STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
SEVENTY-SIXTH DAY
Saint Paul, Minnesota, Thursday, March 18,
2010
The House of Representatives convened at 10:30
a.m. and was called to order by Margaret Anderson Kelliher, Speaker of the
House.
Prayer was offered by the Reverend Lisa
Friedman, Unitarian Universalist of Mankato, Mankato, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
A quorum was present.
The Chief Clerk proceeded to read the
Journal of the preceding day. Drazkowski
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Lenczewski was excused between the hours
of 11:00 a.m. and 12:20 p.m.
REPORTS OF CHIEF CLERK
S. F. No. 2494 and
H. F. No. 3084, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Dittrich moved that
S. F. No. 2494 be substituted for H. F. No. 3084
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2946 and
H. F. No. 3321, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Lesch moved that
S. F. No. 2946 be substituted for H. F. No. 3321
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3167 and
H. F. No. 3468, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Poppe moved that
S. F. No. 3167 be substituted for H. F. No. 3468
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
Eken from
the Committee on Environment Policy and Oversight to which was referred:
H. F. No.
353, A resolution relating to Lake of the Woods.
Reported the
same back with the recommendation that the bill pass.
The report was adopted.
Mullery from the Committee on Civil
Justice to which was referred:
H. F. No. 677, A bill for an act
relating to health occupations; establishing a regulation system for
technicians performing body art procedures and for body art establishments;
adopting penalty fees; amending Minnesota Statutes 2008, sections 325F.814,
subdivision 1; 609.2246, subdivision 1; proposing coding for new law as
Minnesota Statutes, chapter 146B.
Reported the same back with the
following amendments:
Page 1, delete subdivision 4, and
insert:
"Subd. 4. Body
art. "Body art" or
"body art procedures" means physical body adornment using, but not
limited to, tattooing and body piercing.
Body art does not include practices and procedures that are performed by
a licensed medical or dental professional if the procedure is within the
professional's scope of practice."
Page 2, line 3, after the period,
insert "Body piercing also includes branding, scarification,
suspension, subdermal implantation, microdermal, and tongue bifurcation."
Page 2, line 22, after "with"
insert "potable"
Page 2, line 23, delete "solely"
Page 2, line 27, delete "personal"
and delete "newly"
Page 3, line 9, delete "solely"
Page 3, line 28, before "razors"
insert "disposable"
Page 3, line 34, after "the"
insert "physical"
Page 4, line 5, after the period,
insert "Tattooing also includes micropigmentation and cosmetic
tattooing."
Page 4, delete subdivision 32 and
insert:
"Subd. 32. Technician.
"Technician" or "body
art technician" means any individual who is licensed under this chapter as
a tattoo technician or as a body piercing technician or as both."
Page 4, delete subdivision 34
Page 4, line 13, delete "35"
and insert "34"
Page 4, line 24, delete "name
of the owner and operator" and insert "name(s) of the owner(s)
and operator(s)"
Page 4, line 33, delete everything
after "(a)" and insert "The commissioner shall issue a
provisional establishment license effective until the commissioner determines
after inspection that the applicant has met the requirements of this
chapter. Upon approval, the commissioner
shall issue a license effective for three years."
Page 4, delete lines 34 and 35
Page 5, delete lines 1 and 2
Page 5, line 16, delete "two"
and insert "three"
Page 5, delete subdivision 7 and
insert:
"Subd. 7. Establishments
located in a private residence. If
the body art establishment is located within a private residence, the space
where the body art procedures are performed must:
(1) be completely partitioned off;
(2) be exclusively used for body art
procedures;
(3) be separate from the residential
living, eating, and bathroom areas;
(4) have an entrance separate from
the entrance to the residential area;
(5) meet the standards of this
chapter; and
(6) be made available for inspection
upon the request of the commissioner."
Page 6, line 7, delete "renewed"
and insert "extended"
Page 6, delete lines 15 and 16
Page 6, line 17, delete "(c)"
and insert "(b)"
Page 6, delete subdivisions 1 and 2
and insert:
"Subdivision 1. Licensure
required. (a) Effective
January 1, 2011, no individual may perform tattooing unless the individual
holds a valid tattoo technician license issued by the commissioner under this
chapter, except as provided in subdivision 3.
(b) Effective January 1, 2011, no
individual may perform body piercing unless the individual holds a valid body
piercing technician license issued by the commissioner under this chapter,
except as provided in subdivision 3.
(c) If an individual performs both
tattooing and body piercing, the individual must hold a valid dual body art
technician license.
Subd. 2.
Designation. (a) No individual may use the title of
"tattooist," "tattoo artist," "tattoo
technician," "body art practitioner," "body art
technician," or other letters, words, or titles in connection with that
individual's name which in any way represents that the individual is engaged in
the practice of tattooing or authorized to do so, unless the individual is
licensed and authorized to perform tattooing under this chapter.
(b) No individual may use the title
"body piercer," "body piercing artist," "body art
practitioner," "body art technician," or other letters, words,
or titles in connection with that individual's name which in any way represents
that the individual is engaged in the practice of body piercing or authorized
to do so, unless the individual is licensed and authorized to perform body
piercing under this chapter.
(c) Any representation made to the
public by a licensed technician must specify the types of body art procedures
the technician is licensed to perform."
Page 7, after line 7, insert:
"(2) the type of license the
applicant is applying for;"
Page 7, line 8, delete "(2)"
and insert "(3)"
Page 7, line 9, delete "(3)"
and insert "(4)" and after "experience"
insert "within the area for which the applicant is seeking a license,
and must include an affidavit from the supervising licensed technician"
Page 7, line 10, delete "(4)"
and insert "(5)"
Page 7, line 12, delete "cardiopulmonary
resuscitation (CPR), first aid,"
Page 7, line 18, delete "(5)"
and insert "(6)"
Page 7, delete subdivision 5 and
insert:
"Subd. 5. Action
on licensure applications. (a)
The commissioner shall notify the applicant in writing of the action taken on
the application. If the application is
approved, the commissioner shall issue a tattoo technician license, a body
piercing technician license, or a dual body art technician license.
(b) If licensure is denied, the
applicant must be notified of the determination and the grounds for it, and the
applicant may request a hearing under chapter 14 on the determination by filing
a written statement with the commissioner within 30 days after receipt of the
notice of denial. After the hearing, the
commissioner shall notify the applicant in writing of the decision."
Page 7, line 29, delete "(4)"
and insert "(5)"
Page 7, line 36, delete "(3)"
and insert "(4)"
Page 8, line 5, delete "subdivision
7" and insert "this subdivision"
Page 8, line 17, delete "(3)"
and insert "(4)"
Page 8, line 19, delete everything
after "performed" and insert "at least 2,080 hours
within the last five years in the body art area in which the applicant is
seeking licensure."
Page 8, line 34, delete "per
licensed establishment"
Page 9, line 26, after "sterilizer"
insert "if there is no other working sterilizer with a negative spore
test in the establishment"
Page 10, line 1, delete everything
after "(a)"
Page 10, line 2, delete "2,"
Page 10, delete line 10
Page 10, line 11, delete "(2)"
and insert "(1)"
Page 10, line 12, delete "(3)"
and insert "(2)"
Page 10, line 13, delete "(4)"
and insert "(3)" and after the first "a"
insert "nonporous washable" and delete "can"
and insert "receptacle"
Page 10, line 16, delete everything
after "for" and insert "body art procedures."
Page 10, delete line 17
Page 10, delete subdivision 2
Page 10, line 28, delete "3"
and insert "2"
Page 11, line 12, delete "the
quantity of"
Page 11, line 20, before "washable"
insert "nonporous"
Page 11, line 21, delete "container"
and insert "receptacle"
Page 11, line 23, after "closed"
insert "nonporous"
Page 11, line 27, delete "must
be provided" and insert "or a chemical germicide must be used"
Page 11, line 30, delete "4"
and insert "3"
Page 11, line 35, after "razor"
insert "or a stainless steel straight edge"
Page 12, line 9, delete "Hands"
and insert "Upon leaving the procedure area, hands"
Page 12, line 11, delete "5"
and insert "4"
Page 12, line 19, delete "6"
and insert "5"
Page 13, delete lines 8 to 12
Page 13, line 13, delete "(c)"
and insert "(b)"
Page 13, delete lines 26 to 32
Page 13, line 33, delete "(g)"
and insert "(c)"
Page 13, after line 34, insert:
"Subd. 1a. Prohibition. (a) A technician shall only perform body
piercings not identified in paragraph (c) on an individual under the age of 18
if the individual's parent or legal guardian is present and a consent form and
the authorization form under subdivision 1, paragraph (b) is signed by the
parent or legal guardian in the presence of the technician.
(b) No technician shall tattoo any
individual under the age of 18 regardless of parental or guardian consent.
(c) No nipple or genital piercing,
branding, scarification, suspension, subdermal implantation, microdermal, or
tongue bifurcation shall be performed by any technician on any individual under
the age of 18 regardless of parental or guardian consent.
(d) No technician shall perform body
art procedures on any individual who appears to be under the influence of
alcohol, controlled substances as defined in section 152.01, subdivision 4, or
hazardous substances as defined in rules adopted under chapter 182.
(e) No technician shall perform body
art procedures while under the influence of alcohol, controlled substances as
defined under section 152.01, subdivision 4, or hazardous substances as defined
in the rules adopted under chapter 182.
(f) No technician shall administer
anesthetic injections or other medications."
Page 14, line 6, delete "a"
and insert "body"
Page 14, line 9, delete "two"
and insert "three"
Page 14, line 14, delete "release"
and insert "authorization"
Page 14, line 15, delete "(c)"
and insert "(b)"
Page 14, line 20, delete "1"
and insert "1a"
Page 16, after line 30, insert:
"(d) The fee for a dual body
art technician license is $......."
Page 16, line 31, delete "(d)"
and insert "(e)"
Page 16, line 32, delete "(e)"
and insert "(f)"
Page 16, line 33, delete "(f)"
and insert "(g)" and delete "and renewal"
Page 17, delete sections 11 and 12
Page 17, line 20, delete "12"
and insert "10" and delete "August" and
insert "July"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so
amended the bill pass and be re-referred to the Committee on Finance.
The
report was adopted.
Solberg from
the Committee on Ways and Means to which was referred:
H. F. No. 802,
A bill for an act relating to human services; requiring mental health urgent
care and psychiatric consultation; reducing certain hospital payment rates;
changing medical assistance covered services; allowing intergovernmental
transfers; creating a new general assistance medical care program; providing
transitional MinnesotaCare coverage; requiring coordinated care delivery
systems; creating a temporary uncompensated care pool and prescription drug
pool; appropriating money; amending Minnesota Statutes 2008, sections 256.969,
subdivision 27; 256B.0625, subdivision 13f, by adding a subdivision; 256B.0644;
256L.05, subdivisions 3, 3a; 256L.07, subdivision 6; 256L.15, subdivision 4;
256L.17, subdivision 7; 517.08, subdivision 1c; Minnesota Statutes 2009
Supplement, sections 256.969, subdivision 3a; 256B.0947, subdivision 1;
256B.196, subdivision 2; 256D.03, subdivision 3; proposing coding for new law
in Minnesota Statutes, chapters 245; 256B; 256D; repealing Minnesota Statutes
2008, sections 256.742; 256.979, subdivision 8; 256B.195, subdivisions 4, 5;
256D.03, subdivision 9; 256L.05, subdivision 1b; 256L.07, subdivision 6;
256L.15, subdivision 4; 256L.17, subdivision 7; Minnesota Statutes 2009
Supplement, sections 256B.195, subdivisions 1, 2, 3; 256D.03, subdivision 4.
Reported the
same back with the following amendments:
Page 6, lines
4, 5, and 6, delete the new language
Page 7, line 7,
before the period, insert "or subdivision 28"
Page 10, lines
10, 22, 25, and 28, reinstate the stricken language
Page 11, after
line 20, insert:
"(e)
For purposes of paragraphs (a) and (b), participation in the general assistance
medical care program applies only to pharmacy providers."
Page 13, line
19, delete "the day following final enactment" and insert
"60 days after federal approval"
Page 13, line
23, before "intergovernmental" insert "voluntary"
Page 13, line
29, delete "Fairview University Medical Center" and insert
"University of Minnesota Medical Center, Fairview, and SMDC Medical
Center"
Page 14, lines
9, 18, and 21, before "intergovernmental" insert "voluntary"
Page 14, line
12, delete "an" and insert "a voluntary"
Page 14, delete
line 24
Page 14, before
line 25, insert:
"Sec.
10. Minnesota Statutes 2008, section
256B.69, subdivision 20, is amended to read:
Subd. 20. Ombudsperson. The commissioner shall designate an
ombudsperson to advocate for persons required to enroll in prepaid health plans
under this section. The ombudsperson
shall advocate for recipients enrolled in prepaid health plans through
complaint and appeal procedures and ensure that necessary medical services are
provided either by the prepaid health plan directly or by referral to
appropriate social services. At the time
of enrollment in a prepaid health plan, the local agency shall inform
recipients about the ombudsperson program and their right to a resolution of a
complaint by the prepaid health plan if they experience a problem with the plan
or its providers.
(b) The
commissioner shall designate an ombudsperson to advocate for persons enrolled
in a coordinated care delivery system under section 256D.031, subdivision
6. The ombudsperson shall advocate for
recipients enrolled in a coordinated care delivery system through the state
appeal process, and assist enrollees in accessing necessary medical services
through the coordinated care delivery system directly or by referral to
appropriate services. At the time of
enrollment in a coordinated care delivery system, the local agency shall inform
recipients about the ombudsperson program."
Page 14, line
34, delete "will" and insert "shall" and
before the period, insert "and funded under section 256D.031,
subdivision 9, beginning June 1, 2010"
Page 15, line
1, after "(b)" insert "Outpatient prescription"
Page 15, line
7, before "Prescription" insert "Outpatient"
Page 15, after
line 9, insert:
"(c)
Outpatient prescription drug coverage does not include drugs administered in a
clinic or other outpatient setting."
Page 20, delete
subdivision 2a
Page 22, line
14, before the period, insert ", unless a change that affects
eligibility is reported"
Page 22, line
15, delete "individuals" and insert "recipients who
continue to meet the eligibility requirements of this section"
Page 23, line
20, after "(c)" insert "Outpatient prescription"
and delete the second comma and insert a period
Page 23, delete
line 21
Page 23, line 24,
after the comma, insert "and $1 per generic drug prescription,"
Page 24, line
9, delete everything after "prescription" and insert "drugs
covered under section 256D.03, subdivision 3, provided on or after April 1,
2010,"
Page 24, line
11, delete "subdivision 13e" and insert "subdivisions
13 to 13g"
Page 24, line
21, delete "an" and insert "a clinic or other"
Page 24, line
24, delete "emergency ground ambulance" and insert "medical"
Page 24, line
26, before "drugs" insert "prescription" and
delete "an" and insert "a clinic or other"
Page 24, line
28, delete "subdivisions 7 and 9" and insert "section
256D.03, subdivision 3, and funded under subdivision 9"
Page 24, line
33, delete "2007" and insert "2008"
Page 25, line
10, before the period, insert "statewide"
Page 25, line
13, after the period, insert "The commissioner shall consider a
recipient's zip code, city of residence, county of residence, or distance from
a participating coordinated care delivery system when determining default
assignment. An applicant or recipient
may decline enrollment in a coordinated care delivery system."
Page 25, line
14, delete "enrollee" and insert "recipient"
Page 25, line
18, delete "An individual" and insert "A recipient who
continues to meet the eligibility requirements of this section"
Page 25, line
20, delete "enrollees" and insert "recipients"
Page 25, line
29, delete "of the system's enrollees" and insert "recipient
enrolled in the system"
Page 26, line
7, delete "an enrollee" and insert "a recipient"
Page 26, line
8, delete "that is certified as a health care home under section
256B.0751"
Page 26, line
11, delete "an enrollee" and insert "a recipient"
Page 26, line
14, delete "an enrollee of" and insert "a recipient
enrolled in"
Page 26, line
15, after the period, insert "For purposes of this section, emergency
services are defined according to Code of Federal Regulations, title 42,
section 438.114(a)."
Page 26, line
16, delete "An enrollee of" and insert "A recipient
enrolled in"
Page 26, line
22, delete "enrollee" and insert "recipient"
Page 26, line
23, delete "through" and insert "by"
Page 26, line
25, after the period, insert "The commissioner must provide this data
to the legislature on a quarterly basis."
Page 26, after
line 25, insert:
"(j)
Effective June 1, 2010, the provisions of section 256.9695, subdivision 2,
paragraph (b), do not apply to general assistance medical care provided under
this section."
Page 26, line
31, delete everything before "June" and insert "in
quarterly payments, beginning on the first scheduled warrant on or after"
Page 26, line
34, delete "2007" and insert "2008"
Page 27, line
1, delete everything after the period
Page 27, delete
line 2
Page 27, line
3, delete everything before the period and insert "The commissioner may
prospectively reallocate payments to participating hospitals on a biannual
basis to ensure that final allocations reflect actual coordinated care delivery
system enrollment" and delete "2007" and insert
"2008"
Page 27, line
13, delete everything after "coverage" and insert "is
provided according to section 256D.03, subdivision 3, and paid on a
fee-for-service basis under subdivision 9."
Page 27, delete
lines 14 and 15
Page 27, line
22, delete "enrollee" and insert "recipient"
Page 27, line
34, delete "a" and insert "an outpatient"
Page 27, line
36, delete "providers for" and insert "pharmacy
service providers as defined in Minnesota Rules, part 9505.0340, for the
covered outpatient" and delete "enrollees," and
insert "recipients. Payment for
drugs shall be"
Page 28, line
1, after "to" insert "the rates established in"
and after the period, insert "Outpatient"
Page 28, line
7, delete "that in the"
Page 28, delete
lines 8 and 9
Page 28, line
10, delete everything before the comma and insert "equal to 20 percent
of payments for the prescribed drugs for recipients of services through that
coordinated care delivery system"
Page 29, lines
5 to 8, strike the old language and delete the new language
Page 29, line
9, delete "April 1, 2010" and insert "January 1, 2011"
Page 29, line
23, strike everything after "(c)"
Page 29, lines
24 to 26, strike the old language and delete the new language
Page 29, line
32, delete "April 1, 2010" and insert "January 1, 2011"
Pages 29 to 30,
delete sections 14 to 16 and insert:
"Sec.
14. Minnesota Statutes 2008, section
256L.05, subdivision 3c, is amended to read:
Subd. 3c. Retroactive
coverage. Notwithstanding
subdivision 3, the effective date of coverage shall be the first day of the
month following termination from medical assistance or general assistance
medical care for families and individuals who are eligible for
MinnesotaCare and who submitted a written request for retroactive MinnesotaCare
coverage with a completed application within 30 days of the mailing of
notification of termination from medical assistance or general assistance
medical care. The applicant must
provide all required verifications within 30 days of the written request for
verification. For retroactive coverage,
premiums must be paid in full for any retroactive month, current month, and
next month within 30 days of the premium billing. General assistance medical care recipients
may qualify for retroactive coverage under this subdivision at a six-month
renewal."
Page 31, after
line 22, insert:
"Sec.
17. TRANSITIONAL
MINNESOTACARE PHASEOUT.
For any
applicant or recipient who meets the requirements of Minnesota Statutes,
section 256D.03, subdivision 3, paragraph (d), before April 1, 2010, and who is
not exempt under Minnesota Statutes, section 256D.03, subdivision 3, paragraph
(f), the commissioner of human services shall continue the process of enrolling
the recipient in MinnesotaCare as required under Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3, paragraph (d), and, upon the
completion of enrollment, the recipient shall receive services under
MinnesotaCare in accordance with Minnesota Statutes, section 256L.03. County agencies shall continue to perform all
duties necessary to administer the MinnesotaCare program ongoing for
individuals enrolled in MinnesotaCare according to Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3, paragraph (d), including the
redetermination of MinnesotaCare eligibility at renewal.
EFFECTIVE DATE.
This section is effective April 1, 2010."
Page 31, delete
section 20 and insert:
"Sec.
23. REPEALER.
(a)
Minnesota Statutes 2008, sections 256.742; 256.979, subdivision 8; and 256D.03,
subdivision 9, are repealed.
(b)
Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, is
repealed.
(c)
Minnesota Statutes 2008, section 256B.195, subdivisions 4 and 5, are repealed
effective retroactively to October 1, 2009.
(d)
Minnesota Statutes 2009 Supplement, section 256B.195, subdivisions 1, 2, and 3,
are repealed effective retroactively to October 1, 2009.
(e)
Minnesota Statutes 2008, sections 256L.07, subdivision 6; 256L.15, subdivision
4; and 256L.17, subdivision 7, are repealed January 1, 2011."
Page 32, line
23, delete "(7,517,000)" and insert "(7,985,000)"
and delete "(69,393,000)" and insert "(93,128,000)"
Page 32, line
27, delete "(42,324,000)" and insert "(42,792,000)"
and delete "(187,886,000)" and insert "(211,621,000)"
Page 33, delete
lines 14 to 16 and insert:
"(a) MinnesotaCare Grants (42,792,000) (211,621,000)
This appropriation reduction is from
the health care access fund."
Renumber the sections in sequence and
correct the internal references
Amend the title as follows:
Page 1, line 5, delete everything after
the semicolon
Page 1, line 6, delete
"coverage;"
Correct the title numbers accordingly
With the recommendation that when so
amended the bill pass.
The
report was adopted.
Thissen from
the Committee on Health Care and Human Services Policy and Oversight to which
was referred:
H. F. No. 1640,
A bill for an act relating to health; establishing an academic detailing
program for prescription drugs; allowing rulemaking; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 62U.
Reported the
same back with the following amendments:
Page 1, line 7,
delete "health" and insert "human services"
Page 1, line 8,
delete everything after "Pharmacy" and insert ", the
University of Minnesota Medical School, and the University of Minnesota College
of Pharmacy, shall develop"
Page 1, line
11, delete "physicians, pharmacists, and other" and delete
"and"
Page 1, line
12, delete "dispense prescription"
Page 1, line
18, after the period, insert "The commissioner may limit the scope of the
outreach and education to those drugs identified by the Drug Utilization Review
Board, established under section 256B.0625, subdivision 13i, as being the most
subject to fraud, abuse, gross overuse, or associated with inappropriate or
medically unnecessary care."
Page 2, line
10, after "include" insert ", but is not limited to,"
Page 2, lines
11 and 14, delete "clinician"
Page 2, line
21, delete "physicians, pharmacists, and other" and delete
"with prescribing and"
Page 2, line
22, delete "dispensing authority" and insert "who as a
group collectively prescribe 80 percent or more of prescription medications
dispensed to enrollees in the medical assistance, general assistance medical
care, and MinnesotaCare programs, and"
Page 2, line
23, after the period, insert "The commissioner may further limit the
outreach and education to specific prescribers identified by the Drug
Utilization Review Board."
Page 2, line
26, delete "deposited in the general fund and"
Page 2, line
33, after "the" insert "chairs and ranking minority
members of the"
Page 2, line
34, after "care" insert "policy and finance"
Page 3, delete
subdivision 5
Page 3, line 3,
delete "6" and insert "5"
Page 3, after
line 5, insert:
"Subd.
6. Fee assessed. The
commissioner of human services, effective July 1, 2010, shall assess each
wholesale drug distributor required to be licensed under section 151.47 a
quarterly fee, equal to 0.5 percent of revenues the distributor would have
received in the most recent quarter for which drug utilization information by
manufacturer labeler code is available, had the distributor been reimbursed by
the commissioner under section 256B.0625, subdivision 13e, for drugs provided
to medical assistance, general assistance medical care, and MinnesotaCare enrollees. The commissioner shall use revenues from the
assessment to implement the prescription drug education program."
Page 3, delete
section 2
Amend the title
as follows:
Page 1, line 3,
delete "allowing rulemaking" and insert "assessing fees"
With the
recommendation that when so amended the bill be re-referred to the Committee on
Finance without further recommendation.
The
report was adopted.
Solberg from
the Committee on Ways and Means to which was referred:
H. F. No. 1671,
A bill for an act relating to the financing of government; appropriating money
or reducing appropriations for state government, higher education and economic
development, environment and natural resources, activities or programs of
Department of Commerce, agriculture, veterans affairs, transportation, public
safety, judiciary, Uniform Laws Commission, Private Detective Board, human
rights, corrections, Sentencing Guidelines Commission, minority boards, public
facilities authority, tourism, humanities, public broadcasting, zoos, science
museum, and Housing Finance Agency; modifying loan, grant, and scholarship
provisions; funding certain projects for veterans; increasing bond limits;
establishing a central system office and governing credit transfers for the
Minnesota State Colleges and Universities; requiring bond issues for certain
projects; modifying investment disposition of mineral fund; modifying mineral
fund payments in lieu of taxes; providing for or modifying certain provisions
relating to membership of tourism council and film and TV reimbursement
amounts; modifying provisions relating to continuing education for certain
licensed occupations, securities transaction exemptions, mortgages, and
operation of state government; modifying certain Boards of Barber Examiners and
Cosmetology provisions; establishing a new trunk highway emergency relief
account; amending provisions related to trunk highway bonding, hazardous
materials permits, fire safety account, uses of public safety service fee,
grants for emergency shelters, and in-service training for peace officers;
authorizing county sentence to service programs to charge fees; changing
provisions relating to agriculture and veterans affairs; changing provisions
for expenses of governor-elect, disposal of old state-owned buildings, public
access to parking spaces, fleet management, and lease purchase agreements;
providing for operation of a state recycling center and a state Webmaster for
state Web sites; providing for Web access to appropriations information;
requiring two-sided printing for state use; requiring standards to enhance
public access to state electronic data; creating a commission to reengineer
delivery of government services; providing for transfers to Help America Vote
Act account; changing and creating funds and accounts; modifying provisions for
tax return preparers; requesting proposals for enhancing the state's tax
collection process and revenues; authorizing and adjusting fees; establishing a
pilot project; making technical changes; requiring reports; providing for
rulemaking; amending Minnesota Statutes 2008, sections 4.51; 16B.04,
subdivision 2; 16B.24, subdivision 3; 16B.48, subdivision 2; 16E.04,
subdivision 2; 16E.05, by adding a subdivision; 18G.07; 79.34, subdivision 1;
80A.46; 80A.65, subdivision 1; 97A.061, subdivision 1; 103G.705, subdivision 2;
115A.15, subdivision 6; 116L.17, subdivision 2; 116U.25; 116U.26; 136A.121,
subdivision 6; 136A.1701, subdivision 4; 136A.29, subdivision 9; 154.06;
154.065, subdivision 2; 154.07, by adding a subdivision; 154.15, by adding a
subdivision; 161.04, by adding a subdivision; 297I.06, subdivision 3; 326B.148,
subdivision 1; 403.11, subdivision 1; 471.6175, subdivision 4; 477A.12,
subdivision 1; 611A.32, subdivisions 1, 2; 626.8458, subdivision 5; Minnesota
Statutes 2009 Supplement, sections 16A.82; 16E.02, subdivision 1; 45.30,
subdivision 6; 136A.121, subdivision 9; 136F.98, subdivision 1; 154.002;
154.003; 155A.23, by adding a subdivision; 155A.24, subdivision 2, by adding
subdivisions; 155A.25; 190.19, subdivision 2a; 198.003, subdivision 4a;
270C.145; 289A.08, subdivision 16; 298.294; 299A.45, subdivision 1; 357.021,
subdivision 7; Laws 2007, chapter 45, article 1, section 3, subdivisions 4, as
amended, 5, as amended; Laws 2008, chapter 152, article 2, section 3,
subdivision 2; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter
78, article 1, section 3, subdivision 2; article 7, section 2; Laws 2009,
chapter 83, article 1, sections 10, subdivisions 4, 7; 11; 14, subdivision 2;
Laws 2009, chapter 94, article 1, section 3, subdivision 5; article 3, section
2, subdivision 3; Laws 2009, chapter 95, article 1, sections 3, subdivisions 6,
21; 5, subdivision 2; Laws 2009, chapter 101, article 1, section 31; proposing
coding for new law in Minnesota Statutes, chapters 10; 15B; 16A; 16B; 97A;
136A; 136F; 631; repealing Minnesota Statutes 2008, sections 13.721,
subdivision 4; 136A.127, subdivisions 1, 3, 5, 6, 7, 10, 11; 154.07,
subdivision 5; 176.135, subdivision 1b; 221.0355, subdivisions 1, 2, 3, 4, 5,
6, 7, 7a, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18; Minnesota Statutes 2009
Supplement, sections 135A.61; 136A.121, subdivision 9b; 136A.127, subdivisions
2, 4, 9, 9b, 10a, 14.
Reported the
same back with the following amendments:
Page 14, line
20, before the period, insert "and that has no more than $2,500,000,000
in assets"
Page 20, line
20, delete the second "$228,000" and insert "$312,000"
Page 21, line
17, delete "$90,000" and insert "$6,000"
Page 27, line
18, delete "(446,000)" and insert "(177,000)"
Page 28, line
28, delete "(250,000)" and insert "(100,000)"
Page 33, line
23, delete "and"
Page 33, line
27, delete the period and insert "; and"
Page 33, after
line 27, insert:
"(15)
$4,000 in the first year is from the petroleum inspection fee established in
Minnesota Statutes, section 239.101, for renewable energy equipment grants."
Page 63, line
23, delete "Military" and insert "Minnesota"
Page 65, delete
section 6
Page 76, after
line 1, insert:
"Sec.
12. ADJUSTMENT.
The amounts
appropriated in Laws 2009, chapter 78, article 1, section 3, subdivision 3,
paragraph (aa), for adult and displaced worker programs, are available for the
appropriated purposes until April 1, 2010, and after that date are available
for the purposes of serving formula individual dislocated workers from small
layoffs under Minnesota Statutes, section 116L.17. None of these amounts may be used for
administrative costs by either the commissioner of employment and economic development
or the local workforce investment boards.
EFFECTIVE DATE.
This section is effective the day following final enactment."
Page 76, after
line 5, insert:
"ARTICLE 8
MISCELLANEOUS
ECONOMIC DEVELOPMENT
Section 1. Minnesota Statutes 2008, section 116L.17,
subdivision 2, is amended to read:
Subd. 2. Grants. The board shall make grants to workforce
service areas or other eligible organizations to provide services to dislocated
workers as follows:
(a) The board
shall allocate funds available for the purposes of this section in its discretion
to respond to substantial layoffs and plant closings.
(b) The board
shall regularly allocate funds to provide services to individual dislocated
workers or small groups. The initial
allocation for this purpose must be 50 percent of the deposits and transfers
into the workforce development fund, less any collection costs paid out of the
fund and any amounts appropriated by the legislature from the workforce
development fund for programs other than the state dislocated worker program.
(c) Following the
initial allocation, the board may consider additional allocations to provide
services to individual dislocated workers.
The board's decision to allocate additional funds shall be based on
relevant economic indicators including: the
number of substantial layoffs to date, notices of substantial layoffs for the
remainder of the fiscal year, evidence of declining industries, the number of
permanently separated individuals applying for unemployment benefits by
workforce service area, and the number of individuals exhausting unemployment
benefits by workforce service area. The
board must also consider expenditures of allocations to workforce service areas
under paragraph (b) made during the first two quarters of the fiscal year and
federal resources that have been or are likely to be allocated to Minnesota for
the purposes of serving dislocated workers affected by substantial layoffs or
plant closings; except that this sentence does not apply in fiscal year 2011.
(d) The board
may, in its discretion, allocate funds carried forward from previous years
under subdivision 9 for large, small, or individual layoffs.
EFFECTIVE DATE.
This section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2009 Supplement, section
154.002, is amended to read:
154.002 OFFICERS; COMPENSATION; FEES; EXPENSES.
The Board of
Barber Examiners shall annually elect a chair and secretary. It shall adopt and use a common seal for the
authentication of its orders and records.
The board shall appoint an executive secretary who or enter
into an interagency agreement to procure the services of an executive secretary. The executive secretary shall not be a
member of the board and who shall be in the unclassified civil
service. The position of executive
secretary may be a part-time position.
The executive
secretary shall keep a record of all proceedings of the board. The expenses of administering this chapter
shall be paid from the appropriations made to the Board of Barber Examiners.
Each member of
the board shall take the oath provided by law for public officers.
A majority of
the board, in meeting assembled, may perform and exercise all the duties and
powers devolving upon the board.
The members of
the board shall receive compensation for each day spent on board activities,
but not to exceed 20 days in any calendar month nor 100 days in any calendar
year.
The board shall
have authority to employ such inspectors, clerks, deputies, and other
assistants as it may deem necessary to carry out the provisions of this
chapter.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2009 Supplement, 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 board
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 $85;
(2) examination
and certificate, apprentice, $60 $80;
(3)
examination, instructor, $160 $180;
(4)
certificate, instructor, $45 $65;
(5) temporary
teacher or apprentice permit, $60 $80;
(6) renewal of
license, registered barber, $60 $80;
(7) renewal of
license, apprentice, $50 $70;
(8) renewal of
license, instructor, $60 $80;
(9) renewal of
temporary teacher permit, $45 $65;
(10) student
permit, $25 $45;
(11) initial
shop registration, $65 $85;
(12) initial
school registration, $1,010 $1,030;
(13) renewal
shop registration, $65 $85;
(14) renewal
school registration, $260 $280;
(15)
restoration of registered barber license, $75 $95;
(16)
restoration of apprentice license, $70 $90;
(17)
restoration of shop registration, $85 $105;
(18) change of
ownership or location, $35 $55;
(19) duplicate
license, $20 $40; and
(20) home study
course, $75; and $95.
(21)
registration of hair braiders, $20 per year.
Sec. 4. Minnesota Statutes 2008, section 154.06, is
amended to read:
154.06 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS
A REGISTERED APPRENTICE.
Subdivision
1. Qualifications;
duration of registration. (a)
A person is qualified to receive a certificate of registration as a
registered apprentice:
(1) who has
completed at least ten grades of an approved school;
(2) who has
graduated from a barber school approved by the board; and
(3) who has
passed an examination conducted by the board to determine fitness to practice
as a registered apprentice.
(b) An applicant for a certificate of
registration to practice as an apprentice who fails to pass the examination
conducted by the board is required to complete a further course of study of at
least 500 hours, of not more than eight hours in any one working day, in a
barber school approved by the board.
(c) A certificate of registration of an
apprentice shall be valid for four years from the date the certificate of
registration is issued by the board and shall not be renewed. During the four-year period the certificate
of registration shall remain in full force and effect only if the apprentice
complies with all the provisions of sections 154.001, 154.002, 154.003, 154.01 to
154.161, 154.19 to 154.21, and 154.24 to 154.26, including the payment of an
annual fee, and the rules of the board.
Subd. 2.
Limited extension of
registration. (a) If a
registered apprentice, during the term in which the certificate of registration
is in effect, enters full-time active duty in the armed forces of the United
States of America, the expiration date of the certificate of registration shall
be extended by a period of time equal to the period or periods of active duty.
(b) This
paragraph applies when a person graduates from a barber school approved by the
board and is issued a certificate of registration while incarcerated by the
Department of Corrections or the Federal Bureau of Prisons. The expiration date of the certificate shall
be extended once so that it expires four years from the date of the person's
first release from a correctional facility after becoming a registered
apprentice.
Sec. 5. Minnesota Statutes 2008, section 154.065,
subdivision 2, is amended to read:
Subd. 2. Qualifications. A person is qualified to receive a
certificate of registration as an instructor of barbering who:
(1) is a
graduate from an approved high school, or its equivalent, as determined by
examination by the Department of Education;
(2) has qualified
for a teacher's or instructor's vocational certificate successfully
completed at least 38 hours of training in a program or programs approved by
the board and that will provide the knowledge and skills necessary to instruct
in the field of barbering;
(3) has at
least three years experience as is currently a registered barber in
this state, or its equivalent as determined by the board with at
least 1,400 hours of experience as a registered barber; and
(4) has passed
an examination conducted by the board to determine fitness to instruct in
barbering.
A certificate
of registration under this section is provisional until a teacher's or
instructor's vocational certificate has been issued by the Department of
Education. A provisional certificate of
registration is valid for 30 days and is not renewable.
Sec. 6. Minnesota Statutes 2008, section 154.07, is
amended by adding a subdivision to read:
Subd. 7.
Transfer students. When a student has paid or made
arrangement to pay all applicable tuition fees to a barbering school, that
school shall certify a student's hours to another school within ten days of the
student's written request. The former
school may charge a nominal fee for providing this certification and transfer
of hours.
Sec. 7. Minnesota Statutes 2008, section 154.15, is
amended by adding a subdivision to read:
Subd. 3.
Continuing education required
for registered instructors. (a)
A registered instructor of barbering may not renew a certificate of
registration without satisfying the following continuing education
requirements:
(1) a
registered instructor must submit proof of at least five continuing education
credits earned since the original certification or latest renewal, whichever is
latest, unless the registered instructor has failed to renew as described in
subdivision 2; and
(2) a
registered instructor who fails to renew may not be reinstated under
subdivision 2 without proof of at least five continuing education credits
earned since the original certification or latest renewal, whichever is latest,
plus an additional 2.5 credits for each six months, or portion thereof, in
excess of the date of the original failure to renew, calculated from the date
that the board receives the application for renewal.
(b) For
purposes of this subdivision, a registered instructor may earn continuing
education credits as follows:
(1) one
credit for every five hours of service as a voting member on a board,
commission, task force, or nonprofit organization;
(2) one
credit for each credit earned for completing a class or course at a
postsecondary institution, a degree-granting college or university, or a trade
and technical school that grants associate degrees; and
(3) one
credit for every five hours of attendance at a trade show or formal class offered
by an organization related to barbering or cosmetology.
Sec. 8. Minnesota Statutes 2009 Supplement, section
155A.23, is amended by adding a subdivision to read:
Subd. 5a.
Individual license. "Individual license" means a
license described in section 155A.25, subdivision 1, paragraph (a), clauses (1)
and (2).
Sec. 9. Minnesota Statutes 2009 Supplement, section
155A.24, subdivision 2, is amended to read:
Subd. 2. Hiring
and assignment of employees. The
board has the authority to hire qualified personnel in the classified service
to assist in administering the law, including those for the testing and
licensing of applicants and the continuing inspections required. All staff must receive periodic training
to improve and maintain customer service skills.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2009 Supplement, section
155A.24, is amended by adding a subdivision to read:
Subd. 3.
Feedback. The board must provide access on its Web
site for customers to provide feedback on interaction with the board and board
staff. The information posted to the Web
site by customers must be readily accessible to the public. The board must also record each complaint it
receives, the board's response, and the time elapsed in responding to and
resolving each complaint.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2009 Supplement, section
155A.24, is amended by adding a subdivision to read:
Subd. 4.
Report. The board must report by January 15 each
year to the standing committees of the house of representatives and the senate
having jurisdiction over the board on its customer service training and its
complaint resolution activities.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2009 Supplement, section
155A.25, is amended to read:
155A.25 COSMETOLOGY FEES; LICENSE EXPIRATION
DATE.
Subdivision
1. Schedule. The fee schedule for licensees is as follows
for licenses issued prior to July 1, 2010, and after June 30, 2013:
(a) Three-year
license fees:
(1)
cosmetologist, manicurist, esthetician, $90 for each initial license, and $60
for each renewal;
(2) instructor,
manager, $120 for each initial license, and $90 for each renewal;
(3) salon, $130
for each initial license, and $100 for each renewal; and
(4) school,
$1,500.
(b) Penalties:
(1)
reinspection fee, variable;
(2) manager and
owner with lapsed practitioner, $150 each;
(3) expired
cosmetologist, manicurist, esthetician, manager, school manager, and instructor
license, $45; and
(4) expired
salon or school license, $50.
(c)
Administrative fees:
(1) certificate
of identification, $20;
(2) school
original application, $150;
(3) name
change, $20;
(4) letter of
license verification, $30;
(5) duplicate
license, $20;
(6) processing
fee, $10; and
(7) special
event permit, $75 per year; and
(8)
registration of hair braiders, $20 per year.
(d) All fees
established in this subdivision must be paid to the executive secretary of the
board. The executive secretary of the
board shall deposit the fees in the general fund in the state treasury.
Subd. 1a.
Schedule. The fee schedule for licensees is as
follows for licenses issued after June 30, 2010, and prior to July 1, 2013:
(a)
Three-year license fees:
(1)
cosmetologist, manicurist, or esthetician:
(i) $90 for
each initial license and a $40 nonrefundable initial license application fee,
for a total of $130; and
(ii) $60 for
each renewal and a $15 nonrefundable renewal application fee, for a total of
$75;
(2)
instructor or manager:
(i) $120 for
each initial license and a $40 nonrefundable initial license application fee,
for a total of $160; and
(ii) $90 for
each renewal and a $15 nonrefundable renewal application fee, for a total of
$105;
(3) salon:
(i) $130 for
each initial license and a $100 nonrefundable initial license application fee,
for a total of $230; and
(ii) $100
for each renewal and a $50 nonrefundable renewal application fee, for a total
of $150; and
(4) school:
(i) $1,500
for each initial license and a $1,000 nonrefundable initial license application
fee, for a total of $2,500; and
(ii) $1,500
for each renewal and a $500 nonrefundable renewal application fee, for a total
of $2,000.
(b)
Penalties:
(1)
reinspection fee, variable;
(2) manager
and owner with lapsed practitioner, $150 each;
(3) expired
cosmetologist, manicurist, esthetician, manager, school manager, and instructor
license, $45; and
(4) expired
salon or school license, $50.
(c)
Administrative fees:
(1)
certificate of identification, $20;
(2) name
change, $20;
(3) letter
of license verification, $30;
(4)
duplicate license, $20;
(5)
processing fee, $10;
(6) special
event permit, $75 per year; and
(7)
registration of hair braiders, $20 per year.
Subd. 1b.
Fees disposition;
appropriation. (a) All fees
established in subdivisions 1 and 1a must be paid to the executive secretary of
the board.
(b) The
executive secretary of the board shall deposit all fees in the general fund in
the state treasury.
Subd. 2. Refunds. Refunds shall be given in the following
situations: overpayment; death or
permanent disability before the effective date of a license; or an individual's
ineligibility for licensure. Applicants
determined ineligible to receive a license will be refunded the license fee
minus any processing fee and minus any application fee this section
requires.
Subd. 3. Other
licenses. A licensee who applies for
licensing in a second category shall pay the full license fee and
application fee for the second category of license.
Subd. 4.
License expiration date. The board shall, in a manner determined by
the board and without the need for rulemaking under chapter 14, phase in
changes to initial and renewal license expiration dates so that by
January 1, 2014:
(1)
individual licenses expire on the last day of the licensee's birth month of the
year due; and
(2) salon
licenses expire on the last day of the month of initial licensure of the year
due.
Subd. 5.
Board must approve or deny
application; timeline. Within
15 working days of receiving a complete application and the required fees for
an initial or renewal individual or salon license, the board must (1) either
grant or deny the application, (2) issue the license or notify the applicant of
the denial, or (3) issue a temporary license to an applicant for whom no record
exists regarding: (i) a complaint filed
with the board against the applicant; or (ii) a negative action by the board
against the applicant.
Sec. 13. Minnesota Statutes 2008, section 326B.148,
subdivision 1, is amended to read:
Subdivision
1. Computation. To defray the costs of administering sections
326B.101 to 326B.194, a surcharge is imposed on all permits issued by
municipalities in connection with the construction of or addition or alteration
to buildings and equipment or appurtenances after June 30, 1971. The commissioner may use any surplus in
surcharge receipts to award grants for code research and development and
education.
If the fee for
the permit issued is fixed in amount the surcharge is equivalent to one-half
mill (.0005) of the fee or 50 cents, except that effective July 1, 2010,
until June 30, 2011, the permit surcharge is equivalent to one-half mill
(.0005) of the fee or $5, whichever amount is greater. For all other permits, the surcharge is as
follows:
(1) if the
valuation of the structure, addition, or alteration is $1,000,000 or less, the
surcharge is equivalent to one-half mill (.0005) of the valuation of the
structure, addition, or alteration;
(2) if the
valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths mill
(.0004) of the value between $1,000,000 and $2,000,000;
(3) if the
valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
mill (.0003) of the value between $2,000,000 and $3,000,000;
(4) if the
valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
mill (.0002) of the value between $3,000,000 and $4,000,000;
(5) if the
valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
mill (.0001) of the value between $4,000,000 and $5,000,000; and
(6) if the
valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth mill
(.00005) of the value that exceeds $5,000,000.
Sec. 14. RULEMAKING.
Subdivision
1. Conforming
changes. The Board of
Cosmetologist Examiners must amend Minnesota Rules, parts 2105.0200 and
2105.0330, to conform to the license expiration date requirements of Minnesota
Statutes, section 155A.25, subdivision 4, by specifying that individual or
salon licenses expire on the last day of an individual's birth month of the
year due, or on the last day of the month of initial licensure of the year due.
Subd. 2.
Good cause exemption. The Board of Cosmetologist Examiners must
use the good cause exemption under Minnesota Statutes, section 14.388,
subdivision 1, clause (3), to adopt the rules required by this section. Minnesota Statutes, section 14.386, does not
apply except as provided in Minnesota Statutes, section 14.388.
Sec. 15. EXPEDITED
RULES; PLUMBING BOARD.
The Plumbing
Board shall have expedited rulemaking authority provided under Minnesota
Statutes, section 14.389 for expedited rules regarding water-free urinals that
meet the Minnesota Plumbing Board standards.
This authority expires December 31, 2010.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 16. REPEALER.
Minnesota
Statutes 2008, sections 154.07, subdivision 5; and 176.135, subdivision 1b, are
repealed."
Page 86, delete
section 6
Page 96, delete
section 20 and insert:
"Sec.
20. Minnesota Statutes 2008, section
641.12, is amended by adding a subdivision to read:
Subd. 4.
Sentencing to service fees. (a) A county board may require that an
offender who participates in sentencing to service pay a fee.
(b) A county
may assess a fee to entities that receive direct benefit from sentencing to
service work crews."
Page 105,
delete lines 9 to 16 and insert:
"The
Legislative Coordinating Commission must ensure that the house of
representatives and the senate have improved ability to access and analyze
public data contained in executive branch accounting, procurement, and budget
systems. The commission must issue a
request for information or a request for proposals for the legislature to
obtain business intelligence and information analytics software or software
services."
Page 106, line
11, delete "(335,000)" and insert "(419,000)"
Page 106, line
22, after the period, insert "The general fund base budget for the
government and citizens services program is $8,936,000 in fiscal year 2012 and
$8,936,000 in fiscal year 2013."
Page 106, line
23, delete "is" and insert "and $31,000 in fiscal year
2011 are"
Page 110,
delete section 21 and insert:
"Sec.
21. [16A.0561]
MAPPED DATA ON EXPENDITURES.
(a) Data on
expenditure of money from the funds as specified under sections 3.303,
subdivision 10, and 116P.08, may, if practicable, be made available on the Web
in a manner that allows the public to obtain information about a project
receiving an appropriation by clicking on a map. To the extent feasible, the map should
include or link to information about each project, including, but not limited
to, the location, the name of the entity receiving the appropriation, the
source of the appropriation, the amount of money received, and a general
statement of the purpose of the appropriation.
(b) If
requested, the Legislative Coordinating Commission may, to the extent
practicable, provide relevant executive branch agencies with public geospatial
data that it receives for its Web site required under section 3.303, subdivision
10. The commissioner may make this
information available to the public in a similar manner as information provided
under paragraph (a).
(c) In
creating plans for public expenditures from all geographically locatable or
project based appropriations, prospective budget and project planning should
consider geographic and data reporting that would facilitate the goals of this
section."
Page 128,
delete article 15
Page 128, after
line 19, insert:
"ARTICLE
16
AIDS AND
CREDITS
Section 1. Minnesota Statutes 2008, section 273.1384, is
amended by adding a subdivision to read:
Subd. 6.
Credit reduction. In 2011 and each year thereafter, the
market value credit reimbursement amount for each taxing jurisdiction
determined under this section is reduced by the dollar amount of the reduction
in market value credit reimbursements for that taxing jurisdiction in 2010 due
to unallotment reductions announced prior to February 28, 2010, under section
16A.152. No taxing jurisdiction's market
value credit reimbursements are reduced
to less than
zero under this subdivision. The
commissioner of revenue shall pay the annual market value credit reimbursement
amounts, after reduction under this subdivision, to the affected taxing
jurisdictions as provided in this section.
EFFECTIVE DATE.
This section is effective for taxes payable in 2011 and thereafter.
Sec. 2. Minnesota Statutes 2009 Supplement, section
275.70, subdivision 5, is amended to read:
Subd. 5. Special
levies. "Special levies"
means those portions of ad valorem taxes levied by a local governmental unit
for the following purposes or in the following manner:
(1) to pay the
costs of the principal and interest on bonded indebtedness or to reimburse for
the amount of liquor store revenues used to pay the principal and interest due
on municipal liquor store bonds in the year preceding the year for which the
levy limit is calculated;
(2) to pay the
costs of principal and interest on certificates of indebtedness issued for any
corporate purpose except for the following:
(i) tax
anticipation or aid anticipation certificates of indebtedness;
(ii)
certificates of indebtedness issued under sections 298.28 and 298.282;
(iii)
certificates of indebtedness used to fund current expenses or to pay the costs
of extraordinary expenditures that result from a public emergency; or
(iv)
certificates of indebtedness used to fund an insufficiency in tax receipts or
an insufficiency in other revenue sources;
(3) to provide
for the bonded indebtedness portion of payments made to another political
subdivision of the state of Minnesota;
(4) to fund
payments made to the Minnesota State Armory Building Commission under section
193.145, subdivision 2, to retire the principal and interest on armory
construction bonds;
(5) property
taxes approved by voters which are levied against the referendum market value
as provided under section 275.61;
(6) to fund
matching requirements needed to qualify for federal or state grants or programs
to the extent that either (i) the matching requirement exceeds the matching
requirement in calendar year 2001, or (ii) it is a new matching requirement
that did not exist prior to 2002;
(7) to pay the
expenses reasonably and necessarily incurred in preparing for or repairing the
effects of natural disaster including the occurrence or threat of widespread or
severe damage, injury, or loss of life or property resulting from natural
causes, in accordance with standards formulated by the Emergency Services
Division of the state Department of Public Safety, as allowed by the
commissioner of revenue under section 275.74, subdivision 2;
(8) pay amounts
required to correct an error in the levy certified to the county auditor by a
city or county in a levy year, but only to the extent that when added to the preceding
year's levy it is not in excess of an applicable statutory, special law or
charter limitation, or the limitation imposed on the governmental subdivision
by sections 275.70 to 275.74 in the preceding levy year;
(9) to pay an
abatement under section 469.1815;
(10) to pay any
costs attributable to increases in the employer contribution rates under
chapter 353, or locally administered pension plans, that are effective after
June 30, 2001;
(11) to pay the
operating or maintenance costs of a county jail as authorized in section 641.01
or 641.262, or of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), to the extent that the county can demonstrate to
the commissioner of revenue that the amount has been included in the county
budget as a direct result of a rule, minimum requirement, minimum standard, or
directive of the Department of Corrections, or to pay the operating or
maintenance costs of a regional jail as authorized in section 641.262. For purposes of this clause, a district court
order is not a rule, minimum requirement, minimum standard, or directive of the
Department of Corrections. If the county
utilizes this special levy, except to pay operating or maintenance costs of a
new regional jail facility under sections 641.262 to 641.264 which will not
replace an existing jail facility, any amount levied by the county in the
previous levy year for the purposes specified under this clause and included in
the county's previous year's levy limitation computed under section 275.71,
shall be deducted from the levy limit base under section 275.71, subdivision 2,
when determining the county's current year levy limitation. The county shall provide the necessary
information to the commissioner of revenue for making this determination;
(12) to pay for
operation of a lake improvement district, as authorized under section
103B.555. If the county utilizes this
special levy, any amount levied by the county in the previous levy year for the
purposes specified under this clause and included in the county's previous
year's levy limitation computed under section 275.71 shall be deducted from the
levy limit base under section 275.71, subdivision 2, when determining the
county's current year levy limitation.
The county shall provide the necessary information to the commissioner
of revenue for making this determination;
(13) to repay a
state or federal loan used to fund the direct or indirect required spending by
the local government due to a state or federal transportation project or other
state or federal capital project. This
authority may only be used if the project is not a local government initiative;
(14) to pay for
court administration costs as required under section 273.1398, subdivision 4b,
less the (i) county's share of transferred fines and fees collected by the
district courts in the county for calendar year 2001 and (ii) the aid amount
certified to be paid to the county in 2004 under section 273.1398, subdivision
4c; however, for taxes levied to pay for these costs in the year in which the
court financing is transferred to the state, the amount under this clause is
limited to the amount of aid the county is certified to receive under section
273.1398, subdivision 4a;
(15) to fund a
police or firefighters relief association as required under section 69.77 to
the extent that the required amount exceeds the amount levied for this purpose
in 2001;
(16) for
purposes of a storm sewer improvement district under section 444.20;
(17) to pay for
the maintenance and support of a city or county society for the prevention of
cruelty to animals under section 343.11, but not to exceed in any year $4,800
or the sum of $1 per capita based on the county's or city's population as of
the most recent federal census, whichever is greater. If the city or county uses this special levy,
any amount levied by the city or county in the previous levy year for the
purposes specified in this clause and included in the city's or county's
previous year's levy limit computed under section 275.71, must be deducted from
the levy limit base under section 275.71, subdivision 2, in determining the
city's or county's current year levy limit;
(18) for
counties, to pay for the increase in their share of health and human service
costs caused by reductions in federal health and human services grants
effective after September 30, 2007;
(19) for a city,
for the costs reasonably and necessarily incurred for securing, maintaining, or
demolishing foreclosed or abandoned residential properties, as allowed by the
commissioner of revenue under section 275.74, subdivision 2. A city must have either (i) a foreclosure
rate of at least 1.4 percent in 2007, or (ii) a foreclosure rate in 2007 in the
city or in a zip code area of the city that is at least 50 percent higher than
the average foreclosure rate in the metropolitan area, as defined in section
473.121, subdivision 2, to use this special levy. For purposes of this paragraph,
"foreclosure rate" means the number of foreclosures, as indicated by
sheriff sales records, divided by the number of households in the city in 2007;
(20) for a city,
for the unreimbursed costs of redeployed traffic-control agents and lost
traffic citation revenue due to the collapse of the Interstate 35W bridge, as
certified to the Federal Highway Administration;
(21) to pay
costs attributable to wages and benefits for sheriff, police, and fire
personnel. If a local governmental unit
did not use this special levy in the previous year its levy limit base under
section 275.71 shall be reduced by the amount equal to the amount it levied for
the purposes specified in this clause in the previous year;
(22) an amount
equal to any reductions in the certified aids or credits payable under sections
477A.011 to 477A.014, and section 273.1384, due to unallotment under section
16A.152 or reductions under another provision of law. The amount of the levy allowed under this
clause is equal to the amount unallotted or reduced in the calendar year
in which the tax is levied unless the unallotment or reduction amount is
not known by September 1 of the levy year, and the local government has not
adjusted its levy under section 275.065, subdivision 6, or 275.07, subdivision
6, in which case the unallotment or reduction amount may be levied in
the following year;
(23) to pay for
the difference between one-half of the costs of confining sex offenders
undergoing the civil commitment process and any state payments for this purpose
pursuant to section 253B.185, subdivision 5;
(24) for a
county to pay the costs of the first year of maintaining and operating a new
facility or new expansion, either of which contains courts, corrections,
dispatch, criminal investigation labs, or other public safety facilities and
for which all or a portion of the funding for the site acquisition, building
design, site preparation, construction, and related equipment was issued or
authorized prior to the imposition of levy limits in 2008. The levy limit base shall then be increased
by an amount equal to the new facility's first full year's operating costs as
described in this clause; and
(25) for the
estimated amount of reduction to credits market value credit
reimbursements under section 273.1384 for credits payable in the year in
which the levy is payable.
EFFECTIVE DATE.
This section is effective for taxes payable in 2011 and thereafter.
Sec. 3. Minnesota Statutes 2008, section 477A.013,
subdivision 9, is amended to read:
Subd. 9. City
aid distribution. (a) In calendar
year 2009 and thereafter, each city shall receive an aid distribution equal to
the sum of (1) the city formula aid under subdivision 8, and (2) its city aid
base.
(b) For aids
payable in 2009 2010 only, the total aid for any city shall not
exceed the sum of (1) 35 percent of the city's net levy for the year prior to
the aid distribution, plus (2) its total aid in the previous year mean
the amount of aid it was certified to receive for aids payable in 2010 under
this section minus the amount of its aid reduction under section
477A.0133. For aids payable in 2011 and
thereafter, the total aid for any city means the amount of aid it was certified
to receive under this section in the previous payable year.
(c) For aids
payable in 2010 and thereafter, the total aid for any city shall not exceed the
sum of (1) ten percent of the city's net levy for the year prior to the aid
distribution plus (2) its total aid in the previous year. For aids payable in 2009 and thereafter, the
total aid for any city with a population of 2,500 or more may not be less than
its total aid under this section in the previous year minus the lesser of $10
multiplied by its population, or ten percent of its net levy in the year prior
to the aid distribution.
(d) For aids
payable in 2010 and thereafter, the total aid for a city with a population less
than 2,500 must not be less than the amount it was certified to receive in the
previous year minus the lesser of $10 multiplied by its population, or five
percent of its 2003 certified aid amount.
For aids payable in 2009 only, the total aid for a city with a
population less than 2,500 must not be less than what it received under this
section in the previous year unless its total aid in calendar year 2008 was aid
under section 477A.011, subdivision 36, paragraph (s), in which case its
minimum aid is zero.
(e) A city's
aid loss under this section may not exceed $300,000 in any year in which the
total city aid appropriation under section 477A.03, subdivision 2a, is equal or
greater than the appropriation under that subdivision in the previous year,
unless the city has an adjustment in its city net tax capacity under the
process described in section 469.174, subdivision 28.
(f) If a city's
net tax capacity used in calculating aid under this section has decreased in
any year by more than 25 percent from its net tax capacity in the previous year
due to property becoming tax-exempt Indian land, the city's maximum allowed aid
increase under paragraph (c) shall be increased by an amount equal to (1) the
city's tax rate in the year of the aid calculation, multiplied by (2) the
amount of its net tax capacity decrease resulting from the property becoming
tax exempt.
EFFECTIVE DATE.
This section is effective for aids payable in calendar year 2011 and
thereafter.
Sec. 4. [477A.0133]
ADDITIONAL 2010 AID AND CREDIT REDUCTIONS.
Subdivision
1. Definitions. (a) For the purposes of this section, the
following terms have the meanings given them in this subdivision.
(b) The
"2010 revenue base" for a county is the sum of the county's certified
property tax levy for taxes payable in 2010, plus the amount of county program
aid under section 477A.0124 that the county was certified to receive in 2010,
plus the amount of taconite aids under sections 298.28 and 298.282 that the
county was certified to receive in 2010 including any amounts required to be
placed in a special fund for distribution in a later year.
(c) The
"2010 revenue base" for a statutory or home rule charter city is the
sum of the city's certified property tax levy for taxes payable in 2010, plus
the amount of local government aid under section 477A.013, subdivision 9, that
the city was certified to receive in 2010, plus the amount of taconite aids
under sections 298.28 and 298.282 that the city was certified to receive in
2010 including any amounts required to be placed in a special fund for
distribution in a later year.
Subd. 2.
2010 reductions; counties, and
cities. The commissioner of
revenue must compute additional 2010 aid and credit reimbursement reduction
amounts for each county and city under this section, after implementing any
reduction of county program aid under section 477A.0124, local government aid
under section 477A.013, or market value credit reimbursements under section
273.1384, to reflect the reduction of allotments under section 16A.152.
The
additional reduction amounts under this section are limited to the sum of the
amount of county program aid under section 477A.0124, local government aid
under section 477A.013, and market value credit reimbursements under section
273.1384 payable to the county or city in 2010 before the reductions in this
section, but after the reductions for unallotments.
The
reduction amount under this section is applied first to reduce the amount
payable to the county or city in 2010 as market value credit reimbursements
under section 273.1384, and then if necessary, to reduce the amount payable as
either county program aid under section 477A.0124 in the case of a county, or
local government aid under section 477A.013 in the case of a city.
No aid or
reimbursement amount is reduced to less than zero under this section.
The
additional 2010 aid reduction amount for a county is equal to 1.82767 percent
of the county's 2010 revenue base. The
additional 2010 aid reduction amount for a city is equal to the lesser of (1) 3.4287
percent of the city's 2010 revenue base or (2) $28 multiplied by the city's
2008 population.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2008, section 477A.03,
subdivision 2a, is amended to read:
Subd. 2a. Cities. For aids payable in 2009 2011 and
thereafter, the total aid paid under section 477A.013, subdivision 9, is $526,148,487,
subject to adjustment in subdivision 5 $520,725,315.
EFFECTIVE DATE.
This section is effective for aids payable in 2011 and thereafter.
Sec. 6. Minnesota Statutes 2008, section 477A.03,
subdivision 2b, is amended to read:
Subd. 2b. Counties. (a) For aids payable in 2009 2011 and
thereafter, the total aid payable under section 477A.0124, subdivision 3, is $111,500,000
minus one-half of the total aid amount determined under section 477A.0124,
subdivision 5, paragraph (b), subject to adjustment in subdivision 5
$99,572,700. Each calendar year,
$500,000 shall be retained by the commissioner of revenue to make
reimbursements to the commissioner of management and budget for payments made
under section 611.27. For calendar year
2004, the amount shall be in addition to the payments authorized under section
477A.0124, subdivision 1. For calendar
year 2005 and subsequent years, the amount shall be deducted from the
appropriation under this paragraph. The
reimbursements shall be to defray the additional costs associated with
court-ordered counsel under section 611.27.
Any retained amounts not used for reimbursement in a year shall be
included in the next distribution of county need aid that is certified to the
county auditors for the purpose of property tax reduction for the next taxes
payable year.
(b) For aids
payable in 2009 2011 and thereafter, the total aid under section
477A.0124, subdivision 4, is $116,132,923 minus one-half of the total aid
amount determined under section 477A.0124, subdivision 5, paragraph (b),
subject to adjustment in subdivision 5 $104,487,304. The commissioner of management and budget
shall bill the commissioner of revenue for the cost of preparation of local
impact notes as required by section 3.987, not to exceed $207,000 in fiscal
year 2004 and thereafter. The
commissioner of education shall bill the commissioner of revenue for the cost
of preparation of local impact notes for school districts as required by
section 3.987, not to exceed $7,000 in fiscal year 2004 and thereafter. The commissioner of revenue shall deduct the
amounts billed under this paragraph from the appropriation under this
paragraph. The amounts deducted are
appropriated to the commissioner of management and budget and the commissioner
of education for the preparation of local impact notes.
EFFECTIVE DATE.
This section is effective for aids payable in 2011 and thereafter.
Sec. 7. REPEALER.
Minnesota
Statutes 2008, section 477A.03, subdivision 5, is repealed.
EFFECTIVE DATE.
This section is effective for aids payable in 2011 and thereafter."
Renumber the
articles and sections in sequence and correct the internal references
Amend the title
as follows:
Page 1, line 2,
delete "of" and insert "and operation of state and local"
Page 1, line
34, before "authorizing" insert "modifying calculation of state
aids and credits for local government;"
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 1828,
A bill for an act relating to municipal planning; authorizing amendments to a
municipal comprehensive plan for affordable housing to be approved by a simple
majority; amending Minnesota Statutes 2008, section 462.355, subdivision 3.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Thissen from
the Committee on Health Care and Human Services Policy and Oversight to which
was referred:
H. F. No. 2379,
A bill for an act relating to health; requiring coverage for prosthetic
devices; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. [62A.251]
COVERAGE FOR ORTHOTIC AND PROSTHETIC DEVICES.
Subdivision
1. Definitions. The following definitions have the
meanings given for purposes of this section.
(a)
"Prosthesis" means an external medical device that is not surgically
implanted and that is used to replace a missing limb, appendage, or other
external human body part including an artificial limb, hand, or foot, and is
deemed medically necessary. For purposes
of this section, prosthesis includes any repair or replacement of the device
and may be furnished only by an accredited provider in comprehensive prosthetic
services, or a credentialed clinician who is certified or licensed.
(b)
"Prosthetics" means the science and practice of evaluation,
measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or
servicing, as well as providing the initial training necessary to accomplish
the fitting of, a prosthesis through the replacement of external parts of a
human body lost due to amputation or congenital deformities or absences. The practice of prosthetics also includes the
generation of an image, form, or mold that replicates the patient's body
segment and that requires rectification of dimensions, contours, and volumes
for use in
the design
and fabrication of a socket to accept a residual anatomic limb to, in turn,
create an artificial appendage that is designed either to support body weight
or to improve or restore function or anatomical appearance, or both. Involved in the practice of prosthetics is
observational gait analysis and clinical assessment of the requirements
necessary to refine and mechanically fix the relative position of various parts
of the prosthesis to maximize function, stability, and safety of the patient. The practice of prosthetics includes
providing and continuing patient care in order to assess the prosthetic
device's effect on the patient's tissues and to assure proper fit and function
of the prosthetic device by periodic evaluation.
(c)
"Orthosis" means:
(1) an
external medical device that is custom-fabricated or custom-fitted to a
specific patient based on the patient's unique physical condition and is
applied to a part of the body to correct a deformity, provide support and
protection, restrict motion, improve function, or relieve symptoms of a
disease, syndrome, injury, or postoperative condition and is deemed medically
necessary; and
(2) any
repair or replacement of the device that is furnished by an accredited facility
in comprehensive orthotic services, or by a credentialed clinician who is
certified or licensed.
(d)
"Orthotics" means:
(1) the
science and practice of evaluating, measuring, designing, fabricating,
assembling, fitting, adjusting, or servicing and providing the initial training
necessary to accomplish the fitting of an orthotic device for the support,
correction, or alleviation of a neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity;
(2)
evaluation, treatment, and consultation;
(3) basic
observation of gait and postural analysis;
(4) assessing
and designing orthosis to maximize function and provide support and alignment
necessary to prevent or correct a deformity or to improve the safety and
efficiency of mobility and locomotion;
(5)
continuing patient care to assess the effect on the patient's tissues; and
(6) proper
fit and function of the orthotic device by periodic evaluation.
For purposes
of orthotic device coverage, this section specifically excludes the following
categories: items that are available
over-the-counter without a prescription, such as soft goods, immobilizers, soft
collars, corsets, sleeves, wraps, and other items not requiring modification or
adjustment and can be fitted with minimum expertise.
(e)
"Accredited provider" means any provider that is accredited by the
American Board for Certification in Orthotics Prosthetics and Pedorthics (ABC),
by the Board for Orthotist/Prosthetist Certification (BOC), by the Joint
Commission (JC), or by the Commission on Accreditation of Rehabilitation
Facilities (CARF) and that provides comprehensive orthotic and prosthetic
devices or services.
Subd. 2.
Coverage. (a) A health plan shall provide coverage
for orthotic and prosthetic devices, supplies, and services to the extent that
coverage is provided under federal laws for health insurance for the aged and
disabled under sections 1832, 1833, 1834, Social Security Act (United States
Code, title 42, sections 1395k, 1395l, and 1395m), but only to the extent
consistent with this section. Coverage
may be limited to the orthotic or prosthetic devices, supplies, and services
that are the most appropriate model that is determined medically necessary and
includes the design, fabrication, material and component selection, and
measurements, fittings, static and dynamic alignments and device maintenance,
including repair of the device to restore or maintain the ability to complete
activities of daily living and essential job-related activities and that is not
solely for comfort, convenience, or recreation.
(b) Orthotic
and prosthetic device coverage under this section may only be subject to the
annual or lifetime dollar maximums, deductibles, and coinsurance that apply
generally to all terms and services covered under the plan.
(c)
Reimbursement for orthotic and prosthetic devices, supplies, and services must
be equal to the reimbursement of other contracted medical services between an
accredited provider and a health plan or state-funded medical insurance plan.
Subd. 3.
Prior authorization. A health plan may require prior
authorization for orthotic and prosthetic devices, supplies, and services in
the same manner and to the same extent as prior authorization is required for
any other covered benefit.
Subd. 4.
Repair or replacement. The coverage under this section shall
include repair or replacement of an orthotic or prosthetic device that is
medically necessary to restore or maintain the ability to complete activities
of daily living or essential job-related activities and that is not solely for comfort,
convenience, or recreation. Repair or
replacement due to the covered individual's neglect, misuse, or abuse is not
covered.
Subd. 5.
Accredited provider. Orthotic and prosthetic devices, supplies,
and services must be provided by an accredited provider in comprehensive
orthotic or prosthetic services and prescribed by a licensed physician or
licensed health care provider who has the authority in this state to prescribe
orthotic and prosthetic devices, supplies, and services.
EFFECTIVE DATE.
This section is effective August 1, 2010, and applies to all health
plans issued or renewed to provide coverage for Minnesota residents on or after
that date."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 2510,
A bill for an act relating to elections; prohibiting threats of reprisal
against a person who is or is considering being a candidate; amending Minnesota
Statutes 2008, section 211B.10, subdivision 1.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
211B.10, subdivision 1, is amended to read:
Subdivision
1. Inducing
or refraining from candidacy. A
person may not reward or promise to reward another in any manner, and may
not coerce another as prohibited by section 609.27, to induce the person to
be or refrain from or cease being a candidate.
A person may not solicit or receive a payment, promise, or reward from
another for this purpose.
Sec. 2. EFFECTIVE
DATE.
This act is
effective the day following final enactment."
Delete the title
and insert:
"A bill for
an act relating to elections; prohibiting coercion of a person who is or is
considering being a candidate; amending Minnesota Statutes 2008, section
211B.10, subdivision 1."
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Eken from the
Committee on Environment Policy and Oversight to which was referred:
H. F. No. 2634,
A bill for an act relating to natural resources; expanding prohibitions on the
appropriation of water from the Mt. Simon-Hinckley aquifer; amending Minnesota
Statutes 2008, section 103G.271, subdivision 4a.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
103G.271, subdivision 4a, is amended to read:
Subd. 4a. Mt.
Simon-Hinckley aquifer. (a) Except
as provided in paragraph (b), the commissioner may not issue new water use
permits that will appropriate water from for the Mt. Simon-Hinckley
aquifer in a metropolitan county, as defined in section 473.121, subdivision
4, unless the appropriation is for potable domestic water
use, there are no feasible or practical alternatives to this source, and a
water conservation plan is incorporated with the permit. Domestic water uses include water used for
general household purposes for essential human needs such as cooking, cleaning,
drinking, washing, and waste disposal.
(b) The
commissioner shall terminate all permits authorizing appropriation and use of
water from the Mt. Simon-Hinckley
aquifer for once-through systems in a metropolitan county, as defined in
section 473.121, subdivision 4, by December 31, 1992 The commissioner
may issue new water use permits for the Mt. Simon‑Hinckley aquifer
for nondomestic uses if the volume of water is less than 100,000,000 gallons
per year, there are no feasible or practical alternatives to this source, and a
water conservation plan is incorporated with the permit. This paragraph does not apply within a
metropolitan county, as defined in section 473.121, subdivision 4."
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and Elections
to which was referred:
H. F. No. 2660,
A bill for an act relating to state government; creating the Minnesota
Coalition for Innovation and Collaboration; providing for certain rule and law
waivers; appropriating money; amending Minnesota Statutes 2008, section 6.80;
proposing coding for new law in Minnesota Statutes, chapter 16B.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 2699,
A bill for an act relating to mortgages; regulating acquisition of the legal
right to redeem a residence in foreclosure; requiring a notice to the mortgagee
after a sheriff's sale of residential real property in foreclosure; amending
Minnesota Statutes 2008, sections 325N.10, by adding a subdivision; 325N.17;
580.06; 582.25.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
580.03, is amended to read:
580.03 NOTICE OF SALE; SERVICE ON OCCUPANT.
Six weeks'
published notice shall be given that such mortgage will be foreclosed by sale
of the mortgaged premises or some part thereof, and at least four weeks before
the appointed time of sale a copy of such notice shall be served in like manner
as a summons in a civil action in the district court upon the person in
possession of the mortgaged premises, if the same are actually occupied. If there be a building on such premises used
by a church or religious corporation, for its usual meetings, service upon any
officer or trustee of such corporation shall be a sufficient service upon
it. The notice notices required
by sections 580.041 and 580.042 must be served simultaneously with the notice
of foreclosure required by this section.
Sec. 2. Minnesota Statutes 2009 Supplement, section
580.04, is amended to read:
580.04 REQUISITES OF NOTICE.
(a) Each notice
shall specify or contain:
(1) the name of
the mortgagor, the mortgagee, each assignee of the mortgage, if any, and the
original or maximum principal amount secured by the mortgage;
(2) the date of
the mortgage, and when and where recorded, except where the mortgage is upon
registered land, in which case the notice shall state that fact, and when and
where registered;
(3) the amount
claimed to be due on the mortgage on the date of the notice;
(4) a
description of the mortgaged premises, conforming substantially to that
contained in the mortgage, and the commonly used street address of the
mortgaged premises;
(5) the time and
place of sale;
(6) the time
allowed by law for redemption by the mortgagor, the mortgagor's personal
representatives or assigns; and
(7) the name,
address, and telephone number of a current representative of the mortgagee or
an assignee of the mortgage who has the authority to negotiate a resolution of
the foreclosure and respond to property maintenance concerns of the city or
town in which the premises is located; and
(8) for mortgaged premises described in
section 582.032, subdivision 1, the following statement in capital letters:
"THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S
PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL
ORDER IS ENTERED
UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS,
THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS
THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE
ABANDONED."
(b) If the real
estate is an owner-occupied, single-family dwelling, the notice must also
specify the date on or before which the mortgagor must vacate the property if
the mortgage is not reinstated under section 580.30 or the property redeemed
under section 580.23. The notice must
state that the time to vacate the property is 11:59 p.m. on the specified date.
Sec. 3. Minnesota Statutes 2008, section 580.041, as
amended by Laws 2009, chapter 123, section 7, and Laws 2009, chapter 130, section
7, is amended to read:
580.041 FORECLOSURE ADVICE AND REDEMPTION RIGHTS NOTICE
TO OWNERS.
Subd. 1a. Applicability. This section applies to foreclosure of
mortgages by advertisement under this chapter and foreclosure of mortgages by
action under chapter 581 on property consisting of one to four family dwelling
units, one of which the owner occupies as the owner's principal place of
residency when the notice of pendency under section 580.032 or the lis pendens
for a foreclosure under chapter 581 is recorded.
Subd. 1b. Form
and delivery of foreclosure advice notice. The foreclosure advice notice required
by this section must be in 14-point boldface type and must be printed on
colored paper that is other than the color of the notice of foreclosure required
by sections 580.03 and 580.04 and the notice of redemption rights required by
this section, and that does not obscure or overshadow the content of the
notice. The title of the notice must be
in 20-point boldface type. The notice
must be on its own page. The foreclosure
advice notice required by this section must be delivered with the notice of
foreclosure required by sections 580.03 and 580.04. The foreclosure advice notice required
by this section also must be delivered with each subsequent written
communication regarding the foreclosure mailed to the mortgagor by the
foreclosing party up to the day of redemption.
A foreclosing mortgagee will be deemed to have complied with this
section if it sends the foreclosure advice notice required by this section
at least once every 60 days during the period of the foreclosure process. The foreclosure advice notice required
by this section must not be published.
Subd. 1c.
Form and delivery of notice of
redemption rights. The notice
of redemption rights required by this section must be in 14-point boldface type
and must be printed on colored paper that is other than the color of the notice
of foreclosure required by sections 580.03 and 580.04 and the foreclosure
advice notice required by this section, and that does not obscure or overshadow
the content of the notice. The title of
the notice must be in 20-point boldface type.
The notice must be on its own page.
The notice of redemption rights must be delivered with the notice of
foreclosure required by sections 580.03 and 580.04. The notice of redemption rights required by
this section must not be published.
Subd. 2. Content
of foreclosure advice notice.
The foreclosure advice notice required by this section must
appear substantially as follows:
"Help For
Homeowners in Foreclosure
The
attorney preparing this foreclosure is:_________________________________________________________
(Attorney
name, address, phone)
It
is being prepared for:
__________________________________________________________________________________________
(Lender
name, loss mitigation phone number)
AS
OF [insert date], this lender says that you owe $[insert dollar amount] to
bring your mortgage up to date (or "reinstate" your mortgage). You must pay this amount, plus interest
and other costs, to keep your house from going through a sheriff's
sale. The sheriff's sale is scheduled
for [insert date] at [insert time] at [insert place].
Mortgage
foreclosure is a complex process. People
may contact you with advice and offers to help "save" your home.
Remember: It is important that you learn as much as you
can about foreclosure and your situation.
Find out about all your options before you make any agreements with
anyone about the foreclosure of your home.
Getting Help
As
soon as possible, you should contact your lender at the above number to talk
about things you might be able to do to prevent foreclosure. You should also consider contacting the
foreclosure prevention counselor in your area.
A foreclosure prevention counselor can answer your questions, offer free
advice, and help you create a plan which makes sense for your situation.
Contact
the Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466 or www.hocmn.org
to get the phone number and location of the nearest counseling
organization. Call today. The longer you wait, the fewer options you
may have for a desirable result.
Information About the Foreclosure
Process
You
do not need to move at the time of the sheriff's sale. After the sheriff's sale you have the right
to "redeem." Redeem means that you pay off the entire loan amount
plus fees to keep your house. You can
keep living in your home for a period of time.
This is called a "redemption period." The redemption period is
[insert number of months] months after the sheriff's sale. This redemption period is your chance to try
and sell your home or refinance it with a different loan. You can also pay the redemption amount with
any other funds you have available. At
the end of the redemption period you will have to leave your home. If you do not, the person or company that bid
on your home at the sheriff's sale has the right to file an eviction against
you in district court."
Subd.
2a. Content
of notice of redemption rights. The
notice of redemption rights required by this section must appear substantially
as follows:
"What Happens After the Foreclosure Sale
After
the sheriff's sale, you have the right to "redeem." Redeem means that
you pay the amount bid for your house at the sheriff's sale plus interest and
costs to keep your house. You can keep
living in your home for a period of time after the foreclosure sale. This is called a "redemption
period." The redemption period is [insert number of months] months after
the sheriff's sale.
At
the end of the redemption period, if you do not redeem or sell, you will have
to leave your home. If you do not leave,
the person or company that bid on your home at the sheriff's sale has the right
to file an eviction against you in court.
Be Careful of Foreclosure Scams
Be
careful! After the foreclosure sale,
people may approach you to buy your house or offer to transfer your house to
them for little or no money.
Before
you give up the rights to your house or sign any documents (including a deed),
be sure you know how much the house sold for at the sheriff's sale and decide
if you can save it by paying the amount of the bid, plus interest and costs.
How to Find Out How Much Your House
Sold For at the Foreclosure Sale
The
amount you need to pay to redeem your house may be less than the amount you
owed on your mortgage before the sale (although it could also be more). You can learn what this amount is (and who
the winning bidder at the sale was) by attending the sheriff's sale or by
contacting the sheriff's office after the sale.
You Can Also Sell Your House
During
the redemption period, if you sell your home, you must sell it for enough to
pay off the winning bidder from the sheriff's sale AND pay any recorded liens,
fines, or fees that have accumulated. (A lien is a legal claim that someone has
put on your property because you owe that person money. A recorded lien means that it has been filed
with the county as a public document.) If there is any money left from the sale
of the house after all these debts are paid, you can keep the money. You can also enter into a "short
sale" where the lender agrees to accept less than the full amount you owe
on the mortgage.
Get More Information and Advice
For
more information and advice, contact an attorney or a mortgage foreclosure
prevention counselor. You can find a
mortgage foreclosure prevention counselor by contacting the Minnesota Home
Ownership Center at 651-659-9336 or 866-462-6466 or www.hocmn.org to get the
phone number and location of the nearest counseling organization."
Subd.
3. Affidavit. Any person may establish compliance with or
inapplicability of this section by recording, with the county recorder or
registrar of titles, an affidavit by a person having knowledge of the facts,
stating that the notice required by this section has been delivered in
compliance with this section or that this section is not applicable because the
property described in the notice of foreclosure did not consist of one to four
family dwelling units, one of which was occupied by the owner as the owner's
principal place of residency. The
affidavit and a certified copy of a recorded affidavit shall be prima facie
evidence of the facts stated in the affidavit.
The affidavit may be recorded regarding any foreclosure sale, including
foreclosure sales which occurred prior to August 1, 2005, and may be recorded
separately or as part of the record of a foreclosure.
Subd.
4. Validation
of foreclosure sales. No mortgage
foreclosure sale under this chapter shall be invalid because of failure to
comply with this section unless an action to invalidate the sale is commenced
and a notice of lis pendens is filed with the county recorder or registrar of
titles within one year after the last day of the redemption period of the
mortgagor, the mortgagor's personal representatives, or assigns. This subdivision shall not affect any action
or proceeding pending on August 1, 2005, or which is commenced before February
1, 2006, in any court of this state, provided a notice of lis pendens of the
action is filed with the county recorder or registrar of titles before February
1, 2006.
Sec.
4. Minnesota Statutes 2008, section
580.06, is amended to read:
580.06 SALE, HOW AND BY WHOM MADE;
NOTICE TO MORTGAGOR.
Subdivision
1. Requirements
for sale. The sale shall be made
by the sheriff or the sheriff's deputy at public venue to the highest bidder,
in the county in which the premises to be sold, or some part thereof, are
situated, between 9:00 a.m. and 4:00 p.m.
Subd.
2. Notice
of results of sale required; contents.
(a) Except as provided in paragraph (c), a person attempting to
acquire fee title to the mortgagor's property from the mortgagor following the
sheriff's sale and prior to the end of the redemption period, must provide to
the mortgagor, by personal delivery three days prior to entering into an
agreement to acquire title, notice of the results of the foreclosure as
provided under paragraph (b).
(b)
The notice required under paragraph (a) must contain the following information:
(1)
the date the sale occurred;
(2)
the identity of the purchaser and any assignees of the purchaser;
(3)
the sheriff's sale price; and
(4)
the following statement: "There are
very important things you need to know now that your house has been auctioned
at the sheriff's sale:
(i) you have (insert the number of
months) to "redeem," which means to pay the winning bidder the sale
price listed above (plus interest and costs) and keep your house;
(ii)
whether you can pay off the amount or not, YOU DO NOT HAVE TO MOVE RIGHT
AWAY. YOU CAN KEEP LIVING IN YOUR HOME
until the end of this redemption period;
(iii)
read all notices and documents related to the foreclosure of your home
carefully!! THE AMOUNT YOU NEED TO PAY THE WINNING BIDDER TO REDEEM YOUR HOUSE
(THE SHERIFF'S SALE PRICE LISTED ABOVE PLUS INTEREST AND COSTS) MAY BE LESS
THAN THE AMOUNT YOU OWED ON YOUR MORTGAGE BEFORE THE SHERIFF'S SALE; and
(iv)
you can also try to sell your home during this "redemption period."
You must sell it for enough to pay off the winning bidder from the sheriff's
sale and pay any recorded liens, fines, or fees that have built up. A lien is a legal claim that someone has put
on your property because you owe them money.
A recorded lien means that it has been filed with the county as a public
document. For example, if you owe on a
second mortgage or to a contractor, there could be a recorded lien against the
property. You can also enter into a
"short sale" where the lender accepts less than the full amount you
owe on the mortgage.
If
there is any money left from the sale of the house after all these debts are
paid, you can keep the money.
For
more information and advice, contact an attorney or a mortgage foreclosure
prevention counselor. You can find a
mortgage foreclosure prevention counselor in your county by calling the
Minnesota Home Ownership Center at 651-659-9336 or 866-462-6466 or
www.hocmn.org."
(c)
This subdivision does not apply to:
(1)
a seller or buyer who has entered into a signed agency agreement, facilitator
agreement, or other written agreement to buy or sell the mortgagor's property
with a person licensed under chapter 82;
(2)
a buyer who offers to buy the mortgagor's property for a purchase price that
meets or exceeds the amount required to be paid by the mortgagor to redeem the
property;
(3)
a foreclosing lender acquiring the mortgagor's property by a deed in lieu of
foreclosure;
(4)
a nonprofit lender holding a certificate of exemption from the Department of
Commerce;
(5)
the state or a local unit of government or an agent of the state or a local
unit of government; or
(6)
a natural person who shows by affidavit that the natural person is not in the
business of acquiring fee title to mortgaged property following the sheriff's
sale and has a prior personal relationship with the foreclosed homeowner. An affidavit recorded in the real estate
records to that effect is prima facie evidence that the person is not in the
business of acquiring fee title to mortgaged property following the sheriff's
sale and has a prior personal relationship with the foreclosed homeowner.
Subd.
3. Private
right of action. (a) Any
person who violates subdivision 2 is liable to the mortgagor for the sum
of:
(1)
actual, incidental, and consequential damages;
(2)
$1,000 statutory damages; and
(3)
costs, disbursements, and reasonable attorney fees.
(b)
It shall be a rebuttable presumption that a person has complied with
subdivision 2 if the person has recorded with the county recorder or registrar
of titles an affidavit by a person having knowledge of the facts, stating that
the mortgagor received the notice required under subdivision 2. The affidavit and a certified copy of a
recorded affidavit shall be prima facie evidence of the facts stated in the
affidavit.
Sec.
5. Minnesota Statutes 2008, section
580.30, subdivision 1, is amended to read:
Subdivision
1. Reinstatement. In any proceedings for the foreclosure of a
real estate mortgage, whether by action or by advertisement, if at any time
before the sale of the premises under such foreclosure the mortgagor, the
owner, or any holder of any subsequent encumbrance or lien, or any one for
them, shall pay or cause to be paid to the holder of the mortgage so being
foreclosed, or to the attorney foreclosing the same, or to the sheriff of the
county, the amount actually due thereon and constituting the default actually
existing in the conditions of the mortgage at the time of the commencement of
the foreclosure proceedings, including insurance, delinquent taxes, if any,
upon the premises, interest to date of payment, cost of publication and
services of process or notices, attorney's fees not exceeding $150 or one-half
of the attorney's fees authorized by section 582.01, whichever is greater, any
costs incurred when an order to reduce a mortgagor's redemption period under
section 582.032 is entered, including costs and disbursements awarded under
section 582.032, subdivision 9, together with other lawful disbursements
necessarily incurred in connection with the proceedings by the party
foreclosing, then, and in that event, the mortgage shall be fully reinstated
and further proceedings in such foreclosure shall be thereupon abandoned.
Sec.
6. Minnesota Statutes 2008, section
582.03, subdivision 1, is amended to read:
Subdivision
1. Allowable
costs collectable upon redemption.
The holder of any sheriff's certificate of sale, from a foreclosure by
advertisement or action of a mortgage or lien or execution, or the holder of
any certificate of redemption as a junior creditor during the period of
redemption, may pay and claim the following on redemption: any taxes or assessments on which any penalty
would otherwise accrue, and any costs of a hazard insurance policy for the
holder's interest in the mortgaged premises incurred for the period of holding
the sheriff's certificate, any costs incurred when an order to reduce a
mortgagor's redemption period under section 582.032 is entered, including
costs and disbursements awarded under section 582.032, subdivision 9, any
fees paid to the county recorder, registrar of titles, or sheriff to obtain or
record the certificates of sale or redemption or notices of intention to
redeem, any reasonable fees paid to licensed real estate brokers for broker
price opinions or to licensed appraisers for appraisals, any deed tax paid to
file a certificate of redemption, reasonable attorney fees incurred after the
foreclosure sale not to exceed one-half of the amount authorized by section
582.01, any costs incurred under section 582.031, and any interest or installment
of principal upon any prior or superior mortgage, lien, or contract for deed
in
default or that becomes due during the period of redemption. In all such cases, the costs so paid and
claimed due, with interest, shall be a part of the sum required to be paid to
redeem from such sale. No other costs,
fees, interest, or other amount may be added to the amount necessary to redeem.
Sec.
7. Minnesota Statutes 2008, section
582.032, is amended by adding a subdivision to read:
Subd.
9. Costs. Upon motion of a political subdivision
that initiated a proceeding under subdivision 4 or intervened under subdivision
5, if an order is entered to reduce the redemption period to five weeks, the
court shall award costs and disbursements to the political subdivision. The party foreclosing the mortgage or holding
the sheriff's certificate of sale is liable for an award under this subdivision
but may recover these amounts upon reinstatement or redemption as provided in
section 580.30, subdivision 1, or 582.03, subdivision 1.
Sec.
8. EXPIRATION.
Section
5 expires December 31, 2012."
Delete
the title and insert:
"A
bill for an act relating to mortgages; amending notice requirements during
foreclosure; providing for certain costs and disbursements; amending Minnesota
Statutes 2008, sections 580.03; 580.041, as amended; 580.06; 580.30,
subdivision 1; 582.03, subdivision 1; 582.032, by adding a subdivision;
Minnesota Statutes 2009 Supplement, section 580.04."
With
the recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Thissen from
the Committee on Health Care and Human Services Policy and Oversight to which
was referred:
H. F. No. 2927,
A bill for an act relating to health; providing administrative simplification
by adding a health care clearinghouse for health care provider transactions;
amending Minnesota Statutes 2008, sections 62J.51, by adding subdivisions;
62J.536, subdivisions 1, 2b, by adding a subdivision.
Reported the
same back with the following amendments:
Page 1, delete
section 1
Page 2, after
line 7, insert:
"A
health care clearinghouse acts as an agent of a health care provider or group
purchaser only if it enters into an explicit, mutually agreed upon arrangement
or contract with the provider or group purchaser to perform specific
clearinghouse functions."
Page 3, line
17, strike "(d)" and insert "(e)"
Page 8, line
27, delete everything after "provider" and insert ",
provider's agent, group purchaser, or group purchaser's agent on the provider's
or group purchaser's"
Page 9, after
line 7, insert:
"Sec.
7. NONSUBMISSION
OF HEALTH CARE CLAIM BY CLEARINGHOUSE; SIGNIFICANT DISRUPTION.
A situation
shall be considered a significant disruption to normal operations that
materially affects the provider's or facility's ability to conduct business in
a normal manner and to submit claims on a timely basis under Minnesota
Statutes, section 62Q.75, if:
(1) a
clearinghouse loses, or otherwise does not submit, a health care claim as
required by Minnesota Statutes, section 62J.536; and
(2) the
provider or facility can substantiate that it submitted a complete claim to the
clearinghouse within provisions stated in contract or six months of the date of
service, whichever is less.
This section
expires January 1, 2012."
Renumber the
sections in sequence and correct the internal references
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Eken from the
Committee on Environment Policy and Oversight to which was referred:
H. F. No. 2957,
A bill for an act relating to natural resources; exempting watercraft,
off-highway vehicles, and snowmobiles that are owned by Indian tribal
governments from registration or licensing; amending Minnesota Statutes 2008,
sections 84.788, subdivision 2; 84.798, subdivision 2; 84.82, subdivision 6;
84.8205, subdivision 1; 86B.301, subdivision 2; Minnesota Statutes 2009
Supplement, section 84.922, subdivision 1a.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Thissen from
the Committee on Health Care and Human Services Policy and Oversight to which was
referred:
H. F. No. 3042,
A bill for an act relating to health; regulating participating provider
agreements between health plan companies and health care providers; amending
Minnesota Statutes 2008, sections 62Q.735, by adding subdivisions; 62Q.75, subdivision
3, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 62Q.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
62Q.735, is amended by adding a subdivision to read:
Subd. 4.
Contract amendment and renewal
provisions. (a) A health plan
company shall not require a provider to provide notice of intention to
terminate its contract before communicating with the provider regarding
contract renewals. A health plan company
shall not communicate with members until final termination notice is received
from the provider, consistent with the requirements described in section 62D.08,
subdivision 5.
(b) A health
plan company shall not preclude a nonnetwork provider from subsequent network
participation solely as a result of the provider having terminated its
participation in accordance with the terms of its contract.
EFFECTIVE DATE.
This section is effective January 1, 2011, and applies to contracts
entered into, renewed, or amended on or after that date.
Sec. 2. Minnesota Statutes 2008, section 62Q.735, is
amended by adding a subdivision to read:
Subd. 5.
Fee schedules. A health plan company shall provide, upon
request, any additional fees relevant to the particular provider's practice
beyond those provided with the renewal documents for the next contract year to
all participating providers, excluding claims paid under the pharmacy benefit. Health plan companies may fulfill the
requirements of this section by making the full fee schedules available through
a secure Web portal for contracted providers.
EFFECTIVE DATE.
This section is effective January 1, 2011, and applies to contracts
entered into, renewed, or amended on or after that date.
Sec. 3. Minnesota Statutes 2008, section 62Q.735, is
amended by adding a subdivision to read:
Subd. 6.
Reimbursement tiering
methodologies. Where health
plan company reimbursement is related to tiering of providers, the health plan
company shall provide to any tiered providers upon request an explanation of
the methodology used to calculate tier ranking, including information on cost
and quality. This explanation does not
allow any provider access to proprietary or trade secret information. When a tiered product is used by a health
plan, the health plan company shall provide notification to the provider of the
tier in which the provider is included prior to the effective date of the
tiered product.
EFFECTIVE DATE.
This section is effective January 1, 2011, and applies to contracts
entered into, renewed, or amended on or after that date.
Sec. 4. Minnesota Statutes 2008, section 62Q.75,
subdivision 3, is amended to read:
Subd. 3. Claims
filing. Unless otherwise provided by
contract, by section 16A.124, subdivision 4a, or by federal law, the health
care providers and facilities specified in subdivision 2 must submit their
charges to a health plan company or third-party administrator within six months
from the date of service or the date the health care provider knew or was
informed of the correct name and address of the responsible health plan company
or third-party administrator, whichever is later. A health care provider or facility that does
not make an initial submission of charges within the six-month period shall not
be reimbursed for the charge and may not collect the charge from the recipient
of the service or any other payer. The
six-month submission requirement may be extended to 12 months in cases where a
health care provider or facility specified in subdivision 2 has determined and
can substantiate that it has experienced a significant disruption to normal
operations that materially affects the ability to conduct business in a normal
manner and to submit claims on a timely basis.
Any request by a health care provider or facility specified in
subdivision 2 for an exception to a contractually defined claims submission
timeline must be reviewed and acted upon by the health plan company within the
same time frame as the contractually agreed upon claims filing timeline. This subdivision also applies to all
health care providers and facilities that submit charges to workers'
compensation payers for treatment of a workers' compensation injury compensable
under chapter 176, or to reparation obligors for treatment of an injury
compensable under chapter 65B.
EFFECTIVE DATE.
This section is effective January 1, 2011, and applies to contracts
entered into, renewed, or amended on or after that date.
Sec. 5. Minnesota Statutes 2008, section 62Q.75, is
amended by adding a subdivision to read:
Subd. 4.
Claims adjustment timeline. (a) Once a clean claim, as defined in
section 62Q.75, subdivision 1, has been paid, the contract must provide a
12-month deadline on all adjustments to and recoupments of the payment with the
exception of payments related to coordination of benefits, subrogation,
duplicate claims, retroactive terminations, and cases of fraud and abuse.
(b)
Paragraph (a) shall not apply to pharmacy contracts entered into between or on
behalf of health plan companies.
EFFECTIVE DATE.
This section is effective January 1, 2011, and applies to contracts
entered into, renewed, or amended on or after that date."
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 3055,
A bill for an act relating to human services; making changes to the
State-County Results, Accountability, and Service Delivery Redesign Act;
specifying public employee status for service delivery units; amending
Minnesota Statutes 2008, section 179A.03, subdivision 15; Minnesota Statutes
2009 Supplement, sections 402A.01; 402A.10, subdivision 5; 402A.15; 402A.18;
402A.20; proposing coding for new law in Minnesota Statutes, chapters 179A;
402A; repealing Minnesota Statutes 2009 Supplement, sections 402A.30; 402A.45.
Reported the
same back with the following amendments:
Pages 1 to 2,
delete sections 1 and 2
Page 10, after
line 18, insert:
"(b)
This paragraph only applies when a group of employees represented under a
collective bargaining agreement is transferred from county to service delivery
authority funding. A service delivery
authority may not be established until the affected parties have presented an
agreement as required under this paragraph.
The county or consortium of counties proposing to establish a service
delivery authority, together with exclusive representatives of affected employees,
must present to the council and the commissioner a written agreement relating
to those employees who are proposed to be transferred from county employment to
working for a service delivery authority as the public employer, and expressing
agreement on the following topics:
(1) the
proposed bargaining units for the new service delivery authority, and a
proposal for recognition of exclusive representatives of those bargaining
units;
(2) a
proposed collective bargaining agreement which will be implemented upon the
formation of the service delivery authority and that will establish terms and
conditions of employment for represented employees of the service delivery
authority, pending negotiation of a future agreement; and
(3) an
agreement that county employees whose work is to be transferred to the service
delivery authority and whose positions are needed by the service delivery
authority to perform this work, and who meet the minimum qualifications for
positions with the service delivery authority will become employees of the
service delivery authority."
Page 10, line
19, delete "(b)" and insert "(c)"
Renumber the
sections in sequence
Amend the title
as follows:
Page 1, line 3,
delete everything after the semicolon
Page 1, line 4,
delete everything before "amending"
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 3117,
A bill for an act relating to transportation; regulating contracts; prohibiting
indemnification provisions; proposing coding for new law in Minnesota Statutes,
chapter 221.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 3124,
A bill for an act relating to game and fish; modifying aquaculture provisions;
modifying provisions for taking, possessing, and transporting wild animals;
modifying requirements for fish and wildlife management plans; modifying game
and fish license provisions; amending Minnesota Statutes 2008, sections
17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3;
17.4994; 84.942, subdivision 1; 84D.03, subdivision 3; 97A.015, subdivision 52;
97A.101, subdivision 3; 97A.311, subdivision 5; 97A.405, subdivision 2;
97A.421, subdivision 4a; 97A.433, by adding a subdivision; 97A.435,
subdivisions 1, 4; 97A.502; 97A.535, subdivision 2a; 97A.545, subdivision 5;
97B.022, subdivision 2; 97B.031, subdivision 5; 97B.075; 97B.106, subdivision
1; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.911; 97B.915;
97B.921; 97B.925; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205;
97C.315, subdivision 1; 97C.341; Minnesota Statutes 2009 Supplement, sections
84.95, subdivision 2; 97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 17;
97B; 348; repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2,
3, 4; 97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811,
subdivision 4.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 3137,
A bill for an act relating to public safety; requiring chemical use screen of juvenile
offenders; amending Minnesota Statutes 2008, sections 260B.157, subdivision 1;
260B.176, subdivision 2.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Public Safety Policy and Oversight.
The
report was adopted.
Mullery from the
Committee on Civil Justice to which was referred:
H. F. No. 3147,
A bill for an act relating to taxation; specifying duties of assessors;
amending Minnesota Statutes 2008, sections 82B.035, subdivision 2; 270.41,
subdivision 5; 273.061, subdivisions 7, 8.
Reported the
same back with the recommendation that the bill pass and be re-referred to the
Committee on Taxes.
The
report was adopted.
Eken from the
Committee on Environment Policy and Oversight to which was referred:
H. F. No. 3190,
A bill for an act relating to natural resources; modifying off-highway vehicle
seasons; modifying off-highway vehicle youth operation requirements; modifying
nonresident all-terrain vehicle state trail pass; amending Minnesota Statutes
2008, sections 84.777, subdivision 2; 84.9256, subdivision 1; Minnesota
Statutes 2009 Supplement, sections 84.793, subdivision 1; 84.9275, subdivision
1.
Reported the
same back with the following amendments:
Page 4, after
line 18, insert:
"Sec.
5. Minnesota Statutes 2008, section
84.928, subdivision 5, is amended to read:
Subd. 5. Organized
contests, use of highways and public lands and waters. (a) Nothing in this section or chapter
169 prohibits the use of all-terrain vehicles within the right-of-way of a
state trunk or county state-aid highway or upon public lands or waters under
the jurisdiction of the commissioner of natural resources, in an organized
contest or event, subject to the consent of the official or board having jurisdiction
over the highway or public lands or waters.
(b) In permitting the contest or event,
the official or board having jurisdiction may prescribe restrictions or
conditions as they may deem advisable.
(c)
Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
12 years of age may operate an all-terrain vehicle in an organized contest on
public lands or waters, if the all-terrain vehicle has an engine capacity of
90cc or less, the person complies with section 84.9256, subdivision 1, paragraph
(h), and the person is supervised by a person 18 years of age or older."
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Mullery from
the Committee on Civil Justice to which was referred:
H. F. No. 3318,
A bill for an act relating to judiciary; enacting the Uniform Unsworn Foreign
Declarations Act proposed for adoption by the National Conference of
Commissioners on Uniform State Laws; providing for penalties; amending
Minnesota Statutes 2008, section 609.48, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 358.
Reported the
same back with the following amendments:
Page 2, delete
lines 19 to 21, and insert:
"(4) a
document intended for recording in the real estate records in the office of the
county recorder or registrar of titles; or"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Public Safety Policy and Oversight.
The
report was adopted.
Mullery from
the Committee on Civil Justice to which was referred:
H. F. No. 3386,
A bill for an act relating to real property; requiring performance guidelines
for certain residential contracts; modifying statutory warranties; requiring
notice and opportunity to repair; providing for dispute resolution procedures;
amending Minnesota Statutes 2008, sections 326B.809; 327A.01, subdivision 7, by
adding a subdivision; 327A.02, subdivision 4, by adding subdivisions.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
302A.781, subdivision 4, is amended to read:
Subd. 4. Statutory
homeowner warranty claims preserved.
The statutory warranties provided under section 327A.02 are not affected
by a the dissolution under this chapter of a vendor or
home improvement contractor that is a corporation or limited liability company.
Sec. 2. Minnesota Statutes 2008, section 326B.809, is
amended to read:
326B.809 WRITTEN CONTRACT REQUIRED.
(a) All
agreements including proposals, estimates, bids, quotations, contracts,
purchase orders, and change orders between a licensee and a customer for the
performance of a licensee's services must be in writing and must contain the
following:
(1) a detailed
summary of the services to be performed;
(2) a
description of the specific materials to be used or a list of standard features
to be included; and
(3) the total
contract price or a description of the basis on which the price will be
calculated.
(b) Before
entering into an agreement, the licensee shall provide a prospective customer
with written performance guidelines for the services to be performed. Performance guidelines also must be included
or incorporated by reference in the agreement.
All agreements shall be signed and dated by the licensee and
customer.
(c) The
licensee shall provide to the customer, at no charge, a signed and dated
document at the time that the licensee and customer sign and date the
document. Documents include agreements,
performance guidelines, and mechanic's lien waivers.
Sec. 3. Minnesota Statutes 2008, section 327A.01, is
amended by adding a subdivision to read:
Subd. 12.
Inspection. "Inspection" means a visual or
invasive examination of the alleged property damage.
Sec. 4. Minnesota Statutes 2008, section 327A.02,
subdivision 4, is amended to read:
Subd. 4. Response
from vendor or home improvement contractor to notice of claim; right
to inspect. (a) Following
notice under section 327A.03, The vendee or owner must allow an
inspection and opportunity to for purposes of the preparation of an offer
to repair the known alleged loss or damage under subdivision 5. Upon request of the vendee, a court may
order the vendor to conduct the inspection.
The inspection must be performed and any offer to repair must be
made in writing to the vendee by the vendor or home improvement
contractor within 30 days of the vendor's receipt of the written notice
required under section 327A.03, clause (a), alleging loss or damage the
notification under section 327A.03, clause (a).
Any damage to property caused as a result of an inspection must be
promptly repaired by the inspecting party to restore the property to its
pre-inspected condition.
(b) The applicable statute of limitations
and statute of repose for an action based on breach of a warranty imposed by
section 327A.02, or any other action in contract, tort, or other law for any
injury to real or personal property or bodily injury or wrongful death arising
out of the alleged loss or damage, is tolled from the date the written
notice provided by the vendee or owner is postmarked, or if not sent
through the mail, received by the vendor or home improvement contractor until
the earliest latest of the following:
(1) the date the
vendee rejects the vendor's offer to repair of completion of the home
warranty dispute resolution process under section 327A.051; or
(2) the date
the vendor rejects the vendee's claim in writing;
(3) failure
by the vendor to make an offer to repair within the 30-day period described in
this subdivision; or
(4) 180 days.
For purposes of this subdivision,
"vendor" includes a home improvement contractor.
(b) (c) Upon completion of
repairs as described in an offer to repair, the vendor must provide the vendee
with a list of the repairs made and a notice that the vendee may have a right
to pursue a warranty claim under this chapter.
Provision of this statement is not an admission of liability. Compliance with this subdivision does not
affect any rights of the vendee under this chapter.
Sec. 5. Minnesota Statutes 2008, section 327A.02, is
amended by adding a subdivision to read:
Subd. 5.
Right to repair; agreement. (a) Within 15 days of completion of the
inspection required by subdivision 4, the vendor or home improvement contractor
must provide to the vendee or owner a written offer to repair. The offer to repair must include, at a
minimum:
(1) the
scope of the proposed repair work; and
(2) the
proposed date on which the repair work would begin and the estimated date of
completion.
(b) This
subdivision does not prevent the vendee or owner from obtaining the information
in paragraph (a) from another contractor or from negotiating with the vendor or
home improvement contractor for a different scope of work.
(c) If the
parties agree to a scope of work, the vendor or home improvement contractor
must perform the repair work in accordance with the offer to repair. If the parties do not agree to a scope of
work, the vendee or owner must submit the matter to the homeowner warranty
dispute resolution process under section 327A.051.
(d) Upon
completion of repairs described in an offer to repair, the vendor or home
improvement contractor must provide the vendee or owner with a written notice
that the scope of the work agreed upon has been completed.
Sec. 6. Minnesota Statutes 2008, section 327A.02, is
amended by adding a subdivision to read:
Subd. 6.
Failure to perform inspection
or repair. If the vendor or
home improvement contractor fails to perform an inspection under subdivision 4
or fails to make an offer to repair or perform agreed upon repairs under
subdivision 5, the vendee or owner may commence an action.
Sec. 7. Minnesota Statutes 2008, section 327A.02, is
amended by adding a subdivision to read:
Subd. 7.
Processes required before
commencement of action. Except
as provided in subdivision 6, a cause of action for which the statute of
limitations or statute of repose is tolled under subdivision 4, paragraph (b),
must not be commenced until the earlier of:
(1) the
completion of the home warranty dispute resolution process under section
327A.051; or
(2) 60 days
after the written offer of repair is provided to the vendee or owner.
Sec. 8. Minnesota Statutes 2008, section 327A.03, is
amended to read:
327A.03 EXCLUSIONS.
The liability
of the vendor or the home improvement contractor under sections 327A.01 to
327A.07 is limited to the specific items set forth in sections 327A.01 to
327A.07 and does not extend to the following:
(a) loss or
damage not reported by the vendee or the owner to the vendor or the home
improvement contractor in writing within six months after the vendee or the
owner discovers or should have discovered the loss or damage; unless the
vendee or owner establishes by fact that the vendor or home improvement
contractor had actual notice of the loss or damage;
(b) loss or
damage caused by defects in design, installation, or materials which the vendee
or the owner supplied, installed, or directed to be installed;
(c) secondary
loss or damage such as personal injury or property damage;
(d) loss or
damage from normal wear and tear;
(e) loss or
damage from normal shrinkage caused by drying of the dwelling or the home
improvement within tolerances of building standards;
(f) loss or
damage from dampness and condensation due to insufficient ventilation after
occupancy;
(g) loss or
damage from negligence, improper maintenance or alteration of the dwelling or
the home improvement by parties other than the vendor or the home improvement
contractor;
(h) loss or
damage from changes in grading of the ground around the dwelling or the home
improvement by parties other than the vendor or the home improvement
contractor;
(i) landscaping
or insect loss or damage;
(j) loss or
damage from failure to maintain the dwelling or the home improvement in good
repair;
(k) loss or
damage which the vendee or the owner, whenever feasible, has not taken timely
action to minimize;
(l) loss or
damage which occurs after the dwelling or the home improvement is no longer
used primarily as a residence;
(m) accidental
loss or damage usually described as acts of God, including, but not limited to:
fire, explosion, smoke, water escape,
windstorm, hail or lightning, falling trees, aircraft and vehicles, flood, and
earthquake, except when the loss or damage is caused by failure to comply with
building standards;
(n) loss or
damage from soil movement which is compensated by legislation or covered by
insurance;
(o) loss or
damage due to soil conditions where construction is done upon lands owned by
the vendee or the owner and obtained by the vendee or owner from a source
independent of the vendor or the home improvement contractor;
(p) in the case
of home improvement work, loss or damage due to defects in the existing
structure and systems not caused by the home improvement.
Sec. 9. [327A.051]
HOME WARRANTY DISPUTE RESOLUTION.
Subdivision
1. Panel
of neutrals. (a) The
commissioner of labor and industry shall maintain a list of persons who consent
to serve as qualified neutrals for purposes of this section. The commissioner shall establish application
requirements and qualifications for qualified neutrals, taking into
consideration the education, experience, and training of the applicant,
potential conflicts of interest, and that the purpose of the process is to
assist parties in determining an agreeable scope of repair or other resolution
of their dispute.
(b) As a
condition of being included on the panel of neutrals identified in this
section, the commissioner of labor and industry may charge each qualified
neutral a fee of $200 per year for the administration of the home warranty
dispute resolution process.
Subd. 2.
Dispute resolution process. (a) The home dispute resolution process
required by this section is commenced by written application to the
commissioner. A request must include the
complete current address and full name of the contact person for each
participating party.
(b) Within
ten days of receiving a written request, the commissioner shall provide each
party with a written list of three qualified neutrals randomly selected from
the panel of neutrals established under subdivision 1. The commissioner shall also provide complete
contact information for each qualified neutral.
(c) Within
five business days after receipt of the list from the commissioner, the parties
shall mutually select one of the three qualified neutrals identified by the
commissioner to serve as the qualified neutral for their dispute. If the parties cannot mutually agree on a
neutral, the vendor or home improvement contractor shall strike one of the
neutrals from the list, the vendee or owner shall subsequently strike one of
the remaining neutrals from the list, and the remaining neutral shall serve as
the qualified neutral for the dispute resolution process. The parties shall notify the selected
qualified neutral and the commissioner of the selection.
Subd. 3.
Neutral evaluation; fee. (a) The qualified neutral selected by the
parties shall convene, and each party shall attend, an in-person conference of
the parties. The qualified neutral shall
select the date for the conference after consulting the parties. The conference must occur no later than 30
days after the neutral's selection, except by mutual agreement of the
parties. In addition, the neutral shall
collect from each party an administrative fee of $25 and shall submit those
fees to the commissioner no later than ten days after the completion of the
conference.
(b) At least
seven days before the conference, each party must provide the qualified neutral
and the other party with all information and documentation necessary to
understanding the dispute, or the alleged loss or damages.
(c) After
reviewing the information and documentation provided by the parties and after
consulting with the parties at the conference, the neutral shall issue to the
parties a nonbinding, written determination, which must include, to the extent
possible, findings and recommendations on the scope and amount of repairs necessary,
if any. The qualified neutral shall mail
the determination to each party within ten days after the conference.
(d) The
parties shall share the expense of the qualified neutral's billed time equally,
unless otherwise agreed. The neutral's
billed time for evaluation of documents, meeting with the parties, and issuing
a written determination must not exceed six hours, unless agreed to in writing
by both parties. The neutral must
identify the neutral's hourly rate to the parties.
Subd. 4.
Alternative process. If both parties agree, the parties may
designate an alternative dispute resolution process in lieu of participating in
the home warranty dispute resolution process established by this section. If the parties agree to an alternative
dispute resolution process, they shall provide written notice of the agreement
and a description of the selected process to the commissioner as soon as
practicable, but no later than the date the parties are required to select a
neutral under subdivision 2.
Subd. 5.
Effect on future proceedings. (a) The written determination issued by
the qualified neutral and all communications relating to the home warranty
dispute resolution process, except those between any party and the
commissioner, are deemed confidential settlement communications pursuant to
Rule 408 of the Minnesota Rules of Civil Procedure.
(b) No party
may use the written offer of repair provided by a vendor or home improvement
contractor, a counter-offer to repair, or a written determination issued by the
qualified neutral as evidence of liability in subsequent litigation between the
parties. The qualified neutral may not
be called to testify regarding the dispute resolution proceedings.
(c) Any
amount paid by a party for the services of a qualified neutral under this
section is deemed a taxable cost of the prevailing party in a subsequent
litigation involving the same subject matter.
Subd. 6.
Noncompliance with timelines;
effect. Failure to strictly
comply with the timelines shall not be grounds for dismissal of any claim
brought under section 327.05, provided that the parties can establish good
faith effort in complying with this section.
Sec. 10. REPORT.
By February
1, 2014, the commissioner of labor and industry shall report to the chairs and
ranking minority members of the committees of the legislature with jurisdiction
over civil law matters on the number of dispute resolution cases established
under Minnesota Statutes, section 327A.051, and, to the extent possible,
identify the number of cases that used the home warranty dispute process and
the number that used an alternative dispute resolution process under
subdivision 4 of that section.
Sec. 11. EFFECTIVE
DATE; APPLICATION.
Sections 1
to 9 are effective January 1, 2011, and apply to notices of claims given and
actions commenced on or after that date.
Sections 1
to 9 do not revive claims already barred."
Amend the title
as follows:
Page 1, line 4,
after the second semicolon, insert "requiring a report;"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Commerce and Labor.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 3389,
A bill for an act relating to economic development; creating the Minnesota
Science and Technology Authority; appropriating money; amending Laws 2009,
chapter 78, article 1, section 3, subdivision 2; proposing coding for new law
as Minnesota Statutes, chapter 116W; repealing Minnesota Statutes 2008,
section 116J.657.
Reported the
same back with the following amendments:
Page 1, line
23, delete "board" and insert "commission"
and delete "board" and insert "commission"
and delete "board" and insert "commission"
Page 2, line 8,
after the period, insert "The commissioner of employment and economic
development shall convene the first meeting of the authority no later than July
1, 2010."
Page 2, after
line 34, insert:
"Subd.
7. Expiration. The
authority is permanent and the provisions of section 15.059, subdivision 5, do
not apply."
Page 3, after
line 11, insert:
"(5)
provide grants or other forms of financial assistance to eligible recipients
for purposes of this chapter;"
Page 3, line
12, delete "(5)" and insert "(6)"
Page 3, line
15, delete "(6)" and insert "(7)"
Page 4, line 9,
delete "January 15" and insert "February 1"
Page 4, delete
lines 10 and 11 and insert "the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over finance and
economic"
Page 5, line
11, after the period, insert "Grants approved by the executive director
must be reviewed by the authority each month."
Page 5, line
13, after "if" insert "there are not sufficient funds
available or if"
Page 5, line
19, delete "BOARD" and insert "COMMISSION"
Page 5, delete
lines 20 to 33 and insert:
"Subdivision
1. Advisory commission membership. A Science and Technology Initiative
Advisory Commission of 17 members is established and is comprised of:
(1) two
representatives of the University of Minnesota, selected by the president of
the university, including a faculty member actively involved in science and
technology research;
(2) a
representative of Minnesota State Colleges and Universities, selected by the
chancellor;
(3) the
chief executive officer of the Mayo Clinic or a designee;
(4) six
chief executive officers or designees from science-oriented or
technology-oriented companies;
(5) four
representatives from science-oriented and technology-oriented organizations;
(6) one
representative of organized labor;
(7) a
venture capital representative; and
(8) a
representative of angel investors.
A member
must have experience in science or technology in order to serve on the
commission.
Members of
the commission listed in clauses (4) to (8) shall be appointed by the
authority."
Page 5, line
34, delete "board" and insert "commission"
and delete "board" and insert "commission"
Page 6, line 1,
delete "legislature" and insert "chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over economic development"
Page 6, line 5,
delete "board" and insert "commission"
Page 6, line 7,
delete "board" and insert "commission" and
delete "board" and insert "commission"
Page 6, line 11,
after the period, insert "The compensation required under this section
must be paid by the authority."
Page 6, lines
12, 14, and 15, delete "board" and insert "commission"
Page 6, line 13,
after "director" insert "of the authority"
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Finance.
The
report was adopted.
Pelowski from
the Committee on State and Local Government Operations Reform, Technology and
Elections to which was referred:
H. F. No. 3475,
A bill for an act relating to education; creating an independent agency to
oversee the management of Minnesota's permanent school fund lands; amending
Minnesota Statutes 2008, sections 16A.125, subdivision 5; 84.027, subdivision
18; 84.085, subdivision 1; 92.12, subdivision 1; 92.121; 92.13; 93.2236;
94.342, subdivision 5; Minnesota Statutes 2009 Supplement, section 16A.06,
subdivision 11; proposing coding for new law as Minnesota Statutes, chapter 128E.
Reported the
same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 16A.06, subdivision 11, is amended to read:
Subd. 11. Permanent
school fund reporting. The
commissioner shall annually report to the Board of Trustees of the Permanent
School Trust Lands Administration, the Permanent School Fund Advisory
Committee, and the legislature the amount of the permanent school fund
transfer and information about the investment of the permanent school fund
provided by the State Board of Investment.
The State Board of Investment shall provide information about how they
maximized the long-term economic return of the permanent school fund.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 2. Minnesota Statutes 2008, section 16A.125,
subdivision 5, is amended to read:
Subd. 5. Forest
trust lands. (a) The term
"state forest trust fund lands" as used in this subdivision, means
public land in trust under the Constitution set apart as "forest lands
under the authority of the commissioner" of natural resources as defined
by section 89.001, subdivision 13.
(b) The
commissioner of management and budget shall credit the revenue from the forest
trust fund lands to the forest suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
(c) After a
fiscal year, the commissioner of management and budget shall certify the total
costs incurred for forestry during that year under appropriations for the
protection, improvement, administration, and management of state forest trust
fund lands and construction and improvement of forest roads to enhance the
forest value of the lands. The
certificate must specify the trust funds interested in the lands. The commissioner of natural resources and
the director of the Permanent School Trust Lands Administration shall
supply the commissioner of management and budget with the information needed
for the certificate.
(d) After a
fiscal year, the commissioner shall apportion the receipts and
distribute the receipts credited to the suspense account during that fiscal
year as follows:
(1) the amount
of the certified costs incurred by the state Department of Natural
Resources for forest management, forest improvement, and road improvement
during the fiscal year shall be transferred to the forest management investment
account established under section 89.039, and the portion of the certified
costs incurred by the Permanent School Trust Lands Administration must be
transferred to that agency's investment account;
(2) the balance
of the certified costs incurred by the state Department of Natural
Resources during the fiscal year shall be transferred to the general fund;
and
(3) the balance
of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the
receipts.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 3. Minnesota Statutes 2008, section 84.027,
subdivision 18, is amended to read:
Subd. 18. Permanent
school fund authority; reporting.
The commissioner of natural resources director of the
Permanent School Trust Lands Administration has the authority and
responsibility for the administration of school trust lands under sections
92.121 and 127A.31. The commissioner
director shall biannually report to the Permanent School Fund Advisory
Committee and the legislature on the management of the school trust lands that
shows how the commissioner director has and will continue to
achieve the following goals:
(1) manage the
school trust lands efficiently;
(2) reduce the
management expenditures of school trust lands and maximize the revenues
deposited in the permanent school trust fund;
(3) manage the
sale, exchange, and commercial leasing of school trust lands to maximize the
revenues deposited in the permanent school trust fund and retain the value from
the long-term appreciation of the school trust lands; and
(4) manage the
school trust lands to maximize the long-term economic return for the permanent
school trust fund while maintaining sound natural resource conservation and
management principles.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 4. Minnesota Statutes 2008, section 84.085,
subdivision 1, is amended to read:
Subdivision
1. Authority. (a) The commissioner of natural resources may
accept for and on behalf of the state any gift, bequest, devise, or grants of
lands or interest in lands or personal property of any kind or of money
tendered to the state for any purpose pertaining to the activities of the
department or any of its divisions. Any
money so received is hereby appropriated and dedicated for the purpose for
which it is granted. Lands and interests
in lands so received may be sold or exchanged as provided in chapter 94.
(b) When the
commissioner of natural resources accepts lands or interests in land, the
commissioner may reimburse the donor for costs incurred to obtain an appraisal
needed for tax reporting purposes. If
the state pays the donor for a portion of the value of the lands or interests
in lands that are donated, the reimbursement for appraisal costs shall not
exceed $1,500. If the donor receives no
payment from the state for the lands or interests in lands that are donated,
the reimbursement for appraisal costs shall not exceed $5,000.
(c) The
commissioner of natural resources, on behalf of the state, may accept and use
grants of money or property from the United States or other grantors for
conservation purposes not inconsistent with the laws of this state. Any money or property so received is hereby
appropriated and dedicated for the purposes for which it is granted, and shall
be expended or used solely for such purposes in accordance with the federal
laws and regulations pertaining thereto, subject to applicable state laws and
rules as to manner of expenditure or use providing that the commissioner may
make subgrants of any money received to other agencies, units of local
government, private individuals, private organizations, and private nonprofit
corporations. Appropriate funds and
accounts shall be maintained by the commissioner of management and budget to
secure compliance with this section.
(d) The commissioner
may accept for and on behalf of the permanent school fund a donation of lands,
interest in lands, or improvements on lands.
A donation so received shall become state property, be classified as
school trust land as defined in section 92.025, and be managed consistent with
section 127A.31.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 5. Minnesota Statutes 2008, section 92.12,
subdivision 1, is amended to read:
Subdivision
1. Appraisers. The director of the Permanent School Trust
Lands Administration may have any school trust land appraised. The commissioner may have any school
trust or other state lands appraised.
The appraisals must be made by regularly appointed and qualified state
appraisers. To be qualified, an appraiser
must hold a state appraiser license issued by the Department of Commerce. The appraisal must be in conformity with the
Uniform Standards of Professional Appraisal Practice of the Appraisal
Foundation.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 6. Minnesota Statutes 2008, section 92.121, is
amended to read:
92.121 PERMANENT SCHOOL FUND LANDS.
The director
of the Permanent School Trust Lands Administration and the commissioner of
natural resources shall exchange permanent school fund land as defined in the
Minnesota Constitution, article XI, section 8, located in state parks, state
recreation areas, wildlife management areas, scientific and natural areas, or
state waysides or on lands managed by the commissioner as old growth stands,
for other lands as allowed by the Minnesota Constitution, article XI, section
10, and section 94.343, subdivision 1, that are compatible with the goal of the
permanent school fund lands in section 127A.31 when, as a result of management
practices applied to the permanent school fund lands and associated resources,
revenue generation has been diminished or is prohibited and no alternative has
been put into effect to compensate the permanent school fund for the income
losses.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 7. Minnesota Statutes 2008, section 92.13, is
amended to read:
92.13 STATE LANDS, DATE OF SALE.
The
commissioner shall hold public sales of school and other state lands other
than school lands when it is advantageous to the state and to intending
buyers and settlers.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 8. Minnesota Statutes 2008, section 93.2236, is
amended to read:
93.2236 MINERALS MANAGEMENT ACCOUNT.
(a) The minerals
management account is created as an account in the natural resources fund. Interest earned on money in the account
accrues to the account. Money in the
account may be spent or distributed only as provided in paragraphs (b) and (c).
(b) If the
balance in the minerals management account exceeds $3,000,000 on June 30, the
amount exceeding $3,000,000 must be distributed to the permanent school fund
and the permanent university fund. The
amount distributed to each fund must be in the same proportion as the total
mineral lease revenue received in the previous biennium from school trust lands
and university lands.
(c) Subject to
appropriation by the legislature, and approval by the director of the
Permanent School Trust Lands Administration, money in the minerals management
account may be spent by the commissioner of natural resources for mineral
resource management and projects to enhance future mineral income and promote
new mineral resource opportunities.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 9. Minnesota Statutes 2008, section 94.342,
subdivision 5, is amended to read:
Subd. 5. Additional
restrictions on school trust land.
School trust land may be exchanged with other Class A land only if the Permanent
School Fund Advisory Committee is appointed as temporary Board of
Trustees of the Permanent School Trust Lands Administration is serving as
trustee of the school trust land for purposes of the exchange. The committee shall provide independent legal
counsel to review the exchanges.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 10. [128E.01]
CITATION; PERMANENT SCHOOL TRUST LANDS ADMINISTRATION ACT.
This chapter
may be cited as the Permanent School Trust Lands Administration Act.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 11. [128E.02]
POLICY AND PURPOSE.
(a) The
purpose of chapter 128E is to establish an administration and board to manage
Minnesota's school trust lands in accordance with the provisions of the
Minnesota Constitution, article XI, section 8.
(b) As
trustee, the state must manage the lands and revenues generated from the lands
in the most prudent and profitable manner possible, and not for any purpose
inconsistent with the best interests of the trust beneficiaries as defined in
the Minnesota Constitution, article XI, section 8.
(c) The
trustee must be concerned with both income for the current beneficiaries and
the preservation of trust assets for future beneficiaries, which requires a
balancing of short-term and long-term interests so that long-term benefits are
not lost in an effort to maximize short-term gains.
(d) The
beneficiaries do not include other governmental institutions or agencies, the
public at large, or the general welfare of this state. This chapter shall be liberally construed to
enable the board of trustees, the director, and the administration to
faithfully fulfill the state's obligations to the trust beneficiaries.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 12. [128E.03]
DEFINITIONS.
Subdivision
1. Administration. "Administration" means the
Permanent School Trust Lands Administration.
Subd. 2.
Board. "Board" or "board of
trustees" means the Permanent School Trust Lands Board of Trustees.
Subd. 3.
Director. "Director" or "director of the
Permanent School Trust Lands Administration" means the chief executive
officer of the Permanent School Trust Lands Administration.
Subd. 4.
School trust land. "School trust land" means land
granted by the United States for use of schools within each township, swampland
granted to the state, and internal improvement land that are reserved for
permanent school fund purposes under the Minnesota Constitution, article XI,
section 8, and land exchanged, purchased, or granted to the permanent school
fund.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 13. [128E.04]
GOVERNANCE.
Subdivision
1. Establishment. The Permanent School Trust Lands
Administration is established. The
administration is an independent state agency and not a division of any other
department and is not subject to section 16B.37.
Subd. 2.
Management. The Permanent School Trust Lands
Administration shall manage all school trust lands within the state. The administration is managed by a director
appointed by a majority vote of the board of trustees. The board of trustees shall provide policies
for the management of the administration and for the management of trust lands
and assets.
Subd. 3.
Joint ventures. The Permanent School Trust Lands
Administration, upon approval of the board of trustees, may enter into joint
ventures to develop trust lands and minerals.
Subd. 4.
Board of trustees membership;
nomination list; qualifications; terms; replacement; chair; quorum. (a) There is established the Permanent
School Trust Lands Board of Trustees.
(b) The board
shall consist of seven members appointed by the governor with the consent of
the senate for six-year terms. Of the
initial appointments to the board, the governor shall appoint one member to
serve a six-year term, one member to serve a five-year term, one member to
serve a four-year term, one member to serve a three-year term, one member to
serve a two-year term, and one member to serve a one-year term. All subsequent appointments shall be for a
term of six years, except, if a vacancy occurs, the governor shall appoint a replacement
to fill the unexpired term.
(c) The
governor shall select six of the seven appointees to the board from a
nomination list of at least two candidates for each position or vacancy
submitted according to subdivision 5.
The governor may request an additional nomination list of at least two
candidates from the nominating committee if the initial list of candidates for
a given position is unacceptable.
(d) The
governor may appoint one member without requiring a nomination list. This member serves a six-year term, but may
be removed at the pleasure of the governor.
(e) Each
board member must posses outstanding professional qualifications pertinent to
the purposes and activities of the trust.
Qualifications which are pertinent include: renewable and nonrenewable resource management
or development, real estate, business, finance, trust administration, asset
management, and the practice of law in the areas of natural resources or real
estate.
(f) The
board of trustees shall select a chair from its membership. The governor or five board members may, for
cause, remove a member of the board.
(h)
Compensation and reimbursement of expenses for members of the board of trustees
is as provided in section 15.0575.
Subd. 5.
Board of trustees nominating
committee. The board of
trustees nominating committee consists of 12 members. Six members must be appointed by the
Subcommittee on Committees of the Committee on Rules and Administration of the
senate. Six members must be appointed by
the speaker of the house. A legislator
may not be a member of the committee.
Appointing authorities must attempt to appoint members who are
knowledgeable about school trust funds issues.
Geographical representation must be taken into consideration when making
appointments. Membership terms,
compensation, and removal of the members are governed by section 15.0575.
Subd. 6.
Information to board. Board members shall be given access to all
administration records and personnel consistent with law and as necessary to
permit the board to accomplish its responsibilities to ensure that the
administration is in full compliance with applicable policies and law.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 14. [128E.05]
POLICIES.
Subdivision
1. Management. The board shall establish policies for the
management of the Permanent School Trust Lands Administration. The policies shall:
(1) be
consistent with the Minnesota Constitution and state law;
(2) reflect
undivided loyalty to the beneficiaries consistent with fiduciary duties;
(3) require
the return of not less than fair market value for the use, sale, or exchange of
school trust assets;
(4) seek to
optimize trust land revenues and increase the value of trust land holdings
consistent with the balancing of short-term and long-term interests, so that
long-term benefits are not lost in an effort to maximize short-term gains; and
(5) maintain
the integrity of the trust and prevent the misapplication of its lands and its
revenues.
Subd. 2.
Duties. The board and the director shall recommend
to the governor and the legislature any necessary or desirable changes in
statutes relating to the trust or their trust responsibilities. The board shall develop policies for the
long-term benefit of the trust utilizing the broad discretion and power granted
to it in this chapter.
Subd. 3.
Policies continued unless
changed. Policies adopted by
the Department of Natural Resources prior to the effective date of this act
regarding school trust lands shall remain in effect until amended or repealed
by the board. The administration shall
be the named party in substitution of the Department of Natural Resources or
its predecessor agencies with respect to all documents affecting trust lands
from the effective date of this act.
Subd. 4.
Accept land and property. The board may accept for and on behalf of
the permanent school fund a donation of lands, interest in lands, or
improvements on lands. A donation so
received shall become state property, be classified as school trust land as
defined in section 92.025, and be managed consistent with section 127A.31.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 15. [128E.06]
DIRECTOR.
Subdivision
1. Term. The board shall select the director on the
basis of outstanding professional qualifications pertinent to the purposes and
activities of the trust. The director
serves in the unclassified service at the pleasure of the board.
Subd. 2.
Compensation. The board shall establish the compensation
of the director and annually report the director's compensation to the
legislature. The compensation and
performance of the director shall be examined each year as part of the board's
budget review process. The director's
compensation is subject to section 3.855.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 16. [128E.07]
RESPONSIBILITIES OF THE DIRECTOR.
Subdivision
1. Duties
and budget review. In
carrying out the policies of the board of trustees and in establishing
procedures and rules, the director shall:
(1) take an
oath of office before assuming any duties as the director;
(2) adopt
procedures necessary for the proper administration of matters entrusted to the
director by state law and board policy;
(3)
faithfully manage the administration under the policies established by the
board;
(4) submit
to the board and for public inspection by October 1 of each year an annual
management budget and financial plan for operations of the administration and,
after approval by the board, submit the budget to the governor;
(5) direct
and control the budget expenditures as finally authorized and appropriated;
(6)
establish job descriptions and employ, within the limitation of the budget,
staff necessary to accomplish the purposes of the office;
(7)
establish, in accordance with generally accepted principles of fund accounting,
a system to identify and account for the assets and vested interests of each
beneficiary;
(8) maintain
appropriate records of trust activities to enable the legislative auditor to
conduct periodic audits of trust activities;
(9) provide
that all leases, contracts, and agreements be submitted to legal counsel for
review of compliance with applicable law and fiduciary duties prior to
execution and utilize the services of the attorney general as provided in
section 128E.08;
(10) keep
the board, beneficiaries, governor, legislature, and the public informed about
the work of the director and administration by reporting to the board in a
public meeting at least once during each calendar quarter; and
(11) respond
in writing within a reasonable time to a request by the board for responses to
questions on policies and practices affecting the management of the trust.
Subd. 2.
Additional responsibilities. The director may:
(1) contract
with other public agencies for personnel management services; and
(2) with the
approval of the board, enter into joint ventures and other business
arrangements consistent with the purposes of the trust.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 17. [128E.08]
ATTORNEY GENERAL.
(a) The
attorney general shall: represent the
board, director, or administration in any legal action relating to trust lands
except as otherwise provided in paragraph (c); review leases, contracts, and
agreements submitted for review prior to execution; and undertake suits for the
collection of royalties, rental, and other damages in the name of the state.
(b) The
attorney general may institute actions against any party to enforce this
chapter or to protect the interests of the trust beneficiaries.
(c) The
trust beneficiaries specified in the Minnesota Constitution, article XI,
section 8, may bring an action against the board of trustees to ensure that the
board of trustees faithfully fulfills the board's obligations to the trust beneficiaries.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 18. [128E.09]
LAND EXCHANGE.
The director
of the Permanent School Trust Lands Administration may enter into land exchange
agreements with the commissioner of natural resources according to the
provisions of section 92.121.
Sec. 19. [128E.10]
FOREST AND MINERALS MANAGEMENT.
Subdivision
1. Control. All forest and minerals management on
school trust lands is vested with the board of the Permanent School Trust Lands
Administration according to the provisions of this chapter.
Subd. 2.
May contract. The administration may contract with any
public or private entity to make improvements to or upon trust lands and to
carry out any of the responsibilities of the office, so long as the contract
requires strict adherence to trust management principles and applicable law,
and is subject to immediate suspension or termination for cause.
EFFECTIVE DATE.
This section is effective July 1, 2013.
Sec. 20. TRANSFER
OF STAFF AND ASSETS AND BUDGET RESPONSIBILITY.
All
personnel, equipment, and other assets directly associated with the management
of the permanent school fund lands are transferred from the Department of
Natural Resources and any other state agency to the Permanent School Trust
Lands Administration effective July 1, 2013, according to Minnesota Statutes,
section 15.039.
EFFECTIVE DATE.
This section is effective July 1, 2013."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Environment Policy and Oversight.
The
report was adopted.
Pursuant
to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 3, H.
F. No. 3475 was re‑referred to the Committee on Rules and Legislative
Administration.
Rukavina from
the Higher Education and Workforce Development Finance and Policy Division to
which was referred:
H. F. No. 3477,
A bill for an act relating to higher education; requiring notice of changes to
administration of financial aid programs; modifying transfer authority for
grant programs; amending Laws 2009, chapter 95, article 1, section 3,
subdivision 21; proposing coding for new law in Minnesota Statutes, chapter
136A.
Reported the
same back with the recommendation that the bill pass.
The
report was adopted.
Hilstrom from
the Committee on Public Safety Policy and Oversight to which was referred:
H. F. No. 3634,
A bill for an act relating to health occupations; requiring license revocation
and license denial for any health-related licensed professional convicted of a
felony-level criminal sexual conduct offense; amending Minnesota Statutes 2008,
section 214.10, by adding a subdivision.
Reported the
same back with the following amendments:
Page 1, delete
line 10 and insert "health-related licensing board listed in section
214.01, subdivision 2, shall not grant a credential to any person"
Page 1, after
line 18, insert:
"Sec.
2. Minnesota Statutes 2008, section
364.09, is amended to read:
364.09 EXCEPTIONS.
(a) This
chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph
(f); to fire protection agencies; to eligibility for a private detective or
protective agent license; to the licensing and background study process under
chapters 245A and 245C; to eligibility for school bus driver endorsements; to
eligibility for special transportation service endorsements; to eligibility for
a commercial driver training instructor license, which is governed by section
171.35 and rules adopted under that section; to emergency medical services
personnel, or to the licensing by political subdivisions of taxicab drivers, if
the applicant for the license has been discharged from sentence for a
conviction within the ten years immediately preceding application of a
violation of any of the following:
(1) sections
609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;
(2) any
provision of chapter 152 that is punishable by a maximum sentence of 15 years
or more; or
(3) a violation
of chapter 169 or 169A involving driving under the influence, leaving the scene
of an accident, or reckless or careless driving.
This chapter also shall not apply to
eligibility for juvenile corrections employment, where the offense involved
child physical or sexual abuse or criminal sexual conduct.
(b) This
chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in
this section precludes the Minnesota Police and Peace Officers Training Board
or the state fire marshal from recommending policies set forth in this chapter
to the attorney general for adoption in the attorney general's discretion to
apply to law enforcement or fire protection agencies.
(d) This
chapter does not apply to a license to practice medicine credential
that has been denied or revoked by the Board of Medical Practice pursuant to
section 147.091, subdivision 1a any of the health-related licensing
boards listed in section 214.01, subdivision 2."
Correct the
title numbers accordingly
With the
recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING OF HOUSE
BILLS
H.
F. Nos. 353, 802, 1671, 1828, 2510, 2634, 3055, 3477 and 3634 were read for the
second time.
SECOND READING OF SENATE
BILLS
S.
F. Nos. 2494, 2946 and 3167 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Juhnke introduced:
H. F. No. 3707, A bill for an act relating
to state lottery; directing the lottery to develop a special scratch lottery
game to benefit Minnesota veterans, members of the military, and their families;
amending Minnesota Statutes 2008, section 349A.10, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 349A.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Hackbarth introduced:
H. F. No. 3708, A bill for an act relating
to state government; appropriating money and making reductions for environment,
natural resources, energy, and commerce; providing for the transfer of funds;
modifying requirements for youth hunters; providing for licensing and
regulation in mortgage loan origination and mortgage loan business; modifying
disposition of certain receipts; modifying continuing education requirements
for commerce licenses; modifying regulation of securities; providing for
certain electronic transactions; establishing accounts; amending Minnesota
Statutes 2008, sections 58.04, subdivision 1; 58.08, by adding a subdivision;
58.09; 58.10, subdivision 1; 58.11; 80A.46; 84.027, subdivision 15; 85.052,
subdivision 4; 85.22, subdivision 5; 97A.015, by adding a subdivision; 97A.435,
subdivision 2; 97A.445, subdivision 5; 97A.451, subdivision 3; 97A.475,
subdivisions 3a, 4, 43, 44; 97B.015, subdivisions 4, 5, 5a, 6, 7; 97B.020;
97B.021, subdivision 1; 97B.022, subdivision 2; 97B.301, subdivisions 3, 6;
97B.601, subdivision 4; 103G.705, subdivision 2; Minnesota Statutes 2009
Supplement, sections 45.30, subdivision 6; 58.06, subdivision 2; 97A.075,
subdivisions 1, 5; 97A.441, subdivision 7; 97A.475, subdivisions 2, 3; 357.021,
subdivision 7; Laws 2009, chapter 172, article 2, section 5; proposing coding
for new law in Minnesota Statutes, chapters 97A; 97B; proposing coding for new
law as Minnesota Statutes, chapter 58A; repealing Minnesota Statutes 2008,
sections 97A.451, subdivisions 3a, 4; 97A.485, subdivision 12; 97B.022,
subdivision 1; Minnesota Statutes 2009 Supplement, section 58.126.
The bill was read for the first time and
referred to the Committee on Finance.
Huntley; Hosch; Thissen; Murphy, E.;
Loeffler; Norton; Gardner; Solberg; Scalze and Ruud introduced:
H. F. No. 3709, A bill for an act relating
to health; making conforming and other changes related to federal health care
reform; providing funding for health care subsidies; establishing accountable
care organizations; establishing a publicly administered health plan; expanding
eligibility for medical assistance; repealing the MinnesotaCare program and
related taxes; amending Minnesota Statutes 2008, sections 16A.724, by adding a
subdivision; 62U.05; 256.01, by adding subdivisions; 256B.055, by adding a
subdivision; 256B.056, subdivisions 3, 4, by adding subdivisions; 256B.0754, by
adding a subdivision; 256L.04, subdivision 1; 295.52, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 62U; repealing
Minnesota Statutes 2008, sections 62E.08; 62E.09; 62E.091; 62E.10; 62E.101;
62E.11; 62E.12; 62E.13; 62E.14; 62E.141; 62E.15; 62E.16; 62E.18; 62E.19;
256L.01, subdivisions 1, 1a, 2, 3, 3a, 5; 256L.02, subdivisions 1, 2, 3;
256L.03, subdivisions 1, 1a, 2, 3, 3a, 4, 6; 256L.04, subdivisions 1, 1a, 2,
2a, 7, 7a, 7b, 8, 9, 10, 12, 13; 256L.05, subdivisions 1a, 1b, 2, 3, 3a, 3b,
3c, 4, 5; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 4, 5, 6, 7;
256L.10; 256L.11, subdivisions 2, 2a, 3, 4, 5, 6, 7; 256L.12; 256L.15; 256L.17,
subdivisions 1, 2, 4, 7; 256L.18; 256L.22; 256L.24; 256L.26; 256L.28; 295.52,
subdivisions 1, 1a, 2, 3, 4, 4a, 5, 6, 7; 295.53, subdivisions 1, 2, 3, 4a;
295.54; 295.55; 295.57, subdivisions 1, 2, 3, 4; 295.58; 295.582; 295.59;
297I.05, subdivision 5; Minnesota Statutes 2009 Supplement, sections 256L.01,
subdivision 4a; 256L.03, subdivision 5; 256L.04, subdivision 10a; 256L.05,
subdivision 1; 256L.11, subdivision 1; 256L.17, subdivisions 3, 5; 295.56;
295.57, subdivision 5.
The bill was read for the first time and
referred to the Committee on Finance.
Juhnke and Davnie introduced:
H. F. No. 3710, A bill for an act relating
to consumer protection; regulating consumer contracts; imposing certain
language requests; providing remedies; amending Minnesota Statutes 2008,
section 325G.31.
The bill was read for the first time and
referred to the Committee on Commerce and Labor.
Fritz introduced:
H. F. No. 3711, A bill for an act relating
to state government; requiring preference for purchasing from local growers or
distributors when purchasing fresh produce for consumption in state
correctional facilities; proposing coding for new law in Minnesota Statutes,
chapter 16C.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Davnie introduced:
H. F. No. 3712, A bill for an act relating
to taxation; sales and use; providing an exemption for construction materials
for the Orchestra Hall and Peavey Plaza renovation; amending Minnesota Statutes
2008, section 297A.71, by adding a subdivision.
The bill was read for the first time and
referred to the Committee on Taxes.
Huntley; Kelliher; Thissen; Murphy, E.,
and Sertich introduced:
H. F. No. 3713, A bill for an act relating
to human services; expanding medical assistance eligibility to include certain
adults without children; appropriating money; including a repealer; amending
Minnesota Statutes 2008, sections 256B.055, by adding a subdivision; 256B.056,
subdivision 4.
The bill was read for the first time and
referred to the Committee on Finance.
Kalin introduced:
H. F. No. 3714, A bill for an act relating
to energy; amending size threshold for certain small energy generation
projects; amending Minnesota Statutes 2008, section 216B.164, subdivisions 3,
4, 6.
The bill was read for the first time and
referred to the Energy Finance and Policy Division.
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 House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 2706, A bill for an act relating
to certified public accountants; clarifying licensing requirements; amending
Minnesota Statutes 2008, sections 3.972, subdivision 1; 6.66; 110A.32,
subdivision 2; 144A.05; 367.36, subdivision 1; 385.06, subdivision 2; 412.222;
412.591, subdivision 3; 471.49, subdivision 10; 471.6985, subdivision 2;
515B.3-121; Minnesota Statutes 2009 Supplement, section 297E.06, subdivision 4;
repealing Minnesota Rules, part 8122.0150, subpart 7.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE AND REPASSAGE
Atkins moved that the House concur in the
Senate amendments to H. F. No. 2706 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2706, A bill for an act relating
to certified public accountants; clarifying licensing requirements; amending
Minnesota Statutes 2008, sections 3.972, subdivision 1; 6.66; 110A.32,
subdivision 2; 144A.05; 367.36, subdivision 1; 385.06, subdivision 2; 412.222;
412.591, subdivision 3; 471.49, subdivision 10; 471.6985, subdivision 2;
515B.3-121; Minnesota Statutes 2009 Supplement, section 297E.06, subdivision 4;
repealing Minnesota Rules, parts 8122.0150, subpart 7; 8122.0600.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 130 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Hackbarth
Westrom
The bill was repassed, as amended by the
Senate, and its title agreed to.
REPORT FROM
THE COMMITTEE ON RULES AND
LEGISLATIVE
ADMINISTRATION
Sertich from the Committee on Rules and
Legislative Administration, pursuant to rule 1.21, designated the following
bills to be placed on the Calendar for the Day for Thursday, March 18, 2010:
H. F. Nos. 3427, 2709 and
2879; S. F. No. 2572; and H. F. Nos. 653, 1780,
2988, 1182 and 2855.
CALENDAR FOR THE DAY
H. F. No. 3017, A bill for
an act relating to local government; authorizing municipalities to permit
certain solicitations; proposing coding for new law in Minnesota Statutes,
chapter 465.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed and its title agreed
to.
S. F. No. 2439, A bill for
an act relating to commerce; prohibiting the use of live check solicitations;
proposing coding for new law in Minnesota Statutes, chapter 325F.
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 103 yeas and 30 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Holberg
Kelly
Kiffmeyer
Kohls
Magnus
McFarlane
Peppin
Reinert
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Zellers
The bill was passed and its title agreed
to.
H. F. No. 3427 was reported
to the House and given its third reading.
Seifert moved that
H. F. No. 3427 be re-referred to the Committee on Civil Justice.
A roll call was requested and properly
seconded.
The question was taken on the Seifert
motion and the roll was called. There
were 104 yeas and 27 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Holberg
Hoppe
Hosch
Howes
Jackson
Juhnke
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Lanning
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
Spk. Kelliher
Those who
voted in the negative were:
Champion
Clark
Davnie
Greiling
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Kalin
Laine
Lesch
Liebling
Lieder
Mariani
Murphy, E.
Murphy, M.
Nelson
Sertich
Simon
Slawik
Wagenius
Winkler
The motion prevailed and H. F. No. 3427 was
re-referred to the Committee on Civil Justice.
H. F. No. 2709
was reported to the House.
Norton moved to amend H. F.
No. 2709, the first engrossment, as follows:
Page 1, delete section 2
Page 2, lines 9 and 14,
after "volunteers" insert "without compensation or the
expectation of compensation"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 2709, A bill for an act relating to
civil actions; specifying immunity for certain entities in the event of an
emergency or disaster; amending Minnesota Statutes 2008, sections 12.03, by
adding a subdivision; 12.22, by adding a subdivision.
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 134 yeas and 0
nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed, as amended, and its
title agreed to.
H. F. No. 2879 was reported
to the House.
Kohls moved
to amend H. F. No. 2879, the second engrossment, as follows:
Page 1,
after line 11, insert:
"Sec.
2. REPEALER.
(a)
Minnesota Statutes 2008, sections 65B.41; 65B.42; 65B.43; 65B.44; 65B.45;
65B.46; 65B.47; 65B.48, subdivisions 1, 2, 3, 3a, 4, 5, 6, and 7; 65B.482;
65B.49, subdivisions 1, 2, 3, 3a, 4a, 5a, 7, 8, and 9; 65B.50; 65B.51; 65B.525;
65B.53; 65B.54, subdivisions 2, 3, 4, 5, and 6; 65B.55; 65B.56; 65B.57; 65B.58;
65B.59; 65B.60; 65B.61, subdivisions 1, 2, 2a, and 3; 65B.63; 65B.64; 65B.65;
65B.66; 65B.685; and 65B.71, are repealed.
(b)
Minnesota Statutes 2009 Supplement, section 65B.54, subdivision 1, is repealed."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The Speaker called Hortman to the Chair.
The question was taken on the Kohls
amendment and the roll was called. There
were 33 yeas and 101 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
McFarlane
McNamara
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Sterner
Zellers
Those who
voted in the negative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
H. F. No. 2879, A bill for
an act relating to insurance; allowing certain minors to contract for
automobile insurance; proposing coding for new law in Minnesota Statutes,
chapter 65B.
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 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
The bill was passed and its title agreed
to.
S. F. No. 2259 was reported
to the House.
Drazkowski
moved to amend S. F. No. 2259, the first engrossment, as follows:
Page 1,
line 15, delete the second "the"
Page 1,
line 16, delete "Minnesota Historical Society,"
A roll call was requested and properly
seconded.
The question was taken on the Drazkowski
amendment and the roll was called.
Pursuant to rule 2.05, Kelliher was
excused from voting on the Drazkowski amendment to S. F. No. 2259, the first
engrossment.
There were 36 yeas and 97 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Mack
Magnus
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
The motion did not prevail and the
amendment was not adopted.
Abeler was excused for the remainder of
today's session.
Eastlund
moved to amend S. F. No. 2259, the first engrossment, as follows:
Page 1,
after line 22, insert:
"Sec.
2. Minnesota Statutes 2008, section
471.59, is amended by adding a subdivision to read:
Subd. 14. Audits. (a) A governmental unit, as defined in
subdivision 1, that enters into a joint powers agreement, agrees by entering
into a joint powers agreement to be audited by the state auditor or a public
accountant designated by the state auditor.
The governmental unit also agrees to pay for the audit. The governmental unit must cooperate with the
audit.
(b) This
subdivision does not apply to a governmental unit that is audited by the
legislative auditor under other law."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Eastlund
amendment and the roll was called.
Pursuant to rule 2.05, Kelliher was
excused from voting on the Eastlund amendment to S. F. No. 2259, the first
engrossment.
There were 46 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
The motion did not prevail and the
amendment was not adopted.
Anderson, S., offered an amendment to
S. F. No. 2259, the first engrossment.
POINT OF ORDER
Sertich raised a point of order pursuant
to rule 3.21 that the Anderson, S., amendment was not in order. Speaker pro tempore Hortman ruled the point
of order well taken and the Anderson, S., amendment out of order.
Anderson, S., appealed the decision of
Speaker pro tempore Hortman.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Hortman stand as the judgment
of the House?" and the roll was called.
Pursuant to rule 2.05, Kelliher was
excused from voting on the Anderson, S., appeal.
There were 87 yeas and 45 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
So it was the judgment of the House that
the decision of Speaker pro tempore Hortman should stand.
S. F. No. 2259, A bill for
an act relating to local government; authorizing federally recognized Indian
tribes and the Minnesota Historical Society to participate in joint powers
agreements; amending Minnesota Statutes 2008, section 471.59, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called.
Pursuant to rule 2.05, Kelliher was
excused from voting on the final passage of S. F. No. 2259.
There were 90 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Zellers
The bill was passed and its title agreed
to.
Sertich moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
MOTIONS AND RESOLUTIONS
Sertich moved that the name of Anderson,
P., be added as an author on H. F. No. 1365. The motion prevailed.
Lieder moved that the name of Olin be
added as an author on H. F. No. 2587. The motion prevailed.
Liebling moved that the name of Eastlund
be added as an author on H. F. No. 2989. The motion prevailed.
Bigham moved that the name of Drazkowski
be added as an author on H. F. No. 3106. The motion prevailed.
Mullery moved that the name of Sterner be
added as an author on H. F. No. 3131. The motion prevailed.
Urdahl moved that the name of Drazkowski
be added as an author on H. F. No. 3474. The motion prevailed.
Dittrich moved that the name of Simon be
added as an author on H. F. No. 3475. The motion prevailed.
Hansen moved that the name of Davnie be
added as an author on H. F. No. 3512. The motion prevailed.
Clark moved that the name of Hayden be
added as an author on H. F. No. 3519. The motion prevailed.
Atkins moved that the name of Simon be
added as an author on H. F. No. 3550. The motion prevailed.
Murphy, E., moved that the name of Dean be
added as an author on H. F. No. 3630. The motion prevailed.
Beard moved that the names of Scott and
Olin be added as authors on H. F. No. 3681. The motion prevailed.
Atkins moved that the name of Reinert be
added as an author on H. F. No. 3700. The motion prevailed.
Mariani moved that
H. F. No. 1818 be recalled from the Committee on State and Local
Government Operations Reform, Technology and Elections and be re-referred to
the Committee on Finance. The motion prevailed.
Hilstrom moved that
H. F. No. 2608, now on the General Register, be re-referred to
the Committee on Finance. The motion
prevailed.
Beard moved that
H. F. No. 3546 be recalled from the Energy Finance and Policy
Division and be re-referred to the Committee on Finance. The motion prevailed.
Huntley, Kelliher, Sertich, Thissen and
Murphy, E., introduced:
House Resolution No. 8, A House resolution
expressing the sense of the Minnesota House of Representatives regarding an
extension of the enhanced federal Medicaid match.
The resolution was referred to the
Committee on Finance.
The Speaker resumed the Chair.
MOTION TO FIX TIME TO
CONVENE
Sertich moved that when the House adjourns today it adjourn
until 10:00 a.m., Monday, March 22, 2010.
The motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced his intention to place
H. F. No. 1671 on the Fiscal Calendar for Monday, March 22,
2010.
IN MEMORIAM
The members of the House paused for a moment of silence in
memory of former Representative Ken Zubay of Rochester, Minnesota, who served
from 1975-1982 and former Representative Bob Waltman from Elgin, Minnesota, who
served from 1983-1994, both of whom recently passed away.
ADJOURNMENT
Sertich moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 10:00 a.m., Monday, March 22, 2010.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives