STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
ONE HUNDRED THIRD DAY
Saint Paul, Minnesota, Wednesday, May 12, 2010
The House of Representatives convened at 11:00
a.m. and was called to order by Rob Eastlund, Speaker pro tempore.
Prayer was offered by the Reverend Bill
Goodwin, Lighthouse Christian Church, Rosemount, 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
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
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.
Mariani was excused until 2:35 p.m. Demmer was excused until 3:15 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. Juhnke
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.
PETITIONS AND COMMUNICATIONS
The following communications were
received:
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 10, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State of
Minnesota
Dear Speaker
Kelliher:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3591, relating to
local government; permitting a mobile food unit to operate for more than 21
days in one place.
H. F. No. 3318, 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.
H. F. No. 1209, relating to
motor vehicles; removing expiration date relating to corporate deputy
registrars; providing for new location in Burnsville for deputy registrar.
H. F. No. 2899, relating to
data practices; providing an administrative remedy for certain data practices
violations; providing for data sharing agreements with the department of
education; providing civil penalties; appropriating money.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
I have the honor to inform you that the
following enrolled Acts of the 2010 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2010 |
Date Filed 2010 |
2990 292 2:05 p.m. May
10 May
10
2493 293 2:07 p.m. May
10 May
10
3591 294 2:08 p.m. May 10 May 10
3318 295 2:09 p.m. May 10 May 10
1209 296 2:10 p.m. May 10 May 10
2899 297 2:11 p.m. May 10 May 10
364 298 2:04 p.m. May
10 May
10
2437 299 2:13 p.m. May
10 May
10
2713 300 2:18 p.m. May
10 May
10
2855 301 2:19 p.m. May
10 May
10
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State
of Minnesota
Dear
Speaker Kelliher:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 3589, relating to
state government; reducing the reporting threshold for contracts for
professional or technical services.
H. F. No. 653, relating to
elections; changing certain municipal precinct and ward boundary procedures and
requirements.
H. F. No. 655, relating to
elections; requiring an affidavit of candidacy to state the candidate's
residence address or campaign contact address and telephone number; classifying
certain information; prohibiting placement of a candidate on the ballot if
residency requirements are not met; modifying candidate access to certain facilities;
requiring completion of absentee ballot certificate as prescribed in directions
before acceptance by ballot board.
H. F. No. 2668, relating to
real property; landlord and tenant; requiring receipts for cash payments;
providing for recovery of attorney fees under certain conditions; modifying
procedures for tenant screening fees; providing for imposition of late fees;
providing for eviction procedures for tenants of certain foreclosed property;
making clarifying, conforming, technical, and other changes to landlord and
tenant provisions.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2010 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2010 |
Date Filed 2010 |
3589 302 10:44 a.m. May 11 May 11
2912 303 10:47
a.m. May 11 May
11
2370 304 10:48
a.m. May 11 May
11
3055 305 10:49
a.m. May 11 May
11
3325 306 10:50
a.m. May 11 May
11
633 307 10:53
a.m. May 11 May
11
2759 308 10:54
a.m. May 11 May
11
2880 309 10:56
a.m. May 11 May
11
3027 310 10:57
a.m. May 11 May
11
2756 311 2:09
p.m. May 11 May
11
653 313 11:12 a.m. May 11 May 11
655 314 11:14 a.m. May 11 May 11
2668 315 11:17 a.m. May 11 May 11
Sincerely,
Mark
Ritchie
Secretary
of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State
of Minnesota
Dear
Speaker Kelliher:
I have vetoed and am returning Chapter No.
312, H. F. No. 3327, a bill exempting employee reporting
requirements of city-owned and county-owned hospitals.
All Minnesota government employee salary
data is classified "public" pursuant to Minnesota Statutes, section
13.43, subdivision 2. Minnesota
Statutes, section 471.701 was enacted to provide greater transparency by requiring
affirmative publication of salary data for certain highly compensated
employees. This legislation would
provide a carve-out exemption for some hospitals, thereby decreasing
accountability and transparency.
Sincerely,
Tim
Pawlenty
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
May 11, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The State
of Minnesota
Dear
Speaker Kelliher:
I have vetoed and am returning Chapter No.
340, H. F. No. 2037.
As you are aware, Minnesota and the nation
are experiencing historic economic challenges.
Minnesotans are concerned about their jobs and the jobs of their family
members, neighbors, and friends.
Minnesota is already one of the most highly taxed states in the
nation. The DFL proposal to add a fourth
tier income bracket at a rate of 9.1 percent would give Minnesota the
5th-highest income tax rate in the country.
It would also disproportionately harm small business owners and hamper
job creation in our state. The bill
would raise taxes for approximately 122,000 filers, with an average tax
increase of $2,800 in 2010.
Moreover, it is nonsensical to increase
taxes on job providers merely weeks after I signed a bill to provide tax
incentives for Minnesota businesses to grow jobs. This behavior sends a confusing and mixed
message to companies looking to produce jobs in Minnesota.
The bill also does very little to address
the budget deficit in the next biennium, leaving a nearly $5 billion deficit
for the next Legislature and Governor to address. It is irresponsible leadership not to
sincerely attempt to address this critical issue, as I did in my February
budget proposal.
I look forward to working with you on an
appropriate budget solution that does not raise taxes on Minnesotans and
significantly reduces the budget deficit in this budget cycle and the next one.
Sincerely,
Tim
Pawlenty
Governor
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Solberg
from the Committee on Ways and Means to which was referred:
H. F. No. 2922,
A bill for an act relating to retirement; Minneapolis Employees Retirement
Fund; transfer of administrative functions to the Public Employees Retirement
Association; creation of MERF consolidation account within the Public Employees
Retirement Association; making conforming changes; appropriating money;
amending Minnesota Statutes 2008, sections 11A.23, subdivision 4; 13D.01,
subdivision 1; 43A.17, subdivision 9; 43A.316, subdivision 8; 69.021,
subdivision 10; 126C.41, subdivision 3; 256D.21; 353.01, subdivision 2b, by
adding subdivisions; 353.03, subdivision 1; 353.05; 353.27, as amended; 353.34,
subdivisions 1, 6; 353.37, subdivisions 1, 2, 3, 4, 5; 353.46, subdivisions 2,
6; 353.64, subdivision 7; 353.71, subdivision 4; 353.86, subdivisions 1, 2;
353.87, subdivisions 1, 2; 353.88; 354.71; 354A.011, subdivision 27; 354A.39;
355.095, subdivision 1; 356.214, subdivision 1; 356.215, subdivision 8; 356.30,
subdivision 3; 356.302, subdivisions 1, 7; 356.303, subdivision 4; 356.407,
subdivision 2; 356.431, subdivision 1; 356.465, subdivision 3; 356.64; 356.65,
subdivision 2; 356.91; 422A.101, subdivision 3; 422A.26; 473.511, subdivision
3; 473.606, subdivision 5; 475.52, subdivision 6; Minnesota Statutes 2009 Supplement,
sections 6.67; 69.011, subdivision 1; 69.031, subdivision 5; 352.01,
subdivision 2b; 353.01, subdivision 2a; 353.06; 356.20, subdivision 2; 356.215,
subdivision 11; 356.32, subdivision 2; 356.401, subdivision 3; 356.415,
subdivision 2; 356.96, subdivision 1; 480.181, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 353; repealing Minnesota Statutes
2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; 356.43; 422A.01,
subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02;
422A.03; 422A.04; 422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8;
422A.06, subdivisions 1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09;
422A.10; 422A.101, subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14,
subdivision 1; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1,
2, 3, 4, 5, 6, 7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7;
422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23,
subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25;
Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision 8; 422A.08,
subdivision 5.
Reported
the same back with the following amendments:
Page 39,
delete section 26
Page 39,
line 28, delete "(a)" and delete "25, 27, and 28"
and insert "27"
Page 39,
delete line 29
Renumber
the sections in sequence
Amend the
title as follows:
Page 1,
line 5, delete "appropriating money;"
With the
recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 2471, A bill for an act relating to
commerce; regulating certain filings with the secretary of state; amending
Minnesota Statutes 2008, sections 318.02, subdivision 1; 557.01.
Reported the same back with the following amendments:
Page 1, after line 4, insert:
"Section 1. Minnesota
Statutes 2008, section 10A.01, subdivision 18, is amended to read:
Subd. 18. Independent expenditure. "Independent expenditure" means
an expenditure expressly advocating the election or defeat of a clearly
identified candidate, if the expenditure is made without the express or implied
consent, authorization, or cooperation of, and not in concert with or at the
request or suggestion of, any candidate or any candidate's principal campaign
committee or agent. An independent
expenditure is not a contribution to that candidate. An expenditure by a political party or
political party unit in a race where the political party has a candidate on the
ballot is not an independent expenditure An independent expenditure does
not include the act of announcing a formal public endorsement of a candidate
for public office, unless the act is simultaneously accompanied by an
expenditure that would otherwise qualify as an independent expenditure under
this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 2. Minnesota
Statutes 2008, section 10A.01, is amended by adding a subdivision to read:
Subd. 37.
Independent expenditure
political committee. "Independent
expenditure political committee" means a political committee that makes
only independent expenditures and disbursements permitted under section
10A.121, subdivision 1.
Sec. 3. Minnesota
Statutes 2008, section 10A.01, is amended by adding a subdivision to read:
Subd. 38.
Independent expenditure
political fund. "Independent
expenditure political fund" means a political fund that makes only
independent expenditures and disbursements permitted under section 10A.121,
subdivision 1.
Sec. 4. Minnesota
Statutes 2008, section 10A.12, is amended by adding a subdivision to read:
Subd. 1a.
When required for independent
expenditures. An association
other than a political committee that makes only independent expenditures and
disbursements permitted under section 10A.121, subdivision 1, must do so by
forming and registering an independent expenditure political fund if the
expenditure is in excess of $100 or by contributing to an existing independent
expenditure political committee or political fund.
Sec. 5. [10A.121]
INDEPENDENT EXPENDITURE POLITICAL COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS.
Subdivision 1.
Permitted disbursements. An independent expenditure political
committee or an independent expenditure political fund, in addition to making
independent expenditures, may:
(1) pay costs associated with its fund-raising and general
operations;
(2) pay for communications that do not constitute
contributions or approved expenditures; and
(3) make contributions to other independent expenditure
political committees or independent expenditure political funds.
Subd. 2.
Penalty. An independent expenditure political
committee or independent expenditure political fund is subject to a civil
penalty of up to four times the amount of the contribution or approved
expenditure if it does the following:
(1) makes a contribution to a candidate, party unit,
political committee, or political fund other than an independent expenditure
political committee or an independent expenditure political fund; or
(2) makes an approved expenditure.
This
penalty supersedes any penalty otherwise provided in statute.
Sec. 6. Minnesota
Statutes 2008, section 10A.20, subdivision 2, is amended to read:
Subd. 2. Time for filing. (a) The reports must be filed with the
board on or before January 31 of each year and additional reports must be filed
as required and in accordance with paragraphs (b) and (c).
(b) In each year in which the name of the candidate is on the
ballot, the report of the principal campaign committee must be filed 15 days
before a primary and ten days before a general election, seven days before a
special primary and a special election, and ten days after a special election
cycle.
(c) In each general election year, a political committee,
political fund, or party unit must file reports 28 and 15 days before a
primary and ten 42 and 15 days before a general election. Beginning in 2012, reports required under
this paragraph must also be filed 56 days before a primary.
Sec. 7. Minnesota
Statutes 2008, section 10A.20, subdivision 4, is amended to read:
Subd. 4. Period of report. A report must cover the period from the
last day covered by the previous report January 1 of the reporting year
to seven days before the filing date, except that the report due on January 31
must cover the period from the last day covered by the previous report to
December 31.
Sec. 8. Minnesota
Statutes 2008, section 10A.20, subdivision 12, is amended to read:
Subd. 12. Failure to file; penalty. The board must send a notice by certified
mail to any individual who fails to file a statement required by this section. If an individual fails to file a statement
due January 31 within ten business days after the notice was sent, the board
may impose a late filing fee of $5 $25 per day, not to exceed $100
$1,000, commencing with the 11th day after the notice was
sent.
If an individual fails to file a statement due before a
primary or election within three days after the date due, regardless of whether
the individual has received any notice, the board may impose a late filing fee
of $50 per day, not to exceed $500 $1,000, commencing on the fourth
day after the date the statement was due.
The board must send an additional notice by certified mail to
an individual who fails to file a statement within 14 days after the first
notice was sent by the board that the individual may be subject to a civil
penalty for failure to file a statement.
An individual who fails to file the statement within seven days after
the second notice was sent by the board is subject to a civil penalty imposed
by the board of up to $1,000.
EFFECTIVE
DATE. This section is effective June 1,
2010, and applies to statements required to be filed on or after that date.
Sec. 9. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 14.
Contributions of business
revenue. An association may,
if not prohibited by other law, contribute revenue from the operation of a
business to an independent expenditure political committee or an independent
expenditure political fund without complying with section 10A.27, subdivision
13.
Sec. 10. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 15.
Contributions of dues or
contribution revenue. An
association may, if not prohibited by other law, contribute revenue from
membership dues or fees, or from contributions received by the association to
an independent expenditure political committee or an independent expenditure
political fund without complying with section 10A.27, subdivision 13. Before the day when the recipient committee's
or fund's next report must be filed with the board under section 10A.20,
subdivision 2 or 5, an association that has contributed $2,000 or more in
aggregate to independent expenditure political committees or funds during the
calendar year must provide in writing to the recipient's treasurer a statement
that includes the name and address of each association that paid the
association dues or fees, or made contributions to the association that, in
total, aggregate $1,000 or more between January 1 of the calendar year and the
date of the contribution. The statement
must be certified as true and correct by an officer of the contributing
association.
Sec. 11. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 16.
Treasurer to submit disclosure
statements. The treasurer of
a political committee or political fund receiving a statement required under
section 10A.27, subdivision 15, must file a copy of the statement before the
deadline for the committee's or fund's next report filed with the board under
section 10A.20, subdivision 2 or 5, after receiving the statement.
Sec. 12. Minnesota
Statutes 2008, section 10A.27, is amended by adding a subdivision to read:
Subd. 17.
Penalty. (a) An association that makes a
contribution under section 10A.27, subdivision 15, and fails to provide the
required statement within the time specified is subject to a civil penalty of
up to four times the amount of the contribution, but not to exceed $25,000,
except when the violation was intentional.
(b) An independent expenditure political committee or an
independent expenditure political fund that files a report without including
the statement required under section 10A.27, subdivision 15, is subject to a
civil penalty of up to four times the amount of the contribution for which
disclosure was not filed, but not to exceed $25,000, except when the violation
was intentional.
(c) The penalties provided under this subdivision supersede
any penalty otherwise provided in statute.
Sec. 13. Minnesota
Statutes 2008, section 211B.01, subdivision 3, is amended to read:
Subd. 3. Candidate.
"Candidate" means an individual who seeks nomination or
election to a federal, statewide, legislative, judicial, or local office
including special districts, school districts, towns, home rule charter and
statutory cities, and counties, except candidates for president and
vice-president of the United States.
Sec. 14. Minnesota
Statutes 2008, section 211B.04, is amended to read:
211B.04 CAMPAIGN LITERATURE
MUST INCLUDE DISCLAIMER.
(a) A person who participates in the preparation or
dissemination of campaign material other than as provided in section 211B.05,
subdivision 1, that does not prominently include the name and address of the
person or committee causing the material to be prepared or disseminated in a
disclaimer substantially in the form provided in paragraph (b) or (c) is guilty
of a misdemeanor.
(b) Except in cases covered by paragraph (c), the required
form of disclaimer is: "Prepared
and paid for by the .......... committee, ......... (address)" for
material prepared and paid for by a principal campaign committee, or
"Prepared and paid for by the .......... committee, ......... (address),
in support of ......... (insert name of candidate or ballot question)" for
material prepared and paid for by a person or committee other than a principal
campaign committee.
(c) In the case of broadcast media, the required form of
disclaimer is: "Paid for by the
............ committee."
(d) Campaign material that is not circulated on behalf of a
particular candidate or ballot question must also include in the disclaimer either that it is "in opposition to .....
(insert name of candidate or ballot question.....)"; or that
"this publication is not circulated on behalf of any candidate or ballot
question."
(e) This section does not apply to objects stating only the
candidate's name and the office sought, fund-raising tickets, or personal
letters that are clearly being sent by the candidate.
(f) This section does not apply to an individual or
association who acts independently of any candidate, candidate's committee,
political committee, or political fund and spends only from the individual's or
association's own resources a sum that is less than $500 $2,000 in
the aggregate to produce or distribute campaign material that is distributed at
least seven days before the election to which the campaign material relates.
(g) This section does not modify or repeal section 211B.06.
EFFECTIVE
DATE. This section is effective June 1,
2010, and applies to campaign material prepared and disseminated on or after
that date.
Sec. 15. Minnesota
Statutes 2008, section 211B.15, subdivision 2, is amended to read:
Subd. 2. Prohibited contributions. A corporation may not make a contribution
or offer or agree to make a contribution, directly or indirectly, of any
money, property, free service of its officers, employees, or members, or thing
of monetary value to a major political party, organization, committee, or
individual to promote or defeat the candidacy of an individual for nomination,
election, or appointment to a political office.
For the purpose of this subdivision, "contribution" includes
an expenditure to promote or defeat the election or nomination of a candidate
to a political office that is made with the authorization or expressed or
implied consent of, or in cooperation or in concert with, or at the request or
suggestion of, a candidate or committee established to support or oppose a
candidate but does not include an independent expenditure authorized by
subdivision 3.
Sec. 16. Minnesota
Statutes 2008, section 211B.15, subdivision 3, is amended to read:
Subd. 3. Independent expenditures. A corporation may not make an independent
expenditure or offer or agree to make an independent expenditure to
promote or defeat the candidacy of an individual for nomination, election, or
appointment to a political office, unless the expenditure is an independent
expenditure. For the purpose of this
subdivision, "independent expenditure" means an expenditure that
is not made with the authorization or expressed or implied consent of, or in
cooperation or concert with, or at the request or suggestion of, a candidate or
committee established to support or oppose a candidate has the meaning
given in section 10A.01, subdivision 18.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 17. Minnesota
Statutes 2008, section 216B.16, is amended by adding a subdivision to read:
Subd. 17.
Election or ballot question
expenses. The commission may
not allow a public utility to recover from ratepayers expenses resulting from a
contribution or expenditure made for a political purpose, as defined in section
211B.01. This subdivision does not
prohibit a public utility from engaging in political activity or making a contribution
or expenditure otherwise permitted by law.
EFFECTIVE
DATE. This section is effective the day
following final enactment."
Page 2, after line 26, insert:
"Sec. 20. REPEALER.
Minnesota Statutes 2008, sections 72A.12, subdivision 5; and 211B.15,
subdivision 12, are repealed.
EFFECTIVE
DATE. This section is effective the day
following final enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 2, delete "commerce" and insert
"state government" and after the first semicolon, insert
"regulating certain political expenditures and contributions; modifying
certain filing and reporting requirements; providing civil penalties;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
S. F. No. 3134, A bill for an act relating to
government operations; describing how to fold the state flag; defining certain
powers of the Council on Black Minnesotans; requiring fiscal notes to include
information about job creation; limiting requirements for approval by
individual legislators in the disposal process for certain state-owned
buildings; increasing threshold requirements for deposit of agency receipts;
imposing requirements on agencies for contracts over a certain amount;
requiring state chief information officer to develop standards for enhanced
public
access to state electronic records; clarifying use of fees in
the combined charities campaign; transferring membership in the Workers'
Compensation Reinsurance Association from the commissioner of management and
budget to the commissioner of administration; eliminating and modifying fees
for certain filings with the secretary of state; authorizing grants to counties
for voting equipment and vote-counting equipment; establishing the Commission
on Service Innovation; allowing contiguous counties to establish a home rule
charter commission; requiring reports; appropriating money; amending Minnesota
Statutes 2008, sections 1.141, by adding subdivisions; 3.9225, subdivision 5;
3.98, subdivision 2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2;
16E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1;
318.02, subdivision 1; 557.01; proposing coding for new law in Minnesota
Statutes, chapters 3; 16C; proposing coding for new law as Minnesota Statutes,
chapter 372A; repealing Laws 2005, chapter 162, section 34, subdivision 2, as
amended.
Reported the same back with the following amendments to the
unofficial engrossment:
Page 14, after line 9, insert:
"Sec. 32. Minnesota
Statutes 2009 Supplement, section 16C.16, subdivision 6a, as amended by 2010 S. F. No. 2737,
article 2, section 3, if enacted, is amended to read:
Subd. 6a. Veteran-owned small businesses. (a) The commissioner shall award up to a
six percent preference, but no less than the percentage awarded to any other
group under this section except when mandated by the federal government as a
condition of receiving federal funds, in the amount bid on state
procurement to certified small businesses that are majority-owned and operated
by:
(1) recently separated veterans who have served in active
military service, at any time on or after September 11, 2001, and who have been
discharged under honorable conditions from active service, as indicated by the
person's United States Department of Defense form DD-214 or by the commissioner
of veterans affairs;
(2) veterans with service-connected disabilities, as
determined at any time by the United States Department of Veterans Affairs; or
(3) any other veteran-owned small businesses certified under
section 16C.19, paragraph (d).
(b) The purpose of this designation is to facilitate the
transition of veterans from military to civilian life, and to help compensate
veterans for their sacrifices, including but not limited to their sacrifice of
health and time, to the state and nation during their military service, as well
as to enhance economic development within Minnesota."
Page 21, after line 13, insert:
"Sec. 43. [116W.035] INFORMATION TECHNOLOGY.
To the extent the projects or grants approved by the
authority or other work of the authority impact state information systems, these
information systems are subject to the jurisdiction of the Office of Enterprise
Technology in chapter 16E, including, but not limited to:
(1) evaluation and approval as specified in section 16E.03,
subdivisions 3 and 4;
(2) review to ensure compliance with security policies,
guidelines, and standards as specified in section 16E.03, subdivision 7; and
(3) assurance of compliance with accessibility standards
developed under section 16E.03, subdivision 9."
Page 22, line 34, delete "or" and insert
"and"
Page 32, delete section 64
Page 38, after line 17, insert:
"(9) upon request of the legislature, review
individual state agencies, boards, commissions, or councils for purposes of making
recommendations to the legislature on whether the group should continue or
should be sunset;"
Page 38, line 18, delete "(9)" and insert
"(10)"
Page 38, lines 19, 22, and 27, delete "(10)"
and insert "(11)"
Page 48, line 20, before "The" insert "(a)"
Page 48, after line 26, insert:
"(b) The report submitted on January 15, 2014, must: (1) demonstrate that council recommendations
or actions have resulted in savings of at least $3 for every $1 appropriated to
the council through June 30, 2013; and (2) contain recommendations for the
future that the council believes will result in at least $20 of savings for
every $1 that will be appropriated to the council in the future. If the report submitted on January 15, 2014,
does not comply with this paragraph, the council expires on June 30, 2014."
Page 49, after line 14, insert:
"Sec. 12. [465.8091] SUNSET.
Sections 465.7901, 465.7902, 465.7903, 465.7904, 465.7905,
465.7906, 465.7907, 465.805, 465.808, and 465.809 expire June 30, 2018."
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 11, after the first semicolon, insert
"modifying veteran-owned business preference;"
Page 1, line 13, after the semicolon, insert "clarifying
jurisdiction of the Office of Enterprise Technology;"
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. No. 2922 was read for the second
time.
SECOND READING OF SENATE
BILLS
S. F. Nos. 2471 and 3134 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Loeffler and Brynaert introduced:
H. F. No. 3839, A bill for an act relating
to state employment; creating an unpaid leave job retention program; requiring
reports.
The bill was read for the first time and
referred to the Committee on State and Local Government Operations Reform,
Technology and Elections.
Kohls, Dittrich, Downey and Ruud
introduced:
H. F. No. 3840, A bill for an act relating
to civil actions; reducing the limitation period for bringing certain actions;
amending Minnesota Statutes 2008, section 541.05, subdivision 1.
The bill was read for the first time and
referred to the Committee on Civil Justice.
Sertich moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Juhnke.
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 3263, A bill for an act
relating to traffic regulations; modifying provisions governing speed limits in
highway work zones, operating vehicles on multilane roads, and surcharges on
traffic citations; creating traffic safety education account; amending
Minnesota Statutes 2008, sections 169.14, subdivision 5d; 169.18, subdivisions
7, 10, by adding a subdivision; 171.12, subdivision 6; 171.13, by adding a
subdivision; Minnesota Statutes 2009 Supplement, section 357.021, subdivision
6.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 2612, A bill for
an act relating to civil commitment; clarifying civil commitment venue;
amending Minnesota Statutes 2008, sections 253B.02, by adding a subdivision;
253B.045, subdivision 2; 253B.05, subdivision 3; 253B.064, subdivision 1;
253B.07, subdivisions 1, 2, 2d; 253B.185, subdivision 1; 253B.20, subdivision
4; 253B.23, subdivision 1, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 253B.10, subdivision 3.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Hilstrom moved that the House concur in
the Senate amendments to H. F. No. 2612 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2612, A bill for
an act relating to civil commitment; clarifying civil commitment venue;
amending Minnesota Statutes 2008, sections 253B.02, by adding a subdivision;
253B.045, subdivision 2; 253B.05, subdivision 3; 253B.064, subdivision 1;
253B.07, subdivisions 1, 2, 2d; 253B.185, subdivision 1; 253B.20, subdivision
4; 253B.23, subdivision 1, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 253B.10, subdivision 3.
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 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
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
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
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 repassed, as amended by the
Senate, and its title agreed to.
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2702, A bill for an act relating to
health; establishing licensure for birth centers; appropriating money; amending
Minnesota Statutes 2008, sections 62Q.19, subdivision 1; 144.651, subdivision
2; 144A.51, subdivision 5; 256B.0625, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 144.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has
appointed as such committee:
Senators Berglin, Lynch, Lourey, Prettner Solon and Dille.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Ruud moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 5
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2702. The motion prevailed.
Magnus was excused for the remainder of today's session.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 3081.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3081
A bill for
an act relating to energy; modifying community-based energy development
program; amending Minnesota Statutes 2008, section 216B.1612, subdivisions 3,
5, 7, by adding a subdivision; Minnesota Statutes 2009 Supplement, section
216B.1612, subdivision 2.
May 8, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 3081 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 3081 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2009 Supplement,
section 216B.1612, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) The terms used in this section have
the meanings given them in this subdivision.
(b)
"C-BED tariff" or "tariff" means a community-based energy
development tariff.
(c)
"Qualifying owner beneficiary" means:
(1) a
Minnesota resident individually or as a member of a Minnesota limited
liability company organized under chapter 322B and formed for the purpose of
developing a C-BED project;
(2) a
limited liability company that is organized under chapter 322B and that is made
up of members who are Minnesota residents;
(3) (2)
a Minnesota nonprofit organization organized under chapter 317A;
(4) (3)
a Minnesota cooperative association organized under chapter 308A or 308B,
including a rural electric cooperative association or a generation and
transmission cooperative on behalf of and at the request of a member
distribution utility;
(5) (4)
a Minnesota political subdivision or local government including, but not
limited to, a municipal electric utility, or a municipal power agency on behalf
of and at the request of a member distribution utility; the office of the
commissioner of Iron Range resources and rehabilitation; a county, statutory or
home rule charter city, town, school district, or public or private higher
education institution; or any other local or regional governmental organization
such as a board, commission, or association; or
(6) (5)
a tribal council.; or
(6) a legal
entity (i) formed for a purpose other than to participate in C-BED projects;
(ii) whose principal place of business or principal executive office is located
in Minnesota; and (iii) that provides labor, services, equipment, components,
or debt financing to a C-BED project.
A public
utility, as defined in section 216B.02, subdivision 4, is not a qualifying
beneficiary.
(d) "Net
present value rate" means a rate equal to the net present value of the
nominal payments to a project divided by the total expected energy production
of the project over the life of its power purchase agreement. "Qualifying revenue"
includes, but is not limited to:
(1)
royalties, distributions, dividends, and other payments flowing directly or
indirectly to individuals who are qualifying beneficiaries;
(2)
reasonable fees for consulting, development, professional, construction, and
operations and maintenance services paid to qualifying beneficiaries;
(3) interest
and fees paid to financial institutions that are qualifying beneficiaries;
(4) the
value-added portion of payments for goods manufactured in Minnesota; and
(5)
production taxes.
(e) "Discount
rate" means the ten-year United States Treasury Yield as quoted in the
Wall Street Journal as of the date of application for determination under
subdivision 10, plus five percent; except that the discount rate applicable to
any qualifying revenues contingent upon an equity investor earning a specified
internal rate of return is the ten-year United States Treasury Yield, plus
eight percent.
(f)
"Standard reliability criteria" means:
(1) can be
safely integrated into and operated within the utility's grid without causing
any adverse or unsafe consequences; and
(2) is
consistent with the utility's resource needs as identified in its most recent
resource plan submitted under section 216B.2422.
(f) (g)
"Renewable" refers to a technology listed in section 216B.1691,
subdivision 1, paragraph (a).
(g) (h)
"Community-based energy development project" or "C-BED
project" means a new renewable energy project that either as a stand-alone
project or part of a partnership under subdivision 8:
(1) has no
single qualifying owner beneficiary, including any parent company or
subsidiary of the qualifying beneficiary, owning more than 15 percent of a
C-BED wind energy project unless: (i)
the C-BED wind energy project consists of only one or two turbines; or (ii) the
qualifying owner beneficiary is a public entity listed under
paragraph (c), clause (5), that is not a municipal utility (4);
(2)
demonstrates that at least 51 percent of the net present value of the
gross revenues from a power purchase agreement over the life of the project will
flow to are qualifying owners and other local entities revenues;
and
(3) has a
resolution of support adopted by the county board of each county in which the
project is to be located, or in the case of a project located within the
boundaries of a reservation, the tribal council for that reservation.
(i)
"Value-added portion" means the difference between the total sales
price and the total cost of components, materials, and services purchased from
or provided outside of Minnesota.
Sec. 2. Minnesota Statutes 2008, section 216B.1612,
subdivision 3, is amended to read:
Subd. 3. Tariff
rate. (a) The tariff described in
subdivision 4 must have a rate schedule that allows for a net present value
rate over the 20-year life of the power purchase agreement. The tariff must provide for a rate that
is higher in the first ten years of the power purchase agreement than in the
last ten years. The discount rate
required to calculate the net present value must be the utility's normal
discount rate used for its other business purposes.
(b) The
commission shall consider mechanisms to encourage the aggregation of C-BED
projects.
(c) The
commission shall require that qualifying and nonqualifying owners C-BED
projects provide sufficient security to secure performance under the power
purchase agreement, and shall prohibit the transfer of the C-BED project to
a nonqualifying owner during the initial 20 years of the contract and
shall prohibit transfer of a C-BED project during the initial term of a power
purchase agreement if the transfer will result in the project's no longer
qualifying under section 216B.1612, subdivision 2, paragraph (h).
Sec. 3. Minnesota Statutes 2008, section 216B.1612,
subdivision 5, is amended to read:
Subd. 5. Priority
for C-BED projects. (a) A utility
subject to section 216B.1691 that needs to construct new generation, or
purchase the output from new generation, as part of its plan to satisfy its
good faith objective and standard under that section must take reasonable steps
to determine if one or more C-BED projects are available that meet the
utility's cost and reliability requirements, applying standard reliability
criteria, to fulfill some or all of the identified need at minimal impact to
customer rates.
Nothing in
this section shall be construed to obligate a utility to enter into a power
purchase agreement under a C‑BED tariff developed under this section.
(b) Each
utility shall include in its resource plan submitted under section 216B.2422 a
description of its efforts to purchase energy from C-BED projects, including a
list of the projects under contract and the amount of C-BED energy purchased.
(c) The
commission shall consider the efforts and activities of a utility to purchase
energy from C-BED projects when evaluating its good faith effort towards
meeting the renewable energy objective under section 216B.1691.
(d) A
municipal power agency or generation and transmission cooperative shall, when
issuing a request for proposals for C-BED projects to satisfy its standard
obligation under section 216B.1691, provide notice to its member distribution
utilities that they may propose, in partnership with other qualifying owners
beneficiaries, a C‑BED project for the consideration of the municipal
power agency or generation and transmission cooperative.
Sec. 4. Minnesota Statutes 2008, section 216B.1612,
subdivision 7, is amended to read:
Subd. 7. Other
C-BED tariff issues. (a) A
community-based project developer and a utility shall negotiate the rate and
power purchase agreement terms consistent with the tariff established under
subdivision 4.
(b) At the
discretion of the developer, a community-based project developer and a utility
may negotiate a power purchase agreement with terms different from the tariff
established under subdivision 4.
(c) A qualifying
owner, or any combination of qualifying owners, may develop a joint venture
project with a nonqualifying renewable energy project developer C-BED
project may be jointly developed with a non-C-BED project. However, the terms of the C-BED tariff may
only apply to the portion of the energy production of the total project that is
directly proportional to the equity share of the project owned by the
qualifying owners energy produced by the C-BED project.
(d) A project
that is operating under a power purchase agreement under a C-BED tariff is not
eligible for net energy billing under section 216B.164, subdivision 3, or for
production incentives under section 216C.41.
(e) (d)
A public utility must receive commission approval of a power purchase agreement
for a C-BED tariffed project. The
commission shall provide the utility's ratepayers an opportunity to address the
reasonableness of the proposed power purchase agreement. Unless a party objects to a contract within
30 days of submission of the contract to the commission the contract is deemed
approved.
Sec. 5. Minnesota Statutes 2008, section 216B.1612,
is amended by adding a subdivision to read:
Subd. 10. C-BED
eligibility determination. (a)
A developer of a C-BED project may seek a predetermination of C-BED eligibility
from the commissioner of commerce at any time, and must obtain a determination
of C-BED eligibility from the commissioner of commerce, based on the project's
final financing terms, before construction may begin. In seeking a determination of eligibility
under this subdivision, a developer of a C-BED project must submit to the
commissioner of commerce detailed financial projections demonstrating that,
based on a net present value analysis, and applying the discount rate to
qualifying revenues and gross revenues from a power purchase agreement, the
project meets the requirements of subdivision 2, paragraph (h), clause (1).
(b) A
project is not required to obtain a determination of C-BED eligibility under
paragraph (a) if it has received, prior to the effective date of this act, an
opinion letter from the commissioner indicating that the project qualifies as a
C-BED project under this section.
(c) The
commissioner's determination of C-BED eligibility of a project that obtained
its initial opinion letter regarding C-BED eligibility from the commissioner or
written notification from the Midwest Independent Systems Operator (MISO) that
the project retains a position in the interconnection queue before the
effective date of this act must be based on the laws applicable at the time the
initial opinion letter of C-BED eligibility was issued or the Midwest
Independent System Operator interconnection queue position was obtained. A project subject to this paragraph may elect
to have the determination of eligibility governed by the law in effect at the
time of the determination.
Sec. 6. EFFECTIVE
DATE.
Sections 1
to 5 are effective the day following final enactment."
Delete the
title and insert:
"A
bill for an act relating to energy; modifying community-based energy
development program; amending Minnesota Statutes 2008, section 216B.1612,
subdivisions 3, 5, 7, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 216B.1612, subdivision 2."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Yvonne Prettner Solon, Julie
Rosen and Dan Skogen.
House Conferees:
Andy Welti, Bill Hilty and
Bob Gunther.
Welti moved that the report of the
Conference Committee on S. F. No. 3081 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
Kelly moved that the House refuse to adopt
the Conference Committee report on S. F. No. 3081, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly
seconded.
CALL OF THE HOUSE
On the motion of Anderson, S., and on the
demand of 10 members, a call of the House was ordered. The following members answered to their
names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Faust
Gardner
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Poppe
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Morrow moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
The question was taken on the Kelly motion
that the House refuse to adopt the Conference Committee report on
S. F. No. 3081, and that the bill be returned to the Conference Committee
and the roll was called.
Morrow moved that those not voting be
excused from voting. The motion
prevailed.
There were 55 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, S.
Beard
Benson
Bly
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Garofalo
Gottwalt
Hackbarth
Hansen
Holberg
Hoppe
Hortman
Hosch
Howes
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lesch
Lillie
Loon
Mack
McFarlane
McNamara
Morgan
Murdock
Newton
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Thissen
Tillberry
Wagenius
Westrom
Zellers
Those who voted in the negative were:
Anderson, P.
Anzelc
Atkins
Bigham
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Faust
Fritz
Gardner
Greiling
Gunther
Hamilton
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
Masin
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Torkelson
Urdahl
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail.
The question recurred on the Welti motion
that the report of the Conference Committee on S. F. No. 3081 be
adopted and that the bill be repassed as amended by the Conference Committee
and the roll was called.
Morrow moved that those not voting be
excused from voting. The motion
prevailed.
There were 83 yeas and 49 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Brown
Brynaert
Bunn
Champion
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doty
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Haws
Hayden
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Liebling
Lieder
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Pelowski
Persell
Peterson
Poppe
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Torkelson
Urdahl
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Bly
Brod
Buesgens
Carlson
Clark
Dean
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Eken
Emmer
Falk
Gottwalt
Hackbarth
Hansen
Hausman
Holberg
Hoppe
Hortman
Hosch
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lesch
Lillie
Mack
Morgan
Newton
Nornes
Otremba
Paymar
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Thissen
Tillberry
Wagenius
Westrom
Zellers
The motion prevailed.
Reinert was excused between the hours of
3:35 p.m. and 3:45 p.m.
Lesch was excused between the hours of
3:35 p.m. and 4:45 p.m.
S. F. No. 3081,
A bill for an act relating to energy; modifying community-based energy
development program; amending Minnesota Statutes 2008, section 216B.1612,
subdivisions 3, 5, 7, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 216B.1612, subdivision 2.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Morrow moved that those not voting be
excused from voting. The motion
prevailed.
There were 81 yeas and 49 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doty
Eken
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Haws
Hayden
Hilstrom
Hilty
Hornstein
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Liebling
Lieder
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McNamara
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Pelowski
Persell
Peterson
Poppe
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Smith
Solberg
Thao
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Beard
Bly
Brod
Buesgens
Dean
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Gottwalt
Hackbarth
Hansen
Hausman
Holberg
Hoppe
Hortman
Hosch
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lenczewski
Lillie
Mack
Morgan
Newton
Nornes
Otremba
Paymar
Peppin
Rosenthal
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Slocum
Sterner
Swails
Thissen
Tillberry
Wagenius
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
CALL OF THE HOUSE LIFTED
Howes moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 2918.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2918
A bill for
an act relating to retirement; various retirement plans; increasing certain
contribution rates; suspending certain postretirement adjustments; reducing
certain postretirement adjustment increase rates; reducing interest rates on
refunds; reducing deferred annuity augmentation rates; eliminating interest on
reemployed annuitant earnings limitation deferred accounts; increasing certain
vesting requirements; increasing certain early retirement reduction rates;
reducing certain benefit accrual rates; extending certain amortization periods;
making changes of an administrative nature for retirement plans administered by
the Minnesota State Retirement Association; revising insurance withholding for
certain retired public employees; authorizing state patrol plan service credit
for leave procedures; addressing plan coverage errors and omitted
contributions; revising unlawful discharge annuity repayment requirements;
requiring employment unit accommodation of daily valuation of investment
accounts; eliminating administrative fee maximum for the unclassified state
employees retirement program; making changes of an administrative nature in the
general employees retirement plan of the Public Employees Retirement
Association, the public employees police and fire retirement plan, and the
defined contribution retirement plan; making various administrative
modifications in the voluntary statewide lump-sum volunteer firefighter
retirement
plan of the
Public Employees Retirement Association; revising purchase of salary credit
procedures in certain partial salary situations; adding new partial salary
credit purchase authority for partial paid medical leaves and budgetary leaves;
redefining TRA allowable service credit; defining annual base salary; requiring
base salary reporting by TRA-covered employing units; making changes of an
administrative nature in the Minnesota State Colleges and Universities System
individual retirement account plan; setting deadline dates for actuarial
reporting; extending and revising an early retirement incentive program;
permitting the court-ordered revocation of an optional annuity election in
certain marriage dissolutions; transfer of the administrative functions of the
Minneapolis Employees Retirement Fund to the Public Employees Retirement
Association; creation of MERF consolidation account within the Public Employees
Retirement Association; making various technical corrections relating to
volunteer fire relief associations; revising break-in-service return to firefighting
authorizations; authorizing Minnesota deferred compensation plan service
pension transfers; revising payout defaults in survivor benefits; authorizing
corrections of certain special fund deposits; requiring a retirement fund
investment authority study; authorizing certain bylaw amendments; making
technical changes; appropriating money; amending Minnesota Statutes 2008,
sections 3A.02, subdivision 4; 11A.04; 11A.23, subdivision 4; 13D.01,
subdivision 1; 43A.17, subdivision 9; 43A.316, subdivision 8; 69.021,
subdivision 10; 69.051, subdivision 3; 126C.41, subdivision 3; 256D.21; 352.01,
subdivision 2a; 352.03, subdivision 4; 352.04, subdivision 9; 352.113,
subdivision 1; 352.115, subdivisions 1, 10; 352.12, subdivision 2; 352.22,
subdivisions 2, 3; 352.72, subdivisions 1, 2; 352.91, by adding a subdivision;
352.93, subdivisions 1, 2a, 3a; 352.931, subdivision 1; 352.965, subdivisions
1, 2, 6; 352B.02, as amended; 352B.08, subdivisions 1, 2a; 352B.11, subdivision
2b; 352B.30, subdivisions 1, 2; 352D.015, subdivisions 4, 9, by adding a
subdivision; 352D.02, subdivisions 1c, 2, 3; 352D.03; 352D.04, subdivisions 1,
2; 352D.05, subdivisions 3, 4; 352D.06, subdivision 3; 352D.065, subdivision 3;
352D.09, subdivisions 3, 7; 352F.07; 353.01, subdivisions 2b, 2d, by adding
subdivisions; 353.0161, subdivision 2; 353.03, subdivision 1; 353.05; 353.27,
as amended; 353.29, subdivision 1; 353.30, subdivision 1c; 353.32, subdivisions
1, 1a; 353.34, subdivisions 1, 2, 3, 6; 353.37, subdivisions 1, 2, 3, 3a, 4, 5;
353.46, subdivisions 2, 6; 353.64, subdivision 7; 353.651, subdivisions 1, 4;
353.657, subdivisions 1, 2a; 353.71, subdivisions 1, 2, 4; 353.86, subdivisions
1, 2; 353.87, subdivisions 1, 2; 353.88; 353D.01, subdivision 2; 353D.03,
subdivision 1; 353D.04, subdivisions 1, 2; 353E.04, subdivisions 1, 4; 353E.07,
subdivisions 1, 2; 353F.025, subdivisions 1, 2; 353F.03; 354.05, by adding a
subdivision; 354.07, subdivision 5; 354.091; 354.42, subdivisions 3, 7, by
adding subdivisions; 354.52, subdivision 6, by adding a subdivision; 354.66,
subdivision 3; 354.71; 354A.011, subdivision 27; 354A.12, subdivisions 1, 3c,
by adding a subdivision; 354A.27, subdivisions 5, 6, by adding a subdivision;
354A.31, subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions 2, 3, 4;
354A.39; 354B.25, subdivisions 1, 3; 354C.14; 355.095, subdivision 1; 356.214,
subdivision 1; 356.215, subdivisions 3, 8; 356.216; 356.24, subdivision 1;
356.30, subdivisions 1, 3; 356.302, subdivisions 1, 3, 4, 5, 7; 356.303,
subdivisions 2, 4; 356.315, subdivision 5; 356.351, subdivision 1; 356.407,
subdivision 2; 356.431, subdivision 1; 356.465, subdivision 3; 356.47,
subdivision 3; 356.50, subdivision 4; 356.64; 356.65, subdivision 2; 356.91;
356.96, subdivisions 2, 3, 7, 8; 356A.06, subdivision 8; 422A.101, subdivision
3; 422A.26; 473.511, subdivision 3; 473.606, subdivision 5; 475.52, subdivision
6; 490.123, by adding a subdivision; 518.58, subdivisions 3, 4; Minnesota
Statutes 2009 Supplement, sections 6.67; 69.011, subdivision 1; 69.031,
subdivision 5; 69.772, subdivision 6; 69.773, subdivision 6; 352.01,
subdivision 2b; 352.75, subdivision 4; 352.95, subdivision 2; 352B.011,
subdivision 3; 353.01, subdivisions 2, 2a, 16; 353.06; 353.27, subdivisions 2,
3, 7; 353.33, subdivision 1; 353.371, subdivision 4; 353.65, subdivisions 2, 3;
353F.02, subdivision 4; 353G.05, subdivision 2; 353G.06, subdivision 1;
353G.08; 353G.09, subdivision 3; 353G.11, subdivision 1, by adding a
subdivision; 354.42, subdivision 2; 354.47, subdivision 1; 354.49, subdivision
2; 354.52, subdivision 4b; 354.55, subdivision 11; 354A.12, subdivision 2a;
356.20, subdivision 2; 356.215, subdivision 11; 356.32, subdivision 2; 356.351,
subdivision 2; 356.401, subdivision 3; 356.415, subdivisions 1, 2, by adding
subdivisions; 356.96, subdivisions 1, 5; 423A.02, subdivision 3; 424A.01,
subdivisions 1, 6; 424A.015, by adding a subdivision; 424A.016, subdivisions 4,
7; 424A.02, subdivisions 9, 10; 424A.05, subdivision 3, by adding a
subdivision; 424A.08; 480.181, subdivision 2; Laws 2006, chapter 271, article
3, section 43, as amended; Laws 2009, chapter 169, article 4, section 49;
article 5, section 2; article 7, section 4; proposing coding for new law in
Minnesota Statutes, chapters 352B; 353; 353G; 356; repealing Minnesota Statutes
2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; 352.91,
subdivision 5; 353.01, subdivision 40; 353.46, subdivision 1a; 353.88; 353D.03,
subdivision 2; 353D.12; 354A.27, subdivision 1; 354C.15; 356.43; 422A.01,
subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02;
422A.03; 422A.04; 422A.05, subdivisions
1, 2a, 2b,
2c, 2d, 2e, 2f, 5, 6, 8; 422A.06, subdivisions 1, 2, 3, 5, 6, 7; 422A.08,
subdivision 1; 422A.09; 422A.10; 422A.101, subdivisions 1, 1a, 2, 2a; 422A.11;
422A.12; 422A.13; 422A.14, subdivision 1; 422A.15; 422A.151; 422A.155;
422A.156; 422A.16, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 422A.17;
422A.18, subdivisions 1, 2, 3, 4, 5, 7; 422A.19; 422A.20; 422A.21; 422A.22,
subdivisions 1, 3, 4, 6; 422A.23, subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, 12;
422A.231; 422A.24; 422A.25; Minnesota Statutes 2009 Supplement, sections
422A.06, subdivision 8; 422A.08, subdivision 5; 424A.001, subdivision 6; Laws
2009, chapter 169, article 10, section 32.
May 11,
2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2918 report that we have
agreed upon the items in dispute and recommend as follows:
That the House
recede from its amendments and that S. F. No. 2918 be further
amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
FINANCIAL
SUSTAINABILITY PROVISIONS
Section 1. Minnesota Statutes 2008, section 3A.02,
subdivision 4, is amended to read:
Subd. 4. Deferred
annuities augmentation. (a) The
deferred retirement allowance of any former legislator must be augmented as
provided herein.
(b) The
required reserves applicable to the deferred retirement allowance, determined
as of the date the benefit begins to accrue using an appropriate mortality
table and an interest assumption of six percent, must be augmented from the
first of the month following the termination of active service, or July 1,
1973, whichever is later, to the first day of the month in which the allowance
begins to accrue, at the following annually compounded rate or rates:
(1) five
percent until January 1, 1981;
(2) three
percent from January 1, 1981, or from the first day of the month following the
termination of active service, whichever is later, until January 1 of the
year in which the former legislator attains age 55 or until January 1, 2012,
whichever is earlier; and
(3) five
percent from the period end date under clause (2) to until the
effective date of retirement or until January 1, 2012, whichever is
earlier; and
(4) two
percent after December 31, 2011.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2008, section 352.113,
subdivision 1, is amended to read:
Subdivision
1. Age
and service requirements. (a) An
employee covered by the system, who is less than normal retirement age and who
becomes totally and permanently disabled after three or more years of allowable
service if employed before July 1, 2010, or after five or more years of
allowable service if employed after June 30, 2010, is entitled to
a disability benefit in an amount provided in subdivision 3.
(b) If the
disabled employee's state service has terminated at any time, the employee must
have at least two years of allowable service after last becoming a state
employee covered by the system.
(c) Refunds
may be repaid under section 352.23 before the effective accrual date of the
disability benefit under subdivision 2.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2008, section 352.115,
subdivision 1, is amended to read:
Subdivision
1. Age
and service requirements. After
separation from state service, any employee (1) who has attained the age of at
least 55 years and who is entitled to credit for at least three years allowable
service if employed before July 1, 2010, or after five or more years of
allowable service if employed after June 30, 2010, or (2) who has received
credit for at least 30 years allowable service regardless of age, is entitled
upon application to a retirement annuity.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2008, section 352.12,
subdivision 2, is amended to read:
Subd. 2. Surviving
spouse benefit. (a) If an employee
or former employee has credit for at least three years allowable service if
the employee was employed before July 1, 2010, or for at least five years of allowable
service if the employee was employed after June 30, 2010, and dies before
an annuity or disability benefit has become payable, notwithstanding any
designation of beneficiary to the contrary, the surviving spouse of the
employee may elect to receive, in lieu of the refund with interest under
subdivision 1, an annuity equal to the joint and 100 percent survivor annuity
which the employee or former employee could have qualified for on the date of
death.
(b) If the
employee was under age 55 and has credit for at least 30 years of allowable
service on the date of death, the surviving spouse may elect to receive a 100
percent joint and survivor annuity based on the age of the employee and
surviving spouse on the date of death. The
annuity is payable using the full early retirement reduction under section
352.116, subdivision 1, paragraph (a), to age 55 and one-half of the early
retirement reduction from age 55 to the age payment begins.
(c) If the
employee was under age 55 and has credit for at least three years of allowable
service credit on the date of death if the employee was employed before July
1, 2010, or for at least five years of allowable service if the employee was
employed after June 30, 2010, but did not yet qualify for retirement, the surviving
spouse may elect to receive a 100 percent joint and survivor annuity based on
the age of the employee and surviving spouse at the time of death. The annuity is payable using the full early
retirement reduction under section 352.116, subdivision 1 or 1a, to age 55 and
one-half of the early retirement reduction from age 55 to the age payment
begins.
(d) The
surviving spouse eligible for benefits under paragraph (a) may apply for the
annuity at any time after the date on which the employee or former employee
would have attained the required age for retirement based on the allowable
service earned. The surviving spouse
eligible for surviving spouse benefits under paragraph (b) or (c) may apply for
the annuity at any time after the employee's death. The annuity must be computed under sections
352.115,
subdivisions 1, 2, and 3, and 352.116, subdivisions 1, 1a, and 3. Sections 352.22, subdivision 3, and 352.72,
subdivision 2, apply to a deferred annuity or surviving spouse benefit payable
under this subdivision. The annuity must
cease with the last payment received by the surviving spouse in the lifetime of
the surviving spouse, or upon expiration of a term certain benefit payment to a
surviving spouse under subdivision 2a. An
amount equal to the excess, if any, of the accumulated contributions credited
to the account of the deceased employee in excess of the total of the benefits
paid and payable to the surviving spouse must be paid to the deceased
employee's or former employee's last designated beneficiary or, if none, as
specified under subdivision 1.
(e) Any
employee or former employee may request in writing, with the signed consent of
the spouse, that this subdivision not apply and that payment be made only to a
designated beneficiary as otherwise provided by this chapter.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2008, section 352.22,
subdivision 2, is amended to read:
Subd. 2. Amount
of refund. Except as provided in
subdivision 3, the refund payable to a person who ceased to be a state employee
by reason of a termination of state service is an amount equal to employee
accumulated contributions plus interest at the rate of six percent per year
compounded daily from the date that the contribution was made until June 30,
2011, or until the date on which the refund is paid, whichever is
earlier, and at the rate of four percent per year compounded daily from the
date that the contribution was made or from July 1, 2011, whichever is later,
until the date on which the refund is paid.
Included with the refund is any interest paid as part of repayment of a
past refund, plus interest thereon from the date of repayment.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2008, section 352.22,
subdivision 3, is amended to read:
Subd. 3. Deferred
annuity. (a) An employee who has at
least three years of allowable service if employed before July 1, 2010, or
who has at least five years of allowable service if employed after June 30,
2010, when termination occurs may elect to leave the accumulated
contributions in the fund and thereby be entitled to a deferred retirement
annuity. The annuity must be computed
under the law in effect when state service terminated, on the basis of the
allowable service credited to the person before the termination of service.
(b) An
employee on layoff or on leave of absence without pay, except a leave of
absence for health reasons, and who does not return to state service must have
an annuity, deferred annuity, or other benefit to which the employee may become
entitled computed under the law in effect on the employee's last working day.
(c) No
application for a deferred annuity may be made more than 60 days before the
time the former employee reaches the required age for entitlement to the
payment of the annuity. The deferred
annuity begins to accrue no earlier than 60 days before the date the
application is filed in the office of the system, but not (1) before the date
on which the employee reaches the required age for entitlement to the annuity
nor (2) before the day following the termination of state service in a position
which is not covered by the retirement system.
(d)
Application for the accumulated contributions left on deposit with the fund may
be made at any time following the date of the termination of service.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 352.72, subdivision
1, is amended to read:
Subdivision
1. Entitlement
to annuity. (a) Any person who has
been an employee covered by a retirement system listed in paragraph (b) is
entitled when qualified to an annuity from each fund if total allowable service
in all funds or in any two of these funds totals three or more years if
employed before July 1, 2010, or totals five or more years if employed after
June 30, 2010.
(b) This
section applies to the Minnesota State Retirement System, the Public Employees
Retirement Association including the Public Employees Retirement Association
police and fire fund, the Teachers Retirement Association, the State Patrol
Retirement Association, or any other public employee retirement system in the
state with a similar provision, except as noted in paragraph (c).
(c) This
section does not apply to other funds providing benefits for police officers or
firefighters.
(d) No
portion of the allowable service upon which the retirement annuity from one
fund is based shall be again used in the computation for benefits from another
fund. No refund may have been taken from
any one of these funds since service entitling the employee to coverage under
the system or the employee's membership in any of the associations last
terminated. The annuity from each fund
must be determined by the appropriate provisions of the law except that the
requirement that a person must have at least three a specific number
of years of allowable service in the respective system or
association does not apply for the purposes of this section if the combined
service in two or more of these funds equals three or more years at
least the longest period of allowable service of any of the applicable
retirement plans.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2008, section 352.72,
subdivision 2, is amended to read:
Subd. 2. Computation
of deferred annuity. (a) The
deferred annuity, if any, accruing under subdivision 1, or section 352.22,
subdivision 3, must be computed as provided in section 352.22, subdivision 3,
on the basis of allowable service before termination of state service and
augmented as provided herein. The
required reserves applicable to a deferred annuity or to an annuity for which a
former employee was eligible but had not applied or to any deferred segment of
an annuity must be determined as of the date the benefit begins to accrue and
augmented by interest compounded annually from the first day of the month
following the month in which the employee ceased to be a state employee, or
July 1, 1971, whichever is later, to the first day of the month in which the
annuity begins to accrue. The rates of
interest used for this purpose must be five percent compounded annually until
January 1, 1981, and three percent compounded annually thereafter until January
1 of the year following the year in which the former employee attains age 55
or until January 1, 2012, whichever is earlier, and from that date the
January 1 next following the attainment of age 55 to the effective date of
retirement or until January 1, 2012, whichever is earlier, the rate
is five percent compounded annually if the employee became an employee
before July 1, 2006, and at 2.5 percent compounded annually until
January 1, 2012, if the employee becomes an employee after June 30, 2006,
and two percent compounded annually after December 31, 2011, irrespective of
when the employee became a state employee.
If a person has more than one period of uninterrupted service, the
required reserves related to each period must be augmented by interest under
this subdivision. The sum of the
augmented required reserves so determined is the present value of the annuity. "Uninterrupted service" for the
purpose of this subdivision means periods of covered employment during which
the employee has not been separated from state service for more than two years. If a person repays a refund, the service
restored by the repayment must be considered continuous with the next period of
service for which the employee has credit with this system. The formula percentages used for each period
of uninterrupted service must be those applicable to a new employee. The mortality table and interest assumption
used to compute the annuity must be those in effect when the employee files
application for annuity. This section
does not reduce the annuity otherwise payable under this chapter.
(b) The
retirement annuity or disability benefit of, or the survivor benefit payable on
behalf of, a former state employee who terminated service before July 1, 1997,
which is not first payable until after June 30, 1997, must be increased on an
actuarial equivalent basis to reflect the change in the postretirement interest
rate actuarial assumption under section 356.215, subdivision 8, from five
percent to six percent under a calculation procedure and the tables adopted by
the board and approved by the actuary retained under section 356.214.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2009 Supplement, section
352.75, subdivision 4, is amended to read:
Subd. 4. Existing
deferred retirees. Any former member
of the former Metropolitan Transit Commission-Transit Operating Division
employees retirement fund is entitled to a retirement annuity from the
Minnesota State Retirement System if the employee:
(1) is not
an active employee of the Transit Operating Division of the former Metropolitan
Transit Commission on July 1, 1978; (2) has at least ten years of active
continuous service with the Transit Operating Division of the former
Metropolitan Transit Commission as defined by the former Metropolitan Transit
Commission-Transit Operating Division employees retirement plan document in
effect on December 31, 1977; (3) has not received a refund of contributions;
(4) has not retired or begun receiving an annuity or benefit from the former
Metropolitan Transit Commission-Transit Operating Division employees retirement
fund; (5) is at least 55 years old; and (6) submits a valid application for a
retirement annuity to the executive director of the Minnesota State Retirement
System.
The person
is entitled to a retirement annuity in an amount equal to the normal old age
retirement allowance calculated under the former Metropolitan Transit
Commission-Transit Operating Division employees retirement fund plan document
in effect on December 31, 1977, subject to an early retirement reduction or
adjustment in amount on account of retirement before the normal retirement age
specified in that former Metropolitan Transit Commission-Transit Operating
Division employees retirement fund plan document.
The
deferred retirement annuity of any person to whom this subdivision applies must
be augmented. The required reserves
applicable to the deferred retirement annuity, determined as of the date the
allowance begins to accrue using an appropriate mortality table and an interest
assumption of five percent, must be augmented by interest at the rate of five
percent per year compounded annually from January 1, 1978, to January 1, 1981, and
three percent per year compounded annually from January 1, 1981, until the
date that the annuity begins to accrue or January 1, 2012, whichever is
earlier, and two percent after December 31, 2011, to the first day of the
month in which the annuity begins to accrue.
After the commencement of the retirement annuity, the annuity is
eligible for postretirement adjustments under section 356.415. On applying for a retirement annuity under
this subdivision, the person is entitled to elect a joint and survivor optional
annuity under section 352.116, subdivision 3.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. [352.925]
VESTING.
(a)
"Vesting" means obtaining a nonforfeitable entitlement to an annuity
or benefit from the correctional state employees retirement plan by having
credit for sufficient allowable service under paragraph (b) or (c), whichever
applies.
(b) A
member who first became a member of the correctional state employees retirement
plan before July 1, 2010, is vested when the person has accrued credit for not
less than three years of allowable service as defined under section 352.01,
subdivision 11.
(c) A member
who first becomes a member of the correctional state employees retirement plan
after June 30, 2010, is vested at the following percentages when the person has
accrued credited allowable service as defined under section 352.01, subdivision
11, as follows:
(i) 50
percent after five years;
(ii) 60
percent after six years;
(iii) 70
percent after seven years;
(iv) 80
percent after eight years;
(v) 90
percent after nine years; and
(vi) 100
percent after ten years.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2008, section 352.93,
subdivision 1, is amended to read:
Subdivision
1. Basis
of annuity; when to apply. After
separation from state service, an employee covered under section 352.91 who has
reached age 55 years and has credit for at least three years of covered
correctional service or a combination of covered correctional service and
general employees state retirement plan service is vested under section
352.925, is entitled upon application to a retirement annuity under this
section, based only on covered correctional employees' service. Application may be made no earlier than 60
days before the date the employee is eligible to retire by reason of both age
and service requirements.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2008, section 352.93,
subdivision 2a, is amended to read:
Subd. 2a. Early
retirement. Any covered correctional
employee who becomes at least 50 years old and who has at least three years
of allowable service is vested under section 352.925, is entitled
upon application to a reduced retirement annuity equal to the annuity
calculated under subdivision 2, reduced by two-tenths of one percent for each
month that the correctional employee is under age 55 at the time of retirement if
first employed as a correctional state employee before July 1, 2010, and if
retired before July 1, 2015, or reduced by 0.417 percent for each month that
the correctional employee is under age 55 at the time of retirement if first
employed as a correctional state employee after June 30, 2010, or if first
employed as a correctional state employee before July 1, 2010, and if
retired after June 30, 2015.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 13. Minnesota Statutes 2008, section 352.93,
subdivision 3a, is amended to read:
Subd. 3a. Optional
annuities. The board may establish
optional annuity forms to pay a higher amount from the date of retirement until
an employee is first eligible to draw Social Security benefits, reaches age
65, or up to reaches the age the employee is eligible to
receive unreduced Social Security benefits, at which time the monthly benefits
must be reduced. The optional annuity
forms must be actuarially equivalent to the normal single life annuity form
provided in subdivision 2. The optional
annuity forms must be approved certified as actuarially equivalent
by the actuary retained under section 356.214.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 14. Minnesota Statutes 2008, section 352.931,
subdivision 1, is amended to read:
Subdivision
1. Surviving
spouse benefit. (a) If the
correctional employee was at least age 50, has credit for at least three
years of allowable service was vested under section 352.925, and
dies before an annuity or disability benefit has become payable,
notwithstanding any designation of beneficiary to the contrary, the surviving
spouse of the employee may elect to receive, in lieu of the refund under
section 352.12, subdivision 1, an annuity for life equal to the joint and 100
percent survivor annuity which the employee could have qualified for had the
employee terminated service on the date of death. The election may be made at any time after
the date of death of the employee. The
surviving spouse benefit begins to accrue as of the first of the month next
following the date on which the application for the benefit was filed.
(b) If the
employee was under age 50, dies, and had credit for at least three years of
allowable service credit on the date of death was vested under section
352.925, but did not yet qualify for retirement, the surviving spouse may
elect to receive a 100 percent joint and survivor annuity based on the age of
the employee and surviving spouse at the time of death. The annuity is payable using the early
retirement reduction under section 352.93, subdivision 2a, to age 50, and
one-half of the early retirement reduction from age 50 to the age payment
begins. The surviving spouse eligible
for surviving spouse benefits under this paragraph may apply for the annuity at
any time after the employee's death. Sections
352.22, subdivision 3, and 352.72, subdivision 2, apply to a deferred annuity
or surviving spouse benefit payable under this subdivision.
(c) The
annuity must cease with the last payment received by the surviving spouse in
the lifetime of the surviving spouse. Any
employee may request in writing, with the signed consent of the spouse, that
this subdivision not apply and that payment be made only to a designated
beneficiary as otherwise provided by this chapter.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 15. Minnesota Statutes 2009 Supplement, section
352.95, subdivision 2, is amended to read:
Subd. 2. Regular
disability; computation of benefit. A
covered correctional employee who was hired before July 1, 2009, after
rendering at least one year of covered correctional service, or a covered
correctional employee who was first hired after June 30, 2009, after
rendering at least three years of covered correctional plan service is
vested under section 352.925, and who is determined to have a regular
disability, physical or psychological, as defined under section 352.01,
subdivision 17c, is entitled to a regular disability benefit. The regular disability benefit must be based
on covered correctional service only. The
regular disability benefit must be computed as provided in section 352.93,
subdivisions 1 and 2. The regular disability
benefit of a covered correctional employee who was first hired before July 1,
2009, and who is determined to have a regular disability, physical or
psychological, under this subdivision must be computed as though the employee
had at least 15 years of covered correctional service.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2008, section 352B.02, as
amended by Laws 2009, chapter 101, article 2, section 109; and Laws 2009,
chapter 169, article 1, section 23; article 2, section 16; and article 4,
sections 3 and 4, is amended to read:
352B.02 STATE PATROL RETIREMENT FUND.
Subdivision
1. Fund
created; membership. A State Patrol
retirement fund is established. Its
membership consists of all persons defined in section 352B.011, subdivision 10.
Subd. 1a. Member
contributions. (a) The member
contribution is 10.40 percent the following percentage of the
member's salary.:
(1)
before the first day of the first pay period beginning after July 1, 2011 10.40 percent
(2)
on or after the first day of the first pay period beginning after July 1, 2011 12.40 percent
(b) These contributions must be made by deduction from
salary as provided in section 352.04, subdivision 4.
Subd. 1b. Salary deductions. Member contribution amounts must be
deducted each pay period by the department head, who shall have the total
amount of the deductions paid to the commissioner of management and budget for
deposit in the State Patrol retirement fund, and have a detailed report of all
deductions made each pay period to the executive director of the Minnesota
State Retirement System.
Subd. 1c. Employer contributions. (a) In addition to member contributions,
department heads shall pay a sum equal to 15.60 percent the
specified percentage of the salary upon which deductions were made, which
constitutes the employer contribution to the fund. as follows:
(1) before
the first day of the first pay period beginning after July 1, 2011 15.60 percent
(2) on or
after the first day of the first pay period beginning after July 1, 2011 18.60 percent
(b) Department contributions must be paid out of money
appropriated to departments for this purpose.
Subd. 1d. Fund revenue and expenses. The amounts provided for in this section
must be credited to the State Patrol retirement fund. All money received must be deposited by the
commissioner of management and budget in the State Patrol retirement fund. The fund must be used to pay the
administrative expenses of the retirement fund, and the benefits and annuities
provided in this chapter.
Subd. 1e. Audit; actuarial valuation. (a) The legislative auditor shall
audit the fund.
(b) Any actuarial valuation of the
fund required under section 356.215 must be prepared by the actuary retained
under section 356.214.
(c) Any approved actuary retained by
the executive director under section 352.03, subdivision 6, may perform
actuarial valuations and experience studies to supplement those performed by
the actuary retained under section 356.214.
Any supplemental actuarial valuation or experience studies must be filed
with the executive director of the Legislative Commission on Pensions and
Retirement.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 17. Minnesota
Statutes 2008, section 352B.08, subdivision 1, is amended to read:
Subdivision 1. Eligibility; when to apply; accrual. (a) Every member who is credited
with three or more years of allowable service if first employed before July
1, 2010, or with at least five years of allowable service if first employed
after June 30, 2010, is entitled to separate from state service and upon
becoming 50 years old, is entitled to receive a life annuity, upon separation
from state service.
(b) Members shall must apply
for an annuity in a form and manner prescribed by the executive director.
(c) No application may be made more
than 90 days before the date the member is eligible to retire by reason of both
age and service requirements.
(d) An annuity begins to accrue no earlier than 180 days
before the date the application is filed with the executive director.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 18. Minnesota
Statutes 2008, section 352B.08, subdivision 2a, is amended to read:
Subd. 2a. Early retirement. Any member who has become at least 50
years old and who has at least three years of allowable service if first
employed before July 1, 2010, or who has at least five years of allowable service
if first employed after June 30, 2010, is entitled upon application to a
reduced retirement annuity equal to the annuity calculated under subdivision 2,
reduced by one-tenth of one percent for each month that the member is under age
55 at the time of retirement if first employed before July 1, 2010, or
reduced by two-tenths of one percent for each month that the member is under
age 55 at the time of retirement if first employed after June 30, 2010.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 19. Minnesota
Statutes 2008, section 352B.11, subdivision 2b, is amended to read:
Subd. 2b. Surviving spouse benefit eligibility. (a) If an active member with three or
more years of allowable service if first employed before July 1, 2010, or
with at least five years of allowable service if first employed after June 30,
2010, dies before attaining age 55, the surviving spouse is entitled to the
benefit specified in subdivision 2c, paragraph (b).
(b) If an active member with less than three years of
allowable service if first employed before July 1, 2010, or with fewer than
five years of allowable service if first employed after June 30, 2010, dies
at any age, the surviving spouse is entitled to receive the benefit specified in
subdivision 2c, paragraph (c).
(c) If an active member with three or more years of
allowable service if first employed before July 1, 2010, or with at least
five years of allowable service if first employed after June 30, 2010, dies
on or after attaining exact age 55, the surviving spouse is entitled to receive
the benefits specified in subdivision 2c, paragraph (d).
(d) If a disabilitant dies while receiving a disability
benefit under section 352B.10 or before the benefit under that section commenced,
and an optional annuity was not elected under section 352B.10, subdivision 5,
the surviving spouse is entitled to receive the benefit specified in
subdivision 2c, paragraph (b).
(e) If a former member with three or more years of
allowable service if first employed before July 1, 2010, or with at least
five years of allowable service if first employed after June 30, 2010, who
terminated from service and has not received a refund or commenced receipt of
any other benefit provided by this chapter, dies, the surviving spouse is
entitled to receive the benefit specified in subdivision 2c, paragraph (e).
(f) If a former member with less than three years of
allowable service if first employed before July 1, 2010, or with fewer than
five years of allowable service if first employed after June 30, 2010, who
terminated from service and has not received a refund or commenced receipt of
any other benefit, if applicable, provided by this chapter, dies, the surviving
spouse is entitled to receive the refund specified in subdivision 2c, paragraph
(f).
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 20. Minnesota
Statutes 2008, section 352B.30, subdivision 1, is amended to read:
Subdivision 1. Entitlement to annuity. Any person who has been an employee
covered by the Minnesota State Retirement System, or a member of the Public
Employees Retirement Association including the Public Employees Retirement
Association Police and Fire Fund, or the Teachers Retirement Association, or
the State Patrol retirement
fund, or any other public employee retirement system in
Minnesota having a like provision but excluding all other funds providing
benefits for police or firefighters is entitled when qualified to an annuity
from each fund if total allowable service in all funds or in any two of these
funds totals three or more the number of years of allowable
service required by the applicable retirement plan with the longest vesting
period for the person. No part of
the allowable service upon which the retirement annuity from one fund is based
may again be used in the computation for benefits from another fund. The member must not have taken a refund from
any one of these funds since service entitling the member to coverage under the
system or membership in any of the associations last terminated. The annuity from each fund must be determined
by the appropriate law except that the requirement that a person must have at
least three a specific number of years allowable service in the
respective system or association does not apply for the purposes of this
section if the combined service in two or more of these funds equals three
or more the number of years of allowable service required by the
applicable retirement plan with the longest vesting period for the person.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 21. Minnesota
Statutes 2008, section 352B.30, subdivision 2, is amended to read:
Subd. 2. Computation of deferred annuity. Deferred annuities must be computed
according to this chapter on the basis of allowable service before termination
of service and augmented as provided in this chapter. The required reserves applicable to a
deferred annuity must be augmented by interest compounded annually from the
first day of the month following the month in which the member terminated
service, or July 1, 1971, whichever is later, to the first day of the month in
which the annuity begins to accrue. The
rates of interest used for this purpose shall must be five
percent per year compounded annually until January 1, 1981, and after that
date three percent per year compounded annually after January 1, 1981,
until January 1, 2012, if the employee became an employee before
July 1, 2006, and at 2.5 percent compounded annually if the
employee becomes an employee after June 30, 2006, and two percent per year
compounded annually after December 31, 2011, irrespective of when the employee
was first employed. The mortality
table and interest assumption used to compute the annuity shall must
be those in effect when the member files application for annuity.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 22. Minnesota
Statutes 2008, section 352F.07, is amended to read:
352F.07
EFFECT ON REFUND.
Notwithstanding any provision of chapter 352 to the
contrary, terminated hospital employees may receive a refund of employee
accumulated contributions plus interest at the rate of six percent per year
compounded annually in accordance with Minnesota Statutes 1994,
section 352.22, subdivision 2, at any time after the transfer of employment to
Fairview, University of Minnesota Physicians, or University Affiliated Family
Physicians. If a terminated hospital
employee has received a refund from a pension plan enumerated in section
356.30, subdivision 3, the person may not repay that refund unless the person
again becomes a member of one of those enumerated plans and complies with
section 356.30, subdivision 2.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 23. Minnesota
Statutes 2008, section 353.01, is amended by adding a subdivision to read:
Subd. 47.
Vesting. (a) "Vesting" means
obtaining a nonforfeitable entitlement to an annuity or benefit from a
retirement plan administered by the Public Employees Retirement Association by
having credit for sufficient allowable service under paragraph (b) or (c),
whichever applies.
(b) For purposes of qualifying for an annuity or
benefit as a basic or coordinated plan member of the general employees
retirement plan of the Public Employees Retirement Association:
(1) a member who first became a public employee before
July 1, 2010, is vested when the person has accrued credit for not less than
three years of allowable service as defined under subdivision 16; and
(2) a member who first becomes a public employee after
June 30, 2010, is vested when the person has accrued credit for not less than
five years of allowable service as defined under subdivision 16.
(c) For purposes of qualifying for an annuity or
benefit as a member of the police and fire plan or a member of the local
government correctional employees retirement plan:
(1) a member who first became a public employee before
July 1, 2010, is vested when the person has accrued credit for not less than
three years of allowable service as defined under subdivision 16; and
(2) a member who first becomes a public employee after
June 30, 2010, is vested at the following percentages when the person has
accrued credited allowable service as defined under subdivision 16, as follows:
(i) 50 percent after five years;
(ii) 60 percent after six years;
(iii) 70 percent after seven years;
(iv) 80 percent after eight years;
(v) 90 percent after nine years; and
(vi) 100 percent after ten years.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 24. Minnesota
Statutes 2009 Supplement, section 353.27, subdivision 2, is amended to read:
Subd. 2. Employee contribution. (a) For a basic member, the employee
contribution is 9.10 percent of salary. For
a coordinated member, the employee contribution is six percent the
following percentage of salary plus any contribution rate adjustment under
subdivision 3b.:
Effective
before January 1, 2011 6.00
Effective
after December 31, 2010 6.25
(b) These contributions must be made by deduction from
salary as defined in section 353.01, subdivision 10, in the manner provided in
subdivision 4. If any portion of a
member's salary is paid from other than public funds, the member's employee
contribution must be based on the total salary received by the member from all
sources.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 25. Minnesota
Statutes 2009 Supplement, section 353.27, subdivision 3, is amended to read:
Subd. 3. Employer contribution. (a) For a basic member, the employer
contribution is 9.10 percent of salary. For
a coordinated member, the employer contribution is six percent the
following percentage of salary plus any contribution rate adjustment under
subdivision 3b.:
Effective
before January 1, 2011 6.00
Effective
after December 31, 2010 6.25
(b) This contribution must be made from funds
available to the employing subdivision by the means and in the manner provided
in section 353.28.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 26. Minnesota
Statutes 2008, section 353.27, subdivision 3b, is amended to read:
Subd. 3b. Change in employee and employer
contributions in certain instances. (a)
For purposes of this section,:
(1) a contribution sufficiency exists
if the total of the employee contribution under subdivision 2, the employer
contribution under subdivision 3, the additional employer contribution under
subdivision 3a, and any additional contribution previously imposed under this
subdivision exceeds the total of the normal cost, the administrative expenses,
and the amortization contribution of the retirement plan as reported in the
most recent actuarial valuation of the retirement plan prepared by the actuary
retained under section 356.214 and prepared under section 356.215 and the
standards for actuarial work of the Legislative Commission on Pensions and
Retirement. For purposes of this section,;
and
(2) a contribution deficiency exists
if the total of the employee contributions under subdivision 2, the employer
contributions under subdivision 3, the additional employer contribution under
subdivision 3a, and any additional contribution previously imposed under this
subdivision is less than the total of the normal cost, the administrative
expenses, and the amortization contribution of the retirement plan as reported
in the most recent actuarial valuation of the retirement plan prepared by the
actuary retained under section 356.214 and prepared under section 356.215 and
the standards for actuarial work of the Legislative Commission on Pensions and
Retirement.
(b) Employee and employer contributions under
subdivisions 2 and 3 must be adjusted:
(1) if, on or after July 1, 2010, the regular
actuarial valuations valuation of the general employees
retirement plan of the Public Employees Retirement Association under section
356.215 indicate indicates that there is a contribution
sufficiency under paragraph (a) equal to or greater than 0.5 one
percent of covered payroll and that the sufficiency has existed for at
least two consecutive years, the coordinated program employee and employer
contribution rates must be decreased as determined under paragraph (c) to a
level such that the sufficiency equals is no more greater
than 0.25 one percent of covered payroll based on the most
recent actuarial valuation; or
(2) if, on or after July 1, 2010, the regular actuarial
valuations valuation of the general employees retirement plan of
the Public Employees Retirement Association under section 356.215 indicate
indicates that there is a contribution deficiency equal to or
greater than 0.5 percent of covered payroll and that the deficiency has
existed for at least two consecutive years, the coordinated program
employee and employer contribution rates must be increased as determined under
paragraph (c) (d) to a level such that no deficiency exists based
on the most recent actuarial valuation.
(c) The contribution rate increase or decrease must
be determined by the executive director of the Public Employees Retirement
Association, must be reported to the chair and the executive director of the
Legislative Commission on Pensions and Retirement on or before the next
February 1, and, if the Legislative Commission on Pensions and Retirement does
not recommend against the rate change or does not recommend a modification in
the rate change, is effective on the next July 1 following the determination by
the executive director that a contribution deficiency or sufficiency has
existed for two consecutive fiscal years based on the most recent actuarial
valuations under section 356.215. If
the actuarially required contribution exceeds or is less than the total
support provided by the combined employee and employer contribution rates under
subdivisions 2, 3, and 3a, by more than 0.5 one percent of
covered payroll, the coordinated program employee and employer contribution
rates under subdivisions 2 and 3 must be adjusted decreased
incrementally over one or more years by no more than 0.25 percent of pay
each for employee and employer matching contribution rates to a level such
that there remains a contribution sufficiency of no more than 0.25 at
least one percent of covered payroll.
No contribution rate decrease may be made until at least two years
have elapsed since any adjustment under this subdivision has been fully
implemented.
(d) No If the actuarially required
contribution exceeds the total support provided by the combined employee and
employer contribution rates under subdivisions 2, 3, and 3a, the employee and
matching employer contribution rates must be increased equally to eliminate
that contribution deficiency. If the
contribution deficiency is:
(1) less than two percent, the incremental
adjustment increase may exceed be up to 0.25
percent for either the coordinated program employee and matching
employer contribution rates per year in which any adjustment is implemented. A contribution rate adjustment under this
subdivision must not be made until at least two years have passed since fully
implementing a previous adjustment under this subdivision.;
(2) greater than 1.99 percent and less than 4.01
percent, the incremental increase may be up to 0.5 percent for the employee and
matching employer contribution rates; or
(3) greater than four percent, the incremental
increase may be up to 0.75 percent for the employee and matching employer
contribution.
(e) Any recommended adjustment to the contribution
rates must be reported to the chair and the executive director of the
Legislative Commission on Pensions and Retirement by January 15 following
receipt of the most recent annual actuarial valuation prepared under section
356.215. If the Legislative Commission
on Pensions and Retirement does not recommend against the rate change or does
not recommend a modification in the rate change, the recommended adjustment
becomes effective on the first day of the first full payroll period in the
fiscal year following receipt of the most recent actuarial valuation that gave
rise to the adjustment.
(f) A contribution sufficiency of up to one percent of
covered payroll must be held in reserve to be used to offset any future
actuarially required contributions that are more than the total combined
employee and employer contributions under subdivisions 2, 3, and 3a.
(g) Before any reduction in contributions to eliminate
a sufficiency in excess of one percent of covered pay may be recommended, the
executive director must review any need for a change in actuarial assumptions,
as recommended by the actuary retained under section 356.214 in the most recent
experience study of the general employees retirement plan prepared under
section 356.215 and the standards for actuarial work promulgated by the
Legislative Commission on Pensions and Retirement that may result in an
increase in the actuarially required contribution and must report to the
Legislative Commission on Pensions and Retirement any recommendation by the
board to use the sufficiency exceeding one percent of covered payroll to offset
the impact of an actuarial assumption change recommended by the actuary
retained under section 356.214, subdivision 1, and reviewed by the actuary
retained by the commission under section 356.214, subdivision 4.
(h) No contribution sufficiency in excess of one
percent of covered pay may be proposed to be used to increase benefits, and no
benefit increase may be proposed that would initiate an automatic adjustment to
increase contributions under this subdivision.
Any proposed benefit improvement must include a recommendation, prepared
by the actuary retained under section 356.214, subdivision 1, and reviewed by
the actuary retained by the Legislative Commission on Pensions and Retirement
as provided under section 356.214, subdivision 4, on how the benefit
modification will be funded.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 27. Minnesota
Statutes 2008, section 353.29, subdivision 1, is amended to read:
Subdivision 1. Age and allowable service requirements. Upon termination of membership, a person
who has attained normal retirement age and who received credit for not less
than three years of allowable service is vested under section 353.01,
subdivision 47, is entitled upon application to a retirement annuity. The retirement annuity is known as the
"normal" retirement annuity.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 28. Minnesota
Statutes 2008, section 353.30, subdivision 1c, is amended to read:
Subd. 1c. Pre-July 1, 1989, members: early retirement. Upon termination of public service, a
person who first became a public employee or a member of a pension fund listed
in section 356.30, subdivision 3, before July 1, 1989, who has become at least
55 years old but not normal retirement age, and has received credit for at
least three years of allowable service is vested under section 353.01,
subdivision 47, is entitled, upon application, to a
retirement annuity in an amount equal to the normal annuity provided in section
353.29, subdivision 3, paragraph (a), reduced by one-quarter of one percent for
each month that the member is under normal retirement age at the time of
retirement.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 29. Minnesota
Statutes 2008, section 353.32, subdivision 1, is amended to read:
Subdivision 1. Before retirement. If a member or former member who
terminated public service dies before retirement or before receiving any
retirement annuity and no other payment of any kind is or may become payable to
any person, a refund shall be paid is payable to the designated
beneficiary or, if there be none, to the surviving spouse, or, if none, to the
legal representative of the decedent's estate.
Such The refund shall must be in an amount
equal to accumulated deductions plus annual compound interest thereon at
the rate of six percent per annum compounded annually specified in
section 353.34, subdivision 2, and less the sum of any disability or
survivor benefits, if any, that may have been paid by the fund; provided that a
survivor who has a right to benefits pursuant to under section
353.31 may waive such benefits in writing, except such benefits for a dependent
child under the age of 18 years may only be waived pursuant to under
an order of the district court.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 30. Minnesota
Statutes 2008, section 353.32, subdivision 1a, is amended to read:
Subd. 1a. Surviving spouse optional annuity. (a) If a member or former member who has
credit for not less than three years of allowable service is vested
under section 353.01, subdivision 47, and who dies before the
annuity or disability benefit begins to accrue under section 353.29,
subdivision 7, or 353.33, subdivision 2, notwithstanding any designation of
beneficiary to the contrary, the surviving spouse may elect to receive, instead
of a refund with interest under subdivision 1, or surviving spouse benefits
otherwise payable under section 353.31, an annuity equal to a 100 percent joint
and survivor annuity computed consistent with section 353.30, subdivision 1a,
1c, or 5, whichever is applicable.
(b) If a member first became a public employee or a
member of a pension fund listed in section 356.30, subdivision 3, before July
1, 1989, and has credit for at least 30 years of allowable service on the date
of death, the surviving spouse may elect to receive a 100 percent joint and
survivor annuity computed using section 353.30, subdivision 1b, except that the
early retirement reduction under that provision will be applied from age 62
back to age 55 and one-half of the early retirement reduction from age 55 back
to the age payment begins.
(c) If a member who was under age 55 and has credit
for at least three years of allowable service who is vested under
section 353.01, subdivision 47, dies, but did not qualify for retirement on
the date of death, the surviving spouse may elect to receive a 100 percent
joint and survivor annuity computed using section 353.30, subdivision 1c or 5,
as applicable, except that the early retirement reduction specified in the
applicable subdivision will be applied to age 55 and one-half of the early
retirement reduction from age 55 back to the age payment begins.
(d) Notwithstanding the definition of surviving spouse
in section 353.01, subdivision 20, a former spouse of the member, if any, is
entitled to a portion of the monthly surviving spouse optional annuity if
stipulated under the terms of a marriage dissolution decree filed with the
association. If there is no surviving
spouse or child or children, a former spouse may be entitled to a lump-sum
refund payment under subdivision 1, if provided for in a marriage dissolution
decree, but not a monthly surviving spouse optional annuity, despite the terms
of a marriage dissolution decree filed with the association.
(e) The surviving spouse eligible for surviving spouse
benefits under paragraph (a) may apply for the annuity at any time after the
date on which the deceased employee would have attained the required age for
retirement based on the employee's allowable service. The surviving spouse eligible for surviving
spouse benefits under paragraph (b) or (c) may apply for an annuity any time
after the member's death.
(f) Sections 353.34, subdivision 3, and 353.71,
subdivision 2, apply to a deferred annuity or surviving spouse benefit payable
under this subdivision.
(g) An amount equal to any excess of the accumulated
contributions that were credited to the account of the deceased employee over
and above the total of the annuities paid and payable to the surviving spouse
must be paid to the surviving spouse's estate.
(h) A member may specify in writing, with the signed
consent of the spouse, that this subdivision does not apply and that payment
may be made only to the designated beneficiary as otherwise provided by this
chapter. The waiver of a surviving
spouse annuity under this section does not make a dependent child eligible for
benefits under subdivision 1c.
(i) If the deceased member or former member first
became a public employee or a member of a public pension plan listed in section
356.30, subdivision 3, on or after July 1, 1989, a survivor annuity computed
under paragraph (a) or (c) must be computed as specified in section 353.30,
subdivision 5, except for the revised early retirement reduction specified in
paragraph (c), if paragraph (c) is the applicable provision.
(j) For any survivor annuity determined under this
subdivision, the payment is to be based on the total allowable service that the
member had accrued as of the date of death and the age of the member and
surviving spouse on that date.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 31. Minnesota
Statutes 2009 Supplement, section 353.33, subdivision 1, is amended to read:
Subdivision 1. Age, service, and salary requirements. (a) A coordinated or basic member
who has at least three years of allowable service is vested under
section 353.01, subdivision 47, and who becomes totally and
permanently disabled before normal retirement age, upon application as defined
under section 353.031, is entitled to a disability benefit in an amount
determined under subdivision 3.
(b) If the disabled person's public
service has terminated at any time, at least two of the required three
years of allowable service required to be vested under section 353.01,
subdivision 47, must have been rendered after last becoming an active
member.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 32. Minnesota
Statutes 2008, section 353.34, subdivision 1, is amended to read:
Subdivision 1. Refund or deferred annuity. (a) A former member is entitled to either
a refund of accumulated employee deductions under subdivision 2, or to a
deferred annuity under subdivision 3. Application
for a refund may not be made before the date of termination of public service. Except as specified in paragraph (b), a
refund must be paid within 120 days following receipt of the application unless
the applicant has again become a public employee required to be covered by the
association.
(b) If an individual was placed on layoff under
section 353.01, subdivision 12 or 12c, a refund is not payable before
termination of service under section 353.01, subdivision 11a.
(c) An individual who terminates public service
covered by the Public Employees Retirement Association general employees
retirement plan, the Public Employees Retirement Association police and fire
retirement plan, or the public employees local government corrections correctional
service retirement plan, and who is employed by a different employer and who
becomes an active member covered by one of the other two plans, may receive a
refund of employee contributions plus six percent annual compound interest
compounded annually from the plan from which the member terminated
service at the applicable rate specified in subdivision 2.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 33. Minnesota
Statutes 2008, section 353.34, subdivision 2, is amended to read:
Subd. 2. Refund with interest. (a) Except as provided in
subdivision 1, any person who ceases to be a public employee shall is
entitled to receive a refund in an amount equal to accumulated deductions
with annual compound interest to the first day of the month in which the
refund is processed at the rate of six percent compounded annually based on
fiscal year balances.
(b) For a person who ceases to be a public employee
before July 1, 2011, the refund interest is at the rate of six percent to June
30, 2011, and at the rate of four percent after June 30, 2011. For a person who ceases to be a public
employee after July 1, 2011, the refund interest is at the rate of four
percent.
(c) If a person repays a refund and
subsequently applies for another refund, the repayment amount, including interest,
is added to the fiscal year balance in which the repayment was made.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 34. Minnesota
Statutes 2008, section 353.34, subdivision 3, is amended to read:
Subd. 3. Deferred annuity; eligibility; computation. (a) A member with at least
three years of allowable service who is vested under section 353.01,
subdivision 47, when termination of public service or termination of
membership occurs has the option of leaving the accumulated deductions in the
fund and being entitled to a deferred retirement annuity commencing at normal
retirement age or to a deferred early retirement annuity under section 353.30,
subdivision 1a, 1b, 1c, or 5.
(b) The deferred annuity must be
computed under section 353.29, subdivision 3, on the basis of the law in effect
on the date of termination of public service or termination of membership,
whichever is earlier, and must be augmented as provided in section 353.71,
subdivision 2.
(c) A former member qualified to apply
for a deferred retirement annuity may revoke this option at any time before the
commencement of deferred annuity payments by making application for a refund. The person is entitled to a refund of
accumulated member contributions within 30 days following date of receipt of
the application by the executive director.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 35. Minnesota
Statutes 2009 Supplement, section 353.65, subdivision 2, is amended to read:
Subd. 2. Employee contribution. The employee contribution is 9.4 percent
of the salary of the member in calendar year 2010 and is 9.6 percent of the
salary of the member in each calendar year after 2010. This contribution must be made by deduction from
salary in the manner provided in subdivision 4.
Where any portion of a member's salary is paid from other than public
funds, the member's employee contribution is based on the total salary received
from all sources.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 36. Minnesota
Statutes 2009 Supplement, section 353.65, subdivision 3, is amended to read:
Subd. 3. Employer contribution. The employer contribution is 14.1 percent
of the salary of the member in calendar year 2010 and is 14.4 percent of the
salary of the member in each calendar year after 2010. This contribution must be made from funds
available to the employing subdivision by the means and in the manner provided
in section 353.28.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 37. Minnesota
Statutes 2008, section 353.651, subdivision 1, is amended to read:
Subdivision 1. Age and allowable service requirements. Upon separation from public service, any
police officer or firefighter member who has attained the age of at least 55
years and who received credit for not less than three years of allowable
service is vested under section 353.01, subdivision 47, is entitled
upon application to a retirement annuity. Such retirement annuity is, known
as the "normal" retirement annuity.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 38. Minnesota
Statutes 2008, section 353.651, subdivision 4, is amended to read:
Subd. 4. Early retirement. (a) A person who becomes a police and
fire plan member after June 30, 2007, or a former member who is reinstated as a
member of the plan after that date, who is at least 50 years of age with at
least three years of allowable service and who is vested under section
353.01, subdivision 47, upon the termination of public service is entitled
upon application to a retirement annuity equal to the normal annuity calculated
under subdivision 3, reduced by two-tenths of one percent for each month that the
member is under age 55 at the time of retirement.
(b) Upon the termination of public service, any police
and fire plan member not specified in paragraph (a), upon attaining at least 50
years of age with at least three years of allowable service is entitled upon
application to a retirement annuity equal to the normal annuity calculated
under subdivision 3, reduced by one-tenth of one percent for each month that
the member is under age 55 at the time of retirement.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 39. Minnesota
Statutes 2008, section 353.657, subdivision 1, is amended to read:
Subdivision 1. Generally.
(a) In the event that a member of the police and fire fund dies from
any cause before retirement or before becoming disabled and receiving
disability benefits, the association shall grant survivor benefits to a
surviving spouse, as defined in section 353.01, subdivision 20, and to a
dependent child or children, as defined in section 353.01, subdivision 15,
except that if the death is not a line of duty death, the member must have
accrued at least three years of credited service be vested under section
353.01, subdivision 47.
(b) Notwithstanding the definition of surviving spouse,
a former spouse of the member, if any, is entitled to a portion of the monthly
surviving spouse benefit if stipulated under the terms of a marriage
dissolution decree filed with the association.
If there is no surviving spouse or child or children, a former spouse
may be entitled to a lump-sum refund payment under section 353.32, subdivision
1, if provided for in a marriage dissolution decree but not a monthly surviving
spouse benefit despite the terms of a marriage dissolution decree filed with
the association.
(c) The spouse and child or children are entitled to
monthly benefits as provided in subdivisions 2 to 4.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 40. Minnesota
Statutes 2008, section 353.657, subdivision 2a, is amended to read:
Subd. 2a. Death while eligible survivor benefit. (a) If a member or former member who has
attained the age of at least 50 years and has credit for not less than three
years allowable service either who is vested under section 353.01,
subdivision 47, or who has credit for at least 30 years of allowable
service, regardless of age attained, dies before the annuity or disability
benefit becomes payable, notwithstanding any designation of beneficiary to the
contrary, the surviving spouse may elect to receive a death while eligible
survivor benefit.
(b) Notwithstanding the definition of surviving spouse
in section 353.01, subdivision 20, a former spouse of the member, if any, is
entitled to a portion of the death while eligible survivor benefit if stipulated
under the terms of a marriage dissolution decree filed with the association. If there is no surviving spouse or child or
children, a former spouse may be entitled to a lump-sum refund payment under
section 353.32, subdivision 1, if provided for in a marriage dissolution decree
but not a death while eligible survivor benefit despite the terms of a marriage
dissolution decree filed with the association.
(c) The benefit may be elected instead of a refund with
interest under section 353.32, subdivision 1, or surviving spouse benefits
otherwise payable under subdivisions 1 and 2.
The benefit must be an annuity equal to the 100 percent joint and
survivor annuity which the member could have qualified for on the date of
death, computed as provided in sections 353.651, subdivisions 2 and 3, and
353.30, subdivision 3.
(d) The surviving spouse may apply for the annuity at
any time after the date on which the deceased employee would have attained the
required age for retirement based on the employee's allowable service. Sections 353.34, subdivision 3, and 353.71,
subdivision 2, apply to a deferred annuity payable under this subdivision.
(e) No payment accrues beyond the end of the month in
which entitlement to such annuity has terminated. An amount equal to the excess, if any, of the
accumulated contributions which were credited to the account of the deceased
employee over and above the total of the annuities paid and payable to the
surviving spouse must be paid to the deceased member's last designated beneficiary
or, if none, to the legal representative of the estate of such deceased member.
(f) Any member may request in writing, with the signed
consent of the spouse, that this subdivision not apply and that payment be made
only to the designated beneficiary, as otherwise provided by this chapter.
(g) For a member who is employed as a full-time
firefighter by the Department of Military Affairs of the state of Minnesota,
allowable service as a full-time state Military Affairs Department firefighter
credited by the Minnesota State Retirement System may be used in meeting the
minimum allowable service requirement of this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 41. Minnesota
Statutes 2008, section 353.71, subdivision 1, is amended to read:
Subdivision 1. Eligibility. Any person who has been a member of a
defined benefit retirement plan administered by the Public Employees
Retirement Association, or a retirement plan administered by the
Minnesota State Retirement System, or the Teachers Retirement Association, or
any other public retirement system in the state of Minnesota having a like
provision, except a fund retirement plan providing benefits for
police officers or firefighters governed by sections 69.77 or 69.771 to 69.776,
shall be is entitled, when qualified, to an annuity
from each fund retirement plan if the total allowable service in
all funds retirement plans or in any two of these funds retirement
plans totals three or more years the number of years of allowable
service required to receive a normal retirement annuity for that retirement
plan, provided that no portion of the allowable service upon which
the retirement annuity from one fund retirement plan is based is
again used in the computation for benefits from another fund retirement
plan and provided further that the person has not taken a refund from any
one of these funds retirement plans since the person's membership
in that association or system last terminated.
The annuity from each fund shall must be determined by the
appropriate provisions of the law except that the requirement that a person
must have at least three years a specific minimum period of
allowable service in the respective association or system shall does not
apply for the purposes of this section provided if the combined
service in two or more of these funds retirement plans equals three
or more the number of years of allowable service required to
receive a normal retirement annuity for that retirement plan.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 42. Minnesota
Statutes 2008, section 353.71, subdivision 2, is amended to read:
Subd. 2. Deferred annuity computation; augmentation. (a) The deferred annuity accruing under
subdivision 1, or under sections 353.34, subdivision 3, and 353.68, subdivision
4, must be computed on the basis of allowable service prior to the termination
of public service and augmented as provided in this paragraph subdivision. The required reserves applicable to a
deferred annuity, or to any deferred segment of an annuity must be determined
as of the first day of the month following the month in which the former member
ceased to be a public employee, or July 1, 1971, whichever is later. These
(b) For a person who became a public employee before
July 1, 2006, whose period of deferral began after June 30, 1971, and who
terminated public employment before January 1, 2012, the required
reserves of the deferred annuity must be augmented at the following
applicable rate of or rates:
(1) five percent annually compounded
annually annual compound interest until January 1, 1981, and at
the rate of;
(2) three percent thereafter annual
compound interest after January 1, 1981, or until the earlier of
December 31, 2011, or after the date of the termination of public
service or the termination of membership, whichever is later, until January
1 of the year following the year in which the former member attains age 55 and;
(3) five percent annual compound interest from that
date to the effective date of retirement, the rate is five percent compounded
annually if the employee became an employee before July 1, 2006, and at 2.5
percent compounded annually if the employee becomes an January 1 of the
year following the year in which the former member attains age 55, or until
December 31, 2011, whichever is earlier; and
(4) one percent annual compound interest from January
1, 2012.
(c) For a person who became a public employee
after June 30, 2006, and who terminated public employment before January 1,
2012, the required reserves of the deferred annuity must be augmented at 2.5
percent annual compound interest from the date of termination of public service
or termination of membership, whichever is earlier, until December 31, 2011,
and one percent annual compound interest after December 31, 2011.
(d) For a person who terminates public employment after
December 31, 2011, the required reserves of the deferred annuity must not be
augmented.
(e) If a person has more than one period of uninterrupted
service, the required reserves related to each period must be augmented as
specified in this paragraph. The sum of
the augmented required reserves is the present value of the annuity. Uninterrupted service for the purpose of this
subdivision means periods of covered employment during which the employee has
not been separated from public service for more than two years. If a person repays a refund, the restored
service must be considered as continuous with the next period of service for
which the employee has credit with this association. This section must not reduce the annuity
otherwise payable under this chapter. This
paragraph applies to individuals who become deferred annuitants on or after
July 1, 1971. For a member who became a
deferred annuitant before July 1, 1971, the paragraph applies from July 1,
1971, if the former active member applies for an annuity after July 1, 1973.
(b) (f) The retirement annuity or disability benefit
of, or the survivor benefit payable on behalf of, a former member who
terminated service before July 1, 1997, or the survivor benefit payable on
behalf of a basic or police and fire member who was receiving disability
benefits before July 1, 1997, which is first payable after June 30, 1997,
must be increased on an actuarial equivalent basis to reflect the change in the
postretirement interest rate actuarial assumption under section 356.215,
subdivision 8, from five percent to six percent under a calculation procedure
and tables adopted by the board and approved by the actuary retained under
section 356.214.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 43. Minnesota
Statutes 2008, section 353E.04, subdivision 1, is amended to read:
Subdivision 1. Eligibility requirements. After termination of public employment,
an employee covered under section 353E.02 who has attained the age of at least
55 years and has credit for not less than three years of coverage who
is vested under section 353.01, subdivision 47, in the local government
correctional service plan is entitled, upon application, to a normal retirement
annuity. Instead of a normal retirement
annuity, a retiring employee may elect to receive the optional annuity provided
in section 353.30, subdivision 3.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 44. Minnesota
Statutes 2008, section 353E.04, subdivision 4, is amended to read:
Subd. 4. Early retirement. An employee covered under section 353E.02
who has attained the age of at least 50 years and has credit for not less
than three years of coverage who is vested under section 353.01,
subdivision 47, in the local government correctional service plan is
entitled, upon application, to a reduced retirement annuity equal to the
annuity calculated under subdivision 3, reduced so that the reduced annuity is
the actuarial equivalent of the annuity that would be payable if the employee
deferred receipt of the annuity from the day the annuity begins to accrue until
age 55.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 45. Minnesota
Statutes 2008, section 353E.07, subdivision 1, is amended to read:
Subdivision 1. Member at least age 50. If a member or former member of the local
government correctional service retirement plan who has attained the age of at
least 50 years and has credit for not less than three years of allowable
service who is vested under section 353.01, subdivision 47, dies
before the annuity or disability benefit has become payable, notwithstanding
any designation of beneficiary to the contrary, the surviving spouse may elect
to receive, in lieu of a refund with interest provided in section 353.32,
subdivision 1, a surviving spouse annuity equal to the 100 percent joint and
survivor annuity for which the member could have qualified had the member
terminated service on the date of death.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 46. Minnesota
Statutes 2008, section 353E.07, subdivision 2, is amended to read:
Subd. 2. Member not yet age 50. If the member was under age 50, dies, and
had credit for not less than three years of allowable service was
vested under section 353.01, subdivision 47, on the date of death but did
not yet qualify for retirement, the surviving spouse may elect to receive a 100
percent joint and survivor annuity based on the age of the employee and the
surviving spouse at the time of death. The
annuity is payable using the early retirement reduction under section 353E.04,
subdivision 4, to age 50 and one-half the early retirement reduction from age
50 to the age payment begins. Sections
353.34, subdivision 3, and 353.71, subdivision 2, apply to a deferred annuity
or surviving spouse benefit payable under this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 47. Minnesota
Statutes 2008, section 353F.03, is amended to read:
353F.03
VESTING RULE FOR CERTAIN EMPLOYEES.
Notwithstanding any provision of chapter 353 to the
contrary, a terminated medical facility or other public employing unit employee
is eligible to receive a retirement annuity under section 353.29 of the edition
of Minnesota Statutes published in the year before the year in which the
privatization occurred, without regard to the requirement for three years of
allowable service specified in section 353.01, subdivision 47.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 48. Minnesota
Statutes 2009 Supplement, section 354.42, subdivision 2, is amended to read:
Subd. 2. Employee contribution. (a) For a basic member, the employee
contribution to the fund is 9.0 percent the following percentage of
the member's salary.:
before
July 1, 2011 9.0
percent
from
July 1, 2011, until June 30, 2012 9.5
percent
from
July 1, 2012, until June 30, 2013 10.0
percent
from
July 1, 2013, until June 30, 2014 10.5
percent
after
June 30, 2014 11.0
percent
(b) For a coordinated member, the employee contribution is
5.5 percent the following percentage of the member's salary.:
before
July 1, 2011 5.5
percent
from
July 1, 2011, until June 30, 2012 6.0
percent
from
July 1, 2012, until June 30, 2013 6.5
percent
from July
1, 2013, until June 30, 2014 7.0
percent
after
June 30, 2014 7.5
percent
(c) When an employee contribution rate changes for a
fiscal year, the new contribution rate is effective for the entire salary paid
for each employer unit with the first payroll cycle reported.
(d) After June 30, 2015, if a contribution rate
revision is required under subdivisions 4a, 4b, and 4c, the employee
contributions under paragraphs (a) and (b) must be adjusted accordingly.
(b) (e) This contribution must be made by deduction
from salary. Where any portion of a
member's salary is paid from other than public funds, the member's employee
contribution must be based on the entire salary received.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 49. Minnesota
Statutes 2008, section 354.42, subdivision 3, is amended to read:
Subd. 3. Employer.
(a) The regular employer contribution to the fund by Special
School District No. 1, Minneapolis, after July 1, 2006, and before July 1,
2007, is an amount equal to 5.0 percent of the salary of each of its teachers
who is a coordinated member and 9.0 percent of the salary of each of its
teachers who is a basic member. After
July 1, 2007, the regular employer contribution to the fund by Special
School District No. 1, Minneapolis, is an amount equal to 5.5 percent
the applicable following percentage of salary of each coordinated member
and 9.5 percent the applicable following percentage of salary of
each basic member.:
Period Coordinated
Member Basic
Member
before July 1, 2011 5.5
percent 9.5
percent
from July 1, 2011, until June 30, 2012 6.0
percent 10.0
percent
from July 1, 2012, until June 30, 2013 6.5
percent 10.5
percent
from July 1, 2013, until June 30, 2014 7.0
percent 11.0
percent
after June 30, 2014 7.5
percent 11.5
percent
The additional employer contribution to the fund by Special
School District No. 1, Minneapolis, after July 1, 2006,
is an amount equal to 3.64 percent of the salary of each teacher who is a
coordinated member or is a basic member.
(b) The employer contribution to the fund for every other
employer is an amount equal to 5.0 percent the applicable following
percentage of the salary of each coordinated member and 9.0 percent the
applicable following percentage of the salary of each basic member before
July 1, 2007, and 5.5 percent of the salary of each coordinated member and 9.5
percent of the salary of each basic member after June 30, 2007.:
Period Coordinated
Member Basic
Member
before July 1, 2011 5.5
percent 9.5
percent
from July 1, 2011, until June 30, 2012 6.0
percent 10.0
percent
from July 1, 2012, until June 30, 2013 6.5
percent 10.5
percent
from July 1, 2013, until June 30, 2014 7.0
percent 11.0
percent
after June 30, 2014 7.5
percent 11.5
percent
(c) When an employer contribution
rate changes for a fiscal year, the new contribution rate is effective for the
entire salary paid for each employer unit with the first payroll cycle
reported.
(d) After June 30, 2015, if a
contribution rate revision is made under subdivisions 4a, 4b, and 4c, the
employer contributions under paragraphs (a) and (b) must be adjusted
accordingly.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 50. Minnesota Statutes 2008, section 354.42, is
amended by adding a subdivision to read:
Subd. 4a. Determination. (a) For purposes of this section, a
contribution sufficiency exists if the total of the employee contributions, the
employer contributions, and any additional employer contributions, if
applicable, exceeds the total of the normal cost, the administrative expenses,
and the amortization contribution of the retirement plan as reported in the
most recent actuarial valuation of the retirement plan prepared by the approved
actuary retained under section 356.214 and prepared under section 356.215 and
the standards for actuarial work of the Legislative Commission on Pensions and
Retirement.
(b) For purposes of this section, a
contribution deficiency exists if the total of the employee contributions, the
employer contributions, and any additional employer contributions are less than
the total of the normal cost, the administrative expenses, and the amortization
contribution of the retirement plan as reported in the most recent actuarial
valuation of the retirement plan prepared by the approved actuary retained
under section 356.214 and prepared under section 356.215 and the standards for
actuarial work of the Legislative Commission on Pensions and Retirement.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 51. Minnesota Statutes 2008, section 354.42, is
amended by adding a subdivision to read:
Subd. 4b. Contribution
rate revision. Notwithstanding
the contribution rate provisions under subdivisions 2 and 3, the employee and
employer contribution rates may be adjusted as follows:
(1) if, after June 30, 2015, the
regular actuarial valuation of the plan under section 356.215 indicates that
there is a contribution sufficiency under subdivision 4a equal to or greater
than one percent of covered payroll and the sufficiency has existed for at
least two consecutive years, the employee and employer contribution rates for
the plan may each be decreased to a level such that the sufficiency equals no
more than one percent of covered payroll based on the most recent actuarial
valuation; or
(2) if, after June 30, 2015, the
regular valuation of the plan under section 356.215 indicates that there is a
deficiency equal to or greater than 0.25 percent of covered payroll and the
deficiency has existed for at least two consecutive years, the employee and
employer contribution rates for the applicable plan may each be increased by:
(i) 0.25 percent if the deficiency
is less than 2.00 percent of covered payroll;
(ii) 0.5 percent if the deficiency
is equal to or greater than 2.00 percent of covered payroll and less than or
equal to four percent; and
(iii) 0.75 percent if the
deficiency is greater than four percent.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 52. Minnesota Statutes 2008, section 354.42, is
amended by adding a subdivision to read:
Subd. 4c. Contribution
sufficiency measures. (a) A contribution
sufficiency of up to one percent of covered payroll must be held in reserve to
be used to offset any future actuarially required contributions that are more
than the total combined employee and employer contributions being collected.
(b) Before any reduction in
contributions to eliminate a sufficiency in excess of one percent of covered
pay may be recommended, the executive director must review any need for a
change in actuarial assumptions, as recommended by the actuary retained under
section 356.214 in the most recent experience study of the retirement
plan, that may result in an
increase in the actuarially required contribution and must report to the
Legislative Commission on Pensions and Retirement any recommendation by the
board to use the sufficiency exceeding one percent of covered payroll to offset
the impact of an actuarial assumption change recommended by the actuary
retained under section 356.214, subdivision 1, and reviewed by the actuary
retained by the commission under section 356.214, subdivision 4.
(c) A contribution sufficiency in
excess of one percent of covered pay must not be used to increase benefits, and
a benefit increase must not be proposed that would initiate an automatic
adjustment under this section to increase contributions. A proposed benefit improvement must include a
recommendation, prepared by the actuary retained under section 356.214,
subdivision 1, and reviewed by the actuary retained by the Legislative
Commission on Pensions and Retirement, as provided under section 356.214,
subdivision 4, on the manner in which the benefit modification is to be funded.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 53. Minnesota Statutes 2008, section 354.42, is
amended by adding a subdivision to read:
Subd. 4d. Reporting;
commission review. A
contribution rate increase or decrease under subdivision 4b, as determined by
the executive director of the Teachers Retirement Association, must be reported
to the chair and the executive director of the Legislative Commission on
Pensions and Retirement on or before the next February 1 and, if the
Legislative Commission on Pensions and Retirement does not recommend against
the rate change or does not recommend a modification in the rate change, is
effective on the next July 1 following the determination by the executive
director that a contribution deficiency or sufficiency exists based on the most
recent actuarial valuation under section 356.215.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 54. Minnesota Statutes 2009 Supplement, section
354.47, subdivision 1, is amended to read:
Subdivision 1. Death
before retirement. (a) If a member
dies before retirement and is covered under section 354.44, subdivision 2, and
neither an optional annuity, nor a reversionary annuity, nor a benefit under
section 354.46, subdivision 1, is payable to the survivors if the member was a
basic member, then the surviving spouse, or if there is no surviving spouse,
the designated beneficiary is entitled to an amount equal to the member's
accumulated deductions with interest credited to the account of the member to
the date of death of the member. If the
designated beneficiary is a minor, interest must be credited to the date the
beneficiary reaches legal age, or the date of receipt, whichever is earlier.
(b) If a member dies before
retirement and is covered under section 354.44, subdivision 6, and neither an
optional annuity, nor reversionary annuity, nor the benefit described in
section 354.46, subdivision 1, is payable to the survivors if the member was a
basic member, then the surviving spouse, or if there is no surviving spouse, then
the designated beneficiary is entitled to an amount equal to the
member's accumulated deductions credited to the account of the member as of
June 30, 1957, and from July 1, 1957, to the date of death of the member, the
member's accumulated deductions plus six percent interest compounded annually. a refund equal to the accumulated
deductions credited to the member's account plus interest compounded annually
until the member's date of death using the following interest rates:
(1) before July 1, 1957, no
interest accrues;
(2) July 1, 1957, to June 30, 2011,
six percent; and
(3) after June 30, 2011, four
percent.
(c) If the designated beneficiary
under paragraph (b) is a minor, any interest credited under that paragraph must
be credited to the date the beneficiary reaches legal age, or the date of
receipt, whichever is earlier.
(d) The amount of any refund
payable under this subdivision must be reduced by any permanent disability
payment under section 354.48 received by the member.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 55. Minnesota Statutes 2009 Supplement, section
354.49, subdivision 2, is amended to read:
Subd. 2. Calculation. (a) Except as provided in section 354.44,
subdivision 1, any person who ceases to be a member by reason of termination of
teaching service, is entitled to receive a refund in an amount equal to the
accumulated deductions credited to the account as of June 30, 1957, and
after July 1, 1957, the accumulated deductions with interest at the rate of six
percent per annum compounded annually.
plus interest compounded annually using the following interest rates:
(1) before July 1, 1957, no
interest accrues;
(2) July 1, 1957, to June 30, 2011,
six percent; and
(3) after June 30, 2011, four
percent.
For the purpose of this
subdivision, interest must be computed on fiscal year end balances to the first
day of the month in which the refund is issued.
(b) If the person has received
permanent disability payments under section 354.48, the refund amount must be
reduced by the amount of those payments.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 56. Minnesota Statutes 2009 Supplement, section
354.55, subdivision 11, is amended to read:
Subd. 11. Deferred
annuity; augmentation. (a) Any
person covered under section 354.44, subdivision 6, who ceases to render
teaching service, may leave the person's accumulated deductions in the fund for
the purpose of receiving a deferred annuity at retirement.
(b) The amount of the deferred
retirement annuity is determined by section 354.44, subdivision 6, and
augmented as provided in this subdivision.
The required reserves for the annuity which had accrued when the member
ceased to render teaching service must be augmented, as further specified in
this subdivision, by the applicable interest rate compounded
annually from the first day of the month following the month during which the
member ceased to render teaching service to the effective date of retirement.
(c) No augmentation is not
creditable if the deferral period is less than three months or if deferral
commenced before July 1, 1971.
(d) For persons who became covered
employees before July 1, 2006, with a deferral period commencing after June 30,
1971, the annuity must be augmented using as follows:
(1) five
percent interest compounded annually until January 1, 1981, and;
(2) three
percent interest compounded annually thereafter from January 1, 1981,
until January 1 of the year following the year in which the deferred annuitant
attains age 55.;
From that date (3)
five percent interest compounded annually from the date established in clause
(2) to the effective date of retirement, the rate is five percent
compounded annually. or until
June 30, 2012, whichever is earlier; and
(4) two percent interest compounded
annually after June 30, 2012.
(e) For persons who become covered
employees after June 30, 2006, the interest rate used to augment the deferred
annuity is 2.5 percent interest compounded annually until June 30, 2012, or
until the effective date of retirement, whichever is earlier, and two percent
interest compounded annually after June 30, 2012.
(f) If a person has more than one
period of uninterrupted service, a separate average salary determined under
section 354.44, subdivision 6, must be used for each period and the required
reserves related to each period must be augmented as specified in this
subdivision. The sum of the augmented
required reserves is the present value of the annuity. For the purposes of this subdivision,
"period of uninterrupted service" means a period of covered teaching
service during which the member has not been separated from active service for
more than one fiscal year.
(g) If a person repays a refund,
the service restored by the repayment must be considered as continuous with the
next period of service for which the person has allowable service credit in the
Teachers Retirement Association.
(h) If a person does not render
teaching service in any one fiscal year or more consecutive fiscal years and
then resumes teaching service, the formula percentages used from the date of
the resumption of teaching service must be those applicable to new members.
(i) The mortality table and
interest rate actuarial assumption used to compute the annuity must be
the applicable mortality table established by the board under section 354.07,
subdivision 1, and the interest rate actuarial assumption under section
356.215 in effect when the member retires.
(j) In no case may the annuity
payable under this subdivision be less than the amount of annuity payable under
section 354.44, subdivision 6.
(k) The requirements and provisions
for retirement before normal retirement age contained in section 354.44,
subdivision 6, also apply to an employee fulfilling the requirements with a
combination of service as provided in section 354.60.
(l) The augmentation provided by
this subdivision applies to the benefit provided in section 354.46,
subdivision 2.
(m) The augmentation provided by
this subdivision does not apply to any period in which a person is on an
approved leave of absence from an employer unit covered by the provisions of
this chapter.
(n) The retirement annuity or
disability benefit of, or the survivor benefit payable on behalf of, a former
teacher who terminated service before July 1, 1997, which is not first payable
until after June 30, 1997, must be increased on an actuarial equivalent basis
to reflect the change in the postretirement interest rate actuarial assumption
under section 356.215, subdivision 8, from five percent to six percent under a
calculation procedure and tables adopted by the board as recommended by an
approved actuary and approved by the actuary retained under section 356.214.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 57. Minnesota Statutes 2008, section 354A.12,
subdivision 1, is amended to read:
Subdivision 1. Employee
contributions. (a) The
contribution required to be paid by each member of a teachers retirement fund
association shall not be less than is the percentage of total
salary specified below for the applicable association and program:
Association
and Program Percentage
of Total Salary
Duluth Teachers Retirement Fund Association
old law
and new law
coordinated
programs 5.5
percent
before
July 1, 2011 5.5
percent
effective
July 1, 2011 6.0
percent
effective
July 1, 2012 6.5
percent
St. Paul Teachers Retirement Fund Association
basic program before
July 1, 2011 8
percent
basic
program after June 30, 2011 8.25
percent
basic
program after June 30, 2012 8.5
percent
basic
program after June 30, 2013 8.75
percent
basic
program after June 30, 2014 9.0
percent
coordinated
program before July 1, 2011 5.5
percent
coordinated
program after June 30, 2011 5.75
percent
coordinated
program after June 30, 2012 6.0
percent
coordinated
program after June 30, 2013 6.25
percent
coordinated
program after June 30, 2014 6.50
percent
(b) Contributions shall be made by deduction from salary
and must be remitted directly to the respective teachers retirement fund
association at least once each month.
(c) When an employee contribution rate changes for a
fiscal year, the new contribution rate is effective for the entire salary paid
by the employer with the first payroll cycle reported.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 58. Minnesota
Statutes 2009 Supplement, section 354A.12, subdivision 2a, is amended to read:
Subd. 2a. Employer regular and additional
contributions. (a) The employing
units shall make the following employer contributions to teachers retirement
fund associations:
(1) for any coordinated member of one of the following
teachers retirement fund associations in a city of the first class, the
employing unit shall make a regular employer contribution to the respective
retirement fund association in an amount equal to the designated percentage of
the salary of the coordinated member as provided below:
Duluth Teachers Retirement Fund Association 4.50 percent
before
July 1, 2011 5.79
percent
effective
July 1, 2011 6.29
percent
effective
July 1, 2012 6.79
percent
St. Paul Teachers Retirement Fund Association
before July
1, 2011 4.50
percent
after June
30, 2011 4.75
percent
after June
30, 2012 5.0
percent
after June
30, 2013 5.25
percent
after June 30, 2014 5.5 percent
(2) for any basic member of the St. Paul Teachers
Retirement Fund Association, the employing unit shall make a regular employer
contribution to the respective retirement fund in an amount equal to 8.00
percent of the salary of the basic member; according to the schedule
below:
before July
1, 2011 8.0
percent of salary
after June
30, 2011 8.25
percent of salary
after June
30, 2012 8.5
percent of salary
after June
30, 2013 8.75
percent of salary
after June
30, 2014 9.0
percent of salary
(3) for a basic member of the St. Paul Teachers
Retirement Fund Association, the employing unit shall make an additional
employer contribution to the respective fund in an amount equal to 3.64 percent
of the salary of the basic member;
(4) for a coordinated member of a teachers
retirement fund association in a city of the first class the St. Paul
Teachers Retirement Fund Association, the employing unit shall make an
additional employer contribution to the respective fund in an amount equal to
the applicable percentage of the coordinated member's salary, as provided
below:
Duluth
Teachers Retirement Fund Association 1.29
percent
St. Paul
Teachers Retirement Fund Association 3.84
percent
(b) The regular and additional employer contributions
must be remitted directly to the respective teachers retirement fund
association at least once each month. Delinquent
amounts are payable with interest under the procedure in subdivision 1a.
(c) Payments of regular and additional employer
contributions for school district or technical college employees who are paid
from normal operating funds must be made from the appropriate fund of the
district or technical college.
(d) When an employer contribution rate changes for a
fiscal year, the new contribution rate is effective for the entire salary paid
by the employer with the first payroll cycle reported.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 59. Minnesota
Statutes 2008, section 354A.12, subdivision 3c, is amended to read:
Subd. 3c. Termination of supplemental contributions
and direct matching and state aid. (a)
The supplemental contributions payable to the Minneapolis Teachers Retirement
Fund Association by Special School District No. 1 and the city of
Minneapolis under section 423A.02, subdivision 3, must be paid to the Teachers
Retirement Association and must continue until the current assets of the fund
equal or exceed the actuarial accrued liability of the fund as determined in
the most recent actuarial report for the fund by the actuary retained under
section 356.214, or 2037, whichever occurs earlier. The supplemental contributions payable to the
St. Paul Teachers
Retirement Fund Association by Independent School
District No. 625 under section 423A.02, subdivision 3, or the direct state
aid under subdivision 3a to the St. Paul Teachers Retirement Fund
Association terminate at the end of the fiscal year in which the accrued
liability funding ratio for that fund, as determined in the most recent
actuarial report for that fund by the actuary retained under section 356.214,
equals or exceeds the accrued liability funding ratio for the Teachers
Retirement Association, as determined in the most recent actuarial report for
the Teachers Retirement Association by the actuary retained under section
356.214. must continue until the
current assets of the fund equal or exceed the actuarial accrued liability of
the fund as determined in the most recent actuarial report for the fund by the
actuary retained under section 356.214 or until 2037, whichever occurs earlier.
(b) If the St. Paul Teachers Retirement Fund
Association is funded at an amount equal to or greater than the funding ratio
applicable to the Teachers Retirement Association, then any future state aid
under subdivision 3a is payable to the Teachers Retirement Association.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 60. Minnesota
Statutes 2008, section 354A.27, subdivision 5, is amended to read:
Subd. 5. Calculation Eligibility for and
payment of postretirement adjustments. (a) Annually, after June 30, the board of
trustees of the Duluth Teachers Retirement Fund Association determines
the amount of any postretirement adjustment using the procedures in this
subdivision and subdivision 6 or 7, whichever is applicable.
(b) Each person who has been receiving an annuity or
benefit under the articles of incorporation, bylaws, or under this section for
at least 12 months as of the date of the postretirement adjustment shall be
eligible for a postretirement adjustment.
The postretirement adjustment shall be payable each January 1. The postretirement adjustment shall be equal
to two percent of a permanent percentage increase as specified under
subdivision 6 or 7, whichever is applicable, applied to the annuity or
benefit to which the person is entitled one month prior to the payment of the
postretirement adjustment.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 61. Minnesota
Statutes 2008, section 354A.27, subdivision 6, is amended to read:
Subd. 6. Additional increase Calculation of postretirement
adjustments; transitional provision.
(a) In addition to the postretirement increases granted under
subdivision 5, an additional percentage increase must be computed and paid
under this subdivision.
(b) The board of trustees shall determine the number
of annuitants or benefit recipients who have been receiving an annuity or
benefit for at least 12 months as of the current June 30. These recipients are entitled to receive the
surplus investment earnings additional postretirement increase.
(c) Annually, as of each June 30, the board shall
determine the five-year annualized rate of return attributable to the assets of
the Duluth Teachers Retirement Fund Association under the formula or formulas
specified in section 11A.04, clause (11).
(d) The board shall determine the amount of excess
five-year annualized rate of return over the preretirement interest assumption
as specified in section 356.215.
(e) The additional percentage increase must be
determined by multiplying the quantity one minus the rate of contribution
deficiency, as specified in the most recent actuarial report of the actuary
retained under section 356.214, times the rate of return excess as determined
in paragraph (d).
(f) The additional increase is payable to all eligible
annuitants or benefit recipients on the following January 1.
(a) For purposes of computing postretirement
adjustments after the effective date of this section for eligible benefit
recipients of the Duluth Teachers Retirement Fund Association, the funding
ratio of the plan, as determined by dividing the market value of assets by the
actuarial accrued liability as reported in the most recent actuarial valuation
prepared under sections 356.214 and 356.215, determines the postretirement
increase as follows:
Funding
Ratio Postretirement
Increase
less than
80 percent 0
percent
at least 80
percent but less than 90 percent 1
percent
at least 90
percent 2
percent
(b) If the funding ratio of the plan based on
actuarial value, rather than market value, is at least 90 percent as reported
in the most recent actuarial valuation prepared under sections 356.214 and
356.215, this subdivision expires and subsequent postretirement increases must
be paid as specified under subdivision 7.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 62. Minnesota
Statutes 2008, section 354A.27, is amended by adding a subdivision to read:
Subd. 7.
Calculation of postretirement
adjustments. (a) This
subdivision applies if subdivision 6 has expired.
(b) A percentage adjustment must be computed and paid
under this subdivision to eligible persons under subdivision 5. This adjustment is determined by reference to
the Consumer Price Index for urban wage earners and clerical workers all items
index as reported by the Bureau of Labor Statistics within the United States
Department of Labor each year as part of the determination of annual
cost-of-living adjustments to recipients of federal old-age, survivors, and
disability insurance. For calculations
of cost-of-living adjustments under paragraph (c), the term "average third
quarter Consumer Price Index value" means the sum of the monthly index
values as initially reported by the Bureau of Labor Statistics for the months
of July, August, and September, divided by 3.
(c) Before January 1 of each year, the executive
director must calculate the amount of the cost-of-living adjustment by dividing
the most recent average third quarter index value by the same average third
quarter index value from the previous year, subtract one from the resulting
quotient, and express the result as a percentage amount, which must be rounded
to the nearest one-tenth of one percent.
(d) The amount calculated under paragraph (c) is the
full cost-of-living adjustment to be applied as a permanent increase to the
regular payment of each eligible member on January 1 of the next calendar year. For any eligible member whose effective date
of benefit commencement occurred during the calendar year before the
cost-of-living adjustment is applied, the full increase amount must be prorated
on the basis of whole calendar quarters in benefit payment status in the
calendar year prior to the January 1 on which the cost-of-living adjustment is
applied, calculated to the third decimal place.
(e) The adjustment must not be less than zero nor
greater than five percent.
(f) If the funding ratio of the plan as determined in
the most recent actuarial valuation using the actuarial value of assets is less
than 80 percent there will be no postretirement adjustment the following
January 1.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 63. Minnesota
Statutes 2008, section 354A.31, subdivision 1, is amended to read:
Subdivision 1. Age and service requirements. Any coordinated member or former
coordinated member of the St. Paul Teachers Retirement Fund Association
who has ceased to render teaching service for the school district in which the
teachers retirement fund association exists and who has either attained the age
of at least 55 years with not less than three years of allowable service credit
or received credit for not less than 30 years of allowable service regardless
of age, shall be entitled upon written application to a retirement annuity. Any coordinated member or former
coordinated member of the Duluth Teachers Retirement Fund Association who has
ceased to render teaching service for the school district in which the teacher
retirement fund association exists and who has either attained the age of at
least 55 years with not less than three years of allowable service credit if
the member became an employee before July 1, 2010, or not less than five years
of allowable service credit if the member became an employee after June 30,
2010, or received service credit for not less than 30 years of allowable
service regardless of age, shall be entitled upon written application to a
retirement annuity.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 64. Minnesota
Statutes 2008, section 354A.35, subdivision 1, is amended to read:
Subdivision 1. Death before retirement; refund. If a coordinated member or former
coordinated member dies prior to retirement or prior to the receipt of any
retirement annuity or other benefit payment which is or may be payable and a surviving
spouse optional annuity is not payable pursuant to subdivision 2, a refund
shall be paid to the person's surviving spouse, or if there is none, to the
person's designated beneficiary, or if there is none, to the legal
representative of the person's estate. For
a coordinated member or former coordinated member of the St. Paul Teachers
Retirement Fund Association, the refund shall be in an amount equal to the
person's accumulated employee contributions plus interest at the rate of
six percent per annum compounded annually.
For a coordinated member or former coordinated member of the Duluth
Teachers Retirement Fund Association, the refund shall be in an amount equal to
the person's accumulated employee contributions plus interest at the rate of
six percent per annum compounded annually to July 1, 2010, and four percent per
annum compounded annually thereafter.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 65. Minnesota
Statutes 2008, section 354A.37, subdivision 2, is amended to read:
Subd. 2. Eligibility for deferred retirement annuity. (a) Any coordinated member who ceases to
render teaching services for the school district in which the teachers
retirement fund association is located, with sufficient allowable service
credit to meet the minimum service requirements specified in section 354A.31,
subdivision 1, shall be entitled to a deferred retirement annuity in lieu of a
refund pursuant to subdivision 1. The
deferred retirement annuity shall be computed pursuant to section 354A.31 and
shall be augmented as provided in this subdivision. The deferred annuity shall commence upon
application after the person on deferred status attains at least the minimum
age specified in section 354A.31, subdivision 1.
(b) The monthly annuity amount that had accrued when
the member ceased to render teaching service must be augmented from the first
day of the month following the month during which the member ceased to render
teaching service to the effective date of retirement. There is no augmentation if this period is
less than three months. For a member
of the St. Paul Teachers Retirement Fund Association, the rate of
augmentation is three percent compounded annually until January 1 of the year
following the year in which the former member attains age 55, and five percent
compounded annually after that date to the effective date of retirement if the
employee became an employee before July 1, 2006, and at 2.5 percent compounded
annually if the employee becomes an employee after June 30, 2006. For a member of the Duluth Teachers
Retirement Fund Association, the rate of augmentation is three percent
compounded annually until January 1 of the year following the year in which the
former member attains age 55, five percent compounded annually after that date
to July 1, 2012, and two percent compounded annually after
that date to the effective date of retirement if the
employee became an employee before July 1, 2006, and at 2.5 percent compounded
annually to July 1, 2012, and two percent compounded annually after that date
to the effective date of retirement if the employee becomes an employee after
June 30, 2006. If a person has more
than one period of uninterrupted service, a separate average salary determined
under section 354A.31 must be used for each period, and the monthly annuity
amount related to each period must be augmented as provided in this subdivision. The sum of the augmented monthly annuity
amounts determines the total deferred annuity payable. If a person repays a refund, the service
restored by the repayment must be considered as continuous with the next period
of service for which the person has credit with the fund. If a person does not render teaching services
in any one fiscal year or more consecutive fiscal years and then resumes
teaching service, the formula percentages used from the date of resumption of
teaching service are those applicable to new members. The mortality table and interest assumption
used to compute the annuity are the table established by the fund to compute
other annuities, and the interest assumption under section 356.215 in effect
when the member retires. A period of
uninterrupted service for the purpose of this subdivision means a period of
covered teaching service during which the member has not been separated from
active service for more than one fiscal year.
(c) The augmentation provided by this subdivision
applies to the benefit provided in section 354A.35, subdivision 2. The augmentation provided by this subdivision
does not apply to any period in which a person is on an approved leave of
absence from an employer unit.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 66. Minnesota
Statutes 2008, section 354A.37, subdivision 3, is amended to read:
Subd. 3. Computation of refund amount. A former coordinated member of the St. Paul
Teachers Retirement Fund Association who qualifies for a refund pursuant
to under subdivision 1 shall receive a refund equal to the amount of
the former coordinated member's accumulated employee contributions with
interest at the rate of six percent per annum compounded annually. A former coordinated member of the Duluth
Teachers Retirement Fund Association who qualifies for a refund under
subdivision 1 shall receive a refund equal to the amount of the former
coordinated member's accumulated employee contributions with interest at the
rate of six percent per annum compounded annually to July 1, 2010, and four
percent per annum compounded annually thereafter.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 67. Minnesota
Statutes 2008, section 354A.37, subdivision 4, is amended to read:
Subd. 4. Certain refunds at normal retirement age. Any coordinated member who has attained
the normal retirement age with less than ten years of allowable service credit
and has terminated active teaching service shall be entitled to a refund in
lieu of a proportionate annuity pursuant to section 356.32. The refund for a member of the St. Paul
Teachers Retirement Fund Association shall be equal to the coordinated
member's accumulated employee contributions plus interest at the rate of six
percent compounded annually. The
refund for a member of the Duluth Teachers Retirement Fund Association shall be
equal to the coordinated member's accumulated employee contributions plus
interest at the rate of six percent compounded annually to July 1, 2010, and
four percent per annum compounded annually thereafter.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 68. Minnesota
Statutes 2008, section 356.215, subdivision 8, is amended to read:
Subd. 8. Interest and salary assumptions. (a) The actuarial valuation must use the
applicable following preretirement interest assumption and the applicable
following postretirement interest assumption:
preretirement postretirement
interest
rate interest
rate
plan assumption assumption
general state employees retirement plan 8.5% 6.0%
correctional state employees retirement plan 8.5 6.0
State Patrol retirement plan 8.5 6.0
legislators retirement plan 8.5 6.0
elective state officers retirement plan 8.5 6.0
judges retirement plan 8.5 6.0
general public employees retirement plan 8.5 6.0
public employees police and fire retirement plan 8.5 6.0
local government correctional service retirement plan 8.5 6.0
teachers retirement plan 8.5 6.0
Minneapolis employees retirement plan 6.0 5.0
Duluth teachers retirement plan 8.5 8.5
St. Paul teachers retirement plan 8.5 8.5
Minneapolis Police Relief Association 6.0 6.0
Fairmont Police Relief Association 5.0 5.0
Minneapolis Fire Department Relief Association 6.0 6.0
Virginia Fire Department Relief Association 5.0 5.0
Bloomington Fire Department Relief Association 6.0 6.0
local monthly benefit volunteer firefighters relief
associations 5.0 5.0
(b) Before July 1, 2010, the actuarial valuation must
use the applicable following single rate future salary increase assumption, the
applicable following modified single rate future salary increase assumption, or
the applicable following graded rate future salary increase assumption:
(1)
single rate future salary increase assumption
future
salary
plan increase
assumption
legislators retirement plan 5.0%
judges retirement plan 4.0
Minneapolis Police Relief Association 4.0
Fairmont Police Relief Association 3.5
Minneapolis Fire Department Relief Association 4.0
Virginia Fire Department Relief Association 3.5
Bloomington Fire Department Relief Association 4.0
(2)
modified single rate future salary increase assumption
future
salary
plan increase
assumption
Minneapolis employees retirement plan the
prior calendar year amount increased
first
by 1.0198 percent to prior fiscal year
date
and then increased by 4.0 percent
annually
for each future year
(3) age-related select and ultimate future
salary increase assumption or graded rate future salary increase assumption
future
salary
plan increase
assumption
general state employees retirement plan select
calculation and assumption A
correctional state employees retirement plan assumption
H G
State Patrol retirement plan assumption
G F
general public employees retirement plan select
calculation and assumption B
public employees police and fire fund retirement plan assumption
C B
local government correctional service retirement plan assumption
G F
teachers retirement plan assumption
D C
Duluth teachers retirement plan assumption
E D
St. Paul teachers retirement plan assumption
F E
The select calculation is: during the designated select period, a
designated percentage rate is multiplied by the result of the designated integer
minus T, where T is the number of completed years of service, and is added to
the applicable future salary increase assumption. The designated select period is five years
and the designated integer is five for the general state employees retirement
plan and the general public employees retirement plan. The designated select period is ten years and
the designated integer is ten for all other retirement plans covered by this
clause. The designated percentage rate
is: (1) 0.2 percent for the correctional
state employees retirement plan, the State Patrol retirement plan, the public
employees police and fire plan, and the local government correctional service
plan; (2) 0.6 percent for the general state employees retirement plan and
the general public employees retirement plan; and (3) 0.3 percent for the
teachers retirement plan, the Duluth Teachers Retirement Fund Association, and
the St. Paul Teachers Retirement Fund Association. The select calculation for the Duluth
Teachers Retirement Fund Association is 8.00 percent per year for service years
one through seven, 7.25 percent per year for service years seven and eight, and
6.50 percent per year for service years eight and nine.
The ultimate future salary increase assumption is:
age A B C B D C E D F E G F H G
16 5.95% 5.95% 11.00% 7.70% 8.00% 6.90% 7.7500% 7.2500%
17 5.90 5.90 11.00 7.65 8.00 6.90 7.7500 7.2500
18 5.85 5.85 11.00 7.60 8.00 6.90 7.7500 7.2500
19 5.80 5.80 11.00 7.55 8.00 6.90 7.7500 7.2500
20 5.75 5.40 11.00 5.50 6.90 6.90 7.7500 7.2500
21 5.75 5.40 11.00 5.50 6.90 6.90 7.1454 6.6454
22 5.75 5.40 10.50 5.50 6.90 6.90 7.0725 6.5725
23 5.75 5.40 10.00 5.50 6.85 6.85 7.0544 6.5544
24 5.75 5.40 9.50 5.50 6.80 6.80 7.0363 6.5363
25 5.75 5.40 9.00 5.50 6.75 6.75 7.0000 6.5000
26 5.75 5.36 8.70 5.50 6.70 6.70 7.0000 6.5000
27 5.75 5.32 8.40 5.50 6.65 6.65 7.0000 6.5000
28 5.75 5.28 8.10 5.50 6.60 6.60 7.0000 6.5000
29 5.75 5.24 7.80 5.50 6.55 6.55 7.0000 6.5000
30 5.75 5.20 7.50 5.50 6.50 6.50 7.0000 6.5000
31 5.75 5.16 7.30 5.50 6.45 6.45 7.0000 6.5000
32 5.75 5.12 7.10 5.50 6.40 6.40 7.0000 6.5000
33 5.75 5.08 6.90 5.50 6.35 6.35 7.0000 6.5000
34 5.75 5.04 6.70 5.50 6.30 6.30 7.0000 6.5000
35 5.75 5.00 6.50 5.50 6.25 6.25 7.0000 6.5000
36 5.75 4.96 6.30 5.50 6.20 6.20 6.9019 6.4019
37 5.75 4.92 6.10 5.50 6.15 6.15 6.8074 6.3074
38 5.75 4.88 5.90 5.40 6.10 6.10 6.7125 6.2125
39 5.75 4.84 5.70 5.30 6.05 6.05 6.6054 6.1054
40 5.75 4.80 5.50 5.20 6.00 6.00 6.5000 6.0000
41 5.75 4.76 5.40 5.10 5.90 5.95 6.3540 5.8540
42 5.75 4.72 5.30 5.00 5.80 5.90 6.2087 5.7087
43 5.65 4.68 5.20 4.90 5.70 5.85 6.0622 5.5622
44 5.55 4.64 5.10 4.80 5.60 5.80 5.9048 5.4078
45 5.45 4.60 5.00 4.70 5.50 5.75 5.7500 5.2500
46 5.35 4.56 4.95 4.60 5.40 5.70 5.6940 5.1940
47 5.25 4.52 4.90 4.50 5.30 5.65 5.6375 5.1375
48 5.15 4.48 4.85 4.50 5.20 5.60 5.5822 5.0822
49 5.05 4.44 4.80 4.50 5.10 5.55 5.5404 5.0404
50 4.95 4.40 4.75 4.50 5.00 5.50 5.5000 5.0000
51 4.85 4.36 4.75 4.50 4.90 5.45 5.4384 4.9384
52 4.75 4.32 4.75 4.50 4.80 5.40 5.3776 4.8776
53 4.65 4.28 4.75 4.50 4.70 5.35 5.3167 4.8167
54 4.55 4.24 4.75 4.50 4.60 5.30 5.2826 4.7826
55 4.45 4.20 4.75 4.50 4.50 5.25 5.2500 4.7500
56 4.35 4.16 4.75 4.50 4.40 5.20 5.2500 4.7500
57 4.25 4.12 4.75 4.50 4.30 5.15 5.2500 4.7500
58 4.25 4.08 4.75 4.60 4.20 5.10 5.2500 4.7500
59 4.25 4.04 4.75 4.70 4.10 5.05 5.2500 4.7500
60 4.25 4.00 4.75 4.80 4.00 5.00 5.2500 4.7500
61 4.25 4.00 4.75 4.90 3.90 5.00 5.2500 4.7500
62 4.25 4.00 4.75 5.00 3.80 5.00 5.2500 4.7500
63 4.25 4.00 4.75 5.10 3.70 5.00 5.2500 4.7500
64 4.25 4.00 4.75 5.20 3.60 5.00 5.2500 4.7500
65 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
66 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
67 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
68 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
69 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
70 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
71 4.25 4.00 5.20
(4) service-related ultimate future
salary increase assumption
general
employees retirement plan of the
service
length Public
Employees Retirement Association
1 12.03%
2 8.90
3 7.46
4 6.58
5 5.97
6 5.52
7 5.16
8 4.87
9 4.63
10 4.42
11 4.24
12 4.08
13 3.94
14 3.82
15 3.70
16 3.60
17 3.51
18 3.50
19 3.50
20 3.50
21 3.50
22 3.50
23 3.50
24 3.50
25 3.50
26 3.50
27 3.50
28 3.50
29 3.50
30
or more 3.50
(c) Before July 2, 2010, the actuarial valuation must
use the applicable following payroll growth assumption for calculating the
amortization requirement for the unfunded actuarial accrued liability where the
amortization retirement is calculated as a level percentage of an increasing
payroll:
payroll
growth
plan assumption
general state employees retirement plan 4.50%
correctional state employees retirement plan 4.50
State Patrol retirement plan 4.50
legislators retirement plan 4.50
judges retirement plan 4.00
general public employees retirement plan of the
Public Employees
Retirement Association 4.50
4.00
public employees police and fire retirement plan 4.50
local government correctional service retirement plan 4.50
teachers retirement plan 4.50
Duluth teachers retirement plan 4.50
St. Paul teachers retirement plan 5.00
(d) After July 1, 2010, the assumptions set forth in
paragraphs (b) and (c) continue to apply, unless a different salary assumption
or a different payroll increase assumption:
(1) has been proposed by the governing board of the
applicable retirement plan;
(2) is accompanied by the concurring recommendation of
the actuary retained under section 356.214, subdivision 1, if applicable, or by
the approved actuary preparing the most recent actuarial valuation report if
section 356.214 does not apply; and
(3) has been approved or deemed approved under
subdivision 18.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 69. Minnesota
Statutes 2009 Supplement, section 356.215, subdivision 11, is amended to read:
Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
the level normal cost, the actuarial valuation of the retirement plan must
contain an exhibit for financial reporting purposes indicating the additional
annual contribution sufficient to amortize the unfunded actuarial accrued
liability and must contain an exhibit for contribution determination purposes
indicating the additional contribution sufficient to amortize the unfunded
actuarial accrued liability. For the
retirement plans listed in subdivision 8, paragraph (c), the additional
contribution must be calculated on a level percentage of covered payroll basis
by the established date for full funding in effect when the valuation is
prepared, assuming annual payroll growth at the applicable percentage rate set
forth in subdivision 8, paragraph (c). For
all other retirement plans, the additional annual contribution must be
calculated on a level annual dollar amount basis.
(b) For any retirement plan other than the Minneapolis
Employees Retirement Fund, the general employees retirement plan of the Public
Employees Retirement Association, the general state employees retirement
plan of the Minnesota State Retirement System, and the St. Paul
Teachers Retirement Fund Association, if there has not been a change in the
actuarial assumptions used for calculating the actuarial accrued liability of
the fund, a change in the benefit plan governing annuities and benefits payable
from the fund, a change in the actuarial cost method used in calculating the
actuarial accrued liability of all or a portion of the fund, or a combination
of the three, which change or changes by itself or by themselves without
inclusion of any other items of increase or decrease produce a net increase in
the unfunded actuarial accrued liability of the fund, the established date for
full funding is the first actuarial valuation date occurring after June 1,
2020.
(c) For any retirement plan other than the Minneapolis
Employees Retirement Fund and the general employees retirement plan of the
Public Employees Retirement Association, if there has been a change in any or
all of the actuarial assumptions used for calculating the actuarial accrued
liability of the fund, a change in the benefit plan governing annuities and
benefits payable from the fund, a change in the actuarial cost method used in
calculating the actuarial accrued liability of all or a portion of the fund, or
a combination of the three, and the change or changes, by itself or by
themselves and without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued liability in the fund,
the established date for full funding must be determined using the following
procedure:
(i) the unfunded actuarial accrued liability of the
fund must be determined in accordance with the plan provisions governing
annuities and retirement benefits and the actuarial assumptions in effect
before an applicable change;
(ii) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the unfunded actuarial
accrued liability amount determined under item (i) by the established date for
full funding in effect before the change must be calculated using the interest
assumption specified in subdivision 8 in effect before the change;
(iii) the unfunded actuarial accrued liability of the
fund must be determined in accordance with any new plan provisions governing
annuities and benefits payable from the fund and any new actuarial assumptions
and the remaining plan provisions governing annuities and benefits payable from
the fund and actuarial assumptions in effect before the change;
(iv) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the difference between
the unfunded actuarial accrued liability amount calculated under item (i) and
the unfunded actuarial accrued liability amount calculated under item (iii)
over a period of 30 years from the end of the plan year in which the applicable
change is effective must be calculated using the applicable interest assumption
specified in subdivision 8 in effect after any applicable change;
(v) the level annual dollar or level percentage
amortization contribution under item (iv) must be added to the level annual
dollar amortization contribution or level percentage calculated under item
(ii);
(vi) the period in which the unfunded actuarial
accrued liability amount determined in item (iii) is amortized by the total
level annual dollar or level percentage amortization contribution computed
under item (v) must be calculated using the interest assumption specified in
subdivision 8 in effect after any applicable change, rounded to the nearest
integral number of years, but not to exceed 30 years from the end of the plan
year in which the determination of the established date for full funding using
the procedure set forth in this clause is made and not to be less than the
period of years beginning in the plan year in which the determination of the
established date for full funding using the procedure set forth in this clause
is made and ending by the date for full funding in effect before the change;
and
(vii) the period determined under item (vi) must be added
to the date as of which the actuarial valuation was prepared and the date
obtained is the new established date for full funding.
(d) For the Minneapolis Employees Retirement Fund, the
established date for full funding is June 30, 2020.
(e) For the general employees retirement plan of the
Public Employees Retirement Association, the established date for full funding
is June 30, 2031.
(f) For the Teachers Retirement Association, the
established date for full funding is June 30, 2037.
(g) For the correctional state employees retirement
plan of the Minnesota State Retirement System, the established date for full
funding is June 30, 2038.
(h) For the judges retirement plan, the established
date for full funding is June 30, 2038.
(i) For the public employees
police and fire retirement plan, the established date for full funding is June
30, 2038.
(j) For the St. Paul Teachers Retirement Fund
Association, the established date for full funding is June 30 of the 25th year
from the valuation date. In addition to
other requirements of this chapter, the annual actuarial valuation shall
contain an exhibit indicating the funded ratio and the deficiency or
sufficiency in annual contributions when comparing liabilities to the market
value of the assets of the fund as of the close of the most recent fiscal year.
(k) For the general state employees retirement plan
of the Minnesota State Retirement System, the established date for full funding
is June 30, 2040.
(l) For the retirement plans for which
the annual actuarial valuation indicates an excess of valuation assets over the
actuarial accrued liability, the valuation assets in excess of the actuarial
accrued liability must be recognized as a reduction in the current contribution
requirements by an amount equal to the amortization of the excess expressed as
a level percentage of pay over a 30-year period beginning anew with each annual
actuarial valuation of the plan.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 70. Minnesota
Statutes 2008, section 356.30, subdivision 1, is amended to read:
Subdivision 1. Eligibility; computation of annuity. (a) Notwithstanding any provisions of the
laws governing the retirement plans enumerated in subdivision 3, a person who
has met the qualifications of paragraph (b) may elect to receive a retirement
annuity from each enumerated retirement plan in which the person has at least
one-half year of allowable service, based on the allowable service in each
plan, subject to the provisions of paragraph (c).
(b) A person may receive, upon retirement, a
retirement annuity from each enumerated retirement plan in which the person has
at least one-half year of allowable service, and augmentation of a deferred
annuity calculated at the appropriate rate under the laws governing each public
pension plan or fund named in subdivision 3, based on the date of the person's
initial entry into public employment from the date the person terminated all
public service if:
(1) the person has allowable service totaling an
amount that allows the person to receive an annuity in any two or more of
the enumerated plans;
(2) the person has sufficient allowable service in
total that equals or exceeds the applicable service credit vesting requirement
of the retirement plan with the longest applicable service credit vesting
requirement; and
(2) (3) the person has not
begun to receive an annuity from any enumerated plan or the person has made
application for benefits from each applicable plan and the effective dates of
the retirement annuity with each plan under which the person chooses to receive
an annuity are within a one-year period.
(c) The retirement annuity from each plan must be
based upon the allowable service, accrual rates, and average salary in the
applicable plan except as further specified or modified in the following
clauses:
(1) the laws governing annuities must be the law in
effect on the date of termination from the last period of public service under
a covered retirement plan with which the person earned a minimum of one-half
year of allowable service credit during that employment;
(2) the "average salary" on which the
annuity from each covered plan in which the employee has credit in a formula
plan must be based on the employee's highest five successive years of covered
salary during the entire service in covered plans;
(3) the accrual rates to be used by each plan must be
those percentages prescribed by each plan's formula as continued for the
respective years of allowable service from one plan to the next, recognizing
all previous allowable service with the other covered plans;
(4) the allowable service in all the plans must be
combined in determining eligibility for and the application of each plan's provisions in respect to reduction in
the annuity amount for retirement prior to normal retirement age; and
(5) the annuity amount payable for any allowable
service under a nonformula plan of a covered plan must not be affected, but
such service and covered salary must be used in the above calculation.
(d) This section does not apply to any person whose
final termination from the last public service under a covered plan was before
May 1, 1975.
(e) For the purpose of computing annuities under this
section, the accrual rates used by any covered plan, except the public
employees police and fire plan, the judges retirement fund, and the State
Patrol retirement plan, must not exceed the percent specified in section
356.315, subdivision 4, per year of service for any year of service or fraction
thereof. The formula percentage used by
the judges retirement fund must not exceed the percentage rate specified in
section 356.315, subdivision 8, per year of service for any year of service or
fraction thereof. The accrual rate used
by the public employees police and fire plan and the State Patrol retirement
plan must not exceed the percentage rate specified in section 356.315,
subdivision 6, per year of service for any year of service or fraction thereof. The accrual rate or rates used by the
legislators retirement plan must not exceed 2.5 percent, but this limit does
not apply to the adjustment provided under section 3A.02, subdivision 1,
paragraph (c).
(f) Any period of time for which a person has credit
in more than one of the covered plans must be used only once for the purpose of
determining total allowable service.
(g) If the period of duplicated service credit is more
than one-half year, or the person has credit for more than one-half year, with
each of the plans, each plan must apply its formula to a prorated service
credit for the period of duplicated service based on a fraction of the salary
on which deductions were paid to that fund for the period divided by the total
salary on which deductions were paid to all plans for the period.
(h) If the period of duplicated service credit is less
than one-half year, or when added to other service credit with that plan is
less than one-half year, the service credit must be ignored and a refund of
contributions made to the person in accord with that plan's refund provisions.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 71. Minnesota
Statutes 2008, section 356.302, subdivision 3, is amended to read:
Subd. 3. General employee plan eligibility
requirements. A disabled member of a
covered retirement plan who has credit for allowable service in a combination
of general employee retirement plans is entitled to a combined service
disability benefit if the member:
(1) is less than the normal retirement age on the date
of the application for the disability benefit;
(2) has become totally and permanently disabled;
(3) has credit for allowable service in any
combination of general employee retirement plans totaling at least three
years the number of years required by the applicable retirement plan
with the longest service credit requirement for disability benefit receipt;
(4) has credit for at least one-half year of allowable
service with the current general employee retirement plan before the
commencement of the disability;
(5) has at least three continuous years of allowable service
credit by the general employee retirement plan or has at least a total of three
years of allowable service credit by a combination of general employee
retirement plans in a 72-month period during which no interruption of allowable
service credit from a termination of employment exceeded 29 days; and
(6) was not receiving a retirement annuity or
disability benefit from any covered general employee retirement plan at the
time of the commencement of the disability.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 72. Minnesota
Statutes 2008, section 356.302, subdivision 4, is amended to read:
Subd. 4. Public safety plan eligibility requirements. A disabled member of a covered retirement
plan who has credit for allowable service in a combination of public safety
employee retirement plans is entitled to a combined service disability benefit
if the member:
(1) has become occupationally disabled;
(2) has credit for allowable service in any
combination of public safety employee retirement plans totaling at least one
year the minimum period of service credit required by the applicable
retirement plan with the longest service credit eligibility requirement for the
receipt of a duty-related disability benefit if the disability is
duty-related or totaling at least three years the minimum period of
service credit required by the applicable retirement plan with the longest
service credit eligibility requirement for a disability benefit that is not
duty-related if the disability is not duty-related;
(3) has credit for at least one-half year of allowable
service with the current public safety employee retirement plan before the
commencement of the disability; and
(4) was not receiving a retirement annuity or
disability benefit from any covered public safety employee retirement plan at
the time of the commencement of the disability.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 73. Minnesota
Statutes 2008, section 356.302, subdivision 5, is amended to read:
Subd. 5. General and public safety plan eligibility
requirements. A disabled member of a
covered retirement plan who has credit for allowable service in a combination
of both a public safety employee retirement plan and general employee
retirement plan must meet the qualifying requirements in subdivisions 3 and 4
to receive a combined service disability benefit from the applicable general
employee and public safety employee retirement plans, except that the person
need only be a member of a covered retirement plan at the time of the
commencement of the disability, that the person must have allowable service
credit for the applicable retirement plan with the longest service credit
eligibility requirement for the receipt of a disability benefit, and that
the minimum allowable service requirements of subdivisions 3, clauses (3) and
(5), and 4, clauses (3) and (4), may be met in any combination of covered
retirement plans.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 74. Minnesota
Statutes 2008, section 356.303, subdivision 2, is amended to read:
Subd. 2. Entitlement; eligibility. Notwithstanding any provision of law to
the contrary governing a covered retirement plan, a person who is the survivor
of a deceased member of a covered retirement plan may receive a combined
service survivor benefit from each covered retirement plan in which the
deceased member had credit for at least one-half year of allowable service if
the deceased member:
(1) had credit for sufficient allowable service in any
combination of covered retirement plans to meet any the minimum
allowable service credit requirement of the applicable covered
retirement fund with the longest allowable service credit requirement for
qualification for a survivor benefit or annuity;
(2) had credit for at least one-half year of allowable
service with the most recent covered retirement plan before the date of death
and was an active member of that covered retirement plan on the date of death;
and
(3) was not receiving a retirement annuity from any
covered retirement plan on the date of death.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 75. Minnesota
Statutes 2008, section 356.315, subdivision 5, is amended to read:
Subd. 5. Correctional plan members. The applicable benefit accrual rate is
2.4 percent if employed as a correctional state employee before July 1,
2010, or 2.2 percent if employed as a correctional state employee after June
30, 2010.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 76. Minnesota
Statutes 2009 Supplement, section 356.415, subdivision 1, is amended to read:
Subdivision 1. Annual postretirement adjustments;
generally. (a) Except as otherwise
provided in subdivision 1a, 1b, 1c, 1d, or 1e, retirement annuity,
disability benefit, or survivor benefit recipients of a covered retirement plan
are entitled to a postretirement adjustment annually on January 1, as follows:
(1) a postretirement increase of 2.5 percent must be
applied each year, effective January 1, to the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a
benefit for at least 12 full months prior to the January 1 increase; and
(2) for each annuitant or benefit recipient who has
been receiving an annuity or a benefit amount for at least one full
month, an annual postretirement increase of 1/12 of 2.5 percent for each month that
the person has been receiving an annuity or benefit must be applied,
effective on January 1 following the calendar year in which the
person has been retired for less than 12 months.
(b) The increases provided by this section subdivision
commence on January 1, 2010.
(c) An increase in annuity or benefit payments under
this section must be made automatically unless written notice is filed by the
annuitant or benefit recipient with the executive director of the covered
retirement plan requesting that the increase not be made.
(d) The retirement annuity payable to a person who
retires before becoming eligible for Social Security benefits and who has
elected the optional payment as provided in section 353.29, subdivision 6, or
354.35 must be treated as the sum of a period certain retirement annuity
and a life retirement annuity for the purposes of any postretirement adjustment. The period certain retirement annuity plus
the life retirement annuity must be the annuity amount payable until age 62 for
section 353.29, subdivision 6, or age 62, 65, or normal retirement age, as
selected by the member at retirement, for an annuity amount payable under
section 354.35. A postretirement
adjustment granted on the period certain retirement annuity must terminate when
the period certain retirement annuity terminates.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 77. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 1a.
Annual postretirement
adjustments; Minnesota State Retirement System plans other than State Patrol
retirement plan. (a)
Retirement annuity, disability benefit, or survivor benefit recipients of the
legislators retirement plan, the general state employees retirement plan, the
correctional state employees retirement plan, the elected state officers
retirement plan, the unclassified state employees retirement program, and the
judges retirement plan are entitled to a postretirement adjustment annually on
January 1, as follows:
(1) a postretirement increase of two percent must be
applied each year, effective on January 1, to the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a
benefit for at least 18 full months before the January 1 increase; and
(2) for each annuitant or benefit recipient who has
been receiving an annuity or a benefit for at least six full months, an annual
postretirement increase of 1/12 of two percent for each month that the person
has been receiving an annuity or benefit must be applied, effective January 1,
following the calendar year in which the person has been retired for at least
six months, but has been retired for less than 18 months.
(b) The increases provided by this subdivision commence
on January 1, 2011. Increases under this
subdivision for the general state employees retirement plan, the correctional
state employees retirement plan, or the judges retirement plan terminate on
December 31 of the calendar year in which the actuarial valuation prepared by
the approved actuary under sections 356.214 and 356.215 and the standards for
actuarial work promulgated by the Legislative Commission on Pensions and
Retirement indicates that the market value of assets of the retirement plan
equals or exceeds 90 percent of the actuarial accrued liability of the
retirement plan and increases under subdivision 1 recommence after that date. Increases under this subdivision for the
legislators retirement plan or the elected state officers retirement plan
terminate on December 31 of the calendar year in which the actuarial valuation
prepared by the approved actuary under sections 356.214 and 356.215 and the
standards for actuarial work promulgated by the Legislative Commission on
Pensions and Retirement indicates that the market value of assets of the general
state employees retirement plan equals or exceeds 90 percent of the actuarial
accrued liability of the retirement plan and increases under subdivision 1
recommence after that date.
(c) An increase in annuity or benefit payments under
this subdivision must be made automatically unless written notice is filed by
the annuitant or benefit recipient with the executive director of the
applicable covered retirement plan requesting that the increase not be made.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 78. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 1b.
Annual postretirement
adjustments; PERA; general employees retirement plan and local government
correctional retirement plan. (a)
Retirement annuity, disability benefit, or survivor benefit recipients of the
general employees retirement plan of the Public Employees Retirement
Association and the local government correctional service retirement plan are
entitled to a postretirement adjustment annually on January 1, as follows:
(1) for January 1, 2011, and each successive January 1
until funding stability is restored for the applicable retirement plan, a
postretirement increase of one percent must be applied each year, effective on
January 1, to the monthly annuity or benefit amount of each annuitant or
benefit recipient who has been receiving an annuity or benefit for at least 12
full months as of the current June 30;
(2) for January 1, 2011, and each successive January 1
until funding stability is restored for the applicable retirement plan, for
each annuitant or benefit recipient who has been receiving an annuity or a
benefit for at least one full month, but less than 12 full months as of the
current June 30, an annual postretirement increase of 1/12 of one percent for
each month the person has been receiving an annuity or benefit must be applied;
(3) for each January 1 following the restoration of
funding stability for the applicable retirement plan, a postretirement increase
of 2.5 percent must be applied each year, effective January 1, to the monthly
annuity or benefit amount of each annuitant or benefit recipient who has been
receiving an annuity or benefit for at least 12 full months as of the current June
30; and
(4) for each January 1 following restoration of
funding stability for the applicable retirement plan, for each annuity or
benefit recipient who has been receiving an annuity or a benefit for at least
one full month, but less than 12 full months as of the current June 30, an
annual postretirement increase of 1/12 of 2.5 percent for each month the person
has been receiving an annuity or benefit must be applied.
(b) Funding stability is restored when the market
value of assets of the applicable retirement plan equals or exceeds 90 percent
of the actuarial accrued liabilities of the applicable plan in the most recent
prior actuarial valuation prepared under section 356.215 and the standards for
actuarial work by the approved actuary retained by the Public Employees
Retirement Association under section 356.214.
(c) If, after applying the increase as provided for in
paragraph (a), clauses (3) and (4), the market value of the applicable
retirement plan is determined in the next subsequent actuarial valuation
prepared under section 356.215 to be less than 90 percent of the actuarial
accrued liability of any of the applicable Public Employees Retirement
Association plans, the increase provided in paragraph (a), clauses (1) and (2),
are to be applied as of the next successive January until funding stability is
again restored.
(d) An increase in annuity or benefit payments under
this section must be made automatically unless written notice is filed by the
annuitant or benefit recipient with the executive director of the Public
Employees Retirement Association requesting that the increase not be made.
(e) The retirement annuity payable to a person who
retires before becoming eligible for Social Security benefits and who has
elected the optional payment, as provided in section 353.29, subdivision 6,
must be treated as the sum of a period-certain retirement annuity and a life
retirement annuity for the purposes of any postretirement adjustment. The period-certain retirement annuity plus
the life retirement annuity must be the annuity amount payable until age 62 for
section 353.29, subdivision 6. A
postretirement adjustment granted on the period-certain retirement annuity must
terminate when the period-certain retirement annuity terminates.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 79. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 1c.
Annual postretirement
adjustments; PERA-P&F. (a)
Retirement annuity, disability benefit, or survivor benefit recipients of the
public employees police and fire retirement plan are entitled to a
postretirement adjustment annually on January 1, as follows:
(1) for January 1, 2011, and for January 1, 2012, for
each annuitant or benefit recipient who has been receiving the annuity or
benefit for at least 12 full months as of the immediate preceding June 30, an
amount equal to one percent in each year;
(2) for January 1, 2011, and for January 1, 2012, for
each annuitant or benefit recipient who has been receiving the annuity or
benefit for at least one full month as of the immediate preceding June 30, an
amount equal to 1/12 of one percent in each year;
(3) for January 1, 2013, and each successive January 1
that follows the loss of funding stability as defined under paragraph (b) until
funding stability as defined under paragraph (b) is again restored, for each
annuitant or benefit recipient who has been receiving the annuity or benefit
for at least 12 full months as of the immediate preceding
June 30, an amount equal to the percentage increase in
the Consumer Price Index for urban wage earners and clerical workers all items
index published by the Bureau of Labor Statistics of the United States
Department of Labor between the immediate preceding June 30 and the June 30
occurring 12 months previous, but not to exceed 1.5 percent;
(4) for January 1, 2013, and each successive January 1
that follows the loss of funding stability as defined under paragraph (b) until
funding stability as defined under paragraph (b) is again restored, for each
annuitant or benefit recipient who has been receiving the annuity or benefit
for at least one full month as of the immediate preceding June 30, an amount
equal to 1/12 of the percentage increase in the Consumer Price Index for urban
wage earners and clerical workers all items index published by the Bureau of
Labor Statistics of the United States Department of Labor between the immediate
preceding June 30 and the June 30 occurring 12 months previous for each full
month of annuity or benefit receipt, but not to exceed 1/12 of 1.5 percent for
each full month of annuity or benefit receipt;
(5) for each January 1 following the restoration of
funding stability as defined under paragraph (b) and during the continuation of
funding stability as defined under paragraph (b), for each annuitant or benefit
recipient who has been receiving the annuity or benefit for at least 12 full
months as of the immediate preceding June 30, an amount equal to the percentage
increase in the Consumer Price Index for urban wage earners and clerical
workers all items index published by the Bureau of Labor Statistics of the
United States Department of Labor between the immediate preceding June 30 and
the June 30 occurring 12 months previous, but not to exceed 2.5 percent; and
(6) for each January 1 following the restoration of
funding stability as defined under paragraph (b) and during the continuation of
funding stability as defined under paragraph (b), for each annuitant or benefit
recipient who has been receiving the annuity or benefit for at least one full
month as of the immediate preceding June 30, an amount equal to 1/12 of the
percentage increase in the Consumer Price Index for urban wage earners and
clerical workers all items index published by the Bureau of Labor Statistics of
the United States Department of Labor between the immediate preceding June 30
and the June 30 occurring 12 months previous for each full month of annuity or
benefit receipt, but not to exceed 1/12 of 2.5 percent for each full month of
annuity or benefit receipt.
(b) Funding stability is restored when the market value
of assets of the public employees police and fire retirement plan equals or
exceeds 90 percent of the actuarial accrued liabilities of the applicable plan
in the most recent prior actuarial valuation prepared under section 356.215 and
under the standards for actuarial work of the Legislative Commission on
Pensions and Retirement by the approved actuary retained by the Public
Employees Retirement Association under section 356.214.
(c) An increase in annuity or benefit payments under
this section must be made automatically unless written notice is filed by the
annuitant or benefit recipient with the executive director of the Public
Employees Retirement Association requesting that the increase not be made.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 80. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 1d.
Teachers Retirement
Association annual postretirement adjustments. (a) Retirement annuity, disability
benefit, or survivor benefit recipients of the Teachers Retirement Association
are entitled to a postretirement adjustment annually on January 1, as follows:
(1) for January 1, 2011, and January 1, 2012, no
postretirement increase is payable;
(2) for January 1, 2013, and each successive January 1
until funding stability is restored, a postretirement increase of two percent
must be applied each year, effective on January 1, to the monthly annuity or
benefit amount of each annuitant or benefit recipient who has been receiving an
annuity or a benefit for at least 18 full months prior to the January 1
increase;
(3) for January 1, 2013, and each successive January 1
until funding stability is restored, for each annuitant or benefit recipient
who has been receiving an annuity or a benefit for at least six full months, an
annual postretirement increase of 1/12 of two percent for each month the person
has been receiving an annuity or benefit must be applied, effective January 1,
following the year in which the person has been retired for less than 12
months;
(4) for each January 1 following the restoration of
funding stability, a postretirement increase of 2.5 percent must be applied
each year, effective January 1, to the monthly annuity or benefit amount of
each annuitant or benefit recipient who has
been receiving an annuity or a benefit for at least 18 full months prior to the
January 1 increase; and
(5) for each January 1 following the restoration of
funding stability, for each annuitant or benefit recipient who has been
receiving an annuity or a benefit for at least six full months, an annual
postretirement increase of 1/12 of 2.5 percent for each month the person has
been receiving an annuity or benefit must be applied, effective January 1,
following the year in which the person has been retired for less than 12
months.
(b) Funding stability is restored when the market
value of assets of the Teachers Retirement Association equals or exceeds 90
percent of the actuarial accrued liabilities of the Teachers Retirement
Association in the most recent prior actuarial valuation prepared under section
356.215 and the standards for actuarial work by the approved actuary retained
by the Teachers Retirement Association under section 356.214.
(c) An increase in annuity or benefit payments under
this section must be made automatically unless written notice is filed by the
annuitant or benefit recipient with the executive director of the Teachers
Retirement Association requesting that the increase not be made.
(d) The retirement annuity payable to a person who
retires before becoming eligible for Social Security benefits and who has
elected the optional payment as provided in section 354.35 must be treated as
the sum of a period-certain retirement annuity and a life retirement annuity
for the purposes of any postretirement adjustment. The period-certain retirement annuity plus
the life retirement annuity must be the annuity amount payable until age 62,
65, or normal retirement age, as selected by the member at retirement, for an
annuity amount payable under section 354.35.
A postretirement adjustment granted on the period-certain retirement
annuity must terminate when the period-certain retirement annuity terminates.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 81. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 1e.
Annual postretirement
adjustments; State Patrol retirement plan.
(a) Retirement annuity, disability benefit, or survivor benefit
recipients of the State Patrol retirement plan are entitled to a postretirement
adjustment annually on January 1, as follows:
(1) a postretirement increase of 1.5 percent must be
applied each year, effective on January 1, to the monthly annuity or benefit of
each annuitant or benefit recipient who has been receiving an annuity or a
benefit for at least 18 full months before the January 1 increase; and
(2) for each annuitant or benefit recipient who has
been receiving an annuity or a benefit for at least six full months, an annual
postretirement increase of 1/12 of 1.5 percent for each month that the person
has been receiving an annuity or benefit must be applied, effective January 1,
following the calendar year in which the person has been retired for at least
six months, but has been retired for less than 18 months.
(b) The increases provided by this subdivision
commence on January 1, 2011. Increases
under this subdivision for the State Patrol retirement plan terminate on
December 31 of the calendar year in which the actuarial valuation prepared by
the approved actuary under sections 356.214 and 356.215 and the standards for
actuarial work
promulgated by the Legislative Commission on Pensions
and Retirement indicates that the market value of assets of the retirement plan
equals or exceeds 90 percent of the actuarial accrued liability of the
retirement plan and increases under subdivision 1 recommence after that date.
(c) An increase in annuity or benefit payments under
this subdivision must be made automatically unless written notice is filed by
the annuitant or benefit recipient with the executive director of the
applicable covered retirement plan requesting that the increase not be made.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 82. Minnesota
Statutes 2009 Supplement, section 356.415, is amended by adding a subdivision
to read:
Subd. 3.
Actuarial valuation reports
until funding is stabilized. Notwithstanding
any provision of section 356.215, subdivision 8, to the contrary, until the
actuarial valuations, prepared annually by the approved actuary under sections
356.214 and 356.215 and the standards for actuarial work promulgated by the
Legislative Commission on Pensions and Retirement, indicate that the market
value of assets of the applicable covered plans equals or exceeds 90 percent of
the actuarial accrued liabilities, the actuarial valuation reports must utilize
a postretirement interest rate assumption that is equal to the difference
between the preretirement interest rate assumption provided in section 356.215,
subdivision 8, and the stated annual postretirement adjustment rate provided
under this section, as applicable to each covered plan.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 83. Minnesota
Statutes 2008, section 356.47, subdivision 3, is amended to read:
Subd. 3. Payment.
(a) Beginning one year after the reemployment withholding period
ends relating to the reemployment that gave rise to the limitation, and the
filing of a written application, the retired member is entitled to the payment,
in a lump sum, of the value of the person's amount under subdivision 2, plus annual
compound interest at. For
the general state employees retirement plan, the correctional state employees
retirement plan, the general employees retirement plan of the Public Employees
Retirement Association, the public employees police and fire retirement plan,
the local government correctional employees retirement plan, and the teachers
retirement plan, the annual interest rate is six percent from the date on which
the amount was deducted from the retirement annuity to the date of payment or
until January 1, 2011, whichever is earlier, and no interest after January 1,
2011. For the Duluth Teachers Retirement
Fund Association, the annual interest is six percent from the date on which the
amount was deducted from the retirement annuity to the date of payment or until
June 30, 2010, whichever is earlier, and no interest after June 30, 2010. For the St. Paul Teachers Retirement
Fund Association, the annual interest is the compound annual rate of
six percent from the date that the amount was deducted from the retirement
annuity to the date of payment.
(b) The written application must be on a form
prescribed by the chief administrative officer of the applicable retirement
plan.
(c) If the retired member dies before the payment
provided for in paragraph (a) is made, the amount is payable, upon written
application, to the deceased person's surviving spouse, or if none, to the
deceased person's designated beneficiary, or if none, to the deceased person's
estate.
(d) In lieu of the direct payment of the person's
amount under subdivision 2, on or after the payment date under paragraph (a),
if the federal Internal Revenue Code so permits, the retired member may elect
to have all or any portion of the payment amount under this section paid in the
form of a direct rollover to an eligible retirement plan as defined in section
402(c) of the federal Internal Revenue Code that is specified by the retired
member. If the
retired member dies with a balance remaining payable
under this section, the surviving spouse of the retired member, or if none, the
deceased person's designated beneficiary, or if none, the administrator of the
deceased person's estate may elect a direct rollover under this paragraph.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 84. Minnesota
Statutes 2009 Supplement, section 423A.02, subdivision 3, is amended to read:
Subd. 3. Reallocation of amortization or
supplementary amortization state aid. (a)
Seventy percent of the difference between $5,720,000 and the current year
amortization aid and supplemental amortization aid distributed under
subdivisions 1 and 1a that is not distributed for any reason to a municipality
for use by a local police or salaried fire relief association must be
distributed by the commissioner of revenue according to this paragraph. The commissioner shall distribute 50 percent
of the amounts derived under this paragraph to the Teachers Retirement
Association, ten percent to the Duluth Teachers Retirement Fund Association,
and 40 percent to the St. Paul Teachers Retirement Fund Association to
fund the unfunded actuarial accrued liabilities of the respective funds. These payments shall be made on or before
June 30 each fiscal year. If the St. Paul
Teachers Retirement Fund Association becomes fully funded, its eligibility for
this aid ceases. Amounts remaining in
the undistributed balance account at the end of the biennium if aid eligibility
ceases cancel to the general fund.
(b) In order to receive amortization and supplementary
amortization aid under paragraph (a), Independent School District No. 625,
St. Paul, must make contributions to the St. Paul Teachers Retirement
Fund Association in accordance with the following schedule:
Fiscal
Year Amount
1996 $0
1997 $0
1998 $200,000
1999 $400,000
2000 $600,000
2001
and thereafter $800,000
(c) Special School District No. 1,
Minneapolis, and the city of Minneapolis must each make contributions to the
Teachers Retirement Association in accordance with the following schedule:
Fiscal
Year City
amount School
district amount
1996 $0 $0
1997 $0 $0
1998 $250,000 $250,000
1999 $400,000 $400,000
2000 $550,000 $550,000
2001 $700,000 $700,000
2002 $850,000 $850,000
2003
and thereafter $1,000,000 $1,000,000
(d) Money
contributed under paragraph (a) and either paragraph (b) or (c), as applicable,
must be credited to a separate account in the applicable teachers retirement
fund and may not be used in determining any benefit increases. The separate account terminates for a fund
when the aid payments to the fund under paragraph (a) cease.
(e) (d) Thirty
percent of the difference between $5,720,000 and the current year amortization
aid and supplemental amortization aid under subdivisions 1 and 1a that is not
distributed for any reason to a municipality for use by a local police or
salaried firefighter relief association must be distributed under section
69.021, subdivision 7, paragraph (d), as additional funding to support a
minimum fire state aid amount for volunteer firefighter relief associations.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 85. LOCAL
RETIREMENT FUND INVESTMENT AUTHORITIES STUDY.
A study
group consisting of representatives from pension plans subject to Minnesota
Statutes, section 356A.06, subdivision 6 or 7, shall be convened by the state
auditor to study investment-related provisions, authorities, and limitations
under Minnesota Statutes, chapter 356A, and related sections of other chapters. Administrative support for the study group
shall be provided by the state auditor. The
study group shall prepare a report to include an assessment of the
effectiveness of current statutory prescriptions, options for change, and
recommendations for consideration by the governor and the legislature during
the 2011 legislative session. The report
will be provided no later than January 15, 2011, to the executive director of
the Legislative Commission on Pensions and Retirement, the chair and ranking
minority caucus member of the senate State and Local Government Operations and
Oversight Committee, and the chair and ranking minority caucus member of the
house State and Local Government Operations Reform, Technology and Elections
Committee.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 86. DEFINED
CONTRIBUTION PLAN STUDY.
The
executive directors of the Minnesota State Retirement System, the Public
Employees Retirement Association, and the Teachers Retirement Association shall
jointly conduct a study of defined benefit, defined contribution, and other
alternative retirement plans for Minnesota public employees. The study must include analysis of the
feasibility, sustainability, financial impacts, and other design considerations
of these retirement plans. The report
must be provided no later than June 1, 2011, to the chair, the vice-chair, and
the executive director of the Legislative Commission on Pensions and
Retirement.
Sec. 87. BYLAW
AUTHORIZATION.
Consistent
with the requirements of Minnesota Statutes, section 354A.12, subdivision 4,
the board of the Duluth Teachers Retirement Fund Association is authorized to
revise the bylaws or articles of incorporation so that the requirements of this
act apply to the old law coordinated program.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 88. ST. PAUL
TEACHERS RETIREMENT FUND ASSOCIATION; TEMPORARY SUSPENSION OF POSTRETIREMENT
ADJUSTMENT.
Notwithstanding
Minnesota Statutes, section 354A.29, no postretirement benefit adjustment to
benefit recipients of the St. Paul Teachers Retirement Fund Association
shall be provided for the year commencing January 1, 2011.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 89. REPEALER.
Minnesota
Statutes 2008, section 354A.27, subdivision 1, is repealed.
EFFECTIVE DATE. This section
is effective July 1, 2010.
ARTICLE 2
MSRS
ADMINISTRATIVE PROVISIONS
Section 1. Minnesota Statutes 2008, section 352.01,
subdivision 2a, is amended to read:
Subd. 2a. Included
employees. (a) "State employee"
includes:
(1)
employees of the Minnesota Historical Society;
(2)
employees of the State Horticultural Society;
(3)
employees of the Minnesota Crop Improvement Association;
(4)
employees of the adjutant general who whose salaries are paid
from federal funds and who are not covered by any federal civilian employees
retirement system;
(5)
employees of the Minnesota State Colleges and Universities who are
employed under the university or college activities program;
(6)
currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently
contributing employee employed for any special service as defined in
subdivision 2b, clause (8);
(7)
employees of the legislature who are appointed without a limit on the
duration of their employment and persons employed or designated by the
legislature or by a legislative committee or commission or other competent
authority to conduct a special inquiry, investigation, examination, or installation;
(8)
trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be
eligible to receive immediate appointment at the completion of the training
period;
(9) employees
of the Minnesota Safety Council;
(10) any
employees who are on authorized leave of absence from the Transit
Operating Division of the former Metropolitan Transit Commission and who
are employed by the labor organization which is the exclusive bargaining agent
representing employees of the Transit Operating Division;
(11)
employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, or Metropolitan
Mosquito Control Commission, or Metropolitan Radio Board unless excluded
under subdivision 2b or are covered by another public pension
fund or plan under section 473.415, subdivision 3;
(12) judges
of the Tax Court;
(13)
personnel who were employed on June 30, 1992, by the University of
Minnesota in the management, operation, or maintenance of its heating plant
facilities, whose employment transfers to an employer assuming operation of the
heating plant facilities, so long as the person is employed at the University
of Minnesota heating plant by that employer or by its successor organization;
(14) personnel
who are employed as seasonal help employees in the classified
or unclassified service employed by the Department of Revenue;
(15) persons
who are employed by the Department of Commerce as a peace officer in the
Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;
(16)
employees of the University of Minnesota unless excluded under subdivision 2b,
clause (3);
(17)
employees of the Middle Management Association whose employment began after
July 1, 2007, and to whom section 352.029 does not apply; and
(18)
employees of the Minnesota Government Engineers Council to whom section 352.029
does not apply.
(b)
Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely
manner in the amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the
sole obligation of the employer assuming operation of the University of
Minnesota heating plant facilities or any successor organizations to that
employer.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2008, section 352.03,
subdivision 4, is amended to read:
Subd. 4. Duties
and powers of board of directors. (a)
The board shall:
(1) elect a
chair;
(2) appoint
an executive director;
(3)
establish rules to administer this chapter and chapters 3A, 352B, 352C, 352D,
and 490 and transact the business of the system, subject to the limitations of
law;
(4) consider
and dispose of, or take any other action the board of directors deems
appropriate concerning, denials of applications for annuities or
disability benefits under this chapter, chapter 3A, 352B, 352C, 352D, or
490, and complaints of employees and others pertaining to the retirement of
employees and the operation of the system;
(5) oversee
the administration of the state deferred compensation plan established
in section 352.965; and
(6) oversee
the administration of the health care savings plan established in section
352.98.
(b) The
board shall advise the director on any matters relating to the system and
carrying out functions and purposes of this chapter. The board's advice shall control.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2008, section 352.04,
subdivision 9, is amended to read:
Subd. 9. Erroneous
deductions, canceled warrants. (a)
Deductions taken from the salary of an employee for the retirement fund in error
excess of required amounts must, upon discovery and verification by the
department making the deduction, be refunded to the employee.
(b) If a
deduction for the retirement fund is taken from a salary warrant or check, and
the check is canceled or the amount of the warrant or check returned to the
funds of the department making the payment, the sum deducted, or the part of it
required to adjust the deductions, must be refunded to the department or
institution if the department applies for the refund on a form furnished by the
director. The department's payments must
likewise be refunded to the department.
(c)
Employee deductions and employer contributions taken in error may be directly
transferred, without interest, to another Minnesota public employee retirement
plan by which the employee is actually covered.
For
purposes of this subdivision, a Minnesota public pension plan means a plan
specified in section 356.30, subdivision 3, or the plan governed by chapter
354B.
(c) If
erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the plan and any other plans specified in section
356.99, that section applies. If the
employee should have been covered by the plan governed by chapter 352D, 353D,
354B, or 354D, the employee deductions and employer contributions taken in
error must be directly transferred to the applicable employee's account in the
correct retirement plan, with interest at the rate of 0.71 percent per month,
compounded annually, from the first day of the month following the month in
which coverage should have commenced in the correct defined contribution plan
until the end of the month in which the transfer occurs.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 4. Minnesota Statutes 2008, section 352.115,
subdivision 10, is amended to read:
Subd. 10. Reemployment
of annuitant. (a) Except for
salary or wages received as a temporary employee of the legislature during a
legislative session, if any retired employee again becomes entitled to receive
salary or wages from the state, or any employer who employs state
employees as that term is defined in section 352.01, subdivision 2, other
than salary or wages received as a temporary employee of the legislature during
a legislative session in a position covered by this chapter, the
annuity or retirement allowance shall must cease when the retired
employee has earned an amount equal to the annual maximum earnings allowable
for that age for the continued receipt of full benefit amounts monthly under the
federal old age, survivors, and disability insurance program as set by the
secretary of health and human services under United States Code, title 42,
section 403, in any calendar year. If
the retired employee has not yet reached the minimum age for the receipt of
Social Security benefits, the maximum earnings for the retired employee shall
be are equal to the annual maximum earnings allowable for the
minimum age for the receipt of Social Security benefits.
(b) The
balance of the annual retirement annuity after cessation must be handled or
disposed of as provided in section 356.47.
(c) The
annuity must be resumed when state service ends, or, if the retired employee is
still employed at the beginning of the next calendar year, at the beginning of
that calendar year, and payment must again end when the retired employee has
earned the applicable reemployment earnings maximum specified in this
subdivision. If the retired employee is
granted a sick leave without pay, but not otherwise, the annuity or retirement
allowance must be resumed during the period of sick leave.
(d) No
payroll deductions for the retirement fund may be made from the earnings of a
reemployed retired employee.
(e) No
change shall may be made in the monthly amount of an annuity or
retirement allowance because of the reemployment of an annuitant.
(f) If a
reemployed annuitant whose annuity is suspended under paragraph (a) is having
insurance premium amounts withheld under section 356.87, subdivision 2,
insurance premium amounts must continue to be withheld and transferred from the
suspended portion of the annuity. The
balance of the annual retirement annuity after cessation, after deduction of
the insurance premium amounts, must be treated as specified in paragraph (b).
EFFECTIVE DATE. This
section is effective January 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 352.91, is
amended by adding a subdivision to read:
Subd. 6. Correction
of plan coverage errors. If
erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the correctional state employees retirement plan and
any other plan specified in section 356.99, that section applies.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 352.965,
subdivision 1, is amended to read:
Subdivision
1. Establishment. (a) The Minnesota state deferred
compensation plan is established. For
purposes of this section, "plan" means the Minnesota state
deferred compensation plan, unless the context clearly indicates otherwise. The Minnesota State Retirement System shall
administer the plan.
(b) The
purpose of the plan is to provide a means for a public employee to contribute a
portion of the employee's compensation to a tax-deferred investment account. The plan is an eligible tax-deferred
compensation plan under section 457(b) of the Internal Revenue Code, United
States Code, title 26, section 457(b), and the applicable regulations under
Code of Federal Regulations, title 26, parts 1.457-3 to 1.457-10.
(c) The
board of directors of the Minnesota State Retirement System is the plan trustee
and plan sponsor. The board's
executive director is the plan administrator.
Fiduciary activities of the plan must be undertaken in a manner consistent
with chapter 356A.
(d) The
executive director, with the approval of the board of directors, shall adopt
and amend, as required to maintain tax-qualified status, a written plan
document specifying the material terms and conditions for eligibility, benefits,
applicable limitations, and the time and form under which benefit distributions
can be made. With the approval of the
board of directors, the executive director may also establish policies and
procedures necessary for the administration of the deferred compensation plan.
(e) The plan
document shall must include provisions that are necessary to
cause the plan to be an eligible deferred compensation plan within the meaning
of section 457(b) of the Internal Revenue Code.
The plan document may provide additional administrative and substantive
provisions consistent with state law, provided that those provisions will
do not cause the plan to fail to be an eligible deferred compensation
plan within the meaning of section 457(b) of the Internal Revenue Code and may
include provisions for certain optional features and services.
(f) The
board of directors may authorize the executive director to establish and
administer a Roth 457 plan if authorized by the Internal Revenue Code or a Roth
individual retirement account as defined under section 408A of the Internal
Revenue Code.
(g) All
amounts contributed to the deferred compensation plan and all earnings on those
amounts must be held in trust, in custodial accounts, or in qualifying annuity
contracts for the exclusive benefit of the plan participants and beneficiaries,
as required by section 457(g) of the Internal Revenue Code and in accordance
with sections 356.001 and 356A.06, subdivision 1.
(h) The
information and data maintained in the accounts of the participants and
beneficiaries are private data and shall must not be disclosed to
anyone other than the participant or beneficiary pursuant to a court order or pursuant
to under section 356.49.
(i) The plan
document is not subject to the rule adoption process under the Administrative
Procedures Act, including section 14.386, but must conform with applicable
federal and state laws.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2008, section 352.965,
subdivision 2, is amended to read:
Subd. 2. Right
to participate in deferred compensation plan.
(a) At the request of an officer or employee of the state, an
officer or employee of a political subdivision, or an employee covered by a
retirement fund in section 356.20, subdivision 2, the appointing authority
shall defer the payment of part of the compensation of the public officer or
employee through payroll deduction.
(b) The amount
to be deferred must be as provided in a written an agreement
between the officer or employee and the public employer plan sponsor. The agreement must be in a form specified by
the executive director of the Minnesota State Retirement System and must be
consistent with the requirements for an eligible plan under federal and state
tax laws, regulations, and rulings.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2009 Supplement, section
352B.011, subdivision 3, is amended to read:
Subd. 3. Allowable
service. (a) "Allowable
service" means:
(1) service
in a month during which a member is paid a salary from which a member
contribution is deducted, deposited, and credited in the State Patrol
retirement fund;
(2) for
members defined in subdivision 10, clause (1), service in any month for which
payments have been made to the State Patrol retirement fund under law; and
(3) for
members defined in subdivision 10, clauses (2) and (3), service for which
payments have been made to the State Patrol retirement fund under law, service
for which payments were made to the State Police officers retirement fund under
law after June 30, 1961, and all prior service which was credited to a member
for service on or before June 30, 1961.;
(4) any
period of authorized leave of absence without pay that does not exceed one year
and for which the employee obtains credit by payment to the fund under section
352B.013; and
(5) eligible
periods of uniformed service for which the member obtained service credit by
payment under section 352B.086 to the fund.
(b)
Allowable service also includes any period of absence from duty by a member
who, by reason of injury incurred in the performance of duty, is temporarily
disabled and for which disability the state is liable under the workers'
compensation law, until the date authorized by the executive director for
commencement of payment of a disability benefit or until the date of a return
to employment.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 9. [352B.013]
AUTHORIZED LEAVE OF ABSENCE SERVICE CREDIT PURCHASE PROCEDURE.
Subdivision
1. Application. This
section specifies the procedure for purchasing service credit in the State
Patrol retirement plan for authorized leaves of absence under section 352B.011,
subdivision 3, unless an alternative payment procedure is specified in law for
a particular form of leave or break in service.
Subd. 2. Purchase
procedure. (a) An employee
covered by the plan specified in this chapter may purchase credit for allowable
service in the plan for a period specified in subdivision 1 if the employee
makes a payment as specified in paragraph (b) or (c), whichever applies. The employing unit, at its option, may pay
the employer portion of the amount specified in paragraph (b) on behalf of its
employees.
(b) If
payment is received by the executive director within one year from the date the
employee returned to work following the authorized leave, the payment amount is
equal to the employee and employer contribution rates specified in section
352B.02 at the end of the leave period multiplied by the employee's hourly rate
of salary on the date of return from the leave of absence and by the days and
months of the leave of absence for which the employee is eligible for allowable
service credit. The payment must include
compound interest at a monthly rate of 0.71 percent from the last day of the
leave period until the last day of the month in which payment is received. If payment is received by the executive
director after one year from the date the employee returned to work following
the authorized leave, the payment amount is the amount determined under section
356.551. Payment under this paragraph
must be made before the date of termination from public employment covered
under this chapter.
(c) If the
employee terminates employment covered by this chapter during the leave or
following the leave rather than returning to covered employment, payment must
be received by the executive director within 30 days after the termination date. The payment amount is equal to the employee
and employer contribution rates specified in section 352B.02 on the day prior
to the termination date, multiplied by the employee's hourly rate of salary on
that date and by the days and months of the leave of absence prior to
termination.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2008, section 352B.02, is
amended by adding a subdivision to read:
Subd. 3. Correction
of plan coverage errors. If
erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the State Patrol retirement plan and any other plan
specified in section 356.99, that section applies.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 353.27,
subdivision 7a, is amended to read:
Subd. 7a. Deductions
or contributions transmitted by error. (a)
If employee deductions and employer contributions were erroneously transmitted
to the association, but should have been transmitted to another Minnesota
public pension a plan covered by chapter 352D, 353D, 354B, or
354D, the executive director shall transfer the erroneous employee deductions
and employer contributions to the appropriate retirement fund or individual
account, as applicable, without interest. The time limitations specified in
subdivisions 7 and 12 do not apply. The
transfer to the applicable defined contribution plan account must include
interest at the rate of 0.71 percent per month, compounded annually, from the
first day of the month following the month in which coverage should have
commenced in the defined contribution plan until the end of the month in which
the transfer occurs.
(b) For
purposes of this subdivision, a Minnesota public pension plan means a plan
specified in section 356.30, subdivision 3, or the plans governed by chapters
353D and 354B.
(c) (b)
A potential transfer under paragraph (a) that is reasonably determined to cause
the plan to fail to be a qualified plan under section 401(a) of the federal
Internal Revenue Code, as amended, must not be made by the executive director
of the association. Within 30 days after
being notified by the Public Employees Retirement Association of an unmade
potential transfer under this paragraph, the employer of the affected person
must transmit an amount representing the applicable salary deductions and
employer contributions, without interest, to the retirement fund of the
appropriate Minnesota public pension plan, or to the applicable individual
account if the proper coverage is by a defined contribution plan. The association must provide the employing
unit a credit for the amount of the erroneous salary deductions and employer
contributions against future contributions from the employer. If the employing unit receives a credit under
this paragraph, the employing unit is responsible for refunding to the
applicable employee any amount that had been erroneously deducted from the
person's salary.
(c) If
erroneous employee deductions and employer contributions reflect a plan
coverage error involving any Public Employees Retirement Association plan
specified in section 356.99 and any other plan specified in that section,
section 356.99 applies.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 12. Minnesota Statutes 2008, section 353.37,
subdivision 3a, is amended to read:
Subd. 3a. Disposition
of suspension or reduction amount. (a)
The balance of the annual retirement annuity after suspension or the amount
of the retirement annuity reduction must be handled or disposed of as provided
in section 356.47.
(b) If a
reemployed annuitant whose annuity is suspended is having insurance premium
amounts withheld under section 356.87, subdivision 2, insurance premium amounts
must continue to be withheld and transferred from the suspended portion of the
annuity. The balance of the annual
retirement annuity after cessation, after deduction of the insurance premium
amounts, must be treated as specified in paragraph (a).
EFFECTIVE DATE. This
section is effective January 1, 2010.
Sec. 13. Minnesota Statutes 2008, section 354.42,
subdivision 7, is amended to read:
Subd. 7. Erroneous
salary deductions or direct payments. (a)
Any deductions taken from the salary of an employee for the retirement
fund in error excess of amounts required must be refunded to the
employee upon the discovery of the error and after the verification of the
error by the employing unit making the deduction. The corresponding excess employer
contribution and excess additional employer contribution amounts
attributable to the erroneous salary deduction must be refunded to the
employing unit.
(b) If
salary deductions and employer contributions were erroneously transmitted to
the retirement fund and should have been transmitted to another Minnesota
public pension the plan covered by chapter 352D, 353D, 354B, or
354D, the executive director must transfer these salary deductions and
employer contributions to the account of the appropriate public
pension fund without interest. For
purposes of this paragraph, a Minnesota public pension plan means a plan
specified in section 356.30, subdivision 3, or the plan governed by chapter
354B. person under the applicable
plan. The transfer to the applicable
defined contribution plan account must include interest at the rate of 0.71
percent per month, compounded annually, from the first day of the month
following the month in which coverage should have commenced in the defined
contribution plan until the end of the month in which the transfer occurs.
(c) A
potential transfer under paragraph (b) that would cause the plan to fail to be
a qualified plan under section 401(a) of the Internal Revenue Code, as amended,
must not be made by the executive director.
Within 30 days after being notified by the Teachers Retirement
Association of an unmade potential transfer under this paragraph, the employer
of the affected person must transmit an amount representing the applicable
salary deductions and employer contributions, without interest, to the retirement
fund of the appropriate Minnesota public pension plan fund account of
the applicable person under the appropriate plan. The retirement association must provide a
credit for the amount of the erroneous salary deductions and employer
contributions against future contributions from the employer.
(d) If a
salary warrant or check from which a deduction for the retirement fund was
taken has been canceled or the amount of the warrant or if a check has been
returned to the funds of the employing unit making the payment, a refund of the
amount deducted, or any portion of it that is required to adjust the salary
deductions, must be made to the employing unit.
(e) Erroneous
direct payments of member-paid contributions or erroneous salary deductions
that were not refunded during the regular payroll cycle processing must be
refunded to the member, plus interest computed using the rate and method
specified in section 354.49, subdivision 2.
(f) Any
refund under this subdivision that would cause the plan to fail to be a
qualified plan under section 401(a) of the Internal Revenue Code, as amended,
may not be refunded and instead must be credited against future contributions
payable by the employer. The employer is
responsible for refunding to the applicable employee any amount that was
erroneously deducted from the salary of the employee, with interest as
specified in paragraph (e).
(g) If
erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the plan and any other plan specified in section
356.99, that section applies.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 14. Minnesota Statutes 2008, section 354A.12, is
amended by adding a subdivision to read:
Subd. 6a. Erroneous
salary deductions or direct payments.
If erroneous employee deductions and employer contributions
reflect a plan coverage error involving any plan covered by this chapter and any
plan specified in section 356.99, that section applies.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 15. Minnesota Statutes 2008, section 356.24,
subdivision 1, is amended to read:
Subdivision
1. Restriction;
exceptions. (a) It is unlawful
for a school district or other governmental subdivision or state agency to levy
taxes for, or to contribute public funds to a supplemental pension or
deferred compensation plan that is established, maintained, and operated in
addition to a primary pension program for the benefit of the governmental
subdivision employees other than:
(1) to a
supplemental pension plan that was established, maintained, and operated before
May 6, 1971;
(2) to a
plan that provides solely for group health, hospital, disability, or death
benefits;
(3) to the
individual retirement account plan established by chapter 354B;
(4) to a
plan that provides solely for severance pay under section 465.72 to a retiring
or terminating employee;
(5) for
employees other than personnel employed by the Board of Trustees of the
Minnesota State Colleges and Universities and covered under the Higher
Education Supplemental Retirement Plan under chapter 354C, but including city
managers covered by an alternative retirement arrangement under section
353.028, subdivision 3, paragraph (a), or by the defined contribution plan of
the Public Employees Retirement Association under section 353.028, subdivision
3, paragraph (b), if the supplemental plan coverage is provided for in a
personnel policy of the public employer or in the collective bargaining
agreement between the public employer and the exclusive representative of
public employees in an appropriate unit or in the individual employment
contract between a city and a city manager, and if for each available
investment all fees and historic rates of return for the prior one-, three-,
five-, and ten-year periods, or since inception, are disclosed in an easily
comprehended document not to exceed two pages, in an amount matching employee contributions
on a dollar for dollar basis, but not to exceed an employer contribution of
one-half of the available elective deferral permitted per year per employee,
under the Internal Revenue Code:
(i) to the
state of Minnesota deferred compensation plan under section 352.965;
(ii) in
payment of the applicable portion of the contribution made to any investment
eligible under section 403(b) of the Internal Revenue Code, if the employing
unit has complied with any applicable pension plan provisions of the Internal
Revenue Code with respect to the tax-sheltered annuity program during the
preceding calendar year; or
(iii) any
other deferred compensation plan offered by the employer under section 457 of
the Internal Revenue Code;
(6) for
personnel employed by the Board of Trustees of the Minnesota State Colleges and
Universities and not covered by clause (5), to the supplemental retirement plan
under chapter 354C, if the supplemental plan coverage is provided for in a
personnel policy or in the collective bargaining agreement of the public
employer with the exclusive representative of the covered employees in an
appropriate unit, in an amount matching employee contributions on a dollar for
dollar basis, but not to exceed an employer contribution of $2,700 a year for
each employee;
(7) to a
supplemental plan or to a governmental trust to save for postretirement health
care expenses qualified for tax-preferred treatment under the Internal Revenue
Code, if the supplemental plan coverage is provided for in a personnel policy
or in the collective bargaining agreement of a public employer with the
exclusive representative of the covered employees in an appropriate unit;
(8) to the
laborers national industrial pension fund or to a laborers local pension fund
for the employees of a governmental subdivision who are covered by a collective
bargaining agreement that provides for coverage by that fund and that sets
forth a fund contribution rate, but not to exceed an employer contribution of
$5,000 per year per employee;
(9) to the
plumbers and pipefitters national pension fund or to a plumbers and pipefitters
local pension fund for the employees of a governmental subdivision who are
covered by a collective bargaining agreement that provides for coverage by that
fund and that sets forth a fund contribution rate, but not to exceed an
employer contribution of $5,000 per year per employee;
(10) to the
international union of operating engineers pension fund for the employees of a
governmental subdivision who are covered by a collective bargaining agreement
that provides for coverage by that fund and that sets forth a fund contribution
rate, but not to exceed an employer contribution of $5,000 per year per
employee;
(11) to a
supplemental plan organized and operated under the federal Internal Revenue
Code, as amended, that is wholly and solely funded by the employee's
accumulated sick leave, accumulated vacation leave, and accumulated severance
pay;
(12) to the
International Association of Machinists national pension fund for the employees
of a governmental subdivision who are covered by a collective bargaining
agreement that provides for coverage by that fund and that sets forth a fund
contribution rate, but not to exceed an employer contribution of $5,000 per
year per employee; or
(13) for
employees of United Hospital District, Blue Earth, to the state of Minnesota
deferred compensation program, if the employee makes a contribution, in an
amount that does not exceed the total percentage of covered salary under
section 353.27, subdivisions 3 and 3a.
(b) No
governmental subdivision may make a contribution to a deferred compensation
plan operating under section 457 of the Internal Revenue Code for volunteer or
emergency on-call firefighters in lieu of providing retirement coverage under
the federal Old Age, Survivors, and Disability Insurance Program.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 16. Minnesota Statutes 2008, section 356.50,
subdivision 4, is amended to read:
Subd. 4.
Annuity
repayment. Notwithstanding
subdivisions 1 and 2, if after being discharged, the person commences receipt
of an annuity from the applicable plan, and it is later determined that the
person was wrongfully discharged, the person shall repay the annuity received
in a lump sum within 60 days of receipt of the back pay award. If the annuity is not repaid, the person
is not entitled to reinstatement in the applicable plan as an active member,
the person is not authorized to make payments under subdivision 2, paragraph
(a), and, for subsequent employment with the employer, the person shall be
treated as a reemployed annuitant.
EFFECTIVE DATE. This section
is effective the day following final enactment.
CORRECTION
OF PLAN COVERAGE ERRORS
Sec. 17. [356.99]
CORRECTION OF ERRONEOUS DEFINED BENEFIT PLAN COVERAGE.
Subdivision
1. Definitions. (a)
For purposes of this section, the terms in paragraphs (b) to (e) have the
meanings given them.
(b)
"Chief administrative officer" means the person selected or elected
by the governing board of a covered pension plan with primary responsibility to
administer the covered pension plan, or that person's designee or
representative.
(c)
"Covered pension plan" means a plan enumerated in section 356.30,
subdivision 3, except clauses (3), (5), (6), and (11).
(d)
"Governing board" means the governing board of the Minnesota State
Retirement System, the Public Employees Retirement Association, the Teachers
Retirement Association, the Duluth Teachers Retirement Fund Association, or the
St. Paul Teachers Retirement Fund Association.
(e)
"Member" means an active plan member in a covered pension plan.
Subd. 2. Treatment
of terminated employee coverage error.
Any person who terminated the erroneously covered service before a
chief administrative officer determined the covered pension plan coverage was
in error retains the coverage with the plan that originally credited the
service.
Subd. 3. Active
employee correction of prospective service coverage. Upon determination by a chief
administrative officer that a member is covered by the wrong pension plan, the
employer must stop remitting the erroneous employee deductions and employer
contributions and report the employee to the correct covered pension plan for
all subsequent service.
Subd. 4. Active
employee treatment of past service. Any
plan member, with past service credited in an erroneous plan, retains the
coverage for that past service with the plan that originally credited that
service if the reporting error began earlier than two fiscal years prior to the
current fiscal year in which the error was determined by the chief
administrative officer. If the reporting
error began within two fiscal years prior to the current fiscal year, the
pension plan coverage for that past service must be corrected as provided in
subdivision 5.
Subd. 5. Past
service transfer procedure. (a)
For cases under subdivision 4 requiring correction of prior service coverage,
on behalf of the applicable member the chief administrative officer of the
covered pension plan fund that has received erroneous employee deductions and
employer contributions must transfer to the appropriate covered retirement plan
fund an amount which is the lesser of all contributions made by or on behalf of
the member for the period of erroneous membership, or the specific amount
requested by the chief administrative officer of the other covered pension plan
which represents the employee deductions and employer contributions that would
have been made had the member been properly reported.
(b) If
excess employee deductions remain in the member's account after the transfer of
funds, the remaining erroneous amount must be refunded to the person with
interest at the rate provided under the general refund law of the applicable
covered pension plan. The chief
administrative officer must also return any remaining excess employer
contributions by providing to the employer a credit against future
contributions payable by that employer.
(c) If the
contributions transferred to the correct covered pension plan fund are less
than the amounts required for the period being corrected, the chief
administrative officer of the correct covered pension plan fund must collect
the remaining employee deductions and employer contributions from the employer
under laws for recovering deficient contributions applicable to the correct
covered pension plan, except that no interest is chargeable if the additional
amounts due under this paragraph are received by the chief administrative
officer within 30 days of notifying the employer of the amount due.
(d) A
potential transfer under this section that would cause a plan to fail to be a
qualified plan under section 401(a) of the Internal Revenue Code, as amended,
must not be made. Within 30 days after
being notified by a chief administrative officer of an unmade potential
transfer under this section, the employer of the member must transmit an amount
representing the applicable salary deductions and employer contributions,
without interest, to the fund of the appropriate covered pension plan. The chief administrative officer of the
covered pension plan which erroneously provided coverage must provide to the
employer a credit for the amount of the erroneous salary deductions and
employer contributions against future contributions from that employer.
(e) Upon
transfer of the required assets, or payment from the employer under paragraph
(d), whichever is applicable, allowable service and salary credit for the
period being transferred is forfeited in the erroneous plan and is granted in
the correct plan.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 18. Minnesota Statutes 2008, section 490.123, is
amended by adding a subdivision to read:
Subd. 4. Correction
of contribution errors. (a)
If erroneous employee deductions and employer contributions are caused by an
error in plan coverage involving the judges retirement plan and any other plan
specified in section 356.99, that section applies.
(b) The
provisions of section 352.04, subdivisions 8 and 9, apply to the judges'
retirement plan, except that if employee deductions or contributions are
erroneously transmitted to the judges' retirement fund for service rendered
after the service credit limit under section 490.121, subdivision 22, has been
attained, consistent with section 352D.04, subdivision 2, no employer
contributions may be transferred.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 19. REPEALER.
Minnesota
Statutes 2008, sections 352.91, subdivision 5; and 353.88, are repealed.
EFFECTIVE DATE. This
section is effective July 1, 2010.
ARTICLE 3
MINNESOTA
STATE DEFERRED COMPENSATION PLAN AMENDMENTS
Section 1. Minnesota Statutes 2008, section 352.965,
subdivision 6, is amended to read:
Subd. 6. Plan administrative
expenses. (a) The reasonable and
necessary administrative expenses of the deferred compensation plan may be
charged to plan participants in the form of an annual fee, an asset-based fee,
a percentage of the contributions to the plan, or a combination thereof, as set
forth in the plan document. The
executive director of the system at the direction of the board of directors
shall establish procedures to carry out this section including allocation of
administrative costs of the plan to participants. Processes and procedures shall be set forth
in the plan document. Fees cannot be
charged on contributions and investment returns attributable to contributions
made to the Minnesota supplemental investment funds before July 1, 1992.
(b) The
plan document must conform to federal and state tax laws, regulations, and
rulings, and is not subject to the Administrative Procedure Act.
(c) The
executive director may contract with a third party to perform administrative
and record keeping functions. The
executive director may solicit bids and negotiate such contracts. Participating employers must provide the
necessary data to the third-party record keeper as determined by the executive
director. The third-party record keeper
and the Minnesota State Retirement System shall follow the data privacy
provisions under chapter 13. The
third-party record keeper may not solicit participants for any product or
services not related to the deferred compensation plan.
(d) The
board of directors may authorize a third-party investment consultant to provide
investment information and advice, provided that if the offering
of such information and advice is consistent with the investment advice
requirements applicable to private plans under Title VI, subtitle A, of the Pension
Protection Act of 2006, Public Law 109-280, section 601.
EFFECTIVE DATE. This
section is effective July 1, 2010.
ARTICLE 4
MSRS
UNCLASSIFIED STATE EMPLOYEES RETIREMENT PROGRAM AMENDMENTS
Section 1. Minnesota Statutes 2009 Supplement, section 352.01,
subdivision 2b, is amended to read:
Subd. 2b. Excluded
employees. "State
employee" does not include:
(1)
students who are employed by the University of Minnesota, or the state
colleges and universities, unless approved for coverage by the Board of Regents
of the University of Minnesota or the Board of Trustees of the Minnesota State
Colleges and Universities, whichever is applicable;
(2)
employees who are eligible for membership in the state Teachers Retirement
Association, except employees of the Department of Education who have chosen or
may choose to be covered by the general state employees retirement plan of the
Minnesota State Retirement System instead of the Teachers Retirement
Association;
(3)
employees of the University of Minnesota who are excluded from coverage by
action of the Board of Regents;
(4)
officers and enlisted personnel in the National Guard and the naval militia who
are assigned to permanent peacetime duty and who under federal law are or are
required to be members of a federal retirement system;
(5)
election officers;
(6) persons
who are engaged in public work for the state but who are employed by
contractors when the performance of the contract is authorized by the
legislature or other competent authority;
(7) officers
and employees of the senate, or of the house of representatives, or of a
legislative committee or commission who are temporarily employed;
(8)
receivers, jurors, notaries public, and court employees who are not in the
judicial branch as defined in section 43A.02, subdivision 25, except referees
and adjusters employed by the Department of Labor and Industry;
(9) patient
and inmate help who perform services in state charitable, penal, and
correctional institutions including the Minnesota Veterans Home;
(10) persons
who are employed for professional services where the service is incidental to
their regular professional duties and whose compensation is paid on a per diem
basis;
(11)
employees of the Sibley House Association;
(12) the
members of any state board or commission who serve the state intermittently and
are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer
of those boards if their compensation is $5,000 or less per year, or, if they
are legally prohibited from serving more than three years; and the board of
managers of the State Agricultural Society and its treasurer unless the
treasurer is also its full-time secretary;
(13) state
troopers and persons who are described in section 352B.011, subdivision 10,
clauses (2) to (8);
(14)
temporary employees of the Minnesota State Fair who are employed on or after
July 1 for a period not to extend beyond October 15 of that year; and persons
who are employed at any time by the state fair administration for special
events held on the fairgrounds;
(15)
emergency employees who are in the classified service; except that if an
emergency employee, within the same pay period, becomes a provisional or
probationary employee on other than a temporary basis, the employee must be
considered a "state employee" retroactively to the beginning of the
pay period;
(16)
temporary employees in the classified service, and temporary employees in the
unclassified service who are appointed for a definite period of not more than
six months and who are employed less than six months in any one-year period;
(17) interns
who are hired for six months or less and trainee employees, except those
listed in subdivision 2a, clause (8);
(18) persons
whose compensation is paid on a fee basis or as an independent contractor;
(19) state
employees who are employed by the Board of Trustees of the Minnesota State
Colleges and Universities in unclassified positions enumerated in section
43A.08, subdivision 1, clause (9);
(20) state
employees who in any year have credit for 12 months service as teachers in the
public schools of the state and as teachers are members of the Teachers
Retirement Association or a retirement system in St. Paul, Minneapolis, or
Duluth, except for incidental employment as a state employee that is not
covered by one of the teacher retirement associations or systems;
(21)
employees of the adjutant general who are employed on an unlimited intermittent
or temporary basis in the classified or unclassified service for the support of
Army and Air National Guard training facilities;
(22)
chaplains and nuns who are excluded from coverage under the federal Old Age,
Survivors, Disability, and Health Insurance Program for the performance of
service as specified in United States Code, title 42, section 410(a)(8)(A), as
amended, if no irrevocable election of coverage has been made under section
3121(r) of the Internal Revenue Code of 1986, as amended through December 31,
1992;
(23)
examination monitors who are employed by departments, agencies, commissions,
and boards to conduct examinations required by law;
(24)
persons who are appointed to serve as members of fact-finding commissions or
adjustment panels, arbitrators, or labor referees under chapter 179;
(25)
temporary employees who are employed for limited periods under any state or
federal program for training or rehabilitation, including persons who are
employed for limited periods from areas of economic distress, but not including
skilled and supervisory personnel and persons having civil service status
covered by the system;
(26)
full-time students who are employed by the Minnesota Historical Society
intermittently during part of the year and full-time during the summer months;
(27)
temporary employees who are appointed for not more than six months, of the
Metropolitan Council and of any of its statutory boards, if the board members
are appointed by the Metropolitan Council;
(28)
persons who are employed in positions designated by the Department of
Management and Budget as student workers;
(29)
members of trades who are employed by the successor to the Metropolitan Waste
Control Commission, who have trade union pension plan coverage under a
collective bargaining agreement, and who are first employed after June 1, 1977;
(30)
off-duty peace officers while employed by the Metropolitan Council;
(31)
persons who are employed as full-time police officers by the Metropolitan
Council and as police officers are members of the public employees police and
fire fund;
(32)
persons who are employed as full-time firefighters by the Department of
Military Affairs and as firefighters are members of the public employees police
and fire fund;
(33)
foreign citizens with who are employed under a work permit of
less than three years, or an H-1b/JV visa valid for less than three years of
employment, unless notice of extension is supplied which allows them to work
for three or more years as of the date that the extension is granted, in
which case they are eligible for coverage from the date extended; and
(34)
persons who are employed by the Board of Trustees of the Minnesota State
Colleges and Universities and who elected to remain members of the Public
Employees Retirement Association or the Minneapolis Employees Retirement Fund,
whichever applies, under Minnesota Statutes 1994, section 136C.75.;
and
(35)
employees who have elected to transfer service to the unclassified program
under section 352D.02, subdivision 1d.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 2. Minnesota Statutes 2008, section 352D.015,
subdivision 4, is amended to read:
Subd. 4. General
fund. "General fund" means
the general state employees retirement fund under chapter 352 except
the moneys for the unclassified program.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 3. Minnesota Statutes 2008, section 352D.015, is
amended by adding a subdivision to read:
Subd. 4a. General
employees retirement plan. "General
employees retirement plan" means the general state employees retirement
plan under chapter 352.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 4. Minnesota Statutes 2008, section 352D.015,
subdivision 9, is amended to read:
Subd. 9.
Value. "Value" means cash value at
the end of the month following receipt of an application. If no application is required,
"value" means the cash value at the end of the month in which the
event necessitating the transfer occurs the market value of the account
at the end of the United States investment market day.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 352D.02,
subdivision 1c, is amended to read:
Subd. 1c. Transfer
of contributions. An employee
covered by the regular general employees retirement plan who is
subsequently employed as a full-time unclassified employee of the legislature
or any commission or agency of the legislature without a limit on the duration
of the employment may elect to transfer accumulated employee and matching
employer contributions, as provided in section 352D.03.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 6. Minnesota Statutes 2008, section 352D.02,
subdivision 2, is amended to read:
Subd. 2. Coverage
upon employment change. A person
becoming a participant in the unclassified program prior to July 1, 2010,
by virtue of employment in a position specified in subdivision 1, clause (4),
and remaining in the unclassified service shall remain a participant in the
program even though the position the person occupies is deleted from any of the
sections referenced in subdivision 1, clause (4), by subsequent amendment,
except that a person shall is not be eligible to elect the
unclassified program after separation from unclassified service if on the
return of the person to service, that position is not specified in subdivision
1, clause (4). Any person employed in a
position specified in subdivision 1 shall cease to participate in the
unclassified program in the event that the position is placed in the
classified service.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 7. Minnesota Statutes 2008, section 352D.02,
subdivision 3, is amended to read:
Subd. 3. Transfer
to general employees retirement plan. (a) An employee referred to in
subdivision 1, paragraph (c), clauses (2) to (4), (6) to (14), and (16) to
(18), who is credited with employee shares in the unclassified
program, after acquiring and who has credit for ten years of
allowable service and, not later than one month following the
termination of covered employment, may elect to terminate participation in the
unclassified program and be covered by the general employees retirement plan
by filing a written election with the executive director. if the employee was employed before
July 1, 2010, and has at least ten years of allowable service as of the date of
the election or if the employee was employed after June 30, 2010, and has no
more than seven years of allowable service as of the date of the election.
(b) If the
transfer election is made, the executive director shall then redeem the
employee's total shares and shall credit to the employee's account in the
general employees retirement plan the amount of contributions that would
have been so credited had the employee been covered by the general employees
retirement plan during the
employee's
entire covered employment or elective state service. The balance of money so redeemed and not
credited to the employee's account shall must be transferred to
the general employees retirement plan retirement fund, except
that (1) the employee contribution paid to the unclassified program must be
compared to (2) the employee contributions that would have been paid to the
general employees retirement plan for the comparable period, if the
individual had been covered by that plan.
If clause (1) is greater than clause (2), the difference must be
refunded to the employee as provided in section 352.22. If clause (2) is greater than clause (1), the
difference must be paid by the employee within six months of electing general employees
retirement plan coverage or before the effective date of the annuity,
whichever is sooner.
(b) (c)
An election under paragraph (a) to transfer coverage to the general employees
retirement plan is irrevocable during any period of covered employment.
(d) A
person referenced in subdivision 1, paragraph (c), clause (1), (5), or (15),
who is credited with employee shares in the unclassified program is not
permitted to terminate participation in the unclassified program and be covered
by the general employees retirement plan.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 8. Minnesota Statutes 2008, section 352D.03, is
amended to read:
352D.03 TRANSFER OF ASSETS.
Unless an
eligible employee enumerated in section 352D.02, subdivision 1, has elected
coverage under the individual retirement account plan under chapter 354B, a
sum of money representing the assets credited to each employee exercising
the option contained in section 352D.02, plus an equal employer contribution
together with interest for an employee exercising an option under
section 352D.02, an amount equal to the employee and employer contributions
for the employment period at the applicable preretirement interest actuarial
assumption rate during this period plus six percent interest,
compounded annually, must be used for the purchase of shares on behalf of each
employee in the accounts of the supplemental retirement fund established by
section 11A.17.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 9. Minnesota Statutes 2008, section 352D.04,
subdivision 1, is amended to read:
Subdivision
1. Investment
options. (a) A person exercising an
option to participate in the retirement program provided by this chapter may
elect to purchase shares in one or a combination of the income share account,
the growth share account, the international share account, the money market
account, the bond market account, the fixed interest account, or the common
stock index account established in section 11A.17. The person may elect to participate in one or
more of the investment accounts in the fund by specifying, on a form
provided in a manner prescribed by the executive director, the percentage
of the person's contributions provided in subdivision 2 to be used to purchase
shares in each of the accounts.
(b) A
participant may indicate in writing on forms provided, in a manner
prescribed by the Minnesota State Retirement System a choice of options
executive director, choose their investment allocation for subsequent
purchases of shares. Until a different
written indication is made by the participant, the executive director shall
purchase shares in the supplemental fund as selected by the participant. If no initial option is chosen, 100 percent
income shares must be purchased for a participant. A change in choice of investment option is
effective no later than the first pay date first occurring after 30 days
following the receipt of the request for a change at the end of the most
recent United States investment market day.
(c) Shares
in the fixed interest account attributable to any guaranteed investment
contract as of July 1, 1994, may not be withdrawn from the fund or transferred
to another account until the guaranteed investment contract has expired, unless
the participant qualifies for withdrawal under section 352D.05 or for benefit
payments under sections 352D.06 to 352D.075.
(d) (c)
A participant or former participant may also change the investment options
selected for all or a portion of the participant's shares previously purchased
in accounts, subject to the provisions of paragraph (c) concerning the fixed
interest account. Changes in investment
options for the participant's shares must be effected as soon as cash flow to
an account practically permits, but not later than six months after the
requested change trading restrictions imposed on the investment option.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 10. Minnesota Statutes 2008, section 352D.04,
subdivision 2, is amended to read:
Subd. 2. Contribution
rates. (a) The money used to
purchase shares under this section is the employee and employer contributions
provided in this subdivision.
(b) The employee
contribution is an amount equal to four the percent of salary specified
in section 352.04, subdivision 2, or 352.045, subdivision 3.
(c) The
employer contribution is an amount equal to six percent of salary.
(d) For
members of the legislature, the contributions under this subdivision also must
be made on per diem payments received during a regular or special legislative
session, but may not be made on per diem payments received outside of a regular
or special legislative session, on the additional compensation attributable to
a leadership position under section 3.099, subdivision 3, living expense
payments under section 3.101, or special session living expense payments under
section 3.103.
(e) For a
judge who is a member of the unclassified plan under section 352D.02,
subdivision 1, paragraph (c), clause (16), the employee contribution rate is
eight percent of salary, and there is no employer contribution.
(f) These
contributions must be made in the manner provided in section 352.04,
subdivisions 4, 5, and 6.
EFFECTIVE DATE. This
section is effective the first day of the first full pay period beginning after
July 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 352D.05,
subdivision 3, is amended to read:
Subd. 3. Full
or partial withdrawal. After
termination of covered employment or at any time thereafter, a participant is
entitled, upon application, to withdraw the cash value of the participant's
total shares or leave such shares on deposit with the supplemental retirement
fund. The account is valued at the end
of the month in which most recent United States investment market day
following receipt of the application for withdrawal is made. Shares not withdrawn remain on deposit with
the supplemental retirement fund until the former participant becomes at least
55 years old, and applies for an annuity under section 352D.06, subdivision 1.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 12. Minnesota Statutes 2008, section 352D.05,
subdivision 4, is amended to read:
Subd. 4. Repayment
of refund. (a) A participant in the
unclassified program may repay regular refunds taken under section 352.22, as
provided in section 352.23.
(b) A
participant in the unclassified program or an employee covered by the general employees
retirement plan who has withdrawn the value of the total shares may repay
the refund taken and thereupon restore the service credit, rights and benefits
forfeited by paying into the fund the amount refunded plus interest at an
annual rate of 8.5 percent compounded annually from the date that the refund
was taken until the date that the refund is repaid. If the participant had withdrawn only the
employee shares as permitted under prior laws, repayment must be pro rata.
(c) Except as provided in section 356.441, the repayment of a refund
under this section must be made in a lump sum.
EFFECTIVE DATE. This
section is effective June 30, 2010.
Sec. 13. Minnesota Statutes 2008, section 352D.06,
subdivision 3, is amended to read:
Subd. 3. Accrual
date. An annuity under this section
accrues the first day of the first full month after an application is
received or the day following termination of state service, whichever is later. The account must be valued and redeemed on
the later of the end of the month of termination of covered employment, or the
end of the month of receipt of the annuity application for the purpose of
computing the annuity day following receipt of the application or the
day following termination, whichever is later.
The benefit must be based on the value of the account the day following
receipt of the application or the date of termination, whichever is later, plus
any contributions and interest received after that date.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 14. Minnesota Statutes 2008, section 352D.065,
subdivision 3, is amended to read:
Subd. 3. Annuity
payment. The annuity payable under
this section shall begin begins to accrue the first day of
the month following the date of disability receipt of the application
or the day after termination, whichever is later, plus any contributions and
interest received after that date, and shall must be based on
the participant's age when the annuity begins to accrue. The shares shall must be valued
as of the end of the month following authorization of payments day on
which the benefit accrues.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 15. Minnesota Statutes 2008, section 352D.09,
subdivision 3, is amended to read:
Subd. 3. Prospectus. (a) The executive director shall
annually distribute make available by electronic means to each
participant the prospectus prepared by the supplemental fund, by July 1 or
when received from such fund, whichever is later, to each participant in
covered employment.
(b) Any
participant may contact the Minnesota State Retirement System and request a
copy of the prospectus.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 16. Minnesota Statutes 2008, section 352D.09,
subdivision 7, is amended to read:
Subd. 7. Administrative
fees. The board of directors shall
establish a budget and charge participants a reasonable fee to pay the
administrative expenses of the unclassified program. Fees cannot may not be charged
on contributions and investment returns attributable to contributions made
before July 1, 1992. Annual total
fees charged for plan administration cannot exceed 10/100 of one percent of the
contributions and investment returns attributable to contributions made on or
after July 1, 1992.
EFFECTIVE DATE. This
section is effective July 1, 2010.
ARTICLE 5
PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION ADMINISTRATIVE PROVISIONS
Section 1. Minnesota Statutes 2009 Supplement, section
353.01, subdivision 2, is amended to read:
Subd. 2. Public
employee. "Public
employee" means a governmental employee or a public officer performing
personal services for a governmental subdivision defined in subdivision 6,
whose salary is paid, in whole or in part, from revenue derived from taxation,
fees, assessments, or from other sources.
For purposes of membership in the association, the term includes
the classes of persons described or listed in subdivision 2a and
excludes the classes of persons listed in subdivision 2b. The term also includes persons who elect
association membership under subdivision 2d, paragraph (a), and persons for
whom the applicable governmental subdivision had elected association membership
under subdivision 2d, paragraph (b). The
term excludes the classes of persons listed in subdivision 2b for purposes of
membership in the association.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2009 Supplement, section
353.01, subdivision 2a, is amended to read:
Subd. 2a. Included
employees; mandatory membership. (a)
Public employees whose salary from employment in one or more positions
within one governmental subdivision exceeds $425 in any month shall participate
as members of the association. If the
salary is less than $425 in a subsequent month, the employee retains membership
eligibility. Eligible Public employees
shall whose salary exceeds $425 in any month and who are not
specifically excluded under subdivision 2b or who have not been provided an
option to participate under subdivision 2d, whether individually or by action
of the governmental subdivision, must participate as members of the
association with retirement coverage by the public employees retirement plan or
the public employees police and fire retirement plan under this chapter, or the
local government correctional employees retirement plan under chapter 353E,
whichever applies,. Membership
commences as a condition of their employment on the first day of their employment
unless they or on the first day that the eligibility criteria are
met, whichever is later. Public
employees include but are not limited to:
(1) are
specifically excluded under subdivision 2b;
(2) do not
exercise their option to elect retirement coverage in the association as provided
in subdivision 2d, paragraph (a); or
(3) are
employees of the governmental subdivisions listed in subdivision 2d, paragraph
(b), where the governmental subdivision has not elected to participate as a
governmental subdivision covered by the association.
(1) persons
whose salary meets the threshold in this paragraph from employment in one or
more positions within one governmental subdivision;
(2) elected
county sheriffs;
(3) persons
who are appointed, employed, or contracted to perform governmental functions
that by law or local ordinance are required of a public officer, including, but
not limited to:
(i) town
and city clerk or treasurer;
(ii) county
auditor, treasurer, or recorder;
(iii) city manager as defined in section 353.028 who does not exercise
the option provided under subdivision 2d; or
(iv)
emergency management director, as provided under section 12.25;
(4)
physicians under section 353D.01, subdivision 2, who do not elect public
employees defined contribution plan coverage under section 353D.02, subdivision
2;
(5)
full-time employees of the Dakota County Agricultural Society; and
(6)
employees of the Minneapolis Firefighters Relief Association or Minneapolis
Police Relief Association who are not excluded employees under subdivision 2b
due to coverage by the relief association pension plan and who elected general
employee retirement plan coverage before August 20, 2009.
(b) A
public employee or elected official who was a member of the association
on June 30, 2002, based on employment that qualified for membership coverage by
the public employees retirement plan or the public employees police and fire
plan under this chapter, or the local government correctional employees
retirement plan under chapter 353E as of June 30, 2002, retains that membership
for the duration of the person's employment in that position or incumbency in
elected office. Except as provided in
subdivision 28, the person shall participate as a member until the employee or
elected official terminates public employment under subdivision 11a or
terminates membership under subdivision 11b.
(c) Public
employees under paragraph (a) include:
(1)
physicians under section 353D.01, subdivision 2, who do not elect public
employees defined contribution plan coverage under section 353D.02, subdivision
2;
(2)
full-time employees of the Dakota County Agricultural Society; and
(3)
employees of the Minneapolis Firefighters Relief Association or Minneapolis
Police Relief Association who are not excluded employees under subdivision 2b
due to coverage by the relief association pension plan and who elect Public
Employee Retirement Association general plan coverage under Laws 2009, chapter
169, article 12, section 10.
(c) If the
salary of an included public employee is less than $425 in any subsequent
month, the member retains membership eligibility.
EFFECTIVE DATE. This
section is effective July 1, 2010, except that the amendment to paragraph (a),
clause (3), applies to any person first appointed, elected, or contracted after
June 30, 2010.
Sec. 3. Minnesota Statutes 2008, section 353.01,
subdivision 2b, is amended to read:
Subd. 2b. Excluded
employees. (a) The following
public employees are not eligible to participate as members of the association
with retirement coverage by the public general employees
retirement plan, the local government correctional employees retirement plan
under chapter 353E, or the public employees police and fire retirement plan:
(1)
persons whose salary from one governmental subdivision never exceeds $425 in a
month;
(2) public
officers, other than county sheriffs, who are elected to a governing
body, city mayors, or persons who are appointed to fill a vacancy in an
elective office of a governing body, whose term of office commences on or after
July 1, 2002, for the service to be rendered in that elective position;
(2) (3)
election officers or election judges;
(3) (4)
patient and inmate personnel who perform services for a governmental
subdivision;
(4) (5)
except as otherwise specified in subdivision 12a, employees who are hired for a
temporary position as defined under subdivision 12a, and employees who resign
from a nontemporary position and accept a temporary position within 30 days in
the same governmental subdivision;
(5) (6)
employees who are employed by reason of work emergency caused by fire, flood,
storm, or similar disaster;
(6) (7)
employees who by virtue of their employment in one governmental subdivision are
required by law to be a member of and to contribute to any of the plans or
funds administered by the Minnesota State Retirement System, the Teachers
Retirement Association, the Duluth Teachers Retirement Fund Association, the St. Paul
Teachers Retirement Fund Association, the Minneapolis Employees Retirement
Fund, or any police or firefighters relief association governed by section
69.77 that has not consolidated with the Public Employees Retirement
Association, or any local police or firefighters consolidation account who have
not elected the type of benefit coverage provided by the public employees
police and fire fund under sections 353A.01 to 353A.10, or any persons covered
by section 353.665, subdivision 4, 5, or 6, who have not elected public
employees police and fire plan benefit coverage. This clause must not be construed to prevent
a person from being a member of and contributing to the Public Employees
Retirement Association and also belonging to and contributing to another public
pension plan or fund for other service occurring during the same period of time. A person who meets the definition of
"public employee" in subdivision 2 by virtue of other service
occurring during the same period of time becomes a member of the association
unless contributions are made to another public retirement fund on the salary
based on the other service or to the Teachers Retirement Association by a
teacher as defined in section 354.05, subdivision 2;
(7) (8)
persons who are members of a religious order and are excluded from coverage
under the federal Old Age, Survivors, Disability, and Health Insurance Program
for the performance of service as specified in United States Code, title 42,
section 410(a)(8)(A), as amended through January 1, 1987, if no irrevocable
election of coverage has been made under section 3121(r) of the Internal
Revenue Code of 1954, as amended;
(8) (9)
employees of a governmental subdivision who have not reached the age of 23 and
are enrolled on a full-time basis to attend or are attending classes on a
full-time basis at an accredited school, college, or university in an
undergraduate, graduate, or professional-technical program, or a public or
charter high school;
(9) (10)
resident physicians, medical interns, and pharmacist residents and pharmacist
interns who are serving in a degree or residency program in public hospitals or
clinics;
(10) (11)
students who are serving in an internship or residency program sponsored by an
accredited educational institution;
(11) (12)
persons who hold a part-time adult supplementary technical college license who
render part-time teaching service in a technical college;
(12) (13) except
for employees of Hennepin County or Hennepin Healthcare System, Inc., foreign
citizens working for who are employed by a governmental
subdivision with under a work permit of less than three years,
or an H-1b visa valid initially issued or extended for a
combined period less than three years of employment. Upon notice to the association that the
work permit or visa extends extension of the employment beyond the
three-year period, the foreign citizens must be reported for membership from
the date of the extension beginning the first of the month thereafter
provided the monthly earnings threshold as provided under subdivision 2a is met;
(13) (14)
public hospital employees who elected not to participate as members of the
association before 1972 and who did not elect to participate from July 1, 1988,
to October 1, 1988;
(14) (15)
except as provided in section 353.86, volunteer ambulance service personnel, as
defined in subdivision 35, but persons who serve as volunteer ambulance service
personnel may still qualify as public employees under subdivision 2 and may be
members of the Public Employees Retirement Association and participants in the public
general employees retirement fund plan or the public
employees police and fire fund plan, whichever applies, on the
basis of compensation received from public employment service other than
service as volunteer ambulance service personnel;
(15) (16)
except as provided in section 353.87, volunteer firefighters, as defined in
subdivision 36, engaging in activities undertaken as part of volunteer
firefighter duties; provided that, but a person who is a
volunteer firefighter may still qualify as a public employee under subdivision
2 and may be a member of the Public Employees Retirement Association and a
participant in the public general employees retirement fund
plan or the public employees police and fire fund plan,
whichever applies, on the basis of compensation received from public employment
activities other than those as a volunteer firefighter;
(16) (17) pipefitters
and associated trades personnel employed by Independent School District No. 625,
St. Paul, with coverage under a collective bargaining agreement by the
pipefitters local 455 pension plan who were either first employed after May 1,
1997, or, if first employed before May 2, 1997, elected to be excluded under
Laws 1997, chapter 241, article 2, section 12;
(17) (18)
electrical workers, plumbers, carpenters, and associated trades personnel who
are employed by Independent School District No. 625, St. Paul, or
the city of St. Paul, who have retirement coverage under a collective bargaining
agreement by the Electrical Workers Local 110 pension plan, the United
Association Plumbers Local 34 pension plan, or the pension plan applicable
to Carpenters Local 87 pension plan who were either first employed
after May 1, 2000, or, if first employed before May 2, 2000, elected to be
excluded under Laws 2000, chapter 461, article 7, section 5;
(18) (19) bricklayers,
allied craftworkers, cement masons, glaziers, glassworkers, painters, allied
tradesworkers, and plasterers who are employed by the city of St. Paul
or Independent School District No. 625, St. Paul, with coverage under
a collective bargaining agreement by the Bricklayers and Allied Craftworkers
Local 1 pension plan, the Cement Masons Local 633 pension plan, the Glaziers
and Glassworkers Local L-1324 pension plan, the Painters and Allied Trades
Local 61 pension plan, or the Twin Cities Plasterers Local 265 pension plan who
were either first employed after May 1, 2001, or if first employed before May
2, 2001, elected to be excluded under Laws 2001, First Special Session chapter
10, article 10, section 6;
(19) (20)
plumbers who are employed by the Metropolitan Airports Commission, with
coverage under a collective bargaining agreement by the Plumbers Local 34
pension plan, who either were first employed after May 1, 2001, or if
first employed before May 2, 2001, elected to be excluded under Laws 2001,
First Special Session chapter 10, article 10, section 6;
(20) (21)
employees who are hired after June 30, 2002, to fill seasonal positions under
subdivision 12b which are limited in duration by the employer to 185
consecutive calendar days or less in each year of employment with the
governmental subdivision;
(21) (22)
persons who are provided supported employment or work-study positions by a governmental
subdivision and who participate in an employment or industries program
maintained for the benefit of these persons where the governmental subdivision
limits the position's duration to three years or less, including persons
participating in a federal or state subsidized on-the-job training, work
experience, senior citizen, youth, or unemployment relief program where the
training or work experience is not provided as a part of, or for, future
permanent public employment;
(22) (23) independent
contractors and the employees of independent contractors; and
(23) (24)
reemployed annuitants of the association during the course of that reemployment.;
and
(25)
persons appointed to serve on a board or commission of a governmental
subdivision or an instrumentality thereof.
(b) Any
person performing the duties of a public officer in a position defined in
subdivision 2a, paragraph (a), clause (3), is not an independent contractor and
is not an employee of an independent contractor.
EFFECTIVE DATE. This section
is effective July 1, 2010, except that clause (25) is effective for persons
first appointed after June 30, 2010.
Sec. 4. Minnesota Statutes 2008, section 353.01,
subdivision 2d, is amended to read:
Subd. 2d. Optional
membership. (a) Membership in the
association is optional by action of the individual employee for the following
public employees who meet the conditions set forth in subdivision 2a:
(1) members
of the coordinated plan who are also employees of labor organizations as
defined in section 353.017, subdivision 1, for their employment by the labor
organization only, if they elect to have membership under section 353.017,
subdivision 2;
(2) persons
who are elected or persons who are appointed to elected positions other than
local governing body elected positions who elect to participate by filing a
written election for membership;
(3) members
of the association who are appointed by the governor to be a state department
head and who elect not to be covered by the general state employees retirement
plan of the Minnesota State Retirement System under section 352.021;
(4) city
managers as defined in section 353.028, subdivision 1, who do not elect to be
excluded from membership in the association under section 353.028, subdivision
2; and
(5)
employees of the Port Authority of the city of St. Paul on January 1,
2003, who were at least age 45 on that date, and who elected to participate by
filing a written election for membership.
(b)
Membership in the association is optional by action of the governmental
subdivision for the employees of the following governmental subdivisions under
the conditions specified:
(1) the
Minnesota Association of Townships if the board of that association, at its
option, certifies to the executive director that its employees who meet the
conditions set forth in subdivision 2a are to be included for purposes of
retirement coverage, in which case the status of the association as a
participating employer is permanent;
(2) a
county historical society if the county in which the historical society is
located, at its option, certifies to the executive director that the employees
of the historical society who meet the conditions set forth in subdivision 2a
are to be considered county employees for purposes of retirement coverage under
this chapter. The status as a county
employee must be accorded to all similarly situated county historical society
employees and, once established, must continue as long as a person is an
employee of the county historical society; and
(3) Hennepin
Healthcare System, Inc., a public corporation, with respect to employees other
than paramedics, emergency medical technicians, and protection officers, if the
corporate board establishes alternative retirement plans for certain classes of
employees of the corporation and certifies to the association the applicable
employees to be excluded from future retirement coverage.
(c) For
employees who are covered by paragraph (a), clause (1), (2), or (3), or covered
by paragraph (b), clause (1) or (2), if the necessary membership election is
not made, the employee is excluded from retirement coverage under this chapter. For employees who are covered by paragraph
(a), clause (4), if the necessary election is not made, the employee must
become a member and have retirement coverage under the applicable provisions
of this chapter. For employees
specified in paragraph (b), clause (3), membership continues until the
exclusion option is exercised for the designated class of employee.
(d) The option
to become a member, once exercised under this subdivision, may not be withdrawn
until the termination of public service as defined under subdivision 11a.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 5. Minnesota Statutes 2009 Supplement, section
353.01, subdivision 16, is amended to read:
Subd. 16. Allowable
service; limits and computation. (a)
"Allowable service" means:
(1) service
during years of actual membership in the course of which employee deductions
were withheld from salary and contributions were made at the applicable rates
under section 353.27, 353.65, or 353E.03;
(2) periods
of service covered by payments in lieu of salary deductions under sections
353.27, subdivision 12, and 353.35;
(3) service
in years during which the public employee was not a member but for which the
member later elected, while a member, to obtain credit by making payments to
the fund as permitted by any law then in effect;
(4) a
period of authorized leave of absence with pay from which deductions for
employee contributions are made, deposited, and credited to the fund;
(5) a
period of authorized personal, parental, or medical leave of absence without
pay, including a leave of absence covered under the federal Family Medical
Leave Act, that does not exceed one year, and for which a member obtained
service credit for each month in the leave period by payment under section
353.0161 to the fund made in place of salary deductions. An employee must return to public service and
render a minimum of three
months of
allowable service in order to be eligible to make payment under section
353.0161 for a subsequent authorized leave of absence without pay. Upon payment, the employee must be granted
allowable service credit for the purchased period;
(6) a
periodic, repetitive leave that is offered to all employees of a governmental
subdivision. The leave program may not
exceed 208 hours per annual normal work cycle as certified to the association
by the employer. A participating member
obtains service credit by making employee contributions in an amount or amounts
based on the member's average salary, excluding overtime pay, that would
have been paid if the leave had not been taken.
The employer shall pay the employer and additional employer contributions
on behalf of the participating member. The
employee and the employer are responsible to pay interest on their respective
shares at the rate of 8.5 percent a year, compounded annually, from the end of
the normal cycle until full payment is made.
An employer shall also make the employer and additional employer
contributions, plus 8.5 percent interest, compounded annually, on behalf of an
employee who makes employee contributions but terminates public service. The employee contributions must be made
within one year after the end of the annual normal working cycle or within 30
days after termination of public service, whichever is sooner. The executive director shall prescribe the
manner and forms to be used by a governmental subdivision in administering a
periodic, repetitive leave. Upon
payment, the member must be granted allowable service credit for the purchased
period;
(7) an
authorized temporary or seasonal layoff under subdivision 12, limited to three
months allowable service per authorized temporary or seasonal layoff in one
calendar year. An employee who has
received the maximum service credit allowed for an authorized temporary or
seasonal layoff must return to public service and must obtain a minimum of
three months of allowable service subsequent to the layoff in order to receive
allowable service for a subsequent authorized temporary or seasonal layoff;
(8) a
period during which a member is absent from employment by a governmental
subdivision by reason of service in the uniformed services, as defined in
United States Code, title 38, section 4303(13), if the member returns to public
service with the same governmental subdivision upon discharge from service in
the uniformed service within the time frames required under United States Code,
title 38, section 4312(e), provided that the member did not separate from
uniformed service with a dishonorable or bad conduct discharge or under other
than honorable conditions. The service is
must be credited if the member pays into the fund equivalent employee
contributions based upon the contribution rate or rates in effect at the time
that the uniformed service was performed multiplied by the full and fractional
years being purchased and applied to the annual salary rate. The annual salary rate is the average annual
salary, excluding overtime pay, during the purchase period that the
member would have received if the member had continued to be employed in
covered employment rather than to provide uniformed service, or, if the
determination of that rate is not reasonably certain, the annual salary rate is
the member's average salary rate, excluding overtime pay, during the
12-month period of covered employment rendered immediately preceding the period
of the uniformed service. Payment of the
member equivalent contributions must be made during a period that begins with
the date on which the individual returns to public employment and that is three
times the length of the military leave period, or within five years of the date
of discharge from the military service, whichever is less. If the determined payment period is less than
one year, the contributions required under this clause to receive service
credit may be made within one year of the discharge date. Payment may not be accepted following 30 days
after termination of public service under subdivision 11a. If the member equivalent contributions
provided for in this clause are not paid in full, the member's allowable
service credit must be prorated by multiplying the full and fractional number
of years of uniformed service eligible for purchase by the ratio obtained by
dividing the total member contributions received by the total member
contributions otherwise required under this clause. The equivalent employer contribution, and, if
applicable, the equivalent additional employer contribution must be paid by the
governmental subdivision employing the member if the member makes the
equivalent employee contributions. The
employer payments must be made from funds available to the employing unit,
using the employer and additional employer contribution rate or rates in effect
at the time that the uniformed service was performed, applied to the same
annual salary rate or rates used to compute the equivalent member contribution. The governmental subdivision involved may
appropriate money for those payments. The
amount of service credit
obtainable
under this section may not exceed five years unless a longer purchase period is
required under United States Code, title 38, section 4312. The employing unit shall pay interest on all
equivalent member and employer contribution amounts payable under this clause. Interest must be computed at a rate of 8.5
percent compounded annually from the end of each fiscal year of the leave or
the break in service to the end of the month in which the payment is received. Upon payment, the employee must be granted
allowable service credit for the purchased period; or
(9) a
period specified under subdivision 40.
(b) For calculating
benefits under sections 353.30, 353.31, 353.32, and 353.33 for state officers
and employees displaced by the Community Corrections Act, chapter 401, and
transferred into county service under section 401.04, "allowable
service" means the combined years of allowable service as defined in
paragraph (a), clauses (1) to (6), and section 352.01, subdivision 11.
(c) For a
public employee who has prior service covered by a local police or firefighters
relief association that has consolidated with the Public Employees Retirement
Association or to which section 353.665 applies, and who has elected the type
of benefit coverage provided by the public employees police and fire fund
either under section 353A.08 following the consolidation or under section 353.665,
subdivision 4, "applicable service" is a period of service credited
by the local police or firefighters relief association as of the effective date
of the consolidation based on law and on bylaw provisions governing the relief
association on the date of the initiation of the consolidation procedure.
(d) No
member may receive more than 12 months of allowable service credit in a year
either for vesting purposes or for benefit calculation purposes.
(e) MS 2002
[Expired]
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2008, section 353.0161,
subdivision 2, is amended to read:
Subd. 2. Purchase
procedure. (a) An employee covered
by a plan specified in subdivision 1 may purchase credit for allowable service
in that plan for a period specified in subdivision 1 if the employee makes a
payment as specified in paragraph (b) or (c), whichever applies. The employing unit, at its option, may pay
the employer portion of the amount specified in paragraph (b) on behalf of its
employees.
(b) If
payment is received by the executive director within one year from the date the
member returned to work following the authorized leave, or within 30 days after
the date of termination of public service if the member did not return to work,
the payment amount is equal to the employee and employer contribution rates
specified in law for the applicable plan at the end of the leave period, or at
termination of public service, whichever is earlier, multiplied by the employee's
average monthly salary, excluding overtime, upon which deductions were
paid during the six months, or portion thereof, before the commencement of the
leave of absence and by the number of months of the leave of absence for which
the employee wants allowable service credit.
Payments made under this paragraph must include compound interest at a
monthly rate of 0.71 percent from the last day of the leave period until the
last day of the month in which payment is received.
(c) If
payment is received by the executive director after one year, the payment
amount is the amount determined under section 356.551. Payment under this paragraph must be made
before the date the person terminates public service under section 353.01,
subdivision 11a.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. [353.0162]
REDUCED SALARY PERIODS SALARY CREDIT PURCHASE.
(a) A
member may purchase additional salary credit for a period specified in this
section.
(b) The
applicable period is a period during which the member is receiving a reduced
salary from the employer while the member is:
(1)
receiving temporary workers' compensation payments related to the member's
service to the public employer;
(2) on an
authorized medical leave of absence; or
(3) on an
authorized partial paid leave of absence as a result of a budgetary or salary
savings program offered or mandated by a governmental subdivision.
(c) The
differential salary amount is the difference between the average monthly salary
received by the member during the period of reduced salary under this section
and the average monthly salary of the member, excluding overtime, on which
contributions to the applicable plan were made during the period of the last
six months of covered employment occurring immediately before the period of
reduced salary, applied to the member's normal employment period, measured in
hours or otherwise, as applicable.
(d) To
receive eligible salary credit, the member shall pay an amount equal to:
(1) the applicable
employee contribution rate under section 353.27, subdivision 2; 353.65,
subdivision 2; or 353E.03, subdivision 1, as applicable, multiplied by the
differential salary amount;
(2) plus an
employer equivalent payment equal to the applicable employer contribution rate
in section 353.27, subdivision 3; 353.65, subdivision 3; or 353E.03,
subdivision 2, as applicable, multiplied by the differential salary amount;
(3) plus,
if applicable, an equivalent employer additional amount equal to the additional
employer contribution rate in section 353.27, subdivision 3a, multiplied by the
differential salary amount.
(e) The
employer, by appropriate action of its governing body and documented in its
official records, may pay the employer equivalent contributions and, as
applicable, the equivalent employer additional contributions on behalf of the
member.
(f) Payment
under this section must include interest on the contribution amount or amounts,
whichever applies, at an 8.5 percent annual rate, prorated for applicable
months from the date on which the period of reduced salary specified under this
section terminates to the date on which the payment or payments are received by
the executive director. Payment under
this section must be completed within the earlier of 30 days from termination
of public service by the employee under section 353.01, subdivision 11a, or one
year after the termination of the period specified in paragraph (b), as further
restricted under this section.
(g) The
period for which additional allowable salary credit may be purchased is limited
to the period during which the person receives temporary workers' compensation
payments or for those business years in which the governmental subdivision
offers or mandates a budget or salary savings program, as certified to the
executive director by a resolution of the governing body of the governmental
subdivision. For an authorized medical
leave of absence, the period for which allowable salary credit may be purchased
may not exceed 12 consecutive months of authorized medical leave.
(h) To
purchase salary credit for a subsequent period of temporary workers'
compensation benefits or subsequent authorized medical leave of absence, the
member must return to public service and render a minimum of three months of
allowable service.
EFFECTIVE DATE. This
section is effective July 1, 2010. Purchase
of reduced salary credit may be made for a period mandated or offered by a
governmental subdivision for purposes of budget or salary savings on or after
July 1, 2009.
Sec. 8. Minnesota Statutes 2008, section 353.03,
subdivision 1, is amended to read:
Subdivision
1. Management;
composition; election. (a) The
management of the public employees retirement fund is vested in an 11-member
board of trustees consisting of ten members and the state auditor. The state auditor may designate a deputy
auditor with expertise in pension matters as the auditor's representative on
the board. The governor shall appoint
five trustees to four-year terms, one of whom shall be designated to represent
school boards, one to represent cities, one to represent counties, one who is a
retired annuitant, and one who is a public member knowledgeable in pension
matters. The membership of the
association, including recipients of retirement annuities and disability and
survivor benefits, shall elect five trustees for terms of four years, one of
whom must be a member of the police and fire fund and one of whom must be a
former member who met the definition of public employee under section 353.01,
subdivisions 2 and 2a, for at least five years prior to terminating membership and
who is receiving a retirement annuity or a member who receives a disability
benefit. Terms expire on January 31 of
the fourth year, and positions are vacant until newly elected members are
seated. Except as provided in this
subdivision, trustees elected by the membership of the association must be
public employees and members of the association.
(b) For
seven days beginning October 1 of each year preceding a year in which an
election is held, the association shall accept at its office filings in
person or by mail of candidates for the board of trustees. A candidate shall submit at the time of
filing a nominating petition signed by 25 or more members of the association. No name may be withdrawn from nomination by
the nominee after October 15. At the
request of a candidate for an elected position on the board of trustees, the
board shall mail provide a statement of up to 300 words prepared
by the candidate to all persons eligible to vote in the election of the
candidate. The board may adopt policies,
subject to review and approval by the secretary of state under paragraph (e),
and procedures to govern the form and length of these statements,
and the timing of mailings, and deadlines for submitting
materials to be mailed. The secretary
of state shall resolve disputes between the board and a candidate concerning
application of these policies to a particular statement distributed to
the eligible voters.
(c) By January
10 of each year in which elections are to be held, the board shall distribute by
mail to the members ballots listing eligible voters the
instructions and materials necessary to vote for the candidates seeking
terms on the board of trustees. Eligible
voters are the members, retirees, and other benefit recipients. No member voter may vote for
more than one candidate for each board position to be filled. A ballot indicating a vote for more
than one person for any position is void.
No special marking may be used on the ballot to indicate
incumbents. Ballots Votes cast
by using paper ballots mailed to the association must be postmarked no
later than January 31. Votes cast by
using telephone or other electronic means authorized under the board's procedures
must be entered by the end of the day on January 31. The ballot envelopes must be so designated
and the ballots must be counted in a manner that ensures design of the
voting response media must ensure that each voter's vote is secret.
(d) A
candidate who receives contributions or, who makes expenditures
in excess of $100, or who has given implicit or explicit consent for any
other person to receive contributions or make expenditures in excess of $100
for the purpose of bringing about the candidate's election, shall file a
report with the campaign finance and public disclosure board disclosing the
source and amount of all contributions to the candidate's campaign. The campaign finance and public disclosure
board shall prescribe forms governing these disclosures. Expenditures and contributions have the
meaning defined in section 10A.01. These
terms do not include the mailing any distribution made by the
association board on behalf of the candidate.
A candidate shall file a report within 30 days from the
day that
the results of the election are announced.
The Campaign Finance and Public Disclosure Board shall maintain these
reports and make them available for public inspection in the same manner as the
board maintains and makes available other reports filed with it.
(e) The
secretary of state shall review and approve comment on the
procedures defined by the board of trustees for conducting the elections
specified in this subdivision, including board policies adopted under paragraph
(b).
(f) The
board of trustees and the executive director shall undertake their activities
consistent with chapter 356A.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2008, section 353.27,
subdivision 4, is amended to read:
Subd. 4. Employer
reporting requirements; contributions; member status. (a) A representative authorized by the
head of each department shall deduct employee contributions from the salary of
each public employee who qualifies for membership under this chapter and
or chapter 353D or 353E at the rate under section 353.27, 353.65, 353D.03,
or 353E.03, whichever is applicable, that is in effect on the date the salary
is paid. The employer representative
must also remit payment in a manner prescribed by the executive director
for the aggregate amount of the employee contributions, and the required
employer contributions and the additional employer contributions to be
received by the association within 14 calendar days after each pay
date. If the payment is less than the
amount required, the employer must pay the shortage amount to the association
and collect reimbursement of any employee contribution shortage paid on behalf
of a member through subsequent payroll withholdings from the wages of the
employee. Payment of shortages in
employee contributions and associated employer contributions, if applicable,
must include interest at the rate specified in section 353.28, subdivision 5,
if not received within 30 days following the date the amount was initially due
under this section.
(b) The head of
each department or the person's designee shall submit for each pay
period submit to the association a salary deduction report in the format
prescribed by the executive director. The
report must be received by the association within 14 calendar days after each
pay date or the employer may be assessed a fine of $5 per calendar day until
the association receives the required data.
Data required to be submitted as part of salary deduction
reporting must include, but are not limited to:
(1) the
legal names and Social Security numbers of employees who are members;
(2) the
amount of each employee's salary deduction;
(3) the
amount of salary defined in section 353.01, subdivision 10, earned in the
pay period from which each deduction was made and the salary amount
earned by a reemployed annuitant under section 353.37, subdivision 1, or
353.371, subdivision 1, or by a disabled member under section 353.33,
subdivision 7 or 7a;
(4) the
beginning and ending dates of the payroll period covered and the date of actual
payment; and
(5)
adjustments or corrections covering past pay periods as authorized by the
executive director.
(b) (c) Employers
must furnish the data required for enrollment for each new or reinstated
employee who qualifies for membership in the format prescribed by the executive
director. The required enrollment data
on new employees members must be submitted to the association
prior to or concurrent with the submission of the initial employee salary
deduction. Also, the employer
shall also report to the association all member employment status
changes, such as leaves of absence, terminations, and death, and shall report
the effective dates of those changes, on an ongoing basis for the payroll cycle
in which they occur. If an employer
fails to comply with the reporting requirements under this paragraph, the
executive director may assess a fine of $25 for each failure if the association
staff has notified the employer of the noncompliance and attempted to obtain
the missing data or form from the employer for a period of more than three
months.
(d) The
employer shall furnish data, forms, and reports as may be required by the
executive director for proper administration of the retirement system. Before implementing new or different
computerized reporting requirements, the executive director shall give
appropriate advance notice to governmental subdivisions to allow time for
system modifications.
(c) (e) Notwithstanding
paragraph (a), the association may provide for less frequent reporting and
payments for small employers.
(f) The
executive director may establish reporting procedures and methods as required
to review compliance by employers with the salary and contribution reporting
requirements in this chapter. A review
of the payroll records of a participating employer may be conducted by the
association on a periodic basis or as a result of concerns known to exist
within a governmental subdivision. An
employer under review must extract requested data and provide records to the
association after receiving reasonable advanced notice. Failure to provide requested information or
materials will result in the employer being liable to the association for any
expenses associated with a field audit, which may include staff salaries,
administrative expenses, and travel expenses.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2009 Supplement, section
353.27, subdivision 7, is amended to read:
Subd. 7. Adjustment
for erroneous receipts or disbursements.
(a) Except as provided in paragraph (b), erroneous employee
deductions and erroneous employer contributions and additional employer
contributions for a person, who otherwise does not qualify for
membership under this chapter, are considered:
(1) valid if
the initial erroneous deduction began before January 1, 1990. Upon determination of the error by the
association, the person may continue membership in the association while
employed in the same position for which erroneous deductions were taken, or
file a written election to terminate membership and apply for a refund upon
termination of public service or defer an annuity under section 353.34; or
(2) invalid,
if the initial erroneous employee deduction began on or after January 1, 1990. Upon determination of the error, the
association shall refund all erroneous employee deductions and all erroneous
employer contributions as specified in paragraph (e). No person may claim a right to continued or
past membership in the association based on erroneous deductions which began on
or after January 1, 1990.
(b)
Erroneous deductions taken from the salary of a person who did not qualify for
membership in the association by virtue of concurrent employment before July 1,
1978, which required contributions to another retirement fund or relief
association established for the benefit of officers and employees of a
governmental subdivision, are invalid. Upon
discovery of the error, the association shall remove allowable
service credit for all invalid service if forfeited and, upon
termination of public service, the association shall refund all erroneous
employee deductions to the person, with interest as determined under section
353.34, subdivision 2, and all erroneous employer contributions without
interest to the employer. This paragraph
has both retroactive and prospective application.
(c)
Adjustments to correct employer contributions and employee deductions taken in
error from amounts which are not salary under section 353.01, subdivision 10,
must be made as specified in paragraph (e).
The period of adjustment must be limited to the fiscal year in which the
error is discovered by the association and the immediate two preceding fiscal
years.
(d) If there
is evidence of fraud or other misconduct on the part of the employee or the
employer, the board of trustees may authorize adjustments to the account of a
member or former member to correct erroneous employee deductions and employer
contributions on invalid salary and the recovery of any overpayments for a
period longer than provided for under paragraph (c).
(e) Upon
discovery of the receipt of erroneous employee deductions and employer
contributions under paragraph (a), clause (2), or paragraph (c), the
association must require the employer to discontinue the erroneous employee
deductions and erroneous employer contributions reported on behalf of a member. Upon discontinuation, the association must:
(1) for a
member, provide a refund or credit to the employer in the amount of the
invalid employee deductions with interest on the invalid employee deductions at
the rate specified under section 353.34, subdivision 2, from the received date
of each invalid salary transaction through the date the credit or refund is
made; and the employer must pay the refunded employee deductions plus
interest to the member;
(2) for a
former member who:
(i) is not
receiving a retirement annuity or benefit, return the erroneous employee
deductions to the former member through a refund with interest at the rate
specified under section 353.34, subdivision 2, from the received date of each
invalid salary transaction through the date the credit or refund is made; or
(ii) is
receiving a retirement annuity or disability benefit, or a person who is
receiving an optional annuity or survivor benefit, for whom it has been
determined an overpayment must be recovered, adjust the payment amount and
recover the overpayments as provided under this section; and
(3) return
the invalid employer contributions reported on behalf of a member or former
member to the employer by providing a credit against future contributions
payable by the employer.
(f) In the
event that a salary warrant or check from which a deduction for the retirement
fund was taken has been canceled or the amount of the warrant or check returned
to the funds of the department making the payment, a refund of the sum
deducted, or any portion of it that is required to adjust the deductions, must
be made to the department or institution.
(g) If the
accrual date of any retirement annuity, survivor benefit, or disability benefit
is within the limitation period specified in paragraph (c), and an overpayment
has resulted by using invalid service or salary, or due to any erroneous
calculation procedure, the association must recalculate the annuity or benefit
payable and recover any overpayment as provided under subdivision 7b.
(h)
Notwithstanding the provisions of this subdivision, the association may apply
the Revenue Procedures defined in the federal Internal Revenue Service Employee
Plans Compliance Resolution System and not issue a refund of erroneous employee
deductions and employer contributions or not recover a small overpayment of benefits
if the cost to correct the error would exceed the amount of the member refund
or overpayment.
(i) Any
fees or penalties assessed by the federal Internal Revenue Service for any
failure by an employer to follow the statutory requirements for reporting eligible
members and salary must be paid by the employer.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2008, section 353.27,
subdivision 10, is amended to read:
Subd. 10. Employer
exclusion reports. (a) The
head of a department shall annually furnish the executive director with an
exclusion report listing only those employees in potentially PERA-eligible
positions who were not reported as members of the association and who worked
during the school year for school employees and calendar year for nonschool
employees. The department head must
certify the accuracy and completeness of the exclusion report to the
association. The executive director
shall prescribe the manner and forms, including standardized exclusion codes,
to be used by a governmental subdivision in preparing and filing exclusion
reports. Also, the
executive
director shall also check the exclusion report to ascertain whether any
omissions have been made by a department head in the reporting of new public
employees for membership. The executive
director may delegate an association employee under section 353.03, subdivision
3a, paragraph (b), clause (5), to conduct a field audit to review the payroll
records of a governmental subdivision.
(b) If an
employer fails to comply with the reporting requirements under this
subdivision, the executive director may assess a fine of $25 for each failure
if the association staff has notified the employer of the noncompliance and
attempted to obtain the missing data or form from the employer for a period of
more than three months.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 12. Minnesota Statutes 2009 Supplement, section
353.371, subdivision 4, is amended to read:
Subd. 4. Duration. Postretirement option employment shall
may be for an initial period not to exceed one year. At the end of the initial period, the
governing body has sole discretion to determine if the offer of a
postretirement option position will be renewed, renewed with modifications, or
terminated. Postretirement option
employment may be renewed annually, but may not be renewed after the
individual attains retirement age as defined in United States Code, title 42,
section 416(l) no more than four renewals may occur.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 13. Minnesota Statutes 2008, section 353D.01,
subdivision 2, is amended to read:
Subd. 2. Eligibility. (a) Eligibility to participate in the
defined contribution plan is available to:
(1) elected
local government officials of a governmental subdivision who elect to
participate in the plan under section 353D.02, subdivision 1, and who, for the
elected service rendered to a governmental subdivision, are not members of the
Public Employees Retirement Association within the meaning of section 353.01,
subdivision 7;
(2)
physicians who, if they did not elect to participate in the plan under section
353D.02, subdivision 2, would meet the definition of member under section
353.01, subdivision 7;
(3) basic
and advanced life-support emergency medical service personnel who are
employed by any public ambulance service that elects to participate under
section 353D.02, subdivision 3;
(4) members
of a municipal rescue squad associated with the city of Litchfield in
Meeker County, or of a county rescue squad associated with Kandiyohi County, if
an independent nonprofit rescue squad corporation, incorporated under chapter
317A, performing emergency management services, and if not affiliated with a
fire department or ambulance service and if its members are not eligible for
membership in that fire department's or ambulance service's relief association
or comparable pension plan;
(5) employees
of the Port Authority of the city of St. Paul who elect to participate in
the plan under section 353D.02, subdivision 5, and who are not members of the
Public Employees Retirement Association under section 353.01, subdivision 7;
(6) city
managers who elected to be excluded from the general employees retirement plan
of the Public Employees Retirement Association under section 353.028 and who
elected to participate in the public employees defined contribution plan under
section 353.028, subdivision 3, paragraph (b); and
(7)
volunteer or emergency on-call firefighters serving in a municipal fire
department or an independent nonprofit firefighting corporation who are not
covered by the public employees police and fire retirement plan and who are not
covered by a volunteer firefighters relief association and who elect to
participate in the public employees defined contribution plan.;
(8) elected
county sheriffs who are former members of the police and fire plan and who are
receiving a retirement annuity as provided under section 353.651; and
(9) persons
who are excluded from membership under section 353.01, subdivision 2b,
paragraph (a), clause (25).
(b) For
purposes of this chapter, an elected local government official includes a
person appointed to fill a vacancy in an elective office. Service as an elected local government
official only includes service for the governmental subdivision for which the
official was elected by the public at large.
Service as an elected local government official ceases and eligibility
to participate terminates when the person ceases to be an elected official. An elected local government official does not
include an elected county sheriff who must be a member of the police and
fire plan as provided under chapter 353.
(c) Individuals
otherwise eligible to participate in the plan under this subdivision who are
currently covered by a public or private pension plan because of their
employment or provision of services are not eligible to participate in the
public employees defined contribution plan.
(d) A
former participant is a person who has terminated eligible employment or
service and has not withdrawn the value of the person's individual account.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 14. Minnesota Statutes 2008, section 353D.03,
subdivision 1, is amended to read:
Subdivision
1. Local
government official contribution Contributions for eligible participants. An (a) The following classes of
eligible elected local government official participants who elects
elect to participate in the public employees defined contribution plan under
section 353D.02 shall contribute an amount equal to five percent of salary
as defined in section 353.01, subdivision 10. A participating:
(1) elected
local government official's officials;
(2)
physicians; and
(3) persons
who are excluded from membership under section 353.01, subdivision 2b, clause
(25).
(b) A
participant's governmental subdivision shall contribute a matching amount.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 15. Minnesota Statutes 2008, section 353D.04,
subdivision 1, is amended to read:
Subdivision
1. Crediting
of account contributions
to participant accounts. (a) Contributions
made by or on behalf of a participating elected local government official or
physician participant under section 353D.03, subdivisions 1, 5, and 6,
paragraph (a), must be remitted to the Public Employees Retirement
Association and credited to the individual account established for the
participant. Ambulance service
(b) Contributions
as provided under section 353D.03, subdivisions 3, and 6, paragraph (b),
must be remitted on a regular basis to the association together with any member
contributions paid or withheld. Those
contributions must be credited to the individual account of each participating
member.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 16. Minnesota Statutes 2008, section 353D.04,
subdivision 2, is amended to read:
Subd. 2. Authority
to adopt policies correcting
erroneous contributions. The
executive director may adopt policies and procedures regarding deductions taken
totally or partially in error by the employer from the salary of an elected
official.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 17. Minnesota Statutes 2009 Supplement, section
353F.02, subdivision 4, is amended to read:
Subd. 4. Medical
facility. "Medical
facility" means:
(1) Bridges
Medical Services;
(2) the
City of Cannon Falls Hospital;
(3) the
Chris Jenson Health and Rehabilitation Center in St. Louis County;
(4) Clearwater
County Memorial Hospital doing business as Clearwater Health Services in
Bagley;
(4) (5)
the Dassel Lakeside Community Home;
(6) the
Douglas County Hospital, with respect to the Mental Health Unit;
(5) (7)
the Fair Oaks Lodge, Wadena;
(6) (8)
the Glencoe Area Health Center;
(7) (9)
Hutchinson Area Health Care;
(8) (10)
the Lakefield Nursing Home;
(9) (11)
the Lakeview Nursing Home in Gaylord;
(10) (12)
the Luverne Public Hospital;
(11) (13)
the Oakland Park Nursing Home;
(12) (14)
the RenVilla Nursing Home;
(13) (15)
the Rice Memorial Hospital in Willmar, with respect to the Department of
Radiology and the Department of Radiation/Oncology;
(14) (16)
the St. Peter Community Health Care Center;
(15) (17)
the Waconia-Ridgeview Medical Center;
(16) (18)
the Weiner Memorial Medical Center, Inc.; and
(19) the
Wheaton Community Hospital; and
(17) (20) the
Worthington Regional Hospital.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2008, section 353F.025,
subdivision 1, is amended to read:
Subdivision
1. Eligibility
determination. (a) The chief
clerical officer of a governmental subdivision may submit a resolution from the
governing body to the executive director of the Public Employees Retirement
Association which supports providing coverage under this chapter for employees
of that governmental subdivision who are privatized, and which states that the
governing body will pay for actuarial calculations, as further specified in
paragraph (c).
(b) The
governing body must also provide a copy of any applicable purchase or lease
agreement and any other information requested by the executive director to
allow the executive director to verify that under the proposed employer change,
the new employer does not qualify as a governmental subdivision under section
353.01, subdivision 6, making the employees ineligible for continued coverage
as active members of the general employees retirement plan of the Public
Employees Retirement Association.
(c)
Following receipt of a resolution and a determination by the executive director
that the new employer is not a governmental subdivision, the executive director
shall direct the consulting actuary retained under section 356.214 to determine
whether the general employees retirement plan of the Public Employees
Retirement Association, if coverage under this chapter is provided, is
expected to receive a net gain or a net loss if privatization occurs,
by determining whether. A net
gain is expected if the actuarial liability of the special benefit coverage
provided under this chapter, if extended to the applicable employees under the
privatization, is less than the actuarial gain otherwise to accrue to the plan. A net loss is expected if the actuarial
accrued liability of the special benefit coverage provided under this chapter,
if extended to the applicable employees under the privatization, is more than
the actuarial gain otherwise to accrue to the plan. The date of the actuarial calculations used
to make this determination must be within one year of the effective date, as
defined in section 353F.02, subdivision 3.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 19. Minnesota Statutes 2008, section 353F.025,
subdivision 2, is amended to read:
Subd. 2. Recommendation
to legislature. (a) If the actuarial
calculations under subdivision 1, paragraph (c), indicate that a net gain to
the general employees retirement plan of the Public Employees Retirement
Association is expected due to the privatization, or if paragraph (c)
applies, the executive director shall forward a recommendation and
supporting documentation to the chair of the Legislative Commission on Pensions
and Retirement, the chair of the Governmental Operations, Reform, Technology
and Elections Committee of the house of representatives, the chair of the State
and Local Government Operations and Oversight Committee of the senate, and the
executive director of the Legislative Commission on Pensions and Retirement. The recommendation must be in the form of an
addition to the definition of "medical facility" under section
353F.02, subdivision 4, or to "other public employing unit" under
section 353F.02, subdivision 5, whichever is applicable. The recommendation must be forwarded to the
legislature before January 15 for the recommendation to be considered in that
year's legislative session. The
recommendation may be included as part of public pension administrative
legislation under section 356B.05.
(b) If a
medical facility or other public employing unit listed under section 353F.02,
subdivision 4 or 5, fails to privatize within one year of the final enactment
date of the legislation adding the entity to the applicable definition, its
inclusion under this chapter is voided, and the executive director shall
include in the subsequent proposed legislation under paragraph (a) a
recommendation that the applicable entity be stricken from the definition.
(c) If the
calculations under subdivision 1, paragraph (c), indicate a net loss, the
executive director shall forward a recommendation that the privatization be
included as an addition under paragraph (a) if the chief clerical officer of
the applicable governmental subdivision submits a resolution from the governing
body specifying that a lump sum payment will be made to the executive director
equal to the net loss, plus interest. The
interest must be computed using the applicable preretirement interest rate
assumption under section 356.215, subdivision 8, expressed as a monthly rate,
from the date of the actuarial valuation from which the actuarial accrued
liability data was used to determine the net loss in the actuarial study under
subdivision 1, to the date of payment, with annual compounding. Payment must be made on or after the
effective date defined under section 353F.02.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 20. Minnesota Statutes 2008, section 356.96,
subdivision 2, is amended to read:
Subd. 2. Right
to review. A determination made by
the administration chief administrative officer of a covered
pension plan regarding a person's eligibility, benefits, or other rights under
the plan with which the person does not agree is subject to review under this
section.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2008, section 356.96,
subdivision 3, is amended to read:
Subd. 3. Notice
of determination. If the applicable
chief administrative officer denies an application or a written request,
modifies a benefit, or terminates a benefit of a person claiming a right or
potential rights under a covered pension plan, the chief administrative officer
shall notify that person through a written notice containing:
(1) a
statement of the reasons for the determination;
(2) a
notice that the person may petition the governing board of the covered pension
plan for a review of the determination and that a person's petition for review
must be filed in the administrative office of the covered pension plan within
60 days of the receipt of the written notice of the determination;
(3) a
statement indicating that a failure to petition for review within 60 days
precludes the person from contesting in any other administrative review or
court procedure the issues determined by the chief administrative officer;
(4) a
statement indicating that all relevant materials, documents, affidavits, and
other records that the person wishes to be reviewed in support of the petition
must be filed with and received in the administrative office of the covered
pension plan at least 30 15 days before the date of the hearing
under subdivision 10; and
(5) a copy
summary of this section, including all filing requirements and
deadlines.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2009 Supplement, section
356.96, subdivision 5, is amended to read:
Subd. 5. Petition
for review. (a) A person who claims
a right under subdivision 2 may petition for a review of that decision by the
governing board of the covered pension plan.
(b) A
petition under this section must be sent to the chief administrative officer by
mail and must be postmarked no later than 60 days after the person received the
notice required by subdivision 3. The
petition must include the person's statement of the reason or reasons that the
person believes the decision of the chief administrative officer
should be
reversed or modified. The petition may
include all documentation and written materials that the petitioner deems to be
relevant. In developing a record for
review by the board when a decision is appealed, the executive director chief
administrative officer may direct that the applicant participate in a
fact-finding session conducted by an administrative law judge assigned by the
Office of Administrative Hearings and, as applicable, participate in a
vocational assessment conducted by a qualified rehabilitation counselor on
contract with the applicable retirement system.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2008, section 356.96,
subdivision 7, is amended to read:
Subd. 7. Notice
of hearing. (a) After receiving a
petition, and not less than 30 calendar days from the date of the next
regular board meeting, the chief administrative officer must schedule a
timely review of the petition before the governing board of the covered pension
plan. The review must be scheduled to
take into consideration any necessary accommodations to allow the petitioner to
participate in the governing board's review.
(b) Not
less than 15 30 calendar days before the scheduled hearing date,
the chief administrative officer must provide by mail to the petitioner an
acknowledgment of the receipt of the person's petition and a follow-up notice
of the time and place of the meeting at which the governing board is scheduled
to consider the petition and must provide a copy of all relevant documents,
evidence, summaries, and recommendations assembled by or on behalf of the plan
administration to be considered by the governing board.
(c) Except
as provided in subdivision 8, paragraph (c), All documents and materials
that the petitioner wishes to be part of the record for review must be filed
with the chief administrative officer and must be received in the offices of
the covered pension plan at least 30 15 days before the date of
the meeting at which the petition is scheduled to be heard.
(d) A
petitioner, may request a continuance of a scheduled hearing if the
request is received by the chief administrative officer within ten calendar
days of the scheduled date of the applicable board meeting, may request a
continuance on a scheduled petition.
The chief administrative officer must reschedule the review within 60
days of the date of the continuance request a reasonable time. Only one continuance may be granted to any
petitioner.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2008, section 356.96,
subdivision 8, is amended to read:
Subd. 8. Record
for review. (a) All evidence,
including all records, documents, and affidavits in the possession of the
covered pension plan of which the covered pension plan desires to avail itself
and be considered by the governing board, and all evidence which the petitioner
wishes to present to the governing board, including any evidence which would
otherwise be classified by law as "private," must be made part of the
hearing record.
(b) Not
later than The chief administrative officer must provide a copy of the record
to each member of the governing board at least seven days before the
scheduled hearing date, the chief administrative officer must provide a copy
of the record to each member of the governing board.
(c) At
least five days before the hearing, the petitioner may submit to the chief
administrative officer, for submission to the governing board, Any
additional document, affidavit, or other relevant information that was not
initially submitted with the petition the petitioner requests be part of
the record may be admitted with the consent of the governing board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 25. Laws 2009, chapter 169, article 4, section
49, is amended to read:
Sec. 49. CITY
OF DULUTH AND DULUTH AIRPORT AUTHORITY AND CITY OF VIRGINIA; CORRECTING
ERRONEOUS EMPLOYEE DEDUCTIONS, EMPLOYER CONTRIBUTIONS AND ADJUSTING OVERPAID
BENEFITS.
Subdivision
1. Application. Notwithstanding any provisions of
Minnesota Statutes, section 353.27, subdivisions 7 and 7b, or Minnesota
Statutes 2008, chapters 353 and 356, to the contrary, this section establishes
the procedures by which the executive director of the Public Employees
Retirement Association shall adjust erroneous employee deductions and employer
contributions paid on behalf of active employees and former members by the city
of Duluth and, by the Duluth Airport Authority, and by the
city of Virginia on amounts determined by the executive director to be
invalid salary under Minnesota Statutes, section 353.01, subdivision 10,
reported between January 1, 1997, and October 23, 2008, and for adjusting
benefits that were paid to former members and their beneficiaries based upon
invalid salary amounts.
Subd. 2. Refunds
of employee deductions. (a) The
executive director shall refund to active employees or former members who are
not receiving retirement annuities or benefits all erroneous employee
deductions identified by the city of Duluth or, by the Duluth
Airport Authority, or by the city of Virginia as deductions taken from
amounts determined to be invalid salary.
The refunds must include interest at the rate specified in Minnesota
Statutes, section 353.34, subdivision 2, from the date each invalid employee
deduction was received through the date each refund is paid.
(b) The
refund payment for active employees must be sent to the applicable
governmental subdivision which must pay the refunded employee deductions plus
interest to the active home addresses of the members who are
employees of the city of Duluth or, who are employees of the
Duluth Airport Authority, or who are employees of the city of Virginia, as
applicable.
(c) Refunds
to former members must be mailed by the executive director of the Public
Employees Retirement Association to the former member's last known address.
Subd. 3. Benefit
adjustments. (a) For a former member
who is receiving a retirement annuity or disability benefit, or for a person
receiving an optional annuity or survivor benefit, the executive director must:
(1) adjust
the annuity or benefit payment to the correct monthly benefit amount payable by
reducing the average salary under Minnesota Statutes, section 353.01,
subdivision 17a, by the invalid salary amounts;
(2)
determine the amount of the overpaid benefits paid from the effective date of
the annuity or benefit payment to the first of the month in which the monthly
benefit amount is corrected;
(3)
calculate the amount of employee deductions taken in error on invalid salary,
including interest at the rate specified in Minnesota Statutes, section 353.34,
subdivision 2, from the date each invalid employee deduction was received
through the date the annuity or benefit is adjusted as provided under clause
(1); and
(4)
determine the net amount of overpaid benefits by reducing the amount of the
overpaid annuity or benefit as determined in clause (2) by the amount of the
erroneous employee deductions with interest as determined in
clause (3).
(b) If a
former member's erroneous employee deductions plus interest determined under this
section exceeds the amount of the person's overpaid benefits, the balance must
be refunded to the person to whom the annuity or benefit is being paid.
(c) The
executive director shall recover the net amount of all overpaid annuities or
benefits as provided under subdivision 4.
Subd. 4. Employer
credits and obligations. (a) The
executive director shall provide a credit without interest to the city of
Duluth and, to the Duluth Airport Authority, and to the city
of Virginia, as applicable, for the amount of that governmental
subdivision's erroneous employer contributions.
The credit must first be used to offset the net amount of the overpaid
retirement annuities and the disability and survivor benefits that remains
after applying the amount of erroneous employee deductions with interest as
provided under subdivision 3, paragraph (a), clause (4). The remaining erroneous employer
contributions, if any, must be credited against future employer contributions
required to be paid by the applicable governmental subdivision. If the overpaid benefits exceed the employer
contribution credit, the balance of the overpaid benefits is the obligation of
the city of Duluth or, the Duluth Airport Authority, or the
city of Virginia, whichever is applicable.
(b) The
Public Employees Retirement Association board of trustees shall determine the
period of time and manner for the collection of overpaid retirement annuities
and benefits, if any, from the city of Duluth and, the Duluth
Airport Authority, and the city of Virginia.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 26. Laws 2009, chapter 169, article 4, section
49, the effective date, is amended to read:
EFFECTIVE DATE. (a) This
section is effective for the city of Duluth the day after the Duluth city
council and the chief clerical officer of the city of Duluth timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and
3, for members who are, and former members who were, employees of the city
of Duluth.
(b) This
section is effective for the Duluth Airport Authority the day after the Duluth
Airport Authority and the chief clerical officer of the Duluth Airport
Authority timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3, for members who are, and former members who
were, employees of the Duluth Airport Authority.
(c) This
section is effective for the city of Virginia the day after the Virginia city
council and the chief clerical officer of the city of Virginia timely complete
their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and
3, for members who are, and former members who were, employees of the city of
Virginia. If this section becomes
effective for the city of Virginia, it applies retroactively from June 23,
2009.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 27. Laws 2009, chapter 169, article 5, section 2,
the effective date, is amended to read:
EFFECTIVE DATE. This section is
effective the day following final enactment and expires on June 30, 2011
2014. Individuals must not
be appointed to a postretirement option position after that date.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 28. REPEALER.
(a)
Minnesota Statutes 2008, section 353.01, subdivision 40, is repealed effective
July 1, 2010.
(b)
Minnesota Statutes 2008, sections 353.46, subdivision 1a; and 353D.03,
subdivision 2, are repealed the day following final enactment.
(c)
Minnesota Statutes 2008, section 353D.12, is repealed effective July 1, 2011.
ARTICLE 6
VOLUNTARY
STATEWIDE LUMP-SUM VOLUNTEER FIREFIGHTER RETIREMENT PLAN
Section 1. Minnesota Statutes 2008, section 69.051,
subdivision 3, is amended to read:
Subd. 3. Report
by certain municipalities. (a)
Each municipality which has an organized fire department but which does not
have a firefighters' relief association governed by section 69.77 or
sections 69.771 to 69.775 and which is not exempted under paragraph (b) shall
annually prepare a detailed financial report of the receipts and disbursements
by the municipality for fire protection service during the preceding calendar
year, on a form prescribed by the state auditor. The financial report shall must
contain any information which the state auditor deems necessary to disclose the
sources of receipts and the purpose of disbursements for fire protection
service. The financial report shall
must be signed by the municipal clerk or clerk-treasurer of the
municipality. The financial report shall
must be filed by the municipal clerk or clerk-treasurer with the state
auditor on or before July 1 annually. The
state auditor shall forward one copy to the county auditor of the county
wherein the municipality is located. The
municipality shall not qualify initially to receive, or be entitled
subsequently to retain, state aid pursuant to under this chapter
if the financial reporting requirement or the applicable requirements of this
chapter or any other statute or special law have not been complied with or are
not fulfilled.
(b) Each
municipality that has an organized fire department and provides retirement
coverage to its firefighters through the voluntary statewide lump-sum volunteer
firefighter retirement plan under chapter 353G qualifies to have fire state aid
transmitted to and retained in the statewide lump-sum volunteer firefighter
retirement fund without filing a detailed financial report if the executive
director of the Public Employees Retirement Association certifies compliance by
the municipality with the requirements of sections 353G.04 and 353G.08,
paragraph (e), and by the applicable fire chief with the requirements of
section 353G.07.
EFFECTIVE DATE. This section
is effective retroactively from January 1, 2010.
Sec. 2. Minnesota Statutes 2009 Supplement, section
353G.05, subdivision 2, is amended to read:
Subd. 2. Election
of coverage. (a) The process for
electing coverage of volunteer firefighters by the retirement plan is initiated
by a request to the executive director for a cost analysis of the prospective
retirement coverage.
(b) If the
volunteer firefighters are currently covered by a volunteer firefighters'
relief association governed by chapter 424A, the cost analysis of the prospective
retirement coverage must be requested jointly by the secretary of the volunteer
firefighters' relief association, following approval of the request by the
board of the volunteer firefighters' relief association, and the chief
administrative officer of the entity associated with the relief association,
following approval of the request by the governing body of the entity
associated with the relief association. If
the relief association is associated with more than one entity, the chief
administrative officer of each associated entity must execute the request. If the volunteer firefighters are not
currently covered by a volunteer firefighters' relief association, the cost
analysis of the prospective retirement coverage must be requested by the chief
administrative officer of the entity operating the fire department. The request must be made in writing and must
be made on a form prescribed by the executive director.
(c) The cost
analysis of the prospective retirement coverage by the statewide retirement
plan must be based on the service pension amount under section 353G.11 closest
to the service pension amount provided by the volunteer firefighters' relief
association, if there is one the relief association is a
lump-sum defined benefit plan, or the amount equal to 95 percent of the most
current average account balance per relief association member if the relief
association is a defined contribution plan, or to the lowest service
pension amount under section 353G.11 if there is no volunteer firefighters'
relief association, rounded up, and any other service pension amount designated
by the requester or requesters. The cost
analysis must be prepared using a mathematical procedure certified as accurate
by an approved actuary retained by the Public Employees Retirement Association.
(d) If a
cost analysis is requested and a volunteer firefighters' relief association
exists that has filed the information required under section 69.051 in a timely
fashion, upon request by the executive director, the state auditor shall
provide the most recent data available on the financial condition of the
volunteer firefighters' relief association, the most recent firefighter
demographic data available, and a copy of the current relief association bylaws. If a cost analysis is requested, but no
volunteer firefighters' relief association exists, the chief administrative
officer of the entity operating the fire department shall provide the
demographic information on the volunteer firefighters serving as members of the
fire department requested by the executive director.
(e) If a
cost analysis is requested, the executive director of the State Board of
Investment shall review the investment portfolio of the relief association, if
applicable, for compliance with the applicable provisions of chapter 11A and
for appropriateness for retention under the established investment objectives
and investment policies of the State Board of Investment. If the prospective retirement coverage change
is approved under paragraph (f), the State Board of Investment may require that
the relief association liquidate any investment security or other asset which
the executive director of the State Board of Investment has determined to be an
ineligible or inappropriate investment for retention by the State Board of
Investment. The security or asset
liquidation must occur before the effective date of the transfer of retirement
plan coverage. If requested to do so by
the chief administrative officer of the relief association, the executive
director of the State Board of Investment shall provide advice about the best
means to conduct the liquidation.
(f) Upon
receipt of the cost analysis, the governing body of the municipality or
independent nonprofit firefighting corporation associated with the fire department
shall either approve or disapprove the retirement coverage change within
90 days. If the retirement coverage
change is not acted upon within 90 days, it is deemed to be disapproved. If the retirement coverage change is approved
by the applicable governing body, coverage by the voluntary statewide lump-sum
volunteer firefighter retirement plan is effective on the next following
January 1.
EFFECTIVE DATE. This section
is effective retroactively from January 1, 2010.
Sec. 3. Minnesota Statutes 2009 Supplement, section
353G.06, subdivision 1, is amended to read:
Subdivision
1. Special
fund disestablishment. (a) On
the date immediately prior to the effective date of the coverage change, the
special fund of the applicable volunteer firefighters' relief association, if
one exists, ceases to exist as a pension fund of the association and legal
title to the assets of the special fund transfers to the State Board of
Investment, with the beneficial title to the assets of the special fund
remaining in the applicable volunteer firefighters.
(b) If the
market value of the special fund of the volunteer firefighters' relief
association for which retirement coverage changed under this chapter declines
in the interval between the date of the most recent financial report or
statement, and the special fund disestablishment date, the applicable
municipality shall transfer an additional amount to the State Board of
Investment equal to that decline. If
more than one municipality is responsible for the direct management of the fire
department, the municipalities shall allocate the additional transfer amount
among the various applicable municipalities one-half in proportion to the
population of each municipality and one-half in proportion to the market value
of each municipality.
EFFECTIVE DATE. This section
is effective retroactively from January 1, 2010.
Sec. 4. Minnesota Statutes 2009 Supplement, section
353G.08, is amended to read:
353G.08 RETIREMENT PLAN FUNDING; DISBURSEMENTS.
Subdivision
1. Annual funding requirements.
(a) Annually, the executive director shall determine the funding
requirements of each account in the voluntary statewide lump-sum volunteer
firefighter retirement plan on or before August 1. The funding requirements as directed under
this section, must be determined using a mathematical
procedure
developed and certified as accurate by an approved actuary retained by the
Public Employees Retirement Association and based on present value factors
using a six percent interest rate, without any decrement assumptions. The funding requirements must be certified to
the entity or entities associated with the fire department whose active
firefighters are covered by the retirement plan.
(b) The
overall funding balance of each account for the current calendar year must be
determined in the following manner:
(1) The
total accrued liability for all active and deferred members of the account as
of December 31 of the current year must be calculated based on the good time
service credit of active and deferred members as of that date.
(2) The
total present assets of the account projected to December 31 of the current
year, including receipts by and disbursements from the account anticipated to
occur on or before December 31, must be calculated. To the extent possible, the market value of
assets must be utilized in making this calculation.
(3) The
amount of the total present assets calculated under clause (2) must be
subtracted from the amount of the total accrued liability calculated under
clause (1). If the amount of total
present assets exceeds the amount of the total accrued liability, then the
account is considered to have a surplus over full funding. If the amount of the total present assets is
less than the amount of the total accrued liability, then the account is
considered to have a deficit from full funding.
If the amount of total present assets is equal to the amount of the
total accrued liability, then the special fund is considered to be fully
funded.
(c) The
financial requirements of each account for the following calendar year must be
determined in the following manner:
(1) The
total accrued liability for all active and deferred members of the account as
of December 31 of the calendar year next following the current calendar year
must be calculated based on the good time service used in the calculation under
paragraph (b), clause (1), increased by one year.
(2) The
increase in the total accrued liability of the account for the following
calendar year over the total accrued liability of the account for the current
year must be calculated.
(3) The
amount of anticipated future administrative expenses of the account must be
calculated by multiplying the dollar amount of the administrative expenses for
the most recent prior calendar year by the factor of 1.035.
(4) If the
account is fully funded, the financial requirement of the account for the
following calendar year is the total of the amounts calculated under clauses
(2) and (3).
(5) If the
account has a deficit from full funding, the financial requirement of the
account for the following calendar year is the total of the amounts calculated
under clauses (2) and (3) plus an amount equal to one-tenth of the amount of
the deficit from full funding of the account.
(6) If the
account has a surplus over full funding, the financial requirement of the
account for the following calendar year is the financial requirement of the
account calculated as though the account was fully funded under clause (4) and,
if the account has also had a surplus over full funding during the prior two
years, additionally reduced by an amount equal to one-tenth of the amount of
the surplus over full funding of the account.
(d) The
required contribution of the entity or entities associated with the fire
department whose active firefighters are covered by the retirement plan is the
annual financial requirements of the account of the retirement plan under
paragraph (c) reduced by the amount of any fire state aid payable under
sections 69.011 to 69.051 reasonably anticipated to be received by the
retirement plan attributable to the entity or entities during the following
calendar
year, and an amount of interest on the assets projected to be received during
the following calendar year calculated at the rate of six percent per annum. The required contribution must be allocated
between the entities if more than one entity is involved. A reasonable amount of anticipated fire state
aid is an amount that does not exceed the fire state aid actually received in
the prior year multiplied by the factor 1.035.
(e) The
required contribution calculated in paragraph (d) must be paid to the
retirement plan on or before December 31 of the year for which it was
calculated. If the contribution is not
received by the retirement plan by December 31, it is payable with interest at
an annual compound rate of six percent from the date due until the date payment
is received by the retirement plan. If
the entity does not pay the full amount of the required contribution, the
executive director shall collect the unpaid amount under section 353.28,
subdivision 6.
Subd. 2. Cash
flow funding requirement. If
the executive director determines that an account in the voluntary statewide
lump-sum volunteer firefighter retirement plan has insufficient assets to meet
the service pensions determined payable from the account, the executive
director shall certify the amount of the potential service pension shortfall to
the municipality or municipalities and the municipality or municipalities shall
make an additional employer contribution to the account within ten days of the
certification. If more than one
municipality is associated with the account, unless the municipalities agree to
a different allocation, the municipalities shall allocate the additional employer
contribution one-half in proportion to the population of each municipality and
one-half in proportion to the market value of the property of each
municipality.
Subd. 3. Authorized
account disbursements. (f)
The assets of the retirement fund may only be disbursed for:
(1) the
administrative expenses of the retirement plan;
(2) the
investment expenses of the retirement fund;
(3) the
service pensions payable under section 353G.10, 353G.11, 353G.14, or 353G.15; and
(4) the
survivor benefits payable under section 353G.12; and
(5) the
disability benefit coverage insurance premiums under section 353G.115.
EFFECTIVE DATE. This
section is effective retroactively from January 1, 2010.
Sec. 5. Minnesota Statutes 2009 Supplement, section 353G.09,
subdivision 3, is amended to read:
Subd. 3. Alternative
pension eligibility and computation. (a)
An active member of the retirement plan is entitled to an alternative lump-sum
service pension from the retirement plan if the person:
(1) has separated
from active service with the fire department for at least 30 days;
(2) has
attained the age of at least 50 years or the age for receipt of a service
pension under the benefit plan of the applicable former volunteer firefighters'
relief association as of the date immediately prior to the election of the
retirement coverage change, whichever is later;
(3) has
completed at least five years of active service with the fire department and at
least five years in total as a member of the applicable former volunteer
firefighters' relief association or of the retirement plan, but has not
rendered at least five years of good time service credit as a member of the
retirement plan; and
(4) applies
in a manner prescribed by the executive director for the service pension.
(b) If
retirement coverage prior to statewide retirement plan coverage was provided by
a defined benefit plan volunteer firefighters relief association, the
alternative lump-sum service pension is the service pension amount specified in
the bylaws of the applicable former volunteer firefighters' relief association
either as of the date immediately prior to the election of the retirement
coverage change or as of the date immediately before the termination of
firefighting services, whichever is earlier, multiplied by the total number of
years of service as a member of that volunteer firefighters' relief association
and as a member of the retirement plan. If
retirement coverage prior to statewide retirement plan coverage was provided by
a defined contribution plan volunteer firefighters relief association, the
alternative lump-sum service pension is an amount equal to the person's account
balance as of the date immediately prior to the date on which statewide
retirement plan coverage was first provided to the person plus six percent
annual compound interest from that date until the date immediately prior to the
date of retirement.
EFFECTIVE DATE. This
section is effective retroactively from January 1, 2010.
Sec. 6. Minnesota Statutes 2009 Supplement, section
353G.11, subdivision 1, is amended to read:
Subdivision
1. Levels. The retirement plan provides the
following levels of service pension amounts to be selected at the election of
coverage, or, if fully funded, thereafter:
Level
A $500
per year of good time service credit
Level
B $750
$600 per year of good time service credit
Level
C $700
per year of good time service credit
Level
D $800
per year of good time service credit
Level
E $900
per year of good time service credit
Level
C F $1,000
per year of good time service credit
Level
G $1,250
per year of good time service credit
Level
D H $1,500
per year of good time service credit
Level
E I $2,000
per year of good time service credit
Level
F J $2,500
per year of good time service credit
Level
G K $3,000
per year of good time service credit
Level
H L $3,500
per year of good time service credit
Level
I M $4,000
per year of good time service credit
Level
J N $4,500
per year of good time service credit
Level
K O $5,000
per year of good time service credit
Level
L P $5,500
per year of good time service credit
Level
M Q $6,000
per year of good time service credit
Level
N R $6,500
per year of good time service credit
Level
O S $7,000
per year of good time service credit
Level
P T $7,500
per year of good time service credit
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 7. Minnesota
Statutes 2009 Supplement, section 353G.11, is amended by adding a subdivision
to read:
Subd. 1a.
Continuation of prior service
pension levels. If a
municipality or independent nonprofit firefighting corporation elects to be
covered by the retirement plan prior to January 1, 2010, and selects the $750
per year of good time service credit service pension amount effective for
January 1, 2010, that level continues for the volunteer firefighters of that
municipality or independent nonprofit firefighting corporation until a
different service pension amount is selected under subdivision 2 after January
1, 2010.
EFFECTIVE
DATE. This section is effective July 1,
2010.
Sec. 8. [353G.115]
DISABILITY BENEFIT COVERAGE; AUTHORITY FOR CASUALTY INSURANCE.
(a) Except as provided in paragraph (b), no disability
benefit is payable from the statewide retirement plan.
(b) If the board approves the arrangement, disability
coverage for statewide retirement plan members may be provided through a group
disability insurance policy obtained from an insurance company licensed to do
business in this state. The voluntary
statewide lump-sum volunteer retirement plan is authorized to pay the premium
for the disability insurance authorized by this paragraph. The proportional amount of the total annual
disability insurance premium must be added to the required contribution amount
determined under section 353G.08.
EFFECTIVE
DATE. This section is effective
retroactively from January 1, 2010.
Sec. 9. Minnesota
Statutes 2009 Supplement, section 424A.08, is amended to read:
424A.08
MUNICIPALITY WITHOUT RELIEF ASSOCIATION; AUTHORIZED DISBURSEMENTS.
(a) Any qualified municipality which is entitled to
receive fire state aid but which has no volunteer firefighters' relief
association directly associated with its fire department and which has no
full-time firefighters with retirement coverage by the public employees police
and fire retirement plan shall deposit the fire state aid in a special account
established for that purpose in the municipal treasury. Disbursement from the special account may not
be made for any purpose except:
(1) payment of the fees, dues and assessments to the
Minnesota State Fire Department Association and to the state Volunteer
Firefighters' Benefit Association in order to entitle its firefighters to
membership in and the benefits of these state associations;
(2) payment of the cost of purchasing and maintaining
needed equipment for the fire department; and
(3) payment of the cost of construction, acquisition,
repair, or maintenance of buildings or other premises to house the equipment of
the fire department.
(b) A qualified municipality which is entitled to
receive fire state aid, which has no volunteer firefighters' relief association
directly associated with its fire department, which does not participate in
the voluntary statewide lump-sum volunteer firefighter retirement plan under
chapter 353G, and which has full-time firefighters with retirement coverage
by the public employees police and fire retirement plan may disburse the fire
state aid as provided in paragraph (a), for the payment of the employer
contribution requirement with respect to firefighters covered by the public
employees police and fire retirement plan under section 353.65, subdivision 3,
or for a combination of the two types of disbursements.
(c) A municipality that has no volunteer firefighters'
relief association directly associated with it and that participates in the
voluntary statewide lump-sum volunteer firefighter retirement plan under
chapter 353G shall transmit any fire state aid that it receives to the
voluntary statewide lump-sum volunteer firefighter retirement fund.
EFFECTIVE
DATE. This section is effective
retroactively from January 1, 2010.
ARTICLE 7
TEACHERS RETIREMENT ASSOCIATION SERVICE CREDIT
PROCEDURE REVISIONS
Section 1. Minnesota
Statutes 2008, section 354.05, is amended by adding a subdivision to read:
Subd. 41.
Annual base salary. (a) "Annual base salary"
means:
(1) for an independent school district or educational
cooperative, the lowest full-time Bachelor of Arts (BA) base contract salary
for the previous fiscal year for that employing unit;
(2) for a charter school, the lowest starting annual
salary for a full-time licensed teacher employed during the previous fiscal
year for that employing unit; and
(3) for a state agency or professional organization,
the lowest starting annual salary for a full-time Teachers Retirement
Association covered position for the previous fiscal year for that employing
unit.
(b) If there is no previous fiscal year data because
an employer unit is new and paragraph (c) does not apply, the annual base
salary for the first year of operation will be as provided in paragraph (a),
except that the base contract salary for the current fiscal year, rather than
the previous fiscal year, must be used.
(c) For a new employer unit created as a result of a
merger or consolidation, the annual base salary must be the lowest annual base
salary as specified in paragraph (a) for any of the employer units involved in
the merger or consolidation.
EFFECTIVE
DATE. This section is effective July 1,
2012.
Sec. 2. Minnesota
Statutes 2008, section 354.07, subdivision 5, is amended to read:
Subd. 5. Records; accounts; interest. The board shall keep a record of the
receipts and disbursements of the fund and a separate account with each member
of the association. The board shall also
keep separate accounts for annuity payments, for employer contributions and all
other necessary accounts and reserves. It
shall determine annually the annual interest earnings of the fund which shall
include realized capital gains and losses.
Any amount in the capital reserve account on July 1, 1973, shall
be transferred to the employer contribution's account. The annual interest earnings shall be
apportioned and credited to the separate members' accounts except those covered
under the provisions of section 354.44, subdivision 6 or 7. The rate to be used in this distribution
computed to the last full quarter percent shall be determined by dividing the
interest earnings by the total invested assets of the fund. The excess of the annual interest earnings in
the excess earnings reserve which was not credited to the various accounts
shall be credited to the gross interest earnings for the next succeeding year.
Sec. 3. Minnesota
Statutes 2008, section 354.091, is amended to read:
354.091
SERVICE CREDIT.
Subdivision 1.
Definition; monthly base
salary. For purposes of this
section, "monthly base salary" means the annual base salary, as
defined in section 354.05, subdivision 41, divided by 12.
Subd. 2.
Service credit annual limit. (a) In computing service credit,
No teacher may receive credit for more than one year of teaching service for
any fiscal year. Additionally, in
crediting allowable service:
(1) if a teacher teaches less than five hours in a
day, service credit must be given for the fractional part of the day as the
term of service performed bears to five hours;
(2) if a teacher teaches five or more hours in a day,
service credit must be given for only one day;
(3) if a teacher teaches at least 170 full days in any
fiscal year, service credit must be given for a full year of teaching service;
and
(4) if a teacher teaches for only a fractional part of
the year, service credit must be given for such fractional part of the year in
the same relationship as the period of service performed bears to 170 days.
(b) A teacher must receive a full year of service
credit based on the number of days in the employer's full school year if that
school year is less than 170 days. Teaching
service performed before July 1, 1961, must be computed under the law in effect
at the time it was performed.
(c) A teacher must not lose or gain retirement service
credit as a result of the employer converting to a flexible or alternate work
schedule. If the employer converts to a
flexible or alternate work schedule, the forms for reporting teaching service
and the procedures for determining service credit must be determined by the
executive director with the approval of the board of trustees.
Subd. 3.
Service credit calculation. (a) Except as specified in
subdivisions 4 and 5, service credit must be calculated monthly by dividing the
teacher's monthly salary by the monthly base salary for the teacher's employing
unit and multiplying the result by 11.1 percent.
(b) For purposes of computing service credit, salary
must be allocated to each calendar month based on the pay period begin and end
dates. If the pay period covers more
than one calendar month, the salary must be allocated based on the number of
days in each calendar month.
(c) A teacher may not receive more than 11.1 percent of
a year's service credit in a calendar month.
(d) Annual service credit must be calculated by adding
the allowable monthly service credit for all 12 months of the fiscal year, with
the result rounded to two decimal places, subject to the annual limit specified
in subdivision 2.
Subd. 4.
Service credit determination
for Minnesota State Colleges and Universities system teachers. (d) For all services rendered
on or after July 1, 2003, service credit for all members employed by the
Minnesota State Colleges and Universities system must be determined:
(1) for full-time employees, by the definition of
full-time employment contained in the collective bargaining agreement for those
units listed in section 179A.10, subdivision 2, or contained in the applicable
personnel or salary plan for those positions designated in section 179A.10,
subdivision 1; and
(2) for part-time employees, by the appropriate
proration of full-time equivalency based on the provisions contained in the
collective bargaining agreement for those units listed in section 179A.10,
subdivision 2, or contained in the applicable personnel or salary plan for
those positions designated in section 179A.10, subdivision 1, and the
applicable procedures of the Minnesota State Colleges and Universities system;
and.
(3) in no case may a member receive more than one year
of service credit for any fiscal year.
Subd. 5.
Service credit procedure,
nontraditional schedules. For
employer units that have nontraditional work schedules or pay schedules, the
procedure for determining service credit must be specified by the executive
director with the approval of the board of trustees.
EFFECTIVE
DATE. This section is effective for
teaching service performed after June 30, 2012.
Sec. 4. Minnesota
Statutes 2009 Supplement, section 354.52, subdivision 4b, is amended to read:
Subd. 4b. Payroll cycle reporting requirements. An employing unit shall provide the
following data to the association for payroll warrants on an ongoing basis
within 14 calendar days after the date of the payroll warrant in a format
prescribed by the executive director:
(1) association member number;
(2) employer-assigned employee number;
(3) Social Security number;
(4) amount of each salary deduction;
(5) amount of salary as defined in section 354.05,
subdivision 35, from which each deduction was made;
(6) reason for payment;
(7) service credit;
(8) (7) the beginning and ending dates of the
payroll period covered and the date of actual payment;
(9) (8) fiscal year of salary earnings;
(10) (9) total remittance amount
including employee, employer, and additional employer contributions;
(11) (10) reemployed annuitant
salary under section 354.44, subdivision 5; and
(12) (11) other information as
may be required by the executive director.
EFFECTIVE
DATE. This section is effective July 1,
2012.
Sec. 5. Minnesota
Statutes 2008, section 354.52, is amended by adding a subdivision to read:
Subd. 4d.
Annual base salary reporting. An employing unit must provide the
following data to the association on or before June 30 of each fiscal year:
(1) annual base salary, as defined in section 354.05,
subdivision 41; and
(2) beginning and ending dates for the regular school
work year.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 6. Minnesota
Statutes 2008, section 354.52, subdivision 6, is amended to read:
Subd. 6. Noncompliance consequences. (a) An employing unit that does
not comply with the reporting requirements under subdivision 2a, 4a, or
4b, or 4d, must pay a fine of $5 per calendar day until the association
receives the required data.
(b) If the annual base salary required to be reported under
subdivision 4d has not been settled or determined as of June 16, the fine
commences if the annual base salary has not been reported to the association
within 14 days following the settlement date.
EFFECTIVE
DATE. This section is effective July 1, 2011.
Sec. 7. Minnesota
Statutes 2008, section 354.66, subdivision 3, is amended to read:
Subd. 3. Part-time teaching position, defined. (a) For purposes of this section, the
term "part-time teaching position" means a teaching position within
the district in which the teacher is employed for at least 50 full days or a
fractional equivalent thereof as prescribed in section 354.091, and for which
the teacher is compensated in for an amount of at least 30
percent, but not exceeding 80 percent of the compensation established by
the board for a full-time teacher with identical education and experience with
the employing unit.
(b) For a teacher to which subdivision 1c, paragraph
(b), applies, the term "part-time teaching position" means a teaching
position within the district in which the teacher is employed for at least
25 full days or a fractional equivalent thereof as prescribed in section
354.091, and for which the teacher is compensated in for an
amount of at least 15 percent, but not exceeding 40 percent of the
compensation established by the board for a full-time teacher, with identical
education and experience with the employing unit.
EFFECTIVE
DATE. This section is effective for
service provided after June 30, 2012.
ARTICLE 8
MNSCU IRAP ADMINISTRATIVE PROVISIONS
Section 1. Minnesota
Statutes 2008, section 11A.04, is amended to read:
11A.04
DUTIES AND POWERS.
The state board shall:
(1) Act as trustees for each fund for which it invests
or manages money in accordance with the standard of care set forth in section
11A.09 if state assets are involved and in accordance with chapter 356A if
pension assets are involved.
(2) Formulate policies and procedures deemed necessary
and appropriate to carry out its functions.
Procedures adopted by the board must allow fund beneficiaries and
members of the public to become informed of proposed board actions. Procedures and policies of the board are not
subject to the Administrative Procedure Act.
(3) Employ an executive director as provided in
section 11A.07.
(4) Employ investment advisors and consultants as it
deems necessary.
(5) Prescribe policies concerning personal investments
of all employees of the board to prevent conflicts of interest.
(6) Maintain a record of its proceedings.
(7) As it deems necessary, establish advisory
committees subject to section 15.059 to assist the board in carrying out its
duties.
(8) Not permit state funds to be used for the
underwriting or direct purchase of municipal securities from the issuer or the
issuer's agent.
(9) Direct the commissioner of management and budget
to sell property other than money that has escheated to the state when the
board determines that sale of the property is in the best interest of the state. Escheated property must be sold to the
highest bidder in the manner and upon terms and conditions prescribed by the
board.
(10) Undertake any other activities necessary to
implement the duties and powers set forth in this section.
(11) Establish a formula or formulas to measure
management performance and return on investment. Public pension funds in the state shall
utilize the formula or formulas developed by the state board.
(12) Except as otherwise provided in article XI,
section 8, of the Constitution of the state of Minnesota, employ, at its
discretion, qualified private firms to invest and manage the assets of funds
over which the state board has investment management responsibility. There is annually appropriated to the state
board, from the assets of the funds for which the state board utilizes a
private investment manager, sums sufficient to pay the costs of employing
private firms. Each year, by January 15,
the board shall report to the governor and legislature on the cost and the
investment performance of each investment manager employed by the board.
(13) Adopt an investment policy statement that
includes investment objectives, asset allocation, and the investment management
structure for the retirement fund assets under its control. The statement may be revised at the
discretion of the state board. The state
board shall seek the advice of the council regarding its investment policy
statement. Adoption of the statement is
not subject to chapter 14.
(14) Adopt a compensation plan setting the terms and
conditions of employment for unclassified board employees who are not covered
by a collective bargaining agreement.
(15) Contract, as necessary, with the board of
trustees of the Minnesota State Universities and Colleges System for the
provision of investment review and selection services under section 354B.25,
subdivision 3, and arrange for the receipt of payment for those services.
There is annually appropriated to the state board,
from the assets of the funds for which the state board provides investment
services, sums sufficient to pay the costs of all necessary expenses for the
administration of the board. These sums
will be deposited in the State Board of Investment operating account, which
must be established by the commissioner of management and budget.
Sec. 2. Minnesota
Statutes 2008, section 354B.25, subdivision 1, is amended to read:
Subdivision 1. General governance. The individual retirement account plan is
the administrative responsibility of the Board of Trustees of the Minnesota
State Colleges and Universities. The
Board of Trustees of the Minnesota State Colleges and Universities may
administer the plan directly or may contract out for administrative services
with a qualified third-party plan administrative entity and may contract out
for investment review and selection service.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota
Statutes 2008, section 354B.25, subdivision 3, is amended to read:
Subd. 3. Selection of financial institutions. (a) The investment options provided under
subdivision 2 must be selected by the board.
The board may contract with the State Board of Investment or with
a third party to provide the investment review and selection services. The board must not contract with a third
party to provide the investment option review and selection services if the
third party markets, offers, or has other material interest in investment
products. The board must require any
third party contracted to provide investment review and selection services to
disclose to the board any contracts for services and any financial
relationships it has with vendors under consideration to provide investment
products under the plan.
In making its selection, at a minimum, the State
board of Investment shall consider the following:
(1) the experience and ability of the financial
institution to provide benefits and products that are suited to meet the needs
of plan participants;
(2) the relationship of those benefits and products
provided by the financial institution to their cost;
(3) the financial strength and stability of the
financial institution; and
(4) the fees and expenses associated with the
investment products in comparison to other products of similar risk and rates
of return.
(b) After selecting a financial institution, the State
board of Investment must periodically review each financial institution
and the offered products. The periodic
review must occur at least every three years.
In making its review, the State board of Investment may
retain appropriate consulting services to assist it in its periodic review,
establish a budget for the cost of the periodic review process, and charge a
proportional share of these costs to the reviewed financial institution.
(c) Contracts with financial institutions under this
section must be executed by the board and must be approved by the State
Board of Investment before execution.
(d) The State Board of Investment shall also establish
policies and procedures under section 11A.04, clause (2), to carry out the
provisions of this subdivision.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 4. Minnesota
Statutes 2008, section 354C.14, is amended to read:
354C.14
INVESTMENT OF DEDUCTIONS AND CONTRIBUTIONS.
(a) The Board of Trustees of the Minnesota State
Colleges and Universities shall invest the deductions and contributions under
section 354C.12, after deduction of administrative expenses under section
354C.12, subdivision 4, in annuity contracts or custodial accounts from
financial institutions selected by the State Board of Investment under
section 354B.25, subdivision 3.
(b) The retirement contributions and death benefits
provided by annuity contracts or custodial accounts purchased by the Board of
Trustees of the Minnesota State Colleges and Universities are owned by the
supplemental retirement plan and must be paid in accordance with those annuity
contracts or custodial account agreements.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 5. REPEALER.
Minnesota Statutes 2008, section 354C.15, is repealed.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
ARTICLE 9
ACTUARIAL VALUATION REPORTING DEADLINE DATES
Section 1. Minnesota
Statutes 2008, section 356.215, subdivision 3, is amended to read:
Subd. 3. Reports.
(a) The actuarial valuations required annually must be made as of
the beginning of each fiscal year.
(b) Two copies of the completed valuation must be
delivered to the executive director of the Legislative Commission on Pensions
and Retirement, to the commissioner of management and budget, and to the
Legislative Reference Library. The
copies of the actuarial valuation must be filed with the executive director of
the Legislative Commission on Pensions and Retirement, the commissioner of
management and budget, and the Legislative Reference Library no later than the
last day of the sixth month occurring after the end of the previous fiscal
year.
(c) Two copies of a quadrennial experience study must
be filed with the executive director of the Legislative Commission on Pensions
and Retirement, with the commissioner of management and budget, and with the
Legislative Reference Library, not later than the first last day
of the 11th 12th month occurring after the end of the last fiscal
year of the four-year period which the experience study covers.
(d) For actuarial valuations and experience studies
prepared at the direction of the Legislative Commission on Pensions and
Retirement, two copies one copy of the document must be delivered
to the governing or managing board or administrative officials of the
applicable public pension and retirement fund or plan.
EFFECTIVE
DATE. This section is effective July 1,
2010.
ARTICLE 10
OPTIONAL ANNUITY REVOCATION
FOLLOWING CERTAIN MARRIAGE DISSOLUTIONS
Section 1. [356.48] REVOCATION OF OPTIONAL ANNUITY
DUE TO MARRIAGE DISSOLUTION OR ANNULMENT.
Subdivision 1.
Covered plans. This section applies to the following
retirement plans:
(1) the general state employees retirement plan of the
Minnesota State Retirement System established under chapter 352;
(2) the correctional state employees retirement plan of
the Minnesota State Retirement System established under chapter 352;
(3) the State Patrol retirement plan established under
chapter 352B;
(4) the unclassified state employees retirement program
of the Minnesota State Retirement System established under chapter 352D;
(5) the general employee retirement plan of the Public
Employees Retirement Association established under chapter 353;
(6) the public employees police and fire retirement
plan established under chapter 353;
(7) the local government correctional employees
retirement plan of the Public Employees Retirement Association established
under chapter 353E;
(8) the Teachers Retirement Association established
under chapter 354; and
(9) the uniform judicial retirement plan established
under chapter 490.
Subd. 2.
Treatment. (a) The treatment specified in this
section applies if, after the accrual date of an annuity or benefit from an
applicable plan or plans, a marriage dissolution decree or annulment decree is
rendered that specifies that the designation of an optional annuity must be
revoked and if the other requirements specified in this section are satisfied.
(b) Notwithstanding any law to the contrary, if the
applicable pension plan or plans have provisions of law that revise the monthly
benefit amount payable to the primary annuitant upon the death of the individual
named as the optional joint annuitant, the monthly benefit amount must be
recomputed as though the individual that had been
named as the optional joint annuitant died on the date
a certified copy of the marriage dissolution or annulment decree is received by
the chief administrative officer. Payment
of any benefit adjustment under this section is prospective only.
Subd. 3.
Restrictions. (a) This section does not apply if the
marriage dissolution decree or annulment decree is not consistent with the requirements
under section 518.58.
(b) The pension plan benefit recipient must not
designate, and the court may not require that the member designate, a
subsequent optional annuity beneficiary.
(c) This section does not apply if more than one
surviving individual was named as an optional joint annuitant.
Subd. 4.
Submission of documentation. To receive the treatment provided in
this section, an eligible retiree or disabilitant must provide, to the chief
administrative officer of the applicable pension plan, a certified copy of the
marriage dissolution or annulment decree.
The retiree or disabilitant and the joint annuitant must also submit a
form, prescribed by the chief administrative officer of the applicable pension
plan and signed by both individuals, requesting the annuity bounce back as
provided in subdivision 2. The
individuals must also provide any other documentation the chief administrative
officer may request.
EFFECTIVE
DATE. This section is effective the day
following final enactment and applies retroactively to any marriage dissolution
decree or annulment decree requiring the revocation of an optional annuity form
granted at any time prior to the date of enactment.
Sec. 2. Minnesota
Statutes 2008, section 518.58, subdivision 3, is amended to read:
Subd. 3. Sale or distribution while proceeding
pending. (a) If the court finds that
it is necessary to preserve the marital assets of the parties, the court may
order the sale of the homestead of the parties or the sale of other marital
assets, as the individual circumstances may require, during the pendency of a
proceeding for a dissolution of marriage or an annulment. If the court orders a sale, it may further
provide for the disposition of the funds received from the sale during the
pendency of the proceeding. If liquid
or readily liquidated marital property other than property representing vested
pension benefits or rights is available, the court, so far as possible, shall
divide the property representing vested pension benefits or rights by the
disposition of an equivalent amount of the liquid or readily liquidated
property.
(b) The court may order a partial distribution of
marital assets during the pendency of a proceeding for a dissolution of
marriage or an annulment for good cause shown or upon the request of both
parties, provided that the court shall fully protect the interests of the other
party.
EFFECTIVE
DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota
Statutes 2008, section 518.58, subdivision 4, is amended to read:
Subd. 4. Pension plans. (a) The division of marital property that
represents pension plan benefits or rights in the form of future pension plan
payments:
(1) is payable only to the extent of the amount of the
pension plan benefit payable under the terms of the plan;
(2) is not payable for a period that exceeds the time
that pension plan benefits are payable to the pension plan benefit recipient;
(3) is not payable in a lump-sum amount from defined
benefit pension plan assets attributable in any fashion to a spouse with the
status of an active member, deferred retiree, or benefit recipient of a pension
plan;
(4) if the former spouse to whom the payments are to
be made dies prior to the end of the specified payment period with the right to
any remaining payments accruing to an estate or to more than one survivor, is
payable only to a trustee on behalf of the estate or the group of survivors for
subsequent apportionment by the trustee; and
(5) in the case of defined benefit public pension plan
benefits or rights, may not commence until the public plan member submits a
valid application for a public pension plan benefit and the benefit becomes
payable.
(b) The individual retirement account plans
established under chapter 354B may provide in its plan document, if published
and made generally available, for an alternative marital property division or
distribution of individual retirement account plan assets. If an alternative division or distribution
procedure is provided, it applies in place of paragraph (a), clause (5).
(c) If liquid or readily liquidated marital property
other than property representing vested pension benefits or rights is
available, the court, so far as possible, shall divide the property
representing vested pension benefits or rights by the disposition of an
equivalent amount of the liquid or readily liquidated property.
(d) If sufficient liquid or readily liquidated marital
property other than property representing vested pension benefits or rights is
not available, the court may order the revocation of the designation of an
optional annuity beneficiary in pension plans specified in section 356.48 or in
any other pension plan in which plan-governing law or governing documents allow
revocation of an optional annuity in marital dissolution or annulment
situations.
EFFECTIVE
DATE. (a) This section is effective the
day following final enactment.
(b) This section applies retroactively, for plans
specified in section 365.48, to any marriage dissolution decree or annulment
decree requiring the revocation of an optional annuity form granted at any time
prior to the date of enactment.
ARTICLE 11
ADMINISTRATIVE CONSOLIDATION OF THE MINNEAPOLIS
EMPLOYEES RETIREMENT
FUND INTO THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
Section 1. Minnesota
Statutes 2009 Supplement, section 353.01, subdivision 2a, is amended to read:
Subd. 2a. Included employees. (a) Public employees whose salary from
employment in one or more positions within one governmental subdivision exceeds
$425 in any month shall participate as members of the association. If the salary is less than $425 in a
subsequent month, the employee retains membership eligibility. Eligible public employees shall participate
as members of the association with retirement coverage by the public general
employees retirement plan or under this chapter, the public
employees police and fire retirement plan under this chapter, or the local
government correctional employees retirement plan under chapter 353E, whichever
applies, as a condition of their employment on the first day of employment
unless they:
(1) are specifically excluded under subdivision 2b;
(2) do not exercise their option to elect retirement
coverage in the association as provided in subdivision 2d, paragraph (a); or
(3) are employees of the governmental subdivisions
listed in subdivision 2d, paragraph (b), where the governmental subdivision has
not elected to participate as a governmental subdivision covered by the
association.
(b) A public employee who was a member of the
association on June 30, 2002, based on employment that qualified for membership
coverage by the public employees retirement plan or the public employees police
and fire plan under this chapter, or the local government correctional employees
retirement plan under chapter 353E as of June 30, 2002, retains that membership
for the duration of the person's employment in that position or incumbency in
elected office. Except as provided in
subdivision 28, the person shall participate as a member until the employee or
elected official terminates public employment under subdivision 11a or
terminates membership under subdivision 11b.
(c) Public employees under paragraph (a) include:
(1) physicians under section 353D.01, subdivision 2,
who do not elect public employees defined contribution plan coverage under
section 353D.02, subdivision 2;
(2) full-time employees of the Dakota County
Agricultural Society; and
(3) employees of the Minneapolis Firefighters Relief
Association or Minneapolis Police Relief Association who are not excluded
employees under subdivision 2b due to coverage by the relief association
pension plan and who elect Public Employee Retirement Association general plan
coverage under Laws 2009, chapter 169, article 12, section 10.
(d) For the purpose of participation in the MERF
division of the general employees retirement plan, public employees include
employees who were members of the former Minneapolis Employees Retirement Fund
on June 29, 2010, and who participate as members of the MERF division of
the association.
Sec. 2. Minnesota
Statutes 2008, section 353.01, subdivision 2b, is amended to read:
Subd. 2b. Excluded employees. The following public employees are not
eligible to participate as members of the association with retirement coverage
by the public general employees retirement plan, the local
government correctional employees retirement plan under chapter 353E, or the
public employees police and fire retirement plan:
(1) public officers, other than county sheriffs, who
are elected to a governing body, or persons who are appointed to fill a vacancy
in an elective office of a governing body, whose term of office commences on or
after July 1, 2002, for the service to be rendered in that elective position;
(2) election officers or election judges;
(3) patient and inmate personnel who perform services
for a governmental subdivision;
(4) except as otherwise specified in subdivision 12a,
employees who are hired for a temporary position as defined under subdivision 12a,
and employees who resign from a nontemporary position and accept a temporary
position within 30 days in the same governmental subdivision;
(5) employees who are employed by reason of work
emergency caused by fire, flood, storm, or similar disaster;
(6) employees who by virtue of their employment in one
governmental subdivision are required by law to be a member of and to
contribute to any of the plans or funds administered by the Minnesota State
Retirement System, the Teachers Retirement Association, the Duluth Teachers
Retirement Fund Association, the St. Paul Teachers Retirement Fund
Association, the Minneapolis Employees Retirement Fund, or any police or
firefighters relief
association governed by section 69.77 that has not
consolidated with the Public Employees Retirement Association, or any local
police or firefighters consolidation account who have not elected the type of
benefit coverage provided by the public employees police and fire fund under
sections 353A.01 to 353A.10, or any persons covered by section 353.665,
subdivision 4, 5, or 6, who have not elected public employees police and fire
plan benefit coverage. This clause must
not be construed to prevent a person from being a member of and contributing to
the Public Employees Retirement Association and also belonging to and
contributing to another public pension plan or fund for other service occurring
during the same period of time. A person
who meets the definition of "public employee" in subdivision 2 by
virtue of other service occurring during the same period of time becomes a
member of the association unless contributions are made to another public
retirement fund on the salary based on the other service or to the Teachers
Retirement Association by a teacher as defined in section 354.05, subdivision
2;
(7) persons who are members of a religious order and
are excluded from coverage under the federal Old Age, Survivors, Disability,
and Health Insurance Program for the performance of service as specified in
United States Code, title 42, section 410(a)(8)(A), as amended through January
1, 1987, if no irrevocable election of coverage has been made under section
3121(r) of the Internal Revenue Code of 1954, as amended;
(8) employees of a governmental subdivision who have
not reached the age of 23 and are enrolled on a full-time basis to attend or
are attending classes on a full-time basis at an accredited school, college, or
university in an undergraduate, graduate, or professional-technical program, or
a public or charter high school;
(9) resident physicians, medical interns, and
pharmacist residents and pharmacist interns who are serving in a degree or
residency program in public hospitals or clinics;
(10) students who are serving in an internship or
residency program sponsored by an accredited educational institution;
(11) persons who hold a part-time adult supplementary
technical college license who render part-time teaching service in a technical
college;
(12) except for employees of Hennepin County or
Hennepin Healthcare System, Inc., foreign citizens working for a governmental
subdivision with a work permit of less than three years, or an H-1b visa valid
for less than three years of employment.
Upon notice to the association that the work permit or visa extends
beyond the three-year period, the foreign citizens must be reported for
membership from the date of the extension;
(13) public hospital employees who elected not to
participate as members of the association before 1972 and who did not elect to
participate from July 1, 1988, to October 1, 1988;
(14) except as provided in section 353.86, volunteer
ambulance service personnel, as defined in subdivision 35, but persons who
serve as volunteer ambulance service personnel may still qualify as public
employees under subdivision 2 and may be members of the Public Employees
Retirement Association and participants in the public general
employees retirement fund or the public employees police and fire fund,
whichever applies, on the basis of compensation received from public employment
service other than service as volunteer ambulance service personnel;
(15) except as provided in section 353.87, volunteer
firefighters, as defined in subdivision 36, engaging in activities undertaken
as part of volunteer firefighter duties; provided that a person who is a
volunteer firefighter may still qualify as a public employee under subdivision
2 and may be a member of the Public Employees Retirement Association and a
participant in the public general employees retirement fund or
the public employees police and fire fund, whichever applies, on the basis of
compensation received from public employment activities other than those as a
volunteer firefighter;
(16) pipefitters and associated trades personnel
employed by Independent School District No. 625, St. Paul, with
coverage under a collective bargaining agreement by the pipefitters local 455
pension plan who were either first employed after May 1, 1997, or, if first
employed before May 2, 1997, elected to be excluded under Laws 1997, chapter
241, article 2, section 12;
(17) electrical workers, plumbers, carpenters, and
associated trades personnel employed by Independent School District No. 625,
St. Paul, or the city of St. Paul, who have retirement coverage under
a collective bargaining agreement by the Electrical Workers Local 110 pension
plan, the United Association Plumbers Local 34 pension plan, or the Carpenters
Local 87 pension plan who were either first employed after May 1, 2000, or, if
first employed before May 2, 2000, elected to be excluded under Laws 2000,
chapter 461, article 7, section 5;
(18) bricklayers, allied craftworkers, cement masons,
glaziers, glassworkers, painters, allied tradesworkers, and plasterers employed
by the city of St. Paul or Independent School District No. 625, St. Paul,
with coverage under a collective bargaining agreement by the Bricklayers and
Allied Craftworkers Local 1 pension plan, the Cement Masons Local 633 pension
plan, the Glaziers and Glassworkers Local L-1324 pension plan, the Painters and
Allied Trades Local 61 pension plan, or the Twin Cities Plasterers Local 265
pension plan who were either first employed after May 1, 2001, or if first
employed before May 2, 2001, elected to be excluded under Laws 2001, First
Special Session chapter 10, article 10, section 6;
(19) plumbers employed by the Metropolitan Airports
Commission, with coverage under a collective bargaining agreement by the
Plumbers Local 34 pension plan, who either were first employed after May 1,
2001, or if first employed before May 2, 2001, elected to be excluded under
Laws 2001, First Special Session chapter 10, article 10, section 6;
(20) employees who are hired after June 30, 2002, to
fill seasonal positions under subdivision 12b which are limited in duration by
the employer to 185 consecutive calendar days or less in each year of
employment with the governmental subdivision;
(21) persons who are provided supported employment or
work-study positions by a governmental subdivision and who participate in an
employment or industries program maintained for the benefit of these persons
where the governmental subdivision limits the position's duration to three
years or less, including persons participating in a federal or state subsidized
on-the-job training, work experience, senior citizen, youth, or unemployment
relief program where the training or work experience is not provided as a part
of, or for, future permanent public employment;
(22) independent contractors and the employees of
independent contractors; and
(23) reemployed annuitants of the association during
the course of that reemployment.
Sec. 3. Minnesota
Statutes 2008, section 353.01, is amended by adding a subdivision to read:
Subd. 47.
MERF division. "MERF division" means the
separate retirement plan within the general employees retirement plan of the
Public Employees Retirement Association containing the applicable provisions of
Minnesota Statutes 2008, chapter 422A.
Sec. 4. Minnesota
Statutes 2008, section 353.01, is amended by adding a subdivision to read:
Subd. 48.
MERF division account. "MERF division account"
means the separate account within the retirement fund of the general employees
retirement fund of the Public Employees Retirement Association in which the
actuarial liabilities of the former Minneapolis Employees Retirement Fund are
held, and in which the assets of the former Minneapolis Employees Retirement
Fund are credited.
Sec. 5. Minnesota
Statutes 2008, section 353.05, is amended to read:
353.05
CUSTODIAN OF FUNDS.
The commissioner of management and budget shall be ex
officio treasurer of the retirement funds of the association, including the
MERF division, and the general bond of the commissioner of management and
budget to the state shall must be so conditioned as to cover all
liability for acts as treasurer of these funds.
All moneys money of the association received by the
commissioner of management and budget shall must be set aside in
the state treasury to the credit of the proper fund or account. The commissioner of management and budget shall
transmit monthly to the executive director a detailed statement of all amounts
so received and credited to the fund funds, including the MERF
division. Payments out of the
fund shall funds, including the MERF division, may only be made only
on warrants issued by the commissioner of management and budget, upon abstracts
signed by the executive director; provided that abstracts for investment may be
signed by the secretary executive director of the State Board of
Investment.
Sec. 6. Minnesota
Statutes 2009 Supplement, section 353.06, is amended to read:
353.06
STATE BOARD OF INVESTMENT TO INVEST FUNDS.
The executive director shall from time to time certify
to the State Board of Investment for investment such portions of the retirement
fund funds of the association, including the MERF division, as in its
the director's judgment may not be required for immediate use. The State Board of Investment shall thereupon
invest and reinvest the sum so certified, or transferred, in such securities as
are duly authorized as legal investments for state employees retirement fund
under section 11A.24 and shall have has authority to sell,
convey, and exchange such securities and invest and reinvest the securities
when it deems it desirable to do so and shall sell securities upon request of
the board of trustees executive director when such funds are
needed for its purposes. All of the
provisions regarding accounting procedures and restrictions and conditions for
the purchase and sale of securities under chapter 11A must apply to the
accounting, purchase and sale of securities for the funds of the Public
Employees Retirement fund Association, including the MERF division.
Sec. 7. Minnesota
Statutes 2008, section 353.27, as amended by Laws 2009, chapter 169, article 1,
section 32, and article 4, sections 9, 10, 11, and 12, is amended to read:
353.27 PUBLIC
GENERAL EMPLOYEES RETIREMENT FUND.
Subdivision 1. Income; disbursements. There is a special fund known as the
"public general employees retirement fund," the
"retirement fund," or the "fund," which must include all
the assets of the general employees retirement plan of the association. This fund must be credited with all
contributions, all interest and all other income of the general employees
retirement plan of the Public Employees Retirement Association that are authorized
by law. From this fund there is
appropriated the payments authorized by this chapter sections 353.01
to 353.46 in the amounts and at such time provided herein, including the
expenses of administering the general employees retirement plan and fund.
Subd. 1a.
MERF division account
established; revenue and disbursements.
The MERF division account is established as a special account. The MERF division account includes all of the
assets of the former Minneapolis Employees Retirement Fund that were
transferred to the administration of the Public Employees Retirement
Association under section 353.50. The
special account is credited with the contributions under section 353.50,
subdivision 7, state aid under sections 356.43 and 422A.101, subdivision 3,
investment performance on the special account assets, and all other income of
the MERF division authorized by law. The
payments of annuities and benefits authorized by Minnesota Statutes 2008,
chapter 422A, in the amounts and at the times provided in that chapter, and the
administrative expenses of the MERF division are appropriated from the special
account.
Subd. 2. General employees retirement plan; employee
contribution. (a) For a basic member
of the general employees retirement plan of the Public Employees Retirement
Association, the employee contribution is 9.10 percent of salary. For a coordinated member of the general
employees retirement plan of the Public Employees Retirement Association,
the employee contribution is six percent of salary plus any contribution rate
adjustment under subdivision 3b.
(b) These contributions must be made by deduction from
salary as defined in section 353.01, subdivision 10, in the manner provided in
subdivision 4. If any portion of a
member's salary is paid from other than public funds, the member's employee
contribution must be based on the total salary received by the member from all
sources.
Subd. 3. General employees retirement plan;
employer contribution. (a) For a basic member of the general
employees retirement plan of the Public Employees Retirement Association,
the employer contribution is 9.10 percent of salary. For a coordinated member of the general
employees retirement plan of the Public Employees Retirement Association,
the employer contribution is six percent of salary plus any contribution rate
adjustment under subdivision 3b.
(b) This contribution must be made from funds
available to the employing subdivision by the means and in the manner provided
in section 353.28.
Subd. 3a. Additional employer contribution. (a) An additional employer contribution to
the general employees retirement fund of the Public Employees Retirement
Association must be made equal to the following applicable percentage of
the total salary amount for "basic members" and for "coordinated
members":
Basic
Program Coordinated
Program
Effective before January 1, 2006 2.68 .43
Effective January 1, 2006 2.68 .50
Effective January 1, 2009 2.68 .75
Effective January 1, 2010 2.68 1.00
These
contributions must be made from funds available to the employing subdivision by
the means and in the manner provided in section 353.28.
(b) The
coordinated program contribution rates set forth in paragraph (a) effective for
January 1, 2009, or January 1, 2010, must not be implemented if,
following receipt of the July 1, 2008, or July 1, 2009, annual actuarial
valuation reports report under section 356.215, respectively, the
actuarially required contributions are equal to or less than the total rates
under this section in effect as of January 1, 2008.
(c) This
subdivision is repealed once the actuarial value of the assets of the general
employees retirement plan of the Public Employees Retirement Association
equal or exceed the actuarial accrued liability of the plan as determined by
the actuary retained under sections 356.214 and 356.215. The repeal is effective on the first day of
the first full pay period occurring after March 31 of the calendar year
following the issuance of the actuarial valuation upon which the repeal is
based.
Subd. 3b. Change
in employee and employer contributions in certain instances. (a) For purposes of this section, a
contribution sufficiency exists if the total of the employee contribution under
subdivision 2, the employer contribution under subdivision 3, the additional
employer contribution under subdivision 3a, and any additional contribution
previously imposed under this subdivision exceeds the total of the normal cost,
the administrative expenses, and the amortization contribution of the general
employees retirement plan as reported in the most recent actuarial
valuation of the retirement plan prepared by the actuary retained under section
356.214 and prepared under section 356.215 and the standards for actuarial work
of the Legislative Commission on Pensions and Retirement.
For
purposes of this section, a contribution deficiency exists if the total of the
employee contributions under subdivision 2, the employer contributions under
subdivision 3, the additional employer contribution under subdivision 3a, and
any additional contribution previously imposed under this subdivision is less
than the total of the normal cost, the administrative expenses, and the
amortization contribution of the general employees retirement plan as
reported in the most recent actuarial valuation of the retirement plan prepared
by the actuary retained under section 356.214 and prepared under section
356.215 and the standards for actuarial work of the Legislative Commission on
Pensions and Retirement.
(b)
Employee and employer contributions to the general employees retirement plan
under subdivisions 2 and 3 must be adjusted:
(1) if,
after July 1, 2010, the regular actuarial valuations of the general employees
retirement plan of the Public Employees Retirement Association under section
356.215 indicate that there is a contribution sufficiency under paragraph (a)
equal to or greater than 0.5 percent of covered payroll for two consecutive
years, the coordinated program employee and employer contribution rates must be
decreased as determined under paragraph (c) to a level such that the
sufficiency equals no more than 0.25 percent of covered payroll based on the
most recent actuarial valuation; or
(2) if,
after July 1, 2010, the regular actuarial valuations of the general employees
retirement plan of the Public Employees Retirement Association under section
356.215 indicate that there is a deficiency equal to or greater than 0.5
percent of covered payroll for two consecutive years, the coordinated program
employee and employer contribution rates must be increased as determined under
paragraph (c) to a level such that no deficiency exists based on the most
recent actuarial valuation.
(c) The general
employees retirement plan contribution rate increase or decrease must be
determined by the executive director of the Public Employees Retirement
Association, must be reported to the chair and the executive director of the
Legislative Commission on Pensions and Retirement on or before the next
February 1, and, if the Legislative Commission on Pensions and Retirement does
not recommend against the rate change or does not recommend a modification in
the rate change, is effective on the next July 1 following the determination by
the executive director that a contribution deficiency or sufficiency has
existed for two consecutive fiscal years based on the most recent actuarial
valuations under section 356.215. If the
actuarially required contribution of the general employees retirement plan
exceeds or is less than the total support provided by the combined employee and
employer contribution rates by more than 0.5 percent of covered payroll, the general
employees retirement plan coordinated program employee and employer
contribution rates must be adjusted incrementally over one or more years to a
level such that there remains a contribution sufficiency of no more than 0.25
percent of covered payroll.
(d) No
incremental adjustment may exceed 0.25 percent for either the general
employees retirement plan coordinated program employee and employer
contribution rates per year in which any adjustment is implemented. A general employees retirement plan contribution
rate adjustment under this subdivision must not be made until at least two
years have passed since fully implementing a previous adjustment under this
subdivision.
(e) The
general employees retirement plan contribution sufficiency or deficiency
determination under paragraphs (a) to (d) must be made without the inclusion of
the contributions to, the funded condition of, or the actuarial funding
requirements of the MERF division.
Subd. 4. Employer
reporting requirements; contributions; member status. (a) A representative authorized by the
head of each department shall deduct employee contributions from the salary of
each employee who qualifies for membership in the general employees
retirement plan of the Public Employees Retirement Association or in the public
employees police and fire retirement plan under this chapter and remit
payment in a manner prescribed by the executive director for the aggregate
amount of the employee contributions, the employer contributions and the
additional employer contributions to be received within 14 calendar days. The head of each department or the
person's
designee shall for each pay period submit to the association a salary deduction
report in the format prescribed by the executive director. Data required to be submitted as part of
salary deduction reporting must include, but are not limited to:
(1) the
legal names and Social Security numbers of employees who are members;
(2) the
amount of each employee's salary deduction;
(3) the
amount of salary from which each deduction was made;
(4) the
beginning and ending dates of the payroll period covered and the date of actual
payment; and
(5)
adjustments or corrections covering past pay periods.
(b)
Employers must furnish the data required for enrollment for each new employee
who qualifies for membership in the general employees retirement plan of the
Public Employees Retirement Association or in the public employees police and
fire retirement plan in the format prescribed by the executive director. The required enrollment data on new employees
must be submitted to the association prior to or concurrent with the submission
of the initial employee salary deduction.
The employer shall also report to the association all member employment
status changes, such as leaves of absence, terminations, and death, and shall
report the effective dates of those changes, on an ongoing basis for the
payroll cycle in which they occur. The
employer shall furnish data, forms, and reports as may be required by the
executive director for proper administration of the retirement system. Before implementing new or different
computerized reporting requirements, the executive director shall give
appropriate advance notice to governmental subdivisions to allow time for
system modifications.
(c) Notwithstanding
paragraph (a), the association executive director may provide for
less frequent reporting and payments for small employers.
Subd. 7. Adjustment
for erroneous receipts or disbursements.
(a) Except as provided in paragraph (b), erroneous employee
deductions and erroneous employer contributions and additional employer
contributions to the general employees retirement plan of the Public
Employees Retirement Association or to the public employees police and fire
retirement plan for a person, who otherwise does not qualify for membership
under this chapter, are considered:
(1) valid if
the initial erroneous deduction began before January 1, 1990. Upon determination of the error by the
association, the person may continue membership in the association while
employed in the same position for which erroneous deductions were taken, or
file a written election to terminate membership and apply for a refund upon
termination of public service or defer an annuity under section 353.34; or
(2) invalid,
if the initial erroneous employee deduction began on or after January 1, 1990. Upon determination of the error, the
association shall refund all erroneous employee deductions and all erroneous
employer contributions as specified in paragraph (e). No person may claim a right to continued or
past membership in the association based on erroneous deductions which began on
or after January 1, 1990.
(b)
Erroneous deductions taken from the salary of a person who did not qualify for
membership in the general employees retirement plan of the Public Employees
Retirement Association or in the public employees police and fire
retirement plan by virtue of concurrent employment before July 1, 1978,
which required contributions to another retirement fund or relief association
established for the benefit of officers and employees of a governmental
subdivision, are invalid. Upon discovery
of the error, the association shall remove all invalid service and, upon
termination of public service, the association shall refund all erroneous
employee deductions to the person, with interest as determined under section
353.34, subdivision 2, and all erroneous employer contributions without
interest to the employer. This paragraph
has both retroactive and prospective application.
(c)
Adjustments to correct employer contributions and employee deductions taken in
error from amounts which are not salary under section 353.01, subdivision 10,
must be made as specified in paragraph (e).
The period of adjustment must be limited to the fiscal year in which the
error is discovered by the association and the immediate two preceding fiscal
years.
(d) If
there is evidence of fraud or other misconduct on the part of the employee or
the employer, the board of trustees may authorize adjustments to the account of
a member or former member to correct erroneous employee deductions and employer
contributions on invalid salary and the recovery of any overpayments for a
period longer than provided for under paragraph (c).
(e) Upon
discovery of the receipt of erroneous employee deductions and employer
contributions under paragraph (a), clause (2), or paragraph (c), the
association must require the employer to discontinue the erroneous employee
deductions and erroneous employer contributions reported on behalf of a member. Upon discontinuation, the association must:
(1) for a
member, provide a refund or credit to the employer in the amount of the invalid
employee deductions with interest on the invalid employee deductions at the
rate specified under section 353.34, subdivision 2, from the received date of
each invalid salary transaction through the date the credit or refund is made;
and the employer must pay the refunded employee deductions plus interest to the
member;
(2) for a
former member who:
(i) is not
receiving a retirement annuity or benefit, return the erroneous employee
deductions to the former member through a refund with interest at the rate
specified under section 353.34, subdivision 2, from the received date of each
invalid salary transaction through the date the credit or refund is made; or
(ii) is
receiving a retirement annuity or disability benefit, or a person who is
receiving an optional annuity or survivor benefit, for whom it has been
determined an overpayment must be recovered, adjust the payment amount and
recover the overpayments as provided under this section; and
(3) return
the invalid employer contributions reported on behalf of a member or former
member to the employer by providing a credit against future contributions payable
by the employer.
(f) In the
event that a salary warrant or check from which a deduction for the retirement
fund was taken has been canceled or the amount of the warrant or check returned
to the funds of the department making the payment, a refund of the sum
deducted, or any portion of it that is required to adjust the deductions, must
be made to the department or institution.
(g) If the
accrual date of any retirement annuity, survivor benefit, or disability benefit
is within the limitation period specified in paragraph (c), and an overpayment
has resulted by using invalid service or salary, or due to any erroneous
calculation procedure, the association must recalculate the annuity or benefit
payable and recover any overpayment as provided under subdivision 7b.
(h)
Notwithstanding the provisions of this subdivision, the association may apply
the Revenue Procedures defined in the federal Internal Revenue Service Employee
Plans Compliance Resolution System and not issue a refund of erroneous employee
deductions and employer contributions or not recover a small overpayment of
benefits if the cost to correct the error would exceed the amount of the member
refund or overpayment.
(i) Any
fees or penalties assessed by the federal Internal Revenue Service for any
failure by an employer to follow the statutory requirements for reporting
eligible members and salary must be paid by the employer.
Subd. 7a. Deductions
or contributions transmitted by error. (a)
If employee deductions and employer contributions under this section,
section 353.50, 353.65, or 353E.03 were erroneously transmitted to the
association, but should have been transmitted to another Minnesota public
pension plan, the executive director shall transfer the erroneous employee
deductions and employer contributions to the appropriate retirement fund or
individual account, as applicable, without interest. The time limitations specified in
subdivisions 7 and 12 do not apply.
(b) For
purposes of this subdivision, a Minnesota public pension plan means a plan
specified in section 356.30, subdivision 3, or the plans governed by chapters
353D and 354B.
(c) A
potential transfer under paragraph (a) that is reasonably determined to cause
the plan to fail to be a qualified plan under section 401(a) of the federal
Internal Revenue Code, as amended, must not be made by the executive director
of the association. Within 30 days after
being notified by the Public Employees Retirement Association of an unmade
potential transfer under this paragraph, the employer of the affected person
must transmit an amount representing the applicable salary deductions and
employer contributions, without interest, to the retirement fund of the
appropriate Minnesota public pension plan, or to the applicable individual
account if the proper coverage is by a defined contribution plan. The association must provide the employing
unit a credit for the amount of the erroneous salary deductions and employer
contributions against future contributions from the employer. If the employing unit receives a credit under
this paragraph, the employing unit is responsible for refunding to the
applicable employee any amount that had been erroneously deducted from the
person's salary.
Subd. 7b. Recovery
of overpayments. (a) In the event
the executive director determines that an overpaid annuity or benefit that
from the general employees retirement plan of the Public Employees
Retirement Association, the public employees police and fire retirement plan,
or the local government correctional employees retirement plan is the
result of invalid salary included in the average salary used to calculate the
payment amount must be recovered, the association must determine the amount of
the employee deductions taken in error on the invalid salary, with interest
determined in the manner provided for a former member under subdivision 7,
paragraph (e), clause (2), item (i), and must subtract that amount from the
total annuity or benefit overpayment, and the remaining balance of the overpaid
annuity or benefit, if any, must be recovered.
(b) If the
invalid employee deductions plus interest exceed the amount of the overpaid
benefits, the balance must be refunded to the person to whom the benefit or
annuity is being paid.
(c) Any
invalid employer contributions reported on the invalid salary must be credited
to the employer as provided in subdivision 7, paragraph (e).
(d) If a
member or former member, who is receiving a retirement annuity or disability
benefit for which an overpayment is being recovered, dies before recovery of
the overpayment is completed and a joint and survivor optional annuity is
payable, the remaining balance of the overpaid annuity or benefit must continue
to be recovered from the payment to the optional annuity beneficiary.
(e) If the association
finds that a refund has been overpaid to a former member, beneficiary or other
person, the amount of the overpayment must be recovered for the benefit of
the respective retirement fund or account.
(f) The
board of trustees shall adopt policies directing the period of time and manner
for the collection of any overpaid retirement or optional annuity, and survivor
or disability benefit, or a refund that the executive director determines must
be recovered as provided under this section.
Subd. 7c.
Limitation
on additional plan coverage. No
deductions for any plan under this chapter or chapter 353E may be taken from
the salary of a person who is employed by a governmental subdivision under
section 353.01, subdivision 6, and who is receiving disability benefit payments
from any plan under this chapter or chapter 353E unless the person waives the
right to further disability benefit payments.
Subd. 8. District
court reporters; salary deductions. Deductions
from the salary of a district court reporter in a judicial district consisting
of two or more counties shall must be made by the auditor of the
county in which the bond and official oath of such district court reporter are
filed, from the portion of salary paid by such county.
Subd. 9. Fee
officers; contributions; obligations of employers. Any appointed or elected officer of a
governmental subdivision who was or is a "public employee" within the
meaning of section 353.01 and was or is a member of the fund general
employees retirement plan of the Public Employees Retirement Association and
whose salary was or is paid in whole or in part from revenue derived by fees
and assessments, shall pay employee contribution in the amount, at the time,
and in the manner provided in subdivisions 2 and 4. This subdivision shall does not
apply to district court reporters. The
employer contribution as provided in subdivision 3, and the additional employer
contribution as provided in subdivision 3a, with respect to such service shall
must be paid by the governmental subdivision. This subdivision shall have has
both retroactive and prospective application as to all such members; and every
employing governmental subdivision is deemed liable, retroactively and
prospectively, for all employer and additional employer contributions for every
such member of the general employees retirement plan in its employ. Delinquencies under this section shall be
are governed in all respects by section 353.28.
Subd. 10. Employer
exclusion reports. The head of a
department shall annually furnish the executive director with an exclusion
report listing only those employees in potentially PERA-eligible PERA
general employees retirement plan-eligible positions who were not reported
as members of the association general employees retirement plan and
who worked during the school year for school employees and calendar year for
nonschool employees. The department head
must certify the accuracy and completeness of the exclusion report to the
association. The executive director
shall prescribe the manner and forms, including standardized exclusion codes,
to be used by a governmental subdivision in preparing and filing exclusion
reports. The executive director shall
also check the exclusion report to ascertain whether any omissions have been
made by a department head in the reporting of new public employees for
membership. The executive director may
delegate an association employee under section 353.03, subdivision 3a,
paragraph (b), clause (5), to conduct a field audit to review the payroll
records of a governmental subdivision.
Subd. 11. Employers;
required to furnish requested information.
(a) All governmental subdivisions shall furnish promptly such other
information relative to the employment status of all employees or former
employees, including, but not limited to, payroll abstracts pertaining to all
past and present employees, as may be requested by the executive director,
including schedules of salaries applicable to various categories of employment.
(b) In the
event payroll abstract records have been lost or destroyed, for whatever reason
or in whatever manner, so that such schedules of salaries cannot be furnished
therefrom, the employing governmental subdivision, in lieu thereof, shall
furnish to the association an estimate of the earnings of any employee or
former employee for any period as may be requested by the executive director. If the association is provided a schedule of
estimated earnings, the executive director is authorized to use the same as a
basis for making whatever computations might be necessary for determining
obligations of the employee and employer to the general employees retirement
fund plan, the public employees police and fire retirement plan, or
the local government correctional employees retirement plan. If estimates are not furnished by the
employer at the request of the executive director, the executive director may
estimate the obligations of the employee and employer to the general
employees retirement fund, the public employees police and fire
retirement plan, or the local government correctional employees retirement plan
based upon those records that are in its possession.
Subd. 12. Omitted
salary deductions; obligations. (a)
In the case of omission of required deductions for the general employees
retirement plan, the public employees police and fire retirement plan, or the
local government correctional employees retirement plan from the salary of
an employee, the department head or designee shall immediately, upon discovery,
report the employee for membership and deduct the employee deductions under
subdivision 4 during the current pay period or during the pay period
immediately following the discovery of the omission. Payment for the omitted obligations may only
be made in accordance with reporting procedures and methods established by the
executive director.
(b) When
the entire omission period of an employee does not exceed 60 days, the
governmental subdivision may report and submit payment of the omitted employee
deductions and the omitted employer contributions through the reporting
processes under subdivision 4.
(c) When
the omission period of an employee exceeds 60 days, the governmental
subdivision shall furnish to the association sufficient data and documentation
upon which the obligation for omitted employee and employer contributions can
be calculated. The omitted employee
deductions must be deducted from the employee's subsequent salary payment or
payments and remitted to the association for deposit in the applicable
retirement fund. The employee shall
pay omitted employee deductions due for the 60 days prior to the end of the
last pay period in the omission period during which salary was earned. The employer shall pay any remaining omitted
employee deductions and any omitted employer contributions, plus cumulative
interest at an annual rate of 8.5 percent compounded annually, from the date or
dates each omitted employee contribution was first payable.
(d) An
employer shall not hold an employee liable for omitted employee deductions
beyond the pay period dates under paragraph (c), nor attempt to recover from
the employee those employee deductions paid by the employer on behalf of the
employee. Omitted deductions due under
paragraph (c) which are not paid by the employee constitute a liability of the
employer that failed to deduct the omitted deductions from the employee's
salary. The employer shall make payment
with interest at an annual rate of 8.5 percent compounded annually. Omitted employee deductions are no longer due
if an employee terminates public service before making payment of omitted
employee deductions to the association, but the employer remains liable to pay
omitted employer contributions plus interest at an annual rate of 8.5 percent compounded
annually from the date the contributions were first payable.
(e) The
association may not commence action for the recovery of omitted employee
deductions and employer contributions after the expiration of three calendar
years after the calendar year in which the contributions and deductions were
omitted. Except as provided under
paragraph (b), no payment may be made or accepted unless the association has
already commenced action for recovery of omitted deductions. An action for recovery commences on the date
of the mailing of any written correspondence from the association requesting
information from the governmental subdivision upon which to determine whether
or not omitted deductions occurred.
Subd. 12a. Terminated
employees: omitted deductions. A terminated employee who was a member
of the general employees retirement plan of the Public Employees Retirement
Association, the public employees police and fire retirement plan, or the local
government correctional employees retirement plan and who has a period of
employment in which previously omitted employer contributions were made under
subdivision 12 but for whom no, or only partial, omitted employee contributions
have been made, or a member who had prior coverage in the association for which
previously omitted employer contributions were made under subdivision 12 but
who terminated service before required omitted employee deductions could be
withheld from salary, may pay the omitted employee deductions for the period on
which omitted employer contributions were previously paid plus interest at an
annual rate of 8.5 percent compounded annually.
A terminated employee may pay the omitted employee deductions plus
interest within six months of an initial notification from the association of
eligibility to pay those omitted deductions.
If a terminated employee is reemployed in a position covered under a
public pension fund under section 356.30, subdivision 3, and elects to pay
omitted employee deductions, payment must be made no later than six months
after a subsequent termination of public service.
Subd. 12b. Terminated
employees: immediate eligibility. If deductions were omitted from salary
adjustments or final salary of a terminated employee who was a member of the
general employees retirement plan, the public employees police and fire
retirement plan, or the local government correctional employees retirement plan
and who is immediately eligible to draw a monthly benefit, the employer
shall pay the omitted employer and employer additional contributions plus
interest on both the employer and employee amounts due at an annual rate of 8.5
percent compounded annually. The
employee shall pay the employee deductions within six months of an initial
notification from the association of eligibility to pay omitted deductions or
the employee forfeits the right to make the payment.
Subd. 13. Certain
warrants canceled. A warrant payable
from the general employees retirement fund, the public employees
police and fire retirement fund, or the local government correctional
retirement fund remaining unpaid for a period of six months must be
canceled into the applicable retirement fund and not canceled into
the state's general fund.
Subd. 14. Periods
before initial coverage date. (a) If
an entity is determined to be a governmental subdivision due to receipt of a
written notice of eligibility from the association with respect to the
general employees retirement plan, the public employees police and fire
retirement plan, or the local government correctional retirement plan, that
employer and its employees are subject to the requirements of subdivision 12,
effective retroactively to the date that the executive director of the
association determines that the entity first met the definition of a
governmental subdivision, if that date predates the notice of eligibility.
(b) If the
retroactive time period under paragraph (a) exceeds three years, an employee is
authorized to purchase service credit in the applicable Public Employees
Retirement Association plan for the portion of the period in excess of three
years, by making payment under section 356.551.
Notwithstanding any provision of section 356.551, subdivision 2, to
the contrary, regarding time limits on purchases, payment of a service
credit purchase amount may be made anytime before the termination of
public service.
(c) This
subdivision does not apply if the applicable employment under paragraph (a)
included coverage by any public or private defined benefit or defined
contribution retirement plan, other than a volunteer firefighters relief
association. If this paragraph applies,
an individual is prohibited from purchasing service credit from a Public
Employees Retirement Association plan for any period or periods specified
in paragraph (a).
Sec. 8. Minnesota Statutes 2008, section 353.34,
subdivision 1, is amended to read:
Subdivision
1. Refund
or deferred annuity. (a) A former
member is entitled to a refund of accumulated employee deductions under
subdivision 2, or to a deferred annuity under subdivision 3. Application for a refund may not be made
before the date of termination of public service. Except as specified in paragraph (b), a
refund must be paid within 120 days following receipt of the application unless
the applicant has again become a public employee required to be covered by the
association.
(b) If an
individual was placed on layoff under section 353.01, subdivision 12 or 12c, a
refund is not payable before termination of service under section 353.01,
subdivision 11a.
(c) An individual
who terminates public service covered by the Public Employees Retirement
Association general employees retirement plan, the MERF division, the
Public Employees Retirement Association police and fire retirement plan, or the
public employees local government corrections service retirement plan, and who
is employed by a different employer and who becomes an active member covered by
one of the other two plans, may receive a refund of employee contributions plus
six percent interest compounded annually from the plan from which the member
terminated service.
Sec. 9. Minnesota Statutes 2008, section 353.34,
subdivision 6, is amended to read:
Subd. 6. Additions
to fund. The board of trustees may
credit to the general employees retirement fund any moneys money
received in the form of contributions, donations, gifts, appropriations,
bequests, or otherwise.
Sec. 10. Minnesota Statutes 2008, section 353.37,
subdivision 1, is amended to read:
Subdivision
1. Salary
maximums. (a) The annuity of
a person otherwise eligible for an annuity under this chapter from
the general employees retirement plan of the Public Employees Retirement
Association, the public employees police and fire retirement plan, or the local
government correctional employees retirement plan must be
suspended
under subdivision 2 or reduced under subdivision 3, whichever results in the
higher annual annuity amount, if the person reenters public service as a
nonelective employee of a governmental subdivision in a position covered by
this chapter or returns to work as an employee of a labor organization that
represents public employees who are association members under this chapter and
salary for the reemployment service exceeds the annual maximum earnings
allowable for that age for the continued receipt of full benefit amounts
monthly under the federal Old Age, Survivors and Disability Insurance Program
as set by the secretary of health and human services under United States Code,
title 42, section 403, in any calendar year.
If the person has not yet reached the minimum age for the receipt of
Social Security benefits, the maximum salary for the person is equal to the
annual maximum earnings allowable for the minimum age for the receipt of Social
Security benefits.
(b) The
provisions of paragraph (a) do not apply to the members of the MERF division.
Sec. 11. Minnesota Statutes 2008, section 353.37,
subdivision 2, is amended to read:
Subd. 2. Suspension
of annuity. (a) The
association shall suspend the annuity on the first of the month after the month
in which the salary of the reemployed annuitant described in subdivision 1,
paragraph (a), exceeds the maximums set in subdivision 1, paragraph (a),
based only on those months in which the annuitant is actually employed in
nonelective public service in a position covered under this chapter or
employment with a labor organization that represents public employees who are association
members of a retirement plan under this chapter or chapter 353E.
(b) An
annuitant who is elected to public office after retirement may hold that
office and receive an annuity otherwise payable from a retirement plan
administered by the association.
Sec. 12. Minnesota Statutes 2008, section 353.37,
subdivision 3, is amended to read:
Subd. 3. Reduction
of annuity. (a) The
association shall reduce the amount of the annuity of a person who has not
reached the retirement age by one-half of the amount in excess of the
applicable reemployment income maximum under subdivision 1, paragraph (a).
(b) There is no reduction upon
reemployment, regardless of income, for a person who has reached the retirement
age.
Sec. 13. Minnesota Statutes 2008, section 353.37,
subdivision 4, is amended to read:
Subd. 4. Resumption
of annuity. The association shall
resume paying a full annuity to the reemployed annuitant described in
subdivision 1, paragraph (a), at the start of each calendar year until the
salary exceeds the maximums under subdivision 1, paragraph (a), or on
the first of the month following the termination of the employment
which resulted in the suspension of the annuity. The executive director may adopt policies
regarding the suspension and reduction of annuities under this section.
Sec. 14. Minnesota Statutes 2008, section 353.37,
subdivision 5, is amended to read:
Subd. 5. Effect
on annuity. Except as provided under
this section, public service performed by an annuitant described in
subdivision 1, paragraph (a), subsequent to retirement under this
chapter from the general employees retirement
plan, the public employees police and fire retirement plan, or the local
government correctional employees retirement plan does not increase
or decrease the amount of an annuity. The
annuitant shall not make any further contributions to the association's a
defined benefit plan administered by the association by reason of
this subsequent public service.
Sec. 15. Minnesota Statutes 2008, section 353.46,
subdivision 2, is amended to read:
Subd. 2. Rights
of deferred annuitant. The right
entitlement of a deferred annuitant or other former member of the
general employees retirement plan of the Public Employees Retirement
Association, the Minneapolis Employees Retirement Fund division, the public
employees police and fire retirement plan, or the local government correctional
employees retirement plan to receive an annuity under the law in effect at
the time such the person terminated public service is herein
preserved; provided, however,.
The provisions of section 353.71, subdivision 2, as amended by Laws
1973, chapter 753 shall, apply to a deferred annuitant or other
former member who first begins receiving an annuity after July 1, 1973.
Sec. 16. Minnesota Statutes 2008, section 353.46,
subdivision 6, is amended to read:
Subd. 6. Computation
of benefits for certain coordinated members.
Any coordinated member of the general employees retirement plan
of the Public Employees Retirement Association who prior to,
before July 1, 1979, was a member of the former coordinated
program of the former Minneapolis Municipal Employees Retirement Fund
and who prior to, before July 1, 1978, was a member of the
basic program of the Minneapolis Municipal Employees Retirement Fund shall:
(1) be is entitled
to receive a retirement annuity when otherwise qualified, the calculation of
which shall must utilize the formula accrual rates specified in
section 422A.15, subdivision 1, for that portion of credited service which was
rendered prior to before July 1, 1978, and the formula accrual
rates specified in section 353.29, subdivision 3, for the remainder of credited
service, both applied to the average salary as specified in section 353.29,
subdivision 2 353.01, subdivision 17a. The formula accrual rates to be used in
calculating the retirement annuity shall must recognize the
service after July 1, 1978, as a member of the former coordinated
program of the former Minneapolis Municipal Employees Retirement Fund
and after July 1, 1979, as a member of the general employees
retirement plan of the Public Employees Retirement Association as a
continuation of service rendered prior to before July 1, 1978. The annuity amount attributable to service as
a member of the basic program of the former Minneapolis Municipal
Employees Retirement Fund shall be is payable by from
the Minneapolis Employees Retirement Fund MERF division and the
annuity amount attributable to all other service shall be is payable
by from the general employees retirement fund of the Public Employees
Retirement Association;.
(2) retain
eligibility when otherwise qualified for a disability benefit from the
Minneapolis Employees Retirement Fund until July 1, 1982, notwithstanding
coverage by the Public Employees Retirement Association, if the member has or
would, without the transfer of retirement coverage from the basic program of
the Minneapolis Municipal Employees Retirement Fund to the coordinated program
of the Minneapolis Municipal Employees Retirement Fund or from the coordinated
program of the Minneapolis Municipal Employees Retirement Fund to the public
employees retirement fund, have sufficient credited service prior to January 1,
1983, to meet the minimum service requirements for a disability benefit
pursuant to section 422A.18. The disability
benefit amount attributable to service as a member of the basic program of the
Minneapolis Municipal Employees Retirement Fund shall be payable by the
Minneapolis Employees Retirement Fund and the disability benefit amount
attributable to all other service shall be payable by the Public Employees
Retirement Association.
Sec. 17. [353.50]
MERF CONSOLIDATION ACCOUNT; ESTABLISHMENT AND OPERATION.
Subdivision
1. Administrative consolidation.
(a) Notwithstanding any provision of this chapter or chapter 422A
to the contrary, the administration of the Minneapolis Employees Retirement
Fund as the MERF division is transferred to the Public Employees Retirement
Association board of trustees. The
assets, service credit, and benefit liabilities of the Minneapolis Employees
Retirement Fund transfer to the MERF division account within the general
employees retirement plan of the Public Employees Retirement Association
established by section 353.27, subdivision 1a, on July 1, 2010.
(b) The
creation of the MERF division must not be construed to alter the Social
Security or Medicare coverage of any member of the former Minneapolis Employees
Retirement Fund on June 29, 2010, while the person is employed in a position
covered under the MERF division of the Public Employees Retirement Association.
Subd. 2. Membership
transfer. Effective June 30,
2010, the active, inactive, and retired members of the Minneapolis Employees
Retirement Fund are transferred to the MERF division administered by the Public
Employees Retirement Association and are no longer members of the Minneapolis
Employees Retirement Fund.
Subd. 3. Service
credit and benefit liability transfer.
(a) All allowable service credit and salary credit of the members
of the Minneapolis Employees Retirement Fund as specified in the records of the
Minneapolis Employees Retirement Fund through June 30, 2010, are transferred to
the MERF division of the Public Employees Retirement Association and are
credited by the MERF division. Annuities
or benefits of persons who are active members of the former Minneapolis
Employees Retirement Fund on June 30, 2010, must be calculated under Minnesota
Statutes 2008, sections 422A.11; 422A.12; 422A.13; 422A.14; 422A.15; 422A.151;
422A.155; 422A.156; 422A.16; 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23,
but are only eligible for automatic postretirement adjustments after December
31, 2010, under section 356.415.
(b) The
liability for the payment of annuities and benefits of the Minneapolis
Employees Retirement Fund retirees and
benefit recipients as specified in the records of the Minneapolis Employees
Retirement Fund on June 29, 2010, is transferred to the MERF
division of the Public Employees Retirement Association on June 30, 2010.
Subd. 4. Records
transfer. On June 30, 2010,
the executive director of the Minneapolis Employees Retirement Fund shall
transfer all records and documents relating to the Minneapolis Employees
Retirement Fund and its benefit plan to the executive director of the Public
Employees Retirement Association. To the
extent possible, original copies of all records and documents must be
transferred.
Subd. 5. Transfer
of title to assets. On June
30, 2010, legal title to the assets of the Minneapolis Employees Retirement
Fund transfers to the State Board of Investment and the assets must be invested
under section 11A.14, as assets of the MERF division of the Public Employees
Retirement Association. The MERF
division is the successor in interest to all claims that the former Minneapolis
Employees Retirement Fund may have or may assert against any person and is the
successor in interest to all claims which could have been asserted against the
former Minneapolis Employees Retirement Fund, but the MERF division is not
liable for any claim against the former Minneapolis Employees Retirement Fund,
its former governing board, or its former administrative staff acting in a
fiduciary capacity under chapter 356A or under common law, which is founded
upon a claim of breach of fiduciary duty, but where the act or acts
constituting the claimed breach were not undertaken in good faith, the Public
Employees Retirement Association may assert any applicable defense to any claim
in any judicial or administrative proceeding that the former Minneapolis
Employees Retirement Fund, its former board, or its former administrative staff
would otherwise have been entitled to assert, and the Public Employees
Retirement Association may assert any applicable defense that it has in its
capacity as a statewide agency.
Subd. 6. Benefits. (a) The annuities and benefits of, or
attributable to, retired, disabled, deferred, or inactive Minneapolis Employees
Retirement Fund members with that status as of June 30, 2010, with the
exception of post-December 31, 2010, postretirement adjustments, which are
governed by paragraph (b), as calculated under Minnesota Statutes 2008,
sections 422A.11; 422A.12; 422A.13; 422A.14; 422A.15; 422A.151; 422A.155;
422A.156; 422A.16; 422A.17; 422A.18; 422A.19; 422A.20; and 422A.23, continue in
force after the administrative consolidation under this article.
(b) After
December 31, 2010, annuities and benefits from the MERF division are eligible
for annual automatic postretirement adjustments solely under section 356.415.
Subd. 7. MERF
division account contributions. (a)
After June 30, 2010, the member and employer contributions to the MERF division
account are governed by this subdivision.
(b) An
active member covered by the MERF division must make an employee contribution
of 9.75 percent of the total salary of the member as defined in section 353.01,
subdivision 10. The employee
contribution must be made by payroll deduction by the member's employing unit
under section 353.27, subdivision 4, and is subject to the provisions of
section 353.27, subdivisions 7, 7a, 7b, 12, 12a, and 12b.
(c) The
employer regular contribution to the MERF division account with respect to an
active MERF division member is 9.75 percent of the total salary of the member
as defined in section 353.01, subdivision 10.
(d) The employer
additional contribution to the MERF division account with respect to an active
member of the MERF division is 2.68 percent of the total salary of the member
as defined in section 353.01, subdivision 10, plus the employing unit's share
of $3,900,000 that the employing unit paid or is payable to the former
Minneapolis Employees Retirement Fund under Minnesota Statutes 2008, section
422A.101, subdivision 1a, 2, or 2a, during calendar year 2009, as was certified
by the former executive director of the former Minneapolis Employees Retirement
Fund.
(e) Annually
after June 30, 2012, the employer supplemental contribution to the MERF
division account by the city of Minneapolis, Special School District No. 1,
Minneapolis, a Minneapolis-owned public utility, improvement, or municipal
activity, Hennepin county, the Metropolitan Council, the Metropolitan Airports
Commission, and the Minnesota State Colleges and Universities system is the
larger of the following:
(1) the
amount by which the total actuarial required contribution determined under
section 356.215 by the approved actuary retained by the Public Employees
Retirement Association in the most recent actuarial valuation of the MERF
division and based on a June 30, 2031, amortization date, after subtracting the
contributions under paragraphs (b), (c), and (d), exceeds $22,750,000 or
$24,000,000, whichever applies; or
(2) the
amount of $27,000,000, but the total supplemental contribution amount plus the
contributions under paragraphs (c) and (d) may not exceed $34,000,000. Each employing unit's share of the total
employer supplemental contribution amount is equal to the applicable portion
specified in paragraph (g). The initial
total actuarial required contribution after June 30, 2012, must be calculated
using the mortality assumption change recommended on September 30, 2009, for
the Minneapolis Employees Retirement Fund by the approved consulting actuary
retained by the Minneapolis Employees Retirement Fund board.
(f)
Notwithstanding any provision of paragraph (c), (d), or (e) to the contrary, as
of August 1 annually, if the amount of the retirement annuities and benefits
paid from the MERF division account during the preceding fiscal year,
multiplied by the factor of 1.035, exceeds the market value of the assets of
the MERF division account on the preceding June 30, plus state aid of
$9,000,000, $22,750,000, or $24,000,000, whichever applies, plus the amounts
payable under paragraphs (b), (c), (d), and (e) during the preceding fiscal
year, multiplied by the factor of 1.035, the balance calculated is a special
additional employer contribution. The
special additional employer contribution under this paragraph is payable in
addition to any employer contribution required under paragraphs (c), (d), and
(e), and is payable on or before the following June 30. The special additional employer contribution
under this paragraph must be allocated as specified in paragraph (g).
(g) The
employer supplemental contribution under paragraph (e) or the special
additional employer contribution under paragraph (f) must be allocated between
the city of Minneapolis, Special School District No. 1, Minneapolis, any
Minneapolis-owned public utility, improvement, or municipal activity, the
Minnesota State Colleges and Universities system, Hennepin County, the
Metropolitan Council, and the Metropolitan Airports Commission in proportion to
their share of the actuarial accrued liability of the former Minneapolis
Employees Retirement Fund as of July 1, 2009, as calculated by the approved actuary
retained under section 356.214 as part of the actuarial valuation prepared as
of July 1, 2009, under section 356.215 and the Standards for Actuarial Work
adopted by the Legislative Commission on Pensions and Retirement.
(h) The
employer contributions under paragraphs (c), (d), and (e) must be paid as
provided in section 353.28.
(i)
Contributions under this subdivision are subject to the provisions of section
353.27, subdivisions 4, 7, 7a, 7b, 11, 12, 12a, 12b, 13, and 14.
Subd. 7a. Minneapolis
Municipal Retirement Association dues.
If authorized by an annuitant or retirement benefit recipient in
writing on a form prescribed by the executive director of the Public Employees
Retirement Association, the executive director shall deduct the dues for the
Minneapolis Municipal Retirement Association from the person's annuity or
retirement benefit. This dues deduction
authority expires upon the eventual full consolidation of the MERF account
under subdivision 8.
Subd. 8. Eventual
full consolidation. (a) Once
the fiscal year end market value of assets of the MERF division account equals
or exceeds 80 percent of the actuarial accrued liability of the MERF division
as calculated by the approved actuary retained by the Public Employees
Retirement Association under section 356.215 and the Standards for Actuarial
Work adopted by the Legislative Commission on Pensions and Retirement, the MERF
division must be merged with the general employees retirement plan of the
Public Employees Retirement Association and the MERF division account ceases as
a separate account within the general employees retirement fund of the Public
Employees Retirement Association.
(b) If the
market value of the MERF division account is less than 100 percent of the
actuarial accrued liability of the MERF division under paragraph (a), the total
employer contribution of employing units referenced in subdivision 7, paragraph
(e), for the period after the full consolidation and June 30, 2031, to amortize
on a level annual dollar payment the remaining unfunded actuarial accrued
liability of the former MERF division account on the full consolidation date by
June 30, 2031, shall be calculated by the consulting actuary retained under
section 356.214 using the applicable postretirement interest rate actuarial
assumption for the general employees retirement plan under section 356.215. The actuarial accrued liability of the MERF
division must be calculated using the healthy retired life mortality assumption
applicable to the general employees retirement plan.
(c) The
merger shall occur as of the first day of the first month after the date on
which the triggering actuarial valuation report is filed with the executive
director of the Legislative Commission on Pensions and Retirement.
(d) The
executive director of the Public Employees Retirement Association shall prepare
proposed legislation fully implementing the merger and updating the applicable
provisions of chapters 353 and 356 and transmit the proposed legislation to the
executive director of the Legislative Commission on Pensions and Retirement by
the following February 15.
Subd. 9. Merger
of former MERF membership groups into PERA-general. If provided for in an agreement
between the board of trustees of the Public Employees Retirement Association
and the governing board of an employing unit formerly with retirement coverage
provided for its employees by the former Minneapolis Employees Retirement Fund,
an employing unit may transfer sufficient assets to the general employees
retirement fund to cover the anticipated actuarial accrued liability for its
current or former employees that is in excess of MERF division account assets
attributable to those employees, have those employees be considered full
members of the general employees retirement plan, and be relieved of any
further contribution obligation to the general employees retirement plan for
those employees under this section. Any
agreement under this subdivision and any actuarial valuation report related to
a merger under this subdivision must be submitted to the executive director of
the Legislative Commission on Pensions and Retirement for comment prior to the
final execution.
Sec. 18. Minnesota Statutes 2008, section 353.64,
subdivision 7, is amended to read:
Subd. 7. Pension
coverage for certain public safety employees of the Metropolitan
Airports Commission. Any person
first employed as either a full-time firefighter or a full-time police officer
by the Metropolitan Airports Commission after June 30, 1978, who is not
eligible for coverage under the agreement signed between the state and the
secretary of the federal Department of Health and Human Services making the
provisions of the federal Old Age,
Survivors,
and Disability Insurance Act applicable to municipal employees because that
position is excluded from application pursuant to under Title 42,
United States Code, Sections 418 (d) (5) (A) and 418 (d) (8) (D) and section
355.07, shall not be a member of the Minneapolis Employees Retirement Fund
but shall be is a member of the public employees police and fire
fund and shall be is deemed to be a firefighter or a police
officer within the meaning of this section.
The Metropolitan Airports Commission shall make the employer
contribution required pursuant to under section 353.65, subdivision
3, with respect to each of its firefighters or police officers covered by the
public employees police and fire fund and shall meet the employers recording
and reporting requirements set forth in section 353.65, subdivision 4.
Sec. 19. Minnesota Statutes 2008, section 356.215,
subdivision 8, is amended to read:
Subd. 8. Interest
and salary assumptions. (a) The
actuarial valuation must use the applicable following preretirement interest
assumption and the applicable following postretirement interest assumption:
preretirement postretirement
interest
rate interest
rate
plan assumption assumption
general state employees retirement plan 8.5% 6.0%
correctional state employees retirement plan 8.5 6.0
State Patrol retirement plan 8.5 6.0
legislators retirement plan 8.5 6.0
elective state officers retirement plan 8.5 6.0
judges retirement plan 8.5 6.0
general public employees retirement plan 8.5 6.0
public employees police and fire retirement plan 8.5 6.0
local government correctional service retirement plan 8.5 6.0
teachers retirement plan 8.5 6.0
Minneapolis employees retirement plan 6.0 5.0
Duluth teachers retirement plan 8.5 8.5
St. Paul teachers retirement plan 8.5 8.5
Minneapolis Police Relief Association 6.0 6.0
Fairmont Police Relief Association 5.0 5.0
Minneapolis Fire Department Relief Association 6.0 6.0
Virginia Fire Department Relief Association 5.0 5.0
Bloomington Fire Department Relief Association 6.0 6.0
local monthly benefit volunteer firefighters relief
associations 5.0 5.0
(b) Before July 1, 2010, the actuarial valuation must
use the applicable following single rate future salary increase assumption, the
applicable following modified single rate future salary increase assumption, or
the applicable following graded rate future salary increase assumption:
(1)
single rate future salary increase assumption
future
salary
plan increase
assumption
legislators retirement plan 5.0%
judges retirement plan 4.0
Minneapolis Police Relief Association 4.0
Fairmont Police Relief Association 3.5
Minneapolis Fire Department Relief Association 4.0
Virginia Fire Department Relief Association 3.5
Bloomington Fire Department Relief Association 4.0
(2)
modified single rate future salary increase assumption
future
salary
plan increase
assumption
Minneapolis employees retirement plan the
prior calendar year amount increased
first by 1.0198 percent to prior fiscal
year
date and then increased by 4.0 percent
annually for each future year
(3)
(2) select and ultimate future salary increase assumption or graded rate
future salary increase assumption
future
salary
plan increase
assumption
general state employees retirement plan select
calculation and assumption A
correctional state employees retirement plan assumption
H
State Patrol retirement plan assumption
G
general public employees retirement plan select
calculation and assumption B
public employees police and fire fund retirement plan assumption
C
local government correctional service retirement plan assumption
G
teachers retirement plan assumption
D
Duluth teachers retirement plan assumption
E
St. Paul teachers retirement plan assumption
F
The select calculation is: during the designated select period, a
designated percentage rate is multiplied by the result of the designated
integer minus T, where T is the number of completed years of service, and is
added to the applicable future salary increase assumption. The designated select period is five years
and the designated integer is five for the general state employees retirement
plan and the general public employees retirement plan. The designated select period is ten years and
the designated integer is ten for all other retirement plans covered by this
clause. The designated percentage rate
is: (1) 0.2 percent for the correctional
state employees retirement plan, the State Patrol retirement plan, the public
employees police and fire plan, and the local government correctional service
plan; (2) 0.6 percent for the general state employees retirement plan and the general
public employees retirement plan; and (3) 0.3 percent for the teachers
retirement plan, the Duluth Teachers Retirement Fund Association, and the St. Paul
Teachers Retirement Fund Association. The
select calculation for the Duluth Teachers Retirement Fund Association is 8.00
percent per year for service years one through seven, 7.25 percent per year for
service years seven and eight, and 6.50 percent per year for service years
eight and nine.
The ultimate future salary increase assumption is:
age A B C D E F G H
16 5.95% 5.95% 11.00% 7.70% 8.00% 6.90% 7.7500% 7.2500%
17 5.90 5.90 11.00 7.65 8.00 6.90 7.7500 7.2500
18 5.85 5.85 11.00 7.60 8.00 6.90 7.7500 7.2500
19 5.80 5.80 11.00 7.55 8.00 6.90 7.7500 7.2500
20 5.75 5.40 11.00 5.50 6.90 6.90 7.7500 7.2500
21 5.75 5.40 11.00 5.50 6.90 6.90 7.1454 6.6454
22 5.75 5.40 10.50 5.50 6.90 6.90 7.0725 6.5725
23 5.75 5.40 10.00 5.50 6.85 6.85 7.0544 6.5544
24 5.75 5.40 9.50 5.50 6.80 6.80 7.0363 6.5363
25 5.75 5.40 9.00 5.50 6.75 6.75 7.0000 6.5000
26 5.75 5.36 8.70 5.50 6.70 6.70 7.0000 6.5000
27 5.75 5.32 8.40 5.50 6.65 6.65 7.0000 6.5000
28 5.75 5.28 8.10 5.50 6.60 6.60 7.0000 6.5000
29 5.75 5.24 7.80 5.50 6.55 6.55 7.0000 6.5000
30 5.75 5.20 7.50 5.50 6.50 6.50 7.0000 6.5000
31 5.75 5.16 7.30 5.50 6.45 6.45 7.0000 6.5000
32 5.75 5.12 7.10 5.50 6.40 6.40 7.0000 6.5000
33 5.75 5.08 6.90 5.50 6.35 6.35 7.0000 6.5000
34 5.75 5.04 6.70 5.50 6.30 6.30 7.0000 6.5000
35 5.75 5.00 6.50 5.50 6.25 6.25 7.0000 6.5000
36 5.75 4.96 6.30 5.50 6.20 6.20 6.9019 6.4019
37 5.75 4.92 6.10 5.50 6.15 6.15 6.8074 6.3074
38 5.75 4.88 5.90 5.40 6.10 6.10 6.7125 6.2125
39 5.75 4.84 5.70 5.30 6.05 6.05 6.6054 6.1054
40 5.75 4.80 5.50 5.20 6.00 6.00 6.5000 6.0000
41 5.75 4.76 5.40 5.10 5.90 5.95 6.3540 5.8540
42 5.75 4.72 5.30 5.00 5.80 5.90 6.2087 5.7087
43 5.65 4.68 5.20 4.90 5.70 5.85 6.0622 5.5622
44 5.55 4.64 5.10 4.80 5.60 5.80 5.9048 5.4078
45 5.45 4.60 5.00 4.70 5.50 5.75 5.7500 5.2500
46 5.35 4.56 4.95 4.60 5.40 5.70 5.6940 5.1940
47 5.25 4.52 4.90 4.50 5.30 5.65 5.6375 5.1375
48 5.15 4.48 4.85 4.50 5.20 5.60 5.5822 5.0822
49 5.05 4.44 4.80 4.50 5.10 5.55 5.5404 5.0404
50 4.95 4.40 4.75 4.50 5.00 5.50 5.5000 5.0000
51 4.85 4.36 4.75 4.50 4.90 5.45 5.4384 4.9384
52 4.75 4.32 4.75 4.50 4.80 5.40 5.3776 4.8776
53 4.65 4.28 4.75 4.50 4.70 5.35 5.3167 4.8167
54 4.55 4.24 4.75 4.50 4.60 5.30 5.2826 4.7826
55 4.45 4.20 4.75 4.50 4.50 5.25 5.2500 4.7500
56 4.35 4.16 4.75 4.50 4.40 5.20 5.2500 4.7500
57 4.25 4.12 4.75 4.50 4.30 5.15 5.2500 4.7500
58 4.25 4.08 4.75 4.60 4.20 5.10 5.2500 4.7500
59 4.25 4.04 4.75 4.70 4.10 5.05 5.2500 4.7500
60 4.25 4.00 4.75 4.80 4.00 5.00 5.2500 4.7500
61 4.25 4.00 4.75 4.90 3.90 5.00 5.2500 4.7500
62 4.25 4.00 4.75 5.00 3.80 5.00 5.2500 4.7500
63 4.25 4.00 4.75 5.10 3.70 5.00 5.2500 4.7500
64 4.25 4.00 4.75 5.20 3.60 5.00 5.2500 4.7500
65 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
66 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
67 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
68 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
69 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
70 4.25 4.00 4.75 5.20 3.50 5.00 5.2500 4.7500
71 4.25 4.00 5.20
(c) Before
July 2, 2010, the actuarial valuation must use the applicable following payroll
growth assumption for calculating the amortization requirement for the unfunded
actuarial accrued liability where the amortization retirement is calculated as
a level percentage of an increasing payroll:
plan payroll
growth assumption
general
state employees retirement plan 4.50%
correctional
state employees retirement plan 4.50
State
Patrol retirement plan 4.50
legislators
retirement plan 4.50
judges
retirement plan 4.00
general
public employees retirement plan 4.50
public
employees police and fire retirement plan 4.50
local
government correctional service retirement plan 4.50
teachers
retirement plan 4.50
Duluth
teachers retirement plan 4.50
St. Paul
teachers retirement plan 5.00
(d) After July 1, 2010, the assumptions set forth in
paragraphs (b) and (c) continue to apply, unless a different salary assumption
or a different payroll increase assumption:
(1) has been proposed by the governing board of the
applicable retirement plan;
(2) is accompanied by the concurring recommendation of
the actuary retained under section 356.214, subdivision 1, if applicable, or by
the approved actuary preparing the most recent actuarial valuation report if
section 356.214 does not apply; and
(3) has been approved or deemed approved under
subdivision 18.
Sec. 20. Minnesota
Statutes 2009 Supplement, section 356.215, subdivision 11, is amended to read:
Subd. 11. Amortization contributions. (a) In addition to the exhibit indicating
the level normal cost, the actuarial valuation of the retirement plan must
contain an exhibit for financial reporting purposes indicating the additional
annual contribution sufficient to amortize the unfunded actuarial accrued
liability and must contain an exhibit for contribution determination purposes
indicating the additional contribution sufficient to amortize the unfunded
actuarial accrued liability. For the
retirement plans listed in subdivision 8, paragraph (c), but excluding the
MERF division of the Public Employees Retirement Association, the
additional contribution must be calculated on a level percentage of covered
payroll basis by the established date for full funding in effect when the
valuation is prepared, assuming annual payroll growth at the applicable
percentage rate set forth in subdivision 8, paragraph (c). For all other retirement plans and for the
MERF division of the Public Employees Retirement Association, the
additional annual contribution must be calculated on a level annual dollar
amount basis.
(b) For any retirement plan other than the
Minneapolis Employees Retirement Fund, the general employees a retirement
plan of the Public Employees Retirement Association, and the St. Paul
Teachers Retirement Fund Association governed by paragraph (d), (e),
(f), (g), (h), (i), or (j), if there has not been a change in the actuarial
assumptions used for calculating the actuarial accrued liability of the fund, a
change in the benefit plan governing annuities and benefits payable from the
fund, a change in the actuarial cost method used in calculating the actuarial
accrued liability of all or a portion of the fund, or a combination of the
three, which change or changes by itself or by themselves without inclusion of
any other items of increase or decrease produce a net increase in the unfunded
actuarial accrued liability of the fund, the established date for full funding
is the first actuarial valuation date occurring after June 1, 2020.
(c) For any retirement plan other than the Minneapolis
Employees Retirement Fund and the general employees retirement plan of the
Public Employees Retirement Association, if there has been a change in any or
all of the actuarial assumptions used for calculating the actuarial accrued
liability of the fund, a change in the benefit plan governing annuities and
benefits payable from the fund, a change in the actuarial cost method used in
calculating the actuarial accrued liability of all or a portion of the fund, or
a combination of the three, and the change or changes, by itself or by
themselves and without inclusion of any other items of increase or decrease,
produce a net increase in the unfunded actuarial accrued liability in the fund,
the established date for full funding must be determined using the following
procedure:
(i) the unfunded actuarial accrued liability of the
fund must be determined in accordance with the plan provisions governing
annuities and retirement benefits and the actuarial assumptions in effect
before an applicable change;
(ii) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the unfunded actuarial
accrued liability amount determined under item (i) by the established date for
full funding in effect before the change must be calculated using the interest
assumption specified in subdivision 8 in effect before the change;
(iii) the unfunded actuarial accrued liability of the
fund must be determined in accordance with any new plan provisions governing
annuities and benefits payable from the fund and any new actuarial assumptions
and the remaining plan provisions governing annuities and benefits payable from
the fund and actuarial assumptions in effect before the change;
(iv) the level annual dollar contribution or level
percentage, whichever is applicable, needed to amortize the difference between
the unfunded actuarial accrued liability amount calculated under item (i) and
the unfunded actuarial accrued liability amount calculated under item (iii)
over a period of 30 years from the end of the plan year in which the applicable
change is effective must be calculated using the applicable interest assumption
specified in subdivision 8 in effect after any applicable change;
(v) the level annual dollar or level percentage
amortization contribution under item (iv) must be added to the level annual
dollar amortization contribution or level percentage calculated under item
(ii);
(vi) the period in which the unfunded actuarial
accrued liability amount determined in item (iii) is amortized by the total
level annual dollar or level percentage amortization contribution computed
under item (v) must be calculated using the interest assumption specified in
subdivision 8 in effect after any applicable change, rounded to the nearest
integral number of years, but not to exceed 30 years from the end of the plan
year in which the determination of the established date for full funding using
the procedure set forth in this clause is made and not to be less than the
period of years beginning in the plan year in which the determination of the
established date for full funding using the procedure set forth in this clause
is made and ending by the date for full funding in effect before the change;
and
(vii) the period determined under item (vi) must be
added to the date as of which the actuarial valuation was prepared and the date
obtained is the new established date for full funding.
(d) For the Minneapolis Employees Retirement Fund
MERF division of the Public Employees Retirement Association, the
established date for full funding is June 30, 2020 2031.
(e) For the general employees retirement plan of the
Public Employees Retirement Association, the established date for full funding
is June 30, 2031.
(f) For the Teachers Retirement Association, the
established date for full funding is June 30, 2037.
(g) For the correctional state employees retirement
plan of the Minnesota State Retirement System, the established date for full funding
is June 30, 2038.
(h) For the judges retirement plan, the established
date for full funding is June 30, 2038.
(i) For the public employees police and fire
retirement plan, the established date for full funding is June 30, 2038.
(j) For the St. Paul Teachers Retirement Fund
Association, the established date for full funding is June 30 of the 25th year
from the valuation date. In addition to
other requirements of this chapter, the annual actuarial valuation shall
must contain an exhibit indicating the funded ratio and the deficiency or
sufficiency in annual contributions when comparing liabilities to the market
value of the assets of the fund as of the close of the most recent fiscal year.
(k) For the retirement plans for which the annual actuarial
valuation indicates an excess of valuation assets over the actuarial accrued
liability, the valuation assets in excess of the actuarial accrued liability
must be recognized as a reduction in the current contribution requirements by
an amount equal to the amortization of the excess expressed as a level
percentage of pay over a 30-year period beginning anew with each annual
actuarial valuation of the plan.
Sec. 21. Minnesota
Statutes 2008, section 422A.101, subdivision 3, is amended to read:
Subd. 3. State contributions. (a) Subject to the limitation set
forth in paragraph (c), the state shall pay to the MERF division account
of the Public Employees Retirement Association with respect to the former Minneapolis
Employees Retirement Fund annually an amount equal to the amount calculated
under paragraph (b).
(b) The payment amount is an amount equal to the
financial requirements of the Minneapolis Employees Retirement Fund MERF
division of the Public Employees Retirement Association reported in the
actuarial valuation of the fund general employees retirement plan of
the Public Employees Retirement Association prepared by the actuary
retained under section 356.214 consistent with section 356.215 for the most
recent year but based on a target date for full amortization of the unfunded
actuarial accrued liabilities by June 30, 2020 2031, less the
amount of employee contributions required under section 422A.10
353.50, subdivision 7, paragraph (b), and the amount of employer
contributions required under subdivisions 1a, 2, and 2a section
353.50, subdivision 7, paragraphs (c) and (d). Payments shall must be made
September 15 annually.
(c) The annual state contribution under this
subdivision may not exceed $9,000,000, plus the cost of the annual supplemental
benefit determined under Minnesota Statutes 2008, section 356.43,
through June 30, 2012, and may not exceed $9,000,000, plus the cost of the
annual supplemental benefit determined under Minnesota Statutes 2008, section
356.43, plus $13,750,000 on September 15, 2011, $13,750,000 on September 15,
2012, and $15,000,000 on September 15, 2013, and annually thereafter.
(d) Annually and after June 30, 2012, if the
amount determined under paragraph (b) exceeds $9,000,000 the
applicable maximum amount specified in paragraph (c), the excess must be
allocated to and paid to the fund by the employers identified in Minnesota
Statutes 2008, section 422A.101, subdivisions 1a and, 2, other
than units of metropolitan government and 2a. Each employer's share of the excess is
proportionate to the employer's share of the fund's unfunded actuarial accrued
liability as disclosed in the annual actuarial valuation prepared by the
actuary retained under section 356.214 compared to the total unfunded actuarial
accrued liability as of July 1, 2009, attributed to all employers
identified in Minnesota Statutes 2008, section 422A.101, subdivisions 1a
and 2, other than units of metropolitan government. Payments must be made in equal
installments as set forth in paragraph (b).
(e) State contributions under this section end on
September 15, 2031, or on September 1 following the first date on which the
current assets of the MERF division of the Public Employees Retirement
Association equal or exceed the actuarial accrued liability of the MERF
division of the Public Employees Retirement Association, whichever occurs
earlier.
Sec. 22. Minnesota
Statutes 2008, section 422A.26, is amended to read:
422A.26
COVERAGE BY THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.
Notwithstanding section 422A.09, or any other
law to the contrary, any person whose employment by, or assumption of a
position as an appointed or elected officer of, the city of Minneapolis, any of
the boards, departments, or commissions operated as a department of the city of
Minneapolis or independently if financed in whole or in part by funds of the
city of Minneapolis, the Metropolitan Airports Commission, the former Minneapolis
Employees Retirement Fund, or Special School District Number 1 if the person is
not a member of the Minneapolis Teachers Retirement Fund
Association by virtue of that employment or position, initially commences on or
after July 1, 1979 shall be, is a member of the general
employees retirement plan of the Public Employees Retirement Association unless
excluded from membership pursuant to under section 353.01,
subdivision 2b. In no event shall
there be any new members of the contributing class of the Minneapolis employees
fund on or after July 1, 1979.
Sec. 23. JULY 1, 2010, MERF DIVISION ACTUARIAL
VALUATION ASSUMPTIONS.
The approved actuary retained by the Minneapolis
Employees Retirement Fund shall compare the actuarial assumptions to be used
for the July 1, 2010, actuarial valuation of the general employees retirement
plan of the Public Employees Retirement Association with the actuarial
assumptions used to prepare the July 1, 2009, actuarial valuation of the
Minneapolis Employees Retirement Fund and, on or before July 1, 2010, shall
recommend to the approved actuary retained by the Public Employees Retirement
Association and to the Legislative Commission on Pensions and Retirement the
actuarial assumptions that the actuary believes would be appropriate for the
MERF division portion of the actuarial valuation of the general employees retirement
plan of the Public Employees Retirement Association. Any actuarial assumption changes related to
the MERF division must be approved under Minnesota Statutes, section 356.215,
subdivision 18.
Sec. 24. MINNEAPOLIS MUNICIPAL RETIREMENT
ASSOCIATION.
(a) The administrative consolidation of the former
Minneapolis Employees Retirement Fund into the general employees retirement
plan of the Public Employees Retirement Association and the merger of the MERF
division of the Public Employees Retirement Association into the general
employees retirement plan of the Public Employees Retirement Association does
not affect the function of the Minneapolis Municipal Retirement Association, a
nonprofit corporation, to monitor the administration of the retirement coverage
for former members of the former Minneapolis Employees Retirement Fund.
(b) Nothing in this article entitles the Minneapolis
Municipal Retirement Association to receive any revenue derived from taxes or
obligates the Public Employees Retirement Association to undertake any special
duties with respect to the corporation.
Sec. 25. TRANSFER OF MERF EMPLOYEES.
(a) Unless the employee elects the severance pay
option under paragraph (c), full-time employees of the Minneapolis Employees
Retirement Fund first employed before June 30, 2008, and employed full time by
the Minneapolis Employees Retirement Fund on June 29, 2010, with the employment
title of benefits coordinator, are transferred to employment by the city of
Minneapolis on July 1, 2010. The chief
human relations official of the city of Minneapolis shall place the transferred
employee in an appropriate employment position based on the employee's
education and employment experience. Transferred
employees must have their accumulated, but unused, vacation and sick leave
balances as of June 30, 2010, posted to the individual accounts with the new
employer. The transferred employees must
receive length of service credit for time served with the Minneapolis Employees
Retirement Fund. The transferred employee
must be given the opportunity as of the date of transfer to be covered for all
health and other insurance benefits offered by the new employer. Upon the transfer of the employee, the
Minneapolis Employees Retirement Fund shall transfer assets to the city of
Minneapolis equal to the present value of any accumulated unused vacation or
sick leave balances as of the date of transfer.
(b) Unless the employee elects the severance pay
option under paragraph (c), full-time employees of the Minneapolis Employees
Retirement Fund first employed before June 30, 2008, and employed full time by
the Minneapolis Employees Retirement Fund on June 29, 2010, with the employment
title of accounting manager or accountant II are transferred to employment by
the Public Employees Retirement Association on July 1, 2010. The chief human relations official of the
Public Employees Retirement Association shall place the transferred employee in
an appropriate employment position based on the employee's education and
employment experience. Transferred
employees must have their accumulated, but unused, vacation and sick leave
balances as of June 30, 2010, posted to the individual accounts with the new
employer. The transferred employees must
receive length of service credit for time served with the Minneapolis Employees
Retirement Fund. The transferred
employee must be given the opportunity as of the date of transfer to be covered
for all health and other insurance benefits offered by the new employer. Upon the transfer of the employee, the
executive director of the Public Employees Retirement Association shall deduct
from any assets transferred under section 353.50 an amount equal to the present
value of any accumulated unused vacation or sick leave balances as of the date
of transfer.
(c) An employee covered by paragraph (a) or (b) who
elects not to transfer to the new employer unit is granted severance pay in an
amount equivalent to one year of salary based on the last annual salary rate
received by the employee. The election
must be made prior to June 30, 2010, and is irrevocable. The severance pay is payable from the
Minneapolis Employees Retirement Fund on June 30, 2010.
Sec. 26. REVISOR'S INSTRUCTION.
In the next and future editions of Minnesota Statutes,
the revisor of statutes shall renumber Minnesota Statutes, section 422A.101,
subdivision 3, as Minnesota Statutes, section 353.505, and shall renumber
Minnesota Statutes, section 422A.26, as Minnesota Statutes, section 353.855. The revisor of statutes shall make conforming
changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
Sec. 27. REPEALER.
Minnesota Statutes 2008, sections 13.63, subdivision
1; 69.011, subdivision 2a; 356.43; 422A.01, subdivisions 1, 2, 3, 4, 4a, 5, 6,
7, 8, 9, 10, 11, 12, 13a, 17, and 18; 422A.02; 422A.03; 422A.04; 422A.05,
subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, and 8; 422A.06, subdivisions 1,
2, 3, 5, 6, and 7; 422A.08, subdivision 1; 422A.09; 422A.10; 422A.101,
subdivisions 1, 1a, 2, and 2a; 422A.11; 422A.12; 422A.13; 422A.14, subdivision
1; 422A.15; 422A.151;
422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, 4,
5, 6, 7, 8, 9, and 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, and 7;
422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, and 6; 422A.23,
subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, and 12; 422A.231; 422A.24; and
422A.25, are repealed.
Minnesota Statutes 2009 Supplement, sections 422A.06,
subdivision 8; and 422A.08, subdivision 5, are repealed.
Sec. 28. EFFECTIVE DATE.
Sections 1 to 27 are effective June 30, 2010.
ARTICLE 12
CONFORMING CHANGES RELATED TO THE MERF ADMINISTRATIVE
CONSOLIDATION
Section 1. Minnesota
Statutes 2009 Supplement, section 6.67, is amended to read:
6.67 PUBLIC
ACCOUNTANTS; REPORT OF POSSIBLE MISCONDUCT.
Whenever a public accountant in the course of auditing
the books and affairs of a political subdivision or a local public pension plan
governed by section 69.77, sections 69.771 to 69.775, or chapter 354A, 422A,
423B, 423C, or 424A, discovers evidence pointing to nonfeasance, misfeasance,
or malfeasance, on the part of an officer or employee in the conduct of duties
and affairs, the public accountant shall promptly make a report of such
discovery to the state auditor and the county attorney of the county in which
the governmental unit is situated and the public accountant shall also furnish
a copy of the report of audit upon completion to said officers. The county attorney shall act on such report
in the same manner as required by law for reports made to the county attorney
by the state auditor.
Sec. 2. Minnesota
Statutes 2008, section 11A.23, subdivision 4, is amended to read:
Subd. 4. Covered retirement funds and plans. The provisions of this section shall
apply to the following retirement funds and plans:
(1) Board of Trustees of the Minnesota State Colleges
and Universities supplemental retirement plan established under chapter 354C;
(2) state employees retirement fund established
pursuant to chapter 352;
(3) correctional employees retirement plan established
pursuant to chapter 352;
(4) State Patrol retirement fund established pursuant
to chapter 352B;
(5) unclassified employees retirement plan established
pursuant to chapter 352D;
(6) public general employees retirement
fund established pursuant to chapter 353;
(7) public employees police and fire fund established
pursuant to chapter 353;
(8) teachers' retirement fund established pursuant to
chapter 354;
(9) judges' retirement fund established pursuant to
chapter 490; and
(10) any other funds required by law to be invested by
the board.
Sec. 3. Minnesota
Statutes 2008, section 13D.01, subdivision 1, is amended to read:
Subdivision 1. In executive branch, local government. All meetings, including executive
sessions, must be open to the public
(a) of a state
(1) agency,
(2) board,
(3) commission, or
(4) department,
when
required or permitted by law to transact public business in a meeting;
(b) of the governing body of a
(1) school district however organized,
(2) unorganized territory,
(3) county,
(4) statutory or home rule charter city,
(5) town, or
(6) other public body;
(c) of any
(1) committee,
(2) subcommittee,
(3) board,
(4) department, or
(5) commission,
of a public
body; and
(d) of the governing body or a committee of:
(1) a statewide public pension plan defined in section
356A.01, subdivision 24; or
(2) a local public pension plan governed by section
69.77, sections 69.771 to 69.775, or chapter 354A, 422A, or 423B.
Sec. 4. Minnesota
Statutes 2008, section 43A.17, subdivision 9, is amended to read:
Subd. 9. Political subdivision compensation limit. (a) The salary and the value of all other
forms of compensation of a person employed by a political subdivision of this
state, excluding a school district, or employed under section 422A.03
may not exceed 110 percent of the salary of the governor as set under section
15A.082, except as provided in this subdivision. For purposes of this subdivision,
"political subdivision of this state" includes a statutory or home
rule charter city, county, town, metropolitan or regional agency, or other
political subdivision, but does not include a hospital, clinic, or health
maintenance organization owned by such a governmental unit.
(b) Beginning in 2006, the limit in paragraph (a) shall
must be adjusted annually in January.
The limit shall must equal the limit for the prior year
increased by the percentage increase, if any, in the Consumer Price Index for
all-urban consumers from October of the second prior year to October of the
immediately prior year.
(c) Deferred compensation and payroll allocations to
purchase an individual annuity contract for an employee are included in
determining the employee's salary. Other
forms of compensation which shall must be included to determine
an employee's total compensation are all other direct and indirect items of
compensation which are not specifically excluded by this subdivision. Other forms of compensation which shall
must not be included in a determination of an employee's total
compensation for the purposes of this subdivision are:
(1) employee benefits that are also provided for the
majority of all other full-time employees of the political subdivision,
vacation and sick leave allowances, health and dental insurance, disability
insurance, term life insurance, and pension benefits or like benefits the cost
of which is borne by the employee or which is not subject to tax as income
under the Internal Revenue Code of 1986;
(2) dues paid to organizations that are of a civic,
professional, educational, or governmental nature; and
(3) reimbursement for actual expenses incurred by the
employee which the governing body determines to be directly related to the
performance of job responsibilities, including any relocation expenses paid
during the initial year of employment.
The value of other forms of compensation shall be
is the annual cost to the political subdivision for the provision of the
compensation.
(d) The salary of a medical doctor or doctor of
osteopathy occupying a position that the governing body of the political
subdivision has determined requires an M.D. or D.O. degree is excluded from the
limitation in this subdivision.
(e) The commissioner may increase the limitation in
this subdivision for a position that the commissioner has determined requires
special expertise necessitating a higher salary to attract or retain a
qualified person. The commissioner shall
review each proposed increase giving due consideration to salary rates paid to
other persons with similar responsibilities in the state and nation. The commissioner may not increase the
limitation until the commissioner has presented the proposed increase to the
Legislative Coordinating Commission and received the commission's
recommendation on it. The recommendation
is advisory only. If the commission does
not give its recommendation on a proposed increase within 30 days from its
receipt of the proposal, the commission is deemed to have made no
recommendation. If the commissioner
grants or granted an increase under this paragraph, the new limitation shall
must be adjusted beginning in August 2005 and in each subsequent calendar
year in January by the percentage increase equal to the percentage increase, if
any, in the Consumer Price Index for all-urban consumers from October of the
second prior year to October of the immediately prior year.
Sec. 5. Minnesota
Statutes 2008, section 43A.316, subdivision 8, is amended to read:
Subd. 8. Continuation of coverage. (a) A former employee of an employer
participating in the program who is receiving a public pension disability
benefit or an annuity or has met the age and service requirements necessary to
receive an annuity under chapter 353, 353C, 354, 354A, 356, 422A, 423,
423A, or 424, or Minnesota Statutes 2008, chapter 422A, and the
former employee's dependents, are eligible to participate in the program. This participation is at the person's expense
unless a collective bargaining agreement or personnel policy provides otherwise. Premiums for these participants must be
established by the commissioner.
The commissioner may provide policy exclusions for
preexisting conditions only when there is a break in coverage between a
participant's coverage under the employment-based group insurance program and
the participant's coverage under this section.
An employer shall notify an employee of the option to participate under
this paragraph no later than the effective date of retirement. The retired employee or the employer of a
participating group on behalf of a current or retired employee shall notify the
commissioner within 30 days of the effective date of retirement of intent to
participate in the program according to the rules established by the
commissioner.
(b) The spouse of a deceased employee or former
employee may purchase the benefits provided at premiums established by the
commissioner if the spouse was a dependent under the employee's or former
employee's coverage under this section at the time of the death. The spouse remains eligible to participate in
the program as long as the group that included the deceased employee or former
employee participates in the program. Coverage
under this clause must be coordinated with relevant insurance benefits provided
through the federally sponsored Medicare program.
(c) The program benefits must continue in the event of
strike permitted by section 179A.18, if the exclusive representative chooses to
have coverage continue and the employee pays the total monthly premiums when
due.
(d) A participant who discontinues coverage may not
reenroll.
Persons participating under these paragraphs shall
make appropriate premium payments in the time and manner established by the
commissioner.
Sec. 6. Minnesota
Statutes 2009 Supplement, section 69.011, subdivision 1, is amended to read:
Subdivision 1. Definitions. Unless the language or context clearly
indicates that a different meaning is intended, the following words and terms,
for the purposes of this chapter and chapters 423, 423A, 424 and 424A, have the
meanings ascribed to them:
(a) "Commissioner" means the commissioner of
revenue.
(b) "Municipality" means:
(1) a home rule charter or statutory city;
(2) an organized town;
(3) a park district subject to chapter 398;
(4) the University of Minnesota;
(5) for purposes of the fire state aid program only,
an American Indian tribal government entity located within a federally
recognized American Indian reservation;
(6) for purposes of the police state aid program only,
an American Indian tribal government with a tribal police department which
exercises state arrest powers under section 626.90, 626.91, 626.92, or 626.93;
(7) for purposes of the police state aid program only,
the Metropolitan Airports Commission with respect to peace officers covered
under chapter 422A; and
(8) for purposes of the police state aid program only,
the Department of Natural Resources and the Department of Public Safety with
respect to peace officers covered under chapter 352B.
(c) "Minnesota Firetown Premium Report"
means a form prescribed by the commissioner containing space for reporting by
insurers of fire, lightning, sprinkler leakage and extended coverage premiums
received upon risks located or to be performed in this state less return
premiums and dividends.
(d) "Firetown" means the area serviced by
any municipality having a qualified fire department or a qualified incorporated
fire department having a subsidiary volunteer firefighters' relief association.
(e) "Market value" means latest available
market value of all property in a taxing jurisdiction, whether the property is
subject to taxation, or exempt from ad valorem taxation obtained from
information which appears on abstracts filed with the commissioner of revenue
or equalized by the State Board of Equalization.
(f) "Minnesota Aid to Police Premium Report"
means a form prescribed by the commissioner for reporting by each fire and
casualty insurer of all premiums received upon direct business received by it
in this state, or by its agents for it, in cash or otherwise, during the
preceding calendar year, with reference to insurance written for insuring
against the perils contained in auto insurance coverages as reported in the
Minnesota business schedule of the annual financial statement which each
insurer is required to file with the commissioner in accordance with the
governing laws or rules less return premiums and dividends.
(g) "Peace officer" means any person:
(1) whose primary source of income derived from wages
is from direct employment by a municipality or county as a law enforcement
officer on a full-time basis of not less than 30 hours per week;
(2) who has been employed for a minimum of six months
prior to December 31 preceding the date of the current year's certification
under subdivision 2, clause (b);
(3) who is sworn to enforce the general criminal laws
of the state and local ordinances;
(4) who is licensed by the Peace Officers Standards
and Training Board and is authorized to arrest with a warrant; and
(5) who is a member of a local police relief
association to which section 69.77 applies the Minneapolis Police Relief
Association, the State Patrol retirement plan, or the public
employees police and fire fund, or the Minneapolis Employees Retirement Fund.
(h) "Full-time equivalent number of peace
officers providing contract service" means the integral or fractional
number of peace officers which would be necessary to provide the contract
service if all peace officers providing service were employed on a full-time
basis as defined by the employing unit and the municipality receiving the
contract service.
(i) "Retirement benefits other than a service
pension" means any disbursement authorized under section 424A.05,
subdivision 3, clauses (2) and (3).
(j) "Municipal clerk, municipal clerk-treasurer,
or county auditor" means the person who was elected or appointed to the
specified position or, in the absence of the person, another person who is
designated by the applicable governing body.
In a park district, the clerk is the secretary of the board of park
district commissioners. In the case of
the University of Minnesota, the clerk is that official designated by the Board
of Regents. For the Metropolitan
Airports Commission, the clerk is the person designated by the commission. For the Department of Natural Resources or
the Department of Public Safety, the clerk is the respective commissioner. For a tribal police department which
exercises state arrest powers under section 626.90, 626.91, 626.92, or 626.93,
the clerk is the person designated by the applicable American Indian tribal
government.
(k) "Voluntary statewide lump-sum volunteer
firefighter retirement plan" means the retirement plan established by
chapter 353G.
Sec. 7. Minnesota
Statutes 2008, section 69.021, subdivision 10, is amended to read:
Subd. 10. Reduction in police state aid apportionment. (a) The commissioner of revenue shall
reduce the apportionment of police state aid under subdivisions 5, paragraph
(b), 6, and 7a, for eligible employer units by any excess police state aid.
(b) "Excess police state aid" is:
(1) for counties and for municipalities in which
police retirement coverage is provided wholly by the public employees police
and fire fund and all police officers are members of the plan governed by
sections 353.63 to 353.657, the amount in excess of the employer's total prior
calendar year obligation as defined in paragraph (c), as certified by the
executive director of the Public Employees Retirement Association;
(2) for municipalities in which police retirement
coverage is provided in part by the public employees police and fire fund
governed by sections 353.63 to 353.657 and in part by a local police
consolidation account governed by chapter 353A, and established before March 2,
1999, for which the municipality declined merger under section 353.665, subdivision
1, or established after March 1, 1999, the amount in excess of the employer's
total prior calendar year obligation as defined in paragraph (c), plus the
amount of the employer's total prior calendar year obligation under section
353A.09, subdivision 5, paragraphs (a) and (b), as certified by the executive
director of the Public Employees Retirement Association;
(3) for municipalities in which police retirement
coverage is provided by the public employees police and fire plan governed by
sections 353.63 to 353.657, in which police retirement coverage was provided by
a police consolidation account under chapter 353A before July 1, 1999, and for
which the municipality has an additional municipal contribution under section
353.665, subdivision 8, paragraph (b), the amount in excess of the employer's
total prior calendar year obligation as defined in paragraph (c), plus the
amount of any additional municipal contribution under section 353.665,
subdivision 8, paragraph (b), until the year 2010, as certified by the
executive director of the Public Employees Retirement Association;
(4) for municipalities in which police retirement
coverage is provided in part by the public employees police and fire fund
governed by sections 353.63 to 353.657 and in part by a local police relief
association governed by sections 69.77 and 423A.01, the amount in excess of the
employer's total prior calendar year obligation as defined in paragraph (c), as
certified by the executive director of the public employees retirement
association, plus the amount of the financial requirements of the relief
association certified to the applicable municipality during the prior calendar
year under section 69.77, subdivisions 4 and 5, reduced by the amount of member
contributions deducted from the covered salary of the relief association during
the prior calendar year under section 69.77, subdivision 3, as certified by the
chief administrative officer of the applicable municipality;
(5) for the Metropolitan Airports Commission, if
there are police officers hired before July 1, 1978, with retirement coverage
by the Minneapolis Employees Retirement Fund remaining, the amount in
excess of the commission's total prior calendar year obligation as defined in
paragraph (c), as certified by the executive director of the Public Employees
Retirement Association, plus the amount determined by expressing the
commission's total prior calendar year contribution to the Minneapolis
Employees Retirement Fund under section 422A.101, subdivisions 2 and 2a, as a
percentage of the commission's total prior calendar year covered payroll for
commission employees covered by the Minneapolis Employees Retirement Fund and
applying that percentage to the commission's total prior calendar year covered
payroll for commission police officers covered by the Minneapolis Employees
Retirement Fund, as certified by the chief administrative officer of the
Metropolitan Airports Commission; and
(6) for the Department of Natural Resources and for
the Department of Public Safety, the amount in excess of the employer's total
prior calendar year obligation under section 352B.02, subdivision 1c, for plan
members who are peace officers under section 69.011, subdivision 1, clause (g),
as certified by the executive director of the Minnesota State Retirement System.
(c) The employer's total prior calendar year
obligation with respect to the public employees police and fire plan is the
total prior calendar year obligation under section 353.65, subdivision 3, for
police officers as defined in section 353.64, subdivision 2, and the actual
total prior calendar year obligation under section 353.65, subdivision 3, for
firefighters, as defined in section 353.64, subdivision 3, but not to exceed
for those firefighters the applicable following amounts:
Municipality Maximum
Amount
Albert Lea $54,157.01
Anoka 10,399.31
Apple Valley 5,442.44
Austin 49,864.73
Bemidji 27,671.38
Brooklyn Center 6,605.92
Brooklyn Park 24,002.26
Burnsville 15,956.00
Cloquet 4,260.49
Coon Rapids 39,920.00
Cottage Grove 8,588.48
Crystal 5,855.00
East Grand Forks 51,009.88
Edina 32,251.00
Elk River 5,216.55
Ely 13,584.16
Eveleth 16,288.27
Fergus Falls 6,742.00
Fridley 33,420.64
Golden Valley 11,744.61
Hastings 16,561.00
Hopkins 4,324.23
International Falls 14,400.69
Lakeville 782.35
Lino Lakes 5,324.00
Little Falls 7,889.41
Maple Grove 6,707.54
Maplewood 8,476.69
Minnetonka 10,403.00
Montevideo 1,307.66
Moorhead 68,069.26
New Hope 6,739.72
North St. Paul 4,241.14
Northfield 770.63
Owatonna 37,292.67
Plymouth 6,754.71
Red Wing 3,504.01
Richfield 53,757.96
Rosemont Rosemount 1,712.55
Roseville 9,854.51
St. Anthony 33,055.00
St. Louis Park 53,643.11
Thief River Falls 28,365.04
Virginia 31,164.46
Waseca 11,135.17
West St. Paul 15,707.20
White Bear Lake 6,521.04
Woodbury 3,613.00
any other municipality 0.00
(d) The total amount of excess
police state aid must be deposited in the excess police state-aid account in
the general fund, administered and distributed as provided in subdivision 11.
Sec. 8. Minnesota Statutes 2009 Supplement, section
69.031, subdivision 5, is amended to read:
Subd. 5. Deposit
of state aid. (a) If the
municipality or the independent nonprofit firefighting corporation is covered
by the voluntary statewide lump-sum volunteer firefighter retirement plan under
chapter 353G, the executive director shall credit the fire state aid against
future municipal contribution requirements under section 353G.08 and shall
notify the municipality or independent nonprofit firefighting corporation of
the fire state aid so credited at least annually. If the municipality or the independent
nonprofit firefighting corporation is not covered by the voluntary statewide
lump-sum volunteer firefighter retirement plan, the municipal treasurer shall,
within 30 days after receipt, transmit the fire state aid to the treasurer of
the duly incorporated firefighters' relief association if there is one
organized and the association has filed a financial report with the
municipality. If the relief association
has not filed a financial report with the municipality, the municipal treasurer
shall delay transmission of the fire state aid to the relief association until
the complete financial report is filed. If
the municipality or independent nonprofit firefighting corporation is not covered
by the voluntary statewide lump-sum volunteer firefighter retirement plan, if
there is no relief association organized, or if the association has dissolved
or has been removed as trustees of state aid, then the treasurer of the
municipality shall deposit the money in the municipal treasury and the money
may be disbursed only for the purposes and in the manner set forth in section
424A.08 or for the payment of the employer contribution requirement with
respect to firefighters covered by the public employees police and fire
retirement plan under section 353.65, subdivision 3.
(b) The municipal treasurer, upon
receipt of the police state aid, shall disburse the police state aid in the
following manner:
(1) For a municipality in which a
local police relief association exists and all peace officers are members of
the association, the total state aid must be transmitted to the treasurer of
the relief association within 30 days of the date of receipt, and the treasurer
of the relief association shall immediately deposit the total state aid in the
special fund of the relief association;
(2) For a municipality in which
police retirement coverage is provided by the public employees police and fire
fund and all peace officers are members of the fund, including municipalities
covered by section 353.665, the total state aid must be applied toward the
municipality's employer contribution to the public employees police and fire
fund under sections 353.65, subdivision 3, and 353.665, subdivision 8,
paragraph (b), if applicable; or
(3) For a municipality other than a
city of the first class with a population of more than 300,000 in which both a
police relief association exists and police retirement coverage is provided in
part by the public employees police and fire fund, the municipality may elect
at its option to transmit the total state aid to the treasurer of the relief
association as provided in clause (1), to use the total state aid to apply
toward the municipality's employer contribution to the public employees police
and fire fund subject to all the provisions set forth in clause (2), or to
allot the total state aid proportionately to be transmitted to the police
relief association as provided in this subdivision and to apply toward the
municipality's employer contribution to the public employees police and fire
fund subject to the provisions of clause (2) on the basis of the respective
number of active full-time peace officers, as defined in section 69.011,
subdivision 1, clause (g).
For a city of the first class with
a population of more than 300,000, in addition, the city may elect to allot the
appropriate portion of the total police state aid to apply toward the employer
contribution of the city to the public employees police and fire fund based on
the covered salary of police officers covered by the fund each payroll period
and to transmit the balance to the police relief association; or
(4) For a municipality in which
police retirement coverage is provided in part by the public employees police
and fire fund and in part by a local police consolidation account governed by
chapter 353A and established before March 2, 1999, for which the municipality
declined merger under section 353.665, subdivision 1, or established after
March 1, 1999, the total police state aid must be applied towards the
municipality's total employer contribution to the public employees police and
fire fund and to the local police consolidation account under sections 353.65,
subdivision 3, and 353A.09, subdivision 5.
(c) The county treasurer, upon
receipt of the police state aid for the county, shall apply the total state aid
toward the county's employer contribution to the public employees police and
fire fund under section 353.65, subdivision 3.
(d) The designated Metropolitan Airports
Commission official, upon receipt of the police state aid for the Metropolitan
Airports Commission, shall apply the total police state aid first toward
the commission's employer contribution for police officers to the Minneapolis
Employees Retirement Fund under section 422A.101, subdivision 2a, and, if there
is any amount of police state aid remaining, shall apply that remainder toward
the commission's employer contribution for police officers to the public
employees police and fire plan under section 353.65, subdivision 3.
(e) The police state aid
apportioned to the Departments of Public Safety and Natural Resources under
section 69.021, subdivision 7a, is appropriated to the commissioner of
management and budget for transfer to the funds and accounts from which the
salaries of peace officers certified under section 69.011, subdivision 2a
2b, are paid. The commissioner of
revenue shall certify to the commissioners of public safety, natural resources,
and management and budget the amounts to be transferred from the appropriation
for police state aid. The commissioners
of public safety and natural resources shall certify to the commissioner of
management and budget the amounts to be credited to each of the funds and
accounts from which the peace officers employed by their respective departments
are paid. Each commissioner shall
allocate the police state aid first for employer contributions for employees
funded from the general fund and then for employer contributions for employees
funded from other funds. For peace
officers whose salaries are paid from the general fund, the amounts transferred
from the appropriation for police state aid must be canceled to the general
fund.
Sec. 9. Minnesota Statutes 2008, section 126C.41,
subdivision 3, is amended to read:
Subd. 3. Retirement
levies. (a) In 1991 and each year
thereafter, a district to which this subdivision applies may levy an additional
amount required for contributions to the general employees retirement plan
of the Public Employees Retirement Association as the successor of the Minneapolis
Employees Retirement Fund as a result of the maximum dollar amount limitation
on state contributions to the fund that plan imposed under
section 422A.101, subdivision 3. The
additional levy must not exceed the most recent amount certified by the board
of the Minneapolis Employees Retirement Fund executive director of the
Public Employees Retirement Association as the district's share of the
contribution requirement in excess of the maximum state contribution under
section 422A.101, subdivision 3.
(b) For taxes payable in 1994 and
thereafter, Special School District No. 1, Minneapolis, and Independent
School District No. 625, St. Paul, may levy for the increase in the
employer retirement fund contributions, under Laws 1992, chapter 598, article
5, section 1.
(c) If the employer retirement fund
contributions under section 354A.12, subdivision 2a, are increased for fiscal
year 1994 or later fiscal years, Special School District No. 1,
Minneapolis, and Independent School District No. 625, St. Paul, may
levy in payable 1994 or later an amount equal to the amount derived by applying
the net increase in the employer retirement fund contribution rate of the
respective teacher retirement fund association between fiscal year 1993 and the
fiscal year beginning in the year after the levy is certified to the total
covered payroll of the applicable teacher retirement fund association. If an applicable school district levies under
this paragraph, they may not levy under paragraph (b).
(d) In addition to the levy
authorized under paragraph (c), Special School District No. 1,
Minneapolis, may also levy payable in 1997 or later an amount equal to the
contributions under section 423A.02, subdivision 3, and may also levy in
payable 1994 or later an amount equal to the state aid contribution under
section 354A.12, subdivision 3b. Independent
School District No. 625, St. Paul, may levy payable in 1997 or later
an amount equal to the supplemental contributions under section 423A.02,
subdivision 3.
Sec. 10. Minnesota Statutes 2008, section 256D.21, is
amended to read:
256D.21 CONTINUATION OF BENEFITS; FORMER MINNEAPOLIS EMPLOYEES.
Subdivision 1. Continuation
of benefits. Each employee of the
city of Minneapolis who is transferred to and employed by the county under the
provisions of section 256D.20 and who is a contributing member of a retirement
system organized under the provisions of Minnesota Statutes 2008, chapter
422A, shall continue to be is a member of that system the
MERF division of the Public Employees Retirement Association and is entitled
to all of the applicable benefits conferred thereby by and
subject to all the restrictions of chapter 422A, unless the member applies
to cancel membership within six months after January 1, 1974 section
353.50.
Subd. 2. City
obligation. The cost to the public
of that portion of the retirement allowances or other benefits accrued while
any such employee was in the service of the city of Minneapolis shall must
remain an obligation of the city and a tax shall must be levied
and collected by it to discharge its obligation as provided by chapter 422A
in section 353.50, subdivision 7.
Subd. 3. County
obligation. The cost to the public
of the retirement allowances or other benefits accruing to employees so
transferred to and employed by the county shall be is the
obligation of and paid by the county at such time as the retirement board
shall fix and determine in accordance with chapter 422A in section
353.50, subdivision 7. The county
shall pay to the municipal general employees retirement fund an
amount certified to the county auditor of the county by the retirement board as
the cost of the retirement allowances and other benefits accruing and owing to
such county employees of the Public Employees Retirement Association
those amounts. The cost to the
public of the retirement allowances
as herein provided shall coverage under this section must be paid
from the county revenue fund by the county auditor upon receipt of
certification from the retirement board as herein provided, and the county
board is authorized to levy and collect such taxes as may be necessary to pay
such costs.
Sec. 11. Minnesota Statutes 2009 Supplement, section
352.01, subdivision 2b, is amended to read:
Subd. 2b. Excluded
employees. "State
employee" does not include:
(1) students employed by the
University of Minnesota, or the state colleges and universities, unless
approved for coverage by the Board of Regents of the University of Minnesota or
the Board of Trustees of the Minnesota State Colleges and Universities, whichever
is applicable;
(2) employees who are eligible for
membership in the state Teachers Retirement Association, except employees of
the Department of Education who have chosen or may choose to be covered by the
general state employees retirement plan of the Minnesota State Retirement
System instead of the Teachers Retirement Association;
(3) employees of the University of
Minnesota who are excluded from coverage by action of the Board of Regents;
(4) officers and enlisted personnel
in the National Guard and the naval militia who are assigned to permanent
peacetime duty and who under federal law are or are required to be members of a
federal retirement system;
(5) election officers;
(6) persons who are engaged in
public work for the state but who are employed by contractors when the
performance of the contract is authorized by the legislature or other competent
authority;
(7) officers and employees of the
senate, or of the house of representatives, or of a legislative committee or
commission who are temporarily employed;
(8) receivers, jurors, notaries
public, and court employees who are not in the judicial branch as defined in
section 43A.02, subdivision 25, except referees and adjusters employed by the
Department of Labor and Industry;
(9) patient and inmate help in
state charitable, penal, and correctional institutions including the Minnesota
Veterans Home;
(10) persons who are employed for
professional services where the service is incidental to their regular
professional duties and whose compensation is paid on a per diem basis;
(11) employees of the Sibley House
Association;
(12) the members of any state board
or commission who serve the state intermittently and are paid on a per diem
basis; the secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $5,000 or less per year, or, if they are legally
prohibited from serving more than three years; and the board of managers of the
State Agricultural Society and its treasurer unless the treasurer is also its
full-time secretary;
(13) state troopers and persons who
are described in section 352B.011, subdivision 10, clauses (2) to (8);
(14) temporary employees of the
Minnesota State Fair who are employed on or after July 1 for a period not to
extend beyond October 15 of that year; and persons who are employed at any time
by the state fair administration for special events held on the fairgrounds;
(15) emergency employees who are in
the classified service; except that if an emergency employee, within the same
pay period, becomes a provisional or probationary employee on other than a
temporary basis, the employee must be considered a "state employee"
retroactively to the beginning of the pay period;
(16) temporary employees in the
classified service, and temporary employees in the unclassified service who are
appointed for a definite period of not more than six months and who are
employed less than six months in any one-year period;
(17) interns hired for six months
or less and trainee employees, except those listed in subdivision 2a, clause
(8);
(18) persons whose compensation is
paid on a fee basis or as an independent contractor;
(19) state employees who are
employed by the Board of Trustees of the Minnesota State Colleges and
Universities in unclassified positions enumerated in section 43A.08,
subdivision 1, clause (9);
(20) state employees who in any
year have credit for 12 months service as teachers in the public schools of the
state and as teachers are members of the Teachers Retirement Association or a
retirement system in St. Paul, Minneapolis, or Duluth, except for
incidental employment as a state employee that is not covered by one of the
teacher retirement associations or systems;
(21) employees of the adjutant
general who are employed on an unlimited intermittent or temporary basis in the
classified or unclassified service for the support of Army and Air National
Guard training facilities;
(22) chaplains and nuns who are
excluded from coverage under the federal Old Age, Survivors, Disability, and
Health Insurance Program for the performance of service as specified in United
States Code, title 42, section 410(a)(8)(A), as amended, if no irrevocable
election of coverage has been made under section 3121(r) of the Internal
Revenue Code of 1986, as amended through December 31, 1992;
(23) examination monitors who are
employed by departments, agencies, commissions, and boards to conduct
examinations required by law;
(24) persons who are appointed to
serve as members of fact-finding commissions or adjustment panels, arbitrators,
or labor referees under chapter 179;
(25) temporary employees who are
employed for limited periods under any state or federal program for training or
rehabilitation, including persons who are employed for limited periods from
areas of economic distress, but not including skilled and supervisory personnel
and persons having civil service status covered by the system;
(26) full-time students who are
employed by the Minnesota Historical Society intermittently during part of the
year and full-time during the summer months;
(27) temporary employees who are
appointed for not more than six months, of the Metropolitan Council and of any
of its statutory boards, if the board members are appointed by the Metropolitan
Council;
(28) persons who are employed in
positions designated by the Department of Management and Budget as student
workers;
(29) members of trades who are
employed by the successor to the Metropolitan Waste Control Commission, who
have trade union pension plan coverage under a collective bargaining agreement,
and who are first employed after June 1, 1977;
(30) off-duty peace officers while
employed by the Metropolitan Council;
(31) persons who are employed as
full-time police officers by the Metropolitan Council and as police officers
are members of the public employees police and fire fund;
(32) persons who are employed as
full-time firefighters by the Department of Military Affairs and as
firefighters are members of the public employees police and fire fund;
(33) foreign citizens with a work permit
of less than three years, or an H-1b/JV visa valid for less than three years of
employment, unless notice of extension is supplied which allows them to work
for three or more years as of the date the extension is granted, in which case
they are eligible for coverage from the date extended; and
(34) persons who are employed by the
Board of Trustees of the Minnesota State Colleges and Universities and who
elected to remain members of the Public Employees Retirement Association or of
the MERF division of the Public Employees Retirement Association as the
successor of the Minneapolis Employees Retirement Fund, whichever applies,
under Minnesota Statutes 1994, section 136C.75.
Sec. 12. Minnesota Statutes 2008, section 353.03,
subdivision 1, is amended to read:
Subdivision 1. Management;
composition; election. (a) The
management of the Public Employees Retirement fund Association is
vested in an 11-member board of trustees consisting of ten members and the
state auditor. The state auditor may
designate a deputy auditor with expertise in pension matters as the auditor's
representative on the board. The
governor shall appoint five trustees to four-year terms, one of whom shall be
designated to represent school boards, one to represent cities, one to represent
counties, one who is a retired annuitant, and one who is a public member
knowledgeable in pension matters. The
membership of the association, including recipients of retirement annuities and
disability and survivor benefits, shall elect five trustees for terms of four
years, one of whom must be a member of the police and fire fund and one of whom
must be a former member who met the definition of public employee under section
353.01, subdivisions 2 and 2a, for at least five years prior to terminating
membership or a member who receives a disability benefit. Terms expire on January 31 of the fourth
year, and positions are vacant until newly elected members are seated. Except as provided in this subdivision,
trustees elected by the membership of the association must be public employees
and members of the association.
(b) For seven days beginning October
1 of each year preceding a year in which an election is held, the association
shall accept at its office filings in person or by mail of candidates for the
board of trustees. A candidate shall
submit at the time of filing a nominating petition signed by 25 or more members
of the association. No name may be
withdrawn from nomination by the nominee after October 15. At the request of a candidate for an elected
position on the board of trustees, the board shall mail a statement of up to
300 words prepared by the candidate to all persons eligible to vote in the
election of the candidate. The board may
adopt policies, subject to review and approval by the secretary of state under
paragraph (e), to govern the form and length of these statements, timing of
mailings, and deadlines for submitting materials to be mailed. The secretary of state shall resolve disputes
between the board and a candidate concerning application of these policies to a
particular statement.
(c) By January 10 of each year in
which elections are to be held, the board shall distribute by mail to the
members ballots listing the candidates. No
member may vote for more than one candidate for each board position to be
filled. A ballot indicating a vote for
more than one person for any position is void.
No special marking may be used on the ballot to indicate incumbents. Ballots mailed to the association must be
postmarked no later than January 31. The
ballot envelopes must be so designated and the ballots must be counted in a
manner that ensures that each vote is secret.
(d) A candidate who receives
contributions or makes expenditures in excess of $100, or has given implicit or
explicit consent for any other person to receive contributions or make
expenditures in excess of $100 for the purpose of bringing about the
candidate's election, shall file a report with the campaign finance and public
disclosure board disclosing the source and amount of all contributions to the
candidate's campaign. The campaign
finance and public
disclosure board shall prescribe
forms governing these disclosures. Expenditures
and contributions have the meaning defined in section 10A.01. These terms do not include the mailing made
by the association board on behalf of the candidate. A candidate shall file a report within 30
days from the day that the results of the election are announced. The Campaign Finance and Public Disclosure
Board shall maintain these reports and make them available for public
inspection in the same manner as the board maintains and makes available other
reports filed with it.
(e) The secretary of state shall
review and approve the procedures defined by the board of trustees for conducting
the elections specified in this subdivision, including board policies adopted
under paragraph (b).
(f) The board of trustees and the
executive director shall undertake their activities consistent with chapter
356A.
Sec. 13. Minnesota Statutes 2008, section 353.71,
subdivision 4, is amended to read:
Subd. 4. Repayment
of refund. Any person who has
received a refund from the Public Employees Retirement fund Association
and who is a member of any public retirement system referred to in subdivision
1, may repay such refund to the Public Employees Retirement fund Association
as provided in section 353.35.
Sec. 14. Minnesota Statutes 2008, section 353.86,
subdivision 1, is amended to read:
Subdivision 1. Participation. Volunteer ambulance service personnel, as
defined in section 353.01, subdivision 35, who are or become members of and
participants in the public general employees retirement fund or
the public employees police and fire fund before July 1, 2002, and make contributions
to either of those funds based on compensation for service other than volunteer
ambulance service may elect to participate in that same fund with respect to
compensation received for volunteer ambulance service, provided that the
volunteer ambulance service is not credited to another public or private
pension plan including the public employees retirement plan established by
chapter 353D and provided further that the volunteer ambulance service is
rendered for the same governmental unit for which the nonvolunteer ambulance
service is rendered.
Sec. 15. Minnesota Statutes 2008, section 353.86,
subdivision 2, is amended to read:
Subd. 2. Election. Volunteer ambulance service personnel to
whom subdivision 1 applies may exercise the election authorized under
subdivision 1 within the earlier of the one-year period beginning on July 1,
1989, and extending through June 30, 1990, or the one-year period commencing on
the first day of the first month following the start of employment in a
position covered by the public general employees retirement fund
or the public employees police and fire fund.
The election must be exercised by filing a written notice on a form
prescribed by the executive director of the association.
Sec. 16. Minnesota Statutes 2008, section 353.87,
subdivision 1, is amended to read:
Subdivision 1. Participation. Except as provided in subdivision 2, a
volunteer firefighter, as defined in section 353.01, subdivision 36, who, on
June 30, 1989, was a member of, and a participant in, the public general
employees retirement fund or the public employees police and fire fund and was
making contributions to either of those funds based, at least in part, on
compensation for services performed as a volunteer firefighter shall continue
as a member of, and a participant in, the public general
employees retirement fund or the public employees police and fire fund and
compensation for services performed as a volunteer firefighter shall must
be considered salary.
Sec. 17. Minnesota Statutes 2008, section 353.87,
subdivision 2, is amended to read:
Subd. 2. Option. A volunteer firefighter to whom
subdivision 1 applies has the option to terminate membership and future
participation in the public general employees retirement fund or
the public employees police and fire fund upon filing of a written notice of
intention to terminate participation. Notice
must be given on a form prescribed by the executive director of the association
and must be filed in the offices of the association not later than
June 30, 1990.
Sec. 18. Minnesota Statutes 2008, section 353.88, is
amended to read:
353.88 PENALTY FOR MEMBERSHIP MISCERTIFICATIONS AND CERTIFICATION FAILURES.
(a) If the board of trustees of the
Public Employees Retirement Association, upon the recommendation of the
executive director, determines that a governmental subdivision has certified a
public employee for membership in the public employees police and fire
retirement plan when the public employee was not eligible for that retirement
plan coverage, the public employee must be covered by the correct retirement
plan for subsequent service, the public employee retains the coverage for the
period of the misclassification, and the governmental subdivision shall pay in
a lump sum the difference in the actuarial present value of the retirement
annuities to which the public employee would have been entitled if the public
employee was properly classified. The
governmental subdivision payment is payable within 30 days of the board's
determination. If unpaid, it must be
collected under section 353.28. The
lump-sum payment must be deposited in the public general
employees retirement fund.
(b) If the executive director of
the Public Employees Retirement Association determines that a governmental
subdivision has failed to certify a person for retirement plan membership and
coverage under this chapter, in addition to the procedures under section
353.27, subdivision 4, 9, 10, 11, 12, 12a, or 12b, the director shall charge a
fine of $25 for each membership certification failure.
Sec. 19. Minnesota Statutes 2008, section 354.71, is
amended to read:
354.71 MINNEAPOLIS EMPLOYEES RETIREMENT FUND STATE AID REDEDICATED.
Subdivision 1. Appropriation. The positive difference, if any, between
the actual state aid paid payable to the MERF division account
of the Public Employees Retirement Association with respect to the former Minneapolis
Employees Retirement Fund under section 422A.101, subdivision 3, and $8,065,000
annually is appropriated from the general fund to the commissioner of
management and budget for deposit in the Teachers Retirement Association to
offset all or a portion of the current and future unfunded actuarial
accrued liability of the former Minneapolis Teachers Retirement Fund
Association.
Subd. 2. Financial
requirements. The appropriation in
subdivision 1 is available to the extent that financial requirements of with
respect to the MERF division of the Public Employees Retirement
Association as the successor of the former Minneapolis Employees Retirement
Fund under section 422A.101, subdivision 3, 353.50 have been
satisfied.
Sec. 20. Minnesota Statutes 2008, section 354A.011,
subdivision 27, is amended to read:
Subd. 27. Teacher. (a) "Teacher" means any person
who renders service for a public school district, other than a charter school,
located in the corporate limits of Duluth or St. Paul, as any of the
following:
(1) a full-time employee in a
position for which a valid license from the state Department of Education is
required;
(2) an employee of the teachers
retirement fund association located in the city of the first class unless
the employee has exercised the option pursuant to Laws 1955, chapter 10,
section 1, to retain membership in the Minneapolis Employees Retirement Fund
established pursuant to chapter 422A;
(3) a part-time employee in a
position for which a valid license from the state Department of Education is
required; or
(4) a part-time employee in a
position for which a valid license from the state Department of Education is
required who also renders other nonteaching services for the school district,
unless the board of trustees of the teachers retirement fund association
determines that the combined employment is on the whole so substantially
dissimilar to teaching service that the service may not be covered by the
association.
(b) The term does not mean any
person who renders service in the school district as any of the following:
(1) an independent contractor or the
employee of an independent contractor;
(2) an employee who is a full-time
teacher covered by the Teachers Retirement Association or by another teachers
retirement fund association established pursuant to this chapter or chapter
354;
(3) an employee who is exempt
from licensure pursuant to section 122A.30;
(4) an employee who is a teacher in
a technical college located in a city of the first class unless the person
elects coverage by the applicable first class city teacher retirement fund
association under section 354B.21, subdivision 2;
(5) a teacher employed by a charter
school, irrespective of the location of the school; or
(6) an employee who is a part-time
teacher in a technical college in a city of the first class and who has elected
coverage by the applicable first class city teacher retirement fund association
under section 354B.21, subdivision 2, but (i) the teaching service is
incidental to the regular nonteaching occupation of the person; (ii) the
applicable technical college stipulates annually in advance that the part-time
teaching service will not exceed 300 hours in a fiscal year; and (iii) the
part-time teaching actually does not exceed 300 hours in the fiscal year to
which the certification applies.
Sec. 21. Minnesota Statutes 2008, section 354A.39, is
amended to read:
354A.39 SERVICE IN OTHER PUBLIC RETIREMENT FUNDS; ANNUITY.
Any person who has been a member of
the Minnesota State Retirement System, the Public Employees Retirement
Association including the Public Employees Retirement Association Police and
Fire Fund, the Teachers Retirement Association, the Minnesota State Patrol
Retirement Association, the legislators retirement plan, the constitutional
officers retirement plan, the Minneapolis Employees Retirement Fund, the
Duluth Teachers Retirement Fund Association new law coordinated program, the St. Paul
Teachers Retirement Fund Association coordinated program, or any other public
employee retirement system in the state of Minnesota having a like provision,
but excluding all other funds providing retirement benefits for police officers
or firefighters shall be, is entitled, when qualified,
to an annuity from each fund if the person's total allowable service in all of
the funds or in any two or more of the funds totals three or more years,
provided that no portion of the allowable service upon which the retirement
annuity from one fund is based is used again in the computation for a
retirement annuity from another fund and provided further that the person has
not taken a refund from any of funds or associations since the person's
membership in the fund or association has terminated. The annuity from each fund or association shall
must be determined by the appropriate provisions of the law governing each
fund or association, except that the requirement that a person must have at
least three years of allowable service in the respective fund or association shall
does not apply for the purposes of this section, provided that the
aggregate service in two or more of these funds equals three or more years.
Sec. 22. Minnesota Statutes 2008, section 355.095,
subdivision 1, is amended to read:
Subdivision 1. Agreement. (a) The director, on behalf of the state,
its political subdivisions, and its other governmental employers, is authorized
to enter into an agreement with the Secretary of Health and Human Services to
extend the provisions of United States Code, title 42, section 426, 426-1, and
1395c, to the employees in
paragraph (b) who meet the
requirements of United States Code, title 42, section 418(v)(2) and who do not
have coverage by the federal old age, survivors, and disability insurance
program for that employment under any previous modification of the agreement or
previous Medicare referendum.
(b) The applicable employees are:
(1) employees who are members of
one of the retirement plans in Minnesota Statutes 2008, section 356.30,
subdivision 3, except clauses (4) and (8), based on continuous employment since
March 31, 1986; and
(2) employees of a special
authority or district who have been continuously employed by the special
authority or district since March 31, 1986.
Sec. 23. Minnesota Statutes 2009 Supplement, section
356.20, subdivision 2, is amended to read:
Subd. 2. Covered
public pension plans and funds. This
section applies to the following public pension plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System;
(2) the general employees
retirement plan of the Public Employees Retirement Association;
(3) the Teachers Retirement
Association;
(4) the State Patrol retirement
plan;
(5) the St. Paul Teachers
Retirement Fund Association;
(6) the Duluth Teachers Retirement
Fund Association;
(7) the Minneapolis Employees
Retirement Fund;
(8) (7)
the University of Minnesota faculty retirement plan;
(9) (8)
the University of Minnesota faculty supplemental retirement plan;
(10) (9)
the judges retirement fund;
(11) (10)
a police or firefighter's relief association specified or described in section
69.77, subdivision 1a;
(12) (11)
a volunteer firefighter relief association governed by section 69.771,
subdivision 1;
(13) (12)
the public employees police and fire plan of the Public Employees Retirement
Association;
(14) (13)
the correctional state employees retirement plan of the Minnesota State
Retirement System;
(15) (14)
the local government correctional service retirement plan of the Public
Employees Retirement Association; and
(16) (15)
the voluntary statewide lump-sum volunteer firefighter retirement plan.
Sec. 24. Minnesota Statutes 2008, section 356.214,
subdivision 1, is amended to read:
Subdivision 1. Actuary
retention. (a) The governing board
or managing or administrative official of each public pension plan and
retirement fund or plan enumerated in paragraph (b) shall contract with an
established actuarial consulting firm to conduct annual actuarial valuations
and related services. The principal from
the actuarial consulting firm on the contract must be an approved actuary under
section 356.215, subdivision 1, paragraph (c).
(b) Actuarial services must include
the preparation of actuarial valuations and related actuarial work for the
following retirement plans:
(1) the teachers retirement plan,
Teachers Retirement Association;
(2) the general state employees
retirement plan, Minnesota State Retirement System;
(3) the correctional employees
retirement plan, Minnesota State Retirement System;
(4) the State Patrol retirement
plan, Minnesota State Retirement System;
(5) the judges retirement plan,
Minnesota State Retirement System;
(6) the Minneapolis employees
retirement plan, Minneapolis Employees Retirement Fund;
(7) (6)
the public general employees retirement plan, Public Employees
Retirement Association, including the MERF division;
(8) (7)
the public employees police and fire plan, Public Employees Retirement
Association;
(9) (8)
the Duluth teachers retirement plan, Duluth Teachers Retirement Fund
Association;
(10) (9)
the St. Paul teachers retirement plan, St. Paul Teachers Retirement
Fund Association;
(11) (10)
the legislators retirement plan, Minnesota State Retirement System;
(12) (11)
the elective state officers retirement plan, Minnesota State Retirement System;
and
(13) (12)
local government correctional service retirement plan, Public Employees
Retirement Association.
(c) The contracts must require
completion of the annual actuarial valuation calculations on a fiscal year
basis, with the contents of the actuarial valuation calculations as specified
in section 356.215, and in conformity with the standards for actuarial work
adopted by the Legislative Commission on Pensions and Retirement.
The contracts must require
completion of annual experience data collection and processing and a
quadrennial published experience study for the plans listed in paragraph (b),
clauses (1), (2), and (7) (6), as provided for in the standards
for actuarial work adopted by the commission.
The experience data collection, processing, and analysis must evaluate
the following:
(1) individual salary progression;
(2) the rate of return on
investments based on the current asset value;
(3) payroll growth;
(4) mortality;
(5) retirement age;
(6) withdrawal; and
(7) disablement.
(d) The actuary shall annually
prepare a report to the governing or managing board or administrative official
and the legislature, summarizing the results of the actuarial valuation
calculations. The actuary shall include
with the report any recommendations concerning the appropriateness of the
support rates to achieve proper funding of the retirement plans by the required
funding dates. The actuary shall, as
part of the quadrennial experience study, include recommendations on the
appropriateness of the actuarial valuation assumptions required for evaluation
in the study.
(e) If the actuarial gain and loss
analysis in the actuarial valuation calculations indicates a persistent pattern
of sizable gains or losses, the governing or managing board or administrative official
shall direct the actuary to prepare a special experience study for a plan
listed in paragraph (b), clause (3), (4), (5), (6) (7), (8), (9),
(10), (11), or (12), or (13), in the manner provided for in the
standards for actuarial work adopted by the commission.
Sec. 25. Minnesota Statutes 2008, section 356.30,
subdivision 3, is amended to read:
Subd. 3. Covered
plans. This section applies to the
following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established under
chapter 352;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System, established
under chapter 352;
(3) the unclassified employees
retirement program, established under chapter 352D;
(4) the State Patrol retirement
plan, established under chapter 352B;
(5) the legislators retirement
plan, established under chapter 3A;
(6) the elective state officers
retirement plan, established under chapter 352C;
(7) the general employees retirement
plan of the Public Employees Retirement Association, established under chapter
353, including the MERF division of the Public Employees Retirement
Association;
(8) the public employees police and
fire retirement plan of the Public Employees Retirement Association,
established under chapter 353;
(9) the local government
correctional service retirement plan of the Public Employees Retirement
Association, established under chapter 353E;
(10) the Teachers Retirement
Association, established under chapter 354;
(11) the Minneapolis Employees
Retirement Fund, established under chapter 422A;
(12) (11)
the St. Paul Teachers Retirement Fund Association, established under
chapter 354A;
(13) (12)
the Duluth Teachers Retirement Fund Association, established under chapter
354A; and
(14) (13)
the judges retirement fund, established by chapter 490.
Sec. 26. Minnesota Statutes 2008, section 356.302,
subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The terms used in this section are
defined in this subdivision.
(b) "Average salary"
means the highest average of covered salary for the appropriate period of
credited service that is required for the calculation of a disability benefit
by the covered retirement plan and that is drawn from any period of credited
service and successive years of covered salary in a covered retirement plan.
(c) "Covered retirement
plan" or "plan" means a retirement plan listed in subdivision 7.
(d) "Duty-related" means
a disabling illness or injury that occurred while the person was actively
engaged in employment duties or that arose out of the person's active
employment duties.
(e) "General employee
retirement plan" means a covered retirement plan listed in subdivision 7,
clauses (1) to (8) (6) and (13) (12).
(f) "Occupationally
disabled" means the condition of having a medically determinable physical
or mental impairment that makes a person unable to satisfactorily perform the
minimum requirements of the person's employment position or a substantially
similar employment position.
(g) "Public safety employee
retirement plan" means a covered retirement plan listed in subdivision 7,
clauses (9) (7) to (12) (11).
(h) "Totally and permanently
disabled" means the condition of having a medically determinable physical
or mental impairment that makes a person unable to engage in any substantial
gainful activity and that is expected to continue or has continued for a period
of at least one year or that is expected to result directly in the person's
death.
Sec. 27. Minnesota Statutes 2008, section 356.302,
subdivision 7, is amended to read:
Subd. 7. Covered
retirement plans. This section
applies to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(2) the unclassified state
employees retirement program of the Minnesota State Retirement System,
established by chapter 352D;
(3) the general employees
retirement plan of the Public Employees Retirement Association, established by
chapter 353, including the MERF division of the Public Employees Retirement
Association;
(4) the Teachers Retirement
Association, established by chapter 354;
(5) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(6) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A;
(7) the Minneapolis Employees
Retirement Fund, established by chapter 422A;
(8) (7) the
state correctional employees retirement plan of the Minnesota State Retirement
System, established by chapter 352;
(9) (8) the
State Patrol retirement plan, established by chapter 352B;
(10) (9) the
public employees police and fire plan of the Public Employees Retirement
Association, established by chapter 353;
(11) (10)
the local government correctional service retirement plan of the Public
Employees Retirement Association, established by chapter 353E; and
(12) (11)
the judges retirement plan, established by chapter 490.
Sec. 28. Minnesota Statutes 2008, section 356.303, subdivision
4, is amended to read:
Subd. 4. Covered
retirement plans. This section
applies to the following retirement plans:
(1) the legislators retirement plan,
established by chapter 3A;
(2) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(3) the correctional state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(4) the State Patrol retirement
plan, established by chapter 352B;
(5) the elective state officers
retirement plan, established by chapter 352C;
(6) the unclassified state employees
retirement program, established by chapter 352D;
(7) the general employees retirement
plan of the Public Employees Retirement Association, established by chapter 353,
including the MERF division of the Public Employees Retirement Association;
(8) the public employees police and
fire plan of the Public Employees Retirement Association, established by
chapter 353;
(9) the local government correctional
service retirement plan of the Public Employees Retirement Association,
established by chapter 353E;
(10) the Teachers Retirement
Association, established by chapter 354;
(11) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(12) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A; and
(13) the Minneapolis Employees
Retirement Fund, established by chapter 422A; and
(14) (13)
the judges retirement fund, established by chapter 490.
Sec. 29. Minnesota Statutes 2009 Supplement, section
356.32, subdivision 2, is amended to read:
Subd. 2. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System, established under
chapter 352;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System, established
under chapter 352;
(3) the State Patrol retirement
plan, established under chapter 352B;
(4) the general employees
retirement plan of the Public Employees Retirement Association, established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(5) the public employees police and
fire plan of the Public Employees Retirement Association, established under
chapter 353;
(6) the Teachers Retirement
Association, established under chapter 354;
(7) the Minneapolis Employees
Retirement Fund, established under chapter 422A;
(8) (7)
the Duluth Teachers Retirement Fund Association, established under chapter
354A; and
(9) (8)
the St. Paul Teachers Retirement Fund Association, established under
chapter 354A.
Sec. 30. Minnesota Statutes 2009 Supplement, section
356.401, subdivision 3, is amended to read:
Subd. 3. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the legislators retirement
plan, established by chapter 3A;
(2) the general state employees
retirement plan of the Minnesota State Retirement System, established by
chapter 352;
(3) the correctional state
employees retirement plan of the Minnesota State Retirement System, established
by chapter 352;
(4) the State Patrol retirement
plan, established by chapter 352B;
(5) the elective state officers
retirement plan, established by chapter 352C;
(6) the unclassified state
employees retirement program, established by chapter 352D;
(7) the general employees
retirement plan of the Public Employees Retirement Association, established by
chapter 353, including the MERF division of the Public Employees Retirement
Association;
(8) the public employees police and
fire plan of the Public Employees Retirement Association, established by
chapter 353;
(9) the public employees defined
contribution plan, established by chapter 353D;
(10) the local government
correctional service retirement plan of the Public Employees Retirement
Association, established by chapter 353E;
(11) the voluntary statewide
lump-sum volunteer firefighter retirement plan, established by chapter 353G;
(12) the Teachers Retirement
Association, established by chapter 354;
(13) the Duluth Teachers Retirement
Fund Association, established by chapter 354A;
(14) the St. Paul Teachers
Retirement Fund Association, established by chapter 354A;
(15) the individual retirement
account plan, established by chapter 354B;
(16) the higher education
supplemental retirement plan, established by chapter 354C;
(17) the Minneapolis Employees
Retirement Fund, established by chapter 422A;
(18) (17)
the Minneapolis Police Relief Association, established by chapter 423B;
(19) (18)
the Minneapolis Firefighters Relief Association, established by chapter 423C;
and
(20) (19)
the judges retirement fund, established by chapter 490.
Sec. 31. Minnesota Statutes 2008, section 356.407,
subdivision 2, is amended to read:
Subd. 2. Covered
funds. The provisions of this
section apply to the following retirement funds:
(1) the general employees
retirement plan of the Public Employees Retirement Association established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(2) the public employees police and
fire plan of the Public Employees Retirement Association established under
chapter 353;
(3) the State Patrol retirement
plan established under chapter 352B;
(4) the legislators retirement plan
established under chapter 3A;
(5) the elective state officers
retirement plan established under chapter 352C; and
(6) the Teachers Retirement
Association established under chapter 354; and.
(7) the Minneapolis Employees
Retirement Fund established under chapter 422A.
Sec. 32. Minnesota Statutes 2009 Supplement, section
356.415, subdivision 2, is amended to read:
Subd. 2. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the legislators retirement plan
established under chapter 3A;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System established
under chapter 352;
(3) the general state employees
retirement plan of the Minnesota State Retirement System established under
chapter 352;
(4) the State Patrol retirement
plan established under chapter 352B;
(5) the elective state officers
retirement plan established under chapter 352C;
(6) the general employees
retirement plan of the Public Employees Retirement Association established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(7) the public employees police and
fire retirement plan of the Public Employees Retirement Association established
under chapter 353;
(8) the local government
correctional employees retirement plan of the Public Employees Retirement
Association established under chapter 353E;
(9) the teachers retirement plan
established under chapter 354; and
(10) the judges retirement plan
established under chapter 490.
Sec. 33. Minnesota Statutes 2008, section 356.431,
subdivision 1, is amended to read:
Subdivision 1. Lump-sum
postretirement payment conversion. For
benefits paid after December 31, 2001, to eligible persons under sections
section 356.42 and 356.43, the amount of the most recent lump-sum
benefit payable to an eligible recipient under sections section 356.42
and 356.43 must be divided by 12.
The result must be added to the monthly annuity or benefit otherwise
payable to an eligible recipient, must become a permanent part of the benefit
recipient's pension, and must be included in any pension benefit subject to
future increases.
Sec. 34. Minnesota Statutes 2008, section 356.465,
subdivision 3, is amended to read:
Subd. 3. Covered
retirement plans. The provisions of
this section apply to the following retirement plans:
(1) the general state employees
retirement plan of the Minnesota State Retirement System established under
chapter 352;
(2) the correctional state
employees retirement plan of the Minnesota State Retirement System established
under chapter 352;
(3) the State Patrol retirement
plan established under chapter 352B;
(4) the legislators retirement plan
established under chapter 3A;
(5) the judges retirement plan
established under chapter 490;
(6) the general employees
retirement plan of the Public Employees Retirement Association established
under chapter 353, including the MERF division of the Public Employees
Retirement Association;
(7) the public employees police and
fire plan of the Public Employees Retirement Association established under
chapter 353;
(8) the teachers retirement plan
established under chapter 354;
(9) the Duluth Teachers Retirement
Fund Association established under chapter 354A;
(10) the St. Paul Teachers
Retirement Fund Association established under chapter 354A;
(11) the Minneapolis Employees
Retirement Fund established under chapter 422A;
(12) (11)
the Minneapolis Firefighters Relief Association established under chapter 423C;
(13) (12)
the Minneapolis Police Relief Association established under chapter 423B; and
(14) (13)
the local government correctional service retirement plan of the Public
Employees Retirement Association established under chapter 353E.
Sec. 35. Minnesota Statutes 2008, section 356.64, is
amended to read:
356.64 REAL ESTATE INVESTMENTS.
(a) Notwithstanding any law to the
contrary, any public pension plan whose assets are not invested by the State
Board of Investment may invest its funds in Minnesota situs nonfarm real estate
ownership interests or loans secured by mortgages or deeds of trust if the
investment is consistent with section 356A.04.
(b) Except to the extent
authorized in the case of the Minneapolis Employees Retirement Fund under
section 422A.05, subdivision 2c, paragraph (a), An investment otherwise
authorized by this section must also comply with the requirements and
limitations of section 11A.24, subdivision 6.
Sec. 36. Minnesota Statutes 2008, section 356.65,
subdivision 2, is amended to read:
Subd. 2. Disposition
of abandoned amounts. Any unclaimed
public pension fund amounts existing in any public pension fund are presumed to
be abandoned, but are not subject to the provisions of sections 345.31 to
345.60. Unless the benefit plan of the
public pension fund specifically provides for a different disposition of
unclaimed or abandoned funds or amounts, any unclaimed public pension fund
amounts cancel and must be credited to the public pension fund. If the unclaimed public pension fund amount
exceeds $25 and the inactive or former member again becomes a member of the
applicable public pension plan or applies for a retirement annuity under
section 3A.12, 352.72, 352B.30, 353.71, 354.60, or 356.30, or
422A.16, subdivision 8, whichever applies, the canceled amount must be
restored to the credit of the person.
Sec. 37. Minnesota Statutes 2008, section 356.91, is
amended to read:
356.91 VOLUNTARY MEMBERSHIP DUES DEDUCTION.
(a) Upon written authorization of a
person receiving an annuity from a public pension fund administered by the
Minnesota State Retirement System, or the Public Employees
Retirement Association, or the Minneapolis Employees Retirement Fund,
the executive director of the public pension fund may deduct from the
retirement annuity an amount requested by the annuitant to be paid as dues to
any labor organization that is an exclusive bargaining agent representing public
employees or an organization representing retired public employees of which the
annuitant is a member and shall pay the amount to the organization so
designated by the annuitant.
(b) A pension fund and the plan
fiduciaries which authorize or administer deductions of dues payments under
paragraph (a) are not liable for failure to properly deduct or transmit the
dues amounts, provided that the fund and the fiduciaries have acted in good
faith.
(c) The deductions under paragraph
(a) may occur no more frequently than two times per year and may not be used
for political purposes.
(d) Any labor organization
specified in paragraph (a) shall reimburse the public pension fund for the
administrative expense of withholding premium amounts.
Sec. 38. Minnesota Statutes 2009 Supplement, section
356.96, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) Unless the language or context
clearly indicates that a different meaning is intended, for the purpose of this
section, the terms in paragraphs (b) to (e) have the meanings given them.
(b) "Chief administrative
officer" means the executive director of a covered pension plan or the
executive director's designee or representative.
(c) "Covered pension
plan" means a plan enumerated in section 356.20, subdivision 2, clauses
(1) to (4), (10) (9), and (13) (12) to (16) (15),
but does not mean the deferred compensation plan administered under sections
352.965 and 352.97 or to the postretirement health care savings plan
administered under section 352.98.
(d) "Governing board"
means the Board of Trustees of the Public Employees Retirement Association, the
Board of Trustees of the Teachers Retirement Association, or the Board of
Directors of the Minnesota State Retirement System.
(e) "Person" includes an active,
retired, deferred, or nonvested inactive participant in a covered pension plan
or a beneficiary of a participant, or an individual who has applied to be a
participant or who is or may be a survivor of a participant, or a state agency
or other governmental unit that employs active participants in a covered
pension plan.
Sec. 39. Minnesota Statutes 2008, section 473.511,
subdivision 3, is amended to read:
Subd. 3. Existing
sanitary districts, joint sewer boards. Effective
January 1, 1971, the corporate existence of the Minneapolis-St. Paul
Sanitary District, the North Suburban Sanitary Sewer District, and any joint
board created by agreement among local government units pursuant to under
section 471.59, to provide interceptors and treatment works for such local
government units, shall terminate.
All persons regularly employed by such sanitary districts and joint
boards on that date or on any earlier date on which the former waste control
commission pursuant to subdivisions 1 and 2 assumed ownership and control of
any interceptors or treatment works owned or operated by such sanitary
districts and joint boards, and who are employees of the commission on July 1,
1994, shall be are employees of the council, and may at their
option become members of the Minnesota State Retirement System or may continue
as members of a public retirement association under chapter 422A or any other
law, to which they belonged before such date, and shall retain all pension
rights which they may have under such latter laws, and all other rights to
which they are entitled by contract or law.
Members of trades who are employed by the former Metropolitan Waste
Control Commission, who have trade union pension coverage pursuant to under
a collective bargaining agreement, and who elected exclusion from coverage pursuant
to under section 473.512, or who are first employed after July 1,
1977, shall may not be covered by the Minnesota State Retirement
System. The council shall make the employer's
contributions to pension funds of its employees. Such employees shall perform such duties as
may be prescribed by the council. All
funds of such sanitary districts and joint boards then on hand, and all
subsequent collections of taxes, special assessments or service charges levied
or imposed by or for such sanitary districts or joint boards shall must
be transferred to the council. The local
government units otherwise entitled to such cash, taxes, assessments or service
charges shall must be credited with such amounts, and such
credits shall must be offset against any amounts to be paid by
them to the council as provided in section 473.517. The former Metropolitan Waste Control
Commission, and on July 1, 1994, the council shall succeed to and become vested
by action of law with all right, title and interest in and to any property,
real or personal, owned or operated by such sanitary districts and joint boards. Prior to that date the proper officers of
such sanitary districts and joint boards, or
the former Metropolitan Waste
Control Commission, shall execute and deliver to the council all deeds,
conveyances, bills of sale, and other documents or instruments required to vest
in the council good and marketable title to all such real or personal property;
provided that vesting of the title shall must occur by operation
of law and failure to execute and deliver the documents shall does
not affect the vesting of title in the former Metropolitan Waste Control
Commission or the council on the dates indicated in this subdivision. The council shall become obligated to pay or
assume all bonded or other debt and contract obligations incurred by the former
Metropolitan Waste Control Commission, or by such sanitary districts and joint
boards, or incurred by local government units for the acquisition or betterment
of any interceptors or treatment works owned or operated by such sanitary
districts or joint boards.
Sec. 40. Minnesota Statutes 2008, section 473.606,
subdivision 5, is amended to read:
Subd. 5. Employees,
others, affirmative action; prevailing wage.
The corporation shall have the power to appoint engineers and other
consultants, attorneys, and such other officers, agents, and employees as it
may see fit, who shall perform such duties and receive such compensation as the
corporation may determine, and be removable at the pleasure of the corporation. The corporation shall must
adopt an affirmative action plan, which shall be submitted to the appropriate
agency or office of the state for review and approval. The plan shall must include a
yearly progress report to the agency or office.
Officers and employees of the corporation who cannot qualify and
participate in the municipal employees retirement fund under chapter 422A,
shall be separated from service at the retirement age applicable to officers or
employees of the state of Minnesota in the classified service of the state
civil service as provided in section 43A.34, or as the same may from time to
time be amended, regardless of the provisions of the Veteran's Preference Act. Whenever the corporation performs any
work within the limits of a city of the first class, or establishes a minimum
wage for skilled or unskilled labor in the specifications or any contract for
work within one of the cities, the rate of pay to such skilled and unskilled
labor shall must be the prevailing rate of wage for such labor in
that city.
Sec. 41. Minnesota Statutes 2008, section 475.52,
subdivision 6, is amended to read:
Subd. 6. Certain
purposes. Any municipality may issue
bonds for paying judgments against it; for refunding outstanding bonds; for
funding floating indebtedness; for funding actuarial liabilities to pay
postemployment benefits to employees or officers after their termination of service;
or for funding all or part of the municipality's current and future unfunded
liability for a pension or retirement fund or plan referred to in section
356.20, subdivision 2, as those liabilities are most recently computed pursuant
to under sections 356.215 and 356.216. The board of trustees or directors of a pension
fund or relief association referred to in section 69.77 or chapter 422A
must consent and must be a party to any contract made under this section with
respect to the fund held by it for the benefit of and in trust for its members. For purposes of this section, the term
"postemployment benefits" means benefits giving rise to a liability
under Statement No. 45 of the Governmental Accounting Standards Board.
Sec. 42. Minnesota Statutes 2009 Supplement, section
480.181, subdivision 2, is amended to read:
Subd. 2. Election
to retain insurance and benefits; retirement.
(a) Before a person is transferred to state employment under this
section, the person may elect to do either or both of the following:
(1) keep life insurance; hospital,
medical, and dental insurance; and vacation and sick leave benefits and
accumulated time provided by the county instead of receiving benefits from the
state under the judicial branch personnel rules; or
(2) remain a member of the general
employees retirement plan of the Public Employees Retirement Association or
the Minneapolis employees retirement fund MERF division of the Public
Employees Retirement Association instead of joining the Minnesota State
Retirement System.
Employees who make an election
under clause (1) remain on the county payroll, but the state shall reimburse
the county on a quarterly basis for the salary and cost of the benefits
provided by the county. The state shall
make the employer contribution to the general employees retirement plan of
the Public Employees Retirement Association or the employer contribution
under section 422A.101 353.50, subdivision 1a 7,
paragraphs (c) and (d), to the Minneapolis Employees Retirement Fund
MERF division of the Public Employees Retirement Association on behalf
of employees who make an election under clause (2).
(b) An employee who makes an
election under paragraph (a), clause (1), may revoke the election, once, at any
time, but if the employee revokes the election, the employee cannot make
another election. An employee who makes
an election under paragraph (a), clause (2), may revoke the election at any
time within six months after the person becomes a state employee. Once an employee revokes this election, the
employee cannot make another election.
(c) The Supreme Court, after
consultation with the Judicial Council, the commissioner of management and
budget, and the executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement Association, shall adopt
procedures for making elections under this section.
(d) The Supreme Court shall notify
all affected employees of the options available under this section. The executive directors of the Public
Employees Retirement Association and the Minnesota State Retirement System
shall provide counseling to affected employees on the effect of making an
election to remain a member of the Public Employees Retirement Association.
Sec. 43. EFFECTIVE
DATE.
Sections 1 to 42 are effective June
30, 2010.
ARTICLE 13
VOLUNTEER FIREFIGHTER RELIEF
ASSOCIATION MODIFICATIONS
Section 1. Minnesota Statutes 2009 Supplement, section
69.772, subdivision 6, is amended to read:
Subd. 6. Municipal
ratification for plan amendments. If
the special fund of the relief association does not have a surplus over full
funding pursuant to under subdivision 3, clause (2), subclause
(e), or and if the municipality is required to provide financial
support to the special fund of the relief association pursuant to under
this section, the adoption of or any amendment to the articles of incorporation
or bylaws of a relief association which increases or otherwise affects the
retirement coverage provided by or the service pensions or retirement benefits
payable from the special fund of any relief association to which this section
applies is not effective until it is ratified by the governing body of the
municipality in which the relief association is located and the officers of a
relief association shall not seek municipal ratification prior to preparing and
certifying an estimate of the expected increase in the accrued liability and
annual accruing liability of the relief association attributable to the
amendment. If the special fund of the
relief association has a surplus over full funding pursuant to under
subdivision 3, clause (2), subclause (e), and if the municipality is not
required to provide financial support to the special fund of the relief
association pursuant to under this section, the relief
association may adopt or amend its articles of incorporation or bylaws which
increase or otherwise affect the retirement coverage provided by or the service
pensions or retirement benefits payable from the special fund of the relief
association which are effective without municipal ratification so long as this
does not cause the amount of the resulting increase in the accrued liability of
the special fund of the relief association to exceed 90 percent of the amount
of the surplus over full funding reported in the prior year and this does not
result in the financial requirements of the special fund of the relief
association exceeding the expected amount of the future fire state aid to be
received by the relief association as determined by the board of trustees
following the preparation of an estimate of the expected increase in the
accrued liability and annual accruing liability
of the relief association
attributable to the change. If a relief
association adopts or amends its articles of incorporation or bylaws without
municipal ratification pursuant to under this subdivision, and,
subsequent to the amendment or adoption, the financial requirements of the
special fund of the relief association pursuant to under this
section are such so as to require financial support from the municipality, the
provision which was implemented without municipal ratification is no longer
effective without municipal ratification and any service pensions or retirement
benefits payable after that date may be paid only in accordance with the
articles of incorporation or bylaws as amended or adopted with municipal
ratification.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2009 Supplement, section
69.773, subdivision 6, is amended to read:
Subd. 6. Municipal
ratification for plan amendments. If
the special fund of the relief association does not have a surplus over full
funding pursuant to under subdivision 4, or and if
the municipality is required to provide financial support to the special fund
of the relief association pursuant to under this section, the
adoption of or any amendment to the articles of incorporation or bylaws of a
relief association which increases or otherwise affects the retirement coverage
provided by or the service pensions or retirement benefits payable from the
special fund of any relief association to which this section applies is not
effective until it is ratified by the governing body of the municipality in
which the relief association is located.
If the special fund of the relief association has a surplus over full
funding pursuant to under subdivision 4, and if the municipality
is not required to provide financial support to the special fund of the relief
association pursuant to under this section, the relief
association may adopt or amend its articles of incorporation or bylaws which
increase or otherwise affect the retirement coverage provided by or the service
pensions or retirement benefits payable from the special fund of the relief
association which are effective without municipal ratification so long as this
does not cause the amount of the resulting increase in the accrued liability of
the special fund of the relief association to exceed 90 percent of the amount
of the surplus over full funding reported in the prior year and this does not
result in the financial requirements of the special fund of the relief
association exceeding the expected amount of the future fire state aid to be received
by the relief association as determined by the board of trustees following the
preparation of an updated actuarial valuation including the proposed change or
an estimate of the expected actuarial impact of the proposed change prepared by
the actuary of the relief association. If
a relief association adopts or amends its articles of incorporation or bylaws
without municipal ratification pursuant to this subdivision, and, subsequent to
the amendment or adoption, the financial requirements of the special fund of
the relief association pursuant to under this section are such so
as to require financial support from the municipality, the provision which was
implemented without municipal ratification is no longer effective without
municipal ratification and any service pensions or retirement benefits payable
after that date may be paid only in accordance with the articles of
incorporation or bylaws as amended or adopted with municipal ratification.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2008, section 356A.06,
subdivision 8, is amended to read:
Subd. 8. Minimum
liquidity requirements. A covered
pension plan described by subdivision 6, paragraph (a) or 7, in
order to pay benefits as they come due, shall invest a portion of its assets in
authorized short-term debt obligations that can be immediately liquidated
without accrual of a substantial determinable penalty or loss and that have an
average maturity of no more than 90 days.
The chief administrative officer of the plan shall determine the minimum
liquidity requirement of the plan and shall retain appropriate documentation of
that determination for three years from the date of determination.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2009 Supplement, section
424A.01, subdivision 1, is amended to read:
Subdivision 1. Minors. (a) No volunteer firefighters' relief
association associated with a municipality or an independent nonprofit
firefighting corporation may include as a relief association member a minor
serving as a firefighter, except for members of a youth, civic, or educational
organization or program who participate with uninterrupted adult supervision,
as allowed by federal law and by section 181A.04. Such organizations or programs include, but
are not limited to, Boy Scout Explorer programs or firefighting degree
programs.
(b) No
volunteer firefighters' relief association associated with a municipality or an
independent nonprofit firefighting corporation may include as a relief
association member a minor serving as a volunteer firefighter.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 5. Minnesota Statutes 2009 Supplement, section
424A.01, subdivision 6, is amended to read:
Subd. 6. Return
to active firefighting after break in service.
(a) The requirements of this section apply to all breaks in
service, except breaks in service mandated by federal or state law.
(b)(1) If a former
active firefighter who has ceased to perform or supervise fire suppression
and fire prevention duties for at least 60 days resumes performing active
firefighting with the fire department associated with the relief association,
if the bylaws of the relief association so permit, the person firefighter
may again become an active member of the relief association. A firefighter who returns to active
service and membership is subject to the service pension calculation
requirements under this section.
(2) A firefighter who has been
granted an approved leave of absence not exceeding one year by the fire
department or by the relief association is exempt from the minimum period of
resumption service requirement of this section.
(3) A person who has a break in
service not exceeding one year but has not been granted an approved leave of
absence and who has not received a service pension or disability benefit may be
made exempt from the minimum period of resumption service requirement of this
section by the relief association bylaws.
(4) If the bylaws so provide, a
firefighter who returns to active relief association membership under this
paragraph may continue to collect a monthly service pension, notwithstanding
the service pension eligibility requirements under chapter 424A.
(b) (c) If
a former firefighter who has received a service pension or disability
benefit returns to active relief association membership under paragraph (a)
(b), the firefighter may qualify for the receipt of a service pension
from the relief association for the resumption service period if the
firefighter meets a minimum period of resumption service specified in the
relief association bylaws the service requirements of section 424A.016,
subdivision 3, or 424A.02, subdivision 2.
(d) If a former firefighter who has
not received a service pension or disability benefit returns to active relief
association membership under paragraph (b), the firefighter may qualify for the
receipt of a service pension from the relief association for the resumption
service period if the firefighter meets the minimum period of resumption
service specified in the relief association bylaws and the service requirements
of section 424A.016, subdivision 3, or 424A.02, subdivision 2.
(c) (e)
A firefighter who returns to active lump-sum relief association membership and
who qualifies for a service pension under paragraph (b) (c) or (d)
must have, upon a subsequent cessation of duties, any service pension for the
resumption service period calculated as a separate benefit. If a lump-sum service pension had been paid
to
the firefighter upon the
firefighter's previous cessation of duties, a second lump-sum service pension
for the resumption service period must be calculated to apply the service
pension amount in effect on the date of the firefighter's termination of the
resumption service for all years of the resumption service. No firefighter may be paid a service pension
twice for the same period of service. If
a lump-sum service pension had not been paid to the firefighter upon the
firefighter's previous cessation of duties and the firefighter meets the
minimum service requirement of section 424A.016, subdivision 3, or 424A.02,
subdivision 2, a service pension must be calculated to apply the service
pension amount in effect on the date of the firefighter's termination of the
resumption service for all years of service credit.
(d) (f)
A firefighter who had not been paid a lump-sum service pension returns to active
relief association membership under paragraph (a) (b), who does
not qualify for a service pension under paragraph (b) (d), but
who does meet the minimum service requirement of section 424A.016,
subdivision 3, or 424A.02, subdivision 2, based on the firefighter's
previous years of active service, must have, upon a subsequent cessation of
duties, a service pension calculated for the previous years of service based on
the service pension amount in effect on the date of the firefighter's
termination of the resumption service, or, if the bylaws so provide, based on
the service pension amount in effect on the date of the firefighter's previous
cessation of duties.
(e) (g)
If a firefighter receiving a monthly benefit service pension returns to active
monthly benefit relief association membership under paragraph (a) (b),
and if the relief association bylaws do not allow for the firefighter to
continue collecting a monthly service pension, any monthly benefit service
pension payable to the firefighter is suspended as of the first day of the
month next following the date on which the firefighter returns to active
membership. If the firefighter was
receiving a monthly benefit service pension, and qualifies for a service
pension under paragraph (b) (c), the firefighter is entitled to
an additional monthly benefit service pension upon a subsequent cessation of
duties calculated based on the resumption service credit and the service
pension accrual amount in effect on the date of the termination of the
resumption service. The A suspended
initial service pension resumes as of the first of the month next following the
termination of the resumption service. If
the firefighter was not receiving a monthly benefit service pension and meets
the minimum service requirement of section 424A.02, subdivision 2, a service
pension must be calculated to apply the service pension amount in effect on the
date of the firefighter's termination of the resumption service for all years
of service credit.
(f) (h)
A firefighter who was not receiving a monthly benefit service pension returns
to active relief association membership under paragraph (a) (b),
who does not qualify for a service pension under paragraph (b) (d),
but who does meet the minimum service requirement of section 424A.02,
subdivision 2, based on the firefighter's previous years of active service,
must have, upon a subsequent cessation of duties, a service pension calculated
for the previous years of service based on the service pension amount in effect
on the date of the firefighter's termination of the resumption service, or, if
the bylaws so provide, based on the service pension amount in effect on the
date of the firefighter's previous cessation of duties.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 6. Minnesota Statutes 2009 Supplement, section
424A.015, is amended by adding a subdivision to read:
Subd. 5. Minnesota
deferred compensation plan transfers.
A relief association may directly transfer on an institution-to-institution
basis the eligible member's lump-sum pension amount to the requesting member's
account in the Minnesota deferred compensation plan, if:
(1) the governing articles of
incorporation or bylaws so provide;
(2) the volunteer firefighter
participates in the Minnesota deferred compensation plan at the time of
retirement; and
(3) the applicable retiring
firefighter requests in writing that the relief association do so.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2009 Supplement, section
424A.016, subdivision 4, is amended to read:
Subd. 4. Individual
accounts. (a) An individual account
must be established for each firefighter who is a member of the relief
association.
(b) To each individual active
member account must be credited an equal share of:
(1) any amounts of fire state aid
received by the relief association;
(2) any amounts of municipal
contributions to the relief association raised from levies on real estate or
from other available municipal revenue sources exclusive of fire state aid; and
(3) any amounts equal to the share
of the assets of the special fund to the credit of:
(i) any former member who
terminated active service with the fire department to which the relief
association is associated before meeting the minimum service requirement
provided for in subdivision 2, paragraph (b), and has not returned to active
service with the fire department for a period no shorter than five years; or
(ii) any retired member who retired
before obtaining a full nonforfeitable interest in the amounts credited to the
individual member account under subdivision 2, paragraph (b), and any
applicable provision of the bylaws of the relief association. In addition, any investment return on the
assets of the special fund must be credited in proportion to the share of the
assets of the special fund to the credit of each individual active member
account. Administrative expenses of the
relief association payable from the special fund may be deducted from
individual accounts in a manner specified in the bylaws of the relief
association.
(c) If the bylaws so permit and
as the bylaws define, the relief association may credit any investment return
on the assets of the special fund to the accounts of inactive members.
(d) Amounts to
be credited to individual accounts must be allocated uniformly for all years of
active service and allocations must be made for all years of service, except
for caps on service credit if so provided in the bylaws of the relief
association. The allocation method may
utilize monthly proration for fractional years of service, as the bylaws or
articles of incorporation of the relief association so provide. The bylaws or articles of incorporation may
define a "month," but the definition must require a calendar month to
have at least 16 days of active service.
If the bylaws or articles of incorporation do not define a
"month," a "month" is a completed calendar month of active
service measured from the member's date of entry to the same date in the
subsequent month.
(d) (e)
At the time of retirement under subdivision 2 and any applicable provision of
the bylaws of the relief association, a retiring member is entitled to that portion
of the assets of the special fund to the credit of the member in the individual
member account which is nonforfeitable under subdivision 3 and any applicable
provision of the bylaws of the relief association based on the number of years
of service to the credit of the retiring member.
(e) (f)
Annually, the secretary of the relief association shall certify the individual
account allocations to the state auditor at the same time that the annual
financial statement or financial report and audit of the relief association,
whichever applies, is due under section 69.051.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2009 Supplement, section
424A.016, subdivision 7, is amended to read:
Subd. 7. Limitation
on ancillary benefits. (a) A defined
contribution relief association may only pay an ancillary benefit which would
constitute an authorized disbursement as specified in section 424A.05. The ancillary benefit for active members must
equal the vested or and nonvested amount of the individual
account of the member.
(b) For deferred members, the
ancillary benefit must equal the vested amount of the individual account of the
member. For the recipient of installment
payments of a service pension, the ancillary benefit must equal the remaining
balance in the individual account of the recipient.
(c)(1) If a survivor or death
benefit is payable under the articles of incorporation or bylaws, the benefit
must be paid:
(i) as a survivor benefit to the surviving
spouse of the deceased firefighter;
(ii) as a survivor benefit to the
surviving children of the deceased firefighter if no surviving spouse;
(iii) as a survivor benefit to a
designated beneficiary of the deceased firefighter if no surviving spouse or
surviving children; or
(iv) as a death benefit to the
estate of the deceased active or deferred firefighter if no surviving spouse,
no surviving children, and no beneficiary designated.
(2) If there are no surviving
children, the surviving spouse may waive, in writing, wholly or partially, the
spouse's entitlement to a survivor benefit.
(d) For purposes of this section,
for a defined contribution volunteer fire relief association, a trust created
under chapter 501B may be a designated beneficiary. If a trust payable to the surviving children
organized under chapter 501B has been established as authorized by this section
and there is no surviving spouse, the survivor benefit may be paid to the
trust, notwithstanding the requirements of this section.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2009 Supplement, section
424A.02, subdivision 9, is amended to read:
Subd. 9. Limitation
on ancillary benefits. A defined
benefit relief association, including any volunteer firefighters relief
association governed by section 69.77 or any volunteer firefighters division of
a relief association governed by chapter 424, may only pay ancillary benefits
which would constitute an authorized disbursement as specified in section
424A.05 subject to the following requirements or limitations:
(1) with respect to a defined
benefit relief association in which governing bylaws provide for a lump-sum
service pension to a retiring member, no ancillary benefit may be paid to any
former member or paid to any person on behalf of any former member after the
former member (i) terminates active service with the fire department and active
membership in the relief association; and (ii) commences receipt of a service
pension as authorized under this section; and
(2) with respect to any defined
benefit relief association, no ancillary benefit paid or payable to any member,
to any former member, or to any person on behalf of any member or former
member, may exceed in amount the total earned service pension of the member or
former member. The total earned service
pension must be calculated by multiplying the service pension amount specified
in the bylaws of the relief association at the time of death or disability, whichever
applies, by the years of service credited to the member or former member. The years of
service must be determined as of
(i) the date the member or former member became entitled to the ancillary
benefit; or (ii) the date the member or former member died entitling a survivor
or the estate of the member or former member to an ancillary benefit. The ancillary benefit must be calculated
without regard to whether the member had attained the minimum amount of service
and membership credit specified in the governing bylaws. For active members, the amount of a permanent
disability benefit or a survivor benefit must be equal to the member's total
earned service pension except that the bylaws of a defined benefit relief
association may provide for the payment of a survivor benefit in an amount not
to exceed five times the yearly service pension amount specified in the bylaws
on behalf of any member who dies before having performed five years of active
service in the fire department with which the relief association is affiliated.
(3)(i) If a lump sum survivor or
death benefit is payable under the articles of incorporation or bylaws, the
benefit must be paid:
(A) as a survivor benefit to the
surviving spouse of the deceased firefighter;
(B) as a survivor benefit to the
surviving children of the deceased firefighter if no surviving spouse;
(C) as a survivor benefit to a
designated beneficiary of the deceased firefighter if no surviving spouse or
surviving children; or
(D) as a death benefit to the
estate of the deceased active or deferred firefighter if no surviving children
and no beneficiary designated.
(ii) If there are no surviving
children, the surviving spouse may waive, in writing, wholly or partially, the
spouse's entitlement to a survivor benefit.
(4)(i) If a monthly benefit
survivor or death benefit is payable under the articles of incorporation or
bylaws, the benefit must be paid:
(A) as a survivor benefit to the
surviving spouse of the deceased firefighter;
(B) as a survivor benefit to the surviving
children of the deceased firefighter if no surviving spouse;
(C) as a survivor benefit to a
designated beneficiary of the deceased firefighter if no surviving spouse or
surviving children; or
(D) as a death benefit to the
estate of the deceased active or deferred firefighter if no surviving spouse,
no surviving children, and no beneficiary designated.
(ii) If there are no surviving
children, the surviving spouse may waive, in writing, wholly or partially, the
spouse's entitlement to a survivor benefit.
(iii) For purposes of this clause,
if the relief association bylaws authorize a monthly survivor benefit payable
to a designated beneficiary, the relief association bylaws may limit the total
survivor benefit amount payable.
(5) For purposes of this section,
for a monthly benefit volunteer fire relief association or for a combination
lump-sum and monthly benefit volunteer fire relief association where a monthly
benefit service pension has been elected by or a monthly benefit is payable
with respect to a firefighter, a designated beneficiary must be a natural
person. For purposes of this section,
for a lump-sum volunteer fire relief association or for a combination lump-sum
and monthly benefit volunteer fire relief association where a lump-sum service
pension has been elected by or a lump-sum benefit is payable with respect to a
firefighter, a trust created under chapter 501B may be a designated
beneficiary. If a trust is payable to the surviving
children organized under chapter 501B as authorized by this section and there
is no surviving spouse, the survivor benefit may be paid to the trust,
notwithstanding a requirement of this section to the contrary.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 10. Minnesota Statutes 2009 Supplement, section
424A.02, subdivision 10, is amended to read:
Subd. 10. Local
approval of bylaw amendments; filing requirements. (a) Each defined benefit relief
association to which this section applies must file a revised copy of its
governing bylaws with the state auditor upon the adoption of any amendment to
its governing bylaws by the relief association or upon the approval of any
amendment to its governing bylaws granted by the governing body of each
municipality served by the fire department to which the relief association is
directly associated. Failure of the
relief association to file a copy of the bylaws or any bylaw amendments with
the state auditor disqualifies the municipality from the distribution of any
future fire state aid until this filing requirement has been completed.
(b) If the special fund of the
relief association does not have a surplus over full funding under section
69.772, subdivision 3, clause (2), subclause (e), or 69.773, subdivision 4, and
if the municipality is required to provide financial support to the special
fund of the relief association under section 69.772 or 69.773, no bylaw
amendment which would affect the amount of, the manner of payment of, or the
conditions for qualification for service pensions or ancillary benefits or
disbursements other than administrative expenses authorized under section 69.80
payable from the special fund of the relief association is effective until it
has been ratified by the governing body or bodies of the appropriate
municipalities as required under section 69.772, subdivision 6, or
69.773, subdivision 6. If the
special fund of the relief association has a surplus over full funding under
section 69.772, subdivision 3, or 69.773, subdivision 4, and if the
municipality is not required to provide financial support to the special fund
under this section, the relief association may adopt or amend without municipal
ratification its articles of incorporation or bylaws which increase or
otherwise affect the service pensions or ancillary benefits payable from the
special fund so long as the changes do not cause the amount of the resulting
increase in the accrued liability of the special fund to exceed 90 percent of
the amount of the surplus over full funding reported in the prior year and the
changes do not result in the financial requirements of the special fund
exceeding the expected amount of the subsequent calendar year's fire state aid
to be received by the relief association if authorized under section
69.772, subdivision 6, or 69.773, subdivision 6.
(c) If the relief association pays
only a lump-sum pension, the financial requirements are to be determined by the
board of trustees following the preparation of an estimate of the expected
increase in the accrued liability and annual accruing liability of the relief
association attributable to the change. If
the relief association pays a monthly benefit service pension, the financial
requirements are to be determined by the board of trustees following either an
updated actuarial valuation including the proposed change or an estimate of the
expected actuarial impact of the proposed change prepared by the actuary of the
relief association. If a relief
association adopts or amends its articles of incorporation or bylaws without
municipal ratification under this subdivision, and, subsequent to the amendment
or adoption, the financial requirements of the special fund under this section
are such so as to require financial support from the municipality, the
provision which was implemented without municipal ratification is no longer
effective without municipal ratification, and any service pensions or ancillary
benefits payable after that date must be paid only in accordance with the
articles of incorporation or bylaws as amended or adopted with municipal
ratification.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 11. Minnesota Statutes 2009 Supplement, section
424A.05, subdivision 3, is amended to read:
Subd. 3. Authorized
disbursements from the special fund. (a)
Disbursements from the special fund may not be made for any purpose other than
one of the following:
(1) for the payment of service
pensions to retired members of the relief association if authorized and paid
under law and the bylaws governing the relief association;
(2) for the purchase of an annuity
for the applicable person under section 424A.015, subdivision 3, for the
transfer of service pension or benefit amounts to the applicable person's
individual retirement account under section 424A.015, subdivision 4, or to the
applicable person's account in the Minnesota deferred compensation plan under
section 424A.015, subdivision 5;
(2) (3)
for the payment of temporary or permanent disability benefits to disabled
members of the relief association if authorized and paid under law and
specified in amount in the bylaws governing the relief association;
(3) (4)
for the payment of survivor benefits to surviving spouses and surviving
children, or if none, to designated beneficiaries, of deceased members of the
relief association, and if no survivors and if no designated beneficiary, or
for the payment of a death benefit to the estate of the deceased active or
deferred firefighter, if authorized by and paid under law and specified
in amount in the bylaws governing the relief association;
(4) (5)
for the payment of the fees, dues and assessments to the Minnesota State Fire
Department Association and to the Minnesota Area Relief Association Coalition
in order to entitle relief association members to membership in and the
benefits of these associations or organizations;
(5) (6)
for the payment of insurance premiums to the state Volunteer Firefighters
Benefit Association, or an insurance company licensed by the state of Minnesota
offering casualty insurance, in order to entitle relief association members to
membership in and the benefits of the association or organization; and
(6) (7)
for the payment of administrative expenses of the relief association as
authorized under section 69.80.
(b) For purposes of this chapter,
for a monthly benefit volunteer fire relief association or for a combination
lump-sum and monthly benefit volunteer fire relief association where a monthly
benefit service pension has been elected by or a monthly benefit is payable
with respect to a firefighter, a designated beneficiary must be a natural
person. For purposes of this chapter,
for a defined contribution volunteer fire relief association, for a lump-sum
volunteer fire relief association, or for a combination lump-sum and monthly
benefit volunteer fire relief association where a lump-sum service pension has
been elected by or a lump-sum benefit is payable with respect to a firefighter,
a designated beneficiary may be a trust created under chapter 501B.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 12. Minnesota Statutes 2009 Supplement, section
424A.05, is amended by adding a subdivision to read:
Subd. 3a. Corrections
of erroneous special fund deposits. Upon
notification of funds deposited in error in the special fund and after presentation
of evidence that the error occurred in good faith, the state auditor may
require the relief association to provide a written legal opinion concluding
that the transfer of funds from the special fund is consistent with federal and
state law. Taking into consideration the
evidence of good faith presented and the legal opinion, if any, provided, the
state auditor may order the transfer from the special fund to the appropriate
fund or account an amount equal to the funds deposited in error.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 13. REPEALER.
(a) Minnesota Statutes 2009
Supplement, section 424A.001, subdivision 6, is repealed.
(b) Laws 2009, chapter 169, article
10, section 32, is repealed.
EFFECTIVE DATE. Paragraph (a) is effective the day
following final enactment. Paragraph (b)
is effective retroactively from July 1, 2009.
ARTICLE 14
ONE PERSON/SMALL GROUP PENSION
ISSUES
Section 1. PERA-GENERAL;
PURCHASE OF OMITTED INVER GROVE HEIGHTS SCHOOL DISTRICT OMITTED MEMBER
CONTRIBUTIONS.
(a) Notwithstanding any provision
of law to the contrary, an eligible person described in paragraph (b) is
entitled to purchase from the general employees retirement plan of the Public
Employees Retirement Association allowable service credit under Minnesota
Statutes, section 353.01, subdivision 16, for the period of omitted member
deductions described in paragraph (c).
(b) An eligible person is a person
who:
(1) was born on April 17, 1948;
(2) is a current employee of
Independent School District No. 199, Inver Grove Heights;
(3) is a current member of the
general employees retirement plan of the Public Employees Retirement
Association;
(4) was employed by Independent
School District No. 199, Inver Grove Heights, on August 26, 1985; and
(5) was not reported by Independent
School District No. 199, Inver Grove Heights, for retirement coverage by
and membership in the general employees retirement plan of the Public Employees
Retirement Association until September 1, 1986.
(c) The period of uncredited
service authorized for purchase is the period of August 26, 1985, until August 31, 1986,
during which no member contributions for the general employees retirement plan
of the Public Employees Retirement Association were deducted from the eligible
person's salary by Independent School District No. 199, Inver Grove
Heights.
(d) The purchase payment amount
payable by the eligible person is four percent of the eligible person's salary
under Minnesota Statutes 1984, section 353.01, subdivision 10, from Independent
School District No. 199, Inver Grove Heights, during the period of August
26, 1985, until August 31, 1986, plus annual compound interest on that amount
at the rate of 8.5 percent from March 1, 1986, until the date on which payment
is made to the Public Employees Retirement Association. The purchase payment amount payable by
Independent School District No. 199, Inver Grove Heights, is the balance
of the full actuarial value prior service credit purchase payment amount
determined under Minnesota Statutes, section 356.551, as of the first day of
the month next following the receipt of the eligible person's payment that is
remaining after deducting the purchase payment amount payable by the eligible
person.
(e) The school district purchase
payment amount payable under paragraph (d) must be made on or before the 15th
of the month next following the receipt of the eligible person's payment under
paragraph (d). If the school district
purchase payment amount is not paid in a timely fashion, the amount due accrues
compound monthly interest at the rate of 0.71 percent per month from the first
day of the month next following the receipt of the eligible
person's payment until the school
district purchase payment amount is received by the Public Employees Retirement
Association. If the school district
purchase payment amount is not paid to the Public Employees Retirement
Association 90 days after the receipt of the eligible person's payment, the
executive director shall notify the commissioner of management and budget, the
commissioner of education, and the commissioner of revenue of that unpaid
obligation and the unpaid obligation must be deducted from any state aid
otherwise payable to the school district, plus interest.
(f) The eligible person must provide
the executive director of the Public Employees Retirement Association with any
relevant requested information pertaining to this service credit purchase.
(g) Authority to make a service
credit purchase under this section expires on June 30, 2011, or upon the
termination from public employment under Minnesota Statutes, section 353.01,
subdivision 11a, whichever occurs earlier.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 2. TEACHERS
RETIREMENT ASSOCIATION; SECOND CHANCE RETIREMENT COVERAGE AUTHORITY FOR IRAP
MEMBER.
(a) Notwithstanding any provision of
Minnesota Statutes, chapter 352, 353, or 354B or section 356.551 to the
contrary, an eligible person described in paragraph (b) is entitled to elect
retirement coverage for Minnesota State Colleges and Universities System
employment by the Teachers Retirement Association under Minnesota Statutes,
section 354B.21, subdivisions 2 and 3, despite the time limitation on the
election.
(b) An eligible person is a person
who:
(1) was born on July 19, 1948;
(2) was employed by Mankato State
University in 1969, with retirement coverage in the general state employees
retirement plan of the Minnesota State Retirement System, for which a refund of
member contributions and interest was taken before 2007;
(3) was employed by the city of
Austin in the early 1980s, with retirement coverage in the general employees
retirement plan of the Public Employees Retirement Association, for which a
refund of member contributions and interest was taken before 2007;
(4) is employed by the Minnesota
State Colleges and Universities System at Riverland Community College; and
(5) had the person's employment
position upgraded by the Minnesota State Colleges and Universities System on
September 9, 2007, and had retirement coverage transferred by operation of law
to the higher education individual retirement account plan.
(c) An election to change retirement
coverage from the Minnesota State Colleges and Universities System individual
retirement account plan to the Teachers Retirement Association must be made by
July 1, 2010, and is retroactive to September 9, 2007. If the election is made, Minnesota Statutes,
section 356.551, applies to the purchase of past service except for subdivision
1, paragraph (c), of that provision, which requires all refunds to be paid
before the service credit purchase. The
eligible person's account in the individual retirement account plan must be
liquidated by transfer to the Teachers Retirement Association fund by August 1,
2010, and used to cover part of the service credit purchase payment amount. Any remaining payment amount must be paid in
a lump sum to the executive director of the Teachers Retirement Association for
deposit in the Teachers Retirement Association fund by September 1, 2010. Retroactive service credit in the Teachers
Retirement Association must be granted to the eligible person once the
transfers and payments required under this paragraph have been made.
(d) If an eligible person under
paragraph (b) elects Teachers Retirement Association coverage but fails to make
the full payment required under paragraph (c), the election of Teachers
Retirement Association coverage is voided and the individual retains coverage
by the Minnesota State Colleges and Universities System individual retirement
account plan. If amounts were
transferred under paragraph (c) from the individual retirement account plan,
those amounts must be returned to the individual's account or accounts under
that plan.
EFFECTIVE DATE. This section is effective the day
following final enactment.
ARTICLE 15
MISCELLANEOUS PROVISIONS
Section 1. [352.016]
UNIVERSITY OF MINNESOTA EMPLOYEES; FURLOUGH SERVICE AND SALARY CREDIT.
A furloughed employee of the
University of Minnesota who is a member of the general state employees
retirement plan of the Minnesota State Retirement System may obtain allowable
service credit and salary credit for the furlough period. The allowable service and salary credit
authorization under this section is a leave of absence authorization for
purposes of section 352.017 and the purchase payment procedure of section
352.017, subdivision 2, applies.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 2. [353.012]
UNIVERSITY OF MINNESOTA EMPLOYEES; FURLOUGH SERVICE AND SALARY CREDIT.
A furloughed employee of the
University of Minnesota who is a member of the public employees police and fire
plan may obtain allowable service and salary credit for the furlough period. The allowable service and salary credit
authorization is a leave of absence authorization for purposes of section
353.0161 and the purchase payment procedure of section 353.0161, subdivision 2,
applies.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2008, section 356.216, is
amended to read:
356.216 CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL POLICE AND FIRE FUNDS.
(a) The provisions of section 356.215
that govern the contents of actuarial valuations must apply to any local police
or fire pension fund or relief association required to make an actuarial report
under this section, except as follows:
(1) in calculating normal cost and
other requirements, if required to be expressed as a level percentage of
covered payroll, the salaries used in computing covered payroll must be the
maximum rate of salary on which retirement and survivorship credits and amounts
of benefits are determined and from which any member contributions are
calculated and deducted;
(2) in lieu of the amortization
date specified in section 356.215, subdivision 11, the appropriate amortization
target date specified in section 69.77, subdivision 4, or 69.773, subdivision
4, clause (c), must be used in calculating any required amortization
contribution, except that if the actuarial report for the Bloomington Fire
Department Relief Association indicates an unfunded actuarial accrued
liability, the unfunded obligation is to be amortized on a level dollar basis
by December 31 of the year occurring 20 years later, and if subsequent
actuarial valuations for the
Bloomington Fire Department Relief
Association determine a net actuarial experience loss incurred during the year
which ended as of the day before the most recent actuarial valuation date, any
unfunded liability due to that loss is to be amortized on a level dollar basis
by December 31 of the year occurring 20 years later and except that the
amortization date for the Minneapolis Police Relief Association is December 31,
2020;
(3) in addition
to the tabulation of active members and annuitants provided for in section
356.215, subdivision 13, the member contributions for active members for the
calendar year and the prospective annual retirement annuities under the benefit
plan for active members must be reported;
(4) actuarial valuations required
under section 69.773, subdivision 2, must be made at least every four years and
actuarial valuations required under section 69.77 shall be made annually;
(5) the actuarial balance sheet
showing accrued assets valued at market value if the actuarial valuation is
required to be prepared at least every four years or valued as current assets
under section 356.215, subdivision 1, clause (6) paragraph (f),
or paragraph (b), whichever applies, if the actuarial valuation is required to
be prepared annually, actuarial accrued liabilities, and the unfunded actuarial
accrued liability must include the following required reserves:
(i) for active members:
1.
retirement benefits;
2.
disability benefits;
3.
refund liability due to death or withdrawal;
4.
survivors' benefits;
(ii) for deferred annuitants'
benefits;
(iii) for former members without
vested rights;
(iv) for annuitants;
1.
retirement annuities;
2.
disability annuities;
3.
surviving spouses' annuities;
4.
surviving children's annuities;
In addition to those required
reserves, separate items must be shown for additional benefits, if any, which
may not be appropriately included in the reserves listed above; and
(6) actuarial valuations are due by
the first day of the seventh month after the end of the fiscal year which the
actuarial valuation covers.
(b) For the Minneapolis
Firefighters Relief Association or the Minneapolis Police Relief Association,
the following provisions additionally apply:
(1) in calculating the actuarial
balance sheet, unfunded actuarial accrued liability, and amortization
contribution of the relief association, "current assets" means the
value of all assets at cost, including realized capital gains and losses, plus
or minus, whichever applies, the average value of total unrealized capital
gains or losses for the most recent three-year period ending with the end of
the plan year immediately preceding the actuarial valuation report transmission
date; and
(2) in calculating the applicable
portions of the actuarial valuation, an annual preretirement interest
assumption of six percent, an annual postretirement interest assumption of six
percent, and an annual salary increase assumption of four percent must be used.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2008, section 356.24,
subdivision 1, is amended to read:
Subdivision 1. Restriction;
exceptions. (a) It is unlawful for a
school district or other governmental subdivision or state agency to levy taxes
for, or to contribute public funds to a supplemental pension or deferred
compensation plan that is established, maintained, and operated in addition to
a primary pension program for the benefit of the governmental subdivision
employees other than:
(1) to a supplemental pension plan
that was established, maintained, and operated before May 6, 1971;
(2) to a plan that provides solely
for group health, hospital, disability, or death benefits;
(3) to the individual retirement
account plan established by chapter 354B;
(4) to a plan that provides solely
for severance pay under section 465.72 to a retiring or terminating employee;
(5) for employees other than
personnel employed by the Board of Trustees of the Minnesota State Colleges and
Universities and covered under the Higher Education Supplemental Retirement
Plan under chapter 354C, but including city managers covered by an alternative
retirement arrangement under section 353.028, subdivision 3, paragraph (a), or
by the defined contribution plan of the Public Employees Retirement Association
under section 353.028, subdivision 3, paragraph (b), if the supplemental plan
coverage is provided for in a personnel policy of the public employer or in the
collective bargaining agreement between the public employer and the exclusive
representative of public employees in an appropriate unit or in the individual
employment contract between a city and a city manager, and if for each
available investment all fees and historic rates of return for the prior one-,
three-, five-, and ten-year periods, or since inception, are disclosed in an
easily comprehended document not to exceed two pages, in an amount matching
employee contributions on a dollar for dollar basis, but not to exceed an
employer contribution of one-half of the available elective deferral permitted
per year per employee, under the Internal Revenue Code:
(i) to the state of Minnesota
deferred compensation plan under section 352.965;
(ii) in payment of the applicable
portion of the contribution made to any investment eligible under section
403(b) of the Internal Revenue Code, if the employing unit has complied with
any applicable pension plan provisions of the Internal Revenue Code with
respect to the tax-sheltered annuity program during the preceding calendar
year; or
(iii) any other deferred
compensation plan offered by the employer under section 457 of the Internal
Revenue Code;
(6) for personnel employed by the
Board of Trustees of the Minnesota State Colleges and Universities and not
covered by clause (5), to the supplemental retirement plan under chapter 354C,
if the supplemental plan coverage is provided for in a personnel policy or in
the collective bargaining agreement of the public employer with the
exclusive representative of the
covered employees in an appropriate unit, in an amount matching employee
contributions on a dollar for dollar basis, but not to exceed an employer
contribution of $2,700 a year for each employee;
(7) to a supplemental plan or to a
governmental trust to save for postretirement health care expenses qualified
for tax-preferred treatment under the Internal Revenue Code, if the
supplemental plan coverage is provided for in a personnel policy or in the collective
bargaining agreement of a public employer with the exclusive representative of
the covered employees in an appropriate unit;
(8) to the laborers national
industrial pension fund or to a laborers local pension fund for the employees
of a governmental subdivision who are covered by a collective bargaining
agreement that provides for coverage by that fund and that sets forth a fund
contribution rate, but not to exceed an employer contribution of $5,000 per
year per employee;
(9) to the plumbers and pipefitters
national pension fund or to a plumbers and pipefitters local pension fund for
the employees of a governmental subdivision who are covered by a collective
bargaining agreement that provides for coverage by that fund and that sets
forth a fund contribution rate, but not to exceed an employer contribution of
$5,000 per year per employee;
(10) to the international union of
operating engineers pension fund for the employees of a governmental
subdivision who are covered by a collective bargaining agreement that provides
for coverage by that fund and that sets forth a fund contribution rate, but not
to exceed an employer contribution of $5,000 per year per employee;
(11) to a supplemental plan
organized and operated under the federal Internal Revenue Code, as amended,
that is wholly and solely funded by the employee's accumulated sick leave, accumulated
vacation leave, and accumulated severance pay;
(12) to the International
Association of Machinists national pension fund for the employees of a
governmental subdivision who are covered by a collective bargaining agreement
that provides for coverage by that fund and that sets forth a fund contribution
rate, but not to exceed an employer contribution of $5,000 per year per
employee; or
(13) for employees of United
Hospital District, Blue Earth, to the state of Minnesota deferred compensation
program, if the employee makes a contribution, in an amount that does not
exceed the total percentage of covered salary under section 353.27,
subdivisions 3 and 3a; or
(14) to the alternative retirement
plans established by the Hennepin County Medical Center under section 383B.914,
subdivision 5.
(b) No governmental subdivision may
make a contribution to a deferred compensation plan operating under section 457
of the Internal Revenue Code for volunteer or emergency on-call firefighters in
lieu of providing retirement coverage under the federal Old Age, Survivors, and
Disability Insurance Program.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 5. Laws 2009, chapter 169, article 7, section 4,
is amended to read:
Sec. 4. EFFECTIVE
DATE.
Sections 1 to 3 are effective
January 1, 2010, and. Sections
1 and 2 expire June 30, 2011.
EFFECTIVE DATE. This section is effective the day
following final enactment."
Delete the title and insert:
"A bill for an act relating to
retirement; various retirement plans; increasing certain contribution rates;
suspending certain post-retirement adjustments; reducing certain postretirement
adjustment increase rates; suspending certain postretirement adjustments
temporarily; reducing interest rates on refunds; reducing deferred annuity
augmentation rates; eliminating interest on reemployed annuitant earnings
limitation deferred accounts; increasing certain vesting requirements;
increasing certain early retirement reduction rates; reducing certain benefit
accrual rates; extending certain amortization periods; making changes of an
administrative nature for retirement plans administered by the Minnesota State
Retirement Association; revising insurance withholding for certain retired
public employees; authorizing state patrol plan service credit for leave
procedures; addressing plan coverage errors and omitted contributions; revising
unlawful discharge annuity repayment requirements; requiring employment unit
accommodation of daily valuation of investment accounts; eliminating
administrative fee maximum for the unclassified state employees retirement
program; making changes of an administrative nature in the general employees
retirement plan of the Public Employees Retirement Association, the public
employees police and fire retirement plan, and the defined contribution
retirement plan; making various administrative modifications in the voluntary
statewide lump-sum volunteer firefighter retirement plan of the Public Employees
Retirement Association; revising purchase of salary credit procedures in
certain partial salary situations; adding new partial salary credit purchase
authority for partial paid medical leaves and budgetary leaves; redefining TRA
allowable service credit; defining annual base salary; requiring base salary
reporting by TRA-covered employing units; making changes of an administrative
nature in the Minnesota State Colleges and Universities System individual
retirement account plan; setting deadline dates for actuarial reporting;
extending and revising an early retirement incentive program; permitting the
court-ordered revocation of an optional annuity election in certain marriage
dissolutions; transfer of the administrative functions of the Minneapolis
Employees Retirement Fund to the Public Employees Retirement Association;
creation of MERF consolidation account within the Public Employees Retirement
Association; making various technical corrections relating to volunteer fire
relief associations; revising break-in-service return to firefighting
authorizations; authorizing Minnesota deferred compensation plan service
pension transfers; revising payout defaults in survivor benefits; authorizing
corrections of certain special fund deposits; requiring a retirement fund
investment authority study; authorizing certain service and salary credit for
furloughs; allowing election of coverage by legislative members; requiring a
deferred contribution plan study; requiring a defined contribution plan study;
authorizing certain bylaw amendments; making technical changes; appropriating
money; amending Minnesota Statutes 2008, sections 3A.02, subdivision 4; 11A.04;
11A.23, subdivision 4; 13D.01, subdivision 1; 43A.17, subdivision 9; 43A.316,
subdivision 8; 69.021, subdivision 10; 69.051, subdivision 3; 126C.41,
subdivision 3; 256D.21; 352.01, subdivision 2a; 352.03, subdivision 4; 352.04,
subdivision 9; 352.113, subdivision 1; 352.115, subdivisions 1, 10; 352.12,
subdivision 2; 352.22, subdivisions 2, 3; 352.72, subdivisions 1, 2; 352.91, by
adding a subdivision; 352.93, subdivisions 1, 2a, 3a; 352.931, subdivision 1;
352.965, subdivisions 1, 2, 6; 352B.02, as amended; 352B.08, subdivisions 1,
2a; 352B.11, subdivision 2b; 352B.30, subdivisions 1, 2; 352D.015, subdivisions
4, 9, by adding a subdivision; 352D.02, subdivisions 1c, 2, 3; 352D.03;
352D.04, subdivisions 1, 2; 352D.05, subdivisions 3, 4; 352D.06, subdivision 3;
352D.065, subdivision 3; 352D.09, subdivisions 3, 7; 352F.07; 353.01,
subdivisions 2b, 2d, by adding subdivisions; 353.0161, subdivision 2; 353.03,
subdivision 1; 353.05; 353.27, as amended; 353.29, subdivision 1; 353.30,
subdivision 1c; 353.32, subdivisions 1, 1a; 353.34, subdivisions 1, 2, 3, 6;
353.37, subdivisions 1, 2, 3, 3a, 4, 5; 353.46, subdivisions 2, 6; 353.64,
subdivision 7; 353.651, subdivisions 1, 4; 353.657, subdivisions 1, 2a; 353.71,
subdivisions 1, 2, 4; 353.86, subdivisions 1, 2; 353.87, subdivisions 1, 2;
353.88; 353D.01, subdivision 2; 353D.03, subdivision 1; 353D.04, subdivisions
1, 2; 353E.04, subdivisions 1, 4; 353E.07, subdivisions 1, 2; 353F.025,
subdivisions 1, 2; 353F.03; 354.05, by adding a subdivision; 354.07,
subdivision 5; 354.091; 354.42, subdivisions 3, 7, by adding subdivisions;
354.52, subdivision 6, by adding a subdivision; 354.66, subdivision 3; 354.71;
354A.011, subdivision 27; 354A.12, subdivisions 1, 3c, by adding a subdivision;
354A.27, subdivisions 5, 6, by adding a subdivision; 354A.31, subdivision 1;
354A.35, subdivision 1; 354A.37, subdivisions 2, 3, 4; 354A.39; 354B.25,
subdivisions 1, 3; 354C.14; 355.095, subdivision 1; 356.214, subdivision 1;
356.215, subdivisions 3, 8; 356.216; 356.24, subdivision 1; 356.30,
subdivisions 1, 3; 356.302, subdivisions 1, 3, 4, 5, 7; 356.303, subdivisions
2, 4; 356.315, subdivision 5; 356.407, subdivision 2; 356.431, subdivision 1;
356.465, subdivision 3; 356.47, subdivision 3; 356.50, subdivision
4; 356.64; 356.65, subdivision 2;
356.91; 356.96, subdivisions 2, 3, 7, 8; 356A.06, subdivision 8; 422A.101,
subdivision 3; 422A.26; 473.511, subdivision 3; 473.606, subdivision 5; 475.52,
subdivision 6; 490.123, by adding a subdivision; 518.58, subdivisions 3, 4;
Minnesota Statutes 2009 Supplement, sections 6.67; 69.011, subdivision 1;
69.031, subdivision 5; 69.772, subdivision 6; 69.773, subdivision 6; 352.01,
subdivision 2b; 352.75, subdivision 4; 352.95, subdivision 2; 352B.011,
subdivision 3; 353.01, subdivisions 2, 2a, 16; 353.06; 353.27, subdivisions 2,
3, 7; 353.33, subdivision 1; 353.371, subdivision 4; 353.65, subdivisions 2, 3;
353F.02, subdivision 4; 353G.05, subdivision 2; 353G.06, subdivision 1;
353G.08; 353G.09, subdivision 3; 353G.11, subdivision 1, by adding a
subdivision; 354.42, subdivision 2; 354.47, subdivision 1; 354.49, subdivision
2; 354.52, subdivision 4b; 354.55, subdivision 11; 354A.12, subdivision 2a;
356.20, subdivision 2; 356.215, subdivision 11; 356.32, subdivision 2; 356.401,
subdivision 3; 356.415, subdivisions 1, 2, by adding subdivisions; 356.96,
subdivisions 1, 5; 423A.02, subdivision 3; 424A.01, subdivisions 1, 6;
424A.015, by adding a subdivision; 424A.016, subdivisions 4, 7; 424A.02,
subdivisions 9, 10; 424A.05, subdivision 3, by adding a subdivision; 424A.08;
480.181, subdivision 2; Laws 2009, chapter 169, article 4, section 49; article
5, section 2; article 7, section 4; proposing coding for new law in Minnesota
Statutes, chapters 352; 352B; 353; 353G; 356; repealing Minnesota Statutes
2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; 352.91,
subdivision 5; 353.01, subdivision 40; 353.46, subdivision 1a; 353.88; 353D.03,
subdivision 2; 353D.12; 354A.27, subdivision 1; 354C.15; 356.43; 422A.01,
subdivisions 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02;
422A.03; 422A.04; 422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8; 422A.06,
subdivisions 1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09; 422A.10;
422A.101, subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14,
subdivision 1; 422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1,
2, 3, 4, 5, 6, 7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7;
422A.19; 422A.20; 422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23,
subdivisions 1, 2, 5, 6, 7, 8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25;
Minnesota Statutes 2009 Supplement, sections 422A.06, subdivision 8; 422A.08,
subdivision 5; 424A.001, subdivision 6; Laws 2009, chapter 169, article 10,
section 32."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Don Betzold, Sandra Pappas, Ann
Lynch, Steve Dille and Linda Higgins.
House Conferees:
Mary Murphy, Michael V. Nelson,
Phyllis Kahn, Paul Thissen and Steve
Smith.
Murphy, M., moved that the report of the
Conference Committee on S. F. No. 2918 be adopted and that the
bill be repassed as amended by the Conference Committee.
Buesgens moved that the House refuse to
adopt the Conference Committee report on S. F. No. 2918, and
that the bill be returned to the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
motion and the roll was called. There
were 32 yeas and 99 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Gottwalt
Gunther
Hackbarth
Hamilton
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Zellers
Those who voted in the negative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
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
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Westrom
Winkler
Spk.
Kelliher
The motion did not prevail.
The question recurred on the Murphy, M.,
motion that the report of the Conference Committee on
S. F. No. 2918 be adopted and that the bill be repassed as
amended by the Conference Committee. The
motion prevailed.
S. F. No. 2918,
A bill for an act relating to retirement; various retirement plans; increasing
certain contribution rates; suspending certain postretirement adjustments;
reducing certain postretirement adjustment increase rates; reducing interest
rates on refunds; reducing deferred annuity augmentation rates; eliminating
interest on reemployed annuitant earnings limitation deferred accounts;
increasing certain vesting requirements; increasing certain early retirement
reduction rates; reducing certain benefit accrual rates; extending certain
amortization periods; making changes of an administrative nature for retirement
plans administered by the Minnesota State Retirement Association; revising
insurance withholding for certain retired public employees; authorizing state
patrol plan service credit for leave procedures; addressing plan coverage
errors and omitted contributions; revising unlawful discharge annuity repayment
requirements; requiring employment unit accommodation of daily valuation of
investment accounts; eliminating administrative fee maximum for the
unclassified state employees retirement program; making changes of an
administrative nature in the general employees retirement plan of the Public
Employees Retirement Association, the public employees police and fire retirement
plan, and the defined contribution retirement plan; making various
administrative modifications in the voluntary statewide lump-sum volunteer
firefighter retirement plan of the Public Employees Retirement Association;
revising purchase of salary credit procedures in certain partial salary
situations; adding new partial salary credit purchase authority for partial
paid medical leaves and budgetary leaves; redefining TRA allowable service
credit; defining annual base salary; requiring base salary reporting by
TRA-covered employing units; making changes of an administrative nature in the
Minnesota State Colleges and Universities System individual retirement account
plan; setting deadline dates for
actuarial
reporting; extending and revising an early retirement incentive program;
permitting the court-ordered revocation of an optional annuity election in
certain marriage dissolutions; transfer of the administrative functions of the
Minneapolis Employees Retirement Fund to the Public Employees Retirement
Association; creation of MERF consolidation account within the Public Employees
Retirement Association; making various technical corrections relating to
volunteer fire relief associations; revising break-in-service return to
firefighting authorizations; authorizing Minnesota deferred compensation plan
service pension transfers; revising payout defaults in survivor benefits;
authorizing corrections of certain special fund deposits; requiring a
retirement fund investment authority study; authorizing certain bylaw
amendments; making technical changes; appropriating money; amending Minnesota
Statutes 2008, sections 3A.02, subdivision 4; 11A.04; 11A.23, subdivision 4;
13D.01, subdivision 1; 43A.17, subdivision 9; 43A.316, subdivision 8; 69.021,
subdivision 10; 69.051, subdivision 3; 126C.41, subdivision 3; 256D.21; 352.01,
subdivision 2a; 352.03, subdivision 4; 352.04, subdivision 9; 352.113,
subdivision 1; 352.115, subdivisions 1, 10; 352.12, subdivision 2; 352.22,
subdivisions 2, 3; 352.72, subdivisions 1, 2; 352.91, by adding a subdivision;
352.93, subdivisions 1, 2a, 3a; 352.931, subdivision 1; 352.965, subdivisions
1, 2, 6; 352B.02, as amended; 352B.08, subdivisions 1, 2a; 352B.11, subdivision
2b; 352B.30, subdivisions 1, 2; 352D.015, subdivisions 4, 9, by adding a
subdivision; 352D.02, subdivisions 1c, 2, 3; 352D.03; 352D.04, subdivisions 1,
2; 352D.05, subdivisions 3, 4; 352D.06, subdivision 3; 352D.065, subdivision 3;
352D.09, subdivisions 3, 7; 352F.07; 353.01, subdivisions 2b, 2d, by adding
subdivisions; 353.0161, subdivision 2; 353.03, subdivision 1; 353.05; 353.27,
as amended; 353.29, subdivision 1; 353.30, subdivision 1c; 353.32, subdivisions
1, 1a; 353.34, subdivisions 1, 2, 3, 6; 353.37, subdivisions 1, 2, 3, 3a, 4, 5;
353.46, subdivisions 2, 6; 353.64, subdivision 7; 353.651, subdivisions 1, 4;
353.657, subdivisions 1, 2a; 353.71, subdivisions 1, 2, 4; 353.86, subdivisions
1, 2; 353.87, subdivisions 1, 2; 353.88; 353D.01, subdivision 2; 353D.03,
subdivision 1; 353D.04, subdivisions 1, 2; 353E.04, subdivisions 1, 4; 353E.07,
subdivisions 1, 2; 353F.025, subdivisions 1, 2; 353F.03; 354.05, by adding a
subdivision; 354.07, subdivision 5; 354.091; 354.42, subdivisions 3, 7, by
adding subdivisions; 354.52, subdivision 6, by adding a subdivision; 354.66, subdivision
3; 354.71; 354A.011, subdivision 27; 354A.12, subdivisions 1, 3c, by adding a
subdivision; 354A.27, subdivisions 5, 6, by adding a subdivision; 354A.31,
subdivision 1; 354A.35, subdivision 1; 354A.37, subdivisions 2, 3, 4; 354A.39;
354B.25, subdivisions 1, 3; 354C.14; 355.095, subdivision 1; 356.214,
subdivision 1; 356.215, subdivisions 3, 8; 356.216; 356.24, subdivision 1;
356.30, subdivisions 1, 3; 356.302, subdivisions 1, 3, 4, 5, 7; 356.303,
subdivisions 2, 4; 356.315, subdivision 5; 356.351, subdivision 1; 356.407,
subdivision 2; 356.431, subdivision 1; 356.465, subdivision 3; 356.47,
subdivision 3; 356.50, subdivision 4; 356.64; 356.65, subdivision 2; 356.91;
356.96, subdivisions 2, 3, 7, 8; 356A.06, subdivision 8; 422A.101, subdivision
3; 422A.26; 473.511, subdivision 3; 473.606, subdivision 5; 475.52, subdivision
6; 490.123, by adding a subdivision; 518.58, subdivisions 3, 4; Minnesota
Statutes 2009 Supplement, sections 6.67; 69.011, subdivision 1; 69.031,
subdivision 5; 69.772, subdivision 6; 69.773, subdivision 6; 352.01,
subdivision 2b; 352.75, subdivision 4; 352.95, subdivision 2; 352B.011,
subdivision 3; 353.01, subdivisions 2, 2a, 16; 353.06; 353.27, subdivisions 2,
3, 7; 353.33, subdivision 1; 353.371, subdivision 4; 353.65, subdivisions 2, 3;
353F.02, subdivision 4; 353G.05, subdivision 2; 353G.06, subdivision 1;
353G.08; 353G.09, subdivision 3; 353G.11, subdivision 1, by adding a
subdivision; 354.42, subdivision 2; 354.47, subdivision 1; 354.49, subdivision
2; 354.52, subdivision 4b; 354.55, subdivision 11; 354A.12, subdivision 2a;
356.20, subdivision 2; 356.215, subdivision 11; 356.32, subdivision 2; 356.351,
subdivision 2; 356.401, subdivision 3; 356.415, subdivisions 1, 2, by adding
subdivisions; 356.96, subdivisions 1, 5; 423A.02, subdivision 3; 424A.01,
subdivisions 1, 6; 424A.015, by adding a subdivision; 424A.016, subdivisions 4,
7; 424A.02, subdivisions 9, 10; 424A.05, subdivision 3, by adding a
subdivision; 424A.08; 480.181, subdivision 2; Laws 2006, chapter 271, article
3, section 43, as amended; Laws 2009, chapter 169, article 4, section 49;
article 5, section 2; article 7, section 4; proposing coding for new law in
Minnesota Statutes, chapters 352B; 353; 353G; 356; repealing Minnesota Statutes
2008, sections 13.63, subdivision 1; 69.011, subdivision 2a; 352.91,
subdivision 5;
353.01,
subdivision 40; 353.46, subdivision 1a; 353.88; 353D.03, subdivision 2;
353D.12; 354A.27, subdivision 1; 354C.15; 356.43; 422A.01, subdivisions 1, 2,
3, 4, 4a, 5, 6, 7, 8, 9, 10, 11, 12, 13a, 17, 18; 422A.02; 422A.03; 422A.04;
422A.05, subdivisions 1, 2a, 2b, 2c, 2d, 2e, 2f, 5, 6, 8; 422A.06, subdivisions
1, 2, 3, 5, 6, 7; 422A.08, subdivision 1; 422A.09; 422A.10; 422A.101,
subdivisions 1, 1a, 2, 2a; 422A.11; 422A.12; 422A.13; 422A.14, subdivision 1;
422A.15; 422A.151; 422A.155; 422A.156; 422A.16, subdivisions 1, 2, 3, 4, 5, 6,
7, 8, 9, 10; 422A.17; 422A.18, subdivisions 1, 2, 3, 4, 5, 7; 422A.19; 422A.20;
422A.21; 422A.22, subdivisions 1, 3, 4, 6; 422A.23, subdivisions 1, 2, 5, 6, 7,
8, 9, 10, 11, 12; 422A.231; 422A.24; 422A.25; Minnesota Statutes 2009
Supplement, sections 422A.06, subdivision 8; 422A.08, subdivision 5; 424A.001,
subdivision 6; Laws 2009, chapter 169, article 10, section 32.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 116 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Eken
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
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
Sanders
Scalze
Scott
Sertich
Severson
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:
Anderson, B.
Brod
Buesgens
Dean
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Hackbarth
Kelly
Kohls
Peppin
Seifert
Shimanski
Westrom
The bill was repassed, as amended by Conference,
and its title agreed to.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2624
A bill for an act relating to state government; appropriating
money for environment and natural resources.
May 10, 2010
The
Honorable Margaret Anderson Kelliher
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F. No. 2624
report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2624
be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. MINNESOTA RESOURCES APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this act. The
appropriations are from the environment and natural resources trust fund, or
another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2010"
and "2011" used in this act mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2010, or June 30,
2011, respectively. "The first
year" is fiscal year 2010. "The
second year" is fiscal year 2011. "The
biennium" is fiscal years 2010 and 2011.
The appropriations in this act are onetime. Appropriations for fiscal year 2010 are
available the day following final enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 2. MINNESOTA
RESOURCES.
Subdivision 1. Total
Appropriations $418,000 $25,622,000
Appropriations
by Fund
2010 2011
Environment
and natural
resources trust fund 418,000 25,622,000
Appropriations
are available for two years beginning July 1, 2010, unless otherwise
stated in the appropriation. Any
unencumbered balance remaining in the first year does not cancel and is
available for the second year.
Subd. 2. Trust
Fund Definition
"Trust
fund" means the Minnesota environment and natural resources trust fund
referred to in Minnesota Statutes, section 116P.02, subdivision 6.
Subd. 3. Natural
Resource Data and Information -0- 4,920,000
(a) County Geologic Atlases and Related
Hydrogeologic Research
$1,130,000 is
from the trust fund to the Board of Regents of the University of Minnesota for
the Geologic Survey to initiate and continue the production of county geologic
atlases, establish hydrologic properties necessary to water management, and
investigate the use of geochemical data in water management. This appropriation represents a continuing
effort to complete the county geologic atlases throughout the state. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(b) Updating Minnesota Wetlands Inventory: Phase 2
$1,100,000
is from the trust fund to the commissioner of natural resources to continue the
update of wetland inventory maps for Minnesota.
This appropriation is available until June 30, 2013, by which time the
project must be completed and final products delivered.
(c) Minnesota Breeding Bird Atlas
$372,000 is
from the trust fund to continue development of a statewide survey of Minnesota
breeding bird distribution and create related publications, including a book
and online atlas with distribution maps and breeding status. Of this appropriation, $211,000 is to the
commissioner of natural resources for an agreement with Audubon Minnesota and
$161,000 is to the Board of Regents of the University of Minnesota for the
Natural Resources Research Institute. The
atlas must be available for downloading on the Internet free of charge.
(d) Integrated, Operational Bird
Conservation Plan for Minnesota
$151,000 is
from the trust fund to the commissioner of natural resources for an agreement
with Audubon Minnesota to develop an integrated bird conservation plan
targeting priority species and providing a framework for implementing
coordinated, focused, and effective bird conservation throughout Minnesota.
(e) Mitigating Pollinator Decline in
Minnesota
$297,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
assess the role of insecticides in pollinator health in order to help mitigate
pollinator decline. This appropriation
is available until June 30, 2013, by which time the project must be completed
and final products delivered.
(f) Science and Innovation from Soudan
Underground Mine State Park
$545,000 is from the trust fund to the Board of Regents of the University
of Minnesota to characterize unique microbes discovered in the Soudan Underground Mine State Park and investigate the potential application in bioenergy and bioremediation. This appropriation is available
until June 30, 2013, by which time the project must be
completed and final products delivered.
(g) Quantifying Carbon Burial in Wetlands
$144,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
determine the potential for carbon sequestration in Minnesota's shallow lakes
and wetlands. This appropriation is
available until June 30, 2013, by which time the project must be completed and
final products delivered.
(h) Strategic Planning for Minnesota's
Natural and Artificial Watersheds
$327,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
identify the interrelationship between artificial systems of drain tiles and
ditches and natural watersheds to guide placement of buffers and stream bed
restoration and modification.
(i) Ecosystem Services in Agricultural
Watersheds
$247,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the Chippewa River Watershed Project to develop local food and perennial
biofuels markets coupled with conservation incentives to encourage farmers to
diversify land cover in the Chippewa River Watershed supporting improvement to
water quality and habitat. This
appropriation is available until June 30, 2013, by which time the project must
be completed and final products delivered.
(j) Farmland Conservation in Minnesota
$100,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the Farmers Legal Action Group, Inc.
to assess the implementation of applicable laws for preserving agricultural
land and develop a comprehensive and systematic approach and policy tools to
preserve agricultural lands.
(k) Identifying Critical Habitats for Moose
in Northeastern Minnesota
$507,000 is
from the trust fund to the Board of Regents of the University of Minnesota for
the Natural Resources Research Institute to identify critical habitats for
moose, develop best
management
habitat protection practices, and conduct educational outreach in cooperation
with the Minnesota Zoo. This
appropriation is available until June 30, 2013, by which time the project must
be completed and final products delivered.
Subd. 4. Land,
Habitat, and Recreation 418,000 9,773,000
(a) Ecological Restoration Training
Cooperative for Habitat Restoration
$550,000 is
from the trust fund to the Board of Regents of the University of Minnesota for
improving ecological restoration success in Minnesota by developing and
offering training programs for habitat restoration professionals. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(b) Scientific and Natural Areas and Native
Prairie Restoration, Enhancement, and Acquisition
$1,750,000
is from the trust fund to the commissioner of natural resources to acquire
lands with high quality native plant communities and rare features to be
established as scientific and natural areas as provided in Minnesota Statutes,
section 86A.05, subdivision 5, restore parts of scientific and natural areas,
and provide assistance and incentives for native prairie landowners. A list of proposed acquisitions must be
provided as part of the required work program.
Land acquired with this appropriation must be sufficiently improved to
meet at least minimum management standards as determined by the commissioner of
natural resources. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(c) State Park Improvements
$567,000 is
from the trust fund to the commissioner of natural resources for state park
capital improvements and natural resource restoration. Of this amount, $250,000 is for solar energy
installations in state parks and the remaining amount shall be used for park
and campground restoration and improvements.
Priority shall be for projects that address existing threats to public
water resources. On July 1, 2010, the
unobligated balance, estimated to be $200,000, of the appropriation for clean
energy resource teams and community wind energy rebates in Laws 2005, First
Special Session chapter 1, article 2, section 11, subdivision 10, paragraph
(a), as amended by Laws 2006, chapter 243, section 15, and extended by Laws
2009, chapter 143, section 2, subdivision 16, is transferred and added to this
appropriation. On July 1, 2010, the
$47,000 appropriated in Laws 2009, chapter 143, section 2, subdivision 6,
paragraph (f), for native plant biodiversity, invasive plant species, and
invertebrates is transferred and added to this appropriation.
(d) State Park Land Acquisition
$1,750,000
is from the trust fund to the commissioner of natural resources to acquire and
preserve critical parcels within the statutory boundaries of state parks. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. A list of proposed acquisitions must be
provided as part of the required work program.
(e) Protection of Rare Granite Rock Outcrop
Ecosystem
$1,800,000
is from the trust fund to the Board of Water and Soil Resources, in cooperation
with the Renville Soil and Water Conservation District, to continue to acquire
perpetual easements of unique granite rock outcrops, located in the Upper
Minnesota River Valley. $418,000 of this
appropriation is for fiscal year 2010 and is available the day following final
enactment.
(f) Minnesota's
Habitat Conservation Partnership Supplemental
$1,344,000
is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (e),
from the trust fund for the acceleration of agency programs and cooperative
agreements. Of this appropriation,
$308,000 is to the commissioner of natural resources for agency programs and
$1,036,000 is for agreements as follows:
$425,000 with Ducks Unlimited, Inc.; $50,000 with National Wild Turkey
Federation; $164,000 with the Nature Conservancy; $102,000 with Minnesota Land
Trust; $200,000 with the Trust for Public Land; $45,000 with Friends of Detroit
Lakes Wetland Management District; and $50,000 to the Leech Lake Band of Ojibwe
to plan, restore, and acquire fragmented landscape corridors that connect areas
of quality habitat to sustain fish, wildlife, and plants. The United States Department of Agriculture
Natural Resources Conservation Service is an authorized cooperating partner in
the appropriation. Expenditures are
limited to the project corridor areas as defined in the work program. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum habitat and facility management
standards as determined by the commissioner of natural resources. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title
and easement acquisitions must be provided as part of the required work program. All funding for conservation easements must
include a long-term stewardship plan and funding for monitoring and enforcing
the agreement.
(g) Metropolitan Conservation Corridors
Supplemental
$1,750,000
is added to Laws 2009, chapter 143, section 2, subdivision 4, paragraph (f),
from the trust fund to the commissioner of natural resources for acceleration
of agency programs and cooperative agreements.
Of this appropriation, $1,750,000 is for agreements as follows: $890,000 with the Trust for Public Land;
$485,000 with Minnesota Land Trust; $325,000 with Minnesota Valley National
Wildlife Refuge Trust, Inc.; and $50,000 with Friends of the Minnesota Valley
for planning, restoring, and protecting important natural areas in the metropolitan
area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and
portions of the surrounding counties, through grants, contracted services,
technical assistance, conservation easements, and fee title acquisition. Land acquired with this appropriation must be
sufficiently improved to meet at least minimum management standards as
determined by the commissioner of natural resources. Expenditures are limited to the identified
project corridor areas as defined in the work program. This appropriation may not be used for the
purchase of residential structures, unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource management plan. Any land acquired in fee title by the
commissioner of natural resources with money from this appropriation must be
designated as an outdoor recreation unit under Minnesota Statutes, section
86A.07. The commissioner may similarly
designate any lands acquired in less than fee title. A list of proposed restorations and fee title
and easement acquisitions must be provided as part of the required work program. All funding for conservation easements must
include a long-term stewardship plan and funding for monitoring and enforcing
the agreement.
(h) Conserving
Sensitive and Priority Shorelands in Cass County
$300,000 is
from the trust fund to the commissioner of natural resources for an agreement
with Cass County to provide assistance for the donation of perpetual
conservation easements to protect sensitive shoreland parcels for long-term
protection of recreation, water quality, and critical habitat in north central
Minnesota. This appropriation is
available until June 30, 2013, by which time the project must be completed and
final products delivered.
(i) Reconnecting Fragmented Prairie
Landscapes
$380,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the Nature Conservancy to develop prairie landscape design plans and
monitoring protocol involving local landowners and businesses to guide
conservation, restoration, and related economic development. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
Subd. 5. Water
Resources -0- 3,455,000
(a) Understanding Sources of Aquatic
Contaminants of Emerging Concern
$640,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
identify chemical markers to characterize sources of endocrine disruptors and
pharmaceuticals entering surface waters in the Zumbro River Watershed. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(b) Managing
Mineland Sulfate Release in St. Louis River Basin
$270,000 is
from the trust fund to the commissioner of natural resources to map current
sulfate sources and assess treatment options to minimize potential impacts of
mercury on fish and wildlife from sulfate releases in the St. Louis River
Basin. This appropriation is available
until June 30, 2013, by which time the project must be completed and final
products delivered.
(c) Ecological Impacts of Effluent in
Surface Waters and Fish
$340,000 is
from the trust fund to the Board of Regents of the University of Minnesota in
cooperation with St. Cloud State University to determine the chemical and
biological fate of phytoestrogens in surface waters and the impacts on fish. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(d) Agricultural and Urban Runoff Water
Quality Treatment Analysis
$485,000 is
from the trust fund to the Board of Water and Soil Resources for an agreement
with the Blue Earth County Drainage Authority to reduce soil erosion, peak
water flows, and nutrient loading through a demonstration model evaluating
storage and treatment options in drainage systems in order to improve water
quality. This appropriation is available
until June 30, 2014, by which time the project must be completed and final
products delivered.
(e) Assessing Septic System Discharge to
Lakes
$594,000 is
from the trust fund to the commissioner of health for department activities and
for an agreement with the United States Geologic Survey in cooperation with St. Cloud
State University to develop quantitative data on septic system discharge of
estrogenic and pharmaceutical compounds and assess septic and watershed
influences on levels of contamination and biological responses in Minnesota
lakes. The United States Geologic Survey
is not subject
to the
requirements in Minnesota Statutes, section 116P.10. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(f) Evaluation of Dioxins in Minnesota Lakes
$264,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
examine the concentration of dioxins in lake sediment and options to improve
water quality in lakes.
(g) Assessment of Shallow Lake Management
$262,000 is
from the trust fund to the commissioner of natural resources to evaluate the
major causes of deterioration of shallow lakes in Minnesota and evaluate
results of current management efforts. This
appropriation is available until June 30, 2013, by which time the project must
be completed and final products delivered.
(h) Assessing Cumulative Impacts of
Shoreline Development
$300,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
evaluate near-shore, in-water habitat impacts from shoreline development
activities to assist in the design and implementation of management practices
protecting critical shorelands and aquatic habitat. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(i) Trout Stream Assessments
$300,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
assess cold water aquatic insect abundance related to warming water
temperatures as predictors of trout growth in southeastern Minnesota and assess
options to minimize stream temperature changes.
This appropriation is available until June 30, 2013, by which time the
project must be completed and final products delivered.
Subd. 6. Aquatic
and Terrestrial Invasive Species -0- 1,470,000
(a) Biological Control of European Buckthorn
and Garlic Mustard
$300,000 is
from the trust fund to the commissioner of natural resources in cooperation
with the commissioner of agriculture to continue the development and
implementation of biological control for European buckthorn and garlic mustard. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(b) Ecological and Hydrological Impacts of
Emerald Ash Borer
$636,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
assess the potential impacts of emerald ash borer on Minnesota's black ash
forests and quantify potential impacts on native forest vegetation, invasive
species spread, and hydrology. This
appropriation is available until June 30, 2015, by which time the project must
be completed and final products delivered.
(c) Healthy Forests to Resist Invasion
$359,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
assess the role of forest health management in resisting infestation of
invasive species. This appropriation is
available until June 30, 2013, by which time the project must be completed and
final products delivered.
(d) Bioacoustic Traps for Management of
Round Goby
$175,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
evaluate bioacoustic technology specific to invasive round goby in Lake
Superior as a method for early detection and population reduction. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
Subd. 7. Renewable
Energy -0- 3,364,000
(a) Algae for Fuels Pilot Project
$900,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
demonstrate an innovative microalgae production system utilizing and treating
sanitary wastewater to produce biofuels from algae. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(b) Sustainable Biofuels
$221,000 is
from the trust fund to the Board of Regents of the University of Minnesota to
determine how fertilization and irrigation impact yields of grass monoculture
and high diversity prairie biofuel crops, their storage of soil carbon, and
susceptibility to invasion by exotic species.
This appropriation is available until June 30, 2013, by which time the
project must be completed and final products delivered.
(c) Linking Habitat Restoration to Bioenergy
and Local Economies
$600,000 is
from the trust fund to the commissioner of natural resources to restore high
quality native habitats and expand market opportunities for utilizing
postharvest restoration as a bioenergy
source. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(d) Demonstrating Sustainable Energy
Practices at Residential Environmental Learning Centers (RELCs)
$1,500,000
is from the trust fund to the commissioner of natural resources for agreements
as follows: $206,000 with Audubon Center
of the North Woods; $212,000 with Deep Portage Learning Center; $350,000 with
Eagle Bluff Environmental Learning Center; $258,000 with Laurentian
Environmental Learning Center; $240,000 with Long Lake Conservation Center; and
$234,000 with Wolf Ridge Environmental Learning Center to implement renewable
energy, energy efficiency, and energy conservation practices at the facilities. Efforts will include dissemination of related
energy education.
(e) Analysis of Options for Minnesota Energy
Independence
$143,000 is
from the trust fund to the Board of Regents of the University of Minnesota for
a life cycle analysis of low carbon energy technologies available to implement
in Minnesota.
Subd. 8. Environmental
Education -0- 2,640,000
(a) Minnesota Conservation Apprenticeship
Academy
$368,000 is
from the trust fund to the Board of Water and Soil Resources in cooperation
with the Minnesota Conservation Corps or its successor to train and mentor future
conservation professionals by providing apprenticeship service opportunities to
soil and water conservation districts. This
appropriation is available until June 30, 2013, by which time the project must
be completed and the final products delivered.
(b) Engaging Students in Environmental
Stewardship through Adventure Learning
$250,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the Will Steger Foundation to provide curriculum, teacher training, online
learning, and grants to schools on investigating the connection between
Minnesota's changing climate and the impacts on ecosystems and natural
resources. This appropriation is
available until June 30, 2013, by which time the project must be completed and
final products delivered.
(c) Connecting Youth with Nature
$160,000 is
from the trust fund to the commissioner of natural resources to hold teacher
training workshops on the use of digital photography as a tool for learning
about nature. The equipment must be
provided from other funds.
(d) Urban Wilderness Youth Outdoor Education
$557,000 is
from the trust fund to the commissioner of natural resources for an agreement
with Wilderness Inquiry to provide an outdoor education and recreation program
on the Mississippi River. This
appropriation is available until June 30, 2013, by which time the project must
be completed and final products delivered.
(e) Get Outside - Urban Woodland for Kids
$218,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the city of St. Paul, Department of Parks and Recreation, to restore
and develop an outdoor classroom for ecological education and historical
interpretation at Como Regional Park in St. Paul. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(f) Expanding Outdoor Classrooms at
Minnesota Schools
$300,000 is
from the trust fund to the commissioner of natural resources to establish
additional and enhance existing outdoor school forest and prairie classroom
networks throughout Minnesota.
(g) Integrating Environmental and Outdoor
Education in Grades 7-12
$300,000 is
from the trust fund to the commissioner of education in cooperation with the
commissioner of natural resources to train and support grade 7-12 teachers to
integrate environmental and outdoor education into the instruction of academic
standards.
(h) Project Get Outdoors
$15,000 is
from the trust fund to the commissioner of natural resources for an agreement
with Project Get Outdoors, Inc. to develop out of school programs connecting
children to local nature experiences.
(i) Fishing:
Cross Cultural Gateway to Environmental Education
$155,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the Association for the Advancement of Hmong Women in Minnesota to provide
environmental information and teaching skills to and increase participation of
Southeast Asian communities through the gateway of fishing skills. Information on mercury in fish advisories
must be included as part of the educational outreach. This appropriation is available until June
30, 2013, by which time the project must be completed and final products
delivered.
(j) Minnesota WolfLink
$193,000 is
from the trust fund to the commissioner of natural resources for an agreement
with the International Wolf Center to develop interactive on-site and distance
learning about wolves and their habitat.
This appropriation is available until June 30, 2013, by which time the
project must be completed and final products delivered.
(k) Online Field Trip of Minnesota River
$124,000 is
from the trust fund to the commissioner of natural resources for an agreement
with Minnesota State University - Mankato to develop online educational
materials on the Minnesota River for schools and outreach centers.
Subd. 9. Availability
of Appropriations
Money
appropriated in this section may not be spent on activities unless they are
directly related to the specific appropriation and are specified in the
approved work program. Money
appropriated in this section must not be spent on indirect costs or other
institutional overhead charges. Unless
otherwise provided, the amounts in this section are available until June 30, 2012,
when projects must be completed and final products delivered. For acquisition of real property, the amounts
in this section are available until June 30, 2013, if a binding contract is
entered into by June 30, 2012, and closed not later than June 30, 2013. If a project receives a federal grant, the
time period of the appropriation is extended to equal the federal grant period.
Subd. 10. Data
Availability Requirements
Data
collected by the projects funded under this section must conform to guidelines
and standards adopted by the Office of Enterprise Technology. Spatial data also must conform to additional
guidelines and standards designed to support data coordination and distribution
that have been published by the Minnesota Geospatial Information Office. Descriptions of spatial data must be prepared
as specified in the state's geographic metadata guideline and must be submitted
to the Minnesota Geospatial Information Office.
All data must be accessible and free to the public unless made private
under the Data Practices Act, Minnesota Statutes, chapter 13.
To the
extent practicable, summary data and results of projects funded under this
section should be readily accessible on the Internet and identified as an
environment and natural resources trust fund project.
Subd. 11. Project
Requirements
(a) As a
condition of accepting an appropriation under this section, any agency or
entity receiving an appropriation must comply with paragraphs (b) to (h) and
Minnesota Statutes, chapter 116P, for any project funded in whole or in part
with funds from the appropriation.
(b) To the
extent possible, a person conducting restoration with money appropriated under
this section must plant vegetation only of ecotypes native to Minnesota and
preferably of the local ecotype using a high diversity of species originating
as close to the restoration site as possible and, when restoring prairies,
protect existing prairies from genetic contamination. Use of seeds and plant materials beyond these
requirements must be expressly approved in the work program.
(c) All
conservation easements acquired with money appropriated under this section
must:
(1) be
perpetual;
(2) specify
the parties to an easement in the easement;
(3) specify
all of the provisions of an agreement that are perpetual;
(4) be sent
to the office of the Legislative-Citizen Commission on Minnesota Resources in
an electronic format;
(5) include
a long-term stewardship plan and funding for monitoring and enforcing the
easement agreement; and
(6) include
requirements in the easement document to address specific water quality
protection activities such as keeping water on the landscape, reducing nutrient
and contaminate loading, protecting groundwater, and not permitting artificial
hydrological modifications.
(d) For all
restorations conducted with money appropriated under this section, a recipient
must prepare an ecological restoration and management plan that, to the degree
practicable, is consistent with the highest quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography, and other relevant factors that
would provide the best chance for long-term success of the restoration projects. The plan must include the proposed timetable
for implementing the restoration, including site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration; identify long-term maintenance and management needs of the
restoration and how the maintenance, management, and enhancement will be
financed; and take advantage of the best available science and include
innovative techniques to achieve the best restoration.
(e) For new
lands acquired with money appropriated under this section, a recipient must
prepare a restoration and management plan in compliance with paragraph (d)
including sufficient funding for implementation.
(f) For any
acquisition of land or interest in land, a recipient of money appropriated
under this section must give priority to high quality natural resources or
conservation lands that provide natural buffers to water resources.
(g) To
ensure public accountability for the use of public funds, a recipient of money
appropriated under this section must provide to the Legislative-Citizen
Commission on Minnesota Resources documentation of the selection process used
to identify parcels acquired and provide documentation of all related
transaction costs, including but not limited to appraisals, legal fees,
recording fees, commissions, other similar costs, and donations. This information must be provided for all
parties involved in the transaction. The
recipient must also report to the Legislative-Citizen Commission on Minnesota
Resources any difference between the acquisition amount paid to the seller and
the state-certified or state-reviewed appraisal, if a state-certified or
state-reviewed appraisal was conducted. Acquisition
data such as appraisals may remain private during negotiations but must
ultimately be made public according to Minnesota Statutes, chapter 13. The Legislative-Citizen Commission on
Minnesota Resources shall review the requirement in this paragraph and provide
a recommendation whether to continue or modify the requirement in future years. The commission may waive the application of
this paragraph for specific projects.
(h) A
recipient of money from an appropriation under this section must give
consideration to contracting with the Minnesota Conservation Corps or its
successor for contract restoration and enhancement services.
Subd. 12. Payment
Conditions and Capital Equipment Expenditures
All
agreements, grants, or contracts referred to in this section must be
administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section
16A.41, expenditures made on or after July 1, 2010, or the date the work
program is approved, whichever is later, are eligible for reimbursement unless
otherwise provided in this section. Periodic
payment must be made upon receiving documentation that the deliverable items
articulated in the approved work program have been achieved, including partial
achievements as evidenced by approved progress reports. Reasonable amounts may be advanced to
projects to accommodate cash flow needs or match federal money. The advances must be approved as part of the
work program. No expenditures for
capital equipment are allowed unless expressly authorized in the project work
program.
Subd. 13. Purchase
of Recycled and Recyclable Materials
A political
subdivision, public or private corporation, or other entity that receives an
appropriation under this section must use the appropriation in compliance with
Minnesota Statutes, sections 16B.121, regarding purchase of recycled,
repairable, and durable materials; and 16B.122, regarding purchase and use of
paper stock and printing.
Subd. 14. Energy
Conservation and Sustainable Building Guidelines
A recipient
to whom an appropriation is made under this section for a capital improvement
project must ensure that the project complies with the applicable energy
conservation and sustainable building guidelines and standards contained in
law, including Minnesota Statutes, sections 16B.325, 216C.19, and 216C.20, and
rules adopted under those sections. The
recipient may use the energy planning, advocacy, and State Energy Office units
of the Department of Commerce to obtain information and technical assistance on
energy conservation and alternative energy development relating to the planning
and construction of the capital improvement project.
Subd. 15. Accessibility
Structural
and nonstructural facilities must meet the design standards in the Americans
with Disabilities Act (ADA) accessibility guidelines.
Subd. 16. Carryforward
(a) The
availability of the appropriation for the following projects is extended to
June 30, 2013: Laws 2009, chapter 143,
section 2, subdivision 4, paragraph (j), Land and Water Conservation Account
(LAWCON) Federal Reimbursements; subdivision 5, paragraph (b), Vulnerability of
Fish Populations in Lakes to Endocrine Disrupting Contaminants; and subdivision
6, paragraph (b), Emergency Delivery System Development for Disinfecting
Ballast Water.
(b) The
availability of the appropriations transferred in subdivision 4, paragraph (c),
is extended to June 30, 2012.
EFFECTIVE DATE. Subdivision
16, paragraph (b), is effective the day following final enactment.
Sec. 3. [116P.17]
ACQUISITION OF LANDS TO BE CONVEYED TO THE STATE; COMMISSIONER APPROVAL.
(a) A
recipient of an appropriation from the trust fund who acquires an interest in
real property must receive written approval from the commissioner of natural
resources prior to the acquisition, if the interest:
(1) is
acquired in whole or in part with the appropriation; and
(2) will be
conveyed to the state for management by the commissioner.
(b) The
commissioner shall approve acquisitions under this section only when the
interest in real property:
(1) is
identified as a high priority by the commissioner; or
(2) meets the
objectives and criteria identified in the applicable acquisition plan for the
intended management status of the property.
EFFECTIVE DATE. This
section is effective July 1, 2010, and applies to appropriations made in fiscal
year 2011 and thereafter."
Delete the
title and insert:
"A
bill for an act relating to state government; appropriating money for
environment and natural resources; requiring approval for acquisition of
certain lands to be conveyed to the state; proposing coding for new law in Minnesota
Statutes, chapter 116P."
We request the adoption of this report and repassage of the
bill.
House Conferees:
Jean Wagenius, Tom Rukavina
and Larry Howes.
Senate Conferees:
Ellen Anderson, Dennis
Frederickson and Jim Vickerman.
Wagenius moved that the report of the
Conference Committee on H. F. No. 2624 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2624, A bill for
an act relating to state government; appropriating money for environment and
natural resources.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called.
Pursuant to rule 2.05, Knuth was excused
from voting on the repassage of H. F. No. 2624, as amended by Conference.
There were 95 yeas and 36 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Koenen
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
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
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kiffmeyer
Kohls
Lanning
Mack
Murdock
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 910:
Hortman, Jackson and Murdock.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2702:
Ruud, Thao, Laine, Abeler and Brynaert.
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 Supplemental Calendar for the Day for Wednesday, May
12, 2010:
H. F. Nos. 3834 and 2866;
S. F. No. 1679; H. F. Nos. 3699, 2405 and 3832;
S. F. Nos. 2879, 2469, 1770 and 2430; and
H. F. No. 2707.
Thissen was excused between the hours of
4:25 p.m. and 5:00 p.m.
Murphy, E., was excused between the hours
of 4:25 p.m. and 5:00 p.m.
CALENDAR FOR THE DAY
H. F. No. 3834, A bill for
an act relating to state government; requiring the commissioner of Minnesota
Management and Budget to provide a cash flow forecast to the governor and
legislature; proposing coding for new law in Minnesota Statutes, chapter 16A.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 113 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Seifert
Sertich
Severson
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Beard
Brod
Dean
Dettmer
Drazkowski
Emmer
Holberg
Hoppe
Nornes
Peppin
Scott
Shimanski
Smith
Westrom
Zellers
The bill was passed and its title agreed
to.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 2900.
S. F. No. 2900 was reported
to the House.
Dill moved
to amend S. F. No. 2900, the third engrossment, as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
GAME AND
FISH
Section 1. Minnesota Statutes 2008, section 17.4982, is
amended by adding a subdivision to read:
Subd. 10a. Fish
collector. "Fish
collector" means an individual who has been certified under section
17.4989 to oversee the collection of fish samples from a facility or a water
body for disease testing by a certified laboratory.
Sec. 2. Minnesota Statutes 2008, section 17.4982,
subdivision 12, is amended to read:
Subd. 12. Fish
health inspection. (a) "Fish
health inspection" means an on-site, statistically based sampling,
collection, and testing of fish in accordance with processes in the Fish
Health Blue Book for all lots of fish in a facility or the Diagnostic
Manual for Aquatic Animal Diseases, published by the International Office of
Epizootics (OIE) to test for causative pathogens. The samples for inspection must be collected
by a fish health inspector or a fish collector in cooperation with the producer. Testing of samples must be done by an
approved laboratory.
(b) The
inspection for viral hemorrhagic septicemia (VHS), infectious pancreatic
necrosis (IPN), and infectious hematopoietic necrosis (IHN) in salmonids and
for VHS in nonsalmonids must include at least a minimum viral
testing of ovarian fluids at the 95 percent confidence level of detecting two
percent incidence of disease (ovarian fluids must be sampled for
certification of viral hemorrhagic septicemia and infectious hematopoietic
necrosis). Bacterial diseases must be
sampled at the 95 percent confidence level with a five percent incidence of
disease. The inspection must be
performed by a fish health inspector in cooperation with the producer with
subsequent examination of the collected tissues and fluids for the detection of
certifiable diseases.
(c) The
inspection for certifiable diseases for wild fish must follow the guidelines of
the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases.
Sec. 3. [17.4989]
FISH SAMPLE COLLECTING.
Subdivision
1. Training. Fish
collector training may be offered by any organization or agency that has had
its class and practicum syllabus approved by the commissioner. The class and practicum must include the
following components:
(1)
accurate identification of licensed water bodies listed according to section
17.4984 and ensuring that collection is taking place at the correct site;
(2)
identification of fish internal organs;
(3) fish
dissection and sample preparation as identified by the Department of Natural
Resources based on specific testing requirements or as outlined in the Fish
Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases,
published by the International Office of Epizootics (OIE);
(4)
recording and reporting data;
(5) sample
preparation and shipping;
(6) a field
collection site test to demonstrate mastery of the necessary skills, overseen
by a certified fish health inspector; and
(7) a
certificate of successful completion signed by a certified fish health
inspector on a form provided by the commissioner.
Subd. 2. Certification
time period. Fish collector
certification is valid for five years and is not transferable. A person may renew certification only by
successfully completing certification training.
Certification shall be revoked if the certified person is convicted of
violating any of the statutes or rules governing testing for aquatic species
diseases. Certification may be suspended
during an investigation associated with misconduct or violations of fish health
testing and collection. The commissioner
shall notify the person that certification is being revoked or suspended.
Subd. 3. Conflict
of interest. A fish collector
may not oversee the collection of fish from a facility or a water body when the
collector has a conflict of interest in connection with the outcome of the
testing.
Sec. 4. Minnesota Statutes 2008, section 17.4991,
subdivision 3, is amended to read:
Subd. 3. Fish
health inspection. (a) An aquatic
farm propagating trout, salmon, salmonids or catfish and having
an effluent discharge from the aquatic farm into public waters must have a fish
health inspection conducted at least once every 12 months by a certified fish
health inspector. Testing must be
conducted according to approved the Fish Health Blue Book
laboratory methods.
(b) An
aquatic farm propagating any species on the viral hemorrhagic septicemia (VHS)
susceptible list and having an effluent discharge from the aquatic farm into
public waters must test for VHS virus using the guidelines of the Fish Health
Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by
the International Office of Epizootics (OIE).
The commissioner may, by written order published in the State Register,
prescribe alternative testing time periods and methods from those prescribed in
the Fish Health Blue Book or the OIE Diagnostic Manual if the commissioner
determines that biosecurity measures will not be compromised. These alternatives are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply. The commissioner must provide reasonable
notice to affected parties of any changes in testing requirements.
(c) Results
of fish health inspections must be provided to the commissioner for all fish
that remain in the state. All data used
to prepare and issue a fish health certificate must be maintained for three
years by the issuing fish health inspector, approved laboratory, or accredited
veterinarian.
(b) (d)
A health inspection fee must be charged based on each lot of fish sampled. The fee by check or money order payable to
the Department of Natural Resources must be prepaid or paid at the time a bill
or notice is received from the commissioner that the inspection and processing
of samples is completed.
(c) (e)
Upon receipt of payment and completion of inspection, the commissioner shall
notify the operator and issue a fish health certificate. The certification must be made according to
the Fish Health Blue Book by a person certified as a fish health inspector.
(d) (f)
All aquatic life in transit or held at transfer stations within the state may
be inspected by the commissioner. This
inspection may include the collection of stock for purposes of pathological
analysis. Sample size necessary for
analysis will follow guidelines listed in the Fish Health Blue Book.
(e) (g)
Salmonids and catfish must have a fish health inspection before being
transported from a containment facility, unless the fish are being transported
directly to an outlet for processing or other food purposes or unless the
commissioner determines that an inspection is not needed. A fish health inspection conducted for this
purpose need
only be
done on the lot or lots of fish that will be transported. The commissioner must conduct a fish health
inspection requested for this purpose within five working days of receiving
written notice. Salmonids and catfish
may be immediately transported from a containment facility to another
containment facility once a sample has been obtained for a health inspection or
once the five-day notice period has expired.
Sec. 5. Minnesota Statutes 2008, section 17.4994, is
amended to read:
17.4994 SUCKER EGGS.
Sucker eggs
may be taken from public waters with a sucker egg license endorsement, which
authorizes sucker eggs to be taken at a rate of one quart of eggs for each
1-1/2 acres of licensed surface waters except that for intensive culture
systems, sucker eggs may be taken at a rate of two quarts per 1,000 muskellunge
fry being reared for the fee prescribed in section 97A.475, subdivision
29. The Taking of
sucker eggs from public waters is subject to chapter 97C and may be supervised
by the commissioner. The commissioner
may limit the amount of sucker eggs that a person with a sucker egg license
endorsement may take based on the number of sucker eggs taken historically by
the licensee, new requests for eggs, and the condition of the spawning runs at
those historical streams and rivers that have produced previous annual quotas.
Sec. 6. Minnesota Statutes 2008, section 84.942,
subdivision 1, is amended to read:
Subdivision
1. Preparation. The commissioner of natural resources
shall prepare a comprehensive fish and wildlife management plan plans
designed to accomplish the policy of section 84.941. The comprehensive fish and wildlife
management plan shall include a strategic plan as outlined in subdivision 2. The strategic plan must be completed by July
1, 1986. The management plan must also
include the long-range and operational plans as described in subdivisions 3 and
4. The management plan must be completed
by July 1, 1988.
Sec. 7. Minnesota Statutes 2009 Supplement, section
84.95, subdivision 2, is amended to read:
Subd. 2. Purposes
and expenditures. Money from the
reinvest in Minnesota resources fund may only be spent for the following fish
and wildlife conservation enhancement purposes:
(1)
development and implementation of the comprehensive fish and wildlife
management plan plans under section 84.942;
(2)
implementation of the reinvest in Minnesota reserve program established by
section 103F.515;
(3) soil
and water conservation practices to improve water quality, reduce soil erosion
and crop surpluses;
(4)
enhancement or restoration of fish and wildlife habitat on lakes, streams,
wetlands, and public and private forest lands;
(5)
acquisition and development of public access sites and recreation easements to
lakes, streams, and rivers for fish and wildlife oriented recreation;
(6)
matching funds with government agencies, federally recognized Indian tribes and
bands, and the private sector for acquisition and improvement of fish and
wildlife habitat;
(7)
research and surveys of fish and wildlife species and habitat;
(8)
enforcement of natural resource laws and rules;
(9)
information and education;
(10)
implementing the aspen recycling program under section 88.80 and for other
forest wildlife management projects; and
(11)
necessary support services to carry out these purposes.
Sec. 8. Minnesota Statutes 2008, section 84D.03,
subdivision 3, is amended to read:
Subd. 3. Bait
harvest from infested waters. (a) The
Taking of wild animals from infested waters for bait or aquatic farm
purposes is prohibited, except as provided in paragraph (b) and section
97C.341.
(b) In
waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of
fish as defined in section 17.4982, subdivision 6, the taking of wild
animals may be permitted for:
(1)
commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the
commissioner; and
(2) bait
purposes for noncommercial personal use in waters that contain Eurasian water
milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to
cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in
length.
(c)
Equipment and gear authorized for minnow harvest in a designated infested water
by permit issued under paragraph (b) may not be transported to, or used in, any
waters other than waters specified in the permit.
Sec. 9. Minnesota Statutes 2008, section 84D.11,
subdivision 2a, is amended to read:
Subd. 2a. Harvest
of bait from infested waters. The
commissioner may issue a permit to allow the harvest of bait:
(1) from
waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of
fish as defined in section 17.4982, subdivision 6; and
(2) from
infested waters as allowed under section 97C.341, paragraph (c).
The permit
shall include conditions necessary to avoid spreading aquatic invasive species. Before receiving a permit, a person annually
must satisfactorily complete aquatic invasive species-related training provided
by the commissioner.
Sec. 10. Minnesota Statutes 2008, section 97A.015,
subdivision 52, is amended to read:
Subd. 52. Unprotected
birds. "Unprotected birds"
means English sparrow, blackbird, starling, magpie, cormorant, common pigeon, Eurasian
collared dove, chukar partridge, quail other than bobwhite quail, and mute
swan.
Sec. 11. Minnesota Statutes 2008, section 97A.101,
subdivision 3, is amended to read:
Subd. 3. Fishing
may not be restricted. Seasons or
methods of taking fish other than minnows may not be restricted under
this section.
Sec. 12. Minnesota Statutes 2008, section 97A.311,
subdivision 5, is amended to read:
Subd. 5. Refunds. (a) The commissioner may issue a refund
on a license, not including any issuing fees paid under section 97A.485,
subdivision 6, if the request is received within 90 days of the original
license purchase and:
(1) the
licensee dies before the opening of the licensed season. The original license and a copy of the death
certificate must be provided to the commissioner;
(2) the
licensee is unable to participate in the licensed activity because the licensee
is called to active military duty or military leave is canceled during the
entire open season of the licensed activity.
The original license and a copy of the military orders or notice of
cancellation of leave must be provided to the commissioner; or
(3) the
licensee purchased two licenses for the same license season in error.;
or
(4) the
licensee was not legally required to purchase the license to participate in the
activity.
(b) This
subdivision does not apply to lifetime licenses.
Sec. 13. Minnesota Statutes 2008, section 97A.331,
subdivision 4, is amended to read:
Subd. 4. Taking
and possessing big game out of season. (a)
A person that takes or illegally possesses big game during the closed
season is guilty of a gross misdemeanor.
The restitution value for a trophy deer taken or illegally possessed
during the closed season is according to paragraphs (b) to (d).
(b) The
restitution value for trophy deer shall be determined based on the animal's
trophy score. The trophy score for deer
shall be determined using the scoring system developed by the Boone and
Crockett Club.
(c) For
typical trophy deer, the following restitution values, based on the Boone and
Crockett Club score, are:
(1) 135 or
over and less than 160, $2,000;
(2) 160 or
over and less than 180, $3,000;
(3) 180 or
over and less than 200, $4,000; and
(4) 200 or
over, $5,000.
(d) For nontypical
trophy deer, the following restitution values, based on the Boone and Crockett
Club score, are:
(1) 160 or
over and less than 185, $2,000;
(2) 185 or
over and less than 205, $3,000;
(3) 205 or
over and less than 225, $4,000; and
(4) 225 or
over, $5,000.
Sec. 14. Minnesota Statutes 2008, section 97A.345, is
amended to read:
97A.345 RESTITUTION VALUE OF WILD ANIMALS.
(a) Except
for trophy deer restitution values provided under section 97A.331, subdivision
4, the commissioner may, by rules adopted under chapter 14, prescribe the
dollar value to the state of species of wild animals. The value may reflect the value to other
persons to legally take the wild animal, the replacement cost, or the intrinsic
value to the state of the wild animals. Species
of wild animals with similar values may be grouped together.
(b) The
value of a wild animal under the rules adopted by the commissioner is prima
facie evidence of a wild animal's value under section 97A.341.
(c) The
commissioner shall report annually to the legislature the amount of restitution
collected under section 97A.341 and the manner in which the funds were
expended.
Sec. 15. Minnesota Statutes 2008, section 97A.405,
subdivision 2, is amended to read:
Subd. 2. Personal
possession. (a) A person acting
under a license or traveling from an area where a licensed activity was
performed must have in personal possession either: (1) the proper license, if the license has
been issued to and received by the person; or (2) the proper license identification
number or stamp validation, if the license has been sold to the person by
electronic means but the actual license has not been issued and received.
(b) If
possession of a license or a license identification number is required, a
person must exhibit, as requested by a conservation officer or peace officer,
either: (1) the proper license if the
license has been issued to and received by the person; or (2) the proper
license identification number or stamp validation and a valid state driver's license,
state identification card, or other form of identification provided by the
commissioner, if the license has been sold to the person by electronic means
but the actual license has not been issued and received. A person charged with violating the license
possession requirement shall not be convicted if the person produces in court
or the office of the arresting officer, the actual license previously issued to
that person, which was valid at the time of arrest, or satisfactory proof that
at the time of the arrest the person was validly licensed. Upon request of a conservation officer or
peace officer, a licensee shall write the licensee's name in the presence of
the officer to determine the identity of the licensee.
(c) If the
actual license has been issued and received, a receipt for license fees, a copy
of a license, or evidence showing the issuance of a license, including the
license identification number or stamp validation, does not entitle a licensee
to exercise the rights or privileges conferred by a license.
(d) A
license issued electronically and not immediately provided to the licensee
shall be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory waterfowl, pheasant,
trout and salmon, or walleye stamp shall be provided to the licensee after
purchase of a stamp validation only if the licensee pays an additional $2
fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be purchased for
a $2 fee that covers the costs of producing and mailing the pictorial
stamp. Notwithstanding section 16A.1283,
the commissioner may, by written order published in the State Register,
establish fees for providing the pictorial stamps. The fees must be set in an amount that does
not recover significantly more or less than the cost of producing and mailing
the stamps. The fees are not subject to
the rulemaking provisions of chapter 14, and section 14.386 does not apply.
Sec. 16. Minnesota Statutes 2008, section 97A.421,
subdivision 4a, is amended to read:
Subd. 4a. Suspension
for failure to appear in court or pay a fine or surcharge. When a court reports to the commissioner
that a person (1) has failed to appear in court under the summons issued
in response to a notice to appear or fails to comply with other orders of
the court regarding the appearance or proceedings for a violation of the
game and fish laws or (2) has been convicted of violating a provision of the
game and fish laws, has been sentenced to the payment of a fine or had a
surcharge levied against them, and refused or failed to comply with that
sentence or to pay the fine or surcharge, the commissioner shall suspend the
game and fish license and permit privileges of the person until notified by the
court that the person has appeared in court under clause (1) or that any fine
or surcharge due the court has been paid under clause (2).
Sec. 17. Minnesota Statutes 2008, section 97A.433, is
amended by adding a subdivision to read:
Subd. 5. Mandatory
separate selection. The
commissioner must conduct a separate selection for 20 percent of the elk
licenses to be issued each year. Only
individuals who have applied at least ten times for an elk license and who have
never received a license are eligible for this separate selection.
Sec. 18. Minnesota Statutes 2008, section 97A.435,
subdivision 1, is amended to read:
Subdivision
1. Number
of licenses to be issued License
issuance. The commissioner shall
include in a rule setting the dates for a turkey season the number of licenses
to be issued rules setting turkey seasons the methods for issuing
licenses for those seasons.
Sec. 19. Minnesota Statutes 2008, section 97A.435,
subdivision 4, is amended to read:
Subd. 4. Separate
selection of eligible licensees. (a)
The commissioner may conduct a separate selection for up to 20 percent of the
turkey licenses to be issued for any area.
Only persons who are owners or tenants of and who live on at least 40
acres of land in the area, and their immediate family members, are eligible
applicants for turkey licenses for the separate selection. The qualifying land may be noncontiguous. Persons who are unsuccessful in a separate
selection must be included in the selection for the remaining licenses. Persons who obtain a license in a separate
selection must allow public turkey hunting on their land during that turkey
season. A license issued under this
subdivision is restricted to the permit area where the qualifying land is
located.
(b) The
commissioner may by rule establish criteria for determining eligible family
members under this subdivision.
Sec. 20. Minnesota Statutes 2009 Supplement, section
97A.445, subdivision 1a, is amended to read:
Subd. 1a. Angling
in a state park. (a) A
resident may take fish by angling without an angling license:
(1) when shore
fishing or wading on state-owned land within a state park.; or
(2) when
angling from a boat or float, this subdivision applies only to those or
through the ice on water bodies completely encompassed within the statutory
boundary of the state park.
(b) The
exemption from an angling license does not apply to waters where a trout stamp
is required.
Sec. 21. Minnesota Statutes 2008, section 97A.502, is
amended to read:
97A.502 DEER KILLED BY MOTOR VEHICLES.
(a) Deer
killed by a motor vehicle on a public road must be removed by the road
authority, as defined by section 160.02, subdivision 25, unless the driver
of the motor vehicle is allowed to possess the deer under paragraph (b). The commissioner of natural resources must
provide to all road authorities standard forms for statistical purposes and the
tracking of wild animals.
(b) The
driver of a motor vehicle that has collided with and killed a deer on a public
road has priority for a possession permit for the entire deer if the facts
indicate that the deer was not taken illegally.
Sec. 22. Minnesota Statutes 2008, section 97A.535,
subdivision 2a, is amended to read:
Subd. 2a. Quartering
of deer allowed. A deer that has
been tagged as required in subdivision 1 may be quartered at the site of the
kill. The animal's head or genitalia must
remain attached to one of the quarters for male deer taken in a lottery deer
area or areas with antler point restrictions the animal's head must remain
attached to one of the quarters. The
quarters must be presented together for registration under subdivision 2 and
must remain together until the deer is processed for storage.
Sec. 23. Minnesota Statutes 2008, section 97A.545,
subdivision 5, is amended to read:
Subd. 5.
Birds
must be in undressed condition; exceptions.
(a) Except as provided in paragraph (b), a person may ship or
otherwise transport game birds in an undressed condition only.
(b)
Paragraph (a) does not apply if the birds being shipped or otherwise transported:
(1) were
taken on a shooting preserve and are marked or identified in accordance with
section 97A.121, subdivision 5;
(2) were
taken, dressed, and lawfully shipped or otherwise transported in another state;
or
(3) are
migratory game birds that were lawfully tagged and packed by a federally
permitted migratory bird preservation facility.; or
(4) are
doves shipped or transported in accordance with federal law.
Sec. 24. Minnesota Statutes 2008, section 97B.015,
subdivision 5a, is amended to read:
Subd. 5a. Exemption
for military personnel. (a) Notwithstanding
subdivision 5,:
(1) a person
who has successfully completed basic training in the United States armed forces
is exempt from the range and shooting exercise portion of the required course
of instruction for the firearms safety certificate; and
(2) a
person who has successfully completed basic training and training as a sniper
in the United States armed forces is exempt from both the classroom instruction
and the range and shooting exercise portions of the required course of
instruction for the firearms safety certificate.
(b) The
commissioner may require written proof of the person's military training, as
deemed appropriate for implementing this subdivision. The commissioner shall publicly announce this
exemption these exemptions from the range and shooting exercise
requirement respective requirements for the firearms safety certificate
and the availability of the department's online, remote study option for adults
seeking firearms safety certification. Except
as provided in paragraph (a), military personnel and veterans are
not exempt from any other requirement the requirements of this
section for obtaining a firearms safety certificate.
EFFECTIVE DATE. This
section is effective July 1, 2010, for applications for firearms safety
certificates received on or after that date.
Sec. 25. Minnesota Statutes 2008, section 97B.022,
subdivision 2, is amended to read:
Subd. 2. Apprentice
hunter validation requirements. A
resident born after December 31, 1979, who is age 12 13 or older
over and who does not possess a hunter education firearms safety
certificate may be issued an apprentice hunter validation. An apprentice hunter validation is valid for
only one two license year years in a
lifetime. An individual in possession of an apprentice
hunter validation may hunt small game and, deer, and bear
only when accompanied by an adult licensed to hunt in Minnesota whose license
was not obtained using an apprentice hunter validation. An apprentice hunter validation holder must
obtain all required licenses and stamps.
Sec. 26. Minnesota Statutes 2008, section 97B.031,
subdivision 5, is amended to read:
Subd. 5. Scopes;
visually impaired hunters. (a)
Notwithstanding any other law to the contrary, the commissioner may issue a
special permit, without a fee, to use a muzzleloader with a scope to take deer
during the muzzleloader season to a person who obtains the required licenses
and who has a visual impairment. The scope
may not have magnification capabilities.
(b) The
visual impairment must be to the extent that the applicant is unable to
identify targets and the rifle sights at the same time without a scope. The visual impairment and specific conditions
must be established by medical evidence verified in writing by (1) a
licensed physician, or a certified nurse practitioner or certified
physician assistant acting under the direction of a licensed physician; (2) a
licensed ophthalmologist,; or (3) a licensed optometrist. The commissioner may request additional
information from the physician if needed to verify the applicant's eligibility
for the permit.
(c) A permit
issued under this subdivision may be valid for up to five years, based on the
permanence of the visual impairment as determined by the licensed physician,
ophthalmologist, or optometrist.
(d) The
permit must be in the immediate possession of the permittee when hunting under
the special permit.
(e) The
commissioner may deny, modify, suspend, or revoke a permit issued under this
subdivision for cause, including a violation of the game and fish laws or
rules.
(f) A person
who knowingly makes a false application or assists another in making a false
application for a permit under this subdivision is guilty of a misdemeanor. A physician, certified nurse practitioner,
certified physician assistant, ophthalmologist, or optometrist who
fraudulently certifies to the commissioner that a person is visually impaired
as described in this subdivision is guilty of a misdemeanor.
Sec. 27. Minnesota Statutes 2009 Supplement, section
97B.055, subdivision 3, is amended to read:
Subd. 3. Hunting
from vehicle by disabled hunters. (a)
The commissioner may issue a special permit, without a fee, to discharge a
firearm or bow and arrow from a stationary motor vehicle to a person who
obtains the required licenses and who has a permanent physical disability that
is more substantial than discomfort from walking. The permit recipient must be:
(1) unable
to step from a vehicle without aid of a wheelchair, crutches, braces, or other
mechanical support or prosthetic device; or
(2) unable
to walk any distance because of a permanent lung, heart, or other internal
disease that requires the person to use supplemental oxygen to assist
breathing.
(b) The
permanent physical disability must be established by medical evidence verified
in writing by a licensed physician or, chiropractor, or
certified nurse practitioner or certified physician assistant acting under the
direction of a licensed physician. The
commissioner may request additional information from the physician or
chiropractor if needed to verify the applicant's eligibility for the permit. Notwithstanding section 97A.418, the
commissioner may, in consultation with appropriate advocacy groups, establish
reasonable minimum standards for permits to be issued under this section. In addition to providing the medical evidence
of a permanent disability, the applicant must possess a valid disability
parking certificate authorized by section 169.345 or license plates issued
under section 168.021.
(c) A
person issued a special permit under this subdivision and hunting deer may take
a deer of either sex, except in those antlerless permit areas and seasons where
no antlerless permits are offered. This
subdivision does not authorize another member of a party to take an antlerless
deer under section 97B.301, subdivision 3.
(d) A
permit issued under this subdivision is valid for five years.
(e) The
commissioner may deny, modify, suspend, or revoke a permit issued under this
section for cause, including a violation of the game and fish laws or rules.
(f) A
person who knowingly makes a false application or assists another in making a
false application for a permit under this section is guilty of a misdemeanor. A physician, certified nurse practitioner,
certified physician assistant, or chiropractor who fraudulently certifies
to the commissioner that a person is permanently disabled as described in this
section is guilty of a misdemeanor.
(g) Notwithstanding
paragraph (d), the commissioner may issue a permit valid for the entire life of
the applicant if the commissioner determines that there is no chance that an
applicant will become ineligible for a permit under this section and the
applicant requests a lifetime permit.
Sec. 28. Minnesota Statutes 2008, section 97B.075, is
amended to read:
97B.075 HUNTING RESTRICTED BETWEEN EVENING AND MORNING.
(a) A
person may not take protected wild animals, except raccoon and fox, with a
firearm between the evening and morning times established by commissioner's
rule, except as provided in this section.
(b) Big
game may be taken from one-half hour before sunrise until one-half hour after
sunset.
(c) Except
as otherwise prescribed by the commissioner on or before the Saturday nearest
October 8, waterfowl may be taken from one-half hour before sunrise until
sunset during the entire season prescribed by the commissioner. On the opening day of the duck season,
shooting hours for migratory game birds, except woodcock and doves,
begin at 9:00 a.m.
Sec. 29. Minnesota Statutes 2008, section 97B.106,
subdivision 1, is amended to read:
Subdivision
1. Qualifications
for crossbow permits. (a) The
commissioner may issue a special permit, without a fee, to take big game, small
game, or rough fish with a crossbow to a person that is unable to hunt or take
rough fish by archery because of a permanent or temporary physical disability. A crossbow permit issued under this section
also allows the permittee to use a bow with a mechanical device that draws,
releases, or holds the bow at full draw as provided in section 97B.035,
subdivision 1, paragraph (a).
(b) To
qualify for a crossbow permit under this section, a temporary disability must
render the person unable to hunt or fish by archery for a minimum of two years
after application for the permit is made.
The permanent or temporary disability must be established by medical
evidence, and the inability to hunt or fish by archery for the required period
of time must be verified in writing by (1) a licensed physician or a
certified nurse practitioner or certified physician assistant acting under the
direction of a licensed physician; or (2) a licensed chiropractor. A person who has received a special permit
under this section because of a permanent disability is eligible for subsequent
special permits without providing medical evidence and verification of the
disability.
(c) The
person must obtain the appropriate license.
Sec. 30. Minnesota Statutes 2008, section 97B.325, is
amended to read:
97B.325 DEER STAND RESTRICTIONS.
A person may
not take deer from a constructed platform or other structure that is located
within the right-of-way of an improved public highway or is higher than 16
feet above the ground. The height
restriction does not apply to a portable stand that is chained, belted,
clamped, or tied with rope.
Sec. 31. Minnesota Statutes 2008, section 97B.405, is
amended to read:
97B.405 COMMISSIONER MAY LIMIT NUMBER OF BEAR HUNTERS.
(a) The commissioner
may limit the number of persons that may hunt bear in an area, if it is
necessary to prevent an overharvest or improve the distribution of hunters. The commissioner may establish, by rule, a
method, including a drawing, to impartially select the hunters for an area. The commissioner shall give preference to
hunters that have previously applied and have not been selected.
(b) In the
case of a drawing, the commissioner shall allow a person to apply for a permit
in more than one area at the same time and rank the person's choice of area.
(c) A person
selected through a drawing must purchase a license by the Friday closest to
July 31. Any remaining available
licenses not purchased shall be issued beginning the following Wednesday to
those who applied unsuccessfully. Any
remaining available licenses not purchased by unsuccessful applicants may then
be issued the following week beginning on Wednesday to any eligible person as
prescribed by the commissioner on a first-come, first-served basis.
Sec. 32. [97B.4251]
BAITING BEAR; USE OF DRUM.
Notwithstanding
section 97B.425, a private landowner or person authorized by the private
landowner may use a drum to bait bear on the person's private land. The drum must be securely chained or cabled
to a tree so that it cannot be moved from the site by a bear and the drum may
not include a mechanical device for dispensing feed. The drum must be marked with the name and
address of the person who registered the bait site. For purposes of this section, "drum"
means a 30 gallon or larger drum.
Sec. 33. Minnesota Statutes 2008, section 97B.515, is
amended by adding a subdivision to read:
Subd. 4. Taking
elk causing damage or nuisance. The
commissioner may authorize the taking of elk that are causing damage or
nuisance by licensed hunters from September 1 to March 1 under rules prescribed
by the commissioner. The commissioner
may select and issue licenses to hunters from lists of license applicants based
on their interest, proximity, and availability to quickly respond to the damage
or nuisance situation. A person
receiving a license to hunt elk under this subdivision is not subject to the
requirements of section 97A.433, subdivision 2, clause (2), and does not lose
eligibility for future elk hunts.
Sec. 34. Minnesota Statutes 2009 Supplement, section
97B.811, subdivision 3, is amended to read:
Subd. 3. Restrictions
on leaving decoys unattended. During
the open season for waterfowl, a person may not leave decoys in public waters
between sunset and two hours before lawful shooting hours or leave decoys
unattended during other times for more than three consecutive hours unless:
(1) the decoys
are in waters adjacent to completely surrounded by private land under
the control of the hunter; and
(2) there is
not natural vegetation growing in water sufficient to partially conceal a
hunter and there is no public access to the water.
Sec. 35. Minnesota Statutes 2008, section 97B.911, is
amended to read:
97B.911 MUSKRAT SEASONS.
(a) Except
as provided in paragraph (b), the commissioner may establish open
seasons and restrictions for taking muskrat.
(b) The
fall open season for muskrat shall begin the third Saturday in October in the
forest trapping zone.
Sec. 36. Minnesota Statutes 2008, section 97B.915, is
amended to read:
97B.915 MINK SEASONS.
(a) Except
as provided in paragraph (b), the commissioner may establish open
seasons and restrictions for taking mink.
(b) The
fall open season for mink shall begin the third Saturday in October in the
forest trapping zone.
Sec. 37. Minnesota Statutes 2008, section 97B.921, is
amended to read:
97B.921 OTTER SEASONS.
(a) Except
as provided in paragraph (b), the commissioner may establish open
seasons and restrictions for taking otter.
(b) The
fall open season for otter shall begin the third Saturday in October in the
forest trapping zone.
Sec. 38. Minnesota Statutes 2008, section 97B.925, is
amended to read:
97B.925 BEAVER SEASONS.
(a) Except
as provided in paragraph (b), the commissioner may establish open
seasons and restrictions for taking beaver.
(b) The
fall open season for beaver shall begin the third Saturday in October in the
forest trapping zone.
Sec. 39. [97B.927]
INCIDENTAL TAKINGS.
A person
who incidentally takes a muskrat or otter in a beaver trap during the beaver
season shall tag the animal with the person's name, license number, and the
date, time, and place where the animal was taken. The person must notify a conservation officer
no later than 24 hours after the taking.
The person shall give the pelt of the animal to the Minnesota Trappers
Association. All proceeds from the sale
of the pelts must be used to support the association's education efforts.
Sec. 40. Minnesota Statutes 2008, section 97C.005,
subdivision 3, is amended to read:
Subd. 3. Seasons,
limits, and other rules. The
commissioner may, in accordance with the procedures in subdivision 2,
paragraphs (c) and (e), or by rule under chapter 14, establish open seasons,
limits, methods, and other requirements for taking fish on special management
waters. The commissioner may, by
written order published in the State Register, amend daily, possession, or size
limits to make midseason adjustments that are necessary based on available
harvest, angling pressure, and population data to manage the fisheries in the
1837 Ceded Territory in
compliance
with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187
(1999). The midseason adjustments in
daily, possession, or size limits are not subject to the rulemaking provisions
of chapter 14 and section 14.386 does not apply.
Sec. 41. Minnesota Statutes 2008, section 97C.087,
subdivision 2, is amended to read:
Subd. 2. Application
for tag. Application for special fish
management tags must be accompanied by a $5, nonrefundable application fee for
each tag. A person may not make more
than one tag application each calendar year. If a person makes more than one application,
the person is ineligible for a special fish management tag for that season
calendar year after determination by the commissioner, without a
hearing.
Sec. 42. Minnesota Statutes 2008, section 97C.205, is
amended to read:
97C.205 TRANSPORTING AND STOCKING FISH.
(a) Except
on the water body where taken, a person may not transport a live fish in a
quantity of water sufficient to keep the fish alive, unless the fish:
(1) is
being transported under an aquaculture license as authorized under sections
17.4985 and 17.4986;
(2) is
being transported for a fishing contest weigh-in under section 97C.081;
(3) is a
minnow being transported under section 97C.505 or 97C.515;
(4) is
being transported by a commercial fishing license holder under section 97C.821;
or
(5) is
being transported as otherwise authorized in this section or as prescribed for
certifiable diseases under sections 17.46 to 17.4999.
(b) The
commissioner may adopt rules to allow and regulate:
(1) the
transportation of fish and fish eggs; and
(2) the
stocking of waters with fish or fish eggs.
(c) The
commissioner must allow the possession of fish on special management or
experimental waters to be prepared as a meal on the ice or on the shore of that
water body if the fish:
(1) were
lawfully taken;
(2) have
been packaged by a licensed fish packer; and
(3) do not
otherwise exceed the statewide possession limits.
(d) The
commissioner shall prescribe rules designed to encourage local sporting
organizations to propagate game fish by using rearing ponds. The rules must:
(1) prescribe
methods to acquire brood stock for the ponds by seining public waters;
(2) allow
the sporting organizations to own and use seines and other necessary equipment;
and
(3)
prescribe methods for stocking the fish in public waters that give priority to
the needs of the community where the fish are reared and the desires of the
organization operating the rearing pond.
(e) A
person age 16 or under may, for purposes of display in a home aquarium,
transport largemouth bass, smallmouth bass, yellow perch, rock bass, black
crappie, white crappie, bluegill pumpkinseed, green sunfish, orange spotted
sunfish, and black, yellow, and brown bullheads taken by angling, except as
otherwise ordered by the commissioner upon documentation of an emergency fish
disease in Minnesota waters, as defined in section 17.4982, subdivision 9. No more than four of each species may be
transported at any one time, and any individual fish can be no longer than ten
inches in total length. The
commissioner may, by written order published in the State Register, prohibit
transportation of live fish under this paragraph to help prevent spread of an
emergency fish disease documented to occur in Minnesota waters. The order is exempt from the rulemaking
provisions of chapter 14 and section 14.386 does not apply.
Sec. 43. Minnesota Statutes 2008, section 97C.315,
subdivision 1, is amended to read:
Subdivision
1. Lines. An angler may not use more than one line
except two lines may be used to take fish:
(1) two
lines may be used to take fish through the ice; and or
(2) the
commissioner may, by rule, authorize the use of two lines in areas designated
by the commissioner in Lake Superior if the angler purchases a second
line endorsement for $10.
Sec. 44. Minnesota Statutes 2008, section 97C.341, is
amended to read:
97C.341 CERTAIN AQUATIC LIFE PROHIBITED FOR BAIT.
(a) A
person may not use live minnows imported from outside of the state, game fish,
goldfish, or carp for bait. The
commissioner may authorize use of game fish eggs as bait and prescribe
restrictions on their use.
(b) A
person may not import or possess live, frozen, or processed bait from known
waters where viral hemorrhagic septicemia has been identified as being present,
except as provided in paragraph (c).
For purposes of this paragraph, "bait" includes fish, aquatic
worms, amphibians, invertebrates, and insects used for angling taking
wild animals.
(c) Cisco
and rainbow smelt taken under rules adopted by the commissioner may be used as:
(1) fresh
or frozen bait on Lake Superior; or
(2) bait
that has been processed to inactivate viral hemorrhagic septicemia in a manner
prescribed by rules adopted by the commissioner.
Sec. 45. [348.125]
COYOTE CONFLICT MANAGEMENT OPTION.
A county
board may, by resolution, offer a bounty for the taking of coyotes (Canis
latrans) by all legal methods. The
resolution may be made applicable to the whole or any part of the county. The bounty must apply during the months
specified in the resolution and be in an amount determined by the board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 46. LAKE
FLORIDA FISHING RESTRICTIONS.
The
commissioner shall prohibit fishing on Lake Florida in the area surrounding the
outlet and carp trap one month prior to the open season for walleye, sauger,
northern pike, muskellunge, largemouth bass, and smallmouth bass, as provided
under Minnesota Statutes, section 97C.395, subdivision 1, paragraph (a), clause
(1).
Sec. 47. RULEMAKING;
SPEARING ON CASS LAKE.
The
commissioner of natural resources shall amend Minnesota Rules, part 6264.0400,
subpart 69, to allow a person to take fish by spearing on Cass Lake. The commissioner may use the good cause
exemption under Minnesota Statutes, section 14.388, to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as
provided under Minnesota Statutes, section 14.388.
Sec. 48. REPEALER.
Minnesota
Statutes 2008, sections 84.942, subdivisions 2, 3, and 4; 97A.435, subdivision
5; 97B.511; 97B.515, subdivision 3; and 97B.811, subdivision 4, are repealed.
ARTICLE 2
STATE LANDS
Section 1. Minnesota Statutes 2008, section 84.0272,
subdivision 2, is amended to read:
Subd. 2. Stream
easements. (a) Notwithstanding
subdivision 1, the commissioner may acquire permanent stream easements for
angler access, fish management, and habitat work for a onetime payment based on
a value attributed to both the stream and the easement corridor. The payment shall equal:
(1) the per
linear foot of stream within the easement corridor times $5; plus
(2) the
easement corridor acres times the estimated market value.
(b) The
estimated market value is equal to:
(1) the total
farm market value plus the timberlands value agricultural market value
plus the rural vacant market value plus the managed forest market value;
divided by
(2) the
acres of deeded farmland plus the acres of timber agricultural land
plus the rural vacant land plus the managed forest land.
(c) The total
farm market value, timberlands value, acres of deeded farmland, and acres of
timber agricultural market value, rural vacant market value, and managed
forest market value or equivalent are determined from data collected by the
Department of Revenue during its annual spring mini abstract survey. If the Department of Revenue changes its
property type groups for its annual spring mini abstract survey, the
agricultural market value, the rural vacant market value, and the managed
forest market value shall be determined by the commissioner from data collected
by the Department of Revenue in a manner that provides the most reasonable
substitute for the market values as presently reported. The commissioner must use the most recent
available data for the city or township within which the easement corridor is
located.
(d) The
commissioner shall periodically review the easement payment rates under this
subdivision to determine whether the stream easement payments reflect current
shoreland market values. If the
commissioner determines that the easements do not reflect current shoreland
market values, the commissioner shall report to the senate and house
of
representatives natural resources policy committees with recommendations for
changes to this subdivision that are necessary for the stream easement payment
rates to reflect current shoreland market values. The recommendations may include an adjustment
to the dollar amount in paragraph (a), clause (1).
Sec. 2. Minnesota Statutes 2008, section 85.012,
subdivision 40, is amended to read:
Subd. 40. McCarthy Beach State Park, St. Louis County
and Itasca Counties, which is hereby renamed from McCarthy Beach
Memorial State Park.
Sec. 3. Minnesota Statutes 2008, section 89.021, is
amended by adding a subdivision to read:
Subd. 1a. Boundaries
designated. The commissioner
of natural resources may acquire by gift or purchase land or interests in land
adjacent to or in the proximity of a state forest. The commissioner may change the boundaries of
established state forests for the acquisition of land adjacent to or in the
proximity of the state forests, provided that the lands meet the definition of
forest land as defined in section 89.001, subdivision 4. The new boundaries shall be designated by the
process provided for in section 86A.07, subdivision 3.
Sec. 4. Minnesota Statutes 2008, section 89.032,
subdivision 2, is amended to read:
Subd. 2. Acquisition
for state forests. The commissioner
may acquire lands or interest in lands for state forest purposes. The land or interests in land may be
subject to mineral reservations.
Sec. 5. Minnesota Statutes 2008, section 94.342, is
amended by adding a subdivision to read:
Subd. 7. Exception
for riparian land in Boundary Waters Canoe Area Wilderness. Notwithstanding subdivision 3, any
state-owned riparian land within the Boundary Waters Canoe Area Wilderness may
be given in exchange for nonriparian land outside the Boundary Waters Canoe
Area Wilderness.
Sec. 6. Minnesota Statutes 2008, section 97A.141,
subdivision 1, is amended to read:
Subdivision
1. Acquisition;
generally. (a) Except as provided
in paragraph (b), the commissioner shall acquire access sites adjacent to
public waters and easements and rights-of-way necessary to connect the access
sites with public highways. The land may
be acquired by gift, lease, or purchase, or by condemnation with approval of
the Executive Council.
(b) Until
July 1, 2015, the commissioner shall not develop public access sites adjacent
to public waters that do not have a public access site until the commissioner
completes an aquatic invasive species prevention plan for the specific public
water.
Sec. 7. Laws 2009, chapter 176, article 4, section 9,
is amended to read:
Sec. 9. PRIVATE
SALE OF SURPLUS LAND; CLEARWATER COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to the
White Earth Band of Ojibwe for less than the value of the land as determined
by the commissioner, but the conveyance must provide that the land be used for
the public and reverts to the state if the band fails to provide for public use
or abandons the public use of the land $26,500. The conveyance may reserve an easement for
ingress and egress.
(c) The
land that may be sold is located in Clearwater County and is described as: the West 400 feet of the South 750 feet of Government Lot
3, Section 31, Township 145 North, Range 38 West, containing 6.89 acres, more
or less.
(d) The
Department of Natural Resources has determined that the land and building are
no longer needed for natural resource purposes.
Sec. 8. ADDITIONS
TO STATE PARKS.
Subdivision
1. [85.012] [Subd. 19.] Forestville Mystery Cave State Park,
Fillmore County. The
following areas are added to Forestville Mystery Cave State Park, all in
Fillmore County:
(1)
commencing at the northeast corner of Section 14, Township 102 North, Range 12
West; thence West 1,608.8 feet; thence South 2 degrees 50 minutes West 1,260.4
feet; thence North 89 degrees 57 minutes West 656 feet; thence South 0 degrees
39 minutes West 541.4 feet; thence North 89 degrees 57 minutes West 302.7 feet;
thence South 0 degrees 39 minutes West 347.1 feet; thence South 89 degrees 58
minutes East 132 feet; thence South 0 degrees 39 minutes West 496 feet; thence
South 89 degrees 58 minutes East 495 feet; thence South 54 degrees East 990
feet; thence South 39 degrees East 295 feet; thence South 84 degrees East 594
feet; thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462
feet; thence North 0 degrees 45 minutes East 3763 feet to beginning;
(2) that
part of the East Half of the Southeast Quarter of Section 14, Township 102
North, Range 12 West, lying North of the south bank of the North Branch Creek,
also known as Forestville Creek. Said
parcel of real estate being more fully described as follows: commencing at the northeast corner of Section
14, proceed West, a distance of 1,608.8 feet; thence South 2 degrees 50 minutes
West a distance of 1,260.4 feet; thence North 89 degrees 57 minutes West, a
distance of 656 feet; thence South 0 degrees 39 minutes West, a distance of
541.4 feet to the beginning corner. From
the point of beginning, continue North 89 degrees 57 minutes West, a distance
of 302.7 feet; thence South 0 degrees 39 minutes West a distance of 347.1 feet;
thence South 89 degrees 58 minutes East, a distance of 132 feet; thence South 0
degrees 39 minutes West, a distance of 496 feet; thence South 89 degrees 58
minutes East a distance of 363 feet; thence South 54 degrees East 990 feet;
thence South 39 degrees East 295 feet; thence South 84 degrees East 594 feet;
thence South 64 degrees East 148.5 feet; thence South 66 degrees East 462 feet,
to the section line; thence North on the section line, a distance of 1,783 feet;
thence North 85 degrees 34 minutes West a distance of 2,340.2 feet to the
beginning corner;
(3) the
South Half of the Northeast Quarter of Section 23, Township 102, Range 12,
Fillmore County, Minnesota, except the South Half of the Southeast Quarter of
the Southeast Quarter of said Northeast Quarter, and also except that part
thereof lying West of the center of County Road No. 12;
(4) that
part of the North Half of the Southwest Quarter of Section 23, Township 102,
Range 12, Fillmore County, Minnesota, lying northerly and easterly of the
following described line: commencing at
a point 288.4 feet North of the southwest corner of the Northwest Quarter of
the Southwest Quarter of said Section 23; thence North 132 feet, to the point
of beginning of the line to be described; thence East 1,800 feet, to the center
of river; thence South 6 degrees East 133 feet to intersect the hereinafter
described Line X; thence easterly along said Line X to the hereinafter
described Point A; thence South, parallel with the west line of said Southwest
Quarter to the south line of said North Half of said Southwest Quarter and said
line there terminating. Said Line X and
Point A being described as follows: commencing
at the southwest corner of the Northwest Quarter of the Southwest Quarter of
said Section 23; thence running North 4.37 chains; thence East, along a line
referred to as Line X in the above description, a distance of 27.25 chains to a
point referred to as Point A in the above description;
(5) the
East Half of the Southeast Quarter of the Southwest Quarter of Section 23,
Township 102, Range 12, Fillmore County, Minnesota; and
(6) the
Southeast Quarter of Section 23, Township 102, Range 12, Fillmore County,
Minnesota, except the North Half of the Northeast Quarter of the Northeast
Quarter of said Southeast Quarter.
Subd. 2. [85.012]
[Subd. 31.] Judge C. R. Magney State Park, Cook County. The following areas are added to Judge
C. R. Magney State Park, all in Cook County:
the Northwest Quarter of the Northwest Quarter, the Northeast Quarter of
the Northwest Quarter, and the Northwest Quarter of the Northeast Quarter, all
in Section 5, Township 62 North, Range 3 East.
Subd. 3. [85.012]
[Subd. 54.] Split Rock Lighthouse State Park, Lake County. The following areas are added to Split
Rock Lighthouse State Park, all in Lake County:
the Southeast Quarter of the Northwest Quarter and the Southwest Quarter
of the Northeast Quarter, all in Section 32, Township 55 North, Range 8 West.
Subd. 4. [85.012]
[Subd. 55a.] Tettegouche State Park, Lake County. The following areas are added to
Tettegouche State Park:
(1) that
part of Government Lot 2, Section 15, Township 56, Range 7, Lake County,
Minnesota, described as follows: commencing
at the quarter corner between said Section 15 and Section 22, Township 56,
Range 7; thence East, along the section line between said Sections 15 and 22, a
distance of 503.0 feet; thence northeasterly, deflecting to the left 75 degrees
00 minutes a distance of 425.0 feet, to a point designated by a two-inch iron
pipe, being the point of beginning; thence northwesterly, to a point on the
west line of said Lot 2 distant approximately 970.0 feet North of said quarter
corner between Sections 15 and 22; thence North along said west line to the
northwest corner of said Lot 2; thence East, along the north line of said Lot
2, approximately 240.0 feet; thence in a southeasterly direction to a point on
the east side of a point of rocks projecting into Lake Superior, being marked
by an X; thence in a southwesterly direction, along the shore of said Lake
Superior to the point of beginning. (X
mark on rock being in line making a deflection angle of 45 degrees 51 minutes
to the left with the east-west section line from a point on the section line
503.0 feet East of the quarter corner between said Sections 15 and 22 and being
approximately 830 feet from said point on said section line.); and
(2) the
Northeast Quarter of the Southwest Quarter of Section 15, Township 56, Range 7,
Lake County, Minnesota.
Sec. 9. DELETIONS
FROM STATE PARKS.
Subdivision
1. [85.012] [Subd. 1a.] Afton State Park, Washington County. The following area is deleted from
Afton State Park: all that part of the
Southwest Quarter of Section 3, Township 27, Range 20, Washington County, Minnesota,
embraced within the recorded plat of ALPS ESTATES.
Subd. 2. [85.012]
[Subd. 14.] Crow Wing State Park, Crow Wing, Cass, and Morrison Counties. The following areas are deleted from
Crow Wing State Park:
(1) all
that part of Government Lots 7 and 8, Section 24, Township 44, Range 32, Crow
Wing County, Minnesota, embraced within the recorded plat of RED RIVER TRAIL;
and
(2) all
that part of Government Lot 7, Section 24, Township 44, Range 32, Crow Wing
County, Minnesota, embraced within the recorded plat of LOGGER RUN.
Subd. 3. [85.012]
[Subd. 21.] Frontenac State Park, Goodhue County. The following area is deleted from
Frontenac State Park: that part of the
Southeast Quarter, Section 11, Township 112 North, Range 13 West, being
described as BLOCK P, GARRARD'S SOUTH EXTENSION TO FRONTENAC according to the
plat on file and of record in the Office of the Recorder for Goodhue County,
Minnesota, including any portions of vacated roadway which have attached
thereto.
Subd. 4. [85.012]
[Subd. 26.] Hayes Lake State Park, Roseau County. The following area is deleted from
Hayes Lake State Park: the West 45.00
feet of the North 160.7 feet of the South 263.58 feet of the Southwest Quarter
of the Northeast Quarter of Section 32, Township 160, Range 38, Roseau County,
Minnesota.
Subd. 5. [85.012]
[Subd. 40.] McCarthy Beach State Park, St. Louis and Itasca Counties. The following area is deleted from
McCarthy Beach State Park in Itasca County:
all that part of the Northeast Quarter of the Southeast Quarter, Section
1, Township 60 North, Range 22 West, embraced within the recorded plat of
"TRUST," as depicted thereon.
Subd. 6. [85.012]
[Subd. 41.] Maplewood State Park, Otter Tail County. The following areas are deleted from
Maplewood State Park:
(1) that
part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, embraced within the recorded plat of South Lida Shores, according to
the recorded plat thereof;
(2) that
part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, embraced within the recorded plat of Greens Isle View Addition,
according to the recorded plat thereof;
(3) that
part of Government Lot 4, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, described as follows: beginning
at a point located by running West 401 feet from the northeast corner of said
Government Lot 4 in Section 9; thence South 47 degrees 10 minutes West 100
feet; thence South 52 degrees 19 minutes West along the lakeshore of Lake Lida
a distance of 50 feet; thence South 42 degrees 50 minutes East 200 feet; thence
North 52 degrees 19 minutes East 50 feet; thence North 42 degrees 50 minutes
West 100 feet; thence North 47 degrees 10 minutes East 100 feet; thence North
42 degrees 50 minutes West, 100 feet to the point of beginning;
(4) that
part of Government Lot 5, Section 9, Township 135, Range 42, Otter Tail County,
Minnesota, described as follows: commencing
at the northeast corner of Government Lot 4 in said Section 9; thence on an
assumed bearing of West, along the north line of said Government Lot 4, a
distance of 130 feet, to intersect the shore of South Lida Lake, said point of
intersection being the point of beginning of the tract of land to be described;
thence return on a bearing of East, a distance of 130 feet, to said northeast
corner of Government Lot 4; thence North 03 degrees 46 minutes 00 seconds West
224.40 feet, along the centerline of a township road; thence North 08 degrees
31 minutes 00 seconds East 346.60 feet along said centerline; thence North 81
degrees 14 minutes 00 seconds West 34.00 feet to the westerly line of said
township road; thence North 08 degrees 31 minutes 00 seconds East along said
westerly line 125.00 feet; thence North 36 degrees 09 minutes 00 seconds West
230.00 feet; thence South 71 degrees 21 minutes 00 seconds West 93.00 feet,
more or less to the easterly shoreline of South Lida Lake; thence southeasterly
along said shoreline to the point of beginning; and
(5) that
part of Government Lot 2, Section 33, Township 136, Range 42, Otter Tail
County, Minnesota, described as follows:
commencing at the East Quarter corner of said Section 33; thence on an
assumed bearing of West, along the east-west quarter line of said Section 33, a
distance of 3,994.0 feet; thence North 25 degrees East, a distance of 308.3
feet to the southwesterly right-of-way line of a public highway; thence North
40 degrees 00 minutes West, a distance of 169.0 feet, along said right-of-way;
thence South 74 degrees 43 minutes West, a distance of 70.0 feet, more or less,
to the shore of South Lida Lake; thence southwesterly, along said shoreline to
the south line of said Government Lot 2; thence on a bearing of East, along the
south line of said Government Lot 2, also being said east-west quarter line to
the point of beginning.
Subd. 7. [85.012]
[Subd. 54.] Split Rock Lighthouse State Park, Lake County. The following area is deleted from
Split Rock Lighthouse State Park: the
Southeast Quarter of the Southeast Quarter, Section 31, Township 55 North,
Range 8 West, Lake County.
Sec. 10. ADDITIONS
TO STATE FORESTS.
[89.021] [Subd. 32.] Lyons
State Forest. The following area is added to the
Lyons State Forest: Section 16, Township
135 North, Range 32 West, Cass County.
Sec. 11. DEPOSIT
OF PROCEEDS.
Notwithstanding
Minnesota Statutes, section 97A.055, subdivision 2, the proceeds resulting from
the 2010 sale of a transportation road easement on the Lamprey Pass Wildlife
Management Area to construct a road overpass on County Road 83 in Washington
County shall be deposited in the land acquisition account established under
Minnesota Statutes, section 94.165.
Sec. 12. LAKE
COUNTY LAND EXCHANGE.
Notwithstanding
Minnesota Statutes, section 85.012, subdivision 1, the commissioner of natural
resources shall compensate Lake County or exchange state land of substantially
equal value for any tax-forfeited land administered by Lake County encompassed
by the boundary change effected under section 8, subdivision 3.
Sec. 13. PUBLIC
OR PRIVATE SALE OF SURPLUS STATE LAND; ANTICIPATED SAVINGS TO GENERAL FUND.
Notwithstanding
Minnesota Statutes, section 94.10, the commissioner of natural resources may
sell surplus land at public or private sale for less than the estimated or
appraised value of the land or for less than the minimum sale price prescribed
in Minnesota Statutes, section 94.10, provided the land is being sold to meet
the requirements of Laws 2005, chapter 156, article 2, section 45, as amended
by Laws 2007, chapter 148, article 2, section 73, and Laws 2009, chapter 37,
article 1, section 59.
EFFECTIVE DATE. This
section expires June 30, 2011.
Sec. 14. PUBLIC
SALE OF SURPLUS STATE LAND; AITKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of natural
resources may sell by public sale the surplus land described in paragraph (c)
and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Aitkin County and is described as: Government Lot 2 and the Southeast Quarter of
the Southwest Quarter, all in Section 19, Township 47 North, Range 24 West,
containing 84.25 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 15. PRIVATE
SALE OF SURPLUS STATE LAND; ANOKA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Anoka County and is described as: the East Half of the Southeast Quarter
of Section 25, Township 32 North, Range 22 West, Anoka County, Minnesota,
containing 80 acres, more or less.
(d) The
Department of Natural Resources has determined that the state's land management
interests would best be served if the land was conveyed to a local unit of
government. A local unit of government
would like to use this parcel as a wetland mitigation site.
Sec. 16. PUBLIC
SALE OF SURPLUS STATE LAND; BECKER COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Becker County and is described as: Government Lot 3, Section 1, Township 139
North, Range 37 West, containing 37.75 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 17. PUBLIC SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; BELTRAMI COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that
is described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The conveyance must include a reservation of
perpetual road easements described in paragraph (c) to the state for ingress
and egress for constructing, repairing, maintaining, and operating an adjacent
northern pike spawning and rearing area.
(c) The
land that may be sold is located in Beltrami County and is described as: All that part of the Southwest Quarter of the
Southwest Quarter and Government Lot 1, Section 21, Township 146 North, Range
31 West, bounded by the water's edge of Cass Lake and the following described
lines: Commencing at the southwest
corner of said section, thence North 00 degrees 07 minutes West, 691.2 feet on
and along the west line of said section to the point of beginning; thence South
58 degrees 27 minutes East, 177.64 feet; thence South 65 degrees 00 minutes
East, 162.35 feet; thence North 52 degrees 07 minutes East, 175.70 feet; thence
North 86 degrees 05 minutes East, 232.35 feet; thence South 41 degrees 50
minutes East, 186.35 feet; thence South 25 degrees 59 minutes East, 122.0 feet;
thence South 33 degrees 47 minutes West, 176.13 feet; thence South 26 degrees
31 minutes West, 157.26 feet; thence South 50 degrees 19 minutes East, 142.34
feet; thence North 88 degrees 05 minutes East, 66.15 feet to point
"A"; thence North 67 degrees 06 minutes East, 442.0 feet; thence
North 76 degrees 24 minutes East, 113.86 feet; thence North 80 degrees 48
minutes East, 88.96 feet to point "B"; thence South 17 degrees 17
minutes East, 138 feet, more or less, to the water's edge of Cass Lake and
there terminating. And from the point of
beginning; thence North 00 degrees 07 minutes West, 630.92 feet on and along
the west line of said Section 21; thence South 75 degrees 27 minutes East,
206.01 feet; thence South 35 degrees 36 minutes East, 210.68 feet; thence South
37 degrees 07 minutes East, 230.53 feet; thence South 51 degrees 18 minutes
East, 124.95 feet; thence North 55 degrees 37 minutes East, 156.60 feet; thence
South 48 degrees 10 minutes East, 120.58 feet; thence South 89 degrees 59 minutes
East, 197.76 feet; thence South 68 degrees 28 minutes East, 195.0 feet; thence
South 38 degrees 25 minutes East, 162.17 feet; thence South 56 degrees 38
minutes East, 410.58 feet; thence South 31 degrees 06 minutes West, 203.30
feet; thence South 80 degrees 48 minutes West, 14.84 feet; thence South 17
degrees 17 minutes East, 133 feet, more or less, to the water's edge of Cass
Lake and there terminating. Including
all riparian rights to the contained 18.0 acres, more or less and subject to
all existing easements.
Subject to
a perpetual road easement for ingress and egress over and across the following
described land in Government Lot 1 of said section described as follows: Beginning at point "B," said point
being on the southerly boundary of the above described tract; thence North 80
degrees 48 minutes East, 20.2 feet; thence South 17 degrees 17 minutes East,
33.33 feet; thence South 80 degrees 48 minutes West, 20.2 feet; thence North 17
degrees 17 minutes West, 33.33 feet to point "B" and the point of
beginning.
Except that
part of Government Lot 1 of Section 21, Township 146 North, Range 31 West,
described as follows: Commencing at the
southwest corner of said Section 21; thence North 00 degrees 07 minutes West,
1,322.12 feet along the west line of said Section 21; thence South 75 degrees
27 minutes East, 206.01 feet; thence South 35 degrees 36 minutes East, 210.68
feet; thence South 37 degrees 07 minutes East, 230.53 feet; thence South 51
degrees 18 minutes East, 124.95 feet; thence North 55 degrees 37 minutes East,
156.60 feet; thence South 48 degrees 10 minutes East, 120.58 feet; thence South
89 degrees 59 minutes East, 197.76 feet; thence South 68 degrees 28 minutes
East, 195.0 feet; thence South 38 degrees 25 minutes East, 162.17 feet; thence
South 56 degrees 38 minutes East, 383.52 feet, to the point of beginning;
thence South 56 degrees 38 minutes East, 27.06 feet; thence South 31 degrees 06
minutes West, 203.30 feet; thence South 80 degrees 48 minutes West, 2.52 feet;
thence North 15 degrees 31 minutes West, 46.80 feet; thence North 32 degrees 31
minutes East, 18.96 feet; thence North 59 degrees 39 minutes East, 58.56 feet;
thence North 20 degrees 23 minutes East, 105.29 feet to the point of beginning;
containing 0.1 acres.
Together
with a perpetual road easement for ingress and egress over and across the
Southwest Quarter of the Southwest Quarter of said section being a strip of
land 33 feet wide, lying 16.5 feet on each side of the following described
lines: Commencing at the southwest corner
of said Section 21; thence North 00 degrees 07 minutes West, 656.4 feet on and
along the west line of said section to the point of beginning; thence South 42
degrees 51 minutes East, 52.16 feet; thence South 70 degrees 04 minutes East,
214.3 feet; thence South 37 degrees 58 minutes East, 219.4 feet; thence South
49 degrees 02 minutes East, 252.6 feet; thence South 45 degrees 15 minutes
East, 152.5 feet; thence South 50 degrees 19 minutes East, 119.9 feet, to the
south line of Section 21 and there terminating.
Together
with a perpetual road easement for ingress and egress over and across the
northwesterly 16.5 feet of the following described land in Government Lot 1 and
the Southwest Quarter of the Southwest Quarter of said section described as
follows: Beginning at point
"A," said point being on the southern boundary of the above described
tract; thence North 67 degrees 06 minutes East, 442.0 feet; thence North 76
degrees 24 minutes East, 113.86 feet; thence North 80 degrees 48 minutes East, 88.96
feet; thence South 17 degrees 17 minutes East, 33.33 feet; thence South 80
degrees 48 minutes West, 92.38 feet; thence South 76 degrees 24 minutes West,
109.91 feet; thence South 67 degrees 06 minutes West, 353.28 feet; thence South
88 degrees 05 minutes West, 92.15 feet to point "A" and the point of
beginning.
(d) The
land borders Cass Lake. The land was
acquired for a northern pike spawning area but has not been used for such
purpose for 30 years. The Department of
Natural Resources has determined that the land is not needed for natural
resource purposes.
Sec. 18. PRIVATE
SALE OF SURPLUS STATE LAND; CARLTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Carlton County and is described as: the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter, except state trunk highway right-of-way,
Section 26, Township 49 North, Range 17 West, containing 9.324 acres, more or
less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 19. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; CARLTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Carlton
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The
land to be sold is located in Carlton County and is described as:
(1) part of
Government Lot 1 commencing 42 rods 17 links East of the northwest corner of
Section 6, Township 46, Range 18; thence South 82 rods 11 links; thence West to
Bear Lake; thence West on the shoreline to the section line; thence North to
the northwest corner; thence East to the beginning; except the highway
right-of-way and except the part northwest of Highway 35, Docket 214412 and
except commencing at the northwest corner of said Government Lot 1; thence
South 0 degrees 5 minutes 51 seconds West on the west line thereof 1,176.49
feet to a point on the southeast right-of-way line of the Interstate Highway 35
frontage road; thence North 51 degrees 42 minutes 51 seconds East on said
right-of-way line 209.76 feet; thence South 19 degrees 45 minutes East 120.0
feet to the point of beginning; thence North 19 degrees 45 minutes West 120.0
feet; thence North 51 degrees 42 minutes 51 seconds East 80.0 feet to the MNDOT
right-of-way monument; thence South 71 degrees 36 minutes 52 seconds East
216.61 feet; thence South 3 degrees 30 minutes West 195 feet, more or less, to
the shore of Bear Lake; thence westerly on said shore 215 feet, more or less,
to a point which bears 2 degrees 55 minutes East from the point of beginning;
thence North 2 degrees 55 minutes West 150 feet, more or less, to the point of
beginning, on Docket 240622 and except commencing at the northwest corner of
said Government Lot 1; thence East along the north line 704.22 feet; thence
South parallel to the west line 1,360.26 feet to the actual point of beginning;
thence North 739.16 feet, more or less, to the southeast right-of-way line of
the I-35 frontage road; thence southwest along said right-of-way line 608.48
feet, more or less, to the MNDOT monument; thence South 71 degrees 36 minutes
52 seconds East 216.61 feet; thence South 3 degrees 30 minutes West 195 feet,
more or less, to the shore of Bear Lake; thence East on said shore 285 feet,
more or less, to a point which bears North 00 degrees West from the point of
beginning; thence South 90 degrees East 15 feet, more or less, to the point of
beginning, Docket 282721 (parcel identification number 39-010-0920); and
(2) that
part of Government Lot 2 lying North of Moose Horn River, Docket 262968,
272524, and 272525, Section 11, Township 46, Range 19 (parcel identification
number 39-030-1220).
(d) The
county has determined that the county's land management interests would best be
served if the land was sold to adjoining landowners.
Sec. 20. PUBLIC SALE OF TAX-FORFEITED LAND BORDERING
PUBLIC WATER; CARLTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
Carlton County may sell the tax-forfeited land bordering public water that is
described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c) The
land to be sold is located in Carlton County and is described as:
(1) the
Northwest Quarter of the Southeast Quarter, Section 27, Township 48 North,
Range 18 West (parcel number 33-010-6300);
(2) the
Southwest Quarter of the Northeast Quarter, except that part East of the Kettle
River, Section 26, Township 48 North, Range 20 West (parcel number
90-010-4630); and
(3) the
Northwest Quarter of the Southeast Quarter or Government Lot 5, Section 12,
Township 49 North, Range 19 West (parcel number 94-026-2020).
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 21. PRIVATE SALE OF SURPLUS STATE LAND
BORDERING PUBLIC WATER; CASS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, and upon
completion of exchange of the school trust land for acquired land, the
commissioner of natural resources may sell by private sale the surplus land
bordering public water that is described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell the land to a
school district for less than the value of the land as determined by the
commissioner, but the conveyance must provide that the land described in
paragraph (c) be used for an educational unit managed forest and reverts to the
state if the school district fails to provide for or abandons the educational
unit managed forest use of the land.
(c) The
land that may be sold is located in Cass County and is described as:
(1) the
Southwest Quarter of the Southwest Quarter of Section 27;
(2) the
Southeast Quarter of the Southeast Quarter of Section 28;
(3) Government
Lot 11 of Section 33; and
(4)
Government Lot 14 of Section 34,
all in
Township 141 North, Range 28 West, containing a total of 98.7 acres, more or
less.
(d) The
land borders Nellie Lake. Independent
School District No. 118, Longville, has inadvertently trespassed upon the
land for the establishment of an educational unit managed forest under
Minnesota Statutes, section 89.41. The
commissioner of natural resources has determined that the state's land
management interests would best be served if the land was managed as an
educational unit managed forest. Since
the land is currently school trust land, the commissioner of natural resources
shall first exchange the school trust land for acquired land prior to sale.
Sec. 22. PUBLIC OR PRIVATE SALE OF SURPLUS STATE
LAND BORDERING PUBLIC WATER; CASS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by public or private sale the
surplus land bordering public water that is described in paragraph (c). Notwithstanding Minnesota Statutes, section
86A.055, the commissioner of natural resources may sell the surplus land
described in paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to a local unit of
government for less than the value of the land, as determined by the
commissioner, but the conveyance must provide that the land be used for the
public and reverts to the state if the local unit of government fails to
provide for public use or abandons the public use of the land.
(c) The
land that may be sold is located in Cass County and is described as: Lot 7, Block 1, Dell's Sleepy Hollow, Cass
County, Minnesota, according to the recorded plat thereof, containing 0.54
acres, more or less.
(d) The
land borders Woman Lake. The Department
of Natural Resources has determined that the state's land management interests
would best be served if the land was conveyed to a local unit of government.
Sec. 23. PUBLIC
SALE OF SURPLUS STATE LAND; COOK COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Cook County and is described as: the South Half of the Northwest Quarter,
Section 32, Township 62 North, Range 1 East, containing 80 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 24. PUBLIC
SALE OF SURPLUS STATE LAND; DOUGLAS COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Douglas County and is described as: the southerly 499.7 feet of the easterly
466.7 feet of the following described tract:
Southwest
Quarter of the Southeast Quarter of Section 6, Township 127 North, Range 37
West, excepting therefrom the right-of-way of the public road running on the
south line of said tract, containing 5.00 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 25. PRIVATE
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; GOODHUE COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the surplus land
bordering public water that is described in paragraph (c). Notwithstanding Minnesota Statutes, section
86A.055, the commissioner of natural resources may sell the surplus land
described in paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The conveyance must include the easement
specified in paragraph (c). The purpose
of the easement is to:
(1) provide
for the development of fish habitat, including tree planting, erosion control,
installation of instream structures, posting of signs, and other improvements;
(2) permit
angling by the public; and
(3) provide
ingress and egress through the property sold to the easement area.
(c) The
land that may be sold is located in Goodhue County and is described as: that part of the Southwest Quarter of the
Northeast Quarter and that part of the Northwest Quarter of the Southeast
Quarter of Section 7, Township 112, Range 15, Goodhue County, Minnesota, which
lie westerly of the centerline of County State-Aid Highway No. 6,
containing 2.6 acres, more or less.
Reserving
an easement over, under, and across that part of the above described property
located within a strip of land 132 feet in width, and centered on the
centerline of Spring Creek, as the same meanders through said Southwest Quarter
of the Northeast Quarter and said Northwest Quarter of the Southeast Quarter.
(d) The
land borders Spring Creek. The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes provided that an easement right is retained. The land is separated from the wildlife
management area by a county road and has been subject to inadvertent trespass
by the adjacent landowner.
Sec. 26. PUBLIC
SALE OF SURPLUS STATE LAND; GRANT COUNTY.
(a) Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell by public sale the surplus land described in paragraph (c) and direct the
net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Grant County and is described as: that part of the East 690 feet of the West 870
feet of the Southwest Quarter of the Northeast Quarter of Section 13, Township
127 North, Range 41 West, which lies southwesterly of a line run parallel to
and distant 225 feet southwesterly of the Soo Line Railroad Company (formerly
Minneapolis, St. Paul, and Sault Ste Marie Railway Company) main track
centerline as the same is now located and established over and across said
Section 13, containing 4.00 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 27. PRIVATE
SALE OF SURPLUS STATE LAND; HENNEPIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is described
in paragraph (c). Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell the surplus land described in paragraph (c) and direct the net proceeds to
the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The commissioner may sell to a local unit of
government for less than the value of the land, as determined by the
commissioner, but the conveyance must provide that the land be used for the
public and reverts to the state if the local unit of government fails to
provide for public use or abandons the public use of the land.
(c) The
land that may be sold is located in Hennepin County and is described as: Outlot A, Block 1, Schendel Woods, Hennepin
County, Minnesota, according to the recorded plat thereof, containing 13.92
acres, more or less.
(d) The
Department of Natural Resources has determined that the state's land management
interests would best be served if the land was conveyed to a local unit of
government. A local unit of government
would like to use this parcel for a storm water runoff project.
Sec. 28. PUBLIC
SALE OF SURPLUS STATE LAND; HUBBARD COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Hubbard County and is described as: that part of the Northeast Quarter of the
Northwest Quarter of Section 17, Township 143 North, Range 35 West, Minnesota
lying easterly of MN Highway No. 200, containing 30 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 29. CONVEYANCE
OF TAX-FORFEITED LAND BORDERING PUBLIC WATERS; ITASCA COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Itasca
County may convey to the city of Cohasset for consideration as determined by
Itasca County the land described in paragraph (c), under the remaining
provisions of Minnesota Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general and provide that
the land reverts to the state if the city of Cohasset fails to provide for the
public use described in paragraph (d) or abandons the public use of the land. As a condition of conveyance, the city of
Cohasset must provide to Itasca County a survey of the property, at no cost to
Itasca County. The conveyance is subject
to easements, restrictions, and reservations of record. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land to be conveyed is located in Itasca County and is described as: that part of Government Lot 7, Section 23,
Township 55 North, Range 26 West, described as follows:
Commencing
at the southwest corner of the Northwest Quarter of the Southwest Quarter,
Section 23, Township 55 North, Range 26 West; thence South 88 degrees 02
minutes 11 seconds East, along the south line of said Northwest Quarter of
Southwest Quarter and the south line of Government Lot 7 according to the plat
of HILLCREST PARK, 1,351.90 feet to the centerline of the Tioga Beach Road and
the point of beginning; thence northerly along the centerline of the Tioga
Beach Road 123.51 feet along a nontangential curve concave to the East, said
curve having a central angle of 12 degrees 08 minutes 28 seconds, radius of
582.87 feet, a chord bearing of North 07 degrees 35 minutes 37 seconds West,
chord distance 123.28 feet; thence North 01 degrees 31 minutes 24 seconds West,
along the centerline of the Tioga Beach Road 167.83 feet; thence northerly
along the centerline of the Tioga Beach Road 139.95 feet along a tangential
curve concave to the West, said curve having a central angle of 11 degrees 26
minutes 28 seconds, radius of 700.85 feet; thence North 12 degrees 57 minutes
52 seconds West, along the centerline of the Tioga Beach Road 174.21 feet;
thence northerly along the centerline of the Tioga Beach Road 70.93 feet, more
or less, along a tangential curve concave to the East, said curve having a
central angle of 08 degrees 46 minutes 30 seconds, radius of 463.14 feet to
intersect the north line of the South 665.00 feet of Government Lot 7; thence
South 88 degrees 02 minutes 11 seconds East along the north line of the South
665.00 feet of said Government Lot 7, a distance of 512.74 feet; thence South
65 degrees 39 minutes 08 seconds East, 184 feet, more or less, to the waters
edge of Pokegama Lake; thence southwesterly along the waters edge of Pokegama
Lake to intersect the south line of said Government Lot 7; thence North 88
degrees 02 minutes 11 seconds West, along the south line of Government Lot 7,
220 feet, more or less, to the point of the beginning and there terminating. Parcel contains approximately 690 front feet
of shoreland on Pokegama Lake and 6.8 acres.
(d) The
county has determined that the county's land management interests would be best
served if the lands are managed for a public beach and other public
recreational purposes by the city of Cohasset.
Sec. 30. PRIVATE SALE OF TAX-FORFEITED LAND
BORDERING PUBLIC WATER; MAHNOMEN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Mahnomen
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits buildings, structures, tree cutting, removal of
vegetation, and shoreland alterations within an area 75 feet from the ordinary
high water level. A 15-foot strip for
lake access and a dock is allowed.
(c) The
land to be sold is located in Mahnomen County and is described as:
Beginning
at the northeast corner of Lot 1; thence 28 rods West to the point of
beginning; thence West 7 rods; thence South to the shoreline of North Twin Lake
9 rods, more or less; thence southeast on the shoreline to a point South of the
point of beginning; thence North 16 rods, more or less, to the point of
beginning, all in Section 29, Township 144 North, Range 39 West (parcel number
R16 029 0200).
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 31. PUBLIC
SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Martin County and is described as: all of Tract A described below:
Tract A:
That part
of Government Lot 3 and the Northeast Quarter of the Southwest Quarter, both in
Section 32, Township 103 North, Range 30 West, described as follows: Beginning at the point of intersection of a
line run parallel with and distant 100 feet northerly of Line 1 described below
with a line run parallel with and distant 50 feet southeasterly of Line 3,
described below; thence run easterly on said 100 foot parallel line to its
intersection with a line run parallel with and distant 100 feet westerly of
Line 2 described below; thence run northerly of the last described 100 foot
parallel line to a point thereon, distant 100 feet southerly of its
intersection with a line run parallel with and distant 50 feet southerly of
said Line 3; thence run northwesterly to a point on said 50 foot parallel line
distant 100 feet westerly of the last described intersection (when measured
along said 50 foot parallel line), said point being hereinafter referred to as
"Point B"; thence run southwesterly on said 50 foot parallel line to
the point of beginning.
Line 1:
Beginning
at a point on the east line of said Section 32, distant 516.9 feet South of the
east quarter corner thereof; thence run westerly at an angle of 89 degrees 20
minutes 15 seconds from said east section line (measured from North to West)
for 5,337.2 feet and there terminating.
Line 2:
Beginning
at a point of Line 1, described above, distant 1,545 feet easterly of its point
of termination; thence run northerly at right angles to said Line 1 for 590
feet and there terminating.
Line 3:
Beginning
at the point of termination of Line 2 described above; thence run westerly at
right angles to said Line 2 for 134.26 feet; thence deflect to the left on a 07
degree 00 minute 00 second curve (delta angle 35 degrees 00 minutes 00 seconds)
for 500 feet; thence on a tangent to said curve for 280.6 feet; thence deflect
to the right on a 07 degree 00 minute 00 second curve (delta angle 35 degrees
00 minutes 00 seconds) for 500 feet and there terminating.
Containing
5.75 acres, more or less. Subject to the
following restriction:
No access
shall be permitted to Trunk Highway 391 renumbered 90 or to County Road No. 59
from the lands herein conveyed; except that access shall be permitted along a
line run parallel with and distant 50 feet southeasterly of Line 3 described
above, between the point of beginning of Tract A hereinbefore described and
"Point B" hereinbefore described.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 32. PRIVATE
SALE OF SURPLUS STATE LAND; MARTIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c). Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell the surplus land described in paragraph (c) and direct the net proceeds to
the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Martin County and is described as: the North 700 feet of a strip of land 100
feet in width extending over and across the West Half of the Northwest Quarter
and the Northwest Quarter of the Southwest Quarter of Section 25, Township 101
North, Range 32 West, Martin County, Minnesota.
The centerline of said strip being the centerline of the main track (now
removed) of the Minnesota and Iowa Railway Company, as said centerline was
originally located and established over and across said Section 25. This parcel contains 1.6 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes and that the state's land management interests would
best be served if the land were conveyed to the adjacent landowner to improve
access to the landowner's property.
Sec. 33. EXCHANGE
OF STATE LAND WITHIN LAKE MARIA WILDLIFE MANAGEMENT AREA; MURRAY COUNTY.
(a) The
commissioner of natural resources may, with the approval of the Land Exchange
Board as required under the Minnesota Constitution, article XI, section 10, and
according to the provisions of Minnesota Statutes, sections 94.343 to 94.347,
exchange the land described in paragraph (b).
(b) The
land that may be exchanged is located in Murray County and is described as:
(1) the
North 866 feet of the South 1555 feet of the Southwest Quarter of Section 7,
Township 108, Range 41, lying West of the East 450 feet thereof;
(2) the
South 689 feet of the Southwest Quarter of Section 7, Township 108, Range 41;
and
(3) that
part of the Northeast Quarter of Section 18, Township 108, Range 41, described as
follows: Commencing at the northwest
corner of said Section 7, Township 108, Range 41; thence running easterly along
the north line of said Section 7 a distance of 2,769.50 feet to the
intersection with the centerline of the township road; thence southerly along
the centerline of said township road a distance of 2,653.75 feet; thence
deflecting 00 degrees 31 minutes right and continuing along the centerline of
said township road a distance of 2,051.75 feet; thence easterly and parallel to
the south line of the Southwest Quarter of the Southeast Quarter of said
Section 7, a distance of 464 feet; thence South and parallel to the west line
of the Northeast Quarter of said Section 18, a distance of 3,198.00 feet, to
the south line of the Northeast Quarter of said Section 18, and the point of
beginning of the land to be described; thence return northerly, along the last
described course, a distance of 2,635 feet to the north line of said Northeast
Quarter; thence southwesterly, a distance of 999 feet, to a point on the west
line of said Northeast Quarter, distant 421.5 feet South of the northwest
corner of said Northeast Quarter, thence South along said west line, to the
southwest corner of said Northeast Quarter; thence East, along the south line
of said Northeast Quarter, a distance of 910 feet to the point of beginning.
(c) The
land was acquired in part with bonding appropriations. The exchange with the adjacent landowner will
provide additional wildlife acres and additional water frontage to the state.
Sec. 34. CONVEYANCE
OF SURPLUS STATE LAND; ACQUISITION; NICOLLET COUNTY.
Subdivision
1. Conveyance of surplus land.
(a) Notwithstanding Minnesota Statutes, sections 16B.281 to
16B.287, the commissioner of administration may upon recommendation of the commissioner
of human services, convey to the city of St. Peter for no consideration
the surplus land or any state interest in land that is described in paragraph
(c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The commissioner of administration may grant
utility easements for no consideration in conjunction with the conveyances
under this section.
(c) The
land to be sold is located in Nicollet County and is described as:
(1) all
that part of the following described parcel lying westerly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
Said parcel
described as follows:
That part
of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city of
Saint Peter, Nicollet County, Minnesota, described as:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet to the point of beginning; thence South 64 degrees 37 minutes 16
seconds East, a distance of 178.6 feet, more or less, to the centerline of
Freeman Drive, formerly the Saint Peter and Belgrade Road; thence northeasterly,
on said centerline, a distance of 98.3 feet, more or less, to the north line of
said Government Lot 6; thence South 89 degrees 30 minutes 18 seconds West, on
said north line; a distance of 220.5 feet, more or less, to the point of
beginning;
(2) all that
part of the following described parcel lying easterly of the westerly
right-of-way of Freeman Drive, formerly the Saint Peter and Belgrade Road.
Said parcel
described as follows:
That part
of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city of
Saint Peter, Nicollet County, Minnesota, described as:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet to the point of beginning; thence South 64 degrees 37 minutes 16
seconds East, a distance of 178.6 feet, more or less, to the centerline of
Freeman Drive, formerly the Saint Peter and Belgrade Road; thence
northeasterly, on said centerline, a distance of 98.3 feet, more or less, to
the north line of said Government Lot 6; thence South 89 degrees 30 minutes 18
seconds West, on said north line; a distance of 220.5 feet, more or less, to
the point of beginning; and
(3) that
part of the East 25.00 of a 150.00 foot wide railroad right-of-way acquired in
Book R page 338, in the Northeast Quarter of the Northeast Quarter of Section
29, Township 110 North, Range 26 West, city of Saint Peter, Nicollet County,
Minnesota, lying South of the southerly right-of-way line of Minnesota Trunk
Highway No. 99, per MN/DOT Right-of-Way Map 31-68 and North of the
following described line:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet; thence North 64 degrees 37 minutes 16 seconds West, a distance
of 86.15 feet; thence northwesterly 127.21 feet on a tangential curve to the
right, having a radius of 280.00 feet and a central angle of 26 degrees 01
minutes 59 seconds to the point of beginning of the line to be described;
thence continuing northwesterly 31.24 feet on said tangential curve to the
right, having a radius of 280.00 feet and a central angle of 06 degrees 23
minutes 34 seconds and there terminating.
(d) The
commissioner has determined that the land is no longer needed for any state
purpose and that the state's land management interests would best be served if
the land was conveyed to and used by the city of St. Peter.
Subd. 2. Acquisition
authority. (a)
Notwithstanding any law to the contrary, the commissioner of administration,
upon recommendation of the commissioner of human services, may acquire from the
city of St. Peter, without monetary consideration, land located in
Nicollet County, described as follows:
(1) that part
of the Northeast Quarter of the Northeast Quarter of Section 29, Township 110
North, Range 26 West, city of Saint Peter, Nicollet County, Minnesota:
Lying East
of the east line of the 150.007 foot wide railroad right-of-way acquired in
Book R page 338, in said Northeast Quarter of the Northeast Quarter of Section
29;
AND
Lying South
of the following described line:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet to the point of beginning; thence North 64 degrees 37 minutes 16
seconds West, a distance of 86.15 feet; thence northwesterly 127.21 feet on a
tangential curve to the right, having a radius of 280.00 feet and a central
angle of 26 degrees 01 minutes 51 seconds to the point of termination. Said point of termination being on the east
line of the previously referenced railroad right-of-way and there terminating;
and
(2) that
part of Government Lot 6 in Section 29, Township 110 North, Range 26 West, city
of Saint Peter, Nicollet County, Minnesota described as:
Commencing
at the northeast corner of said Section 29; thence South 00 degrees 29 minutes
46 seconds East, an assumed bearing on the east line of said Northeast Quarter,
a distance of 1317.06 feet to the southeast corner of the Northeast Quarter of
said Northeast Quarter; thence South 89 degrees 30 minutes 18 seconds West, on
the south line of said Northeast Quarter of the Northeast Quarter, a distance
of 918.73 feet; thence South 64 degrees 37 minutes 16 seconds East, a distance
of 179 feet, more or less, to the centerline of Freeman Drive, formerly the
Saint Peter and Belgrade Road, and the point of beginning; thence continuing
South 64 degrees 37 minutes 16 seconds East, a distance of 25.8 feet, more or
less, to the existing right-of-way of U.S. Highway No. 169, per Map 14-80;
thence southwesterly along said right-of-way a distance of 91.7 feet, more or
less, to the northerly line of a parcel recorded as Document No. 274882,
Nicollet County records; thence northwesterly along the northerly line of said
parcel a distance of 27.5 feet, more or less, to the centerline of said Freeman
Drive; thence northeasterly along said centerline a distance of 93.2 feet, more
or less, to the point of beginning.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to legal descriptions to correct errors and ensure accuracy.
Sec. 35. PUBLIC
SALE OF SURPLUS STATE LAND; NOBLES COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Nobles County and is described as:
(1) the
North 500 feet of the West 450 feet of the East 1,650 feet of the North Half of
the Northeast Quarter of Section 32, Township 102 North, Range 43 West, subject
to the public road running on the north line of said North Half of the
Northeast Quarter. Containing 4.83 acres,
more or less; and
(2) the
westerly 500 feet of the southerly 468.6 feet of the Southeast Quarter of the
Southeast Quarter of Section 17, Township 101 North, Range 43 West, subject to
the public road running on the south line of said Southeast Quarter of the
Southeast Quarter, containing 5.00 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 36. CONVEYANCE
OF SURPLUS STATE LAND; OLMSTED COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 to 94.16, the commissioner
of natural resources shall convey to the city of Oronoco for no consideration
the surplus land that is described in paragraph (c).
(b) The
conveyance shall occur upon the operation of the reversion clause contained in
the deed for the land described in paragraph (c) in accordance with Minnesota
Statutes 1965, section 85.188, and after the passage of resolutions by the
Olmsted County Board and the Oronoco City Council, each acknowledging that the
requirements set forth in the Agreement for Transfer of Oronoco Park in the
City of Oronoco to the City of Oronoco by Olmsted County have been sufficiently
met to proceed with the conveyance. The
conveyance must be in a form approved by the attorney general, the Olmsted
County Board, and the Oronoco City Council.
The conveyance must provide that the land reverts to the state if the
city of Oronoco fails to maintain and operate the land as a public park. The attorney general may make changes to the land
description to correct errors and ensure accuracy.
(c) The
land to be conveyed is located in Olmsted County and is described as:
(1) the
East Half of the West Half of the Southeast Quarter of the Southeast Quarter,
Section 7, Township 108 North, Range 14 West, subject to flowage rights in
favor of Olmsted County; and
(2) the East Half of the Southeast Quarter of the
Southeast Quarter, Section 7, Township 108 North, Range 14 West.
(d) The
land is currently owned by Olmsted County and used as a public park, having
been conveyed by the state according to Laws 1965, chapter 810, section 9. The 1965 law and the corresponding conveyance
document require reversion to the state if the county stops operating the land
as a public park. Olmsted County no
longer wishes to operate the public park, but the city of Oronoco has agreed to
pay consideration to Olmsted County to continue the park operation. The commissioner has determined that the
state's land management interests would best be served if, upon the land's
reversion to the state, the land was conveyed to and used by the city of
Oronoco as a public park.
Sec. 37. PRIVATE
SALE OF TAX-FORFEITED LAND; PINE COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, Pine County may sell by private sale the
tax-forfeited land described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c) The
land to be sold is located in Pine County and is described as: the East 132 feet of the Northeast Quarter of
the Southeast Quarter of Section 11, Township 42 North, Range 17 West, Wilma
Township, Pine County, Minnesota, subject to a public road easement over,
under, and across the West 66 feet thereof, and the East 132 feet of the
Southeast Quarter of the Northeast Quarter of Section 11, Township 42 North,
Range 17 West, Wilma Township, Pine County, Minnesota, subject to a public road
easement over, under, and across the West 66 feet thereof.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership. The county will be able to access adjacent
tax-forfeited property by the public road easement.
Sec. 38. PUBLIC
SALE OF SURPLUS STATE LAND; PIPESTONE COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Pipestone County and is described as: that part of the South Half of the Northwest
Quarter of Section 27, Township 107 North, Range 45 West, described as follows:
From the
intersection of the east and west quarter line of said Section 27 with the
southeasterly right-of-way line of Trunk Highway 39 as same is now located and
established over and across said tract; run East along said east and west
quarter line for a distance of 1,037 feet; thence deflect to the left at an
angle of 90 degrees 00 minutes for a distance of 540 feet to the point of
beginning; thence deflect to the right at an angle of 90 degrees 00 minutes for
a distance of 125 feet; thence deflect to the left at an angle of 90 degrees 00
minutes for a distance of 249 feet; thence deflect to the left at an angle of
90 degrees 00 minutes for a distance of 350 feet; thence deflect to the left at
an angle of 90 degrees 00 minutes for a distance of 249 feet; thence deflect to
the left at an angle of 90 degrees 00 minutes for a distance of 225 feet to the
point of beginning;
Together
with all that part of the following described tract:
That part
of the Southwest Quarter of the Northwest Quarter of Section 27, Township 107
North, Range 45 West, described as follows:
Beginning at the intersection of the east and west quarter line of said
Section 27 with the southeasterly right-of-way line of Trunk Highway 39, as
same is now located and established over and across said tract; thence run East
along said east and west quarter line for a distance of 1,037 feet; thence
deflect to the left at an angle of 90 degrees 00 minutes for a distance of 540
feet; thence deflect to the left at an angle of 90 degrees 00 minutes for a
distance of 577 feet to the southeasterly right-of-way line of said Trunk
Highway 39; thence run southeasterly along said right-of-way line to the point
of beginning.
Which lies
southeasterly of a line run parallel with and distant 100 feet southeasterly of
the following described line:
Beginning
at a point on the west line of Section 33, Township 107 North, Range 45 West,
distant 1,623.8 feet North of the southwest corner thereof; thence run
northeasterly at an angle of 39 degrees 49 minutes with said section line for
2,631.4 feet; thence deflect to the right on a 0 degree 30 minute curve (delta
angle 4 degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve
for 27.9 feet; thence deflect to the left on a 0 degree 30 minute curve (delta
angle 4 degrees 52 minutes) for 973.3 feet; thence on a tangent to said curve
for 6,129.0 feet and there terminating.
Containing
11.36 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 39. PUBLIC
SALE OF SURPLUS STATE LAND BORDERING PUBLIC WATER; ROSEAU COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 92.45, the commissioner of natural
resources may sell by public sale the surplus land bordering public water that
is described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Roseau County and is described as: Government Lot 9, Section 30, Township 163
North, Range 36 West, containing 0.15 acres, more or less.
(d) The
land borders the Warroad River and is not contiguous to other state lands. The Department of Natural Resources has
determined that the land is not needed for natural resource purposes.
Sec. 40. PUBLIC
OR PRIVATE SALE OF CONSOLIDATED CONSERVATION LAND; ROSEAU COUNTY.
(a)
Notwithstanding the classification and public sale provisions of Minnesota Statutes,
chapters 84A and 282, Roseau County may sell by public or private sale the
consolidated conservation lands that are described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy. The consideration for the conveyance must be
for no less than the appraised value of the land and timber and survey costs. Proceeds shall be disposed of according to
Minnesota Statutes, chapter 84A.
(c) The
land that may be sold is located in Roseau County and is described as:
(1) that
part of Government Lot 1, Section 4, Township 162 North, Range 36 West, lying
southwesterly of the southwesterly right-of-way of the Canadian National
Railway. Subject to the right-of-way of
State Highway 11. Contains 0.75 acres,
more or less; and
(2) the
South Half of the South Half of the Southeast Quarter of the Northwest Quarter,
Section 34, Township 159 North, Range 39 West, containing 10 acres, more or
less.
(d) The
lands are not contiguous to other state lands.
The Department of Natural Resources has determined that the land is not
needed for natural resource purposes.
Sec. 41. PRIVATE
SALE OF TAX-FORFEITED LAND; ROSEAU COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, Roseau County may sell by private sale the
tax-forfeited land described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c) The
land to be sold is located in Roseau County and is described as: the Northwest Quarter of the Northeast
Quarter and the Southeast Quarter of the Southeast Quarter, Section 20,
Township 163, Range 36.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 42. PRIVATE
SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale
the tax-forfeited land described in paragraph (c).
(b) The conveyances
must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The
land to be sold is located in St. Louis County and is described as:
(1) Lot 90,
Block 75, Duluth Proper Third Division, except the West six feet of the South
50 feet of the West Half, Section 28, Township 50 North, Range 14 West;
(2) the
northerly 100 feet of the Southwest Quarter of the Southwest Quarter, except
the westerly 233 feet, and except the easterly 1,037 feet, Section 14, Township
51 North, Range 13 West;
(3) the
South 150 feet of the Northeast Quarter of the Southeast Quarter, Section 5,
Township 55 North, Range 18 West;
(4) the
West 33 feet of the North 208 feet of the South 1,040 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(5) the
North 45.27 feet of the South 1,085.27 feet of the West 449 feet of the
Northwest Quarter of the Northeast Quarter, Section 7, Township 60 North, Range
13 West;
(6) the
West 33 feet of the North 208 feet of the South 832 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(7) the
West 33 feet of the North 208 feet of the South 624 feet of the Northwest
Quarter of the Northeast Quarter, Section 7, Township 60 North, Range 13 West;
(8) the
West 33 feet of the South 416 feet of the Northwest Quarter of the Northeast
Quarter, Section 7, Township 60 North, Range 13 West; and
(9) part of
the South Half of the Southwest Quarter, Section 20, Township 58 North, Range
15 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 43. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) Lot 4,
Block 4, Greenwood Beach, town of Duluth, Section 19, Township 51 North, Range
12 West;
(2) beginning
at the southwest corner of Lot 4, running thence East 450 feet; thence North
200 feet; thence West 450 feet; thence South along the section line 200 feet to
the point of beginning, except the northerly 40 feet, Section 7, Township 54
North, Range 19 West;
(3) the
South 560 feet of the East 300 feet of the Northeast Quarter of the Southeast
Quarter, except the highway right-of-way and except the North 315 feet, Section
22, Township 61 North, Range 20 West;
(4) an
undivided 1/24 interest in the Southeast Quarter of the Northwest Quarter,
Section 8, Township 50 North, Range 18 West;
(5) an
undivided 2/15 interest in the Southwest Quarter of the Northwest Quarter,
Section 20, Township 50 North, Range 18 West;
(6) an
undivided 1/3 interest in the Southwest Quarter of the Southeast Quarter,
Section 21, Township 50 North, Range 18 West;
(7) an
undivided 1/45 interest in the Northeast Quarter of the Southeast Quarter,
Section 29, Township 50 North, Range 18 West;
(8) an
undivided 1/12 interest in the Northeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
(9) an
undivided 1/12 interest in the Southeast Quarter of the Northwest Quarter,
Section 25, Township 50 North, Range 19 West;
(10) an
undivided 1369/68040 interest in Lot 8, except the railway right-of-way,
Section 28, Township 51 North, Range 18 West; and
(11) that
part of the Southeast Quarter of the Northeast Quarter of Section 10, Township
63 North, Range 18 West, St. Louis County, Minnesota, described as follows:
Assuming the
northeast line of Lot 9 in the plat of MANNIKKO (PINE RIDGE) to bear North 54
degrees 11 minutes 00 seconds West, and COMMENCING from the most northerly
corner of said Lot 9 run North 28 degrees 12 minutes 30 seconds East, a
distance of 107.39 feet; thence South 28 degrees 12 minutes 30 seconds West, a
distance of 28.19 feet; thence South 86 degrees 24 minutes 10 seconds West, a
distance of 82.17 feet; thence South
77 degrees
07 minutes 31 seconds West, a distance of 77.70 feet; thence South 82 degrees
40 minutes 33 seconds West, a distance of 83.09 feet; thence South 71 degrees
26 minutes 45 seconds West, a distance of 190.55 feet; thence North 70 degrees
55 minutes 26 seconds West, a distance of 76.14 feet to a point on a
nontangential curve, the center of which bears North 35 degrees 10 minutes 49
seconds West, being also a point on the east right-of-way of "Phillips
Road" as it exists in January of 1995; thence northerly along said east
right-of-way, on said nontangential curve, concave to the West, central angle
of 88 degrees 57 minutes 37 seconds, radius of 90.00 feet, a distance of 139.74
feet; thence North 34 degrees 08 minutes 26 seconds west, along said east
right-of-way, a distance of 105.00 feet to a tangential curve; thence northerly
along said east right-of-way on said tangential curve, concave to the East,
central angle 69 degrees 38 minutes 31 seconds, radius 68.00 feet, a distance
of 82.65 feet to a point of reverse curve; thence northerly along said east
right-of-way, on said reverse curve, concave to the West, central angle of 18
degrees, more or less, radius of 116.25 feet, a distance of 36.5 feet, more or
less, to the south line of said Southeast Quarter of the Northeast Quarter and
the POINT OF BEGINNING of the land being described; thence northerly,
continuing along said curve, a distance of 96.2 feet; thence North 29 degrees
54 minutes 20 seconds West, tangent to said curve and along said east
right-of-way, a distance of 16.32 feet; thence South 89 degrees 42 minutes 44 seconds
East, a distance of 943.3 feet, more or less, to the east line of said
Southeast Quarter of the Northeast Quarter; thence southerly, along said east
line, a distance of 30 feet, more or less, to the shore of Lake Vermilion;
thence southerly, along said shore, a distance of 100 feet, more or less, to
the south line of said Southeast Quarter of the Northeast Quarter; thence
westerly, along said south line, a distance of 880 feet, more or less, to the
POINT OF BEGINNING. Containing 2.5
acres, more or less.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 44. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, St. Louis
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given
the location of property lines, on each side of the centerline of the
designated trout stream to provide riparian protection and angler access.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) Lot 22,
Block 1, Wonderland 1st Addition, town of Duluth, except the highway
right-of-way and including part of the adjacent vacated road, Section 17,
Township 51 North, Range 12 West; and
(2) that
part of the southerly 135 feet of the northerly 543 feet of the Northwest
Quarter of the Southwest Quarter lying East of the westerly 968 feet and West
of the Sucker River, Section 30, Township 52 North, Range 12 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 45. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis
County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy.
(c) The
land to be sold is located in St. Louis County and is described as:
(1) the
East Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West, subject to an existing
easement;
(2) the
North 407 feet of that part of Lot 4 lying South of the east and west
centerline of Section 20, Section 20, Township 51 North, Range 16 West;
(3) Lots 1,
2, and 3, Childs Birch Grove Tracts, Grand Lake, Section 20, Township 51 North,
Range 16 West;
(4) Lots 28 and 29, Briar Lake Shores 3rd Addition, North Star, Section
15, Township 53 North, Range 13 West; and
(5) the East Half of the Southeast Quarter of the Northwest Quarter,
Section 26, Township 60 North, Range 17 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 46. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis
County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37. The easements
shall be up to 200 feet in width, lying 100 feet, to the extent possible given
the location of property lines, on each side of the centerline of the
designated trout stream to provide riparian protection and angler access. For the parcels described in paragraph (c),
clauses (6) and (7), a 33-foot strip across the easement shall be allowed for
road access and utilities.
(c) The
land to be sold is located in St. Louis County and is described as:
(1) the
Southwest Quarter of the Southeast Quarter, except 4.56 acres for a road and
except that part lying South and West of Highway 2, Section 8, Township 50
North, Range 16 West;
(2) the
East Half of the Northeast Quarter of the Northwest Quarter, except the railway
right-of-way and except the highway right-of-way, Section 17, Township 51
North, Range 12 West;
(3) the
West Half of the Northwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
(4) the West
Half of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter, Section 25, Township 51 North, Range 14 West;
(5) the
West five acres of the South 15 acres of the North 30 acres of the Northeast
Quarter of the Southeast Quarter, Section 27, Township 51 North, Range 14 West;
(6) the East
Half of the Southeast Quarter of the Southeast Quarter of the Northwest
Quarter, Section 27, Township 51 North, Range 14 West; and
(7) the East
Half of the Northwest Quarter of the Southeast Quarter of the Northwest
Quarter, except the West 25 feet, Section 27, Township 51 North, Range 14 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 47. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis
County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37. The easements
shall be 150 feet in width, lying 75 feet on each side of the centerline of the
stream to provide riparian protection and angler access. For the parcel described in paragraph (c),
clause (4), a 33-foot strip across the easement shall be allowed for road
access and utilities.
(c) The land
to be sold is located in St. Louis County and is described as:
(1) the
Northwest Quarter of the Southeast Quarter, except the North Half, Section 15,
Township 50 North, Range 15 West;
(2) the
Southeast Quarter of the Northeast Quarter, Section 19, Township 53 North,
Range 20 West;
(3) the
westerly 330 feet of the South Half of the Northwest Quarter of the Southwest
Quarter, Section 11, Township 56 North, Range 20 West; and
(4) the
Southwest Quarter of the Southwest Quarter, except the South Half of the
Southwest Quarter of the Southwest Quarter and except the North ten acres,
Section 34, Township 50 North, Range 15 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 48. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis
County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The
conveyances must be in a form approved by the attorney general. The attorney general may make changes to the
land descriptions to correct errors and ensure accuracy. Prior to the sales, the commissioner of
revenue shall grant permanent conservation easements according to Minnesota
Statutes, section 282.37. For the parcel
described in paragraph (c), clause (1), the easement must be 100 feet in width
from the centerline of the designated trout stream to provide riparian
protection and angler access. For the
parcel described in paragraph (c), clause (2), the easement must be 200 feet in
width from the centerline of the stream to provide riparian protection and
angler access.
(c) The
land to be sold is located in St. Louis County and is described as:
(1) Lots 511 through 515, Homecroft Park, town of Rice Lake, Section 34,
Township 51 North, Range 14 West; and
(2) that
part of the Lot 2 lying East of a line parallel with and 150 feet East of the
centerline of the Duluth, Missabe and Iron Range Railway, Section 17, Township
51 North, Range 17 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 49. PUBLIC
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, St. Louis
County may sell the tax-forfeited land bordering public water that is described
in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter
282.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy. The conveyance must include a deed
restriction that prohibits buildings, structures, tree cutting, removal of
vegetation, and shoreland alterations within an area 100 feet in width, lying
50 feet on each side of the centerline of streams that are tributaries to the
Sand River.
(c) The
land to be sold is located in St. Louis County and is described as: the North 416 feet of the East 416 feet of
the Southwest Quarter of the Southwest Quarter, Section 10, Township 59 North,
Range 17 West.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 50. PRIVATE
SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.
(a)
Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282,
or other law to the contrary, St. Louis County may sell by private sale
the tax-forfeited land described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c) The
land to be sold is located in St. Louis County and is adjacent to a parcel
described as: that part of the Northeast
Quarter of the Southwest Quarter beginning on the east line at the southerly
road right-of-way; thence southerly along the east line 760.07 feet; thence
South 89 degrees 3 minutes 23 seconds West 290 feet; thence North 1 degree 12
minutes 54 seconds East 764.79 feet; thence East along the southerly road
right-of-way 290 feet to the point of beginning, Section 20, Township 58 North,
Range 15 West. St. Louis County
shall sell an adjoining amount of land, determined by the county to rectify an
inadvertent trespass. The sale will
ensure that the buildings causing the inadvertent trespass will meet all
setback requirements.
(d) The
county has determined that the county's land management interests would best be
served if the lands were returned to private ownership.
Sec. 51. PUBLIC
SALE OF SURPLUS STATE LAND; WADENA COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Wadena County and is described as: the Southwest Quarter of the Southeast
Quarter of Section 28, Township 138 North, Range 33 West, containing 40 acres,
more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 52. PRIVATE
SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c).
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Washington County and is described as:
(1) that
part of the Northwest Quarter of the Northwest Quarter of Section 19, Township
32, Range 21, lying South of the centerline of Highway 97; and
(2) that
part of the Southwest Quarter of Section 19, Township 32 North, Range 21 West,
Washington County, Minnesota, described as follows: beginning at the southwest corner of said
Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes
33 seconds East along the south line of said Southwest Quarter 1555.59 feet;
thence North 11 degrees 40 minutes 58 seconds East 720.70 feet; thence North 53
degrees 20 minutes 40 seconds West 436.77 feet; thence North 45 degrees 10
minutes 18 seconds West 222.72 feet to the southerly boundary of the recorded
plat of BASSWOOD ESTATES, on file and of record in the Office of the County
Recorder; thence westerly along the southerly boundary of said BASSWOOD ESTATES
to the southwesterly corner thereof; thence northerly along the westerly
boundary of said BASSWOOD ESTATES to the most northerly corner of Lot 2 of Block
3 of said BASSWOOD ESTATES; thence westerly to a point on the west line of said
Southwest Quarter 407.50 feet southerly of the northwest corner of said
Southwest Quarter; thence South 00 degrees 23 minutes 19 seconds East along the
west line of said Southwest Quarter 2238.63 feet to the point of beginning.
These
parcels contain 57.2 acres, more or less.
(d) The
Department of Natural Resources has determined that the state's land management
interests would best be served if the land was conveyed to a local unit of
government. A local unit of government
would like to use these parcels as wetland mitigation sites.
Sec. 53. PRIVATE
SALE OF SURPLUS STATE LAND; WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale the surplus land that is
described in paragraph (c). Notwithstanding
Minnesota Statutes, section 86A.055, the commissioner of natural resources may
sell the surplus land described in paragraph (c) and direct the net proceeds to
the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Washington County and is described as: the West 750 feet of the East 1,130.6 feet of
the North 786.72 feet of the Northwest Quarter of the Northeast Quarter of
Section 15, Township 29 North, Range 20 West, containing 13.5 acres, more or
less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes. The state's
land management interests would best be served if the land was sold to an
adjacent landowner, as the property described in paragraph (c) does not have
legal access to a public road.
Sec. 54. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general for the fair
market value of the land. The attorney
general may make changes to the land description to correct errors and ensure
accuracy.
(c) The
land to be sold is located in Washington County and is described as:
(1) Parcel
A (PIN 29.031.19.22.0001): Section 29,
Township 31, Range 19, Government Lot 5;
(2) Parcel
B (PIN 20.031.19.22.0001): Section 20,
Township 31, Range 19, Government Lot 5;
(3) Parcel
C (PIN 17.031.19.32.0001): Section 17,
Township 31, Range 19, Government Lot 4;
(4) Parcel
D (PIN 18.032.19.11.0001): Section 18,
Township 32, Range 19, Government Lot 2; and
(5) Parcel
E (PIN 18.032.19.14.0001): Section 18,
Township 32, Range 19, Government Lot 3.
(d) The
county has determined that the county's land management interests would best be
served if the lands were sold to the United States of America and managed by
the National Park Service.
Sec. 55. PRIVATE
SALE OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.
(a)
Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1,
and the public sale provisions of Minnesota Statutes, chapter 282, Washington
County may sell by private sale the tax-forfeited land bordering public water
that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make changes to the
land description to correct errors and ensure accuracy.
(c) The
land to be sold is located in Washington County and is described as: Parcel A (PIN 09.032.21.43.0070): Lot 8, Block 3, excepting therefrom the East
200 feet thereof of Skoglund's Park Addition, as surveyed and platted and now
on file and of record in the Office of the Registrar of Titles of said County
of Washington, State of Minnesota.
(d) The
sale would be to an adjacent landowner and the Department of Natural Resources
has determined that the land is not appropriate for the department to manage. The county may split the parcel described in
paragraph (c), as allowed in Minnesota Statutes, section 282.01, and sell the
resulting parcels if the county finds a split to be advantageous for the
purpose of sale.
Sec. 56. PUBLIC
SALE OF SURPLUS STATE LAND; WILKIN COUNTY.
(a)
Notwithstanding Minnesota Statutes, section 86A.055, the commissioner of
natural resources may sell by public sale the surplus land described in
paragraph (c) and direct the net proceeds to the general fund.
(b) The
conveyance must be in a form approved by the attorney general. The attorney general may make necessary
changes to the legal description to correct errors and ensure accuracy.
(c) The
land that may be sold is located in Wilkin County and is described as: that part of the West Half of the Northeast
Quarter of Section 11, Township 136 North, Range 48 West, described as follows:
Beginning
at a point on the north and south quarter line of said Section 11, distant
1,470 feet North of the center thereof; thence run southerly along said north
and south quarter line for a distance of 700 feet; thence deflect to the left
at an angle of 90 degrees 00 minutes for 150 feet; thence deflect to the left
at an angle of 90 degrees 00 minutes for 700 feet; thence deflect to the left
on an angle of 90 degrees 00 minutes for 150 feet to the point of beginning.
Together
with the westerly 33 feet of the southerly 770 feet of the Southwest Quarter of
the Northeast Quarter of said Section 11, to be used for road purposes.
Containing
3.00 acres, more or less.
(d) The
Department of Natural Resources has determined that the land is not needed for
natural resource purposes.
Sec. 57. CONVEYANCE
OF DRAINAGE DISTRICT LAND; WINONA COUNTY.
The
Rushford Area Drainage and Conservancy District, established by order of the
Tenth Judicial District Court on February 20, 1953, was terminated on January
1, 1988, by Laws 1987, chapter 239, section 140. The land that was owned by the Rushford Area
Drainage and Conservancy District in Winona County is now owned by the state of
Minnesota and is hereby transferred to the commissioner of natural resources
for administration and management for conservation purposes.
Sec. 58. EFFECTIVE
DATE.
Sections 13
to 57 are effective the day following final enactment."
Delete the
title and insert:
"A
bill for an act relating to natural resources; 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; modifying method of determining
value of acquired stream easements; providing for designation of certain state
forest boundaries; modifying state forest acquisition provisions; permitting
the exchange of riparian lands within the Boundary Waters Canoe Area
Wilderness; establishing a moratorium on public access development for public
waters without a public access; adding to and deleting from state parks and
state forests; providing for disposition of certain proceeds; authorizing and
modifying public and private sales,
conveyances,
and exchanges of certain state land; amending Minnesota Statutes 2008, sections
17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3;
17.4994; 84.0272, subdivision 2; 84.942, subdivision 1; 84D.03, subdivision 3;
84D.11, subdivision 2a; 85.012, subdivision 40; 89.021, by adding a
subdivision; 89.032, subdivision 2; 94.342, by adding a subdivision; 97A.015,
subdivision 52; 97A.101, subdivision 3; 97A.141, subdivision 1; 97A.311,
subdivision 5; 97A.331, subdivision 4; 97A.345; 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.015,
subdivision 5a; 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; Laws 2009, chapter 176, article
4, section 9; 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."
The motion prevailed and the amendment was
adopted.
Koenen, Rukavina, Westrom, Falk, Eken,
Faust, Zellers, Hoppe, Otremba, Juhnke and Anderson, P., offered an amendment
to S. F. No. 2900, the third engrossment, as amended.
POINT OF ORDER
Hortman raised a point of order pursuant
to rule 3.21 that the Koenen et al amendment was not in order. Speaker pro tempore Juhnke ruled the point of
order well taken and the Koenen et al amendment out of order.
Brod appealed the decision of Speaker pro
tempore Juhnke.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Juhnke stand as the judgment of
the House?" and the roll was called.
There were 77 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Dittrich
Doty
Emmer
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Doepke
Downey
Drazkowski
Eastlund
Eken
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hoppe
Howes
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Thao
Torkelson
Urdahl
Westrom
Zellers
So it was the judgment of the House that
the decision of Speaker pro tempore Juhnke should stand.
Falk, Dill,
Howes, Sailer, Doty, Anzelc, Olin, Koenen and Eken moved to amend S. F. No. 2900,
the third engrossment, as amended, as follows:
Page 15,
after line 21, insert:
"Sec. 34. Minnesota Statutes 2008, section 97B.667, is
amended to read:
97B.667 REMOVAL OF BEAVERS, BEAVER DAMS, AND LODGES BY ROAD
AUTHORITIES.
When a
drainage watercourse is impaired by a beaver dam and the water damages or
threatens to damage a public road, the road authority, as defined in section
160.02, subdivision 25, may remove the impairment and any associated beaver
lodge within 300 feet of the road. Notwithstanding
any law to the contrary, the road authority may remove or kill or arrange to
have removed or killed by any lawful means a beaver associated with the lodge. A road authority that kills or arranges to
have killed a beaver under this section must notify a conservation officer or
employee of the Wildlife Division within ten days after the animal is killed. A road authority may, after consultation with
the Wildlife Division and the Board of Water and Soil Resources, implement a
local beaver control program designed to reduce the number of incidents of
beaver interfering with or damaging a public road. The local control program may include the
offering of a bounty for the lawful taking of beaver."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Drazkowski moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 21,
after line 13, insert:
"Sec. 5. [94.015]
NO NET GAIN OF STATE-OWNED LAND.
No state
department or agency may acquire a fee title interest in land by gift,
purchase, or eminent domain if the acquisition results in a net gain of land
owned by the state, according to the inventory of state-owned land maintained
under section 16B.245."
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 Drazkowski
amendment and the roll was called. There
were 30 yeas and 99 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Holberg
Kelly
Kiffmeyer
Kohls
Lanning
Mack
Nornes
Olin
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
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
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Thao moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 12,
after line 21, insert:
"Sec. 27. [97B.037]
SPEAR HUNTING DURING BIG GAME FIREARM SEASONS.
A person may
take big game by spear during the respective big game firearm season. A person taking big game by spear under this
section must have a valid firearms license to take the respective big game."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
Huntley moved to amend the Thao amendment
to S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 1, line 4, after "SPEAR" insert "OR AX"
Page 1, line 6, after "spear"
insert "or ax"
Page 1, line 7, after "spear"
insert "or ax"
The motion prevailed and the amendment to
the amendment was adopted.
The question recurred on the Thao
amendment, as amended, to S. F. No. 2900, the third engrossment,
as amended. The motion prevailed and the
amendment, as amended, was adopted.
Dittrich
and Abeler moved to amend S. F. No. 2900, the third engrossment,
as amended, as follows:
Page 19,
after line 12, insert:
"Sec. 45. Minnesota Statutes 2009 Supplement, section
97C.395, subdivision 1, is amended to read:
Subdivision
1. Dates
for certain species. (a) The open
seasons to take fish by angling are as follows:
(1) for
walleye, sauger, northern pike, muskellunge, largemouth bass, and smallmouth
bass, the Saturday two weeks prior to the Saturday of Memorial Day weekend to
the last Sunday in February;
(2) for
lake trout, from January 1 to October 31;
(3) for the
winter season for lake trout on all lakes located outside or partially within
the Boundary Waters Canoe Area, from January 15 to March 31;
(4) for the
winter season for lake trout on all lakes located entirely within the Boundary
Waters Canoe Area, from January 1 to March 31;
(5) for
brown trout, brook trout, rainbow trout, and splake, between January 1 to
October 31 as prescribed by the commissioner by rule except as provided in
section 97C.415, subdivision 2;
(6) for the
winter season for brown trout, brook trout, rainbow trout, and splake on all
lakes, from January 15 to March 31; and
(7) for
salmon, as prescribed by the commissioner by rule.
(b) The
commissioner shall close the season in areas of the state where fish are
spawning and closing the season will protect the resource.
(c) The
commissioner shall close the season for taking smallmouth bass until the Monday
following the third Sunday in June each year in the following areas:
(1) that
part of the Rum River from the city of Anoka dam to the confluence with the
Mississippi River;
(2) that
part of Elm Creek below the Mill Pond Falls to the confluence with the
Mississippi River;
(3) that
part of the Mississippi River within 100 yards both upstream and downstream of
the shoreline of Elm Creek at its confluence with the Mississippi River; and
(4) that
part of the Mississippi River from the Coon Rapids Dam to State Highway No. 610."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Drazkowski moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 27,
after line 8, insert:
"Sec. 13. SALE
OF AGRICULTURAL LEASED LANDS.
Notwithstanding
any other law to the contrary, the commissioner of natural resources shall sell
all state-owned lands with active agricultural leases, and deposit the amount
that exceeds the actual expenses of selling the land in the general fund unless
otherwise prohibited under the Minnesota Constitution, article XI, section 8 or
10. The parcels shall be sold no later
than July 1, 2011. Parcels within the
boundaries of a state park or scientific and natural area are excepted from
this section."
Page 60,
line 24, delete "57" and insert "58"
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the
amendment was not adopted.
Drazkowski moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 60,
after line 22, insert:
"Sec. 58. LAND
REPORT.
On or before
January 2, 2011, the commissioner of natural resources shall submit a report to
the chairs and ranking minority members of the environment committees in both
the house of representatives and senate outlining the annual net increases or
decreases in state land ownership. The
report must include land statistics for years 2001 through 2010. The cost for the report must be paid out of
the agency's operating budget."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the
amendment was not adopted.
McNamara moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 19,
delete section 47
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the
amendment was not adopted.
Johnson was excused between the hours of
5:05 p.m. and 8:35 p.m.
Dill moved
to amend S. F. No. 2900, the third engrossment, as amended, as
follows:
Page 19,
after line 23, insert:
"Sec. 47. SPECIAL
REGULATIONS; FISH LAKE RESERVOIR; ST. LOUIS COUNTY.
By March 1,
2011, the commissioner of natural resources shall adopt special regulations for
Fish Lake Reservoir in St. Louis County under Minnesota Statutes, section
97C.005. The special regulations shall
be effective beginning with the 2011 fishing season."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Torkelson
and Urdahl moved to amend S. F. No. 2900, the third engrossment,
as amended, as follows:
Page 60,
after line 22, insert:
"Sec. 58. FORT
RIDGELY OFFICE BUILDING.
The
Department of Natural Resources is prohibited from constructing or relocating
an office building within the confines of Fort Ridgely until July 2, 2012."
Page 60,
line 23, delete "58" and insert "59"
Page 60,
after line 37, after the semicolon, insert "prohibiting construction or
relocation of certain buildings;"
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion did not prevail and the
amendment was not adopted.
MOTION FOR RECONSIDERATION
Carlson moved that the vote whereby the
Thao amendment, as amended by the Huntley amendment, to
S. F. No. 2900, the third engrossment, as amended, was adopted
earlier today be now reconsidered. The
motion prevailed.
The Thao amendment, as amended by the
Huntley amendment, to S. F. No. 2900, the third engrossment, as
amended, was again before the House.
MOTION FOR RECONSIDERATION
Carlson moved that the vote whereby the
Huntley amendment to the Thao amendment to S. F. No. 2900, the
third engrossment, as amended, was adopted earlier today be now
reconsidered. The motion prevailed.
The Huntley amendment to the Thao
amendment to S. F. No. 2900, the third engrossment, as amended,
was again reported to the House and reads as follows:
Page 1, line 4, after "SPEAR" insert "OR AX"
Page 1, line 6, after "spear"
insert "or ax"
Page 1, line 7, after "spear"
insert "or ax"
The motion did not prevail and the
amendment to the amendment was not adopted.
The Thao amendment to
S. F. No. 2900, the third engrossment, as amended, was again
reported to the House and reads as follows:
Page 12,
after line 21, insert:
"Sec. 27. [97B.037]
SPEAR HUNTING DURING BIG GAME FIREARM SEASONS.
A person
may take big game by spear during the respective big game firearm season. A person taking big game by spear under this
section must have a valid firearms license to take the respective big game."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
MOTION TO LAY ON THE TABLE
Kohls moved that S. F. No. 2900,
as amended, be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Kohls motion and the roll was
called. There were 39 yeas and 92 nays
as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Hamilton
Holberg
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hackbarth
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
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
Spk. Kelliher
The motion did not prevail.
The question recurred on the Thao amendment to
S. F. No. 2900, the third engrossment, as amended. The motion prevailed and the amendment was
adopted.
S. F. No. 2900, A bill for an act relating to
natural resources; modifying aquaculture provisions; modifying disposal
restrictions for certain livestock taken by wild animals; modifying provisions
for taking, possessing, and transporting wild animals; modifying requirements
for fish and wildlife management plans; modifying game and fish provisions;
modifying game and fish license requirements and fees for youths; increasing
certain fishing license fees; modifying certain requirements for invasive
species control; modifying certain administrative accounts; modifying
electronic transaction provisions; providing for certain registration
exemptions; modifying all-terrain vehicle definitions; modifying all-terrain
vehicle operation restrictions; modifying state trails and canoe and boating
routes; modifying fees and disposition of certain receipts; modifying certain
competitive bidding exemptions; modifying horse trail pass provisions;
modifying beaver dam provisions; modifying the Water Law; modifying nongame
wildlife check offs; modifying method of determining value of acquired stream
easements; providing for certain historic property exemption; modifying adding
to and deleting from state parks and state forests; authorizing public and
private sales, conveyances, and exchanges of certain state land; providing
exemptions from rulemaking and requiring rulemaking; providing criminal
penalties; appropriating money; amending Minnesota Statutes 2008, sections
17.4982, subdivision 12, by adding a subdivision; 17.4991, subdivision 3;
17.4994; 35.82, subdivision 2; 84.025, subdivision 9; 84.027, subdivision 15;
84.0272, subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3, by
adding a subdivision; 84.92,
subdivisions 9, 10; 84.922, subdivision 5, by adding a subdivision; 84.925,
subdivision 1; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.13,
subdivision 3; 85.012, subdivision 40; 85.015, subdivision 14; 85.22,
subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as amended; 86B.101; 89.032,
subdivision 2; 97A.015, subdivision 52, by adding a subdivision; 97A.055,
subdivision 4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311,
subdivision 5; 97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4,
6, by adding a subdivision; 97A.421, subdivision 4a, by adding a subdivision;
97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision
5; 97A.451, subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535,
subdivision 2a; 97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision
1; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a
subdivision; 97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301,
subdivisions 3, 6; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601,
subdivision 4; 97B.665, subdivision 2; 97B.711, by adding a subdivision;
97B.803; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341;
103A.305; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision
6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5;
290.431; 290.432; Minnesota Statutes 2009 Supplement, sections 84.928,
subdivision 1; 84.95, subdivision 2; 85.015, subdivision 13; 86A.09,
subdivision 1; 97A.075, subdivision 1; 97A.445, subdivision 1a; 97A.451,
subdivision 2; 97A.475, subdivisions 2, 3; 97B.055, subdivision 3; 97C.395,
subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
amended; Laws 2009, chapter 176, article 4, section 9; proposing coding for new
law in Minnesota Statutes, chapters 17; 84D; 85; 97B; 97C; 103G; repealing
Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8;
84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97A.451, subdivisions 3a,
4; 97A.485, subdivision 12; 97B.022, subdivision 1; 97B.511; 97B.515,
subdivision 3; 97B.665, subdivision 1; 97C.346; 103G.295; 103G.650; Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws
2009, chapter 172, article 5, section 8.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 121 yeas and 10 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
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Sanders
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Buesgens
Emmer
Greiling
Hausman
Lenczewski
Norton
Peppin
Ruud
Scalze
Scott
The bill was passed, as amended, and its
title agreed to.
Pursuant to rule 1.22, Solberg requested immediate
consideration of S. F. No. 3361.
S. F. No. 3361 was reported
to the House.
Jackson moved to amend
S. F. No. 3361, the first engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 3786, the
first engrossment:
"Section 1. [513.73] DEFINITIONS.
Subdivision 1.
Application. As used in sections 513.73 to 513.76,
the following terms have the meanings given in this section.
Subd. 2.
Transfer. "Transfer" means the sale,
grant, gift, conveyance, assignment, inheritance, or other transfer of an
ownership interest in real property located in this state.
Subd. 3.
Private transfer fee. "Private transfer fee" means
a fee or charge required by a private transfer fee obligation and payable upon
the transfer of an interest in real property, or payable for the right to make
or accept the transfer, regardless of whether the fee or charge is a fixed
amount or is determined as a percentage of the value of the property, the
purchase price, or other consideration given for the transfer. The following are not private transfer fees
for purposes of this section:
(1) consideration payable by the grantee to the grantor for
the interest in real property being transferred, including any subsequent
additional consideration for the property payable by the grantee based upon any
subsequent appreciation, development, or sale of the property, provided that
the additional consideration is payable on a onetime basis only, and the
obligation to make the payment does not bind successors in title to the
property. For the purposes of this
clause, an interest in real property may include a separate mineral estate and
its appurtenant surface access rights;
(2) commission payable to a licensed real estate broker for
the transfer of real property pursuant to an agreement between the broker and
the grantor or the grantee, including any subsequent additional commission for
that transfer payable by the grantor or the grantee based upon any subsequent
appreciation, development, or sale of the property;
(3) interest, charges, fees, or other amounts payable by a
borrower to a lender pursuant to a loan secured by a mortgage against real
property, including but not limited to a fee payable to the lender for consenting
to an assumption of the loan or a transfer of the real property subject to the
mortgage, fees, or charges payable to the lender for estoppel letters or
certificates, and shared appreciation interest or profit participation or other
consideration and payable to the lender in connection with the loan;
(4) rent, reimbursement, charge, fee, or other amount payable
by a lessee to a lessor under a lease, including but not limited to a fee
payable to the lessor for consenting to an assignment, subletting, encumbrance,
or transfer of the lease;
(5) consideration payable to the holder of an option to
purchase an interest in real property or the holder of a right of first refusal
or first offer to purchase an interest in real property for waiving, releasing,
or not exercising the option or right upon the transfer of the property to
another person;
(6) consideration payable by a contract for deed vendee to the
vendor pursuant to the terms of a recorded contract for deed, including any
subsequent additional consideration for the property payable by the vendee
based upon any subsequent appreciation, development, or sale of the property;
(7) a tax, fee, charge, assessment, fine, or other amount
payable to or imposed by a governmental authority;
(8) a fee, charge, assessment, fine, or other amount payable
to a homeowner's condominium, cooperative, mobile home, or property owner's
association pursuant to a declaration or covenant or law applicable to the
association, including but not limited to fees or charges payable for estoppel
letters or certificates issued by the association or its authorized agent;
(9) a fee, a charge, an assessment, dues, a contribution, or
other amount pertaining to the purchase or transfer of a club membership
relating to real property owned by the member, including but not limited to any
amount determined by reference to the value, purchase price, or other
consideration given for the transfer of the real property; and
(10) a mortgage from the purchaser of real property granted to
the seller or to a licensed real estate broker.
Subd. 4.
Private transfer fee
obligation. "Private
transfer fee obligation" means a declaration or covenant recorded or filed
against the title to real property, or any other contractual agreement or
promise, whether or not recorded or filed, that requires or purports to require
the payment of a private transfer fee to the declarant or other person
specified in the declaration, covenant, or agreement, or to their successors or
assigns, upon a subsequent transfer of an interest in the real property.
Sec. 2. [513.74] PROHIBITION.
A private transfer fee obligation recorded, filed, or entered
into in this state on or after the effective date of this section does not run
with the title to real property and is not binding on or enforceable at law or
in equity against any subsequent owner, purchaser, or mortgagee of any interest
in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is
recorded, filed, or entered into in this state on or after the effective date
of this section is void and unenforceable.
This section does not require that a private transfer fee obligation
recorded, filed, or entered into in this state before the effective date of
this section is presumed valid and enforceable.
It is the public policy of this state that no private transfer fee
obligation should be valid or enforceable whenever entered into, recorded, or
filed.
Sec. 3. [513.75] LIABILITY FOR VIOLATION.
A person who records or files or enters into an agreement
imposing a private transfer fee obligation in the person's favor after the
effective date of this section shall be liable for (1) any and all damages
resulting from the imposition of the transfer fee obligation on the transfer of
an interest in the real property, including, without limitation, the amount of
any transfer fee paid by a party to the transfer, and (2) all attorney fees,
expenses, and costs incurred by a party to the transfer or mortgagee of the
real property to recover the transfer fee paid or in connection with an action
to quiet title or register the title or a proceeding subsequent to initial
registration. If an agent acts on behalf
of a principal to record or file or secure a private transfer fee obligation,
liability shall be assessed to the principal, but not to the agent.
Sec. 4. [513.76] NOTICE REQUIREMENTS FOR
EXISTING TRANSFER FEE OBLIGATIONS.
Subdivision 1.
Prior obligations. For a private transfer fee obligation
imposed prior to the effective date of this section, the receiver of the fee
shall record or file, prior to December 31, 2010, against the real property
subject to the private transfer fee obligation a separate document with the
county recorder or registrar of titles of the county in which the real property
is located that meets all of the following requirements:
(1) the title of the document shall be "Notice of
Private Transfer Fee Obligation" in at least 14-point boldface type;
(2) the amount, if the fee is a flat amount, or the
percentage of the sales price constituting the cost of the transfer fee, or any
other basis by which the transfer fee is to be calculated;
(3) the date or circumstances under which the private
transfer fee obligation expires, if any;
(4) the purpose for which the funds from the private transfer
fee obligation will be used;
(5) the name of the person or entity to which funds are to be
paid and specific contact information regarding where the funds are to be sent;
(6) the acknowledged signature of the payee; and
(7) the legal description of the real property burdened by
the private transfer fee obligation.
Subd. 2.
Amendments. The person or entity to which the
transfer fee is to be paid may record or file an amendment to the notice of
transfer fee containing new contact information, but the amendment must contain
the information of the notice of transfer fee that it amends and the legal
description of the property burdened by the private transfer fee obligation.
Subd. 3.
Results of noncompliance. (a) If the payee fails to comply fully
with subdivision 1, the grantor of any real property burdened by the private
transfer fee obligation may proceed with the conveyance of any interest in the
real property to any grantee. The
grantor shall be deemed to have acted in good faith and shall not be subject to
any obligations under the private transfer fee obligation, and the real
property thereafter shall be conveyed free and clear of the transfer fee and
private transfer fee obligation.
(b) If the payee fails to provide a written statement of the
transfer fee payable within 30 days of the date of a written request for the
statement sent to the address shown in the notice of transfer fee, then the
grantor, on recording or filing of the affidavit required under subdivision 4,
may convey any interest in the real property to any grantee without payment of
the transfer fee and shall not be subject to any further obligations under the
private transfer fee obligation. The
real property shall be conveyed free and clear of the transfer fee and private
transfer fee obligation.
Subd. 4.
Affidavit requirement. (a) An affidavit stating the facts
enumerated under paragraph (b) must be recorded or filed with the county
recorder or registrar of titles in the county in which the real property is
located prior to or simultaneously with a conveyance pursuant to subdivision 3,
paragraph (a), of real property unburdened by a private transfer fee obligation. An affidavit filed under this paragraph must
state that the affiant has actual knowledge of the facts in the affidavit and
must include the legal description of the real property burdened by the private
transfer fee obligation, the name of the person appearing by the record to be
the owner of the real property at the time of the signing of the affidavit, and
a reference by recording or filing information to the instrument of record
containing the private transfer fee obligation.
(b) When recorded or filed, an affidavit as described in
paragraph (a) constitutes prima facie evidence that:
(1) a request for the written statement of the transfer fee
payable in order to obtain a release of the fee imposed by the private transfer
fee obligation was sent to the address shown in the notification; and
(2) the entity listed on the notice of transfer fee failed to
provide the written statement of the transfer fee payable within 30 days of the
date of the notice sent to the address shown in the notification.
Sec. 5. Laws 2010,
chapter 238, section 7, is amended to read:
Sec. 7. EFFECTIVE DATE; APPLICATION.
Sections 2 to 6 are effective January 1, 2011. Sections 4 to 6 apply retroactively to child
support judgments, including judgments by operation of law, that have not
expired before January 1, 2011.
Sections 2, 3, 5, and 6 are effective January 1, 2011. Sections 5 and 6 apply retroactively to child
support judgments, including judgments by operation of law, that have not
expired before January 1, 2011. Section
4 is effective July 1, 2011, and applies retroactively to child support
judgments, including judgments by operation of law, that have not expired
before July 1, 2011.
Sec. 6. EFFECTIVE DATE.
Sections 1 to 4 are effective the day following final
enactment."
Delete the title and insert:
"A bill for an act relating to state
regulation; prohibiting real property private transfer fees; modifying
effective date of certain child support provisions; amending Laws 2010, chapter
238, section 7; proposing coding for new law in Minnesota Statutes, chapter
513."
The motion prevailed and the amendment was
adopted.
Jackson moved
to amend S. F. No. 3361, the first engrossment, as amended, as
follows:
Page 5,
delete section 5 and insert:
"Sec. 5. Laws 2010, chapter 238, section 7, is amended
to read:
Sec. 7. EFFECTIVE
DATE; APPLICATION.
Sections 2 to
6 and 3 are effective January 1, 2011. Sections 4 to 6 are effective July 1,
2011, and apply retroactively to child support judgments, including
judgments by operation of law, that have not expired before January July
1, 2011."
The motion prevailed and the amendment was
adopted.
S. F. No. 3361, A bill for
an act relating to real property transfers; prohibiting private transfer fees;
proposing coding for new law in Minnesota Statutes, chapter 513.
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 132 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
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
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.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Solberg announced
his intention to place H. F. No. 2227 on the Fiscal Calendar for
Wednesday, May 12, 2010.
Hortman moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Hortman.
Atkins was excused between the hours of
7:55 p.m. and 9:20 p.m.
Severson was excused between the hours of
7:55 p.m. and 11:00 p.m.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Carlson
from the Committee on Finance to which was referred:
H. F. No. 3512,
A bill for an act relating to indoor air quality; requiring indoor ice arenas
to have electronic air monitoring devices; requiring that grants to construct
and renovate indoor ice arenas require an electronic air monitoring device in
the facility; requiring reports; amending Minnesota Statutes 2008, sections
144.1222, by adding a subdivision; 240A.09.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2008, section
240A.09, is amended to read:
240A.09 PLAN DEVELOPMENT; CRITERIA.
The
Minnesota Amateur Sports Commission shall develop a plan to promote the
development of proposals for new statewide public ice facilities including
proposals for ice centers and matching grants based on the criteria in this
section.
(a) For ice
center proposals, the commission will give priority to proposals that come from
more than one local government unit. Institutions
of higher education are not eligible to receive a grant.
(b) In the
metropolitan area as defined in section 473.121, subdivision 2, the commission is
encouraged to give priority to the following proposals:
(1) proposals
for renovation and indoor air quality improvements at an existing indoor ice
arena;
(2) proposals
for construction of two or more ice sheets in a single new facility;
(2) (3)
proposals for construction of an additional sheet of ice at an existing ice
center;
(3) (4)
proposals for construction of a new, single sheet of ice as part of a sports
complex with multiple sports facilities; and
(4) (5)
proposals for construction of a new, single sheet of ice that will be expanded
to a two-sheet facility in the future.
(c) The
commission shall administer a site selection process for the ice centers. The commission shall invite proposals from
cities or counties or consortia of cities.
A proposal for an ice center must include matching contributions
including in-kind contributions of land, access roadways and access roadway
improvements, and necessary utility services, landscaping, and parking.
(d) Proposals
for ice centers and matching grants must provide for meeting the demand for ice
time for female groups by offering up to 50 percent of prime ice time, as
needed, to female groups. For purposes
of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday
to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(e) The
location for all proposed facilities must be in areas of maximum demonstrated
interest and must maximize accessibility to an arterial highway.
(f) To the extent
possible, all proposed facilities must be dispersed equitably, must be located
to maximize potential for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all ages.
(g) The
commission may also use the money to upgrade current facilities, purchase
girls' ice time, or conduct amateur women's hockey and other ice sport
tournaments.
(h) To the
extent possible, 50 percent of all grants must be awarded to communities in
greater Minnesota.
(i) To the
extent possible, technical assistance shall be provided to Minnesota
communities by the commission on ice arena planning, design, redesign,
renovation of air handling systems, and operation, including the marketing
of ice time.
(j) A grant
for new facilities may not exceed $250,000.
(k) The
commission may make grants for rehabilitation and renovation. A rehabilitation or renovation grant may not
exceed $100,000 $200,000. Priority
must be given to grant applications for indoor air quality improvements,
including zero emission ice resurfacing equipment and upgrading ventilation
systems that include electronic indoor air monitoring and recording devices. After January 1, 2013, no grant may be made
under this paragraph unless the application includes capital expenditures for
indoor air quality improvements that will enable the facility to comply with
indoor air quality standards and any associated rules, or the applicant
provides documentation from the commissioner of health that the facility is in
compliance with those requirements at the time of application and will continue
to be in compliance after the rehabilitation or renovation is completed. The provisions of this paragraph also apply
to grants made to upgrade current facilities under paragraph (g).
(l) Grant
money may be used for ice centers designed for sports other than hockey.
(m) Grant
money may be used to upgrade existing facilities to comply with the bleacher
safety requirements of section 326B.112.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 2. INDOOR
ICE ARENAS; RULEMAKING.
The
Department of Health must incorporate the following items into its current
rulemaking governing air quality in indoor ice arenas:
(1)
standards limiting the concentration of carbon monoxide and nitrogen dioxide
must address both acute and chronic exposure, must include a one-hour limit,
and must be reviewed every five years;
(2) recorded
monitoring data from electronic indoor air monitoring devices must be available
to the Department of Health upon request; and
(3)
requirements for indoor ice arenas to take specified corrective measures to
protect public health in response to elevated concentration levels of carbon
monoxide and nitrogen dioxide, as determined by the Department of Health,
including operating ventilation equipment at increased levels or more
frequently, evacuating the arena, and establishing conditions for re-occupancy
of the arena.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 3. REPORTS.
By August
1, 2012, and each year thereafter, the Department of Health must submit a
report to the chairs and ranking minority members of the senate and house of
representatives committees with primary jurisdiction over public health that
contains the following information with respect to indoor air quality in ice
arenas for the preceding calendar year:
(1) a list
of on-site inspections of ice arenas made by the department, including the date
of each inspection;
(2) the
list of violations of indoor air quality standards, reporting requirements, or
other requirements of Minnesota Rules, chapter 4620, by ice arenas;
(3) a list
of enforcement actions taken against violators listed in clause (2), or any
other actions taken to return violators to compliance;
(4) the
number of certificates of approval the commissioner of health refused to issue
due to insufficient documentation of maintenance of acceptable air quality
conditions;
(5) the
number of certificates of approval suspended, revoked, or reinstated by the
commissioner due to violations of air quality rules; and
(6) the
number of variances to air quality rules granted to ice arenas by the
commissioner of health.
The
department must also post the information in clauses (1) to (6) on its Web
site.
EFFECTIVE DATE. This
section is effective the day following final enactment."
Amend the
title accordingly
With the
recommendation that when so amended the bill pass.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 2629, A bill for an act relating to
elections; appropriating money for grants to counties for voting equipment and
vote-counting equipment; specifying grant terms and procedures; repealing Laws
2005, chapter 162, section 34, subdivision 2, as amended.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"Section 1. Minnesota
Statutes 2008, section 318.02, subdivision 1, is amended to read:
Subdivision 1. Definition.
The term "declaration of trust" as used in this section
means the declaration of trust, business trust instrument, trust indenture,
contract of custodianship, or other instrument pursuant to which such
association is organized. Every such
association organized after April 20, 1961, for the purpose of transacting
business in this state shall, prior to transacting any business in this state,
file in the Office of the Secretary of State a
true and correct copy of the "declaration of trust"
under which the association proposes to conduct its business. The copy shall also contain a statement that
the true and correct copy of the "declaration of trust" is being
filed in the Office of the Secretary of State of the state of Minnesota
pursuant to this chapter and shall also include the full name and street
address of an agent of the business trust in this state. That agent shall be the agent for service of
process which shall be made pursuant to the provisions of section 543.08. The "declaration of trust" may
provide that the duration of such association shall be perpetual. Upon the filing of the copy of the
"declaration of trust," and the payment of a filing fee of
$150 to the secretary of state, the secretary of state shall issue to such
association, or to the trustees named in the said "declaration of
trust," or to the persons or parties to the "declaration of
trust," a certificate showing that such "declaration of trust"
has been duly filed; whereupon, such association in its name shall be
authorized to transact business in this state; provided that all other
applicable laws have been complied with.
The "declaration of trust" may be amended as provided in the
"declaration of trust" or in any amendments thereto but a true and
correct copy of all amendments to the "declaration of trust," shall
be filed in the Office of the Secretary of State upon the payment of a
filing fee of $50 to the secretary of state and all amendments shall become
effective at the time of said filing. When
such copy of the "declaration of trust" and any amendments thereto
shall have been filed in the Office of the Secretary of State it shall
constitute public notice as to the purposes and manner of the business to be
engaged in by such association.
Sec. 2. Minnesota
Statutes 2008, section 557.01, is amended to read:
557.01 NONRESIDENT, AGENT TO
ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any
interest or lien in or upon lands in the state may file with the secretary of
state a writing, executed and acknowledged in the manner of a conveyance,
appointing a resident agent, whose place of residence shall be stated, to
accept service of process or summons in any action or proceeding in the courts
of the state concerning such interest or lien, except actions or proceedings
for the collection of taxes, and consenting that service of such process or
summons upon such agent shall be binding upon the person executing the same. Such writing shall be recorded by the
secretary. No service by publication of
summons shall be made upon any such nonresident who has complied with the
provisions hereof, but in all such cases service of such process or summons, or
of any writ or notice in the action or proceedings, shall be made upon such
agent in the manner provided by law for such service upon residents of the
state, and have the same effect as personal service within the state upon such
owner or claimant; but, if such party appears by attorneys therein, the service
of papers shall thereafter be upon such attorney. The authority of such agent may be revoked by
writing similarly executed and acknowledged and recorded, but no revocation
shall affect any action or proceeding then pending. For filing and recording such papers the
secretary shall be entitled to 15 cents for each folio The fee for each
filing made under this section is $50."
Page 3, after line 11, insert:
"Sec. 6. EFFECTIVE DATE.
Sections 3 to 5 are effective the day following final
enactment."
Renumber the sections in sequence and correct the internal
references
Amend the title as follows:
Page 1, line 2, delete "elections" and insert
"operations of the secretary of state; regulating filings with the
secretary of state"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass and
be re-referred to the Committee on Ways and Means.
The report was adopted.
Carlson from the Committee on Finance to which was referred:
S. F. No. 2937, A bill for an act relating to
human services; chemical dependency treatment; pilot projects; requiring a
report; proposing coding for new law in Minnesota Statutes, chapter 254B;
repealing Laws 2009, chapter 79, article 7, section 26, subdivision 3.
Reported the same back with the recommendation that the bill
pass.
The report was adopted.
SECOND READING OF HOUSE BILLS
H. F. No. 3512 was read for
the second time.
SECOND READING OF SENATE BILLS
S. F. No. 2937 was read for
the second time.
CALENDAR FOR THE DAY
S. F. No. 2725 was reported
to the House.
Paymar moved to amend
S. F. No. 2725, the fourth engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 2965, the
second engrossment:
"Section 1. [299A.642] VIOLENT CRIME COORDINATING
COUNCIL.
Subdivision 1.
Coordinating council
established. The Violent
Crime Coordinating Council is established to provide guidance related to the
investigation and prosecution of gang and drug crime. For the purposes of this section, "gang
and drug crime" includes violent crimes associated with gang activity.
Subd. 2.
Membership. The coordinating council shall consist
of the following individuals or their designees:
(1) the director of the Office of Special Investigations as
the representative of the commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension
as the representative of the commissioner of public safety;
(3) the attorney general;
(4) four chiefs of police, selected by the Minnesota Chiefs of
Police Association, of which one must be employed by the city of Minneapolis,
one must be employed by the city of St. Paul, one must be employed by a
municipality located in the seven-county metropolitan area excluding
Minneapolis and St. Paul, and one must be employed in greater Minnesota;
(5) four sheriffs, selected by the Minnesota Sheriffs
Association, of which, one must work in Hennepin County, one must work in
Ramsey County, one must work in Anoka, Carver, Dakota, Scott, or Washington
county, and one must work in greater Minnesota;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County
Attorneys Association, one who must work in the seven-county metropolitan area
and one who must work in greater Minnesota;
(8) two citizen members appointed by the commissioner of
public safety in consultation with representatives from the councils of color
created in sections 3.922, 3.9223, 3.9225, and 3.9226; and
(9) a tribal peace officer, selected by the commissioner of
public safety, in consultation with the Minnesota Indian Affairs Council.
The coordinating council shall adopt procedures to govern its
conduct as necessary and shall select a chair from among its members. The chair shall serve a two-year term and the
appointment of the chair shall alternate between a person who works in greater
Minnesota and a person who works in the seven-county metropolitan area.
Subd. 3.
Coordinating council's duties. The coordinating council shall develop
an overall strategy to ameliorate the harm caused to the public by gang and
drug crime within the state of Minnesota.
Additionally, the coordinating council shall:
(1) subject to approval by the commissioner of public safety,
develop an operating procedures and policies manual to investigate gang and
drug crime in a multijurisdictional manner;
(2) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
(3) assist the Department of Public Safety in developing grant
eligibility criteria and operating an objective and conflict-free grant review
application process;
(4) make recommendations to the commissioner of public safety
to terminate grant funding for multijurisdictional entities if an entity no
longer operates in accordance with subdivision 4, or no longer functions in a
manner consistent with the best interests of the state or public;
(5) assist in developing a process to collect and share
information to improve the investigation and prosecution of gang and drug
offenses;
(6) develop and approve an operational budget for the
coordinating council; and
(7) subject to approval by the commissioner of public safety,
adopt narrowly tailored, objective criteria and identifying characteristics for
use in determining whether individuals are or may be members of gangs involved
in criminal activity. The council shall
review and update the criteria and characteristics adopted under this clause
every two years with the objective to ensure effectiveness and relevance to the
accurate identification of subjects actively involved in criminal gang activity. As part of its review process, the council
shall obtain input from members of communities that are impacted by criminal
gang activity. Before adopting any
changes under this clause, the council must submit its recommendations to the
commissioner of public safety for approval.
Subd. 4.
Duties and authority of
commissioner. (a) The
commissioner of public safety shall certify multijurisdictional entities, and
their designated fiscal agents, that are established pursuant to this section
to combat gang and drug crime and receive grant funding under subdivision 9. To certify an entity and its designated
fiscal agent, the commissioner shall require that a multijurisdictional entity:
(1) be subject to the operational command and supervision of
one of the participating agencies;
(2) be subject to a biennial operational and financial audit
contracted out to an external organization not associated with the
multijurisdictional entity and designed to ensure that the entity and its
designated fiscal agent are in compliance with applicable legal requirements,
proper law enforcement standards and practices, and effective financial
controls;
(3) have adequate staffing and funding to support law
enforcement, prosecutorial, and financial operations, including bookkeeping,
evidence handling, and inventory recording; and
(4) be subject to any other conditions the commissioner deems
necessary to carry out the purposes of this section.
The commissioner may use grant funds authorized under
subdivision 9 to pay for costs incurred in conducting audits under clause (2).
(b) A multijurisdictional entity, and its designated fiscal
agent, must be certified annually by the commissioner and may not operate under
this section unless it is certified. If
the commissioner revokes an entity's or fiscal agent's certification, the
commissioner may order, for purposes relating to this section, any or all of
the following:
(1) dissolution of the entity, its governing boards, or both;
(2) transfer of duties of the entity, its governing boards,
or both, to the Department of Public Safety; and
(3) any other action deemed necessary by the commissioner.
Notwithstanding
any action taken by the commissioner, any outstanding obligations or
liabilities of the entity remain with the entity and the parties of the
agreement and do not transfer.
(c) An agreement entered into pursuant to section 471.59 and
this section shall provide that the parties to the agreement are subject to the
provisions in this subdivision and shall provide for the disposition of
property and allocation of obligations upon voluntary or mandated dissolution
of the entity or upon termination of the agreement.
(d) Except as provided in section 2, a multijurisdictional
entity that is operating on the effective date of this section pursuant to
section 299A.641 shall have until December 31, 2010, to be certified under this
section.
Subd. 5.
Statewide coordinator. The commissioner of public safety
shall appoint a statewide coordinator. The
coordinator serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and drug
enforcement activities;
(2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) review audits conducted under subdivision 4, take
corrective actions based on audit results, and submit a summary report of the
audits and any corrective actions to the commissioner of public safety.
Subd. 6.
Participating officers;
employment status. All
participating law enforcement officers must be licensed peace officers as
defined in section 626.84, subdivision 1, or qualified federal law enforcement
officers as defined in section 626.8453.
Participating officers remain employees of the same entity that employed
them before joining any multijurisdictional entity established under this
section. Participating officers are not
employees of the state. Participating
officers shall be subject to annual performance reviews conducted by the
entity's operational supervisor.
Subd. 7.
Jurisdiction and powers. Law enforcement officers participating
in any multijurisdictional entity established under this section have statewide
jurisdiction to conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
Subd. 8.
Evidence handling. A multijurisdictional entity
established pursuant to this section shall process all evidence through the
standard evidence handling procedures established by the participating
agencies.
Subd. 9.
Grants authorized. The commissioner of public safety may
make grants to state and local units of government to combat gang and drug
crime. When awarding grants, the
commissioner shall consider appropriating grants under this section to fund
community-based gang intervention and prevention efforts for youth.
Subd. 10.
Coordinating council is
permanent. Notwithstanding
section 15.059, this section does not expire.
Subd. 11.
Governing board; prosecutor's
role. (a) A
multijurisdictional entity established under this section shall create a
governing board consisting of the chief law enforcement officer, or designee,
from each participating agency, a prosecutor from one of the participating
agencies, and up to three additional members selected by the governing board. A governing board shall have no less than six
members.
(b) The prosecutor on the governing board shall recommend to
governing board the nature and frequency of training for officers assigned to a
multijurisdictional entity in order to increase successful prosecutions.
Subd. 12.
Funding. Participating agencies may accept
lawful grants or contributions from any federal source or legal business or
entity.
Subd. 13.
Role of attorney general. The attorney general or a designee
shall generally advise on any matters that the coordinating council deems
appropriate.
Subd. 14.
Attorney general; community
liaison. (a) The attorney
general or a designee shall serve as a liaison between the coordinating council
and the councils of color created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or designee will be
responsible for:
(1) informing the councils of color of the plans, activities,
and decisions and hearing their reactions to those plans, activities, and
decisions; and
(2) providing the coordinating council with the position of
the councils of color on the coordinating council's plan, activities, and
decisions.
(b) In no event is the coordinating council required to
disclose the names of individuals identified by it to the councils of color
referenced in this subdivision.
Subd. 15.
Required reports. By February 1 of each year, the
commissioner of public safety shall submit the following reports to the chairs
of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding:
(1) a report containing a summary of all audits conducted on
multijurisdictional entities under subdivision 4; and
(2) a report on the activities and goals of the coordinating
council.
Sec. 2. MULTIJURISDICTIONAL GANG AND DRUG STRIKE
FORCES.
A joint powers entity established pursuant to Minnesota
Statutes, section 299A.641, before the effective date of this section that
included as parties to the joint powers agreement two counties with a
population over 500,000 each is dissolved and any governing or advisory board
established by the terms of the agreement is also dissolved. All current and future obligations and
liabilities of the joint powers entity remain with the parties to the agreement
and do not transfer to the state.
For purposes of this section, "population" means
the most recent population estimate made by the state demographer under
Minnesota Statutes, section 4A.02.
EFFECTIVE
DATE. This section is effective July 1,
2011.
Sec. 3. REVISOR'S INSTRUCTION.
The revisor of statutes shall replace references to Minnesota
Statutes, section 299A.641, in statutes and rules with a reference to Minnesota
Statutes, section 299A.642, and shall make any other changes to statutory
cross-references as necessitated by this bill.
Sec. 4. REPEALER.
Minnesota Statutes 2008, section 299A.641, is repealed.
EFFECTIVE
DATE. This section is effective December
31, 2010."
Delete the title and insert:
"A bill for an act relating to public
safety; establishing a certification process for multijurisdictional gang and
drug task forces; proposing coding for new law in Minnesota Statutes, chapter
299A; repealing Minnesota Statutes 2008, section 299A.641."
The motion prevailed and the amendment was
adopted.
Paymar moved
to amend S. F. No. 2725, the fourth engrossment, as amended, as
follows:
Page 6,
after line 6, insert:
"Sec. 3. WORK
GROUP.
The
director of the Information Policy Analysis Division of the Department of Administration
shall convene and chair a work group of stakeholders and interested parties to
discuss issues and laws pertaining to criminal intelligence databases. In its discussions, the work group shall
balance considerations of public safety needs and privacy interests, oversight,
minimization of discretion, and regulation of the collection of these data,
including the individualized criteria for inclusion in a computerized gang
database. By February 1, 2011, the work
group shall submit an executive summary document to the chairs and ranking
minority members of the committees of the senate
and house
of representatives with jurisdiction over data practices issues. The document must summarize the work group
meetings and outline proposed legislative changes to implement recommendations
on which there is agreement. The
Department of Public Safety shall provide administrative support to the work
group."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
Kahn,
Downey and Holberg moved to amend S. F. No. 2725, the fourth
engrossment, as amended, as follows:
Page 6,
after line 6, insert:
"Sec. 3. GOVERNMENT
EFFICIENCY AND TRANSPARENCY STUDIES.
Subdivision
1. Data center study. (a)
The commissioner of management and budget, in consultation with the state chief
information officer, must study and report to the chairs and ranking minority members
of the house and senate committees with jurisdiction over state government
finance by January 15, 2011, on the feasibility and estimated costs of entering
into a lease or lease-purchase agreement with a private nonprofit organization,
involving a private sector developer, to provide a centralized data center for
state agencies or to upgrade current facilities for purposes of data center
consolidation. The report must include a
potential schedule for consolidation of existing state agency data centers, and
an estimate of any savings, increased efficiencies, or performance improvements
that would be achieved through this consolidation.
(b) In
conducting the study required under paragraph (a), the commissioner shall
consult with representatives of higher education and local government units to
determine the feasibility and desirability of creating a shared service
contract for a data center.
(c) If the
commissioner of management and budget and chief information officer conclude
that entering into an agreement described in paragraph (a) is cost-beneficial,
the commissioner may enter into such an agreement notwithstanding any law to
the contrary.
Subd. 2. Transparency
standards. By January 15,
2011, the chief information officer shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the
Office of Enterprise Technology regarding the development of the standards to
enhance public access to data required under Minnesota Statutes, section
16E.05, subdivision 4. The report must
describe the process for development of the standards, including the
opportunity provided for public comment, and specify the components of the
standards that have been implemented, including a description of the level of
public use of the new opportunities for data access under the standards."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2725, A bill for
an act relating to public safety; establishing a certification process for
multijurisdictional gang and drug task forces; regulating law enforcement
criminal gang investigative databases; classifying data received from law
enforcement agencies in other states; changing membership of a council;
delineating uses of data in the comprehensive incident-based reporting system;
restricting the acquisition of cell phone tracking devices; amending Minnesota
Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091,
subdivision 4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 13; 626; 626A.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
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
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
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
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.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2614
A bill for
an act relating to state government; licensing; state health care programs;
continuing care; children and family services; health reform; Department of
Health; public health; health plans; assessing administrative penalties;
modifying foreign operating corporation taxes; requiring reports; making
supplemental and contingent appropriations and reductions for the Departments
of Health and Human Services and other health-related boards and councils;
amending Minnesota Statutes 2008, sections 62D.08, by adding a subdivision;
62J.07, subdivision 2, by adding a subdivision; 62J.38; 62J.692, subdivision 4;
62Q.19, subdivision 1; 62Q.76, subdivision 1; 62U.05; 119B.025, subdivision 1;
119B.09, subdivision 4; 119B.11, subdivision 1; 144.05, by adding a subdivision;
144.226,
subdivision
3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision;
144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision
5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision
3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4;
254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a
subdivision; 256.9657, subdivision 3; 256B.04, subdivision 14; 256B.055, by
adding a subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9;
256B.0625, subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions;
256B.0631, subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a
subdivision; 256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by
adding a subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions
20, as amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75; 256B.76,
subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b; 256D.0515;
256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20, subdivision
3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by adding
subdivisions; 256L.02, subdivision 3; 256L.03, subdivision 3, by adding a
subdivision; 256L.04, subdivision 7; 256L.05, by adding a subdivision; 256L.07,
subdivision 1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15,
subdivision 1; 290.01, subdivision 5, by adding a subdivision; 290.17,
subdivision 4; 326B.43, subdivision 2; 626.556, subdivision 10i; 626.557,
subdivision 9d; Minnesota Statutes 2009 Supplement, sections 62J.495,
subdivisions 1a, 3, by adding a subdivision; 157.16, subdivision 3; 245A.11, subdivision
7b; 245C.27, subdivision 1; 246B.06, subdivision 6; 252.025, subdivision 7;
252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivision 3a;
256B.056, subdivision 3c; 256B.0625, subdivisions 9, 13e; 256B.0653,
subdivision 5; 256B.0911, subdivision 1a; 256B.0915, subdivision 3a; 256B.69,
subdivisions 5a, 23; 256B.76, subdivision 1; 256B.766; 256D.03, subdivision 3,
as amended; 256D.44, subdivision 5; 256J.425, subdivision 3; 256L.03,
subdivision 5; 256L.11, subdivision 1; 289A.08, subdivision 3; 290.01,
subdivisions 19c, 19d; 327.15, subdivision 3; Laws 2005, First Special Session
chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 3,
section 18; article 5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision
5; article 8, sections 2; 51; 81; article 13, sections 3, subdivisions 1, as
amended, 3, as amended, 4, as amended, 8, as amended; 5, subdivision 8, as
amended; Laws 2009, chapter 173, article 1, section 17; Laws 2010, chapter 200,
article 1, sections 12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21;
article 2, section 2, subdivisions 1, 8; proposing coding for new law in
Minnesota Statutes, chapters 62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256;
256B; proposing coding for new law as Minnesota Statutes, chapter 62V;
repealing Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, 4;
254B.09, subdivisions 4, 5, 7; 256D.03, subdivisions 3a, 3b, 5, 6, 7, 8;
290.01, subdivision 6b; 290.0921, subdivision 7; Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3; Laws 2009, chapter 79, article 7,
section 26, subdivision 3; Laws 2010, chapter 200, article 1, sections 12,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
May 12, 2010
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
The Honorable James P. Metzen
President of the Senate
We, the
undersigned conferees for H. F. No. 2614 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that H. F. No. 2614 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
HEALTH CARE
Section 1. Minnesota Statutes 2008, section 256.9657,
subdivision 2, is amended to read:
Subd. 2. Hospital
surcharge. (a) Effective October 1,
1992, each Minnesota hospital except facilities of the federal Indian Health
Service and regional treatment centers shall pay to the medical assistance
account a surcharge equal to 1.4 percent of net patient revenues excluding net
Medicare revenues reported by that provider to the health care cost information
system according to the schedule in subdivision 4.
(b)
Effective July 1, 1994, the surcharge under paragraph (a) is increased to 1.56
percent.
(c) Effective
July 1, 2010, the surcharge under paragraph (b) is increased to 2.63 percent.
(d)
Effective October 1, 2011, the surcharge under paragraph (c) is reduced to 2.30
percent.
(e) Notwithstanding
the Medicare cost finding and allowable cost principles, the hospital surcharge
is not an allowable cost for purposes of rate setting under sections 256.9685
to 256.9695.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 256.9657,
subdivision 3, is amended to read:
Subd. 3. Surcharge
on HMOs and community integrated service networks. (a) Effective October 1, 1992, each
health maintenance organization with a certificate of authority issued by the
commissioner of health under chapter 62D and each community integrated service
network licensed by the commissioner under chapter 62N shall pay to the
commissioner of human services a surcharge equal to six-tenths of one percent
of the total premium revenues of the health maintenance organization or
community integrated service network as reported to the commissioner of health
according to the schedule in subdivision 4.
(b) Effective
October 1, 2010, in addition to the surcharge under paragraph (a), each health
maintenance organization shall pay to the commissioner a surcharge equal to
0.85 percent of total premium revenues and each county-based purchasing plan
authorized under section 256B.692 shall pay to the commissioner a surcharge
equal to 1.45 percent of the total premium revenues of the plan, as reported to
the commissioner of health, according to the payment schedule in subdivision 4. Notwithstanding section 256.9656, money
collected under this paragraph shall be deposited in the health care access
fund established in section 16A.724.
(c) For
purposes of this subdivision, total premium revenue means:
(1) premium
revenue recognized on a prepaid basis from individuals and groups for provision
of a specified range of health services over a defined period of time which is
normally one month, excluding premiums paid to a health maintenance
organization or community integrated service network from the Federal Employees
Health Benefit Program;
(2)
premiums from Medicare wrap-around subscribers for health benefits which
supplement Medicare coverage;
(3)
Medicare revenue, as a result of an arrangement between a health maintenance
organization or a community integrated service network and the Centers for
Medicare and Medicaid Services of the federal Department of Health and Human
Services, for services to a Medicare beneficiary, excluding Medicare revenue
that states are prohibited from taxing under sections 1854, 1860D-12, and 1876
of title XVIII of the federal Social Security Act, codified as United States
Code, title 42, sections 1395mm, 1395w-112, and 1395w-24, respectively, as they
may be amended from time to time; and
(4) medical
assistance revenue, as a result of an arrangement between a health maintenance
organization or community integrated service network and a Medicaid state
agency, for services to a medical assistance beneficiary.
If advance
payments are made under clause (1) or (2) to the health maintenance
organization or community integrated service network for more than one
reporting period, the portion of the payment that has not yet been earned must
be treated as a liability.
(c) (d) When a
health maintenance organization or community integrated service network merges
or consolidates with or is acquired by another health maintenance organization
or community integrated service network, the surviving corporation or the new
corporation shall be responsible for the annual surcharge originally imposed on
each of the entities or corporations subject to the merger, consolidation, or
acquisition, regardless of whether one of the entities or corporations does not
retain a certificate of authority under chapter 62D or a license under
chapter 62N.
(d) (e)
Effective July 1 of each year, the surviving corporation's or the new
corporation's surcharge shall be based on the revenues earned in the second
previous calendar year by all of the entities or corporations subject to the
merger, consolidation, or acquisition regardless of whether one of the entities
or corporations does not retain a certificate of authority under chapter 62D or
a license under chapter 62N until the total premium revenues of the surviving
corporation include the total premium revenues of all the merged entities as
reported to the commissioner of health.
(e) (f)
When a health maintenance organization or community integrated service network,
which is subject to liability for the surcharge under this chapter, transfers,
assigns, sells, leases, or disposes of all or substantially all of its property
or assets, liability for the surcharge imposed by this chapter is imposed on
the transferee, assignee, or buyer of the health maintenance organization or
community integrated service network.
(f) (g)
In the event a health maintenance organization or community integrated service
network converts its licensure to a different type of entity subject to
liability for the surcharge under this chapter, but survives in the same or
substantially similar form, the surviving entity remains liable for the
surcharge regardless of whether one of the entities or corporations does not
retain a certificate of authority under chapter 62D or a license under chapter
62N.
(g) (h)
The surcharge assessed to a health maintenance organization or community
integrated service network ends when the entity ceases providing services for
premiums and the cessation is not connected with a merger, consolidation,
acquisition, or conversion.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 3. Minnesota Statutes 2009 Supplement, section
256.969, subdivision 2b, is amended to read:
Subd. 2b. Operating
payment rates. In determining
operating payment rates for admissions occurring on or after the rate year
beginning January 1, 1991, and every two years after, or more frequently as
determined by the commissioner, the commissioner shall obtain operating data
from an updated base year and establish operating payment rates per admission
for each hospital based on the cost-finding methods and allowable costs of the
Medicare program in effect during the base year. Rates under the general assistance medical
care, medical assistance, and MinnesotaCare
programs shall not be rebased to more current data on January 1, 1997, January
1, 2005, for the first 24 months of the rebased period beginning January
1, 2009. For the first three 24
months of the rebased period beginning January 1, 2011, rates shall not
be rebased at 74.25 percent of the full value of the rebasing percentage
change. From April 1, 2011, to March 31,
2012, rates shall be rebased at 39.2 percent of the full value of the rebasing percentage change, except that a Minnesota long-term hospital shall
be rebased effective January 1, 2011, based on its most recent Medicare
cost report ending on or before September 1, 2008, with the provisions under
subdivisions 9 and 23, based on the rates in effect on December 31, 2010. For subsequent rate setting periods in which
the base years are updated, a Minnesota long-term hospital's base year shall
remain within the same period as other hospitals. Effective April 1, 2012 January 1,
2013, rates shall be rebased at full value.
The base year operating payment rate per admission is standardized by
the case mix index and adjusted by the hospital cost index,
relative
values, and disproportionate population adjustment. The cost and charge data used to establish
operating rates shall only reflect inpatient services covered by medical
assistance and shall not include property cost information and costs recognized
in outlier payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 4. Minnesota Statutes 2009 Supplement, section
256.969, subdivision 3a, is amended to read:
Subd. 3a. Payments. (a) Acute care hospital billings under
the medical assistance program must not be submitted until the recipient is
discharged. However, the commissioner
shall establish monthly interim payments for inpatient hospitals that have
individual patient lengths of stay over 30 days regardless of diagnostic
category. Except as provided in section
256.9693, medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and 256.9695, in addition
to third party and recipient liability, for discharges occurring during the
rate year shall not exceed, in aggregate, the charges for the medical
assistance covered inpatient services paid for the same period of time to the
hospital. This payment limitation shall
be calculated separately for medical assistance and general assistance medical
care services. The limitation on general
assistance medical care shall be effective for admissions occurring on or after
July 1, 1991. Services that have rates
established under subdivision 11 or 12, must be limited separately from other
services. After consulting with the
affected hospitals, the commissioner may consider related hospitals one entity
and may merge the payment rates while maintaining separate provider numbers. The operating and property base rates per
admission or per day shall be derived from the best Medicare and claims data
available when rates are established. The
commissioner shall determine the best Medicare and claims data, taking into
consideration variables of recency of the data, audit disposition, settlement
status, and the ability to set rates in a timely manner. The commissioner shall notify hospitals of
payment rates by December 1 of the year preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year changes from 1981 to the base year
established for the rate year beginning January 1, 1991, and for subsequent
rate years, shall not be limited to the limits ending June 30, 1987, on the
maximum rate of increase under subdivision 1.
The commissioner may adjust base year cost, relative value, and case mix
index data to exclude the costs of services that have been discontinued by the
October 1 of the year preceding the rate year or that are paid separately from
inpatient services. Inpatient stays that
encompass portions of two or more rate years shall have payments established
based on payment rates in effect at the time of admission unless the date of
admission preceded the rate year in effect by six months or more. In this case, operating payment rates for
services rendered during the rate year in effect and established based on the
date of admission shall be adjusted to the rate year in effect by the hospital
cost index.
(b) For
fee-for-service admissions occurring on or after July 1, 2002, the total
payment, before third-party liability and spenddown, made to hospitals for
inpatient services is reduced by .5 percent from the current statutory rates.
(c) In
addition to the reduction in paragraph (b), the total payment for
fee-for-service admissions occurring on or after July 1, 2003, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced five percent from the current statutory rates. Mental health services within diagnosis
related groups 424 to 432, and facilities defined under subdivision 16 are
excluded from this paragraph.
(d) In
addition to the reduction in paragraphs (b) and (c), the total payment for
fee-for-service admissions occurring on or after August 1, 2005, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced 6.0 percent from the current statutory rates. Mental health services within diagnosis
related groups 424 to 432 and facilities defined under subdivision 16 are
excluded from this paragraph. Notwithstanding
section 256.9686, subdivision 7, for purposes of this paragraph, medical
assistance does not include general assistance medical care. Payments made to managed care plans shall be
reduced for services provided on or after January 1, 2006, to reflect this reduction.
(e) In
addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2008, through June
30, 2009, made to hospitals for inpatient services before third-party liability
and spenddown, is reduced 3.46 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after January 1, 2009,
through June 30, 2009, to reflect this reduction.
(f) In
addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2009, through June
30, 2010, made to hospitals for inpatient services before third-party liability
and spenddown, is reduced 1.9 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2009,
through June 30, 2010, to reflect this reduction.
(g) In
addition to the reductions in paragraphs (b), (c), and (d), the total payment
for fee-for-service admissions occurring on or after July 1, 2010, made to
hospitals for inpatient services before third-party liability and spenddown, is
reduced 1.79 percent from the current statutory rates. Mental health services with diagnosis related
groups 424 to 432 and facilities defined under subdivision 16 are excluded from
this paragraph. Payments made to managed
care plans shall be reduced for services provided on or after July 1, 2010, to
reflect this reduction.
(h) In
addition to the reductions in paragraphs (b), (c), (d), (f), and (g), the total
payment for fee-for-service admissions occurring on or after July 1, 2009, made
to hospitals for inpatient services before third-party liability and spenddown,
is reduced one percent from the current statutory rates. Facilities defined under subdivision 16 are
excluded from this paragraph. Payments
made to managed care plans shall be reduced for services provided on or after
October 1, 2009, to reflect this reduction.
(i) In
order to offset the ratable reductions provided for in this subdivision, the
total payment rate for medical assistance fee-for-service admissions occurring
on or after July 1, 2010, to June 30, 2011, made to Minnesota hospitals for
inpatient services before third-party liability and spenddown, shall be
increased by five percent from the current statutory rates. Effective July 1, 2011, the rate increase
under this paragraph shall be reduced to 1.96 percent. For purposes of this paragraph, medical
assistance does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 5. Minnesota Statutes 2008, section 256.969,
subdivision 21, is amended to read:
Subd. 21. Mental
health or chemical dependency admissions; rates. (a) Admissions under the general
assistance medical care program occurring on or after July 1, 1990, and
admissions under medical assistance, excluding general assistance medical care,
occurring on or after July 1, 1990, and on or before September 30, 1992, that
are classified to a diagnostic category of mental health or chemical dependency
shall have rates established according to the methods of subdivision 14, except
the per day rate shall be multiplied by a factor of 2, provided that the total
of the per day rates shall not exceed the per admission rate. This methodology shall also apply when a hold
or commitment is ordered by the court for the days that inpatient hospital
services are medically necessary. Stays
which are medically necessary for inpatient hospital services and covered by
medical assistance shall not be billable to any other governmental entity. Medical necessity shall be determined under
criteria established to meet the requirements of section 256B.04, subdivision
15, or 256D.03, subdivision 7, paragraph (b).
(b) In
order to ensure adequate access for the provision of mental health services and
to encourage broader delivery of these services outside the nonstate
governmental hospital setting, payment rates for medical assistance admissions
occurring on or after July 1, 2010, at a Minnesota private, not-for-profit
hospital above the 75th percentile of all Minnesota private, nonprofit
hospitals for diagnosis-related groups 424 to 432 and 521 to 523 admissions
paid by medical assistance for admissions occurring in calendar year 2007,
shall be increased for these diagnosis-related groups at a percentage
calculated to cost not more than $10,000,000 each fiscal year, including state
and federal shares. For purposes of this
paragraph, medical assistance does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 256.969,
subdivision 26, is amended to read:
Subd. 26. Greater
Minnesota payment adjustment after June 30, 2001. (a) For admissions occurring after June
30, 2001, the commissioner shall pay fee-for-service inpatient admissions for
the diagnosis-related groups specified in paragraph (b) at hospitals located
outside of the seven-county metropolitan area at the higher of:
(1) the
hospital's current payment rate for the diagnostic category to which the
diagnosis-related group belongs, exclusive of disproportionate population
adjustments received under subdivision 9 and hospital payment adjustments
received under subdivision 23; or
(2) 90
percent of the average payment rate for that diagnostic category for hospitals
located within the seven-county metropolitan area, exclusive of
disproportionate population adjustments received under subdivision 9 and
hospital payment adjustments received under subdivisions 20 and 23.
(b) The
payment increases provided in paragraph (a) apply to the following
diagnosis-related groups, as they fall within the diagnostic categories:
(1) 370
cesarean section with complicating diagnosis;
(2) 371
cesarean section without complicating diagnosis;
(3) 372
vaginal delivery with complicating diagnosis;
(4) 373
vaginal delivery without complicating diagnosis;
(5) 386
extreme immaturity and respiratory distress syndrome, neonate;
(6) 388
full-term neonates with other problems;
(7) 390
prematurity without major problems;
(8) 391
normal newborn;
(9) 385
neonate, died or transferred to another acute care facility;
(10) 425
acute adjustment reaction and psychosocial dysfunction;
(11) 430
psychoses;
(12) 431
childhood mental disorders; and
(13)
164-167 appendectomy.
(c) For
medical assistance admissions occurring on or after July 1, 2010, the payment
rate under paragraph (a), clause (2), shall be increased to 100 percent from 90
percent. For purposes of this paragraph,
medical assistance does not include general assistance medical care. The commissioner shall not adjust rates paid
to a prepaid health plan under contract with the commissioner to reflect
payments provided in this paragraph. The
commissioner may utilize a settlement process to adjust rates in excess of the
Medicare upper limits on payments.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 7. Minnesota Statutes 2008, section 256.969, is
amended by adding a subdivision to read:
Subd. 31. Hospital
payment adjustment after June 30, 2010.
(a) For medical assistance admissions occurring on or after July
1, 2010, to March 31, 2011, the commissioner shall increase rates at Minnesota
private, not-for-profit hospitals as follows:
(1) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 50 percent, payment rates for inpatient hospital services shall be
increased for each admission by $250 multiplied by 437 percent;
(2) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 40 percent but less than 50 percent, payment rates for inpatient
hospital services shall be increased for each admission by $250 multiplied by
349.6 percent; and
(3) for a
hospital with total admissions reimbursed by government payers of less than 40
percent, payment rates for inpatient hospital services shall be increased for
each admission by $250 multiplied by 262.2 percent.
(b) For
medical assistance admissions occurring on or after April 1, 2011, the
commissioner shall increase rates at Minnesota private, not-for-profit
hospitals as follows:
(1) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 50 percent, payment rates for inpatient hospital services shall be
increased for each admission by $250 multiplied by 145 percent;
(2) for a
hospital with total admissions reimbursed by government payers equal to or
greater than 40 percent but less than 50 percent, payment rates for inpatient
hospital services shall be increased for each admission by $250 multiplied by
116 percent; and
(3) for a
hospital with total admissions reimbursed by government payers of less than 40
percent, payment rates for inpatient hospital services shall be increased for
each admission by $250 multiplied by 87 percent.
(c) For
purposes of paragraphs (a) and (b), "government payers" means
Medicare, medical assistance, MinnesotaCare, and general assistance medical
care.
(d) For
medical assistance admissions occurring on or after July 1, 2010, to March 31,
2011, the commissioner shall increase rates for inpatient hospital services at
Minnesota hospitals by $850 for each admission.
For medical assistance admissions occurring on or after April 1, 2011,
the payment under this paragraph shall be reduced to $320 per admission.
(e) For
purposes of this subdivision, medical assistance does not include general assistance
medical care. The commissioner shall not
adjust rates paid to a prepaid health plan under contract with the commissioner
to reflect payments provided in this subdivision. The commissioner may utilize a settlement
process to adjust rates in excess of the Medicare upper limits on payments.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 8. Minnesota Statutes 2008, section 256B.055, is
amended by adding a subdivision to read:
Subd. 15. Adults
without children. Medical
assistance may be paid for a person who is:
(1) at least
age 21 and under age 65;
(2) not
pregnant;
(3) not
entitled to Medicare Part A or enrolled in Medicare Part B under Title XVIII of
the Social Security Act;
(4) not an
adult in a family with children as defined in section 256L.01, subdivision 3a;
and
(5) not
described in another subdivision of this section.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 9. Minnesota Statutes 2008, section 256B.056,
subdivision 3, is amended to read:
Subd. 3. Asset
limitations for individuals and families.
(a) To be eligible for medical assistance, a person must not
individually own more than $3,000 in assets, or if a member of a household with
two family members, husband and wife, or parent and child, the household must
not own more than $6,000 in assets, plus $200 for each additional legal
dependent. In addition to these maximum
amounts, an eligible individual or family may accrue interest on these amounts,
but they must be reduced to the maximum at the time of an eligibility
redetermination. The accumulation of the
clothing and personal needs allowance according to section 256B.35 must also be
reduced to the maximum at the time of the eligibility redetermination. The value of assets that are not considered
in determining eligibility for medical assistance is the value of those assets
excluded under the supplemental security income program for aged, blind, and
disabled persons, with the following exceptions:
(1)
household goods and personal effects are not considered;
(2) capital
and operating assets of a trade or business that the local agency determines
are necessary to the person's ability to earn an income are not considered;
(3) motor
vehicles are excluded to the same extent excluded by the supplemental security
income program;
(4) assets
designated as burial expenses are excluded to the same extent excluded by the
supplemental security income program. Burial
expenses funded by annuity contracts or life insurance policies must
irrevocably designate the individual's estate as contingent beneficiary to the
extent proceeds are not used for payment of selected burial expenses; and
(5)
effective upon federal approval, for a person who no longer qualifies as an
employed person with a disability due to loss of earnings, assets allowed while
eligible for medical assistance under section 256B.057, subdivision 9, are not
considered for 12 months, beginning with the first month of ineligibility as an
employed person with a disability, to the extent that the person's total assets
remain within the allowed limits of section 256B.057, subdivision 9, paragraph
(c).
(b) No
asset limit shall apply to persons eligible under section 256B.055, subdivision
15.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 10. Minnesota Statutes 2008, section 256B.056,
subdivision 4, is amended to read:
Subd. 4. Income. (a) To be eligible for medical
assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and
12, may have income up to 100 percent of the federal poverty guidelines. Effective January 1, 2000, and each
successive January, recipients of supplemental security income may have an
income up to the supplemental security income standard in effect on that date.
(b) To be
eligible for medical assistance, families and children may have an income up to
133-1/3 percent of the AFDC income standard in effect under the July 16, 1996,
AFDC state plan. Effective July 1, 2000,
the base AFDC standard in effect on July 16, 1996, shall be increased by three
percent.
(c)
Effective July 1, 2002, to be eligible for medical assistance, families and
children may have an income up to 100 percent of the federal poverty guidelines
for the family size.
(d) Effective
June 1, 2010, to be eligible for medical assistance under section 256B.055,
subdivision 15, a person may have an income up to 75 percent of federal poverty
guidelines for the family size.
(e) In
computing income to determine eligibility of persons under paragraphs (a) to (c)
(d) who are not residents of long-term care facilities, the commissioner
shall disregard increases in income as required by Public Law Numbers 94-566,
section 503; 99-272; and 99-509. Veterans
aid and attendance benefits and Veterans Administration unusual medical expense
payments are considered income to the recipient.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 11. Minnesota Statutes 2008, section 256B.0625,
subdivision 8, is amended to read:
Subd. 8. Physical
therapy. Medical assistance covers
physical therapy and related services, including specialized maintenance
therapy. Authorization by the
commissioner is required to provide medically necessary services to a recipient
beyond any of the following onetime service thresholds, or a lower threshold
where one has been established by the commissioner for a specified service: (1) 80 units of any approved CPT code other
than modalities; (2) 20 modality sessions; and (3) three evaluations or
reevaluations. Services provided by
a physical therapy assistant shall be reimbursed at the same rate as services
performed by a physical therapist when the services of the physical therapy
assistant are provided under the direction of a physical therapist who is on
the premises. Services provided by a
physical therapy assistant that are provided under the direction of a physical
therapist who is not on the premises shall be reimbursed at 65 percent of the
physical therapist rate.
EFFECTIVE DATE. This
section is effective July 1, 2010, for services provided through
fee-for-service, and January 1, 2011, for services provided through managed
care.
Sec. 12. Minnesota Statutes 2008, section 256B.0625,
subdivision 8a, is amended to read:
Subd. 8a. Occupational
therapy. Medical assistance covers
occupational therapy and related services, including specialized maintenance
therapy. Authorization by the
commissioner is required to provide medically necessary services to a recipient
beyond any of the following onetime service thresholds, or a lower threshold
where one has been established by the commissioner for a specified service: (1) 120 units of any combination of approved
CPT codes; and (2) two evaluations or reevaluations. Services provided by an occupational therapy
assistant shall be reimbursed at the same rate as services performed by an
occupational therapist when the services of the
occupational
therapy assistant are provided under the direction of the occupational
therapist who is on the premises. Services
provided by an occupational therapy assistant that are provided under the
direction of an occupational therapist who is not on the premises shall be
reimbursed at 65 percent of the occupational therapist rate.
EFFECTIVE DATE. This
section is effective July 1, 2010, for services provided through fee-for-service,
and January 1, 2011, for services provided through managed care.
Sec. 13. Minnesota Statutes 2008, section 256B.0625,
subdivision 8b, is amended to read:
Subd. 8b. Speech
language pathology and audiology services.
Medical assistance covers speech language pathology and related
services, including specialized maintenance therapy. Authorization by the commissioner is
required to provide medically necessary services to a recipient beyond any of
the following onetime service thresholds, or a lower threshold where one has
been established by the commissioner for a specified service: (1) 50 treatment sessions with any
combination of approved CPT codes; and (2) one evaluation. Medical assistance covers audiology services
and related services. Services provided
by a person who has been issued a temporary registration under section 148.5161
shall be reimbursed at the same rate as services performed by a speech language
pathologist or audiologist as long as the requirements of section 148.5161, subdivision
3, are met.
EFFECTIVE DATE. This
section is effective July 1, 2010, for services provided through
fee-for-service, and January 1, 2011, for services provided through managed
care.
Sec. 14. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 8d. Chiropractic
services. Payment for
chiropractic services is limited to one annual evaluation and 12 visits per
year unless prior authorization of a greater number of visits is obtained.
Sec. 15. Minnesota Statutes 2009 Supplement, section
256B.0625, subdivision 13h, is amended to read:
Subd. 13h. Medication
therapy management services. (a)
Medical assistance and general assistance medical care cover medication therapy
management services for a recipient taking four or more prescriptions to treat
or prevent two or more chronic medical conditions, or a recipient with a drug
therapy problem that is identified or prior authorized by the commissioner that
has resulted or is likely to result in significant nondrug program costs. The commissioner may cover medical therapy
management services under MinnesotaCare if the commissioner determines this is
cost-effective. For purposes of this
subdivision, "medication therapy management" means the provision of
the following pharmaceutical care services by a licensed pharmacist to optimize
the therapeutic outcomes of the patient's medications:
(1)
performing or obtaining necessary assessments of the patient's health status;
(2)
formulating a medication treatment plan;
(3)
monitoring and evaluating the patient's response to therapy, including safety
and effectiveness;
(4)
performing a comprehensive medication review to identify, resolve, and prevent
medication-related problems, including adverse drug events;
(5) documenting
the care delivered and communicating essential information to the patient's
other primary care providers;
(6)
providing verbal education and training designed to enhance patient
understanding and appropriate use of the patient's medications;
(7)
providing information, support services, and resources designed to enhance
patient adherence with the patient's therapeutic regimens; and
(8)
coordinating and integrating medication therapy management services within the
broader health care management services being provided to the patient.
Nothing in
this subdivision shall be construed to expand or modify the scope of practice
of the pharmacist as defined in section 151.01, subdivision 27.
(b) To be
eligible for reimbursement for services under this subdivision, a pharmacist
must meet the following requirements:
(1) have a
valid license issued under chapter 151;
(2) have
graduated from an accredited college of pharmacy on or after May 1996, or
completed a structured and comprehensive education program approved by the
Board of Pharmacy and the American Council of Pharmaceutical Education for the
provision and documentation of pharmaceutical care management services that has
both clinical and didactic elements;
(3) be
practicing in an ambulatory care setting as part of a multidisciplinary team or
have developed a structured patient care process that is offered in a private
or semiprivate patient care area that is separate from the commercial business
that also occurs in the setting, or in home settings, excluding long-term care
and group homes, if the service is ordered by the provider-directed care
coordination team; and
(4) make
use of an electronic patient record system that meets state standards.
(c) For
purposes of reimbursement for medication therapy management services, the
commissioner may enroll individual pharmacists as medical assistance and
general assistance medical care providers.
The commissioner may also establish contact requirements between the
pharmacist and recipient, including limiting the number of reimbursable
consultations per recipient.
(d) If
there are no pharmacists who meet the requirements of paragraph (b) practicing
within a reasonable geographic distance of the patient, a pharmacist who meets
the requirements may provide the services via two-way interactive video. Reimbursement shall be at the same rates and
under the same conditions that would otherwise apply to the services provided. To qualify for reimbursement under this
paragraph, the pharmacist providing the services must meet the requirements of
paragraph (b), and must be located within an ambulatory care setting approved
by the commissioner. The patient must
also be located within an ambulatory care setting approved by the commissioner. Services provided under this paragraph may
not be transmitted into the patient's residence.
(e) The
commissioner shall establish a pilot project for an intensive medication
therapy management program for patients identified by the commissioner with
multiple chronic conditions and a high number of medications who are at high
risk of preventable hospitalizations, emergency room use, medication
complications, and suboptimal treatment outcomes due to medication-related
problems. For purposes of the pilot
project, medication therapy management services may be provided in a patient's
home or community setting, in addition to other authorized settings. The commissioner may waive existing payment
policies and establish special payment rates for the pilot project. The pilot project must be designed to produce
a net savings to the state compared to the estimated costs that would otherwise be incurred for similar patients
without the program. The pilot project
must begin by January 1, 2010, and end June 30, 2012.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 16. Minnesota Statutes 2008, section 256B.0625,
subdivision 18a, is amended to read:
Subd. 18a. Access
to medical services. (a) Medical
assistance reimbursement for meals for persons traveling to receive medical care
may not exceed $5.50 for breakfast, $6.50 for lunch, or $8 for dinner.
(b) Medical
assistance reimbursement for lodging for persons traveling to receive medical
care may not exceed $50 per day unless prior authorized by the local agency.
(c) Medical
assistance direct mileage reimbursement to the eligible person or the eligible
person's driver may not exceed 20 cents per mile.
(d)
Regardless of the number of employees that an enrolled health care provider may
have, medical assistance covers sign and oral language interpreter services
when provided by an enrolled health care provider during the course of
providing a direct, person-to-person covered health care service to an enrolled
recipient with limited English proficiency or who has a hearing loss and uses
interpreting services. Coverage for
face-to-face oral language interpreter services shall be provided only if the
oral language interpreter used by the enrolled health care provider is listed
in the registry or roster established under section 144.058.
EFFECTIVE DATE. This section
is effective January 1, 2011.
Sec. 17. Minnesota Statutes 2008, section 256B.0625,
subdivision 31, is amended to read:
Subd. 31. Medical
supplies and equipment. Medical
assistance covers medical supplies and equipment. Separate payment outside of the facility's
payment rate shall be made for wheelchairs and wheelchair accessories for
recipients who are residents of intermediate care facilities for the
developmentally disabled. Reimbursement
for wheelchairs and wheelchair accessories for ICF/MR recipients shall be
subject to the same conditions and limitations as coverage for recipients who
do not reside in institutions. A
wheelchair purchased outside of the facility's payment rate is the property of
the recipient. The commissioner may
set reimbursement rates for specified categories of medical supplies at levels
below the Medicare payment rate.
Sec. 18. Minnesota Statutes 2008, section 256B.0625,
is amended by adding a subdivision to read:
Subd. 54. Services
provided in birth centers. (a)
Medical assistance covers services provided in a licensed birth center by a
licensed health professional if the service would otherwise be covered if
provided in a hospital.
(b) Facility
services provided by a birth center shall be paid at the lower of billed
charges or 70 percent of the statewide average for a facility payment rate made
to a hospital for an uncomplicated vaginal birth as determined using the most
recent calendar year for which complete claims data is available. If a recipient is transported from a birth
center to a hospital prior to the delivery, the payment for facility services
to the birth center shall be the lower of billed charges or 15 percent of the
average facility payment made to a hospital for the services provided for an
uncomplicated vaginal delivery as determined using the most recent calendar
year for which complete claims data is available.
(c) Nursery
care services provided by a birth center shall be paid the lower of billed
charges or 70 percent of the statewide average for a payment rate paid to a
hospital for nursery care as determined by using the most recent calendar year
for which complete claims data is available.
(d)
Professional services provided by traditional midwives licensed under chapter
147D shall be paid at the lower of billed charges or 100 percent of the rate
paid to a physician performing the same services. If a recipient is transported from a birth
center to a hospital prior to the delivery, a licensed traditional midwife who
does not perform the delivery may not bill for any delivery services. Services are not covered if provided by an
unlicensed traditional midwife.
(e) The
commissioner shall apply for any necessary waivers from the Centers for
Medicare and Medicaid Services to allow birth centers and birth center
providers to be reimbursed.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 19. Minnesota Statutes 2008, section 256B.0631,
subdivision 1, is amended to read:
Subdivision
1. Co-payments. (a) Except as provided in subdivision 2,
the medical assistance benefit plan shall include the following co-payments for
all recipients, effective for services provided on or after October 1, 2003,
and before January 1, 2009:
(1) $3 per
nonpreventive visit. For purposes of
this subdivision, a visit means an episode of service which is required because
of a recipient's symptoms, diagnosis, or established illness, and which is
delivered in an ambulatory setting by a physician or physician ancillary,
chiropractor, podiatrist, nurse midwife, advanced practice nurse, audiologist,
optician, or optometrist;
(2) $3 for
eyeglasses;
(3) $6 for
nonemergency visits to a hospital-based emergency room; and
(4) $3 per
brand-name drug prescription and $1 per generic drug prescription, subject to a
$12 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness.
(b) Except
as provided in subdivision 2, the medical assistance benefit plan shall include
the following co-payments for all recipients, effective for services provided
on or after January 1, 2009:
(1) $6
$3.50 for nonemergency visits to a hospital-based emergency room;
(2) $3 per
brand-name drug prescription and $1 per generic drug prescription, subject to a
$7 per month maximum for prescription drug co-payments. No co-payments shall apply to antipsychotic
drugs when used for the treatment of mental illness; and
(3) for
individuals identified by the commissioner with income at or below 100 percent
of the federal poverty guidelines, total monthly co-payments must not exceed
five percent of family income. For
purposes of this paragraph, family income is the total earned and unearned
income of the individual and the individual's spouse, if the spouse is enrolled
in medical assistance and also subject to the five percent limit on
co-payments.
(c)
Recipients of medical assistance are responsible for all co-payments in this
subdivision.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 20. Minnesota Statutes 2008, section 256B.0631,
subdivision 3, is amended to read:
Subd. 3. Collection. (a) The medical assistance reimbursement
to the provider shall be reduced by the amount of the co-payment, except that
reimbursements shall not be reduced:
(1) once a recipient has reached the $12 per month maximum or the $7 per
month maximum effective January 1, 2009, for prescription drug co-payments;
or
(2) for a
recipient identified by the commissioner under 100 percent of the federal
poverty guidelines who has met their monthly five percent co-payment limit.
(b) The
provider collects the co-payment from the recipient. Providers may not deny services to recipients
who are unable to pay the co-payment.
(c) Medical
assistance reimbursement to fee-for-service providers and payments to managed
care plans shall not be increased as a result of the removal of the
co-payments effective on or after January 1, 2009.
Sec. 21. Minnesota Statutes
2008, section 256B.0644, as amended by Laws 2010, chapter 200, article 1,
section 6, is amended to read:
256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE
PROGRAMS.
(a) A vendor
of medical care, as defined in section 256B.02, subdivision 7, and a health
maintenance organization, as defined in chapter 62D, must participate as a
provider or contractor in the medical assistance program, general assistance
medical care program, and MinnesotaCare as a condition of participating as a
provider in health insurance plans and programs or contractor for state
employees established under section 43A.18, the public employees insurance
program under section 43A.316, for health insurance plans offered to local
statutory or home rule charter city, county, and school district employees, the
workers' compensation system under section 176.135, and insurance plans
provided through the Minnesota Comprehensive Health Association under sections
62E.01 to 62E.19. The limitations on
insurance plans offered to local government employees shall not be applicable
in geographic areas where provider participation is limited by managed care
contracts with the Department of Human Services.
(b) For
providers other than health maintenance organizations, participation in the
medical assistance program means that:
(1) the
provider accepts new medical assistance, general assistance medical care, and
MinnesotaCare patients;
(2) for
providers other than dental service providers, at least 20 percent of the
provider's patients are covered by medical assistance, general assistance
medical care, and MinnesotaCare as their primary source of coverage; or
(3) for
dental service providers, at least ten percent of the provider's patients are
covered by medical assistance, general assistance medical care, and
MinnesotaCare as their primary source of coverage, or the provider accepts new
medical assistance and MinnesotaCare patients who are children with special
health care needs. For purposes of this
section, "children with special health care needs" means children up
to age 18 who: (i) require health and
related services beyond that required by children generally; and (ii) have or
are at risk for a chronic physical, developmental, behavioral, or emotional
condition, including: bleeding and
coagulation disorders; immunodeficiency disorders; cancer; endocrinopathy;
developmental disabilities; epilepsy, cerebral palsy, and other neurological
diseases; visual impairment or deafness; Down syndrome and other genetic
disorders; autism; fetal alcohol syndrome; and other conditions designated by
the commissioner after consultation with representatives of pediatric dental
providers and consumers.
(c) Patients
seen on a volunteer basis by the provider at a location other than the
provider's usual place of practice may be considered in meeting the
participation requirement in this section.
The commissioner shall establish participation requirements for health
maintenance organizations. The
commissioner shall provide lists of participating medical assistance providers
on a quarterly basis to the commissioner of management and budget, the
commissioner of labor and industry, and the commissioner of commerce. Each of the commissioners shall develop and
implement procedures to exclude as participating providers in the program or
programs under their jurisdiction those providers who do not participate in the
medical assistance program. The
commissioner of management and budget shall implement this section through
contracts with participating health and dental carriers.
(d) Any
hospital or other provider that is participating in a coordinated care delivery
system under section 256D.031, subdivision 6, or receives payments from the
uncompensated care pool under section 256D.031, subdivision 8, shall not refuse
to provide services to any patient enrolled in general assistance medical care
regardless of the availability or the amount of payment.
(e) For
purposes of paragraphs (a) and (b), participation in the general assistance
medical care program applies only to pharmacy providers.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 22. Minnesota Statutes 2009 Supplement, section
256B.0653, subdivision 5, is amended to read:
Subd. 5. Home
care therapies. (a) Home care
therapies include the following: physical
therapy, occupational therapy, respiratory therapy, and speech and language
pathology therapy services.
(b) Home
care therapies must be:
(1)
provided in the recipient's residence after it has been determined the
recipient is unable to access outpatient therapy;
(2)
prescribed, ordered, or referred by a physician and documented in a plan of
care and reviewed, according to Minnesota Rules, part 9505.0390;
(3)
assessed by an appropriate therapist; and
(4)
provided by a Medicare-certified home health agency enrolled as a Medicaid
provider agency.
(c)
Restorative and specialized maintenance therapies must be provided
according to Minnesota Rules, part 9505.0390.
Physical and occupational therapy assistants may be used as allowed
under Minnesota Rules, part 9505.0390, subpart 1, item B.
(d) For
both physical and occupational therapies, the therapist and the therapist's
assistant may not both bill for services provided to a recipient on the same
day.
Sec. 23. [256B.0755]
HEALTH CARE DELIVERY SYSTEMS DEMONSTRATION PROJECT.
Subdivision
1. Implementation. (a)
The commissioner shall develop and authorize a demonstration project to test
alternative and innovative health care delivery systems, including accountable
care organizations that provide services to a specified patient population for
an agreed upon total cost of care or risk-gain sharing payment arrangement. The commissioner shall develop a request for
proposals for participation in the demonstration project in consultation with
hospitals, primary care providers, health plans, and other key stakeholders.
(b) In
developing the request for proposals, the commissioner shall:
(1)
establish uniform statewide methods of forecasting utilization and cost of care
for the appropriate Minnesota public program populations, to be used by the
commissioner for the health care delivery system projects;
(2)
identify key indicators of quality, access, patient satisfaction, and other
performance indicators that will be measured, in addition to indicators for
measuring cost savings;
(3) allow
maximum flexibility to encourage innovation and variation so that a variety of
provider collaborations are able to become health care delivery systems;
(4)
encourage and authorize different levels and types of financial risk;
(5)
encourage and authorize projects representing a wide variety of geographic
locations, patient populations, provider relationships, and care coordination
models;
(6)
encourage projects that involve close partnerships between the health care
delivery system and counties and nonprofit agencies that provide services to
patients enrolled with the health care delivery system, including social
services, public health, mental health, community-based services, and
continuing care;
(7)
encourage projects established by community hospitals, clinics, and other
providers in rural communities;
(8)
identify required covered services for a total cost of care model or services
considered in whole or partially in an analysis of utilization for a risk/gain
sharing model;
(9)
establish a mechanism to monitor enrollment;
(10)
establish quality standards for the delivery system demonstrations; and
(11)
encourage participation of privately insured population so as to create
sufficient alignment in demonstration systems.
(c) To be
eligible to participate in the demonstration project, a health care delivery
system must:
(1) provide
required covered services and care coordination to recipients enrolled in the
health care delivery system;
(2)
establish a process to monitor enrollment and ensure the quality of care
provided;
(3) in
cooperation with counties and community social service agencies, coordinate the
delivery of health care services with existing social services programs;
(4) provide
a system for advocacy and consumer protection; and
(5) adopt
innovative and cost-effective methods of care delivery and coordination, which
may include the use of allied health professionals, telemedicine, patient
educators, care coordinators, and community health workers.
(d) A
health care delivery system demonstration may be formed by the following groups
of providers of services and suppliers if they have established a mechanism for
shared governance:
(1)
professionals in group practice arrangements;
(2)
networks of individual practices of professionals;
(3)
partnerships or joint venture arrangements between hospitals and ACO
professionals;
(4)
hospitals employing professionals; and
(5) other
groups of providers of services and suppliers as the commissioner determines
appropriate.
A managed
care plan or county-based purchasing plan may participate in this demonstration
in collaboration with one or more of the entities listed in clauses (1) to (5).
A health
care delivery system may contract with a managed care plan or a county-based
purchasing plan to provide administrative services, including the
administration of a payment system using the payment methods established by the
commissioner for health care delivery systems.
(e) The
commissioner may require a health care delivery system to enter into additional
third-party contractual relationships for the assessment of risk and purchase
of stop loss insurance or another form of insurance risk management related to
the delivery of care described in paragraph (c).
Subd. 2. Enrollment. (a) Individuals eligible for medical
assistance or MinnesotaCare shall be eligible for enrollment in a health care
delivery system.
(b) Eligible
applicants and recipients may enroll in a health care delivery system if a
system serves the county in which the applicant or recipient resides. If more than one health care delivery system
serves a county, the applicant or recipient shall be allowed to choose among
the delivery systems. The commissioner
may assign an applicant or recipient to a health care delivery system if a
health care delivery system is available and no choice has been made by the
applicant or recipient.
Subd. 3. Accountability. (a) Health care delivery systems must
accept responsibility for the quality of care based on standards established
under subdivision 1, paragraph (b), clause (10), and the cost of care or
utilization of services provided to its enrollees under subdivision 1,
paragraph (b), clause (1).
(b) A health
care delivery system may contract and coordinate with providers and clinics for
the delivery of services and shall contract with community health clinics,
federally qualified health centers, and rural clinics to the extent
practicable.
Subd. 4. Payment
system. (a) In developing a
payment system for health care delivery systems, the commissioner shall
establish a total cost of care benchmark or a risk/gain sharing payment model
to be paid for services provided to the recipients enrolled in a health care
delivery system.
(b) The
payment system may include incentive payments to health care delivery systems
that meet or exceed annual quality and performance targets realized through the
coordination of care.
(c) An
amount equal to the savings realized to the general fund as a result of the
demonstration project shall be transferred each fiscal year to the health care
access fund.
Subd. 5. Outpatient
prescription drug coverage. Outpatient
prescription drug coverage may be provided through accountable care
organizations only if the delivery method qualifies for federal prescription
drug rebates.
Subd. 6. Federal
approval. The commissioner
shall apply for any federal waivers or other federal approval required to
implement this section. The commissioner
shall also apply for any applicable grant or demonstration under the Patient
Protection and Affordable Health Care Act, Public Law 111-148, or the Health
Care and Education Reconciliation Act of 2010, Public Law 111-152, that would
further the purposes of or assist in the establishment of accountable care
organizations.
Subd. 7. Expansion. The commissioner shall explore the
expansion of the demonstration project to include additional medical assistance
and MinnesotaCare enrollees, and shall seek participation of Medicare in
demonstration projects. The commissioner
shall seek to include participation of privately insured persons and Medicare
recipients in the health care delivery demonstration.
EFFECTIVE DATE. This section
is effective July 1, 2011.
Sec. 24. [256B.0756]
HENNEPIN AND RAMSEY COUNTIES PILOT PROGRAM.
(a) The commissioner,
upon federal approval of a new waiver request or amendment of an existing
demonstration, may establish a pilot program in Hennepin County or Ramsey
County, or both, to test alternative and innovative integrated health care
delivery networks.
(b)
Individuals eligible for the pilot program shall be individuals who are
eligible for medical assistance under Minnesota Statutes, section 256B.055,
subdivision 15, and who reside in Hennepin County or Ramsey County.
(c)
Individuals enrolled in the pilot shall be enrolled in an integrated health
care delivery network in their county of residence. The integrated health care delivery network
in Hennepin County shall be a network, such as an accountable care organization
or a community-based collaborative care network, created by or including
Hennepin County Medical Center. The
integrated health care delivery network in Ramsey County shall be a network,
such as an accountable care organization or community-based collaborative care
network, created by or including Regions Hospital.
(d) The
commissioner shall cap pilot program enrollment at 7,000 enrollees for Hennepin
County and 3,500 enrollees for Ramsey County.
(e) In
developing a payment system for the pilot programs, the commissioner shall
establish a total cost of care for the recipients enrolled in the pilot
programs that equals the cost of care that would otherwise be spent for these
enrollees in the prepaid medical assistance program.
(f)
Counties may transfer funds necessary to support the nonfederal share of
payments for integrated health care delivery networks in their county. Such transfers per county shall not exceed 15
percent of the expected expenses for county enrollees.
(g) The
commissioner shall apply to the federal government for, or as appropriate,
cooperate with counties, providers, or other entities that are applying for any
applicable grant or demonstration under the Patient Protection and Affordable
Health Care Act, Public Law 111-148, or the Health Care and Education
Reconciliation Act of 2010, Public Law 111-152, that would further the purposes
of or assist in the creation of an integrated health care delivery network for
the purposes of this subdivision, including, but not limited to, a global
payment demonstration or the community-based collaborative care network grants.
Sec. 25. Minnesota Statutes 2009 Supplement, section
256B.69, subdivision 5a, is amended to read:
Subd. 5a. Managed
care contracts. (a) Managed care
contracts under this section and sections 256L.12 and 256D.03, shall be entered
into or renewed on a calendar year basis beginning January 1, 1996. Managed care contracts which were in effect
on June 30, 1995, and set to renew on July 1, 1995, shall be renewed for the
period July 1, 1995 through December 31, 1995 at the same terms that were in
effect on June 30, 1995. The
commissioner may issue separate contracts with requirements specific to
services to medical assistance recipients age 65 and older.
(b) A
prepaid health plan providing covered health services for eligible persons
pursuant to chapters 256B, 256D, and 256L, is responsible for complying with
the terms of its contract with the commissioner. Requirements applicable to managed care
programs under chapters 256B, 256D, and 256L, established after the effective
date of a contract with the commissioner take effect when the contract is next
issued or renewed.
(c)
Effective for services rendered on or after January 1, 2003, the commissioner
shall withhold five percent of managed care plan payments under this section
and county-based purchasing plan's payment rate plan payments
under section 256B.692 for the prepaid medical assistance and general
assistance medical care programs pending completion of performance targets. Each performance target must be quantifiable,
objective, measurable, and
reasonably
attainable, except in the case of a performance target based on a federal or
state law or rule. Criteria for
assessment of each performance target must be outlined in writing prior to the
contract effective date. The managed
care plan must demonstrate, to the commissioner's satisfaction, that the data
submitted regarding attainment of the performance target is accurate. The commissioner shall periodically change
the administrative measures used as performance targets in order to improve
plan performance across a broader range of administrative services. The performance targets must include
measurement of plan efforts to contain spending on health care services and
administrative activities. The commissioner
may adopt plan-specific performance targets that take into account factors
affecting only one plan, including characteristics of the plan's enrollee
population. The withheld funds must be
returned no sooner than July of the following year if performance targets in
the contract are achieved. The
commissioner may exclude special demonstration projects under subdivision 23.
(d)
Effective for services rendered on or after January 1, 2009, through December
31, 2009, the commissioner shall withhold three percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance and general assistance
medical care programs. The withheld
funds must be returned no sooner than July 1 and no later than July 31 of the
following year. The commissioner may
exclude special demonstration projects under subdivision 23.
The return
of the withhold under this paragraph is not subject to the requirements of
paragraph (c).
(e)
Effective for services provided on or after January 1, 2010, the commissioner
shall require that managed care plans use the assessment and authorization
processes, forms, timelines, standards, documentation, and data reporting
requirements, protocols, billing processes, and policies consistent with
medical assistance fee-for-service or the Department of Human Services contract
requirements consistent with medical assistance fee-for-service or the
Department of Human Services contract requirements for all personal care
assistance services under section 256B.0659.
(f)
Effective for services rendered on or after January 1, 2010, through December
31, 2010, the commissioner shall withhold 3.5 percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(g)
Effective for services rendered on or after January 1, 2011, the commissioner
shall include as part of the performance targets described in paragraph (c) a
reduction in the health plan's emergency room utilization rate for state health
care program enrollees by a measurable rate of five percent from the plan's
utilization rate for state health care program enrollees for the previous
calendar year.
The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following calendar year if the managed care plan or county-based
purchasing plan demonstrates to the satisfaction of the commissioner that a
reduction in the utilization rate was achieved.
The
withhold described in this paragraph shall continue for each consecutive
contract period until the plan's emergency room utilization rate for state
health care program enrollees is reduced by 25 percent of the plan's emergency
room utilization rate for state health care program enrollees for calendar year
2009. Hospitals shall cooperate with the
health plans in meeting this performance target and shall accept payment
withholds that may be returned to the hospitals if the performance target is
achieved. The commissioner shall
structure the withhold so that the commissioner returns a portion of the
withheld funds in amounts commensurate with achieved reductions in utilization
less than the targeted amount. The
withhold in this paragraph does not apply to county-based purchasing plans.
(g) (h)
Effective for services rendered on or after January 1, 2011, through December
31, 2011, the commissioner shall withhold four percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(h) (i)
Effective for services rendered on or after January 1, 2012, through December
31, 2012, the commissioner shall withhold 4.5 percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(i) (j)
Effective for services rendered on or after January 1, 2013, through December
31, 2013, the commissioner shall withhold 4.5 percent of managed care plan
payments under this section and county-based purchasing plan payments under
section 256B.692 for the prepaid medical assistance program. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(j) (k)
Effective for services rendered on or after January 1, 2014, the commissioner
shall withhold three percent of managed care plan payments under this section
and county-based purchasing plan payments under section 256B.692 for the
prepaid medical assistance and prepaid general assistance medical care programs. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year. The commissioner may exclude special
demonstration projects under subdivision 23.
(k) (l)
A managed care plan or a county-based purchasing plan under section 256B.692
may include as admitted assets under section 62D.044 any amount withheld under
this section that is reasonably expected to be returned.
(l) (m)
Contracts between the commissioner and a prepaid health plan are exempt from
the set-aside and preference provisions of section 16C.16, subdivisions 6,
paragraph (a), and 7.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 26. Minnesota Statutes 2008, section 256B.69, is
amended by adding a subdivision to read:
Subd. 5k. Rate
modifications. For services
rendered on or after October 1, 2010, the total payment made to managed care
plans and county-based purchasing plans under the medical assistance program
shall be increased by 1.28 percent.
EFFECTIVE DATE. This
section is effective October 1, 2010.
Sec. 27. Minnesota Statutes 2008, section 256B.69,
subdivision 20, as amended by Laws 2010, chapter 200, article 1, section 10, is
amended to read:
Subd. 20. Ombudsperson. (a) 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 care coordination delivery system under section 256D.031. The ombudsperson shall advocate for
recipients enrolled in a care coordination delivery system through the state
appeal process and assist enrollees in accessing necessary medical services
through the care coordination delivery systems directly or by referral to
appropriate services. At the time of
enrollment in a care coordination delivery system, the local agency shall
inform recipients about the ombudsperson program.
Sec. 28. Minnesota Statutes 2008, section 256B.69,
subdivision 27, is amended to read:
Subd. 27. Information
for persons with limited English-language proficiency. Managed care contracts entered into under
this section and sections 256D.03, subdivision 4, paragraph (c), and section
256L.12 must require demonstration providers to provide language assistance to
enrollees that ensures meaningful access to its programs and services according
to Title VI of the Civil Rights Act and federal regulations adopted under that
law or any guidance from the United States Department of Health and Human
Services.
EFFECTIVE DATE. This section
is effective retroactively from April 1, 2010.
Sec. 29. Minnesota Statutes 2008, section 256B.692,
subdivision 1, is amended to read:
Subdivision
1. In
general. County boards or groups of
county boards may elect to purchase or provide health care services on behalf
of persons eligible for medical assistance and general assistance medical
care who would otherwise be required to or may elect to participate in the
prepaid medical assistance or prepaid general assistance medical care
programs according to sections section 256B.69 and 256D.03. Counties that elect to purchase or provide
health care under this section must provide all services included in prepaid managed
care programs according to sections section 256B.69, subdivisions
1 to 22, and 256D.03. County-based
purchasing under this section is governed by section 256B.69, unless otherwise
provided for under this section.
EFFECTIVE DATE. This section
is effective retroactively from April 1, 2010.
Sec. 30. Minnesota Statutes 2009 Supplement, section
256B.76, subdivision 1, is amended to read:
Subdivision
1. Physician
reimbursement. (a) Effective for
services rendered on or after October 1, 1992, the commissioner shall make
payments for physician services as follows:
(1) payment
for level one Centers for Medicare and Medicaid Services' common procedural
coding system codes titled "office and other outpatient services,"
"preventive medicine new and established patient," "delivery,
antepartum, and postpartum care," "critical care," cesarean
delivery and pharmacologic management provided to psychiatric patients, and
level three codes for enhanced services for prenatal high risk, shall be paid
at the lower of (i) submitted charges, or (ii) 25 percent above the rate in
effect on June 30, 1992. If the rate on
any procedure code within these categories is different than the rate that
would have been paid under the methodology in section 256B.74, subdivision 2,
then the larger rate shall be paid;
(2) payments
for all other services shall be paid at the lower of (i) submitted charges, or
(ii) 15.4 percent above the rate in effect on June 30, 1992; and
(3) all
physician rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above
increases except that payment rates for home health agency services shall be
the rates in effect on September 30, 1992.
(b)
Effective for services rendered on or after January 1, 2000, payment rates for
physician and professional services shall be increased by three percent over
the rates in effect on December 31, 1999, except for home health agency and
family planning agency services. The
increases in this paragraph shall be implemented January 1, 2000, for managed
care.
(c)
Effective for services rendered on or after July 1, 2009, payment rates for
physician and professional services shall be reduced by five percent over the
rates in effect on June 30, 2009. This
reduction does and the reductions in paragraph (d) do not apply
to office or other outpatient visits, preventive medicine visits and family
planning visits billed by physicians, advanced practice nurses, or physician
assistants in a family planning agency or in one of the following primary care
practices: general practice, general
internal medicine, general pediatrics, general geriatrics, and family medicine. This reduction does and the
reductions in paragraph (d) do not apply to federally qualified health
centers, rural health centers, and Indian health services. Effective October 1, 2009, payments made to
managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the payment reduction described in this
paragraph.
(d)
Effective for services rendered on or after July 1, 2010, payment rates for
physician and professional services shall be reduced an additional seven
percent over the rates described in paragraph (c). This additional reduction does not apply to
physical therapy services, occupational therapy services, and speech pathology
and related services provided on or after July 1, 2010. This additional reduction does not apply to
physician services billed by a psychiatrist or advanced practice nurse with a
specialty in mental health. Effective
October 1, 2010, payments made to managed care plans and county-based
purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect
the payment reduction described in this paragraph.
(e)
Effective for services rendered on or after October 1, 2010, payment rates for
physician and professional services billed by physicians employed by and
clinics owned by a nonprofit health maintenance organization shall be increased
by 25 percent. Effective October 1,
2010, payments made to managed care plans and county-based purchasing plans
under sections 256B.69, 256B.692, and 256L.12, shall reflect the payment
increase described in this paragraph.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 31. Minnesota Statutes 2008, section 256B.76,
subdivision 2, is amended to read:
Subd. 2. Dental
reimbursement. (a) Effective for
services rendered on or after October 1, 1992, the commissioner shall make
payments for dental services as follows:
(1) dental
services shall be paid at the lower of (i) submitted charges, or (ii) 25
percent above the rate in effect on June 30, 1992; and
(2) dental
rates shall be converted from the 50th percentile of 1982 to the 50th
percentile of 1989, less the percent in aggregate necessary to equal the above
increases.
(b)
Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments
shall be the lower of (1) submitted charge, or (2) 80 percent of median
1997 charges.
(c) Effective
for services rendered on or after January 1, 2000, payment rates for dental
services shall be increased by three percent over the rates in effect on
December 31, 1999.
(d)
Effective for services provided on or after January 1, 2002, payment for diagnostic
examinations and dental x-rays provided to children under age 21 shall be the
lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.
(e) The
increases listed in paragraphs (b) and (c) shall be implemented January 1,
2000, for managed care.
(f)
Effective for dental services rendered on or after October 1, 2010, by a
state-operated dental clinic, payment shall be paid on a reasonable cost basis
that is based on the Medicare principles of reimbursement. This payment shall be effective for services
rendered on or after January 1, 2011, to recipients enrolled in managed care
plans or county-based purchasing plans.
(g)
Beginning in fiscal year 2011, if the payments to state-operated dental clinics
in paragraph (f), including state and federal shares, are less than $1,850,000
per fiscal year, a supplemental state payment equal to the difference between
the total payments in paragraph (f) and $1,850,000 shall be paid from the
general fund to state-operated services for the operation of the dental
clinics.
(h) If the
cost-based payment system for state-operated dental clinics described in
paragraph (f) does not receive federal approval, then state-operated dental
clinics shall be designated as critical access dental providers under subdivision
4, paragraph (b), and shall receive the critical access dental reimbursement
rate as described under subdivision 4, paragraph (a).
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 32. Minnesota Statutes 2008, section 256B.76, subdivision
4, is amended to read:
Subd. 4. Critical access dental providers. (a) Effective for dental services
rendered on or after January 1, 2002, the commissioner shall increase
reimbursements to dentists and dental clinics deemed by the commissioner to be
critical access dental providers. For
dental services rendered on or after July 1, 2007, the commissioner shall
increase reimbursement by 30 percent above the reimbursement rate that would
otherwise be paid to the critical access dental provider. The commissioner shall pay the health plan
companies managed care plans and county‑based purchasing plans in
amounts sufficient to reflect increased reimbursements to critical access
dental providers as approved by the commissioner. In determining which dentists and dental
clinics shall be deemed critical access dental providers, the commissioner
shall review:
(b) The
commissioner shall designate the following dentists and dental clinics as
critical access dental providers:
(1) the
utilization rate in the service area in which the dentist or dental clinic
operates for dental services to patients covered by medical assistance, general
assistance medical care, or MinnesotaCare as their primary source of coverage
nonprofit community clinics that:
(i) have nonprofit
status in accordance with chapter 317A;
(ii) have
tax exempt status in accordance with the Internal Revenue Code, section
501(c)(3);
(iii) are
established to provide oral health services to patients who are low income,
uninsured, have special needs, and are underserved;
(iv) have
professional staff familiar with the cultural background of the clinic's
patients;
(v) charge
for services on a sliding fee scale designed to provide assistance to
low-income patients based on current poverty income guidelines and family size;
(vi) do not
restrict access or services because of a patient's financial limitations or
public assistance status; and
(vii) have
free care available as needed;
(2) the
level of services provided by the dentist or dental clinic to patients covered
by medical assistance, general assistance medical care, or MinnesotaCare as
their primary source of coverage federally qualified health centers,
rural health clinics, and public health clinics; and
(3) whether
the level of services provided by the dentist or dental clinic is critical to
maintaining adequate levels of patient access within the service area county
owned and operated hospital-based dental clinics;
(4) a
dental clinic or dental group owned and operated by a nonprofit corporation in
accordance with chapter 317A with more than 10,000 patient encounters per year
with patients who are uninsured or covered by medical assistance, general
assistance medical care, or MinnesotaCare; and
(5) a
dental clinic associated with an oral health or dental education program
operated by the University of Minnesota or an institution within the Minnesota
State Colleges and Universities system.
In the
absence of a critical access dental provider in a service area, (c)
The commissioner may designate a dentist or dental clinic as a critical access
dental provider if the dentist or dental clinic is willing to provide care to
patients covered by medical assistance, general assistance medical care, or
MinnesotaCare at a level which significantly increases access to dental care in
the service area.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 33. Minnesota Statutes 2009 Supplement, section
256B.766, is amended to read:
256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
(a) Effective
for services provided on or after July 1, 2009, total payments for basic care
services, shall be reduced by three percent, prior to third-party liability and
spenddown calculation. This reduction
applies to physical therapy services, occupational therapy services, and speech
language pathology and related services provided on or after July 1, 2010. Effective July 1, 2010, the commissioner
shall classify physical therapy services, occupational therapy services, and speech language pathology and related services as
basic care services. Effective October
1, 2010, payments made to managed care and county-based purchasing plans
shall reflect the July 1, 2010, payment adjustments in this paragraph. Payments made to managed care plans and
county-based purchasing plans shall be reduced for services provided on or
after October 1, 2009, to reflect this reduction.
(b) This
section does not apply to physician and professional services, inpatient
hospital services, family planning services, mental health services, dental
services, prescription drugs, medical transportation, federally qualified
health centers, rural health centers, Indian health services, and Medicare
cost-sharing.
Sec. 34. [256B.767]
MEDICARE PAYMENT LIMIT.
Effective
for services rendered on or after July 1, 2010, fee-for-service payment rates
for physician and professional services under section 256B.76, subdivision 1,
and basic care services subject to the rate reduction specified in section
256B.766, shall not exceed the Medicare payment rate for the applicable service. The commissioner shall implement this section
after any other rate adjustment that is effective July 1, 2010, and shall
reduce rates under this section by first reducing or eliminating provider rate
add-ons.
Sec. 35. Minnesota Statutes 2009 Supplement, section
256D.03, subdivision 3, as amended by Laws 2010, chapter 200, article 1,
section 11, is amended to read:
Subd. 3. General
assistance medical care; eligibility. (a)
Beginning April 1, 2010, the general assistance medical care program shall be
administered according to section 256D.031, unless otherwise stated, except for
outpatient prescription drug coverage, which shall continue to be administered
under this section and funded under section 256D.031, subdivision 9, beginning
June 1, 2010.
(b) Outpatient prescription drug coverage under general assistance
medical care is limited to prescription drugs that:
(1) are
covered under the medical assistance program as described in section 256B.0625,
subdivisions 13 and 13d; and
(2) are
provided by manufacturers that have fully executed general assistance medical
care rebate agreements with the commissioner and comply with the agreements. Outpatient prescription drug coverage under
general assistance medical care must conform to coverage under the medical
assistance program according to section 256B.0625, subdivisions 13 to 13g
13h.
(c)
Outpatient prescription drug coverage does not include drugs administered in a
clinic or other outpatient setting.
(d) For the
period beginning April 1, 2010, to May 31, 2010, general assistance medical
care covers the services listed in subdivision 4.
EFFECTIVE DATE. This section
is effective retroactively from April 1, 2010.
Sec. 36. Minnesota Statutes 2008, section 256D.03,
subdivision 3b, is amended to read:
Subd. 3b. Cooperation. (a) General assistance or
general assistance medical care applicants and recipients must cooperate
with the state and local agency to identify potentially liable third-party
payors and assist the state in obtaining third-party payments. Cooperation includes identifying any third
party who may be liable for care and services provided under this chapter to
the applicant, recipient, or any other family member for whom application is
made and providing relevant information to assist the state in pursuing a
potentially liable third party. General
assistance medical care applicants and recipients must cooperate by providing
information about any group health plan in which they may be eligible to enroll. They must cooperate with the state and local
agency in determining if the plan is cost-effective. For purposes of this subdivision, coverage
provided by the Minnesota Comprehensive Health Association under chapter 62E
shall not be considered group health plan coverage or cost-effective by the
state and local agency. If the plan is
determined cost-effective and the premium will be paid by the state or local
agency or is available at no cost to the person, they must enroll or remain
enrolled in the group health plan. Cost-effective
insurance premiums approved for payment by the state agency and paid by the
local agency are eligible for reimbursement according to subdivision 6.
(b)
Effective for all premiums due on or after June 30, 1997, general assistance
medical care does not cover premiums that a recipient is required to pay under
a qualified or Medicare supplement plan issued by the Minnesota Comprehensive
Health Association. General assistance
medical care shall continue to cover premiums for recipients who are covered
under a plan issued by the Minnesota Comprehensive Health Association on June
30, 1997, for a period of six months following receipt of the notice of
termination or until December 31, 1997, whichever is later.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 37. Minnesota Statutes
2008, section 256D.031, subdivision 5, as added by Laws 2010, chapter 200,
article 1, section 12, subdivision 5, is amended to read:
Subd. 5. Payment
rates and contract modification; April 1, 2010, to May 31 June 30,
2010. (a) For the period April 1,
2010, to May 31 June 30, 2010, general assistance medical care
shall be paid on a fee-for-service basis.
Fee-for-service payment rates for services other than outpatient
prescription drugs shall be set at 37 percent of the payment rate in effect on
March 31, 2010, except that for the period June 1, 2010, to June 30, 2010,
fee-for-service payment rates for services other than prescription drugs shall
be set at 27 percent of the payment rate in effect on March 31, 2010.
(b)
Outpatient prescription drugs covered under section 256D.03, subdivision 3,
provided on or after April 1, 2010, to May 31 June 30,
2010, shall be paid on a fee-for-service basis according to section 256B.0625,
subdivisions 13 to 13g.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 38. Minnesota Statutes 2009 Supplement, section
256L.03, subdivision 5, is amended to read:
Subd. 5. Co-payments
and coinsurance. (a) Except as
provided in paragraphs (b) and (c), the MinnesotaCare benefit plan shall
include the following co-payments and coinsurance requirements for all
enrollees:
(1) ten
percent of the paid charges for inpatient hospital services for adult
enrollees, subject to an annual inpatient out-of-pocket maximum of $1,000 per
individual;
(2) $3 per
prescription for adult enrollees;
(3) $25 for
eyeglasses for adult enrollees;
(4) $3 per
nonpreventive visit. For purposes of
this subdivision, a "visit" means an episode of service which is
required because of a recipient's symptoms, diagnosis, or established illness,
and which is delivered in an ambulatory setting by a physician or physician
ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist; and
(5) $6 for
nonemergency visits to a hospital-based emergency room for services provided
through December 31, 2010, and $3.50 effective January 1, 2011.
(b)
Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21.
(c)
Paragraph (a) does not apply to pregnant women and children under the age of
21.
(d)
Paragraph (a), clause (4), does not apply to mental health services.
(e) Adult enrollees
with family gross income that exceeds 200 percent of the federal poverty
guidelines or 215 percent of the federal poverty guidelines on or after July 1,
2009, and who are not pregnant shall be financially responsible for the
coinsurance amount, if applicable, and amounts which exceed the $10,000
inpatient hospital benefit limit.
(f) When a
MinnesotaCare enrollee becomes a member of a prepaid health plan, or changes
from one prepaid health plan to another during a calendar year, any charges
submitted towards the $10,000 annual inpatient benefit limit, and any
out-of-pocket expenses incurred by the enrollee for inpatient services, that
were submitted or incurred prior to enrollment, or prior to the change in
health plans, shall be disregarded.
(g) MinnesotaCare
reimbursements to fee-for-service providers and payments to managed care plans
or county-based purchasing plans shall not be increased as a result of the
reduction of the co-payments in paragraph (a), clause (5), effective
January 1, 2011.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 39. Minnesota Statutes 2008, section 256L.11,
subdivision 6, is amended to read:
Subd. 6. Enrollees
18 or older. Payment by the
MinnesotaCare program for inpatient hospital services provided to MinnesotaCare
enrollees eligible under section 256L.04, subdivision 7, or who qualify under
section 256L.04, subdivisions 1 and 2, with family gross income that exceeds
175 percent of the federal poverty guidelines and who are not pregnant, who are
18 years old or older on the date of admission to the inpatient hospital must
be in accordance with paragraphs (a) and (b).
Payment for adults who are not pregnant and are eligible under section
256L.04, subdivisions 1 and 2, and whose incomes are equal to or less than 175
percent of the federal poverty guidelines, shall be as provided for under
paragraph (c).
(a) If the
medical assistance rate minus any co-payment required under section 256L.03,
subdivision 4, is less than or equal to the amount remaining in the enrollee's
benefit limit under section 256L.03, subdivision 3, payment must be the medical
assistance rate minus any co-payment required under section 256L.03,
subdivision 4. The hospital must not
seek payment from the enrollee in addition to the co-payment. The MinnesotaCare payment plus the co-payment
must be treated as payment in full.
(b) If the
medical assistance rate minus any co-payment required under section 256L.03,
subdivision 4, is greater than the amount remaining in the enrollee's benefit
limit under section 256L.03, subdivision 3, payment must be the lesser of:
(1) the
amount remaining in the enrollee's benefit limit; or
(2) charges
submitted for the inpatient hospital services less any co-payment established
under section 256L.03, subdivision 4.
The
hospital may seek payment from the enrollee for the amount by which usual and
customary charges exceed the payment under this paragraph. If payment is reduced under section 256L.03,
subdivision 3, paragraph (b), the hospital may not seek payment from the
enrollee for the amount of the reduction.
(c) For
admissions occurring during the period of July 1, 1997, through June 30, 1998,
for adults who are not pregnant and are eligible under section 256L.04,
subdivisions 1 and 2, and whose incomes are equal to or less than 175 percent
of the federal poverty guidelines, the commissioner shall pay hospitals
directly, up to the medical assistance payment rate, for inpatient hospital
benefits in excess of the $10,000 annual inpatient benefit limit. For admissions occurring on or after July
1, 2011, for single adults and households without children who are eligible
under section 256L.04, subdivision 7, the commissioner shall pay hospitals
directly, up to the medical assistance payment rate, for inpatient hospital
benefits up to the $10,000 annual inpatient benefit limit, minus any co-payment
required under section 256L.03, subdivision 5.
Sec. 40. Minnesota Statutes 2008, section 256L.07, is
amended by adding a subdivision to read:
Subd. 9. Firefighters;
volunteer ambulance attendants. (a)
For purposes of this subdivision, "qualified individual" means:
(1) a
volunteer firefighter with a department as defined in section 299N.01,
subdivision 2, who has passed the probationary period; and
(2) a
volunteer ambulance attendant as defined in section 144E.001, subdivision 15.
(b) A
qualified individual who documents to the satisfaction of the commissioner
status as a qualified individual by completing and submitting a one-page form
developed by the commissioner is eligible for MinnesotaCare without meeting
other eligibility requirements of this chapter, but must pay premiums equal to
the average expected capitation rate for adults with no children paid under
section 256L.12. Individuals eligible
under this subdivision shall receive coverage for the benefit set provided to
adults with no children.
EFFECTIVE DATE. This
section is effective April 1, 2011.
Sec. 41. Minnesota Statutes 2008, section 256L.12,
subdivision 5, is amended to read:
Subd. 5. Eligibility
for other state programs. MinnesotaCare
enrollees who become eligible for medical assistance or general assistance
medical care will remain in the same managed care plan if the managed care
plan has a contract for that population.
Effective January 1, 1998, MinnesotaCare enrollees who were
formerly eligible
for general
assistance medical care pursuant to section 256D.03, subdivision 3, within six
months of MinnesotaCare enrollment and were enrolled in a prepaid health plan
pursuant to section 256D.03, subdivision 4, paragraph (c), must remain in the
same managed care plan if the managed care plan has a contract for that
population. Managed care plans must
participate in the MinnesotaCare and general assistance medical care
programs program under a contract with the Department of Human
Services in service areas where they participate in the medical assistance
program.
EFFECTIVE DATE. This
section is effective retroactively from April 1, 2010.
Sec. 42. Minnesota Statutes 2008, section 256L.12,
subdivision 9, is amended to read:
Subd. 9. Rate
setting; performance withholds. (a)
Rates will be prospective, per capita, where possible. The commissioner may allow health plans to
arrange for inpatient hospital services on a risk or nonrisk basis. The commissioner shall consult with an
independent actuary to determine appropriate rates.
(b) For
services rendered on or after January 1, 2003, to December 31, 2003, the
commissioner shall withhold .5 percent of managed care plan payments under this
section pending completion of performance targets. The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following year if performance
targets in the contract are achieved. A
managed care plan may include as admitted assets under section 62D.044 any
amount withheld under this paragraph that is reasonably expected to be returned.
(c) For
services rendered on or after January 1, 2004, the commissioner shall withhold
five percent of managed care plan payments and county-based purchasing plan
payments under this section pending completion of performance targets. Each performance target must be quantifiable,
objective, measurable, and reasonably attainable, except in the case of a
performance target based on a federal or state law or rule. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The managed care plan must demonstrate, to
the commissioner's satisfaction, that the data submitted regarding attainment
of the performance target is accurate. The
commissioner shall periodically change the administrative measures used as
performance targets in order to improve plan performance across a broader range
of administrative services. The performance
targets must include measurement of plan efforts to contain spending on health
care services and administrative activities.
The commissioner may adopt plan-specific performance targets that take
into account factors affecting only one plan, such as characteristics of the
plan's enrollee population. The withheld
funds must be returned no sooner than July 1 and no later than July 31 of the
following calendar year if performance targets in the contract are achieved. A managed care plan or a county-based
purchasing plan under section 256B.692 may include as admitted assets under
section 62D.044 any amount withheld under this paragraph that is reasonably
expected to be returned.
(c) For
services rendered on or after January 1, 2011, the commissioner shall withhold
an additional three percent of managed care plan or county-based purchasing
plan payments under this section. The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following calendar year. The
return of the withhold under this paragraph is not subject to the requirements
of paragraph (b).
(d)
Effective for services rendered on or after January 1, 2011, the commissioner
shall include as part of the performance targets described in paragraph (b) a
reduction in the plan's emergency room utilization rate for state health care
program enrollees by a measurable rate of five percent from the plan's
utilization rate for the previous calendar year.
The
withheld funds must be returned no sooner than July 1 and no later than July 31
of the following calendar year if the managed care plan or county-based
purchasing plan demonstrates to the satisfaction of the commissioner that a
reduction in the utilization rate was achieved.
The
withhold described in this paragraph shall continue for each consecutive
contract period until the plan's emergency room utilization rate for state
health care program enrollees is reduced by 25 percent of the plan's emergency
room utilization rate for state health care program enrollees for calendar year
2009. Hospitals shall cooperate with the
health plans in meeting this performance target and shall accept payment
withholds that may be returned to the hospitals if the performance target is
achieved. The commissioner shall
structure the withhold so that the commissioner returns a portion of the
withheld funds in amounts commensurate with achieved reductions in utilization
less than the targeted amount. The
withhold described in this paragraph does not apply to county-based purchasing
plans.
(e) A
managed care plan or a county-based purchasing plan under section 256B.692 may
include as admitted assets under section 62D.044 any amount withheld under this
section that is reasonably expected to be returned.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 43. Minnesota Statutes 2008, section 256L.12, is
amended by adding a subdivision to read:
Subd. 9c. Rate
setting; increase effective October 1, 2010. For services rendered on or after
October 1, 2010, the total payment made to managed care plans and county-based
purchasing plans under MinnesotaCare for families with children shall be
increased by 1.28 percent.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 44. Laws 2009, chapter 79, article 5, section 75,
subdivision 1, is amended to read:
Subdivision
1. Medical
assistance coverage. The
commissioner of human services shall establish a demonstration project to
provide additional medical assistance coverage for a maximum of 200 American
Indian children in Minneapolis, St. Paul, and Duluth who are burdened by
health disparities associated with the cumulative health impact of toxic
environmental exposures. Under this
demonstration project, the additional medical assistance coverage for this
population must include, but is not limited to, home environmental
assessments for triggers of asthma, and in-home asthma education on the proper
medical management of asthma by a certified asthma educator or public health
nurse with asthma management training, and must be limited to two visits per
child. The home visit payment rates must
be based on a rate commensurate with a first-time visit rate and follow-up
visit rate. Coverage also includes the
following durable medical equipment: high
efficiency particulate air (HEPA) cleaners, HEPA vacuum cleaners, allergy bed
and pillow encasements, high filtration filters for forced air gas furnaces,
and dehumidifiers with medical tubing to connect the appliance to a floor
drain, if the listed item is medically necessary useful to reduce
asthma symptoms. Provision of these
items of durable medical equipment must be preceded by a home
environmental assessment for triggers of asthma and in-home asthma education on
the proper medical management of asthma by a Certified Asthma Educator or
public health nurse with asthma management training.
Sec. 45. Laws 2009, chapter 79, article 5, section 78,
subdivision 5, is amended to read:
Subd. 5. Expiration.
This section, with the exception of subdivision 4, expires December
31, 2010 August 31, 2011.
Subdivision 4 expires February 28, 2012.
Sec. 46. Laws 2010, chapter 200, article 1, section
12, the effective date, is amended to read:
EFFECTIVE DATE.
This section, except for subdivision 4, is effective
for services rendered on or after April 1, 2010. Subdivision 4 of this section is effective
June 1, 2010.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 47. Laws 2010, chapter 200, article 1, section
16, is amended by adding an effective date to read:
EFFECTIVE DATE. This section
is effective June 1, 2010.
Sec. 48. Laws 2010, chapter 200, article 1, section
21, is amended to read:
Sec. 21. REPEALER.
(a)
Minnesota Statutes 2008, sections 256.742; 256.979, subdivision 8; and 256D.03,
subdivision 9, are repealed effective April 1, 2010.
(b) Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4,
is repealed effective April June 1, 2010.
(c)
Minnesota Statutes 2008, section 256B.195, subdivisions 4 and 5, are repealed
effective for federal fiscal year 2010.
(d)
Minnesota Statutes 2009 Supplement, section 256B.195, subdivisions 1, 2, and 3,
are repealed effective for federal fiscal year 2010.
(e) Minnesota Statutes 2008, sections 256L.07, subdivision 6; 256L.15,
subdivision 4; and 256L.17, subdivision 7, are repealed January 1, 2011
July 1, 2010.
EFFECTIVE DATE. This section
is effective retroactively from April 1, 2010.
Sec. 49. Laws 2010, chapter 200, article 2, section 2,
subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation $(7,985,000) $(93,128,000)
Appropriations
by Fund
2010 2011
General 34,807,000 118,493,000
Health Care
Access (42,792,000) (211,621,000)
The amounts
that may be spent for each purpose are specified in the following subdivisions.
Special Revenue Fund Transfers.
(a) The
commissioner shall transfer the following amounts from special revenue fund
balances to the general fund by June 30 of each respective fiscal year: $410,000 for fiscal year 2010, and $412,000
for fiscal year 2011.
(b) Actual
transfers made under paragraph (a) must be separately identified and reported
as part of the quarterly reporting of transfers to the chairs of the relevant
senate budget division and house of representatives finance division.
EFFECTIVE
DATE. This section
is effective the day following final enactment.
Sec. 50. Laws 2010, chapter 200, article 2, section 2,
subdivision 5, is amended to read:
Subd. 5. Health
Care Management
The amounts
that may be spent from the appropriation for each purpose are as follows:
Health Care Administration. (2,998,000) (5,270,000)
Base Adjustment. The general
fund base for health care administration is reduced by $182,000 $36,000
in fiscal year 2012 and $182,000 $36,000 in fiscal year 2013.
Sec. 51. Laws 2010, chapter 200, article 2, section 2,
subdivision 8, is amended to read:
Subd. 8. Transfers
The
commissioner must transfer $29,538,000 in fiscal year 2010 and $18,462,000 in
fiscal year 2011 from the health care access fund to the general fund. This is a onetime transfer.
The
commissioner must transfer $4,800,000 from the consolidated chemical dependency
treatment fund to the general fund by June 30, 2010.
Compulsive Gambling Special Revenue Administration. The lottery prize fund appropriation
for compulsive gambling administration is reduced by $6,000 for
fiscal year 2010 and $4,000 for fiscal year 2011 must be transferred from
the lottery prize fund appropriation for compulsive gambling administration to
the general fund by June 30 of each respective fiscal year. These are onetime reductions.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 52. PREPAID
HEALTH PLAN RATES.
In
negotiating the prepaid health plan contract rates for services rendered on or
after January 1, 2011, the commissioner of human services shall take into
consideration and the rates shall reflect the anticipated savings in the
medical assistance program due to extending medical assistance coverage to services
provided in licensed birth centers, the anticipated use of these services
within the medical assistance population, and the reduced medical assistance
costs associated with the use of birth centers for normal, low-risk deliveries.
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 53. STATE
PLAN AMENDMENT; FEDERAL APPROVAL.
The
commissioner of human services shall submit a Medicaid state plan amendment to
receive federal fund participation for adults without children whose income is
equal to or less than 75 percent of federal poverty guidelines in accordance
with the Patient Protection and Affordable Care Act, Public Law 111-148, or the
Health Care and Education Reconciliation Act of 2010, Public Law 111-152. The effective date of the state plan
amendment shall be June 1, 2010.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 54. UPPER
PAYMENT LIMIT REPORT.
Each
January 15, beginning in 2011, the commissioner of human services shall report
the following information to the chairs of the house of representatives and
senate finance committees and divisions with responsibility for human services
appropriations:
(1) the
estimated room within the Medicare hospital upper payment limit for the federal
year beginning on October 1 of the year the report is made;
(2) the
amount of a rate increase under Minnesota Statutes, section 256.969,
subdivision 3a, paragraph (i), that would increase medical assistance hospital
spending to the upper payment limit; and
(3) the
amount of a surcharge increase under Minnesota Statutes, section 256.9657,
subdivision 2, needed to generate the state share of the potential rate
increase under clause (2).
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 55. REVISOR'S
INSTRUCTION.
The revisor
of statutes shall edit Minnesota Statutes and Minnesota Rules to remove
references to the general assistance medical care program and references to
Minnesota Statutes, section 256D.03, subdivision 3, or Minnesota Statutes,
chapter 256D, as it pertains to general assistance medical care and make other
changes as may be necessary to remove references to the general assistance
medical care program. The revisor may
consult with the Department of Human Services when making editing decisions on
the removal of these references.
Sec. 56. REPEALER.
(a)
Minnesota Statutes 2008, section 256D.03, subdivisions 3, 3a, 5, 6, 7, and 8,
are repealed July 1, 2010.
(b) Laws
2010, chapter 200, article 1, sections 12; 18; and 19, are repealed July 1,
2010.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 2
CONTINUING
CARE
Section 1. Minnesota Statutes 2008, section 144D.03,
subdivision 2, is amended to read:
Subd. 2. Registration
information. The establishment shall
provide the following information to the commissioner in order to be
registered:
(1) the
business name, street address, and mailing address of the establishment;
(2) the
name and mailing address of the owner or owners of the establishment and, if
the owner or owners are not natural persons, identification of the type of
business entity of the owner or owners, and the names and addresses of the
officers and members of the governing body, or comparable persons for
partnerships, limited liability corporations, or other types of business
organizations of the owner or owners;
(3) the
name and mailing address of the managing agent, whether through management
agreement or lease agreement, of the establishment, if different from the owner
or owners, and the name of the on-site manager, if any;
(4)
verification that the establishment has entered into a housing with services
contract, as required in section 144D.04, with each resident or resident's
representative;
(5)
verification that the establishment is complying with the requirements of
section 325F.72, if applicable;
(6) the
name and address of at least one natural person who shall be responsible for
dealing with the commissioner on all matters provided for in sections 144D.01
to 144D.06, and on whom personal service of all notices and orders shall be
made, and who shall be authorized to accept service on behalf of the owner or
owners and the managing agent, if any; and
(7) the
signature of the authorized representative of the owner or owners or, if the
owner or owners are not natural persons, signatures of at least two authorized
representatives of each owner, one of which shall be an officer of the owner;
and
(8) whether
services are included in the base rate to be paid by the resident.
Personal
service on the person identified under clause (6) by the owner or owners in the
registration shall be considered service on the owner or owners, and it shall
not be a defense to any action that personal service was not made on each individual
or entity. The designation of one or
more individuals under this subdivision shall not affect the legal
responsibility of the owner or owners under sections 144D.01 to 144D.06.
Sec. 2. Minnesota Statutes 2008, section 144D.03, is
amended by adding a subdivision to read:
Subd. 3. Certificate
of transitional consultation. (a)
A housing with services establishment shall not execute a contract or allow a
prospective resident to move in until the establishment has received
certification from the Senior LinkAge Line that transition to housing with
services consultation under section 256B.0911, subdivision 3c, has been
completed. Prospective residents may be
allowed to move in on an emergency basis prior to receiving a certificate,
however, the certification must occur within 30 calendar days of admission. The housing with services establishment shall
maintain copies of contracts and certificates for audit for a period of three
years. The Senior LinkAge Line shall
issue a certification within 24 hours of a contact by a prospective resident.
(b) This
subdivision applies to housing with services establishments that are required
to register under section 144D.02 and:
(1) include
any service in the base rate as described in the contract established under
section 144D.04; or
(2) require
residents to purchase services as a condition of tenancy.
Sec. 3. Minnesota Statutes 2008, section 144D.04,
subdivision 2, is amended to read:
Subd. 2. Contents
of contract. A housing with services
contract, which need not be entitled as such to comply with this section, shall
include at least the following elements in itself or through supporting
documents or attachments:
(1) the
name, street address, and mailing address of the establishment;
(2) the
name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of
business entity of the owner or owners;
(3) the
name and mailing address of the managing agent, through management agreement or
lease agreement, of the establishment, if different from the owner or owners;
(4) the
name and address of at least one natural person who is authorized to accept
service of process on behalf of the owner or owners and managing agent;
(5) a
statement describing the registration and licensure status of the establishment
and any provider providing health-related or supportive services under an
arrangement with the establishment;
(6) the
term of the contract;
(7) a
description of the services to be provided to the resident in the base rate to
be paid by resident, including a delineation of the portion of the base rate
that constitutes rent and a delineation of charges for each service included in
the base rate;
(8) a
description of any additional services, including home care services, available
for an additional fee from the establishment directly or through arrangements
with the establishment, and a schedule of fees charged for these services;
(9) a
description of the process through which the contract may be modified, amended,
or terminated;
(10) a
description of the establishment's complaint resolution process available to
residents including the toll-free complaint line for the Office of Ombudsman
for Long-Term Care;
(11) the resident's
designated representative, if any;
(12) the
establishment's referral procedures if the contract is terminated;
(13)
requirements of residency used by the establishment to determine who may reside
or continue to reside in the housing with services establishment;
(14)
billing and payment procedures and requirements;
(15) a
statement regarding the ability of residents to receive services from service
providers with whom the establishment does not have an arrangement;
(16) a
statement regarding the availability of public funds for payment for residence
or services in the establishment; and
(17) a
statement regarding the availability of and contact information for long-term
care consultation services under section 256B.0911 in the county in which the
establishment is located.
Sec. 4. [144D.08]
UNIFORM CONSUMER INFORMATION GUIDE.
All housing
with services establishments shall make available to all prospective and
current residents information consistent with the uniform format and the
required components adopted by the commissioner under section 144G.06.
Sec. 5. [144D.09]
TERMINATION OF LEASE.
The housing
with services establishment shall include with notice of termination of lease
information about how to contact the ombudsman for long-term care, including
the address and phone number along with a statement of how to request
problem-solving assistance.
Sec. 6. Minnesota Statutes 2008, section 144G.06, is
amended to read:
144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
(a) The commissioner
of health shall establish an advisory committee consisting of representatives
of consumers, providers, county and state officials, and other groups the
commissioner considers appropriate. The
advisory committee shall present recommendations to the commissioner on:
(1) a format
for a guide to be used by individual providers of assisted living, as defined
in section 144G.01, that includes information about services offered by that
provider, which services may be covered by Medicare, service costs, and
other relevant provider-specific information, as well as a statement of
philosophy and values associated with
assisted living, presented in uniform categories that facilitate comparison
with guides issued by other providers; and
(2)
requirements for informing assisted living clients, as defined in section 144G.01,
of their applicable legal rights.
(b) The
commissioner, after reviewing the recommendations of the advisory committee,
shall adopt a uniform format for the guide to be used by individual providers,
and the required components of materials to be used by providers to inform
assisted living clients of their legal rights, and shall make the uniform
format and the required components available to assisted living providers.
Sec. 7. Minnesota Statutes 2009 Supplement, section
252.27, subdivision 2a, is amended to read:
Subd. 2a. Contribution
amount. (a) The natural or adoptive
parents of a minor child, including a child determined eligible for medical
assistance without consideration of parental income, must contribute to the
cost of services used by making monthly payments on a sliding scale based on
income, unless the child is married or has been married, parental rights have
been terminated, or the child's adoption is subsidized according to section
259.67 or through title IV-E of the Social Security Act. The parental contribution is a partial or
full payment for medical services provided for diagnostic, therapeutic, curing,
treating, mitigating, rehabilitation, maintenance, and personal care services
as defined in United States Code, title 26, section 213, needed by the child
with a chronic illness or disability.
(b) For
households with adjusted gross income equal to or greater than 100 percent of
federal poverty guidelines, the parental contribution shall be computed by
applying the following schedule of rates to the adjusted gross income of the
natural or adoptive parents:
(1) if the
adjusted gross income is equal to or greater than 100 percent of federal
poverty guidelines and less than 175 percent of federal poverty guidelines, the
parental contribution is $4 per month;
(2) if the
adjusted gross income is equal to or greater than 175 percent of federal
poverty guidelines and less than or equal to 545 percent of federal poverty
guidelines, the parental contribution shall be determined using a sliding fee
scale established by the commissioner of human services which begins at one
percent of adjusted gross income at 175 percent of federal poverty guidelines
and increases to 7.5 percent of adjusted gross income for those with adjusted
gross income up to 545 percent of federal poverty guidelines;
(3) if the
adjusted gross income is greater than 545 percent of federal poverty guidelines
and less than 675 percent of federal poverty guidelines, the parental
contribution shall be 7.5 percent of adjusted gross income;
(4) if the
adjusted gross income is equal to or greater than 675 percent of federal
poverty guidelines and less than 975 percent of federal poverty guidelines, the
parental contribution shall be determined using a sliding fee scale established
by the commissioner of human services which begins at 7.5 percent of adjusted
gross income at 675 percent of federal poverty guidelines and increases to ten
percent of adjusted gross income for those with adjusted gross income up to 975
percent of federal poverty guidelines; and
(5) if the
adjusted gross income is equal to or greater than 975 percent of federal
poverty guidelines, the parental contribution shall be 12.5 percent of adjusted
gross income.
If the
child lives with the parent, the annual adjusted gross income is reduced by
$2,400 prior to calculating the parental contribution. If the child resides in an institution
specified in section 256B.35, the parent is responsible for the personal needs
allowance specified under that section in addition to the parental contribution
determined under this section. The
parental contribution is reduced by any amount required to be paid directly to
the child pursuant to a court order, but only if actually paid.
(c) The
household size to be used in determining the amount of contribution under
paragraph (b) includes natural and adoptive parents and their dependents,
including the child receiving services. Adjustments
in the contribution amount due to annual changes in the federal poverty
guidelines shall be implemented on the first day of July following publication
of the changes.
(d) For
purposes of paragraph (b), "income" means the adjusted gross income
of the natural or adoptive parents determined according to the previous year's
federal tax form, except, effective retroactive to July 1, 2003, taxable
capital gains to the extent the funds have been used to purchase a home shall
not be counted as income.
(e) The
contribution shall be explained in writing to the parents at the time
eligibility for services is being determined.
The contribution shall be made on a monthly basis effective with the
first month in which the child receives services. Annually upon redetermination or at termination
of eligibility, if the contribution exceeded the cost of services provided, the
local agency or the state shall reimburse that excess amount to the parents,
either by direct reimbursement if the parent is no longer required to pay a
contribution, or by a reduction in or waiver of parental fees until the excess
amount is exhausted. All reimbursements
must include a notice that the amount reimbursed may be taxable income if the
parent paid for the parent's fees through an employer's health care flexible
spending account under the Internal Revenue Code, section 125, and that the
parent is responsible for paying the taxes owed on the amount reimbursed.
(f) The
monthly contribution amount must be reviewed at least every 12 months; when
there is a change in household size; and when there is a loss of or gain in
income from one month to another in excess of ten percent. The local agency shall mail a written notice
30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is
effective in the month that the parent verifies a reduction in income or change
in household size.
(g) Parents
of a minor child who do not live with each other shall each pay the
contribution required under paragraph (a).
An amount equal to the annual court-ordered child support payment
actually paid on behalf of the child receiving services shall be deducted from
the adjusted gross income of the parent making the payment prior to calculating
the parental contribution under paragraph (b).
(h) The
contribution under paragraph (b) shall be increased by an additional five
percent if the local agency determines that insurance coverage is available but
not obtained for the child. For purposes
of this section, "available" means the insurance is a benefit of
employment for a family member at an annual cost of no more than five percent
of the family's annual income. For
purposes of this section, "insurance" means health and accident
insurance coverage, enrollment in a nonprofit health service plan, health
maintenance organization, self-insured plan, or preferred provider
organization.
Parents who
have more than one child receiving services shall not be required to pay more
than the amount for the child with the highest expenditures. There shall be no resource contribution from
the parents. The parent shall not be
required to pay a contribution in excess of the cost of the services provided
to the child, not counting payments made to school districts for
education-related services. Notice of an
increase in fee payment must be given at least 30 days before the increased fee
is due.
(i) The
contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
in the 12 months prior to July 1:
(1) the
parent applied for insurance for the child;
(2) the
insurer denied insurance;
(3) the
parents submitted a complaint or appeal, in writing to the insurer, submitted a
complaint or appeal, in writing, to the commissioner of health or the
commissioner of commerce, or litigated the complaint or appeal; and
(4) as a
result of the dispute, the insurer reversed its decision and granted insurance.
For purposes
of this section, "insurance" has the meaning given in paragraph (h).
A parent who
has requested a reduction in the contribution amount under this paragraph shall
submit proof in the form and manner prescribed by the commissioner or county
agency, including, but not limited to, the insurer's denial of insurance, the
written letter or complaint of the parents, court documents, and the written
response of the insurer approving insurance.
The determinations of the commissioner or county agency under this
paragraph are not rules subject to chapter 14.
(j)
Notwithstanding paragraph (b), for the period from July 1, 2010, to June 30, 2013,
the parental contribution shall be computed by applying the following
contribution schedule to the adjusted gross income of the natural or adoptive
parents:
(1) if the
adjusted gross income is equal to or greater than 100 percent of federal
poverty guidelines and less than 175 percent of federal poverty guidelines, the
parental contribution is $4 per month;
(2) if the
adjusted gross income is equal to or greater than 175 percent of federal
poverty guidelines and less than or equal to 525 percent of federal poverty
guidelines, the parental contribution shall be determined using a sliding fee
scale established by the commissioner of human services which begins at one
percent of adjusted gross income at 175 percent of federal poverty guidelines
and increases to eight percent of adjusted gross income for those with adjusted
gross income up to 525 percent of federal poverty guidelines;
(3) if the
adjusted gross income is greater than 525 percent of federal poverty guidelines
and less than 675 percent of federal poverty guidelines, the parental
contribution shall be 9.5 percent of adjusted gross income;
(4) if the
adjusted gross income is equal to or greater than 675 percent of federal
poverty guidelines and less than 900 percent of federal poverty guidelines, the
parental contribution shall be determined using a sliding fee scale established
by the commissioner of human services which begins at 9.5 percent of adjusted
gross income at 675 percent of federal poverty guidelines and increases to
12 percent of adjusted gross income for those with adjusted gross income up to
900 percent of federal poverty guidelines; and
(5) if the
adjusted gross income is equal to or greater than 900 percent of federal
poverty guidelines, the parental contribution shall be 13.5 percent of adjusted
gross income. If the child lives with
the parent, the annual adjusted gross income is reduced by $2,400 prior to
calculating the parental contribution. If
the child resides in an institution specified in section 256B.35, the parent is
responsible for the personal needs allowance specified under that section in
addition to the parental contribution determined under this section. The parental contribution is reduced by any
amount required to be paid directly to the child pursuant to a court order, but
only if actually paid.
Sec. 8. [256.4825]
REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES.
The
Minnesota State Council on Disability, the Minnesota Consortium for Citizens
with Disabilities, and the Arc of Minnesota may submit an annual report by
January 15 of each year, beginning in 2012, to the chairs and ranking minority
members of the legislative committees with jurisdiction over programs serving
people with disabilities as
provided in
this section. The report must describe
the existing state policies and goals for programs serving people with
disabilities including, but not limited to, programs for employment,
transportation, housing, education, quality assurance, consumer direction,
physical and programmatic access, and health.
The report must provide data and measurements to assess the extent to
which the policies and goals are being met.
The commissioner of human services and the commissioners of other state
agencies administering programs for people with disabilities shall cooperate
with the Minnesota State Council on Disability, the Minnesota Consortium for
Citizens with Disabilities, and the Arc of Minnesota and provide those
organizations with existing published information and reports that will assist
in the preparation of the report.
Sec. 9. Minnesota Statutes 2008, section 256.9657,
subdivision 3a, is amended to read:
Subd. 3a. ICF/MR
license surcharge. (a) Effective
July 1, 2003, each non-state-operated facility as defined under section
256B.501, subdivision 1, shall pay to the commissioner an annual surcharge
according to the schedule in subdivision 4, paragraph (d). The annual surcharge shall be $1,040 per
licensed bed. If the number of licensed
beds is reduced, the surcharge shall be based on the number of remaining
licensed beds the second month following the receipt of timely notice by the
commissioner of human services that beds have been delicensed. The facility must notify the commissioner of
health in writing when beds are delicensed.
The commissioner of health must notify the commissioner of human
services within ten working days after receiving written notification. If the notification is received by the
commissioner of human services by the 15th of the month, the invoice for the
second following month must be reduced to recognize the delicensing of beds. The commissioner may reduce, and may
subsequently restore, the surcharge under this subdivision based on the
commissioner's determination of a permissible surcharge.
(b)
Effective July 1, 2010, the surcharge under paragraph (a) is increased to
$4,037 per licensed bed.
Sec. 10. Minnesota Statutes 2009 Supplement, section
256.975, subdivision 7, is amended to read:
Subd. 7. Consumer
information and assistance and long-term care options counseling; Senior
LinkAge Line. (a) The Minnesota
Board on Aging shall operate a statewide service to aid older Minnesotans and
their families in making informed choices about long-term care options and
health care benefits. Language services
to persons with limited English language skills may be made available. The service, known as Senior LinkAge Line,
must be available during business hours through a statewide toll-free number
and must also be available through the Internet.
(b) The
service must provide long-term care options counseling by assisting older
adults, caregivers, and providers in accessing information and options
counseling about choices in long-term care services that are purchased through
private providers or available through public options. The service must:
(1) develop
a comprehensive database that includes detailed listings in both consumer- and
provider-oriented formats;
(2) make
the database accessible on the Internet and through other telecommunication and
media-related tools;
(3) link
callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;
(4) develop
community education materials with a focus on planning for long-term care and
evaluating independent living, housing, and service options;
(5) conduct
an outreach campaign to assist older adults and their caregivers in finding
information on the Internet and through other means of communication;
(6)
implement a messaging system for overflow callers and respond to these callers
by the next business day;
(7) link
callers with county human services and other providers to receive more in-depth
assistance and consultation related to long-term care options;
(8) link
callers with quality profiles for nursing facilities and other providers developed
by the commissioner of health;
(9)
incorporate information about the availability of housing options, as
well as registered housing with services and consumer rights within the
MinnesotaHelp.info network long-term care database to facilitate consumer
comparison of services and costs among housing with services establishments and
with other in-home services and to support financial self-sufficiency as long
as possible. Housing with services
establishments and their arranged home care providers shall provide information
to the commissioner of human services that is consistent with information
required by the commissioner of health under section 144G.06, the Uniform
Consumer Information Guide that will facilitate price comparisons,
including delineation of charges for rent and for services available. The commissioners of health and human
services shall align the data elements required by section 144G.06, the Uniform
Consumer Information Guide, and this section to provide consumers standardized
information and ease of comparison of long-term care options. The commissioner of human services shall
provide the data to the Minnesota Board on Aging for inclusion in the
MinnesotaHelp.info network long-term care database;
(10)
provide long-term care options counseling.
Long-term care options counselors shall:
(i) for
individuals not eligible for case management under a public program or public
funding source, provide interactive decision support under which consumers,
family members, or other helpers are supported in their deliberations to
determine appropriate long-term care choices in the context of the consumer's
needs, preferences, values, and individual circumstances, including
implementing a community support plan;
(ii)
provide Web-based educational information and collateral written materials to
familiarize consumers, family members, or other helpers with the long-term care
basics, issues to be considered, and the range of options available in the
community;
(iii)
provide long-term care futures planning, which means providing assistance to
individuals who anticipate having long-term care needs to develop a plan for
the more distant future; and
(iv)
provide expertise in benefits and financing options for long-term care,
including Medicare, long-term care insurance, tax or employer-based incentives,
reverse mortgages, private pay options, and ways to access low or no-cost
services or benefits through volunteer-based or charitable programs; and
(11) using
risk management and support planning protocols, provide long-term care options
counseling to current residents of nursing homes deemed appropriate for
discharge by the commissioner. In order
to meet this requirement, the commissioner shall provide designated Senior
LinkAge Line contact centers with a list of nursing home residents appropriate
for discharge planning via a secure Web portal.
Senior LinkAge Line shall provide these residents, if they indicate a
preference to receive long-term care options counseling, with initial
assessment, review of risk factors, independent living support consultation, or
referral to:
(i) long-term
care consultation services under section 256B.0911;
(ii)
designated care coordinators of contracted entities under section 256B.035 for
persons who are enrolled in a managed care plan; or
(iii) the
long-term care consultation team for those who are appropriate for relocation
service coordination due to high-risk factors or psychological or physical
disability.
Sec. 11. Minnesota Statutes 2008, section 256B.057,
subdivision 9, is amended to read:
Subd. 9. Employed
persons with disabilities. (a)
Medical assistance may be paid for a person who is employed and who:
(1) but
for excess earnings or assets, meets the definition of disabled under the
supplemental security income program;
(2) is at
least 16 but less than 65 years of age;
(3) meets the
asset limits in paragraph (c); and
(4) effective
November 1, 2003, pays a premium and other obligations under paragraph (e).
Any spousal
income or assets shall be disregarded for purposes of eligibility and premium
determinations.
(b) After
the month of enrollment, a person enrolled in medical assistance under this
subdivision who:
(1) is
temporarily unable to work and without receipt of earned income due to a
medical condition, as verified by a physician, may retain eligibility for up to
four calendar months; or
(2)
effective January 1, 2004, loses employment for reasons not attributable to the
enrollee, may retain eligibility for up to four consecutive months after the
month of job loss. To receive a
four-month extension, enrollees must verify the medical condition or provide
notification of job loss. All other
eligibility requirements must be met and the enrollee must pay all calculated
premium costs for continued eligibility.
(c) For
purposes of determining eligibility under this subdivision, a person's assets
must not exceed $20,000, excluding:
(1) all
assets excluded under section 256B.056;
(2)
retirement accounts, including individual accounts, 401(k) plans, 403(b) plans,
Keogh plans, and pension plans; and
(3) medical
expense accounts set up through the person's employer.
(d)(1)
Effective January 1, 2004, for purposes of eligibility, there will be a $65
earned income disregard. To be eligible,
a person applying for medical assistance under this subdivision must have
earned income above the disregard level.
(2)
Effective January 1, 2004, to be considered earned income, Medicare, Social
Security, and applicable state and federal income taxes must be withheld. To be eligible, a person must document earned
income tax withholding.
(e)(1) A
person whose earned and unearned income is equal to or greater than 100 percent
of federal poverty guidelines for the applicable family size must pay a premium
to be eligible for medical assistance under this subdivision. The premium shall be based on the person's
gross earned and unearned income and the applicable family size using a sliding
fee scale established by the commissioner, which begins at one percent of
income at 100 percent of the federal poverty guidelines and increases to
7.5 percent of income for those with incomes at or above 300 percent of the
federal poverty guidelines. Annual
adjustments in the premium schedule based upon changes in the federal poverty
guidelines shall be effective for premiums due in July of each year.
(2) Effective
January 1, 2004, all enrollees must pay a premium to be eligible for medical
assistance under this subdivision. An
enrollee shall pay the greater of a $35 premium or the premium calculated in
clause (1).
(3)
Effective November 1, 2003, all enrollees who receive unearned income must pay
one-half of one percent of unearned income in addition to the premium amount.
(4)
Effective November 1, 2003, for enrollees whose income does not exceed 200
percent of the federal poverty guidelines and who are also enrolled in
Medicare, the commissioner must reimburse the enrollee for Medicare Part B
premiums under section 256B.0625, subdivision 15, paragraph (a).
(5)
Increases in benefits under title II of the Social Security Act shall not be
counted as income for purposes of this subdivision until July 1 of each year.
(f) A
person's eligibility and premium shall be determined by the local county agency. Premiums must be paid to the commissioner. All premiums are dedicated to the
commissioner.
(g) Any
required premium shall be determined at application and redetermined at the
enrollee's six-month income review or when a change in income or household size
is reported. Enrollees must report any
change in income or household size within ten days of when the change occurs. A decreased premium resulting from a reported
change in income or household size shall be effective the first day of the next
available billing month after the change is reported. Except for changes occurring from annual
cost-of-living increases, a change resulting in an increased premium shall not
affect the premium amount until the next six-month review.
(h) Premium
payment is due upon notification from the commissioner of the premium amount
required. Premiums may be paid in
installments at the discretion of the commissioner.
(i)
Nonpayment of the premium shall result in denial or termination of medical
assistance unless the person demonstrates good cause for nonpayment. Good cause exists if the requirements
specified in Minnesota Rules, part 9506.0040, subpart 7, items B to D, are met. Except when an installment agreement is
accepted by the commissioner, all persons disenrolled for nonpayment of a
premium must pay any past due premiums as well as current premiums due prior to
being reenrolled. Nonpayment shall
include payment with a returned, refused, or dishonored instrument. The commissioner may require a guaranteed
form of payment as the only means to replace a returned, refused, or dishonored
instrument.
(j) The
commissioner shall notify enrollees annually beginning at least 24 months
before the person's 65th birthday of the medical assistance eligibility rules
affecting income, assets, and treatment of a spouse's income and assets that
will be applied upon reaching age 65.
EFFECTIVE DATE. This
section is effective January 1, 2011.
Sec. 12. Minnesota Statutes 2009 Supplement, section
256B.0659, subdivision 11, is amended to read:
Subd. 11. Personal
care assistant; requirements. (a) A
personal care assistant must meet the following requirements:
(1) be at
least 18 years of age with the exception of persons who are 16 or 17 years of
age with these additional requirements:
(i)
supervision by a qualified professional every 60 days; and
(ii)
employment by only one personal care assistance provider agency responsible for
compliance with current labor laws;
(2) be
employed by a personal care assistance provider agency;
(3) enroll
with the department as a personal care assistant after clearing a background
study. Before a personal care assistant
provides services, the personal care assistance provider agency must initiate a
background study on the personal care assistant under chapter 245C, and the
personal care assistance provider agency must have received a notice from the commissioner
that the personal care assistant is:
(i) not
disqualified under section 245C.14; or
(ii) is
disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22;
(4) be able
to effectively communicate with the recipient and personal care assistance
provider agency;
(5) be able
to provide covered personal care assistance services according to the
recipient's personal care assistance care plan, respond appropriately to
recipient needs, and report changes in the recipient's condition to the
supervising qualified professional or physician;
(6) not be
a consumer of personal care assistance services;
(7)
maintain daily written records including, but not limited to, time sheets under
subdivision 12;
(8)
effective January 1, 2010, complete standardized training as determined by the
commissioner before completing enrollment.
Personal care assistant training must include successful completion of
the following training components: basic
first aid, vulnerable adult, child maltreatment, OSHA universal precautions,
basic roles and responsibilities of personal care assistants including
information about assistance with lifting and transfers for recipients,
emergency preparedness, orientation to positive behavioral practices, fraud
issues, and completion of time sheets. Upon
completion of the training components, the personal care assistant must
demonstrate the competency to provide assistance to recipients;
(9)
complete training and orientation on the needs of the recipient within the
first seven days after the services begin; and
(10) be
limited to providing and being paid for up to 310 275 hours per
month of personal care assistance services regardless of the number of
recipients being served or the number of personal care assistance provider
agencies enrolled with.
(b) A legal
guardian may be a personal care assistant if the guardian is not being paid for
the guardian services and meets the criteria for personal care assistants in
paragraph (a).
(c)
Effective January 1, 2010, persons who do not qualify as a personal care
assistant include parents and stepparents of minors, spouses, paid legal
guardians, family foster care providers, except as otherwise allowed in section
256B.0625, subdivision 19a, or staff of a residential setting.
EFFECTIVE DATE. This
section is effective July 1, 2011.
Sec. 13. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 3c, is amended to read:
Subd. 3c. Transition
to housing with services. (a)
Housing with services establishments offering or providing assisted living
under chapter 144G shall inform all prospective residents of the availability
of and contact information for transitional consultation services under this
subdivision prior to executing a lease or contract with the prospective
resident requirement to contact the Senior LinkAge Line for long-term
care options counseling and transitional consultation. The Senior LinkAge Line shall provide a
certificate to the prospective resident and also send a copy of the certificate
to the housing with services establishment that the prospective resident
chooses, verifying that consultation has been provided to the prospective
resident or the prospective resident's legal representative. The housing with services establishment shall
not execute a contract or allow a prospective resident to move in until the
establishment has received certification from the Senior LinkAge Line. Prospective residents refusing to contact the
Senior LinkAge Line are required to sign a waiver form supplied by the provider. The housing with services establishment shall
maintain copies of contracts, waiver forms, and certificates for audit for a
period of three years. The purpose
of transitional long-term care consultation is to support persons with current
or anticipated long-term care needs in making informed choices among options
that include the most cost-effective and least restrictive settings, and to
delay spenddown to eligibility for publicly funded programs by connecting
people to alternative services in their homes before transition to housing with
services. Regardless of the
consultation, prospective residents maintain the right to choose housing with
services or assisted living if that option is their preference.
(b)
Transitional consultation services are provided as determined by the
commissioner of human services in partnership with county long-term care
consultation units, and the Area Agencies on Aging under section
144D.03, subdivision 3, and are a combination of telephone-based and
in-person assistance provided under models developed by the commissioner. The consultation shall be performed in a
manner that provides objective and complete information. Transitional consultation must be provided
within five working days of the request of the prospective resident as follows:
(1) the
consultation must be provided by a qualified professional as determined by the
commissioner;
(2) the
consultation must include a review of the prospective resident's reasons for
considering assisted living, the prospective resident's personal goals, a
discussion of the prospective resident's immediate and projected long-term care
needs, and alternative community services or assisted living settings that may
meet the prospective resident's needs; and
(3) the
prospective resident shall be informed of the availability of long-term care
consultation services described in subdivision 3a that are available at no
charge to the prospective resident to assist the prospective resident in
assessment and planning to meet the prospective resident's long-term care needs. The Senior LinkAge Line and long-term care
consultation team shall give the highest priority to referrals who are at
highest risk of nursing facility placement or as needed for determining
eligibility.;
(4) a
prospective resident does not include a person moving from the community, a
hospital, or an institutional setting to housing with services during
nonworking hours when:
(i) the move
is based on a recent precipitating event that precludes the person from living
safely in the community or institution, such as sustaining injury,
unanticipated discharge from hospital or nursing facility, inability of caregivers to provide needed care,
lack of access to needed care or services, or declining health status; and
(ii) the
Senior LinkAge Line is contacted within ten working days following the move to
the registered housing with services, or as soon as is reasonable considering
the prospective resident's condition; and
(5) the
Senior LinkAge Line may provide the long-term care options counseling and
transitional consultation service.
Sec. 14. Minnesota Statutes 2008, section 256B.0915,
is amended by adding a subdivision to read:
Subd. 3i. Rate
reduction for customized living and 24-hour customized living services. (a) Effective July 1, 2010,
the commissioner shall reduce service component rates and service rate limits
for customized living services and 24-hour customized living services, from the
rates in effect on June 30, 2010, by five percent.
(b) To
implement the rate reductions in this subdivision, capitation rates paid by the
commissioner to managed care organizations under section 256B.69 shall reflect
a ten percent reduction for the specified services for the period January 1,
2011, to June 30, 2011, and a five percent reduction for those services on and
after July 1, 2011.
Sec. 15. Minnesota Statutes 2009 Supplement, section
256B.441, subdivision 55, is amended to read:
Subd. 55. Phase-in
of rebased operating payment rates. (a)
For the rate years beginning October 1, 2008, to October 1, 2015, the operating
payment rate calculated under this section shall be phased in by blending the
operating rate with the operating payment rate determined under section 256B.434. For purposes of this subdivision, the rate to
be used that is determined under section 256B.434 shall not include the portion
of the operating payment rate related to performance-based incentive payments
under section 256B.434, subdivision 4, paragraph (d). For the rate year beginning October 1, 2008,
the operating payment rate for each facility shall be 13 percent of the
operating payment rate from this section, and 87 percent of the operating
payment rate from section 256B.434. For
the rate year beginning October 1, 2009, the operating payment rate for each
facility shall be 14 percent of the operating payment rate from this section,
and 86 percent of the operating payment rate from section 256B.434. For rate years beginning October 1, 2010;
October 1, 2011; and October 1, 2012, For the rate period from October
1, 2009, to September 30, 2013, no rate adjustments shall be implemented
under this section, but shall be determined under section 256B.434. For the rate year beginning October 1, 2013,
the operating payment rate for each facility shall be 65 percent of the
operating payment rate from this section, and 35 percent of the operating
payment rate from section 256B.434. For
the rate year beginning October 1, 2014, the operating payment rate for each
facility shall be 82 percent of the operating payment rate from this section,
and 18 percent of the operating payment rate from section 256B.434. For the rate year beginning October 1, 2015,
the operating payment rate for each facility shall be the operating payment
rate determined under this section. The
blending of operating payment rates under this section shall be performed
separately for each RUG's class.
(b) For the
rate year beginning October 1, 2008, the commissioner shall apply limits to the
operating payment rate increases under paragraph (a) by creating a minimum
percentage increase and a maximum percentage increase.
(1) Each
nursing facility that receives a blended October 1, 2008, operating payment
rate increase under paragraph (a) of less than one percent, when compared to
its operating payment rate on September 30, 2008, computed using rates with
RUG's weight of 1.00, shall receive a rate adjustment of one percent.
(2) The
commissioner shall determine a maximum percentage increase that will result in
savings equal to the cost of allowing the minimum increase in clause (1). Nursing facilities with a blended October 1,
2008, operating payment rate increase under paragraph (a) greater than the
maximum percentage increase determined by the commissioner, when compared to
its operating payment rate on September 30, 2008, computed using rates with a
RUG's weight of 1.00, shall receive the maximum percentage increase.
(3) Nursing
facilities with a blended October 1, 2008, operating payment rate increase
under paragraph (a) greater than one percent and less than the maximum
percentage increase determined by the commissioner, when compared to its
operating payment rate on September 30, 2008, computed using rates with a RUG's
weight of 1.00, shall receive the blended October 1, 2008, operating payment
rate increase determined under paragraph (a).
(4) The
October 1, 2009, through October 1, 2015, operating payment rate for facilities
receiving the maximum percentage increase determined in clause (2) shall be the
amount determined under paragraph (a) less the difference between the amount
determined under paragraph (a) for October 1, 2008, and the amount allowed
under clause (2). This rate restriction
does not apply to rate increases provided in any other section.
(c) A
portion of the funds received under this subdivision that are in excess of
operating payment rates that a facility would have received under section
256B.434, as determined in accordance with clauses (1) to (3), shall be subject
to the requirements in section 256B.434, subdivision 19, paragraphs (b) to (h).
(1)
Determine the amount of additional funding available to a facility, which shall
be equal to total medical assistance resident days from the most recent
reporting year times the difference between the blended rate determined in
paragraph (a) for the rate year being computed and the blended rate for the
prior year.
(2)
Determine the portion of all operating costs, for the most recent reporting
year, that are compensation related. If
this value exceeds 75 percent, use 75 percent.
(3)
Subtract the amount determined in clause (2) from 75 percent.
(4) The
portion of the fund received under this subdivision that shall be subject to
the requirements in section 256B.434, subdivision 19, paragraphs (b) to (h),
shall equal the amount determined in clause (1) times the amount determined in
clause (3).
EFFECTIVE DATE. This
section is effective retroactive to October 1, 2009.
Sec. 16. Minnesota Statutes 2008, section 256B.5012,
is amended by adding a subdivision to read:
Subd. 9. Rate
increase effective June 1, 2010. For
rate periods beginning on or after June 1, 2010, the commissioner shall
increase the total operating payment rate for each facility reimbursed under
this section by $8.74 per day. The
increase shall not be subject to any annual percentage increase.
EFFECTIVE DATE. This
section is effective June 1, 2010.
Sec. 17. Minnesota Statutes 2009 Supplement, section
256B.69, subdivision 23, is amended to read:
Subd. 23. Alternative
services; elderly and disabled persons. (a)
The commissioner may implement demonstration projects to create alternative
integrated delivery systems for acute and long-term care services to elderly
persons and persons with disabilities as defined in section 256B.77,
subdivision 7a, that provide increased coordination, improve access to quality
services, and mitigate future cost increases.
The commissioner may seek federal authority to combine Medicare and
Medicaid capitation payments for the purpose of such demonstrations and may
contract with Medicare-approved special needs plans to provide Medicaid
services. Medicare funds and services
shall be administered according to the terms and conditions of the federal
contract and demonstration provisions. For
the purpose of administering medical assistance funds, demonstrations under
this subdivision are subject to subdivisions 1 to 22. The provisions of Minnesota Rules, parts
9500.1450 to 9500.1464, apply to these demonstrations, with the exceptions of
parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items B and C,
which do not apply to persons enrolling in demonstrations under this section. An initial open enrollment period may be
provided. Persons who disenroll from
demonstrations under this subdivision remain subject to Minnesota Rules, parts
9500.1450 to 9500.1464. When a person is
enrolled in a health plan under these demonstrations and the health plan's
participation is subsequently terminated for any reason, the person shall be
provided an opportunity to select a new health plan and shall have the right to
change health plans within the first 60 days of enrollment in the second health
plan. Persons required to participate in
health plans under this section who fail to make a choice of health plan shall
not be randomly assigned to health plans under these demonstrations. Notwithstanding section 256L.12, subdivision
5, and Minnesota Rules, part 9505.5220, subpart 1, item A, if adopted, for the
purpose of demonstrations under this subdivision, the commissioner may contract
with managed care organizations, including counties, to serve only elderly
persons eligible for medical assistance, elderly and disabled persons, or
disabled persons only. For persons with
a primary diagnosis of developmental disability, serious and persistent mental
illness, or serious emotional disturbance, the commissioner must ensure that
the county authority has approved the
demonstration
and contracting design. Enrollment in
these projects for persons with disabilities shall be voluntary. The commissioner shall not implement any
demonstration project under this subdivision for persons with a primary
diagnosis of developmental disabilities, serious and persistent mental illness,
or serious emotional disturbance, without approval of the county board of the
county in which the demonstration is being implemented.
(b)
Notwithstanding chapter 245B, sections 252.40 to 252.46, 256B.092, 256B.501 to
256B.5015, and Minnesota Rules, parts 9525.0004 to 9525.0036, 9525.1200 to
9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the commissioner may
implement under this section projects for persons with developmental
disabilities. The commissioner may
capitate payments for ICF/MR services, waivered services for developmental
disabilities, including case management services, day training and habilitation
and alternative active treatment services, and other services as approved by
the state and by the federal government.
Case management and active treatment must be individualized and
developed in accordance with a person-centered plan. Costs under these projects may not exceed
costs that would have been incurred under fee-for-service. Beginning July 1, 2003, and until four years
after the pilot project implementation date, subcontractor participation in the
long-term care developmental disability pilot is limited to a nonprofit
long-term care system providing ICF/MR services, home and community-based
waiver services, and in-home services to no more than 120 consumers with
developmental disabilities in Carver, Hennepin, and Scott Counties. The commissioner shall report to the
legislature prior to expansion of the developmental disability pilot project. This paragraph expires four years after the
implementation date of the pilot project.
(c) Before
implementation of a demonstration project for disabled persons, the
commissioner must provide information to appropriate committees of the house of
representatives and senate and must involve representatives of affected disability
groups in the design of the demonstration projects.
(d) A
nursing facility reimbursed under the alternative reimbursement methodology in
section 256B.434 may, in collaboration with a hospital, clinic, or other health
care entity provide services under paragraph (a). The commissioner shall amend the state plan
and seek any federal waivers necessary to implement this paragraph.
(e) The
commissioner, in consultation with the commissioners of commerce and health,
may approve and implement programs for all-inclusive care for the elderly
(PACE) according to federal laws and regulations governing that program and
state laws or rules applicable to participating providers. The process for approval of these programs
shall begin only after the commissioner receives grant money in an amount
sufficient to cover the state share of the administrative and actuarial costs
to implement the programs during state fiscal years 2006 and 2007. Grant amounts for this purpose shall be
deposited in an account in the special revenue fund and are appropriated to the
commissioner to be used solely for the purpose of PACE administrative and
actuarial costs. A PACE provider is
not required to be licensed or certified as a health plan company as defined in
section 62Q.01, subdivision 4. Persons
age 55 and older who have been screened by the county and found to be eligible
for services under the elderly waiver or community alternatives for disabled
individuals or who are already eligible for Medicaid but meet level of care
criteria for receipt of waiver services may choose to enroll in the PACE
program. Medicare and Medicaid services
will be provided according to this subdivision and federal Medicare and
Medicaid requirements governing PACE providers and programs. PACE enrollees will receive Medicaid home and
community-based services through the PACE provider as an alternative to
services for which they would otherwise be eligible through home and
community-based waiver programs and Medicaid State Plan Services. The commissioner shall establish Medicaid
rates for PACE providers that do not exceed costs that would have been incurred
under fee-for-service or other relevant managed care programs operated by the
state.
(f) The
commissioner shall seek federal approval to expand the Minnesota disability
health options (MnDHO) program established under this subdivision in stages,
first to regional population centers outside the seven-county metro area and
then to all areas of the state. Until
July 1, 2009, expansion for MnDHO projects that include home and
community-based services is limited to the two projects and service areas in
effect on March 1, 2006. Enrollment in
integrated MnDHO programs that include home and community-based services shall
remain voluntary. Costs for home and community-based
services included under MnDHO must not exceed costs that would
have been
incurred under the fee-for-service program.
Notwithstanding whether expansion occurs under this paragraph, in
determining MnDHO payment rates and risk adjustment methods for contract
years starting in 2012, the commissioner must consider the methods used to
determine county allocations for home and community-based program participants. If necessary to reduce MnDHO rates to comply
with the provision regarding MnDHO costs for home and community-based services,
the commissioner shall achieve the reduction by maintaining the base rate for
contract years year 2010 and 2011 for services provided
under the community alternatives for disabled individuals waiver at the same
level as for contract year 2009. The
commissioner may apply other reductions to MnDHO
rates to implement decreases in provider payment rates required by state
law. Effective December 31, 2010,
enrollment and operation of the MnDHO program in effect during 2010 shall cease. The commissioner may reopen the program
provided all applicable conditions of this section are met. In developing program specifications for
expansion of integrated programs, the commissioner shall involve and consult
the state-level stakeholder group established in subdivision 28, paragraph (d),
including consultation on whether and how to include home and community-based
waiver programs. Plans for further
expansion of to reopen MnDHO projects shall be presented to the
chairs of the house of representatives and senate committees with jurisdiction
over health and human services policy and finance by February 1, 2007 prior
to implementation.
(g)
Notwithstanding section 256B.0261, health plans providing services under this
section are responsible for home care targeted case management and relocation
targeted case management. Services must
be provided according to the terms of the waivers and contracts approved by the
federal government.
Sec. 18. Laws 2009, chapter 79, article 8, section 51,
the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective January July 1, 2011.
Sec. 19. Laws 2009, chapter 79, article 8, section 84,
is amended to read:
Sec. 84. HOUSING
OPTIONS.
The
commissioner of human services, in consultation with the commissioner of
administration and the Minnesota Housing Finance Agency, and representatives of
counties, residents' advocacy groups, consumers of housing services, and
provider agencies shall explore ways to maximize the availability and
affordability of housing choices available to persons with disabilities or who
need care assistance due to other health challenges. A goal shall also be to minimize state
physical plant costs in order to serve more persons with appropriate program and
care support. Consideration shall be
given to:
(1)
improved access to rent subsidies;
(2) use of
cooperatives, land trusts, and other limited equity ownership models;
(3) whether
a public equity housing fund should be established that would maintain the
state's interest, to the extent paid from state funds, including group
residential housing and Minnesota supplemental aid shelter-needy funds in
provider-owned housing, so that when sold, the state would recover its share
for a public equity fund to be used for future public needs under this chapter;
(4) the
desirability of the state acquiring an ownership interest or promoting the use
of publicly owned housing;
(5)
promoting more choices in the market for accessible housing that meets the
needs of persons with physical challenges; and
(6) what
consumer ownership models, if any, are appropriate; and
(7) a
review of the definition of home and community services and appropriate
settings where these services may be provided, including the number of people
who may reside under one roof, through the home and community-based waivers for
seniors and individuals with disabilities.
The
commissioner shall provide a written report on the findings of the evaluation
of housing options to the chairs and ranking minority members of the house of
representatives and senate standing committees with jurisdiction over health and human services policy and funding by
December 15, 2010. This report shall
replace the November 1, 2010, annual report by the commissioner required
in Minnesota Statutes, sections 256B.0916, subdivision 7, and 256B.49,
subdivision 21.
Sec. 20. CASE
MANAGEMENT REFORM.
(a) By
February 1, 2011, the commissioner of human services shall provide specific
recommendations and language for proposed legislation to:
(1) define
the administrative and the service functions of case management for persons
with disabilities and make changes to improve the funding for administrative
functions;
(2)
standardize and simplify processes, standards, and timelines for case
management within the Department of Human Services, Disability Services
Division, including eligibility determinations, resource allocation, management
of dollars, provision for assignment of one case manager at a time per person,
waiting lists, quality assurance, host county concurrence requirements, county
of financial responsibility provisions, and waiver compliance; and
(3)
increase opportunities for consumer choice of case management functions
involving service coordination.
(b) In
developing these recommendations, the commissioner shall consider the
recommendations of the 2007 Redesigning Case Management Services for Persons
with Disabilities report and consult with existing stakeholder groups, which
include representatives of counties, disability and senior advocacy groups,
service providers, and representatives of agencies which provide contracted
case management.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. COMMISSIONER
TO SEEK FEDERAL MATCH.
(a) The
commissioner of human services shall seek federal financial participation for
eligible activity related to fiscal years 2010 and 2011 grants to Advocating
Change Together to establish a statewide self-advocacy network for persons with
developmental disabilities and for eligible activities under any future grants
to the organization.
(b) The
commissioner shall report to the chairs and ranking minority members of the
senate Health and Human Services Budget Division and the house of
representatives Health Care and Human Services Finance Division by December 15,
2010, with the results of the application for federal matching funds.
Sec. 22. ICF/MR
RATE INCREASE.
The daily
rate at an intermediate care facility for the developmentally disabled located
in Clearwater County and classified as a
Class A facility with 15 beds shall be increased from $112.73 to $138.23 for
the rate period July 1, 2010, to June 30, 2011.
ARTICLE 3
CHILDREN
AND FAMILY SERVICES
Section 1. Minnesota Statutes 2008, section 256D.0515,
is amended to read:
256D.0515 ASSET LIMITATIONS FOR FOOD STAMP HOUSEHOLDS.
All food
stamp households must be determined eligible for the benefit discussed under
section 256.029. Food stamp households
must demonstrate that:
(1) their
gross income meets the federal Food Stamp requirements under United States
Code, title 7, section 2014(c); and
(2) they
have financial resources, excluding vehicles, of less than $7,000 is
equal to or less than 165 percent of the federal poverty guidelines for the
same family size.
EFFECTIVE DATE. This
section is effective November 1, 2010.
Sec. 2. Minnesota Statutes 2008, section 256I.05, is
amended by adding a subdivision to read:
Subd. 1n. Supplemental
rate; Mahnomen County. Notwithstanding
the provisions of this section, for the rate period July 1, 2010, to June 30,
2011, a county agency shall negotiate a supplemental service rate in addition
to the rate specified in subdivision 1, not to exceed $753 per month or the
existing rate, including any legislative authorized inflationary adjustments,
for a group residential provider located in Mahnomen County that operates a 28-bed
facility providing 24-hour care to individuals who are homeless, disabled,
chemically dependent, mentally ill, or chronically homeless.
Sec. 3. Minnesota Statutes 2008, section 256J.24,
subdivision 6, is amended to read:
Subd. 6. Family
cap. (a) MFIP assistance units shall
not receive an increase in the cash portion of the transitional standard as a
result of the birth of a child, unless one of the conditions under paragraph
(b) is met. The child shall be
considered a member of the assistance unit according to subdivisions 1 to 3,
but shall be excluded in determining family size for purposes of determining
the amount of the cash portion of the transitional standard under subdivision 5. The child shall be included in determining
family size for purposes of determining the food portion of the transitional
standard. The transitional standard
under this subdivision shall be the total of the cash and food portions as
specified in this paragraph. The family
wage level under this subdivision shall be based on the family size used to
determine the food portion of the transitional standard.
(b) A child
shall be included in determining family size for purposes of determining the
amount of the cash portion of the MFIP transitional standard when at least one
of the following conditions is met:
(1) for families receiving MFIP assistance on July 1, 2003, the child is
born to the adult parent before May 1, 2004;
(2) for
families who apply for the diversionary work program under section 256J.95 or
MFIP assistance on or after July 1, 2003, the child is born to the adult parent
within ten months of the date the family is eligible for assistance;
(3) the
child was conceived as a result of a sexual assault or incest, provided that
the incident has been reported to a law enforcement agency;
(4) the
child's mother is a minor caregiver as defined in section 256J.08, subdivision
59, and the child, or multiple children, are the mother's first birth; or
(5) the
child is the mother's first child subsequent to a pregnancy that did not result
in a live birth; or
(6) any child
previously excluded in determining family size under paragraph (a) shall be
included if the adult parent or parents have not received benefits from the
diversionary work program under section 256J.95 or MFIP assistance in the
previous ten months. An adult parent or
parents who reapply and have received benefits from the diversionary work
program or MFIP assistance in the past ten months shall be under the ten-month
grace period of their previous application under clause (2).
(c) Income
and resources of a child excluded under this subdivision, except child support
received or distributed on behalf of this child, must be considered using the
same policies as for other children when determining the grant amount of the
assistance unit.
(d) The
caregiver must assign support and cooperate with the child support enforcement
agency to establish paternity and collect child support on behalf of the
excluded child. Failure to cooperate
results in the sanction specified in section 256J.46, subdivisions 2 and 2a. Current support paid on behalf of the
excluded child shall be distributed according to section 256.741, subdivision
15.
(e) County
agencies must inform applicants of the provisions under this subdivision at the
time of each application and at recertification.
(f)
Children excluded under this provision shall be deemed MFIP recipients for
purposes of child care under chapter 119B.
EFFECTIVE DATE. This
section is effective September 1, 2010.
Sec. 4. Minnesota Statutes 2009 Supplement, section
256J.425, subdivision 3, is amended to read:
Subd. 3. Hard-to-employ
participants. (a) An assistance unit
subject to the time limit in section 256J.42, subdivision 1, is eligible to
receive months of assistance under a hardship extension if the participant who
reached the time limit belongs to any of the following groups:
(1) a
person who is diagnosed by a licensed physician, psychological practitioner, or
other qualified professional, as developmentally disabled or mentally ill, and
the condition severely limits the person's ability to obtain or maintain
suitable employment;
(2) a
person who:
(i) has
been assessed by a vocational specialist or the county agency to be
unemployable for purposes of this subdivision; or
(ii) has an
IQ below 80 who has been assessed by a vocational specialist or a county agency
to be employable, but the condition severely limits the person's ability to
obtain or maintain suitable employment. The
determination of IQ level must be made by a qualified professional. In the case of a non-English-speaking person: (A) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports that identify
an IQ range as opposed to a specific score; (C) these reports must include a
statement of confidence in the results;
(3) a person
who is determined by a qualified professional to be learning disabled, and the
condition severely limits the person's ability to obtain or maintain suitable
employment. For purposes of the initial
approval of a learning disability extension, the determination must have been
made or confirmed within the previous 12 months. In the case of a non-English-speaking person: (i) the determination must be made by a
qualified professional with experience conducting culturally appropriate
assessments, whenever possible; and (ii) these reports must include a statement
of confidence in the results. If a rehabilitation
plan for a participant extended as learning disabled is developed or approved
by the county agency, the plan must be incorporated into the employment plan. However, a rehabilitation plan does not
replace the requirement to develop and comply with an employment plan under
section 256J.521; or
(4) a person
who has been granted a family violence waiver, and who is complying with an
employment plan under section 256J.521, subdivision 3.
(b) For
purposes of this section chapter, "severely limits the
person's ability to obtain or maintain suitable employment" means:
(1) that a
qualified professional has determined that the person's condition prevents the
person from working 20 or more hours per week; or
(2) for a
person who meets the requirements of paragraph (a), clause (2), item (ii), or
clause (3), a qualified professional has determined the person's condition:
(i)
significantly restricts the range of employment that the person is able to
perform; or
(ii)
significantly interferes with the person's ability to obtain or maintain
suitable employment for 20 or more hours per week.
Sec. 5. REPEALER.
Minnesota
Statutes 2009 Supplement, section 256J.621, is repealed.
EFFECTIVE DATE. This section
is effective December 1, 2010.
ARTICLE 4
MISCELLANEOUS
Section 1. [62Q.545]
COVERAGE OF PRIVATE DUTY NURSING SERVICES.
(a) Private
duty nursing services, as provided under section 256B.0625, subdivision 7, with
the exception of section 256B.0654, subdivision 4, shall be covered under a
health plan for persons who are concurrently covered by both the health plan and
enrolled in medical assistance under chapter 256B.
(b) For
purposes of this section, a period of private duty nursing services may be
subject to the co-payment, coinsurance, deductible, or other enrollee
cost-sharing requirements that apply under the health plan. Cost-sharing requirements for private duty
nursing services must not place a greater financial burden on the insured or
enrollee than those requirements applied by the health plan to other similar
services or benefits. Nothing in this
section is intended to prevent a health plan company from requiring prior
authorization by the health plan company for such services as required by
section 256B.0625, subdivision 7, or use of contracted providers under the
applicable provisions of the health plan.
EFFECTIVE DATE. This section
is effective July 1, 2010, and applies to health plans offered, sold, issued,
or renewed on or after that date.
Sec. 2. [137.32]
MINNESOTA COUPLES ON THE BRINK PROJECT.
Subdivision
1. Establishment. Within
the limits of available appropriations, the Board of Regents of the University
of Minnesota is requested to develop and implement a Minnesota couples on the
brink project, as provided for in this section.
The regents may administer the project with federal grants, state
appropriations, and in-kind services received for this purpose.
Subd. 2. Purpose. The purpose of the project is to
develop, evaluate, and disseminate best practices for promoting successful
reconciliation between married persons who are considering or have commenced a
marriage dissolution proceeding and who choose to pursue reconciliation.
Subd. 3. Implementation. The regents shall:
(1) enter
into contracts or manage a grant process for implementation of the project; and
(2) develop
and implement an evaluation component for the project.
Sec. 3. Minnesota Statutes 2008, section 152.126, as
amended by Laws 2009, chapter 79, article 11, sections 9, 10, and 11, is amended
to read:
152.126 SCHEDULE II AND III CONTROLLED
SUBSTANCES PRESCRIPTION ELECTRONIC REPORTING SYSTEM.
Subdivision
1. Definitions. For purposes of this section, the terms
defined in this subdivision have the meanings given.
(a)
"Board" means the Minnesota State Board of Pharmacy established under
chapter 151.
(b)
"Controlled substances" means those substances listed in section
152.02, subdivisions 3 to 5, and those substances defined by the board pursuant
to section 152.02, subdivisions 7, 8, and 12.
(c)
"Dispense" or "dispensing" has the meaning given in section
151.01, subdivision 30. Dispensing does
not include the direct administering of a controlled substance to a patient by
a licensed health care professional.
(d)
"Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription.
For the purposes of this section, a dispenser does not include a
licensed hospital pharmacy that distributes controlled substances for inpatient
hospital care or a veterinarian who is dispensing prescriptions under section
156.18.
(e)
"Prescriber" means a licensed health care professional who is
authorized to prescribe a controlled substance under section 152.12,
subdivision 1.
(f)
"Prescription" has the meaning given in section 151.01, subdivision
16.
Subd. 1a. Treatment
of intractable pain. This section is
not intended to limit or interfere with the legitimate prescribing of
controlled substances for pain. No
prescriber shall be subject to disciplinary action by a health-related
licensing board for prescribing a controlled substance according to the
provisions of section 152.125.
Subd. 2. Prescription
electronic reporting system. (a) The
board shall establish by January 1, 2010, an electronic system for reporting
the information required under subdivision 4 for all controlled substances
dispensed within the state.
(b) The
board may contract with a vendor for the purpose of obtaining technical
assistance in the design, implementation, operation, and maintenance of the
electronic reporting system.
Subd. 3. Prescription
Electronic Reporting Advisory Committee.
(a) The board shall convene an advisory committee. The committee must include at least one
representative of:
(1) the
Department of Health;
(2) the
Department of Human Services;
(3) each
health-related licensing board that licenses prescribers;
(4) a
professional medical association, which may include an association of pain
management and chemical dependency specialists;
(5) a
professional pharmacy association;
(6) a
professional nursing association;
(7) a
professional dental association;
(8) a
consumer privacy or security advocate; and
(9) a
consumer or patient rights organization.
(b) The
advisory committee shall advise the board on the development and operation of
the electronic reporting system, including, but not limited to:
(1)
technical standards for electronic prescription drug reporting;
(2) proper
analysis and interpretation of prescription monitoring data; and
(3) an
evaluation process for the program.
(c) The
Board of Pharmacy, after consultation with the advisory committee, shall
present recommendations and draft legislation on the issues addressed by the
advisory committee under paragraph (b), to the legislature by December 15,
2007.
Subd. 4. Reporting
requirements; notice. (a) Each
dispenser must submit the following data to the board or its designated vendor,
subject to the notice required under paragraph (d):
(1) name of
the prescriber;
(2)
national provider identifier of the prescriber;
(3) name of
the dispenser;
(4)
national provider identifier of the dispenser;
(5)
prescription number;
(6) name of
the patient for whom the prescription was written;
(7) address
of the patient for whom the prescription was written;
(8) date of
birth of the patient for whom the prescription was written;
(9) date
the prescription was written;
(10) date
the prescription was filled;
(11) name
and strength of the controlled substance;
(12)
quantity of controlled substance prescribed;
(13)
quantity of controlled substance dispensed; and
(14) number
of days supply.
(b) The
dispenser must submit the required information by a procedure and in a format
established by the board. The board may
allow dispensers to omit data listed in this subdivision or may require the
submission of data not listed in this subdivision provided the omission or
submission is necessary for the purpose of complying with the electronic
reporting or data transmission standards of the American Society for Automation
in Pharmacy, the National Council on Prescription Drug Programs, or other
relevant national standard-setting body.
(c) A
dispenser is not required to submit this data for those controlled substance
prescriptions dispensed for:
(1)
individuals residing in licensed skilled nursing or intermediate care
facilities;
(2)
individuals receiving assisted living services under chapter 144G or through a
medical assistance home and community-based waiver;
(3)
individuals receiving medication intravenously;
(4)
individuals receiving hospice and other palliative or end-of-life care; and
(5)
individuals receiving services from a home care provider regulated under
chapter 144A.
(d) A
dispenser must not submit data under this subdivision unless a conspicuous
notice of the reporting requirements of this section is given to the patient
for whom the prescription was written.
Subd. 5. Use of
data by board. (a) The board shall
develop and maintain a database of the data reported under subdivision 4. The board shall maintain data that could
identify an individual prescriber or dispenser in encrypted form. The database may be used by permissible users
identified under subdivision 6 for the identification of:
(1)
individuals receiving prescriptions for controlled substances from prescribers
who subsequently obtain controlled substances from dispensers in quantities or
with a frequency inconsistent with generally recognized standards of use for
those controlled substances, including standards accepted by national and
international pain management associations; and
(2)
individuals presenting forged or otherwise false or altered prescriptions for
controlled substances to dispensers.
(b) No
permissible user identified under subdivision 6 may access the database for the
sole purpose of identifying prescribers of controlled substances for unusual or
excessive prescribing patterns without a valid search warrant or court order.
(c) No
personnel of a state or federal occupational licensing board or agency may
access the database for the purpose of obtaining information to be used to
initiate or substantiate a disciplinary action against a prescriber.
(d) Data
reported under subdivision 4 shall be retained by the board in the database for
a 12-month period, and shall be removed from the database no later than 12
months from the date the last day of the month during which the
data was received.
Subd. 6. Access
to reporting system data. (a) Except
as indicated in this subdivision, the data submitted to the board under
subdivision 4 is private data on individuals as defined in section 13.02,
subdivision 12, and not subject to public disclosure.
(b) Except
as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the
same or similar manner, and for the same or similar purposes, as those persons
who are authorized to access similar private data on individuals under federal
and state law:
(1) a
prescriber or an agent or employee of the prescriber to whom the prescriber
has delegated the task of accessing the data, to the extent the information
relates specifically to a current patient, to whom the prescriber is
prescribing or considering prescribing any controlled substance and with the
provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;
(2) a
dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information
relates specifically to a current patient to whom that dispenser is dispensing
or considering dispensing any controlled substance and with the provision
that the dispenser remains responsible for the use or misuse of data accessed
by a delegated agent or employee;
(3) an
individual who is the recipient of a controlled substance prescription for
which data was submitted under subdivision 4, or a guardian of the individual,
parent or guardian of a minor, or health care agent of the individual acting
under a health care directive under chapter 145C;
(4)
personnel of the board specifically assigned to conduct a bona fide
investigation of a specific licensee;
(5)
personnel of the board engaged in the collection of controlled substance
prescription information as part of the assigned duties and responsibilities
under this section;
(6)
authorized personnel of a vendor under contract with the board who are engaged
in the design, implementation, operation, and maintenance of the electronic
reporting system as part of the assigned duties and responsibilities of their
employment, provided that access to data is limited to the minimum amount
necessary to carry out such duties and responsibilities;
(7)
federal, state, and local law enforcement authorities acting pursuant to a
valid search warrant; and
(8)
personnel of the medical assistance program assigned to use the data collected
under this section to identify recipients whose usage of controlled substances
may warrant restriction to a single primary care physician, a single outpatient
pharmacy, or a single hospital.
For
purposes of clause (3), access by an individual includes persons in the
definition of an individual under section 13.02.
(c) Any
permissible user identified in paragraph (b), who directly accesses the data
electronically, shall implement and maintain a comprehensive information
security program that contains administrative, technical, and physical
safeguards that are appropriate to the user's size and complexity, and the sensitivity
of the personal information obtained. The
permissible user shall identify reasonably foreseeable internal and external
risks to the security, confidentiality, and integrity of personal information
that could result in the unauthorized disclosure, misuse, or other compromise
of the information and assess the sufficiency of any safeguards in place to
control the risks.
(d) The
board shall not release data submitted under this section unless it is provided
with evidence, satisfactory to the board, that the person requesting the
information is entitled to receive the data.
(e) The
board shall not release the name of a prescriber without the written consent of
the prescriber or a valid search warrant or court order. The board shall provide a mechanism for a
prescriber to submit to the board a signed consent authorizing the release of
the prescriber's name when data containing the prescriber's name is requested.
(f) The
board shall maintain a log of all persons who access the data and shall ensure
that any permissible user complies with paragraph (c) prior to attaining direct
access to the data.
(g) Section
13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor
shall not use data collected under this section for any purpose not specified
in this section.
Subd. 7. Disciplinary
action. (a) A dispenser who
knowingly fails to submit data to the board as required under this section is
subject to disciplinary action by the appropriate health-related licensing
board.
(b) A
prescriber or dispenser authorized to access the data who knowingly discloses
the data in violation of state or federal laws relating to the privacy of
health care data shall be subject to disciplinary action by the appropriate
health-related licensing board, and appropriate civil penalties.
Subd. 8. Evaluation
and reporting. (a) The board shall
evaluate the prescription electronic reporting system to determine if the
system is negatively impacting appropriate prescribing practices of controlled
substances. The board may contract with
a vendor to design and conduct the evaluation.
(b) The
board shall submit the evaluation of the system to the legislature by January
July 15, 2011.
Subd. 9. Immunity
from liability; no requirement to obtain information. (a) A pharmacist, prescriber, or other
dispenser making a report to the program in good faith under this section is
immune from any civil, criminal, or administrative liability, which might
otherwise be incurred or imposed as a result of the report, or on the basis
that the pharmacist or prescriber did or did not seek or obtain or use
information from the program.
(b) Nothing
in this section shall require a pharmacist, prescriber, or other dispenser to
obtain information about a patient from the program, and the pharmacist,
prescriber, or other dispenser, if acting in good faith, is immune from any
civil, criminal, or administrative liability that might otherwise be incurred
or imposed for requesting, receiving, or using information from the program.
Subd. 10. Funding. (a) The board may seek grants and
private funds from nonprofit charitable foundations, the federal government,
and other sources to fund the enhancement and ongoing operations of the
prescription electronic reporting system established under this section. Any funds received shall be appropriated to
the board for this purpose. The board
may not expend funds to enhance the program in a way that conflicts with this
section without seeking approval from the legislature.
(b) The
administrative services unit for the health-related licensing boards shall
apportion between the Board of Medical Practice, the Board of Nursing, the
Board of Dentistry, the Board of Podiatric Medicine, the Board of Optometry,
and the Board of Pharmacy an amount to be paid through fees by each respective
board. The amount apportioned to each
board shall equal each board's share of the annual appropriation to the Board
of Pharmacy from the state government special revenue fund for operating the
prescription electronic reporting system under this section. Each board's apportioned share shall be based
on the number of prescribers or dispensers that each board identified in this
paragraph licenses as a percentage of the total number of prescribers and
dispensers licensed collectively by these boards. Each respective board may adjust the fees
that the boards are required to collect to compensate for the amount
apportioned to each board by the administrative services unit.
Sec. 4. [246.125]
CHEMICAL AND MENTAL HEALTH SERVICES TRANSFORMATION ADVISORY TASK FORCE.
Subdivision
1. Establishment. The
Chemical and Mental Health Services Transformation Advisory Task Force is
established to make recommendations to the commissioner of human services and
the legislature on the continuum of services needed to provide individuals with
complex conditions including mental illness, chemical dependency, traumatic
brain injury, and developmental disabilities access to quality care and the
appropriate level of care across the state to promote wellness, reduce cost,
and improve efficiency.
Subd. 2. Duties. The Chemical and Mental Health
Services Transformation Advisory Task Force shall make recommendations to the
commissioner and the legislature no later than December 15, 2010, on the
following:
(1)
transformation needed to improve service delivery and provide a continuum of
care, such as transition of current facilities, closure of current facilities,
or the development of new models of care, including the redesign of the
Anoka-Metro Regional Treatment Center;
(2) gaps
and barriers to accessing quality care, system inefficiencies, and cost
pressures;
(3)
services that are best provided by the state and those that are best provided
in the community;
(4) an
implementation plan to achieve integrated service delivery across the public,
private, and nonprofit sectors;
(5) an
implementation plan to ensure that individuals with complex chemical and mental
health needs receive the appropriate level of care to achieve recovery and
wellness; and
(6)
financing mechanisms that include all possible revenue sources to maximize
federal funding and promote cost efficiencies and sustainability.
Subd. 3. Membership. The advisory task force shall be
composed of the following, who will serve at the pleasure of their appointing
authority:
(1) the
commissioner of human services or the commissioner's designee, and two
additional representatives from the department;
(2) two
legislators appointed by the speaker of the house, one from the minority and
one from the majority;
(3) two
legislators appointed by the senate rules committee, one from the minority and
one from the majority;
(4) one
representative appointed by AFSCME Council 5;
(5) one
representative appointed by the ombudsman for mental health and developmental
disabilities;
(6) one
representative appointed by the Minnesota Association of Professional
Employees;
(7) one
representative appointed by the Minnesota Hospital Association;
(8) one
representative appointed by the Minnesota Nurses Association;
(9) one
representative appointed by NAMI-MN;
(10) one
representative appointed by the Mental Health Association of Minnesota;
(11) one
representative appointed by the Minnesota Association Of Community Mental
Health Programs;
(12) one
representative appointed by the Minnesota Dental Association;
(13) three
clients or client family members representing different populations receiving
services from state-operated services, who are appointed by the commissioner;
(14) one
representative appointed by the chair of the state-operated services governing
board;
(15) one
representative appointed by the Minnesota Disability Law Center;
(16) one
representative appointed by the Consumer Survivor Network;
(17) one
representative appointed by the Association of Residential Resources in
Minnesota;
(18) one
representative appointed by the Minnesota Council of Child Caring Agencies;
(19) one
representative appointed by the Association of Minnesota Counties; and
(20) one
representative appointed by the Minnesota Pharmacists Association.
The
commissioner may appoint additional members to reflect stakeholders who are not
represented above.
Subd. 4. Administration. The commissioner shall convene the
first meeting of the advisory task force and shall provide administrative
support and staff.
Subd. 5. Recommendations. The advisory task force must report
its recommendations to the commissioner and to the legislature no later than
December 15, 2010.
Subd. 6. Member
requirement. The commissioner
shall provide per diem and travel expenses pursuant to section 256.01,
subdivision 6, for task force members who are consumers or family members and
whose participation on the task force is not as a paid representative of any
agency, organization, or association. Notwithstanding
section 15.059, other task members are not eligible for per diem or travel
reimbursement.
Sec. 5. [246.128]
NOTIFICATION TO LEGISLATURE REQUIRED.
The
commissioner shall notify the chairs and ranking minority members of the
relevant legislative committees regarding the redesign, closure, or relocation
of state-operated services programs. The
notification must include the advice of the Chemical and Mental Health Services
Transformation Advisory Task Force under section 246.125.
Sec. 6. [246.129]
LEGISLATIVE APPROVAL REQUIRED.
If the
closure of a state-operated facility is proposed, and the department and
respective bargaining units fail to arrive at a mutually agreed upon solution
to transfer affected state employees to other state jobs, the closure of the
facility requires legislative approval. This
does not apply to state-operated enterprise services.
Sec. 7. Minnesota Statutes 2008, section 246.18, is
amended by adding a subdivision to read:
Subd. 8. State-operated
services account. The
state-operated services account is established in the special revenue fund.
Revenue generated by new state-operated services listed under this
section established after July 1, 2010, that are not enterprise
activities must be deposited into the state-operated services account, unless
otherwise specified in law:
(1)
intensive residential treatment services;
(2) foster
care services; and
(3)
psychiatric extensive recovery treatment services.
Sec. 8. Minnesota Statutes 2008, section 254B.01,
subdivision 2, is amended to read:
Subd. 2. American
Indian. For purposes of services
provided under section 254B.09, subdivision 7 8, "American
Indian" means a person who is a member of an Indian tribe, and the
commissioner shall use the definitions of "Indian" and "Indian
tribe" and "Indian organization" provided in Public Law 93-638. For purposes of services provided under
section 254B.09, subdivision 4 6, "American Indian"
means a resident of federally recognized tribal lands who is recognized as an
Indian person by the federally recognized tribal governing body.
Sec. 9. Minnesota Statutes 2008, section 254B.02,
subdivision 1, is amended to read:
Subdivision
1. Chemical
dependency treatment allocation. The
chemical dependency funds appropriated for allocation treatment
appropriation shall be placed in a special revenue account. The commissioner shall annually transfer
funds from the chemical dependency fund to pay for operation of the drug and
alcohol abuse normative evaluation system and to pay for all costs incurred by
adding two positions for licensing of chemical dependency treatment and
rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. Six percent of the remaining
money must be reserved for tribal allocation under section 254B.09,
subdivisions 4 and 5. The commissioner
shall annually divide the money available in the chemical dependency fund that
is not held in reserve by counties from a previous allocation, or allocated to
the American Indian chemical dependency tribal account. Six percent of the remaining money must be
reserved for the nonreservation American Indian chemical dependency allocation
for treatment of American Indians by eligible vendors under section 254B.05,
subdivision 1. The remainder of the
money must be allocated among the counties according to the following
formula, using state demographer data and other data sources determined by the
commissioner:
(a) For
purposes of this formula, American Indians and children under age 14 are
subtracted from the population of each county to determine the restricted
population.
(b) The
amount of chemical dependency fund expenditures for entitled persons for
services not covered by prepaid plans governed by section 256B.69 in the
previous year is divided by the amount of chemical dependency fund expenditures
for entitled persons for all services to determine the proportion of exempt
service expenditures for each county.
(c) The
prepaid plan months of eligibility is multiplied by the proportion of exempt
service expenditures to determine the adjusted prepaid plan months of
eligibility for each county.
(d) The
adjusted prepaid plan months of eligibility is added to the number of
restricted population fee for service months of eligibility for the Minnesota
family investment program, general assistance, and medical assistance and
divided by the county restricted population to determine county per capita
months of covered service eligibility.
(e) The number
of adjusted prepaid plan months of eligibility for the state is added to the
number of fee for service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance for the state
restricted population and divided by the state restricted population to
determine state per capita months of covered service eligibility.
(f) The
county per capita months of covered service eligibility is divided by the state
per capita months of covered service eligibility to determine the county
welfare caseload factor.
(g) The
median married couple income for the most recent three-year period available
for the state is divided by the median married couple income for the same
period for each county to determine the income factor for each county.
(h) The
county restricted population is multiplied by the sum of the county welfare
caseload factor and the county income factor to determine the adjusted
population.
(i) $15,000
shall be allocated to each county.
(j) The
remaining funds shall be allocated proportional to the county adjusted
population in the special revenue account must be used according to
the requirements in this chapter.
Sec. 10. Minnesota Statutes 2008, section 254B.02,
subdivision 5, is amended to read:
Subd. 5. Administrative
adjustment. The commissioner may
make payments to local agencies from money allocated under this section to
support administrative activities under sections 254B.03 and 254B.04. The administrative payment must not exceed the
lesser of: (1) five percent of the
first $50,000, four percent of the next $50,000, and three percent of the
remaining payments for services from the allocation special revenue
account according to subdivision 1; or (2) the local agency administrative
payment for the fiscal year ending June 30, 2009, adjusted in proportion to the
statewide change in the appropriation for this chapter.
Sec. 11. Minnesota Statutes 2008, section 254B.03,
subdivision 4, is amended to read:
Subd. 4. Division
of costs. Except for services
provided by a county under section 254B.09, subdivision 1, or services provided
under section 256B.69 or 256D.03, subdivision 4, paragraph (b), the county
shall, out of local money, pay the state for 15 16.14 percent of
the cost of chemical dependency services, including those services provided to
persons eligible for medical assistance under chapter 256B and general
assistance medical care under chapter 256D.
Counties may use the indigent hospitalization levy for treatment and
hospital payments made under this section.
Fifteen 16.14 percent of any state collections from
private or third-party pay, less 15 percent of for the cost of
payment and collections, must be distributed to the county that paid for a
portion of the treatment under this section.
If all funds allocated according to section 254B.02 are exhausted by
a county and the county has met or exceeded the base level of expenditures
under section 254B.02, subdivision 3, the county shall pay the state for 15
percent of the costs paid by the state under this section. The commissioner may refuse to pay state
funds for services to persons not eligible under section 254B.04, subdivision
1, if the county financially responsible for the persons has exhausted its
allocation.
Sec. 12. Minnesota Statutes 2008, section 254B.05,
subdivision 4, is amended to read:
Subd. 4. Regional
treatment centers. Regional
treatment center chemical dependency treatment units are eligible vendors. The commissioner may expand the capacity of
chemical dependency treatment units beyond the capacity funded by direct
legislative appropriation to serve individuals who are referred for treatment
by counties and whose treatment will be paid for with a county's allocation
under section 254B.02 by funding under this chapter or other funding
sources. Notwithstanding the provisions
of sections 254B.03 to 254B.041, payment for any person committed at county
request to a regional treatment center under chapter 253B for chemical
dependency treatment and determined to be ineligible under the chemical
dependency consolidated treatment fund, shall become the responsibility of the
county.
Sec. 13. Minnesota Statutes 2008, section 254B.06,
subdivision 2, is amended to read:
Subd. 2. Allocation
of collections. The commissioner
shall allocate all federal financial participation collections to the
reserve fund under section 254B.02, subdivision 3 a special revenue
account. The commissioner shall retain
85 allocate 83.86 percent of patient payments and third-party payments
to the special revenue account and allocate the collections to the
treatment allocation for the county that is financially responsible for the
person. Fifteen 16.14 percent
of patient and third-party payments must be paid to the county
financially responsible for the patient.
Collections for patient payment and third-party payment for services
provided under section 254B.09 shall be allocated to the allocation of the
tribal unit which placed the person. Collections
of federal financial participation for services provided under section 254B.09
shall be allocated to the tribal reserve account under section 254B.09,
subdivision 5.
Sec. 14. Minnesota Statutes 2008, section 254B.09,
subdivision 8, is amended to read:
Subd. 8. Payments
to improve services to American Indians.
The commissioner may set rates for chemical dependency services to
American Indians according to the American Indian Health Improvement Act,
Public Law 94-437, for eligible vendors.
These rates shall supersede rates set in county purchase of service
agreements when payments are made on behalf of clients eligible according to
Public Law 94-437.
Sec. 15. [254B.13]
PILOT PROJECTS; CHEMICAL HEALTH CARE.
Subdivision
1. Authorization for pilot projects. The commissioner may approve and
implement pilot projects developed under the planning process required under
Laws 2009, chapter 79, article 7, section 26, to provide alternatives to and
enhance coordination of the delivery of chemical health services required under
section 254B.03.
Subd. 2. Program
design and implementation. (a)
The commissioner and counties participating in the pilot projects shall
continue to work in partnership to refine and implement the pilot projects
initiated under Laws 2009, chapter 79, article 7, section 26.
(b) The
commissioner and counties participating in the pilot projects shall complete
the planning phase by June 30, 2010, and, if approved by the commissioner
for implementation, enter into agreements governing the operation of the pilot
projects with implementation scheduled no earlier than July 1, 2010.
Subd. 3. Program
evaluation. The commissioner
shall evaluate pilot projects under this section and report the results of the
evaluation to the chairs and ranking minority members of the legislative
committees with jurisdiction over chemical health issues by January 15, 2013. Evaluation of the pilot projects must be
based on outcome evaluation criteria negotiated with the pilot projects prior
to implementation.
Subd. 4. Notice
of project discontinuation. Each
county's participation in the pilot project may be discontinued for any reason
by the county or the commissioner of human services after 30 days' written
notice to the other party. Any unspent
funds held for the exiting county's pro rata share in the special revenue fund
under the authority in subdivision 5, paragraph (d), shall be transferred to
the consolidated chemical dependency treatment fund following discontinuation
of the pilot project.
Subd. 5. Duties
of commissioner. (a)
Notwithstanding any other provisions in this chapter, the commissioner may
authorize pilot projects to use chemical dependency treatment funds to pay for
nontreatment pilot services:
(1) in
addition to those authorized under section 254B.03, subdivision 2, paragraph
(a); and
(2) by
vendors in addition to those authorized under section 254B.05 when not
providing chemical dependency treatment services.
(b) For
purposes of this section, "nontreatment pilot services" include
navigator services, peer support, family engagement and support, housing
support, rent subsidies, supported employment, and independent living skills.
(c) State
expenditures for chemical dependency services and nontreatment pilot services
provided by or through the pilot projects must not be greater than the chemical
dependency treatment fund expected share of forecasted expenditures in the
absence of the pilot projects. The
commissioner may restructure the schedule of payments between the state and
participating counties under the local agency share and division of cost
provisions under section 254B.03, subdivisions 3 and 4, as necessary to
facilitate the operation of the pilot projects.
(d) To the
extent that state fiscal year expenditures within a pilot project are less than
the expected share of forecasted expenditures in the absence of the pilot
projects, the commissioner shall deposit the unexpended funds in a separate
account within the consolidated chemical dependency treatment fund, and make
these funds available for expenditure by the pilot projects the following year. To the extent that treatment and nontreatment
pilot services expenditures within the pilot project exceed the amount expected
in the absence of the pilot projects, the pilot project county or counties are
responsible for the portion of nontreatment pilot services expenditures in
excess of the otherwise expected share of forecasted expenditures.
(e) The
commissioner may waive administrative rule requirements that are incompatible
with the implementation of the pilot project, except that any chemical
dependency treatment funded under this section must continue to be provided by
a licensed treatment provider.
(f) The
commissioner shall not approve or enter into any agreement related to pilot
projects authorized under this section that puts current or future federal
funding at risk.
Subd. 6. Duties
of county board. The county
board, or other county entity that is approved to administer a pilot project,
shall:
(1)
administer the pilot project in a manner consistent with the objectives
described in subdivision 2 and the planning process in subdivision 5;
(2) ensure
that no one is denied chemical dependency treatment services for which they
would otherwise be eligible under section 254A.03, subdivision 3; and
(3) provide
the commissioner with timely and pertinent information as negotiated in
agreements governing operation of the pilot projects.
Sec. 16. Minnesota Statutes 2009 Supplement, section
517.08, subdivision 1b, is amended to read:
Subd. 1b. Term
of license; fee; premarital education. (a)
The local registrar shall examine upon oath the parties applying for a license
relative to the legality of the contemplated marriage. If one party is unable to appear in person,
the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of
the marriage application to the party who is unable to appear, who must verify
the accuracy of the party's information in a notarized statement. The marriage license must not be released
until the verification statement has
been
received by the local registrar. If at
the expiration of a five-day period, on being satisfied that there is no legal
impediment to it, including the restriction contained in section 259.13, the
local registrar shall issue the license, containing the full names of the
parties before and after marriage, and county and state of residence, with the
county seal attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. Except as provided in
paragraph (c), the local registrar shall collect from the applicant a fee of $110
$115 for administering the oath, issuing, recording, and filing all
papers required, and preparing and transmitting to the state registrar of vital
statistics the reports of marriage required by this section. If the license should not be used within the
period of six months due to illness or other extenuating circumstances, it may
be surrendered to the local registrar for cancellation, and in that case a new
license shall issue upon request of the parties of the original license without
fee. A local registrar who knowingly
issues or signs a marriage license in any manner other than as provided in this
section shall pay to the parties aggrieved an amount not to exceed $1,000.
(b) In case
of emergency or extraordinary circumstances, a judge of the district court of
the county in which the application is made may authorize the license to be
issued at any time before expiration of the five-day period required under
paragraph (a). A waiver of the five-day
waiting period must be in the following form:
STATE OF
MINNESOTA, COUNTY OF ....................
(insert county name)
APPLICATION
FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
................................................................................. (legal names of the applicants)
Represent
and state as follows:
That on
......................... (date of
application) the applicants applied to the local registrar of the above-named
county for a license to marry.
That it is
necessary that the license be issued before the expiration of five days from
the date of the application by reason of the following: (insert reason for requesting waiver of
waiting period)
.....................................................................................................................................................................................
WHEREAS,
the applicants request that the judge waive the required five-day waiting
period and the local registrar be authorized and directed to issue the marriage
license immediately.
Date: .............................
.......................................................................................
(Signatures
of applicants)
Acknowledged
before me on this ....... day of
.................... .
..........................................
NOTARY
PUBLIC
COURT ORDER
AND AUTHORIZATION:
STATE OF
MINNESOTA, COUNTY OF ....................
(insert county name)
After
reviewing the above application, I am satisfied that an emergency or
extraordinary circumstance exists that justifies the issuance of the marriage
license before the expiration of five days from the date of the application. IT IS HEREBY ORDERED that the local registrar
is authorized and directed to issue the license forthwith.
.....................................................
................................ (judge of district court)
................................ (date).
(c) The
marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to
qualify for the reduced license fee, the parties must submit at the time of
applying for the marriage license a signed, dated, and notarized statement from
the person who provided the premarital education on their letterhead confirming
that it was received. The premarital
education must be provided by a licensed or ordained minister or the minister's
designee, a person authorized to solemnize marriages under section 517.18, or a
person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a
premarital inventory and the teaching of communication and conflict management
skills.
(d) The
statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I,
.......................... (name of
educator), confirm that .......................... (names of both parties) received at least 12
hours of premarital education that included the use of a premarital inventory
and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a
person authorized to solemnize marriages under Minnesota Statutes, section
517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names
of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the marriage license application. Notwithstanding section 138.17, the
educator's statement must be retained for seven years, after which time it may
be destroyed.
(e) If
section 259.13 applies to the request for a marriage license, the local
registrar shall grant the marriage license without the requested name change. Alternatively, the local registrar may delay
the granting of the marriage license until the party with the conviction:
(1)
certifies under oath that 30 days have passed since service of the notice for a
name change upon the prosecuting authority
and, if applicable, the attorney general and no objection has been filed under
section 259.13; or
(2)
provides a certified copy of the court order granting it. The parties seeking the marriage license
shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change
request.
Sec. 17. Minnesota Statutes 2008, section 517.08,
subdivision 1c, as amended by Laws 2010, chapter 200, article 1, section 17, is
amended to read:
Subd. 1c. Disposition
of license fee. (a) Of the marriage
license fee collected pursuant to subdivision 1b, paragraph (a), $25 must be
retained by the county. The local
registrar must pay $85 $90 to the commissioner of management and
budget to be deposited as follows:
(1) $55 in
the general fund;
(2) $3 in
the state government special revenue fund to be appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;
(3) $2 in
the special revenue fund to be appropriated to the commissioner of health for
developing and implementing the MN ENABL program under section 145.9255; and
(4) $25 in
the special revenue fund is appropriated to the commissioner of employment and economic
development for the displaced homemaker program under section 116L.96; and
(5) $5 in
the special revenue fund, which is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under
section 137.32.
(b) Of the
$40 fee under subdivision 1b, paragraph (b), $25 must be retained by the county. The local registrar must pay $15 to the
commissioner of management and budget to be deposited as follows:
(1) $5 as
provided in paragraph (a), clauses (2) and (3); and
(2) $10 in
the special revenue fund is appropriated to the commissioner of employment and
economic development for the displaced homemaker program under section 116L.96.
Sec. 18. Laws 2009, chapter 79, article 3, section 18,
is amended to read:
Sec. 18. REQUIRING THE DEVELOPMENT OF COMMUNITY-BASED MENTAL HEALTH SERVICES FOR PATIENTS COMMITTED TO THE ANOKA-METRO REGIONAL
TREATMENT CENTER.
In
consultation with community partners, the commissioner of human services The
Chemical and Mental Health Services Transformation Advisory Task Force
shall develop recommend an array of community-based services in
the metro area to transform the current services now provided to patients
at the Anoka-Metro Regional Treatment Center.
The community-based services may be provided in facilities with 16 or
fewer beds, and must provide the appropriate level of care for the patients
being admitted to the facilities established in partnership with private
and public hospital organizations, community mental health centers and other
mental health community services providers, and community partnerships, and
must be staffed by state employees. The
planning for this transition must be completed by October 1, 2009 2010,
with an initial a report detailing the transition plan,
services that will be provided, including incorporating peer specialists where
appropriate, the location of the services, and the number of patients that will
be served, to the committee chairs of health and human services by November
30, 2009, and a semiannual report on progress until the transition is
completed. The commissioner of human
services shall solicit interest from stakeholders and potential community
partners 2010. The
individuals working in employed by the community-based services facilities
under this section are state employees supervised by the commissioner of human
services. No layoffs shall occur as a
result of restructuring under this section.
Savings generated as a result of transitioning patients from the
Anoka-Metro Regional Treatment Center to community-based services may be used
to fund supportive housing staffed by state employees.
Sec. 19. REPORT
ON HUMAN SERVICES FISCAL NOTES.
The commissioner of management and budget shall issue a report to the
legislature no later than November 15, 2010, making
recommendations for improving the preparation and delivery of fiscal notes
under Minnesota Statutes, section 3.98, relating to human services. The report shall consider: (1) the establishment of an independent
fiscal note office in the human services department and (2) transferring the
responsibility for preparing human services fiscal notes to the legislature. The report must include detailed information
regarding the financial costs, staff resources, training, access to
information, and data protection issues relative to the preparation of human
services fiscal notes. The report shall
describe methods and procedures used by other states to insure independence and
accuracy of fiscal estimates on legislative proposals for changes in human
services.
Sec. 20. PRESCRIPTION
DRUG WASTE REDUCTION.
The
Minnesota Board of Pharmacy, in cooperation with the commissioners of human
services, pollution control, health, veterans affairs, and corrections, shall study
prescription drug waste reduction techniques and technologies applicable to
long-term care facilities, veterans nursing homes, and correctional facilities. In conducting the study, the commissioners
shall consult with the Minnesota Pharmacists Association, the University of
Minnesota College of Pharmacy, University of Minnesota's Minnesota Technical
Assistance Project, consumers, long-term care providers, and other interested
parties. The board shall evaluate the
extent to which new prescription drug waste reduction techniques and
technologies can reduce the amount of prescription drugs that enter the waste
stream and reduce state prescription drug costs. The techniques and technologies studied must
include, but are not limited to, daily, weekly, and automated dose dispensing. The study must provide an estimate of the
cost of adopting these and other techniques and technologies, and an estimate
of waste reduction and state prescription drug savings that would result from
adoption. The study must also evaluate
methods of encouraging the adoption of effective drug waste reduction
techniques and technologies. The board
shall present recommendations on the adoption of new prescription drug waste
reduction techniques and technologies to the legislature by December 15, 2011.
Sec. 21. VETERINARY
PRACTICE AND CONTROLLED SUBSTANCE ABUSE STUDY.
The Board of
Pharmacy, in consultation with the Prescription Electronic Reporting Advisory
Committee and the Board of Veterinary Medical Practice, shall study the issue
of the diversion of controlled substances from veterinary practice and report
to the chairs and ranking minority members of the senate health and human
services policy and finance division and the house of representatives health
care and human services policy and finance division by December 15, 2011, on
recommendations to include veterinarians in the prescription electronic
reporting system in Minnesota Statutes, section 152.126.
Sec. 22. REPEALER.
Minnesota
Statutes 2008, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09,
subdivisions 4, 5, and 7, are repealed.
Sec. 23. EFFECTIVE
DATE.
Sections 8
to 14 and 22 are effective for claims paid on or after July 1, 2010.
ARTICLE 5
DEPARTMENT
OF HEALTH
Section 1. Minnesota Statutes 2008, section 62D.08, is
amended by adding a subdivision to read:
Subd. 7. Consistent
administrative expenses and investment income reporting. (a) Every health maintenance
organization must directly allocate administrative expenses to specific lines
of business or products when such information is available. Remaining expenses that cannot be directly
allocated must be allocated based on other methods, as recommended by the
Advisory Group on Administrative Expenses.
Health maintenance organizations must submit this information, including
administrative expenses for dental services, using the reporting template
provided by the commissioner of health.
(b) Every
health maintenance organization must allocate investment income based on
cumulative net income over time by business line or product and must submit
this information, including investment income for dental services, using the
reporting template provided by the commissioner of health.
EFFECTIVE DATE. This section
is effective January 1, 2013.
Sec. 2. [62D.31]
ADVISORY GROUP ON ADMINISTRATIVE EXPENSES.
Subdivision
1. Establishment. The
Advisory Group on Administrative Expenses is established to make
recommendations on the development of consistent guidelines and reporting
requirements, including development of a reporting template, for health
maintenance organizations and county-based purchasing plans that participate in
publicly funded programs.
Subd. 2. Membership. The membership of the advisory group
shall be comprised of the following, who serve at the pleasure of their
appointing authority:
(1) the
commissioner of health or the commissioner's designee;
(2) the
commissioner of human services or the commissioner's designee;
(3) the
commissioner of commerce or the commissioner's designee; and
(4)
representatives of health maintenance organizations and county-based purchasers
appointed by the commissioner of health.
Subd. 3. Administration. The commissioner of health shall
convene the first meeting of the advisory group by December 1, 2010, and shall
provide administrative support and staff.
The commissioner of health may contract with a consultant to provide
professional assistance and expertise to the advisory group.
Subd. 4. Recommendations. The Advisory Group on Administrative
Expenses must report its recommendations, including any proposed legislation
necessary to implement the recommendations, to the commissioner of health and
to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over health policy and finance by February 15,
2012.
Subd. 5. Expiration. This section expires after submission
of the report required under subdivision 4 or June 30, 2012, whichever is
sooner.
Sec. 3. Minnesota Statutes 2008, section 62Q.19, subdivision
1, is amended to read:
Subdivision
1. Designation. (a) The commissioner shall designate
essential community providers. The
criteria for essential community provider designation shall be the following:
(1) a
demonstrated ability to integrate applicable supportive and stabilizing
services with medical care for uninsured
persons and high-risk and special needs populations, underserved, and other
special needs populations; and
(2) a
commitment to serve low-income and underserved populations by meeting the
following requirements:
(i) has
nonprofit status in accordance with chapter 317A;
(ii) has
tax exempt status in accordance with the Internal Revenue Service Code, section
501(c)(3);
(iii)
charges for services on a sliding fee schedule based on current poverty income
guidelines; and
(iv) does
not restrict access or services because of a client's financial limitation;
(3) status
as a local government unit as defined in section 62D.02, subdivision 11, a
hospital district created or reorganized under sections 447.31 to 447.37, an
Indian tribal government, an Indian health service unit, or a community health
board as defined in chapter 145A;
(4) a former
state hospital that specializes in the treatment of cerebral palsy, spina
bifida, epilepsy, closed head injuries, specialized orthopedic problems, and
other disabling conditions; or
(5) a sole
community hospital. For these rural
hospitals, the essential community provider designation applies to all health
services provided, including both inpatient and outpatient services. For purposes of this section, "sole
community hospital" means a rural hospital that:
(i) is
eligible to be classified as a sole community hospital according to Code of
Federal Regulations, title 42, section 412.92, or is located in a community
with a population of less than 5,000 and located more than 25 miles from a like
hospital currently providing acute short-term services;
(ii) has
experienced net operating income losses in two of the previous three most
recent consecutive hospital fiscal years for which audited financial
information is available; and
(iii)
consists of 40 or fewer licensed beds; or
(6) a birth
center licensed under section 144.615.
(b) Prior to
designation, the commissioner shall publish the names of all applicants in the
State Register. The public shall have 30
days from the date of publication to submit written comments to the
commissioner on the application. No
designation shall be made by the commissioner until the 30-day period has expired.
(c) The
commissioner may designate an eligible provider as an essential community
provider for all the services offered by that provider or for specific services
designated by the commissioner.
(d) For the
purpose of this subdivision, supportive and stabilizing services include at a
minimum, transportation, child care, cultural, and linguistic services where
appropriate.
Sec. 4. Minnesota Statutes 2008, section 144.05, is
amended by adding a subdivision to read:
Subd. 5. Firearms
data. Notwithstanding any law
to the contrary, the commissioner of health is prohibited from collecting data
on individuals regarding lawful firearm ownership in the state or data related
to an individual's right to carry a weapon under section 624.714.
Sec. 5. Minnesota Statutes 2008, section 144.226,
subdivision 3, is amended to read:
Subd. 3. Birth
record surcharge. (a) In
addition to any fee prescribed under subdivision 1, there shall be a
nonrefundable surcharge of $3 for each certified birth or stillbirth record and
for a certification that the vital record cannot be found. The local or state registrar shall forward
this amount to the commissioner of management and budget for deposit into the
account for the children's trust fund for the prevention of child abuse
established under section 256E.22. This
surcharge shall not be charged under those circumstances in which no fee for a
certified birth or stillbirth record is permitted under subdivision 1,
paragraph (a). Upon certification by the
commissioner of management and budget that the assets in that fund exceed
$20,000,000, this surcharge shall be discontinued.
(b) In
addition to any fee prescribed under subdivision 1, there shall be a
nonrefundable surcharge of $10 for each certified birth record. The local or state registrar shall forward
this amount to the commissioner of management and budget for deposit in the
general fund. This surcharge shall not
be charged under those circumstances in which no fee for a certified birth
record is permitted under subdivision 1, paragraph (a).
EFFECTIVE DATE. This section
is effective July 1, 2010.
Sec. 6. Minnesota Statutes 2008, section 144.293,
subdivision 4, is amended to read:
Subd. 4. Duration
of consent. Except as provided in
this section, a consent is valid for one year or for a lesser period
specified in the consent or for a different period provided by law.
Sec. 7. [144.615]
BIRTH CENTERS.
Subdivision
1. Definitions. (a)
For purposes of this section, the following definitions have the meanings given
them.
(b)
"Birth center" means a facility licensed for the primary purpose of
performing low-risk deliveries that is not a hospital or licensed as part of a
hospital and where births are planned to occur away from the mother's usual
residence following a low-risk pregnancy.
(c)
"CABC" means the Commission for the Accreditation of Birth Centers.
(d)
"Low-risk pregnancy" means a normal, uncomplicated prenatal course as
determined by documentation of adequate prenatal care and the anticipation of a
normal uncomplicated labor and birth, as defined by reasonable and generally
accepted criteria adopted by professional groups for maternal, fetal, and
neonatal health care.
Subd. 2. License
required. (a) Beginning
January 1, 2011, no birth center shall be established, operated, or maintained
in the state without first obtaining a license from the commissioner of health
according to this section.
(b) A
license issued under this section is not transferable or assignable and is
subject to suspension or revocation at any time for failure to comply with this
section.
(c) A birth
center licensed under this section shall not assert, represent, offer, provide,
or imply that the center is or may render care or services other than the
services it is permitted to render within the scope of the license or the
accreditation issued.
(d) The
license must be conspicuously posted in an area where patients are admitted.
Subd. 3. Temporary
license. For new birth
centers planning to begin operations after January 1, 2011, the commissioner
may issue a temporary license to the birth center that is valid for a period of
six months from the date of issuance. The
birth center must submit to the commissioner an application and applicable fee
for licensure as required under subdivision 4.
The application must include the information required in subdivision 4,
clauses (1) to (3) and (5) to (7), and documentation that the birth center has
submitted an application for accreditation to the CABC. Upon receipt of accreditation from the CABC,
the birth center must submit to the commissioner the information required in
subdivision 4, clause (4), and the applicable fee under subdivision 8. The commissioner shall issue a new license.
Subd. 4. Application. An application for a license to
operate a birth center and the applicable fee under subdivision 8 must be
submitted to the commissioner on a form provided by the commissioner and must
contain:
(1) the name
of the applicant;
(2) the site
location of the birth center;
(3) the name
of the person in charge of the center;
(4)
documentation that the accreditation described under subdivision 6 has been
issued, including the effective date and the expiration date of the
accreditation, and the date of the last site visit by the CABC;
(5) the
number of patients the birth center is capable of serving at a given time;
(6) the
names and license numbers, if applicable, of the health care professionals on
staff at the birth center; and
(7) any other
information the commissioner deems necessary.
Subd. 5. Suspension,
revocation, and refusal to renew. The
commissioner may refuse to grant or renew, or may suspend or revoke, a license
on any of the grounds described under section 144.55, subdivision 6, paragraph
(a), clause (2), (3), or (4), or upon the loss of accreditation by the CABC. The applicant or licensee is entitled to
notice and a hearing as described under section 144.55, subdivision 7, and a
new license may be issued after proper inspection of the birth center has been
conducted.
Subd. 6. Standards
for licensure. (a) To be
eligible for licensure under this section, a birth center must be accredited by
the CABC or must obtain accreditation within six months of the date of the
application for licensure. If the birth
center loses its accreditation, the birth center must immediately notify the
commissioner.
(b) The
center must have procedures in place specifying criteria by which risk status
will be established and applied to each woman at admission and during labor.
(c) Upon
request, the birth center shall provide the commissioner of health with any
material submitted by the birth center to the CABC as part of the accreditation
process, including the accreditation application, the self-evaluation report,
the accreditation decision letter from the CABC, and any reports from the CABC
following a site visit.
Subd. 7. Limitations
of services. (a) The
following limitations apply to the services performed at a birth center:
(1)
surgical procedures must be limited to those normally accomplished during an
uncomplicated birth, including episiotomy and repair;
(2) no
abortions may be administered; and
(3) no
general or regional anesthesia may be administered.
(b)
Notwithstanding paragraph (a), local anesthesia may be administered at a birth
center if the administration of the anesthetic is performed within the scope of
practice of a health care professional.
Subd. 8. Fees. (a) The biennial license fee for a
birth center is $365.
(b) The
temporary license fee is $365.
(c) Fees
shall be collected and deposited according to section 144.122.
Subd. 9. Renewal. (a) Except as provided in paragraph
(b), a license issued under this section expires two years from the date of
issue.
(b) A temporary
license issued under subdivision 3 expires six months from the date of issue,
and may be renewed for one additional six-month period.
(c) An
application for renewal shall be submitted at least 60 days prior to expiration
of the license on forms prescribed by the commissioner of health.
Subd. 10. Records. All health records maintained on each
client by a birth center are subject to sections 144.292 to 144.298.
Subd. 11. Report. (a) The commissioner of health, in
consultation with the commissioner of human services and representatives of the
licensed birth centers, the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, the Minnesota Hospital
Association, and the Minnesota Ambulance Association, shall evaluate the
quality of care and outcomes for services provided in licensed birth centers,
including, but not limited to, the utilization of services provided at a birth
center, the outcomes of care provided to both mothers and newborns, and the
numbers of transfers to other health care facilities that are required and the
reasons for the transfers. The
commissioner shall work with the birth centers to establish a process to gather
and analyze the data within protocols that protect the confidentiality of
patient identification.
(b) The
commissioner of health shall report the findings of the evaluation to the
legislature by January 15, 2014.
Sec. 8. Minnesota Statutes 2008, section 144.651,
subdivision 2, is amended to read:
Subd. 2. Definitions. For the purposes of this section,
"patient" means a person who is admitted to an acute care inpatient
facility for a continuous period longer than 24 hours, for the purpose of
diagnosis or treatment bearing on the physical or mental health of that person. For purposes of subdivisions 4 to 9, 12, 13,
15, 16, and 18 to 20, "patient" also means a person who receives
health care services at an outpatient surgical center or at a birth center
licensed under section 144.615. "Patient"
also means a minor who is admitted to a residential program as defined in
section 253C.01. For purposes of
subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any
person who is receiving mental health treatment on an outpatient basis or in a
community support program or other community-based program. "Resident" means a person who is
admitted to a nonacute care facility including extended care facilities,
nursing homes, and boarding care homes for care required because of prolonged
mental or physical illness or disability, recovery from injury or disease, or
advancing age. For purposes of all
subdivisions except subdivisions 28 and 29, "resident" also means a
person who is admitted to a facility licensed as a board and lodging facility
under Minnesota Rules, parts 4625.0100 to 4625.2355, or a supervised living
facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which
operates a rehabilitation program licensed under Minnesota Rules, parts
9530.4100 to 9530.4450.
Sec. 9. Minnesota Statutes 2008, section 144.9504, is
amended by adding a subdivision to read:
Subd. 12. Blood
lead level guidelines. (a) By
January 1, 2011, the commissioner must revise clinical and case management
guidelines to include recommendations for protective health actions and
follow-up services when a child's blood lead level exceeds five micrograms of
lead per deciliter of blood. The revised
guidelines must be implemented to the extent possible using available
resources.
(b) In
revising the clinical and case management guidelines for blood lead levels
greater than five micrograms of lead per deciliter of blood under this
subdivision, the commissioner of health must consult with a statewide
organization representing physicians, the public health department of
Minneapolis and other public health departments, one representative of the
residential construction industry, and a nonprofit organization with expertise
in lead abatement.
Sec. 10. Minnesota Statutes 2008, section 144A.51,
subdivision 5, is amended to read:
Subd. 5. Health
facility. "Health
facility" means a facility or that part of a facility which is required to
be licensed pursuant to sections 144.50 to 144.58, 144.615, and a
facility or that part of a facility which is required to be licensed under any
law of this state which provides for the licensure of nursing homes.
Sec. 11. Minnesota Statutes 2008, section 144E.37, is
amended to read:
144E.37 COMPREHENSIVE ADVANCED LIFE SUPPORT.
The board
commissioner of health shall establish a comprehensive advanced
life-support educational program to train rural medical personnel, including
physicians, physician assistants, nurses, and allied health care providers, in
a team approach to anticipate, recognize, and treat life-threatening
emergencies before serious injury or cardiac arrest occurs.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 12. HEALTH
PLAN AND COUNTY ADMINISTRATIVE COST REDUCTION; REPORTING REQUIREMENTS.
(a)
Minnesota health plans and county-based purchasing plans may complete an
inventory of existing data collection and reporting requirements for health
plans and county-based purchasing plans and submit to the commissioners of
health and human services a list of data, documentation, and reports that:
(1) are
collected from the same health plan or county-based purchasing plan more than
once;
(2) are
collected directly from the health plan or county-based purchasing plan but are
available to the state agencies from other sources;
(3) are not
currently being used by state agencies; or
(4) collect
similar information more than once in different formats, at different times, or
by more than one state agency.
(b) The
report to the commissioners may also identify the percentage of health plan and
county-based purchasing plan administrative time and expense attributed to
fulfilling reporting requirements and include recommendations regarding ways to
reduce duplicative reporting requirements.
(c) Upon
receipt, the commissioners shall submit the inventory and recommendations to
the chairs of the appropriate legislative committees, along with their comments
and recommendations as to whether any action should be taken by the legislature
to establish a consolidated and streamlined reporting system under which data,
reports, and documentation are collected only once and only when needed for the
state agencies to fulfill their duties under law and applicable regulations.
Sec. 13. VENDOR
ACCREDITATION SIMPLIFICATION.
The
Minnesota Hospital Association must coordinate with the Minnesota Credentialing
Collaborative to make recommendations by January 1, 2012, on the development of
standard accreditation methods for vendor services provided within hospitals
and clinics. The recommendations must be
consistent with requirements of hospital credentialing organizations and
applicable federal requirements.
Sec. 14. APPLICATION
PROCESS FOR HEALTH INFORMATION EXCHANGE.
To the
extent that the commissioner of health applies for additional federal funding
to support the commissioner's responsibilities of developing and maintaining
state level health information exchange under section 3013 of the HITECH Act,
the commissioner of health shall ensure that applications are made through an
open process that provides health information exchange service providers equal
opportunity to receive funding.
Sec. 15. TRANSFER.
The powers
and duties of the Emergency Medical Services Regulatory Board with respect to
the comprehensive advanced life-support educational program under Minnesota
Statutes, section 144E.37, are transferred to the commissioner of health under
Minnesota Statutes, section 15.039.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 16. REVISOR'S
INSTRUCTION.
The revisor
of statutes shall renumber Minnesota Statutes, section 144E.37, as Minnesota
Statutes, section 144.6062, and make all necessary changes in statutory
cross-references in Minnesota Statutes and Minnesota Rules.
EFFECTIVE DATE. This
section is effective July 1, 2010.
ARTICLE 6
PUBLIC
HEALTH
Section 1. Minnesota Statutes 2008, section 62J.692,
subdivision 4, is amended to read:
Subd. 4. Distribution
of funds. (a) Following the
distribution described under paragraph (b), the commissioner shall annually
distribute the available medical education funds to all qualifying applicants
based on a distribution formula that reflects a summation of two factors:
(1) a
public program volume factor, which is determined by the total volume of public
program revenue received by each training site as a percentage of all public
program revenue received by all training sites in the fund pool; and
(2) a
supplemental public program volume factor, which is determined by providing a
supplemental payment of 20 percent of each training site's grant to training
sites whose public program revenue accounted for at least 0.98 percent of the
total public program revenue received by all eligible training sites. Grants to training sites whose public program
revenue accounted for less than 0.98 percent of the total public program
revenue received by all eligible training sites shall be reduced by an amount
equal to the total value of the supplemental payment.
Public
program revenue for the distribution formula includes revenue from medical
assistance, prepaid medical assistance, general assistance medical care, and
prepaid general assistance medical care.
Training sites that receive no public program revenue are ineligible for
funds available under this subdivision. For
purposes of determining training-site level grants to be distributed under paragraph
(a), total statewide average costs per trainee for medical residents is based
on audited clinical training costs per trainee in primary care clinical medical
education programs for medical residents.
Total statewide average costs per trainee for dental residents is based
on audited clinical training costs per trainee in clinical medical education
programs for dental students. Total
statewide average costs per trainee for pharmacy residents is based on audited
clinical training costs per trainee in clinical medical education programs for
pharmacy students.
(b)
$5,350,000 of the available medical education funds shall be distributed as
follows:
(1)
$1,475,000 to the University of Minnesota Medical Center-Fairview;
(2)
$2,075,000 to the University of Minnesota School of Dentistry; and
(3)
$1,800,000 to the Academic Health Center.
$150,000 of the funds distributed to the Academic Health Center under
this paragraph shall be used for a program to assist internationally trained
physicians who are legal residents and who commit to serving underserved
Minnesota communities in a health professional shortage area to successfully
compete for family medicine residency programs at the University of Minnesota.
(c) Funds
distributed shall not be used to displace current funding appropriations from
federal or state sources.
(d) Funds
shall be distributed to the sponsoring institutions indicating the amount to be
distributed to each of the sponsor's clinical medical education programs based
on the criteria in this subdivision and in accordance with the commissioner's
approval letter. Each clinical medical
education program must distribute funds allocated under paragraph (a) to the
training sites as specified in the commissioner's approval letter. Sponsoring institutions, which are accredited
through an organization recognized by the Department of Education or the
Centers for Medicare and Medicaid Services, may contract directly with training
sites to provide clinical training. To
ensure the quality of clinical training, those accredited sponsoring
institutions must:
(1) develop
contracts specifying the terms, expectations, and outcomes of the clinical
training conducted at sites; and
(2) take
necessary action if the contract requirements are not met. Action may include the withholding of
payments under this section or the removal of students from the site.
(e) Any
funds not distributed in accordance with the commissioner's approval letter
must be returned to the medical education and research fund within 30 days of
receiving notice from the commissioner. The
commissioner shall distribute returned funds to the appropriate training sites
in accordance with the commissioner's approval letter.
(f) A
maximum of $150,000 of the funds dedicated to the commissioner under section
297F.10, subdivision 1, clause (2), may be used by the commissioner for
administrative expenses associated with implementing this section.
Sec. 2. Minnesota Statutes 2009 Supplement, section
157.16, subdivision 3, is amended to read:
Subd. 3. Establishment
fees; definitions. (a) The following
fees are required for food and beverage service establishments, youth camps,
hotels, motels, lodging establishments, public pools, and resorts licensed
under this chapter. Food and beverage
service establishments must pay the highest applicable fee under paragraph (d),
clause (1), (2), (3), or (4), and establishments serving alcohol must pay the
highest applicable fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
licensed under this chapter for the same calendar year is one-half of the
appropriate annual license fee, plus any penalty that may be required. The license fee for operators opening on or
after October 1 is one-half of the appropriate annual license fee, plus any
penalty that may be required.
(b) All
food and beverage service establishments, except special event food stands, and
all hotels, motels, lodging establishments, public pools, and resorts shall pay
an annual base fee of $150.
(c) A special
event food stand shall pay a flat fee of $50 annually. "Special event food stand" means a
fee category where food is prepared or served in conjunction with celebrations,
county fairs, or special events from a special event food stand as defined in
section 157.15.
(d) In
addition to the base fee in paragraph (b), each food and beverage service
establishment, other than a special event food stand, and each hotel, motel,
lodging establishment, public pool, and resort shall pay an additional annual fee
for each fee category, additional food service, or required additional
inspection specified in this paragraph:
(1) Limited
food menu selection, $60. "Limited
food menu selection" means a fee category that provides one or more of the
following:
(i)
prepackaged food that receives heat treatment and is served in the package;
(ii) frozen
pizza that is heated and served;
(iii) a
continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
(iv) soft
drinks, coffee, or nonalcoholic beverages; or
(v)
cleaning for eating, drinking, or cooking utensils, when the only food served
is prepared off site.
(2) Small
establishment, including boarding establishments, $120. "Small establishment" means a fee
category that has no salad bar and meets one or more of the following:
(i)
possesses food service equipment that consists of no more than a deep fat
fryer, a grill, two hot holding containers, and one or more microwave ovens;
(ii) serves
dipped ice cream or soft serve frozen desserts;
(iii)
serves breakfast in an owner-occupied bed and breakfast establishment;
(iv) is a
boarding establishment; or
(v) meets
the equipment criteria in clause (3), item (i) or (ii), and has a maximum
patron seating capacity of not more than 50.
(3) Medium
establishment, $310. "Medium
establishment" means a fee category that meets one or more of the
following:
(i)
possesses food service equipment that includes a range, oven, steam table, salad
bar, or salad preparation area;
(ii)
possesses food service equipment that includes more than one deep fat fryer,
one grill, or two hot holding containers; or
(iii) is an
establishment where food is prepared at one location and served at one or more
separate locations.
Establishments
meeting criteria in clause (2), item (v), are not included in this fee category.
(4) Large
establishment, $540. "Large
establishment" means either:
(i) a fee
category that (A) meets the criteria in clause (3), items (i) or (ii), for a
medium establishment, (B) seats more than 175 people, and (C) offers the full
menu selection an average of five or more days a week during the weeks of
operation; or
(ii) a fee
category that (A) meets the criteria in clause (3), item (iii), for a medium
establishment, and (B) prepares and serves 500 or more meals per day.
(5) Other
food and beverage service, including food carts, mobile food units, seasonal
temporary food stands, and seasonal permanent food stands, $60.
(6) Beer or
wine table service, $60. "Beer or
wine table service" means a fee category where the only alcoholic beverage
service is beer or wine, served to customers seated at tables.
(7)
Alcoholic beverage service, other than beer or wine table service, $165.
"Alcohol
beverage service, other than beer or wine table service" means a fee
category where alcoholic mixed drinks are served or where beer or wine are
served from a bar.
(8) Lodging
per sleeping accommodation unit, $10, including hotels, motels, lodging
establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping accommodation
unit" means a fee category including the number of guest rooms, cottages,
or other rental units of a hotel, motel, lodging establishment, or resort; or
the number of beds in a dormitory.
(9) First
public pool, $325; each additional public pool, $175. "Public pool" means a fee category
that has the meaning given in section 144.1222, subdivision 4.
(10) First
spa, $175; each additional spa, $100. "Spa
pool" means a fee category that has the meaning given in Minnesota Rules,
part 4717.0250, subpart 9.
(11)
Private sewer or water, $60. "Individual
private water" means a fee category with a water supply other than a
community public water supply as defined in Minnesota Rules, chapter 4720. "Individual private sewer" means a
fee category with an individual sewage treatment system which uses subsurface
treatment and disposal.
(12)
Additional food service, $150. "Additional
food service" means a location at a food service establishment, other than
the primary food preparation and service area, used to prepare or serve food to
the public.
(13)
Additional inspection fee, $360. "Additional
inspection fee" means a fee to conduct the second inspection each year for
elementary and secondary education facility school lunch programs when required
by the Richard B. Russell National
School Lunch Act.
(e) A fee
for review of construction plans must accompany the initial license application
for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
stands, and mobile food units. The fee
for this construction plan review is as follows:
Service
Area Type Fee
Food limited
food menu $275
small
establishment $400
medium
establishment $450
large
food establishment $500
additional
food service $150
Transient food service food
cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $350
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $375
25
to less than 100 rooms $400
100
rooms or more $500
less
than five cabins $350
five
to less than ten cabins $400
ten
cabins or more $450
(f) When existing food and beverage service establishments,
hotels, motels, lodging establishments, resorts, seasonal food stands, and
mobile food units are extensively remodeled, a fee must be submitted with the
remodeling plans. The fee for this
construction plan review is as follows:
Service Area Type Fee
Food limited
food menu $250
small
establishment $300
medium
establishment $350
large
food establishment $400
additional
food service $150
Transient food service food
cart $250
seasonal
permanent food stand $250
seasonal
temporary food stand $250
mobile
food unit $250
Alcohol beer
or wine table service $150
alcohol
service from bar $250
Lodging less
than 25 rooms $250
25
to less than 100 rooms $300
100
rooms or more $450
less
than five cabins $250
five
to less than ten cabins $350
ten
cabins or more $400
(g) Special event food stands are not required to
submit construction or remodeling plans for review.
(h) Youth camps shall pay an annual single fee for
food and lodging as follows:
(1) camps with up to 99 campers, $325;
(2) camps with 100 to 199 campers, $550; and
(3) camps with 200 or more campers, $750.
(i) A youth camp which pays fees under paragraph (d)
is not required to pay fees under paragraph (h).
Sec. 3. Minnesota
Statutes 2009 Supplement, section 327.15, subdivision 3, is amended to read:
Subd. 3. Fees, manufactured home parks and
recreational camping areas. (a) The
following fees are required for manufactured home parks and recreational
camping areas licensed under this chapter.
Recreational camping areas and manufactured home parks shall pay the
highest applicable base fee under paragraph (c) (b). The
license fee for new operators of a manufactured home
park or recreational camping area previously licensed under this chapter for
the same calendar year is one-half of the appropriate annual license fee, plus
any penalty that may be required. The
license fee for operators opening on or after October 1 is one-half of the
appropriate annual license fee, plus any penalty that may be required.
(b) All manufactured home parks and recreational
camping areas shall pay the following annual base fee:
(1) a manufactured home park, $150; and
(2) a recreational camping area with:
(i) 24 or less sites, $50;
(ii) 25 to 99 sites, $212; and
(iii) 100 or more sites, $300.
In addition
to the base fee, manufactured home parks and recreational camping areas shall
pay $4 for each licensed site. This
paragraph does not apply to special event recreational camping areas or to. Operators of a manufactured home park or a
recreational camping area also licensed under section 157.16 for the
same location shall pay only one base fee, whichever is the highest of the
base fees found in this section or section 157.16.
(c) In addition to the fee in paragraph (b), each
manufactured home park or recreational camping area shall pay an additional
annual fee for each fee category specified in this paragraph:
(1) Manufactured home parks and recreational camping
areas with public swimming pools and spas shall pay the appropriate fees
specified in section 157.16.
(2) Individual private sewer or water, $60. "Individual private water" means a
fee category with a water supply other than a community public water supply as
defined in Minnesota Rules, chapter 4720.
"Individual private sewer" means a fee category with a
subsurface sewage treatment system which uses subsurface treatment and
disposal.
(d) The following fees must accompany a plan review
application for initial construction of a manufactured home park or recreational
camping area:
(1) for initial construction of less than 25 sites,
$375;
(2) for initial construction of 25 to 99 sites, $400;
and
(3) for initial construction of 100 or more sites,
$500.
(e) The following fees must accompany a plan review application
when an existing manufactured home park or recreational camping area is
expanded:
(1) for expansion of less than 25 sites, $250;
(2) for expansion of 25 to 99 sites, $300; and
(3) for expansion of 100 or more sites, $450.
Sec. 4. FOOD SUPPORT FOR CHILDREN WITH SEVERE
ALLERGIES.
The commissioner of human services must seek a federal
waiver from the federal Department of Agriculture, Food and Nutrition Service,
for the supplemental nutrition assistance program, to increase the income eligibility
requirements to 375 percent of the federal poverty guidelines, in order to
cover nutritional food products required to treat or manage severe food
allergies, including allergies to wheat and gluten, for infants and children
who have been diagnosed with life-threatening severe food allergies.
ARTICLE 7
HEALTH CARE REFORM
Section 1. [62E.20] RELATIONSHIP TO TEMPORARY
FEDERAL HIGH-RISK POOL.
Subdivision 1.
Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Association" means the Minnesota
Comprehensive Health Association.
(c) "Federal law" means Title I, subtitle B,
section 1101, of the federal Patient Protection and Affordable Care Act, Public
Law 111-148, including any federal regulations adopted under it.
(d) "Federal qualified high-risk pool" means
an arrangement established by the federal secretary of health and human
services that meets the requirements of the federal law.
Subd. 2.
Timing of this section. This section applies beginning the
date the temporary federal qualified high-risk health pool created under the
federal law begins to provide coverage in this state.
Subd. 3.
Maintenance of effort. The assessments made by the
comprehensive health association on its member insurers must comply with the
maintenance of effort requirement contained in paragraph (b), clause (3), of
the federal law, to the extent that the requirement applies to assessments made
by the association.
Subd. 4.
Coordination with state health
care programs. The
commissioner of commerce and the Minnesota Comprehensive Health Association
shall ensure that applicants for coverage through the federal qualified
high-risk pool, or through the Minnesota Comprehensive Health Association, are
referred to the medical assistance or MinnesotaCare programs if they are
determined to be potentially eligible for coverage through those programs. The commissioner of human services shall
ensure that applicants for coverage under medical assistance or MinnesotaCare
who are determined not to be eligible for those programs are provided
information about coverage through the federal qualified high-risk pool and the
Minnesota Comprehensive Health Association.
Subd. 5.
Federal funding. Minnesota shall coordinate its efforts
with the United States Department of Health and Human Services (HHS) to obtain
the federal funds to implement in Minnesota the federal qualified
high-risk pool.
Sec. 2. [256B.0756] COORDINATED CARE THROUGH A
HEALTH HOME.
Subdivision 1.
Provision of coverage. (a) The commissioner shall provide
medical assistance coverage of health home services for eligible individuals
with chronic conditions who select a designated provider, a team of health care
professionals, or a health team as the individual's health home.
(b) The commissioner shall implement this section in
compliance with the requirements of the state option to provide health homes
for enrollees with chronic conditions, as provided under the Patient Protection
and Affordable Care Act, Public Law 111-148, sections 2703 and 3502. Terms used in this section have the meaning
provided in that act.
Subd. 2.
Eligible individual. An individual is eligible for health
home services under this section if the individual is eligible for medical
assistance under this chapter and has at least:
(1) two chronic conditions;
(2) one chronic condition and is at risk of having a
second chronic condition; or
(3) one serious and persistent mental health condition.
Subd. 3.
Health home services. (a) Health home services means
comprehensive and timely high-quality services that are provided by a health
home. These services include:
(1) comprehensive care management;
(2) care coordination and health promotion;
(3) comprehensive transitional care, including
appropriate follow-up, from inpatient to other settings;
(4) patient and family support, including authorized
representatives;
(5) referral to community and social support services,
if relevant; and
(6) use of health information technology to link
services, as feasible and appropriate.
(b) The commissioner shall maximize the number and type
of services included in this subdivision to the extent permissible under
federal law, including physician, outpatient, mental health treatment, and
rehabilitation services necessary for comprehensive transitional care following
hospitalization.
Subd. 4.
Health teams. The commissioner shall establish
health teams to support the patient-centered health home and provide the
services described in subdivision 3 to individuals eligible under subdivision 2. The commissioner shall apply for grants or
contracts as provided under section 3502 of the Patient Protection and
Affordable Care Act to establish health teams and provide capitated payments to
primary care providers. For purposes of
this section, "health teams" means community-based,
interdisciplinary, inter-professional teams of health care providers that
support primary care practices. These
providers may include medical specialists, nurses, advanced practice registered
nurses, pharmacists, nutritionists, social workers, behavioral and mental
health providers, doctors of chiropractic, licensed complementary and
alternative medicine practitioners, and physician assistants.
Subd. 5.
Payments. The commissioner shall make payments
to each health home and each health team for the provision of health home
services to each eligible individual with chronic conditions that selects the
health home as a provider.
Subd. 6.
Coordination. The commissioner, to the extent
feasible, shall ensure that the requirements and payment methods for health
homes and health teams developed under this section are consistent with the
requirements and payment methods for health care homes established under
sections 256B.0751 and 256B.0753. The
commissioner may modify requirements and payment methods under sections
256B.0751 and 256B.0753 in order to be consistent with federal health home
requirements and payment methods.
Subd. 7.
State plan amendment. The commissioner shall submit a state
plan amendment to implement this section to the federal Centers for Medicare
and Medicaid Services by January 1, 2011.
EFFECTIVE
DATE. This section is effective January
1, 2011, or upon federal approval, whichever is later.
Sec. 3. FEDERAL HEALTH CARE REFORM DEMONSTRATION
PROJECTS AND GRANTS.
(a) The commissioner of human services shall seek to
participate in the following demonstration projects, or apply for the following
grants, as described in the federal Patient Protection and Affordable Care Act,
Public Law 111-148:
(1) the demonstration project to evaluate integrated
care around a hospitalization, Public Law 111-148, section 2704;
(2) the Medicaid global payment system demonstration
project, Public Law 111-148, section 2705, including a demonstration project
for the specific population of childless adults under 75 percent of federal
poverty guidelines that were to be served by the general assistance medical
care program;
(3) the pediatric accountable care organization
demonstration project, Public Law 111-148, section 2706;
(4) the Medicaid emergency psychiatric demonstration
project, Public Law 111-148, section 2707; and
(5) grants to provide incentives for prevention of
chronic diseases in Medicaid, Public Law 111-148, section 4108.
(b) The commissioner of human services shall report to
the chairs and ranking minority members of the house of representatives and
senate committees or divisions with jurisdiction over health care policy and
finance on the status of the demonstration project and grant applications. If the state is accepted as a demonstration
project participant, or is awarded a grant, the commissioner shall notify the
chairs and ranking minority members of those committees or divisions of any
legislative changes necessary to implement the demonstration projects or
grants.
(c) The commissioner of health shall apply for federal
grants available under the federal Patient Protection and Affordable Care Act,
Public Law 111-148, for purposes of funding wellness and prevention, and health
improvement programs. To the extent
possible under federal law, the commissioner of health must utilize the state
health improvement program, established under Minnesota Statutes, section
145.986, to implement grant programs related to wellness and prevention, and
health improvement, for which the state receives funding under the federal
Patient Protection and Affordable Care Act, Public Law 111-148.
Sec. 4. HEALTH CARE REFORM TASK FORCE.
Subdivision 1.
Task force. (a) The governor shall convene a
Health Care Reform Task Force to advise and assist the governor and the
legislature regarding state implementation of federal health care reform
legislation. For purposes of this
section, "federal health care reform legislation" means the Patient
Protection and Affordable Care Act, Public Law 111-148, and the health care
reform provisions in the Health Care and Education Reconciliation Act of 2010,
Public Law 111-152. The task force shall
consist of:
(1) two legislators from the house of representatives
appointed by the speaker and two legislators from the senate appointed by the
Subcommittee on Committees of the Committee on Rules and Administration;
(2) two representatives appointed by the governor to
represent the governor and state agencies;
(3) three persons appointed by the governor who have
demonstrated leadership in health care organizations, health plan companies, or
health care trade or professional associations;
(4) three persons appointed by the governor who have demonstrated
leadership in employer and group purchaser activities related to health system
improvement of whom two must be from a labor organization and one from the
business community; and
(5) five persons appointed by the governor who have
demonstrated expertise in the areas of health care financing, access, and
quality.
The governor is exempt from the requirements of the
open appointments process for purposes of appointing task force members. Members shall be appointed for one-year terms
and may be reappointed.
(b) The Department of Health, Department of Human
Services, and Department of Commerce shall provide staff support to the task
force. The task force may accept outside
resources to help support its efforts.
(c) Task force members must be appointed by July 1,
2010. The task force must hold its first
meeting by July 15, 2010.
Subd. 2.
Duties. (a) By December 15, 2010, the task
force shall develop and present to the legislature and the governor a
preliminary report and recommendations on state implementation of federal
health care reform legislation. The
report must include recommendations for state law and program changes necessary
to comply with the federal health care reform legislation, and also
recommendations for implementing provisions of the federal legislation that are
optional for states. In developing
recommendations, the task force shall consider the extent to which an approach
maximizes federal funding to the state.
(b) The task force, in consultation with the governor
and the legislature, shall also establish timelines and criteria for future
reports on state implementation of the federal health care reform legislation.
Sec. 5. AMERICAN HEALTH BENEFIT EXCHANGE;
PLANNING PROVISIONS.
Subdivision 1.
Federal planning grants. The commissioners of commerce, health,
and human services shall jointly or separately apply to the federal secretary
of health and human services for one or more planning grants, including renewal
grants, authorized under section 1311 of the Patient Protection and Affordable
Care Act, Public Law 111-148, including any future amendments of that
provision, relating to state creation of American Health Benefit Exchanges.
Subd. 2.
Consideration of early
creation and operation of exchange. (a)
The commissioners referenced in subdivision 1 shall analyze the advantages and
disadvantages to the state of planning to have a state health insurance
exchange, similar to an American Health Benefit Exchange referenced in
subdivision 1, begin prior to the federal deadline of January 1, 2014.
(b) The commissioners shall provide a written report
to the legislature on the results of the analysis required under paragraph (a)
no later than December 15, 2010. The
written report must comply with Minnesota Statutes, sections 3.195 and 3.197.
ARTICLE 8
HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1.
SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2010 2011 Total
General $(109,876,000) $(28,344,000) $(138,220,000)
Health Care
Access $99,654,000 $276,500,000 $376,154,000
Federal
TANF $(9,830,000) $15,133,000 $5,303,000
Total $(20,052,000) $263,289,000 $243,237,000
Sec. 2. DEPARTMENT
OF HUMAN SERVICES APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, subtracted
from the appropriations in Laws 2009, chapter 79, article 13, as amended by
Laws 2009, chapter 173, article 2, to the agencies and for the purposes specified
in this article. The appropriations are
from the general fund, or another named fund, and are available for the fiscal
years indicated for each purpose. The
figures "2010" and "2011" used in this article mean that
the addition to or subtraction from appropriations listed under them is
available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year"
is fiscal year 2010. "The second
year" is fiscal year 2011. "The
biennium" is fiscal years 2010 and 2011.
Supplemental appropriations and reductions for the fiscal year ending
June 30, 2010, are effective the day following final enactment unless a
different effective date is explicit.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. DEPARTMENT
OF HUMAN SERVICES
Subdivision 1. Total
Appropriation $(20,052,000) $263,289,000
Appropriations
by Fund
2010 2011
General (109,876,000) (28,344,000)
Health Care
Access 99,654,000 276,500,000
Federal
TANF (9,830,000) 15,133,000
The amounts
that may be spent for each purpose are specified in the following subdivisions.
Subd. 2. Revenue
and Pass-through
Appropriations
by Fund
Federal
TANF 390,000 (251,000)
Subd. 3. Children
and Economic Assistance Grants
Appropriations
by Fund
General 4,489,000 (4,140,000)
Federal
TANF (10,220,000) 15,384,000
The amounts
that may be spent from this appropriation are as follows:
(a) MFIP Grants
General 7,916,000 (14,481,000)
Federal
TANF (10,220,000) 15,384,000
(b) MFIP Child Care Assistance Grants (7,832,000) 2,579,000
(c) General Assistance Grants 875,000 1,339,000
(d) Minnesota Supplemental Aid Grants 2,454,000 3,843,000
(e) Group Residential Housing Grants 1,076,000 2,580,000
Subd. 4. Basic
Health Care Grants
Appropriations
by Fund
General (62,770,000) 29,192,000
Health Care
Access 99,654,000 276,500,000
The amounts
that may be spent from the appropriation for each purpose are as follows:
(a) MinnesotaCare Grants
Health Care
Access 99,654,000 276,500,000
(b) Medical Assistance Basic Health Care -
Families and Children 1,165,000 24,146,000
(c) Medical Assistance Basic Health Care -
Elderly and Disabled (63,935,000) 5,046,000
Subd. 5. Continuing
Care Grants (51,595,000) (53,396,000)
The amounts
that may be spent from the appropriation for each purpose are as follows:
(a) Medical Assistance Long-Term Care
Facilities (3,774,000) (8,275,000)
(b) Medical Assistance Long-Term Care
Waivers (27,710,000) (22,452,000)
(c) Chemical Dependency Entitlement Grants (20,111,000) (22,669,000)
Sec. 4. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 9
HUMAN SERVICES CONTINGENT
APPROPRIATIONS
Section 1.
SUMMARY OF HUMAN SERVICES
APPROPRIATIONS.
The amounts shown in this section
summarize direct appropriations, by fund, made in this bill.
2010 2011 Total
General $-0- $13,383,000 $13,383,000
Health Care
Access -0- 686,000 686,000
Total $-0- $14,069,000 $14,069,000
Sec. 2. HEALTH AND HUMAN SERVICES CONTINGENT
APPROPRIATIONS.
(a) The sums shown in the columns marked
"Appropriations" are added to the appropriations in Laws 2009,
chapter 79, article 13, as amended by Laws 2009, chapter 173, article 2, to the
agency and for the purposes specified in this bill. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose. The figures
"2010" and "2011" used in this bill mean that the addition
to or subtraction from the appropriation
listed under them is available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively.
(b) Upon enactment of the extension of the enhanced federal
medical assistance percentage (FMAP) under Public Law 111-5 to June 30, 2011,
that is contained in the president's budget for federal fiscal year 2011 or
contained in House Resolution 2847, the federal "Jobs for Main Street Act,
2010," or contained in House Resolution 4213, "American Workers,
State, and Business Relief Act of 2010," or subsequent federal
legislation, the appropriations identified in section 3 shall be made for
fiscal year 2011.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. COMMISSIONER
OF HUMAN SERVICES
Subdivision 1. Total
Appropriation $-0- $14,069,000
Appropriations
by Fund
2010 2011
General -0- 13,383,000
Health Care
Access -0- 686,000
The
appropriations for each purpose are shown in the following subdivisions.
Subd. 2. Basic
Health Care Grants
(a) MinnesotaCare Grants -0- 686,000
This
appropriation is from the health care access fund.
(b) Medical Assistance Basic Health Care
Grants - Families and Children -0- 6,297,000
(c) Medical Assistance Basic Health Care
Grants - Elderly and Disabled -0- 3,697,000
Subd. 3. Continuing
Care Grants
(a) Medical Assistance - Long-Term Care
Facilities Grants -0- 2,486,000
(b) Medical Assistance Grants - Long-Term
Care Waivers and Home Care Grants -0- 547,000
(c) Chemical Dependency Entitlement Grants -0- 356,000
Sec. 4. Minnesota Statutes 2008, section 256B.0625,
subdivision 22, is amended to read:
Subd. 22. Hospice
care. Medical assistance covers
hospice care services under Public Law 99-272, section 9505, to the extent
authorized by rule, except that a recipient age 21 or under who elects to
receive hospice services does not waive coverage for services that are related
to the treatment of the condition for which a diagnosis of terminal illness has
been made.
EFFECTIVE DATE. This
section is effective retroactive from March 23, 2010.
Sec. 5. Minnesota Statutes 2009 Supplement, section
256B.0911, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For purposes of this section, the
following definitions apply:
(a)
"Long-term care consultation services" means:
(1)
assistance in identifying services needed to maintain an individual in the most
inclusive environment;
(2)
providing recommendations on cost-effective community services that are available
to the individual;
(3)
development of an individual's person-centered community support plan;
(4)
providing information regarding eligibility for Minnesota health care programs;
(5)
face-to-face long-term care consultation assessments, which may be completed in
a hospital, nursing facility, intermediate care facility for persons with
developmental disabilities (ICF/DDs), regional treatment centers, or the
person's current or planned residence;
(6)
federally mandated screening to determine the need for a institutional level of
care under section 256B.0911, subdivision 4, paragraph (a) subdivision
4a;
(7)
determination of home and community-based waiver service eligibility including
level of care determination for individuals who need an institutional level of
care as defined under section 144.0724, subdivision 11, or 256B.092, service
eligibility including state plan home care services identified in section
256B.0625, subdivisions 6, 7, and 19, paragraphs (a) and (c), based on
assessment and support plan development with appropriate referrals;
(8)
providing recommendations for nursing facility placement when there are no
cost-effective community services available; and
(9)
assistance to transition people back to community settings after facility admission.
(b)
"Long-term care options counseling" means the services provided by
the linkage lines as mandated by sections 256.01 and 256.975, subdivision 7,
and also includes telephone assistance and follow up once a long-term care
consultation assessment has been completed.
(c)
"Minnesota health care programs" means the medical assistance program
under chapter 256B and the alternative care program under section 256B.0913.
(d)
"Lead agencies" means counties or a collaboration of counties,
tribes, and health plans administering long-term care consultation assessment
and support planning services.
Sec. 6. Minnesota Statutes 2008, section 256B.19,
subdivision 1c, is amended to read:
Subd. 1c. Additional
portion of nonfederal share. (a)
Hennepin County shall be responsible for a monthly transfer payment of
$1,500,000, due before noon on the 15th of each month and the University of
Minnesota shall be responsible for a monthly transfer payment of $500,000 due
before noon on the 15th of each month, beginning July 15, 1995. These sums shall be part of the designated
governmental unit's portion of the nonfederal share of medical assistance
costs.
(b)
Beginning July 1, 2001, Hennepin County's payment under paragraph (a) shall be
$2,066,000 each month.
(c) Beginning
July 1, 2001, the commissioner shall increase annual capitation payments to the
metropolitan health plan under section 256B.69 for the prepaid medical
assistance program by approximately $3,400,000, plus any available federal
matching funds, $6,800,000 to recognize higher than average medical
education costs.
(d)
Effective August 1, 2005, Hennepin County's payment under paragraphs (a) and
(b) shall be reduced to $566,000, and the University of Minnesota's payment
under paragraph (a) shall be reduced to zero.
Effective October 1, 2008, to December 31, 2010, Hennepin County's
payment under paragraphs (a) and (b) shall be $434,688. Effective January 1, 2011, Hennepin County's
payment under paragraphs (a) and (b) shall be $566,000.
(e)
Notwithstanding paragraph (d), upon federal enactment of an extension to June
30, 2011, of the enhanced federal medical assistance percentage (FMAP)
originally provided under Public Law 111-5, for the six-month period from
January 1, 2011, to June 30, 2011, Hennepin County's payment under paragraphs
(a) and (b) shall be $434,688.
Sec. 7. Minnesota Statutes 2008, section 256L.15,
subdivision 1, is amended to read:
Subdivision
1. Premium
determination. (a) Families with
children and individuals shall pay a premium determined according to
subdivision 2.
(b)
Pregnant women and children under age two are exempt from the provisions of
section 256L.06, subdivision 3, paragraph (b), clause (3), requiring
disenrollment for failure to pay premiums.
For pregnant women, this exemption continues until the first day of the
month following the 60th day postpartum.
Women who remain enrolled during pregnancy or the postpartum period,
despite nonpayment of premiums, shall be disenrolled on the first of the month
following the 60th day postpartum for the penalty period that otherwise applies
under section 256L.06, unless they begin paying premiums.
(c) Members
of the military and their families who meet the eligibility criteria for
MinnesotaCare upon eligibility approval made within 24 months following the end
of the member's tour of active duty shall have their premiums paid by the
commissioner. The effective date of
coverage for an individual or family who meets the criteria of this paragraph
shall be the first day of the month following the month in which eligibility is
approved. This exemption applies for 12
months. This paragraph expires June 30,
2010. If the expiration of this
provision is in violation of section 5001 of Public Law 111-5, this provision
will expire on the date when it is no longer subject to section 5001 of Public
Law 111-5. The commissioner of human
services shall notify the revisor of statutes of that date.
Sec. 8. Laws 2005, First Special Session chapter 4,
article 8, section 66, as amended by Laws 2009, chapter 173, article 3, section
24, the effective date, is amended to read:
EFFECTIVE DATE.
Paragraph (a) is effective August 1, 2009, and upon
federal approval and on the date when it is no longer subject to the
maintenance of effort requirements of section 5001 of Public Law 111-5. The commissioner of human services shall
notify the revisor of statutes of that date.
Paragraph (e) is effective September 1, 2006.
Sec. 9. Laws 2009, chapter 79, article 5, section 17,
the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective January 1, 2011, or upon federal
approval, whichever is later and on the date when it is no longer
subject to the maintenance of effort requirements of section 5001 of Public
Law 111-5. The commissioner of
human services shall notify the revisor of statutes of that date.
Sec. 10. Laws 2009, chapter 79, article 5, section 18,
the effective date, is amended to read:
EFFECTIVE DATE.
This section is effective January 1, 2011 upon
federal approval and on the date when it is no longer subject to the
maintenance of effort requirements of section 5001 of Public Law 111-5. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 11. Laws 2009, chapter 79, article 5, section 22,
the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective for periods of ineligibility established on or after January 1,
2011, unless it is in violation of section 5001 of Public Law
111-5. If it is in violation of that
section, then it shall be effective on the date when it is no longer subject to
maintenance of effort requirements of section 5001 of Public Law 111-5. The commissioner of human services shall
notify the revisor of statutes of that date.
Sec. 12. Laws 2009, chapter 79, article 8, section 4,
the effective date, is amended to read:
EFFECTIVE DATE. The section
is effective January July 1, 2011.
Sec. 13. Laws 2009, chapter 173, article 1, section
17, the effective date, is amended to read:
EFFECTIVE DATE. This section
is effective for pooled trust accounts established on or after January 1, 2011,
unless it is in violation of section 5001 of Public Law 111-5. If it is in violation of that section, then it
shall be effective on the date when it is no longer subject to maintenance of
effort requirements of section 5001 of Public Law 111-5. The commissioner of human services shall
notify the revisor of statutes of that date.
ARTICLE 10
HEALTH AND
HUMAN SERVICES APPROPRIATIONS
Section 1.
SUMMARY OF APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations by fund made in this article.
2010 2011 Total
General $(6,784,000) $215,726,000 $208,942,000
State
Government Special Revenue 113,000 624,000 737,000
Health Care
Access 998,000 11,579,000 12,577,000
Federal TANF 8,000,000 20,000,000 28,000,000
Special
Revenue -0- 93,000 93,000
Total $2,327,000 $248,021,000 $250,348,000
Sec. 2. HEALTH
AND HUMAN SERVICES APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, subtracted
from the appropriations in Laws 2009, chapter 79, article 13, as amended by
Laws 2009, chapter 173, article 2, to the agencies and for the purposes
specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2010" and
"2011" used in this article mean that the addition to or subtraction
from appropriations listed under them is available for the fiscal year ending
June 30, 2010, or June 30, 2011, respectively.
"The first year" is fiscal year 2010. "The second year" is fiscal year
2011. "The biennium" is fiscal
years 2010 and 2011. Supplemental
appropriations and reductions for the fiscal year ending June 30, 2010, are
effective the day following final enactment unless a different effective date
is explicit.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 3. COMMISSIONER
OF HUMAN SERVICES
Subdivision 1. Total
Appropriation $4,409,000 $246,347,000
Appropriations
by Fund
2010 2011
General (4,589,000) 215,006,000
Health Care
Access 998,000 11,342,000
Federal
TANF 8,000,000 20,000,000
The
appropriation modifications for each purpose are shown in the following
subdivisions.
TANF Financing and Maintenance of Effort. The
commissioner, with the approval of the commissioner of management and budget,
and after notification of the chairs of the relevant senate budget division and
house of representatives finance division, may adjust the amount of TANF
transfers between the MFIP transition year child care assistance program and
MFIP grant programs within the fiscal year and within the current biennium and
the biennium ending June 30, 2013, to ensure that state and federal match and
maintenance of effort requirements are met.
These transfers and amounts shall be reported to the chairs of the
senate and house of representatives Finance Committees, the senate Health and
Human Services Budget Division, and the house of representatives Health Care
and Human Services Finance Division and Early Childhood Finance and Policy
Division by December 1 of each fiscal year.
Notwithstanding any contrary provision in this article, this paragraph
expires June 30, 2013.
SNAP Enhanced Administrative Funding. The funds
available for administration of the Supplemental Nutrition Assistance Program
under the Department of Defense Appropriations Act of 2010, Public Law 111-118,
are appropriated to the commissioner to pay the actual costs of providing for
increased eligibility determinations, caseload-related costs, timely
application processing, and quality control.
Of these funds, 20 percent shall be allocated to the commissioner and 80
percent shall be allocated to counties. The
commissioner shall allocate the county portion based on recent caseload. Reimbursement shall be based on actual costs
reported by counties through existing processes. Tribal reimbursement must be made from the
state portion, based on a caseload factor equivalent to that of a county.
TANF Summer Food Programs - TANF Emergency Fund Non-Recurrent Short-Term
Benefits. In addition to the TANF emergency
fund (TEF) non-recurrent short-term benefits provided in this subdivision, the
commissioner may supplement funds available under Minnesota Statutes, section
256E.34 to provide for summer food programs to the extent such funds are
available and
eligible to
leverage TANF emergency funds non-recurrent benefits. The commissioner may contract directly with
providers or third-party funders to maximize these TANF emergency fund grants. Up to $800,000 of TEF non-recurrent
short-term benefit earnings may be used in this program. This paragraph is effective the day following
final enactment.
TANF Transfer to Federal Child Care and Development Fund. Of the TANF
appropriation in fiscal year 2011, $12,500,000 is to the commissioner for the
purposes of MFIP and transition year child care under Minnesota Statutes,
section 119B.05. The commissioner shall
authorize the transfer of sufficient TANF funds to the federal child care and
development fund to meet this appropriation and shall ensure that all
transferred funds are expended according to federal child care and development
fund regulations.
Special Revenue Fund Transfers. (a) The
commissioner shall transfer the following amounts from special revenue fund
balances to the general fund by June 30 of each respective fiscal year: $613,000 in fiscal year 2010, and $493,000 in
fiscal year 2011. This provision is
effective the day following final enactment.
(b) The
actual transfers made under paragraph (a) must be separately identified and
reported as part of the quarterly reporting of transfers to the chairs of the
relevant senate budget division and house of representatives finance division.
Subd. 2. Agency
Management
(a) Financial Operations -0- 103,000
Base Adjustment. The general fund base is decreased
by $3,292,000 in fiscal year 2012 and $3,292,000 in fiscal year 2013.
(b) Legal and Regulatory Operations -0- 114,000
Base Adjustment. The general fund base is decreased
by $18,000 in fiscal year 2012 and $18,000 in fiscal year 2013.
(c) Management Operations -0- (114,000)
Base Adjustment. The general fund base is increased
by $18,000 in fiscal year 2012 and $18,000 in fiscal year 2013.
Subd. 3. Revenue
and Pass-Through Revenue Expenditures 8,000,000 20,000,000
These
appropriations are from the federal TANF fund.
TANF Funding for the Working Family Tax Credit. In addition
to the amounts specified in Minnesota Statutes, section 290.0671, subdivision
6, $15,500,000 of TANF funds in fiscal year 2010 are appropriated to the
commissioner to reimburse the general fund for the cost of the working family
tax credit for eligible families. With
respect to the amounts appropriated for fiscal year 2010, the commissioner
shall reimburse the general fund by June 30, 2010. This paragraph is effective the day following
final enactment.
Child Care Development Fund Unexpended Balance. In addition
to the amount provided in this section, the commissioner shall carry over and
expend in fiscal year 2011 $7,500,000 of the TANF funds transferred in fiscal
year 2010 that reflect the child care and development fund unexpended balance
for the basic sliding fee child care assistance program under Minnesota
Statutes, section 119B.03. The
commissioner shall ensure that all funds are expended according to the federal
child care and development fund regulations relating to the TANF transfers.
Base Adjustment. The general fund base is increased
by $7,500,000 in fiscal year 2012 and $7,500,000 in fiscal year 2013.
Subd. 4. Economic
Support Grants
(a) Support Services Grants -0- -0-
Base Adjustment. The federal TANF fund base is
decreased by $5,004,000 in fiscal year 2012 and $5,004,000 in fiscal year 2013.
(b) MFIP/DWP Grants -0- (1,520,000)
(c) Basic Sliding Fee Child Care Assistance
Grants -0- (7,500,000)
(d) Children's Services Grants (900,000) -0-
Adoption Assistance. Of the appropriation reduction in
fiscal year 2010, $900,000 is from the adoption assistance program. This reduction is onetime.
(e) Child and Community Services Grants -0- (16,750,000)
Base adjustment. The general fund is increased by
$13,509,000 in fiscal year 2012 and $13,509,000 in fiscal year 2013.
(f) Group Residential Housing Grants -0- 84,000
Reduction of Supplemental Service Rate. Effective July 1, 2011, to June 30, 2013, the commissioner
shall decrease the group residential housing supplementary service rate under
Minnesota Statutes, section 256I.05, subdivision 1a, by five percent for
services
rendered on or after that date, except that reimbursement rates for a group residential
housing facility reimbursed as a nursing facility shall not be reduced. The reduction in this paragraph is in
addition to the reduction under Laws 2009, chapter 79, article 8, section 79,
paragraph (b), clause (11).
Base Adjustment. The general fund base is decreased
by $784,000 in fiscal year 2012 and $784,000 in fiscal year 2013.
(g) Children's Mental Health Grants (200,000) (200,000)
(h) Other Children's and Economic Assistance
Grants 400,000 213,000
Minnesota Food Assistance Program. Of the 2011
appropriation, $150,000 is for the Minnesota Food Assistance Program. This appropriation is onetime.
Of this
appropriation, $400,000 in fiscal year 2010 and $63,000 in fiscal year 2011 is
for food shelf programs under Minnesota Statutes, section 256E.34. This appropriation is available until spent.
Base Adjustment. The general fund base is decreased
by $20,000 in fiscal year 2012 and decreased by $510,000 in fiscal year 2013.
Subd. 5. Children
and Economic Assistance Management
(a) Children and Economic Assistance
Administration -0- -0-
Base Adjustment. The federal TANF fund base is
decreased by $700,000 in fiscal year 2012 and $700,000 in fiscal year 2013.
(b) Children and Economic Assistance
Operations -0- 195,000
Base Adjustment. The general fund base is decreased
by $12,000 in fiscal year 2012 and $12,000 in fiscal year 2013.
Subd. 6. Health
Care Grants
(a) MinnesotaCare Grants 998,000 18,124,000
This
appropriation is from the health care access fund.
Health Care Access Fund Transfer to General Fund. The
commissioner of management and budget shall transfer $998,000 in fiscal year
2010 and $199,337,000 in fiscal year 2011 from the health care access fund to
the general fund. This paragraph is
effective the day following final enactment.
The amount
of this transfer is $178,682,000 in fiscal year 2012 and $297,135,000 in fiscal
year 2013.
MinnesotaCare Ratable Reduction. Effective
for services rendered on or after July 1, 2010, to December 31, 2013,
MinnesotaCare payments to managed care plans under Minnesota Statutes, section
256L.12, for single adults and households without children whose income is
greater than 75 percent of federal poverty guidelines shall be reduced by ten
percent. Effective for services provided
from July 1, 2010, to June 30, 2011, this reduction shall apply to all services. Effective for services provided from July 1,
2011, to December 31, 2013, this reduction shall apply to all services except
inpatient hospital services. Notwithstanding
any contrary provision of this article, this paragraph shall expire on December
31, 2013.
(b) Medical Assistance Basic Health Care
Grants - Families and Children -0- 318,106,000
Critical Access Dental. Of the general fund appropriation,
$731,000 in fiscal year 2011 is to the commissioner for critical access dental
provider reimbursement payments under Minnesota Statutes, section 256B.76
subdivision 4. This is a onetime
appropriation.
Nonadministrative Rate Reduction. For services
rendered on or after July 1, 2010, to December 31, 2013, the commissioner shall
reduce contract rates paid to managed care plans under Minnesota Statutes,
sections 256B.69 and 256L.12, and to county-based purchasing plans under
Minnesota Statutes, section 256B.692, by three percent of the contract rate
attributable to nonadministrative services in effect on June 30, 2010. Notwithstanding any contrary provision in
this article, this rider expires on December 31, 2013.
(c) Medical Assistance Basic Health Care
Grants - Elderly and Disabled -0- (3,659,000)
MnDHO Transition. Of the general fund appropriation
for fiscal year 2011, $250,000 is to the commissioner to be made available to
county agencies to assist in the transition of the approximately 1,290 current
MnDHO members to the fee-for-service Medicaid program or another managed care
option by January 1, 2011.
County
agencies shall work with the commissioner, health plans, and MnDHO members and
their legal representatives to develop and implement transition plans that
include:
(1)
identification of service needs of MnDHO members based on the current
assessment or through the completion of a new assessment;
(2)
identification of services currently provided to MnDHO members and which of
those services will continue to be reimbursable through fee-for-service or
another managed care option under the Medicaid state plan or a home and
community-based waiver program;
(3)
identification of service providers who do not have a contract with the county
or who are currently reimbursed at a different rate than the county contracted
rate; and
(4)
development of an individual service plan that is within allowable waiver
funding limits.
(d) General Assistance Medical Care Grants -0- (75,389,000)
(e) Other Health Care Grants -0- 700,000,000
Cobra Carryforward. Unexpended funds appropriated in
fiscal year 2010 for COBRA grants under Laws 2009, chapter 79, article 5,
section 78, do not cancel and are available to the commissioner for fiscal year
2011 COBRA grant expenditures. Up to
$111,000 of the fiscal year 2011 appropriation for COBRA grants provided in
Laws 2009, chapter 79, article 13, section 3, subdivision 6, may be used by the
commissioner for costs related to administration of the COBRA grants.
Subd. 7. Health
Care Management
(a) Health Care Administration -0- 442,000
Fiscal Note Report. Of this appropriation, $50,000 in
fiscal year 2011 is for a transfer to the commissioner of Minnesota Management
and Budget for the completion of the human services fiscal note report in
article 5.
PACE Implementation Funding. For fiscal
year 2011, $145,000 is appropriated from the general fund to the commissioner
of human services to complete the actuarial and administrative work necessary
to begin the operation of PACE under Minnesota Statutes, section 256B.69,
subdivision 23, paragraph (e). Base
level funding for this activity shall be $130,000 in fiscal year 2012 and $0 in
fiscal year 2013.
Minnesota Senior Health Options Reimbursement. Effective
July 1, 2011, federal administrative reimbursement resulting from the Minnesota
senior health options project is appropriated to the commissioner for this
activity. Notwithstanding any contrary
provision, this provision expires June 30, 2013.
Utilization Review. Effective July 1, 2011, federal
administrative reimbursement resulting from prior authorization and inpatient
admission certification by a professional review organization shall be
dedicated to, and is appropriated to, the commissioner for these activities. A portion of these funds must be used for
activities to decrease unnecessary pharmaceutical costs in medical assistance. Notwithstanding any contrary provision of
this article, this paragraph expires June 30, 2013.
Certified Public Expenditures. (1) The
entities named in Minnesota Statutes, section 256B.199, paragraph (b), clause
(1), shall comply with the requirements of that statute by promptly reporting
on a quarterly basis certified public expenditures that may qualify for federal
matching funds. Reporting under this
paragraph shall be voluntary from July 1, 2010, to December 31, 2010. Upon federal enactment of an extension to
June 30, 2011, of the enhanced federal medical assistance percentage
(FMAP) originally provided under Public Law 111-5, reporting under this paragraph shall also be voluntary from January 1,
2011, to June 30, 2011.
(2) To the
extent that certified public expenditures reported in compliance with paragraph
(1) earn federal matching payments that exceed $8,079,000 in fiscal year 2012
and $18,316,000 in fiscal year 2013, the excess amount shall be deposited in
the health care access fund. For each
fiscal year after fiscal year 2013, the commissioner shall forecast in November
the amount of federal payments anticipated to match certified public
expenditures reported in compliance with paragraph (a). Any federal match earned in a fiscal year in
excess of the amount forecasted in November shall be deposited to the health
care access fund.
(3)
Notwithstanding any contrary provision of this article, this rider shall not
expire.
Poverty Guidelines. Notwithstanding Minnesota Statutes,
sections 256B.56, subdivision 1c; 256D.03, subdivision 3; or 256L.04,
subdivision 7b, the poverty guidelines for medical assistance, general
assistance medical care, and MinnesotaCare from July 1, 2010, through June 30,
2011, shall not be lower than the poverty guidelines issued by the Secretary of
Health and Human Services on January 23, 2009.
This section shall have no effect on the revision of poverty
guidelines for the Minnesota health care programs that would be in effect
starting on July 1, 2011. This
paragraph is effective the day following final enactment.
Base Adjustment. The general fund base is decreased
by $227,000 in fiscal year 2012 and $357,000 in fiscal year 2013.
(b) Health Care Operations
Appropriations
by Fund
General -0- 186,000
Health Care
Access -0- 218,000
The general
fund appropriation is a onetime appropriation in fiscal year 2011.
Base Adjustment. The health care access fund base
for health care operations is decreased by $812,000 in fiscal year 2012 and
$944,000 in fiscal year 2013.
Subd. 8. Continuing
Care Grants
(a) Aging and Adult Services Grants -0- (1,091,000)
Base Adjustment. The general fund base for aging and
adult services grants is increased by $1,139,000 in fiscal year 2012 and
$1,280,000 in fiscal year 2013.
Community Service Development Reduction. The
appropriation in Laws 2009, chapter 79, article 13, section 3, subdivision 8,
paragraph (a), for community service development grants, as amended by Laws
2009, chapter 173, article 2, section 1, subdivision 8, paragraph (a), is
reduced by $154,000 in fiscal year 2011.
The appropriation base is reduced by $139,000 for fiscal year 2012 and
$0 for fiscal year 2013. Notwithstanding
any law or rule to the contrary, this provision expires June 30, 2012.
(b) Medical Assistance Long-Term Care
Facilities Grants -0- 4,143,000
ICF/MR Occupancy Rate Adjustment Suspension. Effective
for fiscal years 2012 and 2013, approval of new applications for occupancy rate
adjustments for unoccupied short-term beds under Minnesota Statutes, section
256B.5013, subdivision 7, is suspended.
Kandiyohi County; ICF/MR Payment Rate. $36,000 is
appropriated from the general fund in fiscal year 2011 and $4,000 in fiscal
year 2012 to increase payment rates for an ICF/MR licensed for six beds and
located in Kandiyohi County to serve persons with high behavioral needs. The payment rate increase shall be effective
for services provided from July 1, 2010, through June 30, 2011. These appropriations are onetime.
(c) Medical Assistance Long-Term Care
Waivers and Home Care Grants -0- (4,631,000)
Manage Growth in Traumatic Brain Injury and
Community
Alternatives for Disabled Individuals Waivers. During the
fiscal year beginning July 1, 2010, the commissioner shall allocate money for
home and community-based waiver programs under Minnesota Statutes, section
256B.49, to ensure a reduction in state spending that is equivalent to limiting
the caseload growth of the traumatic brain injury waiver to six allocations per
month and the community alternatives for disabled individuals waiver to 60
allocations per month. The limits do not
apply: (1) when there is an approved
plan for nursing facility bed closures for individuals under age 65 who require
relocation due to the bed closure; (2) to
fiscal year
2009 waiver allocations delayed due to unallotment; or (3) to transfers
authorized by the commissioner from the personal care assistance program of
individuals having a home care rating of CS, MT, or HL. Priorities for the allocation of funds must
be for individuals anticipated to be discharged from institutional settings or
who are at imminent risk of a placement in an institutional setting.
Manage Growth in the Developmental Disability (DD) Waiver. The commissioner shall manage the
growth in the developmental disability waiver by limiting the allocations
included in the November 2010 forecast to six additional diversion allocations
each month for the calendar year that begins on January 1, 2011. Additional allocations must be made available
for transfers authorized by the commissioner from the personal care assistance
program of individuals having a home care rating of CS, MT, or HL. This provision is effective through December
31, 2011.
(d) Adult Mental Health Grants (3,500,000) (300,000)
Compulsive Gambling Special Revenue Account. $149,000 for
fiscal year 2010 and $27,000 for fiscal year 2011 from the compulsive gambling
special revenue account established under Minnesota Statutes, section 245.982,
shall be transferred and deposited into the general fund by June 30 of each
respective fiscal year. This paragraph
is effective the day following final enactment.
Compulsive Gambling Lottery Prize Fund. The lottery
prize fund appropriation for compulsive gambling is reduced by $80,000 in
fiscal year 2010 and $79,000 in fiscal year 2011. This is a onetime reduction.
Culturally Specific Treatment. The
appropriation for culturally specific treatment is reduced by $300,000 in
fiscal year 2011. This is a onetime
reduction.
(1) Of the
fiscal year 2010 general fund appropriation for grants to counties for housing
with support services for adults with serious and persistent mental illness,
$3,300,000 is canceled and returned to the general fund.
(2) Of the
fiscal year 2010 general fund appropriation for additional crisis intervention
team training for law enforcement, $200,000 is canceled and returned to the
general fund.
(e) Chemical Dependency Entitlement Grants -0- (2,433,000)
(f) Chemical Dependency Nonentitlement
Grants (389,000) -0-
Base adjustment. The general fund base is reduced by
$393,000 in fiscal year 2012 and fiscal year 2013.
Chemical Health. Of the fiscal year 2010 general
fund appropriation to Mother's First and the Native American Program, $389,000
is canceled and returned to the general fund.
(g) Other Continuing Care Grants -0- 350,000
This is a
onetime appropriation in fiscal year 2011.
Region 10 Quality Assurance Commission. $100,000 is
appropriated from the general fund in fiscal year 2011 to the commissioner of
human services for the purposes of the Region 10 Quality Assurance Commission
under Minnesota Statutes, section 256B.0951.
This appropriation is onetime.
Subd. 9. Continuing
Care Management -0- 414,000
PACE Implementation Funding. For fiscal
year 2011, $111,000 is appropriated from the general fund to the commissioner
of human services to complete the actuarial and administrative work necessary
to begin the operation of PACE under Minnesota Statutes, section 256B.69,
subdivision 23, paragraph (e). Base
level funding for this activity shall be $101,000 in fiscal year 2012 and $0 in
fiscal year 2013. For fiscal year 2013
and beyond, the commissioner must work with stakeholders to develop financing
mechanisms to complete the actuarial and administrative costs of PACE. The commissioner shall inform the chairs and
ranking minority members of the legislative committee with jurisdiction over health
care funding by January 15, 2011, on progress to develop financing mechanisms.
Base Adjustment. The general fund base for
continuing care management is increased by $97,000 in fiscal year 2012 and
decreased by $12,000 in fiscal year 2013.
Subd. 10. State-Operated
Services
Obsolete Laundry Depreciation Account. $669,000,
or the balance, whichever is greater, must be transferred from the
state-operated services laundry depreciation account in the special revenue
fund and deposited into the general fund by June 30, 2010. This paragraph is effective the day following
final enactment.
Operating Budget Reductions. No
operating budget reductions enacted in Laws 2010, chapter 200, or in this act
shall be allocated to state-operated services.
Prohibition on Transferring Funds. The
commissioner shall not transfer mental health grants to state-operated services
without specific legislative approval. Notwithstanding
any contrary provision in this article, this paragraph shall not expire.
(a) Adult Mental Health Services -0- 6,888,000
Base Adjustment. The general fund base is decreased
by $12,286,000 in fiscal year 2012 and
$12,394,000 in fiscal year 2013.
Appropriation Requirements. (a) The
general fund appropriation to the commissioner includes funding for the
following:
(1) to a
community collaborative to begin providing crisis center services in the
Mankato area that are comparable to the crisis services provided prior to the
closure of the Mankato Crisis Center. The
commissioner shall recruit former employees of the Mankato Crisis Center who
were recently laid off to staff the new crisis services. The commissioner shall obtain legislative
approval prior to discontinuing this funding;
(2) to
maintain the building in Eveleth that currently houses community transition
services and to establish a psychiatric intensive therapeutic foster home as an
enterprise activity. The commissioner
shall request a waiver amendment to allow CADI funding for psychiatric
intensive therapeutic foster care services provided in the same location and
building as the community transition services.
If the federal government does not approve the waiver amendment, the
commissioner shall continue to pay the lease for the building out of the
state-operated services budget until the commissioner of administration
subleases the space or until the lease expires, and shall establish the
psychiatric intensive therapeutic foster home at a different site. The commissioner shall make diligent efforts
to sublease the space;
(3) to
convert the community behavioral health hospitals in Wadena and Willmar to
facilities that provide more suitable services based on the needs of the
community, which may include, but are not limited to, psychiatric extensive
recovery treatment services. The
commissioner may also establish other community-based services in the Willmar
and Wadena areas that deliver the appropriate level of care in response to the
express needs of the communities. The
services established under this provision must be staffed by state employees.
(4) to
continue the operation of the dental clinics in Brainerd, Cambridge, Faribault,
Fergus Falls, and Willmar at the same level of care and staffing that was in
effect on March 1, 2010. The
commissioner shall not proceed with the planned closure of the dental clinics,
and shall not discontinue services or downsize any of the state-operated dental
clinics without specific legislative approval.
The commissioner shall continue to bill for services provided to obtain
medical assistance critical access dental payments and cost-based payment rates
as provided in Minnesota Statutes, section 256B.76, subdivision 2, and shall
bill for services provided three months retroactively from the date of this act. This appropriation is onetime;
(5) to
convert the Minnesota Neurorehabilitation Hospital in Brainerd to a
neurocognitive psychiatric extensive recovery treatment service; and
(6) to
convert the Minnesota extended treatment options (METO) program to the
following community-based services provided by state employees: (i) psychiatric extensive recovery treatment
services; (ii) intensive transitional foster homes as enterprise activities;
and (iii) other community-based support services. The provisions under Minnesota Statutes,
section 252.025, subdivision 7, are applicable to the METO services established
under this clause. Notwithstanding
Minnesota Statutes, section 246.18, subdivision 8, any revenue lost to the
general fund by the conversion of METO to new services must be replaced by
revenue from the new services to offset the lost revenue to the general fund
until June 30, 2013. Any revenue
generated in excess of this amount shall be deposited into the special revenue
fund under Minnesota Statutes, section 246.18, subdivision 8.
(b) The
commissioner shall not move beds from the Anoka-Metro Regional Treatment Center
to the psychiatric nursing facility at St. Peter without specific
legislative approval.
(c) The
commissioner shall implement changes, including the following, to save a
minimum of $6,006,000 beginning in fiscal year 2011, and report to the
legislature the specific initiatives implemented and the savings allocated to
each one, including:
(1)
maximizing budget savings through strategic employee staffing; and
(2) identifying
and implementing cost reductions in cooperation with state-operated services
employees.
Base level
funding is reduced by $6,006,000 effective fiscal year 2011.
(d) The
commissioner shall seek certification or approval from the federal government for
the new services under paragraph (a) that are eligible for federal financial
participation and deposit the revenue associated with these new services in the
account established under Minnesota Statutes, section 246.18, subdivision 8,
unless otherwise specified.
(e)
Notwithstanding any contrary provision in this article, this rider shall not
expire.
(b) Minnesota Sex Offender Services -0- (145,000)
Sex Offender Services. Base level funding for Minnesota sex
offender services is reduced by $418,000 in fiscal year 2012 and $419,000 in
fiscal year 2013 for the 50-bed sex offender treatment program within the Moose
Lake correctional facility in which
Department
of Human Services staff from Minnesota sex offender services provide clinical
treatment to incarcerated offenders. This
reduction shall become part of the base for the Department of Human Services.
Interagency Agreements. The
commissioner of human services may enter into interagency agreements with the
commissioner of corrections to continue sex offender treatment and chemical
dependency treatment on a cost-sharing basis, in which each department pays 50
percent of the costs of these services.
Sec. 4. COMMISSIONER
OF HEALTH
Subdivision 1. Total
Appropriation $(2,392,000) $(1,310,000)
Appropriations
by Fund
2010 2011
General (2,392,000) (1,064,000)
State
Government
Special Revenue -0- 9,000
Health Care
Access -0- 237,000
Subd. 2. Community
and Family Health (221,000) (47,000)
Base Level Adjustment. The general fund base is decreased
by $388,000 in fiscal years 2012 and 2013.
Subd. 3. Policy,
Quality, and Compliance
Appropriations
by Fund
2010 2011
General (1,797,000) 497,000
State
Government
Special Revenue -0- 9,000
Health Care
Access -0- 237,000
Health Care Reform. Funds appropriated in Laws 2008,
chapter 358, article 5, section 4, subdivision 3, for health reform activities
to implement Laws 2008, chapter 358, article 4, are available until expended. Notwithstanding any contrary provision in this
article, this provision shall not expire.
Health Care Reform Task Force. $198,000
from the general fund is for expenses related to the Health Care Reform Task
Force established under article 7.
Rural Hospital Capital Improvement Grants. Of the
general fund reductions in fiscal year 2010, $1,755,000 is for the rural
hospital capital improvement grant program.
Section 125 Plans. The remaining balance from the Laws
2008, chapter 358, article 5, section 4, subdivision 3, appropriation for
Section 125 Plan Employer Incentives is canceled.
Birth Centers. Of the appropriation in fiscal year
2011 from the state government special revenue fund, $9,000 is to the
commissioner to license birth centers. Base
level funding for this activity shall be $7,000 in fiscal year 2012 and $7,000
in fiscal year 2013.
Comprehensive Advanced Life Support Program. Of the
general fund appropriation, $377,000 in fiscal year 2011 is to the commissioner
for the comprehensive advanced life support educational program. For fiscal year 2012, base level funding for
this program shall be $377,000.
Advisory Group on Administrative Expenses. Of the
health care access fund appropriation for fiscal year 2011, $39,000 is to the
commissioner for the advisory group established under Minnesota Statutes, section 62D.31.
This is a onetime appropriation.
Base Level Adjustment. The general fund base is decreased
by $253,000 in fiscal year 2012 and $253,000 in fiscal year 2013. The state government special revenue fund
base is decreased by $2,000 in fiscal year 2012 and $2,000 in fiscal year 2013.
Office of Unlicensed Health Care Practice. Of the
general fund appropriation, $74,000 in fiscal year 2011 is for the Office of
Unlicensed Complementary and Alternative Health Care Practice. This is a onetime appropriation.
Subd. 4. Health
Protection (374,000) 714,000
Lead Base Grant Program. Of the
general fund reduction, $25,000 in fiscal year 2010 and fiscal year 2011 is for
the elimination of state funding for the temporary lead-safe housing base grant
program.
Birth Defects Information System. Of the
general fund appropriation for fiscal year 2011, $919,000 is for the Minnesota
Birth Defects Information System established under Minnesota Statutes, section
144.2215.
Base Adjustment. The general fund base is increased
by $440,000 in fiscal year 2012 and $984,000 in fiscal year 2013.
Subd. 5. Administrative
Support Services -0- (100,000)
The general
fund base is decreased by $22,000 in fiscal year 2012 and $22,000 in fiscal year
2013.
Sec. 5. DEPARTMENT
OF VETERANS AFFAIRS $(50,000) $-0-
Cancellation of Prior Appropriation. By June 30,
2010, the commissioner of management and budget shall cancel the $50,000
appropriation for fiscal year 2008 to the board in Laws 2007, chapter 147,
article 19, section 5, in the paragraph titled "Pay for Performance."
Sec. 6. HEALTH-RELATED
BOARDS
Subdivision 1. Total
Appropriation $113,000 $615,000
The
appropriations in this section are from the state government special revenue
fund.
In fiscal
year 2010, $591,000 shall be transferred from the state government special
revenue fund to the general fund. In
fiscal year 2011, $3,052,000 shall be transferred from the state government
special revenue fund to the general fund.
These transfers are in addition to those made in Laws 2009, chapter 79,
article 13, section 5, as amended by Laws 2009, chapter 173, article 2, section
3.
The
transfers in this section are onetime in the fiscal year 2010‑2011
biennium.
The
appropriations for each purpose are shown in the following subdivisions.
Subd. 2. Board
of Marriage and Family Therapy 47,000 22,000
Operating Costs and Rulemaking. Of this
appropriation, $22,000 in fiscal year 2010 and $22,000 in fiscal year 2011 are
for operating costs. This is an ongoing
appropriation. Of this appropriation,
$25,000 in fiscal year 2010 is for rulemaking.
This is a onetime appropriation.
Subd. 3. Board
of Nursing Home Administrators 51,000 61,000
Subd. 4. Board
of Pharmacy -0- 517,000
Prescription Electronic Reporting. Of the state
government special revenue fund appropriation, $517,000 in fiscal year 2011 is
to the board to operate the prescription electronic reporting system in
Minnesota Statutes, section 152.126. Base
level funding for this activity in fiscal year 2012 shall be $356,000.
Subd. 5. Board
of Podiatry 15,000 15,000
Purpose. This appropriation is to pay health
insurance coverage costs and to cover the cost of expert witnesses in
disciplinary cases.
Sec. 7. EMERGENCY
MEDICAL SERVICES BOARD $247,000 $(382,000)
Sec. 8. UNIVERSITY
OF MINNESOTA $-0- $93,000
This
appropriation is from the special revenue fund for the couples on the brink
program.
Sec. 9. DEPARTMENT
OF CORRECTIONS $-0- $-0-
Sex Offender Services. From the general fund
appropriations to the commissioner of corrections, the commissioner shall
transfer $418,000 in fiscal year 2012 and $419,000 in fiscal year 2013 to the
commissioner of human services to provide clinical treatment to incarcerated
offenders. This transfer shall become
part of the base for the Department of Corrections.
Sec. 10. DEPARTMENT
OF COMMERCE $-0- $38,000
Health Plan Filings. Of this appropriation:
(1) $19,000
is for the review and approval of new health plan filings due to Minnesota
Statutes, section 62Q.545. This is a
onetime appropriation in fiscal year 2011; and
(2) $19,000
is for regulation of Minnesota Statutes, section 62A.3075.
Sec. 11. Minnesota Statutes 2008, section 214.40,
subdivision 7, is amended to read:
Subd. 7. Medical
professional liability insurance. (a)
Within the limit of funds appropriated for this program, the
administrative services unit must purchase medical professional liability
insurance, if available, for a health care provider who is registered in
accordance with subdivision 4 and who is not otherwise covered by a medical
professional liability insurance policy or self-insured plan either personally
or through another facility or employer.
The administrative services unit is authorized to prorate payments or
otherwise limit the number of participants in the program if the costs of the
insurance for eligible providers exceed the funds appropriated for the program.
(b)
Coverage purchased under this subdivision must be limited to the provision of
health care services performed by the provider for which the provider does not
receive direct monetary compensation.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 12. Laws 2009, chapter 79, article 13, section 3,
subdivision 1, as amended by Laws 2009, chapter 173, article 2, section 1,
subdivision 1, is amended to read:
Subdivision 1. Total
Appropriation $5,225,451,000 $6,002,864,000
Appropriations
by Fund
2010 2011
General 4,375,689,000 5,209,765,000
State
Government
Special Revenue 565,000 565,000
Health Care
Access 450,662,000 527,411,000
Federal TANF 286,770,000 263,458,000
Lottery
Prize 1,665,000 1,665,000
Federal Fund 110,000,000 0
Receipts for Systems Projects. Appropriations
and federal receipts for information systems projects for MAXIS, PRISM, MMIS,
and SSIS must be deposited in the state system account authorized in Minnesota
Statutes, section 256.014. Money
appropriated for computer projects approved by the Minnesota Office of
Enterprise Technology, funded by the legislature, and approved by the
commissioner of finance, may be transferred from one project to another and
from development to operations as the commissioner of human services considers
necessary, except that any transfers to one project that exceed $1,000,000 or
multiple transfers to one project that exceed $1,000,000 in total require the
express approval of the legislature. The
preceding requirement for legislative approval does not apply to transfers made
to establish a project's initial operating budget each year; instead, the
requirements of section 11, subdivision 2, of this article apply to those
transfers. Any unexpended balance in the
appropriation for these projects does not cancel but is available for ongoing
development and operations. Any computer
project with a total cost exceeding $1,000,000, including, but not limited to,
a replacement for the proposed HealthMatch system, shall not be commenced
without the express approval of the legislature.
HealthMatch Systems Project. In fiscal
year 2010, $3,054,000 shall be transferred from the HealthMatch account in the
state systems account in the special revenue fund to the general fund.
Nonfederal Share Transfers. The nonfederal
share of activities for which federal administrative reimbursement is
appropriated to the commissioner may be transferred to the special revenue
fund.
TANF Maintenance of Effort.
(a) In order
to meet the basic maintenance of effort (MOE) requirements of the TANF block
grant specified under Code of Federal Regulations, title 45, section 263.1, the
commissioner may only report nonfederal money expended for allowable activities
listed in the following clauses as TANF/MOE expenditures:
(1) MFIP
cash, diversionary work program, and food assistance benefits under Minnesota
Statutes, chapter 256J;
(2) the
child care assistance programs under Minnesota Statutes, sections 119B.03 and
119B.05, and county child care administrative costs under Minnesota Statutes, section
119B.15;
(3) state
and county MFIP administrative costs under Minnesota Statutes, chapters 256J
and 256K;
(4) state,
county, and tribal MFIP employment services under Minnesota Statutes, chapters
256J and 256K;
(5)
expenditures made on behalf of noncitizen MFIP recipients who qualify for the
medical assistance without federal financial participation program under
Minnesota Statutes, section 256B.06, subdivision 4, paragraphs (d), (e), and
(j); and
(6)
qualifying working family credit expenditures under Minnesota Statutes, section
290.0671.; and
(7)
qualifying Minnesota education credit expenditures under Minnesota Statutes,
section 290.0674.
(b) The
commissioner shall ensure that sufficient qualified nonfederal expenditures are
made each year to meet the state's TANF/MOE requirements. For the activities listed in paragraph (a),
clauses (2) to (6), the commissioner may only report expenditures that are
excluded from the definition of assistance under Code of Federal Regulations,
title 45, section 260.31.
(c) For
fiscal years beginning with state fiscal year 2003, the commissioner shall
ensure that the maintenance of effort used by the commissioner of finance for
the February and November forecasts required under Minnesota Statutes, section
16A.103, contains expenditures under paragraph (a), clause (1), equal to at
least 16 percent of the total required under Code of Federal Regulations, title
45, section 263.1.
(d) For the
federal fiscal years beginning on or after October 1, 2007, the commissioner
may not claim an amount of TANF/MOE in excess of the 75 percent standard in
Code of Federal Regulations, title 45, section 263.1(a)(2), except:
(1) to the
extent necessary to meet the 80 percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1), if it is determined by the
commissioner that the state will not meet the TANF work participation target
rate for the current year;
(2) to
provide any additional amounts under Code of Federal Regulations, title 45,
section 264.5, that relate to replacement of TANF funds due to the operation of
TANF penalties; and
(3) to
provide any additional amounts that may contribute to avoiding or reducing TANF
work participation penalties through the operation of the excess MOE provisions
of Code of Federal Regulations, title 45, section 261.43 (a)(2).
For the
purposes of clauses (1) to (3), the commissioner may supplement the MOE claim
with working family credit expenditures to the extent such expenditures or
other qualified expenditures are otherwise available after considering the
expenditures allowed in this section.
(e)
Minnesota Statutes, section 256.011, subdivision 3, which requires that federal
grants or aids secured or obtained under that subdivision be used to reduce any
direct appropriations provided by law, do not apply if the grants or aids are
federal TANF funds.
(f)
Notwithstanding any contrary provision in this article, this provision expires
June 30, 2013.
Working Family Credit Expenditures as TANF/MOE. The commissioner may claim as
TANF/MOE up to $6,707,000 per year of working family credit expenditures for
fiscal year 2010 through fiscal year 2011.
Working Family Credit Expenditures to be Claimed for TANF/MOE. The commissioner may count the
following amounts of working family credit expenditure as TANF/MOE:
(1) fiscal
year 2010, $50,973,000 $50,897,000;
(2) fiscal
year 2011, $53,793,000 $54,243,000;
(3) fiscal
year 2012, $23,516,000 $23,345,000; and
(4) fiscal
year 2013, $16,808,000 $16,585,000.
Notwithstanding
any contrary provision in this article, this rider expires June 30, 2013.
Food Stamps Employment and Training.
(a) The commissioner shall apply for and claim the maximum
allowable federal matching funds under United States Code, title 7, section
2025, paragraph (h), for state expenditures made on behalf of family
stabilization services participants voluntarily engaged in food stamp
employment and training activities, where appropriate.
(b)
Notwithstanding Minnesota Statutes, sections 256D.051, subdivisions 1a, 6b, and
6c, and 256J.626, federal food stamps employment and training funds received as
reimbursement of MFIP consolidated fund grant expenditures for diversionary
work program participants and child care assistance program
expenditures
for two-parent families must be deposited in the general fund. The amount of funds must be limited to
$3,350,000 in fiscal year 2010 and $4,440,000 in fiscal years 2011 through
2013, contingent on approval by the federal Food and Nutrition Service.
(c)
Consistent with the receipt of these federal funds, the commissioner may adjust
the level of working family credit expenditures claimed as TANF maintenance of
effort. Notwithstanding any contrary
provision in this article, this rider expires June 30, 2013.
ARRA Food Support Administration. The funds
available for food support administration under the American Recovery and
Reinvestment Act (ARRA) of 2009 are appropriated to the commissioner to pay
actual costs of implementing the food support benefit increases, increased
eligibility determinations, and outreach.
Of these funds, 20 percent shall be allocated to the commissioner and 80
percent shall be allocated to counties. The
commissioner shall allocate the county portion based on caseload. Reimbursement shall be based on actual costs
reported by counties through existing processes. Tribal reimbursement must be made from the
state portion based on a caseload factor equivalent to that of a county.
ARRA Food Support Benefit Increases.
The funds provided for food support benefit increases under
the Supplemental Nutrition Assistance Program provisions of the American
Recovery and Reinvestment Act (ARRA) of 2009 must be used for benefit increases
beginning July 1, 2009.
Emergency Fund for the TANF Program.
TANF Emergency Contingency funds available under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) are appropriated to
the commissioner. The commissioner must
request TANF Emergency Contingency funds from the Secretary of the Department
of Health and Human Services to the extent the commissioner meets or expects to
meet the requirements of section 403(c) of the Social Security Act. The commissioner must seek to maximize such
grants. The funds received must be used
as appropriated. Each county must
maintain the county's current level of emergency assistance funding under the
MFIP consolidated fund and use the funds under this paragraph to supplement
existing emergency assistance funding levels.
Sec. 13. Laws 2009, chapter 79, article 13, section 3,
subdivision 3, as amended by Laws 2009, chapter 173, article 2, section 1,
subdivision 3, is amended to read:
Subd. 3. Revenue
and Pass-Through Revenue Expenditures 68,337,000 70,505,000
This appropriation
is from the federal TANF fund.
TANF Transfer to Federal Child Care and Development Fund. The following TANF fund amounts are
appropriated to the commissioner for the purposes of MFIP and transition year
child care under Minnesota Statutes, section 119B.05:
(1) fiscal
year 2010, $6,531,000 $862,000;
(2) fiscal
year 2011, $10,241,000 $978,000;
(3) fiscal
year 2012, $10,826,000 $0; and
(4) fiscal
year 2013, $4,046,000 $0.
The
commissioner shall authorize the transfer of sufficient TANF funds to the
federal child care and development fund to meet this appropriation and shall
ensure that all transferred funds are expended according to federal child care
and development fund regulations.
Sec. 14. Laws 2009, chapter 79, article 13, section 3,
subdivision 4, as amended by Laws 2009, chapter 173, article 2, section 1,
subdivision 4, is amended to read:
Subd. 4. Children
and Economic Assistance Grants
The amounts
that may be spent from this appropriation for each purpose are as follows:
(a) MFIP/DWP Grants
Appropriations
by Fund
General 63,205,000 89,033,000
Federal
TANF 100,818,000 84,538,000
(b) Support Services Grants
Appropriations
by Fund
General 8,715,000 12,498,000
Federal
TANF 116,557,000 107,457,000
MFIP Consolidated Fund. The MFIP
consolidated fund TANF appropriation is reduced by $1,854,000 in fiscal year
2010 and fiscal year 2011.
Notwithstanding
Minnesota Statutes, section 256J.626, subdivision 8, paragraph (b), the
commissioner shall reduce proportionately the reimbursement to counties for
administrative expenses.
Subsidized Employment Funding Through ARRA. The commissioner is authorized to
apply for TANF emergency fund grants for subsidized employment activities. Growth in expenditures for subsidized
employment within the supported work program and the MFIP consolidated fund
over the amount expended in the calendar quarters in the TANF emergency fund
base year shall be used to leverage the TANF emergency fund grants for
subsidized employment and to fund supported work. The commissioner shall develop procedures to
maximize reimbursement of these expenditures over the TANF emergency fund base
year quarters, and may contract directly with employers and providers to
maximize these TANF emergency fund grants, including provisions of TANF
summer youth program wage subsidies for MFIP youth and caregivers. MFIP youth are individuals up to age 25 who
are part of an eligible household as defined under rules governing TANF
maintenance of effort with incomes less than 200 percent of federal poverty
guidelines. Expenditures may only be
used for subsidized wages and benefits and eligible training and supervision
expenditures. The commissioner shall
contract with the Minnesota Department of Employment and Economic Development
for the summer youth program. The
commissioner shall develop procedures to maximize reimbursement of these
expenditures over the TANF emergency fund year quarters. No more than $6,000,000 shall be reimbursed. This provision is effective upon enactment.
Supported Work. Of the TANF appropriation, $4,700,000 in fiscal year
2010 and $4,700,000 in fiscal year 2011 are to the commissioner for supported
work for MFIP recipients and is available until expended. Supported work includes paid transitional
work experience and a continuum of employment assistance, including outreach
and recruitment, program orientation and intake, testing and assessment, job
development and marketing, preworksite training, supported worksite experience,
job coaching, and postplacement follow-up, in addition to extensive case
management and referral services. This
is a onetime appropriation.
Base Adjustment. The general fund base is reduced by $3,783,000 in
each of fiscal years 2012 and 2013. The
TANF fund base is increased by $5,004,000 in each of fiscal years 2012
and 2013.
Integrated Services Program
Funding. The TANF appropriation for
integrated services program funding is $1,250,000 in fiscal year 2010 and $0 in
fiscal year 2011 and the base for fiscal years 2012 and 2013 is $0.
TANF Emergency Fund;
Nonrecurrent Short-Term Benefits. (a) TANF emergency contingency
fund grants received due to increases in expenditures for nonrecurrent
short-term benefits must
be used to offset the increase in these expenditures
for counties under the MFIP consolidated fund, under Minnesota Statutes,
section 256J.626, and the diversionary work program. The commissioner shall develop procedures to
maximize reimbursement of these expenditures over the TANF emergency fund base year
quarters. Growth in expenditures for the
diversionary work program over the amount expended in the calendar quarters in
the TANF emergency fund base year shall be used to leverage these funds.
(b) To the
extent that the commissioner can claim eligible tax credit growth as
nonrecurrent short-term benefits, the commissioner shall use those funds to
leverage the increased expenditures in paragraph (a).
(c) TANF
emergency funds for nonrecurrent short-term benefits received in excess of the
amounts necessary for paragraphs (a) and (b) shall be used to reimburse the
general fund for the costs of eligible tax credits in fiscal year 2011. The amount of such funds shall not exceed
$15,500,000 in fiscal year 2010.
(d) This
rider is effective the day following final enactment.
(c) MFIP Child Care Assistance Grants 61,171,000 65,214,000
Acceleration of ARRA Child Care and Development Fund Expenditure. The commissioner must liquidate all
child care and development money available under the American Recovery and
Reinvestment Act (ARRA) of 2009, Public Law 111-5, by September 30, 2010. In order to expend those funds by September
30, 2010, the commissioner may redesignate and expend the ARRA child care and
development funds appropriated in fiscal year 2011 for purposes under this
section for related purposes that will allow liquidation by September 30, 2010. Child care and development funds otherwise
available to the commissioner for those related purposes shall be used to fund
the purposes from which the ARRA child care and development funds had been
redesignated.
School Readiness Service Agreements.
$400,000 in fiscal year 2010 and $400,000 in fiscal year 2011
are from the federal TANF fund to the commissioner of human services consistent
with federal regulations for the purpose of school readiness service agreements
under Minnesota Statutes, section 119B.231.
This is a onetime appropriation. Any
unexpended balance the first year is available in the second year.
(d) Basic Sliding Fee Child Care Assistance Grants 40,100,000 45,092,000
School Readiness Service Agreements.
$257,000 in fiscal year 2010 and $257,000 in fiscal year 2011
are from the general fund for the purpose of school readiness service
agreements under
Minnesota
Statutes, section 119B.231. This is a
onetime appropriation. Any unexpended
balance the first year is available in the second year.
Child Care Development Fund Unexpended Balance. In addition to the amount provided
in this section, the commissioner shall expend $5,244,000 in fiscal year 2010
from the federal child care development fund unexpended balance for basic
sliding fee child care under Minnesota Statutes, section 119B.03. The commissioner shall ensure that all child
care and development funds are expended according to the federal child care and
development fund regulations.
Basic Sliding Fee. $4,000,000
in fiscal year 2010 and $4,000,000 in fiscal year 2011 are from the federal
child care development funds received from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, to the commissioner of human
services consistent with federal regulations for the purpose of basic sliding
fee child care assistance under Minnesota Statutes, section 119B.03. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
Basic Sliding Fee Allocation for Calendar Year 2010. Notwithstanding Minnesota Statutes,
section 119B.03, subdivision 6, in calendar year 2010, basic sliding fee funds
shall be distributed according to this provision. Funds shall be allocated first in amounts
equal to each county's guaranteed floor, according to Minnesota Statutes,
section 119B.03, subdivision 8, with any remaining available funds allocated
according to the following formula:
(a) Up to
one-fourth of the funds shall be allocated in proportion to the number of
families participating in the transition year child care program as reported
during and averaged over the most recent six months completed at the time of
the notice of allocation. Funds in
excess of the amount necessary to serve all families in this category shall be
allocated according to paragraph (d).
(b) Up to
three-fourths of the funds shall be allocated in proportion to the average of
each county's most recent six months of reported waiting list as defined in
Minnesota Statutes, section 119B.03, subdivision 2, and the reinstatement list
of those families whose assistance was terminated with the approval of the
commissioner under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the amount necessary to
serve all families in this category shall be allocated according to paragraph
(d).
(c) The
amount necessary to serve all families in paragraphs (a) and (b) shall be
calculated based on the basic sliding fee average cost of care per family in
the county with the highest cost in the most recently completed calendar year.
(d) Funds
in excess of the amount necessary to serve all families in paragraphs (a) and
(b) shall be allocated in proportion to each county's total expenditures for
the basic sliding fee child care program reported during the most recent fiscal
year completed at the time of the notice of allocation. To the extent that funds are available, and
notwithstanding Minnesota Statutes, section 119B.03, subdivision 8, for the
period January 1, 2011, to December 31, 2011, each county's guaranteed floor
must be equal to its original calendar year 2010 allocation.
Base Adjustment. The general
fund base is decreased by $257,000 in each of fiscal years 2012 and 2013.
(e) Child Care Development Grants 1,487,000 1,487,000
Family, friends, and neighbor grants.
$375,000 in fiscal year 2010 and $375,000 in fiscal year 2011
are from the child care development fund required targeted quality funds for
quality expansion and infant/toddler from the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, to the commissioner of human
services for family, friends, and neighbor grants under Minnesota Statutes,
section 119B.232. This appropriation may
be used on programs receiving family, friends, and neighbor grant funds as of
June 30, 2009, or on new programs or projects.
This is a onetime appropriation. Any
unexpended balance the first year is available in the second year.
Voluntary quality rating system training, coaching, consultation, and
supports. $633,000 in
fiscal year 2010 and $633,000 in fiscal year 2011 are from the federal child
care development fund required targeted quality funds for quality expansion and
infant/toddler from the American Recovery and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human services consistent with federal
regulations for the purpose of providing grants to provide statewide child-care
provider training, coaching, consultation, and supports to prepare for the
voluntary Minnesota quality rating system rating tool. This is a onetime appropriation. Any unexpended balance the first year is
available in the second year.
Voluntary quality rating system. $184,000 in
fiscal year 2010 and $1,200,000 in fiscal year 2011 are from the federal child
care development fund required targeted funds for quality expansion and
infant/toddler from the American Recovery and Reinvestment Act of 2009, Public
Law 111-5, to the commissioner of human services consistent with federal
regulations for the purpose of implementing the voluntary Parent Aware quality
star rating system pilot in coordination with the Minnesota Early Learning
Foundation. The appropriation for the
first year is to complete and promote the voluntary Parent Aware quality rating
system pilot program through June 30, 2010, and the appropriation for the
second year
is to continue the voluntary Minnesota quality rating system pilot through June
30, 2011. This is a onetime
appropriation. Any unexpended balance
the first year is available in the second year.
(f) Child Support Enforcement Grants 3,705,000 3,705,000
(g) Children's Services Grants
Appropriations
by Fund
General 48,333,000 50,498,000
Federal
TANF 340,000 240,000
Base Adjustment. The general
fund base is decreased by $5,371,000 in fiscal year 2012 and decreased
$5,371,000 in fiscal year 2013.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant and foster care recruitment grant
expenditures is appropriated to the commissioner for adoption grants and foster
care and adoption administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds available during fiscal year 2010 and fiscal
year 2011 for the adoption incentive grants are appropriated to the commissioner
for postadoption services including parent support groups.
Adoption Assistance and Relative Custody Assistance. The commissioner may transfer
unencumbered appropriation balances for adoption assistance and relative
custody assistance between fiscal years and between programs.
(h) Children and Community Services Grants 67,663,000 67,542,000
Targeted Case Management Temporary Funding Adjustment. The commissioner shall recover from
each county and tribe receiving a targeted case management temporary funding
payment in fiscal year 2008 an amount equal to that payment. The commissioner
shall recover one-half of the funds by February 1, 2010, and the
remainder by February 1, 2011. At the
commissioner's discretion and at the request of a county or tribe, the
commissioner may revise the payment schedule, but full payment must not be
delayed beyond May 1, 2011. The
commissioner may use the recovery procedure under Minnesota Statutes, section
256.017, to recover the funds. Recovered
funds must be deposited into the general fund.
(i) General Assistance Grants 48,215,000 48,608,000
General Assistance Standard. The
commissioner shall set the monthly standard of assistance for general
assistance units consisting of an adult recipient who is childless and
unmarried or living apart from parents or a legal guardian at $203. The commissioner may reduce this amount
according to Laws 1997, chapter 85, article 3, section 54.
Emergency General Assistance. The amount
appropriated for emergency general assistance funds is limited to no more than
$7,889,812 in fiscal year 2010 and $7,889,812 in fiscal year 2011. Funds to counties must be allocated by the
commissioner using the allocation method
specified in Minnesota Statutes, section 256D.06.
(j) Minnesota Supplemental Aid Grants 33,930,000 35,191,000
Emergency Minnesota Supplemental Aid Funds. The amount appropriated for
emergency Minnesota supplemental aid funds is limited to no more than
$1,100,000 in fiscal year 2010 and $1,100,000 in fiscal year 2011. Funds to counties must be allocated by the
commissioner using the allocation method specified in Minnesota Statutes,
section 256D.46.
(k) Group Residential Housing Grants 111,778,000 114,034,000
Group Residential Housing Costs Refinanced. (a) Effective July 1, 2011, the
commissioner shall increase the home and community-based service rates and
county allocations provided to programs for persons with disabilities
established under section 1915(c) of the Social Security Act to the extent that
these programs will be paying for the costs above the rate established in
Minnesota Statutes, section 256I.05, subdivision 1.
(b) For
persons receiving services under Minnesota Statutes, section 245A.02, who
reside in licensed adult foster care beds for which a difficulty of care
payment was being made under Minnesota Statutes, section 256I.05, subdivision
1c, paragraph (b), counties may request an exception to the individual's
service authorization not to exceed the difference between the client's monthly
service expenditures plus the amount of the difficulty of care payment.
(l) Children's Mental Health Grants 16,885,000 16,882,000
Funding Usage. Up to 75
percent of a fiscal year's appropriation for children's mental health grants
may be used to fund allocations in that
portion of the fiscal year ending December 31.
(m) Other Children and Economic Assistance Grants 16,047,000 15,339,000
Fraud Prevention Grants. Of this
appropriation, $228,000 in fiscal year 2010 and $228,000 $379,000
in fiscal year 2011 is to the commissioner for fraud prevention grants to
counties.
Homeless and Runaway Youth. $218,000 in
fiscal year 2010 is for the Runaway and Homeless Youth Act under Minnesota
Statutes, section 256K.45. Funds shall
be spent in each area of the continuum of care to ensure that programs are
meeting the greatest need. Any
unexpended balance in the first year is available in the second year. Beginning July 1, 2011, the base is increased
by $119,000 each year.
ARRA Homeless Youth Funds. To the extent
permitted under federal law, the commissioner shall designate $2,500,000 of the
Homeless Prevention and Rapid Re-Housing Program funds provided under the
American Recovery and Reinvestment Act of 2009, Public Law 111-5, for agencies
providing homelessness prevention and rapid rehousing services to youth.
Supportive Housing Services. $1,500,000
each year is for supportive services under Minnesota Statutes, section 256K.26. This is a onetime appropriation.
Community Action Grants. Community
action grants are reduced one time by $1,794,000 each year. This reduction is due to the availability of
federal funds under the American Recovery and Reinvestment Act.
Base Adjustment. The general
fund base is increased by $773,000 $903,000 in fiscal year 2012
and $773,000 $413,000 in fiscal year 2013.
Federal ARRA Funds for Existing Programs.
(a) Federal funds received by the commissioner for the
emergency food and shelter program from the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, but not previously approved by the legislature
are appropriated to the commissioner for the purposes of the grant program.
(b) Federal
funds received by the commissioner for the emergency shelter grant program
including the Homelessness Prevention and Rapid Re-Housing Program from the
American Recovery and Reinvestment Act of 2009, Public Law 111-5, are
appropriated to the commissioner for the purposes of the grant programs.
(c) Federal
funds received by the commissioner for the emergency food assistance program
from the American Recovery and Reinvestment Act of 2009, Public Law 111-5, are
appropriated to the commissioner for the purposes of the grant program.
(d) Federal
funds received by the commissioner for senior congregate meals and senior home-delivered
meals from the American Recovery and Reinvestment Act of 2009, Public Law
111-5, are appropriated to the commissioner for the Minnesota Board on Aging,
for purposes of the grant programs.
(e) Federal
funds received by the commissioner for the community services block grant
program from the American Recovery and Reinvestment Act of 2009, Public Law
111-5, are appropriated to the commissioner for the purposes of the grant
program.
Long-Term Homeless Supportive Service Fund Appropriation. To the extent permitted under
federal law, the commissioner shall designate $3,000,000 of the Homelessness
Prevention and Rapid Re-Housing Program funds provided under the American
Recovery and Reinvestment Act of 2009, Public Law, 111-5, to the long-term homeless
service fund under Minnesota Statutes, section 256K.26. This appropriation shall become available by
July 1, 2009. This paragraph is
effective the day following final enactment.
Sec. 15. Laws 2009, chapter 79, article 13, section 3,
subdivision 8, as amended by Laws 2009, chapter 173, article 2, section 1,
subdivision 8, is amended to read:
Subd. 8. Continuing
Care Grants
The amounts
that may be spent from the appropriation for each purpose are as follows:
(a) Aging and Adult Services Grants 13,499,000 15,805,000
Base Adjustment. The general
fund base is increased by $5,751,000 in fiscal year 2012 and $6,705,000 in
fiscal year 2013.
Information and Assistance Reimbursement.
Federal administrative reimbursement obtained from information
and assistance services provided by the Senior LinkAge or Disability Linkage
lines to people who are identified as eligible for medical assistance shall be
appropriated to the commissioner for this activity.
Community Service Development Grant Reduction. Funding for community service
development grants must be reduced by $260,000 for fiscal year 2010; $284,000
in fiscal year 2011; $43,000 in fiscal year 2012; and $43,000 in fiscal year
2013. Base level funding shall be
restored in fiscal year 2014.
Community Service Development Grant Community Initiative. Funding for community service
development grants shall be used to offset the cost of aging support grants. Base level funding shall be restored in
fiscal year 2014.
Senior Nutrition Use of Federal Funds.
For fiscal year 2010, general fund grants for home-delivered
meals and congregate dining shall be reduced by $500,000. The commissioner must replace these general
fund reductions with equal amounts from federal funding for senior nutrition
from the American Recovery and Reinvestment Act of 2009.
(b) Alternative Care Grants 50,234,000 48,576,000
Base Adjustment. The general
fund base is decreased by $3,598,000 in fiscal year 2012 and $3,470,000 in
fiscal year 2013.
Alternative Care Transfer. Any money
allocated to the alternative care program that is not spent for the purposes
indicated does not cancel but must be transferred to the medical assistance
account.
(c) Medical Assistance Grants; Long-Term Care
Facilities. 367,444,000 419,749,000
(d) Medical Assistance Long-Term Care Waivers and Home Care Grants 853,567,000 1,039,517,000
Manage Growth in TBI and CADI Waivers.
During the fiscal years beginning on July 1, 2009, and July
1, 2010, the commissioner shall allocate money for home and community-based
waiver programs under Minnesota Statutes, section 256B.49, to ensure a
reduction in state spending that is equivalent to limiting the caseload growth
of the TBI waiver to 12.5 allocations per month each year of the biennium and
the CADI waiver to 95 allocations per month each year of the biennium. Limits do not apply: (1) when there is an approved plan for
nursing facility bed closures for individuals under age 65 who require
relocation due to the bed closure; (2) to fiscal year 2009 waiver allocations
delayed due to unallotment; or (3) to transfers authorized by the commissioner
from the personal care assistance program of individuals having a home care
rating of "CS," "MT," or "HL." Priorities for the
allocation of funds must be for individuals anticipated to be discharged from
institutional settings or who are at imminent risk of a placement in an
institutional setting.
Manage Growth in DD Waiver. The
commissioner shall manage the growth in the DD waiver by limiting the
allocations included in the February 2009 forecast to 15 additional diversion
allocations each month for the calendar years that begin on January 1, 2010,
and January 1, 2011. Additional
allocations must be made available for transfers authorized by the commissioner
from the personal care program of individuals having a home care rating of
"CS," "MT," or "HL."
Adjustment to Lead Agency Waiver Allocations. Prior to the availability of the
alternative license defined in Minnesota Statutes, section 245A.11, subdivision
8, the commissioner shall reduce lead agency waiver allocations for the
purposes of implementing a moratorium on corporate foster care.
Alternatives to Personal Care Assistance Services. Base level funding of $3,237,000 in
fiscal year 2012 and $4,856,000 in fiscal year 2013 is to implement alternative
services to personal care
assistance
services for persons with mental health and other behavioral challenges who can
benefit from other services that more appropriately meet their needs and assist
them in living independently in the community.
These services may include, but not be limited to, a 1915(i) state plan
option.
(e) Mental Health Grants
Appropriations
by Fund
General 77,739,000 77,739,000
Health Care
Access 750,000 750,000
Lottery
Prize 1,508,000 1,508,000
Funding Usage. Up to 75
percent of a fiscal year's appropriation for adult mental health grants may be
used to fund allocations in that portion of the fiscal year ending December 31.
(f) Deaf and Hard-of-Hearing Grants 1,930,000 1,917,000
(g) Chemical Dependency Entitlement Grants 111,303,000 122,822,000
Payments for Substance Abuse Treatment.
For services provided placements beginning during
fiscal years 2010 and 2011, county-negotiated rates and provider claims to the consolidated
chemical dependency fund must not exceed the lesser of:
(1) rates
charged for these services on January 1, 2009; or
(2) 160
percent of the average rate on January 1, 2009, for each group of vendors with
similar attributes.
Effective
July 1, 2010, rates that were above the average rate on January 1, 2009, are
reduced by five percent from the rates in effect on June 1, 2010. Rates below the average rate on
January 1, 2009, are reduced by 1.8 percent from the rates in effect
on June 1, 2010. Services provided under
this section by state-operated services are exempt from the rate reduction. For services provided in fiscal years 2012
and 2013, statewide average rates the statewide aggregate payment under
the new rate methodology to be developed under Minnesota Statutes, section
254B.12, must not exceed the average rates charged for these services on
January 1, 2009 projected aggregate payment under the rates in effect
for fiscal year 2011 excluding the rate reduction for rates that were below the
average on January 1, 2009, plus a state share increase of $3,787,000 for
fiscal year 2012 and $5,023,000 for fiscal year 2013. Notwithstanding any provision to the contrary
in this article, this provision expires on June 30, 2013.
Chemical Dependency Special Revenue Account. For fiscal year 2010, $750,000 must
be transferred from the consolidated chemical dependency treatment fund
administrative account and deposited into the general fund.
County CD Share of MA Costs for ARRA Compliance. Notwithstanding the provisions of
Minnesota Statutes, chapter 254B, for chemical dependency services provided
during the period October 1, 2008, to December 31, 2010, and reimbursed by
medical assistance at the enhanced federal matching rate provided under the
American Recovery and Reinvestment Act of 2009, the county share is 30 percent
of the nonfederal share. This provision
is effective the day following final enactment.
(h) Chemical Dependency Nonentitlement Grants 1,729,000 1,729,000
(i) Other Continuing Care Grants 19,201,000 17,528,000
Base Adjustment. The general
fund base is increased by $2,639,000 in fiscal year 2012 and increased by
$3,854,000 in fiscal year 2013.
Technology Grants. $650,000 in
fiscal year 2010 and $1,000,000 in fiscal year 2011 are for technology grants,
case consultation, evaluation, and consumer information grants related to
developing and supporting alternatives to shift-staff foster care residential
service models.
Other Continuing Care Grants; HIV Grants.
Money appropriated for the HIV drug and insurance grant
program in fiscal year 2010 may be used in either year of the biennium.
Quality Assurance Commission. Effective
July 1, 2009, state funding for the quality assurance commission under
Minnesota Statutes, section 256B.0951, is canceled.
Sec. 16. Laws 2009, chapter 79, article 13, section 5,
subdivision 8, as amended by Laws 2009, chapter 173, article 2, section 3,
subdivision 8, is amended to read:
Subd. 8. Board
of Nursing Home Administrators 1,211,000 1,023,000
Administrative Services Unit - Operating Costs. Of this appropriation, $524,000 in
fiscal year 2010 and $526,000 in fiscal year 2011 are for operating costs of
the administrative services unit. The
administrative services unit may receive and expend reimbursements for services
performed by other agencies.
Administrative Services Unit - Retirement Costs. Of this appropriation in fiscal year
2010, $201,000 is for onetime retirement costs in the health-related boards. This funding may be transferred to the health
boards incurring those costs for their payment.
These funds are available either year of the biennium.
Administrative Services Unit - Volunteer Health Care Provider Program. Of this appropriation, $79,000
$130,000 in fiscal year 2010 and $89,000 $150,000 in
fiscal year 2011 are to pay for medical professional liability coverage
required under Minnesota Statutes, section 214.40.
Administrative Services Unit - Contested Cases and Other Legal
Proceedings. Of this
appropriation, $200,000 in fiscal year 2010 and $200,000 in fiscal year 2011
are for costs of contested case hearings and other unanticipated costs of legal
proceedings involving health-related boards funded under this section and
for unforeseen expenditures of an urgent nature. Upon certification of a health-related board
to the administrative services unit that the costs will be incurred and that
there is insufficient money available to pay for the costs out of money
currently available to that board, the administrative services unit is
authorized to transfer money from this appropriation to the board for payment
of those costs with the approval of the commissioner of finance. This appropriation does not cancel. Any unencumbered and unspent balances remain
available for these expenditures in subsequent fiscal years. The boards receiving funds under this
section shall include these amounts when setting fees to cover their costs.
Sec. 17. EXPIRATION
OF UNCODIFIED LANGUAGE.
All
uncodified language contained in this article expires on June 30, 2011, unless
a different expiration date is explicit.
Sec. 18. EFFECTIVE
DATE.
The
provisions in this article are effective July 1, 2010, unless a different
effective date is explicit."
Delete the
title and insert:
"A
bill for an act relating to state government; state health care programs;
continuing care; children and family services; health care reform; Department
of Health; public health; health plans; increasing fees and surcharges;
requiring reports; making supplemental and contingent appropriations and
reductions for the Departments of Health and Human Services and other
health-related boards and councils; amending Minnesota Statutes 2008, sections
62D.08, by adding a subdivision; 62J.692, subdivision 4; 62Q.19, subdivision 1;
144.05, by adding a subdivision; 144.226, subdivision 3; 144.293, subdivision
4; 144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51,
subdivision 5; 144D.03, subdivision 2, by adding a subdivision; 144D.04,
subdivision 2; 144E.37; 144G.06; 152.126, as amended; 214.40, subdivision 7;
246.18, by adding a subdivision; 254B.01, subdivision 2; 254B.02, subdivisions
1, 5; 254B.03, subdivision 4; 254B.05, subdivision 4; 254B.06, subdivision 2;
254B.09, subdivision 8; 256.9657, subdivisions 2, 3, 3a; 256.969, subdivisions
21, 26, by adding a subdivision; 256B.055, by adding a subdivision; 256B.056,
subdivisions 3, 4; 256B.057, subdivision 9; 256B.0625, subdivisions 8, 8a, 8b,
18a, 22, 31, by adding subdivisions; 256B.0631, subdivisions 1, 3; 256B.0644,
as amended; 256B.0915, by adding a subdivision; 256B.19, subdivision 1c;
256B.5012, by adding a subdivision; 256B.69, subdivisions 20, as amended, 27,
by adding a subdivision; 256B.692, subdivision 1; 256B.76, subdivisions 2, 4;
256D.03, subdivision 3b; 256D.0515; 256I.05, by adding a subdivision; 256J.24,
subdivision 6; 256L.07, by adding a subdivision; 256L.11, subdivision 6;
256L.12, subdivisions 5, 9, by adding a subdivision; 256L.15, subdivision 1;
517.08, subdivision 1c, as amended; Minnesota Statutes 2009 Supplement,
sections 157.16, subdivision 3; 252.27, subdivision 2a; 256.969,
subdivisions
2b, 3a; 256.975, subdivision 7; 256B.0625, subdivision 13h; 256B.0653,
subdivision 5; 256B.0659, subdivision 11; 256B.0911, subdivisions 1a, 3c;
256B.441, subdivision 55; 256B.69, subdivisions 5a, 23; 256B.76, subdivision 1;
256B.766; 256D.03, subdivision 3, as amended; 256J.425, subdivision 3; 256L.03,
subdivision 5; 327.15, subdivision 3; 517.08, subdivision 1b; Laws 2005, First
Special Session chapter 4, article 8, section 66, as amended; Laws 2009,
chapter 79, article 3, section 18; article 5, sections 17; 18; 22; 75,
subdivision 1; 78, subdivision 5; article 8, sections 2; 51; 84; article 13,
sections 3, subdivisions 1, as amended, 3, as amended, 4, as amended, 8, as
amended; 5, subdivision 8, as amended; Laws 2009, chapter 173, article 1,
section 17; Laws 2010, chapter 200, article 1, sections 12; 16; 21; article 2,
section 2, subdivisions 1, 5, 8; proposing coding for new law in Minnesota Statutes,
chapters 62D; 62E; 62Q; 137; 144; 144D; 246; 254B; 256; 256B; repealing
Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, 4; 254B.09,
subdivisions 4, 5, 7; 256D.03, subdivisions 3, 3a, 5, 6, 7, 8; Minnesota
Statutes 2009 Supplement, section 256J.621; Laws 2010, chapter 200, article 1,
sections 12; 18; 19."
We request the adoption of this report and repassage of the
bill.
House Conferees:
Thomas Huntley, Karen Clark, Paul
Thissen and Larry Hosch.
Senate Conferees: Linda
Berglin, Yvonne Prettner Solon, Kathy Sheran, Tony Lourey and Steve
Dille.
Huntley moved that the report of the
Conference Committee on H. F. No. 2614 be adopted and that the
bill be repassed as amended by the Conference Committee.
Gottwalt moved that the House refuse to
adopt the Conference Committee report on H. F. No. 2614, and
that the bill be returned to the Conference Committee.
A roll call was requested and properly
seconded.
CALL OF THE HOUSE
On the motion of Buesgens and on the
demand of 10 members, a call of the House was ordered. The following members answered to their
names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
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
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lesch
Liebling
Lieder
Lillie
Loon
Mack
Mahoney
Mariani
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Sertich moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed and
it was so ordered.
POINT OF ORDER
Brod raised a point of order pursuant to
Joint Rule 2.06 relating to Conference Committees. Speaker pro tempore Hortman ruled the point
of order not well taken.
MOTION TO LAY ON THE TABLE
Buesgens moved that the Conference
Committee Report on H. F. No. 2614 be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
motion and the roll was called.
Sertich moved that those not voting be
excused from voting. The motion
prevailed.
There were 41 yeas and 89 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
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
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
Holberg
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
Spk. Kelliher
The motion did not prevail.
The question recurred on the Gottwalt motion that the House
refuse to adopt the Conference Committee report on
H. F. No. 2614, and that the bill be returned to the Conference
Committee and the roll was called. There
were 47 yeas and 85 nays as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Obermueller
Peppin
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
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
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
Spk. Kelliher
The motion did not prevail.
The question recurred on the Huntley motion that the House
adopt the Conference Committee report on H. F. No. 2614, and
that the bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2614,
A bill for an act relating to state government; licensing; state health care
programs; continuing care; children and family services; health reform;
Department of Health; public health; health plans; assessing administrative
penalties; modifying foreign operating corporation taxes; requiring reports;
making supplemental and contingent appropriations and reductions for the
Departments of Health and Human Services and other health-related boards and
councils; amending Minnesota Statutes 2008, sections 62D.08, by adding a
subdivision; 62J.07, subdivision 2, by adding a subdivision; 62J.38; 62J.692,
subdivision 4; 62Q.19, subdivision 1; 62Q.76, subdivision 1; 62U.05; 119B.025,
subdivision 1; 119B.09, subdivision 4; 119B.11, subdivision 1; 144.05, by
adding a subdivision; 144.226, subdivision 3; 144.291, subdivision 2; 144.293,
subdivision 4, by adding a subdivision; 144.651, subdivision 2; 144.9504, by
adding a subdivision; 144A.51, subdivision 5; 144E.37; 214.40, subdivision 7;
245C.27, subdivision 2; 245C.28, subdivision 3; 246B.04, subdivision 2;
254B.01, subdivision 2; 254B.02, subdivisions 1, 5; 254B.03, subdivision 4, by
adding a subdivision; 254B.05, subdivision 4; 254B.06, subdivision 2; 254B.09,
subdivision 8; 256.01, by adding a subdivision; 256.9657, subdivision 3;
256B.04, subdivision 14; 256B.055, by adding a subdivision; 256B.056,
subdivisions 3, 4; 256B.057, subdivision 9; 256B.0625, subdivisions
8, 8a, 8b, 18a, 22, 31, by
adding subdivisions; 256B.0631, subdivisions 1, 3; 256B.0644, as amended;
256B.0754, by adding a subdivision; 256B.0915, subdivision 3b; 256B.19,
subdivision 1c; 256B.441, by adding a subdivision; 256B.5012, by adding a
subdivision; 256B.69, subdivisions 20, as amended, 27, by adding subdivisions;
256B.692, subdivision 1; 256B.75; 256B.76, subdivisions 2, 4, by adding a
subdivision; 256D.03, subdivision 3b; 256D.0515; 256D.425, subdivision 2;
256I.05, by adding a subdivision; 256J.20, subdivision 3; 256J.24, subdivision
10; 256J.37, subdivision 3a; 256J.39, by adding subdivisions; 256L.02,
subdivision 3; 256L.03, subdivision 3, by adding a subdivision; 256L.04,
subdivision 7; 256L.05, by adding a subdivision; 256L.07, subdivision 1, by
adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15, subdivision 1;
290.01, subdivision 5, by adding a subdivision; 290.17, subdivision 4; 326B.43,
subdivision 2; 626.556, subdivision 10i; 626.557, subdivision 9d; Minnesota
Statutes 2009 Supplement, sections 62J.495, subdivisions 1a, 3, by adding a
subdivision; 157.16, subdivision 3; 245A.11, subdivision 7b; 245C.27,
subdivision 1; 246B.06, subdivision 6; 252.025, subdivision 7; 252.27,
subdivision 2a; 256.045, subdivision 3; 256.969, subdivision 3a; 256B.056,
subdivision 3c; 256B.0625, subdivisions 9, 13e; 256B.0653, subdivision 5;
256B.0911, subdivision 1a; 256B.0915, subdivision 3a; 256B.69, subdivisions 5a,
23; 256B.76, subdivision 1; 256B.766; 256D.03, subdivision 3, as amended;
256D.44, subdivision 5; 256J.425, subdivision 3; 256L.03, subdivision 5;
256L.11, subdivision 1; 289A.08, subdivision 3; 290.01, subdivisions 19c, 19d;
327.15, subdivision 3; Laws 2005, First Special Session chapter 4, article 8,
section 66, as amended; Laws 2009, chapter 79, article 3, section 18; article
5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision 5; article 8,
sections 2; 51; 81; article 13, sections 3, subdivisions 1, as amended, 3, as
amended, 4, as amended, 8, as amended; 5, subdivision 8, as amended; Laws 2009,
chapter 173, article 1, section 17; Laws 2010, chapter 200, article 1, sections
12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21; article 2, section 2,
subdivisions 1, 8; proposing coding for new law in Minnesota Statutes, chapters
62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256; 256B; proposing coding for new
law as Minnesota Statutes, chapter 62V; repealing Minnesota Statutes 2008,
sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7; 256D.03,
subdivisions 3a, 3b, 5, 6, 7, 8; 290.01, subdivision 6b; 290.0921, subdivision
7; Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 3; Laws
2009, chapter 79, article 7, section 26, subdivision 3; Laws 2010, chapter 200,
article 1, sections 12, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 82 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
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
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Paymar
Peppin
Reinert
Sanders
Scalze
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
CALL OF THE HOUSE LIFTED
Sertich moved that the call of the House
be lifted. The motion prevailed and it
was so ordered.
FISCAL CALENDAR
Pursuant to rule 1.22, Solberg requested
immediate consideration of H. F. No. 2227.
H. F. No. 2227 was reported
to the House.
Marquart
and Urdahl moved to amend H. F. No. 2227, the second
engrossment, as follows:
Page 4,
after line 30, insert:
"(9)
upon request of the legislature, review individual state agencies, boards,
commissions, or councils for purposes of making recommendations to the legislature
on whether the group should continue or should be sunset;"
Page 14,
line 32, before "The" insert "(a)"
Page 15,
after line 4, insert:
"(b)
The report submitted on January 15, 2014, must:
(1) demonstrate that council recommendations or actions have resulted in
savings of at least $3 for every $1 appropriated to the council through June
30, 2013; and (2) contain recommendations for the future that the council
believes will result in at least $20 of savings for every $1 that will be
appropriated to the council in the future.
If the report submitted on January 15, 2014, does not comply with this
paragraph, the council expires on June 30, 2014."
Page 15,
after line 25, insert:
"Sec. 12. [465.8091]
SUNSET.
Sections
465.7901, 465.7902, 465.7903, 465.7904, 465.7905, 465.7906, 465.7907, 465.805,
465.808, and 465.809 expire June 30, 2018."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
Downey moved to amend the Marquart and
Urdahl amendment to H. F. No. 2227, the second engrossment, as
follows:
Page 1, line 3, delete "upon
request of the legislature" and insert "on a ten-year cycle"
and delete "individual" and insert "all"
The motion prevailed and the amendment to
the amendment was adopted.
The question recurred on the Marquart and
Urdahl amendment, as amended, to H. F. No. 2227, the second
engrossment. The motion prevailed and
the amendment, as amended, was adopted.
Buesgens moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 6, line
2, after the period, insert "A waiver or exemption under this section
must not be granted to a nonprofit organization that supplies or provides
abortion services."
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
amendment and the roll was called. There
were 64 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Emmer
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Holberg
Hoppe
Hosch
Howes
Jackson
Juhnke
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lenczewski
Loon
Mack
Marquart
McFarlane
McNamara
Murdock
Murphy, M.
Nornes
Olin
Otremba
Pelowski
Peppin
Sanders
Scott
Seifert
Shimanski
Smith
Solberg
Sterner
Torkelson
Urdahl
Ward
Westrom
Zellers
Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Falk
Gardner
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Kalin
Knuth
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Masin
Morgan
Morrow
Mullery
Murphy, E.
Nelson
Newton
Norton
Obermueller
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Swails
Thao
Thissen
Tillberry
Wagenius
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Peppin moved to amend H. F. No. 2227,
the second engrossment, as amended, as follows:
Page 2, after line 10,
insert:
"Sec. 2. [16A.371]
RECIPIENTS OF STATE GRANTS AND APPROPRIATIONS.
(a) This section applies to
a nonprofit organization that receives a direct appropriation of state funds or
that receives a grant of state funds, if during the period covered by the
appropriation or grant an officer or employee of the organization will receive
a salary from the nonprofit organization or a related organization that exceeds
the salary of the governor. As a
condition of receiving the direct appropriation or grant, a nonprofit
organization covered by this section must agree that the organization will
submit to the attorney general, during each year that the organization receives
a direct appropriation or grant of state funds, a list of the total
compensation of the three highest paid directors, officers, or employees of the
organization. The attorney general must
make filings under this paragraph public in the same manner as annual reports
filed under section 309.53 and publish the filings prominently on the Office of
the Attorney General's Web site.
(b) This section also
applies to a health maintenance organization, as defined in section 62D.02, subdivision
4, that has a contract to provide services to the state or to state employees,
if an officer or employee of the organization receives a salary that exceeds
the salary of the governor. As a
condition of the contract, the organization must agree that any written
marketing materials directed to potential enrollees will include a list of the
total compensation of the three highest paid directors, officers, or employees
of the organization.
(c) For purposes of this
section:
(1) "nonprofit organization"
includes a corporation, partnership, limited partnership, limited liability
company, joint venture, cooperative, association, or trust, wherever
incorporated, organized, or registered, if the organization is organized on a
nonprofit basis;
(2) "related
organization" has the meaning defined in section 317A.011, subdivision 18;
and
(3) "total
compensation" means salaries, fees, bonuses, fringe benefits, severance
payments, and deferred compensation.
EFFECTIVE DATE. This section is effective July 1, 2010, and applies
to grant agreements entered into and to appropriations received after that
date."
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 Peppin amendment and the roll was
called. There were 51 yeas and 80 nays
as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Holberg
Hoppe
Howes
Kahn
Kath
Kelly
Kiffmeyer
Kohls
Lillie
Loon
Mack
Masin
McNamara
Murdock
Nornes
Obermueller
Pelowski
Peppin
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Gardner
Greiling
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Mariani
Marquart
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Otremba
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Buesgens moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 6,
line 34, after the period, insert "For purposes of this section,
"procedural law" may not include any provision related to voting or
elections."
A roll call was requested and properly
seconded.
The question was taken on the Buesgens
amendment and the roll was called. There
were 120 yeas and 11 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
Faust
Fritz
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
Those who voted in the negative were:
Falk
Gardner
Hansen
Huntley
Johnson
Koenen
Masin
Persell
Rukavina
Thao
Wagenius
The motion prevailed and the amendment was
adopted.
Downey moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 5, line
5, before "The" insert "(a)"
Page 5,
after line 16, insert:
"(b)
Each executive agency that receives federal funds must include as part of its
budget presentation an analysis of the implications for the agency if there are
dramatically reduced federal payments. The
analysis must:
(1) identify
the risks to the agency related to a potential large reduction in the federal
government's financial or service commitments;
(2) estimate
the impact of the risks to the agency in terms of potential loss of federal
revenue and the resulting impact to state services;
(3)
recommend strategies that would help the agency adjust to and minimize the loss
of income and service impact;
(4)
recommend a plan for continuous monitoring of specific leading indicators of
the federal government's inability to provide services or funding that trigger
certain actions by the agency; and
(5)
recommend specific steps to be taken by the agency if the actions are
triggered."
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 Downey
amendment and the roll was called. There
were 50 yeas and 82 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Kohls
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Obermueller
Pelowski
Peppin
Peterson
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Welti
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
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Otremba
Paymar
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
Peppin moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 15,
after line 25, insert:
"Sec. 12. REQUEST
FOR PROPOSALS.
(a) The
commissioner of revenue shall issue a request for proposals for a contract to
implement a system of tax analytics and business intelligence tools to enhance
the state's tax collection process and revenues by improving the means of
identifying candidates for audit and collection activities and prioritizing
those activities to provide the highest returns on auditors' and collection
agents' time. The request for proposals
must require that the system recommended and implemented by the contractor:
(1)
leverage the Department of Revenue's existing data and other available data
sources to build models that more effectively and efficiently identify accounts
for audit review and collections;
(2)
leverage advanced analytical techniques and technology such as pattern
detection, predictive modeling, clustering, outlier detection and link analysis
to identify suspect accounts for audit review and collections;
(3)
leverage a variety of approaches and analytical techniques to rank accounts and
improve the success rate and the return on investment of department employees
engaged in audit activities;
(4)
leverage technology to make the audit process more sustainable and stable, even
with turnover of department auditing staff;
(5) provide optimization
capabilities to more effectively prioritize collections and increase the
efficiency of employees engaged in collections activities; and
(6) incorporate mechanisms
to decrease wrongful auditing and reduce interference with Minnesota taxpayers
who are fully complying with the laws.
(b) Based on responses to the
request for proposals, the commissioner shall enter into a contract for the
services specified in paragraph (a) by October 1, 2010. The contract must incorporate a
performance-based vendor financing option whereby the vendor shares in the risk
of the project's success.
EFFECTIVE DATE. This section is effective the day following final
enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Peppin amendment and the roll was
called. There were 44 yeas and 88 nays
as follows:
Those who
voted in the affirmative were:
Anderson, B.
Anderson, S.
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kahn
Kalin
Kath
Kiffmeyer
Kohls
Loon
Mack
Murdock
Nornes
Obermueller
Peppin
Reinert
Sanders
Scott
Seifert
Shimanski
Smith
Sterner
Torkelson
Westrom
Winkler
Zellers
Those who
voted in the negative were:
Abeler
Anderson, P.
Anzelc
Atkins
Beard
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
Kelly
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
Anderson,
S., moved to amend H. F. No. 2227, the second engrossment, as
amended, as follows:
Page 5, line
21, delete ", compensation,"
Page 5, line
22, delete everything after the period
Page 5,
delete line 23
The motion prevailed and the amendment was
adopted.
Downey moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 2,
delete lines 31 to 33
Page 3,
delete lines 1 to 25, and insert:
"(1)
one representative of the Minnesota Chamber of Commerce;
(2) one
representative of the Minnesota Business Partnership;
(3) one
representative of the McKnight Foundation;
(4) one
representative of the Wilder Foundation;
(5) one
representative of the Bush Foundation;
(6) one
representative of the Association of Minnesota Counties;
(7) one
representative of the League of Minnesota Cities;
(8) one
representative of the University of Minnesota;
(9) one
representative of the Minnesota State Colleges and Universities;
(10) one
representative of the Minnesota Association of School Administrators;
(11) one
representative of the American Federation of State, County, and Municipal
Employees;
(12) one
representative of Education Minnesota;
(13) one
representative of the Service Employees International Union;
(14) one
representative of the Minnesota High Tech Association; and
(15) the
state chief information officer.
(b) The
appointments required by this section must be completed by June 30, 2010. Appointing authorities shall notify the state
chief information officer when making their appointments. The members of the commission shall serve at
the pleasure of the appointing authorities."
A roll call was requested and properly
seconded.
The question was taken on the Downey
amendment and the roll was called. There
were 43 yeas and 88 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Murdock
Newton
Nornes
Peppin
Peterson
Sanders
Scott
Seifert
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
Those who voted in the negative were:
Abeler
Anzelc
Atkins
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
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the
amendment was not adopted.
H. F. No. 2227, as amended,
was read for the third time.
MOTION FOR RECONSIDERATION
Peppin moved that the action whereby H. F. No. 2227,
as amended, was given its third reading be now reconsidered. The motion prevailed.
Peppin moved
to amend H. F. No. 2227, the second engrossment, as amended, as
follows:
Page 11,
lines 5 and 10, delete "25" and insert "50"
A roll call was requested and properly
seconded.
The question was taken on the Peppin amendment and the roll was
called. There were 49 yeas and 84 nays
as follows:
Those who
voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
Those who
voted in the negative were:
Anzelc
Atkins
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
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
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
The motion did not prevail and the amendment was not adopted.
H. F. No. 2227, A bill for an act relating to
local government; establishing Minnesota Innovation and Research Council;
imposing powers and duties of council; appropriating money; amending Minnesota
Statutes 2008, section 3.971, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 465; repealing Minnesota Statutes 2008,
section 6.80.
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 86 yeas and 47
nays as follows:
Those who
voted in the affirmative were:
Abeler
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Westrom
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Emmer
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Hansen
Holberg
Hoppe
Kath
Kelly
Kiffmeyer
Kohls
Loon
Mack
McNamara
Murdock
Nornes
Pelowski
Peppin
Poppe
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Welti
Zellers
The bill was passed, as amended, and its title agreed to.
There being no objection, the order of business reverted to
Messages from the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 910,
A bill for an act relating to notaries public; modifying fees; regulating
commissions and notarial stamps and seals; providing clarifications; providing
for the accommodations of physical limitations; amending Minnesota Statutes
2008, sections 358.028; 358.09; 358.15; 358.47; 358.48; 359.01, subdivision 2;
359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061; 359.12; Minnesota Statutes
2009 Supplement, sections 357.021, subdivision 2; 359.01, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 359; repealing
Minnesota Statutes 2008, section 359.05.
The
Senate has appointed as such committee:
Senators
Betzold, Dille and Kubly.
Said
House File is herewith returned to the House.
Colleen J. Pacheco, First Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 2614, A bill for an act
relating to state government; licensing; state health care programs; continuing
care; children and family services; health reform; Department of Health; public
health; health plans; assessing administrative penalties; modifying foreign
operating corporation taxes; requiring reports; making supplemental and
contingent appropriations and reductions for the Departments of Health and
Human Services and other health-related boards and councils; amending Minnesota
Statutes 2008, sections 62D.08, by adding a subdivision; 62J.07, subdivision 2,
by adding a subdivision; 62J.38; 62J.692, subdivision 4; 62Q.19, subdivision 1;
62Q.76, subdivision 1; 62U.05; 119B.025, subdivision 1; 119B.09, subdivision 4;
119B.11, subdivision 1; 144.05, by adding a subdivision; 144.226, subdivision
3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision;
144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision
5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision
3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4;
254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a
subdivision; 256.9657, subdivision 3; 256B.04, subdivision 14; 256B.055, by
adding a subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9;
256B.0625, subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions;
256B.0631, subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a
subdivision; 256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by
adding a subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions
20, as amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75;
256B.76, subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b;
256D.0515; 256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20,
subdivision 3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by
adding subdivisions; 256L.02, subdivision 3; 256L.03, subdivision 3, by adding
a subdivision; 256L.04, subdivision 7; 256L.05, by adding a subdivision;
256L.07, subdivision 1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9;
256L.15, subdivision 1; 290.01, subdivision 5, by adding a subdivision; 290.17,
subdivision 4; 326B.43, subdivision 2; 626.556, subdivision 10i; 626.557,
subdivision 9d; Minnesota Statutes 2009 Supplement, sections 62J.495,
subdivisions 1a, 3, by adding a subdivision; 157.16, subdivision 3; 245A.11,
subdivision 7b; 245C.27, subdivision 1; 246B.06, subdivision 6; 252.025,
subdivision 7; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969,
subdivision 3a; 256B.056, subdivision 3c; 256B.0625, subdivisions 9, 13e;
256B.0653, subdivision 5; 256B.0911, subdivision 1a; 256B.0915, subdivision 3a;
256B.69, subdivisions 5a, 23; 256B.76, subdivision 1; 256B.766; 256D.03,
subdivision 3, as amended; 256D.44, subdivision 5; 256J.425, subdivision 3;
256L.03, subdivision 5; 256L.11, subdivision 1; 289A.08, subdivision 3; 290.01,
subdivisions 19c, 19d; 327.15, subdivision 3; Laws 2005, First Special Session
chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 3,
section 18; article 5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision
5; article 8, sections 2; 51; 81; article 13, sections 3, subdivisions 1, as
amended, 3, as amended, 4, as amended, 8, as amended; 5, subdivision 8, as
amended; Laws 2009, chapter 173, article 1, section 17; Laws 2010, chapter 200,
article 1, sections 12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21;
article 2, section 2, subdivisions 1, 8; proposing coding for new law in
Minnesota Statutes, chapters 62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256;
256B; proposing coding for new law as Minnesota Statutes, chapter 62V;
repealing Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, 4;
254B.09, subdivisions 4, 5, 7; 256D.03, subdivisions 3a, 3b, 5, 6, 7, 8;
290.01, subdivision 6b; 290.0921, subdivision 7; Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 3; Laws 2009, chapter 79, article 7,
section 26, subdivision 3; Laws 2010, chapter 200, article 1, sections 12,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
The Senate has repassed said bill in accordance with
the recommendation and report of the Conference Committee. Said House File is herewith returned to the
House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference Committee
on:
H. F. No. 2624,
A bill for an act relating to state government; appropriating money for
environment and natural resources.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
S. F. No. 3275.
The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee. Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3275
A bill for
an act relating to state government; appropriating money from constitutionally
dedicated funds; modifying appropriation to prevent water pollution from
polycyclic aromatic hydrocarbons; modifying certain administrative accounts;
modifying electronic transaction provisions; providing for certain registration
exemptions; modifying all-terrain vehicle definitions; modifying all-terrain
vehicle operation restrictions; modifying state trails and canoe and boating
routes; modifying fees and disposition of certain receipts; modifying certain
competitive bidding exemptions; modifying horse trail pass provisions;
modifying beaver dam provisions; modifying the Water Law; modifying nongame
wildlife checkoffs; establishing an Environment and Natural Resources
Organization Advisory Committee to advise legislature and governor on new
structure for administration of environment and natural resource policies;
requiring an advisory committee to consider all powers and duties of Pollution
Control Agency, Department of Natural Resources, Environmental Quality Board,
Board of Water and Soil Resources, Petroleum Tank Release Compensation Board,
Harmful Substances Compensation Board, and Agricultural Chemical Response Compensation
Board and certain powers and duties of Departments of Agriculture, Health,
Transportation, and Commerce; modifying method of determining value of acquired
stream easements; providing for certain historic property exemption; modifying
state forest acquisition provisions; modifying certain requirements for land
sales; adding to and deleting from state parks and state forests; authorizing
public and private sales, conveyances, and exchanges of certain state land;
amending the definition of "green economy" to include the concept of
"green chemistry;" clarifying that an appropriation is to the
commissioner of commerce; establishing a program to provide rebates for solar
photovoltaic modules; providing for community energy planning; modifying
Legislative Energy Commission and Public Utilities Commission provisions;
eliminating a legislative guide; appropriating money; amending Minnesota
Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision 9; 84.027,
subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777, subdivision
2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions 9, 10;
84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256,
subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40; 85.015,
subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41, subdivision
3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3; 88.79,
subdivision
2; 89.032, subdivision 2; 90.041, by adding a subdivision; 90.121; 90.14;
97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3; 103G.285,
subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315,
subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision 2; 115A.02;
116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by adding a
subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota Statutes 2009
Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1; 84.9275,
subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09, subdivision
1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as amended; Laws
2009, chapter 37, article 2, section 13; Laws 2009, chapter 176, article 4,
section 9; Laws 2010, chapter 215, article 3, section 4, subdivision 10;
proposing coding for new law in Minnesota Statutes, chapters 85; 103G; 116C;
repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5,
6, 7, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota Statutes
2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009,
chapter 172, article 5, section 8.
May 12, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 3275 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 3275 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
OUTDOOR
HERITAGE
Section 1.
OUTDOOR HERITAGE APPROPRIATION.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the outdoor heritage fund and are available for the
fiscal years indicated for each purpose.
The figures "2010" and "2011" used in this article
mean that the appropriations listed under them are available for the fiscal
year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year
2010. "The second year" is
fiscal year 2011. "The
biennium" is fiscal years 2010 and 2011.
The appropriations in this article are onetime.
APPROPRIATIONS
Available for the Year
Ending June 30
2010 2011
Sec. 2. OUTDOOR
HERITAGE
Subdivision 1. Total
Appropriation $-0- $58,939,000
This
appropriation is from the outdoor heritage fund. The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Prairies
-0- 18,093,000
(a) Accelerated Prairie Grassland
Restoration and Enhancement Program on DNR Lands
$5,833,000
in fiscal year 2011 is to the commissioner of natural resources to accelerate
the protection, restoration, and enhancement of native prairie vegetation. A list of proposed land acquisitions,
restorations, and enhancements, describing the types and locations of
acquisitions, restorations, and enhancements, must be provided as part of the
required accomplishment plan. All
restorations must comply with subdivision 9, paragraph (b).
(b) The Green Corridor Legacy Program
$1,651,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with the Redwood Area Communities Foundation to acquire and restore
land for purposes allowed under the Minnesota Constitution, article XI, section
15, in Redwood, Renville, Brown, Nicollet, Murray, Lyon, Yellow Medicine,
Chippewa, and Cottonwood Counties to be added to the state outdoor recreation
system as defined in Minnesota Statutes, chapter 86A. A list of proposed fee title acquisitions
must be provided as part of the required accomplishment plan. The commissioner of natural resources must
agree in writing to each proposed acquisition.
All restorations must comply with subdivision 9, paragraph (b).
(c) Prairie Heritage Fund - Acquisition and
Restoration
$3,015,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Pheasants Forever to acquire and restore land to be added to the
state wildlife management area system. A
list of proposed fee title acquisitions and a list of proposed restoration
projects, describing the types and locations of restorations, must be provided
as part of the required accomplishment plan.
The commissioner of natural resources must agree in writing to each
proposed acquisition. All restorations
must comply with subdivision 9, paragraph (b).
(d) Northern Tallgrass Prairie National
Wildlife Refuge Protection
$2,041,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with The Nature Conservancy to acquire land or permanent easements
within the Northern Tallgrass Prairie Habitat Preservation Area in western
Minnesota for addition to the Northern Tallgrass Prairie National Wildlife Refuge. A list of proposed fee title and permanent
easement acquisitions must be provided as part of the required accomplishment
plan. The accomplishment plan must
include an easement stewardship plan.
(e) Rum River - Cedar Creek Initiative
$1,900,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Anoka County to acquire fee title to land at the confluence of
the Rum River and Cedar Creek in Anoka County.
Land acquired in fee must remain open to hunting and fishing, consistent
with the capacity of the land, during the open season, as determined in writing
by the commissioner of natural resources.
All restorations must comply with subdivision 9, paragraph (b).
(f) Minnesota Prairie Recovery Project
$3,653,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with The Nature Conservancy for a pilot project to acquire interests
in land and restore and enhance prairie and prairie/wetland habitat in the
prairie regions of western and southwestern Minnesota. The Nature Conservancy may acquire land in
fee or through permanent conservation easements. A list of proposed fee title and permanent
conservation easements, and a list of proposed restorations and enhancements,
must be provided as part of the required accomplishment plan. All restorations must comply with subdivision
9, paragraph (b). The commissioner of
natural resources must agree in writing to each acquisition of interest in
land, restoration project, and enhancement project. The accomplishment plan must include an
easement stewardship plan.
Subd. 3. Forests
-0- 5,603,000
(a) Critical Shoreline Habitat Protection
Program
$816,000 in
fiscal year 2011 is to the commissioner of natural resources for an agreement
with the Minnesota Land Trust to acquire permanent conservation easements
protecting critical shoreline habitats in Koochiching, Cook, Lake, and St. Louis
County portions of the northern forest area in northern Minnesota and provide
stewardship for those easements. A list
of proposed conservation easement acquisitions must be provided as part of the
required accomplishment plan. The
accomplishment plan must include an easement stewardship plan.
(b) Protect Key Industrial Forest Land
Tracts in Central Minnesota
$594,000 in
fiscal year 2011 is to the commissioner of natural resources for an agreement
with Cass County to acquire lands that assist with gaining access for
restoration and enhancement purposes to existing public land tracts. A list of proposed acquisitions must be
provided as part of the required accomplishment plan.
(c) Little Nokasippi River Wildlife
Management Area
$843,000 in
fiscal year 2011 is to the commissioner of natural resources for acceleration
of agency programs and cooperative agreements to acquire interests in land
within the boundaries of the Minnesota National Guard Army compatible use
buffer (ACUB) program. Of this
appropriation, $225,000 is for the Department of Natural Resources to acquire
land for wildlife management areas and $618,000 is for an agreement with the
Board of Water and Soil Resources to acquire permanent conservation easements. A list of proposed acquisitions must be provided
as part of the required accomplishment plan.
(d) Accelerated Forest Wildlife Habitat
Program
$1,791,000
in fiscal year 2011 is to the commissioner of natural resources for
acceleration of agency programs to acquire, in fee, land for state forests and
restore and enhance state forest habitat.
A list of projects including proposed fee title acquisitions and
restorations and enhancements must be provided as part of the required
accomplishment plan. All restorations
must comply with subdivision 9, paragraph (b).
(e) Northeastern Minnesota Sharp-Tailed
Grouse Habitat
$1,559,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Pheasants Forever to acquire interests in land, and to restore
and enhance habitat for sharp-tailed grouse in Kanabec, Aitkin, and St. Louis
Counties in cooperation with the Minnesota Sharp-Tailed Grouse Society. A list of proposed acquisitions and a list of
proposed restorations and enhancements must be provided as part of the required
accomplishment plan. The commissioner of
natural resources must agree in writing to each acquisition of interest in
land, restoration project, and enhancement project. All restorations must comply with subdivision
9, paragraph (b).
Subd. 4. Wetlands
-0- 16,905,000
(a) Accelerated Shallow Lake and Wetland
Enhancement and Restoration Program
$6,505,000
in fiscal year 2011 is to the commissioner of natural resources to assess,
enhance, and restore shallow lake and wetland habitats, to acquire land in fee
or through permanent conservation easements for shallow lake program
restoration, and to provide stewardship for acquired easements in cooperation
with Ducks Unlimited, Inc. Of this
appropriation, $1,463,000 is for the Department of Natural Resources agency
program acceleration and $5,042,000 is for an agreement with Ducks Unlimited,
Inc. A list of proposed projects,
describing the types and locations of land
acquisitions,
restoration projects, and enhancement projects, must be provided as part of the
required accomplishment plan. The
commissioner of natural resources must agree in writing to each acquisition,
restoration project, and enhancement project.
The accomplishment plan must include an easement stewardship plan. All restorations must comply with subdivision
9, paragraph (b).
(b) Accelerate the Waterfowl Production Area
Program in Minnesota
$3,505,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Pheasants Forever to acquire and restore wetland and related
upland habitats, in cooperation with the United States Fish and Wildlife
Service and Ducks Unlimited, Inc., to be managed as waterfowl production areas. A list of proposed acquisitions and a list of
proposed projects, describing the types and locations of restorations, must be
provided as part of the required accomplishment plan. All restorations must comply with subdivision
9, paragraph (b).
(c) Reinvest in Minnesota Wetlands Reserve
Program Acquisition and Restoration
$6,895,000
in fiscal year 2011 is to the Board of Water and Soil Resources to acquire
permanent conservation easements and restore wetlands and associated uplands in
cooperation with the United States Department of Agriculture Wetlands Reserve
Program. A list of proposed acquisitions
and a list of proposed projects, describing the types and locations of
restorations, must be provided as part of the required accomplishment plan. All restorations must comply with subdivision
9, paragraph (b).
Subd. 5. Habitat
-0- 17,563,000
(a) Metro Big Rivers Habitat Program
$2,397,000
in fiscal year 2011 is to the commissioner of natural resources for agreements
for projects to protect, restore, and enhance natural systems of the Minnesota
River, St. Croix River, Mississippi River, and their major tributaries as
follows: $500,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc. for
fee title land acquisition; $1,500,000 with the Trust for Public Land for fee
title land acquisition; $227,300 with the Friends of the Mississippi River for
restoration, enhancement, and conservation easement acquisition; and $169,700
with Great River Greening for restoration and enhancement. The accomplishment plan must include an
easement stewardship plan. All
restorations must comply with subdivision 9, paragraph (b).
(b) Accelerated Aquatic Management Area
Acquisition
$3,416,000
in fiscal year 2011 is to the commissioner of natural resources to accelerate
land acquisition by fee title and easements to be added to the state aquatic
management area system as defined in Minnesota Statutes, chapter 86A, and to
restore and enhance stream habitat and lake habitat. Land acquired in fee must remain open to
hunting and fishing, consistent with the capacity of the land, during the open
season, as determined in writing by the commissioner of natural resources. A list of proposed fee title and easement
acquisitions, stream habitat restorations and enhancements, and lake habitat
restorations and enhancements must be provided as part of the required
accomplishment plan.
(c) Cold Water River and Stream Restoration,
Protection, and Enhancement
$1,269,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Trout Unlimited to restore, enhance, and protect cold water
river and stream habitats in Minnesota. A
list of proposed acquisitions and a list of proposed projects, describing the
types and locations of restorations and enhancements, must be provided as part
of the required accomplishment plan. The
commissioner of natural resources must agree in writing to each proposed
acquisition, restoration, and enhancement.
All restorations must comply with subdivision 9, paragraph (b).
(d) Dakota County Riparian and Lakeshore
Protection and Restoration
$2,097,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Dakota County for acquisition of permanent easements and
enhancement and restoration of aquatic and associated upland habitat. A list of proposed acquisitions and
restorations must be provided as part of the required accomplishment plan. The accomplishment plan must include an
easement stewardship plan. All
restorations must comply with subdivision 9, paragraph (b).
(e) Valley Creek Protection Partnership
$1,218,000
in fiscal year 2011 is to the commissioner of natural resources for agreements
on projects to protect, restore, and enhance natural systems of Valley Creek in
Washington County as follows: $838,000
with Minnesota Land Trust; $218,000 with Washington County; $100,000 with the
Belwin Conservancy; $50,000 with Trout Unlimited; and $12,000 with the Valley
Branch Watershed District. All
restorations must comply with subdivision 9, paragraph (b).
(f) Anoka Sand Plain Restoration and
Enhancement
$747,000 in
fiscal year 2011 is to the commissioner of natural resources for an agreement
with Great River Greening to restore and enhance habitat on public property in
the Anoka Sand Plain in Anoka, Chisago, Isanti, Benton, Washington, Morrison,
and Sherburne Counties. All restorations
must comply with subdivision 9, paragraph (b).
(g) Lower Mississippi River Habitat
Restoration Acceleration
$1,000,000
in fiscal year 2011 is to the commissioner of natural resources to accelerate
agency programs and for cooperative agreements to acquire land in the Root
River watershed. A list of proposed
acquisitions must be provided as part of the required accomplishment plan. The commissioner of natural resources must
agree in writing to each proposed acquisition, restoration, and enhancement. All restorations must comply with subdivision
9, paragraph (b).
(h) Washington County St. Croix River
Land Protection
$1,033,000
in fiscal year 2011 is to the commissioner of natural resources for an
agreement with Washington County to acquire permanent easements to protect
habitat associated with the St. Croix River Valley. A list of proposed acquisitions must be
provided as part of the required accomplishment plan. The accomplishment plan must include an
easement stewardship plan.
(i) Outdoor Heritage Conservation Partners
Grant Program
$4,386,000
in fiscal year 2011 is to the commissioner of natural resources for a program
to provide competitive, matching grants of up to $400,000 to local, regional,
state, and national organizations, including government, for enhancement,
restoration, or protection of forests, wetlands, prairies, and habitat for
fish, game, or wildlife in Minnesota. Up
to four percent of this appropriation may be used by the commissioner of
natural resources for administering the grant program. Grantees may acquire land or interests in
land. Easements must be permanent. Land acquired in fee must be open to hunting
and fishing during the open season unless otherwise provided by state law. The commissioner of natural resources must
agree in writing to each proposed acquisition of land or interest in land. The program shall require a match of at least
ten percent from nonstate sources for grants of $100,000 or less and a match of
at least 15 percent from nonstate sources for grants over $100,000. Up to one-third of the match may be in-kind
resources. The criteria for evaluating
grant applications must include, in a balanced and equally weighted order of
precedence, the amount of habitat restored, enhanced, or protected; local
support; degree of collaboration; urgency; capacity to achieve multiple
benefits;
habitat
benefits provided; consistency with current conservation science; adjacency to
protected lands; full funding of the project; supplementing existing funding;
public access for hunting and fishing during the open season; sustainability;
and use of native plant materials. All
projects must conform to the Minnesota statewide conservation and preservation
plan. Wildlife habitat projects must
also conform to the Minnesota wildlife action plan. Subject to the evaluation criteria and
requirements of this paragraph and Minnesota Statutes, the commissioner of
natural resources shall give priority to organizations that have a history or
charter to receive private contributions for local conservation or habitat
projects when evaluating projects of equal value. Priority may be given to projects acquiring
land or easements associated with existing wildlife management areas. All restoration or enhancement projects must
be on land permanently protected by conservation easement or public ownership
or in public waters as defined in Minnesota Statutes, section 103G.005,
subdivision 15. Subdivision 9 applies to
grants awarded under this paragraph. All
restorations must comply with subdivision 9, paragraph (b). This appropriation is available until June
30, 2014, at which time all grant project work must be completed and final
products delivered, unless an earlier date is specified in the grant agreement. No less than five percent of the amount of
each grant must be held back from reimbursement until the grant recipient has
completed a grant accomplishment report by the deadline and in the form
prescribed by and satisfactory to the Lessard-Sams Outdoor Heritage Council.
Subd. 6. Administration
and Other 0 775,000
(a) Contract Management
$175,000 in
fiscal year 2011 is to the commissioner of natural resources for contract
management duties assigned in this section.
(b) Legislative Coordinating Commission
$600,000 in
fiscal year 2011 is to the Legislative Coordinating Commission for
administrative expenses of the Lessard-Sams Outdoor Heritage Council and for
compensation and expense reimbursement of council members.
Subd. 7. Availability
of Appropriation
Money
appropriated in this section may not be spent on activities unless they are
directly related to and necessary for a specific appropriation and are
specified in the accomplishment plan. Money
appropriated in this section must not be spent on indirect costs or other
institutional overhead charges. Unless
otherwise provided, the amounts in this section are available until June 30,
2013, when projects must be completed and final accomplishments reported. Funds for restoration or enhancement are
available until
June 30,
2015, or four years after acquisition, whichever is later, in order to complete
restoration or enhancement work. If a
project receives federal funds, the time period of the appropriation is
extended to equal the availability of federal funding. Funds appropriated for fee title acquisition
of land may be used to restore and enhance land acquired with the
appropriation.
Subd. 8. Accomplishment
Plans
It is a
condition of acceptance of the appropriations made by this section that the
agency or entity using the appropriation shall submit to the council an
accomplishment plan and periodic accomplishment reports in the form determined
by the Lessard-Sams Outdoor Heritage Council.
The accomplishment plan must account for the use of the appropriation
and outcomes of the expenditure in measures of wetlands, prairies, forests, and
fish, game, and wildlife habitat restored, protected, and enhanced. The plan must include an evaluation of
results. None of the money provided in
this section may be expended unless the council has approved the pertinent
accomplishment plan.
Subd. 9. Project
Requirements
(a) As a
condition of accepting an appropriation in this section, any agency or entity
receiving an appropriation must comply with this subdivision for any project
funded in whole or in part with funds from the appropriation.
(b) To the
extent possible, a person conducting restoration with money appropriated in
this section must plant vegetation or sow seed only of ecotypes native to
Minnesota, and preferably of the local ecotype, using a high diversity of
species originating from as close to the restoration site as possible, and
protect existing native prairies, grasslands, forests, wetlands, and other
aquatic systems from genetic contamination.
(c) All conservation easements acquired with money
appropriated in this section must:
(1) be permanent; (2) specify the parties to an easement; (3) specify
all of the provisions of an agreement that are permanent; (4) specify the
habitat types and location being protected; (5) where appropriate for
conservation or water protection outcomes, require the grantor to employ
practices retaining water on the eased land as long as practicable; (6) specify
the responsibilities of the parties for habitat enhancement and restoration and
the associated costs of these activities; (7) be sent to the office of the
Lessard-Sams Outdoor Heritage Council; (8) include a long-term stewardship
plan and identify the sources and amount of funding for monitoring and
enforcing the easement agreement; and (9) identify the parties responsible for
monitoring and enforcing the easement agreement.
(d) For all
restorations, a recipient must prepare and retain an ecological restoration and
management plan that, to the degree practicable, is consistent with current
conservation science and ecological goals for the restoration site. Consideration should be given to soil,
geology, topography, and other relevant factors that would provide the best
chance for long-term success of the restoration projects. The plan shall include the proposed timetable
for implementing the restoration, including, but not limited to, site
preparation, establishment of diverse plant species, maintenance, and
additional enhancement to establish the restoration; identify long-term
maintenance and management needs of the restoration and how the maintenance,
management, and enhancement will be financed; and use the current conservation
science to achieve the best restoration.
(e) For new
lands acquired, a recipient must prepare a restoration
and management plan in compliance with paragraph (d), including
identification of sufficient funding for implementation.
(f) To
ensure public accountability for the use of public funds, a recipient must
provide to the Lessard-Sams Outdoor Heritage Council documentation of the
selection process used to identify parcels acquired in fee or permanent
conservation easement and provide the council with documentation of all related
transaction costs, including, but not limited to, appraisals, legal fees,
recording fees, commissions, other similar costs, and donations. This information must be provided for all
parties involved in the transaction. The
recipient shall also report to the Lessard-Sams Outdoor Heritage Council any
difference between the acquisition amount paid to the seller and the
state-certified or state-reviewed appraisal, if a state-certified or
state-reviewed appraisal was conducted. Acquisition
data such as appraisals may remain private during negotiations but must
ultimately be made public according to Minnesota Statutes, chapter 13.
(g) Except
as otherwise provided in this section, all restoration and enhancement projects
funded with money appropriated in this section must be on land permanently
protected by a conservation easement or public ownership or in public waters as
defined in Minnesota Statutes, section 103G.005, subdivision 15.
(h) To the
extent an appropriation is used to acquire an interest in real property, a
recipient of an appropriation under this section must provide to the
Lessard-Sams Outdoor Heritage Council and the commissioner of management and
budget an analysis of increased operations and maintenance costs likely to be
incurred by public entities as a result of the acquisition and of how these
costs are to be paid.
(i) A
recipient of money from an appropriation in this section must give
consideration to and make timely written contact with the Minnesota
Conservation Corps or its successor for consideration of
possible
use of their services to contract for restoration and enhancement services. A copy of the written contact must be filed
with the Lessard-Sams Outdoor Heritage Council within 15 days of execution.
(j) A
recipient of money from this section must erect signage according to Laws 2009,
chapter 172, article 5, section 10.
Subd. 10. Payment
Conditions and Capital Equipment Expenditures
All
agreements, grants, or contracts referred to in this section must be
administered on a reimbursement basis unless otherwise provided in this section. Notwithstanding Minnesota Statutes, section
16A.41, expenditures directly related to each appropriation's purpose made on
or after July 1, 2010, are eligible for reimbursement unless otherwise provided
in this section. Periodic reimbursement
must be made upon receiving documentation that the deliverable items
articulated in the approved accomplishment plan have been achieved, including
partial achievements as evidenced by approved progress reports. Reasonable amounts may be advanced to
projects to accommodate cash flow needs or to match federal share. The advances must be approved as part of the
accomplishment plan. Capital equipment
expenditures for specific items in excess of $10,000 must be approved as part
of the accomplishment plan.
Subd. 11. Purchase
of Recycled and Recyclable Materials
A political
subdivision, public or private corporation, or other entity that receives an
appropriation in this section must use the appropriation in compliance with
Minnesota Statutes, section 16B.121, regarding purchase of recycled,
repairable, and durable materials, and section 16B.122, regarding purchase and
use of paper stock and printing.
Subd. 12. Accessibility
Structural
and nonstructural facilities must meet the design standards in the Americans
with Disabilities Act (ADA) accessibility guidelines.
Subd. 13. Land
Acquisition Restrictions
(a) An
interest in real property, including, but not limited to, an easement or fee
title, that is acquired with money appropriated under this section must be used
in perpetuity or for the specific term of an easement interest for the purpose
for which the appropriation was made.
(b) A
recipient of funding who acquires an interest in real property subject to this
subdivision may not alter the intended use of the interest in real property or
convey any interest in the real property acquired with the appropriation
without the prior review and approval of the Lessard-Sams Outdoor Heritage
Council or its successor. The council
shall notify the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over the outdoor heritage fund at
least 15 business days before approval under this paragraph. The council shall establish procedures to
review requests from recipients to alter the use of or convey an interest in
real property. These procedures shall
allow for the replacement of the interest in real property with another
interest in real property meeting the following criteria: (1) the interest is at least equal in fair
market value, as certified by the commissioner of natural resources, to the
interest being replaced; and (2) the interest is in a reasonably equivalent
location and has a reasonably equivalent useful conservation purpose compared
to the interest being replaced.
(c) A
recipient of funding who acquires an interest in real property under paragraph
(a) must separately record a notice of funding restrictions in the appropriate
local government office where the conveyance of the interest in real property
is filed. The notice of funding agreement
must contain: (1) a legal description of
the interest in real property covered by the funding agreement; (2) a reference
to the underlying funding agreement; (3) a reference to this section; and (4)
the following statement: "This
interest in real property shall be administered in accordance with the terms,
conditions, and purposes of the grant agreement controlling the acquisition of
the property. The interest in real
property, or any portion of the interest in real property, shall not be sold,
transferred, pledged, or otherwise disposed of or further encumbered without
obtaining the prior written approval of the Lessard-Sams Outdoor Heritage
Council or its successor. The ownership
of the interest in real property shall transfer to the state if: (1) the holder of the interest in real
property fails to comply with the terms and conditions of the grant agreement
or accomplishment plan; or (2) restrictions are placed on the land that
preclude its use for the intended purpose as specified in the appropriation."
Subd. 14. Real
Property Interest Report
By December
1 each year, a recipient of money appropriated under this section that is used
for the acquisition of an interest in real property, including, but not limited
to, an easement or fee title, must submit annual reports on the status of the
real property to the Lessard-Sams Outdoor Heritage Council or its successor in
a form determined by the council. The
responsibility for reporting under this section may be transferred by the
recipient of the appropriation to another person or entity that holds the
interest in the real
property. To complete the transfer of reporting
responsibility, the recipient of the appropriation must: (1) inform the person to whom the
responsibility is transferred of that person's reporting responsibility; (2)
inform the person to whom the responsibility is transferred of the property
restrictions under subdivision 13; (3) provide written notice to the council of
the transfer of reporting responsibility, including contact information for the
person to whom the responsibility is transferred; and (4) provide the
Lessard-Sams Outdoor Heritage Council or its successor written documentation
from the person or entity holding the interest in real property certifying its
acceptance of all reporting obligations and responsibilities previously held by
the recipient of the appropriation. After
the transfer, the person or entity that holds the interest in the real property
is responsible for reporting requirements under this section.
Subd. 15. Successor
Organizations
The
Lessard-Sams Outdoor Heritage council may approve the continuation of a project
with an organization that has adopted a new name. Continuation of a project with an
organization that has undergone a significant change in mission, structure, or
purpose will require: (1) notice to the
chairs of committees with relevant jurisdiction; and (2) presentation by the
Lessard-Sams Outdoor Heritage Council of proposed legislation either ratifying
or rejecting continued involvement with the new organization.
Sec. 3. Minnesota Statutes 2009 Supplement, section
85.53, is amended by adding a subdivision to read:
Subd. 5. Restoration
evaluations. Beginning July
1, 2011, the commissioner of natural resources shall convene a technical
evaluation panel comprised of five members, including one technical
representative from the Board of Water and Soil Resources, one technical
representative from the Department of Natural Resources, one technical expert
from the University of Minnesota or the Minnesota State Colleges and
Universities, and two other representatives with expertise related to the
project being evaluated. The
commissioner may add a technical representative from a unit of federal or local
government. The members of the technical
evaluation panel may not be associated with the restoration, may vary depending
upon the projects being reviewed, and shall avoid any potential conflicts of
interest. Each year, the commissioner
shall assign a coordinator to identify a sample of up to ten habitat
restoration projects completed with parks and trails funding. The coordinator shall secure the restoration
plans for the projects specified and direct the technical evaluation panel to
evaluate the restorations relative to the law, current science, and the stated
goals and standards in the restoration plan and, when applicable, to the Board
of Water and Soil Resources' native vegetation establishment and enhancement
guidelines. The coordinator shall
summarize the findings of the panel and provide a report to the chairs of the
respective house of representatives and senate policy and finance committees
with jurisdiction over natural resources and spending from the parks and trails
fund. The report shall determine if the
restorations are meeting planned goals, any problems with the implementation of
restorations, and, if necessary, recommendations on improving restorations. The report shall be focused on improving
future restorations. Up to one-tenth of
one percent of forecasted receipts from the parks and trails fund may be used
for restoration evaluations under this section.
Sec. 4. Minnesota Statutes 2009 Supplement, section
97A.056, subdivision 3, is amended to read:
Subd. 3. Council
recommendations. (a) The council
shall make recommendations to the legislature on appropriations of money from
the outdoor heritage fund that are consistent with the Constitution and state
law and that will achieve the outcomes of existing natural resource plans,
including, but not limited to, the Minnesota Statewide Conservation and
Preservation Plan, that directly relate to the restoration, protection, and
enhancement of wetlands, prairies, forests, and habitat for fish, game, and
wildlife, and that prevent forest fragmentation, encourage forest consolidation,
and expand restored native prairie. In
making recommendations, the council shall consider a range of options that
would best restore, protect, and enhance wetlands, prairies, forests, and
habitat for fish, game, and wildlife, and shall not adopt definitions of
"restore", "protect", or "enhance" that would
limit the council from considering options that are consistent with the
Constitution. The council shall
submit its initial recommendations to the legislature no later than April 1,
2009. Subsequent recommendations shall
be submitted no later than January 15 each year. The council shall present its recommendations
to the senate and house of representatives committees with jurisdiction over
the environment and natural resources budget by February 15 in odd-numbered
years, and within the first four weeks of the legislative session in
even-numbered years. The council's
budget recommendations to the legislature
shall be separate from the Department of Natural Resource's budget
recommendations.
(b) To
encourage and support local conservation efforts, the council shall establish a
conservation partners program. Local,
regional, state, or national organizations may apply for matching grants for
restoration, protection, and enhancement of wetlands, prairies, forests, and
habitat for fish, game, and wildlife, prevention of forest fragmentation,
encouragement of forest consolidation, and expansion of restored native
prairie.
(c) The
council may work with the Clean Water Council to identify projects that are
consistent with both the purpose of the outdoor heritage fund and the purpose
of the clean water fund.
(d) The
council may make recommendations to the Legislative-Citizen Commission on
Minnesota Resources on scientific research that will assist in restoring,
protecting, and enhancing wetlands, prairies, forests, and habitat for fish,
game, and wildlife, preventing forest fragmentation, encouraging forest
consolidation, and expanding restored native prairie.
(e)
Recommendations of the council, including approval of recommendations for the
outdoor heritage fund, require an affirmative vote of at least nine members of
the council.
(f) The
council may work with the Clean Water Council, the Legislative-Citizen
Commission on Minnesota Resources, the Board of Water and Soil Resources, soil
and water conservation districts, and experts from Minnesota State Colleges and
Universities and the University of Minnesota in developing the council's
recommendations.
(g) The
council shall develop and implement a process that ensures that citizens and
potential recipients of funds are included throughout the process, including
the development and finalization of the council's recommendations. The process must include a fair, equitable,
and thorough process for reviewing requests for funding and a clear and easily
understood process for ranking projects.
(h) The
council shall use the regions of the state based upon the ecological regions
and subregions developed by the Department of Natural Resources and establish
objectives for each region and subregion to achieve the purposes of the fund
outlined in the state constitution.
(i) The
council shall develop and submit to the Legislative Coordinating Commission
plans for the first ten years of funding, and a framework for 25 years of
funding, consistent with statutory and constitutional requirements. The council may use existing plans from other
legislative, state, and federal sources, as applicable.
Sec. 5. Minnesota Statutes 2008, section 97A.056,
subdivision 5, is amended to read:
Subd. 5. Open
meetings. (a) Meetings of the
council and other groups the council may establish are subject to chapter 13D. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all
aspects of its deliberations, including recording meetings, video conferencing,
and publishing minutes. For the purposes
of this subdivision, a meeting occurs when a quorum is present and the members
receive information or take action on any matter relating to the duties of the
council. The quorum requirement for the
council shall be seven members.
(b) Travel
to and from scheduled and publicly noticed site visits by council members for
the purposes of receiving information is not a violation of paragraph (a). Any decision or agreement to make a decision
during the travel is a violation of paragraph (a).
(c) For
legislative members of the council, enforcement of this subdivision is governed
by section 3.055, subdivision 2. For
nonlegislative members of the council, enforcement of this subdivision is
governed by section 13D.06, subdivisions 1 and 2.
Sec. 6. Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 8. Revenues. When a parcel of land that was previously
purchased with outdoor heritage funds is transferred to the state, the owner of
the land shall disclose to the council and commissioner of natural resources:
(1) all
revenues generated from activities on the land from the time the land was purchased
with outdoor heritage funds until the land was transferred to the state;
(2) all
holding costs associated with managing the land between the time of purchase
with outdoor heritage funds and the time the land was transferred to the state;
and
(3) the
total net revenues as determined by subtracting the costs described in clause
(2) from the revenues described in clause (1).
Sec. 7. Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 9. Lands
in public domain. Money
appropriated from the outdoor heritage fund shall not be used to purchase any
land in fee title or a permanent conservation easement if the land in question
is fully or partially owned by the state of Minnesota or a political
subdivision of the state, unless: (1)
the purchase creates additional direct benefit to protect, restore, or enhance
the state's wetlands, prairies, forests, or habitat for fish, game, and
wildlife; and (2) the purchase is approved by an affirmative vote of at least
nine members of the council. At least 15
business days prior to a decision under this subdivision, the council shall
submit the planned decision item to the Legislative Coordinating Commission. The planned decision item takes effect 15
business days after it is submitted by the council.
EFFECTIVE DATE. This
section is effective July 1, 2010, and applies only to projects proposed after
that date.
Sec. 8. Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 10. Restoration
evaluations. Beginning July
1, 2011, the commissioner of natural resources and the Board of Water and Soil
Resources shall convene a technical evaluation panel comprised of five members,
including one technical representative from the Board of Water and Soil
Resources, one technical representative from the Department of Natural
Resources, one technical expert from the University of Minnesota or the
Minnesota State
Colleges
and Universities, and two representatives with expertise in the project being
evaluated. The board and the
commissioner may add a technical representative from a unit of federal or local
government. The members of the technical
evaluation panel may not be associated with the restoration, may vary depending
upon the projects being reviewed, and shall avoid any potential conflicts of
interest. Each year, the board and the
commissioner shall assign a coordinator to identify a sample of up to ten
habitat restoration projects completed with outdoor heritage funding. The coordinator shall secure the restoration
plans for the projects specified and direct the technical evaluation panel to
evaluate the restorations relative to the law, current science, and the stated
goals and standards in the restoration plan and, when applicable, to the Board
of Water and Soil Resources' native vegetation establishment and enhancement
guidelines. The coordinator shall
summarize the findings of the panel and provide a report to the chair of the
Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of
representatives and senate policy and finance committees with jurisdiction over
natural resources and spending from the outdoor heritage fund. The report shall determine if the
restorations are meeting planned goals, any problems with the implementation of
restorations, and, if necessary, recommendations on improving restorations. The report shall be focused on improving
future restorations. Up to one-tenth of
one percent of forecasted receipts from the outdoor heritage fund may be used
for restoration evaluations under this section.
Sec. 9. Minnesota Statutes 2009 Supplement, section
114D.50, is amended by adding a subdivision to read:
Subd. 6. Restoration
evaluations. Beginning July
1, 2011, the Board of Water and Soil Resources shall convene a technical
evaluation panel comprised of five members, including one technical
representative from the Board of Water and Soil Resources, one technical
representative from the Department of Natural Resources, one technical expert
from the University of Minnesota or the Minnesota State Colleges and
Universities, and two representatives with expertise related to the project
being evaluated. The board may add a
technical representative from a unit of federal or local government. The members of the technical evaluation panel
may not be associated with the restoration, may vary depending upon the
projects being reviewed, and shall avoid any potential conflicts of interest. Each year, the board shall assign a
coordinator to identify a sample of up to ten habitat restoration projects
completed with clean water funding. The
coordinator shall secure the restoration plans for the projects specified and
direct the technical evaluation panel to evaluate the restorations relative to
the law, current science, and the stated goals and standards in the restoration
plan and, when applicable, to the Board of Water and Soil Resources' native
vegetation establishment and enhancement guidelines. The coordinator shall summarize the findings
of the panel and provide a report to the chairs of the respective house of
representatives and senate policy and finance committees with jurisdiction over
natural resources and spending from the clean water fund. The report shall determine if the
restorations are meeting planned goals, any problems with the implementation of
restorations, and, if necessary, recommendations on improving restorations. The report shall be focused on improving
future restorations. Up to one-tenth of
one percent of forecasted receipts from the clean water fund may be used for
restoration evaluations under this section.
Sec. 10. LAND
MANAGEMENT RECOMMENDATIONS.
The
commissioner of management and budget, in consultation with the commissioner of
natural resources and the Board of Water and Soil Resources, shall prepare
recommendations to the legislature on methods to accomplish the reasonable
management, care, restoration, and protection of land acquired in fee title or
easement. The commissioner of management
and budget shall submit a report to the chairs of the house of representatives
and senate committees and divisions with jurisdiction over environment and
natural resources finance and cultural and outdoor resources finance by January
15, 2011.
Sec. 11. REPEALER.
Minnesota
Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a, 6a, and
6b, are repealed.
ARTICLE 2
CLEAN WATER
FUND
Section 1. Minnesota Statutes 2008, section 473.1565,
subdivision 2, is amended to read:
Subd. 2. Advisory
committee. (a) A Metropolitan Area
Water Supply Advisory Committee is established to assist the council in its
planning activities in subdivision 1. The
advisory committee has the following membership:
(1) the
commissioner of agriculture or the commissioner's designee;
(2) the
commissioner of health or the commissioner's designee;
(3) the
commissioner of natural resources or the commissioner's designee;
(4) the
commissioner of the Pollution Control Agency or the commissioner's designee;
(5) two
officials of counties that are located in the metropolitan area, appointed by
the governor;
(6) five
officials of noncounty local governmental units that are located in the
metropolitan area, appointed by the governor; and
(7) the
chair of the Metropolitan Council or the chair's designee, who is chair of the
advisory committee; and
(8) one
official each from the counties of Chisago, Isanti, Sherburne, and Wright,
appointed by the governor.
A local
government unit in each of the seven counties in the metropolitan area and
Chisago, Isanti, Sherburne, and Wright Counties must be represented in the seven
11 appointments made under clauses (5), and (6), and
(8).
(b) Members
of the advisory committee appointed by the governor serve at the pleasure of
the governor. Members of the advisory
committee serve without compensation but may be reimbursed for their reasonable
expenses as determined by the Metropolitan Council. The advisory committee expires December 31, 2010
2012.
(c) The
council must consider the work and recommendations of the advisory committee
when the council is preparing its regional development framework.
Sec. 2. Laws 2009, chapter 172, article 2, section 4,
is amended to read:
Sec. 4. POLLUTION
CONTROL AGENCY $24,076,000 $ 27,285,000
27,630,000
(a)
$9,000,000 the first year and $9,000,000 the second year are to develop total
maximum daily load (TMDL) studies and TMDL implementation plans for waters
listed on the United States Environmental Protection Agency approved impaired
waters list in accordance with Minnesota Statutes, chapter 114D. The agency shall complete an average of ten
percent of the TMDLs each year over the biennium. Of this amount, $348,000 the first year is to
retest the comprehensive assessment of the biological conditions of the lower
Minnesota River and its tributaries within the Lower Minnesota River Major
Watershed, as previously assessed from 1976 to 1992 under the Minnesota River
Assessment Project
(MRAP). The assessment must include the same fish
species sampling at the same 116 locations and the same macroinvertebrate
sampling at the same 41 locations as the MRAP assessment. The assessment must:
(1) include
an analysis of the findings; and
(2)
identify factors that limit aquatic life in the Minnesota River.
Of this
amount, $250,000 the first year is for a pilot project for the development of
total maximum daily load (TMDL) studies conducted on a watershed basis within
the Buffalo River watershed in order to protect, enhance, and restore water
quality in lakes, rivers, and streams. The
pilot project shall include all necessary field work to develop TMDL studies
for all impaired subwatersheds within the Buffalo River watershed and provide
information necessary to complete reports for most of the remaining watersheds,
including analysis of water quality data, identification of sources of water
quality degradation and stressors, load allocation development, development of
reports that provide protection plans for subwatersheds that meet water quality
standards, and development of reports that provide information necessary to
complete TMDL studies for subwatersheds that do not meet water quality
standards, but are not listed as impaired.
(b)
$500,000 the first year is for development of an enhanced TMDL database to
manage and track progress. Of this
amount, $63,000 the first year is to promulgate rules. By November 1, 2010, the commissioner shall
submit a report to the chairs of the house of representatives and senate
committees with jurisdiction over environment and natural resources finance on
the outcomes achieved with this appropriation.
(c)
$1,500,000 the first year and $3,169,000 the second year are for grants under
Minnesota Statutes, section 116.195, to political subdivisions for up to 50
percent of the costs to predesign, design, and implement capital projects that
use treated municipal wastewater instead of groundwater from drinking water
aquifers, in order to demonstrate the beneficial use of wastewater, including
the conservation and protection of water resources. Of this amount, $1,000,000 the first year is
for grants to ethanol plants that are within one and one-half miles of a city
for improvements that reuse greater than 300,000 gallons of wastewater per day.
(d) $1,125,000
the first year and $1,125,000 the second year are for groundwater assessment
and drinking water protection to include:
(1) the installation and sampling of at least 30 new monitoring wells;
(2) the
analysis of samples from at least 40 shallow monitoring wells each year for the
presence of endocrine disrupting compounds; and
(3) the
completion of at least four to five groundwater models for TMDL and watershed
plans.
(e)
$2,500,000 the first year is for the clean water partnership program. Priority shall be given to projects
preventing impairments and degradation of lakes, rivers, streams, and
groundwater in accordance with Minnesota Statutes, section 114D.20, subdivision
2, clause (4). Any balance remaining in
the first year does not cancel and is available for the second year.
(f) $896,000
the first year is to establish a network of water monitoring sites, to include
at least 20 additional sites, in public waters adjacent to wastewater treatment
facilities across the state to assess levels of endocrine-disrupting compounds,
antibiotic compounds, and pharmaceuticals as required in this article. The data must be placed on the agency's Web
site.
(g) $155,000
the first year is to provide notification of the potential for coal tar
contamination, establish a storm water pond inventory schedule, and develop
best management practices for treating and cleaning up contaminated sediments
as required in this article. $345,000
$490,000 the second year is to develop a model ordinance for the
restricted use of undiluted coal tar sealants and to provide grants to
local units of government for up to 50 percent of the costs to implement best
management practices to treat or clean up contaminated sediments in storm water
ponds and other waters as defined under this article. Local governments must have adopted an
ordinance for the restricted use of undiluted coal tar sealants in order to be
eligible for a grant, unless a statewide restriction has been implemented. A grant awarded under this paragraph must not
exceed $100,000. Up to $145,000 of the
appropriation in the second year may be used to complete work required under
section 28, paragraph (c).
(h) $350,000
the first year and $400,000 $600,000 the second year are for a
restoration project in the lower St. Louis River and Duluth harbor in order
to improve water quality. This
appropriation must be matched by nonstate money at a rate of at least $2
for every $1 of state money.
(i) $150,000
the first year and $196,000 the second year are for grants to the Red River
Watershed Management Board to enhance and expand existing river watch
activities in the Red River of the North.
The Red River Watershed Management Board shall provide a report that
includes formal evaluation results from the river watch program to the
commissioners of education and the Pollution Control Agency and to the
legislative natural resources finance and policy committees and K-12 finance
and policy committees by February 15, 2011.
(j) $200,000
the first year and $300,000 the second year are for coordination with the state
of Wisconsin and the National Park Service on comprehensive water monitoring
and phosphorus reduction activities in the Lake St. Croix portion of the St. Croix
River. The Pollution Control Agency
shall work with the St. Croix Basin Water Resources Planning Team and the St. Croix
River Association in implementing the water monitoring and phosphorus reduction
activities. This appropriation is
available to the extent matched by nonstate sources. Money not matched by November 15, 2010,
cancels for this purpose and is available for the purposes of paragraph (a).
(k)
$7,500,000 the first year and $7,500,000 the second year are for completion of
20 percent of the needed statewide assessments of surface water quality and
trends. Of this amount, $175,000 the first
year and $200,000 the second year are for monitoring and analyzing endocrine
disruptors in surface waters.
(l) $100,000
the first year and $150,000 the second year are for civic engagement in TMDL
development. The agency shall develop a
plan for expenditures under this paragraph.
The agency shall give consideration to civic engagement proposals from
basin or sub-basin organizations, including the Mississippi Headwaters Board,
the Minnesota River Joint Powers Board, Area II Minnesota River Basin Projects,
and the Red River Basin Commission. By
November 15, 2009, the plan shall be submitted to the house and senate chairs
and ranking minority members of the environmental finance divisions.
(m)
$5,000,000 the second year is for groundwater protection or prevention of
groundwater degradation activities. By
January 15, 2010, the commissioner, in consultation with the commissioner of
natural resources, the Board of Water and Soil Resources, and other agencies,
shall submit a report to the chairs of the house of representatives and senate
committees with jurisdiction over the clean water fund on the intended use of
these funds. The legislature must
approve expenditure of these funds by law.
(n) $100,000 the first year and $100,000 the second year are for grants to
the Star Lake Board established under Minnesota Statutes, section 103B.702. The appropriation is a pilot program to focus
on engaging citizen participation and fostering local partnerships by
increasing citizen involvement in water quality enhancement by designating star
lakes and rivers. The board shall
include information on the results of this pilot program in its next biennial
report under Minnesota Statutes, section 103B.702. The second year grants are available only if
the Board of Water and Soil Resources determines that the money granted in the
first year furthered the water quality goals in the star lakes program in
Minnesota Statutes, section 103B.701. * (The
preceding paragraph beginning "(n) $100,000 the first year" was
indicated as vetoed by the governor.)
Notwithstanding
Minnesota Statutes, section 16A.28, the appropriations encumbered on or before
June 30, 2011, as grants or contracts in this section are available until June
30, 2013.
Sec. 3. CLEAN
WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.
The
appropriations in fiscal years 2011 and 2012 to the Department of Natural
Resources for high-resolution digital elevation data in Laws 2009, chapter 172,
article 2, section 5, paragraph (d), are available until June 30, 2012.
Sec. 4. CLEAN
WATER FUND APPROPRIATIONS.
Subdivision
1. Pollution Control Agency.
$600,000 in fiscal year 2011 is appropriated from the clean water
fund to the commissioner of the Pollution Control Agency to continue rulemaking
to establish water quality standards for total nitrogen and nitrate nitrogen. This is a onetime appropriation.
Subd. 2.
Department of Natural
Resources. The $5,000,000
appropriated in Laws 2009, chapter 172, article 2, section 4,
paragraph (m), for activities relating to groundwater protection or prevention
of groundwater degradation is canceled and $4,000,000 is appropriated in fiscal
year 2011 to the commissioner of natural resources for the following purposes:
(1)
establish a groundwater monitoring network in the 11-county metropolitan area
that monitors non-stressed systems to provide information on aquifer
characteristics and natural water level trends; and
(2) develop
an automated data system to capture groundwater level and water use data to
enhance the evaluation of water resource changes in aquifer systems that are
stressed by pumping of existing wells. This
is a onetime appropriation and is available until spent. The base funding for this program in fiscal
year 2012 is $1,000,000 and $0 in fiscal year 2013.
Sec. 5. APPROPRIATION;
WATER SUPPLY PLANNING ACTIVITIES.
$400,000 is
appropriated in fiscal year 2011 from the clean water fund, pursuant to
Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund
Metropolitan Council water supply planning activities under section 473.1565,
for projects that include, but are not limited to, protection of the Seminary
Fen and Valley Branch Trout Stream; lessening groundwater vulnerability by
mapping glacial aquifers; creation of a comprehensive map of known groundwater
contaminant plumes; and the design of plans that can be used by communities for
reusing storm water. By January 15,
2011, the council shall report to the chairs and ranking minority members of
the legislative committees and divisions that make recommendations for
appropriations from the clean water fund on the outcomes of the council's water
supply planning activities. This
appropriation is onetime and available until expended.
Sec. 6. APPROPRIATIONS;
BOARD OF WATER AND SOIL RESOURCES.
(a) $100,000
in fiscal year 2011 is appropriated from the clean water fund to the Board of
Water and Soil Resources for the purpose of establishing a micro-grants pilot
program to engage citizen volunteers and to match private sector resources to
complete projects with long-term water quality restoration or protection
benefits for Minnesota lakes and rivers.
(b)
$400,000 in fiscal year 2011 is appropriated from the clean water fund to the
Board of Water and Soil Resources to purchase and restore permanent conservation
easements on riparian buffers of up to 120 feet adjacent to public waters,
excluding wetlands, to keep water on the land in order to decrease sediment,
pollutant, and nutrient transport, reduce hydrologic impacts to surface waters,
and increase infiltration for groundwater recharge. The riparian buffers must be at least 50 feet
unless there is a natural impediment, a road, or other impediment beyond the
control of
the landowner. This appropriation may be
used for restoration of riparian buffers protected by easements purchased with
this appropriation and for stream bank restorations when the riparian buffers
have been restored. Up to five percent
may be used for administration of this program and up to five percent may be
used for technical design, construction, and project oversight.
(c)
$400,000 in fiscal year 2011 is appropriated from the clean water fund to the
Board of Water and Soil Resources for grants to watershed districts and
watershed management organizations for: (1)
structural or vegetative management practices that reduce storm water runoff
from developed or disturbed lands to reduce the movement of sediment,
nutrients, and pollutants or to leverage federal funds for restoration,
protection, or enhancement of water quality in lakes, rivers, and streams and
to protect groundwater and drinking water; and (2) the installation of proven
and effective water retention practices including, but not limited to, rain
gardens and other vegetated infiltration basins and sediment control basins in
order to keep water on the land. The
projects must be of long-lasting public benefit, include a local match, and be
consistent with TMDL implementation plans or local water management plans. Watershed district and watershed management
organization staff and administration may be used for the local match. Priority may be given to school projects that
can be used to demonstrate water retention practices. Up to five percent may be used for
administering the grants and up to five percent may be used for technical
design, construction, and project oversight.
(d)
$300,000 in fiscal year 2011 is appropriated from the clean water fund to the
Board of Water and Soil Resources for permanent conservation easements on
wellhead protection areas under Minnesota Statutes, section 103F.515,
subdivision 2, paragraph (d). Priority
must be placed on land that is located where the vulnerability of the drinking
water supply management area, as defined under Minnesota Rules, part 4720.5100,
subpart 13, is designated as high or very high by the commissioner of health. Up to five percent may be used for
administration of this program and up to five percent may be used for technical
design, construction, and project oversight.
(e) The
appropriations in fiscal year 2011 to the Board of Water and Soil Resources in
Laws 2009, chapter 172, article 2, section 6, are available until June 30,
2012, and, unless otherwise specified, may utilize up to five percent for
administration of grant and easement programs and up to five percent for
technical design, construction, and project oversight.
ARTICLE 3
GENERAL
PROVISIONS
Section 1. Minnesota Statutes 2008, section 3.9741, is
amended by adding a subdivision to read:
Subd. 3. Legacy
funds. The outdoor heritage
fund, the clean water fund, the parks and trails fund, and the arts and
cultural heritage fund must each reimburse the general fund, in the manner
prescribed in section 16A.127, for costs incurred by the legislative auditor in
examining financial activities relating to each fund.
Sec. 2. Minnesota Statutes 2009 Supplement, section
85.53, subdivision 2, is amended to read:
Subd. 2. Expenditures;
accountability. (a) A project or
program receiving funding from the parks and trails fund must meet or exceed
the constitutional requirement to support parks and trails of regional or
statewide significance. A project or
program receiving funding from the parks and trails fund must include
measurable outcomes, as defined in section 3.303, subdivision 10, and a plan
for measuring and evaluating the results.
A project or program must be consistent with current science and
incorporate state-of-the-art technology, except when the project or program is
a portrayal or restoration of historical significance.
(b) Money
from the parks and trails fund shall be expended to balance the benefits across
all regions and residents of the state.
(c) All
information for funded projects, including the proposed measurable outcomes,
must be made available on the Web site required under section 3.303,
subdivision 10, as soon as practicable. Information
on the measured outcomes and evaluation must be posted as soon as it becomes
available.
(d) Grants
funded by the parks and trails fund must be implemented according to section
16B.98 and must account for all expenditures.
Proposals must specify a process for any regranting envisioned. Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(e) A
recipient of money from the parks and trails fund must display a sign on lands
and capital improvements purchased, restored, or protected with money from the
parks and trails fund that includes the logo developed by the commissioner of
natural resources to identify it as a project funded with money from the vote
of the people of Minnesota on November 4, 2008.
(f) Money from
the parks and trails fund may only be spent on projects located in Minnesota.
Sec. 3. Minnesota Statutes 2009 Supplement, section
129D.17, subdivision 2, is amended to read:
Subd. 2. Expenditures;
accountability. (a) Funding from the
arts and cultural heritage fund may be spent only for arts, arts education, and
arts access, and to preserve Minnesota's history and cultural heritage. A project or program receiving funding from
the arts and cultural heritage fund must include measurable outcomes, and a
plan for measuring and evaluating the results.
A project or program must be consistent with current scholarship, or
best practices, when appropriate and incorporate state-of-the-art technology
when appropriate.
(b) Funding
from the arts and cultural heritage fund may be granted for an entire project
or for part of a project so long as the recipient provides a description and
cost for the entire project and can demonstrate that it has adequate resources
to ensure that the entire project will be completed.
(c) Money
from the arts and cultural heritage fund shall be expended for benefits across
all regions and residents of the state.
(d) All
information for funded projects, including the proposed measurable outcomes,
must be made available on the Legislative Coordinating Commission Web site, as
soon as practicable. Information on the
measured outcomes and evaluation must be posted as soon as it becomes
available.
(e) Grants
funded by the arts and cultural heritage fund must be implemented according to
section 16B.98 and must account for all expenditures of funds. Priority for grant proposals must be given to
proposals involving grants that will be competitively awarded.
(f) A
recipient of money from the arts and cultural heritage fund must display a sign
on capital projects during construction and an acknowledgment in a printed
program or other material funded with money from the arts and cultural heritage
fund that identifies it as a project funded with money from the vote of the
people of Minnesota on November 4, 2008.
(g) All money
from the arts and cultural heritage fund must be for projects located in
Minnesota.
Sec. 4. Laws 2009, chapter 172, article 5, section 8,
is amended to read:
Sec. 8. LEGISLATIVE
COMMITTEE GUIDE.
A legislative
committee guide shall be recommended may be developed by the
house of representatives committee with jurisdiction over cultural and outdoor
resources expenditures stating principles for the use and expected outcomes
of all funds from dedicated sales taxes pursuant to the Minnesota Constitution,
article XI, section 15. The guide
shall include principles for managing future state obligations, including
payment in lieu of taxes and
land
management and monitoring necessary for lands acquired in fee or easement. This guide shall be recommended jointly by
the Cultural and Outdoor Resources Division of the house of representatives,
the appropriate senate committees as designated by the majority leader of the
senate, and the Lessard Outdoor Heritage Council. The recommendations must be presented to the
legislature by January 15, 2010, and acted on by the legislature.
The
legislative guide required by this section shall be for the years 2010 to 2015
and shall include the following provisions:
(1)
principles by which to guide future expenditures for each fund;
(2) desired
outcomes for the expenditures;
(3) a
general statement applicable to later years for these funds; and
(4)
consideration of financial methods such as revolving loan funds that may be
used in future appropriations.
Sec. 5. Laws 2009, chapter 172, article 5, section
10, is amended to read:
Sec. 10. LOGO.
(a) By
September 1, 2010, the Minnesota Board of the Arts, in consultation
with the Department of Natural Resources, shall sponsor a contest for
selecting the design of a logo to use on signage for projects receiving money
from the outdoor heritage fund, clean water fund, parks and trails fund, and
the arts and cultural heritage fund. If,
by September 15, 2010, the Minnesota Board of the Arts has not selected a logo
design, the Department of Natural Resources shall assume the task of sponsoring
the logo contest and design selection solely.
(b) A
recipient of funds from the outdoor heritage fund, parks and trails fund, clean
water fund, or arts and cultural heritage fund shall display, where
practicable, a sign with the logo developed under this section on construction
projects and at access points to any land or water resources acquired in fee or
an interest in less than fee title, or that were restored, protected, or
enhanced, and incorporate the logo, where practicable, into printed and other
materials funded with money from one or more of the funds.
Sec. 6. FUNDS
CARRYOVER.
Unless
otherwise provided, the amounts appropriated in Laws 2009, chapter 172, are
available until June 30, 2011.
For acquisition of an interest in real property, the amounts in Laws
2009, chapter 172, are available until June 30, 2012. If a project receives federal funds, the time
period of the appropriation is extended to equal the availability of federal
funding.
Sec. 7. PARKS.
The
Minneapolis Park and Recreation Board may acquire all or part of the entire
property known as the Scherer Brothers Lumber Yard for a metropolitan area
regional park and may allocate any future appropriations to the board from the
parks and trails fund to acquire the property.
EFFECTIVE DATE. This
section is effective the day after the Minneapolis Park Board timely completes
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 8. USE
OF CARRYFORWARD.
The
restrictions in Minnesota Statutes, section 16A.281, on the use of money
carried forward from one biennium to another shall not apply to money the
legislative auditor carried forward from the previous biennium for use in
fiscal years 2010 and 2011. The
legislative auditor may use the carry forward money for costs related to the
conduct of audits related to funds authorized in the Minnesota Constitution,
Article XI, section 15.
Sec. 9. REPEALER.
Laws 2009,
chapter 172, article 5, section 9, is repealed.
ARTICLE 4
ENVIRONMENT
AND NATURAL RESOURCES
Section 1. Minnesota Statutes 2008, section 84.025,
subdivision 9, is amended to read:
Subd. 9. Professional
services support account. The
commissioner of natural resources may bill other governmental units,
including tribal governments, and the various programs carried out by the
commissioner for the costs of providing them with professional support services. Except as provided under section 89.421,
receipts must be credited to a special account in the state treasury and are
appropriated to the commissioner to pay the costs for which the billings were
made.
The
commissioner of natural resources shall submit to the commissioner of
management and budget before the start of each fiscal year a work plan showing
the estimated work to be done during the coming year, the estimated cost of
doing the work, and the positions and fees that will be necessary. This account is exempted from statewide and
agency indirect cost payments.
Sec. 2. Minnesota Statutes 2008, section 84.027,
subdivision 15, is amended to read:
Subd. 15. Electronic
transactions. (a) The commissioner
may receive an application for, sell, and issue any license, stamp, permit,
pass, sticker, duplicate gift card, safety training
certification, registration, or transfer under the jurisdiction of the
commissioner by electronic means, including by telephone. Notwithstanding section 97A.472, electronic
and telephone transactions may be made outside of the state. The commissioner may:
(1) provide
for the electronic transfer of funds generated by electronic transactions,
including by telephone;
(2) assign
an identification number to an applicant who purchases a hunting or fishing
license or recreational vehicle registration by electronic means, to serve as
temporary authorization to engage in the activity requiring a license or
registration until the license or registration is received or expires;
(3) charge
and permit agents to charge a fee of individuals who make electronic
transactions and transactions by telephone or Internet, including issuing fees
and an additional transaction fee not to exceed $3.50;
(4) charge
and permit agents to charge a convenience fee not to exceed three percent of
the cost of the license to individuals who use electronic bank cards for
payment. An electronic licensing system
agent charging a fee of individuals making an electronic bank card transaction
in person must post a sign informing individuals of the fee. The sign must be near the point of payment,
clearly visible, include the amount of the fee, and state: "License agents are allowed by state law
to charge a fee not to exceed three percent of the cost of state licenses to
persons who use electronic bank cards for payment. The fee is not required by state law.";
(5)
establish, by written order, an electronic licensing system commission to be
paid by revenues generated from all sales made through the electronic licensing
system. The commissioner shall establish
the commission in a manner that neither significantly overrecovers nor
underrecovers costs involved in providing the electronic licensing system; and
(6) adopt
rules to administer the provisions of this subdivision.
(b) The
fees established under paragraph (a), clauses (3) and (4), and the commission
established under paragraph (a), clause (5), are not subject to the rulemaking
procedures of chapter 14 and section 14.386 does not apply.
(c) Money
received from fees and commissions collected under this subdivision, including
interest earned, is annually appropriated from the game and fish fund and the
natural resources fund to the commissioner for the cost of electronic licensing.
Sec. 3. Minnesota Statutes 2008, section 84.0856, is
amended to read:
84.0856 FLEET MANAGEMENT ACCOUNT.
The
commissioner of natural resources may bill organizational units within the
Department of Natural Resources and other governmental units, including
tribal governments, for the costs of providing them with equipment. Costs billed may include acquisition,
licensing, insurance, maintenance, repair, and other direct costs as determined
by the commissioner. Receipts and
interest earned on the receipts shall be credited to a special account in the
state treasury and are appropriated to the commissioner to pay the costs for
which the billings were made.
Sec. 4. Minnesota Statutes 2008, section 84.0857, is
amended to read:
84.0857 FACILITIES MANAGEMENT ACCOUNT.
(a) The
commissioner of natural resources may bill organizational units within the
Department of Natural Resources and other governmental units, including
tribal governments, for the costs of providing them with building and
infrastructure facilities. Costs billed
may include modifications and adaptations to allow for appropriate building
occupancy, building code compliance, insurance, utility services, maintenance,
repair, and other direct costs as determined by the commissioner. Receipts shall be credited to a special
account in the state treasury and are appropriated to the commissioner to pay
the costs for which the billings were made.
(b) Money
deposited in the special account from the proceeds of a sale under section
94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to
acquire facilities or renovate existing buildings for administrative use or to
acquire land for, design, and construct administrative buildings for the
Department of Natural Resources.
Sec. 5. Minnesota Statutes 2008, section 84.415, is
amended by adding a subdivision to read:
Subd. 3a. Joint
applications for residential use. An
application for a utility license may cover more than one type of utility if
the utility lines are being installed for residential use only. Separate applications submitted by utilities
for the same crossing shall be joined together and processed as one
application, provided that the applications are submitted within one year of
each other and the utility lines are for residential use only. The application fees for a joint application
or separate applications subsequently joined together shall be as if only one
application was submitted.
Sec. 6. Minnesota Statutes 2009 Supplement, section
84.415, subdivision 6, is amended to read:
Subd. 6. Supplemental
application fee and monitoring fee. (a)
In addition to the application fee and utility crossing fees specified in
Minnesota Rules, the commissioner of natural resources shall assess the
applicant for a utility license the following fees:
(1) a
supplemental application fee of $1,500 $1,750 for a public water
crossing license and a supplemental application fee of $4,500 $3,000
for a public lands crossing license, to cover reasonable costs for reviewing
the application and preparing the license; and
(2) a
monitoring fee to cover the projected reasonable costs for monitoring the
construction of the utility line and preparing special terms and conditions of
the license to ensure proper construction.
The commissioner must give the applicant an estimate of the monitoring
fee before the applicant submits the fee.
(b) The
applicant shall pay fees under this subdivision to the commissioner of natural
resources. The commissioner shall not issue
the license until the applicant has paid all fees in full.
(c) Upon
completion of construction of the improvement for which the license or permit
was issued, the commissioner shall refund the unobligated balance from the
monitoring fee revenue. The commissioner
shall not return the application fees, even if the application is withdrawn or
denied.
(d) If the
fees collected under paragraph (a), clause (1), are not sufficient to cover the
costs of reviewing the applications and preparing the licenses, the
commissioner shall improve efficiencies and otherwise reduce department costs
and activities to ensure the revenues raised under paragraph (a), clause (1),
are sufficient, and that no other funds are necessary to carry out the
requirements.
Sec. 7. Minnesota Statutes 2008, section 84.777,
subdivision 2, is amended to read:
Subd. 2. Off-highway
vehicle seasons seasonal restrictions. (a) The commissioner shall prescribe
seasons for off-highway vehicle use on state forest lands. Except for designated forest roads, a person
must not operate an off-highway vehicle on state forest lands: (1) outside of the seasons prescribed
under this paragraph; or (2) during the firearms deer hunting season in
areas of the state where deer may be taken by rifle. This paragraph does not apply to a person in
possession of a valid deer hunting license operating an off-highway vehicle
before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The
commissioner may designate and post winter trails on state forest lands for use
by off-highway vehicles.
(c) For the
purposes of this subdivision, "state forest lands" means forest lands
under the authority of the commissioner as defined in section 89.001,
subdivision 13, and lands managed by the commissioner under section 282.011.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2008, section 84.788,
subdivision 2, is amended to read:
Subd. 2. Exemptions. Registration is not required for
off-highway motorcycles:
(1) owned
and used by the United States, an Indian tribal government, the state,
another state, or a political subdivision;
(2) registered in another state or country that have not been within
this state for more than 30 consecutive days; or
(3)
registered under chapter 168, when operated on forest roads to gain access to a
state forest campground.
Sec. 9. Minnesota Statutes 2009 Supplement, section
84.793, subdivision 1, is amended to read:
Subdivision
1. Prohibitions
on youthful operators. (a) After
January 1, 1995, A person less than 16 years of age operating an
off-highway motorcycle on public lands or waters must possess a valid
off-highway motorcycle safety certificate issued by the commissioner.
(b) Except
for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state
is required to operate an off-highway motorcycle along or on a public road
right-of-way.
(c) A
person under 12 years of age may not:
(1) make a
direct crossing of a public road right-of-way;
(2) operate
an off-highway motorcycle on a public road right-of-way in the state; or
(3) operate
an off-highway motorcycle on public lands or waters unless accompanied by a
person 18 years of age or older or participating in an event for which the
commissioner has issued a special use permit.
(d) Except
for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a
trunk, county state-aid, or county highway only if that person is accompanied
by a person 18 years of age or older who holds a valid driver's license.
(e) A
person less than 16 years of age may operate an off-highway motorcycle on public
road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied by a person 18 years of age or older
who holds a valid driver's license.
(f)
Notwithstanding paragraph (a), a nonresident less than 16 years of age may
operate an off-highway motorcycle on public lands or waters if the nonresident
youth has in possession evidence of completing an off-road safety course
offered by the Motorcycle Safety Foundation or another state as provided in
section 84.791, subdivision 4.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. Minnesota Statutes 2008, section 84.798,
subdivision 2, is amended to read:
Subd. 2. Exemptions. Registration is not required for an off-road
vehicle that is:
(1) owned
and used by the United States, an Indian tribal government, the state,
another state, or a political subdivision; or
(2)
registered in another state or country and has not been in this state for more
than 30 consecutive days.
Sec. 11. Minnesota Statutes 2008, section 84.82,
subdivision 3, is amended to read:
Subd. 3. Fees
for registration. (a) The fee for
registration of each snowmobile, other than those used for an agricultural
purpose, as defined in section 84.92, subdivision 1c, or those registered by a
dealer or manufacturer pursuant to clause (b) or (c) shall be as follows: $45 for three years and $4 for a duplicate or
transfer.
(b) The
total registration fee for all snowmobiles owned by a dealer and operated for
demonstration or testing purposes shall be $50 per year.
(c) The
total registration fee for all snowmobiles owned by a manufacturer and operated
for research, testing, experimentation, or demonstration purposes shall be $150
per year. Dealer and manufacturer
registrations are not transferable.
(d) The
onetime fee for registration of an exempt snowmobile under subdivision 6a is
$6.
Sec. 12. Minnesota Statutes 2008, section 84.82,
subdivision 6, is amended to read:
Subd. 6. Exemptions.
Registration is not required under
this section for:
(1) a
snowmobile owned and used by the United States, an Indian tribal government,
another state, or a political subdivision thereof;
(2) a
snowmobile registered in a country other than the United States temporarily
used within this state;
(3) a
snowmobile that is covered by a valid license of another state and has not been
within this state for more than 30 consecutive days;
(4) a
snowmobile used exclusively in organized track racing events;
(5) a snowmobile
in transit by a manufacturer, distributor, or dealer;
(6) a
snowmobile at least 15 years old in transit by an individual for use only on
land owned or leased by the individual; or
(7) a
snowmobile while being used to groom a state or grant-in-aid trail.
Sec. 13. Minnesota Statutes 2008, section 84.82, is
amended by adding a subdivision to read:
Subd. 6a. Exemption;
collector unlimited snowmobile use. Snowmobiles
may be issued an exempt registration if the machine is at least 25 years old. Exempt registration is valid from the date of
issuance until ownership of the snowmobile is transferred. Exempt registrations are not transferable.
Sec. 14. Minnesota Statutes 2008, section 84.8205,
subdivision 1, is amended to read:
Subdivision
1. Sticker
required; fee. (a) Except as
provided in paragraph (b), a person may not operate a snowmobile on a state or
grant-in-aid snowmobile trail unless a snowmobile state trail sticker is
affixed to the snowmobile. The
commissioner of natural resources shall issue a sticker upon application and
payment of a $15 fee. The fee for a three-year snowmobile state trail
sticker that is purchased at the time of snowmobile registration is $30. In addition to other penalties prescribed by
law, a person in violation of this subdivision must purchase an annual state
trail sticker for a fee of $30. The
sticker is valid from November 1 through June 30. Fees collected under this section, except for
the issuing fee for licensing agents, shall be deposited in the state treasury
and credited to the snowmobile trails and enforcement account in the natural
resources fund and, except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, must be
used for grants‑in-aid, trail maintenance, grooming, and easement
acquisition.
(b) A state
trail sticker is not required under this section for:
(1) a
snowmobile owned by the state or a political subdivision of the state that is
registered under section 84.82, subdivision 5;
(2) a
snowmobile that is owned and used by the United States, an Indian tribal
government, another state, or a political subdivision thereof that is
exempt from registration under section 84.82, subdivision 6;
(3) a
collector snowmobile that is operated as provided in a special permit issued
for the collector snowmobile under section 84.82, subdivision 7a;
(4) a
person operating a snowmobile only on the portion of a trail that is owned by
the person or the person's spouse, child, or parent; or
(5) a
snowmobile while being used to groom a state or grant-in-aid trail.
(c) A
temporary registration permit issued by a dealer under section 84.82,
subdivision 2, may include a snowmobile state trail sticker if the trail
sticker fee is included with the registration application fee.
Sec. 15. Minnesota Statutes 2008, section 84.92,
subdivision 9, is amended to read:
Subd. 9. Class
1 all-terrain vehicle. "Class 1
all-terrain vehicle" means an all-terrain vehicle that has a total dry
weight of less than 900 1,000 pounds.
Sec. 16. Minnesota Statutes 2008, section 84.92,
subdivision 10, is amended to read:
Subd. 10. Class
2 all-terrain vehicle. "Class 2
all-terrain vehicle" means an all-terrain vehicle that has a total dry
weight of 900 1,000 to 1,500 1,800 pounds.
Sec. 17. Minnesota Statutes 2009 Supplement, section
84.922, subdivision 1a, is amended to read:
Subd. 1a. Exemptions. All-terrain vehicles exempt from
registration are:
(1)
vehicles owned and used by the United States, an Indian tribal government,
the state, another state, or a political subdivision;
(2) vehicles registered in another state or country that have not been
in this state for more than 30 consecutive days;
(3)
vehicles that:
(i) are
owned by a resident of another state or country that does not require
registration of all-terrain vehicles;
(ii) have
not been in this state for more than 30 consecutive days; and
(iii) are
operated on state and grant-in-aid trails by a nonresident possessing a
nonresident all-terrain vehicle state trail pass;
(4)
vehicles used exclusively in organized track racing events; and
(5)
vehicles that are 25 years old or older and were originally produced as a
separate identifiable make by a manufacturer.
Sec. 18. Minnesota Statutes 2008, section 84.922, is
amended by adding a subdivision to read:
Subd. 2b. Collector
unlimited use; exempt registration. All-terrain
vehicles may be issued an exempt registration if requested and the machine is
at least 25 years old. Exempt
registration is valid from the date of issuance until ownership of the
all-terrain vehicle is transferred. Exempt
registrations are not transferable.
Sec. 19. Minnesota Statutes 2008, section 84.922,
subdivision 5, is amended to read:
Subd. 5. Fees
for registration. (a) The fee for a
three-year registration of an all-terrain vehicle under this section, other
than those registered by a dealer or manufacturer under paragraph (b) or (c),
is:
(1) for
public use, $45;
(2) for
private use, $6; and
(3) for a
duplicate or transfer, $4.
(b) The
total registration fee for all-terrain vehicles owned by a dealer and operated
for demonstration or testing purposes is $50 per year. Dealer registrations are not transferable.
(c) The
total registration fee for all-terrain vehicles owned by a manufacturer and
operated for research, testing, experimentation, or demonstration purposes is
$150 per year. Manufacturer
registrations are not transferable.
(d) The
onetime fee for registration of an all-terrain vehicle under subdivision 2b is
$6.
(e) The fees
collected under this subdivision must be credited to the all-terrain vehicle
account.
Sec. 20. Minnesota Statutes 2008, section 84.925,
subdivision 1, is amended to read:
Subdivision
1. Program
established. (a) The commissioner
shall establish a comprehensive all-terrain vehicle environmental and safety
education and training program, including the preparation and dissemination of
vehicle information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain vehicle safety
certificates to vehicle operators over the age of 12 years who successfully
complete the all-terrain vehicle environmental and safety education and
training course.
(b) For the
purpose of administering the program and to defray a portion of the expenses of
training and certifying vehicle operators, the commissioner shall collect a fee
of $15 from each person who receives the training. The commissioner shall collect a fee, to
include a $1 issuing fee for licensing agents, for issuing a duplicate
all-terrain vehicle safety certificate. The
commissioner shall establish the fee for a duplicate all-terrain vehicle safety
certificate that neither significantly overrecovers nor underrecovers costs,
including overhead costs, involved in providing the service. Fee proceeds, except for the issuing fee for
licensing agents under this subdivision, shall be deposited in the all-terrain
vehicle account in the natural resources fund.
In addition to the fee established by the commissioner, instructors may
charge each person the cost of up to the established fee amount for
class material materials and expenses.
(c) The
commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of
the program established under this section.
School districts may cooperate with the commissioner and volunteer
instructors to provide space for the classroom portion of the training. The commissioner shall consult with the
commissioner of public safety in regard to training program subject matter and
performance testing that leads to the certification of vehicle operators. By June 30, 2003, the commissioner shall
incorporate a riding component in the safety education and training program.
Sec. 21. Minnesota Statutes 2008, section 84.9256,
subdivision 1, is amended to read:
Subdivision
1. Prohibitions
on youthful operators. (a) Except
for operation on public road rights-of-way that is permitted under section
84.928, a driver's license issued by the state or another state is required to
operate an all-terrain vehicle along or on a public road right-of-way.
(b) A
person under 12 years of age shall not:
(1) make a
direct crossing of a public road right-of-way;
(2) operate
an all-terrain vehicle on a public road right-of-way in the state; or
(3) operate
an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).
(c) Except
for public road rights-of-way of interstate highways, a person 12 years of age
but less than 16 years may make a direct crossing of a public road right-of-way
of a trunk, county state-aid, or county highway or operate on public lands and
waters or state or grant-in-aid trails, only if that person possesses a valid
all-terrain vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years of age
or older who holds a valid driver's license.
(d) To be issued an all-terrain vehicle safety certificate, a person at
least 12 years old, but less than 16 years old, must:
(1)
successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and
(2) be able
to properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.
(e) A
person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under
paragraph (d), but the certificate is not valid until the person reaches age
12.
(f) A
person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or
waters if accompanied by a parent or legal guardian.
(g) A
person under 15 years of age shall not operate a class 2 all-terrain vehicle.
(h) A
person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot
properly reach and control the handle bars and reach the foot pegs while
sitting upright on the seat of the all-terrain vehicle.
(i)
Notwithstanding paragraph (c), a nonresident at least 12 years old, but less
than 16 years old, may make a direct crossing of a public road right-of-way of
a trunk, county state-aid, or county highway or operate an all-terrain vehicle
on public lands and waters or state or grant-in-aid trails if:
(1) the
nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided
in section 84.925, subdivision 3; and
(2) the
nonresident youth is accompanied by a person 18 years of age or older who holds
a valid driver's license.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2009 Supplement, section
84.9275, subdivision 1, is amended to read:
Subdivision
1. Pass
required; fee. (a) A nonresident may
not operate an all-terrain vehicle on a state or grant-in-aid all-terrain
vehicle trail unless the operator carries a valid nonresident all-terrain
vehicle state trail pass in immediate possession. The pass must be available for inspection by
a peace officer, a conservation officer, or an employee designated under
section 84.0835.
(b) The
commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid
from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents,
shall be deposited in the state treasury and credited to the all-terrain
vehicle account in the natural resources fund and, except for the electronic licensing
system commission established by the commissioner under section 84.027,
subdivision 15, must be used for grants-in-aid to counties and municipalities
for all-terrain vehicle organizations to construct and maintain all-terrain
vehicle trails and use areas.
(c) A
nonresident all-terrain vehicle state trail pass is not required for:
(1) an
all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under
section 84.922, subdivision 1a; or
(2) a
person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent.; or
(3) a
nonresident operating an all-terrain vehicle that is registered according to
section 84.922.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2009 Supplement, section
84.928, subdivision 1, is amended to read:
Subdivision
1. Operation
on roads and rights-of-way. (a)
Unless otherwise allowed in sections 84.92 to 84.928, a person shall not
operate an all-terrain vehicle in this state along or on the roadway, shoulder,
or inside bank or slope of a public road right-of-way of a trunk, county
state-aid, or county highway.
(b) A
person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited
under paragraph (d) or (f).
(c) A
person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway on the extreme right-hand
side of the road and left turns may be made from any part of the road if it is
safe to do so under the prevailing conditions, unless prohibited under paragraph
(d) or (f). A person may operate a class
2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.
(d) A road
authority as defined under section 160.02, subdivision 25, may after a public
hearing restrict the use of all-terrain vehicles in the public road
right-of-way under its jurisdiction.
(e) The
restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the
operation of an all-terrain vehicle on the shoulder, inside bank or slope,
ditch, or outside bank or slope of a trunk, interstate, county state-aid, or
county highway:
(1) that is
part of a funded grant-in-aid trail; or
(2) when the
all-terrain vehicle is:
(1) owned by
or operated under contract with a publicly or privately owned utility or
pipeline company; and
(2) used for
work on utilities or pipelines.
(f) The
commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1)
degradation of vegetation on adjacent public property;
(2)
siltation of waters of the state;
(3)
impairment or enhancement to the act of taking game; or
(4) a
threat to safety of the right-of-way users or to individuals on adjacent public
property.
The
commissioner must notify the road authority as soon as it is known that a
closure will be ordered. The notice must
state the reasons and duration of the closure.
(g) A
person may operate an all-terrain vehicle registered for private use and used
for agricultural purposes on a public road right-of-way of a trunk, county
state-aid, or county highway in this state if the all-terrain vehicle is
operated on the extreme right-hand side of the road, and left turns may be made
from any part of the road if it is safe to do so under the prevailing
conditions.
(h) A
person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to
August 1 in the agricultural zone unless the vehicle is being used exclusively
as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or
employee of a road authority, as defined in section 160.02, subdivision 25, or
the Department of Natural Resources when performing or exercising official
duties or powers.
(i) A
person shall not operate an all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway between the hours
of one-half hour after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as the highway
traffic on the nearest lane of the adjacent roadway.
(j) A
person shall not operate an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 24. 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.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2008, section 84D.10, is
amended by adding a subdivision to read:
Subd. 4. Persons
leaving public waters. (a) A
person leaving waters of the state must drain boating-related equipment holding
water and live wells and bilges by removing the drain plug before transporting
the watercraft and associated equipment on public roads. Drain plugs, bailers, valves, or other
devices used to control the draining of water from ballast tanks, bilges, and
live wells must be removed or opened while transporting watercraft on a public
road. Marine sanitary systems and
portable bait containers are excluded from this requirement. A person must not dispose of bait in waters
of the state.
(b) The
commissioner shall report, by January 15 of each odd-numbered year, to the
chairs and ranking minority members of the house of representatives and senate
committees and divisions having jurisdiction over water resources policy and
finance. The report shall advise the
legislature on additional measures to protect state water resources from human
transport of invasive species.
Sec. 26. Minnesota Statutes 2008, section 84D.13,
subdivision 5, is amended to read:
Subd. 5. Civil
penalties. A civil citation issued
under this section must impose the following penalty amounts:
(1) for
transporting aquatic macrophytes on a forest road as defined by section 89.001,
subdivision 14, road or highway as defined by section 160.02, subdivision 26,
or any other public road, $50;
(2) for
placing or attempting to place into waters of the state a watercraft, a
trailer, or aquatic plant harvesting equipment that has aquatic macrophytes
attached, $100;
(3) for unlawfully possessing or transporting a prohibited invasive
species other than an aquatic macrophyte, $250;
(4) for
placing or attempting to place into waters of the state a watercraft, a
trailer, or aquatic plant harvesting equipment that has prohibited invasive
species attached when the waters are not designated by the commissioner as
being infested with that invasive species, $500 for the first offense and
$1,000 for each subsequent offense;
(5) for
intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;
(6) for
failing to drain water, as required by rule, for infested waters and from
watercraft and equipment, other than marine sanitary systems and portable
bait containers before leaving designated zebra mussel, spiny water
flea, or other invasive plankton infested waters of the state, $50;
and
(7) for
transporting infested water off riparian property without a permit as required
by rule, $200.
Sec. 27. Minnesota Statutes 2009 Supplement, section
85.015, subdivision 13, is amended to read:
Subd. 13. Arrowhead
Region Trails, in Cook, Lake, St. Louis, Pine, Carlton, Koochiching, and
Itasca Counties. (a)(1) The Taconite
Trail shall originate at Ely in St. Louis County and extend southwesterly
to Tower in St. Louis County, thence westerly to McCarthy Beach State Park
in St. Louis County, thence southwesterly to Grand Rapids in Itasca County
and there terminate;
(2) The C.
J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County
and extend northeasterly to Two Harbors in Lake County, thence northeasterly to
Grand Marais in Cook County, thence northeasterly to the international boundary
in the vicinity of the north shore of Lake Superior, and there terminate;
(3) The
Grand Marais to International Falls Trail shall originate in Grand Marais in
Cook County and extend northwesterly, outside of the Boundary Waters Canoe
Area, to Ely in St. Louis County, thence southwesterly along the route of
the Taconite Trail to Tower in St. Louis County, thence northwesterly
through the Pelican Lake area in St. Louis County to International Falls
in Koochiching County, and there terminate;
(4) The
Matthew Lourey Trail shall originate in Duluth in St. Louis County and
extend southerly to St. Croix State Forest in Pine County.
(b) The
trails shall be developed primarily for riding and hiking.
(c) In
addition to the authority granted in subdivision 1, lands and interests in
lands for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring any land or interest in land
by eminent domain the commissioner of administration shall obtain the approval
of the governor. The governor shall
consult with the Legislative Advisory Commission before granting approval. Recommendations of the Legislative Advisory
Commission shall be advisory only. Failure
or refusal of the commission to make a recommendation shall be deemed a
negative recommendation.
Sec. 28. Minnesota Statutes 2008, section 85.015,
subdivision 14, is amended to read:
Subd. 14. Willard
Munger Trail System, Chisago, Ramsey, Pine, St. Louis, Carlton, and
Washington Counties. (a) The trail
shall consist of six segments. One
segment shall be known as the Gateway Trail and shall originate at the State
Capitol and extend northerly and northeasterly to William O'Brien State Park,
thence northerly to Taylors Falls in Chisago County. One segment shall be known as the Boundary
Trail and shall originate in Chisago County and extend into Duluth in St. Louis
Hinckley in Pine County. One
segment shall be known as the Browns Creek Trail and shall originate at Duluth
Junction and extend into Stillwater in Washington County. One segment shall be known as the Munger
Trail and shall originate at Hinckley in Pine County and extend through Moose
Lake in Carlton County to Duluth in St. Louis County. One segment shall be known as the Alex Laveau
Trail and shall originate in Carlton County at Carlton and extend through
Wrenshall to the Minnesota-Wisconsin border.
One segment shall be established that extends the trail to include the
cities of Proctor, Duluth, and Hermantown in St. Louis County.
(b) The
Gateway and Browns Creek Trails shall be developed primarily for hiking and
nonmotorized riding and the remaining trails shall be developed primarily for
riding and hiking.
(c) In
addition to the authority granted in subdivision 1, lands and interests in
lands for the Gateway and Browns Creek Trails may be acquired by eminent
domain.
Sec. 29. Minnesota Statutes 2008, section 85.052,
subdivision 4, is amended to read:
Subd. 4. Deposit
of fees. (a) Fees paid for providing
contracted products and services within a state park, state recreation area, or
wayside, and for special state park uses under this section shall be deposited
in the natural resources fund and credited to a state parks account.
(b) Gross
receipts derived from sales, rentals, or leases of natural resources within
state parks, recreation areas, and waysides, other than those on trust fund
lands, must be deposited in the state treasury and credited to the general
fund state parks working capital account. The appropriation under section 85.22 for
revenue deposited in this section is limited to $25,000 per fiscal year.
(c)
Notwithstanding paragraph (b), the gross receipts from the sale of stockpile
materials, aggregate, or other earth materials from the Iron Range Off-Highway
Vehicle Recreation Area shall be deposited in the dedicated accounts in the
natural resources fund from which the purchase of the stockpile material was
made.
EFFECTIVE DATE. This
section is effective July 1, 2011.
Sec. 30. Minnesota Statutes 2009 Supplement, section
85.053, subdivision 10, is amended to read:
Subd. 10. Free
entrance; totally and permanently disabled veterans. The commissioner shall issue an annual
park permit for no charge to any veteran with a total and permanent
service-connected disability, and a daily park permit to any resident
veteran with any level of service-connected disability, as determined by
the United States Department of Veterans Affairs, who presents each year a copy
of their the veteran's determination letter to a park attendant
or commissioner's designee. For the
purposes of this section, "veteran" has the meaning given in section
197.447.
EFFECTIVE DATE. This
section is effective July 1, 2010.
Sec. 31. Minnesota Statutes 2008, section 85.22,
subdivision 5, is amended to read:
Subd. 5. Exemption. Purchases for resale or rental made
from the state parks working capital fund account are exempt from
competitive bidding, notwithstanding chapter 16C.
Sec. 32. Minnesota Statutes 2008, section 85.32,
subdivision 1, is amended to read:
Subdivision
1. Areas
marked. The commissioner of natural
resources is authorized in cooperation with local units of government and
private individuals and groups when feasible to mark canoe and boating
routes state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis,
Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County,
Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County to
Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk,
Otter Tail, Redwood, Blue Earth, and Crow Rivers which have historic and
scenic values and to mark appropriately points of interest, portages, camp
sites, and all dams, rapids, waterfalls, whirlpools, and other serious hazards
which are dangerous to canoe, kayak, and watercraft travelers.
Sec. 33. Minnesota Statutes 2008, section 85.41,
subdivision 3, is amended to read:
Subd. 3. Exemptions. (a) Participants in cross-country
ski races and official school activities and residents of a state or
local government operated correctional facility are exempt from the pass
requirement in subdivision 1 if a special use permit has been obtained by the
organizers of the event or those in an official capacity in advance from the
agency with jurisdiction over the cross-country ski trail. Permits shall require that permit holders
return the trail and any associated facility to its original condition if any
damage is done by the permittee. Limited
permits for special events may be issued and shall require the removal of any
trail markers, banners, and other material used in connection with the special
event.
(b) Unless
otherwise exempted under paragraph (a), students, teachers, and supervising
adults engaged in school-sanctioned activities or youth activities sponsored by
a nonprofit organization are exempt from the pass requirements in subdivision
1.
(c) A
resident that is in the armed forces of the United States, stationed outside of
the state, and in the state on leave is exempt from the pass requirement in
subdivision 1 if the resident possesses official military leave papers.
(d) A
resident who has served at any time during the preceding 24 months in federal
active service, as defined in section 190.05, subdivision 5c, outside the
United States as a member of the National Guard, or as a reserve component or
active duty member of the United Stated armed forces and has been discharged
from active service is exempt from the pass requirement in subdivision 1 if the
resident possesses official military discharge papers.
Sec. 34. Minnesota Statutes 2008, section 85.42, is
amended to read:
85.42 USER FEE; VALIDITY.
(a) The fee
for an annual cross-country ski pass is $14 $19 for an individual
age 16 and over. The fee for a
three-year pass is $39 $54 for an individual age 16 and over. This fee shall be collected at the time the
pass is purchased. Three-year passes are
valid for three years beginning the previous July 1. Annual passes are valid for one year
beginning the previous July 1.
(b) The
cost for a daily cross-country skier pass is $4 $5 for an
individual age 16 and over. This fee
shall be collected at the time the pass is purchased. The daily pass is valid only for the date
designated on the pass form.
(c) A pass
must be signed by the skier across the front of the pass to be valid and
becomes nontransferable on signing.
Sec. 35. Minnesota Statutes 2008, section 85.43, is
amended to read:
85.43 DISPOSITION OF RECEIPTS; PURPOSE.
(a) Fees from
cross-country ski passes shall be deposited in the state treasury and credited
to a cross-country ski account in the natural resources fund and, except for
the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, are appropriated to the commissioner of
natural resources for the following purposes:
(1) grants-in-aid
for cross-country ski trails sponsored by local units of government to:
(i)
counties and municipalities for construction and maintenance of cross-country
ski trails; and
(ii) special
park districts as provided in section 85.44 for construction and maintenance
of cross-country ski trails; and
(2)
administration of the cross-country ski trail grant-in-aid program.
(b)
Development and maintenance of state cross-country ski trails are eligible for
funding from the cross-country ski account if the money is appropriated by law.
Sec. 36. Minnesota Statutes
2008, section 85.46, as amended by Laws 2009, chapter 37, article 1, sections
22 to 24, is amended to read:
85.46 HORSE TRAIL PASS.
Subdivision
1. Pass
in possession. (a) Except as
provided in paragraph (b), while riding, leading, or driving a horse on
horse trails and associated day use areas on state trails, in state
parks, in state recreation areas, and in state forests, on lands
administered by the commissioner, except forest roads and forest roads
rights-of-way, a person 16 years of age or over shall carry in immediate
possession a valid horse trail pass.
The pass must be available for inspection by a peace officer, a
conservation officer, or an employee designated under section 84.0835.
(b) A valid
horse trail pass is not required under this section for a person riding,
leading, or driving a horse only on the portion of a horse trail property
that is owned by the person or the person's spouse, child, parent, or guardian.
Subd. 2. License
agents. (a) The commissioner of
natural resources may appoint agents to issue and sell horse trail
passes. The commissioner may revoke the
appointment of an agent at any time.
(b) The
commissioner may adopt additional rules as provided in section 97A.485,
subdivision 11. An agent shall observe
all rules adopted by the commissioner for the accounting and handling of passes
according to section 97A.485, subdivision 11.
(c) An
agent must promptly deposit and remit all money received from the sale of
passes, except issuing fees, to the commissioner.
Subd. 3. Issuance. The commissioner of natural resources and
agents shall issue and sell horse trail passes. The pass shall include the applicant's
signature and other information deemed necessary by the commissioner. To be valid, a daily or annual pass must be
signed by the person riding, leading, or driving the horse, and a commercial
annual pass must be signed by the owner of the commercial trail riding
facility.
Subd. 4. Pass
fees. (a) The fee for an annual
horse trail pass is $20 for an individual 16 years of age and over. The fee
shall be collected at the time the pass is purchased. Annual passes are valid for one year
beginning January 1 and ending December 31.
(b) The fee
for a daily horse trail pass is $4 for an individual 16 years of age and
over. The fee shall be collected at the
time the pass is purchased. The daily
pass is valid only for the date designated on the pass form.
(c) The fee
for a commercial annual horse trail pass is $200 and includes issuance
of 15 passes. Additional or individual
commercial annual horse trail passes may be purchased by the commercial trail
riding facility owner at a fee of $20 each.
Commercial annual horse trail passes are valid for one year
beginning January 1 and ending December 31 and may be affixed to the horse
tack, saddle, or person. Commercial
annual horse trail passes are not transferable to another commercial trail
riding facility. For the purposes of
this section, a "commercial trail riding facility" is an
operation where horses are used for riding instruction or other equestrian activities
for hire or use by others.
Subd. 5. Issuing
fee. In addition to the fee for a
horse trail pass, an issuing fee of $1 per pass shall be charged. The issuing fee shall be retained by the
seller of the pass. Issuing fees for
passes sold by the commissioner of natural resources shall be deposited in the
state treasury and credited to the horse trail pass account in
the natural resources fund and are appropriated to the commissioner for the
operation of the electronic licensing system.
A pass shall indicate the amount of the fee that is retained by the
seller.
Subd. 6. Disposition
of receipts. Fees collected under
this section, except for the issuing fee, shall be deposited in the state
treasury and credited to the horse trail pass account in the
natural resources fund. Except for the
electronic licensing system commission established by the commissioner under
section 84.027, subdivision 15, the fees are appropriated to the commissioner
of natural resources for trail acquisition, trail and facility development, and
maintenance, enforcement, and rehabilitation of horse trails or trails
authorized for horse use, whether for riding, leading, or driving, on state
trails and in state parks, state recreation areas, and state forests land
administered by the commissioner.
Subd. 7. Duplicate
horse trail passes. The
commissioner of natural resources and agents shall issue a duplicate pass to a
person or commercial trail riding facility owner whose pass is lost or
destroyed using the process established under section 97A.405, subdivision 3,
and rules adopted thereunder. The fee
for a duplicate horse trail pass is $2, with an issuing fee of 50 cents.
Sec. 37. Minnesota Statutes 2009 Supplement, section
86A.09, subdivision 1, is amended to read:
Subdivision
1. Master
plan required. No construction of
new facilities or other development of an authorized unit, other than repairs
and maintenance, shall commence until the managing agency has prepared and
submitted to the commissioner of natural resources and the commissioner has
reviewed, pursuant to this section, a master plan for administration of the
unit in conformity with this section. No
master plan is required for wildlife management areas that do not have resident
managers, for scientific and natural areas, for water access sites, for
aquatic management areas, for rest areas, or for boater waysides.
Sec. 38. Minnesota Statutes 2008, section 86B.301,
subdivision 2, is amended to read:
Subd. 2. Exemptions. A watercraft license is not required for:
(1) a
watercraft that is covered by a license or number in full force and effect
under federal law or a federally approved licensing or numbering system of
another state, and has not been within this state for more than 90 consecutive
days, which does not include days that a watercraft is laid up at dock over
winter or for repairs at a Lake Superior port or another port in the state;
(2) a
watercraft from a country other than the United States that has not been within
this state for more than 90 consecutive days, which does not include days that
a watercraft is laid up at dock over winter or for repairs at a Lake Superior
port or another port in the state;
(3) a
watercraft owned by the United States, an Indian tribal government, a
state, or a political subdivision of a state, except watercraft used for
recreational purposes;
(4) a
ship's lifeboat;
(5) a
watercraft that has been issued a valid marine document by the United States
government;
(6) a duck
boat during duck hunting season;
(7) a rice
boat during the harvest season;
(8) a
seaplane; and
(9) a
nonmotorized watercraft nine feet in length or less.
EFFECTIVE DATE. This
section is effective the day following a notice published in the State Register
by the commissioner of natural resources that the change in clause (3) has been
approved by the United States Coast Guard pursuant to Code of Federal
Regulations, title 33, section 174.7.
Sec. 39. Minnesota Statutes 2008, section 86B.501, is
amended by adding a subdivision to read:
Subd. 4. Rowing
team members; personal flotation devices.
Notwithstanding subdivision 1, a member of a rowing team that is
sanctioned by an academic or nonprofit entity is not required to wear or
possess, and no local ordinance or rule may require a member of a rowing team
to wear or possess, a personal flotation device in a racing shell if a chase
boat carrying the devices prescribed under subdivision 1 accompanies the racing
shell. The requirement for a chase boat
does not apply on waters where it is preempted by federal regulations.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision
1, is amended to read:
Subdivision
1. Permit
Permission required. (a) A permit Permission to
start a fire to burn vegetative materials and other materials allowed by
Minnesota Statutes or official state rules and regulations may be given by the
commissioner or the commissioner's agent.
This permission shall be in the form of:
(1) a
written permit issued by a forest officer, fire warden, or other person
authorized by the commissioner; or
(2) an
electronic permit issued by the commissioner, an agent authorized by the
commissioner, or an Internet site authorized by the commissioner; or
(3) a
general permit adopted by the county board of commissioners according to
paragraph (c).
(b) Written
and electronic burning permits shall set the time and conditions by which
the fire may be started and burned. The
permit shall also specifically list the materials that may be burned. The permittee must have the permit on their
person and shall produce the permit for inspection when requested to do so by a
forest officer, conservation officer, or other peace officer. The permittee shall remain with the fire at
all times and before leaving the site shall completely extinguish the fire. A person shall not start or cause a fire to
be started on any land that is not owned or under their legal control without
the written permission of the owner, lessee, or an agent of the owner or lessee
of the land. Violating or exceeding the
permit conditions shall constitute a misdemeanor and shall be cause for the
permit to be revoked.
(c) A
general burning permit may be adopted by the county board of commissioners in
counties that are determined by the commissioner either to not be wildfire
areas as defined in section 88.01, subdivision 6, or to otherwise have low
potential for damage to life and property from wildfire. The commissioner shall consider the history
of and potential for wildfire; the distribution of trees, brush, grasslands,
and other vegetative material; and the distribution of property subject to
damage from escaped fires. Upon a
determination by the commissioner and adoption by a vote of the county board,
permission for open burning is extended to all residents in the county without
the need for individual written or electronic permits under this subdivision,
provided burning conforms to all other provisions of this chapter, including
those related to responsibility to control and extinguish fires, no burning of
prohibited materials, and liability for damages caused by violations of this
chapter.
(d) Upon
adoption of a general burning permit, a county must establish specific
regulations by ordinance, to include at a minimum the time when and conditions
under which fires may be started and burned.
No ordinance may be less restrictive than state law.
(e) At any
time when the commissioner or the county board determines that a general
burning permit is no longer in the public interest, the general permit may be
canceled by the commissioner or the county board.
Sec. 41. Minnesota Statutes 2008, section 88.17,
subdivision 3, is amended to read:
Subd. 3. Special
permits. The following special
permits are required at all times, including when the ground is snow-covered:
(a) Fire training. A permit to start a fire for the
instruction and training of firefighters, including liquid fuels training, may
be given by the commissioner or agent of the commissioner. Except for owners or operators conducting
fire training in specialized industrial settings pursuant to applicable
federal, state, or local standards, owners or operators conducting open burning
for the purpose of instruction and training of firefighters with regard to
structures must follow the techniques described in a document entitled: Structural Burn Training Procedures for the
Minnesota Technical College System.
(b) Permanent tree and brush open burning sites. A permit for the operation of a permanent
tree and brush burning site may be given by the commissioner or agent of the
commissioner. Applicants for a permanent
open burning site permit shall submit a complete application on a form provided
by the commissioner. Existing permanent
tree and brush open burning sites must submit for a permit within 90 days of
the passage of this statute for a burning permit. New site applications must be submitted at
least 90 days before the date of the proposed operation of the permanent open
burning site. The application must be
submitted to the commissioner and must contain:
(1) the
name, address, and telephone number of all owners of the site proposed for use
as the permanent open burning site;
(2) if the
operator for the proposed permanent open burning site is different from the
owner, the name, address, and telephone number of the operator;
(3) a
general description of the materials to be burned, including the source and
estimated quantity, dimensions of the site and burn pile areas, hours and
dates of operation, and provisions for smoke management; and
(4) a
topographic or similarly detailed map of the site and surrounding area within a
one mile circumference showing all structures that might be affected by the
operation of the site.
Only trees,
tree trimmings, or brush that cannot be disposed of by an alternative method
such as chipping, composting, or other method shall be permitted to be burned
at a permanent open burning site. A
permanent tree and brush open burning site must be located and operated so
as not to create a nuisance or endanger water quality. The commissioner shall revoke the permit
or order actions to mitigate threats to public health, safety, and the
environment in the event that permit conditions are violated.
Sec. 42. Minnesota Statutes 2008, section 88.79,
subdivision 2, is amended to read:
Subd. 2. Charge
for service; receipts to special revenue fund.
Notwithstanding section 16A.1283, the commissioner of natural
resources may charge the owner, by written order published in the
State Register, establish fees the commissioner determines to be fair and
reasonable that are charged to owners receiving such services such
sums as the commissioner shall determine to be fair and reasonable under
subdivision 1. The charges must
account for differences in the value of timber and other benefits. The receipts from such the
services shall be credited to the special revenue fund and are annually
appropriated to the commissioner for the purposes specified in subdivision 1.
Sec. 43. Minnesota Statutes 2008, section 89.17, is
amended to read:
89.17 LEASES AND PERMITS.
Notwithstanding
the permit procedures of chapter 90, the commissioner shall have power
to grant and execute, in the name of the state, leases and permits for the use
of any forest lands under the authority of the commissioner for any purpose
which in the commissioner's opinion is not inconsistent with the maintenance
and management of the forest lands, on forestry principles for timber
production. Every such lease or permit
shall be revocable at the discretion of the commissioner at any time subject to
such conditions as may be agreed on in the lease. The approval of the commissioner of
administration shall not be required upon any such lease or permit. No such lease or permit for a period
exceeding ten 21 years shall be granted except with the approval
of the Executive Council.
Hunting of
wild game is prohibited on any land which has been posted by the lessee to
prohibit hunting. Such prohibition shall
apply to all persons including the lessee Public access to the
leased land for outdoor recreation shall be the same as access would be under
state management.
Sec. 44. Minnesota Statutes 2008, section 90.041, is
amended by adding a subdivision to read:
Subd. 9. Reoffering
unsold timber. To maintain
and enhance forest ecosystems on state forest lands, the commissioner may
reoffer timber tracts remaining unsold under the provisions of section 90.101
below appraised value at public auction with the required 30-day notice under
section 90.101, subdivision 2.
Sec. 45. Minnesota Statutes 2008, section 90.121, is
amended to read:
90.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF
3,000 CORDS.
(a) The
commissioner may sell the timber on any tract of state land in lots not
exceeding 3,000 cords in volume, in the same manner as timber sold at public
auction under section 90.101, and related laws, subject to the following
special exceptions and limitations:
(1) the
commissioner shall offer all tracts authorized for sale by this section
separately from the sale of tracts of state timber made pursuant to section 90.101;
(2) no
bidder may be awarded more than 25 percent of the total tracts offered at the
first round of bidding unless fewer than four tracts are offered, in which case
not more than one tract shall be awarded to one bidder. Any tract not sold at public auction may be
offered for private sale as authorized by section 90.101, subdivision 1, to
persons eligible under this section at the appraised value; and
(3) no sale
may be made to a person having more than 20 30 employees. For the purposes of this clause,
"employee" means an individual working in the timber or wood
products industry for salary or wages on a full-time or part-time basis.
(b) The
auction sale procedure set forth in this section constitutes an additional
alternative timber sale procedure available to the commissioner and is not
intended to replace other authority possessed by the commissioner to sell
timber in lots of 3,000 cords or less.
(c) Another
bidder or the commissioner may request that the number of employees a bidder
has pursuant to paragraph (a), clause (3), be confirmed if there is evidence
that the bidder may be ineligible due to exceeding the employee threshold. The commissioner shall request information
from the commissioners of labor and industry and employment and economic
development including the premiums paid by the bidder in question for workers'
compensation insurance coverage for all employees of the bidder. The commissioner shall review the information
submitted by the commissioners of labor and industry and employment and
economic development and make a determination based on that information as to
whether the bidder is eligible. A bidder
is considered eligible and may participate in intermediate auctions until
determined ineligible under this paragraph.
EFFECTIVE DATE. This
section is effective retroactively from July 1, 2006.
Sec. 46. Minnesota Statutes 2008, section 90.14, is
amended to read:
90.14 AUCTION SALE PROCEDURE.
(a) All
state timber shall be offered and sold by the same unit of measurement as it
was appraised. No tract shall be sold to
any person other than the purchaser in whose name the bid was made. The commissioner may refuse to approve any
and all bids received and cancel a sale of state timber for good and sufficient
reasons.
(b) The
purchaser at any sale of timber shall, immediately upon the approval of the
bid, or, if unsold at public auction, at the time of purchase at a subsequent
sale under section 90.101, subdivision 1, pay to the commissioner a down payment
of 15 percent of the appraised value. In
case any purchaser fails to make such payment, the purchaser shall be liable
therefor to the state in a civil action, and the commissioner may reoffer the
timber for sale as though no bid or sale under section 90.101, subdivision 1,
therefor had been made.
(c) In lieu
of the scaling of state timber required by this chapter, a purchaser of state
timber may, at the time of payment by the purchaser to the commissioner of 15
percent of the appraised value, elect in writing on a form prescribed by the
attorney general to purchase a permit based solely on the appraiser's estimate
of the volume of timber described in the permit, provided that the commissioner
has expressly designated the availability of such option for that tract on the
list of tracts available for sale as required under section 90.101. A purchaser who elects in writing on a form
prescribed by the attorney general to purchase a permit based solely on the
appraiser's estimate of the volume of timber described on the permit does not
have recourse to the provisions of section 90.281.
(d) In the
case of a public auction sale conducted by a sealed bid process, tracts shall
be awarded to the high bidder, who shall pay to the commissioner a down payment
of 15 percent of the appraised value within ten business days of receiving a
written award notice that must be received or postmarked within 14 days
of the date of the sealed bid opening.
If a purchaser fails to make the down payment, the purchaser is liable for
the down payment to the state and the commissioner may offer the timber for
sale to the next highest bidder as though no higher bid had been made.
(e) Except
as otherwise provided by law, at the time the purchaser signs a permit issued
under section 90.151, the commissioner shall require the purchaser shall
to make a bid guarantee payment to the commissioner in an amount equal
to 15 percent of the total purchase price of the permit less the down payment
amount required by paragraph (b) for any bid increase in excess of $5,000 of
the appraised value. If the a
required bid guarantee payment is not submitted with the signed permit, no
harvesting may occur, the permit cancels, and the down payment for timber
forfeits to the state. The bid guarantee
payment forfeits to the state if the purchaser and successors in interest fail
to execute an effective permit.
Sec. 47. Minnesota Statutes 2008, section 97B.665,
subdivision 2, is amended to read:
Subd. 2. Petition
to district court. If a beaver dam causes
a threat to personal safety or a serious threat to damage property, and a
person cannot obtain consent under subdivision 1, a person may petition the
district court for relief. The court may
order the commissioner owners of private property where beaver dams
are located to take action to reduce the threat. A permit is not required for an action
ordered by the court. The action may
include destruction or alteration of beaver dams and removal of beaver. This subdivision does not apply to state
parks, state game refuges, and federal game refuges.
Sec. 48. [103A.212]
WATERSHED MANAGEMENT POLICY.
The quality
of life of every Minnesotan depends on water.
Minnesota's rivers, lakes, streams, wetlands, and groundwater provide a
foundation for drinking water and the state's recreational, municipal,
commercial, industrial, agricultural, environmental, aesthetic, and economic
well-being. The legislature finds that
it is in the public interest to manage groundwater and surface water resources
from the perspective of aquifers, watersheds, and river basins to achieve
protection, preservation, enhancement, and restoration of the state's valuable
groundwater and surface water resources.
Sec. 49. Minnesota Statutes 2008, section 103A.305, is
amended to read:
103A.305 JURISDICTION.
Sections
103A.301 to 103A.341 apply if the decision of an agency in a proceeding
involves a question of water policy in one or more of the areas of water
conservation, water pollution, preservation and management of wildlife,
drainage, soil conservation, public recreation, forest management, and
municipal planning under section 97A.135;
103A.411;
103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.295,
subdivisions 1 and 2; 103G.287; 103G.297 to 103G.311; 103G.315,
subdivisions 1, 10, 11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1;
115.04; or 115.05.
Sec. 50. Minnesota Statutes 2008, section 103B.702, is
amended by adding a subdivision to read:
Subd. 10. Decisions;
review and approval. Decisions
of the Star Lake Board regarding the criteria used to designate a lake or river
as a "Minnesota Star Lake" or "Minnesota Star River," as
well as a decision to award grants, are subject to the review and approval of
the Board of Water and Soil Resources.
Sec. 51. Minnesota Statutes 2009 Supplement, section
103G.201, is amended to read:
103G.201 PUBLIC WATERS INVENTORY.
(a) The
commissioner shall maintain a public waters inventory map of each county that
shows the waters of this state that are designated as public waters under the
public waters inventory and classification procedures prescribed under Laws
1979, chapter 199, and shall provide access to a copy of the maps and lists. As county public waters inventory maps and
lists are revised according to this section, the commissioner shall send a
notification or a copy of the maps and lists to the auditor of each
affected county.
(b) The
commissioner is authorized to revise the list map of public
waters established under Laws 1979, chapter 199, to reclassify those types 3,
4, and 5 wetlands previously identified as public waters wetlands under Laws
1979, chapter 199, as public waters or as wetlands under section 103G.005,
subdivision 19. The commissioner may
only reclassify public waters wetlands as public waters if:
(1) they
are assigned a shoreland management classification by the commissioner under
sections 103F.201 to 103F.221;
(2) they
are classified as lacustrine wetlands or deepwater habitats according to
Classification of Wetlands and Deepwater Habitats of the United States
(Cowardin, et al., 1979 edition); or
(3) the
state or federal government has become titleholder to any of the beds or shores
of the public waters wetlands, subsequent to the preparation of the public
waters inventory map filed with the auditor of the county, pursuant to
paragraph (a), and the responsible state or federal agency declares that the
water is necessary for the purposes of the public ownership.
(c) The
commissioner must provide notice of the reclassification to the local
government unit, the county board, the watershed district, if one exists for
the area, and the soil and water conservation district. Within 60 days of receiving notice from the
commissioner, a party required to receive the notice may provide a resolution
stating objections to the reclassification.
If the commissioner receives an objection from a party required to
receive the notice, the reclassification is not effective. If the commissioner does not receive an
objection from a party required to receive the notice, the reclassification of
a wetland under paragraph (b) is effective 60 days after the notice is received
by all of the parties.
(d) The
commissioner shall give priority to the reclassification of public waters
wetlands that are or have the potential to be affected by public works
projects.
(e) The
commissioner may revise the public waters inventory map and list of each
county:
(1) to
reflect the changes authorized in paragraph (b); and
(2) as
needed, to:
(i) correct
errors in the original inventory;
(ii) add or
subtract trout stream tributaries within sections that contain a designated
trout stream following written notice to the landowner;
(iii) add
depleted quarries, and sand and gravel pits, when the body of water exceeds 50
acres and the shoreland has been zoned for residential development; and
(iv) add or
subtract public waters that have been created or eliminated as a requirement of
a permit authorized by the commissioner under section 103G.245.
Sec. 52. Minnesota Statutes 2008, section 103G.271,
subdivision 3, is amended to read:
Subd. 3. Permit
restriction during summer months. The
commissioner must not modify or restrict the amount of appropriation from a
groundwater source authorized in a water use permit issued to irrigate
agricultural land under section 103G.295, subdivision 2, between May 1
and October 1, unless the commissioner determines the authorized amount of
appropriation endangers a domestic water supply.
Sec. 53. [103G.282]
MONITORING TO EVALUATE IMPACTS FROM APPROPRIATIONS.
Subdivision
1. Monitoring equipment. The
commissioner may require the installation and maintenance of monitoring
equipment to evaluate water resource impacts from permitted appropriations and
proposed projects that require a permit.
Monitoring for water resources that supply more than one appropriator
must be designed to minimize costs to individual appropriators.
Subd. 2. Measuring
devices required. Monitoring
installations required under subdivision 1 must be equipped with automated
measuring devices to measure water levels, flows, or conditions. The commissioner may determine the frequency
of measurements and other measuring methods based on the quantity of water
appropriated or used, the source of water, potential connections to other water
resources, the method of appropriating or using water, seasonal and long-term
changes in water levels, and any other facts supplied to the commissioner.
Subd. 3. Reports
and costs. (a) Records of
water measurements under subdivision 2 must be kept for each installation. The measurements must be reported annually to
the commissioner on or before February 15 of the following year in a format or
on forms prescribed by the commissioner.
(b) The
owner or person in charge of an installation for appropriating or using waters
of the state or a proposal that requires a permit is responsible for all costs
related to establishing and maintaining monitoring installations and to
measuring and reporting data. Monitoring
costs for water resources that supply more than one appropriator may be
distributed among all users within a monitoring area determined by the
commissioner and assessed based on volumes of water appropriated and proximity
to resources of concern.
Sec. 54. Minnesota Statutes 2008, section 103G.285, subdivision
5, is amended to read:
Subd. 5. Trout
streams. Permits issued after June
3, 1977, to appropriate water from streams designated trout streams by the
commissioner's orders under section 97C.021 97C.005 must be
limited to temporary appropriations.
Sec. 55. [103G.287]
GROUNDWATER APPROPRIATIONS.
Subdivision
1. Applications for groundwater appropriations. (a) Groundwater use permit
applications are not complete until the applicant has supplied:
(1) a water
well record as required by section 103I.205, subdivision 9, information on the
subsurface geologic formations penetrated by the well and the formation or
aquifer that will serve as the water source, and geologic information from test
holes drilled to locate the site of the production well;
(2) the
maximum daily, seasonal, and annual pumpage rates and volumes being requested;
(3)
information on groundwater quality in terms of the measures of quality commonly
specified for the proposed water use and details on water treatment necessary
for the proposed use;
(4) an
inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must include information on
well locations, depths, geologic formations, depth of the pump or intake,
pumping and nonpumping water levels, and details of well construction; and
(5) the
results of an aquifer test completed according to specifications approved by
the commissioner. The test must be
conducted at the maximum pumping rate requested in the application and for a
length of time adequate to assess or predict impacts to other wells and surface
water and groundwater resources. The
permit applicant is responsible for all costs related to the aquifer test,
including the construction of groundwater and surface water monitoring
installations, and water level readings before, during, and after the aquifer
test.
(b) The
commissioner may waive an application requirement in this subdivision if the
information provided with the application is adequate to determine whether the
proposed appropriation and use of water is sustainable and will protect
ecosystems, water quality, and the ability of future generations to meet their
own needs.
Subd. 2. Relationship
to surface water resources. Groundwater
appropriations that have potential impacts to surface waters are subject to
applicable provisions in section 103G.285.
Subd. 3. Protection
of groundwater supplies. The
commissioner may establish water appropriation limits to protect groundwater
resources. When establishing water
appropriation limits to protect groundwater resources, the commissioner must
consider the sustainability of the groundwater resource, including the current
and projected water levels, water quality, whether the use protects ecosystems,
and the ability of future generations to meet their own needs.
Subd. 4. Groundwater
management areas. The
commissioner may designate groundwater management areas and limit total annual
water appropriations and uses within a designated area to ensure sustainable
use of groundwater that protects ecosystems, water quality, and the ability of
future generations to meet their own needs.
Water appropriations and uses within a designated management area must
be consistent with a plan approved by the commissioner that addresses water
conservation requirements and water allocation priorities established in
section 103G.261.
Subd. 5. Interference
with other wells. The
commissioner may issue water use permits for appropriation from groundwater
only if the commissioner determines that the groundwater use is sustainable to
supply the needs of future generations and the proposed use will not harm
ecosystems, degrade water, or reduce water levels beyond the reach of public
water supply and private domestic wells constructed according to Minnesota
Rules, chapter 4725.
Sec. 56. Minnesota Statutes 2008, section 103G.301,
subdivision 6, is amended to read:
Subd. 6. Filing
application. (a) An
application for a permit must be filed with the commissioner and if the
proposed activity for which the permit is requested is within a municipality,
or is within or affects a watershed district or a soil and water conservation
district, a copy of the application with maps, plans, and specifications must
be served on the mayor of the municipality, the secretary of the board of
managers of the watershed district, and the secretary of the board of
supervisors of the soil and water conservation district.
(b) If the
application is required to be served on a local governmental unit under this
subdivision, proof of service must be included with the application and filed
with the commissioner.
Sec. 57. Minnesota Statutes 2008, section 103G.305,
subdivision 2, is amended to read:
Subd. 2. Exception. The requirements of subdivision 1 do not
apply to applications for a water use permit for:
(1) appropriations
from waters of the state for irrigation, under section 103G.295;
(2)
appropriations for diversion from the basin of origin of more than 2,000,000
gallons per day average in a 30-day period; or
(3) (2) appropriations with a
consumptive use of more than 2,000,000 gallons per day average for a 30-day
period.
Sec. 58. Minnesota Statutes 2008, section 103G.315,
subdivision 11, is amended to read:
Subd. 11. Limitations
on permits. (a) Except as otherwise
expressly provided by law, a permit issued by the commissioner under this
chapter is subject to:
(1)
cancellation by the commissioner at any time if necessary to protect the public
interests;
(2) further
conditions on the term of the permit or its cancellation as the commissioner
may prescribe and amend and reissue the permit; and
(3)
applicable law existing before or after the issuance of the permit.
(b) Permits
issued to irrigate agricultural land under section 103G.295, or considered
issued, are subject to this subdivision and are subject to cancellation by
the commissioner upon the recommendation of the supervisors of the soil and
water conservation district where the land to be irrigated is located.
Sec. 59. Minnesota Statutes 2008, section 103G.515,
subdivision 5, is amended to read:
Subd. 5. Removal
of hazardous dams. Notwithstanding
any provision of this section or of section 103G.511 relating to cost sharing
or apportionment, the commissioner, within the limits of legislative
appropriation, may assume or pay the entire cost of removal of a privately or
publicly owned dam upon determining removal provides the lowest cost
solution and:
(1) that
continued existence of the structure presents a significant public safety
hazard, or prevents restoration of an important fisheries resource,;
or
(2) that public
or private property is being damaged due to partial failure of the structure,
and that an attempt to assess costs of removal against the private or public
owner would be of no avail.
Sec. 60. Minnesota Statutes 2008, section 103G.615,
subdivision 2, is amended to read:
Subd. 2. Fees. (a) The commissioner shall establish a
fee schedule for permits to control or harvest aquatic plants other than wild
rice. The fees must be set by rule, and
section 16A.1283 does not apply, but the rule must not take effect until 45
legislative days after it has been reported to the legislature. The fees shall be based upon the cost of
receiving, processing, analyzing, and issuing the permit, and additional costs
incurred after the application to inspect and monitor the activities authorized
by the permit, and enforce aquatic plant management rules and permit
requirements.
(b) A fee
for a permit for the control of rooted aquatic vegetation for each contiguous
parcel of shoreline owned by an owner may be charged. This fee may not be charged for permits
issued in connection with purple loosestrife control or lakewide Eurasian water
milfoil control programs.
(c) A fee
may not be charged to the state or a federal governmental agency applying for a
permit.
(d) A
fee for a permit for the control of rooted aquatic vegetation in a public water
basin that is 20 acres or less in size shall be one-half of the fee established
under paragraph (a).
(e) The money
received for the permits under this subdivision shall be deposited in the
treasury and credited to the water recreation account.
EFFECTIVE DATE. This
section is effective August 1, 2010.
Sec. 61. [103G.651]
REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
The
commissioner of natural resources must not issue leases to remove sunken logs
or issue permits for the removal of sunken logs from public waters.
Sec. 62. Minnesota Statutes 2008, section 115.55, is
amended by adding a subdivision to read:
Subd. 13. Subsurface
sewage treatment systems implementation and enforcement task force. (a) By September 1, 2010, the agency
shall appoint a subsurface sewage treatment systems implementation and
enforcement task force in collaboration with the Association of Minnesota
Counties, Minnesota Association of Realtors, Minnesota Association of County
Planning and Zoning Administrators, and the Minnesota Onsite Wastewater
Association. The agency shall work in
collaboration with the task force to develop effective and timely
implementation and enforcement methods in order to rapidly reduce the number of
subsurface sewage treatment systems that are an imminent threat to public
health or safety and effectively enforce all violations of the subsurface
sewage treatment system rules. The
agency shall meet at least three times per year with the task force to address
implementation and enforcement issues. The
meetings shall be scheduled so that they do not interfere with the construction
season.
(b) The
agency, in collaboration with the task force and in consultation with the
attorney general, county attorneys, and county planning and zoning staff, shall
develop, periodically update, and provide to counties enforcement protocols and
a checklist that county inspectors, field staff, and others may use when
inspecting subsurface sewage treatment systems and enforcing subsurface sewage
treatment system rules.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 63. Minnesota Statutes 2008, section 116.07,
subdivision 4, is amended to read:
Subd. 4. Rules
and standards. (a) Pursuant
and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend and rescind rules and standards
having the force of law relating to any purpose within the provisions of Laws
1967, chapter 882, for the prevention, abatement, or control of air pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times, places,
circumstances, or conditions in order to make due allowance for variations
therein. Without limitation, rules or
standards may relate to sources or emissions of air contamination or air
pollution, to the quality or composition of such emissions, or to the quality
of or composition of the ambient air or outdoor atmosphere or to any other
matter relevant to the prevention, abatement, or control of air pollution.
(b) Pursuant
and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend, and rescind rules and standards
having the force of law relating to any purpose within the provisions of Laws
1969, chapter 1046, for the collection, transportation, storage, processing,
and disposal of solid waste and the prevention, abatement, or control of water,
air, and land pollution which may be related thereto, and the deposit in or on
land of any other material that may tend to cause pollution. The agency shall adopt such rules and
standards for sewage sludge, addressing the intrinsic suitability of land, the
volume and rate of application of sewage sludge of various degrees of intrinsic
hazard, design of facilities, and operation of facilities and sites. Any such rule or standard may be of general
application throughout the state or may be limited as to times, places,
circumstances, or conditions in order to make due allowance for variations
therein. Without limitation, rules or
standards may relate to collection, transportation, processing, disposal,
equipment, location, procedures, methods, systems or techniques or to any other
matter relevant to the prevention, abatement or control of water, air, and land
pollution which may be advised through the control of collection,
transportation, processing, and disposal of solid waste and sewage sludge, and
the deposit in or on land of any other material that may tend to cause
pollution. By January 1, 1983, the rules
for the management of sewage sludge shall include an analysis of the sewage
sludge determined by the commissioner of agriculture to be necessary to meet
the soil amendment labeling requirements of section 18C.215.
(c) The rules
for the disposal of solid waste shall include site-specific criteria to
prohibit solid waste disposal based on the area's sensitivity to groundwater
contamination, including site-specific testing.
The rules shall provide criteria for locating landfills based on a
site's sensitivity to groundwater contamination. Sensitivity to groundwater contamination is
based on the predicted minimum time of travel of groundwater contaminants from
the solid waste to the compliance boundary.
The rules shall prohibit landfills in areas where karst is likely to
develop. The rules shall specify
testable or otherwise objective thresholds for these criteria. The rules shall also include
modifications to financial assurance requirements under subdivision 4h that
ensure the state is protected from financial responsibility for future
groundwater contamination. The
modifications to the financial assurance rules specified in this paragraph must
require that a solid waste disposal facility subject to them maintain financial
assurance so long as the facility poses a potential environmental risk to human
health, wildlife, or the environment, as determined by the agency following an
empirical assessment. The financial
assurance and siting modifications to the rules specified in this paragraph do
not apply to:
(1) solid
waste facilities initially permitted before January 1, 2011, including future
contiguous expansions and noncontiguous expansions within 600 yards of a
permitted boundary;
(2) solid
waste disposal facilities that accept only construction and demolition debris
and incidental nonrecyclable packaging, and facilities that accept only
industrial waste that is limited to wood, concrete, porcelain fixtures,
shingles, or window glass resulting from the manufacture of construction
materials; and
(3)
requirements for permit by rule solid waste disposal facilities.
(d) Until the
rules are modified as provided in paragraph (c) to include site-specific
criteria to prohibit areas from solid waste disposal due to groundwater contamination
sensitivity, as required under this section, the agency shall not issue a
permit for a new solid waste disposal facility, except for:
(1) the
reissuance of a permit for a land disposal facility operating as of March 1,
2008;
(2) a permit
to expand a land disposal facility operating as of March 1, 2008, beyond its
permitted boundaries, including expansion on land that is not contiguous to,
but is located within 600 yards of, the land disposal facility's permitted
boundaries;
(3) a permit
to modify the type of waste accepted at a land disposal facility operating as
of March 1, 2008;
(4) a permit
to locate a disposal facility that accepts only construction debris as defined
in section 115A.03, subdivision 7;
(5) a permit
to locate a disposal facility that:
(i) accepts
boiler ash from an electric energy power plant that has wet scrubbed units or
has units that have been converted from wet scrubbed units to dry scrubbed
units as those terms are defined in section 216B.68;
(ii) is on
land that was owned on May 1, 2008, by the utility operating the electric
energy power plant; and
(iii) is
located within three miles of the existing ash disposal facility for the power
plant; or
(6) a permit
to locate a new solid waste disposal facility for ferrous metallic minerals
regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic
minerals regulated under Minnesota Rules, chapter 6132.
(e) Pursuant
and subject to the provisions of chapter 14, and the provisions hereof, the
Pollution Control Agency may adopt, amend and rescind rules and standards
having the force of law relating to any purpose within the provisions of Laws
1971, chapter 727, for the prevention, abatement, or control of noise pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times, places,
circumstances or conditions in order to make due allowances for variations
therein. Without limitation, rules or
standards may relate to sources or emissions of noise or noise pollution, to
the quality or composition of noises in the natural environment, or to any
other matter relevant to the prevention, abatement, or control of noise
pollution.
(f) As to any
matters subject to this chapter, local units of government may set emission
regulations with respect to stationary sources which are more stringent than
those set by the Pollution Control Agency.
(g) Pursuant to
chapter 14, the Pollution Control Agency may adopt, amend, and rescind rules
and standards having the force of law relating to any purpose within the
provisions of this chapter for generators of hazardous waste, the management,
identification, labeling, classification, storage, collection, treatment,
transportation, processing, and disposal of hazardous waste and the location of
hazardous waste facilities. A rule or
standard may be of general application throughout the state or may be limited
as to time, places, circumstances, or conditions. In implementing its hazardous waste rules,
the Pollution Control Agency shall give high priority to providing planning and
technical assistance to hazardous waste generators. The agency shall assist generators in
investigating the availability and feasibility of both interim and long-term
hazardous waste management methods. The
methods shall include waste reduction, waste separation, waste processing,
resource recovery, and temporary storage.
(h) The
Pollution Control Agency shall give highest priority in the consideration of
permits to authorize disposal of diseased shade trees by open burning at
designated sites to evidence concerning economic costs of transportation and
disposal of diseased shade trees by alternative methods.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 64. Minnesota Statutes 2008, section 116.07,
subdivision 4h, is amended to read:
Subd. 4h. Financial
responsibility rules. (a) The agency
shall adopt rules requiring the operator or owner of a solid waste disposal
facility to submit to the agency proof of the operator's or owner's financial
capability to provide reasonable and necessary response during the operating
life of the facility and for 30 years after closure for a mixed municipal solid
waste disposal facility or for a minimum of 20 years after closure, as
determined by agency rules, for any other solid waste disposal facility, and to
provide for the closure of the facility and postclosure care required under
agency rules. Proof of financial
responsibility is required of the operator or owner of a facility receiving an
original permit or a permit for expansion after adoption of the rules. Within 180 days of the effective date of the
rules or by July 1, 1987, whichever is later, proof of financial responsibility
is required of an operator or owner of a facility with a remaining capacity of
more than five years or 500,000 cubic yards that is in operation at the time
the rules are adopted. Compliance with
the rules and the requirements of paragraph (b) is a condition of obtaining or
retaining a permit to operate the facility.
(b) A
municipality, as defined in section 475.51, subdivision 2, including a sanitary
district, that owns or operates a solid waste disposal facility that was in
operation on May 15, 1989, may meet its financial responsibility for all or a
portion of the contingency action portion of the reasonable and necessary
response costs at the facility by pledging its full faith and credit to meet
its responsibility.
The pledge
must be made in accordance with the requirements in chapter 475 for issuing
bonds of the municipality, and the following additional requirements:
(1) The
governing body of the municipality shall enact an ordinance that clearly
accepts responsibility for the costs of contingency action at the facility and
that reserves, during the operating life of the facility and for the time
period required in paragraph (a) after closure, a portion of the debt limit of
the municipality, as established under section 475.53 or other law, that is
equal to the total contingency action costs.
(2) The
municipality shall require that all collectors that haul to the facility
implement a plan for reducing solid waste by using volume-based pricing,
recycling incentives, or other means.
(3) When a
municipality opts to meet a portion of its financial responsibility by relying
on its authority to issue bonds, it shall also begin setting aside in a
dedicated long-term care trust fund money that will cover a portion of the
potential contingency action costs at the facility, the amount to be determined
by the agency for each facility based on at least the amount of waste deposited
in the disposal facility each year, and the likelihood and potential timing of
conditions arising at the facility that will necessitate response action. The agency may not require a municipality to
set aside more than five percent of the total cost in a single year.
(4) A
municipality shall have and consistently maintain an investment grade bond
rating as a condition of using bonding authority to meet financial responsibility
under this section.
(5) The
municipality shall file with the commissioner of revenue its consent to have
the amount of its contingency action costs deducted from state aid payments
otherwise due the municipality and paid instead to the remediation fund created
in section 116.155, if the municipality fails to conduct the contingency action
at the facility when ordered by the agency.
If the agency notifies the commissioner that the municipality has failed
to conduct contingency action when ordered by the agency, the commissioner
shall deduct the amounts indicated by the agency from the state aids in
accordance with the consent filed with the commissioner.
(6) The
municipality shall file with the agency written proof that it has complied with
the requirements of paragraph (b).
(c) The
method for proving financial responsibility under paragraph (b) may not be
applied to a new solid waste disposal facility or to expansion of an existing
facility, unless the expansion is a vertical expansion. Vertical expansions of qualifying existing
facilities cannot be permitted for a duration of longer than three years.
(d) The
commissioner shall consult with the commissioner of management and budget for
guidance on the forms of financial assurance that are acceptable for private
owners and public owners, and in carrying out a periodic review of the adequacy
of financial assurance for solid waste disposal facilities. Financial assurance rules shall allow
financial mechanisms to public owners of solid waste disposal facilities that
are appropriate to their status as subdivisions of the state.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 65. Minnesota Statutes 2008, section 116D.04,
subdivision 2a, is amended to read:
Subd. 2a. When
prepared. Where there is potential
for significant environmental effects resulting from any major governmental
action, the action shall be preceded by a detailed environmental impact
statement prepared by the responsible governmental unit. The environmental impact statement shall be
an analytical rather than an encyclopedic document which describes the proposed
action in detail, analyzes its significant environmental impacts, discusses
appropriate alternatives to the proposed action and their impacts, and explores
methods by which adverse environmental impacts of an action could be mitigated. The environmental impact statement shall also
analyze those economic, employment and sociological effects that cannot be
avoided should the action be implemented.
To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of
an action. No mandatory environmental
impact statement may be required for an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b), that produces less than 125,000,000
gallons of ethanol annually and is located outside of the seven-county
metropolitan area.
(a) The
board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be
prepared as well as categories of actions for which no environmental review is
required under this section.
(b) The
responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet in a manner to be determined by the
board and shall provide copies of the environmental assessment worksheet to the
board and its member agencies. Comments
on the need for an environmental impact statement may be submitted to the
responsible governmental unit during a 30 day period following publication of
the notice that an environmental assessment worksheet has been completed. The responsible governmental unit's decision
on the need for an environmental impact statement shall be based on the
environmental assessment worksheet and the comments received during the comment
period, and shall be made within 15 days after the close of the comment period. The board's chair may extend the 15 day
period by not more than 15 additional days upon the request of the responsible
governmental unit.
(c) An
environmental assessment worksheet shall also be prepared for a proposed action
whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval
by the appropriate governmental units, demonstrates that, because of the nature
or location of a proposed action, there may be potential for significant
environmental effects. Petitions
requesting the preparation of an environmental assessment worksheet shall be
submitted to the board. The chair of the
board shall determine the appropriate responsible governmental unit and forward
the petition to it. A decision on the
need for an environmental assessment worksheet shall be made by the responsible
governmental unit within 15 days after the petition is received by the
responsible governmental unit. The
board's chair may extend the 15 day period by not more than 15 additional days
upon request of the responsible governmental unit.
(d) Except
in an environmentally sensitive location where Minnesota Rules, part 4410.4300,
subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the
proposed action is:
(i) an
animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an
expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;
(2) the
application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance
with Pollution Control Agency feedlot rules; and
(3) the
county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit
for the animal feedlot facility unless another public meeting for citizen input
has been held with regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) The
board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit
selected by the board for any action where environmental review under this
section has not been specifically provided for by rule or otherwise initiated.
(f) An
early and open process shall be utilized to limit the scope of the
environmental impact statement to a discussion of those impacts, which, because
of the nature or location of the project, have the potential for significant
environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the
statement as well as the alternatives which are appropriate for consideration
in the statement. In addition, the
permits which will be required for the proposed action shall be identified
during the scoping process. Further, the
process shall identify those permits for which information will be developed
concurrently with the environmental impact statement. The board shall provide in its rules for the
expeditious completion of the scoping process.
The determinations reached in the process shall be incorporated into the
order requiring the preparation of an environmental impact statement.
(g) The
responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental
review and between environmental review and environmental permitting. Whenever practical, information needed by
a governmental unit for making final decisions on permits or other actions
required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.
(h) An
environmental impact statement shall be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental unit shall
determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be
prepared, the board chooses to determine the adequacy of an environmental
impact statement. If an environmental
impact statement is found to be inadequate, the responsible governmental unit
shall have 60 days to prepare an adequate environmental impact statement.
Sec. 66. Minnesota Statutes 2008, section 116D.04, is
amended by adding a subdivision to read:
Subd. 14. Customized
environmental assessment worksheet forms; electronic submission. (a) The commissioners of natural
resources and the Pollution Control Agency and the board shall periodically
review mandatory environmental assessment worksheet categories under rules
adopted under this section, and other project
types that
are frequently subject to environmental review, and develop customized
environmental assessment worksheet forms for the category or project type. The forms must include specific questions
that focus on key environmental issues for the category or project type. In assessing categories and project types and
developing forms, the board shall seek the input of governmental units that are
frequently responsible for the preparation of a worksheet for the particular
category or project type. The
commissioners and the board shall also seek input from the general public on
the development of customized forms. The
commissioners and board shall make the customized forms available online.
(b) The
commissioners of natural resources and the Pollution Control Agency shall allow
for the electronic submission of environmental assessment worksheets and
permits.
Sec. 67. Minnesota Statutes 2008, section 290.431, is
amended to read:
290.431 NONGAME WILDLIFE CHECKOFF.
Every
individual who files an income tax return or property tax refund claim form may
designate on their original return that $1 or more shall be added to the tax or
deducted from the refund that would otherwise be payable by or to that
individual and paid into an account to be established for the management of
nongame wildlife. The commissioner of
revenue shall, on the income tax return and the property tax refund claim form,
notify filers of their right to designate that a portion of their tax or refund
shall be paid into the nongame wildlife management account. The sum of the amounts so designated to be
paid shall be credited to the nongame wildlife management account for use by
the nongame program of the section of wildlife in the Department of
Natural Resources. All interest earned
on money accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife management account shall
be credited to the account by the commissioner of management and budget, except
that gifts or contributions received directly by the commissioner of natural
resources and directed by the contributor for use in specific nongame field
projects or geographic areas shall be handled according to section 84.085,
subdivision 1. The commissioner of
natural resources shall submit a work program for each fiscal year and
semiannual progress reports to the Legislative-Citizen Commission on Minnesota
Resources in the form determined by the commission. None of the money provided in this section
may be expended unless the commission has approved the work program.
The state
pledges and agrees with all contributors to the nongame wildlife management
account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional
conditions or restrictions that will limit or otherwise restrict the ability of
the commissioner of natural resources to use the available funds for the most
efficient and effective management of nongame wildlife. The commissioner may use funds
appropriated for nongame wildlife programs for the purpose of developing,
preserving, restoring, and maintaining wintering habitat for neotropical
migrant birds in Latin America and the Caribbean under agreement or contract
with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having
jurisdiction over the land and water affected by the projects. Under this authority, the commissioner may
execute agreements and contracts if the commissioner determines that the use of
the funds will benefit neotropical migrant birds that breed in or migrate
through the state.
Sec. 68. Minnesota Statutes 2008, section 290.432, is
amended to read:
290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
A corporation
that files an income tax return may designate on its original return that $1 or
more shall be added to the tax or deducted from the refund that would otherwise
be payable by or to that corporation and paid into the nongame wildlife
management account established by section 290.431 for use by the section of
wildlife in the Department of Natural Resources for its nongame wildlife
program. The commissioner of revenue
shall, on the corporate tax return, notify filers of their right to designate
that a portion of their tax return be paid into the nongame
wildlife
management account for the protection of endangered natural resources. All interest earned on money accrued, gifts
to the program, contributions to the program, and reimbursements of expenditures
in the nongame wildlife management account shall be credited to the account by
the commissioner of management and budget, except that gifts or contributions
received directly by the commissioner of natural resources and directed by the
contributor for use in specific nongame field projects or geographic areas
shall be handled according to section 84.085, subdivision 1. The commissioner of natural resources shall
submit a work program for each fiscal year to the Legislative-Citizen
Commission on Minnesota Resources in the form determined by the commission. None of the money provided in this section
may be spent unless the commission has approved the work program.
The state
pledges and agrees with all corporate contributors to the nongame wildlife account
to use the funds contributed solely for the nongame wildlife program and
further agrees that it will not impose additional conditions or restrictions
that will limit or otherwise restrict the ability of the commissioner of
natural resources to use the available funds for the most efficient and
effective management of those programs.
Sec. 69. Laws 2010, chapter 215, article 3, section 4,
subdivision 10, is amended to read:
Subd. 10. Transfers
In
(a) By June
30, 2010, the commissioner of management and budget shall transfer any
remaining balance, estimated to be $98,000, from the stream protection and
improvement fund under Minnesota Statutes, section 103G.705, to the general
fund. Beginning in fiscal year 2011, all
repayment of loans made and administrative fees assessed under Minnesota
Statutes, section 103G.705, estimated to be $195,000 in 2011, must be
transferred to the general fund.
(b) The
balance of surcharges on criminal and traffic offenders, estimated to be
$900,000, and credited to the game and fish fund under Minnesota Statutes,
section 357.021, subdivision 7, and collected before June 30, 2010, must be
transferred to the general fund.
(c) The
appropriation in Laws 2007, First Special Session chapter 2, article 1,
section 8, transferred to the appropriation in Laws 2007, First Special
Session chapter 2, article 1, section 5, for cost‑share flood programs in
southeastern Minnesota, is reduced by $335,000 and that amount is
canceled to the general fund.
(d) Before
June 30, 2011, the commissioner of management and budget shall transfer
$1,000,000 from the fleet management account in the special revenue fund
established under Minnesota Statutes, section 84.0856, to the general fund.
Sec. 70. SCHOOL
TRUST LANDS STUDY.
(a) By July
15, 2010, the commissioner of natural resources shall provide to the chairs of
the house of representatives and the senate committees and divisions with
primary jurisdiction over natural resources finance and education finance and
the Permanent School Fund Advisory Committee information necessary to evaluate
the effectiveness of the commissioner in managing school trust lands to
successfully meet the goals contained in Minnesota Statutes, section 127A.31. The information to be provided shall include,
but is not limited to:
(1) an
accurate description of the school trust lands and their land classification;
(2)
policies and procedures in place designed to meet the requirements of the
fiduciary responsibility of the commissioner in management of the school trust
lands; and
(3)
financial information identifying the current revenues from the land
classifications and the potential for future maximization of those revenues.
(b) By
January 15, 2011, the commissioner of natural resources shall provide an analysis
to the chairs of the house of representatives and senate committees and
divisions with primary jurisdiction over natural resources finance and
education finance and the Permanent School Fund Advisory Committee on the
advantages and disadvantages of having a funding mechanism for compensating the
permanent school fund for private and public use of school trust lands.
Sec. 71. COON
RAPIDS DAM COMMISSION.
Subdivision
1. Establishment. (a)
The Coon Rapids Dam Commission is established to perform the duties specified
in subdivision 2.
(b) The
commission consists of 15 voting members and three nonvoting members as
follows:
(1) two
members of the house of representatives, appointed by the speaker of the house,
with one member from the minority caucus;
(2) two
members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, with one member from the minority
caucus;
(3) the
commissioner of natural resources or the commissioner's designee;
(4) the
commissioner of energy or the commissioner's designee;
(5) two
representatives of Three Rivers Park District, appointed by the Three Rivers
Park District Board of Commissioners;
(6) one
representative each from the counties of Anoka and Hennepin, appointed by the
respective county boards;
(7) one
representative each from the cities of Anoka, Brooklyn Park, Champlin, and Coon
Rapids, appointed by the respective mayors;
(8) one
representative from the Metropolitan Council, appointed by the council chair;
(9) one
representative of the Mississippi National River and Recreation Area, appointed
by the superintendent of the Mississippi National River and Recreation Area,
who shall serve as a nonvoting member;
(10) one
representative of the United States Army Corps of Engineers, appointed by the
commander of the St. Paul District, United States Army Corps of Engineers,
who shall serve as a nonvoting member; and
(11) one
representative from the United States Fish and Wildlife Service, appointed by
the regional director of the United States Fish and Wildlife Service, who shall
serve as a nonvoting member.
(c) The
commission shall elect a chair from among its members.
(d) Members
of the commission shall serve a term of one year and may be reappointed for any
successive number of terms.
(e) The
Three Rivers Park District shall provide the commission with office space and
staff and administrative services.
(f)
Commission members shall serve without compensation.
Subd. 2. Duties. The commission shall study options and
make recommendations for the future of the Coon Rapids Dam, including its
suitable public uses, governance, operation, and maintenance and financing of
the dam and its operations. The
commission shall consider economic, environmental, ecological, and other
pertinent factors. The commission shall,
by March 1, 2011, develop and present to the legislature and the governor an
analysis and recommendations for the Coon Rapids Dam. The commission shall present its findings to
the house of representatives and senate committees and divisions having
jurisdiction over natural resources and energy policy.
Subd. 3. Expiration. This section expires upon presentation
of the commission's analysis and recommendations according to subdivision 2.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 72. SOLID
WASTE FACILITY FINANCIAL ASSURANCE MECHANISMS; INPUT.
Within six
months after the effective date of this section, and before publishing the
rules required for groundwater sensitivity and financial assurance in Minnesota
Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall
consult with experts and interested persons on financial assurance adequacy for
solid waste facilities, including, but not limited to, staff from the
Department of Natural Resources, Minnesota Management and Budget, local
governments, private and public landfill operators, and environmental groups. The commissioner shall seek the input to
determine the adequacy of existing financial assurance rules to address
environmental risks, the length of time financial assurance is needed, based on
the threat to human health and the environment, the reliability of financial
assurance in covering risks from land disposal of waste in Minnesota and other
states, and the role of private insurance.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 73. SUBSURFACE
SEWAGE TREATMENT SYSTEMS ORDINANCE ADOPTION DELAY.
(a)
Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may
adopt an ordinance by February 4, 2012, to comply with the February 4, 2008,
revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution Control
Agency shall adopt the final rule amendments to the February 4, 2008,
subsurface sewage treatment system rules.
A county must continue to enforce its current ordinance until a new one
has been adopted.
(b) By
January 15, 2011, the agency, after consultation with the Board of Water and
Soil Resources and the Association of Minnesota Counties, shall report to the
chairs and ranking minority members of the senate and house of representatives
environment and natural resources policy and finance committees and divisions
on:
(1) the
technical changes in the rules for subsurface sewage treatment systems that
were adopted on February 4, 2008;
(2) the
progress in local adoption of ordinances to comply with the rules; and
(3) the
progress in protecting the state's water resources from pollution due to
subsurface sewage treatment systems.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 74. DEPARTMENT
OF NATURAL RESOURCES LONG-RANGE BUDGET ANALYSIS.
(a) The
commissioner of natural resources, in consultation with the commissioner of
management and budget, shall estimate the total amount of funding available
from all sources for each of the following land management categories: wildlife management areas; state forests;
scientific and natural areas; aquatic management areas; public water access
sites; and prairie bank easements. The
commissioner of natural resources shall prepare a ten-year budget analysis of
the department's ongoing land management needs, including restoration of each
parcel needing restoration. The analysis
shall include:
(1) an
analysis of the needs of wildlife management areas, including identification of
internal systemwide guidelines on the proper frequency for activities such as
controlled burns, tree and woody biomass removal, and brushland management;
(2) an
analysis of state forest needs, including identification of internal systemwide
guidelines on the proper frequency for forest management activities;
(3) an
analysis of scientific and natural area needs, including identification of
internal systemwide guidelines on the proper frequency for management
activities;
(4) an
analysis of aquatic management area needs, including identification of internal
systemwide guidelines on the proper frequency for management activities; and
(5) an
analysis of the needs of the state's public water access sites, including
identification of internal systemwide guidelines on the proper frequency for
management activities.
(b) The
commissioner shall compare the estimate of the total amount of funding
available to the department's ongoing management needs to determine:
(1) the
amount necessary to manage, restore, and maintain existing wildlife management
areas, state forests, scientific and natural areas, aquatic management areas,
public water access sites, and prairie bank easements; and
(2) the
amount necessary to expand upon the existing wildlife management areas, state
forests, scientific and natural areas, aquatic management areas, public water
access sites, and prairie bank easement programs, including the feasibility of
the department's existing long-range plans, if applicable, for each program.
(c) The
commissioner of natural resources shall submit the analysis to the chairs of
the house of representatives and senate committees with jurisdiction over
environment and natural resources finance and cultural and outdoor resources
finance by November 15, 2010.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 75. WIND
ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT.
By February
15, 2011, the commissioner of natural resources shall report to the senate and
house of representatives environment and natural resource policy and finance
committees and divisions on the use of state-owned lands for wind energy
systems. The report shall include:
(1)
information on the benefits and costs of using state-owned lands for wind
energy systems;
(2) the
effects of wind energy systems on state-owned lands;
(3)
recommendations for a regulatory system and restrictions that will be necessary
to protect the state's land and water resources when using state-owned lands
for wind energy systems; and
(4)
identification of state-owned lands that would be suitable for wind energy
systems and state-owned lands that would be unsuitable, including
recommendations for restrictions on the use of state-owned lands based on their
designation as units of the outdoor recreation system under Minnesota Statutes,
section 86A.05.
Sec. 76. APPROPRIATION;
DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER TRAINING.
(a)
$145,000 in fiscal year 2011 is appropriated from the game and fish fund to the
commissioner of natural resources for peace officer training for employees of
the Department of Natural Resources who are licensed under Minnesota Statutes,
sections 626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money credited
to the game and fish fund under Minnesota Statutes, section 357.021,
subdivision 7, paragraph (a), clause (1), from surcharges assessed to criminal
and traffic offenders. This is a onetime
appropriation.
(b) By
January 15, 2011, the commissioner of natural resources shall submit a report
to the chairs of the committees and divisions with jurisdiction over natural
resources and public safety on the expenditure of these funds, including the
effectiveness of the activities funded in improving the enforcement of game and
fish laws and the resulting outcomes for the state's natural resources.
Sec. 77. APPROPRIATION;
STATE WATER TRAILS.
$60,000 is
appropriated in fiscal year 2011 from the water recreation account in the
natural resources fund to the commissioner of natural resources to cooperate
with local units of government in marking state water trails under Minnesota
Statutes, section 85.32; acquiring and developing river accesses and campsites;
and removing obstructions that may cause public safety hazards. This is a onetime appropriation and available
until spent.
Sec. 78. APPROPRIATION;
MOOSE TRAIL.
$100,000 in
fiscal year 2011 is appropriated to the commissioner of natural resources from
the all-terrain vehicle account in the natural resources fund for a grant to
the city of Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual
usage trail, so that it may also be used as an off-highway vehicle trail
connecting the city of Biwabik to the Iron Range Off-Highway Vehicle Recreation
Area. This is a onetime appropriation
and is available until spent.
Sec. 79. APPROPRIATION;
ECOLOGICAL CLASSIFICATION PROGRAM.
$250,000 in
fiscal year 2011 is appropriated from the heritage enhancement account in the
game and fish fund to the commissioner of natural resources to maintain and
expand the ecological classification program on state forest lands. This is a onetime appropriation.
Sec. 80. PARKS
AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU REVENUE.
$300,000 in
fiscal year 2011 is appropriated from the natural resources fund to the
commissioner of natural resources for state park, state recreation area, and
state trail operations. This is from the
revenue deposited in the natural resources fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause (2).
$300,000 in
fiscal year 2011 is appropriated from the natural resources fund to the
Metropolitan Council for metropolitan area regional parks and trails maintenance
and operations. This is from the revenue
deposited in the natural resources fund under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).
Sec. 81. REFUSE
MANAGEMENT PILOT PROJECT; CANNON RIVER.
The
commissioner of natural resources shall establish a two-year pilot project on
the Cannon River under a written agreement between the establishment and the
commissioner of natural resources that allows canoe and inner tube rental
establishments to take responsibility for the management of their patrons'
refuse on the river, including allowing canoe and inner tube establishments to
provide disposable refuse containers to each group.
Sec. 82. REVISOR'S
INSTRUCTION.
(a) The
revisor of statutes shall change the term "horse trail pass" to
"horse pass" wherever it appears in Minnesota Statutes and Minnesota
Rules.
(b) The
revisor of statutes shall change the term "canoe and boating routes"
or similar term to "state water trails" or similar term wherever it
appears in Minnesota Statutes and Minnesota Rules.
(c) The
revisor of statutes shall change the term "Minnesota Conservation
Corps" to "Conservation Corps Minnesota" wherever it appears in
Minnesota Statutes.
Sec. 83. REPEALER.
(a)
Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 103G.295; and
103G.650, are repealed.
(b)
Minnesota Statutes 2009 Supplement, section 88.795, is repealed.
ARTICLE 5
ENERGY
Section 1. Minnesota Statutes 2008, section 3.8851,
subdivision 7, is amended to read:
Subd. 7. Assessment;
appropriation. (a) Upon request by
the cochairs of the commission, the commissioner of commerce shall assess the
amount requested for the operation of the commission, not to exceed $250,000 in
a fiscal year, from the following sources:
(1) 50
percent of the assessment must come from all public utilities, municipal
utilities, electric cooperative associations, generation and transmission
cooperative electric associations, and municipal power agencies providing
electric or natural gas services in Minnesota; and
(2) 50
percent of the assessment must come from all bulk terminals located in this
state from which petroleum products and liquid petroleum gas are dispensed for
sale in this state.
(b) The
commissioner of commerce shall apportion the assessment amount requested among
the entities in paragraph (a), clauses clause (1) and (2),
in proportion to their respective gross operating revenues from energy sold
within the state during the most recent calendar year, while ensuring that
wholesale and retail sales are not double counted.
(c) The
commissioner of commerce shall apportion the assessment amount requested
equally among the referenced entities in paragraph (a), clause (2).
(c) (d)
The entities in paragraph (a), clauses clause (1) and (2),
must provide information to the commissioner of commerce to allow for
calculation of the assessment.
(d) (e)
The assessments under this subdivision are in addition to assessments made
under section 216B.62. The amount
assessed under this section is must be deposited in the legislative
energy commission account in the special revenue fund. Funds in the legislative energy commission
account are appropriated to the director of the Legislative Coordinating
Commission for the purposes of this section, and is are available
until expended. Utilities selling gas
and electric service at retail must be assessed and billed in accordance with
the procedures provided in section 216B.62, to the extent that these procedures
do not conflict with this subdivision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2008, section 116C.779,
subdivision 1, is amended to read:
Subdivision
1. Renewable
development account. (a) The public
utility that owns the Prairie Island nuclear generating plant must transfer to
a renewable development account $16,000,000 annually $500,000 each
year for each dry cask containing spent fuel that is located at the Prairie
Island power plant for each year the plant is in operation, and $7,500,000
each year the plant is not in operation if ordered by the commission pursuant
to paragraph (d). The fund transfer must
be made if nuclear waste is stored in a dry cask at the independent spent-fuel
storage facility at Prairie Island for any part of a year. Funds in the account may be expended only for
development of renewable energy sources.
Preference must be given to development of renewable energy source
projects located within the state. The
utility that owns a nuclear generating plant is eligible to apply for renewable
development fund grants. The utility's
proposals must be evaluated by the renewable development fund board in a manner
consistent with that used to evaluate other renewable development fund project
proposals.
(b) The
public utility that owns the Monticello nuclear generating plant must transfer
to the renewable development account $350,000 each year for each dry cask
containing spent fuel that is located at the Monticello nuclear power plant for
each year the plant is in operation, and $5,250,000 each year the plant is not
in operation if ordered by the commission pursuant to paragraph (d). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at
Monticello for any part of a year.
(c)
Expenditures from the account may only be made after approval by order of the
Public Utilities Commission upon a petition by the public utility.
(d) After
discontinuation of operation of the Prairie Island nuclear plant or the
Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask
at the discontinued facility, the commission shall require the public utility
to pay $7,500,000 for the discontinued Prairie Island facility and $5,250,000
for the discontinued Monticello facility for any year in which the commission
finds, by the preponderance of the evidence, that the public utility did not
make a good faith effort to remove the spent nuclear fuel stored at the
facility to a permanent or interim storage site out of the state. This determination shall be made at least
every two years.
EFFECTIVE DATE. This
section is effective when 32 dry casks containing spent fuel are located at the
Prairie Island nuclear plant.
Sec. 3. [116C.7791]
REBATES FOR SOLAR PHOTOVOLTAIC MODULES.
Subdivision
1. Definitions. For
the purpose of this section, the following terms have the meanings given.
(a) "Installation"
means an array of solar photovoltaic modules attached to a building that will
use the electricity generated by the solar photovoltaic modules or placed on a
facility or property proximate to that building.
(b)
"Manufactured" means:
(1) the
material production of solar photovoltaic modules, including the tabbing,
stringing, and lamination processes; or
(2) the
production of interconnections of low-voltage photoactive elements that produce
the final useful photovoltaic output by a manufacturer operating in this state
on the effective date of this section.
(c)
"Qualified owner" means an owner of a qualified property, but does
not include an entity engaged in the business of generating or selling
electricity at retail, or an unregulated subsidiary of such an entity.
(d)
"Qualified property" means a residence, multifamily residence,
business, or publicly owned building located in the assigned service area of
the utility subject to section 116C.779.
(e)
"Solar photovoltaic module" means the smallest, nondivisible,
self-contained physical structure housing interconnected photovoltaic cells and
providing a single direct current of electrical output.
Subd. 2. Establishment. The utility subject to section
116C.779 shall establish a program to provide rebates to an owner of a
qualified property for installing solar photovoltaic modules manufactured in
Minnesota after December 31, 2009. Any
solar photovoltaic modules installed under this program and any expenses
incurred by the utility operating the program shall be treated the same as
solar installations and related expenses under section 216B.241.
Subd. 3. Rebate
eligibility. (a) To be
eligible for a rebate under this section, a solar photovoltaic module:
(1) must be
manufactured in Minnesota;
(2) must be
installed on a qualified property as part of a system whose generating capacity
does not exceed 40 kilowatts;
(3) must be
certified by Underwriters Laboratory, must have received the ETL listed mark
from Intertek, or must have an equivalent certification from an independent
testing agency;
(4) may or
may not be connected to a utility grid;
(5) must be
installed, or reviewed and approved, by a person certified as a solar
photovoltaic installer by the North American Board of Certified Energy
Practitioners; and
(6) may not
be used to sell, transmit, or distribute the electrical energy at retail, nor
to provide end-use electricity to an offsite facility of the electrical energy
generator. On-site generation is allowed
to the extent provided for in section 216B.1611.
(b) To be
eligible for a rebate under this section, an applicant must have applied for
and been awarded a rebate or other form of financial assistance available
exclusively to owners of properties on which solar photovoltaic modules are
installed that is offered by:
(1) the
utility serving the property on which the solar photovoltaic modules are to be
installed; or
(2) this
state, under an authority other than this section.
(c) An
applicant who is otherwise ineligible for a rebate under paragraph (b) is
eligible if the applicant's failure to secure a rebate or other form of
financial assistance is due solely to a lack of available funds on the part of
a utility or this state.
Subd. 4. Rebate
amount and payment. (a) The
amount of a rebate under this section is the difference between the sum of all
rebates described in subdivision 3, paragraph (b), awarded to the applicant and
$5 per watt of installed generating capacity.
(b)
Notwithstanding paragraph (a), the amount of all rebates or other forms of
financial assistance awarded to an applicant by a utility and the state,
including any rebate paid under this section, net of applicable federal income
taxes applied at the highest applicable income tax rates, must not exceed 60 percent
of the total installed cost of the solar photovoltaic modules.
(c) Rebates
must be awarded to eligible applicants beginning July 1, 2010.
(d) The
rebate must be paid out proportionately in five consecutive annual
installments.
Subd. 5. Rebate
program funding. (a) The
following amounts must be allocated from the renewable development account
established in section 116C.779 to a separate account for the purpose of
providing the rebates for solar photovoltaic modules specified in this section:
(1)
$2,000,000 in fiscal year 2011;
(2)
$4,000,000 in fiscal year 2012;
(3)
$5,000,000 in fiscal year 2013;
(4)
$5,000,000 in fiscal year 2014; and
(5)
$5,000,000 in fiscal year 2015.
(b) If, by
the end of fiscal year 2015, insufficient qualified owners have applied for and
met the requirements for rebates under this section to exhaust the funds
available, any remaining balance shall be returned to the account established
under section 116C.779.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2008, section 116J.437,
subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purpose of this
section, the following terms have the meanings given.
(b) "Green
economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:
(1) increase
the use of energy from renewable sources, including through achieving the
renewable energy standard established in section 216B.1691;
(2) achieve
the statewide energy-savings goal established in section 216B.2401, including
energy savings achieved by the conservation investment program under section
216B.241;
(3) achieve
the greenhouse gas emission reduction goals of section 216H.02, subdivision 1,
including through reduction of greenhouse gas emissions, as defined in section
216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;
(4)
monitor, protect, restore, and preserve the quality of surface waters,
including actions to further the purposes of the Clean Water Legacy Act as
provided in section 114D.10, subdivision 1; or
(5) expand
the use of biofuels, including by expanding the feasibility or reducing the cost
of producing biofuels or the types of equipment, machinery, and vehicles that
can use biofuels, including activities to achieve the biofuels 25 by 2025
initiative in sections 41A.10, subdivision 2, and 41A.11; or
(6)
increase the use of green chemistry, as defined in section 116.9401.
For the
purpose of clause (3), "green economy" includes strategies that
reduce carbon emissions, such as utilizing existing buildings and other
infrastructure, and utilizing mass transit or otherwise reducing commuting for
employees.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2008, section 216B.16,
subdivision 14, is amended to read:
Subd. 14. Low-income
electric rate discount. A public
utility shall fund an affordability program for low-income customers in an
amount based on a 50 percent electric rate discount on the first 300 400
kilowatt-hours consumed in a billing period for low-income residential
customers of the utility. For the
purposes of this subdivision, "low-income" describes a customer who
is receiving assistance from the federal low-income home energy assistance
program. The affordability program must
be designed to target participating customers with the lowest incomes and
highest energy costs in order to lower the percentage of income they devote to
energy bills, increase their payments, and lower costs associated with
collection activities on their accounts.
For low-income customers who are 62 years of age or older or disabled,
the program must, in addition to any other program benefits, include a 50
percent electric rate discount on the first 300 400
kilowatt-hours consumed in a billing period.
For the purposes of this subdivision, "public utility"
includes only those public utilities with more than 200,000 residential
electric service customers. The
commission may issue orders necessary to implement, administer, and recover the
costs of the program on a timely basis.
Sec. 6. Minnesota Statutes 2008, section 216B.16,
subdivision 15, is amended to read:
Subd. 15. Low-income
affordability programs. (a) The
commission must consider ability to pay as a factor in setting utility rates
and may establish affordability programs for low-income residential ratepayers in
order to ensure affordable, reliable, and continuous service to low-income
utility customers. Affordability
programs may include inverted block rates in which lower energy prices are made
available to lower usage customers. By
September 1, 2007, a public utility serving low-income residential
ratepayers who use natural gas for heating must file an affordability program
with the commission. For purposes of
this subdivision, "low-income residential ratepayers" means
ratepayers who receive energy assistance from the low-income home energy
assistance program (LIHEAP).
(b) Any
affordability program the commission orders a utility to implement must:
(1) lower
the percentage of income that participating low-income households devote to
energy bills;
(2) increase
participating customer payments over time by increasing the frequency of
payments;
(3)
decrease or eliminate participating customer arrears;
(4) lower
the utility costs associated with customer account collection activities; and
(5)
coordinate the program with other available low-income bill payment assistance
and conservation resources.
(c) In
ordering affordability programs, the commission may require public utilities to
file program evaluations that measure the effect of the affordability program
on:
(1) the
percentage of income that participating households devote to energy bills;
(2) service
disconnections; and
(3)
frequency of customer payments, utility collection costs, arrearages, and bad
debt.
(d) The
commission must issue orders necessary to implement, administer, and evaluate
affordability programs, and to allow a utility to recover program costs,
including administrative costs, on a timely basis. The commission may not allow a utility to
recover administrative costs, excluding start-up costs, in excess of five
percent of total program costs, or program evaluation costs in excess of two
percent of total program costs. The
commission must permit deferred accounting, with carrying costs, for recovery
of program costs incurred during the period between general rate cases.
(e) Public
utilities may use information collected or created for the purpose of
administering energy assistance to administer affordability programs.
Sec. 7. [216B.1695] ENVIRONMENTAL PROJECTS; ADVANCE DETERMINATION OF
PRUDENCE.
Subdivision
1. Qualifying project. A
public utility may petition the commission for an advance determination of
prudence for a project undertaken to comply with federal or state air quality
standards of states in which the utility's electric generation facilities are
located, if the project has an expected jurisdictional cost to Minnesota
ratepayers of at least $10,000,000. A
project is undertaken to comply with federal or state air quality standards if
it is required:
(1) by the
state in which the generation facility is located in a state implementation
plan, permit, or order; or
(2) to
comply with section 111 or 112 of the federal Clean Air Act, United States
Code, title 42, section 7411 or 7412.
Subd. 2. Regulatory
cost assessments and reports. A
utility requesting an advance determination under subdivision 1 must, as part
of the evidence required when filing a petition under subdivision 3, provide to
the Public Utilities Commission and the Pollution Control Agency an assessment
of all anticipated state and federal environmental regulations related to the
production of electricity from the utility's facility subject to the filing,
including regulations relating to:
(1) air
pollution by nitrogen oxide and sulphur dioxide, including an assumption that
Minnesota will be included in the federal Clean Air Interstate Rule region,
hazardous air pollutants, carbon dioxide, particulates, and ozone;
(2) coal
waste; and
(3) water
consumption and water pollution.
In addition,
the utility shall provide an assessment of the financial and operational
impacts of these pending regulations applicable to the generating facility that
is the subject of the filing and provide a range of regulatory response
scenarios that include, but are not limited to:
(1) the
installation of pollution control equipment;
(2) the
benefits of the retirement or repowering of the plant that is the subject of
the filing with cleaner fuels considering the costs of complying with state and
federal environmental regulations; and
(3) the use
of pollution allowances to achieve compliance.
The utility
shall consult with interested stakeholders in establishing the scope of the
regulatory, financial, and operational assessments prior to or during the
60-day period of the notice under subdivision 4.
Subd. 3. Petition. A petition filed under this section
must include a description of the project, evidence supporting the project's
reasonableness, a discussion of project alternatives, a project implementation
schedule, a cost estimate and support for the reasonableness of the estimated
cost, and a description of the public utility's efforts to ensure the lowest
reasonable costs. Following receipt of
the Pollution Control Agency's verification under subdivision 4, the commission
shall allow opportunity for oral and written comment on the petition. The commission shall make a final
determination on the petition within ten months of its filing date. The commission must make findings in support
of its determination.
Subd. 4. Verification. At least 60 days prior to filing a
petition to the commission under subdivision 3, the utility shall file notice
with the Pollution Control Agency that describes the project and how it
qualifies under subdivision 1. The
Pollution Control Agency shall, within 60 days of receipt of the notice, verify
that the project qualifies under subdivision 1, and shall forward written
verification to the commission.
Subd. 5. Cost
recovery. The utility may
begin recovery of costs that have been incurred by the utility in connection
with implementation of the project in the next rate case following an advance
determination of prudence. The
commission shall review the costs incurred by the utility for the project. The utility must show that the project costs
are reasonable and necessary, and demonstrate its efforts to ensure the lowest
reasonable project costs. Notwithstanding
the commission's prior determination of prudence, it may accept, modify, or
reject any of the project costs. The
commission may determine whether to require an allowance for funds used during
construction offset.
Subd. 6. Expiration. A petition for an advance
determination of prudence may not be filed after December 31, 2015.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2008, section 216B.2401,
is amended to read:
216B.2401 ENERGY CONSERVATION POLICY GOAL.
It is the
energy policy of the state of Minnesota to achieve annual energy savings equal
to 1.5 percent of annual retail energy sales of electricity and natural gas
directly through energy conservation improvement programs and rate design, such
as inverted block rates in which lower energy prices are made available to
lower usage residential customers, and indirectly through energy codes and
appliance standards, programs designed to transform the market or change
consumer behavior, energy savings resulting from efficiency improvements to the
utility infrastructure and system, and other efforts to promote energy
efficiency and energy conservation.
Sec. 9. Minnesota Statutes 2008, section 216B.62, is
amended by adding a subdivision to read:
Subd. 3a. Supplemental
staffing assessment. In
addition to other assessments in subdivision 3, the commission may assess up to
$800,000 per year for supplemental staffing to implement requirements of this
chapter. The amount in this subdivision
shall be assessed to the several public utilities in proportion to their
respective gross operating revenues from retail sales of gas or electric
service within the state during the last calendar year, shall be deposited into
an account in the special revenue fund, and appropriated to the commission. An assessment made under this subdivision is
not subject to the cap on assessments provided in subdivision 3 or any other
law.
Sec. 10. Minnesota Statutes 2008, section 326B.106,
subdivision 12, is amended to read:
Subd. 12.
Separate
metering for electric service. The
standards concerning heat loss, illumination, and climate control adopted
pursuant to subdivision 1, shall require that electrical service to individual
dwelling units in buildings containing two or more units be separately metered,
with individual metering readily accessible to the individual occupants. The standards authorized by this subdivision
shall only apply to buildings constructed after the effective date of the
amended standards. Buildings intended for
occupancy primarily by persons who are 62 years of age or older or disabled, supportive
housing, or which buildings that contain a majority of units
not equipped with complete kitchen facilities, shall be exempt from the
provisions of this subdivision. For
purposes of this section, "supportive housing" means housing made
available to individuals and families with multiple barriers to obtaining and
maintaining housing, including those who are formerly homeless or at risk of
homelessness and those who have a mental illness, substance abuse disorder,
debilitating disease, or a combination of these conditions.
Sec. 11. [383B.1588]
ENERGY FORWARD PRICING MECHANISMS.
Subdivision
1. Definitions. The
following definitions apply in this section.
(a)
"Energy" means natural gas, heating oil, diesel fuel, unleaded fuel,
or any other energy source, except electric, used in Hennepin County
operations.
(b)
"Forward pricing mechanism" means either:
(1) a
contract or financial instrument that obligates Hennepin County to buy or sell
a specified amount of an energy commodity at a future date and at a set price;
or
(2) an
option to buy or sell the contract or financial instrument.
Subd. 2. Authority
provided. Notwithstanding any
other law to the contrary, the Hennepin County Board of Commissioners may use
forward pricing mechanisms for budget risk reduction.
Subd. 3. Conditions. (a) Forward pricing transactions made
under this section must be made only under the conditions in this subdivision.
(b) The
amount of energy forward priced must not exceed the estimated energy usage for
Hennepin County operations for the period of time covered by the forward
pricing mechanism.
(c) The
holding period and expiration date for any forward pricing mechanism must not
exceed 24 months from the trade date of the transaction.
(d)
Separate accounts must be established for each operational energy for which
forward pricing mechanisms are used under this section.
Subd. 4. Written
policies and procedures. Before
exercising authority under subdivision 2, the Hennepin County Board of
Commissioners must have written policies and procedures governing the use of
forward pricing mechanisms.
Subd. 5. Oversight
process. (a) Before
exercising authority under subdivision 2, the Hennepin County Board of
Commissioners must establish an oversight process that provides for review of
the county's used of forward pricing mechanisms.
(b) The
process must include:
(1)
internal or external audit reviews;
(2) annual
reports to, and review by, an internal investment committee; and
(3)
internal management control.
EFFECTIVE DATE. This
section is effective without local approval the day following final enactment
as provided under Minnesota Statutes, section 645.023, subdivision 1, paragraph
(a).
Sec. 12. [383B.82]
WIND AND SOLAR BUSINESS ENTITY PARTICIPATION.
To exercise
the authority granted to counties under section 373.48, Hennepin County may be
a limited partner in a partnership, a member of a limited liability company, or
a shareholder in a corporation established for the purpose of constructing,
acquiring, owning in whole or in part, financing, or operating a facility that
generates electricity from wind or solar energy. Liability for Hennepin County is governed by
section 466.04. Section 466.04 also
governs liability for a limited liability company or a corporation, either of
which is wholly owned by Hennepin County and formed under this section.
Sec. 13. Laws 1981, chapter 222, section 1, is amended
to read:
Section 1. MINNEAPOLIS
AND ST. PAUL; RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL ENERGY
CONSERVATION PROGRAM; PURPOSE.
The
legislature finds and declares that the state faces potential serious shortages
in energy resources and that implementing energy conservation measures requires
expanded authority and technical capability in order to minimize the use of
traditional energy sources in the housing sector, commercial, and
industrial sectors; that accomplishing energy conservation is a public
purpose; and that it is in the public interest to authorize the city of
Minneapolis and the city of St. Paul to provide existing single family,
existing multifamily and existing rental housing residential,
commercial, and industrial property loans for energy improvements.
EFFECTIVE DATE. This
section is effective the day following final enactment for each of the cities
of Minneapolis and St. Paul without local approval under Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 14. Laws 1981, chapter 222, section 2, is amended
to read:
Sec. 2. RESIDENTIAL
ENERGY CONSERVATION PROGRAM.
Notwithstanding
any provision of law or charter to the contrary the city of Minneapolis and the
city of St. Paul, individually or jointly are authorized to develop and
administer a program or programs for the making or purchasing of energy
improvement or energy rehabilitation loans with respect to housing residential,
commercial, and industrial
properties located
anywhere within their respective boundaries on such terms and conditions as set
forth in this act and an ordinance which shall be adopted by the governing body
or bodies of the municipality or municipalities establishing the program. At least 75 percent of the proceeds of each
energy improvement or energy rehabilitation loan shall be used for housing
property repairs and, improvements, and equipment
(1) which the city determines are (a) used or useful to conserve energy or (b)
to convert or retrofit an existing structure for the purpose of using an energy
source which does not depend on nuclear or nonrenewable petroleum based
resources, and (2) which, when installed or completed, will with respect to
each housing unit directly result in a cost effective reduction of energy
use from nuclear or nonrenewable petroleum based resources. The ordinance establishing the program shall
establish the manner of determining whether the housing repairs and,
improvements, and equipment will directly result in the required cost
effective reduction of energy use. Loans
may be made without regard to income level of the loan recipient, shall bear
interest at a rate or rates as are established by the city or cities, shall be
for a term of not to exceed 20 years, and may be secured by a mortgage or other
security interest. The powers granted to
each city by sections 1 to 5 of this act are supplemental and in addition to
those granted by Minnesota Statutes, Chapter 462C, Chapter 469, and any
other law or charter.
EFFECTIVE DATE. This
section is effective the day following final enactment for each of the cities
of Minneapolis and St. Paul without local approval under Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 15. Laws 1981, chapter 222, section 3, is amended
to read:
Sec. 3. LIMITATIONS.
A program
may be established pursuant to this act only after the city establishing the
program determines that:
(1) There
is a continued need to reduce consumption of energy from nonrenewable petroleum
based resources.
(2) There
are housing units properties within the jurisdiction of the city
which are in need of energy improvements and energy rehabilitation.
(3) Private
sources of financing are not reasonably available to provide the needed loans
for energy improvements and energy rehabilitation.
(4) The
types of energy improvements and energy rehabilitation will reduce the
consumption of energy from nonrenewable petroleum based resources or from
nuclear sources.
Findings
made by the city pursuant to this section shall be conclusive and final.
EFFECTIVE DATE. This
section is effective the day following final enactment for each of the cities
of Minneapolis and St. Paul without local approval under Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 16. Laws 1981, chapter 222, section 4,
subdivision 2, is amended to read:
Subd. 2. Bonding
and financial authority. Notwithstanding
the provisions of any other law, general or special to the contrary, and in
addition to the authority contained in any other law, the city of Minneapolis
and the city of St. Paul individually or jointly may exercise any and all
of the same powers in relation to the making or purchasing of loans or other
securities and in the issuing of revenue bonds or obligations in furtherance of
the programs authorized by sections 1 to 5 as the Minnesota housing finance
agency is authorized to exercise under the provisions of Minnesota Statutes, Chapter
462A, without regard to any of the limitations set forth in Minnesota Statutes,
Chapters 462C or 475. The revenue bonds
or obligations shall be payable from revenues from the program and
other city housing
programs. The revenue bonds or obligations
may be payable from other sources of city revenue which are derived from
federal sources other than general revenue sharing, or private grant sources. The city shall not levy or pledge to levy any
ad valorem tax upon real property for the purpose of paying principal of or
interest on revenue bonds or obligations.
EFFECTIVE DATE. This
section is effective the day following final enactment for each of the cities
of Minneapolis and St. Paul without local approval under Minnesota
Statutes, section 645.023, subdivision 1, paragraph (a).
Sec. 17. Laws 2009, chapter 37, article 2, section 13,
is amended to read:
Sec. 13. APPROPRIATIONS;
CANCELLATIONS.
(a) The
remaining balance of the fiscal year 2009 special revenue fund appropriation
for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section
3, subdivision 4, is transferred and appropriated to the commissioner of
employment and economic development for the purposes of green enterprise
assistance under Minnesota Statutes, section 116J.438. This appropriation is available until spent.
(b) The
unencumbered balance of the fiscal year 2008 appropriation to the commissioner
of commerce for the rural and energy development revolving loan fund under Laws
2007, chapter 57, article 2, section 3, subdivision 6, is canceled and
reappropriated to the commissioner of commerce as follows:
(1)
$1,500,000 is for a grant to the Board of Trustees of the Minnesota State
Colleges and Universities for the International Renewable Energy Technology
Institute (IRETI) to be located at Minnesota State University, Mankato, as a
public and private partnership to support applied research in renewable energy
and energy efficiency to aid in the transfer of technology from Sweden to
Minnesota and to support technology commercialization from companies located in
Minnesota and throughout the world; and
(2) the
remaining balance is for a grant to the Board of Regents of the University of
Minnesota for the initiative for renewable energy and the environment to fund
start up costs related to a national solar testing and certification laboratory
to test, rate, and certify the performance of equipment and devices that
utilize solar energy for heating and cooling air and water and for generating
electricity.
This
appropriation is available until expended.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Laws 2009, chapter 138, article 2, section 4,
is amended to read:
Sec. 4. SMALL
CITY ENERGY EFFICIENCY GRANT.
Subdivision
1. Program. The commissioner shall make a grant for
an innovative residential and commercial energy efficiency program in a
small rural city with a population under 4,000 located in the service area of
Minnesota Power that is currently working with that utility, the county housing
and redevelopment authority, and other state and local housing organizations to
enhance energy efficiency for residents and businesses. Stimulus funds must be matched $1 for every
$4 of stimulus funds granted under this section and are available to the extent
of the match. The program must include
the following elements:
(1)
provision of basic residential and commercial energy conservation
measures;
(2)
provision of more comprehensive residential and commercial energy
conservation measures, including extensive retrofits and appliance upgrades;
and
(3) a
plan to establish a revolving loan fund so that the program is sustainable over
time; and
(4) innovative
financing options allowing residents and businesses to finance energy
efficiency improvements, at least in part, with energy savings.
Subd. 2. Report. By January 15, 2010, and October
30, 2010, the city must submit a report measuring and assessing the program's
effectiveness and energy savings to the commissioner and the chairs and ranking
minority members of the senate and house of representatives committees with
primary jurisdiction over energy policy and finance.
EFFECTIVE DATE. This section
is effective the day following final enactment.
Sec. 19. URBAN
TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED.
(a) A
high-voltage transmission line longer than one mile with a capacity of 100
kilovolts or more that is located in a city of the first class in a zone within
one mile of the transmission line in which population density exceeds 8,000
persons per square mile, and that runs parallel to and is within one-half mile
of a below-grade bike and walking path that connects with other bike paths
along a river, is subject to the provisions of Minnesota Statutes, section
216B.243.
(b) This
section expires December 31, 2014.
EFFECTIVE DATE. This section
is effective the day following final enactment and applies only to high-voltage
transmission lines described in this section that are the subject of an
application for a route permit under Minnesota Statutes, chapter 216E, that is pending
before the Public Utilities Commission on March 15, 2010.
Sec. 20. NEIGHBORHOOD
ENERGY REDUCTION REPORT.
Subdivision
1. Report. (a) By
February 15, 2011, an organization with experience in energy conservation and
energy planning at the neighborhood level that serves as project manager must
submit a report to the chairs and ranking minority members of the senate and
house of representatives committees with primary jurisdiction over energy
policy that contains the following information:
(1) projections
of the amount of energy that can be conserved and generated through the
implementation of cost‑effective energy efficiency investments;
innovative energy storage projects, including thermal energy storage;
smart-grid technologies; and energy produced from distributed generation
projects fueled by solar photovoltaic and other renewable energy sources
located in the focused study area designated in the application to the
Minnesota Public Utilities Commission for a route permit for the high-voltage transmission
line identified in section 19;
(2) for each
energy-reducing or energy-generating element recommended, estimates of the
amount of energy conserved or generated, the reduction in peak demand
requirements in the focused study area, and the cost per unit of energy saved
or generated; and
(3) an
estimate of the number of green jobs that would be created through
implementation of the report's recommendations.
(b) Requests
by the project manager for information from the utility serving the focused study
area may be made after the service of notice of and order for hearing made
under Minnesota Statutes, section 216B.243, for the project described in
section 19. Information requests with
respect to the study are governed by the rules for contested case hearings in
Minnesota Rules, part 1400.6700.
(c) The
project manager may contract for portions of the work required to complete the
report.
Subd. 2. Community
steering committee. (a) The
project manager shall convene a community steering committee to provide input
to the report. Appointments to the
steering committee must reflect the diversity of the focused study area, and
include representatives of focused study area residents, including homeowners,
building owners and renters, businesses, churches, other institutions,
including the Midtown Community Works Partnership, local hospitals, and local
elected officials representing the focused study area. All meetings held by the community steering
committee or any subcommittees it creates must be public meetings, with advance
notice given to the public.
(b) The
project manager shall seek to maximize the participation of focused study area
residents, stakeholders, and institutions in recommending ideas to be included
within the scope of the report and in reviewing initial and successive drafts
of the report, including providing stipends for reasonable expenses when
necessary to increase participation, but not including per diem payments. The project manager shall contact
representatives of similar successful projects in other states to benefit from
their experience and to learn about best practices for increasing public
participation that can be replicated in Minnesota. The report must incorporate and respond to
comments from the focused study area and the steering committee.
Subd. 3. Energy
savings. The utility that
serves the focused study area may apply energy savings resulting directly from
the implementation of recommendations contained in the report regarding energy
efficiency investments to its energy-savings goal under Minnesota Statutes,
section 216B.241, subdivision 1c.
Subd. 4. Certificate
of need process. No contested
case evidentiary hearings for a certificate of need for the transmission line
identified in section 19 may commence before April 1, 2011.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. APPROPRIATION
AND TRANSFER.
(a) The
utility subject to Minnesota Statutes, section 116C.779, shall transfer $90,000
from the renewable development account established under that section to the
commissioner of commerce, who shall deposit it in the special revenue fund.
(b) $90,000
from the money deposited in the special revenue fund under paragraph (a) is
appropriated to the commissioner of commerce for transfer to the city of
Minneapolis for a grant to an organization with experience in energy
conservation and energy planning at the neighborhood level that is selected by
the city, in consultation with the Midtown Greenway Coalition and representatives
of the neighborhoods in which the high-voltage transmission line described in
section 19 is proposed to be located, and after project proposals have been
reviewed, to serve as project manager for the purpose of completing the report
required under section 20.
This is a
onetime appropriation and is available until expended.
Sec. 22. REPEALER.
Laws 1981,
chapter 222, section 7, is repealed."
Delete the
title and insert:
"A
bill for an act relating to state government; appropriating money from
constitutionally dedicated funds; modifying certain statutory provisions and
laws for environment, natural resources, outdoor heritage, and energy;
modifying fees, accounts, disposition of certain receipts, and audit
requirements; providing for certain registration, training, and licensing
exemptions; modifying outdoor recreation and recreational vehicle provisions;
modifying the Water Law; regulating public utilities; modifying and establishing
programs; requiring studies and reports;
modifying
and requiring the transfer of appropriations; appropriating money; amending
Minnesota Statutes 2008, sections 3.8851, subdivision 7; 3.9741, by adding a
subdivision; 84.025, subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857;
84.415, by adding a subdivision; 84.777, subdivision 2; 84.788, subdivision 2;
84.798, subdivision 2; 84.82, subdivisions 3, 6, by adding a subdivision;
84.8205, subdivision 1; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by
adding a subdivision; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928,
subdivision 5; 84D.10, by adding a subdivision; 84D.13, subdivision 5; 85.015,
subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision
1; 85.41, subdivision 3; 85.42; 85.43; 85.46, as amended; 86B.301, subdivision
2; 86B.501, by adding a subdivision; 88.17, subdivisions 1, 3; 88.79,
subdivision 2; 89.17; 90.041, by adding a subdivision; 90.121; 90.14; 97A.056,
subdivision 5, by adding subdivisions; 97B.665, subdivision 2; 103A.305;
103B.702, by adding a subdivision; 103G.271, subdivision 3; 103G.285,
subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315,
subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision 2; 115.55, by
adding a subdivision; 116.07, subdivisions 4, 4h; 116C.779, subdivision 1;
116D.04, subdivision 2a, by adding a subdivision; 116J.437, subdivision 1;
216B.16, subdivisions 14, 15; 216B.2401; 216B.62, by adding a subdivision;
290.431; 290.432; 326B.106, subdivision 12; 473.1565, subdivision 2; Minnesota
Statutes 2009 Supplement, sections 84.415, subdivision 6; 84.793, subdivision
1; 84.922, subdivision 1a; 84.9275, subdivision 1; 84.928, subdivision 1;
85.015, subdivision 13; 85.053, subdivision 10; 85.53, subdivision 2, by adding
a subdivision; 86A.09, subdivision 1; 97A.056, subdivision 3; 103G.201;
114D.50, by adding a subdivision; 129D.17, subdivision 2; Laws 1981, chapter
222, sections 1; 2; 3; 4, subdivision 2; Laws 2009, chapter 37, article 2, section
13; Laws 2009, chapter 138, article 2, section 4; Laws 2009, chapter 172,
article 2, section 4; article 5, sections 8; 10; Laws 2010, chapter 215,
article 3, section 4, subdivision 10; proposing coding for new law in Minnesota
Statutes, chapters 103A; 103G; 116C; 216B; 383B; repealing Minnesota Statutes
2008, sections 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b;
88.795; Laws 1981, chapter 222, section 7; Laws 2009, chapter 172, article 5,
section 9."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:
Ellen Anderson, Tom Saxhaug,
Satveer Chaudhary, Dennis Frederickson and Sandy Rummel.
House Conferees:
Mary Murphy, Jean Wagenius, Will
Morgan, Rick Hansen and Gregory
Davids.
Wagenius moved that the report of the
Conference Committee on S. F. No. 3275 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
The Speaker assumed the Chair.
S. F. No. 3275, as amended
by Conference, was read for the third time.
Pursuant to rule 1.50, Sertich moved that
the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
The Speaker called Hortman to the Chair.
Emmer was excused for the remainder of
today's session.
S. F. No. 3275,
A bill for an act relating to state government; appropriating money from
constitutionally dedicated funds; modifying appropriation to prevent water
pollution from polycyclic aromatic hydrocarbons; modifying certain
administrative accounts; modifying electronic transaction provisions; providing
for certain registration exemptions; modifying all-terrain vehicle definitions;
modifying all-terrain vehicle operation restrictions; modifying state trails
and canoe and boating routes; modifying fees and disposition of certain
receipts; modifying certain competitive bidding exemptions; modifying horse
trail pass provisions; modifying beaver dam provisions; modifying the Water Law;
modifying nongame wildlife checkoffs; establishing an Environment and Natural
Resources Organization Advisory Committee to advise legislature and governor on
new structure for administration of environment and natural resource policies;
requiring an advisory committee to consider all powers and duties of Pollution
Control Agency, Department of Natural Resources, Environmental Quality Board,
Board of Water and Soil Resources, Petroleum Tank Release Compensation Board,
Harmful Substances Compensation Board, and Agricultural Chemical Response
Compensation Board and certain powers and duties of Departments of Agriculture,
Health, Transportation, and Commerce; modifying method of determining value of
acquired stream easements; providing for certain historic property exemption;
modifying state forest acquisition provisions; modifying certain requirements
for land sales; adding to and deleting from state parks and state forests;
authorizing public and private sales, conveyances, and exchanges of certain
state land; amending the definition of "green economy" to include the
concept of "green chemistry;" clarifying that an appropriation is to
the commissioner of commerce; establishing a program to provide rebates for
solar photovoltaic modules; providing for community energy planning; modifying
Legislative Energy Commission and Public Utilities Commission provisions;
eliminating a legislative guide; appropriating money; amending Minnesota
Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision 9; 84.027, subdivision
15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777, subdivision 2; 84.82,
subdivision 3, by adding a subdivision; 84.92, subdivisions 9, 10; 84.922,
subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256,
subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40; 85.015,
subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41, subdivision
3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3; 88.79,
subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision; 90.121;
90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3; 103G.285,
subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315,
subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision 2; 115A.02;
116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by adding a
subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota Statutes 2009
Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1; 84.9275,
subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09,
subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176,
article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision
10; proposing coding for new law in Minnesota Statutes, chapters 85; 103G;
116C; repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3,
4, 5, 6, 7, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws
2009, chapter 172, article 5, section 8.
The bill, as amended by Conference, was
placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There were 107 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dill
Dittrich
Doepke
Doty
Downey
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
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
Those who
voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Drazkowski
Eastlund
Garofalo
Gottwalt
Hackbarth
Holberg
Kelly
Kiffmeyer
Kohls
Peppin
Rukavina
Scott
Seifert
Severson
Shimanski
Westrom
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2725, A bill for an act relating to public safety;
establishing a certification process for multijurisdictional gang and drug task
forces; regulating law enforcement criminal gang investigative databases;
classifying data received from law enforcement agencies in other states;
changing membership of a council; delineating uses of data in the comprehensive
incident-based reporting system; restricting the acquisition of cell phone
tracking devices; amending Minnesota
Statutes 2008, sections 13.82, by adding a subdivision; 299A.641; 299C.091, subdivision
4; 299C.40, subdivision 2; 609.531, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 13; 626; 626A.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has
appointed as such committee:
Senators Moua, Dibble, Torres Ray, Chaudhary and Koering.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Paymar moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 5
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2725. The motion prevailed.
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2900, A bill for an act relating to natural
resources; modifying aquaculture provisions; modifying disposal restrictions
for certain livestock taken by wild animals; modifying provisions for taking,
possessing, and transporting wild animals; modifying requirements for fish and
wildlife management plans; modifying game and fish provisions; modifying game
and fish license requirements and fees for youths; increasing certain fishing
license fees; modifying certain requirements for invasive species control;
modifying certain administrative accounts; modifying electronic transaction
provisions; providing for certain registration exemptions; modifying
all-terrain vehicle definitions; modifying all-terrain vehicle operation
restrictions; modifying state trails and canoe and boating routes; modifying
fees and disposition of certain receipts; modifying certain competitive bidding
exemptions; modifying horse trail pass provisions; modifying beaver dam
provisions; modifying the Water Law; modifying nongame wildlife check offs;
modifying method of determining value of acquired stream easements; providing
for certain historic property exemption; modifying adding to and deleting from
state parks and state forests; authorizing public and private sales,
conveyances, and exchanges of certain state land; providing exemptions from
rulemaking and requiring rulemaking; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2008, sections 17.4982,
subdivision 12, by adding a subdivision; 17.4991, subdivision 3; 17.4994;
35.82, subdivision 2; 84.025, subdivision 9; 84.027, subdivision 15; 84.0272,
subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3, by adding a subdivision;
84.92, subdivisions 9, 10; 84.922, subdivision 5, by adding a subdivision;
84.925, subdivision 1; 84.942, subdivision 1; 84D.03, subdivision 3; 84D.13,
subdivision 3; 85.012, subdivision 40; 85.015, subdivision 14; 85.22,
subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as amended; 86B.101; 89.032,
subdivision 2; 97A.015, subdivision 52, by adding a subdivision; 97A.055,
subdivision 4b; 97A.101, subdivision 3; 97A.145, subdivision 2; 97A.311,
subdivision 5; 97A.331, by adding subdivisions; 97A.420, subdivisions 2, 3, 4,
6, by adding a subdivision; 97A.421, subdivision 4a, by adding a subdivision;
97A.433, by adding a subdivision; 97A.435, subdivision 1; 97A.445, subdivision
5; 97A.451, subdivision 3; 97A.475, subdivisions 3a, 4, 43, 44; 97A.535,
subdivision 2a; 97A.545, subdivision 5; 97B.015; 97B.020; 97B.021, subdivision
1; 97B.022, subdivision 2; 97B.031, subdivision 5; 97B.045, by adding a
subdivision; 97B.075; 97B.106, subdivision 1; 97B.211, subdivision 1; 97B.301,
subdivisions 3, 6; 97B.325; 97B.405; 97B.515, by adding a subdivision; 97B.601,
subdivision 4; 97B.665, subdivision 2; 97B.711, by adding a subdivision;
97B.803; 97C.005, subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.341;
103A.305; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301,
subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515,
subdivision 5; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections
84.928, subdivision 1; 84.95, subdivision 2; 85.015, subdivision 13; 86A.09,
subdivision 1; 97A.075, subdivision 1; 97A.445, subdivision 1a; 97A.451,
subdivision 2; 97A.475, subdivisions 2, 3; 97B.055, subdivision 3; 97C.395,
subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
amended; Laws 2009, chapter 176, article 4, section 9; proposing coding for new
law in Minnesota Statutes, chapters 17; 84D; 85; 97B; 97C; 103G; repealing
Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, 8;
84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5; 97A.451, subdivisions 3a,
4; 97A.485, subdivision 12; 97B.022, subdivision 1; 97B.511; 97B.515,
subdivision 3; 97B.665, subdivision 1; 97C.346; 103G.295; 103G.650; Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws
2009, chapter 172, article 5, section 8.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has
appointed as such committee:
Senators Chaudhary, Skogen and Ingebrigtsen.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Dill moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2900. The motion prevailed.
Madam
Speaker:
I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 3361, A bill for an act relating to real property
transfers; prohibiting private transfer fees; proposing coding for new law in
Minnesota Statutes, chapter 513.
The Senate respectfully requests that a Conference Committee
be appointed thereon. The Senate has appointed
as such committee:
Senators Scheid, Betzold and Limmer.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Jackson moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 3361. The motion prevailed.
Bly was excused for the remainder of
today's session.
CALENDAR FOR THE DAY
S. F. No. 2879 was reported
to the House.
Davids moved
to amend S. F. No. 2879, the first engrossment, as follows:
Page 2,
after line 27, insert:
"Sec. 3. Minnesota Statutes 2008, section 62E.141, is
amended to read:
62E.141 INCLUSION IN EMPLOYER-SPONSORED PLAN.
No employee
of an employer that offers a health plan, under which the employee is eligible
for coverage, is eligible to enroll, or continue to be enrolled, in the
comprehensive health association, except for enrollment or continued enrollment
necessary to cover conditions a condition that are is
subject to an unexpired preexisting condition limitation, preexisting condition
exclusion, or exclusionary rider under the employer's health plan. This section does not apply to persons
enrolled in the Comprehensive Health Association as of June 30, 1993. With respect to persons eligible to enroll in
the health plan of an employer that has more than 29 current employees, as
defined in section 62L.02, this section does not apply to persons enrolled in
the Comprehensive Health Association as of December 31, 1994.
EFFECTIVE DATE. This section
is effective the day following final enactment."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
The motion prevailed and the amendment was
adopted.
S. F. No. 2879, A bill for
an act relating to insurance; modifying provisions related to the Minnesota Comprehensive
Health Association; amending Minnesota Statutes 2008, sections 62E.11,
subdivision 11; 62E.12.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
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
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
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.
Sertich moved that the remaining bills on
the Calendar for the Day be continued.
The motion prevailed.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2725:
Paymar, Hilstrom, Lesch, Champion and
Holberg.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on S. F. No. 3361:
Jackson, Hilstrom and Kiffmeyer.
MOTIONS AND RESOLUTIONS
Mariani moved that the name of Bunn be added as an author on
H. F. No. 3093. The
motion prevailed.
Eken moved that the name of Westrom be added as an author on
H. F. No. 3640. The
motion prevailed.
Abeler moved that H. F. No. 3564 be returned to
its author. The motion prevailed.
ADJOURNMENT
Sertich moved that when the House adjourns today it adjourn
until 11:00 a.m., Thursday, May 13, 2010.
The motion prevailed.
Sertich moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Hortman declared the House stands adjourned until 11:00 a.m., Thursday, May 13,
2010.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives