a federal or
state law or regulation in connection with activities relating to the rendition
of debt management services or any consumer fraud, false advertising, deceptive
trade practices, or similar consumer protection law;
(5) has had a registration or license previously
revoked or suspended in this state or any other state or the applicant or
licensee has been permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in or continuing any conduct or practice involving
any aspect of the debt management services provider business; or any
controlling or affiliated party has been an officer, director, manager, or
shareholder owning more than a ten percent interest in a debt management
services provider whose registration has previously been revoked or suspended
in this state or any other state, or who has been permanently or temporarily
enjoined by any court of competent jurisdiction from engaging in or continuing
any conduct or practice involving any aspect of the debt management services
provider business;
(6) has made any false statement or representation
to the commissioner;
(7) is insolvent;
(8) refuses to fully comply with an investigation or
examination of the debt management services provider by the commissioner;
(9) has improperly withheld, misappropriated, or
converted any money or properties received in the course of doing business;
(10) has failed to have a trust account with an
actual cash balance equal to or greater than the sum of the escrow balances of
each debtor's account;
(11) has defaulted in making payments to creditors
on behalf of debtors as required by agreements between the provider and debtor;
or
(12) has used fraudulent, coercive, or dishonest
practices, or demonstrated incompetence, untrustworthiness, or financial
irresponsibility in this state or elsewhere.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 52. [332A.09] SUSPENDING, REVOKING, OR
REFUSING TO RENEW REGISTRATION.
Subdivision 1. Procedure. The commissioner may revoke, suspend, or
refuse to renew any registration issued under this chapter, or may levy a civil
penalty under section 45.027, or any combination of actions, if the debt
management services provider or any controlling or affiliated person has
committed any act or omission for which the commissioner could have refused to
issue an initial registration or renew an existing registration. Revocation of or refusal to renew a
registration must be upon notice and hearing as prescribed in the
Administrative Procedure Act, sections 14.57 to 14.69. The notice must set a time for hearing
before the commissioner not less than 20 nor more than 30 days after service of
the notice, provided the registrant may waive the 20-day minimum. The commissioner may, in the notice, suspend
the registration for a period not to exceed 60 days. Unless the notice states that the registration is suspended,
pending the determination of the main issue, the registrant may continue to
transact business until the final decision of the commissioner. If the registration is suspended, the
commissioner shall hold a hearing and render a final determination within ten
days of a request by the registrant. If
the commissioner fails to do so, the suspension shall terminate and be of no
force or effect.
Subd. 2.
Subd. 3. Receiver for funds of sanctioned
registrant. When an order is
issued revoking or refusing to renew a registration, the commissioner may apply
for, and the district court must appoint, a receiver to temporarily or
permanently receive the assets of the registrant pending a final determination
of the validity of the order.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 53. [332A.10] WRITTEN DEBT MANAGEMENT
SERVICES AGREEMENT.
Subdivision 1. Written agreement required. A debt management services provider may
not perform any debt management services or receive any money related to a debt
management services plan until the provider has obtained a debt management
services agreement that contains all terms of the agreement between the debt
management services provider and the debtor.
A debt management services agreement must be in writing, dated, and
signed by the debt management services provider and the debtor. The registrant must furnish the debtor with
a copy of the signed contract upon execution.
Subd. 2. Actions prior to written agreement. No person may provide debt management
services for a debtor unless the person first has:
(1) provided the debtor individualized counseling
and educational information that, at a minimum, addresses managing household
finances, managing credit and debt, budgeting, and personal savings strategies;
(2) prepared in writing and provided to the debtor,
in a form that the debtor may keep, an individualized financial analysis and a
proposed debt management services plan listing the debtor's known debts with
specific recommendations regarding actions the debtor should take to reduce or
eliminate the amount of the debts, including written disclosure that debt
management services are not suitable for all debtors and that there are other
ways, including bankruptcy, to deal with indebtedness;
(3) made a determination supported by an
individualized financial analysis that the debtor can reasonably meet the
requirements of the proposed debt management services plan and that there is a
net tangible benefit to the debtor of entering into the proposed debt
management services plan; and
(4) prepared, in a form the debtor may keep, a
written list identifying all known creditors of the debtor that the provider
reasonably expects to participate in the plan and the creditors, including
secured creditors, that the provider reasonably expects not to participate.
Subd. 3. Required terms. (a) Each debt management services
agreement must contain the following terms, which must be disclosed prominently
and clearly in bold print on the front page of the agreement, segregated by
bold lines from all other information on the page:
(1) the fee amount to be paid by the debtor and
whether the initial fee amount is refundable or nonrefundable;
(2) the monthly fee amount or percentage to be paid
by the debtor; and
(3) the total amount of fees reasonably anticipated
to be paid by the debtor over the term of the agreement.
(b) Each debt management services agreement must
also contain the following:
(1) a disclosure that if the
amount of debt owed is increased by interest, late fees, over the limit fees,
and other amounts imposed by the creditors, the length of the debt management
services agreement will be extended and remain in force and that the total
dollar charges agreed upon may increase at the rate agreed upon in the original
contract agreement;
(2) a prominent statement describing the terms upon
which the debtor may cancel the contract as set forth in section 332A.11;
(3) a detailed description of all services to be
performed by the debt management services provider for the debtor;
(4) the debt management services provider's refund
policy; and
(5) the debt management services provider's
principal business address and the name and address of its agent in this state
authorized to receive service of process.
Subd. 4. Prohibited terms. The following terms shall not be included
in the debt management services agreement:
(1) a hold harmless clause;
(2) a confession of judgment, or a power of attorney
to confess judgment against the debtor or appear as the debtor in any judicial
proceeding;
(3) a waiver of the right to a jury trial, if
applicable, in any action brought by or against a debtor;
(4) an assignment of or an order for payment of
wages or other compensation for services;
(5) a provision in which the debtor agrees not to
assert any claim or defense arising out of the debt management services
agreement;
(6) a waiver of any provision of this chapter or a
release of any obligation required to be performed on the part of the debt
management services provider; or
(7) a mandatory arbitration clause.
Subd. 5. New debt management services agreements;
modification of existing agreements.
(a) Separate and additional debt management services agreements that
comply with this chapter may be entered into by the debt management services
provider and the debtor provided that no additional initial fee may be charged
by the debt management services provider.
(b) Any modification of an existing debt management
services agreement, including any increase in the number or amount of debts
included in the debt management service, must be in writing and signed by both
parties. No fees, charges, or other
consideration may be demanded from the debtor for the modification, other than
an increase in the amount of the monthly maintenance fee established in the
original debt management services agreement.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 54. [332A.11]
RIGHT TO CANCEL.
Subdivision 1. Debtor's right to cancel. A debtor has the right to cancel the debt
management services agreement without cause at any time upon ten days' written
notice to the debt management services provider. In the event of cancellation, the debt management services
provider must, within ten days of the cancellation, notify the debtor's
creditors of the cancellation and provide a refund of all unexpended funds paid
by or for the debtor to the debt management services provider.
Subd. 2. Notice of debtor's right to cancel. A debt management services agreement must
contain, on its face, in an easily readable typeface immediately adjacent to
the space for signature by the debtor, the following notice: "Right To
Cancel: You have the right to cancel
this contract at any time on ten days' written notice."
Subd. 3. Automatic termination. Upon the payment of all listed debts and
fees, the debt management services agreement must automatically terminate, and
all unexpended funds paid by or for the debtor to the debt management services
provider must be immediately returned to the debtor.
Subd. 4. Debt management services provider's
right to cancel. A debt
management services provider may cancel a debt management services agreement
with good cause upon 30 days' written notice to the debtor. Within ten days after the cancellation, the
debt management services provider must:
(1) notify the debtor's creditors of the cancellation; and (2) return to
the debtor all unexpended funds paid by or for the debtor.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 55. [332A.12] BOOKS, RECORDS, AND
INFORMATION.
Subdivision 1. Records retention. Every registrant must keep, and use in
the registrant's business, such books, accounts, and records, including
electronic records, as will enable the commissioner to determine whether the
registrant is complying with this chapter and of the rules, orders, and
directives adopted by the commissioner under this chapter. Every registrant must preserve such books,
accounts, and records for at least six years after making the final entry on
any transaction recorded therein.
Examinations of the books, records, and method of operations conducted under
the supervision of the commissioner shall be done at the cost of the
registrant. The cost must be assessed
as determined under section 46.131.
Subd. 2. Statements to debtors. Each registrant must maintain and must
make available records and accounts that will enable each debtor to ascertain
the amounts paid to the creditors of the debtor. A statement showing amounts received from the debtor,
disbursements to each creditor, amounts which any creditor has agreed to accept
as payment in full for any debt owed the creditor by the debtor, charges
deducted by the registrant, and such other information as the commissioner may
prescribe, must be furnished by the registrant to the debtor at least monthly
and, in addition, upon any cancellation or termination of the contract. In addition to the statements required by
this subdivision, each debtor must have reasonable access, without cost, by
electronic or other means, to information in the registrant's files applicable
to the debtor. These statements, records,
and accounts must otherwise remain confidential except for duly authorized
state and government officials, the commissioner, the attorney general, the
debtor, and the debtor's representative and designees. Each registrant must prepare and retain in
the file of each debtor a written analysis of the debtor's income and expenses
to substantiate that the plan of payment is feasible and practicable.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 56. [332A.13]
FEES, PAYMENTS, AND CONSENT OF CREDITORS.
Subdivision 1. Origination fee. The registrant may charge a nonrefundable
origination fee of not more than $50, which may be retained by the registrant
from the initial amount paid by the debtor to the registrant.
Subd. 2. Monthly maintenance fee. The registrant may charge a periodic fee
for account maintenance or other purposes, but only if the fee is reasonable
for the services provided and does not exceed the lesser of 15 percent of the
monthly payment amount or $75.
Subd. 3. Additional fees unauthorized. A registrant may not impose any fee or
other charge or receive any funds or other payment other than the initial fee
or monthly maintenance fee authorized by this section.
Subd. 4. Amount of periodic payments retained. The registrant may retain as payment for
the fees authorized by this section no more than 15 percent of any periodic
payment made to the registrant by the debtor.
The remaining 85 percent must be disbursed to listed creditors under and
in accordance with the debt management services agreement. No fees or charges may be received or
retained by the registrant for any handling of recurring payments. Recurring payments include current rent,
mortgage, utility, telephone, maintenance as defined in section 518.27, child
support, insurance premiums, and such other payments as the commissioner may by
rule prescribe.
Subd. 5. Advance payments. No fees or charges may be received or
retained for any payments by the debtor made more than the following number of
days in advance of the date specified in the debt management services agreement
on which they are due: (1) 42 days in
the case of contracts requiring monthly payments; (2) 15 days in the case of
agreements requiring biweekly payments; or (3) seven days in the case of
agreements requiring weekly payments.
For those agreements which do not require payments in specified amounts,
a payment is deemed an advance payment to the extent it exceeds twice the
average regular payment previously made by the debtor under that contract. This subdivision does not apply when the
debtor intends to use the advance payments to satisfy future payment of
obligations due within 30 days under the contract. This subdivision supersedes any inconsistent provision of this
chapter.
Subd. 6. Consent of creditors. A registrant must actively seek to obtain
the consent of all creditors to the debt management services plan set forth in
the debt management services agreement.
Consent by a creditor may be express and in writing, or may be evidenced
by acceptance of a payment made under the debt management services plan set
forth in the contract. The registrant
must notify the debtor within ten days after any failure to obtain the required
consent and of the debtor's right to cancel without penalty. The notice must be in a form as the commissioner
shall prescribe. Nothing contained in
this section is deemed to require the return of any origination fee and any
fees earned by the registrant prior to cancellation or default.
Subd. 7. Withdrawal of creditor. Whenever a creditor withdraws from a debt
management services plan, or refuses to participate in a debt management
services plan, the registrant must promptly notify the debtor of the withdrawal
or refusal. In no case may this notice
be provided more than 15 days after the debt management services provider
learns of the creditor's decision to withdraw from or refuse to participate in
a plan. This notice must include the
identity of the creditor withdrawing from the plan, the amount of the monthly
payment to that creditor, and the right of the debtor to cancel the agreement
under section 332A.11.
Subd. 8. Payments held in trust. The registrant must maintain a separate
trust account and deposit in the account all payments received from the moment
that they are received, except that the registrant may commingle the payment
with the registrant's own property or funds, but only to the extent necessary
to ensure the maintenance of a minimum balance if the financial institution at
which the trust account is held requires a minimum balance to avoid the
assessment of fees or penalties for failure to maintain a minimum balance. All disbursements, whether to the debtor or
to the creditors of the debtor, or to the registrant, must be made from such
account.
Subd.
9.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 57. [332A.14] PROHIBITIONS.
A registrant shall not:
(1) purchase from a creditor any obligation of a
debtor;
(2) use, threaten to use, seek to have used, or seek
to have threatened the use of any legal process, including but not limited to
garnishment and repossession of personal property, against any debtor while the
debt management services agreement between the registrant and the debtor
remains executory;
(3) advise a debtor to stop paying a creditor until
a debt management services plan is in place;
(4) require as a condition of performing debt
management services the purchase of any services, stock, insurance, commodity,
or other property or any interest therein either by the debtor or the
registrant;
(5) compromise any debts unless the prior written
approval of the debtor has been obtained to such compromise and unless such
compromise inures solely to the benefit of the debtor;
(6) receive from any debtor as security or in
payment of any fee a promissory note or other promise to pay or any mortgage or
other security, whether as to real or personal property;
(7) lend money or provide credit to any debtor if
any interest or fee is charged, or directly or indirectly collect any fee for
referring, advising, procuring, arranging, or assisting a consumer in obtaining
any extension of credit or other debtor service from a lender or debt
management services provider;
(8) structure a debt management services agreement
that would result in negative amortization of any debt in the plan;
(9) engage in any unfair, deceptive, or
unconscionable act or practice in connection with any service provided to any
debtor;
(10) offer, pay, or give any material cash fee,
gift, bonus, premium, reward, or other compensation to any person for referring
any prospective customer to the registrant or for enrolling a debtor in a debt
management services plan, or provide any other incentives for employees or
agents of the debt management services provider to induce debtors to enter into
a debt management services plan;
(11) receive any cash, fee, gift, bonus, premium,
reward, or other compensation from any person other than the debtor or a person
on the debtor's behalf in connection with activities as a registrant, provided
that this paragraph does not apply to a registrant which is a bona fide
nonprofit corporation duly organized under chapter 317A or under the similar
laws of another state;
(12)
enter into a contract with a debtor unless a thorough written budget analysis
indicates that the debtor can reasonably meet the requirements of the financial
adjustment plan and will be benefited by the plan;
(13) in any way charge or purport to charge or provide
any debtor credit insurance in conjunction with any contract or agreement
involved in the debt management services plan;
(14) operate or employ a person who is an employee
or owner of a collection agency or process-serving business; or
(15) solicit, demand, collect, require, or attempt
to require payment of a sum that the registrant states, discloses, or
advertises to be a voluntary contribution from the debtor.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 58. [332A.16] ADVERTISEMENT OF DEBT
MANAGEMENT SERVICES PLANS.
No debt management services provider may make false,
deceptive, or misleading statements or omissions about the rates, terms, or
conditions of an actual or proposed debt management services plan or its debt
management services, or create the likelihood of consumer confusion or
misunderstanding regarding its services, including but not limited to the
following:
(1) represent that the debt management services
provider is a nonprofit, not-for-profit, or has similar status or
characteristics if some or all of the debt management services will be provided
by a for-profit company that is a controlling or affiliated party to the debt
management services provider; or
(2) make any communication that gives the impression
that the debt management services provider is acting on behalf of a government
agency.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 59. [332A.17] DEBT MANAGEMENT SERVICES
AGREEMENT RESCISSION.
Any debtor has the right to rescind any debt
management services agreement with a debt management services provider that
commits a material violation of this chapter.
On rescission, all fees paid to the debt management services provider or
any other person other than creditors of the debtor must be returned to the
debtor entering into the debt management services agreement within ten days of
rescission of the debt management services agreement.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 60. [332A.18] ENFORCEMENT; REMEDIES.
Subdivision 1. Violation a deceptive practice. A violation of any of the provisions of
this chapter is considered an unfair or deceptive trade practice under section
8.31, subdivision 1. A private right of
action under section 8.31 by an aggrieved debtor is in the public interest.
Subd. 2. Private right of action. (a) A debt management services provider
who fails to comply with any of the provisions of this chapter is liable under
this section in an individual action for the sum of (i) actual, incidental, and
consequential damages sustained by the debtor as a result of the failure; and
(ii) statutory damages of up to $1,000.
(b)
A debt management services provider who fails to comply with any of the
provisions of this chapter is liable to the named plaintiffs under this section
in a class action for the amount that each named plaintiff could recover under
paragraph (a), clause (i), and to the other class members for such amount as
the court may allow.
(c) In determining the amount of statutory damages,
the court shall consider, among other relevant factors:
(1) the frequency, nature, and persistence of
noncompliance;
(2) the extent to which the noncompliance was
intentional; and
(3) in the case of a class action, the number of
debtors adversely affected.
(d) A plaintiff or class successful in a legal or
equitable action under this section is entitled to the costs of the action,
plus reasonable attorney fees.
Subd. 3. Injunctive relief. A debtor may sue a debt management
services provider for temporary or permanent injunctive or other appropriate
equitable relief to prevent violations of any provision of this chapter. A court must grant injunctive relief on a
showing that the debt management services provider has violated any provision of
this chapter, or in the case of a temporary injunction, on a showing that the
debtor is likely to prevail on allegations that the debt management services
provider violated any provision of this
chapter.
Subd. 4. Remedies cumulative. The remedies provided in this section are
cumulative and do not restrict any remedy that is otherwise available. The provisions of this chapter are not
exclusive and are in addition to any other requirements, rights, remedies, and
penalties provided by law.
Subd. 5. Public enforcement. The attorney general shall enforce this
chapter under section 8.31.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 61. [332A.19] INVESTIGATION.
At any reasonable time, the commissioner may examine
the books and records of every registrant and of any person engaged in the
business of providing debt management services as defined in section
332A.02. The commissioner once during
any calendar year may require the submission of an audit prepared by a
certified public accountant of the books and records of each registrant. If the registrant has, within one year
previous to the commissioner's demand, had an audit prepared for some other
purpose, this audit may be submitted to satisfy the requirement of this
section. The commissioner may
investigate any complaint concerning violations of this chapter and may require
the attendance and sworn testimony of witnesses and the production of
documents.
EFFECTIVE
DATE. This section is effective January 1,
2008.
Sec. 62. LICENSE RENEWAL EXTENSION.
The July 31, 2007, renewal date for mortgage
originators is extended to October 30, 2007, because of the changes to the
licensing requirements made by this article.
Sec. 63. DELAYED LICENSE RENEWAL DATE FOR REAL
ESTATE BROKERS AND SALESPERSONS.
The June 30, 2007, renewal date for licenses of real
estate brokers and salespersons is extended to August 31, 2007, due to the
technology surcharge created in this act.
Sec.
64. REPEALER.
(a) Minnesota Statutes 2006, sections 46.043; 47.62,
subdivision 5; and 58.08, subdivision 1, are repealed.
(b) Minnesota Statutes 2006, sections 332.12;
332.13; 332.14; 332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21; 332.22;
332.23; 332.24; 332.25; 332.26; 332.27; 332.28; and 332.29, are repealed
effective January 1, 2008."
Delete the title and insert:
"A bill for an act
relating to state government; appropriating money for environment, natural
resources, energy, and commerce; modifying provisions related to agency
service requirements, land acquisition, authorized sales, railroad prairie
right-of-ways, county and municipality comprehensive plans, off-highway
vehicles, prairie plant seed production, invasive species, state recreation
areas, canoe routes, timber sales, mineral payments, wetlands, individual
sewage treatment systems, and genetically engineered organisms; providing for
venison donation, plant and tree pest control, community forest management,
penalty orders, and local water management oversight; modifying disposition of
certain revenue; modifying definitions; authorizing and requiring rulemaking;
modifying certain license requirements; modifying and establishing certain fees
and surcharges; modifying and creating certain accounts and funds; extending
sunset of provisions related to sustainable forest resources and the Mineral
Coordinating Committee; modifying authority of watershed district managers and
soil and water conservation district supervisors; providing for ditch buffers,
a clean energy program, environmental health tracking and biomonitoring,
regulation of polybrominated diphenyl ethers, classification of state forests,
trail designation, forest protection, and lease of certain tax-forfeited land;
exempting certain exchanged land from the tax-forfeited land assurance fee;
establishing a wildlife management area; designating state energy city;
creating energy savings incentive and propane prepurchase programs; modifying
provisions for nuclear waste storage, public utilities, cold weather rule,
renewable energy research and production incentives, hydrogen energy, the
Legislative Electric Energy Task Force, and energy planning; providing for
intervenor compensation, low-income affordability programs, clean resource
teams, hydrogen refueling station grants, and carbon sequestration studies;
providing for certain power producing facilities in St. Paul and Winona;
modifying or adding provisions relating to vehicle protection products, debt
management services, long-term care insurance training, financial institutions,
securities regulation, mortgage originators, and low-income weatherization and
energy assistance programs; requiring studies and reports; providing civil
penalties; amending Minnesota Statutes 2006, sections 10A.01, subdivision 35;
13.712, by adding a subdivision; 15.99, subdivision 3; 16A.531, subdivision 1a;
17.4984, subdivision 1; 18G.03, by adding a subdivision; 18G.11; 45.011,
subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 2; 47.19;
47.59, subdivision 6; 47.60, subdivision 2; 47.62, subdivision 1; 47.75,
subdivision 1; 48.15, subdivision 4; 58.04, subdivision 1; 58.05; 58.06,
subdivision 2, by adding a subdivision; 58.08, subdivision 3; 58.10,
subdivision 1; 60K.55, subdivision 2; 80A.28, subdivision 1; 80A.65,
subdivision 1; 82.24, subdivisions 1, 4; 82B.09, subdivision 1; 84.025,
subdivision 9; 84.026, subdivision 1; 84.027, by adding a subdivision; 84.0272,
by adding a subdivision; 84.0855, subdivisions 1, 2; 84.777; 84.780; 84.922,
subdivisions 1a, 5; 84.927, subdivision 2; 84.963; 84D.02, by adding a
subdivision; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13,
subdivision 7; 84D.14; 85.013, by adding a subdivision; 85.054, by adding a
subdivision; 85.32, subdivision 1; 86B.706, subdivision 2; 88.01, by adding a
subdivision; 88.79, subdivisions 1, 2; 88.82; 89.001, subdivision 8, by adding
subdivisions; 89.01, subdivisions 1, 2, 4; 89.22, subdivision 2; 89.51,
subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3;
89.57; 89.58; 89.59; 89.60; 89.61; 89A.11; 90.161, by adding a subdivision;
93.0015, subdivision 3; 93.22, subdivision 1; 97A.045, by adding a subdivision;
97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.133, by adding a
subdivision; 97A.205; 97A.405, subdivision 2; 97A.411, subdivision 1; 97A.451,
subdivision 3a; 97A.465, by adding subdivisions; 97A.473, subdivisions 3, 5;
97A.475, subdivisions 3, 7, 11, 12, by adding a subdivision; 97A.485,
subdivision 7; 97B.601, subdivision 3; 97B.715, subdivision 1; 97B.801;
97C.081, subdivision 3; 97C.355, subdivision 2; 103B.101, by adding a
subdivision; 103C.321, by adding a subdivision; 103D.325, by adding a
subdivision; 103E.021, subdivisions 1, 2, 3, by adding a subdivision; 103E.315,
subdivision 8; 103E.321, subdivision 1; 103E.701, by adding a subdivision;
103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; 103G.222,
subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3, 6, 9, 11; 103G.2242,
subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2; 103G.235; 103G.301,
subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a subdivision; 116C.775;
116C.777; 116C.779, subdivision 1; 116C.92; 116C.94, subdivision 1; 116C.97,
subdivision 2; 118A.03, subdivision 2; 216B.097, subdivisions 1, 3; 216B.098,
subdivision 4; 216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.812,
subdivisions 1, 2; 216C.051, subdivisions 2, 9; 216C.052, by adding a
subdivision; 216C.41, subdivision 3; 219.99; 239.101, subdivision 3; 282.04,
subdivision 1; 325E.311, subdivision 6; 325N.01; 332.54, subdivision 7; 394.23;
462.353, subdivision 2; Laws 2003, chapter 128, article 1, sections 167,
subdivision 1, as amended; 169; Laws 2006, chapter 236, article 1, section 21;
proposing coding for new law in Minnesota Statutes, chapters 16C; 17; 45; 58;
60K; 84; 84D; 85; 89; 97B; 103B; 103E; 103F; 144; 173; 216B; 216C; 325E;
proposing coding for new law as Minnesota Statutes, chapters 59C; 332A;
repealing Minnesota Statutes 2006, sections 18G.16; 46.043; 47.62, subdivision
5; 58.08, subdivision 1; 85.012, subdivision 24b; 89.51, subdivision 8;
103G.2241, subdivision 8; 216B.095; 332.12; 332.13; 332.14; 332.15; 332.16;
332.17; 332.18; 332.19; 332.20; 332.21; 332.22; 332.23; 332.24; 332.25; 332.26;
332.27; 332.28; 332.29; Minnesota Rules, parts 7820.1500; 7820.1600; 7820.1700;
7820.1750; 7820.1800; 7820.1900; 7820.2000; 7820.2100; 7820.2150; 7820.2200;
7820.2300."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Ellen R. Anderson, Dennis R. Frederickson, Tom
Saxhaug, Satveer S. Chaudhary and Patricia Torres Ray.
House Conferees: Jean Wagenius, Bill Hilty, Rick Hansen, David
Dill and Dennis Ozment.
Wagenius moved that the report of the Conference Committee on
S. F. No. 2096 be adopted and that the bill be repassed as
amended by the Conference Committee.
The motion prevailed.
Hoppe was excused for the remainder of today's session.
S. F. No. 2096, A bill for an act relating to state government;
appropriating money for environmental, natural resources, and energy purposes;
establishing and modifying certain programs; modifying rulemaking authority;
providing for accounts, assessments, and fees; amending Minnesota Statutes
2006, sections 84.025, subdivision 9; 84.026, subdivision 1; 84.027, by adding
a subdivision; 84.0855, subdivisions 1, 2; 84.780; 84.922, subdivisions 1a, 5;
84.927, subdivision 2; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3;
84D.13, subdivision 7; 85.32, subdivision 1; 86B.415, subdivisions 1, 2, 3, 4,
5, 7; 86B.706, subdivision 2; 89A.11; 93.0015, subdivision 3; 97A.045, by
adding a subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision;
97A.405, subdivision 2; 97A.411, subdivision 1; 97A.451, subdivision 3a;
97A.465, by adding subdivisions; 97A.473, subdivisions 3, 5; 97A.475,
subdivisions 3, 7, 11, 12, by adding a subdivision; 97B.601, subdivision 3;
97B.715, subdivision 1; 97B.801; 97C.081, subdivision 3; 97C.355, subdivision
2; 116C.779, subdivision 1; 216B.812, subdivisions 1, 2; 216C.051, subdivision
9; Laws 2003, chapter 128, article 1, section 169; proposing coding for new law
in Minnesota Statutes, chapters 84; 84D; 89; 103F; 144; 216B; 216C; 325E;
repealing Minnesota Statutes 2006, section 93.2236.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 97 yeas and
30 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Berns
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Otremba
Ozment
Paulsen
Paymar
Peterson, A.
Peterson, S.
Poppe
Ruth
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Beard
Brod
Buesgens
DeLaForest
Dettmer
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Heidgerken
Kohls
Lanning
Magnus
Nornes
Olin
Olson
Peppin
Rukavina
Seifert
Severson
Shimanski
Simpson
Sviggum
Tingelstad
Wollschlager
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 2433, A bill for an act relating to capital
investment; providing disaster relief for Browns Valley, Rogers, and Warroad;
authorizing flood mitigation projects in Browns Valley; appropriating money;
amending Laws 2005, chapter 20, article 1, section 7, subdivision 2; Laws 2006,
chapter 258, section 7, subdivision 3.
The Senate has appointed as such committee:
Senators Langseth, Skoe and Kubly.
Said House File is herewith returned to the House.
Colleen Pacheco, Second Assistant Secretary of the Senate
CALENDAR FOR THE DAY
Sertich moved that the remaining bills on the Calendar for the
Day be continued. The motion prevailed.
MOTIONS AND RESOLUTIONS
Hansen moved that his name be stricken as an author on
H. F. No. 330. The
motion prevailed.
Tschumper moved that the name of Kalin be added as an author on
H. F. No. 1469. The
motion prevailed.
Marquart moved that the name of Nornes be added as an author on
H. F. No. 2433. The
motion prevailed.
Seifert moved that the name of Nornes be added as an author on
H. F. No. 2463. The
motion prevailed.
ANNOUNCEMENT FROM THE
COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Pursuant to rules 1.21 and 1.22, the Committee on Rules and
Legislative Administration specified Tuesday, May 1, 2007, as the date
after which the 5:00 p.m. deadline no longer applies to the designation of
bills to be placed on the Calendar for the Day and to the announcement of the
intention to request that bills be placed on the Fiscal Calendar.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 12:30 p.m., Monday, May 7, 2007.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands
adjourned until 12:30 p.m., Monday, May 7, 2007.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives